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HomeMy WebLinkAbout05/02/1977 . . . "::- Council Minutes Roll Call Council Minutes Community Services Committee Report TOWN OF NEWCASTLE May 2nd, 1977 Minutes of a regular meeting of Council held in the Bowmanville Council Chambers on Monday, May 2nd, 1977 at 7:00 p.m. Present were: Mayor Councillor Garnet B. Rickard Donald W. Allin Robert Dykstra Alfred Gray Jasper W. Holliday - at 7:15 p.m. R. Bruce Taylor Edward R. Woodyard Resolution 'C-77-6l7 Moved by Con. Allin, seconded by Con. Dykstra. THAT the Council Minutes dated April 18th, 1977 be approved as read. "CARRIED" Resolution 'C-77-6l8 Moved by Con. Gray, seconded by Con. Dykstra. THAT the Community Services Committee Chairman's Report of meeting held on April 18th, 1977 be adopted except for Items 4 and 6 with the following additional item:- "THAT the Works Department do the necessary repair work on the Bowmanville Zamboni and the repairs be charged to the Equipment Maintenance account for the Bowmanville Arena." "CARRIED" Resolution 'C-77-6l9 Moved by Con. Gray, seconded by Con. Allin. THAT Item No. 4 be amended by deleting the rental for the park booth $200.00. "CARRIED" Resolution IC-77-620 Moved by Con. Dykstra, seconded by Con. Gray. THAT Item No. 4 be adopted as amended. "CARRIED" . Council Minutes . . Legislation II By-Laws Comittee Finance COBlllittee Report Task Force Chairman's Report - 2 - May 2nd, 1977 Resolution #C-77-62l Moved by Con. Dykstra, seconded by Con. Gray. THAT Item No. 6 be adopted. "CARRIED" Resolution #C-77-622 Moved by Con. Holliday, seconded by Con. Taylor. THAT the Legislation and By-Laws Committee Chairman's Report of meeting held on April 25th, 1977 be adopted with the exception of Item No.5. "CARRIED" Resolution #C-77-623 Moved by Con. Taylor, seconded by Con. Allin. THAT Item No. 5 be adopted. "CARRIED" Resolution #C-77-624 Moved by Con. Allin, seconded by Con. Dykstra. THAT the Finance Committee Chairman's Report of Meeting held on April 25th, 1977 be adopted except for Item No.7. "CARRIED" Resolution #C-77-625 Moved by Con. Gray, seconded by Con. Allin. THAT Item No.7 be withdrawn from the report. "CARRIED" Resolution #C-77-626 Moved by Con. Dykstra, seconded by Con. Allin. THAT the Task Force Chairman's Report of meeting held on April 25th, 1977 be adopted. "CARRIED" Council Minutes . D.G.S. Liaison Committee Report Town Clerk's Report re Applications for Amendments to Zoning By-Laws . Hydro Corridor Expropriation of Road Allowances Planning Administration Committee Report . - 3 - May 2nd, 1977 Resolution #C-77-627 Moved by Con. Dykstra, seconded by Con. Taylor. THAT the Darlington Generating Station Liaison Committee Chairman's Report of meeting held on April 27th, 1977 be adopted. "CARRIED" Resolution #C-77-628 Moved by Con. Dykstra, seconded by Con. Allin. THAT the Town Clerk's Report regarding Applications for Amendments to Zoning By-laws be received for information. "CARRIED" Resolution #C-77-629 Moved by Con. Dykstra, seconded by Con. Allin. THAT the Director of Public Works Report dated April 25th, 1977 regarding meeting with Ontario Hydro to discuss the Hydro Corridor Expropriation of road allowances be concurred with and the Town Clerk be requested to arrange a meeting. "CARRIED" Councillor Taylor advised of a possible Conflict of Interest and took no part in the discussion or voting. Resolution #C-77-630 Moved by Con. Dykstra, seconded by Con. Allin. THAT the Planning Administration Committee Chairman's Report of meeting held on April 22nd, 1977 be adopted with the exception of Item No. 1. "CARRIED" Resolution #C-77-63l Moved by Con. Dykstra, seconded by Con. Taylor. THAT Paragraphs 1 and 2 of Item No. 1 be deleted and the following substituted:- "THAT a nominal fee of $250.00 be established for each Subdivision Application for the purpose of immediate and cursory examination by the Planning Advisory Committee and Planning Staff. If cursory examination indicates that the proposed development and/or its timing is premature, the subdivider be so notified and the fee not refunded." "CARRIED" . . . Council Minutes Planning Advisory Committee Report April Uth/77 Addendum Ridge Pine Park Limited re Wilmot Creek Development Waver ley Gardens Community Association re Fireworks Display Mr. S. Cureatz Mr. E.J. Veldhuis re S.E.A.P. - 4 - May 2nd, 1977 Resolution #C-77-632 Moved by Con. Dykstra, seconded by Con. Taylor. THAT Item No. 1 be adopted as amended. "CARRIED" Resolution #C-77-633 Moved by Con. Dykstra, seconded by Con. Taylor. THAT Addendum No. 1 to Report No. 8 of Council Agenda of April 18th, 1977 be adopted. The said Item reads as follows: "7. Application for Official Plan Amendment No. 93 S. Mastrangelo, Part Lot 14, Concession 4, Darlington. That this Committee recommend to Council that Regional Council be advised that The Town of Newcastle cannot support this application for Official Plan Amendment." Mr. David Rice of Ridge Pine Park Limited appeared before Council with regard to the Wilmot Creek Development. Mr. Rice requested Council to request the Region to ask the Ministry of Housing to modify the Official Plan to allow the Development of the Project. (See Resolution #C-77-644). Mr. W.F. Hasted appeared before Council requesting permission for Waverley Gardens Community' Association to hold a Fireworks Display on May 21st, 1977. Mr. Hasted also presented a written brief. (See Resolution # C-77-673). Mr. Sam Cureatz appeared before Council relative to the building of a new Arena in the Village of Newcastle (See By-Law No. 77-27). Mr. E.J. Veldhuis appeared before Council relative to his former request to have the roads in the Port Granby ar.ea tested for radio activity and also the water purification plant. He also expressed opposition to certain proposals contained in Mr. Grant's letter of February 11th, 1977. Council Minutes . AVP Exrusions Ltd. re Rail Siding . Mr. Speziale re Permission to Live in Existing Dwelling while Constructing New House .. Mrs. Ricard re Refreshment Vehicle Licence - 5 - May 2nd, 1977 Mr. Paul Smith of AVP Extrusions Limited, Newcastle, appeared before Council relative to a request to have his Company's private rail siding cross Toronto Street and indicated that a by-law would he necessary to permit this. Resolution #C-77-634 Moved by Con. Woodyard, seconded by Con. Gray. THAT this request be referred to the Public Works Committee. "CARRIED AS AMENDED" Resolution #C-77-635 Moved by Con. HOlliday, seconded by Con. Dykstra. THAT the foregoing Resolution be amended to the effect that the matter be brought to the attention of the Chairman of the Public Works Committee and Director of Public Works, with power to act with regard to preparing a suitable By-law for presentation to Council. "CARRIED" Resolution #C-77-636 Moved by Con. Woodyard, seconded by Con. HOlliday. THAT Mr. Speziale be heard. "CARRIED" Mr. Speziale requested Council's permission to allow him to live in his present house while building a new home. Resolution #C-77-637 Moved by Con. Allin, seconded by Con. Woodyard. THAT the matter be referred to the Clerk and Chief Building Inspector with power to act to prepare the necessary agreement to permit this request. "CARRIED" Resolution #C-77-638 Moved by Con. Dykstra, seconded by Con. Allin. THAT Mrs. Ricard be heard. "CARRIED" Mrs. Ricard wanted Council clarification regarding a licence for her Refreshment Truck (See Item 4 of Legislation & By-Laws Committee Report of April 25th, 1977). Council Minutes . Disposition of Correspondence 2. 3. 5. 6. 9. 10. . 11. 12. 13. a.M.B. re Carnovale Hearing . Durham Federation of Agriculture re Grant - 6 - May 2nd, 1977 Resolution #C-77-639 Moved by Con. Dykstra, seconded by Con. Allin. THAT the disposition of Correspondence as recommended by the Town Clerk be adopted with the exception of Items 4, 7 and 17. "CARRIED" The Regional Municipality of Durham - Clerk's Department dated April 19th, 1977 regarding Speed Limit on Regional Road 17, be received for information. Durham Federation of Agriculture dated April 26th, 1977 re letter of appreciation relative to grant received in the amount of $2,163.55, be received for information. St. Marys Cement Company dated April 22nd, 1977 regarding blasting activities for the period of March 1st, 1977 to March 25th, 1977 be received for information. Ministry of the Environment re Water Works Approval (Certificate No. 7-0022-77-006) be received for information. Ministry of Housing dated April 15th, 1977 regarding Proposed Durham Official Plan be referred to the Planning Administration Committee. Ministry of the Environment dated April 15th, 1977 regarding Warble Fly Programme, be referred to the Personnel and Property Committee. Ministry of the Environment - Air Resources Branch dated April 18th, 1977 regarding purchase of late-model vehicles be referred to the Public Works Committee. Ministry of Housing dated April 26th, 1977 regarding Ontario Home Renewal Program Evaulation Report be referred to the Planning Administration Committee. Ministry of Housing dated April 26th, 1977 regarding Amendment No. 9 to the Official Plan for the former Darlington Planning Area (Indian Industries), be referred to the Planning Administration Committee. Resolution #C-77-640 Moved by Con. Dykstra, seconded by Con. Holliday. THAT the Ontario Municipal Board Notice of Hearing regarding Carnovale be referred to the Planner to report to the next Council Meeting. "CARRIED" Resolution #C-77-64l Moved by Con. Taylor, seconded by Con. Woodyard. THAT the,letter dated April 20th, 1977 from the Durham Federation of Agriculture be acknowledged and they be asked whether they wish to continue with the system of tax levy or prefer a grant system. "CARRIED" . . . Council Minutes Mosport Park Limited re Schedule of Events Rice Lake District Guide re Advertising Ridge Pine Park Limited re Mobile Homes - 7 - May 2nd, 1977 Resolution #C-77-642 Moved by Con. Taylor, seconded by Con. Dykstra. THAT the schedule of events attached to Mosport's letter of April 14th, 1977 be referred to the Legislation and By-Laws Committee for report. Recorded Vote Councillor Allin.........Nay Councillor Dykstra.......yea Councillor Gray..........Nay Councillor Holliday......yea Councillor Taylor........yea Councillor Woodyard......N~y Mayor Rickard............yea "CARRIED" Resolution #C-77-643 Moved by Con. Allin, seconded by Con. Dykstra. THAT the letter dated April 5th, 1977 from Rice Lake District Guide regarding advertising be referred to the Finance Committee. "CARRIED" Resolution #C-77-644 Moved by Con. Dykstra, seconded by Con. Gray. THAT the Town of Newcastle request the Region of Durham to ask the Ministry of Housing to make a modification on the Official Plan to allow mobile home park use on the lands indicated as objection N-37 to the official plan and known by the Region of Durham as modification request number 17. The modification is to be asked of the Ministry of Housing by the Region immediately. Recorded Vote Councillor Allin.........yea Councillor Dykstra,......yea Councillor Gray..........yea Councillor Holliday......yea Mayor Rickard............Nay Counciloor Woodyard......yea Councillor Taylor........Nay "CARRIED" Council Minutes . . . - 8 - May 2nd, 1977 Councillor Dykstra challenged the ruling of the Chair that this was a substantive motion and that in accordance with the Rules of Procedure which at present are under consideration was not acceptable to the Chair. On being put to a vote that the ruling of the Chair be upheld the ruling was defeated in accordance with the following recorded vote: Councillor Allin.........Nay Councillor Dykstra.......Nay Councillor Gray..........Nay Councillor Holliday......Nay Councillor Taylor........yea Councillor Woodyard......Nay Mayor Rickard vacated the Chair and then on a motion moved by Councillor Woodyard and seconded by Councillor Dykstra, Councillor Taylor was appointed Acting Chairman. Resolution #C-77-645 Moved by Con. Dykstra, seconded by Con. Allin. THAT debate on the foregoing motion cease and the question be voted on. Recorded Vote Councillor Allin.........yea Councillor Dykstra.......yea Councillor Gray..........yea Councillor Holliday......yea Mayor Rickard............yea Councillor Woodyard......yea Councillor Taylor........yea "CARRIED" Resolution #C-77-646 Moved by Con. Dykstra, seconded by Con. Allin. THAT it be resolved that no mobile home be allowed to be built upon this site, until this Council has been satisfied as to the signing of agreements and public hearings be held and the Planning Staff be instructed to produce a financial impact study, and a copy of Resolution be sent to the Region. Recorded Vote Councillor Allin.........yea Councillor Dykstra.......yea Councillor Gray..........yea Councillor Holliday......yea Mayor Rickard............Nay Councillor Woodyard......yea Councillor Taylor........Nay "CARRIED" . . . Council Minutes Curfew Weimaraner Assoc. re Field Dog Tests at Kendal Atomic Energy Control Bd. News Release re E1dorado Nuclear Ltd. - 9 - May 2nd, 1977 Resolution #C-77-647 Moved by Mayor Rickard, seconded by Councillor Woodyard. THAT the foregoing Resolution be amended to provide that the Town of Newcastle request the Region of Durham to ask the Ministry of Housing not to permit mobile home building on the site. Councillor A11in........Nay Councillor Dykstra......Nay Councillor Gray.........Nay Councillor Ho11iday.....Nay Mayor Rickard...........yea Councillor Woodyard.....yea Councillor Taylor.......yea "MOTION LOST" Resolution #C-77-648 Moved by Con. Gray, seconded by Con. Holliday. THAT the hour being 10:55 the time of the meeting be extended for a further one-half hour and all action taken since 10:30 p.m. be endorsed. "CARRIED" Resolution #C-77-649 Moved by Con. Allin, seconded by Con. Gray. THAT Council concur with the request of Weimaraner Association of Canada regarding field dog tests, subject to the tests being conducted at times so not to interfere with Church Services. "CARRIED" Resolution #C-77-650 Moved by Con. Dykstra, seconded by Con. Allin. THAT the News Release dated April 27th, 1977 from the Atomic Energy Control Board regarding Port Granby be received for information and a copy sent to S.E.A.P. "CARRIED" . . . Council Minutes Tyrone Community Centre re Queen's Silver Jubilee Lycett re Estate of R. Moffat Liquor Licence Bd. of Ontario re King Garden Restaurant Bell Canada re Rates O.M.B. Hearing re Yeo - 10 - May 2nd, 1977 Resolution #C-77-65l Moved by Con. Dykstra, seconded by Con. Holliday. THAT the letter dated April 28th, 1977 from the Village of Tyrone Community Centre regarding the celebrating of the Queen's Silver Jubilee be received for information with a copy being sent to the By-Law Enforcement Officer. "CARRIED" Resolution #C-77-652 Moved by Con. Dykstra, seconded by Con. Allin. THAT the letter dated April 29th, 1977 from W. Kay Lycett regarding the Estate of Robert Moffat, be referred to the Public Works Committee. "CARRIED" Resolution #C-77-653 Moved by Mayor Rickard, seconded by Con. Holliday. THAT the letter dated April 27th, 1977 from the Liquor Licence Board of Ontario regarding Licence for King Garden Restaurant be referred to the By-Law and Legislation Committee for a report by Town Clerk. "CARRIED" Resolution #C-77-654 Moved by Con. Dykstra, seconded by Con. Gray. THAT the letter dated April 29th, 1977 from Bell Canada regarding rates be referred to the Legislation and By-Laws Committee. "CARRIED" Resolution #C-77-655 Moved by Con. Allin, seconded by Con. Holliday. THAT the Ontario Municipal Board Notice of Hearing regarding Frederick Yeo be referred to the Planning Administration Committee with power to act re representation at the hearing. "CARRIED" . . . Council Minutes Regional Works Dept. re Orono Senior Citizens Project E.R. Lovekin re Orono Senior Citizens Project Ministry of Natural Resources re Gravel Pit Licence - Baker By-Law No. 77-27 Suspension of Rule 33 By-Law No. 77-27 - 11 - May 4th, 1977 Resolution #C-77-656 Moved by Mayor Rickard, seconded by Con. Allin. THAT tho. letter dated April 12th, 1977 from the Regional Works Department regarding the Orono Senior Citizens Project be received for information and the parties involved so notified. "CARRIED" Resolution #C-77-657 Moved by Con. Dykstra, seconded by Con. Gray. THAT the letter dated April 28th, 1977 from E.R. Lovekin regarding the Orono Senior Citizens Project be received for information. "CARRIED" Resolution #C-77-658 Moved by Con. Dykstra, seconded by Con. Holliday. THAT the letter dated April 29th, 1977 from the Ministry of Natural Resources regarding gravel pit licence Baker and Sons be referred to the Planning Administration Committee. "CARRIED" Resolution #C-77-659 Moved by Con. Dykstra, seconded by Con. Gray. THAT leave be granted to introduce By-Law No. 77-27 being a by-law to amend By-Law No. 73-15 of the former Village of Newcastle, as amended, and that the said by-law be now read a first time. "CARRIED" Resolution #C-77-660 Moved by Con. Dykstra, seconded by Con. Gray. THAT Rule 33 be suspended for the duration of the meeting. "CARRIED" Resolution #C-77-66l Moved by Con. Dykstra, seconded by Con. Gray. THAT the second reading of By-Law No. 77-27 be approved as amended. "CARRIED" . Council Minutes By-Law No. 77-27 By-Law No. 77-27 . Curfew . Curfew By-Law No. 77-28 By-Law No. 77-28 - 12 - May 2nd, 1977 Resolution #C-77-662 Moved by Con. Dykstra, seconded by Mayor Rickard. THAT By-Law No. 77-27 be amended by deleting Clause 4 and substituting the following:- "TIllS By-law shall come effective from the date hereof, subject to the Town Clerk verifying all is in order. "CARRIED" Resolution #C-77-663 Moved by Con. Dykstra, seconded by Con. Gray. THAT the third and final reading of By-Law No. 77-27 be approved as amended. "CARRIED" Resolution #C-77-664 Moved by Con. HOlliday, seconded by Con. Gray. THAT the time of the meeting be extended for a further fifteen minutes (time 11:25 p.m.) "CARRIED" Resolution #C-77-665 Moved by Con. Dykstra, seconded by Con. Gray. THAT the time be extended for a further fifteen minutes (Time 11:40 p.m.). "CARRIED" Resolution #C-77-666 Moved by Con. Holliday, seconded by Con. Taylor. THAT leave be granted to introduce By-Law No. 77-28 being a by-law to amend Zoning By-Law No. 2111 of the former Township of Darlington and that the said by-law be now read a first time. "CARRIED" Resolution #C-77-667 Moved by Con. Holliday, seconded by Con. Taylor. TIlAT the second reading of By-Law No. 77-28 be approved. "CARRIED" . . . Council Minutes By-Law No. 77-28 Enniskillen Conservation Area Master Plan Kirby School Curfew Kirby School Waverley Cormnunity Association re Fireworks Display - 13 - May 2nd, 1977 Resolution #C-77-668 Moved by Con. Holliday, seconded by Con. Taylor. THAT the third and final reading of By-Law No. 77-28 be approved. "CARRIED" Resolution #C-77-669 Moved by Con. Dykstra, seconded by Con. Holliday. THAT the matter of the Enniskillen Conservation Area Master Plan be referred to the next meeting. "CARRIED" Resolution #C-77-670 Moved by Con. Allin, seconded by Con. Holliday. THAT the sum of $5,000 be offered to the Board of Education for the Kirby School. "MOTION LOST" Resolution #C-77-671 Moved by Con. Dykstra, seconded by Con. Holliday. THAT the time of the meeting be extended for one half hour. (Time 11:55 p.m.). "CARRIED" Resolution #C-77-672 Moved by Mayor Rickard, seconded by Con. Dykstra. THAT Council make an Offer to Purchase Kirby School and site for municipal purposes and the price be discussed in camera. "CARRIED" Resolution #C-77-673 Moved by Con. Dykstra, seconded by Con. Gray. THAT permission be granted for the Waverley Community Association fireworks display on 21st of May, 1977 or May 23rd. 1977, subject to the Town Clerk and Fire Chief checking out necessary requirements. "CARRIED'; . Council Minutes Village of Newcastle Arena Demolition Involvement in Municipal Administration '. Camera . Adjournment - 14 - May 2nd, 1977 Resolution #C-77-674 Moved by Mayor Rickard, seconded by Con. Gray. THAT representative of Clerk's Department and Councillor Gray attend meeting at Newcastle on Thursday, May 5th, 1977 to open tenders and that these tenders be approved by Town Staff, Totten, Sims & Hubicki and the Newcastle Arena Funding Committee to report to the Finance Committee on May 9th, 1977. "CARRIED" Resolution #C-77-675 Moved by Con. Holliday, seconded by Con. Gray. THAT a second student be hired for the Planning Department under the Involvement In Municipal Administration Program. "CARRIED" Resolution #C-77-676 Moved by Con. Holliday, seconded by Con. Gray. THAT the meeting go into Camera to discuss a property matter. "CARRIED" Resolution #C-77-677 Moved by Con. Dykstra, seconded by Con. Allin. THAT the meeting be open. "CARRIED" Resolution #C-77-678 Moved by Con. Dykstra, seconded by Con. Allin. THAT the meeting be adjourned at 12:55 a.m. "CARRIED" / L G.B. RiCkar<i-~ a2..-< .~ Mayor J .M. McIlroy Cler . ~v0~ __> ~/