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HomeMy WebLinkAbout12/01/1975 . . . Council Ninutes Roll Call The Late Car 1 Down Lord's Prayer Council Ninutes Comrmmity Services Committee Report Public Works Report Committee of the Whole Report TOWN OF NEWCASTLE December 1st, 1975 Hinutes of a regular meetine Dowmanvi11e Council Chambers 1975 at 7:00 p.m. of Council held in the on Monday, December 1 st, Present were: Mayor Councillor Garnet B. Rickard Donald W. Allin Mrs. Ann Cowman - at 9:45 p.m. Kirk En~lis1e Ivan M. Hobbs Kenneth E. Lyall - at 7:05 p.m. H. Bruce Tink Hayor Rickard called the meeting to order and called for a one minute of silence in memorary of the Late Carl Do,m, the former Reeve of the Township of Darlington, who passed away on November 30th, 1975. This was followed by the saying of the Lord's Prayer. Resolution #C-75-1346 Moved by Con. Allin, seconded by Con. Hobbs. TllAT the Council Minutes dated November 17th, 1975 be approved as read. "CARRIED" Resolution #C-75-1347 Moved by Con. Allin, seconded by Con. Hobbs. THAT the Community Services Committee Chairman's Report of meeting held on November 17th, 1975 be adopted. "CARRIED" Resolution #C-75-1348 110ved by Con. Hobbs, seconded by Con. Allin. THAT the Public Works Committee Chairman's Report of meeting held on November 20th, 1975 be adopted. "CARRIED" Resolution #c-75-1349 110ved by Con. Lyall, seconded by Con. Hobbs. THAT the Committee of the Whole Chairman's Roport of meeting held on November 24th, 1975 be adopted as amended. "CARRIED" . . . Council Minutes Finance Committee Report Minister of Housing Municipal Agreement (Dowtown Court) Deputy Building Inspector's Annual Vacation Personnel Committee Chairman's Report re Parking Enforcement Officer Town Clerk's Report re Amendments to Zoning By-Laws - 2 - December 1st, 1975 Resolution 1e-75-l350 110ved by Con. Entwisle, seconded by Con. Lyall. THAT Item 4 of the foregoing Report be stricken. "CARRIED" Resolution 1e-75-l35l Moved by Con. Tink, seconded by Con. Hobbs. THAT the Finance Committee Chairman's Report of meeting held on November 24th, 1975, be adopted. "CARRIED" Resolution #C-75-l352 Moved by Con. EntWisle, seconded by Con. Hobbs. THAT the Town Planner's Report regarding Minister of Housing Municipal Agreement (Dowtown Court) be concurred with and the Agreement signed with the Minister of Housing. "CARRIED" Resolution #C-75-l353 }bved by Con. Hobbs, seconded by Con. Allin. THAT the Deputy Building Inspector's request dated November 24th, 1975 regarding annual vacation be approved. "CARRIED" Resolution #C-75-l354 Moved by Con. Hobbs, seconded by Con. Allin. THAT the Personnel Committee Chairman's Confidential Report of meeting held on November 27th, 1975 be adopted and the hiring of Mrs. Ovenden as part time Parking Enforcement Officer be confirmec. "CARRIED" Resolution #C-75-l354(a) Hoved by Con. Allin, seconded by Con. Hobbs. THAT the Town Cl<>rk' s Report regarding applications for encndments to Zoning By-laws be received for inform_tion. "CARRIED" . . . Council Minutes Town Clerk's Report re Delta Faucet of Canada Ltd. Planning Advioory Committee Chairman'" Report /~<"~ - 3 - December 1st, 1975 Resolution #e-75-l355 I'loved by Con. Hobbs, seconded by Con. Allin. THAT the Toun Clerk I s Confidential Report regarding sale of land to Delta Faucet of Canada Limited be approved. Recorded Vote Councillor Allinoo..........oyca Councillor Entwisle.o.o..ooo.Yca Councillor Rbbbs....ooo......ycn Councillor Lyall..........oooyea Councillor Tink~.....o...ooo.yea Nayor Rickard.,. 10... ... O~. 0.000 Yea Councillor Co.nnan absent. ~olution #C-75-l356 "CARRIED" lloved by Con. Entwisle, seconded by Con. Hobbs. THAT the Planning Advisory Committee Chairman's Report of meeting held on November 24th, 1975 be adopted as amended. "CARRIED" Resolution #C-75-l357 110ved by Con. Eobbs, seconded by Con. Entwisle. THAT the Director of Public Works Report dated December 1st, 1975 "ith regard to Item I of the foregoing Report be added to the foregoing Report as Item l(a) as follows:- "Attached you ~lill find a memo prepared by John Ferguson Hhich I have gone over with him. I have Gome concern in regardz to the proposed agreement which is pointed out as per the attached memo. Also, I Hould point out that prior to this memo, these itcms were discussed with the Planner, yet I fail to see any changes in~he agreement, therefore, I assume they ,,,ere not considered. My question is uhy? I ,rould recommend this agreement be tabled until these items are considered by Council, and input by the Public Utilities Conmission ete.1I Recorded Vote Councillor Al1ino.~....o.oo...yea Councillor Entwisle...........yea Councillor r~bbso..o.oo.ooo..oyea Councillor Lyal1....ooo.oo..ooNay Councillor Tink.oo.......~...oyca Mayor Rickard.................yca .. "CARRIED" Councillor Cowman absent . . . Council Hinutes Hr. S. Preston re Applications to Amendment Official Plan & Zoning By-1m! Long Saul t Ridge Runners Snowmobile Club Orono Fair re Donation Durham Senior CitizeM Apartments Bowmanvi11e Jaycees - 4 - December 1st, 1975 Mr. S. Preston appe~red before Council regarding his application for ""endment to the Official Plan and ZoninG By-1m!. Resolution #C-75-135S lloved by Con. Hobbs, seconded by Con. Lyall. THAT Hr. Preston be advised to make an appointment >lith Hr.. Howden to 2.osist hi:n to procesG his applications. "CARRIED" Hr. Torn Hoar of the LonS Sault Ridge Runners SnmmlObi1e Club addres~ed Council with regard to Resolution #W-471-75 of the Public Works Committee minutes of November 20th, 1975. Hr. Lovekin addressed Council regarding a donation to the Orono Fair for 1975 and requested that the matter be referred to the Finance Co:-JIai ttee" He also inquired as to the status of the land for the Durha~ Senior Citizens Aparo3ents. Resolution #C-75-1359 lloved by Con. Ent>li31e, seconded by Con. Hobbs. THAT Hr. lkNee1y be requested to report on the status of Station Street, Orono. "CARRIED" Resolution #C-75-1360 Hoved by Con. Ent\lis1e, secondec1 by Con. Hobbs. TliAT the Durha~ Senior Ci~izcns Lodge be cncouraEcd to proceed as Goon as possible with their application for Official Plan and Zoning By-law amendments. "CARRIED" Mr. James Robinson of the Bo>nnanvi11e Jaycees addressed Council regarding pnrticipation in promotion pro[;ram of place mats, etc. Resolution #e-75-1361 Moved by Con. Entwisle, seconded by Con. Tink. THAT this @uttcr be referred to the Finance Committeca "CARRIED" . . . Council Minutes Hr. Leslie C. Helsh re Application to Land Division Committee Recess Disposition of Correspondence - 5 - December 1st, 1975 ~tr. Helsh addressed Council with re3ard to a letter fron P~nald E. Horboy, Solicitor, about a condition imposed by the Land Division Connittee relative to Mr. Helsh1s application to sever part of 111:8 land. Resolution #C-75-1362 I-loved by Con. Ent>lisle, seconded by Con. Allin. THAT this matter be referred to the l1ayor and Clerk VIi th the pOl'ler to act.. "CARRIED" Resolution #C-75-l363 ~bved by Con. Entwisle, seconded by Con. Allin. T}~T there be a ten ninute recess. "CARRIED" Resolution #C-75-1364 110ved by Con. lIobbs, seconded by Con. Tin1e. THAT the disposition or correspondence by the Town Clerk be concurred v'litho "CARRIED" 5. Ontario Municipal Board dated November 17th, 1975 regarding Order approving the construction of watermains in the former To,rn of Bo"llIlanville on Regional Road f;lL:- and the borro,"ling of ,i.10ney therefor, and the issuance of the necessary debenturco, be received for information.. 6. The Regional l1unicipality of Durham - Department of Planning and Development dated November 14th, 1975 regardin3 Re3ional Official Plan - Stage 3, be received for information. 7. Ontario 11unicipal Board dated Hovember 7th, 1975 regarding decioion of an appeal by the Region of Durham from a decision of the Land Division Committee (Tom & Gail Wilcock), be received 20r infor@ation.. 8. Ontario Municipal Board dated November 19th, 1975 regarding Order approving the purchase of property and modification or a building for use as a fire hall, be received for information.. 9. The Regional llunicipality of Durham - Clerk's Department dated November 10th, 1975 regarding Application for amen~~ent to the Official Plan Schickedanz Developments Ltd. O.P.A. #72, be referred to the Planning Advisory Committeco . . . Council Ninutes Regional Clerk re Municipal Land Assembly Orono Landfill Site Selldrlc Holdings Liroited re vlilmot Creek Ne>1castle Social Planning Council re Proposed S~1imming Poo 1 - 0 - Dcc:e;J'ocr 1st, 1975 11.. ?hc RC3ional Uunicip.:llity of Durha.l1 - Clerk'& Department regardinG Application for Aroendment to the Official Plan O.P.A. #74 - Schickedanz Developments Ltd., be referred to the Plannins Advisory Committee. 12. The Regional Iiunicipality of Durhorn - Department of Planning and Development dated Nove;nber 17th, 1975 reGarding By-Lal< No. 75-~., be received for inforroation. It,. The Regional Hunicipnlity of Durham - Clerk's Dept. dated November 7th, 1975 regardinG Notice of road closing in the larDer Township of Clerke, be received for inrorl.1Elt ion. Resolution #c-75-l365 }~ved by Con. Allin, seCOnded by Con. ERt~lole. TJU,T the letter dated November 18th, 1975 froro the Regional Clerk regardinG ijl1nicipal Land Assembly be received for infon"ation and referred to 1976 Budget discussions. "CARRIED" Resolution #C-75-l366 l~ved by Con. Ent>1isle, seconded by Con. Allin. THAT the IGtter dated November 18th, 1975 from the Regional Clerk reGardins the Orono Landfill Site be referred to Public VlorIcs Committee to report as to "That worl~ is required to restore site to requirements and cost thereof~ "CAJ.1.RIED" Resolution #C-75-l367 Iroved by Con. Entl<isle, seconded by Con. Allin. THAT the letter dated November 10th, 1975 from Selkirk Holdings Limited l<ith renard to gravel pit, etc., in the vicinity of the Wilmot Creek be referred to the Public Works Co"woittee. "CARRIED" Resolution #C-75-136G Ibvec by Con. Hobbs, seconded by Con. Allin. THAT the letter dated November 24th from the Nel<castle Social Planning Council reGarding public meetinG for proposed sl<imming pool be received for information. "CARRIED" . . . Council Minutes Hr. Alex l\,ndry re Resignation from Newcastle Arena Management Committee Ontario Hydro re Wesleyville Generating Station Mr.W.J. Storks re Resignation from Hosp i tal Board City of Oshawa By-Law No. ll}7-75 Mil ani & Milani re Use of Land for Park in Waver ley Road Subdivision - 7 - December 1st, 1975 Resolution #C-75-l369 Moved Ly Con. Entwisle, seconded by Con. Tink. THAT the letter dated November 19th, 1975 from Hr. Alex Hendry concerning his inability to serve on the Newcastle Arena Manaaement Committee be referred to the special committee and his resignation be accepted and a letter of thanks sent for his services to the municipality", "CARRIED" Resolution #C-75-l370 l10ved by Con. Hobbs, seconded by Con. Allin. THAT the letter dated November 17th, 1975 from Ontario Hydro regarding Wesleyville Generating Station together "\'1ith theaccompanyinp, naterial be received for inforLlat1on. "CARRIED" Resolution #C-75-l371 l10ved by Con. Hobbs, seconded by Con. Allin. THllT the letter dated November 20th, 1975 from Hr. W.J. Storks rcga.rdins his resignation fron the Hoopital Board be accepted with regret and a letter of thanks sent to Nro Storks.. "CARRIED" Resolution #C-75-l372 Moved by Con. Tink, seconded by Con. Allin. THAT the Ontario Municipal Board Notice regar<Jj, ng By-La.., Number 147-75 of the City of Osha..,a be received for information", "CARRIED" Resolution #C-75-1373 Ibved by Con. Entwisle, seconded by Con. Lyall. THAT Mr. Milani be thanked for his generous offer to permit the use of his land for park purposes as contained in his letter of November 26th, 1975 and the letter referred to the Community Services Committee with the request to advise Council as to the suitability of the ground for use as a park and ..,hat would be the cost for such preparation. "CARRIED" . . . Council Minutes Land Division Committee Application re Jackson LD 334/75 By-Law No. 75-90 Rule 33 Suspension By-Law No. 75-90 By-Law No. 75~93 - 8 - December 1st, 1975 11r. Ken Martin, President of the Waverly Ratepayers Association advised that the location of the park is Guitable as far as the Ratepayers llere concerned. Resolution #C-75-1374 Hoved by Con. Lyall. seconded by Con. Entwisle. THAT Council oppose the Decision of the Land Division Committee No. LD 334/75 (Jackson) Lot 30, Concession 5, Darlington, on the r,rounds as put fo",.ard in the Planning Director's conments to the Land Division Committee. Recorded Vote Councillor Allin............oNay Councillor COwman....o.......yea Councillor Entwislc..........Yea Councillor Hobbs........oo...yea Councillor Lyal1...Qs........Yea Councillor Tink..............Nay Mayor Rickard................yea "CARRIED" Resolution #C-75-1375 110ved by Con. Hobbs, seconded by Con. Allin. TliAT the second reading of By-Law No. 75-90, be approved. "CARRIED" Resolution #C-75-1376 lbved by Con. Entwisle, seconded by Con. Allin. THAT Rule 33 be suspended for the duration of the meeting. "CARRIED" Resolution #C-75-1377 Ibved by Con. Hobbs, seconded by Con. Allin. THAT the third and final reading of By-Law No. 75-90 be approved. "CARRIED" Resolution #C-75-1378 1IDved by Con. Entwisle, seconded by Con. Allin. THAT leave be granted to introduce By-Law No. 75-93, being n by-law to amend Zoning By-Law Number 2111 of the former To>mship of Darlington, and that the said by-law be no11 read a first time. "CARRIED" . . . Council Minutes By-Law No. 75-93 By_La~l No. 75-93 By.Law No. 75.94 By_Law No. 75-94 By_Law No. 75-94 By-Law No. 75-95 - 9 - December 1st, 1975 Resolution #C-75-1379 Moved by Con. Entwisle, seconded by Con. Allin. THAT the second readin~ of By-Law No. 75-93, be approved. "CARRIED" Resolution #C-75-l380 110ved by Con. En~lisle, seconded by Con. Allin. THAT the third and final reading of By-Law No. 75-93, be approved. "CARRIED" Resolution #C-75-1381 Moved by Con. Hobbs, seconded by Con. Allin. THAT leave be granted to introduce By-Law No. 75_94 being a by-law to stop up and close and authorize the conveyance of parts of the original road &llowance between Concessions A and B across Lots G, 7 and 8 of the Geographic Township of Clarke, and that the said by-law be now read a first time. "CARRIED" Resolution #C-75-1382 Moved by Con. rbbbs, seconded by Con. Allin. THAT the second readin~ of By-Law No. 75-94, be approved. "CARRIED" Resolution #C-75-1383 110ved by Con. Ibbbs, seconded by Con. Allin. THAT the third and final readinc; of By-Law No. 75-94. be approved. "CARRIED" Resolution #c..75-1384 Moved by Con. Hobbs, seconded by Con. Allin. THAT leave be granted to introduce By-Law No. 75-95, being a by-law to authorize the construction of a road between Concessions 8 and 9, Lot 24, former Clarke Tmmship from Highway 115/35 to 1150 feet, l:JOre or less, westerly, and that the said by-1m! be now read a first tine. "CARRIED" . . . Council Minutes By-Law No. 75-95 By_Law No. 75_96 By-Law No. 75-96 By- Law No. 75-96 By-Law No. 75-91 By-Law No. 75-91 - 10 - December 1st, 1975 Resolution #C-75-l385 }bved by Con. lbbbs, seconded uy Con. Allin. THAT the second readins of By-Law No. 75-95, be approved. "CARRIED" Resolution #C-75-l386 }bved by Con. Entwisle, seconded by Con. Allin. TJiAT leave be granted to introduce By-Law No. 75-96 beinc a by-law to authorise the entering into an Agreement with the 11iniatry of lbusing with regard to Clarion InvesG~ents Incorporated, and that the aaid by-law be now read a first time. "CARRIED" Resolution #C-75-1387 )'bved by Con. Entwisle, seconded by Con. Allin. THAT the second readin" of By-La" No. 75-96, be approved. "CARRIED" Reaolution #C-75-l388 }~ved by Con. Enulisle, seconded by Con. Allin. THAT the third and final readin" of By-Law No. 75-96 be approved. "CARRIED" Resolution #C-75-1389 110ved by Con. Allin, seconded by Con. Hobbs. T&\T the second readin3 of By-Law 110. 75-91, be approved. "CARRIED" Reaolution #C-75-1390 Moved by Con. Allin, aeconded by Con. Hobbs. THAT the third and final reading of By-Law No. 75-91 be approved. "CARRIED" . . . Council Minutes By-Law No. 75- 7lf Maurice Pedwell re Proposed Development Planning Director's Conference December 8 & 9, 1975 Nmocast1e LoCOlIB",Oo Store Schwartz Bros. & Hils,oar - 11 - December 1st, 1975 Resolution #C-75-l39l Hoved by Con. Hobbs, seconded by Con. Tink. TIY,T tlle third and final reading of By-Law No. 75-74 be approved. (Newcastle Fire Hell). "CARRIED" ~lution #C-75-1392 r~ved by Con.. Entwisle, seconded by Con. AllinG TIU,T Resolution #C-75-13l6 be lifted from the table. "MOT ION LOST" Resolution #C-75-l393 Moved by Con. Ent"lis1e, seconded by Con. Lyall. TIU,T ~tr. Pernlell be advised that staff is available in any way possible to assist him "ith his application for amendment to the Official Plan and Zoning By-law. "CARRIED" Resolution #C-75-l394 Hoved by Con. Co>rman, seconded by Con. Allin. THAT Hr. Hm-luen 1 s request to attend Planning Director's Conference sponsored by the Hinistry of Housing at the Park Plaza Hotel on Dec6Jber 3th and 9th, 1975 be approved. "CA.c'illIED" Resolution #C-75-l395 Moved by Con. Ent"isle, seconded by Con. Allin. TIU;T the Liquor Control Boar1 be advised that Council has no objection to the store in the former Village of Ne'\vcaotle remaining open Gix days per week.. "CARRIED" Resolution #C-75-l396 "roved by Con. Entwisle, seconded by Con. Allin. THAT our solicitor and the Director of Works report the status of the Wilswar versus Schwartz Eros dispute to the next meeting of the Com;l1ittee of the vlhole. "CARRIED" Council Minutes . Planning Advisory Committee Meeting December Issuance of Debentures . Adjournment ~ ... 12 ... Resolution #C-75-1397 December 1, 1975 Ibved by Con. Entwisle, seconded by Con. Allin. THAT there be no meeting of the Planning Advisory Cornraittee in December and that this be advertised in the local papers. Resolution #C-75-1398 "CARRIED" Moved by Con. Entwisle, seconded by Con. Tiru<. THAT the Council of the Corporation of the TO'Tn of Newcastle pursuant to the provisions of The Regional Municipality of Durham Act, 1973, hereby requests the Council of the Regional Municipality of Durham to issue Debentures of the Regional Corporation in the following respective principal amounts and repayable within the following respective terms of years, namely: Construction By-Law Number Purpose 75-l,3 Construction of Tyrone Community Hall 75-74 Purchase and l.bdif ication of Property for a Fire Hall Resolution #C-75-1399 Principal lunount of Debentures Term of Years $70,000 20 $120,000 10 "CARRIED" lbved by Con. Entwisle, seconded by Con. Ticl<. TI~ the meeting be adjourned at 10:45 p.m. G. B. Rickar llayor J .ll. I1cIlro Cleric "CARRIED" :7 ..--( L c. '- ~ ~ ----- - J Resolution #C_75-l357 . MEMORANDUM TO: FROM: SUBJECT: HAYOR G. B. RICKARD and Members of Council DATE: J. Dunham, 'Director of Public Works Department Proposed Subdivision Agreement December 1, 1975 Attached you will find a memo prepared by JoPn Ferguson which I have gone over with him. i' I haveso~e concern in regards to the pro- posed agreement which is pointed out as per the attached memo. . Also, I would point out that prior to this memo, these items were discussed with the Planner, yet I fair to see any changes in the agreement, therefore, I assume they were not considered. My question is why? I would recommend this agreement be tabled until these items are considered by Council, and input by the Public Utilities Commission etc. ( I !2?:u/.<L.~,z , J. Dunham, Director. .' ~"",. l M&MORANDUM . TO: FROM I SUBJECT: DATE I J. Dunham, Director of Public Works Department J. Ferguson, C.E.T., Engineering Department Proposed Subdivision Agreement November 28, 197J . Further to our discussion regarding the proposed subdivision agreement. I have now prepared a report to yourself involving corrections which I feel are necessary to complete the subdivision. They are as followsl (1) On the front page I feel that the Public Util- ities Commission should be considered as a fourth part of the Agreement. This will include Bowman- ville, Newc~stle, and Orono. This will allow the Commissions to carry out their operations in re- gards to the electrial systems according to the Agreement. Since I feel that I do not or would not want any responsibility for this service the Cgmmissions should handle this part of the Agree- ment. I (2) Item #3. The Owner should provide the Munici- pality and the Commissions with as many copies of the certified copy of the registered plan as may be required. (3) Item #7.- Lot Levies- I feel that this requires more clarification. Instead of the Lot Levies be- ingpaid in a lump sum for the whole of the subdi- vision, it should state that the lot levies are required for the lots as per the staging plan. (4) Item #8 - The owner should execute and deliver to the Municipality and the Utilitt Commission any easements as required. (J) Item 19 - The owner should dedicate land to . the Municipality and the Utility Commissions as required (eg. Transformer Station Site). (6) Item #14 - The owner shall be responsible for all costs as requIred for the Utilities. . .-'" /.. ~/ .. :t ",~,.~,,/ (continued).... . . . . 2 ,.... . (7) Item #27 - The Utilities Commission should also be given the right to approve which con- tractors they want to complete the required ser- vices. (9) Item #38 - The roads must meet the approval of the Town Engineer and have at least the gran- ular base completed. . (10) Item #41 - I feel that very difficult to enforce. f(l)llo....s I "The owner agrees to deposit wi th 'the Town the sum of ilOOO for each dwell- ing unit upon issuance of a building permit for the said unit which will be forfeited in the event that occu- pancy occurs prior to the completion of service and roadways aforesaid. The Tqwn agrees to return the deposits forthwith for each dwelling unit to the Developer at such time as the unit is ready for occupancy in accordance wi th thi s clausell. this section will be It should read as (11) Item #47 - The underground systems should be maintained for two years and the above ground sys- tems should be maintained for 1 year. { , I (12) Item #,2 - This section should be completely revised because the way that I read this section is that once the }funicipality has assumed all of the services in the subdivision then the Munici- pality will be required to pay the Developer for any oversizing which is not covered by the lot levies. Therefore, the Town would be required to berrew money from banks to pay for the extra over- Sizing. The Town would get this money back plus costs but this may take a number of years. This section should be completely revised. Sched~e tFt - The owners shou.ld deed to the Muni- cipality any lands which are required by the Util- ity Commissions. Schedule 'Gt ~ If in this section we are going to include all of the works required then we should also be adding -.paving of driveway approaches - fencing adjacent to residential properties - reconstruction of eXisting roads . //"e' ..'/C......<" If . ,~...' (continued)..... . . . . 3 . . Schedule 'H' - In this section, all of the utility companies have been mentioned except Cable T.V. These people should be included in the agreement. Also I feel that Totten, Sims, Hubicki and Proctor and Redfern should be asked to give comments on this proposal. I feel that they may have some very strong objections to parts of the proposed agreement. Also, since Orono P,U,C't Newcastle P.U.C. and Uow- ~nv~lle P.U.C. will be forming a part of this ag- reement~ they should also be sent copies for comm- ents. ~o date they were not advised except Bowman_ ville which I sent a copy to. r think that these people should be asked for comm- ents before the solicitor has final say in regards to the legalities of the agreement. Hoping that ~his answers some .r the questions. . Q<6/--- AT~~ /;. Ferguson~ ( . .-".