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HomeMy WebLinkAbout11/14/1983 Council Mi nutes . Ro 11 Ca 11 : . Minutes Public Meeting Re: Road Closing Delegations . TOWN OF NEWCASTLE November 14, 1983 Minutes of a regular meeting of Council held on Monday, November 14, 1983, at 9:30 a.m. in Court Room #2. The Mayor called the meeting to order and led in prayer. Present were: Mayor G.B. Rickard Councillor Ann Cowman Councillor Diane Hamre Councillor Ivan M. Hobbs Councillor Marie Hubbard -Absent from 2:00 p.m. to 4:05 p.m. re: Library Heating Councillor R. Bruce Taylor Councillor E.R. Woodyard Also Present: Chief Administrative Officer, David Johnston Town Clerk, D.W. Oakes Deputy Clerk, Gertrude Gray Treasurer, Kathryn Campbell Director of Planning, T.T. Edwards Director of Public Works, Ron Dupuis Director of Community Services, T.A. Fanning Resolution #C-805-83 Moved by Councillor Hobbs, seconded by Councillor Hubbard THAT the minutes of the on Monday, October 24, #2 be approved as read. regular meeting of Council held 1983 at 9:30 a.m. in Court Room "CARRIED" The meeting had been advertised as a Public Meeting to permit any person to speak to by-law 83-153 (being a by-law to stop-up and close and to authorize the sale of all of unopened Clarke Street, between Blocks "I" and "N", C.G. Hanning's Plan of Part of Lot 28, Broken Front Concession of the former Village of Newcastle, now in the Town of Newcastle). No person spoke to this Road Closing. Mrs. Beaucage was not present at this time. Council Mi nutes Road Cl os i ng . Irwin iBi 1 ton . Mr. Tom Hoar Mrs. Marilyn Ransberry . - 2 - November 14, 1983 Mr. Irwin Hamilton, solicitor for the Long Sault Ridgerunners Snowmobile Club spoke to Council in objection to the proposed road closing. He reiterated the history of the road allowance which was laid out in 1840 and had been used as a public road since that time. It has been used by the Snowmobile Club since 1974 as part of its trail. At one time the Ministry of Natural Resources counted 12,000 vehicles using the trail in a four months' period. He said that one person is asking for the road closing. Two Town administrators have recommended, and the General Purpose and Administration Committee is recommending to Council that the Road allowance not be closed. He said that the reasons in favour of the closing are sparse. brought this matter forward to this point. If the reason for is trespass, there are remedies for prosecuting trespassers. some trespassing in the case of most road allowances. The reasons against the road closing are many. The use of plowed roads for snowmobile trails is dangerous. The Municipality has guaranteed access to the proposed underpass on 35/115 highway. How will they do this if the road is closed? The Ministry of Transportation and Communications has advised that if the road is closed, they will investigate the desira- bility of the underpass. It has been Town policy, if there are objections, not to close a road allowance. Why would the Municipality jeopardize the construction of the underpass which will serve to connect neighbours on either side of 35/115 highway. One party the closing There is He asked how the proposed road closing has proceeded this far when there has been so much objection. He asked Council not to pass the by-law, in the interest of safety and to preserve the heritage. Resolution #C-806-83 Moved by Councillor Hobbs, seconded by Councillor Hubbard THAT anyone wishing to speak to this matter, be heard. "CARRIED" Mr. Tom Hoar, Vice-President of the Long Sault Ridge Runners Snowmobile Club said that the Club had been opposing the road closing since December of 1974. Their position has not changed. He represents the Central Ontario Region Snowmobile Association and the Ontario Federation of Snowmobile Clubs. The Club's reason for opposing the closing is primarily the negative aspect of using plowed roads. He has been on the trail weekly and has seen very little evidence of trespass. Alternate routes would take the vehicles even closer to the breeding stables. He asked that both parties be given a definite answer today, after considering the delegations for and against. Mrs. Marilyn Ransberry, a resident of the area of the proposed underpass said that they had vehicles coming within 200 feet of their front door and they had no problems. If there were no groomed trails, trespassing would increase. The road closing would jeopardize the proposed underpass which is necessary to preserve the neighborhood and for reasons of safety. Council Minutes Mrs. Cindy .ome Mr. Alden Hoar Mr. Harold (Mac) Ransberry Mr. MichaEll Mei ghen . . - 3 - November 14, 1983 Mrs. Cindy Broome, a resident of the be closed for one family and did not jeopardized. area stated that the road should not want the construction of the underpass Mr. Alden Hoar objected to the Road Closing. He is a member of the Snowmobile Club. He said the Municipality has a good track record in providing for recreationa1ists. He is now retired and can participate in snowmobiling. He said Council is elected by the Majority of ratepayers and should represent the wishes of the majority. Mr. Harold (Mac) Ransberry spoke on behalf of the residents of the Town of Newcastle in general. From his contact with residents it was the concensus of opinion that unopened road allowances should be kept for future use. He urged Council to give more consideration to this matter and come up with a policy which would avoid the long drawn-out process involved in this particular proposal. Mr. Michael Meighen Solicitor for Mrs. Beaucage spoke re Road Closing. He presented correspondence supporting the road closing from Ontario Horse Trails Association, Donald J. Cochrane, Gerry Gerrits and Mrs. Beaucage to J. Dunham. He presented the following comments: 1. Proposal to close road would not prevent access to the other side of highway 35/115 through proposed underpass and would not jeopardize the construction of the underpass. Access could be by an alternate route. 2. Concession Road 10 - the crossing is safer than at Best Road. West of Best Road is not plowed. There is traffic proceeding West and East on Concession 10 and most traffic would turn to the north. Council Mi nutes . Mr. W. Parnell Mr. Ted Aldridge . Lloyd Stephenson . - 4 - November 14, 1983 3. It is not the obli9ation of Council to provide an unbroken trail for the snowmobilers and it is not within their power as the trail crosses private property and any owner could deny access. 4. Best Road is not plowed in the winter past Knapp residence. There is no traffic going south and unplowed road is better for snowmobilers. The present route indicates travel by snowmobiles on some open roads. They are forced to use travelled roads at some points. In support of the road closing he noted - 1. -reduced incidents of trespass 2. -Permit abutting land owner to develop the area to the west as an equestrian centre 3. -there is no suggestion that the road allowance will serve a need in the future Mr. W. Parnell and Mr. Ted Aldridge of the Regional Assessment Office were present to present the report on the Impact of the Re-evaluation of assessment in the Town, as a result of a resolution of Council of January 25, 1983 asking for the study. Resolution #C-807-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT Council go into Committee of the Whole and extend time for delegations to hear Mr. Parnell and Mr. Aldridge. Resolution #C-808-83 Moved by Councillor Cowman, seconded by Councillor Hobbs THAT the previous resolution be tabled until after the Council has dealt with Report #1. "CARRIED" Resolution #C-809-83 Moved by Councillor Taylor, seconded by Councillor Hamre THAT Mr. L. Stephenson be heard at this time. "CARRIED" Lloyd Stephenson addressed Council relative to an exemption to cemetery by-law to allow a stone to be placed in Bond Head Cemetery which is 2" too wide on each side of the base. Council Minutes . Communications for Information 1-3 . 1-4 1-5 1-6 1-7 1-9 - 5 - November 14, 1983 Resolution #C-810-83 Moved by Councillor Woodyard, seconded by Councillor Cowman THAT there be a ten minute recess. "CARRI ED" Resolution #C-811-83 Moved by Councillor Hubbard, seconded by Councillor Taylor THAT the communications to be received for information be approved except for 1-8. "CARRIED" 1-1 Ministry of Natural Resources re Audited Financial Statements for the Darlington Forest for the fiscal year April 1 1982 to March 31, 1983; 1-2 Ministry of Tourism and Recreation re Baseline Community Centre Winter Recreation, sports and Fitness Capital; Handi Transit Incorporated re Financial Statements for the month ending September 30, 1983; Ganaraska Region Conservation Authority re Minutes of Meetings of September 14 and September 29, 1983; Local Architectural Conservation Advisory Committee re Minutes of a meeting of September 22, 1983; Central Lake Ontario Conservation Authority re Minutes of a meeting of October 18, 1983; Recycling Council of Ontario re Annual Conference, Saturday, November 19, 1983; C.W. Lundy, A.M.C.T., Regional Clerk, Regional Municipality of Durham re Brief to the Floor Plain Review Committee. Resolution #C-812-83 Moved by Councillor Hubbard, seconded by Councillor Taylor THAT the correspondence forwarded to the Kawartha Conservation Authority re aquatic weed harvesting be received. "CARRIED AS AMENDED" Aquatic rlarvesting , Council Minutes . LACAC . Mr. Farncomb Le Gresley Resolution of City of Stratford . - 6- November 14, 1983 Resolution #C-813-83 Moved by Councillor Hamre, seconded by Councillor Woodyard THAT the previous resolution be amended and Council endorse the resolution of the Nickel DistrictConservation Authority re aquatic weed harvestin9. "CARRIED" Resolution #C-814-83 Moved by Councillor Hubbard, seconded by Councillor Taylor THAT the communication from Gail Berry, chairperson, LACAC, dated October 18th, 1983 requesting that Council appoint Fred Koning, Joe McIlroy and Betty Preston to the Committee be received; AND THAT the appointment of Fred Koning, Joe McIlroy and Betty Preston to the Town of Newcastle Local Architectural Conservation Advisory Committee be confirmed; AND FURTHER THAT Gail Berry, Chairperson, LACAC, be so advised. "CARRIED" Resolution #C-815-83 Moved by Councillor Hobbs, seconded by Councillor Cowman THAT the correspondence from Mr. Farncomb Le Gresley, dated October 19, 1983 re problems in the road system be referred to the D!i:rector of Pub 1 i c Works for a reply, wi th a copy to members of Council. "CARRIED" Resolution #C-816-83 Moved by Councillor Taylor, seconded by Councillor Hamre THAT the Resolution of the City of Stratford re developing new approaches to education re local government be endorsed and the following be advised: Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Education, the Association of Municipalities of Ontario (A.M.O.), the Organization of Small Urban Municipalities (O.S.U.M.l, Mr. Sam Cureatz, M.P.P., the Clerk-Administrator of the City of Stratford. "CARRIED" Council Minutes - 7 - November 14, 1983 Resolution #C-817-83 411tario Good Moved by Councillor Hobbs, seconded by Councillor Woodyard Roads Association THAT the communication from B.J. McCaffery, Secretary-Treasurer, Ontario Good Roads Association, dated October 19, 1983 with respect to special road problems, resolutions and the recognition of long service employees be received for information. "CARRIED" Resolution #C-818-83 Association of Ki nsmen Cl ubs Moved by Councillor Taylor, seconded by Councillor Woodyard THAT correspondence from Association of Kinsmen Clubs be received and Council support Kinsmen Clubs by purchasin9 1/3 page in KIN Magazine; AND FURTHER that the Mayor be authorized to prepare and forward the message; AND the cost be charged to the Clerk's advertising account. "CARRI ED" . Resolution #C-819-83 Human Rights Week Activities Moved by Councillor Hubbard, seconded by Councillor Hamre THAT the communication from Colm C. Caffrey, Supervisor, Toronto Region East, Human Rights Commission dated October 31st, 1983 be received; AND THAT the correspondence be referred to the Chief Administrative Officer and that he liaise with the Commission with respect to Human Rights Week Activities. "CARRIED" Resolution #C-820-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT General Purpose and Administration Committee Chairman's Report of November 7, 1983, be approved except for Items, 12, 23, 28, 29 and 43. Recorded Vote "CARRIED" . Yea Cowma n Hamre Hobbs Taylor Woodyard Ri ckard Nay Hubbard Council Mi nutes 4toning Parmar lot 18, Cone. 5, Darling- ton . Street Lighting Policy . - 8 - November 14, 1983 Resolution #C-821-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT Item 12 be approved "CARRIED" Resolution #C-822-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT Item 23 be approved. "LOST" Recorded Vote Yea Cowman Hobbs Taylor Nay Hamre Hubbard Woodyard Rickard Resolution #C-823-83 Moved by Councillor Hamre, seconded by Councillor Woodyard THAT WHEREAS this is an existing monument Council approve the specifically requested amendment to the cemetery by-law 79-104 "CARRIED" Recorded Vote Yea Hamre Hubbard Woodyard Rickard Nay Cowman Hobbs Taylor Resolution #C-824-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT Item #28 be approved. "CARRIED AS AMENDED" Recorded Vote Yea Cowman Hamre Taylor Woodyard Rickard Nay l10Db s Hubbard Council Minutes . _ended Lease ~reement H. Locke . - 9 - November 14, 1983 Resolution #C-825-83 Moved by Councillor Taylor, seconded by Councillor Hamre THAT Schedule "B", to the Policy be amended and the breakdown be 30% to General Ratepayers and 70% to benefitting landowners. rather than 40% - 60%. "CARRIED" Recorded Vote Yea Hamre Taylor Woodyard Rickard Nay Cowman Hobbs Hubbard Resolution #C-826-83 Moved by Councillor Hubbard, seconded by Councillor Woodyard THAT the matter be referred back to the General Purpose and Administration Committee. "LOST" Resolution #C-827-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT Item 29 be approved. Resolution #C-828-83 Moved by Councillor Hobbs, seconded by Councillor Taylor THAT Item 29 be tabled until the lease has been properly amended and initialled. "CARRIED" Resolution #C-829-83 Moved by Councillor Taylor, seconded by Councillor Hubbard THAT Item 43 be approved. "CARRIED AS AMENDED" Resolution #C-830-83 Moved by Councillor Taylor, seconded by Councillor Hamre THAT Item 43 be amended by deleting the following: Item 1 - "in camera" Items 2 & 3 and substituting "Mayor Rickard and Councillor Cowman b\l Counci 1 representati ves on the Committee and Mr. Herb Ti nk, Council Mi nutes . Mr. Parnell . . - 10 - November 14, 1983 Mrs. Veinot and Mr. S. Rutherford be the appointees from Wards 1,2and3. AND FURTHER the committee be under the auspices of the Administrators office. "CARRIED" Resolution #C-831-83 Moved by Councillor Hobbs, seconded by Councillor Taylor THAT the meeting be recessed for lunch until 1 :45 p.m. (12:50 p.m.) "CARRIED" The meetin9 reconvened at 1:55 p.m. with all members present except for Councillor Woodyard and Councillor Hubbard. Resolution #C-832-83 Moved by Councillor Taylor, seconded by Councillor Cowman THAT Resolution #C-807-83 be lifted from the table and approved. "CARRIED" Mr. Parnell presented the Impact Study on Re-Assessment and updating the assessment roll to 1980 values. He said that the Town of Newcastle had been one of the first of 14 Municipalities in Ontario to undergo re-assessment under Section (86) (now Section 63). More municipalities have now been re-assessed. He felt that the general public has a better understanding of market value assessments. If Council opts for a re-assessment using 1980 market values, the Province would go through the same public relations, such as 'open houses' as before. He said that the return of the assessment roll had now been delayed for one month and he urged Council to make a decision as soon as possible. He then presented his Impact Study Report on Property Assessment Re-evaluation. Resolution #C-833-83 Moved by Councillor Hobbs, seconded by Councillor Taylor THAT the Committee Rise. "CARRIED" Resolution #C-834-83 Moved by Councillor Cowman, seconded by Councillor Woodyard THAT Mr. Wally Parnell and Mr. Ted Aldridge, of the Regional Assessment Office be thanked for their very comprehensive report on Property Assessment Re-evaluation; Council Minutes . Amended Lease Agreement H. Locke . . - 11 - November 14, 1983 AND THAT they be sent a letter thanking them for their presentation; AND FURTHER THAT the report on Property Assessment Re-evaluation be received for information. "CARRIED" His Worship, Mayor Rickard, left the Chair at 4:00 p.m. Councillor Taylor assumed the Chair at 4:00 p.m. Resolution #C-835-83 Moved by Councillor Cowman, seconded by Councillor Woodyard THAT Item 29 of the General Purpose and Administration Committee Report of the meeting of November 7th, 1983, tabled earlier in the meeting by resolution #C-828-83, be lifted from the Table and approved. "CARRIED" His Worship Mayor Rickard resumed the Chair at 4:05 p.m. Resolution #C-836-83 Moved by Councillor Hamre, seconded by Councillor Taylor THAT the recommendation contained in report PD 168-83 respecting the W. Klose application to amend the Durham Regional Official Plan be approved; and 1. THAT Report PD-168-83 be received; and 2. THAT the following resolution be forwarded to the Ministry of Municipal Affairs and Housing: "WHEREAS the Counci 1 of the Regional Municipality of Durham has approved Amendment No. 102 to the Durham Regional Official Plan to permit a private recreational facility and a private zoo in Part Lot 25, Concession 5, former Township of Clarke, now in the Town of Newcastle, and has forwarded Amendment No. 102 to the Minister of Municipal Affairs and Housing for approval; and WHEREAS the Council of the Town of Newcastle wishes to amend its position on Amendment No. 102 to the Durham Regional Official Plan; and BE IT NOW THEREFORE RESOLVED THAT the Council of the Town of Newcastle has no objection to Amendment No. 102 to the Durham Regional Official Plan." Counc il Mi nutes . By-Laws . . - 12 - November 14, 1983 Recorded Vote Yea Hamre Taylor Woodyard Rickard Nay Cowman Hobbs "CARRIED" Resolution #C-837-83 Moved by Councillor Hamre, second by Councillor Taylor THAT leave be granted to introduce the following by-laws, and the said by-laws be now read a first time: 83-148 being a by-law to prescribe a tariff of fees for the processing of applications made in respect of planning matters; 83-149 being a by-law to authorize the entering into of a lease with Harry Locke: 83-150 being a by-law for the licensin9 and regulating of transient traders in the Town of Newcastle; 83-151 being a by-law to authorize the execution of an Amending Agreement with Ontario Hydro, amending Supplementary Agreement #7, with respect to Courtice Urban Area Storm Water Management, Darlington: Generating Station "B" Account; 83-152 being a by-law to amend By-law 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle; (Dr. A.E. King) 83-153 being a by-law to stop-up and close and to authorize the sale of all unopened Clarke Street, between Blocks "I" and "N" and Part of Village Lot 9, Broken Front Concession of the former Village of Newcastle, now in the Town of Newcastle. 83-154 being a by-law to amend By-law 2111, as amended of the former Township of Darlington, now in the Town of Newcastle (Parmar) "CARRIED" Resolution #C-838-83 Moved by Councillor Hamre, seconded by Councillor Taylor THAT the second reading of the following by-laws be approved: 83-148; 83-149; 83-150; 83-151; 83-152; 83-153; 83-154 "CARRIED" Council Mi nutes . . . - 13 - November 14, 1983 Resolution #C-839-83 Moved by Councillor Hamre, seconded by Councillor Taylor THAT the third and final reading of the following by-laws be approved: 83-148; 83-149; 83-150; 83-151; 83-152; 83-153; 83-154 "CARRI ED" Councillor Hubbard returned to the meeting at 4:05 p.m. Councillor Woodyard expressed his regrets at not being able to continue as one of Council's appointees to Local Architectural Conservation Advisory Committee and requested that Council accept his resignation from the Committee. Resolution #C-840-83 Moved by Councillor Cowman, seconded by Councillor Taylor THAT Councillor Woodyard's resignation as one of Council's appointees to LACAC be accepted; AND THAT LACAC be advised, that Councillor Hobbs will be Council's only appointee to the Committee. "CARRIED" Resolution #C-841-83 Moved by Councillor Cowman, seconded by Councillor Taylor THAT Council Convene in Committee of the Whole. "CARRIED" Resolution #C-842-83 Moved by Councillor Cowman, seconded by Councillor Taylor THAT the meeting be "In Camera'. "CARRIED" Resolution #C-843-83 Moved by Councillor Hamre, seconded by Councillor Cowman THAT the concerns with respect to the Santa Claus Parade and the acquisition of a Road Occupancy Permit be referred to the Mayor for resolution forthwith. "CARRIED" Council Minutes . . . - 14 - November 14, 1983 Resolution #C-844-83 Moved by Councillor Hobbs, seconded by Councillor Taylor THAT the Committee Rise from 'in Camera'. "CARRIED" Resolution #C-845-83 Moved by Councillor Hobbs, seconded by Councillor Woodyard THAT the Committee Rise. "CARRIED" Resolution #C-846-83 Moved by Councillor Taylor, seconded by Councillor Woodyard THAT the action taken in Committee be approved. "CARRIED" Resolution #C-847-83 Moved by Councillor Cowman, seconded by Councillor Hamre THAT leave be granted to introduce By-law 83-155 being a by-law to confirm the proceedings of the Council of the Town of Newcastle, at this meeting held on the 14th day of November 1983, and that the said 8y-law be now read a first time. "CARRIED" Resolution #C-848-83 Moved by Councillor Cowman, seconded by Councillor Hamre THAT the second reading of By-law 83-155 be approved. "CARRIED" Resolution #C-849-83 Moved by Councillor Cowman, seconded by Councillor Hamre THAT the thinJand final reading of By-law 83-155 be approved. "CARRIED" Council Mi nutes . . . - 15 - November 14, 1983 Resolution #C-850-83 Moved by Councillor Hobbs, seconded by Councillor Taylor THAT the meeting adjourn at 5:05 p.m. "CARRIED" ~~/ Mayo r / rfl~~ '