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HomeMy WebLinkAbout02/24/1986Council Minutes TOWN OF NEWCASTLE February 24, 1986 Minutes of a Regular Meeting of Council held on Monday, February 24, 1986, at 7:00 p.m., in the Council Chambers Councillor Stapleton led the meeting in Prayer. Roll Call Present Were: Mayor John Wi Councillor A. Councillor D. Councillor M. Councillor H. Councillor F. Councillor A. me rs Cowman (at 7:10 p.m.) Hamre (until 9:05 p.m.) Hubbard McKnight Stapleton Wotten Also Present: Chief Administrative Officer, D. Johnston Town Clerk, D. W. Oakes Treasurer, J. Blanchard Deputy Treasurer, M. Marano Deputy Director of Public Works, D. Gray Director of Planning, T.T. Edwards Director of Community Services, J. Devantier Fire Chief, J. Aldridge Deputy Clerk, R. Rutledge Minutes Resolution #C- 163 -86 Delegations Moved by Councillor Hubbard, seconded by Councillor Hamre THAT the Minutes of a regular meeting of Council held on Monday, February 10, 1986, be approved as read. "CARRIED" Resolution #C- 164 -86 Moved by Councillor Hubbard, seconded by Councillor Hamre THAT the Minutes of a special meeting of Council held on Monday, February 17, 1986, be approved as read. "CARRIED" Resolution #C- 165 -86 Moved by Councillor Hubbard, seconded by Councillor McKnight THAT Mr. L. M. Nuspl, Pythbow Developments Limited, Mr. A. Strike, Strike & Strike, Mr. Earl Malley, 63 King St. W., Apt. 9, Bowmanville, and any other person be allowed to address Council. "CARRIED" Council Minutes - 2 - February 24, 1986 Delegations Mr. L.M. Nuspl, Pythbow Developments Limited, 48 St. Clair Avenue West, Suite 700, Toronto, Ontario, L4V 2Z2, gave Council a brief history of Pythbow's proposal since purchasing the land in 1973. The original proposal of 1976, proposed a 132,000 sq. ft. mall which would contain a Zellers, Canadian Tire, A & P Grocery Store, and other shopping facilities. Pythbow have been trying to conclude this proposition for more than 5 years. Mr. Nuspl referred to the I.B.I. Study which supported the Department Store and Supermarket and 42,000 sq. ft. for other stores. The subsequent Study of Henry Joseph stated the need for 70,000 sq. ft. of space. The Bunn -Denny Report was discarded as a Study. Zellers are still interested, however, they have down - scaled their size because of their building on the Townline. If Zellers locate in the Pythbow Mall, they will want sufficient parking and ability to expand. In conclusion, the location of the Pythbow Mall will generate additional sales; keep dollars in the Town of Newcastle; draw traffic off the Highway and keep residents from leaving the Town to do their shopping. Mr. Earl Malley, 63 King St. W., Apt. 9, Bowmanville, spoke on behalf of Pythbow. In 1981, he was with the Oshawa Labour Council who submitted a petition with 1200 names supporting the Pythbow Mall. In Mr. Malley's opinion, the Mall will benefit the entire Town and will not hurt the long established businesses. The Mall will have stores that will keep him and others like him in the Town to do their shopping. Mr. Al Strike, Strike & Strike, Barristers & Solicitors, 30 King St. W., Bowmanville, representing the Bowmanville Business Centre, spoke in opposition to the Pythbow proposal. Just over a year ago, the O.M.B. rendered a decision denying approval to this proposal. The proposal will have an unfavourable impact on small businesses in Bowmanville. The O.M.B. decision states that the Mall would not have.a positive impact on the community. Mr. Strike asked Council to concur with the decision made at the General Purpose and Administration Committee Meeting. Ms. Jane Sinclair, McMillan, Binch, Barristers & Soliciors, P.O. Box 38, South Tower, Royal Bank Plaza, Toronto, M5J 2J7, representing L.D.C.M. Investments Ltd., and Barmond Builders, spoke in opposition to the Pythbow Proposal. The O.M.B. bases their decision on facts and nothing has been presented to justify changing that decision. The tourist dollars would be negligible and would have no effect at all. The increase in assessment would be cancelled by the decrease in assessment caused by the adverse impact. Ms. Sinclair urged Council to rely on the Town's competent planning staff. Council Minutes - 3 - February 24, 1986 Delegations Pythbow has no committments from any anchor tenant. Current discussions with A & P indicate expansion of their downtown store. Zellers have built a large store in the Townline and Courtice Area. Evidence that outflow of dollars is not for a junior department store but rather a larger department store. Ms. Sinclair referred to the I.B.I. and Bunn and Denning Reports. Pythbow cannot rely on market studies. In conclusion, Ms. Sinclair referred to various sections of the O.M.B. decision. At this time, the Mayor introduced the new Deputy Treasurer, Marie Marano. Communications Resolution #C- 166 -86 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the communications to be received for information be approved. "CARRIED" I - 1 Durham Region District Health Council Re Membership, District Health Council; I - 2 Minutes of a Meeting of the Newcastle Community Services Planning Board, held on January 8, 1986; I - 3 Bell Canada Re Reclassification of the Port Hope, Ontario Exchange; I - 4 Anima Spec, Re bookings for the Montreal Street Theater; I - 5 The Canadian Federation of Independent Grocers Re Beer and Wine Sales in Grocery Stores; I - 6 The Crown Life Participation Challenge Re Promotional material for community projects. D - 1 Resolution #C- 167 -86 Courtice and Area Moved by Councillor Hamre, seconded by Councillor Cowman Community Assoc. 35.60.28. THAT the communication dated February 3, 1986, from Charles Rowe, President, Courtice and Area Community Association, Group 12, Box 59, R.R. #3, Bowmanville, Ontario, L1C 3K4, thanking Council for its financial assistance and outlining other areas of concern be received; AND THAT the communication be referred to staff for review and a report to the General Purpose and Administration Committee; AND FURTHER THAT Charles Rowe be advised of Council's decision. "CARRIED" Council Minutes - 4 - February 24, 1986 D - 2 Resolution #C- 168 -86 Ontario Good Roads Moved by Councillor Hamre, seconded by Councillor Wotten Effective Management Seminar THAT the communication dated January 31, 1986, from B.J. 35.72.5. McCaffery, Secretary- Treasurer, Ontario Good Roads Association, Box 128, 354 Talbot Street, St. Thomas, Ontario, N59 3T7, informing of an Effective Management Seminar, be received; AND THAT the communication be referred to staff for review and report to the General Purpose and Administration Committee. "CARRIED" D - 3 Resolution #C- 169 -86 Provincial Government Moved by Councillor Stapleton, seconded by Councillor McKnight Legislation - Special Constables THAT the communication dated January 31, 1986, from 35.11.2. B. MacLeod, Deputy City Clerk, City of North York, 5100 Yonge Street,'North York, Ontario, M2N 5V7, requesting Council to endorse the City's resolution endorsing the policy of continuation of the 'Special Constable' status, be received for information. "CARRIED" D - 4 Resolution #C- 170 -86 33rd Annual OSUM Moved by Councillor Hamre, seconded by Councillor Wotten Conference 35.72.7. THAT the communication dated February 5, 1986, from B. W. Baxter, Secretary, Organization of Small Urban Municipalities, 55 King St. W., Cobourg, Ontario, K9A 2M2, announcing the 33rd Annual OSUM Conference, be received; AND THAT attendance by Members of Council be approved in accordance with Town Policy. "CARRIED" D - 5 Resolution #C- 171 -86 City of Brockville Re Moved by Councillor Hubbard, OSUM Conference 35.72.7. THAT the communication dated Mayor Stephen J. Clark, City Members of Council to attend held during the period from be received for information. seconded by Councillor Stapleton February 7, 1986, from of Brockville, inviting the OSUM Conference being April 30th to May 3, 1986, "CARRIED" Council Minutes - 5 - February 24, 1986 D - 6 Resolution #C- 172 -86 Municipal Councillors Moved by Councillor Hamre, seconded by Councillor Wotten Seminar 35.31.5. THAT the communication dated February 10, 1986, from Mr. Peter Jackson, Manager, Oshawa Field Office, Ministry of Municipal Affairs, 74 Simcoe Street, South, Oshawa, Ontario, L1H 4G6, advising that Ministry Staff are prepared to undertake follow -up sessions for new Councillors be received; AND THAT the questionnaire attached to the correspondence be completed by those Members of Council wishing seminar sessions on areas of particular concern or interest to them, and that the completed questionnaire be returned to the Ministry's Oshawa Field Office. "CARRIED" D - 7 Resolution #C- 173 -86 Street Lighting Moved by Councillor Hamre, seconded by Councillor Hubbard Newcastle Village 77.2.4. THAT the communication dated January 16, 1986, from Mr. & Mrs. Wm. Kraayvanger, P.O. Box 401, Newcastle, LOA 1HO, regarding street lighting be received; AND THAT the subject communication be referred to the Treasurer to act on in accordance with Town Policy. "CARRIED" D - 8 Resolution #C- 174 -86 Removal of Snow Moved by Councillor Stapleton, seconded by Councillor Hamre from Streets 10.13.5. THAT the communication dated February 13, 1986, from Rev. Thomas H. Smith, expressing his concerns about the lack of care and control exhibited by the Town respecting the removal of snow and ice from streets and sidewalks in the municipality be received; AND THAT the communication be referred to the Town Clerk with the direction that he respond to each of the questions contained in the correspondence; AND FURTHER THAT Rev. Smith be advised of Council's decision. "CARRIED AS AMENDED" Resolution #C- 175 -86 Moved by Councillor McKnight, seconded by Councillor Cowman THAT a copy of the Town Clerk's response to Rev. Thomas H. Smith be sent to each Member of Council. "CARRIED" Council Minutes - 6 - February 24, 1986 D - 9 Resolution #C- 176 -86 Permission to Fly Moved by Councillor Hamre, seconded by Councillor Wotten the Welsh Flag on St. David's Day THAT the communication dated February 13, 1986, from Barbara 10.2.11. Parry, Oshawa and District Welsh Society, Box 804, Oshawa, Ontario, L1H 7H1, requesting permission to fly the Welsh Flag on March 1, 1986, be received; AND THAT the request of the Oshawa and District Welsh Society be approved; AND FURTHER THAT Barbara Parry be advised of Council's decision. 99TIT1111TIM "I D - 10 Resolution #C- 177 -86 Orono B.I.A. Trip Moved by Councillor Hamre, seconded by Councillor Stapleton to Elmira 35.60.8. THAT the communication dated February 19, 1986, from Mr. Roy Forrester, Chairman, Orono Central Business Improvement Area Board of Management, expressing interest in participating in the upcoming trip to Elmira to view the commercial development of that municipality be received; AND THAT Mr. Forrester be invited to join Council in visiting Elmira; AND FURTHER THAT Mr. Forrester be advised of Council's decision. "CARRIED AS AMENDED" Resolution #C- 178 -86 Moved by Councillor Stapleton, seconded by Councillor Cowman THAT Resolution #C- 177 -86 be amended by including the following: AND FURTHER THAT delegates from the Newcastle Board of Management Business Improvement Area be invited to join Council in visiting Elmira. "CARRIED" D - 11 Resolution #C- 179 -86 Durham Region Crib Moved by Councillor Hamre, seconded by Councillor Wotten Safety Awareness Week 10.2.11. THAT the communication dated February 10, 1986, from Barbara G. Cassel, President, Durham Regional Chapter, Registered Nurses Association of Ontario, 1278 Astra Avenue, Oshawa, Ontario, L1K 1H5, requesting that the week of May 3rd to May 10, 1986, be proclaimed as "Durham Region Crib Safety Awareness Week" in the Town of Newcastle; Council Minutes - 7 - February 24, 1986 AND THAT the request referred to be approved, and advertised in accordance with Town Policy; AND FURTHER THAT Barbara G. Cassel be advised of Council's decision. "CARRIED" Reports Resolution #C- 180 -86 G.P.A. Report of Moved by Councillor Hamre, seconded by Councillor Hubbard February 17, 1986. THAT the General Purpose and Administration Committee Report of February 17, 1986, be approved except for Item #1, #2, #9, #14, and #22. "CARRIED" Item #1 Resolution #C- 181 -86 THAT Item #1 of the General Purpose and Administration Committee Report be divided. "CARRIED" Item #1(a) Councillors Stapleton and Wotten made declarations of interest relative to Report PD -38 -86 - Town of Newcastle Comprehensive Zoning By -law; vacated their chairs and refrained from participating in discussion. The report refers to "Auctions" and both Councillors are auctioneers. Resolution #C- 182 -86 Town of Newcastle Moved by Councillor Hamre, seconded by councillor Hubbard Comprehensive Zoning By -law THAT Report PD- 38 -86, Town of Newcastle Comprehensive 60.35.6. Zoning By -law be received for information. "CARRIED" Item #1(b) Resolution #C- 183 -86 Policy on Snow Moved by Councillor Hamre, seconded by Councillor Hubbard Clearance at School Crossing THAT Report CD -12 -86 - Policy on Snow Clearance at Guard Locations School Crossing Guard locations, be received for information. 77.2.8. "CARRIED" Item #1(c) Resolution #C- 184 -86 Mayor & Councillor's Moved by Councillor Hamre, seconded by Councillor Hubbard Remuneration and Expenses for 1985 THAT Report TR- 08 -86, Mayor & Councillor's Remuneration and 10.57.13. Expenses for 1985 be received for information. "CARRIED AS AMENDED" Council Minutes - 8 - February 24, 1986 Resolution #C- 185 -86 Moved by Councillor Hamre, seconded by Councillor Cowman THAT Report TR- 11 -86, Mayor & Councillor's Remuneration and Expenses for 1985 be received for information and form part of Item #1(c) of the General Purpose and Administration Committee Report. "CARRIED" Item #1(d) Resolution #C- 186 -86 Environmental Radio- Moved by Councillor Hamre, seconded by Councillor Hubbard activity Monitoring Unit Installed at THAT Report FD- 05 -86, Environmental Radioactivity Monitoring Fire Sta. #4 Unit Installed at Fire Station #4, be received for information. 68.13.99. "CARRIED" Item #2 Resolution #C- 187 -86 Rezoning and Official Moved by Councillor Hamre, seconded by Councillor Hubbard Plan Amendments - Pythbow Developments THAT Report PD -34 -86 be received; and 60.30.101. 60.35.131. THAT Official Plan Amendment Application 85- 37 /D /NB be denied and the Region of Durham be so advised; and THAT Rezoning Application DEV 85 -24 be denied; and THAT the applicant be advised of Council's action. "LOST" Recorded Vote Yea Nay Councillor Cowman Councillor Hubbard Councillor Hamre Councillor McKnight Councillor Wotten Councillor Stapleton Mayor Winters Resolution #C- 188 -86 Moved by Councillor Stapleton, seconded by Councillor Hubbard THAT Report PD -34 -86 be received; and THAT Official Plan Amendment Application 85- 37 /D /NB be approved and the Region of Durham be so advised; and THAT Rezoning Application DEV 85 -24 be approved; and THAT the applicant be advised of Council's actions. "CARRIED" Council Minutes - 10 - February 24, 1986 Newtonville Water THEREFORE BE IT RESOLVED THAT the Town of Newcastle request Supply the Region of Durham to review its policy relating to frontage and hook -up charges for those communities where it has been established that there is an unsafe water supply with a view to utilizing the provincial subsidies towards lessening the financial impact on the homeowners and thus enabling a long term solution to a serious health and environmental hazard. "CARRIED" Recorded Vote Yea Nay Councillor Cowman Counci 1 lcr Hamre Councillor Hubbard Councillor McKnight Councillor Stapleton Councillor Wotten Mayor Winters Unfinished Business Resolution #C- 192 -86' Trip to Elmira Moved by Councillor Cowman, seconded by Councillor Stapleton THAT Mr. James Slyfield, R.R. #1, Bowmanville, L1C 3K2, be informed of the success of his proposal to take a one -day group excursion to Elmira. "CARRIED" Delegations Resolution #C- 193 -86 By -laws Moved by Councillor Hamre, seconded by Councillor Wotten THAT the delegations be acknowledged and informed of Council's action. "CARRIED" Resolution #C- 194 -86 Moved by Councillor McKnight, seconded by Councillor Stapleton THAT leave be granted to introduce the following by -laws, and that the said by -lavb be now read a first time: 86 -25 being a by -law to authorize the entering into of an agreement with Walter Schleiss and Raymond D. Holland, and the said Corporation of the Town of Newcastle; 86 -26 being a by -law to authorize the entering into of an agreement with Huron Trail Development Group Limited and the Corporation of the Town of Newcastle; Council Minutes - 11 - February 24, 1986 By -laws 86 -27 being a by -law to authorize the entering into of an agreement with Foster Creek Developments Ltd., and the Corporation of the Town of Newcastle; 86 -28 being a by -law to authorize the raising of money to aid in the construction of works and building repairs under the Shoreline Property Assistance Act; (2 readings only) 86 -29 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the Corporation of the Town of Newcastle (Schleiss & Holland); 86 -30 being a by -law to amend By -law 79 -104, as amended, to provide for the maintenance, management regulation and control of cemeteries in the Town of Newcastle. "CARRIED" Resolution #C- 195 -86 Moved by Councillor McKnight, seconded by Councillor Stapleton THAT the second reading of the following by -laws be approved: 86 -25; 86 -26; 86 -27; 86 -28; 86 -29; 86 -30. "CARRIED" Resolution #C- 196 -86 Moved by Councillor McKnight, seconded by Councillor Stapleton THAT the third and final reading of the following by -laws be approved: 86 -25; 86 -26; 86 -27; 86 -29; 86 -30. "CARRIED" Other Business Resolution #C- 197 -86_ Meeting with the Moved by Councillor Hubbard, seconded by Councillor Wotten N.C.S.P.B. THAT Staff arrange a meeting between Council and the Newcastle Community Services Planning Board. "CARRIED" Resolution #C- 198 -86 Moved by Councillor Cowman, seconded by Councillor Wotten THAT Council go in "Committee of the Whole." "CARRIED" Council Minutes - 13 - February 24, 1986 Resolution #C- 205 -86 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of By -law 86 -31 be approved. "CARRIED" Resolution #C- 206 -86 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and final reading of By -law 86 -31 be approved.. "CARRIED" Resolution #C- 207 -86 Moved by Councillor Hubbard, seconded by Councillor Cowman THAT leave be granted to introduce By -law 86 -32, being a by -law to confirm the Council of the Corporation of the Town of Newcastle, at this meeting held on the 24th day of February 1986, and that the said by -law be now read a first time. "CARRIED" Resolution #C- 208 -86 Moved by Councillor Hubbard, seconded by Councillor Cowman THAT the second reading of By -law 86 -32 be approved. "CARRIED" Resolution #C- 209 -86 Moved by Councillor Hubbard, seconded by Councillor Cowman THAT the third and final reading of By -law 86 -32 be approved. "CARRIED" Resolution #C- 210 -86 Adjournment Moved by Councillor Hubbard, seconded by Councillor Wotten THAT the meeting adjourn at 9:30 p.m. "CARRIED"