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HomeMy WebLinkAboutADMIN-6-90 REPORT #4 4. „ TOWN OF NEWCASTLE � 'ID � REPORT File # , Res. By-Law # MEETING: COUNCIL DATE: OCTOBER 29 1990 POOOFRT #: ADMIN. 6 - 9 0 FILE #: SIJUCT: STATUS REPORT - OUTSTANDING ISSUES RELATED TO MOSPORT PARK LIMITED RECOMMENDATIONS: It is respectfully recommended to Council: 1. That a copy of Report ADMIN. 6 - 90 be received; and 2 . That a copy of Report ADMIN. 6 - 90 be forward to Mr. S. Cureatz and Mr. B. Kamin. REPORT: At its meeting of September 24 1990 following a presentation by Mr. S. Cureatz on behalf of Mosport Park Limited, the Council passed the following resolution: "That the presentation of Mr. Sam Cureatz be received and acknowledged; That Mr. Cureatz ' comments be referred to the Chief Administrative Officer and appropriate staff to be addressed; That a subsequent report dealing with the resolution of outstanding issues with Mosport Park Limited, be forwarded to Council after consultation with Mosport Park Limited to resolve the issues in a co-operative manner, it being recognized by Council that Mosport Park Limited must comply with all applicable laws including by-Law 78 - 50 and pay all arrears of taxes forthwith; and That Mr. Sam Cureatz be advised of Council 's decision. ” ADMIN . 6 - 90 -2- Further to the Council's resolution, a meeting took place on October 18 1990 to discuss the outstanding issues related to Mosport Park Limited. Those in attendance were as follows: a) On behalf of Mosport Park Limited - Mr. S. Cureatz, Mr. B. Kamin; b) On behalf of the Town - Chief Administrative Officer, Director of Planning and Development, Treasurer, Town's Solicitor. At the meeting, the following outstanding issues were discussed: 1. Tax Arrears; 2 . Site Plan Application; 3 . Building Code Issues; 4 . Fire Code Issues; 5 . Application of By-Law 78 - 50 and 6 . Zoning By-Law. The essence of the discussion pertaining to each issue is provided below. 1. Tax Arrears 1. 1 At the present time taxes in the amount of approximately $51,000 from Mosport Park Limited for the taxation year 1990 is in arrears. Arrears of 1988 and 1989 taxes were paid in September 1990. Under the provisions of the Municipal Act, the full amount of taxes payable in a taxation year is due and payable if the first instalment (February) together with all arrears of taxes are not paid on the due date. 1.2 At the meeting on September 24 1990, Mr. S. Cureatz representing Mosport Park Limited had advised Council that his client would pay all arrears of taxes for the 1990 taxation year by the end of 1990 . The position of Mr. Kamin had been that the 1990 arrears would be paid by monthly cheques issued to the Town in the amount of $5,000 each. In fact based on this schedule (4 months x $5,000) there would remain an unpaid balance of 1990 taxes at December 31, 1990 of approximately $31,000 . i i i ADMIN . 6 - 90 -,3- 1.3 At the meeting on October 18 1990, Mr. Cureatz indicated that his representation to Council had been made in error and that his client proposed paying the 1990 arrears by December 31st 1990 with the exception of $15, 000 which would be paid in three instalments of $5,000 each in January, February and March 1991. In addition he indicated that the future 1991 taxes would also be paid by monthly instalment cheques payable to the Town. As members of Council appreciate, the Municipal Act does not provide for special arrangements at the discretion of the tax payer. All post- dated cheques provided by Mosport Park Limited have been returned to the company. 1.4 Mr. Cureatz and Mr. Kamin were advised of Council's resolution at its meeting on September 24 1990 and of the above information. Mr. Kamin's letter dated October 19 1990 (refer to Attachment #1) sets out his present proposal. I am not aware of any reason to recommend that Council alter its position with regard to the payment of taxes. 2 . Site Plan Application 2 . 1 As Council has been advised, a stop work order has been issued in respect of the construction of the building containing approximately 600 square feet without a building permit. Mosport Park Limited has applied for a building permit and site plan approval under Section 40 of the Planning Act. At the meeting of October 18 1990, Mr. Kamin indicated that he had not been advised as to the amount of the site plan application fee and was concerned about the cost of preparing a site plan for the whole of Mosport Park being out of proportion to the cost of the proposed building. 2 .2 The Director of Planning and Development advised Mr. Kamin that the fee was $400 and undertook to review the area of land that should be covered by the site plan in question. A copy of the Director's letter to Mr. Kamin is contained in Attachment #2 . 3 . Building Code Issues 3 . 1 Mr. Kamin advised at our meeting on October 18 1990 that following the issuance of the stop work order in respect of the new building under construction, all construction activity has ceased and will not be resumed until a building permit has been issued. i ADMIN . 6 - 90 -4- 4. Fire Code Issues 4 . 1 The outstanding matters provided by the Fire Chief (refer to Attachment #3) were brought to Mr. Kamin's attention and he indicated that the company would comply with all outstanding issues related to this matter. 5. Application of By-Law 78-50 5. 1 Mr. Kamin acknowledged that Mosport Park Limited had not obtained a permit for public entertainment at Mosport Park as required by By-Law 78-50, taking the position that the by-law did not apply to Mosport Park. He was advised to the contrary. Discussion took place concerning the review of By-Law 78-50 which has been undertaken by the Town. Mr. Kamin was asked to provide information concerning program activities and events at Mosport Park for the season just concluded to assist in the review and in particular to determine whether any activities should be exempted from By- Law 78-50. Attachment #4 contains the letter requesting Mr. Kamin for the necessary information. 6 . Zoning By-Law 6 . 1 At the meeting on October 18 1990, Mr. Kamin asked whether the zoning by-law was being reviewed in respect of its application to Mosport Park. The Director of Planning and Development's reply contained in Attachment #2 addressed this matter. SUMMARY Considerable progress has been made in securing Mosport Park Limited's co-operation in complying with the requirements of the Fire Code, the Ontario Building Code and Section 40 of the Planning Act. I am hopeful that the co-operation will be forthcoming in respect of the review of By-Law 78-50. Unfortunately, however, Mosport Park Limited's position regarding the payment of taxes required by the Municipal Act does not appear to have changed since it was first set out in Mr. Kamin's letter to the Town's Solicitor on August 14 1990 (Refer to Attachment #5) . I have asked the Town's Solicitor to report to Council in camera on the Town's legal position. Respectfully submitted, b � 1' Al, \ Lawrence Kotseff, Chief Admi istrative Officer LEK:nof I ATTACHMENT #1 TO REPORT _ ® ADMIN. 6 - 90 DAWSON, XAxni, RFcHT & FRE;EDMAN DARRISTItRS 6 Sol-ICITORS TRLroNONLI CAW 032.2900 ALLAN K f RECOMAN #hNOLo RCCNT ftL1.00P16R;W1E1 PRO-sion •tK1.NARM-I.KAMIN.CLC TIMOTHY S.10,D^NEON TN[OCIORK '.Cr1ARNLV ADAM M.VAR606 30 COLL609 STRICT JULIAN N.FALCONER p1.AOCEP S.F-aCHAI nNe Ft_DOR SUN P.MdKCNNA TORONTo, CAWADA, X50 1X2 COUNSEL: 501.IS 0 F1.IS1LGMAN'0.C. October 19 , 1990 (BY rAX AND WL) Mr. Donnie Ha#feron shibley RightOn Barristers A solicitors Suite 1800 - Box 32 401 Say Street Toronto, Ontario M5H 221 Dear Mr. Hefferons r Further to the meeting held on �october 18, 1990, I would confirm the followings , 1 . Taxes Mosport Park Ltd. 's proposal for payment is as fol,lowss (i) That all the 1990 taxes except for $1.5, 000. 06 will be paid in lull by December vember 3oQn 1 9of the 0 fand the amount would be paid by No balance by December 31st. (ii) Tho $13,000.00 arising for 1990 taxed would be paid monthly at the rate of $5, 004. 00 per month on January 31, 1991, February 28, 1991 and March 31, 1991. (iii) All of the 1991 taxes would be paid by December 31, 1991 in equal monthly instalments aoYnmeneing on April 30, 1991. Mosport Park Ltd. would provide poet-dated cheques in connection with thc� 1990 taxes, and when payments commenoed for the 1991. taxes, there would also be a aortas of pont-dated cheques delivered. i DANSON, YwdiN, RECHT FR'AFDXAN 2. ,� advised that within the past several o days the Town dated I m returned two cheques each in the 1990� It appear$ that the November 30, 1.990 and Deoembsr 31, pogt�datAd Ghaqua previously delivered for Stptember 30, 1990 the was deposited by the Town, and Ma. Marano in her letter0chs rgturevi.o 3usly aforesaid chequesseta ►ded the it twould bor e eppli ed on account of delivered and in outstanding taxes- 2. The application has been submitd at ri w`' however va review I advised that the time, as the amount was unk ligation fee the cost of the "pole" building is less than the app reuireas st out in Carlo and depending on the detail roceosingdMay be a xt ems y high. pellai.rn's latter the costs of p Mr. Frank Wu was to review this and our the above me ngMoapart indicated that depending onr asa►eeament might be better Off just to remove the structure. 3 . =J dins =U I confirmed that no further work on the "pol+" building has been done. 4. pI_r.g Coda Larry Xotsof2 indicated that all the requests had been met save for the fol,lawingt (i) extinguishers in cooking area - as di saussad this area is not used until the Spring d in position .at which time the extinguisher will pag (ii) ,the looks on the doors in the Tower will be changed so � that there is access out from within the building, even if the doors are looked. is (iii) the fire safety Planhas by eFire Departmentndsome n submitted currently being revs Y the revisions might be necessary der A great deal of disouasion occurr ectad. inre an�order t 1we wil � avoid any providing information that was requthe misunderstandings please rvend as to theido Me in type type o rdet it atuit of the information required r di.soussi-ons that we did not have to pvidz aacmed from our persons for each. details of each activity nor numbers of p BY- indicated that I was the appl,icmtion of the 8Y- i s concerned ab � law to other situations. DAN50N, KAMIN, RECHT & FREEDMAN 3 . B. Zoning Byrl&w Tt would appear that this issue has not advanced from our discussions in early August, 1990. Perhaps it would be rudent to get out in writing what aro to be the parameters of this, and You might want our input. Yours very truly, DAMSON, KAMIN, RECHT is FRE$DM11IJ d a. amin, Q.C. BJK:jp cc s Harvey M. HUdas Cos Sam Cureatz i I i i I i ATTACHMENT #2 TO REPORT -i�E TOWN a ADMIN. 6 90 ewcasl(e ONTARIO 23 October 1990 Bernard J. Kamin, Q.C. Danson, Kamin, Recht & Freedman Barristers & Solicitors 30 College Street 2nd Floor TORONTO, Ontario M6G M Dear Sir: RE: SITE PLAN APPLICATION AND ZONING Further to the letter dated October 10, 1990 from Mr. C. Pellarin to you and further to our meeting held on October 18, 1990 with yourself, Mr. Sam Cureatz, Mr. Kotseff, Mrs. Marano and Mr. D. Hefferon, I wish to advise of the Town's requirements with respect to the site plan application for construction of a "600 sq ft. building" within the property of Mosport Park. 1. By-law 89-172 sets out an application fee of $400.00 for site plan application. This fee payment is required prior to processing of your application. 2. In accordance with By-law 90-130 and Section 40 of the Planning Act, the Town requires plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and all facilities and works required under Clause (7)(a), Section 40 of the Planning Act. In addition, we also require drawings showing plan, elevation and cross- section view of each building to be erected. These plans and drawings are also prerequisite to the processing of any site plan application. 3. In consideration of the large area owned by Mosport Park,we concluded that only the lands surrounding the proposed building will be subject to the site plan application. I have attached herein a sketch showing the area to be covered. During our meeting, the issue of zoning was raised. In this regard, I wish to advise that the Mosport Park property is zoned `A-21" which specifically allows for the use of the property for "a motor vehicle racetrack". Hence, any other uses not related to or accessory to a motor vehicle racetrack are not permitted. In view of the various other uses that have taken place in the past within the Mosport Park property and in view of the fact that Mosport Park may wish to repeat some of these uses in future years, it is imperative that you have a clear understanding of the uses that are permitted by By-law 84-63. CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERAN CESTREET • BOY;MANVILLE • ONTARIO • L1C3A6 • (416) 623-3379 FAX 625 x169 aEczfor Mr. Bernard Kamin Page 2 I suggest that Mosport Park list all the uses that will be occasioned within the Mosport Park property so that I can advise you on the issue of by-law compliance. Ultimately, any uses that are not permitted will require applications to amend the Durham Region Official Plan and to amend the Zoning By-law and these uses will be evaluated on their own merits and will involve comprehensive review by the Town to determine their suitability, compatibility with surrounding uses etc. Yours truly, Franklin Wu, M.C.I.P. Director of Planning and Development FW*Jip CC: Dennis Hefferon, Solicitor CC: L. Kotseff, Chief Administrative Officer CC: S. Cureatz i i I i I t4 cG.vD6D tN s)T-E PlrAN m CONcEsspN ROAD No io_ --- Wi- i -41 12 Ld Z .. Z " J_ Ir zi 00 .,.�- a.•--� � ® \ moo---- � r/-� ` ;r µ50� NOWIED ,u,0 ATTACHMENT #3 TO REPORT _ TOWN OF NEWCASTLE ADMIN. 6 - 90 MEMORANDUM TO: Lawrence E. Kotseff, Chief Administrative Officer. FROM; Michael G. Creighton, Fire Chief. DATE: October 17, 1990. SUBJECT: Mosport Park - Fire Code Violations --------------------------------------------------------------- Please be advised that the following items are still outstanding at Mosport Park: 1. ) Commercial cooking equipment in the Players Restaur- ant requires exhaust and fire protection systems be installed. Mosport representatives have advised that this facility is closed for the winter and will be corrected by spring. They also advised that they would get a letter from their insurance company advising that due to the building's construction, they would not require it to be installed if they would put two portable CO2 extinguishers in the building. No letter of clarification has been received at this time. 2 . ) Locks on some buildings, including the Pirelli Tower, require replacement with panic hardware or turn locks . Key type devices must be removed. 3 . ) Fire Safety Plan is outstanding. It has been submitted and requires revisions prior to it being accepted. All other violations have been addressed. MC/sr Michael G. reighton, Fire Chief. ATTACHMENT #4 TO REPORT _ ADMIN. 6 90 C'lt9Cll_sl(e October 23 1990 Mr. Bernard J. Kamin, Q.C. Danson, Kamin, Recht & Freedman Barristers and Solicitors 30 College Street 2nd Floor Toronto, Ontario M5G 1K2 Dear Mr. Kamin: Re: Mosport Park Limited In your letter to Mr. Hefferon dated October 19 , 1990 you indicated that you would consider providing information that was requested at our meeting on October 18, 1990 concerning By-Law 78 - 50 . I had understood that you had agreed to provide information that may be relevant to the Town's review of By-Law 78 - 50 insofar that it applies to Mosport Park. As was explained at our meeting, it is not possible for me to provide you with particulars of the nature of the information and the type of detail required in outline form since the Town has very little hard information available as to programming at Mosport Park. The hard information that is available has been gathered by Town Officials investigating whether Mosport Park Limited has acted in compliance with the Ontario Fire Code, the Ontario Building Code and By-Law 78 - 50 over the past season. As Mr. Hefferon explained at our meeting on October 18, 1990, in considering whether or not to recommend to Council whether or not events of specific types and with attendance in excess of a specified threshold might be exempted from By-Law 78 - 50, it would be preferable if Mosport Park Limited was to provide the Town with full information as to all programming activities including attendances at Mosport Park over, say, the last season. you indicated that you were reluctant to do this among other reasons because of the wide variety of events held at Mosport Park. In order to be of assistance to you and without limiting the Town in any way in its ability to request further information from you, it would be helpful if you provided the Town with information detailing the types of events, their dates , whether camping was permitted, whether alcoholic beverages were sold, whether food was sold, the actual attendance per event for all events and program activities at which more than 500 members of the public either were i CORPORATION OF THE TOWN OF NEWCASTLE 4C 'IVPEPANCESTREET • BOWMANV LLC • ONTARIO • l ±CJA6 • (4'6; 623-3379 . FAX 623 4+69 in attendance or were projected by Mosport Park Limited to be in attendance. With that information in hand, I will be able to advise you whether or not any other information will be required. Yours truly, -'j LEK:nof Lawren a E. Kotseff Chief Administrative Officer cc: Dennis Hefferon , Town Solicitor I I I i ATTACHMENT #5 TO REPORT _ ADMIN. 6 -- 90 SENT BY:SK19LEY RIGHTON ; 8-15-90 :10:04AM ; 4163651717 416 623 5717;« 4 RCV 8'1':SHIBLEY RIGHTON 8-14-60 11 1 -1484 418 926 2192+ 4163651717;1 3 DANsox, KAMIN, RECHT & FREED,K-kN 4ARRISTERS i SOLICITORS ALLJw .a.sAt[OMAN AhN040 01CCf41 Ta"wWONCI"IC N40.6"o •twr.A..O J.MMIN.O.C, "MOrMY 0,9,VAN60N TELtCOP+tfl: 6414I st/'i1*4 vs t000ftR 0.O.+AQN[r ADAM K VA4606 JULIAN N r^LCONtX PMOKtP S.PAC$"1 30 COLLC06 6Twt[T •LAM A N•.ttNN♦ C— •LOUw ToroxTo. CA xAx w. ca..•.ACL: 00016 b •w[ss►AAN.Oc Utso IRV August 14 , 1990 (BY FAX AND MAIL) Mr. Dennis Hefferon Shibloy, Righton Barristers k Solicitors Suit* 1800 401 Hay Street Toronto, Ontario M5H 2ZI DQar Mr. Hafferont 1Et monnort Park Ltd, ; Thank you for your letter of August 7, 1990. Our telephone s conversation of August 3 , 1990 Qncompassed several other matters. I had thought that although you mentioned the arrears of taxes that the matter could be dealt with during the discussipns and meetings which no doubt could follow, all of which as I i understand would take place► either later this month or early ' September. +I s Quit* frankly I really do not understand the suggestion about commencing an action. Our past relationship with the Town in i dealing with the outstanding taxes has been that the Town was quite prepared to accept an orderly monthly payment of tha arrears. In tact Harvey Hudes had discussed this with the Treasurer in thQ past, when a like arrangement was made and 12 post-dated cheques were sent. Does the Town now propose to deal with Mosport Park Ltd. differently, or differently than the accommodation which it provides to other taxpayers. -NT BY:SHIBL�Y RIGHTON ; B-15-90 ; 10:05A�! ; Ei6365i7i7 »16 623 5717; 5 RCV BY:SHIBLEY RIOHTON B-14-60 ; 1 :49Pm 416 829 2192 4163651717;# 4 DAMSON. KAmrX. RECUT rRIMDMA..V 2. It is also worth noting that during the weak that your latter was vritton, my client had had visits from can 1 the Building ildind Department aaand to Wriyrthisehe�llta►risenne ce Y speculate W►NSON, KAKI", R.EC.'>ItT G FRSBD'Ml1N A J. Kazin, Q.C. arK I o ccs: Harvey M. Kudos i x 4 `s s I t 1 f�