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 .
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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.
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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
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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 $5, 004. 00 per month on January
31, 1991, February 28, 1991 and March 31, 1991.
(iii) All of the
1991 taxes would be paid by December 31,
1991 in equal monthly instalments aoYnmeneing on April
30, 1991.
Mosport Park Ltd. would provide poet-dated cheques in connection
with thc� 1990 taxes, and when payments commenoed for the 1991.
taxes, there would also be a aortas of pont-dated cheques
delivered.
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DANSON, YwdiN, RECHT FR'AFDXAN 2.
,� advised that within the past several o days the Town
dated
I m
returned two cheques each in the 1990� It appear$ 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
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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
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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
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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
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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
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