HomeMy WebLinkAbout6/2/1980 TOWN OF NEWCASTLE
Council Minutes June 2 1980
Minutes of a regular meeting of Council
held on June 2 1980 at 9:30 a.m, in Court Room #2
Present were: Mayor Garnet B. Rickard
Councillor Keith Barr
Councillor William Clarke
Councillor Ann Cowman
Councillor Ivan M. Hobbs
Councillor Maurice Prout
Joseph M. McIlroy, Town Clerk
Also Present: A. C. Guiler, Town Manager
K. Degroot, Treasurer
T. A. Fanning, Director of Community Services
D. Smith, Director of Planning
J. Dunham, Director of Public Works
Councillor Jasper W. Holliday was absent on other Municipal
business.
Resolution #C-80-742
Moved by Councillor Barr, seconded by Councillor Prout
cl THAT the Minutes of the regular Council meeting held on
" tes May 5 1980 be approved as read.
"CARRIED"
Resolution #C-80-743
Moved by Councillor Barr, seconded by Councillor Prout
THAT the Minutes of a Special Council meeting held on
May 13 1980 be approved as read.
"CARRIED"
Resolution #C-80-744
Moved by Councillor Barr, seconded by Councillor Prout
THAT the Minutes of the Special Council meeting held on
May 20 1980 be approved as read.
"CARRIEDr r
i
w�
Council Minutes -2- June 2 1980
Mr. Mario Mr. Mario Veltri appeared before Council requesting an
Veltri amendment to the sign by-law to permit a new sign
for the Veltri Complex at King Street East, Bowmanville.
He also requested an amendment to the parking by-law
to permit location of parking meters in front of his building.
Tyrone Mr. L. Avery and Mr. G. Byams appeared before Council requesting
Community interim financing with regard to the new addition to the
Centre Tyrone Community Hall.
Resolution #C-80-745
Moved by Councillor Prout, seconded by Councillor Barr
Other THAT Council hear the following delegations:
delegations Mr. D. Allin regarding parking meters in Bowmanville,
and Mrs. M. Hills regarding the closing of Hampton Mill
Pond Road, also Mr. R. Armstrong regarding the Tyrone
District Plan.
3 I CARRIED,I
Mr. .D. Allin appeared before Council on behalf of the
Bowmanville Business Centre requesting that Item #2 of
the report of the Finance and Administration Committee dated
May 13 1980 be referred back to the committee to be discussed
with representatives of the Bowmanville Business Centre.
(See report #2, Item 7 of the Finance and Administration
Committee, May 13 1980)
Mrs. M. Hills appeared before Council with regard to Item #1
of the .Public Works Committee report dated May 22 1980
concerning closing of the structure across the Hampton Mill
Pond. She also presented a petition signed by 137 Hampton
=° residents in this regard.
(See report #4, Item 1 of the Public Works Committee,
May 22 1980)
I
Mr. Ron Armstrong of Jones and Jones, Solicitors,
representing Roy Abbott and M. Marchant appeared before Council
requesting Council, prior to approving of the Tyrone
District Plan to allow further representation p esentatlon from his. clients.
Resolution- #C-80-746
Moved by Councillor Clarke, seconded by Councillor Barr
THAT there be a five-minute recess.
IICARRIEDII
v
Council Minutes -3- June 2 1980
Resolution #C-80-747
Moved by Councillor Clarke, seconded by Councillor Barr
Disposition THAT the disposition of communications to be received
of for information be approved except for items I-2, I-5,
Communications I-6 and I-12.
� "CARRIED"
I-1 Ministry of Transportation and Communications re
W.P. 110-72-01 Highway 2 Oshawa to Bowmanville,
May 2 1980
I-3 Ministry of Transportation and Communications re
metric system of measurement, May 6 1980
I-4 Ontario Municipal Board dismissing appeal of
John Szimanski
I-7 Transmission Newsbrief, May 1980
I-8 Statement to the Legislature by the Hon. Thomas L. Wells
on The ,Municipal Elections Amendment Act, May 15 1980
I-9 The Liquor Licence Board of Ontario re Newcastle
Rainbow Motel application
I-10 Heritage Committee Meeting minutes April 29 1980
I-11 Ministry of Transportation and Communications re payment
SZ
of subsidy, May 15 1980
I-13 Ganaxaska Region Conservation Authority Minutes of the
Natural Resources Advisory Board, May 1 1980
I-14 Ganaraska Region Conservation Authority Minutes of the
Finance and Personnel Committee, April 30 1980
I-15 Central Lake Ontario Conservation Authority Minutes,
May 22 1980
I-16 Ed Broadbent, House of Commons re resolution from the Town
of Dunnville requesting fund for disaster relief
I-17 Community Care Newsletter, June 1980
w
Resolution #C-80-748
Moved by Councillor Hobbs, seconded by Councillor Prout
THAT the letter dated May 6 1980 from Specialty Paper
Products regarding closing of private laneway be received
for information.
"CARRIED"
Resolution #C-80-749
Moved by Councillor Hobbs, seconded by Councillor Prout
'IMT the letter dated May 6 1980 from Sam Cureatz, M.P.P.
regarding the cat problem in the Town of Bowmanville be
received for information.
' �� "CARRIED"
F _
Council Minutes -4-
June 2 1980
Resolution #C-80-750
Moved by Councillor Hobbs, seconded by Councillor Clarke
Flood THAT the letter dated May 5 1980 from the Minister of
damge Intergovernmental Affairs regarding flood damage be
received for information.
'CARRIED'
Resolution #C-80-751
Moved by Councillor Hobbs, seconded by Councillor Clarke
Bowmanville THAT the minutes of the Bowmanville Central Business
Central Improvement Area dated May 7 1980 be received for information.
Business
"CARRIED"
Resolution #C-80-752
Moved by Councillor Prout, seconded by Councillor Barr
..Newcastle THAT the request dated May 5 1980 from the Newcastle
takers Lakers Baseball Club to run a draw in September 1980
Baseball Club for total prizes of approximately $500.00 be approved.
w �r
'CARRIED'
Y Resolution #C-80-753
Moved by Councillor Prout, seconded by Councillor Barr
eta THAT Council concur with the resolution of the Town of
11V in Exeter regarding the actions of soviet troops in
.stan Afghanistan and that the appropriate parties be advised.
"CARRIED"
I
Resolution #C-80-754
gG�
Moved by Councillor Prout, seconded by Councillor Barr f'
t THAT Council concur with the letter dated May 13 1980
e from the Regional Clerk regarding accident insurance policy
for regional councillors and that the treasurer be
authorized to cover regional councillors for insurance
' effective June 30 1980.
"CARRIED"
r,
I
Council Minutes -5- June 2 1980
Resolution #C-80-755
Moved by Councillor Prout, seconded by Councillor Clarke
Couxtice THAT the letter dated April 2 1980 from the Town's solicitor
Storm regarding Courtice Storm Sewer Outfall Expropriation
Sewer be referred to Report #13 (TM-17-80.)
Outfall
Expropriation "CARRIED"
Resolution #C-80-756
Moved by Councillor Cowman, seconded by Councillor Clarke
Baseline THAT the request contained in the letter dated May 14 1980
Community from the Baseline Community Centre Board be approved and
Centre referred to the Town Manager in co-operation with Mayor
Board Rickard, Councillor Holliday and Councillor Cowman to take
the necessary action with power to act.
"CARRIED"
Resolution #C-80-757
Moved by Councillor Cowman, seconded by Councillor Prout
Xiells' THAT the request contained in the letter dated May 20 1980
e�^s from J. Kamstra be approved and that the Director of
Public Works be requested to prepare a cost estimate for
? street lighting at Mitchells'Corners and report to the
Public Works Committee
"CARRIED"
Resolution #C-80-758
Moved by Councillor Hobbs, seconded by Councillor Prout
THAT the letter dated May 20 1980 from the Canadian
Imperial Bank of Commerce regarding amendment to sign by-law
be referred to the Planning and Development Committee
for consideration.
"CARRIED"
a
r v, f
Council Minutes -6- June 2 1980
Resolution #C-80-759
Moved by Councillor Hobbs, seconded by Councillor Prout
Member of THAT the letter from Sam Cureatz, M.P.P. dated May 16 1980
Board of be received and that a letter be sent to Mr. Cureatz
Education at advising him that Council would welcome a member of the
Planning and Board of Education in attendance at the meetings of the
Development Planning and Development Committee to keep the Board
Meetings up to date on any information and also that Mr. Cureatz
be advised of the schedule of meetings and that these
meetings are public.
"CARRIED"
Resolution #C-80-760
Moved by Councillor Prout, seconded by Councillor Cowman
"C-dar THAT the petition dated May 15 1980 from the residents
-`Crest of Cedar Crest Beach requesting a by-law to stop hunting
bOach and shooting in the area of Cedar Crest Beach from
Waverley Road East be approved and that the appropriate by-law
be presented at the next meeting.
Y
"CARRIED"
Resolution #C-80-761
Moved by Councillor Hobbs, seconded by Councillor Prout
V
THAT the letter dated May 20 1980 from Mr. Sam Cureatz, M.P.P.
regarding�TOnS g g parking restrictions be received and that Mr.
Cureatz be advised that the by-law has been in effect for 4
y years.
"CAMIED"
Resolution #C-80-762
y�r
4
Moved by Councillor Cowman, seconded by Councillor Prout
u' - THAT the letter dated April 7 1980 from the Canadian
Intercity Tourism Service be referred to the Planning and
Development Committee for recommendation.
r �
Council Minutes -7- June 2 1980
i.
Resolution #C-80-763
Moved by Councillor Hobbs, seconded by Councillor Barr
4
Bowmanville THAT the letter dated May 16 1980 from Mrs. M. E. Beamish,
High School Vice Principal of Bowmanville High School thanking Council
for their interest in the band activities on May 8, 9 and 10
1980 be received for information
"CARRIED"
Resolution #C-80-764
Moved by Councillor Prout, seconded by Councillor Hobbs
Tyrone THAT the letter dated June 2 1980 from the Village of
Community Tyrone Community Centre Board regarding selling beer at the
Centre Carling Cup Soccer Tournament in Tyrone Park on
Board June 14 1980 be received and that permission be granted
to sell beer in the basement of the hall and that a copy
of this resolution be sent to the Liquor Licence Board
of Ontario.
r ,
"CARRIED'
Resolution #C-80-765
Moved by Councillor Barr, seconded by Councillor Prout
ua C. Wright RE: Isabella C. Wright
on for Application for consent LD 15/80
Block 48, Hanning Plan former Village of Newcastle
Bening
WHEREAS the above captioned subject has been a matter of discussion
regarding a requirement of a 3.3 foot road widening by the Town
of Newcastle, and
WHEREAS it has been indicated that any possible widening of the
road (Mill Street South) in the area of the property involved would
be on the west side of the road - Ontario Hydro Owned Land - and
therefore not affecting the property involved (being on the
east side of road)
THEREFORE be it resolved that the 3.3 foot road widening f
requirement not be imposed on the property involved in the above
captioned subject.
Resolution #C-80-766
� .. Moved by Councillor Cowman, seconded by Councillor Hobbs
r
THAT the matter be referred to the Town Manager, Director of
Planning and the Director of Public Works for a report to
the next Council meeting.
"CARRIED"
� k x
Council Minutes -8- June 2 1980
Resolution #C-80-767
Moved by Councillor Barr, seconded by Councillor Prout
Isabella C. Wright Re:'. Isabella C. Wright
Application for Application for consent LD 15/80
consent Block 48, Hanning Plan, former
Development Levy Village of Newcastle
WHEREAS the above captioned subject has been a matter of
discussion and agreement between the Regional Municipality
of Durham Land Division Committee and Works Department and
WHEREAS in accordance with the attached Regional Municipality
of Durham Works Department letter dated December 27 1979,
the Regional Development Levies will not be imposed for the
reasons as indicated in the aforementioned letter
THEREFORE be it resolved that The Town of Newcastle Lot
Development charge of approximately Fifteen Hundred Dollars
($1500.00) not be imposed in the case of the above captioned
subject - taking into consideration the actions of the
Regional Municipality of Durham and the primary fact that the
net increase in units is NIL.
r
Resolution #C-80-768
Moved by Councillor Cowman, seconded by Councillor Hobbs
THAT the matter be referred to the Town Manager for a report
to the next meeting of Council.
"CARRIED"
Resolution #C-80-769
Moved by Councillor Cowan, seconded by Councillor Clarke
THAT the Chairman's report of the Planning and Development
Committee held on May 12 1980 be approved except for Item 6.
er�t i
"CARRIED"
Resolution #C-80-770
Moved by Councillor Couman second
ed by Councillor Hobbs
t
THAT Item 6 of the foregoing report be approved.
� "CARRIED"
Councillor Cowman advised that the meeting had been
arranged for June 24 1980.
4�
10,
x�
¢�
Council Minutes -9- June 2 1980
Resolution #C-80-771
i
Moved by Councillor Clarke, seconded by Councillor Barr
Finance THAT the Chairman's report of the Finance and Administration
and Committee held on May 13 1980 be approved except for items 5, 6 _.
Administration and 7.
Committee
"CARRIED"
Resolution #C-80-772
Moved by Councillor Cowman, seconded by Councillor Prout
Marketplan THAT item 5 of the foregoing report be approved.
Invoice
"CARRIED"
Resolution #C-80-773
f Moved by Councillor Cowman, seconded by Councillor Clarke
ME
f y.
penance & THAT item 6 of the foregoing report be approved.
fancy
aW "CARRIED"
Resolution #C-80-774
Moved by Councillor Barr, seconded by Councillor Prout
THAT this item be referred to Report #8 for discussion
"MOTION LOST"
Resolution #C-80-775
Moved by Councillor Prout, seconded by Councillor Clarke
THAT item 7 of the foregoing report be referred to the
next meeting of the Finance and Administration Committee
� and that Mr. Allin be advised to appear.
a "CARRIED"
IlResolution #C-80-776
f Moved by Councillor Prout, seconded by Councillor Barr
g __ ' " UMT the meeting be adjourned to 1:15 p.m.
(Time 12 noon) .
"CARRIED"�
, ..
Council Minutes -10- June 2 1980
Resolution #C-80-777
Moved by Councillor Clarke, seconded by Councillor Barr
Hydro THAT the Chairman's report of the Hydro Liaison
Liaison Committee meeting held on May 15 1980 be approved.
Committee
"CARRIED"
Resolution #C-80-778
i
Moved by Councillor Hobbs, seconded by Councillor Clarke
Public THAT the Chairman's report of the Public Vbrks Committee
Works Meeting held on May 22 1980 be approved except for
Committee items 1 and 11.
'CARRIED'
Resolution #C-80-779
Moved by Councillor Hobbs, seconded by Councillor Prout
-ton Pond THAT Item 1 of the foregoing report be approved.
"Street
Resolution #C-80-780
Moved by Councillor Cowman, seconded by Councillor Prout
THAT the words after the word traffic on the third
line be deleted and the following words substituted
"Whereas it is considered urgent that access be provided
across the Hampton pond,
Therefore it is recommended that budgets be reviewed with
the possibility of altering and/or transferring funds,
in that during 1980 design approvals are obtained from
all agency for the purpose of construction during 1981."
> "MOTION LOST"
Resolution #C-80-781
Moved by Councillor Prout, seconded by Councillor Clarke
E THAT Item 1 be referred back to the Director of Public Works
for recommendation to the next Council meeting to take
5 into account the concerns raised by members of Council.
"CARRIED AS AMENDED"
i
Council Minutes -11- June 2 1980
Resolution #C-80-782
Moved by Councillor Cowman, seconded by Councillor Barr
THAT the foregoing item be referred to Unfinished Business
for the Director to submit his report.
"CARRIED"
Resolution #C-80-783
Moved by Councillor Prout, seconded by Councillor Cowman
Acting THAT Councillor Hobbs be appointed Acting Chairman in
Chairmanthe absence of the Mayor.
"CARRIED'
The Mayor left the meeting at 2:00 p.m.
_ rr
Resolution #C-80-784
Moved by Councillor Prout, seconded by Councillor Cowman
ossing THAT item 11 of the foregoing report be approved.
"CARRIED"
Resolution #C-80-785
Moved by Councillor Cowman, seconded by Councillor Clarke
r
THAT the Town Clerk's report re application for amendment
to zoning by-laws be approved.
"CARRIED"
Resolution #C-80-786
I
Moved by Councillor Prout, seconded by Councillor Barr
r
THAT the Town Manager's report re Town of Newcastle Fitness
Centre be received for information. (TM-12-80)
"CARRIED"
Resolution #C-80-787
Moved by Councillor Prout, seconded by Councillor Barr
'H-IAT the Town Manager's report re Town of Newcastle Fitness
Centre dated May 13 1980 be received for information
iib (TM-13-80)
fh �� "CARRIED"
t
i
Council Minutes -12- June 2 1980
Resolution #C-80-788
Moved by Councillor Prout, seconded by Councillor Barr
Maintenance THAT the Town Manager's report re Resolution F-121-80
and dated May 15 1980 be approved. (TM-15-80)
Occupancy
y By-Law "CARRIED"
Resolution #C-80-789
I
t
F
Moved by Councillor Clarke, seconded by Councillor Barr
Municipal THAT the Town Manager and Treasurer's report re
Planning Municipal Planning Consultants be approved.
Consultants
"CARRIED"
Resolution #C-80-790
�w
Moved by Councillor Cowman, seconded by Councillor Clarke
ding THAT the Building Progress report for the Month of April
`e`ss 1980 be approved.
"CARRIED"
Resolution #C-80-791
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the By-Law Enforcement Officer's report re Taxi
E
Driver Licence Applications be approved.
I
ops "CARRIED"
Resolution #C-80-792
Moved by Councillor Cowman, seconded by Councillor Clarke
N ,
THAT the Director of Planning's report dated May 28 1980
re Doris and Wesley Hills be approved.
' "CARRIED"
Resolution #C-80-793
v
Moved by Councillor Clarke, seconded by Councillor Barr
THAT the Town Manager's report TM-17-80 be approved.
CARRIID
,
I
Council Minutes -13- June 2 1980
Resolution #C-80-794
Moved by Councillor Prout, seconded by Councillor Barr
WHEREAS on the 27th day of August, 1979, the
Corporation of the Town of Newcastle applied to expropriate
certain lands being Parts of Lots 33 and 34, and part of
the original allowance for road between Lot 32 and Lot 33,
Concession 2 in the Geographic Township of Darlington, in the
Town of Newcastle for the purpose of the construction,
installation and maintenance of a storm sewer outfall and a
storm water retention siltation pond;
AND WHEREAS a hearing of necessity was requested and held
on the 11th day of March, 1980 and the Inquiry Officer's
report was issued on the 21st day of March, 1980 finding
that, subject to certain modifications, the proposed taking
of the lands specifically referred to in the Inquiry Officer's
report are fair, sound and reasonably necessary in the achievement
of the objectives of the expropriating authority;
AND WHEREAS the Inquiry Officer's report is annexed hereto
as Schedule "A" hereto;
AND WHEREAS the lands owned by Norman Hanaka and Anne Hanaka
that form the subject matter of the application to expropriate
have or will be conveyed to the Corporation of the Town
of Newcastle by mutual agreement and it is no longer necessary
to proceed with the expropriation of these lands;
AND WHEREAS the lands shown as Parts 1 and 2 on the survey
attached hereto as Schedule "B" are the same lands referred
to in the Inquiry Officer's report with the exception of the
lands owned by Norman Hanaka and Anne Hanaka;
� AND WHEREAS Council has considered the report of the Inquiry
Officer;
BE IT RESOLVED AS FOLLOWS:
1. The report of the Inquiry Officer, Harold S. Goldkind,
attached hereto as Schedule "A" be and the same is hereby
approved for the following reasons:
a) The Corporation of the Town of Newcastle must provide
a storm water management scheme to contain a regional storm
for that portion of Courtice intended for residential
development south of Highway No. 2 and the lands proposed
to be expropriated form an intergral part of such scheme;
p b) Dr. A. E. King and Mrs. B. J. King having objected to
the application for expropriation and now having agreed to
f' the proposed modifications of the plan of expropriations,
which proposed modifications will preserve to the extent
Possible natural topography and vegetation in the ravine
that will form part of the storm water retention-siltation
f pond;
rvt
rr c) Council endorses the reasons of the Inquiry Offica
i
pouncil Minutes -14- June 2 1980
2. The Clerk be and the same is hereby directed to
prepare a by-law approving the Eixpropriation of
the lands shown as Parts 1 and 2 on the survey
attached hereto as Schedule "B".
TICARRIEDII
See Schedule "A" at the end of Minutes.
Resolution #C-80-795
Moved by Councillor Prout, seconded by Councillor Barr
Decoration THAT the Director of Conyomity Services report re
Day Decoration Day be approved.
t ICAMIEDI I
Resolution #C-80-796
Moved by Councillor Coviman, seconded by Councillor Prout
THAT Mr. Veltri's request for an amendment to the sign
by-law be referred to the Planning Depaxtment to report
to the Planning and Development Comittee.
I ICARRIEDI t
Resolution #C-80-797
Moved by Councillor Cowman, seconded by Councillor Clarke
THA T the request for parking outside of the Veltri
Building be referred to the Director of Public Works to
report to the Public Works Committee.
I ICARRIEDI T
Resolution #C-80-798
Moved by Councillor Cowman, seconded by Councillor Prout
IHAT the(hairman of the Conymmity Services Comittee,
the Director of Comunity Services, the Town Manager,
the Treasurer, the Mayor and Councillor Holliday meet
with the representatives of the Tyrone Hall Board to
bring back a report to the next Finance and Administration
Conrnittee meeting.
I ICAMIFDI I
t
i
I Council Minutes -15- June 2 1980
Resolution #C-80-799
Moved by Councillor Prout, seconded by Councillor Barr
THAT leave be granted to introduce the following by-laws:
By-Laws By-Law 80-65 being a by-law to amend By-Law 79-68
80-65 being a by-law to establish a Board of Management to operate
a museum on its behalf (Clarke Museum)
80-66 By-Law 80-66 being a by-law to amend Restricted Area
By-Law Number 1587, as amended, of the former Town of
80-67 Bomanville
80_68 By-Law 80-67 being a by-law to amend Restricted Area
By-Law Number 1592, as amended, of the former Township
80-69 of Clarke
By-Law 80-68 being a by-law to amend Restricted Area
By-Law Number 2111, as amended, of the former Township
of Darlington
By-Law 80-69 being a by-law to expropriate certain lands
required for the construction, installation and maintenance
of a storm sewer outfall and a storm water retention siltation
pond on parts Lots 33 and 34, Concession 2, in the Geographic
Township of Darlington, in the Town of Newcastle, Regional
Municipality of Durham
and that the said by-laws be read a first time
Resolution #C-80-800
Moved by Councillor Prout, seconded by Councillor Barr
THAT the second reading of the following by-laws be approved:
x 80-65, 80-66, 80-67, 80-68, 80-69.
I CARRIED''
f * N
•e'j
d {
Resolution #C-80-801
Moved by Councillor Prout, seconded by Councillor Barr
r,
THAT the third and final reading of the following by-laws
be approved: 80-65, 80-66, 80-67, 80-68, 80-69.
g
I CARRIED'
4
a
I
#71
I
i
i
4
Council Minutes -16-
June 2 1980
Resolution #C-80-802
Moved by Councillor Prout, seconded by Councillor Barr
parking THAT the Town Clerk be directed to advertise notice of '
By-Law By-Law 79-99 instead of advising all owners of industrial
7g_99 land and adjacent owners in the Bowmanville Planning Area.
"CARRIED"
Resolution #C-80-803
Moved by Councillor Cowan, seconded by Councillor Clarke
< -Weed Resolved that this Council authorizes the publication of
Control a Public Notice, regarding the destruction of weeds under
ct the provision of the Weed Control Act of the Province of
Ontario and directs the Regional Weed Inspectors to cause
noxious weeds or weed seeds to be destroyed in such a
G manner as they may deem proper and that the expenses incurred
by the said Weed Inspectors in the discharge of their
duties shall be placed on the Collector's Roll of this I,
municipality against the respective parcels concerned and
that such amounts shall be collected in the same manner
as taxes under The Municipal Act.
"CARRIED"
Resolution #C-80-804
f �
Moved by Councillor Cowan, seconded by Councillor Clarke
or THAT the following comunicatiom from Councillor Holliday
g regarding a possible conflict of interest be received for
information.
ft
"CARRIED"
To The Town of Newcastle Council
Statement from J. W. Holliday, June 2 1980
On May 23, 1980 It came to my attention that certain property II
near the Pine Ridge School Property was for sale and that ,
W. Frank Real Estate is acting as sales agent for the owner.
°# It was also brought to my attention that W. Frank was associated
� with the ownership of some property in lots 9 or 10 Concession II
in the former Township of Darlington.
p I have an association with W. Frank Real Estate and I do not believe
that any conflict exists between my position with W. Frank Real
Estate Ltd. and my position as a member of this Council in
relation to the Pine Ridge School property.
J
, I
Council Minutes -17- June 2 1980'
Nevertheless since allegations that I have a conflict
have been made in situations to this, and since allegations have
yet to be considered by the courts, I feel it best that I not
take part in the consideration or the discussion of the issue.
Moreover I will not vote on any question with respect to the
issue or attempt in any way to influence the voting on
any such question.
If the issue is raised in a future meeting I shall follow
the same course of conduct - at least until the courts
consider the other allegations made against me.
yours truly,
Jasper W. Holliday
To The Town of Newcastle Council
Statement from J. W. Holliday, June 2 1980
f On May 11 1980 while travelling through Burketon it came
to my attention that W. Frank Real Estate is acting as sales
agent for Burketon Hills Subdivision, Part Lots 18 and 19, �
Conc. 10, Darlington, and in view of the allegations that I
might have a conflict in other situations, I investigated
w r the ownership with Mr. Veltri and was advised that Mr. W. Frank
was involved in some of the ownership of this property.
On this basis I declare a conflict of interest and will not take
part in the consideration or discussion on this subject
property on issue and I will not vote on any question with
respect to this issue or attempt in any way to influence the
voting on any such question - at least until the courts
consider the other allegations made against me.
Jasper W. Holliday
To The Town of Newcastle Council '
Statement from J. W. Holliday, June 2 1980
I declare a conflict of interest regarding Real Estate matters
on thep roperty owned by Pythbow Developments Limited, Pt Lot II,
13 and 14, Con. 2 (Darlington) Bowmanville which was assigned to �!
W. Frank Real Estate Ltd for sale on May 23rd, 1980 by the owners.
This property is a potential commercial property and it might be
considered as a conflict of interest, and I will not vote on any
question with respect to this issue, or attempt in any way to
influence the voting on any such question - at least until the
courts consider the other allegations made against me.
Jasper W. Holliday
-18- June 2 1980
Council Minutes k
Resolution #C-80-805
Moved by Councillor Cowman, seconded by Councillor Prout
Upton THAT Item 1 of the Public Works Committee report be k ,
Pond lifted from the table.
and "CARRIED'
Mill Street
Mayor Rickard resumed the Chair at 2:40 p.m.
l
I
Resolution #C-80-806
fG 4
Moved by Councillor Hobbs, seconded by Councillor Prout
i
THAT Itern 1 of the Public Works report be tabled
to the next meeting for input by the Town Manager and
the Director of Public Works.
"CARRIED"
} 80-807
Resolution #C-
Moved by Councillor Prout, seconded by Councillor Hobbs
THAT a donation of $100.00 be given to the Oshawa.
al Festival Singers, to be paid out of civic funds
to help finance their trip to Penticton, B. C. r
"MOTION LOST"
Resolution #C-80-808
Moved by Councillor Prout, seconded by Councillor Hobbs
THAT leave be granted to introduce By-Law 80-70 �
�
being a by-law to confirm the proceedings of the
Council of the Town of Newcastle at this meeting held
on the second of June 1980.
I
"CARRIED" �
1
IIS
} ill
June 2 1980 t lig
-19-
Council Minutes
Resolution #C-80-809
Counc
seconded by
Moved by illor Hobbs
q {
Councillor Prout,
Law gp-70 be approved.
THAT the second reading of By- y
C�g,IED"
Recorded Vote:
Barr. ,Yea
Councillor B " " I
Councillor Clarke. ' . . ..Ye Yea
Councillor Cowman• • " ' y
. . .Yea
Councillor Hobbsout. • • • • • •Yea I
Councillor
,Yea
Mayor Rickard. . . •
Resolution #C-80-810
out seconded by Councillor Hobbs I
Moved by Councillor Pr roved.
Of
By 80-70 be app I
THAT the third and f inal reading IED '
"CARR
Resolution #C-80-811
' illor Prout
Councillor Hobbs,
seconded by Counc
Moved by
at 2
THAT the meeting adjourn :55 p•m•
journment ARR,IED"
AdC I
I
I
Garnet
B.
mayor i
Josephs . Mcllroy
Clerk
,II
SCHEDULE "A"
1 ,
THE EXPROPRIATION ACT
IN THE MATTER OF the proposed expropriation of
land by The Corporation of the Town of Newcastle
being part of Lot 33 and part of the original
allowance for road between Lot 32 and Lot 33,
Concession 2, in the Geographic Township of
Darlington, in the Town of Newcastle, Regional
Municipality of Durham, for the purpose of the
construction, installation and maintenance of
storm sewer outfall and a storm water retention-
siltation pond, and more particularly described
r
in the Notice of Hearing herein
a,
REPORT OF INQUIRY OFFICER
�� 4r
; > INQUIRY OFFICER: Harold S. Goldkind
` DATE OF INQUIRY: March 11th, 1980
� LOCATION OF INQUIRY: Bowmanville,
132 Church Street West
PRESENT:
The Corporation of the By its solicitor:
Town of Newcastle Mr. David J. D. Sims, Q.C. ,
117 King Street, Box 358
}
Whitby, Ontario.
>t# L1 N 4Z1
t Dr. A. E. King and Appearing as their solicitor:
Mrs. B. J. King Mr. David B. Thomas,
11 Simcoe Street North,
t Suite 303,
Oshawa, Ontario.
L19 4R7
t
}
Mr. Gordon A. Vinson Attended as an observer
r
x},
The subject matter of this Inquiry is an application by the
s}.
Town of Newcastle to expropriate certain lands for the purpose of im-
plementing a drainage scheme to service part of Courtice, south of Highway
No. 2.
The land in this area is designated for future residential
�t development in the Official Plan for the Region with a projected population
{
of about 20,000 people.
ti
The lands which are the subject matter of this Inquiry are de-
signated as Parts 1 , 2, 3 and 4 on a Plan of Merrill D. Brown Limited,
s F File No. 78317-EX, dated January 16th, 1979, and marked as Exhibit 3. The
>� lands run from Prestonvale Road on the east to just west of Farewell Creek
�4
t
on the west.
The Applicant's original scheme provided for a storm sewer on
fi Part 3 and a retention pond on Part 2, and part of Part 1 , and an outfall
and dam on Part 1 . The Applicant requests a fee simple taking in Parts 1 ,
r�
2 and 3, and a temporary working easement on Part 4 for a two year period.
The owners of Parts 3 and 4 are Norman and Anne Hanaka, who,
although not parties, attended at the Inquiry. Mr. and Mrs. Hanaka informed
l
4 me that they did not want to be joined as parties and were attending as
observers. They gave no submissions nor comments, although I did invite
}` the same prior to the end of the Inquiry from all persons in attendance.
` Dr. and Mrs. King are the owners of Part 2 on Exhibit 3. Their
fi
}t;
ktz concern relates to the effect of the proposed taking on their remaining
,t4
lands and its suitability for residential development. As well , they are
concerned about the effect.,of the project on the environment. Most of the
}a � pond will be located on the King property in a ravine. Storm sewers and
;R
outfall are designed to contain a Regional storm (that of an intensity of
a Hurricane Hazel type of storm) without more extensive damage to Farewell
Creek than would now occur without development taking place. The original
scheme contemplated excavation in the ravine and the resulting change of
some of the topography.
I was informed at -)he Hearing by the solicitors for Dr. and Mrs.
King and for the Applicant that these parties have reached an agreement with
regard to an alternative scheme which involves the following basic principles:
(a) The area of land to be acquired from Dr. and Mrs. King has
i
fn
n
{< - 2 -
{
{
t
been altered so that rather than taking Part 2 on Exhibit 3, the limits
of the lands to be acquired are settled on as those lands outlined in a
pink outline on a Plan filed as Exhibit 4, and designated as a Plan
s
, prepared by Totten, Sims, Hubicki Associates Limited, and dated March, 1980,
and shown as Drawing 1 , Project 2306. The area bordered in pink outline
t`-
is just outside the limit for flooding in a Regional storm;
fl{
(b) The natural topography of the ravine will be retained where
�({ possible and there will be no excavation to afford increased storage
11l
R
capacity as originally planned. In order to contain the anticipated water,
` it will be necessary to keep the water stored at a higher level in the pond,
1
and, therefore, the water will flow further up the banks in some areas on
t
the King property. Accordingly, there will be a change in the configuration
of the lands to be acquired from Dr. and Mrs. King, and this change is shown
on Exhibit 4.
From the evidence, it also appears that the Applicant can reduce
the taking of part of the most northerly section of the revised and agreed
upon configuration of land, in order to permit the building of a proposed
roadway on the lands remaining to Dr. and Mrs. King. I recommend that the
Applicant make reasonable efforts to assure that this most northerly section
of land required for a future road be available to Dr. and Mrs. King and be
omitted from the proposed expropriation.
It is important to point out that the design of the pond con-
templates it to be a dry pond. In operation, the flood water will be stored
f>
; in the pond behind a dam (to be erected in Part 1 , on Exhibit 3) . The
1
water will then be released, with control of the flow, into Farewell Creek.
Part 1 on Exhibit 3 will contain part of the pond, and the outfall
2 3
4�
to carry the water to Farewell Creek and a dam to control the water flow.
The Applicant will control erosion in the outfall ditch and in the creek
area.
�t
N The Applicant's change in its scheme for this storm sewer control
Wh
project also envisages additional acquisitions of land on either side of
't Part 1 to a width of ten feet. However, as there is no agreement with the
t,n";'
� ,4' owners of Part 1 for an additional land acquisition, I cannot approve the
1
expropriation of additional land from the Balson Estate, but I do approve
NI,
S
Iv.
i� ;slit
;E of the expropriation of Part 1 , as shown on Exhibit 3.
a � Based on the evidence and agreements between the parties, I find
that the objective of the Applicant is to establish a storm sewer control
Y system in the area shown on Exhibit 4, made up of a storm sewer, an outfall
and a storm water retention pond.
I also find that the taking of the lands designated as Parts 1 ,
3 and 4 on Exhibit 3 (Plan of Merrill D. Brown Limited, File No. 78317-EX)
and the lands outlined in a pink border on Exhibit 4 (Drawing 1 - March,
1980, by Totten, Sims, Hubicki Associates Limited, Project 2306) are fair,
sound and reasonably necessary in achievement of the objectives of the
} expropriating authority. I also recommend that the Applicant make reason-
'
4 able efforts to try and accommodate Dr. and Mrs. King as previously set out.
I recommend payment of costs to Dr. and Mrs. King of $200.00.
I also attach a copy of a letter from Mr. Bastedo, dated March 5th,
t e 1980.
e Har S! Goldkind INQUIRY OFFICER
zt
�3
Z.
y{ i
{
z
zIV
1i?k
St(ia