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Home My WebLink About11/3/1980 TOWN OF NEWCASTLE Council Minutes November 3 1980 Minutes of a regular meeting of Council held on November 3 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 Jasper W. Holliday at 9:40 a.m. Councillor Maurice Prout Town Clerk, J. M. McIlroy Also present: A.C. Guiler, Town Manager K.Degroot, Treasurer D. Smith, Director of Planning T. A. Fanning, Director of Comynunity Services J. Dunham, Director of Public Works Resolution #C-80-1350 Moved by Councillor Barr, seconded by Councillor Prout Council THAT the minutes of the Council meeting held on October Minutes 20 1980 be approved as read. "CARRIED" Mr. A.Strike appeared before Council requesting Council to grant an encroachment for a house on 12 Brown Street, Bowmanville under Section 354 (1) paragraph 93 of the Municipal Act. Miss L. Stocco appeared before Council in support of the recommendations contained in the Planning Director's report P-82-80 (Subdivision 18T 79038 and 18T 77001). Mr. John Hoddenbagh appeared before Council with regard to the Sucee Subdivision agreement. Resolution #C-80-1351 Delegations Moved by Councillor Prout, seconded by Councillor Holliday THAT the following be heard in delegation: Mr. P. Feddema, Mr. Bill Vroom, Mr. D. Roy, Mr. Ron Sucee and Mr. Jan Rekker. "CARRIID" Council Minutes -2- November 3 1980 Mr. R. Sucee spoke in relation to his proposed plan of subdivision. Mr. Feddema spoke in regards to a Proposed subdivision agreement between his company, One Fourth Investments Limited and the Town. Mr. Vroom spoke to Council requesting permission to retain the present building on High Street while building a new home on the same lot. Mr. Roy addressed Council regarding a subdivision agreement between D. R. Agencies (Oshawa) Ltd. and the Town, particularly in relation to park land which he wished to retain in private ownership. Mr. Rekker spoke in opposition to report #13 which was a recomkendation to appeal against a decision of the Committee of Adjustment with regard to his parent's property. Resolution #C-80-1352 Moved by Councillor Co4nan, seconded by Councillor Clarke Recess THAT there be a 10-minute recess. Resolution #C-80-1353 Adjournment THAT the meeting beadjourned at 12 noon and be reconvened at 1:15 p.m. to deal with matters for which delegations were present. TICARRIEDII Resolution #C-80-1354 Moved by Councillor Clarke, seconded by Councillor Barr Disposition THAT the disposition of comnunications to be received for of information be approved except for Items 1-2, 1-3, Camiunications 1-4 . I-1 Liquor Licence Board of Ontario re 7 Star Family restaurant application for licence 1-5 Minutes of the Port Hope Floodplain Management Camdttee, Septenber 11 1980 1-6 Ganaxaska, Region Conservation Authority Minutes of the Natural Resources Advisory Board,September 25 1980 F Council Minutes -3- November 3 1980 Resolution #C-80-1356 Moved by Councillor Hobbs, seconded by Councillor Holliday Skinner THAT the letter dated October 24 1980 from the Regional Springs Cormu.ssioner of Works regarding Skinner Springs be received for information. "CARRIED AS AMENDED" Resolution #C-80-1357 Moved by Councillor Holliday, seconded by Councillor Prout THAT the foregoing resolution be amended to provide that a letter of appreciation be sent to the Regional Works Committee thanking them for their prompt remedial action. "CARRIED" Resolution #C-80-1358 Moved by Councillor Cowman, seconded by Councillor Hobbs 10 Ministry of THAT the letter dated October 15 1980 from the Ministry of the the Environment regarding old waste disposal sites be received Environment for information. "CARRIED AS AMENDED" Resolution #C-80-1359 Moved by Councillor Cowman, seconded by Councillor Hobbs THAT the foregoing resolution be amended to provide that I the Town Clerk write to the Ministry of the Environment r asking them to identify their concerns regarding the m two areas referred to in the Town of Newcastle. 'CARRIED'' Resolution #C-80-1360 Moved by Councillor Prout, seconded by Councillor Holliday Newcastle THAT the letter dated October 22 1980 from the Secretary Fitness of the Splash Organization be received and that Splash Centre be given approval to go ahead and make plans for the opening of the Fitness Centre but to report back to Council with regaxd.s to their plans. "CARRIED" Council Minutes -4- November 3 1980 l� 10 Resolution #C-80-1361 Moved by Councillor Holliday, seconded by Councillor Barr Ministry THAT the letter dated October 10 1980 from the Ministry of Housing of regarding Corm7unity Services Contribution Program be received Housing and that the Ministry be advised of Council's intention to Participate in the 1981 program in the event that the agreement is offered by the Federal Government. Resolution #C-80-1362 Moved by Councillor Cowman, seconded by Councillor Holliday THAT the foregoing communications be referred to the Director of Planning to report to the Planning and Development Comnittee. 'CARRIED' Resolution #C-80-1363 Moved by Councillor Holliday, seconded by Councillor Prout International THAT the letter from the International Joint Commission Joint regarding public hearings on phosphorus be received for Commission information. } "CARRIED„ Resolution #C-80-1364 Moved by Councillor Holliday, seconded by Councillor Hobbs Ministry THAT the letter dated October 16 1980 from the Ministry of of Housing regarding proposed amendment #24 to the Regional Housing Official Plan be received for information. "CARRIED" Resolution #C-80-1365 7 Moved by Councillor Holliday, seconded by Councillor Prout Assessment THAT the letter dated October 20 1980 from the Northumberland Equalization and Newcastle Board of Education regarding the new assessment Factors equalization factors be received and that the Board be advised that Council is interested in joining in the preparation of a w brief regarding the use of the new assessment equalization factors. "CARRIED" G Council Minutes -5- November 3 1980 14 !1 - Mayor Rickard left the Chair at this time and Councillor Prout took over as Acting Mayor., Resolution #C-80-1366 Moved by Councillor Holliday, seconded by Councillor Barr Recess THAT the meeting recess until 1:15 p.m. (time - 12 noon). "CARRIED" The meeting reconvened at 1:15 p.m. with the same people in attendance with the exception of Councillor Barr. (Councillor Barr joined the meeting at 3:05 p.m.) Resolution #C-80-1367 Moved by Councillor Hobbs, seconded by Councillor Cowman Committee of THAT the meeting be in "Committee of the Whole" the Whole "CARRIED" Resolution #C-80-1368 Moved by Councillor Prout, seconded by Councillor Cowman THAT Mr. Strike be heard. "CARRIED" Resolution #C-80-1369 Moved by Councillor Hobbs, seconded by Councillor Prout Encroachment THAT Council concur with Mr. Strike's request regarding the 12 Brown Street encroachment at 12 Brown Street, Bowmanville. Resolution #C-80-1370 Moved by Councillor Hobbs, seconded by Councillor Prout THAT the foregoing resolution be amended to provide that the Town Policy be amended accordingly. Resolution #C-80-1371 Moved by Councillor Cowman, seconded by Councillor Clarke THAT Mr. Strike's request be referred to the Mayor and Staff to seek a reasonable solution to this problem and that the Mayor be given power to act to resolve the matter or bring Council together before the end of the week if necessary. (See Resolution #C-80-1377) "CARRIED" Council Minutes -6- November 3 1980 , 5 Resolution #C-80-1372 Moved by Councillor Cowman, seconded by Councillor Clarke Remlark Holdings THAT the Planning Director's report P-192-80 dated November 3 and 1980 be approved and the following resolution adopted by Goldfan Holdings Council and forwarded to the Ministry of Housing: WHEREAS the Town of Newcastle has carefully considered the objection to the approval of subdivisions 18T-79038 and 18T-77001 filed with the Minister of Housing on behalf Of Durcourt Investments Limited; AMID WHEREAS the Town has endeavoured to promote the development of the Courtice Urban Area; AND WHEREAS the Minister of Housing has approved the Durham Regional Official Plan as it applies to the Courtice Area; AND WHEREAS the Minister of Housing has approved Amendment No. 12 to the Official Plan of the former Township of Darlington; AND WHEREAS Amendment No. 12 brings the Darlington Official Plan into conformity with the Regional Official Plan as it applies to the Courtice Area; AND WHEREAS the Town of Newcastle has undertaken a Storm Water Management Study for the Courtice Area in accordance with the provisions of Amendment No. 12; AND WHEREAS the Town of Newcastle has undertaken a study of the Storm Water Management facilities required for the approval of subdivision plans 18T-76027 and 18T-76048 in accordance with its obligations under the Ontario Housing Action Program agreements applicable to the said plans; AND WHEREAS the Town of Newcastle has expropriated certain lands to allow for the development of subdivision 18-76027 and 18T-76048 and is proceeding with the design and construction of the said engineering works; AND WHEREAS with the completion of these works, the said subdivision plans 18T-76048 and 18T-76027 may be registered and will form a residential basis for the development of the Courtice Community Central Area; AND WHEREAS the Town of Newcastle has further supported the 12 development of the Community Central Area through the Provisions of recreational facilities and through its actions at the Ontario Municipal Board in support of the commercial component of the Courtice Community Central Area; AMID WHEREAS the designation of a Community Central Area in Courtice has been supported by the Municipal Board and upheld by the Lieutenant Governor in Council; z ,r Council Minutes -7_ Nopember 3 1980 AND WHEREAS the Town has adopted a policy in respect of the staging of the development in Courtice; AND WHEREAS such policy does not prohibit the approval of draft plans of subdivision in any area of the Courtice Urban Area; AND WHEREAS the Minister of Housing has approved subdivision Plan 18T-77002 without the requirement of a staging Policy for the development of Courtice; AND WHEREAS the Town has recommended approval of subdivision plans 18T-79038 and 18T-77001 on the basis that they meet all the requirements of Amendment No. 12 to the Darlington Official Plan and meet the requirements of theneighbourhood development plans approved by Town Council pursuant to Amendment No. 12; AND WHEREAS the approval of subdivision plans 18T-79038 and 18T-77001 will further support the development of the Community Central Area-and axe in keeping with the previous actions of the Town of Newcastle; AND WI3EAS' Section 6.8.2, subsection (iii) does not apply to the approval of subdivisions 18T-79028 and 18T-77001. f BE IT NOW THEREFORE RESOLVED that the Town of Newcastle hereby petitions the Minister of Housing to exercise his discretion y and not refer the subdivision plans to the Ontario Municipal Board on the basis that such a referral would cause a further delay in the development of the Courtice Area and would thereby be contrary to Municipal, Regional and Provincial interests; and BE IT FURTHER RESOLVED that the Town requests the Minister to grant approval of proposed plans of subdivision 18T-77001 and 18T-79038 forthwith. %rte "CARRIED" Resolution #C-80-1373 Moved by Councillor Holliday, seconded by Councillor Cowman ( Sucee THAT Report P-190-80 of the Director of� Planningbe approved Subdivision on the basis of the changes indicated on the reand also � port and also the concerns indicated verbally by the Director of Planning and the Director of Public Works. "CARRIED" f E Council Minutes -8- November 3 1980 Resolution #C-80-1374 Moved by Councillor Hobbs, seconded by Councillor Prout One THAT Report P-188-80 of the Director of Planning be Fourth referred to the Staff to include the Director of Planning, the Investments Director of Public Works and the Town Manager to meet with Mr. Feddema to resolve the problems and make recommendations. "CARRIED" Resolution #C-80-1375 Moved by Councillor Clarke, seconded by Councillor Holliday D. R. Agencies THAT the D. R. Agencies Subdivision be reconsidered in the (Oshawa) Ltd. light of the inequities presented by the owner on November 3 1980 to this Council and be it resolved that the valley or hazard land remain in the present ownership with the following conditions on the present owner: 1) that the present owner only retains the ownership of the valley/hazard lands as long as he retains and resides in one of the residences on the subject subdivision 2) will convey the valley/hazard lands to public ownership at a cost established by an independent appraisal, to the town, in the event that the present owner sells or terminates residence in the subject subdivision 3) that the present owner will convey to public ownership those subject lands required for storm and or water quality management at a time required by the Town and or CLOCA at an independent appraised price 4) that all the above be registered against title as all the above is in keeping with Town policy regarding Parkland Dedication paragraph 2. Resolution #C-80-1376 Moved by Councillor Holliday, seconded by Councillor Cowman THAT the foregoing resolution be tabled and referred to Staff and Solicitor to report back. "CARRIED" w . Council Minutes -9- November 3 1980 Resolution #C-80-1377 Moved by Councillor Hobbs,seconded by Councillor Prout Encroachment THAT the Policy for encroachment as set out in Resolution W-265-80 of the Works Committee and approved by Council Resolution #C-80-1265 be rescinded, THAT Staff be instructed to prepare a by-law granting the encroachment on Church Street as requested by Alan and Hazel Raby for the life of the existing building in accordance with Section 359 Sub (1) pax (93) of the Municipal Act, THAT no further encroachments be considered until the Public Works Committee recommends a new policy to Council to be adopted by by-law. "CARRIED" Resolution #C-80-1378 Moved by Councillor Cowman, seconded by Councillor Hobbs Rekker THAT the report #P-189-80 of the Director of Public-Works be received for information and no action be taken. 'CARRIED' Resolution #C-80-1379 Moved by Councillor Hobbs, seconded by Councillor Clarke Mr. Vroom THAT Council concur with the request of Mr. Vroom to retain a building on his lot while building a new home on High Street, Bowmanville, subject to the proper agreement being drawn up. r'CARRIED'i l Resolution #C-80-1380 Moved by Councillor Cowman, seconded by Councillor Holliday Committee THAT the Committee rise. Rise "CARRIED" Resolution #C-80-1381 Moved by Councillor Hobbs, seconded by Councillor Cowman Actions THAT the actions taken In Committee of the Whole be approved. Taken f%- "CARRIED" i E Council Minutes -10- November 3 1980 .x Resolution #C-80-1382 Moved by Councillor.Holli.day, seconded by Councillor Prout Off-Road THAT the letter dated September 24 1980 from the Regional motorized Municipality of Peel regarding control of off-road vehicles motorized vehicles be referred to Staff for recommendations with regard to implementation. "CARRIED" Resolution #C-80-1383 Moved by Councillor Hobbs, seconded by Councillor Holliday Waverley THAT the petition sent by 249 residents of the Waverley Gaxdens Gardens area regarding the tunnel under Martin Road be Tunnel referred to the Finance and Administration Committee and that a delegation be invited to attend when the matter is discussed. 'CARRIED' k Resolution #C-80-1384 Moved by Councillor Prout, seconded by Councillor Hobbs Community THAT the Chairman's report of the Community Services Services Committee meeting held on October 27 1980 be approved Committee except for items 6 and 7. "CARRIED" Resolution #C-80-1385 Moved by Councillor Prout, seconded by Councillor Cowman Workmen's THAT Item 6 of the foregoing report be approved. compensation "CARRIED" Resolution #C-80-1386 %°- Moved by Councillor Prout, seconded by Councillor Holliday Agreement- THAT Item 7 of the foregoing report be approved. Martin Road Park "CARRIED" �4� Council Minutes -11- November 3 1980 Resolution #C-80-1387 Moved by Councillor Cowman, seconded by Councillor Clarke Planning THAT the Chairman's report of the Planning and Development and Committee meeting held October 2T1980 be approved. Development Committee "CARRIED" Resolution #C-80-1388 Moved by Councillor Hobbs, seconded by Councillor Holliday Public THAT the Chairman's report of the Public Works Committee Works meeting held October 28 1980 be approved except for Items 13 Committee and 21. "CARRIED" Resolution #C-80-1389 Moved by Councillor Hobbs, seconded by Councillor Holliday Summerfield THAT Item 13 of the foregoing report be approved. Court Drainage Resolution #C-80-1390 Moved by Councillor Prout, seconded by Councillor Holliday THAT the foregoing resolution be amended to provide that Alternative #1 be approved at a cost of $1750. i c Resolution #C-80-1391 Moved by Councillor Hobbs, seconded by Councillor Cowman THAT the matter be referred back to Staff to report to the Public Works Committee. "CARRIED" Resolution #C-80-1392 Moved by Councillor Holliday, seconded by Councillor Cowman Parking - THAT Item 21 of the foregoing report of the Public Works Queen Street Committee be approved. "CARRIED" k Council Minutes -12- November 3 1980 Councillor Barr rejoined the meeting at this time: 3:05 p.m. Recorded Vote on Resolution #C-80-1392 Councillor Barr.. . . . . . .Nay Councillor Clarke. . . . . .Yea Councillor Cowman. . . . . .Yea Councillor Hobbs. . . . . . .Yea Councillor Holliday. . . .Yea Councillor Prout. . . . . . .Nay Mayor Rickard. . . . . . . . . .Yea Resolution #C-80-1393 Moved by Councillor Hobbs, seconded by Councillor Prout Weight THAT the Director of Public Works report re weight Restrictions restriction by-law, Hampton Mill Pond Bridge be approved. "CARRIED" Resolution #C-80-1394 Moved by Councillor Holliday, seconded by Councillor Prout Newcastle THAT The Newcastle Fitness Centre Building Committee � Fitness report of meeting held October 6 1980 be approved. Centre I . ''CARRIED'' Resolution #C-80-1395 Moved by Councillor Prout, seconded by Councillor Hobbs Armistice THAT the Town Clerk's report re Armistice Celebrations be approved. Celebrations t "CARRIED" Resolution #C-80-1396 Moved by Councillor Holliday, seconded by Councillor Prout Bicycle THAT the Town Clerk's report re Bicycle By-Law be approved. By-Law "CARRIED" Resolution #C-80-1397 Moved by Councillor Prout, seconded by Councillor Hobbs Clarke THAT the Town Manager's report re Clarke Museum Board Museum be approved. Board "CARRIED" fi ffi Council Minutes -13- November 3 1980 Resolution #C-80-1398 Moved by Councillor Prout, seconded by Councillor Hobbs Workmen's THAT the Town Manager's report re Resolution CS-155-80 Compensation Workmen's Compensation for Volunteer Firemen be approved. "CARRIED" Resolution ##C-80-1399 Moved by Councillor Holliday, seconded by Councillor Prout Taxi THAT the Town Clerk's report re taxi drivers licence be approved. Drivers Licence "CARRIED" Resolution #C-80-1400 Moved by Councillor Holliday, seconded by Councillor Prout Fence THAT the Town Clerk's report re Fence Viewers be approved. Viewers "CARRIED" Resolution #C-80-1401 Moved by Councillor Cowman, seconded by Councillor Hobbs O24 .P.A. THAT the Director of Planning's report re Regional Official 1 Plan Amendment No. 24 be approved. 'CARRIED' Councillor Holliday declared a possible conflict of interest on this item and left the table during discussion and voting. Resolution #C-80-1402 Moved by Councillor Prout, seconded by Councillor Hobbs Pool THAT the Director of Community Services report re Commercial Operators Pool Operators Workshop be approved. Workshop "CARRIED" w Council Minutes -14- November 3 1980 Resolution #C-80-1403 Moved by Councillor Barr, seconded by Councillor Prout THAT leave be granted to introduce the following by-laws: 80-144 80-144 being a by-law to restrict the weight of vehicles Passing over a bridge 80-145 80-145 being a by-law to amend By-Law 74-23, which is a by-law to authorize a levy on the whole of the assessment for real property and business prior to adoption of the annual estimates 80-146 80-146 being a by-law to authorize the entering into an Agreement with Stewart Preston 80-147 80-147 being a by-law to appoint fence viewers in the Town of Newcastle and for their remuneration 80-148 80-148 being a by-law to amend Restricted Area By-Law Number 2111, as amended; of the former Township of Darlington 80-149 80-149 being a by-law to amend By-Law Number 76-25, as amended, of the Corporation of the Town of Newcastle 80-151 80-151 being a by-law to authorize the entering into an Agreement with Ronald J. Sucee and Gertrude Irene Sucee and that the said by-laws are now read a first time. "CARRIED" Resolution #C-80-1404 Moved by Councillor Barr, seconded by Councillor Prout THAT the second reading of the following by-laws be approved: 80-144, 80-145, 80-146, 80-147, 80-148, 80-149 and 80-151. ''CARRIED'' Resolution #C-80-1405 Moved by Councillor Barr, seconded by Councillor Prout THAT the third and final reading of the following by-laws be approved: 80-144, 80-145, 80-146, 80-147, 80-148, 80-149 and 80-151. � "CARRIED':' Resolution #C-80-1406 =` Moved by Councillor Barr, seconded by Councillor Prout By-Law THAT leave be granted to introduce by-law 80-150 being a by-law 80-150 to authorize the entering into an Agreement with Dirk Kok KOK and that the said by-law be now read a first time. "CARRIED" Council Minutes -15- November 3 1980 Councillor Holliday reported a conflict of interest in this by-law and took no part in voting or discussions. Resolution #C-80-1407 Moved by Councillor Barr, seconded by Councillor Prout THAT the second reading of By-Law 80-150 be approved. "CARRIED" Resolution #C-80-1408 Moved by Councillor Barr, seconded by Councillor Prout THAT the third and final reading of By-Law 80-150 be approved. 'CARRIED' Resolution #C-80-1409 Moved by Councillor Holliday, seconded by Councillor Prout Planning THAT Report #2, the Planning and Development Committee and report of October 27 1980 be reconsidered. Development Committee Recorded Vote: Councillor Baxr. . . . . . .Yea Councillor Clarke. . . . .Yea ` Councillor Cowman. . . . .Nay Councillor Hobbs. . . . . .Nay Councillor Holliday. . .Yea Councillor Prout. . . . . .Yea Mayor Rickard. .. .. . . . . Yea "CARRIED" Resolution #C-80-1410 Moved by Councillor Hobbs, seconded by Councillor Barr THAT the Planning and Development Committee report of October 2.7 1980 be aproved with the exception of l Items 2 and 8. Councillor Holliday declared a possible conflict of interest with regard to Item 2 and took no part in the discussions or voting. Resolution #C-80-1411 Moved by Councillor Clarke, seconded by Councillor Prout Newtonville THAT Item 2 of the foregoing re Plan g g port be approved. ''CARRIED'' fir,<. Council Minutes -16- November 3 1980 Resolution #C-80-1412 Moved by Councillor Hobbs, seconded by Councillor Barr Development THAT Item 8 of the foregoing report be approved. Agreement (Kok) "CARRIID" Councillor Holliday declared a possible conflict of interest with regard to Item 8 and took no part in the discussions or voting. Resolution #C-80-1413 Moved by Councillor Holliday, seconded by Councillor Barr Meeting THAT the Finance and Administration Committee meeting cancelled originally scheduled for November 6th, 1980 be cancelled. "CARRIID" Resolution #C-80-1414 Moved by Councillor Prout, seconded by Councillor Holliday Fertiliser THAT at the present time in the Town of Newcastle there Pits is a very dangerous situation existing as there are many fertiliser pits allowed which are not fenced in and I am moving that the Planning staff be asked to make a recommendation r at the next Planning and Development Meeting. -v w;, "CARRIID" Resolution #C-80-1415 Moved by Councillor Cowman, seconded by Councillor Clarke Review THAT the Town Manager's next review of staff refer to Of replacement of the Deputy Director of Public Works and Staff to report on the estimated costs of savings in the operation of an engineering departmentas compared to the cost of engineering consultants. "CARRIED" Resolution #C-80-1416 Moved by Councillor Prout, seconded by Councillor Hobbs By-Law THAT leave be 80-152 granted to introduce By-Law 80-152 being a by-law >.: to confirm the proceedings of the Council of the Town of Newcastle at this meeting held on the Third day of November 1980 and that the said by-law be now read a first time. "CARRIED" Council Minutes -17- November 3 1980 Resolution #C-80-1417 Moved by Councillor Prout, seconded by Councillor Hobbs THAT the second reading of By-Law 80-152 be approved. "CARRIED" Resolution #C-80-1418 Moved by Councillor Prout, seconded by Councillor Hobbs THAT the third and final reading of By-Law 80-152 be approved. "CARRIED" r Resolution #C-80-1419 Moved by Councillor Hobbs, seconded by Councillor Holliday Adjournment THAT the meeting be adjourned at 3:45 p.m. "CARRIED" E z I l Garnet B. Rickard-- C' Mayor Joseph M. McIlroy Clerk - 4,