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HomeMy WebLinkAbout05/14/1990 -c '-' '- -.. TOWN OF NEWCASTLE COUNCIL MINUTES MAY 14, 1990 ROLL CALL Present Were: Absent: Also Present: MINUTES DELEGATIONS Minutes of a regular meeting of Council held on Monday, May 14, 1990, at 9:30 a.m., in the Council Chambers Acting Mayor L. Harmah Councillor P. Deegan Councillor K. Hooper Councillor F. Stapleton Councillor A. Wotten Mayor M. Hubbard (On Vacation) Councillor D. Hamre (On Municipal Business) Acting Chief Administrative OtrICer, W. Evans Director of Community Services, J. Caruana Fire Chief, M. Creighton Manager, Strategic Planning, D. Crome Deputy Treasurer, J. Rzeszut Town Clerk, P. Barrie Councillor Stapleton led the meeting in prayer. Resolution #C-335-90 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the minutes of a regular meeting of Council held on April 30, 1990, be approved. "CARRlED" Resolution #C-336-90 Moved by Councillor Wotten, seconded by Councillor Deegan THAT Mr. Sid Bariah, Mr. Dickson Wood and Mrs. Ruth Johann be added to the list of delegations. lICARRIED" Council Minutes - 2- May 14, 1990 "'"" DELEGATIONS Ms. Thea Dorsey, Willms & Shier, 73 Richmond St., Suite 200, Toronto, M5H lZ4, appeared before Council with respect to the Site Plan approval for the transportation and storage system to be located at St. Marys dock. She indicated that the proposed system of the three silos and conveyor is proposed for the outgoing transportation of clinker, however, the incoming material will still be stored on the dock and therefore, the level of dust eminating from the site will still be high. Ms. Dorsey indicated that further studies of noise and dust are required for the area. She stated that St. Marys has indicated that placing these silos on the land rather than on the dock is not feasible, however, they did not indicate why a longer conveyor system is not possible. She also questioned whether St. Marys has considered alternate arrangements for the silos and indicated that the company is still refusing to meet with the residents over their concerns. '- Mr. John Willms, Willms & Shier, 73 Richmond Street, Suite 200, Toronto, M5H lZ4, appeared before Council on behalf of the Port Darlington Community Association. Mr. Willms indicated that the residents are not opposed to St. Marys expansion, ouly that they wish for some dialogue with St. Marys. The residents have raised some serious environmental concerns and the nuisance generated by St. Marys plant is continuing and growing larger. At an open house in November 1989, St. Marys indicated that their consultants would be doing studies with input from the residents in the area, however, Mr. Willms indicated that this has not happened. He stated that St. Marys have not completed their independent work and outside agencies have not yet commented on the proposal and therefore he requests that the Addendum to Report PD-I69-90 be referred hack to staff to request that St. Marys deal with these issues, most particularly those which most affect the individuals in the area. Mr. Ted Ciecuira, Planning Consultant, Design Plan Services, 385 The West Mall, Suite 303, Etobicoke, M9C 1E7, was present to answer questions of Council with respect to the Subdivision Application submitted by West Bowmanville Developments and indicated his client's concurrence with the recommendations contained in Report PD-123-90. Mr. Sid Barish, Dickie Dee Ice Cream, 55 Newkirk Road North, Richmond Hill, L4C 3G4, requested Council's support for a licence to operate three ice cream bicycles in the Town of Newcastle. He indicated that Dickie Dee has operated in Newcastle for a number of years, with the exception of the last two or three. In the years of operation, the company has received no complaints from residents in the Town. Mr. Dickson Wood, St. Marys Cement Corporation, indicated that the proposal submitted by St. Marys Cement for a new transportation and storage system on their dock has been reviewed by the Ministry of the Environment and CertifIcates of Approval have been issued. Mr. Wood indicated that St. Marys accepts the terms of approval as outlined in the Addendum to Report PD-169-90 with the exception of the erection of a berm or barrier fence not less than 5 metres in height. He requested that this height requirement be amended to 3 metres. Mr. John Willms requested to be heard again, however, his request was denied '- Council Minutes - 3 - May 14, 1990 '- DELEGATIONS Mrs. Ruth Johann, 15 Saunders Court, Bowmanville, LIC 2A6, addressed Council with respect to Report PD-I66-90 (Item #10 of Report #1). She requested that the Members of Council persuade the developer , Veltri & Sons Limited, to try and save some of the trees on the proposed site and to delay the cutting and bulldozing of the land until the nesting season is over. Mrs. Johann read into the record a letter from Roxann Brown, 2 Concession Street West, stating her concerns as they relate to the access route into the subdivision and the clearing of trees. Resolution #C-337-90 Moved by Councillor Wotten, seconded by Councillor Deegan THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 10:50 a.m. COMMUNICATIONS Resolution #C-338-90 '- Moved by Councillor Hooper, seconded by Councillor Deegan THAT the communications to be received for information be approved. 'CARRlED" I - 1 Correspondence received from R.C. Sudds, Superintendent of Business and Treasurer, The Northumberland and Newcastle Board of Education, Re: 1990 Budget; I - 2 Correspondence received from Les Trotman, Chairperson, Concerns, Safety & Security Committee, Wilmot Creek Homeowners' Association, Re: Recycling; I - 3 Correspondence received from Charles Beer, Minister, Ministry of Community and Social Services, Re: Report of the Provincial-Municipal Social Services Review; I - 4 Correspondence received from C.W. Lundy, Regional Clerk, Region of Durham, Re: Proposed Amendment to the Victoria County Ofllcial Plan Regarding Quarry Designation; 1- 5 Correspondence received from C.W. Lundy, Regional Clerk, Region of Durham, Re: Amendment #40 to the Victoria County Official Plan Concerning Rural Industrial Policies (16-0P-0036-40); '\r I - 6 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on April 24, 1990; ~ '- '- .\.. Council Minutes - 4- May 14, 1990 COMMUNICATIONS 1- 7 Correspondence received from Mrs. Donna Burton, Assistant Licence Officer, Liquor Licence Board of Ontario, Re: Cody's Restaurant Deli, Dining Room LicencelDining Lounge Licence and Patio (Dining Lounge) Licence; I - 8 Correspondence received from The Ontario Energy Board, Re: Consumers' Gas Company Ltd. Notice of Application and Reference; I - 9 Minutes of meetings of the Ganarasks Region Conservation Authority, held on March 29, April 12, April 19 and April 26, 1990; I - 10 Correspondence received from C.W. Lundy, Regional Clerk, Region of Durham, Re: Amendment #39 to the Victoria County Ofllcial Plan (16-0P-0036-39); I - 11 Correspondence received from K.J.W. Reeves Coordinator, Emergency Planning Ontario, Ministry of the Solicitor General, Re: Emergency Planners Conference; I - 12 CorrespondencereceivedfromD.M. Cairns, Superintendent, Operations Planning, GO Transit, Re: Relocation of GO Transit Designated Bus stops on King Street in Downtown Bowmanville; I - 13 Correspondence received from Thea M. Dorsey, Willms & Shier, addressed to The Honourable Jim Bradley, Minister, Ministry of the Environment, Re: Proposed Waterfront Study; I - 14 Correspondence received from R.F. Swanson, Manager, Bus Operations, Re: Bowmanville Express Routing Revised; I - 15 Correspondence received from C.W. Lundy, Regional Clerk, Region of Durham, Re: By-law to Regulate Signs and Other Advertising Devices on Regional Roads; I - 16 Correspondence received from Mrs. Captain Jane Shirran, Secretary-Treasurer, Ministerial Association, Re: Open Sunday Shopping; I - 17 Correspondence received from David Peterson, The Premier of Ontario, Re: Expansion of Laidlaw Waste Systems Limited Landfill Site in Newcastle; and I - 18 Correspondence received from Mrs. Helen MacDonald, addressed to The National Energy Board, Re: TransCanada Pipelines Limited, Section 58 Application for 1990 Construction. '- '- \r Council Minutes - 5 - May 14, 1990 COMMUNICATIONS D - 1 St. John Week 10.2.11. Resolution #C-339-90 Moved by Councillor Wotten, seconded by Councillor Deegan THAT the correspondence dated April 24, 1990, from William Clarke, Chairman, St. John Ambulance with respect to St. John Week be received; THAT the week of May 27 to June 4, 1990 be proclaimed "St. John Week'in the Town of Newcastle and advertised in accordance with Town Policy; THAT permission be granted to fly the flag of St. John during 'St. John Week' from the Town Hall Flag Staff; and THAT William Clarke be advised of Council's decision. 'CARRlED" D - 2 Resolution #C-340-90 Bus Loading Zone Bowmanville Senior School 35.60.20. D - 3 Arrive Alive Drive Sober Week 10.2.11. Moved by Councillor Deegan, seconded by Councillor Wotten THAT the correspondence dated April 20, 1990, from Paul Brace, Manager of Transportation and Planning, The Northumberland and Newcastle Board of Education, with respect to the bus loading zone at Bowmanville Senior Public School, located at 105 Queen Street be received; THAT the correspondence be referred to the Director of Public Works for review and report to the General Purpose and Administration Committee; and THAT Paul Brace be advised of Council's decision. 'CARRlED" Resolution #C-341-90 Moved by Councillor Wotten, seconded by Councillor Deegan THAT the correspondence from The Honourable David Peterson, The Premier of Ontario, with respect to the designation of "Arrive Alive - Drive Sober" week by the Ontario Community Council on Impaired Driving be received; THAT the week of May 13 - 21, 1990 be proclaimed "Arrive Alive - Drive Sober" week in the Town of Newcastle and advertised in accordance with Town Policy; and THAT The Honourable David Peterson be advised of Council's decision. "CARRIED" Council Minutes - 6- May 14, 1990 \"".. COMMUNICATIONS D - 4 Resolution #C-342-90 Soft Drink Moved by Councillor Stapleton, seconded by Councillor Deegan Beverage Cans 35.11.2. THAT the correspondence dated May 1, 1990 from Brian W. Knott, Solicitor/Clerk, The Corporation of the City of Chatham, requesting Council's endorsation of Resolution 90-19, regarding the use of refIllable soft drink beverage containers be received; THAT the Council of the Town of Newcastle endorse the resolution of the City of Chatham; and THAT a copy of this resolution be forwarded to the Minister of the Environment, Sam Cureatz, M.P.P., and C.W. Lundy, Clerk, Regional Municipality of Durham. 'CARRlED" D - 5 Resolution #C-343-90 Sneaker Day 10.2.11. Moved by Councillor Wotten, seconded by Councillor Stapleton ~ THAT the correspondence dated May 1, 1990, from The Honourable Ken Black, Minister, Ministry of Tourism and Recreation, with respect to Canada's Fitweek, May 25 - June 1, 1990 be received; THAT Friday, May 25, 1990 be proclaimed 'Sneaker Day' in the Town of Newcastle and advertised in accordance with Town Policy; and THAT The Honourable Ken Black be advised of Council's decision. 'CARRlED" D-6 Resolution #C-344-90 Drainage Problems McEvoy 18.2.3. Moved by Councillor Deegan, seconded by Councillor Wotten THAT the correspondence dated April 26, 1990, from Brenda McEvoy, R.R. #2, Orono, LOB IMO, with respect to drainage problems experienced on her property, located at the corner of Highway 35 and the 10th Line be received; THAT the correspondence be referred to the Director of Public Works for review and report to the General Purpose and Administration Committee; and THAT Brenda McEvoy be advised of Council's decision. 'CARRlED" \.. Council Minutes - 7- May 14, 1990 \"",. COMMUNICATIONS D - 7 Resolution #C-345-90 Tour de Clarke Bicycle Race 35.60.11. Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the correspondence dated April 25, 1990, from Mark Jackman, Curator, Clarke Township Museum & Archives, requesting Council's permission to hold Tour De Clarke '90 - Bicycle Race be received; THAT the Tour De Clarke '90 Bicycle Race be approved provided that Clarke Township Museum & Archives applies for and obtains a Road Occupancy Permit from the Public Works Department, and they meet all requirements relative to the event as outlined in the Special Events By-law 78-50; and THAT Mark Jackman be advised of Council's decision. 'CARRlED" REPORTS Report #1 Resolution #C-346-90 '- G.P.A. Report Moved by Councillor Deegan, seconded by Councillor Hooper May 7, 1990 THAT the General Purpose and Administration Committee Report of May 7, 1990, be approved with the exception of Item #13. IlCARRlED" Item #13 Resolution #C-347-90 West Moved by Councillor Deegan, seconded by Councillor Hooper Bowmanville Developments THAT Addendum to Report PD-123-90 be received; 60.46.230. THAT Report PD-123-90 be lifted from the table and received for information; THAT the proposed Plan of Subdivision 18'1'-88046 revised and dated March 26, 1990, as per Attachment No.1 to Report PD-123-90, be approved subject to the conditions contained in Report PD-123-90; THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the owner and the Town of Newcastle at such time as the Agreement has been fmalized to the satixfaction of the Director of Public Works and the Director of Planning; \.. THAT Rezoning Application DEV 88-30, submitted by West Bowmanville Developments Limited to permit the proposed Plan of Subdivision be approved and the amending by-law attached to Report PD-123-90 be passed; '-' '- \r Council Minutes REPORTS Item #13 - 8 - May 14, 1990 THAT the Region of Durham Planning Department and those persons listed in Report PD-123-90 and any delegation be advised of Council's decision; THAT the Region of Durham Planning Department be forwarded a copy of Report PD-123-90 and Addendum to Report PD-123-90; and THAT staff review the request of Mrs. Baker for the developer to erect a 6 foot privacy fence between her property and the proposed plan of subdivision and submit recommendations to Council on Monday, May 14, 1990. 'CARRlED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hooper Councillor Stapleton Councillor Wotten Acting Mayor Harmah Councillor Hamre Mayor Hubbard UNFINISHED BUSINESS St. Marys Cement 60.35.537. Resolution #C-348-90 Moved by Councillor Hooper, seconded by Councillor Stapleton THAT Addendum to Report PD-169-90 be received; THAT Report PD-169-90 be received for information; THAT the Minister of the Environment be requested to give top priority to investigate all environmental ixsues raised by the Port Darlington Community Association as related to the St. Marys Cement operation in Bowmanville; THAT, in addition to the site plan agreement, St. Marys Cement is required to enter into a separate agreement with the Town with respect to those issues raised in Paragraph 5.3 of Report PD-I69-90 and the Mayor and Clerk be authorized to execute such agreement; Council Minutes """'" - 9- May 14, 1990 UNFlNISHED BUSINESS St. Marys Cement '- BY-LAWS \.. THAT Paragraph 5.3(c) of Report PD-I69-90 be amended as follows: "Within fIve (5) years from date of this agreement, St. Marys shall construct and complete along the easterly limit of the existing dock either an earthen berm or barrier fence. The location, dimensions, type, materials, and planting details in respect of both the earthen berm and barrier fence, to the satisfaction of the Director of Planning and Development, are to be provided by St. Marys Cement within six (6) months of the date ofthis agreement. The berm or barrier fence shall not be less tban fIve (5) metres in height. The performance obligation of the berm or barrier fence and landscaping works are to be secured by an irrevocable and unconditional Letter of Credit in the amount of $250,000.00 which will contain provisions for annual adjustment in accordance with the Southam Construction Index and be in a form acceptable to the Treasurer of the Town"; and THAT a copy of Addendum to Report PD-169-90 be forwarded to the Regional Commissioner of Planning, the Minister of the Environment, and the Port Darlington Community Association. "CARRlED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hooper Councillor Stapleton Councillor Wotten Acting Mayor Harmah Councillor Hamre Mayor Hubbard Resolution #C-349-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a fIl'st time: 90-83 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (West Bowmanville Developments); 90-84 being a by-law to authorize the entering into a Maintenance Agreement with Landis & Gyr Powers Ltd.; '- '- \.. Council Minutes - 10- May 14, 1990 BY-LAWS 90-85 being a by-law to authorize the entering into an Engineering Agreement with Totten Sims Hubicki & Associates Limited for the Design and Supervision of Construction of King Street and Mearns Avenue. 'CARRlED" Resolution #C-350-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of the following by-laws be approved: 90-83; 90-84; 90-85. "CARRlED" Resolution #C-351-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and fmal reading of the following by-laws be approved: 90-83; 90-84; 90-85. IlCARRIED" OTHER BUSINESS Resolution #C-352-90 Bowmanville Moved by Councillor Hooper, seconded by Councillor Deegan Depot 16.6.99. THAT Resolution #GPA-227-90 passed on March 19, 1990, be rescinded; and THAT the Director of Public Works be instructed to paint the west side of the Bowmanville Depot to read as follows: BOWMANVILLE DEPOT PUBUC WORKS DEPT. TOWN OF NEWCASTLE "CARRIEDll '- '-' \.r Council Minutes -11- May 14, 1990 OTHER BUSINESS Resolution #C-353-90 Sidewalks - Moved by Councillor Deegan, seconded by Councillor Wotten Lambert Street THAT the Director of Public Works investigate the feasibility of constrncting sidewalks on Lambert Street and repairing the sidewalks on Prospect Street; and Dickie Dee Ice Cream 56.15.99. THAT a report be forwarded to the General Purpose and Administration Committee on his fmdings. 'CARRlED" Resolution #C-354-90 Moved by Councillor Deegan, seconded by Councillor Hooper THAT the delegation of Mr. Sid Barish be acknowledged; THAT the Senior Municipal Law Enforcement Officer be directed to issue an operating licence to Dickie Dee Ice Cream Ltd.; and THAT Mr. Barish be advised of Council's decision. "CARRlED" Resolution #C-355-90 Moved by Councillor Deegan, seconded by Councillor Wotten THAT the delegations of Thea Dorsey and John Willms be acknowledged and they be advised of Council's decision. "CARRlED" Resolution #C-356-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the delegation of Mr. Ted Ciecuira be acknowledged and he be advised of Council's decision. 'CARRlED" - Council Minutes - 12- May 14, 1990 \".. OTHER BUSINESS Resolution #C-357-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the delegation of Mr. Dickson Wood be acknowledged and he be advised of Council's decision. "CARRIED" Resolution #C-358-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the delegation of Mrs. Ruth Johann be acknowledged; THAT the letters submitted by Mrs. Johann be referred to the Commissioner of Planning for the Region of Durham; and THAT staff of the Planning Department advise Mrs. Johann of the process of approval for subdivision applications. \a. "CARRlED" Resolution #C-359-90 Weight Moved by Councillor Wotten, seconded by Councillor Deegan Restrictions THAT the Director of Public Works place a notice in the local newspapers clarifYing By-laws 90-68 and 90-69, with respect to the restriction of the weight upon the axles of commercial vehicles or trailers on the Town of Newcastle Road System. 'CARRlED" CONFIRMING BY-LAW Resolution #C-360-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce By-law 90-86, being a by-law to confll'Ill the proceedings of the Council of the Town of Newcastle at this meeting held on the 14th day of May 1990, and that the said by-law be now read a fIrst time. "CARRlED' .... '-' '-' J.,... Council Minutes - 13 - May 14, 1990 CONFIRMING BY-LAW Resolution #C-361-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of By-law 90-86 be approved. 'CARRIED" Resolution #C-362-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and fmal reading of By-law 90-86 be approved. "CARRIED" ADJOURNMENT Resolution #C-363-90 Moved by Councillor Wotten, seconded by Councillor Hooper THAT the meeting adjourn at 11:11 a.m. 'CARRlED" () (/w;&J2 MAYOR CLERK