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HomeMy WebLinkAbout07/19/1990 '-' COUNCIL MINUTES ROLL CALL Present Were: Also Present: '--' MINUTES DELEGATIONS '-' TOWN OF NEWCASTLE JULY 16, 1990 Minutes of a regular meeting of Council held on Monday, July 16, 1990, at 9:30 a.m., in the Council Chambers Mayor M. Hubbard Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K Hooper Councillor F. Stapleton Councillor A Wotten Chief Administrative Officer, L. Kotseff Director of Community Services, J. Caruana (Until 1:00 p.m.) J. Cooke, Program/Community Relations Super. (Until 10:05 a.m.) Fire Chief, M. Creighton Deputy Fire Chief H. Doherty (Until 1:00 p.m.) Director of Public Works, W. Evans (Until 1:00 p.m.) Town Solicitor, D. Hefferon (1:00 p.m. to 1:50 p.m.) Facility Manager, F. Horvath (Until 10:05 a.m.) Treasurer, M. Marano Director of Planning, F. Wu Deputy Clerk, M. Knight Councillor Stapleton led the meeting in prayer. Upon Mayor Hubbard's request, the Fire Chief introduced Mr. Hugh Doherty, Deputy Fire Chief, and welcomed him to the Town of Newcastle. Resolution #C-474-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the minutes of a regular meeting of Council held on June 25, 1990, be approved. 'CARRIED" Glenn Prout, Chairman, Senior Citziens Centre Steering Committee, 36 Concession St. E., Bowmanville, LlC 1Y1, advised Council of the activities undertaken by the Seniors' Committee since its formation in October, 1989 and gave a slide presentation relating to the needs of senior citizens. He requested that Council a110cate the necessary funds to provide a Senior Citizens Centre in Bowmanville. Council Minutes '-' DELEGATIONS '-' '" - 2- July 16, 1990 Steve Heggie, R.R. #1, Kendal, LOE lEO, owner of the land which abuts the property owned by Becas Developments Limited, reiterated his concerns which include tax increase, maintenace of the road a1lowance at the expense of taxpayers, loss of mature trees, loss of privacy and an increase in vehicular traffic which will create more air and noise pollution. Vicky Bergman, R.R. #3, Bowmanville, L1C 3K4, was not present but verbally requested that the letter from Kim Osmars, Manager, Lakeshore Area, Ontario Hydro, dated June 20, 1990, to Mrs. Bergman, be circulated for Council's information and further action. Helen MacDonald, R.R. #1, Newtonville, LOA 1JO and John Veldhuis, Box 16, Hampton, LOB 1JO, Port Granby-Newcastle Environment Committee, gave a slide presentation and a verbal interim report on the activities of the Port Granby-N ewcastle Environment Committee. It was noted that problems as well as successes have been experienced by their Committee. The following points were made: The hazardous household waste depot is locating in Pickering; Landfill sites and illegal dump sites were displayed; Since the introduction of the Blue Box Recycling Program, there has only been a 12.5% waste reduction; Garbage can be a resource if the principle of the 3 R's, Reduce, Reuse, Recycle, is used. Waste Exchange Day held on June 10, 1990 was considered a success with the involvement of 19 volunteers which generated over 300 visitors; It was suggested that the Regional Toxic Taxi which handles pesticides and chemicals, be given a trial period of at least one year; Thirty million pounds of garbage are collected annua1ly in the Town of N ewcastJe and it is the hope of the Committee to reduce this waste by 80%. Irwin Hamilton, 1 Division Street, Bowmanville, requested that Council deny the application made by Jean & Stuart Wood; it should be processed by the Land Division Committee. Approval of this Rezoning Application will set an undesirable precedent and he advised that his client is prepared to appeal the Zoning By-Jaw to the Ontario Municipal Board. He referred to a letter dated July 16, 1990 from Muriel SchJacht, stating strong opposition to Mr. & Mrs. Wood's Application for Rezoning. Mayor Hubbard made a declaration of interest with respect to Report PD-221-90; vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hubbard's spouse, Dr. E. D. Hubbard, attends to the medical needs of the patients who reside in Careview Manor. Councillor P. Deegan made a decJaration of interest with respect to Report PD-221-90; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Deegan's dental offICe is in close proximity and he attends to the dental needs of some of the residents of Careview Manor. Council Minutes ~ DELEGATIONS '-' \., - 3 - July 16, 1990 Acting Mayor Hannah chaired this portion of the meeting. Elizabeth Courneyea, R.R. #3, Bowmanville, L1C 3Ka, expressed disappointment with the General Purpose and Administration Committee's recommendation that Careview Manor be a1lowed a maximum of 25 persons rather than 44. She has visited Careview Manor several times in the past fIve years and feels that this facility is a quiet place with a caring atmosphere. Ron Ba1lantyne, Administrator, Whitby Psychiatric Hospital, P.O. Box 613, 700 Gordon Street, Whitby, L1N 5S9, was caJJed but was not present. Bob Falconer, Whitby Psychiatric Hospital, Box 613, Whitby, LlN 5S9, advised that there is a great shortage of housing which offers supervision. Careview Manor has greatly improved since its acquisition by Vera Forrest. Karen McMillan, Whitby Psychiatric Hospital, Box 613, Whitby, L1N 5S9, is a Social Work Supervisor and, when making two placements in Careview Manor, found Mrs. Forrest to have a wonderful rapport with her residents. Mrs. Forrest has wonderful negotiating skills, a sensible approach to internal problems and works in concert with outside agencies. The operation of Careview Manor is not fInancia1ly viable should only 25 residents be a1lowed. Norma Semple, Whitby Psychiatric Hospital, Box 613, Whitby, LlN 5S9, referred the previous administration of Careview Manor as one which provided an unstable and dangerous environment and she had not referred patients to this facility until 1987 when Mrs. Vera Forrest took over the operation. Mrs. Forrest has raised the living standards, offers good meals and a caring, stable and supportive environment to her residents. She stated that economic devastation will result if Careview Manor is only a1lowed 25 residents. Ronald H. Barry, Architect, 11 Stanley Crescent, Whitby, displayed a site plan and floor plan of Careview Manor. He informed Council that Careview Manor is situated on one-half acre of land and constitutes a total floor space of 11,300 square feet made up as follows: First Floor - 8 bedrooms - four washrooms Second Floor - 13 bedrooms - six washrooms Third Floor . 1,000 sq. ft. apartment Basement - fInished rec-room - one washroom He advised that the facility can accommodate 46 persons. Mr. Barry read the contents of a letter dated July 16, 1990 from Vera Forrest to Council. Trish McKay, 72 Martin Road, Bowmanville, advised that some of the residents of Careview Manor will be forced to Jive on the street if only 25 persons are a1lowed in the facility. She stated that the erection of a six-foot fence around Careview Manor is no solution to the problem. Council Minutes "" DELEGATIONS '-" \,- COMMUNICATIONS - 4- July 16, 1990 Dil MWRmmRd, 154 IsJington Avenue, Toronto, is a pharmacist who dispenses prescription drugs to the residents of Careview Manor. He reiterated that the approval of 25 residents only is not fmancia1ly feasible for Mrs. Forrest. The residents of Careview Manor are not undesirable and unwanted derelicts, they are people in less fortunate circumstances. Marg Schuknecht, 206 Simpson Avenue, Bowmanville, advised that her son resides at Careview Manor and she has seen much improvement to his condition because of the support and care that he receives from Mrs. Forrest. Anne Foresta11, 309 - 31 Gordon Street, Whitby, was ca1led but was not present. Donna Benzlieghtner, 17 Dorebell Crescent, Bowmanville, was ca1led but was not present. Bernard J. Kamin, Danson, Kamin, Recht & Friedman, was ca1led but was not present. Resolution #C-475-90 Moved by Councillor Hamre, seconded by Councillor Hooper THAT Council recess for 10 minutes. 'CARRIED The meeting reconvened at 10:55 a.m. Mayor Hubbard reassumed the chair. Resolution #C-476-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the communications to be received for information be approved, with the exception of Items I - 1, I - 9 and I - 10. ttCARRIEDI! I - 2 Christine Archibald, Administrator, Neighbourhoods Committee, City of Toronto - Provincia1 and Federal Non-ProfIt Housing Supply Programme; I - 3 Minutes of meetings of the Ganaraska Region Conservation Authority held on May 31, June 14, and June 20, 1990; I - 4 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on June 26, 1990; Council Minutes '-' COMMUNICATIONS '-' 1- 1 Edward Street Bridge Newcastle 18.45.109. ,-". - 5 - July 16, 1990 I- 5 Correspondence received from CW. Lundy, AM.C.T., Regional Clerk, Region of Durham - Terms of Reference for Greater Toronto Area Airport Study; I - 6 Correspondence received from Ian Scott, Attorney General - DecJaration of 'Arrive Alive - Drive Sober Week"; I - 7 Correspondence received from D.W. Clarke, Manager, Western Region, Trans-Northern Pipelines Inc. - Brush Clearing Program; I - 8 Correspondence received from Janet Faas, Director (Acting) Ministry of Housing - Building Administration Fund; I - 11 Correspondence received from RG. Ferguson, Commissioner of Works, Metropolitan Works Department - Landfill Sites. I - 12 Minutes of a meeting of the Clarke Township Museum & Archives held on June 4, 1990; I - 13 News Release received from the Ministry of Environment - Expanded 3Rs, Full-Cost Accounting, Tougher Standards Seen As Keys To Sustainable Waste Management. Resolution #C-477-90 Moved by Councillor Hooper, seconded by Councillor Wotten THAT the correspondence dated June 25, 1990 from Gertrude E. Gray, 32 Edward Street, Newcastle, LOA 1HO, pertaining to the construction of the Edward Street Bridge, Village of Newcastle, be referred to the Planning Department for review and report. 'MOTION LOST" Resolution #C-478-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the correspondence dated June 25, 1990 from Gertrude E. Gray be received for information. "CARRIED" Council Minutes '-' COMMUNICATIONS 1-9 '-' \, TransCanada Pipelines - Laidlaw 60.30.113. I - 10 Newcastle Community Liaison Group 35.23.14. D - 1 Lights in Orono Park 68.31.2. D - 2 Street Dance Orono 56.12.6. - 6- July 16, 1990 Resolution #C-479-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the correspondence dated July 5, 1990 from Mrs. Helen MacDonald to the National Energy Board be referred to the Town Solicitor for his information in conjunction with the preparation of his report. "CARRIED' Resolution #C-480-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the correspondence dated July 2, 1990 from Mrs. Helen MacDonald pertaining to the Newcastle Community Liaison Group, be placed on a future Council Agenda at such time as Messrs. Rickard and Rennick meet with Council nCARRIED" Resolution #C-481-90 Moved by Councillor Stapleton, seconded by Councillor Deegan THAT the correspondence dated June 8, 1990, from Peter Maartense, Member of the Orono Amateur Athletic Association, requesting that the lights at the baseba1l fIeld in Orono Park be upgraded, be received and referred to the 1991 budget discussions; and THAT Peter Maartense be so advised. "CARRIED' Resolution #C-482-90 Moved by Councillor Deegan, seconded by Councillor Hannah THAT the communication dated June 14, 1990, from Owen Ferguson, Project Chairman, The Great Pine Ridge Kinsmen Club Incorporated, requesting Council's approval to hold a street dance in Orono on August 11, 1990, and obtain a liquor licence, be received; and THAT this matter be referred to Staff to liaise with the Kinsmen Club to review other locations for the holding of the street dance; and THAT Owen Ferguson be so advised. 'CARRIED" ""' Council Minutes COMMUNICATIONS D - 3 Traffic Lights Trull's Road and Highway #2 77.2.102. D - 4 '-' Canada Post Mailboxes in the Village of Newcastle 68.2.8. \,. - 7- July 16, 1990 Resolution #C-483-90 Moved by Councillor Hannah, seconded by Councillor Wotten THAT the communication dated June 26, 1990, from Mrs. Jennifer Bilenduke, requesting the insta1lation of traffic lights at the intersection of Highway #2 and Trull's Road, be received; THAT the correspondence be referred to the Director of Public Works for preparation of a report for submission to the General Purpose and Administration Committee; and THAT Mrs. Jennifer Bilenduke be so advised. 'CARRIED" Resolution #C-484-90 Moved by Councillor Deegan, seconded by Councillor Hannah THAT the communication dated June 19, 1990, from Des Blacquiere, Delivery Specialist, Canada Post Corporation, requesting permission to place a Community Mailbox on the property of the Fire Station at 247 King St. E., Newcastle Village, be received; THAT the correspondence be referred to the Fire Chief for the preparation of a report for submission to the General Purpose and Administration Committee; and THAT Des Blacquiere be so advised. "CARRIEDl1 Mayor Hubbard made a declaration of interest with rrespect to Report PD- 221-90; vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hubbard's spouse, Dr. E.D. Hubbard, attends to the medical needs of the patients who reside in Careview Manor. Councillor P. Deegan made a declaration of interest with respect to Report PD- 221-90; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Deegan's dental office is in close proximity and he attends to the dental needs of some of the residents of Careview Manor. Acting Mayor Hannah chaired this portion of the meeting. Council Minutes "'" COMMUNICATIONS D - 5 Careview Manor Rest Home 60.35.602. D - 6 Reports of the BILC 35.72.99. '-' D - 7 Resolution On Use of Non-Re- fillable Containers 35.11.2. '" - 8 - July 16, 1990 Resolution #C-485-90 Moved by Councillor Hamre, seconded by Councillor Hooper THAT the communication dated July 6, 1990, from Mr. & Mrs. E. Smith, requesting the construction of a high solid wooden fence around Careview Manor, be received; THAT the correspondence be referred to the Clerk for the preparation of a direct reply in conjunction with Report PD-221-90; and THAT Mr. & Mrs. E. Smith be so advised. 'CARRIED" Mayor Hubbard re-assumed the chair. Resolution #C-486-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the communication dated July 4, 1990, from Myer Godfrey, Chairman, Building Industry Liaison Committee, requesting review and Council's comment pertaining to the Report of the Building Industry Liaison Committee (BILC), be received; THAT the correspondence be referred to the Director of Planning and Development for preparation of a report for submission to the General Purpose and Administration Committee; and THAT Mr. Myer Godfrey be so advised. "CARRIEDtI Resolution #C-487-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the City of Chatham Resolutions #90-19 and #90-31, pertaining to Refillable Soft Drink Beverage Containers be endorsed; and THAT the Minister of the Environment, Sam Cureatz, M.P.P., the Association of Municipalities of Ontario and the City of Chatham be so advised. "CARRIED" Council Minutes "-' COMMUNICATIONS D - 8 Paving and Planting of Trees John Kay 60.46.5. D - 9 Strategies For Change - AM.O. 35.31.5. '-" D - 10 Conservation Award 35.31.99. - 9 - July 16, 1990 Resolution #G-488-90 Moved by Councillor Wotten, seconded by Councillor Deegan THAT the communication dated June 28, 1990, from John Kay, requesting paving of the road and tree planting, be received; THAT the correspondence be referred to the Director of Planning and Development for co-ordination of a direct reply; and THAT Mr. John Kay be so advised. "CARRIED" Resolution #C-489-90 Moved by Councillor Hamre, seconded by Councillor Deegan THAT the correspondence dated June 1990, from The Association of Municipalities of Ontario, pertaining to a report of the Long Term Care Services Reform be received for information as a review is being undertaken by the Regional Municipality of Durham. "CARRIED' Resolution #C-490-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the communication dated June 14, 1990, from The Conservation Council of Ontario, pertaining to the Lieutenant Governor's Conservation Award, be received and referred to the Striking Committee for review and recommendation to Council. NOTICE OF RECONSIDERATION "CARRIED' REPORTS Report #1 G.P.A Report July 9, 1990 "" Dealt with later in the meeting (See Resolution #C-504-90). Resolution #C-491-90 Moved by Councillor Wotten, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of July 9, 1990, be approved with the exception of Item #2(d), #6, #29 and #31. ltCARRIED" Council Minutes ~ REPORTS Item #2(d) Item #6 '-' Rezoning Careview Manor 60.35.602. \r . 10- July 16, 1990 Resolution #C-492-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT Item #2(d) of Report #1 be referred to the end of the Agenda to be considered "In Camera." "CARRIEDII Mayor Hubbard made a declaration of interest with respect to Report PD-221- 90; vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hubbard's spouse, Dr. E.D. Hubbard, attends to the medical needs of the patients who reside in Careview Manor. Councillor P. Deegan made a declaration of interest with rerspect to Report PD- 221-90; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Deegan's dental office is in close proximity and he attends to the dental needs of some of the residents of Careview Manor. Acting Mayor Hannah chaired this portion of the meeting. Resolution #C-493-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT Report PD-221-90 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Jaw 84-63, as amended, submitted by Barry-Bryan Associates Ltd., on behalf of Careview Manor SpeciaJ Care Rest Home Inc., be approved only insofar as to permit a residence with a maximum of 25 persons, this situation to be monitored for 2 years, and the necessary by-Jaw be forwarded to Council once the Town of Newcastle Fire Chief has been satisfIed that the contraventions of the Ontario Fire Code have been eliminated; THAT a 6' privacy fence be insta1led around the east, north and west boundaries of the property and that the height of the fence be flush with the building facade on the front; and THAT the interested parties listed in Report PD-221-90 and the delegations be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes ........ REPORTS '-" "", Item #29 Dedication of Public Highway 77.2.149. - 11 - July 16, 1990 Resolution #C-494-90 Moved by Councillor Hooper, seconded by Councillor Hamre THAT the second paragraph of the foregoing Resolution #G-493-90 be amended by replacing the number "25" with '44." "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav CoofIict rI IntErelt Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Coondlkr ~ Mayor Hubbard The foregoing Resolution #C-493-90 was then put to a vote and CARRIED AS AMENDED on the following Recorded Vote. Recorded Vote Yea Nav CoofIict rI Int.a-e.lt Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Coondlkr ~ Mayor Hubbard Mayor Hubbard re-assumed the chair. Councillor Hamre made a declaration of interest with respect to Report WD-63-90; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Hamre resides in this building. Resolution #C-495-90 Moved by Councillor Deegan, seconded by Councillor Hooper THAT Report WD-63-90 be received; THAT a by-Jaw be passed to dedicate Part 9 of Plan lOR-2471 as public road a1lowance and that the Mayor and Clerk be authorized to execute said by-Jaw and that H. Deane Ewart be advised of Council's decision and he be forwarded a copy of Report WD-63-90. "CARRIED" Council Minutes '-' REPORTS Item #31 Road Allowance Becas 77.1.150. - 12 - July 16, 1990 Resolution #C-496-90 Moved by Councillor Hamre, seconded by Councillor Hooper THAT Report WD-66-90 be referred back to staff for receipt of a legal opinion pertaining to the fInancial ramifIcations to the Town should these lands change ownership. UNFINISHED BUSINESS "CARRIEDII Subdivision Veltri & Sons 60.46.268. '-' Subdivision Jost 60.46.218. "'" Resolution #G-497-90 Moved by Councillor Hannah, seconded by Councillor Hooper THAT Report PD-223-90 be lifted from the table; THAT Report PD-223-90 be received; THAT the proposed Plan of Subdivision 1ST -89086 revised and dated Feburary 6, 1990, as per Attachment No.1 to Report PD-223-90 be approved, subject to the conditions contained in Report PD-223-90; THAT the Mayor and Clerk be authorized, by by-Jaw, to execute a Subdivision Agreement between the owner and the Town of Newcastle at such time as the agreement has been fmalized to the satisfaction of the Director of Public Works and the Director of Planning; THAT a copy of Report PD-223-90 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-223-90 and any delegation be advised of Council's decision. 'CARRIED" Resolution #C-498-90 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report PD-226-90 be lifted from the table; THAT Report PD-226-90 be received; THAT the proposed Plan of Subdivision 18T-86062 REVISED and dated June 14, 1990, for a total of nine (9) single family lots be approved subject to conditions previously imposed and contained within Report PD-208-87; THAT the Mayor and Clerk be authorized, by by-Jaw, to execute an amending subdivision agreement between the owner and the Town of Newcastle for the development of a maximum nine (9) lots; Council Minutes - 13 - July 16, 1990 '-' UNFINISHED BUSINESS Senior Citizens Committee 35.60.31. '--' Acknowledgement of Delegations "" THAT a copy of Report PD-226-90 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-226-90 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-499.90 Moved by Councillor Hamre, seconded by Councillor Hooper WHEREAS the Senior Citizens Committee has requested the Town ofN ewcastle to provide a Senior Citizens Centre in Bowmanville; WHEREAS the Council of the Town of Newcastle supports the request of the Senior Citizen Committee in principle; and WHEREAS the issue related to the need for a Senior Citizens Centre is being addressed t1Jl'ough the Recreation/Leisure Master Plan; NOW THEREFORE BE IT RESOLVED: THAT staffbe directed to allocate the necessary funds through the 1991 Budget Deliberations for the purpose of consulting services related to the feasibility and design of a Senior Citizens Centre in Bowmanville. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-500-90 Moved by Councillor Hannah, seconded by Councillor Hamre THAT the delegation of Steve Heggie be acknowledged and he be advised of actions taken. "CARRIED' Council Minutes - 14- July 16, 1990 ~ UNFINISHED BUSINESS '-' ~ Acknowledgement of Delegations Resolution #C-501-90 Moved by Councillor HanIl'e, seconded by Councillor Hannah THAT the delegation of Mrs. Helen MacDonald and Mr. John Veldhuis be received with appreciation and they be congratulated on their efforts and advised that the Council of the Town of N ewcastJe is co-operative and supportive of their endeavours. "CARRIED" Resolution #C-502-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the delegation of Irwin Hamilton be acknowledged and he be advised of actions taken. IlCARRIED" Mayor Hubbard made a declaration of interest with respect to Report PD-221- 90; vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hubbard's spouse, Dr. E.D. Hubbard, attends to the medical needs of the patients who reside in Careview Manor. Councillor P. Deegan made a declaration of interest with respect to Report PD- 221-90; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Deegan's dental office is in close proximity and he attends to the dental needs of some of the residents of Careview Manor. Acting Mayor Hannah chaired this portion of the meeting. Resolution #C-503-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT a1l delegations pertaining to Careview Manor (Report PD-221-90) be acknowledged and they be advised of actions taken. 'CARRIED" Mayor Hubbard re-assumed the chair. '-' '-' """ Council Minutes BY-LAWS Notice of Reconsideration - 15 - July 16, 1990 Resolution #C-504-90 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT, pursuant to Resolution #C-466-90 for reconsideration of By-Jaw 90-115 being approved at the Council Meeting of June 25, 1990, By-Jaw 90-115 be reconsidered at this time. 'CARRIED" Resolution #C-505-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT By-Jaw 90-115 be considered separately. rrCARRIED" Resolution #C-506-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce by-Jaw 90-115, being a by-Jaw to amend By-Jaw 84-63, the Comprehensive Zoning By-Jaw for the Corporation of the Town of Newcastle, and that the said by-Jaw be now read a fIrst time. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav CoofIict m Inta-est Councillor Deegan Councillor Stapleton Councillor Wotten Mayor Hubbard Councillor Hamre Councillor Hannah Councillor Hooper Resolution #C-507-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of By-Jaw 90-115 be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" \",. '-' '-' Council Minutes BY-LAWS - 16- July 16, 1990 Recorded Vote Yea Nav Absent Councillor Deegan Councillor Stapleton Councillor Wotten Mayor Hubbard Councillor Hamre Councillor Hannah Councillor Hooper Resolution #C-508-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and fmal reading of By-Jaw 90-115 be approved. 'CARRIED" Councillor Hamre made a declaration of interest with respect to By-Jaw 90-123; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Hamre resides in this building. Resolution #G-509-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT By-Jaw 90-123 be considered separately to accommodate Councillor Hamre's Conflict of Interest. 'CARRIED" Resolution #C-510-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT leave be granted to introduce By-Jaw 90-123, being a by-Jaw to dedicate certain lands as a public highway in the Town of Newcastle, Part of Lot 10, Concession 1, former Town of Bowmanville. nCARRIED" Resolution #C-51l-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the second reading of By-Jaw 90-123 be approved. 'CARRIED" Council Minutes \... BY-LAWS "'" '-' - 17 - July 16, 1990 Resolution #C-512-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the third and fIna1 reading of By-Jaw 90-123 be approved. IICARRIED" Resolution #C-513-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce the following by-Jaws, and that the said by_ laws be now read a fll'st time: 90-121 being a by-Jaw to authorize the entering into of an Agreement with Otto and Elfreida J ost and the Corporation of the Town of Newcastle; 90-122 being a by-Jaw to authorize the execution of an offer to Lease Agreement with Bernard Wesse1ing in respect of a lease for premises situate at 59 West Beach Road, Bowmanville; 90-124 being a by-Jaw to authorize the entering into an Easement Agreement with Ontario Hydro to permit an easement over Part 7 (Sub Part 3), Part 5 (Sub Part 5), Part 2 (Sub Part 7), and Part 1 of Reference Plan 10R-2957 in Lot 31, Concession 4, former Township of Darlington, Town of Newcastle. IlCARRIED" Resolution #C-514-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of the following by-Jaws be approved: 90-121; 90-122; 90-124. llCARRIED" Resolution #C-515-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and fmal reading of the following by-Jaws be approved: 90-121; 90-122; 90-124. 'CARRIED" Council Minutes ...... OTHER BUSINESS Hearing of Delegations ...... Council Meeting July 23, 1990 "" . 18 - July 16, 1990 Resolution #G-516.90 Moved by Councillor Hamre, seconded by Councillor Hooper THAT the Clerk advise local Solicitors and Consulting Engineers that effective immediately, Council will only a1low delegations who have given notice to the Clerk not later than Wednesday Noon before the commencement of a meeting to be heard; delegations will not be added to the agenda at meetings; and THAT a notice to this effect be published in the N ewcastJe Independent, Orono Times, and Oshawa Times. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-517-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the meeting of Council scheduled for July 30, 1990, be held on July 23, 1990 immediately following the General Purpose and Administration Committee Meeting. "CARRIED ON THE FOLLOWING RECORDED VOTE' Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Council Minutes '-' OTHER BUSINESS Postal Services Courtice '-' "" - 19 - July 16, 1990 Resolution #C-518-90 Moved by Councillor Hannah, seconded by Councillor Hamre WHEREAS the Town of Newcastle requested Canada Post to create a separate postal address identity for Courtice; WHEREAS any reduction of existing postal services was never discussed between the Town of Newcastle and Canada Post; WHEREAS the Canadian Union of Postal Employee Workers advised the Town that Canada Post is contemplating to eliminate door-to-door mail delivery in certain areas in Courtice; WHEREAS the Town would not knowingly request Canada Post to create an address identity for Courtice at the expense of any reduction of postal services; NOW THEREFORE BE IT RESOLVED THAT Canada Post be advised that the Town of Newcastle strongly opposes any reduction of existing postal service in Courtice, including existing door-to-door mail delivery in certain areas of Courtice; and THAT Mr. W.J. Robertson, Director of Operation Services, Canada Post, 20 Bay St., 7th Floor, Toronto, Ontario, M5V 1A1, be advised of Council's resolution. "CARRIED" Resolution #G-519-90 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Council move into Committee of the Whole. "CARRIED' Resolution #C-520-90 Moved by Councillor Hamre, seconded by Councillor Deegan THAT the meeting be "In Camera." 'CARRIED" Resolution #C-521-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the meeting be open. "CARRIED" Council Minutes '-' OTHER BUSINESS Proposed Rock Concert - Mosport Park 56.2.104. \. ~ - 20- July 16, 1990 Resolution #C-522-90 Moved by Councillor Hooper, seconded by Councillor Wotten THAT the actions taken "In Camera" be approved. "CARRIED Resolution #C-523-90 Moved by Councillor Hamre, seconded by Councillor Wotten WHEREAS at its meeting of June 24, 1990, the Town Council dealt with the verbal report from the Chief Administrative Officer regarding the application by Mr. T.R. Torrance on behalf of Truly Amazing Productions for a Special Events Permit under Town of Newcastle By-Jaw 78-50; considered the delegation of Mr. B. Kamin; and endorsed and adopted the letters of June 12, 1990 and June 15, 1990 from the Chief Administrative Officer to Mr. T.R. Torrance, of Truly Amazing Productions. WHEREAS by letter from Mr. B. Kamin dated June 28, 1990 addressed to the Chief Administrative Officer, Mr. Kamin again requested that the resolution requiring Mosport Park Limited to execute an Indemnity Agreement with the Town be deleted and expressed his wish to attend at this meeting of the General Purpose and Administration Committee to make representations in this regard. WHEREAS by letter from Ms. M. Varga on behalf of Mosport Ltd. letter dated May 28, 1990 addressed to and received by the Town Clerk on June 11, 1990 requested the Town Council to provide her with its certifIed resolution "in regards to the dispensation of alcoholic beverages at Mosport International Speedway Park" on August 3, 4, and 5, 1990 in connection with the proposed rock concert. WHEREAS the Committee considered the verbal report of the Chief Administrative Officer, Mr. Kamin's delegation, and Ms. Varga's request. NOW THEREFORE BE IT RESOLVED by the Council that: 1. Mr. Kamin's delegation be acknowledged and his request set out in his letter to the Chief Administrative Officer of June 28, 1990, be refused. 2. In addition to the other requirements set out in the Chief Administrative Officer's letters dated June 12, 1990 and dated June 15, 1990 to Mr. T.R. Torrance of Truly Amazing Productions and Council's Resolution endorsing and adopting them, the following requirement be made of Truly Amazing Productions: Council Minutes '-' OTHER BUSINESS ~ '-' - 21 - July 16, 1990 Truly Amazing Productions is to deposit additional security in the amount of Thirty Thousand Dollars ($30,000) with Town's Treasurer before the issuance of a Specia1 Events Permit as security for property owners whose property may be damaged by Truly Amazing Products Inc., Truly Amazing Productions, Mosport Park Ltd., any of their respective officers, employees, representatives or contractors, or by any person who may be invited to attend the rock concert during the period August 2, 1990 to August 7, 1990. On proof to the satisfaction of the Town Council at any time before September 30, 1990 that damage that has been so suffered, payment to the property owners damaged to be made from the amount of money deposited under this requirement is to be made by the Town Treasurer on or before September 30, 1990. Any portion of the deposited money that has not been disbursed to damaged property owners prior to September 30, 1990 sha11 be repaid forthwith after that date to Truly Amazing Productions. 3. The Resolution of the Town Council at its meeting of June 25, 1990, that "the Special Events Permit requested by Truly AmM;ng Productions be subject to Council Approval", be replaced with the following: THAT the Chief Administrative Officer is requested to keep members of Council advised on a regular basis of the status of the application for the Special Events Permit under By-Jaw 78-50 by Truly Amazing Productions for the proposed rock concert at Mosport Park on August 3, 4, 5 and 6, 1990. 4. The request made in the letter dated May 28, 1990 from Ms. M. Varga on behalf of Mosport Park Ltd. which was addressed to the Town Clerk be refused and Council advise the Secretary of the Liquor Licence Board of Ontario that Council hereby withdraws its approval dated April 30, 1990 for the dispensation of alcoholic beveragss at Mosport International Speedway, Mosport Park in connection with motor vehicle racing on August 4 and 6, 1990 and requests that the Liquor Licence Board of Ontario immediately revoke any specia1 occasion or other permits that may have been issued by it for August 4 and 6, 1990, FORTHWITH. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #G-524-90 Moved by Councillor Hooper, seconded by Councillor Wotten THAT the foregoing Resolution #C-523-90 be amended as follows: "WHEREAS Council considered recommendation #GPA-555-90 passed by the General Purpose and Administration Committee on July 9, 1990; WHEREAS Council has also considered a verbal report from the Town's Solicitor and a verbal report from the Chief Administrative Officer: Council Minutes '-' OTHER BUSINESS '-' ~ - 22- July 16, 1990 NOW THEREFORE BE IT RESOLVED: 1. THAT Recommendation #GPA-555-90 be amended to add new resolutions 5 and 6: "5. THAT the insurance requirements set out in paragraph numbered 2 on page 2 of the letter from the Chief Administrative Officer to Mr. T.R. Torrance and dated June 12, 1990 as adopted and endorsed by Council be amended to reduce the limit of protection to be provided in the comprehensive general liability policy of insurance naming the Town as an insured party from $10,000,000 to not less than $9.800.000'; '6. THAT the Chief Administrative Officer be authorized to instruct the Town's Solicitor to take whatever legal action he considers necessary in respect of the proposed rock concert and other events proposed to be held at Mosport Park on August 3, 4, 5 and 6, 1990, in order to protect the Town's interest", and as so amended be adopted; 2. THAT except as otherwise provided in Resolution #1 above, Council confll'mB the requirements respecting security and insurance and other matters set out in its Resolution of June 25, 1990; and 3. THAT Mr. B. Kamin and Mr. T.R. Torrance be so advised. "CARRIED ON THE FOLLOWING RECORDED VOTE' Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard The foregoing Resolution #C-523-90 was then put to a vote and CARRIED AS AMENDED. '--' \. ~. Council Minutes - 23 - July 16, 1990 CONFIRMING BY-LAW Mayor Hubbard made a declaration of interest with respect to Report PD-221-90; vacated her chair and refrained from voting on the Confl1'1lling By- law. Mayor Hubbard's spouse, Dr. E.D. Hubbard, attends to the medical needs of the patients who reside in Careview Manor. Councillor P. Deegan made a declaration of interest with respect to Report PD- 221-90; vacated his chair and refrained from voting on the Confl1'1lling By- law. Councillor Deegan's dental offICe is in cJose proximity and he attends to the dental needs of some of the residents of Careview Manor. Councillor Hamre made a declaration of interest with respect to By-Jaw 90- 123; vacated her chair and refrained from voting on the Confl1'1lling By-Jaw. Councillor Hamre resides in this building. Acting Mayor Hannah chaired this portion of the meeting. Resolution #C.525-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce By-Jaw 90-125, being a by-Jaw to confl1'1ll the proceedings of the Council of the Town of N ewcastie, at this meeting held on the 16th day of July 1990, and that the said by-Jaw be now read a fll'st time. ItCARRIED" Resolution #C-526-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of By-Jaw 90-125 be approved. !'CARRIED" Resolution #G-527-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and fmal reading of By-Jaw 90-125 be approved. "CARRIED" Mayor Hubbard reassumed the chair. \." '-'" \.. Council Minutes ADJOURNMENT - 24- July 16, 1990 Resolution #G-528-90 Moved by Councillor Hooper, seconded by Councillor Wotten THAT the meeting adjourn at 1:50 p.m. 'CARRIED" L CtAU (flu); UtLl& MAYOR