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HomeMy WebLinkAbout09/24/1990 '-' TOWN OF NEWCASTLE COUNCIL MINUTES SEPTEMBER 24, 1990 ROLL CALL Present Were: Absent: Also Present: '- MINUTES DELEGATIONS ""'" Minutes of a regular meeting of Council held on Monday, September 24, 1990, at 7:00 p.m., in the Council Chambers Mayor M. Hubbard Councillor D. Hamre Councillor L. Hannah Councillor K Hooper Councillor F. Stapleton Councillor P. Deegan (On Vacation) Councillor Wotten (On Vacation) Chief Administrative Officer, L. Kotseff Operations Superintendent, J. Cameron Fire Chief, M. Creighton Director of Public Works, W. Evans Town Solicitor, D. Hefferon Treasurer, M. Marano Director of Planning, F. Wu Town Clerk. P. Barrie Resolution #C-619-90 Moved by Councillor Hannah, seconded by Councillor Hamre THAT the minutes of a regular meeting of Council held on September 10, 1990, be approved. IICARRIEDII Mr. Bill Cramer, D.G. Biddle & Associates, 96 King St. E., Oshawa, was caJJed but was not present. Mr. Ron Strike, Strike, Salmers and Furlong, 38 King S.t W., Bowmanville, L1C 1R2, advised Council prior to the meeting that he would not be in attendance. Council Minutes - 2- September 24, 1990 ~ DELEGATIONS Mr. Sam Cureatz, appeared before Council representing Mosport Park. Mr. Cureatz stated that Mosport Park has enjoyed a longstanding, good relationship with the Town and now wants to do its utmost to resolve the difficulties which have surfaced during the summer of 1990. Unfortunately, the difficulties which arose between Mosport Park and Truly Amazing Productions has spilt over into the relationship between Mosport Park and the Town. OfficiaJs of Mosport Park are hoping to meet with Senior OfTJciaJs of the Town of Newcastle in order to outline and clarifY areas of concern from the municipality's point of view so that, by the spring of 1991, the two parties can work in conjunction with one another. Mr. John McDermott, 1305 Pickering Parkway, appeared before Council on behalf of Laidlaw Waste Management Systems (Durham) Ltd., and requested that Council make a decision one way or the other with respect to Laidlaw's application for an infilling project. He stated that the application is to a1low for infilling between two existing mounds and that Laidlaw is presently proceeding through Part V of the Environmental Protection Act. COMMUNICATIONS Resolution #C-620-90 Moved by Councillor Hooper, seconded by Councillor Hamre ~ THAT the communications to be received for information be approved with the exception of Items I - 2, I - 5, I - 6 and I - 8. IlCARRIED" 1 - 1 Correspondence received from Jim Bradley, Minister, Ministry of the Environment - City of Chatham Resolution on Soft Drink Container Legislation; 1- 3 Correspondence received from Barbara Baker, Secretary-Treasurer, Newcastle Public Library Board - 1989 Audited Statement From Deloitte, Touche; I - 4 Correspondence received from Vic Paksinis, P.Eng., Director, Industrial Health and Safety Branch, Ontario Ministry of Labour - Ministry of Labour Regulations For Industrial Establishments; I - 7 Correspondence received from Grace Patterson, Environmental Assessment Board - Environmental Assessment Board 1990 Annual Report; I - 9 Correspondence received from Helen MacDonald, RR # 1, N ewtonville, LOA 1JO - 'Committee Wants Waste Removed From Newcastle" - Canadian Statesman, September 12, 1990; I - 10 Correspondence received from Judith Hurvid and Family, addressed to the Newcastle Community Liaison Group, R.R. #1, Newtonville, LOA lJO - Removal of Radioactive and Other Wastes From Port Granby; '-' Council Minutes - 3 - September 24, 1990 '-' COMMUNICATIONS I - 11 Correspondence received from C.R. Smith, M.C.I.P., Senior Transportation Planner, Parker Consultants - Highway 407 Route Planning and Environmental Assessment Study - Whitby/Oshawa Boundary to Highway 35/115. Councillor Hamre made a declaration of interest with respect to Correspondence Item I - 2; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Hamre indicated that her husband and son are employed by Bell Canada. I - 2 Resolution #C-621-90 Bell Canada Moved by Councillor Hooper, seconded by Councillor Hannah 68.2.2. THAT the correspondence dated August 27, 1990, from O.M. Lyttle, Section Manager, Business OffICe, Bell Canada, forwarding a News Release regarding Bell Canada's Local Expenditures be received for information. ttCARRIED" 1-5 Resolution #G-622-90 Cadillac Fairview 60.2.99. Moved by Councillor Hooper, seconded by Councillor Hamre '-' THAT the correspondence dated September 14, 1990, from L.M. Harrs, Vice-President, Retail Development, Cadillac Fairview, regarding a 34 acre site at the northeast comer of Highway 401 and the Waverley Road Interchange be received and referred to the Director of Planning for appropriate action. 'CARRIED" 1-6 Resolution #C-623-90 Environmental Moved by Councillor Hamre, seconded by Councillor Hannah Assessment Board 35.31.10. THAT the correspondence dated September 19, 1990, from Grace Patterson, Chair, Environmental Assessment Board, regarding proposed changes to the Hearing Process be received and referred to the Director of Planning for the preparation of a draft review to be submitted to the General Purpose and Administration Committee on October 1, 1990. ttCARRIED" Councillor Hamre made a declaration of interest with respect to Correspondence Item I - 8; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Hamre indicated that she resides in the immediate area of one of the proposed candidate landfIll sites. '-' Council Minutes '--' - 4- September 24, 1990 COMMUNICATIONS 1-8 Durham Region Waste Management Masterplan 35.23.6. '--' '-' Resolution #C-624-90 Moved by Councillor Stapleton, seconded by Councillor Hannah WHEREAS Council has been advised that MacLaren Engineers have recommended that the Region of Durham examine in detail five candidate sites for a Regional Landf1ll; WHEREAS tiJl'ee of these sites are located in the Town of Newcastle; WHEREAS in preparing its recommendations MacLaren Engineers developed selection criteria and selected candidate landfill sites without any consultation with the Council of the Town of Newcastle, Town staff, and the Region's Commissioner of Planning and without regard to the studies and proposaJs related to the review of the Region's Official Plan; WHEREAS each of the three proposed landfill sites within the Town of Newcastle is unacceptable for that purpose on environmental, planning, transportation and negative impact on the community grounds; WHEREAS the selection of any of the MacLaren Engineeers' recommended sites will cause irreparable damage to the Town of Newcastle and its residents: NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF NEWCASTLE: 1. THAT MacLaren Engineers' recommendations of candidate sites for a Regional landfill site within the Town of Newcastle are unacceptable for environmental, planning, transportation and negative impact on the community grounds; 2. THAT Council opposes the adoption of MacLaren Engineers' recommendations in this regard and urges the Region of Durham to do likewise; 3. THAT Council recommends that the Region of Durham now terminate the investigation of the recommended landfill sites within the Town of Newcastle in reference to any of the candidate sites located in the Town of Newcastle; 4. THAT the Town of Newcastle deplores the secrecy and lack of consultation that have been inherent in the selection process for a Regional landfill site to date and urges Regional Council to establish immediately an open consultative approach with the Town of Newcastle, its staff and residents; 5. THAT Council requests that the Region immediately cause to be made available to the Town a1l studies, analyses and reports prepared by and for MacLaren Engineers, in connection with the selection of a Regional landfIll site and a1l minutes of meetings convened by or participated in by MacLaren Engineers, the Public Liaison Committee, Regional staff and the Regional Chairman which in any way deal with the selection of a Regional landfill site; Council Minutes - 5- September 24, 1990 ~ COMMUNICATIONS 6. THAT Council requests the Region to instruct the Public Liaison Committee to visit property owners and residents of the candidate Regional landfill sites in the Town of Newcastle which are recommended by MacLaren Engineers for consideration of a Regional landfill site and inform a1l interested persons that their land will not be acquired by the Region of Durham as a Regional landfill site and that the Chairman of the Public Liaison Committee report to the Town Council on his actions in this regard; 7. THAT the sum of $100,000.00 be set aside in the 1991 budget for the purpose of hiring consultants to assist Town staff in opposing the selection of any site in the Town of Newcastle as a Regional Landfill site; and 8. THAT this resolution be sent to: Regional Chairman Regional Councillors Honourable Robert Rae, Premier Elect of the Province of Ontario MacLaren Engineers. 'CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote '-' Yea Nav Absent Councillor Hannah Councillor Hooper Councillor Stapleton Mayor Hubbard Councillor Deegan Councillor Wotten Declaration of Interest Councillor Hamre Resolution #C-625-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated September 14, 1990, from CW. Lundy, Regional Clerk, Regional Municipality of Durham, regarding Durham Region Waste Management Masterplan - Schedule For Announcement of Landfill Candidate Sites be received for information. "CARRIED' '-' Council Minutes - 6- September 24, 1990 '--' COMMUNICATIONS "-" '-' D - 1 Crossing Guard - Nash & CentrefIeld 68.26.2. D - 2 Town of Markham Resolution on Funding 35.11.2. D - 3 United Way Week 10.2.11. Resolution #C-626-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the correspondence dated September 6, 1990, from S. Summersides, Principal, S.T. Worden Public School, requesting that a Crossing Guard be appointed to the Nash Road and CentrefIeld intersection be received; THAT Ms. Summersides' request be referred to the Director of Planning and Development for appropriate action; and THAT Ms. Summersides be advised of Council's decision. "CARRIED" Resolution #C-627-90 Moved by Councillor Hannah, seconded by Councillor Hamre THAT the correspondence dated September 4, 1990, from Christine Palmer, Deputy Clerk, Town of Markham, objecting to a Provincia1 Policy being implemented through the Ontario Municipal Board in the case of Funded Non-ProfIt Housing be received for information. llCARRIED!! Resolution #C-628-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated September 11, 1990, from W.F. Hicks, Section Chairman, Newcastle United Way Campaign, Goodyear Canada Inc., with respect to "United Way Week" be received; THAT the week of September 26, 1990 be proclaimed 'United Way Week" in the Town of Newcastle and advertised in accordance with Town Policy; and THAT Mr. Hicks be advised of Council's decision. "CARRIED" Correspondence dated September 21, 1990, was received from Reverend Richard T. Hillsden, Liberty Pentecostal Church as a handout. Council Minutes - 7- September 24, 1990 '-' COMMUNICATIONS D.4 Liberty Pentecostal Church Concert 10.2.11. Recycling Week Co- Ordinators 10.2.11. ~ RECESS REPORTS Report # 1 G.PA Report of September 17, 1990 ~ Resolution #C-629-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the correspondence dated September 21, 1990, from Reverend Richard T. Hillsden, Liberty Pentecostal Church, requesting permission to use the Civic Square for a one hour concert on Saturday, September 29, 1990, be received; THAT the request of the Liberty Pentecostal Church be endorsed; and THAT staff take a1l of the necessary actions for the implementation of the concert. tlCARRIEDl! Resolution #C-630-90 Moved by Councillor Hannah, seconded by Councillor Hamre THAT Mrs. Helen MacDonald, and Mrs. Suzanne Elston be appointed as the Town of Newcastle's Recycling Week Co-Ordinators for the week of November 19 - 25, 1990. "CARRIED" Resolution #C-631-90 Moved by Councillor Hannah, seconded by Councillor Hamre THAT Council recess for ten minutes. IlCARRIED" The meeting reconvened at 8:09 p.m. Resolution #C-632-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of September 17, 1990, be approved with the exception ofItems #12 and #14. HCARRIEDl! Council Minutes - 8- September 24, 1990 \""., REPORTS Item #12 Resolution #C-633-90 Courtice West Moved by Councillor Hamre, seconded by Councillor Hannah Neighbourhood Plan THAT Report PD-280-90 be received; 60.34.102. THAT the proposed amendments to the Town of Newcastle Official Plan and the Courtice West Neighbourhood Development Plan, being Attachment Nos. 1 and 2 to Report PD-280-90, respectively, be adopted by Council, save and except the park east of DarJington Blvd., THAT the issue of the park proposed for the east side of Dar1ington Blvd. be referred back to staff for review of further options and negotiations and preparation of a subsequent report to the General Purpose and Administration Committee; THAT a copy of Report PD-280-90 and Council's decision be forwarded to the City of Oshawa and the Region of Durham Planning Departments; and THAT the interested parties listed in Report PD-280-90 and a1l delegations be advised of Council's decision. '--' 'CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWNG AMENDING MOTION) Resolution #C-634-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the foregoing Resolution #C-633-90 be amended by adding a new third paragraph as follows: "THAT the amendment to the Courtice West Neighbourhood Development Plan, being Attachment #2 to Report PD-280-90, be modifIed to adjust the "Major Open Space' boundary as it relates to the lands owned by Quantum Homes to reflect the zoning by-Jaw;" IlCARRIED" The foregoing Resolution #C-633-90 was then put to a vote and CARRIED AS AMENDED. ~ Council Minutes '-' REPORTS Item #14 Markborough and West Bowmanville 60.30.204. 60.35.478. "-' "-' - 9 - September 24, 1990 Resolution #C-635-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT Report PD-282-90 be received; THAT Official Plan Amendment Application 88-87/D/N (Revised) submitted by Markborough Properties and West Bowmanville Developments be recommended to the Region of Durham for approval tiJl'ough an appropriate amendment to the Durham Regional Official Plan and the Town of Newcastle Official Plan to permit the development of a 21,400 sq. m. (230,000 sq. ft.) shopping centre on the subject property, subject to the owners entering into an agreement with the Town with respect to payment of $300,000 as their share of the provision of water supply services including an escalation clause; THAT Rezoning Application DEV 88.99 (Revised) submitted by Markborough Properties and West Bowmanville Developments to permit the development of the proposed shopping centre be approved; THAT the amending by-Jaw be passed subsequent to the owners meeting the following conditions: a) Official Plan Amendment Application 88-87/D/N being approved by the Region of Durham; b) The owners satisfY the requirements of the Ministry of Transportation with respect to transportation and access issues. This condition is applicable in the event Highway No. 2 is transferred to the Region or the Town; c) The owners enter into an agreement with the Town of Newcastle, satisfYing a1l requirements, site planning, fmancial and otherwise of the Town of Newcastle; THAT Staff examine the technical aspects of melding the application submitted by West Bowmanville Developments for the Canadian Tire project with the subject application; and THAT any delegation and those persons listed in Report PD-282-90 be advised of Council's decision, and a copy of Report PD-282-90 be forwarded to the Region of Durham Planning Department. 'CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes -10- September 24, 1990 '-' REPORTS Resolution #C-636-90 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the foregoing Resolution #C-635-90 be amended by deleting the second and fifth paragraphs in their entirety and adding a new second paragraph as follows: "THAT Official Plan Amendment Application 88-87/D/N (Revised) submitted by Markborough Properties and West Bowmanville Developments be recommended to the Region of Durham for approval tiJl'ough an appropriate amendment to the Durham Regional Official Plan and the Town of Newcastle OtrICial Plan which would permit the development of a 21,400 sq. m. (230,000 sq. ft.) shopping centre on the subject property and which would also incorporate the 3,200 sq. m. (33,900 sq. ft.) of retail floor space permitted under the adjacent local central area designation, subject to the owners entering into an agreement with the Town with respect to the payment of $300,000 as their share of the provision of water supply services including an escalation clause;" t'CARRIED" The foregoing Resolution #C-635-90 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Recorded Vote '-' Yea Nav Absent Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Mayor Hubbard Councillor Deegan Councillor Wotten Report #2 Resolution #C-637-90 Laidlaw InfIll Moved by Councillor Hamre, seconded by Councillor Hannah Proposal 60.30.113. THAT Report PD-302-90 be received for information. 60.35.535. "CARRIED' '-' Council Minutes - 11 - September 24, 1990 '-' UNFINISHED BUSINESS Resolution #G-638-90 Sam Cureatz Moved by Councillor Hamre, seconded by Councillor Hooper THAT the presentation of Mr. Sam Cureatz be received and acknowledged; THAT Mr. Cureatz' comments be referred to the Chief Administrative Officer and appropriate staff to be addressed; THAT a subsequent report dealing with the resolution of outstanding issues with Mosport Park Limited, be forwarded to Council after consultation with Mosport Park Limited to resolve the issues in a co-operative manner, it being recognized by Council that Mosport Park Limited must comply with a1l applicable Jaws including By-Jaw 78- 50 and pay a1l arrears of taxes FORTHWITH; and THAT Mr. Sam Cureatz be advised of Council's decision. "CARRIED' Resolution #C-639-90 Laidlaw Moved by Councillor Hamre, seconded by Councillor Stapleton ~ WHEREAS Laidlaw Waste Management Systems (Durham) Limited "Laidlaw' has applied for approvals under the Environmental Protection Act and the Planning Act, 1983 to permit a proposed 'Inli.Il" and "Expansion" of its landfill site located on part of Lots 11 and 12, Concession 3, former Township of Clarke, (now the Town of Newcastle) in order to permit a substantial amount of additional waste to be deposited at this location; WHEREAS Laidlaw is a subsidiary of a major waste disposal company which operates a large number of landfill sites in Ontario with substantial capacity; WHEREAS the Newcastle site is environmenta11y sensitive and is totally unsuited for both the proposed Infill and Expansion of the existing landfill site; WHEREAS the previous Government of Ontario under the Premiership of the Honourable David Peterson refused to act on the Town Council's request as expressed in Resolution #C-1003-87 and Resolution passed on February 12 1990 that both Laidlaw's Infill and Expansion proposaJs be designated as undertakings to which the Environmental Assessment Act applies so as to afford the residents of the affected area, the Town and the Region the full protections provided by the Environmental Assessment Act in order to ensure the protection, conservation and wise management in Ontario of the environment; '-' WHEREAS Council is of the view that it is improper to a1low the avoidance of the provisions of the Environmental Assessment Act with respect to privately owned landfill sites and operations by refraining from requiring such proposals from being automatica1ly subject to a1l of the provisions of the Environmental Assessment Act that now apply in respect of public bodies or municips1ities: Council Minutes - 12 - September 24, 1990 "'" UNFINISHED BUSINESS NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE: .... 4. 1. THAT Council confl1'1ll its request of the Government of Ontario as contained in Resolution #C-1003-87 and Resolution passed on February 12, 1990 and urgently requests that Laidlaw be required to comply with a1l of the provisions of the Environmental Assessment Act in respect of the proposed Infill and Expansion of its existing landfill site on part of Lots 11 and 12, Concesaion 3, former Township of Clarke (now the Town of Newcastle) by passing the necessary regulation under Section 40 of the Environmental Assessment Act to make that Act apply to each of them; 2. THAT the Government of Ontario, without delay, introduce legislation to amend the Environmental Assessment Act to subject private sector landfill enterprises, activities or proposals to the provisions of the Environmental Assessment Act on the same basis as if such enterprises, activities or proposals were made by a public body or municipality now subject to that Act; 3. THAT this resolution be sent to: The Honourable Robert Rae, Premier-Elect of Ontario, Mr. Gary Herrema, Chairman of the Regional Municipality of Durham, Mr. Gord Mills, MPP-Elect, Durham East; and Laidlaw Waste Management Systems (Durham) Limited; and THAT the delegation of Mr. John McDermott be acknowledged and he be advised of Council's decision. 'CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Absent Nav Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Mayor Hubbard Ilw Councillor Deegan Councillor Wotten Council Minutes '-' BY-LAWS ....... '-' - 13 - September 24, 1990 Resolution #C-840-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT leave be granted to introduce the following by-Jaws, and that the said by-Jaws be now read a fll'st time: 90-159 being a by-Jaw to amend By-Jaw 84-63, the Comprehensive Zoning By-Jaw for the Corporation of the Town of Newcastle (Janet Rice); 90-160 being a by-Jaw respecting the deposit of and retention of certain waste on lands in the Town of Newcastle; 90-161 being a by-Jaw to amend By-Jaw 77-25, "a by-Jaw regarding the maintenance, management, regulation and control of certain cemeteries in the Town of Newcastle, as amended"; 90-162 being a by-Jaw to dedicate certain lands as public highway in the Town of Newcastle, Part of Lot 5, Broken Front Concession A, former Township of Clarke; 90-163 being a by-Jaw to amend By-Jaw 76-25, being a by-Jaw to regulate signs in the Town of Newcastle. "CARRIEDIt Resolution #C-641-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the second reading of the following by-Jaws be approved: 90-159; 90-160; 90-161; 90-162; 90-163. "CARRIEDII Resolution #C-642-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the third and fmal reading of the following by-Jaws be approved: 90-159; 90-160; 90-161; 90-162; 90-163. 'CARRIED" Council Minutes - 14- September 24, 1990 \. OTHER BUSINESS Rentals of Town-Owned Facilities Sidewalk Highway #2 Prestonvale Road Resolution #C-643-90 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the Treasurer review and report to the General Purpose and Administration Committee at their meeting scheduled to be held October 1, 1990, on methods of fmancing the rentals of Town-owned and operated faci1ities, with no impact being flitered to the taxpayers, for any Association wishing to hold events to assist families who experienced property damage during the tornado of August 28, 1990. "CARRIED' Resolution #C-644-90 Moved by Councillor Hannah, seconded by Councillor Hamre THAT the Director of Public Works investigate the construction of a sidewalk on the south side of Highway #2, from Prestonvale Road westerly to Centrefield Drive and report back to the General Purpose and Admini.t.ration Committee. '- CONFIRMING BY-LAW "CARRIED" ....... Councillor Hamre made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confll'ming By-Jaw. Resolution #C-645-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT leave be granted to introduce By-Jaw 90-164, being a by-Jaw to confll'ID the proceedings of the Council of the Town of Newcastle at this meeting held on the 24th day of September 1990, and that the said by-Jaw be now read a fll'st time. "CARRIEDII Resolution #C-646-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the second reading of By-Jaw 90-184 be approved. "CARRIED' Council Minutes ~ CONFIRMING BY-LAW Resolution #C-647-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the third and fmal reading of By-Jaw 90-164 be approved. . 15 - September 24, 1990 "CARRIED" ADJOURNMENT Resolution #C-648-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the meeting adjourn at 8:36 p.m. "CARRIED" ~ ~u Ae-r~"'Er MAYOR .......