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Home My WebLink About07/13/1992 . . . Council Minutes ROLL CALL Present Were: Also Present: PRAYERS MINUTES DELEGATIONS TOWN OF NEWCASTLE July 13, 1992 Minutes of a regular meeting of Council held on Monday, July 13, 1992, at 7:00 p.m., in the Council Chambers Mayor D. Hamre Councillor A. Dreslinski Councillor L. Hannah Councillor K Hooper Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Chief Administrative OffICer, L. Kotseff Director of Community Services, J. Caruana (Until 10:00 p.m.) Fire Chief, M. Creighton (Until 10:00 p.m.) Director of Public Works, W. Evans (Until 10:00 p.m.) Treasurer, M. Marano Director of Plsnning and Development, F. Wu (Until 10:00 p.m.) Town Clerk, P. Barrie Councillor Hannah led the meeting in prayer. Mayor Hamre advised Council that Mr. Smith of General Motors today submitted a press release announcing that the Oshawa Car Assembly Plant will continue to build the Buick Regal and the Chevy Lumina through the 1994 model year. Resolution #C-462-92 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the minutes of a regular meeting of Council held on June 22, 1992, be approved. lICARRIED" Mrs. Evylin Stroud and Mrs. Judy Hurvid were presented with Town Plaques and copies of the Certillcate which the Town of Newcastle received from Ontario Recycling Council in recognition of the work which they put forth during Waste Reduction Week 1991. Mr. Rob Snoek, a local athlete who will be representing Canada at the Para- Olympics in Barcelona, Spain in September 1992, was present to receive Town of Newcastle souvenirs and best wishes from the Mayor and Members of Council. . . . Council Minutes DELEGATIONS - 2- July 13, 1992 Mr. Frank Findlsy, c/o Learning Disabilities Association of Ontario, Oshawa Chapter, R.R. #2, Bowmanville, LIC 3K3, addressed Council in support of the recommendations contained in Report CD-21-92. Mr. Findlsy described to Council some of the work which the Learning Disabilities Association is involved in and explained that the proceeds received from the sale of Nevada tickets will help with Eastern Chapter funding. Mr. Larry DeFosse, 28 Foster Creek Drive, Newcastle, LIB IG2, addressed Council requesting approval to operate a shuttle bus service between Bowmanville and Newcastle. He indicated that he has contacted GO Transit and has been advised that they have no plans to commence a service of this nature in the immediate future. The Chamber of Commerce and the Business Improvement Areas have indicated support for this proposal. Mr. DeFosse advised that he has converted a 24-passenger school bus which he plans to run along Highway #2 six times per day to complement the present GO Transit service. Mr. Eric Pringle, Chemical Engineer, Project Manager, Gartner Lee, appeared before Council, on behalf of Atlantic Packaging Products Limited. He indicated that Atlantic Packaging is a paper manufacturer with mills located in Whitby and Scarborough who recycle paper products to make tissue paper, newsprint and corrugated material. Atlantic has established a Paper Fibre Soil Enrichment Program aimed at making paper flhre sludge available to farmers for use as an organic soil conditioner on agricultural land and to aggregate producers for pit and quarry rehabilitation. The program is operated in accordance with the Certillcate of Approval issued by the Ontario Ministry of the Environment. The existing CertifICate, which expires on August 31, 1992 limits the use of paper sludge to farm sites located with in the Region of Durham. Mr. Pringle requested that Council adopt a resolution which will allow farmers and pit and quarry operators within the Town of Newcastle to participate in the program. Mrs. Magda Zoelman, R.R. #4, Bowmanville, LIC 3K5 addressed Council with respect to StafTReport PD-I63-92 Utem #10 of Report #1). She stated that she is in favour of changing the name of Concession Road 4 to Tobacco Road in order to preserve a piece of local history and to commemorate 50 years of tobacco farming in the area Mrs. Joan Tax, R.R. #4, Bowmanville, LIC 3K5, addressed Council with respect to StafTReport PD-163-92 Utem #10 of Report #1). Mrs. Tax indicated that tobacco has been the predominant crop grown along Concession Road 4 for 50 years and she requested that all owners of property abutting Concession Road 4 be included in the recommended poll, not only those individuals whose mRmng address is Concession Road 4. Council Minutes . DELEGATIONS . 1. 2. 3. 4. 5. . 6. - 3 - July 13, 1992 Mr. Robert Maddocks, Central Ontario Four Wheel Drive, 7 Harrison Court, Whitby, L1N 6E2, advised Council that over the last five years the Four Wheel Drive Club has worked with the U.S. Forestry Service repairing fIsh dams and bridges and cleaning trails and back roads which they then use for off-roading events. Mr. Maddocks requested Council's permission to do the same in the area located east of Highway 57 in the vicinity of Burketon. He ststed that if Council were to supply a dumpster to the Club, they would go in and clean up the area. Mr. Maddocks indicated that the Club holds approximately 20 events per year at various sites and each event would involve approximately 40 to 50 people. Mrs. Flora Curtis, 3280 Tooleys Road, Courtice, LIE 2K7, requested Council's permission to hold a fireworks display the weekend of August 8 and 9, 1992 for a family reunion finale (See Correspondence Item D - 6). Mrs. Curtis indicated that the neighbours in the immediste area have no objections to the fll'eworks display. A representative from Eco Farms Waste Management Inc., was called but was not present. Mr. Wayne King, Main Street, Orono, LOB IMO, was called but was not present. Mr. Hannu Halminen, 1748 Baseline Road, Oshawa, indicated support of the recommendations contained in Report WD-56-92 and answered questions from Council pertaining to the Report. Mr. Michael Patrick, Chairman, Mayor's Task Force on Economic Development presented the Task Force's Interim Report. He indicated that the work of the Task Force and Stephen Chait Consultants will complement each other. Several sub-committees of the Task Force have been formed to review various subjects in more detsiJ, namely: Taxes and Costs - the Town of Newcastle has the highest industrial realty taxes east of Toronto; Business Services in the Town - What do we offer, what do other municipalities offer; Zoning and Regulations - the planning process of the Town appears cumbersome and difficult; Image and Attitude - input has lead to the conclusion that the Town is tough to do business with; Legislative Environment - reviewing all legal avenues available to encourage business development in the Town; and Education - other jurisdictions are pushing education and training as a plus for doing business in their Town. Mr. Patrick advised that the recommendations of the Task Force will be formalized in early fall. . . . Council Minutes COMMUNICATIONS - 4- July 13, 1992 Resolution #C-463-92 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:30 p.rn. Resolution #C-464-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception of Items I - 5, I - 12, I - 16, I - 18, I - 21 and I - 22. "CARRIED' I - 1 Ontario Municipal Board Decision in the Matter of an Appeal by Irwin Weidner and Ruth Weidner, Part Lot 35, Concession 3, Town of Newcastle; I - 2 Correspondence received from David Munford, Head, Budget Planning/Monitoring, Ministry of Transportation - Subsidy Allocations; I - 3 Correspondence addressed to Gord Mills, MPP, from Catherine Michael, 4188 Lakeshore Road, Newcastle, LiB 1L9 - Proposed Durham Landfill Site; I - 4 Correspondence received from Doug Barnes, Director, Local Government Policy Branch, Ministry of Municipal Affairs - Open Local Government Proposal; I - 6 Correspondence received from Jim Shewchuk, Senior Community Relations Officer, Ontario Hydro - Public Information Centres - Sudbury to Toronto Area Transmission Reinforcement Study; I - 7 Correspondence received from C.W. Lundy, Regions! Clerk - Application to Amend the Durham Regions! Official PIan to Permit a Non-Farm Residential Lot (Ochonski); I - 8 Minutes of a meeting of the Mayor's Task Force on Economic Development held on May 22, 1992; I - 9 Ontario Municipal Board Decision in the Matter of Proposed Amendment No. 233 to the OffICial PIan for the Regions! Municipality of Durham and an Appeal Against Zoning By-law 89-103; Council Minutes . COMMUNICATIONS - 5 - July 13, 1992 1- 10 Correspondence received from Vera Lafferty, Secretary General, Siting Task Force - Community Liaison Group; 1- 11 Correspondence received from Stephen F. Shine, P.O. Box 216, Suite 705, 2 Simcoe Street South, Oshawa, L1H 7Ll - Rezoning Application by Bryan MacLean; 1- 13 Correspondence received from Terrence Korotki, Clerk-Treasurer, Township of Haldimand . Ganaraska Region Conservation Authority Education Program; I - 14 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on June 26, 1992; I - 15 Correspondence received from Gilles Pouliot, Minister, Ministry of Transportstion - Subsidy for a Technical Feasibility and Station Location Study for GO Rail Service to Bowmanville; 1-17 1-19 . 1-20 1-23 1-24 1-5 News Release from the Ministry of the Environment New Pollution Prevention Tools Anoounced By Environment Minister Ruth Grier; Correspondence received from Helen MacDons!d, R.R. #1, Newtonville, LOA 1JO - Community Energy Conservation/Efficiency Plan; Memorandum received from the Ministry of Transportstion - Transit- Supportive Land Use PIarming Guidelines; Minutes of a meeting of the Bowmanville Museum Board held on June 11, 1992; Correspondence received from Gordon Mills, MPP, Durham East- Highway 2 at Prestonvale Road - Traffic Signals. Resolution #G-465-92 Wetlands Policy Statement D05.3799.GE Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 24, 1992, from Dave Cooke, Minister, Ministry of Municipal Affairs and C.J. (Bud) Wildman, Minister, Ministry of Natural Resources, regarding the Wetlands Policy Statement which was recently approved by Cabinet, be received for information. . "CARRIED AS AMENDED LATER IN THE MEETING' (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS 1-12 Highway 407 Route Planning T05.420.HW 1- 16 Safety Concerns William Panta T07.428.GE - 6- July 13, 1992 Resolution #C-466-92 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-465-92 be amended by adding the following thereto: "and referred to the Director of Planning and Development for the preparation of a report highlighting the changes between the draft and the fmal Wetlands Policy Statement.' "CARRIED" Resolution #C-465-92 was then put to a vote and CARRIED AS AMENDED. Resolution #C-467-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 17, 1992, from Cliff Lumley, Area Manager, Ministry of Transportation, regarding Highway 407/Transit Transportation Corridor, Route Planning and Environmental Assessment Study, be received for information. 'CARRIED" Resolution #C-468-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 26, 1992, from C.F. Stephens, Regional Engineer, Ontario Region, Transport Canada, regarding safety concerns, Mr. William Panta's Farm Crossing, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING' (SEE FOLLOWING AMENDING MOTION) Resolution #C-469-92 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the foregoing Resolution #C-468-92 be amended by adding the following thereto: 'and referred to the Chief Administrative Officer for appropriate action and preparation of a report to be submitted to the General Purpose and Administration Committee." "CARRIED" Resolution #C-468-92 was then put to a vote and CARRIED AS AMENDED. . . . Council Minutes COMMUNICATIONS 1-18 Laidlaw Waste Systems E07.244.LA 1-21 Eco Farms Waste Management E07.3824.GE 1-22 St. Marys Cement M02.3862.GE - 7- July 13, 1992 Resolution #G-470-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 24, 1992, from Helen Macdons!d, addressed to the Office of Consolidated Hearings, regarding Laidlaw Waste Systems (Durham) Property, as a potential garbage dump site for the Region of Durham, be received for information. 'CARRIED' Resolution #C-471-92 Moved by Councillor Hooper, seconded by Councillor H RnnR h THAT the correspondence received from Eco Farms Waste Management Inc., regarding the estsblishment of fucilities to achieve 95% re-use and recycling, be received for information. 'CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-472-92 Moved by Councillor O'Toole, seconded by Councill6r Dreslinski THAT the foregoing Resolution #C-471-92 be amended by adding the following thereto: "and that Councillor Hannah be requested to introduce the correspondence to the Works Committee of the Regions! Municipality of Durham." "CARRIED" The foregoing Resolution #G-491-92 was then put to a vote and CARRIED AS AMENDED. Resolution #C-473-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 22, 1992, from J. Willan, Employee Relations Supervisor, St. Marys Cement Co., regarding the Grand Opening Celebration for the Newly Constructed Dry Process Operation of the Bowmanville Plant, be received for information. 'CARRIED" . . . ~ Council Minutes COMMUNICATIONS D.l Association Of Day Care Operators SOO.3884.GE D - 2 Bowmanville BIA Events M02.3862.GE D - 3 Rob Larocque Eiram Subdivision D12.18T.87049 - 8- July 13, 1992 Resolution #C-474-92 Moved by Councillor Hooper, seconded by Councillor H RnnR h THAT the correspondence dated May 14, 1992, from Judith Preston, President, Association of Day Care Operators of Ontario, regarding proposals put forth by the Provincial Government affecting private and public day care in the Province, be received and fIled as day care is the responsibility of the Regions! Municipality of Durham. IICARRIEDIt Resolution #C-475-92 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated July 6, 1992, from Garth Gilpin, Secretary- Treasurer and General Manager, Bowmanville Business Centre, requesting Council's approval to place a 20 x 40' marquee tent on the Town Square for several events during the sidewalk sale the weekend of July 16 - 18, 1992, be received; THAT permission be granted to the Bowmanville Business Centre to erect the marquee tent providing all regulations of the Town are adhered to; THAT the Bowmanville Business Centre contact the Royal ('",nRc!iRI) Legion regarding harriers to be placed around the Cenotaph; and THAT Garth Gilpin be advised of Council's decision. "CARRIED'! Resolution #C-476-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated June 19, 1992, from Rob Larocque, 47 Elford Drive, Bowmanville, regarding the parking of vehicles on the front yards and boulevards of townhouses constructed on Elford Drive and Pomeroy Drive, be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Rob Larocque be advised of Council's decision. "CARRIEDll . . . Council Minutes COMMUNICATIONS D - 4 Increase In Parking Violation Fines T02.3890.GE D - 5 AMO Nominations A01.005.AM - 9- July 13, 1992 Resolution #G-477-92 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated June 4, 1992, from D.H. McMullen, Chairman, Traffic Advisory Committee, Regional Municipality of Durham, requesting Council's consideration of an Increase in Parking Violation Fines, be received; THAT the 1993 proposed fines as suggested by the Traffic Advisory Committee be adopted; and THAT D.H. McMullen be advised of Council's decision. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nm: Absent Councillor Dreslinski Mayor Hamre Councillor Hannah Councillor Hooper Councillor Novak Councillor O'Toole Councillor Scott Resolution #C-478-92 Moved by Councillor O'Toole, seconded by Councillor Hannah THAT the correspondence dated June 4, 1992, from D.H. McMullen, Chairman, Traffic Advisory Committee, regarding an Increase in Parking Violation Fines, be received; and THAT D.H. McMullen be advised that the Council of the Town of Newcastle supports the existing fine structure. llCARRIED" Resolution #C-479-92 Moved by Councillor DresJinski, seconded by Councillor Hannah THAT the correspondence dated June 16, 1992, from the Association of Municipalities of Ontario, requesting nominations for the 1992-93 AMO Board of Directors, be received and fIled. 1tCARRIEDtl . . . Council Minutes COMMUNICATIONS D - 6 Fireworks Display PO 1. 1324.FI D - 7 Street Dance Mossgrove Court M02.3862.GE D - 8 Stapleton Bros. Rezoning DI4.DEV.92.030 - 10- July 13, 1992 Resolution #G-480-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated June 10, 1992, from Flora Curtis, requesting Council's permission to hold a fireworks display during the weekend of August 8 and 9, 1992, be received; THAT exemption from Paragraph 2(1) of By-law 92-160, being a by-law to regulate the setting off of fireworks and the sale of fireworks, be granted to allow the applicant to hold a fireworks display at a time other than during the five day period immediately preceding and the five day period immediately following the day set by Statute for the observance of Victoria Day and/or Canada Day; THAT the applicant adhere to all other requirements of By-law 92-160; and THAT Flora Curtis be advised of Council's decision and be provided with a copy of By-law 92-160. 'CARRIED" Resolution #C-481-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated July 7, 1992, from residents of Mossgrove Court, requesting permission to hold a street dance on Saturday, July 25, 1992, be received; THAT permission be granted for the street dance, provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Susan McKee be advised of Council's decision. t1CARRIEDII Resolution #G-482-92 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated June 29, 1992, from Marvin Stapleton, requesting Town Council to waive the $300 Special Occasion Fee for Motorcycle Races which are anticipated to be held at 2814 Stapleton Road, be received; and THAT Marvio Stapleton be advised that his request is denied as the rezoning issue has not yet been dealt with. 'CARRIED" . . . Council Minutes COMMUNICATIONS D - 9 Paper Fiber Soil Enrichment Program Eoo.3813.GE D - 10 Development Charles Rehder/ Edsall F21.1758.DE D-11 Multicultural Council Fl1.236.GE -11- July 13, 1992 Resolution #C-483-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated June 25, 1992, from Eric Pringle, Chemical Engineer, Project Manager, Gartner Lee, regarding the Paper Fiber Soil Enrichment Program - Atlantic Packsging Products Ltd., be referred to the General Purpose and Administration Committee Meeting scheduled to be held on July 20, 1992. "CARRIED" Resolution #C-484-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated July 2, 1992, from Sam Gust, President, 671461 Ontario Limited, regarding Development Charges, RehderlEdsall, be received; THAT the correspondence be referred to the Chief Administrative Officer, the Director of Planning and Development and the Solicitor for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Sam Gust be advised of Council's decision. 'CARRIED" Resolution #C-485-92 Moved by Councillor Hooper, seconded by Councillor Scott THAT the correspondence dated June 26, 1992, from the Multicultural Council of OshawalDurham seeking Council's moral and fmancisl support for Expansion '92, be received for information. "MOTION WST" Resolution #C-486-92 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the correspondence dated June 26, 1992, from the Multicultural Council of OshawalDurham, requesting moral and fmancial support for Expansion '92, be received; and THAT Councillor Linda Dionne, Carmen Germano and Terence V. Kelly be invited to a future Council Meeting to make a presentation to further explain their project. "CARRIED' . . . Council Minutes COMMUNICATIONS D - 12 Criminal Justice System in Canada ClO.173.AD D - 13 Plsnning and Development Reform In Ontario A01.3756.GA D - 14 Siting Task Force CI2.4423.CO - 12 - July 13, 1992 Resolution #C-487-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 10, 1992, from Frank Mazucca, Mayor, Town of Capreol, regarding the Present Criminal Justice System in Canada, be received; THAT the resolution of the Corporation of the Town of Capreol regarding this matter be endorsed; and THAT Gord Mills, MPP and Frank Mazucca be advised of Council's decision. "CARRIED'1 Resolution #C-488-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence received from D. Gayle Hall, Chief Administrative Officer, Ganaraska Region Conservation Authority, requesting the Town's comments on the ACAO Submission to the Commission on Planning and Development Reform in Ontario, be received; THAT the correspondence be referred to the Director of Plsnning and Development for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Gayle Hall be advised of Council's decision. "CARRIED" Resolution #C-489-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated July 3, 1992, from Vera Lafferty, Secretary General, Siting Task Force, regarding the appointment of the Chairperson for the Newcastle Community Liaison Group, be received; THAT the nomination of John Veldhuis as Chairperson of the Newcastle Community Liaison Group be approved; and THAT Vera Lafferty and John Veldhuis be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 15 Newcastle Library Audited Statement FI0.3833.GE D - 16 Local Airports Authority D03.220.TO D - 17 AMO Voting Delegates A04.3761.GE D - 18 Ministry Of Transportation Fl1.236.GE - 13 - July 13, 1992 Resolution #C-490-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated July 2, 1992, from Barbara K Baker, Secretsry-Treasurer, Newcastle Public Library Board, forwarding the 1991 Audited Statement from Deloitte Touche, be received; THAT the 1991 Audited Statement of the Newcastle Public Library Board be accepted by the Council of the Town of Newcastle; and THAT Barbara Baker be advised of Council's decision. 'CARRIED" Resolution #C-491-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated June 30, 1992, from Sid Valo, President, Mississauga Board of Trade, regarding Local Airports Authority, be received and fIled llCARRIEDII Resolution #C-492-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence received from the Association of Municipalities of Ontario, requesting Voting Delegates for the Annual AMO Conference to be held August 23 - 25, 1992, be received; and THAT the following Members of Council be appointed as the Town of Newcastle's Voting Delegates: Councillor Ann Dreslinski Councillor Larry H RnnR h Councillor Mary Novak Mayor Diane Hamre 'CARRIED' Resolution #C-493-92 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated June 9, 1992, from W. J. Peck, District Engineer, Ministry of Transportation, regarding Municipal Consultation Exchange, be received; . . . Council Minutes COMMUNICATIONS D - 19 Incest Survivors Resource Network of Canada F11.236.lGE MOTION NOTICE OF MOTION REPORTS Report #1 G.P.A Report July 6, 1992 Item #3 Rezoning Ghods Builders Inc. DI4.DEV.92.026 - 14 - July 13, 1992 THAT the correspondence be referred to the Director of Public Works for necessary action and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT W. J. Peck be advised of Council's decision. rrCARRIEDl! Resolution #G-494-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated July 2, 1992, from Elizabeth Ann Podrats, requesting a stsrt-up grant for the Incest Survivor's Resource Network of Canada, be received for information as this issue should be the responsibility of a higher level of government. "CARRIED" Resolution #C-495-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the General Purpose and Administration Committee Report of July 6, 1992, be approved with the exception of Items #3, #8, #19, #20, #28 and #39. t1CARRIEDII Resolution #G-496-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-155-92 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Ghods Builders Inc., be referred back to staff for further processing and the preparation of a subsequent report pending receipt of all outstanding comments; and THAT the interested parties listed in Report PD-155-92 and any delegation be advised of Council's decision. 'CARRIED" . . . Council Minutes REPORTS Item #8 Street Name Change Requests Item #19 Tender NW92-11 F18.3837.QU Item #20 1992193 Insurance Risk Management Report - 15- July 13, 1992 Resolution #C-497-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-161-92 be received; and THAT the application fee estsblished on February 13, 1989 with respect to the street name change requests pursuant to Section 210 (111) of the Municipal Act be amended to reflect a charge of $500.00. "CARRIED" Resolution #C-498-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report TR-66-92 be received; THAT the contract awarded to Cowan Pontiac Buick Ltd., Bowmanville, Ontario, for a total bid amount of $17,619.15 (including all taxes), to supply and deliver one (1) only 1992 cargo van to the Town of Newcastle as required by the Department of Public works, be cancelled; THAT sta\f be authorized to re-tender for one (1) only 1993 cargo van; and THAT any additional required funds be drawn from the approved 1992 Public Works Department Capital Budget, account #2900-00010-0000. "CARRIED' Resolution #C-499-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report TR-67-92 be received; THAT Frank Cowan Company Limited continue to be retained as the Town of Newcastle's insurance carriers for the period from July 1st, 1992 to June 30, 1993, with a total premium renewal rate of $207,354.00 (a decrease of 5.78% over 1991/92 premium of $220,071.00); THAT the updated Fleet and Property schedules be forwarded to the Fraok Cowan Company as they are received from Department Heads; THAT the Legal Expense Insurance (Defence Costs) be approved as follows: . . . Council Minutes REPORTS - 16- July 13, 1992 a) Legal defence policy: to provide for the reimbursement of defence costs when the outcome of the ststutory charge is guilty at an additions! premium of $2,357 as recommended by Frank Cowan Company Limited and outlined on page 6 of the 1992 Comprehensive Insurance Program (Distributed to Department Heads and Council Members under separate cover) and to be funded from the Self-Insured Losses Reserve until the funds are reimbursed by the Town's insurer; b) Legal defence policy-deductible amount: to provide for the non-reimbursable deductible portion of the legal defence policy from the Self-Insured Losses Reserve; and c) Pens!ties and fines: any fmes and/or penalties assessed as a result of a legal defence claim be fully borne by the Town and funded from the Self-Insured Losses Reserve provided that the individual(s) was not wilfully or negligently at fault while performing hisfher duties; THAT the Councillors' Accident Policy reflecting an increase in the Principal Sum for Loss of Life and Capital Sum for Dismemberment from $50,000 to $100,000 at an additions! premium of $470 be approved, as recommended by Frank Cowan Company Limited and outlined on page 6 of the 1992 Comprehensive Insurance Program; THAT the 1992 Budget overprovision for insurance amounting to $29,253 be transferred to the Self-Insured Losses Reserve; and THAT a transfer to the Self-insured Losses Reserve in the amount of $50,000 be approved (funds to be provided from Contingency Account #7007-X-298). "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hannah Councillor Hooper Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre . . . Council Minutes REPORTS Item #28 Road Closure Kiddicorp Inc. Item #39 Closing Of Phair Avenue Report #2 Nevada Licence Learning Disabilities Association P09.1402.IN Report #3 Removal Of Barricades On Phair Avenue Courtice M04.3864.GE - 17- July 13, 1992 Resolution #C-500-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report WD-56-92 be tabled to allow time for staff to review and determine the purpose of the application. "CARRIED't Councillor Hannah made a declaration of interest with respect to Item #39 of Report # 1 and refrained from discussion and voting on the matter. Councillor Hannah indicated that he is a resident of Phair Avenue. Resolution #G-50 1-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT a report be prepared for submission to Council on July 13, 1992 pertaining to the closing of Phair Avenue and alternate means of resolving this issue. "CARRIED' Resolution #C-502-92 Moved by Councillor O'Toole, seconded by Councillor Scott THAT Report CD-21-92 be received; THAT the request received from the Learning Disabilities Association of Ontario for an exemption from Sections 3, 4(b) and 17(b) of the Terms and Conditions for Licensing Break-Open (Nevada) tickets be granted; THAT the licence be issued provided the licensee complies with all other Terms and Conditions of the licence; and THAT Analee Stein and Frank Findlay be advised of Council's decision. "CARRIED' Councillor Hannah made a declaration of interest with respect to Report #3 (Staff Report WD-63-92) and refrained from discussion and voting on the sul:!iect matter. Councillor Hannah indicated that he is a resident of Phair Avenue. Resolution #C-503-92 Moved by Councillor N oval<, seconded by Councillor Dreslinski THAT Report WD-63-92 be tabled to allow staff an opportunity to meet with residents of Phair Avenue and Councillor Novak in an attempt to resolve the residents' concerns. "CARRIEDlI . . . Council Minutes - 18- July 13, 1992 UNFINISHED BUSINESS Burning By-law P01.1327.BU Resolution #G-504-92 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report FD-6-92 be referred to the General Purpose and Administration Committee Meeting scheduled to be held on July 20, 1992. IICARRIED" Resolution #G-505-92 Moved by Councillor Dreslinski, seconded by Councillor Hooper THAT the delegation of Mr. Larry DeFosse be acknowledged and referred to the Chief Administrative Officer and appropriate staff for review in conjunction with the former proposal received related to the same matter; THAT a subsequent report be prepared and submitted to the General Purpose and Administration Committee; and THAT Larry DeFosse be advised of Council's decision. nCARRIEDII Resolution #G-506-92 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the delegations of Magda Zoelman and Joan Tax be received with thanks and they be advised of Council's decision. IICARRIEDII Resolution #G-507-92 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the delegation of Robert Maddocks be acknowledged and referred to staff for review and the preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Robert Maddocks be advised of Council's decision. llCARRIEDl! Resolution #G-508-92 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the delegation of Hannu Halminen be acknowledged and he be advised of Council's decision. "CARRIED" . . . Council Minutes - 19 - July 13, 1992 UNFINISHED BUSINESS BY-LAWS Resolution #C-509-92 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the delegation of Michael Patrick be acknowledged with Council's appreciation. "CARRIED' Resolution #C-510-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a fIrst time: 92-165 being a by-law to authorize the release of an agreement with Kingsberry Properties and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 10M-781 (Kingsberry Properties) ; 92-166 being a by-law to amend By-law 90-51, a by-law to regulate the use of skateboards within the limits of the Town of Newcastle; 92-167 being a by-law to amend By-law 91-95, a by-law to regulate and licence refreshment vehicles within the Town of Newcastle; 92-168 being a by-law to amend By-law 91-58, a by-law to regulate traffic on highways and municipal and private property in the Town of Newcastle; 92-169 being a by-law to amend By-law 91-58, a by-law to regulate traffic on highways and municipal and private property in the Town of Newcastle; 92-170 being a by-law to amend By-law 91-58, a by-law to regulate traffic on highways and municipal and private property in the Town of Newcastle; 92-171 being a by-law to amend By-laws 88-155 and 89-176, by-laws to authorize the entering into of a contract agreement between the Corporation of the Town of Newcastle and Browning-Ferris Industries; 92-172 being a by-law to authorize the entering into of an agreement between Her Majesty The Queen In Right of Ontario, as represented by the Minister of the Environment and the Corporation of the Town of Newcastle; 92-173 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Forrester Project); . . . Council Minutes BY-LAWS OTHER BUSINESS Outstanding Resolutions C09.3793.CO - 20 - July 13, 1992 92-174 being a by-law to authorize the execution of an agreement between the Corporation of the Town of Newcastle and Floyd Thomas Fowler and Iris Laura Fowler for the purchase of certain lsnds required for the widening and upgrading of Prestonvale Road in the Town of Newcastle; 92-175 being a by-law to amend By-law 92-41, a by-law to stop-up and close and to authorize the sale of part of the unopened road allowance between Lots 26 & 27, Concession 1, Village of Newcastle, former Township of Clarke, now in the Town of Newcastle, Part 1, 10R-4074; 92-176 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Macourtice). "CARRIED" Resolution #C-511-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the second reading of By-laws 92-165 to 92-176 inclusive, be approved. "CARRIEDIt Resolution #G-512-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and final reading of By-laws 92-165 to 92-176 inclusive, be approved. "CARRIED" Resolution #C-513-92 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the list of outstanding resolutions of Council and Committee be referred to the General Purpose and Administration Committee Meeting scheduled to be held on July 20, 1992. "CARRIED" . . . Council Minutes OTHER BUSINESS Tax On Aluminum Cans Lll.3859.GE Landf'ill Sites D03.247.DU - 21 - July 13, 1992 Resolution #C-514-92 Moved by Councillor Hannah, seconded by Councillor Hooper WHEREAS the Province of Ontario has imposed a tax on aluminum beverage cans; WHEREAS other Provincial jurisdictions within Canada have addressed and introduced more proactive and suitable ways and means to deal with this issue; NOW THEREFORE BE rr RESOLVED BY THE COUNCIL OF THE TOWN OF NEWCASTLE: 1. THAT the Provincial Government be requested to reconsider the imposition of the tax on aluminum beverage cans; 2. THAT, in order to address this matter, the Provincial Government be requested to review and investigate other options and methods which are less cumbersome and have less of a fmancial impact on the consumer; and 3. THAT a copy of this resolution be sent to: a) The Honourable Ruth Grier, Minister of the Environment; b) Gordon Mills, MPP; and c) Gary Herrema, Chair, Regional Municipality of Durham. "CARRIED" Resolution #G-515-92 Moved by Councillor Scott, seconded by Councillor Dres1inski WHEREAS the Province has enacted the Waste Management Act, 1992 (the "W.M.A ") and in doing so has disregarded the recommendations contained in Council's Resolution adopting the recommendations contained in Report #Admin. 2-92 passed on January 27, 1992, respecting the W.M.A; WHEREAS the W.M.A establishes rules that are to be followed by Interim Waste Authority Limited ("LW.A") in selecting lsndf'ill sites and in particular in selecting a lsndf'ill site for the Region of Durham and these rules are manifestly contrary to the interests of the Town and the residents of the Town; WHEREAS the W.M.A denies to the Town and its residents who may be impacted by the selection of a lsndf'ill site, the full protection of the Environment Assessment Act; WHEREAS the Long List of Candidate Sites for Durham Region Landf'ill Site Search published by the LW.A in June 1992, includes four sites in the Town of Newcastle, GG2, KKl, KK2, and VV2, and was published without any discussion with the Town; . . . Council Minutes OTHER BUSINESS - 22- July 13, 1992 WHEREAS in selecting the candidate sites, the LW.A indicated that it was following the direction of the Honourable Ruth Grier, Minister of the Environment respecting the area and capacity of sites which were to be included in the Long List, which directions Council considers to be very ill- advised; WHEREAS the I.W.A then proceeded to distort the site selection process by introducing a secondary urhan shadow criterion which is not consistent with good p1snning principles; WHEREAS the selection of candidate sites for inclusion in the Long List by the LW.A apparently took no account of the considerable body of data and analysis already in the hands of the Ministry of the Environment respecting sites KKl and KK2, as a result of consideration by the Ministry of the application by Laidlaw Waste Management Systems (Durham) Ltd. for approval of two lsndf'ill projects, the so-called "Infill" project under Part V of the Environmental Protection Act and the "Expansion" project under the Environmental Assessment Act; WHEREAS the hydrogeological data and analysis in the hands of the Ministry of the Environment in respect of sites KKl and KK2 proves the unsuitability of these sites to be included in the Long List of candidate sites because of their unacceptable hydrogeological characteristics and their negative impact on ground water and Graham Creek, a valuable fish habitat; WHEREAS site GG2 includes the St. Mary's Cement property, a major employer in the Town of Newcastle, and the development of this site as a lsndf'ill would have grave and enduring negative economic and fmancial impacts on the Town of Newcastle and is therefore unacceptable as a candidate site; WHEREAS site VV2 is unacceptable as a lsndf'ill site since it comprises valuable prime agricultural Isnd and is in close proximity to Lake Ontario; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE RESOLVES AS FOLLOWS: 1. THAT Council rejects as unacceptable the inclusion in Interim Waste Authority Limited's Long List of Candidate Sites for Durham Region Landfill Site Search of sites GG2, KKl, KK2 and VV2 in the Town of Newcastle; 2. THAT, Council requests that the Minister of the Environment direct the LW.A to suspend the Six Step Site Search process described in the LW.A's Report until the Town's concerns have been addressed; 3. THAT Council requests that the Minister of the Environment and the Government of Ontario urgently reconsider the assumption made in the W.M.A that there must be a lsndflll site in the Region of Durham regardless of the level of environmental impact and safety; . . . Council Minutes OTHER BUSINESS Courtice Community Complex Fl1.236.GE - 23 - July 13, 1992 4. THAT Council requests that the Minister of the Environment direct the LW.A to immediately commence and thereafter continuously consult with the Town of Newcastle and make recommendations and decisions that are consistent with local p1snning policy; 5. THAT Council requests that the Government of Ontario introduce legislation without delay either to repeal the Waste Management Act, 1992, or alternatively to restore the ha1snce and protection under the law to which residents of the Town are entitled; and 6. THAT a copy of this Resolution be sent to: The Honourable Bob Rae, Premier of Ontario; The Honourable Ruth Grier, Minister of the Environment; Mr. Gord Mills, MPP; Mr. C.E. McIntyre, General Manager, Interim Waste Authority Limited; and Mr. Gary Herrema, Chair, Regional Municipality of Durham. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hannah Councillor Hooper Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre Resolution #C-516-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Council authorize the advancing of a one-time allocation of seed money in the amount of $25,000 for the purpose of conducting a fundraising feasibility study for the Courtice Community Complex; and THAT the funds be drawn from account #7007-X-298. "CARRIED" . . . Council Minutes OTHER BUSINESS Parking Main Street, Orono T02.3890.GE - 24- July 13, 1992 Resolution #C-517-92 Moved by Councillor Dreslinski, seconded by Councillor Hooper THAT the Director of Community Services be directed to investigate the problem of parking on Main Street, Orono at the entrance to Sidney B. Rutherford Wood Walks Park and take appropriate action to resolve this situation. "CARRIED" Resolution #C-518-92 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the meeting be "In Camera." IICARRIEDII Resolution #G-519-92 Moved by Councillor Dres1inski, seconded by Councillor Novak THAT the actions taken "In Camera" be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre Councillor Hannah Councillor Hooper CONFIRMING BY-LAW Councillor Hannah made a declaration of interest earlier in the meeting and refrained from discussion and voting on the Confll"ming By-law. Resolution #C-520-92 Moved by Councillor Scott, seconded by Councillor Hooper THAT leave be granted to introduce By-law 92-177, being a by-law to confll"IIl the proceedings of the Council of the Town of Newcastle at this meeting held on the 13th day of July 1992, and that the said by-law be now read a fll"st time. "CARRIED" . . . Council Minutes CONFIRMING BY-LAW ADJOURNMENT - 25 - July 13, 1992 Resolution #C-521-92 Moved by Councillor Scott, seconded by Councillor Hooper THAT the second reading of By-law 92-177 be approved. "CARRIED" Resolution #G-522-92 Moved by Councillor Scott, seconded by Councillor Hooper THAT the third and fmal reading of By-law 92-177 be approved. nCARRIED" Resolution #C-523-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the meeting a<ljourn at 11:10 p.m. tlCARRIEDII iI~,ftfJllhtif,/ -' J OR ~ .~ ~( CLERK