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Home My WebLink About10/13/1992 . . . Council Minutes ROLL CALL Present Were: Also Present: PRAYERS MINUTES DELEGATIONS TOWN OF NEWCASTLE October 13, 1992 Minutes of a regular meeting of Council held on Tuesday, October 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 S:17 p.m.) Fire Chief, M. Creighton Director of Public Works, W. Evans (UntilS:17 p.m.) Treasurer, M. Marano (Until S:17 p.m.) Director of P1snning and Development, F. Wu Town Clerk, P. Barrie Councillor Hannah led the meeting in prayer. Resolution #C-6S0-92 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the minutes of a regular meeting of Council held on September 2S, 1992, be approved. "CARRIED" Mr. Bryce Jordan, G.M. Sernas & Associates, 110 Scotia Crt., Unit 41, Whitby, LIN SY7, addressed Council in opposition to the recommendations contained in Item #3 of Report #1 (Staff Report PD-20S-92). Mr. Jordan requested that Council defeat the recommendations as they appear in Report # 1 and approve the recommendations contained in the Staff Report. Mr. Pat Cull, 64 Bonnycastle Drive, Bowmanville, LIC 4SS, addressed Council with respect to a petition from residents of this street, requesting that the sidewsIks located on the west side of Bonnycastle Drive be removed (Correspondence Item D - 7). Mr. Cull indicated that this petition has been signed by all residents on the street. At the time the homes on Bonnycastle Drive were sold, the purchasers were under the impression that there would be no sidewsIks on this side of the street. . Council Minutes DELEGATIONS - 2- October 13, 1992 Mr. Cull indicated that safety will not be compromised if the sidewalks are removed and requested that the sidewalk agreement between the Town and the Builder be rescinded. The residents signed the petition in the interest of expanding their front yards and, because their driveways are short, to alleviate the problem of parking on the street. COMMUNICATIONS Resolution #C-6S1-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception of Items I - 8, I - 9 and I - 14. 1- 1 1-2 . 1-3 1-4 1- S IlCARRIED" Correspondence received from CW. Lundy, Regional Clerk, Regional Municipality of Durham - Private Sewage Systems in Orono; Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on September IS, 1992; Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 22, 1992; Minutes of a special meeting of the Central Lake Ontario Conservation Authority held on September 29, 1992; Minutes of meetings of the Ganaraska Region Conservation Authority held on July 16, August IS, August 20, September 10 and September 17, 1992; I - 6 Minutes of a meeting of the Clarke Museum & Archives held on August 10, 1992; I - 7 Correspondence received from Caryn Darcy, Director, Newcastle Family Resource Centre - Quarterly Report; I - 10 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Appeal by the Township of Uxbridge of the 1992 Equa1ized Assessment Report; 1- 11 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Withdrawal of Modification No. 4 to Amendment No. 22 to the Town of Newcastle OffICial Plsn; . I - 12 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Waterfront Regeneration Trust - Durham Region Waterfront Plsn; . . . Council Agenda COMMUNICATIONS 1-8 Minutes of the Bowmanville Museum Board 1-9 Ontario Outlaws Future Municipal Solid Waste Incinerators M06.3866.GE 1-14 Assisted Housing Programs and Inventory D04.095.AF - 3 - October 13, 1992 I - 13 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Amendment No. 60 to the Victoria County Ollkial Plsn Pertaining to Consent Policies for Industrial and Commercial Designations and for Business Parks Within the Agricultural Designation; 1- 15 News Release received from the Ministry of Consumer and Commercial Relations - Consumer Minister Announces Windsor as Location of Pilot Casino Project; I - 16 Correspondence received from Andre Castel, Assistant Deputy Minister, Corporate Resources Division, Ministry of Environment - Routine Laboratory Tests; I - 17 Minutes of a meeting of the Mayor's Task Force on Economic Development held on September 15, 1992. Resolution #C-652-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the minutes of the Bowmanville Museum Board held on September 16, 1992, be received for information. "CARRIED" Resolution #C-653-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the News Release dated September 11, 1992, from the Ministry of the Environment, regarding Ontario Outlawing Future Municipal Solid Waste Incinerators, be received for information. "CARRIEDIt Resolution #C-654-92 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated October 1, 1992, from Dr. M. Michael, Commissioner of P1snning, Region of Durham, forwarding Commissioner's Report No. 92-P-125 . Assisted Housing Programs and Inventory (June 1992), be received for information. "CARRIED" . . . Council Agenda COMMUNICATIONS D - 3 Pedestrian Bridge Soper Creek T04.GE. D - 4 Remembrance Day Activities M02.3862.GE D - 5 Bowmanville Museum Board Amendment to By-law 79-67 C12.4248.BO - 4- October 13, 1992 Resolution #G-655-92 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated September 28, 1992, from Paul Brace, Manager of Transportation and P1snning, The Northumberlsnd and Newcastle Board of Education, regarding the unsafe condition of the bridge/walkway at the Orchard Park subdivision, 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 Paul Brace be advised of Council's decision. "CARRIED" Resolution #C.656-92 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated September 28, 1992, from Cecile Bowers, Secretary, Branch 178, Royal Canadian Legion, regarding various activities p1auned for Remembrance Day, be received; THAT permission be granted to the Royal Canadian Legion to fly the Poppy Flag at the Municipal Administrative Centre during November 1 - 11, 1992; THAT permission he granted to the Royal Canadian Legion to sell poppies from November 1 - 11, 1992 in the Town of Newcastle; THAT the Royal Canadian Legion be permitted to hold the annual parades in remembrance of Remembrance Day, provided they apply for and obtain Road Occupancy Permits from the Public Works Department; and THAT Cecile Bowers be advised of Council's decision. llCARRIED" Resolution #C-657-92 Moved by Councillor Hooper. seconded by Councillor Dreslinski THAT the correspondence dated September 22, 1992, from Larry Paradis, Chairman, Bowmanville Museum Board, requesting an amendment to By-law 79-67, be received; THAT the correspondence be referred to the Clerk for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Larry Paradis be advised of Council's decision. "CARRIEDtI - . . Council Agenda - 5- October 13, 1992 COMMUNICATIONS D - 6 Resolution #C-658-92 TransCanada Pipelines Moved by Councillor Hooper, seconded by Councillor Dres1inski PCB Dechlorination E07.1481.0N THAT the correspondence dated October 2, 1992, from R.N. Stewart, Manager, Oil Process Division, Rondar Inc., regarding a Site Application and letter to the Ministry of Environment regarding the TransCanada Pipelines, be received; THAT the correspondence be referred to the Director of Public Works and Director of P1snning and Development for preparation of a response; and THAT R.N. Stewart be advised of Council's decision. "CARRIED" D - 2 Resolution #C-659-92 White Ribbon Week M02.3862.GE Moved by Councillor Dres1inski, seconded by Councillor Hannah THAT the correspondence dated September 22, 1992, from Carolyn Newman, People Against Pornography, requesting proclamation of White Ribbon Week, be referred to the General Purpose and Administration Committee Meeting scheduled to be held on October 19, 1992; and THAT Carolyn Newman be requested to appear as a delegation at that time to supply Council with additional information regarding White Ribbon Week. "CARRIED" D - 7 Resolution #C-660-92 Sidewalks On Bonnycastle Dr. T06.3892.GE Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the petition dated October 6, 1992, from residents of Bounycastle Drive, be received; THAT the petition be forwarded 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 Pat Cull be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) e . . Council Agenda COMMUNICATIONS D - 1 Sunthetic Project D02.972.GE MOTION NOTICE OF MOTION REPORTS Report #1 G.PA Report October 5, 1992 - 6 - October 13, 1992 Resolution #C-661-92 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the foregoing Resolution #C-660-92 be amended by adding the following words to paragraph 2: "including a review of the Town's Policy regarding setbacks of homes in new developments." "CARRIED" The foregoing Resolution #G-660-92 was then put to a vote and CARRIED AS AMENDED. Resolution #C-662-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated September 21, 1992, from Ron MacDonald, President, Sudbury Regional Development Corporation, requesting Council's support in securing a Co-generation Plsnt in Ontario, be received; THAT a letter be forwarded to Premier Bob Rae, indicating the Town of Newcastle's support for this project; THAT the Provincial Government be requested to carefully study the proposal of Sunthetic Energy Inc. prior to making a decision; and THAT Ron MacDonald be advised of Council's decision and requested to keep the Town of Newcastle apprised of all actions in this matter. "CARRIEDIf Resolution #C-663-92 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report TR-89-92 (Tender NW92-4, Bowmanville Recreation Complex _ Landscape Works - Phase I) be referred to the General Purpose and Administration Committee meeting scheduled to be held on October 19, 1992 to allow for a subsequent report to be prepared, detailing additional information. "CARRIED" e . . Council Agenda REPORTS Item #3 Rezoning Bayly Holdings D14.DEV.91.002 Item #IS Removal of Snow and Ice (Seniors) - 7- October 13, 1992 Resolution #C-664-92 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of October 5, 1992, be approved with the exception of Items #3 and #18. IICARRIED" Resolution #C-665-92 Moved by Councillor Dres1inski, seconded by Councillor Hannah THAT Report PD-205-92 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by G.M. Sernas and Associstes Limited on behalf of Bayly Holdings Limited be denied until such time as the new Region of Durham Official Plsn has been approved by the Ministry of Municipal Affairs; and THAT the interested parties listed in Report PD-205-92 and any delegation be advised of Council's decision. "MOTION LOST" Resolution #C-666-92 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-205-92 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by G.M. Sernas and Associates Limited on behalf of Bayly Holdings Limited be referred back to staff for further processing; and THAT the interested parties listed in Report PD-205-92 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-667-92 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report WD-74-92 be received; THAT, in accordance with Council's direction, removal of snow and ice from sidewalks and driveway windrows be provided for senior citizens and the physically disabled and include the Hamlets of the Town of Newcastle; . . . Council Agenda REPORTS - 8- October 13, 1992 THAT funds for the estimated cost of $IS,6S0 for providing the service in 1992 be obtained from Account #7212-92004-0261, Senior Snow Clearing, in the approved 1992 Capital Budget; and THAT funds be provided in the 1993 Budget for the program. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-668-92 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-667-92 be amended by deleting all words in the second paragraph following the word "diaabled", and by adding the following words to the recommendations in paragraph 2: "THAT the program be monitored this season for possible changes in the future." "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hooper Councillor O'Toole Mayor Hamre Councillor Hannah Councillor Novak Councillor Scott The foregoing Resolution #C-667-92 was then put to a vote and CARRIED AS AMENDED. Resolution #G-669-92 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT an "In Camera" session be held at the end of the meeting to consider the Confidential Verbal Report of the Director of P1snning and Development and a personnel matter. tlCARRIEDI! . . . Council Agenda - 9- October 13, 1992 UNFINISHED BUSINESS Encroachment Agreement - Samis BY-LAWS Resolution #C-670-92 Moved by Councillor O'Toole, seconded by Councillor Novak THAT Addendum to Report WD-73-92 be received; THAT Report WD-73-92 be lifted from the table; THAT Report WD-73-92 be received; THAT, upon receipt of a "registered" reference plan, Council pass a by-law authorizing the Mayor and Clerk to enter into an Encroachment Agreement, shown as Schedule "A" to the proposed by-law (Attachment No.3 to Report WD-73-92), with the Estate of Frederick Milton Samis and Verna Marion Samis to permit the house to encroach onto the road allowance between Lots 30 and 31, Concession 9, in the former Darlington Township; THAT the applicant be responsible for all costs, such as survey and legal costs, associated with this agreement; THAT the Town's solicitor be directed to take all actions necessary to complete the transaction; and THAT Mr. Ronald F. Worboy, Solicitor for the applicant, be advised of Council's decision_ llCARRIEDII Resolution #G-671-92 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: 92-202 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Jeffery Homes); 92-203 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Southwell); 92-204 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Martin Road Holdings); 92-20S being a by-law to authorize the execution of an offer to lease agreement with Claude Miller in respect of a lease for premises situated at 247 King Street East, Newcastle, Ontario; 92-206 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle; . . . Council Agenda BY-LAWS OTHER BUSINESS Terry Fox Run - 10 - October 13, 1992 92-207 being a by-law passed pursuant to the provisions of Section 34 of the P1snning Act, C.l.S.O. 19S3, as amended, to amend Zoning By-law 84-63 (Reid/Reynaert); 92-20S being a by-law to authorize the entering into of an agreement with Kirby Heights Estates Inc., being the owner of Plsn of Subdivision IST-90001 and the Corporation of the Town of Newcastle in respect of Plsn IST-90001; 92-209 being a by-law to authorize the entering into of an agreement with the owner of Plsn of Subdivision IST-88037 and the Corporation of the Town of Newcastle in respect of Plsn IST-SS037; 92-210 being a by-law to authorize the execution of an encroachment agreement between the Corporation of the Town of Newcastle and the Estate of Frederick Milton Samis and Verna Marion Samis. llCARRIED" Resolution #C-672-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the second reading of By-laws 92-202 to 92-210, inclusive, be approved. IlCARRlED" Resolution #C-673-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and fmal reading of By-laws 92-202 to 92-210, inclusive, be approved. "CARRIED" Resolution #C-674-92 Moved by Councillor N oval<, seconded by Councillor Dres1inski THAT the request of Courtice Secondary School Athletic Council for permission to hold a "Terry Fox Run" on October 14, 1992 along Nash, Tru1ls, Pebblestone and Courtice Roads be approved, as the organizers of the event have complied with all requirements of the Town of Newcastle; and THAT Sandi Ashton and Nicki Watt be advised of Council's decision. "CARRIED" tt . . Council Agenda OTHER BUSINESS - 11- October 13, 1992 Mayor Hamre made a declaration of interest with respect to the following resolution, vacated the chair and refrained from discussion and voting on the subject matter. Mayor Hamre indicated that her former hushand and son are both employed by Bell Canada. Councillor Dreslinski chaired this portion of the meeting. Resolution #C-675-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT staff be directed to contact Bell Canada to assess the establishing of a separate listing for Courtice in the telephone directory. "CARRIEDII Mayor Hamre re-assumed the Chair. Resolution #C-676-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT Council move into Committee of the Whole. "CARRIED" Resolution #C-677-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the meeting be "In Camera" ItCARRIED" Resolution #C-678-92 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the actions taken "In Camera" be confirmed. "CARRIEDII Mayor Hamre made a declaration of interest earlier in the meeting, vacated the Chair and refrained from discussion and voting on the Confll'ming By-law. Councillor Dreslinski chaired this portion of the meeting. . . . Council Agenda - 12 - October 13, 1992 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-679-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce By-law 92-211, being a by-law to confIrm the proceedings of the Council of the Town of Newcastle at this meeting held on the 13th day of October 1992, and that the said by-law be now read a fIrst time. tlCARRIED" Resolution #C-680-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the second reading of By-law 92-211 be approved. IICARRIED" Resolution #C-681-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and fmal reading of By-law 92-211 be approved. IICARRIED" Mayor Hamre re-assumed the Chair. Resolution #C-682-92 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the meeting alljourn at 8:40 p.m. IICARRIED" lP~dI~~~~ , MAYOR