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HomeMy WebLinkAbout03/13/1989 . . . ., 'l'CmN OF NE\'K:ASTLE Council Minutes March 13, 1989 Minutes of a regular meeting of Council held on Monday, March 13, 1989, at 9:30 a.m., in the Council Chambers ROLL CALL Present Were: Mayor M. Hubbard Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K. Hooper Councillor F. Stapleton Councillor A. Wotten Absent: Chief Administrative Officer, L. Kotseff Also Present: Tbwn Clerk, P. Barrie Director of Community Services, J. Caruana (Until 10:35 a.m.) Deputy Fire Chief, M. Creighton (Until 10:3 a.m.) Director of Public Works, W. Evans (Until 10:35 a.m.) Treasurer, M. Marano (Until lO:35 a.m.) Director of Planning, F. Wu Deputy Clerk, M. Knight (Until lO:35 a.m.) Mayor Hubbard led the meeting in prayer. MINUTES Resolution IC-165-89 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the minutes of a regular meeting of Council held on Monday, February 27, 1989, be approved as read. "CARRIED" DELEGATIONS Resolution IC-166-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT Mr. H. Kortekaas be added to the list of delegations. "CARRIEDII Council Minutes - 2 - March 13, 1989 . DELEGATIONS Resolution #C-167-89 . . . ~. Moved by Councillor Hamre, seconded by Councillor Hannah THAT Mrs. Karen Martin be added to the list of delegations. "CARRIED" Gordon Lehnert, 1437 Nash Road, Oshawa, L1K lAS, Re: Four-Way Stop/Nash Road and Varcoe, reiterated his request for a four-way stop/Nash Road and Varcoe, and referred to letters to Council signed by local residents requesting same. He stated that the construction of l2 new homes on the east side and 21 new homes on the west side, will justify the installation of this traffic sign for the safety of all children. Sam Gust, 138 Queen Street, Bowmanville, L1C IM9, Re: Report PD-62-89, reviewed the history of the subject project and requested Council to table this project for eight weeks to allow the applicant in order to address Council's concerns pertaining to the adverse effects this development will have on the creek, and the Fire Department's concerns. A. Alan H. Strike, Strike, Salmers and Furlong, Re: Report WD-33-89 - Road Closings, Schickedanz Bros. Ltd. & Mutton. Mr. Strike advised Council that complaints pertaining to this project have been addressed and resolved. He then introduced Mr. Bob Schickedanz. Mr. Schickedanz explained that when the sales office for this project was opened, he was deluged with offers. One customer wanted to purchase six homes. He felt that many of the purchasers were speculators and as it is not his policy to sell homes to speculators, he prohibits the sale of the house prior to the closing of the real estate deal. He then closed the sales office in order to determine the genuinity of the offer and weed out the speculators. He then stated that all offers to purchase have been accepted and honoured. H. Kortekaas, Re: Report PD-63-89, requested Council to table this item for a period of six months in order to address the concerns of C.L.O.C.A. Karen Martin was called but was not present. COMMUNICATIONS Resolution iC-168-89 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the conununications to be received for information be approved, except for Item I - 3. IlCARRIEDII I - 1 Minutes of a meeting of Central Lake Ontario Conservation Authority, held on February 2l, 1989; I - 2 Correspondence received from John A. Fellows, General Manager, National Collection and Delivery, Canada Post Corporation, Re: Increases in lock box rental fees; I - 4 Minutes of a meeting of the Bowrnanville Museum, held on February 8, 1989. Council Minutes - 3 - March 13, 1989 . COMMUNICATIONS 1-3 . . . , Canadian Emergency preparedness College Courses Our File: 10.10.3. Resolution IC-169-89 Moved by Councillor Deegan, seconded by Councillor Hamre THAT Item I - 3 be referred to the Deputy Fire Chief for his review and preparation of a report if so required. lICARRIED" D - 1 Oshawa-whitby This Week - Salmon Derby OUr File: 10.2.11. Resolution #C-170-89 Moved by Councillor Stapleton, seconded by Councillor Wotten TAHT the correspondence dated February 17, 1989, from Mr. Mike Hayakawa, Oshawa Whitby This Week, requesting that the TOwn of Newcastle donate a prize to the presentation of the Oshawa Whitby This Week Salmon Derby, be received; THAT the correspondence be referred to the Community Services Department for a subsequent report to be forwarded to the General Purpose and Administration Committee; and THAT Mr. Mike Hayakawa be so advised. "CARRIED" D - 2 Canadian Cancer Society OUr File: 10.2.ll. Resolution IC-17l-89 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the correspondence dated March l, 1989, from Mr. E. Eves, 1989 Campaign Chairman, Canadian Cancer Society, requesting an amendment to Resolution #C-86-89, which was passed by Council on February 13, 1989, be received; THAT Resolution #C-86-89 be amended by deleting the words "and that the Cancer Flags be flown on Friday, April, 1989" and replaced with the words "and that the Cancer Flags be raised on Friday, March 31, 1989, to be flown for the entire month of April"; and THAT Mr. E. Eves be so advised. "CARRIED" Council Minutes - 4 - March 13, 1989 . COMMUNICATIONS D - 3 . . Bill 192 - An Act to Amend the Municipal Act and Certain Other Acts Related to Municipalities Our File: 35.3l.5. Resolution IC-172-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the correspondence dated February l3, 1989, from Mr. C.W. Lundy, A.M.C.T., Regional Clerk, forwarding a copy of Report i4-89 of the Regional Solicitor, regarding Bill 192 - An Act to Amend The Municipal Act and Certain Other Acts Related to Municipalities be received for information; and THAT Mr. Lundy be so advised. "CARRIED1' D - 4 B.F.I. Medical Waste Incinerator Proposed for the Town of Newcastle Our File: 10.l2.l0. Resolution IC-173-89 Moved by Councillor Wotten, seconded by Councillor Hannah THAT the communication dated February 23, 1989, from Mr. Harvey Thompson, R.R. il, Newtonville, Ontario, LeA lJO, stating his concerns regarding the B.F.I. Medical Waste Incinerator proposal be received and referred to the Planning and Development Department to be considered in conjunction with the subject application; and THAT Mr. Thompson be so advised. "CARRIED" D - 5 N.C.S.A.B. - Parks Policy Review Committee, Utilization of Old Arena Lands, Request For Operating Budget Increase OUr File: 35.60.100. Resolution IC-174-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the correspondence dated February 20, 1989, received from the Community Services Advisory Board be received; and THAT Resolution #CSB-47-89 be approved; and THAT Resolution #CSB-48-89 be referred to the 1989 Budget discussions; and THAT Resolution #CSB-49-89 be referred to the Mayor for the preparation of a letter advising of the inappropriateness of discussion of Tbwn-Owned Lands. "CARRIED" Council Minutes March 13, 1989 - 5 - . CCM1UNlCATIONS D - 6 . . . Resolution Regarding Canadian Citizens Born Outside of Canada Our File: 35.ll.2. Resolution IC-175-89 Moved by Councillor Hannah, seconded by Councillor Hooper THAT Item D - 6, letter dated February 16, 1989, from the Metropolitan Clerk's Department pertaining to a Resolution passed by the Metropolitan Council, Re: request for a pubic apology from Mr. Porter, TOronto Sun, be received for information and filed. 'ICARRIEDII D - 7 Environment Week Our File: 10.2.ll. Resolution #C-176-89 Moved by Councillor Stapleton, seconded by Councillor Hamre THAT the correspondence dated February 16, 1989, from Mr. John Veldhuis, Chairman, Port Granby-Newcastle Environment Committee, requesting that the Town declare the week June 4th to 10th 1989, as Environment Week in the TOwn of Newcastle be received; THAT the request of Mr. Veldhuis be approved and that Environment Week be advertised in accordance with TOwn Policy; and THAT Mr. Veldhuis be so advised. IICARRIEDII D - 8 Newcastle Public Library Board's Operating Budget for 1989 OUr File: 35.60.19. Resolution IC-177-89 Moved by Councillor Hamre, seconded by Councilor Hooper THAT the correspondence dated February 2l, 1989, from Mrs. Erla Jose, Chairman, Newcastle Public Library Board, forwarding the Board's operating budget for the 1989 fiscal year be received and forwarded to the 1989 Budget Discussions; and THAT Mrs. Jose be advised that Council has requested a meeting with the Newcastle Public Library Board to discuss beth their Capital and Current Budgets. I'CARRIEDII Council Minutes March 13, 1989 - 6 - . COMMUNICATIONS D - 9 . . . Mental Health Week Our File: lO.2.ll. Resolution IC-178-89 Moved by Councillor Hannah, seconded by Councillor Deegan THAT the correspondence dated February 27, 1989, from Mr. Henry Silver, President, Canadian Mental Health Association, Durham Branch, requesting that the week of May 1 to May 7, 1989, be proclaimed Mental Health Week in the Town of Newcastle be received; THAT the request of Mr. Henry Silver be approved; THAT Mental Health Week be advertised in accordance with Town Policy; and THAT Mr. Silver be so advised. II CARRIED" D - lO Siting Task Force - Low Level Radioactive Waste Management Our File: 35.3l.l02. Resolution IC-179-89 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the correspondence dated February 24, 1989, from the Siting Task Force be received; THAT the appropriate staff and any interested elected official be authorized to attend one of the Regional Information Sessions to be held from late March through Mid-April; and THAT a copy of the correspondence be forwarded to John Veldhuis and Helen MacDonald. IlCARRIEDlI Council Minutes March 13, 1989 - 7 - . CCM1UNlCATIONS D - 11 . . . ~/ Requesting permission to Sell Cut Flowers and plants from the North-East Corner of Townline and King St. E. on Easter and Mothers' Day Weekends Our File: 10.2.11. Resolution #C-180-89 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the oorrespondencedated March 7, 1989, from Elaine Heyes, 3l Greensboro Drive, Blackstock, Ontario, LOB lBO, requesting permission to sell flowers at TOwnline Road and King Street East on Easter Weekend March 24 to 26, 1989 and Mothers' Day Weekend May 12 to l4, 1989 be received; THAT Elaine Heyes' request be approved provided a donation is made to the Kidney Foundation of Canada from the proceeds of the sale of these flowers; and THAT Elaine Heyes be so advised. II CARRIED" REPORTS Report i 1 - General Purpose and Administration Committee Report of March 6, 1989 Resolution IC-18l-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of March 6, 1989, be approved, except for Items i4, ill, and #13. II CARRIED" Mayor Hubbard made a declaration of interest with respect to Item #4; vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hubbard's residence is located across the street from the subject site. Councillor Hamre chaired this portion of the meeting. Item #4 Rezoning and Site Plan Application - O.P. McCarthy & Associates - Part Lot 12, Concession l, Bowmanville (DEV 88-129 - 88-l05/N) Our File: 60.30.20S & 60.3S.496. Resolution #C-182-89 Moved by Councillor Hannah, seconded by Councillor Wotten THAT Report PD-54-89 be received; and Council Minutes - 8 - March 13, 1989 . REPORTS Item #4 Cont'd . . . THAT the application to amend the Tbwn of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by John Rice and O.P. McCarthy and Associates Ltd., be referred back to staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and THAT a copy of Council's decision be forwarded to the interested parties attached to Report PD-54-89; and THAT the delegations be acknowledged and advised. II CARRIED" Mayor Hubbard re-assumed the Chair. Item #11 Official Plan Amendment, Rezoning and Subdivision Applications - 542985 Ontario Limited, Part Lot l5, Concession 3, former Township of Darlington Our File: 60.35.479. Resolution IC-183-89 Moved by Councillor Deegan, seconded by Councillor Hannah THAT Report PD-62-89 be tabled for a period of eight weeks to allow the applicants an opportunity to address staff's concerns. IlCARRIEDIl Item #13 Official Plan Amendment, Rezoning and Subdivision Applications L. Stanek, Part Lots 31/32, Concession 4, former Tbwnship of Darlington OUr File: 60.30.178., 60.35.395., 60.46.231. Resolution iC-184-89 Moved by Councillor Wotten, seconded by Councillor Deegan THAT Report PD-64-89 be tabled for a period of four weeks. "CARRIED" Report #2 Status Report With Respect Tb Complaints By Mr. Stewart And Mr. Newman Concerning Mr. Ryan Helmer's Dog At Large And Storage Of Derelect Vehicles On Site Our File: 10.13.5. Resolution #C-185-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report PD-73-89 be received for information. "CARRIEDII COuncil Minutes - 9 - March 13, 1989 . REPORTS Report #3 Striking Committee Report Our File: lO.12.4. Resolution #C-l86-89 Moved by Councillor Wotten, seconded by Councillor Deegan 1. THAT Report CD-5-89 be received; 2. THAT the appointments recorrunended in Report CD-5-89 be approved; and 3. THAT the individuals mentioned be advised of the appointments. IICARRIEDII . UNFINISHED BUSINESS Request For Closure and COnveyance of Mann, Winnstanley Streets (Hendry property) Unnamed Streets (Mutton Property) Schickedanz Brothers Limited Our File: 77.44.143. Resolution IC-187-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report WD-33-89 be lifted; THAT Report WD-33-89 be received; and THAT the unopened streets described as follows, be closed and conveyed: . 1) Part of Mann Street Lots 9 and 10, COncession 2, former TOwnship of Darlington, shown as Part 1; and Part of Winnstanley Street between Blocks A and B shown as Part 2, on plan 10R-3l87 (Hendry Property); and 2) Unnamed Streets Lot 9, Concession 1, former Township of Darlington, shown as Part 3 and 4 on Plan lOR-3l86 (Mutton property); and THAT the laid out streets; value of said lands be established not by land appraisal but that new roads by the draft plan of Subdivision be exchanged for the unopened registered and THAT staff be authorized to complete the procedure for closure and conveyance in accordance with TOwn POlicy; and THAT Strike & Strike, P.O. Box 7, 38 King Street West, Bowmanville, L1C 3K8, solicitors for the applicant, be advised of Council's decision. . "CARRIED" . . . . Council Minutes - lO - March 13, 1989 Recorded Vote Yea Nay Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Mayor Hubbard Councillor Stapleton Councillor Wotten Resolution IC-188-89 Moved by Councillor Hamre, seconded by COuncillor Hannah THAT the delegations of Gordon Lehnert, Sam Gust, A. Alan H. Strike, and H. Kortekaas be acknowledged and advised of Council's decisions. "CARRIEDIl BY-LAWS Resolution #C-189-89 Moved by COuncillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first time: 88-37 being a by-law to amend By-law 84-63, the Comprehensive zoning By-law of the Corporation of the 'Ibwn of Newcastle (Van Dyk Realty); 89-38 being a by-law to authorize the entering into of an Agreement between 772503 Ontario Limited and the COrporation of the 'Ibwn of Newcastle; 89-39 being a by-law to amend By-law 79-l, as amended, for the regulating of parking, standing or stopping on highways under the jurisdiction of the Corporation of the 'Ibwn of Newcastle; 89-40 being a by-law to authorize the entering into of a Maintenance Agreement with United Technologies otis Canada; 89-4l being a by-law to authorize the execution of Supplementary Agreement i25 with Ontario Hydro (Costs of a preliminary Servicing Study for Existing and Potential Industrial Land Along Highway 40l Corridor in the 'Ibwn of Newcastle) ; 89-42 being a by-law to amend By-law 84-63, the Comprehensive zoning By-law of the Corporation of the 'Ibwn of Newcastle (Klawitter); 89-43 being a by-law to amend By-law 84-63, the COmprehensive Zoning By-law of the Corporation of the 'Ibwn of Newcastle (Swallow). "CARRIED" Resolution #C-l90-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of the following by-laws be approved: 89-37; 89-38; 89-39; 89-40; 89-4l; 89-42; 89-43. "CARRIED" . . . . Council Minutes - 11 - March 13, 1989 Re=rded Vote Nay Yea Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Wotten Mayor Hubbard Councillor Stapleton Resolution #C-19l-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and final reading of the following by-laws be approved: 88-37; 89-38; 89-39: 89-40: 89-41: 89-42; 89-43. IlCARRIEDII OTHER BUSINESS Complaints from Residents of Orchard Park Subdivision, Newcastle Village Our File: 60.46.228. Resolution iC-192-89 Moved by Councillor Stapleton, se=nded by Councillor Hooper WHEREAS complaints have been received from residents of Orchard Park Subdivision in Newcastle Village with respect to the many deficiencies in their new homes developed and constructed by ABSEC Property Development Inc.: and WHEREAS ABSEC Property Development Inc. apparently did not deligently cause to have the deficiencies corrected; Na<1 THEREFORE BE IT RESOLVED: 1. THAT staff be instructed to investigate the possibility of not issuing any further building permits to ABSEC Property Development Inc., or to any dwelling proposed to be built by Mr. P. Kumar until all outstanding deficiencies are corrected to the satisfaction of the Chief Building Official; 2. THAT the Director of Planning and Development be authorized to hire a Building Inspector FORTHWITH and to assign a Building Inspector for all construction activities by ABSEC Property Development Inc.; 3. THAT staff be instructed to ensure all requirements of the Ontario Building Code are complied with by ABSEC Property Development Inc., and to issue Stop Work Orders and to lay charges FORTHWITH if the Building Code and Municipal By-laws and Agreements are not adhered to by ABSEC Property Development Inc.; 4. THAT the Ministry of Government Services, the Ministry of Housing, the Ontario New Home Warranty Program, the TOronto Horne Builder Association, the Ontario Home Builder Association and the Durham Home Builder Association be advised of Council's displeasure with the manner displayed by Mr. Kumar of ABSEC Property Development Inc., in carrying out business in the Town of Newcastle; 5. THAT Mr. P. Kumar and ABSEC property Development Inc., be advised of Council's actions. "CARRIED AS AMENDED" Council Minutes - l2 - March 13, 1989 . arHER BUSINESS Resolution #C-193-89 . . . Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the foregoing Resolution #C-l92-89 be amended by adding "the Regional Municipality of Durham" after the words "Ministry of Housing" in Item #4. "CARRIED" Recorded Vote Yea Nay Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-l94-89 Moved by Councillor Hamre, seconded by Councillor wotten THAT Mr. Lu i Greco be heard. "CARRIED" Mr. Lui Greco, Administrator, Canadian National Institute For the Blind, 72 Main Street North, Markham, Ontario, L3P lX5, appeared before Council to request a larger grant from the Town of Newcastle. The C.N.I.B. have been advised that a grant of $l,200 has been approved, however, this is less than the required amount. He explained that there are 22 residents of the Tbwn of Newcastle who use the library services and the yearly cost for each individual for this service, is $235.00. He further noted that the library service offers braille books and talking books. Resolution iC-195-89 Moved by Councillor Stapleton, seconded by Councillor Deegan THAT the delegation of Mr. Lui Greco be acknowledged and that his request for a grant be referred to the 1989 Budget Committee. "CARRIED" Resolution #C-196-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT Council move into Committee of the Whole. "CARRIED" Council Minutes - 13 - March 13, 1989 . arHER BUSINESS Resolution tC-197-89 . . . Moved by Councillor Hamre, seconded by Councillor Hannah THAT the meeting be "In Camera." "CARRIEDII Darlington Generating Station Resolution iC-198-89 Moved by Councillor Wotten, seconded by Councillor Hooper WHEREAS Council passed Resolution iC-150-89 on February 27, 1989, resolving amongst other things, that the TOwn's Solicitors be instructed to advise the council at its meeting on March 13, 1989, as to the legal remedies available to the Town to prevent the commencement of the operation of any nuclear reactor at Darlington G.S. "A" until the Council is able to ensure that emergency response plans satisfactory to the Council and capable of implementation are in place and the other issues raised in the Building Official's letter to Ontario Hydro are satisfactorily resolved; WHEREAS Council has received such advice from the TOwn's Solicitors; and WHEREAS Council has also received a letter from Mr. John McCredie, project Manager, Darlington Generating Station dated March 9, 1989, and addressed to Mayor Marie Hubbard in which he responded to Council's Resolution #C-l50-89; NCM THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CORPCRATION OF THE 'IrnN OF NEWCASTLE; 1. THAT the Town's solicitors be authorized to commence legal proceedings under Section 26 of the Building Code Act to enforce the provisions of that Act against Ontario Hydro if this action is considered to be necessary by the Town's Chief Administrative Officer in order to protect the interests of the Town; and 2. THAT the letter from Mr. John McCredie dated March 9, 1989 addressed to Mayor Marie Hubbard be received. I1CARRIEDII Resolution IC-199-89 Moved by Councillor Hamre, seconded by Councillor Wbtten THAT Mr. Gary Hanewich be appointed as Acting Chief Building Officer during the vacation period of the Chief Building Officer. "CARRIEDII Council Minutes - 14 - March 13, 1989 . arHER BUSINESS Resolution #C-200-89 . . . Moved by Councillor Wotten, seconded by Councillor Hannah THAT the Committee rise. "CARRIED" Resolution #C-20l-89 Moved by Councillor Wotten, seconded by Councillor Hannah THAT the meeting be open. "CARRIEDII Resolution IC-202-89 Moved by Councillor wotten, seconded by Councillor Hamre THAT the actions taken "In Camera" be approved. "CARRIEDII Resolution iC-203-89 Moved by Councillor Stapleton, seconded by Councillor Deegan THAT leave be granted to introduce By-law 89-44, being a by-law to appoint an Acting Chief Building Official, and Building Inspectors, pursuant to the Building Code Act, and that the said by-law be now read a first time. "CARRIED" Resolution #C-204-89 Moved by Councillor Stapleton, seconded by Councillor Deegan THAT the second reading of By-law 89-44 be approved. "CARRIED" Resolution #C-205-89 Moved by Councillor Stapleton, seconded by Councillor Deegan THAT the third and final reading of By-law 89-44 be approved. llCARRIEDII - lS - March 13, 1989 MOved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce By-law 89-45, being a by-law to confirm the proceedings of the Council of the TOwn of Newcastle, at this meeting held on the l3th day of March 1989, and that the said by-law be now read a first time. l1CARRIED" Resolution #C-207-89 r-bved by Councillor Stapleton, seconded by Councillor Wotten . THAT the second reading of By-law 89-45 be approved. "CARRIED" Resolution #C-208-89 r-bved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and final reading of By-law 89-45 be approved. "CARRIED" ADJOURNMENT Resolution #C-209-89 Moved by Councillor Deegan, seconded by Councillor Stapleton THAT the meeting adjourn at ll:OO a.m. . "CARRIED" lt~ tWkJ) ! j Mayor ~~b': . .' 'I Clerk .