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HomeMy WebLinkAbout04/10/1989 . . . . . Council Minutes ROLL CALL MINUTES TCmN OF NEi'CASTLE April lO, 1989 Minutes of a regular meeting of Council held on Monday, April lO, 1989, at 9:30 a.m., in the Council Chambers Present Were: Mayor M. Hubbard Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K. Hooper Councillor F. Stapleton Councillor A. Wotten Also Present: Chief Administrative Officer, L. Kotseff Town Clerk, P. Barrie Director of Community Services, J. Caruana Deputy Fire Chief, M. Creighton Director of Public Works, W. Evans (Until 11: 00 a.m.) Treasurer, M. Marano Director of Planning, F. Wu Deputy Clerk, M. Knight Councillor Stapleton led the meeting in prayer. Resolution IC-24l-89 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the minutes of a regular meeting of Council held on Tuesday, March 28, 1989, be approved as read. "CARRIED" As this week is IDcal Government Week, Mayor Hubbard introduced three Grade 7 students from Bowmanville Senior Public School who attended the meeting as observers; Cathy Smart, Bruce Hamilton and Chris Wright. Mayor Hubbard also introduced two new members of staff of the By-law Enforcement Section: Duncan Leggett, Senior Municipal Law Enforcement Officer and Len Cramer, Municipal Law Enforcement Officer. Resolution IC-242-89 Moved by Councillor Hooper, seconded by Councillor wotten THAT Mrs. June Brown be added to the list of delegations. "CARRIED" . -" . . . Council Minutes PUBLIC MEETING RE: NOTICE OF HIGHWAY CLOSING DELEGATIONS - 2 - April 10, 1989 No one was present to speak Re: By-law 89-63, being a by-law to stop-up and close and to authorize the sale of that portion of the unopened road allowance, described as road allowance being formerly Parts of wt 27, Broken Front Concession, and that portion of Clarke Street, between Blocks K & 0, Hanning's Plan, Village of Newcastle, 'IbWn of Newcastle, designated as Part 2, Plan lOR-3009. Bob Schickedanz, 3311 Bayview Avenue, Suite lOS, Willowdale, Ontario, M2K lG4, request to Council to preservice. Mr. Schickedanz requested Council to permit the installation of municipal services. He stated that work would be done in accordance with Tbwn standards, and that he would meet all financial obligations of the TOwn. Councillor Stapleton made a declaration of interest with respect to the following delegation; vacated his chair and refrained from discussion on the subject matter. Councillor Stapleton's in-laws own property and conduct a business across the street from the proposed development. Mike Gimblett, R.R. #1, Newtonville, LOA lJO, Re: Official Plan Amendment and Subdivision Approval, requested that this matter be tabled until the Regional Municipality of Durham's requirements are satisfied. Mike Armstrong, 32 Simcoe Street South, P.O. Box 2396, Oshawa, Ontario, L1H 7V6, Re: Report PD-64-89 (L. Stanek), requested Council to re-consider the application by L. Stanek, for an eight lot estate residential development. He noted that this development is Phase II of the Tbwnline Estates Development and that Estate Residential Development provides a unique housing market, site plan control, levies for parkland dedication and creates jobs. He reiterated that this estate residential development would have a minimal impact on the surrounding area. Farouq Ma11al - ABSEC Development Inc. - This delegation is to be heard at 11:45 a.m. Mrs. June Brown, 121 Queen Street, Bowmanville, Ontario, 1M7, appeared on behalf of Margaret Mahon, and the Queen Street Community Residents who are concerned with the future of the Bowmanvi11e Memorial Arena Site. Mrs. Brown voiced the residents' support for Mr. wcke's proposal for non-profit senior citizens housing. Mrs. Brown requested Council to implement a development plan that is in keeping with the spirit which built the arena. . . . . Council Minutes cnlMUNlCATIONS - 3 - April 10, 1989 Resolution #C-243-89 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the communications to be received for information be approved except for Item I - 8. "CARRIED" I - 1 Correspondence received from A.P. Leitch, P.Eng., Director of Operations, Regional Works Department, Re: Ban on Waste Materials at Landfill Sites; I - 2 Correspondence received from P. Madill, A.M.C.T., Deputy Clerk, Region of Durham, Re: Application Submitted by Gatehouse Holdings Limited to Amend The Durham Region Official PLan and the Tbwn of Newcastle Official Plan; I - 3 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on March 21, 1989; I - 4 Correspondence received from Dawn Sword, Administrative Assistant to the Minister, Ministry of Natural Resources Re: Review of the Conservation Authorities Program; I - 5 Correspondence received from D.A. Chant, Chairman and president, ontario Waste Management Corporation, Re: BPI Medical Waste Incinerator in the Tbwn of Newcastle; I - 6 Regional Assessment Commissioner's Annual Report For 1988; I - 7 Correspondence received from Chaviva Hosek, Minister of Housing, Re: Rental Housing Protection Act, 1989; I - 9 Minutes of a meeting of the Clarke Tbwnship Museum & Archives, held on March 6, 1989; I - 10 Correspondence received from C.W. Lundy, A.M.C.T., Regional Clerk, Region of Durham, Re: Proposed Provincial Policy Statement on Housing Issued Under the Planning Act, 1983; I - 11 Correspondence received from P. Madill, A.M.C.T., Deputy Clerk, Region of Durham, Re: Request of Laidlaw Waste Systems Ltd., For Relief Prom the Minister of the Environment's Policy to Designate Private Waste Management Facilities Under the Environmental Assessment Act - Infill Proposal, Tbwn of Newcastle; I - 12 Correspondence received from P. Madill, A.M.C.T., Deputy Clerk, Region of Durham, Re: Highway 401 Widening - Preliminary Design Study: Brock Road to Courtice Road; . . . . Council Minutes c:cMillNlCATIONS 1-8 Bill 201 - An Act to Amend the Municipal Act 35.31.5. D - 1 Change of Pollard Road 77.2.2. D - 2 Resolution - Ontario Good Roads Assoc. 35.72.5. - 4 - April 10, 1989 I - 13 Correspondence received fran P. Madill, A.M.C.T., Deputy Clerk, Region of Durham, Re: Final Report of the Darlington Energy Park Task Force on the Feasibility of Developing an Energy Park at the Darlington Nuclear Generating Station; I - l4 Minutes of meetings of the Ganaraska Region Conservation Authority held on January 25, January 19, January 12, January 5, February 8, February 9, February 22, February 23, March 2, March 9, and March l6, 1989; I - l5 Correspondence received from G.A. York, Transit Subsidy Controller, Ministry of Transportation, Re: Subsidy for Physically Disabled. Resolution iC-244-89 Moved by Councillor Stapleton, seconded by Councillor wotten THAT Correspondence received from Donald A. Obonsawin, Deputy Minister, Ministry of Housing, Re: Bill 201, An Act to Amend the Municipal Act, be referred to staff for review and preparation of a report to the General Purpose and Administration Committee. "CARRIED" Resolution tc-245-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the letter dated March 2l, 1989, from Kent and Kellie McDonell, Jennifer McDonnel, Robert and Lauren Lowe, and Marie Cullen, in objection to changing the name of Pollard Road, be received and referred to discussion of By-law 89-6l later in the meeting. "CARRIED" Resolution iC-246-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the Resolution of the ontario Good Roads Association, calling on the government to more highly prioritize the municipal road system, as a recipient of Provincial Funding, and to reverse its decision not to increase road funding in 1989 be endorsed; and THAT the Regional Municipality of Durham, Sam Cureatz, M.P.P., The Treasurer of Ontario, and the Ministry of Transportation be so advised. "CARRIED" Council Minutes . CCMMUNICATIONS D - 3 . . . Royal pines Court Bowmanville l8T-88076 60.46.237. D - 4 Carnation M:>nth 10.2.11. D - 5 Nurses Week 10.2.11. - 5 - April 10, 1989 Resolution IC-247-89 Moved by Councillor Deegan, seoonded by Councillor H=per THAT the correspondence dated March 20, 1989, from Robert and Catherine Bourke, pertaining to an objection to the proposed Link Dwelling Development - Roy pines Court - l8T-88076, be received; and THAT Robert and Catherine Bourke be advised that this matter is being reviewed by staff and that their letter of objection will be oonsidered in oonjunction with the Plan of Subdivision. "CARRIED" Resolution IC-248-89 M:>ved by Councillor Stapleton, seoonded by Councillor WOtten THAT the oorrespondence dated March 21, 1989, from wayne Aasen, District Chairman, Town of Newcastle Carnation Day Campaign, requesting the proclamation of "Carnation Month" be received; THAT the month of May be proclaimed "Carnation M:>nth" in the Town of Newcastle and advertised in acoordance with Town policy; THAT Mayor Hubbard receive a delegation and participate in a flag raising ceremony with the local press to officially kick off the campaign on May 8, 1989; and THAT Mr. Wayne Aasen be so advised. "CARRIED" Resolution #C-249-89 Moved by Councillor Wotten, seoonded by Councillor Hamre THAT the oorrespondence dated March 22, 1989, from vicki E. Jack, R.M., Ontario Nurses' Association, requesting the proclamation of "Nurses Week" be received; THAT May 7 - 13, 1989 be proclaimed "Nurses' Week" in the Town of Newcastle and advertised in acoordance with Town Policy; and THAT Vickie E. Jack, R.N. be so advised. "CARRIED" Council Minutes . CXJoIMUNICATIONS . . . D - 6 petition - Ontario Street - Construction of Sidewalk 77.2.109. D - 7 Flower Vendors lO.13.5. D - 8 Metropolitan Works Committee 35.23.6. - 6 - April 10, 1989 Councillor Hooper made a declaration of interest with respect to Item D - 6; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Hooper lives in the near vicinity. Resolution IC-250-89 Moved by Councillor Hannah, seconded by Councillor Deegan THAT the petition received from Roy Woodcock, Lead Petitioner and residents on the west side of Ontario Street from Nelson Street to Liberty Street, objecting to the construction of a sidewalk in this block be received; THAT the sidewalk be deleted from the contract; and THAT Roy Woodcock be so advised. "CARRIED" Resolution iC-25l-89 Moved by Councillor Hamre, seconded by Councillor wotten THAT the correspondence received from Len Koenderman, Carnation Flower Shop, 33 Division Street, Bowmanville, pertaining to flower vendors be received and referred to the By-law Enforcement Division for appropriate action. "CARRIED" Resolution #C-252-89 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the correspondence received from Chairman Alan Tbnks, Municipality of Metropolitan Tbronto, Economic Developnent Division, pertaining to the Chairmens' Proposal - A Long Term Program For The Management Of Solid Waste, be received for information and a copy of the correspondence be forwarded to David Scott, Chairman, Clarke Constituents Association and John Veldhuis, Chairman, Port Granby-Newcastle Environment Committee. "CARRIED" Council Minutes . CCM>IUNICATIONS D - 9 . . . Financing Growth- Related Capital Needs 35.31. 99. D - 10 Kawartha Region Conservation Authority - Culverts 60.87.99. (3) REPORTS Report #1 G.P.A. Report of April 3, 1989 Item #2 O.P.A., Rezoning & Subdivision - Gimblett/Armstrong/ Bruynson 60.30.212. 60.35.500 - 7 - April lO, 1989 Resolution IC-253-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the correspondence received from Mike Breaugh, MPP, Oshawa, pertaining to financing growth-related capital needs be received and filed. "CARRIED" Resolution IC-254-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT the correspondence received from Ian D. MacNab, General Manager, Kawartha Region Conservation Authority, pertaining to a need for used culverts to be installed along hiking trails be received; and THAT the Public Works Department be instructed to contact the conservation Authorities when culverts become available; and THAT Ian MacNab be so advised. "CARRIED" Resolution iC-255-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of April 3, 1989, be approved, except for Items #2 and #5. "CARRIED" Councillor Stapleton made a declaration of interest with respect to Item #2; vacated his chair and refrained from discussion on the subject matter. Councillor Stapleton's in-laws own property and conduct a business across the street from the proposed development. Resolution tC-256-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Report PD-88-89 be tabled until Regional concerns have been resolved. "CARRIEDII . . . . Council Minutes REPORTS Item #5 Rezoning - Mosport 60.35.498. Report #2 Interim Financing Recreation Complex 35.23.7. UNFINISHED BUSINESS O.P.A., Rezoning & Subdivision L. Stanek 60.30.178. - 8 - Apr il 10, 1989 COuncillor Wotten made a declaration of interest with respect to Report PD-9l-89; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Wotten owns property in the vicinity of this development. Resolution IC-257-89 Moved by COuncillor Hamre, seconded by Councillor Hannah THAT Report pD-9l-89 be received; and THAT rezoning application DEV 89-00l submitted by Bernard Kamin on behalf of Mosport Park Ltd., to reflect the current Mosport Park Ltd. ownership and to accommodate expansion of existing motor sport facilities and related events be approved, and that By-law 89-57 be passed; and THAT a copy of By-law 89-57 be forwarded to the applicant and all interested parties attached to Report PD-9l-89. "CARRIED" Resolution #C-258-89 Moved by COuncillor Deegan, seconded by Councillor Hooper THAT Report TR-30-89 be received for information; and THAT the cost of watermain servicing to the new arena facility in the amount of $530,053.34 be interim financed by funds from the Public Works IDt Levy Account #1l10-157-X; and THAT upon receipt of the 1989 contribution from the Skate '88 Campaign Fundraisers and the related proceeds from the sale of the old arena in accordance with the original financing scenario for the Bowmanville Recreational Complex, that the Public Works IDt Levy Fund be reimbursed in fulL "CARRIED" Resolution #C-259-89 Moved by Councillor Hamre, seconded by Councillor Hannah THAT Report PD-64-89 be lifted from the table; THAT Report PD-64-89 be received; THAT the Official Plan Amendment submitted by L. Stanek, as revised, to permit the development of an eight (8) lot estate residential subdivision be DENIED; THAT the accompanying Rezoning and Subdivision applications be DENIED; and THAT the Region of Durham, the applicant and the applicant's agent be so advised. "CARRIED" . . . . council Minutes UNFINISHED BUSINESS BY-LAWS By-laws - 9 - Apr il 10, 1989 Resolution 'C-259-89 Recorded Vote Yea Nay councillor Hamre COuncillor Hannah COuncillor Hooper Councillor Stapleton Mayor Hubbard councillor Deegan Councillor Wotten Resolution #C-260-89 Moved by Councillor Hamre, se=nded by Councillor Wotten THAT the request of Mr. Bob Schickedanz to preservice be approved, =nditional upon compliance with the requirements of the Director of Public Works and Director of Planning. "CARRIED" Resolution jIC-26l-89 Moved by COuncillor Wotten, se=nded by COuncillor Deegan THAT the delegation of Mike Armstrong be acknowledged and he be advised of Council's decisions. "CARRIED" Resolution jIC-262-89 Moved by COuncillor Stapleton, se=nded by Councillor Hooper THAT the request of Mrs. June Brown be referred to staff. "CARRIED" councillor Wotten made a declaration of interest with respect to By-law 89-57; vacated his chair and refrained from discussion and voting on the subject matter. COuncillor Wotten owns property in the vicinity of Mosport Park. Resolution #C-263-89 Moved by COuncillor Stapleton, se=nded by COuncillor Hannah THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first time: 89-56 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Kassinger); 89-57 being a by-law to amend By-law 84-63, the COmprehensive ZOning By-law of the COrporation of the Town of Newcastle (l>bsport); Council Minutes . BY-LAWS . . . - 10 - April lO, 1989 89-58 being a by-law to amend By-law 84-63, the Comprehensive zoning By-law of the Corporation of the 'Ibwn of Newcastle (Fowler); 89-59 being a by-law to amend By-law 84-63, the Comprehensive zoning By-law of the Corporation of the 'Ibwn of Newcastle (Kingsberry); 89-60 being a by-law to authorize the entering into of an Agreement between Waverly Heights Subdivision (Oshawa) Limited and the Corporation of the town of Newcastle 89-6l being a by-law to amend By-law 86-112, being a by-law to establish a street map and a street name inventory for roads in the Town of Newcastle; 89-62 being a by-law to appoint a Deputy Treasurer; 89-63 being a by-law to stop-up and close and to authorize the sale of that portion of the unopened road allowance, described as road allowance being formerly Parts of Lot 27, Broken Front Concession and that portion of Clarke Street, between Blocks K & 0, Hanning's plan, Village of Newcastle, TOwn of Newcastle, designated as Part 2, Plan 10R-3009; 89-64 being a by-law to authorize the execution of an Agreement with Durham Recycling Centre Inc., for the collection of unwanted newspapers, glass and cans. "CARRIED" Resolution tC-264-89 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the second reading of the following by-laws be approved: 89-56; 89-57; 89-58; 89-59; 89-60; 89-64. "CARRIED" Resolution #C-265-89 Moved by Councillor Stapleton, seconded by Councillor Hamre THAT By-law 89-6l be tabled and referred to the Director of Public WOrks for preparation of a report to the General Purpose and Administration Committee. "CARRIED" . . . . Council Minutes BY-LAWS OTHER BUSINESS Postal Service Courtice Area - 11 - April lO, 1989 Resolution 3C-266-89 Moved by Councillor Stapleton, seconded by Councillor Hannah mAT the second reading of By-laws 89-62 and 89-63 be approved. "CARRIED" Recorded Vote Yea Nay Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Satpleton Councillor Wotten Mayor Hubbard Resolution #C-267-89 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the third and approved: 89-56; 89-63; 89-64. final reading of the following by-laws be 89-57; 89-58; 89-59; 89-60; 89-62; "CARRIEDII Resolution #C-268-89 Moved by Councillor Hannah, seconded by Councillor Hooper WHEREAS the Courtice Area has experienced tremendous urban growth in recent years; and WHEREAS this urban growth trend in Courtice is expected to continue and the current population of approximately 7500 will double in four years; and WHEREAS the present and future residents of Courtice do not have the benefits of full postal service in the community in which they reside and are encountering inconvenience of having to pick up parcels and registered mail in Bowmanville; and WHEREAS the postal addresses of residents in Courtice do not reflect the name of the community they reside in and have caused confusion; Council Minutes . CYl'HER BUSINESS . . r. RECESS - 12 - April lO, 1989 NCM THEREFORE THE COUNCIL OF THE 'IDWN OF NEWCASTLE RESOLVE: 1. THAT the Canada Post Corporation be requested to: a) proceed immediately to establish a postal outlet in Courtice to offer full postal services to the residents of Courtice; and b) to consolidate all postal addresses in Courtice to reflect the name of the community; 2. THAT Councillor Larry Hannah, the Mayor, and/or appropriate staff be authorized on behalf of TOwn Council, to meet with officials of Canada Post Corporation to have these matters resolved; and 3. THAT the Regional Municipality of Durham, Sam Cureatz, M.P.P., Ross Stevenson, M.P., be advised of actions taken. "CARRIED" Recorded Vote Yea Nay Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Councillor Hannah read a letter received from The Premier of ontario, thanking the TOwn of Newcastle for its help in establishing Ontario as the North American Leader in Municipal, Multi-Material Curbside Recycling, and displayed a plaque honouring the community for helping to bring about this significant milestone in Ontario's development as a self- reliant, environmentally conscious community. Resolution IC-269-89 Moved by Councillor Hooper, seconded by Councillor Wotten THAT Council recess until 11:45 a.m. "CARRIED" The meeting reconvened at 11:45 a.m. . . . . Council Minutes OTHER BUSINESS Special G.P.A. Minutes of April 7, 1989 (Budget) - 13 - April 10, 1989 Mr. Farouq Mallal, Solicitor for ABSEC Developnents Inc., appeared before Council and requested that Resolutions #C-l92-89 and #C-193-89 passed on March 13, 1989, be rescinded. He feels that these resolutions are Ultra Vires and in violation of Section 106 of the Municipal Act. Resolution #C-270-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Council move into Committee of the Whole. "CARRIED" Mr. Milt Dakin, appeared before Council to answer questions pertaining to the Newcastle Community Services Advisory Board's 1989 Grant Recommendations. Resolution #C-27l-89 Moved by Councillor wotten, seconded by Councillor Stapleton THAT the Committee rise. II CARRIED" Resolution #C-272-89 Moved by Councillor Deegan, seconded by Councillor Hamre THAT Council reconvene. "CARRIED1' Councillor Hooper made a declaration of interest with respect to the reconstruction of Ontario Street; vacated his chair and refrained from discussion on the subject matter. Councillor Hooper owns property in the near vicinity. Councillor Deegan made a declaration of interest with respect to the reconstruction of George Street; vacated his chair and refrained from discussion on the subject matter. Councillor Deegan's place of business is in the near vicinity. Resolution #C-273-89 Moved by Councillor Hamre, seconded by Councillor WOtten THAT the minutes of a special meeting of the General Purpose and Administration Committee held on Friday, April 7, 1989, be approved as circulated. "CARRIED AS AMENDED" . . . . .... . Council Minutes N.C.S.A.B. Grant Recommendations - 14 - April 10, 1989 Resolution #c-274-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the Newcastle Community Services Advisory Board 1989 Grant Recommendations, as amended, be approved; and THAT Item #4 of Report TR-33-89 pertaining to Grants be approved, as amended. "CARRIED AS AMENDED" The foregoing Resolution iC-274-89 was put to a vote and CARRIED AS AMENDED on the following Recorded Vote. Recorded Vote Yea Nay Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor A. Wotten Mayor Hubbard Resolution 'C-275-89 /obved by Councillor Hannah, seconded by Councillor Wotten THAT the foregoing Resolution #C-272-89 be amended by adding the following thereto: "THAT the Court ice Childrens' Non-Competitive Softball and the Courtice and Area Community Association be included in the Grant Program." IlCARRIEDn Resolution #C-276-89 Moved by Councillor Hooper, seconded by Councillor Wotten THAT Mayor M. Hubbard be appointed to the Regional Municipality Nuclear Task Force with Councillor Hamre as an alternate. "CARRIED" Resolution #c-277-89 /obved by Councillor Hamre, seconded by Councillor Wotten THAT the delegation of Mr. Farouq Mallal be acknowledged. IICARRIED" ... Council Minutes . CONFIRMING BY-LAW -e . . ADJOURNMENT - 15 - April 10, 1989 Resolution tC-278-89 Moved by Councillor Hooper, seconded by Councillor Deegan THAT leave be granted to introduce By-law 89-65, being a by-law to confirm the proceedings of the Council of the 'Ibwn of Newcastle, at this meeting held on the 10th day of April 1989, and that the said by-law be now read a first time. "CARRIED" Resolution tC-279-89 Moved by Councillor Hooper, seconded by Councillor Deegan THAT the second reading of By-law 89-65 be approved. "CARRIED" Resolution tC-280-89 Moved by Councillor Hooper, seconded by Councillor Deegan THAT the third and final reading of By-law 89-65 be approved. "CARRIED" Resolution tC-28l-89 Moved by Councillor W::>tten, seconded by Councillor Stapleton THAT the meeting adjourn at 12:30 p.m. "CARRIED" MAYOR CLERK