HomeMy WebLinkAbout04/24/1989
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Council Minutes
ROLL CALL
TCMN OF NEWCASTLE
Apr il 24, 1989
Minutes of a regular meeting of Council held
on Monday, April 24, 1989, at 7:00 p.m., in
the Council Chambers
Present Were: Mayor M. Hubbard
Councillor P. Deegan
Councillor L. Hannah
Councillor F. Stapleton
Councillor A. Wotten
Absent:
Councillor D. Hamre (Due to Illness)
Councillor K. Hooper (Due to Illness)
Also Present: Chief Administrative Officer, L. Kotseff
Director of Community Services, J. Caruana
(Until 8:40 p.m.)
Acting Fire Chief, M. Creighton
(Until 8: 40 p.m.)
Director of Public WOrks, W. Evans
Treasurer, M. Marano (Until 8:40 p.m.)
Director of Planning, F. Wu
'Ibwn Clerk, P. Barrie
'Ibwn's Legal Counsel, D. Hefferon
(Attended at 7:30 p.m.)
Councilor Stapleton led the meeting in prayer.
MINUTES
PUBLIC MEETINGS
NOtice of Highway
Closings
Resolution iC-282-89
Moved by Councillor WOtten, seconded by Councillor Stapleton
THAT the minutes of a regular meeting of Council held on
Monday, April 10, 1989, be approved as read.
"CARRIED"
No one was present to speak Re: By-law 89-66,
being a by-law to stop up and close and to authorize
the sale of the unopened road allowances, described
as Part of Unnamed Streets in Part of Lot 9,
Concession 1, former 'Ibwnship of Darlington,
according to Hutcheson Plan.
NO one was present to speak Re: By-law 89-67,
being a by-law to stop up and close and to authorize
the sale of parts of the unopened road allowances,
described as Part of Mann Street and Part of Winnstanley
Street, between Blocks A and B, according to T.W. Herrick's
Plan for Porter and Bradshaw.
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Council Minutes
DELEGATIONS
- 2 -
Apr il 24, 1989
Councillor Stapleton and Mr. Robert Allen, Chairman, Newcastle
Cormnunity Services Advisory Board, made a presentation to Mr.
Milt Dakin, in recognition of the work he has accomplished as
former Chairman of the Board from 1985 to 1989.
Mayor Hubbard made a declaration of interest with respect to the
delegations of Messrs. Ron Strike and Drew Dowling and vacated
her chair. Mayor Hubbard indicated that she is the owner of a
medical building in the Town of Newcastle and also she has
relatives living in the cirulation area of this application.
Councillor Hannah chaired this portion of the meeting.
Mr. Ron Strike, addressed Council with respect to Rezoning
Application DEV 88-39, submitted by Drs. Balenko and Van Hoof.
For the benefit of the new Council Members, Mr. Strike gave a
chronological review of the events leading to today's meeting.
He stated that the by-law to rezone the property was not to be
passed until such time as the site plan for the proposal had
been executed. Because of time restrictions, the site plan has
not been executed, however, he gave his undertaking that it is
100% agreeable to his clients. He indicated that the
applicants have met with the citizens in the area and that all
of their concerns have been adequately addressed.
Mr. Drew nowling, 50 Colborne Street East, Oshawa, LlG 1L9,
addressed Council with respect to Rezoning Application DEV
88-39, submitted by Drs. Balenko and Van Hoof, ( on behalf of the
concerned citizens in the area}. Mr. Dowling indicated that the
citizens have met with the applicants of this proposal, however,
they feel that these meetings were unsuccessful. Some of their
concerns, particularly the parking issue, have been inadequately
addressed. Mr. Dowling stated that if this rezoning by-law is
is passed without further review, there exists a danger of an
accident involving school children who walk past the subject
property on their way to Ontario Street Public School. Mr.
Dowling also questioned whether acceptance of this proposal
would create a "flood gate" issue, i.e., if this proposal is
allowed to go ahead, will other proposals also be allowed in the
area. He requested that Council refer this item back to staff
in order to more adequately address the parking requirements.
Mayor Hubbard resumed the Chair.
Mr. John Veldhuis, Chairman, Port Granby-Newcastle Environment
Committee, addressed Council with respect to the Browning-Ferris
Industries' Medical Waste Incinerator proposal for the Courtice
Area. The Committee is concerned that the residents of the Town
of Newcastle be provided with the opportunity to provide input
and to have access to expert advice and guidance through the
full environmental assessment process for this proposal. He
asked for the Town's support in requesting that the Ministry of
the Environment subject the proposed medical waste incinerator
to full public hearings under the Environmental Assessment Act.
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Council Minutes
DELEGATIONS
- 3 -
April 24, 1989
Mr. Grant Sinclair appeared before Council on behalf of Mr. Ron
Molson, Minden Gross, 111 Richmond S. t W., Suite 700, Toronto,
MSH 2H5, regarding a property matter (Confidential Report
Admin 9-89). Mr. Sinclair indicated that his client is the
owner of land immediately north of the subject property on which
a Plan of Subdivision has received draft approval. Mr. Sinclair
requested that prior to the offer of purchase for the subject
property being executed, conditions be imposed to ensure that an
easement will be available to his client on Blocks Band C, so
that final approval of his client's Plan of Subdivision will be
available.
Mrs. Sylvia Spice, Vice-President, Patient Care Services,
Bowmanville Memorial Hospital, 47 Liberty St. S., addressed
Council with respect to the rental of the Newcastle Fitness
Centre. Mrs. Spice indicated that since 1980, the Hospital has
rented the Swimming Pool at the Fitness Centre every Friday,
between the hours of 2:30 and 3:30 p.m. for therapy sessions for
handicapped patients. Mrs. Spice indicated that the
alternative times offered to the hospital are unacceptable
because of change of staff shifts, conflict with meal times, and
because the physiotherapist is normally off duty at the times
offered, and requested that Council not approve staff's
recommendations contained in Report CS-10-89.
Mr. Jack Locke appeared before Council with respect to the
tendering of the Bowmanville Memorial Arena Site. Mr. Locke
questioned whether the Town's normal tendering procedures had
been followed in the acceptance of the Sandbury proposal. He
requested that a public inquiry be held into the handling of
this Tender.
Resolution tC-283-89
Moved by Councillor W::>tten, seconded by Councillor Hannah
THAT Council recess for five minutes.
IlCARRIEDII
The meeting reconvened at 8:02 p.m.
Resolution iC-284-89
Moved by Councillor WOtten, seconded by Councillor Deegan
THAT the Agenda be altered to hear comments from Dennis
Hefferon, Legal Counsel for the Town of Newcastle.
"CARRIED"
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Council Minutes
DELEGATIONS
COOMUNICATIONS
- 4 -
April 24, 1989
Mr. Hefferon stated that the recommendations contained in
Confidential Report Admin 10-89 indicate that a further report
to Council will be forthcoming on the proposal for the
Bowmanville Arena Site once all documentation has been
approved. In reviewing the report and the tender documents,
Mr. Hefferon indicated that complete compliance to the
tendering procedures was followed by staff and Council in this
matter. After studying each proposal, Council's decision came
down only to a matter of choice between the three tenders which
had been submitted.
Resolution tC-285-89
Moved by Councillor Deegan, seconded by Councillor Hannah
THAT the Communications to be received for information
be approved except for Items I - 3 and I - 13.
"CARRIEDII
I - 1 Durham Newsletter, Re: Waste Management in Durham
Region: The Time For Decision;
I - 2 NO Correspondence;
I - 4 Correspondence received from John Eakins, Minister of
Municipal Affairs, Re: Amendments to the Highway
Traffic Act and the Ontario Municipal Act;
1-5 Correspondence received from C.W. Lundy, A.M.C.T.,
Regional Clerk, Region of Durham, Re: Waste Disposal
Tipping Fee Increase;
I - 6 Minutes of a meeting of the Bowmanville Museum, held
on March 15, 1989:
I - 7 Correspondence received from Sidney B. Linden,
Information and Privacy Commissioner/Ontario, Re:
Key to the 90's - Privacy and Information Access;
I - 8 Correspondence received from Brian Hancock, Chief
Administrative Officer, Ganaraska Region Conservation
Authority, Re: 1989 "pitch-in" Program;
I - 9 Correspondence received from C.W. Lundy, A.M.C.T.,
Regional Clerk, Region of Durham, Re: Waste Disposal
By-law;
I - 10 Correspondence received from Vincent G. Kerrio, Minister
of Natural Resources, Re: Review of the Conservation
Authorities Program;
I - 11 Correspondence addressed to Dr. Mofeed Michael,
Commissioner of Planning, Region of Durham, from
Mrs. Helen MacDonald, Re: Laidlaw Waste Systems Ltd.;
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Council Minutes
- 5 -
Apr il 24, 1989
CCWolUNICATIONS
I - 12 Correspondence received from Lily Oddie Munro, Minister
of Culture and Cormnunications, Re: Preserving Ontario's
Architecture;
I - 14 Correspondence received from C.W. Lundy, A.M.C.T.,
Regional Clerk, Region of Durham, Re: Developnent
Levy Policy.
I - 3 Resolution iC-286-89
Occupational Health Moved by Councillor Deegan, seconded by Councillor Hannah
& Safety Act
35.31.11. THAT Communication I - 3 be received for information.
II CARRIED II
1-13
Resolution iC-287-89
Rezoning -
Mary Pike
(Objection)
60.35.504.
Moved by Councillor Deegan, seconded by Councillor Hannah
THAT Communication I - 13 be received for information.
"CARRIED AS AMENDED"
Resolution iC-288-89
Moved by Councillor Stapleton, seconded by Councillor W::>tten
THAT the foregoing Resolution iC-286-89 be amended by adding the
following thereto:
"AND THAT the correspondence be referred to File DEV 89-007 and
considered in conjunction with the Rezoning Application."
"CARRIED"
D - 1
Resolution iC-289-89
Canada's
Fitweek
10.2.11.
Moved by Councillor Stapleton, seconded by Councillor W::>tten
THAT the correspondence dated March 29, 1989, from Jean J.
Charest, Fitness Canada, requesting the proclamation of
"Canada's Fitweek" be received;
THAT the week of May 26 to June 4, 1989 be proclaimed "Canada's
Fitweek" in the Town of Newcastle and advertised in accordance
with Town Policy; and
THAT Jean J. Charest be so advised.
"CARRIEDII
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Council Minutes
CCWolUNlCATIONS
D - 2
- 6 -
April 24, 1989
Resolution iC-290-89
Arthritis Society Moved by Councillor Hannah, seconded by Councillor Deegan
Financial Assistance
10.57.11. THAT the correspondence dated April 3, 1989, from Mark
Courtemanche, Regional Manager, The Arthritis Society,
requesting financial assistance be received;
D - 3
Rescue Operation
Clarke Museum
35.60.11.
D - 4
Condition of
Sidewalk - King
St., Bowmanville
35.60.8.
D - 5
Municipal Services
Highland Gardens
Subdivision
Phase II
60.46.209.
THAT Mr. Courtemanche be advised that the 1989 budget has been
struck and that future requests for financial assistance should
follow the grant request procedures co-ordinated through the
Newcastle community Services Advisory Board.
"CARRIEDII
Resolution tC-291-89
Moved by Councillor Deegan, seconded by Councillor Stapleton
THAT the correspondence dated April 5, 1989, from Mark I.
Jackman, Curator, Clarke Museum and Archives, pertaining to
Rescue Operation presently underway by Clarke Museum be
received;
THAT this matter be referred to the Clerk for receipt of a legal
opinion; and
THAT Mark 1. Jackman be so advised.
"CARRIED"
Resolution iC-292-89
Moved by Councillor WOtten, seconded by Councillor Stapleton
THAT the correspondence dated April 14, 1989, from Mr. G.
Webster, Bowmanville Business Centre, regarding the condition of
the sidewalk on the south side of King Street be received;
THAT the correspondence be referred to the Public WOrks
Department for appropriate action; and
THAT Mr. Webster be so advised.
"CARRIED"
Resolution tC-293-89
Moved by Councillor Deegan, seconded by councillor Wotten
THAT the correspondence dated April 13, 1989, from Mr. D.G.
Biddle, D.G. Biddle and Associates Limited, requesting approval
to proceed with construction of municipal services in the
Highland Gardens Subdivision, phase II, be received:
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Council Minutes
CCMMUNlCATIONS
D - 5
D - 6
Resolution Re:
Churches & Schools
Receiving Fire
Protection Without
Proper Cost
Adjustments
35.11. 2.
D - 7
Newtonville Water
Supply System
and Frontage
Charges
35.23.102.
- 7 -
April 24, 1989
THAT the request of Mr. Biddle be approved subject to the
approval of the Directors of Planning and Public W::>rks; and
THAT Mr. Biddle be so advised.
I'CARRIED'I
Resolution tC-294-89
Moved by Councillor Hannah, seconded by Councillor Deegan
THAT the correspondence dated March 22, 1989, from Ms. Gloria
Taylor, Deputy-Clerk, Town of Paris, requesting endorsation of a
resolution passed by the Council of the Town of Paris regarding
churches and schools receiving fire protection without proper
cost adjustments be received;
THAT the resolution of the Town of Paris not be enibrsed as
current legislation does not support or justify a special charge
other than user charges, such as water and sewer and the request
is not to support changes in the existing legislation; and
THAT Ms. Gloria Taylor be so advised.
"CARRIED"
Resolution tC-295-89
Moved by Councillor Stapleton, seconded by councillor wotten
THAT the correspondence dated April 4, 1989, from Ms. Esther F.
Lifler, Assistant Reg ional Solicitor, Reg ional Municipality of
Durham, regarding the by-law for Construction of the Newtonville
Water Supply System and Imposition of Frontage Charges on
Abutting Owners be received;
THAT the Region of Durham be advised that the 'Ibwn has no
Objection to the construction of the sewage works or to the
imposition of the proposed sewer rate;
THAT the payment of the frontage charge in the amount of $463.71
be approved; and
THAT Ms. Esther Lefler be so advised.
"CARRIED"
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Council Minutes
REPORl'S
Report il
G.P.A. Report Of
April 17, 1989
Item Ul
Bowmanville
Hospital Rental
Newcastle Fitness
Centre
68.31.4.
Item U6
Property Matter
- 8 -
April 24, 1989
Resolution tC-296-89
Moved by Councillor Hannah, seconded by Councillor Deegan
THAT the General Purpose and Administration Committee Report of
April 17, 1989, be approved except for Items Hl and H6.
"CARRIED"
Resolution tC-297-89
Moved by Councillor W::>tten, seconded by Councillor Deegan
THAT Report CS-10-89 be received;
THAT Report CS-IO-89 be tabled to allow staff an opportunity to
address the concerns of Mrs. Spice; and
THAT the delegation of Mrs. Spice be acknowledged, and she be
advised of Council's decision.
"CARRIED"
Resolution tc-298-89
Moved by Councillor W::>tten, seconded by Councillor Hannah
THAT Item 116 of Report 11 dated April 24, 1989, be referred to
the end of the Agenda to be considered "In Camera."
"CARRIED"
Resolution tC-299-89
Moved by Councillor WOtten, seconded by Councillor Hannah
THAT Mr. Jack Locke be heard at this time.
"CARRIED"
Mr. Locke questioned the Town's Legal Counsel on the status of
Mr. Gerrard Gervais, Consultant for Sandbury Corporation.
UNFINISHED BUSINESS
Resolution tC-300-89
Moved by Councillor Hannah, seconded by councillor Stapleton
THAT the Town of Newcastle request the Minister of the
Environment for Ontario, to hold public hearings under the
Environmental Assessment Act for the Medical Waste Incinerater
proposal submitted by Browning-Ferris Industries Limited; and
THAT the delegation of Mr. John Veldhuis be acknowledged, and
that he be advised of Council's decision.
"CARRIED"
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Council Minutes
UNFINISHED BUSINESS
BY-LAWS
- 9 -
April 24, 1989
Resolution tC-30l-89
Moved by Councillor Wotten, seconded by Councillor Stapleton
THAT the delegation of Mr. Grant Sinclair be acknowledged, and he
be advised of Council's decision.
"CARRIED"
Resolution tC-302-89
Moved by Councillor Stapleton, seconded by Councillor Hannah
THAT the delegation of Mr. Jack Locke be referred to the Town's
Legal Counsel for review and response.
"CARRIED"
Resolution tC-303-89
Moved by Councillor Deegan, 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:
89-66 being a by-law to stop up and close and to authorize the
sale of the unopened road allowances, described as Part
of Unnamed Streets in Part of Lot 9, Concession 1,
former 'Ibwnship of Darlington, according to Hutcheson
Plan;
89-67 being a by-law to stop up and close and to authorize the
sale of parts of the unopened road allowances, described
as Part of Mann Street and Part of Winnstanley Street,
between Blocks A and B according to T.W. Herrick's
Plan for Porter and Bradshaw;
89-69 being a by-law to adopt the estimates of all sums required
during the year for municipal purposes and to strike the
rates of taxation for municipal purposes for the year
1989.
"CARRIED"
Resolution tc-304-89
Moved by Councillor Deegan, seconded by Councillor WOtten
THAT the second reading of the following by-laws be approved:
89-66; 89-67; 89-69.
"CARRIED"
Recorded Vote
Yea
Nay
Councillor Deegan
Councillor Hannah
Councillor WOtten
Mayor Hubbard
Councillor Stapleton
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Council Minutes
BY-LAWS
- 10 -
April 24, 1989
Resolution tC-305-89
Moved by Councillor Deegan, seconded by Councillor WOtten
THAT the third and final reading of the following by-laws be
approved: 89-66; 89-67; 89-69.
"CARRIED"
Mayor Hubbard made a declaration of interest with respect to
By-law 89-68; vacated her chair and refrained from discussion
and voting on the subject matter. Mayor Hubbard indicated that
she is the owner of a medical building in the 'Ibwn of Newcastle
and also that she has relatives residing within the cirulation
area of the proposal.
Councillor Hannah chaired this portion of the meeting.
Resolution tc-306-89
Moved by Councillor Deegan, seconded by Councillor W::>tten
THAT leave be granted to introduce By-law 89-68,
being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law of the Corporation of the Town of
Newcastle (Van Hoof), and that the said by-law be now
read a first time.
"CARRIED"
Resolution tC-307-89
Moved by Councillor Deegan, seconded by Councillor wotten
THAT the second reading of By-law 89-68 be approved.
"CARRIED"
Resolution tC-308-89
Moved by Councillor Deegan, seconded by Councillor WOtten
THAT the third and final reading of By-law 89-68 be approved.
"CARRIED"
Resolution tC-309-89
Moved by Councillor Stapleton, seconded by Councillor wotten
THAT the delegations of Messrs. Strike and nowling be
acknowledged and they be advised of Council's decision.
"CARRIED"
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Council Minutes
Item il6 of
Report il
Property Matter
- 11 -
April 24, 1989
Mayor Hubbard resumed the Chair.
Resolution tC-310-89
Moved by Councillor Stapleton, seconded by Councillor Wotten
THAT Council move into Committee of the Whole.
"CARRIED"
Resolution tC-3l1-89
Moved by Councillor Stapleton, seconded by Councillor WOtten
THAT the meeting be "In Camera."
"CARRIED"
Resolution 'C-312-89
Moved by Councillor W::>tten, seconded by Councillor Hannah
THAT the recommendations contained in Confidential Report
Admin 9-89 be approved, as amended.
"CARRIED"
Resolution fC-313-89
Moved by Councillor W::>tten, seconded by Councillor Deegan
THAT the Committee rise.
"CARRIED"
Resolution fC-3l4-89
Moved by Councillor Deegan, seconded by Councillor WOtten
THAT the meeting be open.
"CARRIED"
Resolution 'C-315-89
Moved by Councillor Deegan, seconded by Councillor W::>tten
THAT the actions taken "In Camera" be approved.
"CARRIED"
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Council Minutes
BY-LAWS
CONFIRMING BY-LAW
- 12 -
April 24, 1989
Resolution 'C-316-89
Moved by Councillor Deegan, seconded by Councillor W::>tten
THAT leave be granted to introduce By-law 89-70,
being a by-law to authorize the Corporation of the Town of
Newcastle to enter into an Agreement of Purchase and Sale
with veltri & Son Limited, and that the said by-law be
now read a first time.
"CARRIED"
Resolution fC-317-89
Moved by Councillor Deegan, seconded by Councillor W::>tten
THAT the second reading of By-law 89-70 be approved.
"CARRIED"
Resolution tC-318-89
Moved by Councillor Deegan, seconded by Councillor wotten
THAT the third and final reading of By-law 89-70 be approved.
"CARRIED"
Resolution 'C-3l9-89
Moved by Councillor Stapleton, seconded by Councillor WOtten
THAT leave be granted to introduce By-law 89-71,
being a by-law to confirm the proceedings of the Council
of the 'Ibwn of Newcastle at this meeting held on the
24th day of April 1989, and that the said by-law be
now read a first time.
"CARRIED"
Resolution fC-320-89
Moved by Councillor Stapleton, seconded by Councillor W::>tten
THAT the second reading of by-law 89-71 be approved.
"CARRIED"
Recorded Vote
Yea
Nay
Councillor Deegan
Councillor Hannah
Councillor Stapleton
Councillor Wbtten
Mayor Hubbard
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CONFIRMING BY-LAW
ADJOURNMENT
- 13 -
Apr il 24, 1989
Resolution tC-32l-89
Moved by Councillor Stapleton, seconded by Councillor Wotten
THAT the third and final reading of By-law 89-71 be approved.
"CARRIED"
Resolution 'C-322-89
Moved by Councillor Hannah, seconded by Councillor Deegan
THAT the meeting adjourn at 8:47 p.m.
"CARRIED"
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MAYOR