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HomeMy WebLinkAbout11/13/1989 . . . . Council Minutes ROLL CALL Present Were: Also Present: MINUTES DELEGATIONS TOWN OF NEWCASTLE November 13, 1989 Minutes of a regular meeting of Council held on Monday, November 13, 1989, at 9:30 am., in the Council Chambers Mayor M. Hubbard Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K Hooper Councillor F. Stapleton Councillor A Wotten Chief Administrative Officer, L. Kotseff Director of Community Services, J. Caruana Acting Fire Chief, M. Creighton Director of Public Works, W. Evans Deputy Treasurer, J. Rzeszut Director of Planning, F. Wu Town Clerk, P. Barrie Councillor Stapleton led the meeting in prayer. Resolution #C-734-89 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the minutes of a regular meeting of Council held on October 30, 1989, be approved. "CARRIED'l Resolution #C-735-89 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT Mrs. Sophie Pridie and Mr. Dwight Grovwn be added to the list of delegations. "CARRIED" . . . . Council Minutes DELEGATIONS COMMUNICATIONS - 2- November 13, 1989 Mr. Kevin Tunney, representing Mr. C.P. Mann, addressed Council with respect to Report PD-287-89 (Item #15 of Report #1). Mr. Tunney requested that Council not approve the tabling motion as recommended by the General Purpose and Administration Committee, but rather that they approve the recommendations contained in the report. He indicated that Mr. Mann is the owner of lands east of Courtice Road and south of Nash Road which are presently zoned R1, and that any development on these lands would be subject to new standards requested by the Town. He indicated that the developer is capable of providing a quality development that will round out the focal point of the Courtice area Mrs. Sophie Pridie, 19 Orchard Park Drive, Bowmanville, L1C 4B1, addressed Council with respect to Report PD-261-89 (Item #17 of Report # 1). Mrs. Pridie indicated her opposition to this high density development being placed on environmentally protected lands. Mr. Dwight Grovum, 86 Wellington Street, Bowmanville, LIC 1V7, addressed Council with respect to Report PD-281-89 (Item #9 of Report #1). Mr. Grovum stated concerns that this application will create an island of commercial uses in a residential area, and also the fact that the comments of the residents were overlooked in the report. Resolution #C-736-89 Moved by Councillor Hannah, seconded by Councillor Hamre THAT the communications to be received for information be approved with the exception of! - I, I - 2, I - 3 and I - 4. "CARRIED" 1- 5 Correspondence received from Walter E. Taylor, AM.C.T., C.M.C., Clerk, Township of Uxbridge, Re: Resolution on Goods and Services Tax (GST); 1- 6 Correspondence received from Joanne E. Davies, Campbell, Godfrey & Lewtas, Barristers & Solicitors, Re: Request for Referral, Application for Amendment of Durham Regional Official Plan, Part Lot 15, Concession 7, former Township of Clarke; 1- 7 Minutes of a meeting of the Clarke Township Museum & Archives, held on October 2, 1989; . . . . Council Minutes COMMUNICATIONS 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1- 15 I. 16 1- 17 1-18 1- 19 - 3- November 13, 1989 Correspondence received from Herb and Anna Sargeant, 97 Cedarcrest Beach Rd., Bowmanville, L1C 3K3, Re: Expansion of St. Marys Cement Co.; Correspondence received from C.J. Follett, 131 Cove Road W., West Beach, Bowmanville, L1C 3L1, Re: Expansion of St. Marys Cement Co.; Minutes of meetings of the Ganaraska Region Conservation Authority, held on October 5, October 12, and October 19, 1989; News Release received from the Clarke Township Museum & Archives, Re: Clarke Museum Curator elected to seat on Governing Council of the Ontario Museum Association; Minutes of a meeting of the Central Lake Ontario Conservation Authority, held on October 24, 1989; Correspondence received from David Ba1sillie, Assistant Deputy Minister, Ministry of the Environment, Re: Resolution on Waste Management and the Environmental Assessment Process; Minutes of a meeting of the Bowmanville Museum Board, held on October 11, 1989; Correspondence received from Russell D. Cheeseman, Weir & Foulds, Barristers & Solicitors, Re: Rezoning Application, St. Marys Cement Co.; Correspondence received from C.W. Lundy, AM.C.T., Regional Clerk, Region of Durham, Re: Laidlaw Waste Systems (Durham) Limited - Request for consent Under the Regional Municipality of Durham Act; Correspondence received from E.S. Cuddie, AM.C.T., C.M.C., Clerk-Administrator, Township of Scugog, Re: Goods and Services Tax (GST); Correspondence received from J.A Tedford, Community Relations Officer, and Brian Hancock, Chief Administrative Officer, Ganaraska Region Conservation Authority, Re: Ganaraska Forest Recreational Users Committee; Correspondence received from C.W. Lundy, AM.C.T., Regional Clerk, Region of Durham, Re: Subdivision Severance Policy for Lots/Lands Requiring On-Site Private Sewage Systems. . . . . Council Minutes COMMUNICATIONS 1- 1 Hampton Mill Pond 60.87.101. 1-2&1-4 Baseline Health Study 35.60.17. 1-3 AM.O. District Health Councils 35.72.2. D - 1 Bill 119 - Ontario Lottery Corp. Amendment Act 35.31.5. - 4- November 13, 1989 Resolution #C-737-89 Moved by Councillor Wotten, seconded by Councillor Hannah THAT the correspondence dated October 22, 1989, from Mr. & Mrs. Earl Luke, be received and forwarded to the Director of Public Works for response. "CARRIEDII Resolution #C-738--89 Moved by Councillor Hamre, seconded by Councillor Hooper THAT the correspondence dated October 31, 1989 from Mr. Jeff Brackett, Chairperson, Durham Nuclear Awareness and the correspondence dated October 30, 1989, from Mrs. Helen MacDonald, with respect to the need for a proper Baseline Health Study in the communities surrounding the Darlington Nuclear Generating Station be received; and THAT Mayor Hubbard and Councillor Hamre, as Chairman of the Health and Social Services Committee, meet FORTHWITH with the Hon. Elinor Caplan, Minister of Health, to request the implementation of a Baseline Health Study funded by Ontario Hydro. "CARRIED" Resolution #C-739-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT the correspondence dated October 1989, from the Association of Municipalities of Ontario, with respect to a Proposal for an Enhanced Role for District Health Councils be received and referred to Dr. Gold, Medical Officer of Health, and Mr. G .H. Cubitt, Commissioner of Social Services, Region of Durham to determine whether they are aware of any effects that this enhanced role will have on their departments. "CARRIED" Resolution #C-740-89 Moved by Councillor Hooper, seconded by Councillor Hamre THAT the correspondence dated October 18, 1989, from Andrew S. Brandt, M.P.P., Leader of the Ontario Progressive Conservative Party, with respect to Bill 119 be received and fIled. "CARRIED" . . . . Council Minutes COMMUNICATIONS Bill 119 Ontario Lottery Corp Amendment Act 35.31.5. D - 2 Residential Rent Regulation Act 35.31.21. D - 3 Ridge Pine Park Road Closure 77.44.127. - 5 - November 13, 1989 Resolution #C-741-89 Moved by Councillor Hamre, seconded by Councillor Deegan WHEREAS there appears to be much confusion as to whether Bill 119 will defer lottery funds from recreational and cultural activities to Ontario Hospitals; THEREFORE BE IT RESOLVED THAT through the Chief Administrative Officer's Office, there be an immediate review and report on the impacts of Bill 119 to Council for information and any required action. "CARRIED" Resolution #G-742-89 Moved by Councillor Deegan, seconded by Councillor Hooper THAT the correspondence dated October 30, 1989, from Chris Daffern, Manager, Ministry of Housing, with respect to the Residential Rent Regulation 1986 Act, 1986, be received for information. "CARRIED AS AMENDED" Resolution #C-743-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the foregoing Resolution #C-742-89 be amended by adding the following thereto: "THAT the Ministry of Housing be advised that the Town of Newcastle is interested in receiving any further information on this subject." r'CARRIED" Resolution #C-744-89 Moved by Councillor Hannah, seconded by Councillor Deegan THAT the correspondence dated October 23, 1989, from D.W. Rice, Ridge Pine Park Inc., with respect to a road closure between the former Townships of Clarke and Darlington be received; THAT Mr. Rice be requested to apply to the Public Works Department for the closure of the road allowance as expeditiously as possible; . . . . Council Minutes COMMUNICATIONS D - 4 AM.O. - 1990 Transfer Payments To Municipalities 35.72.2. D - 5 Christmas Tree Lighting Ceremony 35.60.8. Webster, Tree D - 6 Sewage Treatment & Disposal Facility Orono D.B.IA 35.23.7. - 6- November 13, 1989 THAT the request for a one-year extension on the removal of all buildings and structures on the subject road allowance be approved; and THAT Mr. Rice be advised of Council's decision. "CARRIED" Resolution #C-745-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the correspondence dated October 1989, from the Association of Municipalities of Ontario, with respect to 1990 Transfer Payments to Municipalities be received for information. "CARRIED" Resolution #C-746-89 Moved by Councillor Deegan, seconded by Councillor Wotten THAT the correspondence dated November 3, 1989, from George R. Chairman, Bowmanville Business Centre, with respect to the Christmas Lighting Service be received; THAT the request of the Bowmanville Business Centre to close Temperance Street from King to Church Streets on Thursday, November 30, 1989, from 6:00 p.m. to 8:00 p.rn. to accommodate the Christmas Tree Lighting Ceremony at Town Hall be approved; and THAT Mr. Webster be advised of Council's decision. "CARRIED" Resolution #C.747-89 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the correspondence dated March 9, 1989, from W.K Lycett, with respect to a Need and Feasibility Study for sewage treatment and disposal facility for Orono Downtown Business Improvement Association be received; THAT the correspondence be referred to the Public Works Department for review and report to the General Purpose and Administration Committee; and THAT Mr. Lycett be advised of Council's decision. IICARRIED" . . . . Conncll Minutes COMMUNICATIONS D - 7 Resolution Re: Land Use Planning For Housing 35.11.2. REPORTS Report #1 G.P.A Report of November 6, 1989 Item #9 O.P.A. Application J. Schwarz 60.30.331. - 7- November 13, 1989 Resolution #C-748-89 Moved by Conncillor Hamre, seconded by Conncillor Deegan THAT the correspondence dated November 2, 1989, from J.A. Brezina, City Clerk, City of Stoney Creek, with respect to Land Use Planning for Housing be received and filed. "CARRIEDII Resolution #C-749-89 Moved by Conncillor Hamre, seconded by Conncillor Deegan THAT the General Purpose and Administration Committee Report of November 6, 1989, be approved with the exception of Items #9, #10, #15, and #17. "CARRIED" Resolution #C-750-89 Moved by Councillor Hamre, seconded by Conncillor Deegan THAT Report PD-281-89 be received; THAT the Town of Newcastle recommend to the Region of Durham that the application to amend the Town of Newcastle Official Plan (Bowmanville Major Urban Area) submitted by J. Schwarz on behalf of Specialty Paper Products Limited to permit the development of a twenty-one (21) unit residential building with 2323 square metres (25,000 sq.ft.) of commercial floor space be approved; THAT the proposed Zoning By-law Amendment to the Town of Newcastle Comprehensive zoning By-law 84--63, as amended, be approved; THAT the amending by-law be passed at such time as that the Official Plan Amendment has been approved by the Region of Durham and the applicant has entered into a Site Plan Agreement with the Town; THAT a copy of Report PD-281-89 and Conncll's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-281-89 and any delegations be advised of Conncll's decisiolL "CARRIED AS AMENDED" . . . . Council Minutes REPORTS Item #10 Application For Subdivision Approval Spectraconn - Consulting Services 60.46. - 8 - November 13, 1989 Resolution #C-751-89 Moved by Councillor Hooper, seconded by Councillor Stapleton THAT the foregoing Resolution #C-750-89 be amended by adding the follo..urrg thereto: "THAT staff be instructed to prepare the appropriate zoning by-law amendment so as to prohibit the establishment of places of offensive entertainment." "CARRIED" Resolution #C-752-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report PD-282-89 be received; THAT the proposed Plan of Subdivision 18T-88022 revised and dated October 1989, as per Attachment No.1, be approved subject to the conditions contained in Report PD-282-89 and subject to a new condition #33 as follows: "33. THAT the owner acquire that portion of property so as to ensure that Glenabby Drive will be connected to Prestonvale Road"; THAT the Mayor and Clerk be authorized by by-law, to execute a Subdivision Agreement between the Owner and the Town of Newcastle at such time as the agreement has been fInalized to the satisfaction of the Director of Public Works and the Director of Planning; THAT a copy of Report PD-282-89 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-282-89 and any delegation be advised of Council's decision. "CARRIED AS AMENDED" Resolution #C-753-89 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the foregoing Resolution #C-752-89 be amended by deleting Condition #33 in its entirety. "CARRIED'! . . . . Council Minutes REPORTS Item #15 Courtice North Neighbourhood 3C 60.34.102. Item #17 Subdivision and Rezoning - Nor-Arm Developments 60.46.237. - 9- November 13, 1989 Resolution #C-754-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report PD-287-89 be tabled for a period of one year; and THAT the Region of Durham Planning Department, interested parties listed in Report PD-287-89 and those persons appearing as delegations with respect to this item be advised of Council's decision. "MOTION LOST" Resolution #C-755-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT Report PD-287-89 be received; THAT the proposed amendment to the Neighbourhood Development Plan for the Courtice North Neighbourhood as attached to Report PD-287-89 be approved; THAT the proposed amendment be forwarded to the Region of Durham P1amring Department for their information; and THAT the delegations and interested parties listed in Report PD-287-89 be so informed. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Wotten Mayor Hubbard Councillor Hooper Councillor Stapleton Resolution #C-756-89 Moved by Councillor Hamre, seconded by Councillor Deegan THAT the proposed Plan of Subdivision 18T-88071, as revised dated August 1989 as per Attachment No.1, be approved subject to the conditions contained in Report PD-261-89; . . . . Council Minutes REPORTS Item #17 Report #2 Striking Committee Report of November 6, 1989 10.12.4. UNFINISHED BUSINESS 10 - November 13, 1989 THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the applicant/owner and the Corporation of the Town of Newcastle at such time as an agreement has been fInalized to the satisfaction of the Director of Public Works and Director of Planning; THAT the amendment to By-law 84-63, attached to Report PD-261-89 be approved and that the "Holding (H)" Symbol be removed by by-law upon execution of a Subdivision Agreement; and THAT a copy of Report PD-261-89 and Council's decision be forwarded to the Region of Durham Planning Department, interested parties attached to Report PD-261-89 and all persons who appeared as delegations with respect to this item. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Harmah Councillor Wotten Mayor Hubbard Councillor Hooper Councillor Stapleton Resolution #C-757-89 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the recommendations contained in Confidential Report CD-24--89 be approved. "CARRIED" Councillor Harmah made a declaration of interest with respect to the Addendum to Report PD-270-89 and refrained from discussion and voting on the subject matter. COWlCillor Harmah indicated that he is a member of the Union Rod and Gun Club which is mentioned in the Noise By-law. . . . . Council Minutes - 11 - November 13, 1989 UNFINISHED BUSINESS BY-LAWS Resolution #C-758-89 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the Addendum to Report PD-270-89 be tabled until such time as those persons affected by the new Noise By-law, are notified that Council is considering this item. IlCARRIED" Resolution #C-759-89 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: 89-197 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Christl); 89-198 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (542985 Ontario Ltd.); 89-199 being a by-law imposing special annual drainage rates upon land in respect of which moneyh is borrowed under the Tile Drainage Act, 1971; 89-200 being a by-law to authorize the entering into an agreement with Ken-Mar Energy Inc., for the Supply of Oil and Lubricants; 89-201 being a by-law to authorize the entering into an agreement between Nor-Arm Developments Inc. and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T -88076; 89-202 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (pingle); 89-203 being a by-law to authorize the entering into an agreement with Nor-Arm Developments Inc. and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T-88071; 1989. 89-204 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Nor-Arm). "CARRIED" . . . . Council Minutes BY-LAWS OTHER BUSINESS - 12 - November 13, 1989 Resolution #C-760-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of the following by-laws be approved: 89-197; 89-198; 89-199; 89-200; 89-202. 'CARRIED" Resolution #C-761-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of the following by-laws be approved: 89-201; 89-203; 89-204. "CARRIED ON THE FOLLOWING RECORDED VOTE Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hwmah Councillor Wotten Mayor Hubbard Councillor Hooper Councillor Stapleton Resolution #C-762-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third and fmal reading of the following by-laws be approved: 89-197; 89-198; 89-199; 89-200; 89-201; 89-202; 89-203; 89-204. "CARRIED'! Resolution #C--763-89 Moved by Councillor Wotten, seconded by Councillor Deegan WHEREAS the Federal Government proposes to introduce a 9% Goods and Services Tax effective January 1, 1991; and WHEREAS the proposed Goods and Services Tax proposes undue fmancial hardship on taxpayers in particular and on municipalities in general; . . . . Council Minutes CONFIRMING BY-LAW - 13 - November 13, 1989 NOW THEREFORE BE IT RESOLVED THAT The Right Honourable Brian Mulroney, Prime Minister of Canada, be advised that the Town of Newcastle does not endorse the proposed Goods and Services Tax; AND FURTHER THAT copies of this resolution be forwarded to The Honourable David Peterson, Premier of Ontario, Sam Cureatz, M.P.P., Durham Eeast, Ross Stevenson, M.P., Durham Riding, the Region of Durham, its member Municipalities and the Association of Municipalities of Ontario. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-764-89 Moved by Councillor Hannah, seconded by Councillor Hooper THAT Plarming Staff be requested to investigate the size of houses being built on lots with widths less than 50' and prepare a subsequent report to be presented to the General Purpose and Administration Committee. "CARRIED" Councillor Hannah made a declaration of interest earlier in the meeting and refrained from voting on the ConfIrming By-law Resolution #C-765-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT leave be granted to introduce By-law 89-205, 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 November 1989, and that the said by-law be now read a fIrst time. "CARRIED!! . . . . Council Minutes BY-LAWS ADJOURNMENT - 14- November 13, 1989 Resolution #C-766-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the second reading of By-law 89-205 be approved. "CARRIED" Resolution #C-767-89 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the third reading of By-law 89-205 be approved. I1CARRIED" Resolution #C-768-89 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the meeting adjourn at 11:00 am. "CARRIED" MAYOR CLERK