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HomeMy WebLinkAbout06/14/1993 . . . Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MINUTES DELEGATIONS TOWN OF NEWCASTLE June 14, 1993 Minutes of a regular meeting of Council held on Monday, June 14, 1993, at 7:00 p.m., in the Council Chambers Councillor Hannah led the meeting in prayer. 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 9:17 p.m.) Fire Chief, M. Creighton (Until 9:17 p.m.) Director of Public Works, W. Evans Town Solicitor, D. Hefferon Treasurer, M. Marano Director of Planning and Development, F. Wu (Until 9:17 p.m.) Town Clerk, P. Barrie Resolution #C-423-93 Moved by Councillor Novak, seconded by Councillor Hannah THAT the minutes of a regular meeting of Council held on May 31, 1993, be approved. "CARRIED" Ms. Sue Larsh, Chairperson, Environment Fair, 20 Rosalynne, Cresc., Bowmanville, LIC 3X8, advised that she would be presenting her report on the Environment Fair event at the General Purpose and Administration Committee Meeting scheduled to be held on June 21, 1993. Mr. John Veldhuis, Chairperson, Port Granby-Newcastle Environment Committee, c/o R.R. #1, Newtonville, LOA lJO, distributed a synopsis of activities which the Committee undertook in 1992. He questioned whether Council wished the Committee to continue, whether the Committee's name should chaoge to correspond with the name change of the municipality and what the future holds for the Committee. . . . Council Minutes DELEGATIONS - 2- June 14, 1993 Mr. Roger Elliott, Fasken, Campbell, Godfrey, T.D. Bank Tower, Box 20, T.D. Centre, Toronto, M5K IN6, addressed Council in opposition to Item #3 of Report # 1 (Stsff Report PD-60-93). Mr. Elliott indicated that he represents the owners of the Bowmanville Mall and confll'1lled that a contract has now been executed with Met-Mart for a 30,000 square foot retail store with the possibility of an additional expansion of 10,000 square feet. He indicated that it is the intention of his client to proceed with the project in the fall of 1993. Mr. Elliott displayed photographs of a similar store located in Weiland. Resolution #C-424-93 Moved by Councillor O'Toole, seconded by Councillor Hannah THAT the delegation of Mr. Ron Hooper be divided to allow for two five- minute delegations. "CARRIED" Mr. Ron Hooper, 39 King Street West, Bowmanville, LIC lR2, addressed Council in opposition to Item #3 of Report #1 (Stsff Report PD-60-93). Mr. Hooper indicated that he has a large investment in the downtown as he owns a business and the land on which it is situated. He is concerned with the effect that the development of a mall at the west end of Bowmanville will have on the downtown business area Presently, there is greater than 25,000 square feet of retail space in the downtown core which is vacant. Mr. Hooper stated that he would be in favour of the development of the mall if the immediate population could support it. Ms. Laurie Allin, 137 Queen Street, Bowmanville, LIC IM7, addressed Council with respect to Item #3 of Report #1 (Stsff Report PD-60-93). As a merchant in the Business Improvement Area, Ms. Allen is concerned with the impact that the development of a mall in the west end of Bowmanville will have. She indicated that the mall should be phased in as the population increases and indicated that she would, in fact, welcome a mall when the population of the Town could support it. It is her opinion that upon termination of their lease, tenants in the downtown core may wish to re-Iocate to the mall, thereby leaving more vacant stores in the downtown area Mr. AI Strike, 38 King Street West, Bowmanville, LIC IN7, appeared before Council on behslf of the Bowmanville Business Area with respect to Item #3 of Report #1 (Stsff Report PD-60-93). Mr. Strike distributed a letter to Council Members which outlines the concerns of the B.I.A, namely: Comparison of shopping areas; Substantial breach of the recommended thresholds in Bowmanville west and the proliferation of smaller stores; Present vacancies in the downtown; Construction of Met-Mart in the Bowmanville Mall; and Mitigating the impact on the downtown. . . . Council Minutes DELEGATIONS RECESS COMMUNICATIONS - 3 - June 14, 1993 Ms. Cora Tonno, William Tonno Construction Ltd., 650 King Street East, Oshawa, LlH IG5, appeared before Council on behslf of her father, Mr. William Tonno, regarding property located at 1531 Nash Road, Bowmanville. She indicated that a notice has recently been received from the Property Standards Officer regarding the state of the property. They are willing to demolish the house but requested an exemption from the Development Charge Policy if a similar residential unit is constructed in future. Resolution #C-425-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:25 p.m. Resolution #G-426-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception ofItems I - 3, I - 5 and I - 9. "CARRIED" I-I Correspondence received from B.P. Vervenne, Director, Program Development Branch, Ministry of Transportation - Ontario Government Expenditure Control Plan - Impact on Municipal Roads Program; I - 2 Correspondence received from Ron C. Sudds, Superintendent of Business, The Northumberland and Newcastle Board of Education - 1993 Budget Insert; I - 4 Minutes of a meeting of the Bowmanville Museum Board held on May 19, 1993; I - 6 Correspondence received from Frances Lankin, Minister of Economic Development and Trade and Ed Philip, Minister of Municipal Affairs - jobsOntario Community Action Capital Funding Facts; I - 7 Correspondence received from Ed Philip, Minister, Ministry of Municipal Affairs - Planning Act Amendments, 1993; I - 8 News Release received from the Association of Municipalities of Ontario - Update on the Social Contract; . . . Council Minutes COMMUNICATIONS I-3 Capital Investment Plan Act M06.GE I-5 Introduction of Inspector Bruce Pugh AOO.GE. I-9 Ganaraska Region conservation Authority Minutes AOl.GA. D -1 Provincial Budget F05.GE - 4- June 14, 1993 I - 10 Correspondence received from Roxy Barnes, Administrator, Community Care - FinAnMAl Support; I - 11 Correspondence received from Elizabeth McArthur, Equity Consultant, Durham College - Training Session on Meeting the Challenge of Diversity. Resolution #C-427-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated May 28, 1993, from Ed Philip, Minister of Municipal Affairs, forwarding information regarding the Capital Investment Plan Act, 1993, be received for information. IICARRIED" Resolution #C-428-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated June 2, 1993, from Trevor McCagherty, Chief of Police, Durham Regional Police Service, advising that effective June 7, 1993, the 16 Division Headquarters in Bowmanville will be under the command of Inspector Bruce Pugh, be received for information. t1CARRIED" Resolution #C-429-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the minutes of meetings of the Ganaraska Region Conservation Authority held on April 8, 15, 28 and 29, 1993, be received for information. "CARRIED" Resolution #C-430-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated May 21, 1993 from Ed Philip, Minister of Municipal Affairs regarding the 1993-94 provincial budget, be received; and THAT the correspondence be forwarded to the Treasurer for review. "CARRIED" . . . Council Minutes COMMUNICATIONS D-2 Newcastle Hydro Municipal Audit Services F03. D - 3 Street Dance Orchard Park Drive M02.GE D - 5 Arthritis Society Request for Finaocia1 Assistance Fll.CH - 5. June 14, 1993 Resolution #C-431-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated May 21, 1993 from David Clark, Manager, SecretarylTreasurer, Newcastle Hydro-Electric Commission requesting that the municipal audit services be tendered for the period 1997 through 2001, be received; THAT the correspondence be referred to the Treasurer for appropriate action at the termination of the current contract; and THAT David Clark be advised of Council's decision. "CARRIED" Resolution #C-432-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated June 2, 1993 from Kathy Dustan requesting permission to hold a street party on Saturday, August 28, 1993, be received; THAT the request be approved, provided the organizers apply for and obtain a road occupancy permit from the Public Works Department; and THAT Kathy Dustan be advised of Council's decision. "CARRIED" Resolution #C-433-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated May 28, 1993 from Mark Courtemanche, Trent Regional Manager, The Arthritis Society requesting rmancial assistance for 1993, be received; and THAT Mark Courtemanche be advised that the Town of Newcastle has struck its 1993 budget and forwarded a copy of the Addendum to Report TR-32-93 outlining the grant request procedure for his use in 1994. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 6 Mercy Volunteers for Animals Society D - 10 Kaitlin Group to Hold Community Barbeque M02.GE D-4 Provincial Municipal Government Relations CI0.AD D -7 New 3 Rs Regulations CI0.AD - 6 - June 14, 1993 Resolution #C-434-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated May 17,1993 from Ms. N. Mason, Mercy Volunteers for Animals Society, British Columbia regarding stray animals, be received; and THAT the Mayor respond to Ms. Mason, outlining the requirements pertaining to the selling of Anim,l1. for research. "CARRIED" Correspondence Item D - 10 was received as a handout. Resolution #C-435-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated June 10, 1993, from Kelvin Whalen, The Kaitlin Group Ltd., requesting permission to hold a community barbecue on June 26 and 27, 1993, be received; THAT the request for the event be approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Kelvin Whalen be advised of Council's decision. IrCARRlED" Resolution #C-436-93 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT the correspondence dated May 17,1993, from Robert M. Prentice, Town Clerk, Town of Newmarket, regarding Provincial/Municipal Government Relations, be received and Ided. "CARRIED" Resolution #C-437-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the correspondence dated June 3, 1993, from David C. Morris, Deputy Clerk-Administrator, Town of Tillsonburg, regarding new 3 Rs Regulations - Ministry of Environment and Energy, be received for information. IlCARRIED" . . . Council Minutes COMMUNICATIONS D-8 D - 9 St. Marys Cement Application Drain West Side Creek Marsh E05.ST MOTION NOTICE OF MOTION Highway 407 - 7 - June 14, 1993 Resolution #C-43t>-93 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated May 31, 1993, from D.F. and M.N. Lomas and the correspondence dated June 2, 1993, from David Ashcroft, regarding St. Marys' Cement application to drain the west side creek marsh, Bowmanville, be received and referred to the Planning and Development Department to be included in their review of this matter. "CARRIED" Resolution #C-439-93 Moved by Councillor Hannah, seconded by Councillor O'Toole 1. THAT the previous position of Council on the proposed Highway 407, be rescinded; and 2. THAT the Council of the Town of Newcastle endorse in principle the proposed technically preferred route of Highway 407 up to and including the connecting link to be located between Bowmanville and Courtice, commonly known as the Courtice link between Highway 401 and the proposed Highway 407. "CARRIED LATER IN THE MEETING" (SEE FOLLOWING MOTION) Resolution #C-440-93 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the foregoing Resolution #C-439-93 be divided to allow for consideration of paragraph 1 and 2 separately. lICARRIEDtI Paragraph 1 of Resolution #C-439-93 was then put to a vote and and CARRIED. Paragraph 2 of Resolution #C-439-93 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: . . . Council Minutes NOTICE OF MOTION REPORTS Report #1 G.P.A Report June 7, 1993 Item #3 Bowmanville Main Central Area Study Phase II D18.BO - 8- June 14, 1993 Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hannah Councillor Hooper Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre Resolution #C-441-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of June 7, 1993, be approved with the exception ofItem #3. "CARRIED" Resolution #C-442-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-60-93 be lifted from the table; THAT Report PD-60-93 be received; THAT the 'Phase 2: Development Options' Report prepared by Berridge Lewinberg Greenberg Ltd., for the Main Central Area study be received; THAT the following principles for the future development of the Bowmanville Main Central Area be endorsed; i) Recognition of Bowmanville and its Main Central Area as a Regional Centre; ii) Phasing of new retail development in the West Main Central Area hased on population growth; ill) Development of a grid and block system for structuring the West Main Central Area; THAT, notwithstanding the above, the following levels of commercial floor space be permitted within development applications upon completion and approval of the Secondary Plan and Urban Design Plan for the West Main Central Area: i) A maximum of 200,000 square feet of gross leasable floor area on lands subject to application by Markborough Properties Inc., and West Bowmanville Developments Ltd.; . . . Council Minutes REPORTS - 9- June 14, 1993 ii) A maximum of 40,000 square feet of gross leasable floor area on lands subject to application by Willsonia Industries Ltd.; ill) A maximum of 2,500 square feet of gross leasable floor area for a restaurant by McDonald's Restaurants of Canada Ltd on the lands owned by Ghod's Builders Inc.; THAT Scenario 3 - Highway 2 O......-rcial be endorsed as the preferred development option for the West Main Central Area with the following exceptions: i) THAT the residential component for the lands subject to applications by Markborough Properties Inc./West Bowmanville Developments Ltd., and Willsonia Industries Ltd., be designated retail commercial with optional residential or mixed-uses; m THAT the proposal by Markborough Properties Inc. and West Bowmanville Developments Ltd, be permitted to proceed in a plaza format subject to: the inclusion of a minimum of 25,000 square feet of gross leasable floor area being located adjacent to the frontage of Highway 2 in Block 12; internal main north/south and east/west access routes be designed with a minimum width of 20m; and approval of all entranceways and road intersections by the appropriate road authorities; THAT, in order to mitigate the impact of the development of the West Main Central Area on the existing downtown, prior to passing a rezoning by-law for Applications DEV 88-99 and DEV 88-54 and as a condition of site plan approval, Markborough Properties Inc./West Bowmanville Developments Ltd., and Willsonia Industries Ltd., be required to: i) Fund a marketing and renewal study for the Bowmanville Business Improvement Area to a maximum of $50,000; ii) Provide a one-time contribution to the Town of Newcastle of $250,000 due prior to the issuance of building permits, to asaist in the implementation of the CAUSE recommendations regarding physical improvements to the downtown, including but not limited to, providing additional off-street parking and streetscape improvements; ill) Provide an annual contribution of $10,000 for a period of 10 years, adjusted to inflation on the basis of the C.P .r., beginning in the f"ll'st year of operation to the Bowmanville Business Improvement Area, to be used for the purposes of marketing and promotion; iv) Co-ordinate marketing efforts and special events with the Bowmanville Business Improvement Area to cross support both business areas. . . . Council Minutes REPORTS - 10- June 14, 1993 All funds required are to be apportioned to the above parties on the basis of gross leasable floor area; THAT site plan application DEV 90-78 submitted by Markborough Properties Inc. and West Bowmanville Developments Ltd., be held in abeyance until such time as the completion of the Bowmanville Main Central Area Study including the adoption of a Secondary Plan and Urban Design Plan for the area; THAT the Town solicitor be authorized to represent the Town at the upcoming Ontario Municipal Board hearing subject to aIllega1 and professional consulting costs being borne by Markborough Properties Inc. and West Bowmanville Developmenta Ltd.; and THAT the Durham Region Planning Department, all interested parties listed in Report PD-60-93 and any delegation be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-443-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the foregoing Resolution #C-442-93 be amended in Section ill) of the rJfth paragraph by deleting the figore "2,500" and replacing it with the ligore "2,900." "CARRIEDII The foregoing Resolution #C-442-93 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hannah Councillor Hooper Councillor Novak Mayor Hamre Councillor O'Toole Councillor Scott . . . Council Minutes - 11- June 14, 1993 UNFINISHED BUSINESS BY-LAWS Resolution #C-444-93 Moved by Councillor Scott, seconded by Councillor O'Toole THAT the delegation of Mr. John Veldhuis be acknowledged; THAT his comments be referred to stsff for preparation of a report regarding the ongoing mandate of the Port Granby-Newcastle Environment Committee; and THAT Mr. Veldhuis be advised of Council's decision and that the Committee's name should be changed to correspond with the name of the municipality after July 1, 1993. "CARRIED" Resolution #C-445-93 Moved by Councillor Novak, seconded by Councillor Hannah THAT the delegation of Cora Tonno be acknowledged; THAT an exemption from the Development Charge Policy be granted to William Tonno Construction Ltd., , for the construction of one new dwelling unit located at 1531 Nash Road; THAT the demolition of the building presently located on the site, be undertaken FORTHWITH; and THAT Cora Tonno be advised of Council's decision. "CARRIED" Resolution #C-44t>-93 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 f"ll'st and second time: 93-83 being a by-law to adopt Amendment Number 53 to the Official Plan of the Town of Newcastle (R.H. Gay Holdings); 93-84 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Eiram Development Corporation); 93-85 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Kiogsberry Properties) ; . . . Council Minutes BY-LAWS OTHER BUSINESS - 12- June 14, 1993 93-86 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Simkins Homes); 93-87 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Jack Matthews); 93-88 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcast1e (Dr. Karen McPherson); 93-89 being a by-law to amend By-law 78-50, as amended, to correct a typographical error; 93-90 being a by-law to amend By-law 93-42, a by-law to authorize the issuance of a purchase order to R.P. Oil Limited in respect to the Supply of Oils and Lubricants Products for the Town of Newcastle; 93-91 being a by-law to authorize the entering into of an Amending Agreement with Nor-Arm Developments Inc. and Pinetree Development Co. Limited being the owner of Plan of Subdivision 18T-88071 and the Corporation of the Town of Newcastle in respect of Plan 18T-88071 (10M-838); 93-92 being a by-law to authorize the entering into of an Amending Agreement with Nor-Arm Developments Inc. and Pinetree Development Co. Limited, being the owner of Plan of Subdivision 18T-88076 (lOM-837) and the Corporation of the Town of Newcastle in respect of Plan 18T-88076 (10M-837); 93-93 being a by-law to authorize the entering into of an Amending Agreement with Sandbury Building (Courtice) Corporation being the owner of Plan of Subdivision 1ST -89080 and the Corporation of the Town of Newcastle in respect of Plan 18T-89080 (lOM-839). nCARRIED" Resolution #C-447-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and final reading of By-laws 93-83 to 93-93 inclusive, be approved. nCARRIED" Councillor Hooper advised Members of Council that 5,000 "Municipality of Clarington" buttons have been ordered. The buttons will be available before July 1 and 100 of them will be given to each Member of Council for their own distribution. . . . Council Minutes - 13- June 14, 1993 Resolution #C-448-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council move into Committee of the Whole. t'CARRIED" Resolution #C-449-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting be "In Camera" "CARRIED" Resolution #C-450-93 Moved by Councillor Dreslinski, seconded by Councillor Hooper THAT the actions taken "In Camera" be approved. IICARRIED" Resolution #C-451-93 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 93-94, being a by-law to authorize a contract between The Ontario Construction Company Limited and the Town of Newcastle in respect to the Reconstruction of Lakeshore Road and Shoreline Erosion Program, and that the said by-law be now read a fIrst and second time. nCARRIEDIt Resolution #C-452-93 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and rmal reading of By-law 93-94 be approved. CONFIRMING BY-LAW "CARRIED" Resolution #C-453-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce By-law 93-95, being a by-law to confll'm the proceedings of the Council of the Town of Newcastle at this meeting held on the 14th day of June 1993, and that the said by-law be now read a fIrst and second time. "CARRIED" . . . Council Minutes ADJOURNMENT - 14- June 14, 1993 Resolution #C-454-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and rmal reading of By-law 93-95 be approved. "CARRIEDt' Resolution #C-455-93 Moved by Councillor Hooper, seconded by Councillor Scott THAT the meeting adjourn at 9:40 p.m. nCARRIED" ~#~~#~ MAYOR ( ,