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HomeMy WebLinkAbout10/11/1988 . . . . ~. council Minutes ROLL CALL MINUTES DELEGATIONS TOWN OF NEWCASTLE October 11, 1988 Minutes of a regular meeting of council held on TUesday, October 11, 1988, at 6:00 p.m., in court Room #2 present Were: Mayor J. Winters Councillor A. Cowman councillor D. Hamre councillor M. Hubbard councillor H. MCKnight councillor F. stapleton councillor A. Wotten Also present: Chief Administrative Officer, L. Kotseff Treasurer, J. Blanchard Director of public Works, W. Evans Director of planning, F. Wu (until 7:00 p.m.) Director of Community Services, J. Caruana (Until 7:00 p.m.) Fire Chief, J. Aldridge (until 7:00 p.m.) Manager of Operations, D. Patterson Acting Clerk, P. Barrie Councillor stapleton led the meeting in prayer. Resolution #C-720-88 Moved by Councillor Wotten, seconded by COuncillor Stapleton THAT the Minutes of a regular meeting of Council held on september 26, 1988, be approved as corrected. "CARRIED" Resolution tC-721-88 Moved by councillor Cowman, seconded by councillor stapleton THAT Mr. George Pollitt be added to the list of delegations. "CARRIED" Mr. R. cummings, Miller paving, appeared before Council on behalf of Mr. H. Main. Mr. Cummings informed Council that Miller paving is attempting to close a deal on the subject parcel of land and he requested that Report PD-193-88 be tabled until the ownership of the land has been decided. Mr. Keith Phillips, R.R. #2, BOwmanville, LIC 3K3, appeared before Council on behalf of the residents in the immediate area of the lands proposed to be rezoned by Miller paving. He stated that the residents fully support and endorse the findings of the Planning Department's staff Report and the ,recommendation that the Rezoning APplication be denied. . . . . Council Minutes DELEGATIONS Report #1 Rezoning & Site plan - Miller Paving Limited DELEGATIONS - 2 - October 11, 1988 Eesolut~on #~-722-88 Moved by COuncillor Hubbard, seconded by Councillor Cowman THAT the Agenda be altered to consider Item #2 of Report #1 at this time. "CARRIED" Re&O~ution iC-723-&8 Moved by Councillor McKnight, seconded by Councillor Hamre THAT Report PD-193-88 be received; and THAT the application submitted by Miller Paving Limited to rezone a 2.08 hectare parcel of land to permit a hot mix asphalt plant be DENIED WITHOUT PREJUDICE; and THAT the applicant be so advised. "CARRIED" Recorded vote Yea Nay COuncillor Cowman Councillor Hamre Councillor Hubbard Councillor MCKnight Councillor stapleton Councillor Wotten Mayor Winters Mr. George Pollitt, Pollitt, MacGregor & Walters, appeared before Council on behalf of G.D.S. in respect of By-law 88-155, being a by-law to authorize the entering into of a contract agreement between the Corporation of the Town of Newcastle and Browning-Ferris Industries. Mr. pollitt indicated that a five-year term for the contract agreement is too long and it does not allow for the best competitive rates over the next five years. He asked that this decision be deferred to the next Council, that the tendering process be considered, and that the final agreement entered into be for a short term. Resolution #C-724-88 Moved by Councillor COwman, seconded by Councillor McKnight THAT a delegation from Laidlaw Waste Management Systems be heard. " LOST" . . . . Council Minutes COMMUNICATIONS I - 9 M.T.C. Educational Programs For Municipal Employees 10.10.3. - 3 - October 11, 1988 Resolution #C~724-a8 Cont'd Recorded Vote Yea Nay Councillor Cowman Councillor MCKnight Mayor Winters Councillor Hamre Councillor Hubbard Councillor Stapleton Councillor Wotten Resolption,#C-725-88 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the communications to be received for information be approved except for I - 9 and I - 10. "CARRIED" I-I News Release received from Jim Stanton, Director, Government Liaison, Canada Post Corporation, Re: Canada Post Customers Satisfied with Service Offered Through Local Business in Rural Canada; I - 2 News Release received from Jim Stanton, Director, Government Liaison, Canada Post Corporation, Re: New Lock Box Policy; I - 3 Minutes of a meeting of the Central Lake Ontario Conservation Authority, held on september 20, 1988; I - 4 Correspondence received from the COmmissioner of Works, Metropolitan Works Department, Re: Interim Landfill Site; I - 5 Minutes of a meeting of the Clarke Township Museum & Archives, held on September 12, 1988; I - 6 Correspondence received from Andrew S. Durocher, Director, Applications Telecommunications, Canadian Radio-Television and Telecommunications Commission, Re: CRTC Telecom Public Notice 1987-47 - Bell Canada Revised Criteria For Extended Area Service; I - 7 correspondence received from Benoit Bouchard, Minister of Transport, Re: Toronto Area Rail Transportation of Dangerous Goods Task Force; I - 8 COrrespondence received from the Commissioner of Works Metropolitan Works Department, Re: Contingency plans For Waste Disposal. Resolution iC-726-88 Moved by Councillor Stapleton, seconded by Councillor Hubbard THAT Correspondence I - 9 be received and referred to the Public Works Department. "CARRIED" . . . . , Council Minutes COMMUNICATIONS I - 10 Port Granby Waste Disposal Facility 60.2.100. D - 1 - 4 - October 11, 1988 Reso~ution.iC-727-88 Moved by Councillor stapleton, seconded by Councillor Hubbard THAT Correspondence I - 10, from The Honourable Jim Bradley, Minister of the Environment, dated september 28, 1988, regarding the port Granby Waste Disposal Facility operated by Eldorado Nuclear Limited, be received; and THAT Communication I - 10 be referred to the Port Granby Monitoring Committee. "CARRIED" Resolu~ion #C-728-88 Solid Waste Moved by Councillor Hamre, seconded by COuncillor Hubbard Management - Durham Region Procurement THAT correspondence D - 1 be received for information. policy for Recycled Paper "CARRIED" 68.21.5. D - 2 Resolu~ion iC-729-88 Moved by Councillor Hubbard, seconded by Councillor Hamre THAT correspondence D - 2 dated september 19, 1988, from D. Crombie, Metropolitan TOronto Clerk, regarding the selection of a site for Interim Landfill be received for information; and WHEREAS the Council of the Municipality of Metropolitan Toronto has resolved that the Minister of the Environment be requested to direct the TOwn of Newcastle to return to use of the Hale Site for its waste disposal; and WHEREAS the Regional Municipality of Durham has the exclusive legal responsibility and authority to provide facilities for the purpose of receiving, dumping, and disposing of waste in accordance with Section 144(2) of the Regional Municipality of Durham Act; and WHEREAS the Regional Municipality of Durham has made prOV1S1on for its area municipalities including the Town of Newcastle to dispose of refuse at the brock West Site in the Town of Pickering in accordance with its agreement with the Municipality of Metropolitan Toronto; and WHEREAS the Ratepayers of the Town of Newcastle cannot be denied any advantages to be gained through the disposal of refuse at the Brock West Site in the Town of Pickering and as a result be discriminated against; 'Council Minutes - 5 - October 11, 1988 . COMMUNICATIONS Resolution #G-72~-88 Cont'd NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE: 1. THAT the Town of Newcastle continue to dispose of its refuse at the Brock West Site in the Town of Pickering in accordance with the arrangements provided for by the Regional Municipality of Durham; 2. THAT the Minister of the Environment and the Councils of the Regional Municipality of Durham and the Municipality of Metropolitan Toronto be so advised; and 3. THAT the Minister of the Environment be requested to refuse Metropolitan Toronto's request that the Town of Newcastle be directed to return to the use of the Hale Site for its waste disposal. . "~~ Recorded V9te Yea Nay COuncillor Cowman Councillor Hamre COuncillor Hubbard Councillor MCKnight Councillor Stapleton Councillor Wotten Mayor Winters Resolution #C-730-88 Moved by Councillor Hamre, seconded by Councillor Hubbard . WHEREAS it has been determined through previous investigations that Sites N2, N3, and N4 defined by Metropolitan Toronto in the TOwn of Newcastle are not suitable for landfill purposes due to various impacts identified by consultants on behalf of Metropolitan Toronto; and WHEREAS site Nl defined by Metropolitan Toronto in the Town of Newcastle is not suitable for landfill purposes due to areas of concern related to transportation, land use incompatibility and impact of land sterilization; and WHEREAS the Council of the Municipality of Metropolitan Toronto has authorized its Commissioner of Works to continue investigations of Site Nl in the Town of Necastle as an interim and potential long term landfill site and has committed funding of $1,400,000 related to investigations in this regard; . . . . . 'Council Minutes COMMUNICATIONS D - 3 B.G. Schickedanz Request for Temporary Use Of Sales Office - Orono 60.35.99. D - 4 Canadian Parents for French 35.31.5. - 6 - October 11, 1988 ~esol~tion #C-730-88 Cont'd NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE: 1. THAT the Council of the Town of Newcastle confirms its previous position that it strongly opposes the consideration and use of any of these sites within the Town of Newcastle for the purpose of a Metropolitan Toronto Landfill Facility; and 2. THAT the Minister of the Environment and the Councils of the Regional Municipality of Durham and the Municipality of Metropolitan Toronto be so advised. "CARRIED" Recorded vote Yea Nay Councillor Cowman Councillor Hamre Councillor Hubbard Councillor MCKnight Councillor Stapleton Councillor Wotten Mayor Winters Resolution #C-731-88 Moved by Councillor Hubbard, seconded by Councillor stapleton THAT the communication dated September 27, 1988, from Mr. L. Sookraj, General Manager, B.G. Schickedanz Investments Limited requesting an amendment to the Zoning By-law to allow for a temporary sales office be received; THAT the communication be referred to the Director of planning and Development for a subsequent report to be forwarded to the General Purpose and Administration COmmittee; and THAT Mr. L. Sookraj be so advised. "CARRIED" Resolution #C-732-88 Moved by Councillor Hamre, seconded by Councillor Hubbard THAT Correspondence D - 4 be received and filed. "CARRIED" . . . . < Council Minutes COMMUNICATIONS D - 5 century 21 Re: Grand Opening 10.2.ll. D - 6 Impaired Drivers 10.2.99. D - 7 Occupy an Existing Dwelling During Construction of a New Residence on Same property 60.52.148. - 7 - October 11, 1988 Resolution #C-733-88 Moved by Councillor MCKnight, seconded by Councillor Hubbard THAT the communication dated September 22, 1988, from Ms. M. Clair Burrows, Century 21, Beck Limited, requesting that COuncil authorize the holding of a grand opening of their new office at which a tent will be erected and food and beverages served be received; THAT the Clerk be authorized to forward a letter to the Liquor Licencing Board of Ontario, advising that Council has no objection to the issuing of a Special Occasion permit; and THAT Ms. M. Clair Burrows be so advised. "CARRIED" Resolution #C-734-88 Moved by Councillor Stapleton, seconded by Councillor Hamre THAT Correspondence D - 6 be received for information. "CARRIED AS AMENDED" Resolution #C-735-88 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT the foregoing Resolution #C-734-88 be amended by adding the following thereto: "AND FURTHER THAT a copy of this correspondence be forwarded to Allan Lawrence, M.P., and Sam Cureatz, M.P.P." "CARRIED" Resolution #C-736-88 Moved by COuncillor Wotten, seconded by Councillor Cowman THAT the communication dated September 30, 1988, from Mrs. Janet Mayer, R.R. #1, Bowmanville, requesting a 6 to 10 month extension to the agreement to occupy an existing dwelling during the construction of a new residence on the same property be received; THAT the request of Mrs. Janet Mayer be approved; and THAT Mrs. Janet Mayer be so advised. "CARRIED" . . . . 'Council Minutes REPORTS Report #1 G.P.A. Report of October 3, 1988 Item 112 Site plan & Rezoning - Miller paving Item #11 Appeal - Land Division Committee Kingsberry 60.84.8. Item #14 - 8 - October 11, 1988 Resolution #C-737-88 Moved by Councillor Hubbard, seconded by Councillor Hamre THAT the General Purpose and Administration Committee Report of October 3, 1988, be approved except for Items #2, #11 and #14. "CARRIED" Item #2 of Report #1 was considered earlier in the meeting (See Page 2). Resolution #C-738-88 Moved by Councillor Hubbard, seconded by COuncillor Hamre THAT Report PD-207-88 be received; and THAT the Town withdraw the appeal of Decisions of the Durham Land Division COmmittee with respect to Application LD 549/88 to LD 553/88 since the Levies have recently been received from the developer. "CARRIED" Mayor Winters made a declaration of interest with respect to Item #14; vacated his chair and refrained from discussion and voting on the subject matter. Mayor Winters indicated that he is the owner of Mini Stor-All, which leases space to the Municipality. Deputy Mayor COwman assumed the Chair for this portion of the meeting. Resolution #C-739-88 Cash Activity Report Moved by Councillor Hubbard, seconded by Councillor Hamre August 1988 part B 10.57.9. THAT Report TR-76-88 be received; and THAT in accordance with provision of Chapter 302, Section 81(1) of the Municipal Act, R.S.O. 1980, the Treasurer repcrts to Committee that the cash position of the Town of Newcastle for the month ended August 31, 1988 is as shown on the schedule attached to Report TR-76-88; and THAT Part B of the expenditures for the month of August 1988 be confi rmed . "CARRIED" Mayor Winters assumed the Chair. . . . . Council Minutes REPORTS UNFINISHED BUSINESS BY-LAWS - 9 - October 11, 1988 Resolution tC-740-88 Moved by Councillor Cowman, seconded by Councillor Stapleton THAT Report #2 be referred to the end of the Agenda to be considered "In Camera." "CARRIED" Resolution #C-741-88 Moved by Councillor Hubbard, seconded by Councillor Stapleton THAT the delegations be acknowledged and they be advised of Council's decision. "CARRIED" Resolution #~-742-88 Moved by Councillor MCKnight, seconded by Councillor Stapleton THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first time: 88-151 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Quadrillium); 88-152 being a by-law to authorize the entering into of an agreement with Quadrillium Corporation Limited and the Corporation of the Town of Newcastle; 88-153 being a by-law to amend By-law 79-67, a by-law to establish a Board of Management to Operate a Museum on its behalf (Bowmanville Museum); 88-154 being a by-law to amend By-law 79-68, a by-law to establish a Board of Management to operate a Museum on its behalf (Clarke Museum); "CARRIED" Resolution #C-743-88 Moved by Councillor MCKnight, seconded by Councillor Stapleton THAT the second reading of the following by-laws be approved: 88-151; 88-152; 88-153; 88-154. "CARRIED" . . . . 'Council Minutes BY-LAWS OTHER BUSINESS parking - Registry Office - Liberty Street North Subdivisions In The vicinity of Concession and Liberty Streets Bowmanville Recreation Complex - 10 - October 11, 1988 Resol~tion #C-744-88 Moved by Councillor MCKnight, seconded by COuncillor stapleton THAT the third and final reading of the following by-laws be approved: 88-151; 88-152; 88-153; 88-154. "CARRIED" Resolutiqn iC-745-88 Moved by Councillor Hubbard, seconded by Councillor Hamre WHEREAS complaints have been received that people using the Registry Office on Liberty Street have, on several occasions, blocked the entrance to the Forestree Apartments; NOW THEREFORE BE IT RESOLVED THAT the Director of Public Works be instructed to investigate the issue of parking in the vicinity of the Registry Office and report his findings to the General purpose and Administration Committee. "CARRIED" Resolution iC-746-88 Moved by Councillor Hubbard, seconded by COuncillor Hamre WHEREAS the development of subdivisions in the vicinity of Concession Street and Liberty Street has resulted in an increase in the amount of traffic using the intersection of Concession Street and Liberty Street; and WHEREAS several complaints have been received about traffic congestion at the intersection of Concession Street and Liberty Street; NOW THEREFORE BE IT RESOLVED THAT the Director of Public Works be directed to review the need for traffic signals at the intersection of COncession Street and Liberty Street and report his findings to the General purpose and Administration Committee. "CARRIED" Resolution #C-747-88 Moved by COuncillor Hubbard, seconded by Councillor Hamre WHEREAS it is deemed desirable by Council to enhance certain aspects of the Bowmanville Recreation Complex; NOW THEREFORE BE IT RESOLVED THAT additional funds not to exceed $55,000.00 be approved in order to perform the necessary works, and that the appropriate expenses be charged to the Arena Reserve Fund. "CARRIED" . . . . Council Minutes OTHER BUSINESS Congestion - King Street, Bowmanville - II - October 11, 1988 Resolution #C-747-88 Gont'd Recorded vote Yea Nay Councillor Cowman Councillor Hamre Councillor Hubbard Councillor MCKnight Councillor Stapleton Councillor Wotten Mayor Winters Resolution iC-748-88 Moved by COuncillor Stapleton, seconded by Councillor Hamre THAT the Director of public Works be directed to investigate the traffic congestion on King street, Bowmanville, and report his findings to the General Purpose and Administration Committee. "CARRIED" Resolution #C-749-88 Moved by Councillor Hubbard, seconded by Councillor Stapleton THAT Council move into Committee of the Whole. "CARRIED" Resolution iC-750-88 Moved by Councillor Hubbard, seconded by Councillor stapleton THAT the meeting be "In Camera." "CARRIED" Resolution #C-751-88 Moved by Councillor Hamre, seconded by Councillor stapleton 1. THAT Report WD-63-88 be received "In Camera"; and 2. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the COrporation Seal, a Contract Agreement between Browning-Ferris Industries and the Corporation of the Town of Newcastle, for the collection of "Household Refuse and Household Trash" within the defined limits of the Town of Newcastle and in accordance with Schedules A and B attached to Report WD-63-88; and 3. THAT the necessary by-laws to implement Recommendation No. 2 be passed by Council; and . . . . 'Council Minutes - 12 - October 11, 1988 Reso)ution #C-751-&8 Cont'd 4. THAT in accordance with section 64 of the Ontario Municipal Board Act, authorization be obtained from the Ontario Municipal Board prior to the execution of the Contract Agreement betwee!n the Corporation of the Town of Newcastle and Browning-Ferris Industries in accordance with the General Conditions and Specifications contained in Schedule A and B respectively, attached to Report WD-63-88; and 5. THAT in the event that ontario Municipal Board approval is not received prior to December 31st 1988, or that for any other reasons that execution of the COntract Agreement is delayed, then the Director of Public Works be empowered to negotiate an extension to the existing contracts, No. T-85-20 and No. T-87-14 on a month by month basis with Browning-Ferris Industries while awaiting satisfactory results to the aforementioned delays; and 6. THAT the current budgets for the specified years provide sufficient funds for said service. "CARRIED" Resolution #C-752-88 . Moved by Councillor Hamre, seconded by Councillor Wotten THAT the meeting be open. "CARRIED" Resolution #C-753-8~ Moved by Councillor Hamre, seconded by Councillor Wotten THAT the Committee rise. "CARRIED" Resolution #C-754-88 Moved by Councillor Hamre, seconded by Councillor stapleton THAT the actions taken "In camera" be approved. "CARRIED" Recorded vote Yea Nay Councillor Hamre Councillor Hubbard Councillor MCKnight Councillor Stapleton Councillor Wotten Mayor Winters Councillor Cowman . . - . , -- Council Minutes BY-LAWS - 13 - October 11, 1988 Resolution #C-755~8~ Moved by Councillor MCKnight, seconded by Councillor stapleton THAT leave be granted to introduce By-law 88-155, being a by-law to authorize the entering into of a contract agreement between the Corporation of the Town of Newcastle and Browning-Ferris Industries, and that the said By-law be now read a first time. "CARRIED" Resolution iC-7~6-88 Moved by COuncillor MCKnight, seconded by Councillor Stapleton THAT the second reading of By-law 88-155 be approved. "CARRIED" Recorded vote Yea Nay Councillor Hamre Councillor Hubbard Councillor MCKnight Councillor Stapleton Councillor Wotten Mayor Winters Councillor Cowman Resolution #C-757-8S: Moved by Councillor McKnight, seconded by Councillor Stapleton THAT the third and final reading of By-law 88-155 be approved. "CARRIED" Resolution #C-758-88 Moved by COuncillor MCKnight, seconded by Councillor Stapleton THAT leave be granted to introduce By-law 88-156, being a by-law to confirm the proceedings of the Council of the Town of Newcastle, at this meeting held on the 11th day of October 1988, and that the said by-law be now read a first time. "CARRIED" Resolution #C-759-88 Moved by Councillor MCKnight, seconded by Councillor stapleton THAT the second reading of By-law 88-156 be approved. "CARRIED" . . ~ . . Council Minutes ADJOURNMENT - 14 - Resolution #C-760-88 October 11, 1988 Moved by Councillor MCKnight, seconded by Councillor Stapleton THAT the third and final reading of By-law 88-156 be approved. Resolution #C-761-88 I'CARRIED" Moved by Councillor Hubbard, seconded by COuncillor COwman THAT the meeting adjourn at 8:18 p.m. "CARRIEDn MAYOR ~ - A,<',LL .hfjl;$ CTING CLERK I /