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HomeMy WebLinkAbout11/18/1991 . . . THE TOWN OF NEWCASTLE General Purpose and Administration Committee ROLL CALL Present Were: Also Present: MINUTES PUBLIC MEETINGS November 18, 1991 Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, November 18, 1991 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 Acting Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Fire Chief, M. Creighton Director of Public Works, W. Evans Town Solicitor, D. Hefferon Deputy Treasurer, J. Rzeszut Deputy Clerk, M. Knight Councillor Hamre chaired this portion of the meeting. Resolution #GPA-664-91 Moved by Councillor Wotten, seconded by Councillor Hannah THAT the minutes of a regular meeting of the General Purpose and Arlm;n;Rtration Committee held on October 7, 1991 be approved "CARRIEDII As required under the new Planning Act [Section 34(12)], Council is holding a public meeting prior to either adopting or rejecting the following: (a) Proposed Zoning By-law Amendment - Part Lot 28, Concession 1, former Village of Newcastle - Bramalea Limited; (b) Proposed Zoning By-law Amendment - Part Lot 24, Broken Front Concession "B", former Township of Clarke - Jack Matthews; and ')n 1 L./ . G.P.& A. Minutes . PUBLIC MEETINGS . . - 2 - November 18, 1991 (c) Proposed Zoning By-law Amendment - Part Lot 14, Concession 1, former Town of Bowmanville - Timber Bay Properties Inc. Before proceeding with these matters, the Chairman asked the Deputy Clerk to advise on the manner of notice. The Deputy Clerk advised that: (a) Public notices were mailed to all property owners within 120 metres by October 18, 1991; (b) Notices of the public meetings were posted on each of the sites by October 18, 1991; and (c) The notices comply with the regulations under the Planning Act. The Chairman announced that any persons wishing further notice of the passage of the by-law, if passed, to leave their name, address and telephone number with the Deputy Clerk before they leave. The Chairman called on the Director of plHnn;ng and Development to briefly describe the purpose and effect of the by-laws and how the by-laws accomplish the stated purposes. The purpose and effect of the by-laws are as follows: (a) Bramalea Limited - to permit the development by plan of subdivision of (25) single family dwelling units, (5) blocks for public open space and (2) blocks for private open space; (b) Jack Matthews - to facilitate the creation of one (1) additional non-farm rural residential lot; and (c) Timber Bay Properties Inc. - to permit the development of 117 Townhouse units by plan of subdivision. The Chairman announced that questions may be asked concerning the manner of notice or the purpose and effect of the by-laws and that all questions must be asked through the Chair. The Chairman announced that Committee would hear from the objectors, then anyone in support, with the applicant speaking last. 2(>) J,,-- G.P.& A. Minutes . PUBLIC MEETINGS . . - 3 - November 18, 1991 (a) Bramalea Limited - Report PD-248-91 Gordon Carveth, 612 Mill Street South, R.R.#8, Newmstle, LIB lLO, reiterated his concerns which were articulated at the General Purpose and ArlminiRtration Committee Meeting of July 8, 1991. He advised that he does not object to the erection of 25 houses as long as the existing road conflguration remains the same. He is strongly opposed to a four- lane highway. Noone spoke in support of this application. Maureen McCawley, VICe-President, Bra.....,- Limited, 1867 Yonge Street, Toronto. M4S lY5, advised that Bramalea owns two parcels of land in this area; 250 acres to the south and 30 acres which represents the development of this site. Thirteen percent of this parcel will be residential and the balance will be open space. A traffIC study has been undertaken by R. V. Anderson and Stage 1 of this report refers to two alternative road patterns: one four-lane highway or two two-lane highways. (b) Jack Matthews - Report PD-249-91 Noone spoke in opposition to or in support of this application. Irwin HAmat..... Barrister & Snlicitor, P.O. Box 39, 1 Division Street, Bowmanville, LIC 3K8, appeared on behalf of the applicant to answer questions from the Committee. (c) Timber Bay Properties Inc. - Report PD-250-91 George VICe, 34 Martin Road South, R.R.#6, Bowmanville, LIC 3K7, advised that he has been a 37-year resident of this area and has never experienced a problem with his well He noted that if the grading is altered this could create pollution of surrounding wells. He suggested that fencing be installed in order to protect his land from people operating snowmobiles and dirt bikes. He expressed disapproval of the "dust bowl" created by the construction in the summertime. Noone spoke in support of this application. Bob Annaert, D.G. Biddle & J\"""";Ates, 96 King Street East, Osbawa, LlH 1B6, advised that preliminary grading and engineering plans are being prepared. He noted concurrence with the recommendations contained in Report PD-250-91. 1ft.: - j ,) G.P.& A. Minutes . DELEGATIONS . . - 4- November 18, 1991 (a) JOIIIIIIe Kay, 10 Kingswood Dr., Courtire, LIE IG3, advised that, pursuant to her written request of June 28, 1990 that a tree be planted on her property, she has made several verbal requests to various members of Staff of the Town of Newcastle and, to date, no tree has been planted. (b) Reg Webster, G.M. Bernas & .,A"".".;gt-es Ltd, 110 Scotia Crt., Unit 41, Whitby, LlN 8Y7, circulated a letter dated November 13, 1991 on behalf of a Committee representing approximately 28 developers, the Urban Development Institute (UD!) and Durham Home Builders Association (DHBA). The letter recommends some 35 suggested revisions to the Town of Newcastle subdivision agreement. Mr. Webster requested that Staff review the proposal, meet with the Committee on this matter and that a subsequent report be submitted to Council in January, 1992. Resolution #GPA-665-91 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the Committee recess for ten minutes. IlCARRIED" PLANNING AND DEVELOPMENT The meeting reconvened at 10:40 am. Rezoning Application Bramalea Limited Dl4.DEV.91.041 Resolution #GPA-666-91 Moved by Councillor Wotten, seconded by Councillor Deegan THAT Report PD-248-91 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Bramalea Ltd., be referred back to Staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; and THAT the interested parties listed in Report PD-248-91 and any delegation be advised of Council's decision. ltCARRIEDI! 204 G.P.& A. Minutes . PLANNING AND DEVELOPMENT CONT'D. . . Rezoning Application Jack Matthews D14.DEV.91.049 Rezoning Application Timber Bay Properties Inc. D14.DEV.91.046 D12.1ST.91013 Town of Newcastle Commercial Hierarchy Study DOS.20S0.BO By-law Enforcement Monthly Report October 1991 P01.316.GE - 5 - November IS, 1991 Resolution #GPA-667-91 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT Report PD-249-91 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning Bylaw 84-63, as amended, submitted by Irwin Hamilton on behslf of Jack Matthews be referred hack to Staff for further processing pending the receipt of all outstanding comments; and THAT the interested parties listed in Report PD-249-91 and any delegation be advised of Council's decision. ItCARRIED" Resolution #GPA-666-91 Moved by Councillor fI HnnH h, seconded by Councillor Deegan THAT Report PD-250-91 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63, as amended, submitted by D.G. Biddle & Associates on behslf of Timber Bay Properties Inc. be referred hack to Staff for further processing pending the receipt of all outstanding comments; and THAT the interested parties listed in Report PD-250-91 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-669-91 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT Report PD-252-91 be received for information. "CARRIED" Resolution #GPA-670-91 Moved by Councillor Wotten, seconded by Councillor Hooper THAT Report PD-253-91 be received for information. "CARRIED" 203 G.P.& A. Minutes . PLANNING AND DEVELOPMENT CONT'D. - 6- November IS, 1991 Animal Control Monthly Resolution #GPA-671-91 Report for October, 1991 PI4.1304.GE Moved by Councillor Wotten, seconded by Councillor Stapleton Parking Enforcement MontWy Report for October, 1991 TOS.1l96.GE THAT Report PD-254-91 be received for information. ltCARRIEDII Resolution #GPA-672-91 Moved by Councillor Wotten, seconded by Councillor fI HnnH h THAT Report PD-255-91 be received for information. !'CARRIED,r Councillor Wotten made a declaration of interest with respect to Report PD-256-91; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Wotten is a Fence Viewer. Temporary Appointment Resolution #GPA-673-91 of Fence Viewers CI2.123.FE Moved by Councillor Stapleton, seconded by Councillor Hooper . Requirement of Performance Bond for Demolition Permit Pll.969.GE MontWy Report on Building Permit Activity for October, 1991 PlO.333.GE . THAT Report PD-256-91 be received; THAT Leonard Creamer and Teresa Mason be appointed, by by-law, as Fence Viewers for the purposes of the Line Fences Act, on a temporary basis until such time as the Striking Committee has had an opportunity to appoint new Fence Viewers for the coming year; and THAT the by-law attached to Report PD-256-91 be forwarded to Council for approval. Resolution #GPA-674-91 Moved by Councillor Deegan, seconded by Councillor Wotten THAT Report PD-251-91 be received for information. 'CARRIED" Resolution #GPA-675-91 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT Report PD-257-91 be received for information. ItCARRlED" 206 G.P.& A. Minutes . PLANNING AND DEVELOPMENT CONT'D. - 7 - November 18, 1991 Resolution #GPA-676-91 Moved by Mayor Hubbard, seconded by Councillor Wotten THAT the delegation of R. D. Webster, P. Eng., General Manager, G.M. Sernas and Associates Ltd., pertaining to suggested revisions to the Town of Newcastle Subdivision Agreement be received and acknowledged; THAT R. D. Webster's letter dated November 13, 1991 be referred to Staff for review and the holding of the requested meeting; THAT a report be submitted to the General Purpose and }lrlminiRtration Committee; and THAT Mr. R. D. Webster be advised of Council's decision. "CARRIED" Resolution #GPA-677-91 Moved by Councillor Hannah, seconded by Councillor Wotten . THAT the delegation of Joanne Kay be received and acknowledged; THAT her request for the planting of a tree on her property municipally known as 10 Kingswood Dr., Courtice, be approved; and THAT Joanne Kay be advised of Council's decision, FORTHWITH. "CARRIED" Resolution #GPA-678-91 Moved by Councillor Deegan, seconded by Councillor Wotten THAT Staff investigate and report to Council on November 25, 1991 on the bagging of the parking meters for the Santa Claus Parade and clarification on why a bag of money was found with the parking meter bags; and THAT Mr. Don Welsh be advised of Council's decision. llCARRIEDl! CLERK'S DEPARTMENT There were no reports considered under this section of the agenda . ?r7 _J. . . . G.P.& A. Minutes TREASURY DEPARTMENT Funding Request Trent University "For Tomorrow" Campaign Fl1.l055.CH Quotation Q91-22, Replacement of Street Trees FI8.257.GE - 8- November 18, 1991 Councillor Deegan chaired this portion of the meeting. Resolution #GPA-679-91 Moved by Councillor Hooper, seconded by Councillor Stapleton THAT Report TR-92-91 be received; THAT the request by Dr. John Stubbs, President and Vice-Chancellor of Trent University, to provide a grant of $5,000.00 per year over the next flve years to establish The Town of Newcastle Scholarship be referred for consideration during the 1992 Budget deliberations; THAT Dr. John Stubbs, President and Vice-Chancellor of Trent University be advised of Council's decision; and THAT a copy of Report TR-92-91 be provided to the N.C.SAB. for reference. "MOTION LOST" Resolution #GPA-680-91 Moved by Councillor Hamre, seconded by Councillor Hannah THAT Report TR-92-91 be received for information. "CARRIED" Resolution #GPA-681-91 Moved by Councillor Hannah, seconded by Councillor Stapleton THAT Report TR-95-91 be received; THAT Sebastiao Nursery and Landscaping, Cobourg, Ontario, with a total bid in the amount of $12,557.52 being the lowest responsible bidder meeting all terms, conditions and speciflcations of Quotation Q91-22, be awarded the contract for the Replacement of Street Trees, as required by the Department of Public Works; THAT the required funds be drawn from the approved 1991 Public Works Account #7205-01001-0261, Construction Associated with Development; and THAT the above recommendations be approved, FORTHWITH. ltCARRIED" ?rO __ .JU G.P.& A. Minutes . TREASURY DEPARTMENT CONT'D. . . Tender NW91-36, Gravel Crushing and Hauling FI8.257.GE Tender NW91-37, Snow Clearing and Winter Maintenance of Sidewalks and Parking Lots FI8.257.GE - 9- November 18, 1991 Resolution #GPA-682-91 Moved by Councillor Wotten, seconded by Councillor Hooper THAT Report TR-96-91 be received; THAT Robert E. Young Construction Ltd., Ennismore, Ontario, with a total bid in the amount of $98,386.50 being the lowest responsible bidder meeting all terms, conditions and speciflcations of Tender NW91-36, be awarded the contract to provide Gravel Crushing and Hauling, as required by the Town of Newcastle; THAT the funds expended be provided from the approved 1991 Public Works Road Maintenance and Construction budget; and THAT the above recommendations be approved, FORTHWITH. "CARRIEDt' Resolution #GPA-683-91 Moved by Councillor Hamre, seconded by Councillor flHnnHh THAT Report TR-97-91 be received; THAT GW.S. Landscaping, Bowmanville, Ontario, with bid prices of $132.00, $54.00 and $90.00 per callout for snow clearing and $329.00, $136.00 and $160.00 per callout for sand/salt spreading be awarded the contract to provide Snow Clearing and Winter Maintenance for Sections I (Bowmanville), ill (Newcastle) and vn (Community Services Parking Lots), respectively, as required by the Town of Newcastle for the 1991/92 winter season; THAT D & F Snow Removal, Bowmanville, Ontario, with bid prices of $311.00, $10.00, $10.00 and $54.00 per callout for snow clearing and $418.00, $10.00, $10.00 and $57.00 per callout for sand/salt spreading be awarded the contract to provide Snow Clearing and Wmter Maintenance for Sections II (Courtice), N (Hampton), V (Newtonville) and VI (Orono), respectively, as required by the Town of Newcastle for the 1991/92 winter season; THAT the funds expended be drawn from the 1991 and 1992 Winter Maintenance budgets for the respective departments; and THAT the above recommendations be approved, FORTHWITH. "CARRIEDIl 209 G.P.& A. Minutes . TREASURY DEPARTMENT CONT'D. . . Tender NW91-38 Supply and Insta1lation of Ball Diamond Lighting - Orono Park FI8.257.GE Cash Activity Report - September, 1991 Part A FlO.1082.MO Cash Activity Report October, 1991 Part A FI0.I082.MO - 10 - November 18, 1991 Resolution #GPA-684-91 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT Report TR-98-91 be received; THAT Ron Robinson Limited, Oshawa, Ontario, with a bid in the amount of $86,670.00 being the lowest responsible bidder meeting all terms, conditions and specifications of Tender NW91-38, be awarded the contract for the Supply and Installation of Ball Diamond Lighting at Orono Park, as required by the Department of Community Services; and THAT the total required funds in an amount of $89,570.00 ($86,670.00 contract + $2,900.00 design and construction administration), be drawn from the Community Services Parkland Development Capital Budget Account #7603-00001-0516. ItCARRIED" Resolution #GPA-665-91 Moved by Councillor Hannah, seconded by Councillor Stapleton THAT Report TR-99-91 be received; THAT, in accordance with provision of Chapter 302, Section 81 (1) of the Municipal Act, R.S.O. 1980, the Treasurer reports that the cash position of the Town of Newcastle for the month ended September 30, 1991, is as shown on the schedule attached to Report TR-99-91; and THAT Part A of the expenditures for the month of September, 1991 be confIrmed. "CARRlED" Resolution #GPA-686-91 Moved by Councillor Wotten, seconded by Councillor Hamre THAT Report TR-101-91 be received; THAT, in accordance with provision of Chapter 302, Section 81 (1) of the Municipal Act, R.S.O. 1980, the Treasurer reports that the cash position of the Town of Newcastle for the month ended October 31, 1991, is as shown on the schedule attached to Report TR-I01-91; and THAT Part A of the expenditures for the month of October, 1991 be confIrmed. "CARRIED" 210 . . . G.P.& A. Minutes -11- November 18, 1991 TREASURY DEPARTMENT CONT'D. Tender NW91-39 Structural Reinforcing Newcastle Community Hall FI8.257.GE Tender NW91-40 Bowmanville Recreation Complex - Landscape Works - Phase I FI8.257.GE Development Charges Collection on Behalf of Region of Durham Resolution #GPA-687-91 Moved by Councillor Stapleton, seconded by Councillor Hamre THAT Report TR-I02-91 be received; THAT Gerr Construction, Bowmanville, Ontario, with a bid in the amount of $48,150.00 being the lowest responsible bidder meeting all terms, conditions and speciflcations of Tender NW91-39, be awarded the contract for Structural Reinforcing of Newcastle Community Hall; and THAT the total funds required in the amount of $51,650.00 ($48,150.00 contract + $3,500.00 design and construction administration) be drawn from the 1991 approved Community Services Capital Budget Account #7029-00003-0501. "CARRIED" Resolution #GPA-688-91 Moved by Mayor Hubbard, seconded by Councillor Wotten THAT Report TR-103-91 be received; and THAT Phase I - Landscape Works - Bowmanville Recreation Complex be referred back to Staff for re-tendering. ItCARRIED" Resolution #GPA-689-91 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT Report TR-100-91 be received; THAT Staff be authorized to collect Development Charges on behalf of the Region of Durham in accordance with the Development Charges Act; THAT the funds received on behalf of the Region of Durham be remitted to the Region in accordance with the Development Charges Act and the procedures to be set out by the Region of Durham; THAT the Town of Newcastle accept only cash or certified cheques as payment for Development Charge Levies; THAT any interest generated from the funds collected, accrue to the Town's general fund; 211 . . . G.P.& A. Minutes - 12. November IS, 1991 TREASURY DEPARTMENT CONT'D. FIRE DEPARTMENT THAT the Town's Legal Advisor be requested to investigate the possibility of transferring by agreement, the collection responsibility for upper tier levies directly to the Region of Durham; and THAT the above be approved, FORTHWITH. IlCARRlED" COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda There were no reports considered under this section of the agenda PUBLIC WORKS DEPARTMENT Councillor Hannah chaired this portion of the meeting Review of Sidewalk Feasibility - Sunset Boulevard Easterly to Robert Street Village of Newcastle T05.3715.RO Resolution #GPA-690-91 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT Report WD-SO-91 be received and referred back to Stafffor review and report addressing the Urban Standards for sidewalks and streetlighting on Sunset Boulevard and Lakeview Road. "CARRIED" Correspondence Received Resolution #GPA-691-91 Regarding Plant, Purple Loosestrife Moved by Councillor Deegan, seconded by Councillor Hamre E05.2084.GE THAT Report WD-82-91 be received; THAT the Federal and Provincial Ministries of Agriculture be advised that the Town of Newcastle supports the position taken by the Regional Municipality of Durham regarding Purple Loosestrife contained in Attachment No.2 to Report WD-S2-91; and THAT the Ontario Federation of Anglers and Hunters, the Region of Durham and the Federal and Provincial Ministries of Agriculture be advised of Council's decision. IlCARR1ED" 11) Clio.- . . . G.P.& A. Minutes - 13 - November 18, 1991 PUBLIC WORKS DEPARTMENT CONT'D. Concerns Expressed by Mr. Chris Ostler With Respect to Conditions on Prestonvale Road Courtice M04.301.GE Newhaven Estates Subdivision Certificate of Acceptance D12.18T.87002 Resolution #GPA-692-91 Moved by Councillor Wotten, seconded by Councillor Hooper THAT Report WD-83-91 be received for information; and THAT a copy of Report WD-83-91 be forwarded to Mr. Chris Ostler. "CARRIED" Resolution #GPA-693-91 Moved by Councillor Hamre, seconded by Councillor Stapleton THAT Report WD-88-91 be received and referred back to Stafffor clarification. "CARRIED" Cedarbrooke Subdivision Resolution #GPA-694-91 Certificate of Acceptance Moved by Councillor Hooper, seconded by Councillor Wotten D12.18T.87034 Confidential Report WD-91-91 ADMINISTRATION Municipal Conflict of Interest Review Ministry of Municipal Affairs THAT Report WD-89-91 be received; and THAT the Director of Public Works be authorized to issue a "Certificate of Acceptance" for the storm sewer system constructed within Plan 10M-824. "CARRIED" Resolution #GPA-695-91 Moved by Mayor Hubbard, seconded by Councillor Deegan THAT the recommendations contained in Confidential Report WD-91-91 be approved IICARRIED" Mayor Hubbard chaired this portion of the meeting. Resolution #GPA-696-91 Moved by Councillor Hamre, seconded by Councillor Hannah THAT Report ADMIN-7-91 be received; 713 . . . G.P.& A. Minutes - 14- November 18, 1991 ADMINISTRATION CONT'D. THAT Recommendation 13 should be clarified with respect to the question of a potential for a fmancial gain or loss; THAT Recommendation 15 not be adopted and in its place each council be given the power by by-law to assign a dollar value to the term "remote or insignificant"; THAT Recommendation 30 insofar as it would remove the present saving provision from the Act respecting "inadvertence' or "bona flde error of judgement" not be adopted; THAT Recommendation 37 respecting the oath of office of a member not be adopted; THAT the Ministry establish an advisory service available free of charge to members of Councils to provide advice as to the interpretation of the Act and whether the disclosure and abstention requirements of the Act apply in the particular circumstances. The Act should be amended to provide that a member relying on the advice given by the Ministry's advisory service should be deemed not to violate the Act if the advice is followed in good faith; THAT Recommendation 16 should be amended to permit a council by by-law to determine a "community of interest" of the ward councillors with the electors of the ward generally in advance of the consideration by council of a particular matter. If such a by-law is passed, the Act should provide that the ward councillors concerned may participate in the consideration and decision on the matter in question without contravening the Act; THAT Recommendations 33 and 34 be amended to provide for flnancial support to municipalities by the provincial government, to allow the municipalities to consider, prepare and tailor-make a code of employee conduct which is suitable for the municipality in question; THAT Recommendation 32 should not be adopted in its present form but rather that each municipality should be given a permissive power by by-law to prohibit the employment of a former member of Council by the municipality concerned, for a period of time which would be set out in the by-laW; THAT Recommendation 36 should not be adopted until Council has a greater opportunity to consider its implications than the opportunity that has been made available to it by the Minister to this date; and THAT a copy of Report ADMIN-7-91 be forwarded to the Honourable Dave Cooke, Minister of Municipal Affairs, and members of the Incoming Council, FORTHWITH. 'CARRIED" 214 . . . G.P.& A. Minutes OTHER BUSINESS Report PD-258-91 Subdivision Agreement Liza Development 18T-89013 ADJOURNMENT - 15 - November 18, 1991 Resolution #GPA-697-91 Moved by Councillor Hamre, seconded by Councillor Hannah THAT Report PD-256-91 be received; and THAT Staff be authorized to proceed to fmalize the subdivision agreement with Liza Developments (621182 Ontario Limited) as per the recommendations from the Town's solicitor attached to Report PD-258-91. "CARRIED" Resolution #GPA-698-91 Moved by Councillor Hannah, seconded by Councillor Wotten THAT Staff be requested to examine the feasibility of having man-made skating rinks in some of the Town's parks. "CARRIED" Resolution #GPA-699-91 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the meeting adjourn at 11:45 am. "CARRIED" ~.~#- Depu ler ~ )15