HomeMy WebLinkAbout07/30/1979
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Council Minutes
Roll
Call
Counc il
Minutes
Special
Council
Minutes
Special
Council
Minutes
Mr. Doug Roy,
D.R. Agencies
re
Courtice
Subdivision
Plan
TOWN OF NEWCASTLE
July 30 1979
Minutes of a regular meeting of Council held on
July 30 1979 at 7:00 p.m. in the Bowmanville Council
Chambers.
Present were:
Mayor Garnet B. Rickard
Councillor Keith Barr
Councillor William Clarke
Councillor Ann Cowman
Councillor Ivan M. Hobbs
Councillor Jasper W. Holliday
Councillor Maurice Prout
Town Clerk J. M. McIlroy
Also Present:
A. C. Guiler, Town Manager
D. Smith, Director of Planning
T. A. Fanning, Director of Community Services
J. Dunham, Director of Public Works
Resolution #C-955-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT the minutes of the Council Meeting held on July 16th,
1979 be adopted as read.
"CARRIED"
Resolution #C-956-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT the minutes of the Special Council Meeting held
on July 20th, 1979 be adopted as read.
"CARRIED"
Resolution #C-957-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT the minutes of the Special Council Meeting held
on July 23rd, 1979 be adopted as read.
"CARRIED"
Mr. Doug Roy, D. R. Agencies appeared before Council
regarding his proposed Subdivision #18T77002. He
requested Council 'to approve of the Plan subject to the
Subdivision being contingent on the acceptance of an
architectural agreement and a comprehensive development
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Council Minutes
Mr. Peter Weston
re Phase 3 -
Bowmanville Mall
Mr. V. Visconti
re
Building Permi t
Mr. Chris Taylor,
Ontario Hydro
re Film
Presentation
Mr. Charles Ewert
re
Brooking Transport
Rezoning
Communications
-2-
July 30 1979
agreement to include all costs
Developer between the Town and
(See Resolution #Cl014-79)
to be borne by the
the Developer.
Mr. Peter Weston and solicitor Roger Elliot appeared before
Council regarding Phase 3 of the Bowmanville Mall.
(See By-Law #79-73)
Mr. Visconti appeared before Council regarding permission
to move a home. (See Resolution #C_1015-79)
Resolution #C-958-79
Moved by Councillor Prout, seconded by Councillor Clarke
THAT the Rules of Procedure be suspended to allow
Mr. Taylor enough time to make his film presentation.
"LOST"
Recorded Vote:
Councillor Barr.........Nay
Councillor Clarke.......yea
Councillor Cowman.......Nay
Councillor Hobbs........Nay
Councillor HOlliday.....Nay
Councillor Prout........yea
Mayor Rickard...........yea
Mr. Charles Ewert appeared before Council requesting approval
of Brooking Transport rezoning application.
(See Item #11 of the Planning and Development Committee
Report of July 23, 1979).
Resolution #C-959-79
Moved by Councillor Prout, seconded by Councillor Clarke
THAT Mr. Zakarow and his solicitor Mr. Fine be heard.
"CARRIED"
Mr. Fine requested Council to reconsider the recommendation
of the Planning and Development Committee granting the
Brooking Rezoning Application, as he considered that the
present use may be illegal. (See Item #11 of the Planning and
Development Committee Report of July 23 1979).
Resolution #C-960-79
Moved by Councillor Prout, seconded by Councillor Holliday
THAT the Town Clerk's disposition of communications to be
received for information be approved except for Item 5.
"CARRIED"
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Council Minutes
Toronto Area
Transit Operating
Authority
Mr. E. Pollard
Newcastle
Lions Club's
Beer Garden
and Dance
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July 30 1979
1. Ministry of Intergovernmental Affairs re Ontario
Building Officials Association's Resolution relative
to Heritage Buildings be received for information.
2. Ganaraska Region Conservation Authority re
Minutes of Meetings held on July 11th and June 20th, 1979
be received for information.
3. Central Lake Ontario Conservation Authority re
Stormwater Management Study - Courtice Area be
received for information.
4. The Liquor Licence Board of Ontario re Application by
Bowmanville Restaurant be received for information.
6. Ontario Municipal Board re Decision of an Appeal
by John Rice and Others from a Decision of the Committee
of Adjustment be received for information.
Resolution #C-961-79
Moved by Councillor Holliday, seconded by Councillor Clarke
THAT the letter dated July 10 1979 from the Toronto Area
Transit Operating Authority be received for information.
Resolution #C-962-79
Moved by Councillor Hobbs, seconded by Councillor Prout
THAT the letter be tabled pending further information
from the T.A.T.O.A. as to whether the service will be
operating on Sundays.
"CARRIED"
Resolution #C-963-79
Moved by Councillor Holliday, seconded by Councillor Prout
THAT the request contained in Mr. E. Pollard's letter
dated July 18, 1979 relative to receiving permission to
obtain present dwelling on lot during construction of a new
home be approved, subject to Mr. Pollard signing an agreement
to remove the present home within six months or on occupancy
of the new home, whatever occurs first.
"CARRIED"
Resolution #C-964-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT Newcastle Lions Club's request to hold their annual
Beer Garden and Dance on August II 1979 be approved, subject
to all other approvals being given, i.e. Durham Regional
Police Force, Durham Regional Health Unit, and the Town of
Newcastle Fire Chief.
"CARRIED"
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Council Minutes
Orono Fund
Raising
Committee
Recess
Soap Box Derby
and
Mardi Gras
Parade
Ministry of
Housing re
O.H.A.P.
Loan Agreements
A.M.O. Conference
-4-
July 30 1979
Resolution #C-965-79
Moved by Councillor Clarke, seconded by Councillor Barr
THAT the Orono Fund Raising Committee's Request dated
July 23 1979 to hold a fund raising event of hot meals and
bar at the Orono Fair, September 6th to 9th, 1979 be
approved and the Liquor Licence Board be notified of
Council's approval of this event.
"CARRIED AS AMENDED"
Resolution #C-966-79
Moved by Councillor HOlliday, seconded by Councillor Barr
THAT the foregoing resolution be amended to require the
necessary approvals from the Regional Police Force,
the Regional Health Unit and the Newcastle Fire Chief.
"CARRIED"
Resolution #C-967-79
Moved by Councillor Hobbs, seconded by Councillor Prout
THAT there be a recess for five minutes.
"CARRIED"
Resolution #C-968-79A
Moved by Councillor Prout, seconded by Councillor Clarke
THAT Council approve of the request from the Recreation
Department to hold the annual Soap Box Derby on August 9
and the Mardi Gras Parade on August 14, 1979.
"CARRIED"
Resolution #C-968-79B
Moved by Councillor Holliday, seconded by Councillor Barr
THAT the letter dated July 24 1979 from the Ministry of
Housing regarding the amount paid out under O.H.A.P.
Loan Agreements be received for information.
"CARRIED"
Resolution #C-968-79 C
Moved by Councillor Hobbs, seconded by Councillor Holliday
THAT the Town Clerk's report regarding voting delegates
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Council Minutes
Planning and
Development
Chainnan's
Report
-5-
July 30 1979
to the A.M.a. Conference be referred to the Mayor and the
Town Manager with power to submit nominations for voting
delegates to the association.
"CARRIED"
NOTE: The Notice of Motion moved by Councillor Cowman,
seconded by Councillor Holliday regarding Ontario Hydro
rates was withdrawn.
Councillor Holliday left the Council table during
the consideration of this report after submitting
the following declaration regarding conflict of interest.
Declaration by J. W. Holliday of an indirect Conflict of
Interest in the matter of the application for Rezoning
ZA 2-6-3 Brooking Transport.
Inasmuch as my employer W. Frank has an interest in the
neighbourhood lands and this matter only came to my
attention on July 26 or 27, 1979, I hereby request that
the Clerk record this conflict in the minutes of this meeting
forthwith.
Signed: J. W. Holliday
Dated this 30th day of July 1979.
Resolution #C-969-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the Planning and Development Committee Chairman's
Report of Meeting held on July 23rd, 1979 be adopted
except for Items 1, 5, 10 and 11.
"CARRIED"
Resolution #C-970-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT Item 1 of the foregoing report be adopted.
"CARRIED"
Resolution #C97l-79
Moved by Councillor Hobbs, seconded by Councillor Prout
THAT Item 5 of the foregoing report be adopted.
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Council Minutes
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July 30 1979
Mayor Rickard vacated the Chair at this point and
withdrew from the Meeting as he stated that the re-alignment
of the road affected property in which he had an interest,
and Councillor Clarke took the Chair. On being put to
a vote Resolution #971-79 was carried.
His Worship reassumed the Chair.
Resolution #C972-79
Moved by Councillor Clarke, seconded by Councillor Prout
THAT Item 10 of the foregoing report be adopted.
Resolution #C973-79
Moved by Councillor Cowman, seconded by Councillor Hobbs
THAT Item 10 be tabled.
Recorded Vote:
Councillor Barr...........Nay
Councillor Clarke.........yea
Councillor Cowman.........yea
Councillor Hobbs..........yea
Councillor Prout..........yea
Mayor Rickard.............Nay
"CARRIED"
Resolution #C974-79
Moved by Councillor Prout, seconded by Councillor Cowman
THAT Item 11 of the foregoing report be adopted.
Resolution #C-975-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT Item 11 be tabled to allow Mr. Ewert to submit a
further report to the first Planning and Development
Committee meeting in September.
"CARRIED"
Councillor Holliday returned to the Council table
at this point.
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Council Minutes
-7 -
July 30 1979
Resolution #C-976-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT Report #2 of the Planning and Development
Committee meeting on July 23 1979 be approved
except for Items 1, 2 and 3.
Resolution #C-977-79
Moved by Councillor Holliday, seconded by Councillor Barr
THAT Item 1 of the foregoing report be adopted.
"CARRIED AS AMENDED"
Resolution #C-978-79
Moved by Councillor Holliday, seconded by Councillor Barr
THAT the foregoing resolution be amended to divide into Items
A and B . . "CARRIED"
On being put to a vote Resolution #C-976-79 was adopted.
Resolution #C-979-79
Moved by Councillor Cowman, seconded By Councillor Hobbs
THAT Resolutions C-933-79, C-936-79 and C-937-79 passed
by Council on July 20 1979 be rescinded.
Recorded vote:
Councillor Barr...........Nay
Councillor Cowman.........yea
Councillor Clarke.........yea
Councillor Hobbs..........yea
Councillor Holliday.......Nay
Councillor Prout... .. .... .Nay
Mayor Rickard.............Nay
"MeTION LOST"
Resolution #C-980-79
Moved by Councillor Holliday, seconded by Councillor Prout
THAT Item 2 of the foregoing report be adopted.
"CARRIED"
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Council Minutes
Recess
Community
Services
Committee
Mayor Rickard's
Report
Town Planner's
Report
-8-
July 30 1979
Resolution #C-98l-79
Moved by Councillor Barr, seconded by Councillor Holliday
THAT Item 3 of the foregoing report be adopted.
Recorded Vote:
Councillor Barr..........Nay
Councillor Clarke........Yea
Councillor Cowman........Nay
Councillor Hobbs.........Nay
Councillor HOlliday......Yea
COlUlcillor Prout.... . . . . . Yea
Mayor Rickard. .......... .Yea
"CARRIED"
Resolution #C-982-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT there be a 10 minute recess.
"CARRIED"
Resolution #C-982-79 A
Moved by COlUlcillor Prout, seconded by Councillor Holliday
THAT the Community Services Committee Chairman's Report
of meeting held on July 24 1979 be adopted.
"CARRIED"
Resolution #C-983-79
Moved by Councillor Clarke, seconded by Councillor Barr
THAT Mayor Rickard's Report dated July 25 1979 regarding
Rules of Procedure, be received for information.
"CARRIED"
Resolution #C-984-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the Town Planner's Report dated July 30 1979 relative
to Phase III of Bowmanville Mall Rezoning be approved,
and the necessary By-Law be considered.
"CARRIED"
Resolution #C-985-79
Moved by Councillor Cowman, seconded by COlUlcillor Clarke
WHEREAS COlUlcil favours the rezoning by-law for the Phase
III expansion of Bowmanville Mall only if an agreement
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Council Minutes
Town Manager's
Report
re
Resolution C-920-79
Hydro
Restructuring
Committee
Minutes
Town Clerk's
Report
-9-
July 30 1979
satisfactory to it is executed.
"Council directs staff and its solicitor not to forward
the By-law for the Phase III expansion of Bowmanville Mall
to the O.M.B. for approval until Council has received from
Bowmanville Mall an executed development agreement fully
satisfactory to Council together with the appropriate securities."
"CARRIED"
Resolution #C-986-79
Moved by Councillor Hobbs, seconded by Councillor Holliday
THAT the Town Manager's Report dated July 24 1979 regarding
Meetings to be rescheduled from August 20th to 21st, 1979
be approved and the following dates accepted:-
a) Planning & Development Committee, Thursday, August 23rd,
1979 at 9:30 a.m. in Court Room-No.2.
b) Community Services Committee, Friday, August 24th, 1979
at 9:30 a.m. in the Bell Building Committee Room.
"CARRIED"
Resolution #C-987-79
Moved by Coancillor Holliday, seconded by Councillor Prout
THAT the Hydro Restructuring Committee Minutes of meeting
held on July 19th, 1979 be received for information,
and Council reaffirms that it wishes the Committee to
make the recommendations for appointments to the
Transitional Commission.
"MOTION LOST"
Resolution #C-988-79
Moved by Councillor Cowman, seconded by Councillor Hobbs
THAT the Hydro Restructuring report regarding the meeting
held July 19 1979 be received for information.
"CARRIED"
Resolution #C-989-79
Moved by Councillor Holliday, seconded by Councillor Prout
THAT the Town Clerk's report re Application for Amendment
to Zoning By-law be received for information.
"CARRIED"
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Council Minutes
By-Law No.
79-67
By-Law No.
79-68
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July 30 1979
Resolution #C990-79
Moved by Councillor Holliday, seconded by Councillor Prout
THAT leave be granted to introduce By-Law No. 79-67
being a by-law to establish a Board of Management to
operate a Museum on its behalf (Bowmanvil1e Museum),
and that the said by-law be now read a first time.
"CARRIED"
Resolution #C-99l-79
Moved by Councillor Hol1iday~econded by Councillor Prout
THAT the second reading be tabled and referred to the Town
Manager for a report.
On being put to a vote the second reading of By-Law 79-67
was carried by the following recorded vote:
Councillor Barr..........yea
Councillor C1arke........yea
Councillor Cowman........Nay
Councillor Hobbs.........yea
Councillor Hol1iday......yea
Councillor Prout.........Yea
Mayor Rickard. .......... .Nay
Resolution #C-992-79
Moved by Councillor Holliday, seconded by Councillor Prout
THAT the third and final reading of By-Law 79-67 be approved.
"CARRIED"
Resolution #C-993-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT leave be granted to introduce By-Law No. 79-68 being
a by-law to establish a Board of Management to operate a
Museum on its behalf (Clarke Museum) and that the said by-law
be now read a first time.
"CARRIED"
Resolution #C-994-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT the second reading of By-Law No. 79-68 be approved.
"CARRIED"
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Council Minutes
By-Law
No. 79-69
By-Law
No. 79-70
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July 30 1979
Resolution #C-995-79
Moved by Councillor Barr, seconded by Councillor Clarke
THAT the third and final reading of By-Law No. 79-68
be approved.
"CARRIED"
Resolution #C-996-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT leave be granted to introduce By-Law No. 79-69
being a by-law to adopt a Policy in respect of Parkland
Dedications in the Town of Newcastle under Section 33 of the
Planning Act (Subdivisions), and that the said by-law be
now read a first time.
"CARRIED"
Resolution #C-997-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the second reading of By-Law No. 79-69 be approved.
"CARRIED"
Resolution #C-998-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the third and final reading of By-Law No. 79-69 be approved.
"CARRIED"
Resolution #C-999-79
Moved by Councillor Hobbs, seconded by Councillor Holliday
THAT leave be granted to introduce By-Law No. 79-70
being a by-law to stop up and close and authorize the
conveyance of part of the road allowance being composed of
Part 2 Plan 10R-964 of the Geographic Township of
Darlington (formerly County of Durham) now within the limits
of the Town of Newcastle, Regional Municipality of Durham,
and that the said by-law be now read a first time.
"CARRIED"
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Council Minutes
By-Law
No. 79-71
. -12-
July 30 1979
Resolution #C-IOOO-79
Moved by Councillor Hobbs, seconded by Councillor Holliday
THAT the second reading of By-Law No. 79-70 be approved.
"CARRIED"
Resolution #C-IOOl-79
Moved by Councillor Hobbs, seconded by Councillor Holliday
THAT the third and final reading of By-Law No. 79-70 be approved.
"CARRIED"
No one in the audience objected to the passing of
By-Law no. 79-70.
Resolution #C-I002-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT leave be granted to introduce By-Law No. 79-71
being a by-law to amend Restricted Area By-Law Number 2111,
of the former Township of Darlington, as amended, and that
the said by-law be now read a first time.
"CARRIED"
Resolution #C-I003-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the second reading of By-Law No. 79-71 be approved.
"CARRIED"
Resolution #C-I004-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the third and final reading of By-Law No. 79-71 be approved.
"CARRIED"
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Council Minutes
By-Law
No. 79-72
(Donoghue)
By-Law
No. 79-73
(See 79 -116)
-13-
July 30 1979
Resolution #C-1005-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT leave be granted to introduce By-Law No. 79-72
being a by-law to amend Restricted Area By-Law Number 2111
of the former Township of Darlington, as amended, and that
the said by-law be now read a first time.
"CARRIED"
Resolution #C-1006-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the second reading of By-Law No.,79-72 be approved.
"CARRIED"
Resolution #C-1007-79
Moved by Councillor Cowman, seconded by Councillor Clarke
THAT the third and final reading of By-Law No. 79-72 be approved.
"CARRIED"
Resolution #C-1008-79
Moved by Councillor Cowman, seconded by Councillor Holliday
THAT leave be granted to introduce By-Law No. 79-73 being
a by-law to amend Restricted Area By-Law No. lS87
of the former Town of Bowmanville as amended. and that the
said by-law be now read a first time.
"CARRIED"
Resolution #C-1009-79
Moved by Councillor Cowman, seconded by Councillor Holliday
THAT the second reading of By-Law 79-73 be approved.
"CARRIED AS AMENDED"
Resolution #C-lOlO-79
Moved by Councillor Hobbs, seconded by Councillor Cowman
THAT a site plan be negotiated by staff prior to submitting
By-Law 79-73 for a third reading.
"CARRIED"
Council Minutes
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Mayor I S Report
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Mr. Doug Roy,
D.R.Agencies
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July 30 1979
Resolution #C-lOll-79
Moved by Councillor Cowman, seconded by Councillor Hobbs
THAT the third reading of By-Law 79-73 be approved.
Resolution #C-1012-79
Moved by Councillor Holliday, seconded by Councillor Clarke
THAT the third reading of By-Law 79-73 be tabled pending
a staff report on the site plan.
"CARRIED"
Resolution #C-1013-79
Moved by Councillor Clarke, seconded by Councillor Barr
THAT the following report submitted by Mayor Rickard
be approved.
Resolution W-166-79 of the Public Works Committee was not
included in the report of the Public Works Committee on the
Council Agenda of July 16th, 1979.
"THAT in view of the exorbitant problems resulting from
the movement of Aggregates, Town Staff undertake
the feasibility of establishing a truck route for
aggregates, in particular from Leskard area southward
and report back as soon as possible."
1 would recommend that this resolution be amended and
approved by adding the following:
"and the necessary fieldwork be initiated to determine
cost estimates for an alternative route at a sum not
exceeding $5,000.00 to be drawn as follows:
1/3 from Station Account - Hydro Agreement
2/3 from the reserve account from the
sale of road allowances.
Resolution #C-1014-79
"CARRIED"
Moved by Councillor Prout, seconded by Councillor Clarke
THAT Mr. Doug Roy's request regarding his subdivision
be approved.
Recorded Vote:
Councillor Barr......... ..Nay
Councillor Clarke........ Yea
Councillor Cowman........Nay
Councillor Hobbs.........May
Councillor HOlliday...... Yea
Councillor Prout........ Yea
Mayor Rickard............yea
"CARRIED"
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Mr. Roy's request was as follows:
To approve of Plan of Subdivision #18T77002 subject
to the subdivision being contingent on the acceptance
of an architectural agreement and comprehensive development
agreement to include all costs to be borne by the
Developer between the Town and the Developer.
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Council Minutes
Mr. V. Visconti
Mr. Chris Taylor,
Ontario Hydro
Mr. Greenspan
Full-time
solicitor
By-Law
No. 79-74
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July 30 1979
Resolution #C-1015-79
Moved by Councillor Prout, seconded by Councillor Holliday
THAT Mr. Visconti's request be referred to staff.
"CARRIED"
Resolution #C-1016-79
Moved by Councillor Holliday, seconded by Councillor Prout
THAT Mr. Chris Taylor be invited to the next meeting of
the Hydro Liaison Committee.
"CARRIED"
Resolution #C-1017-79
Moved by Councillor Cowman, seconded by Councillor Hobbs
THAT the Town Clerk be requested to contact Mr. Greenspan
to find out if Resolutions C-936-79, C-937-79 contravened
the procedure by-law.
"CARRIED"
Resolution #C-1018-79
Moved by Councillor Hobbs, seconded by Councillor Cowman
THAT Mayor Rickard be requested to appoint a committee
member of Council to work with the Town Manager to explore
the possibility of appointing a full-time solicitor
on staff based on much lower cost than in the past.
"CARRIED"
Resolution #C-1019-79
Moved by Councillor Prout, seconded by Councillor Clarke
THAT leave be granted to introduce By-Law No. 79-74
being a by-law to confirm the proceedings of the Council of
the Town of Newcastle at this meeting held on the 30th
day of July 1979, and that the said by-law be now read
a first time.
"CARRIED"
Resolution #C-l020-79
Moved by Councillor Prout, seconded by Councillor Clarke
THAT the second reading of By-Law No. 79-74 be approved.
"CARRIED"
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Council Minutes
Adjournment
-16-
July 30 1979
Resolution #C-102l-79
Moved by Councillor Prout, seconded by Councillor Barr
THAT the third and final reading of By-Law No. 79-74
be approved.
"CARRIED"
Resolution #C-1022-79
Moved by Councillor Prout, seconded by Councillor HObbs
THAT the meeting be adjourned at 11:30 p.m.
"CARRIED"
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G. B. Rickard~ /:,-'--/-<-_/"
Mayor
J. M. McIlroy
Clerk
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