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HomeMy WebLinkAbout02/26/1990 ....... COUNCil.. MINUTES ROLL CALL Present Were: Also Present: ~ MINUTES DELEGATIONS "- TOWN OF NEWCASTLE FEBRUARY 26, 1990 Minutes of a regular meeting of Council held on Monday, February 26, 1990, at 7:00 p.rn., in the Council Chambers Mayor M. Hubhard Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K. Hooper Councillor F. Stapleton Councillor A. Wotten Chief Administrative Officer, L. Kotseff Manager of Engineering, T. Cannella Director of Community Services, J. Caruana By-law Enforcement Ofllcer, L. Creamer Fire Chief, M. Creighton Senior By-law Enforcement Officer, D. Legget Treasurer, M. Marano Director of Planning, F. Wu Town Clerk, P. Barrie Councillor Stapleton led the meeting in prayer. Resolution #C-135-90 Moved by Councillor Wotten, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held on February 12, 1990, be approved. nCARRIEDt' Resolution #C-136-90 Moved by Councillor Hannah, seconded by Councillor Wotten THAT Mr. Robert Allen be added to the list of delegations. "CARRIED" Council Minutes ....... DELEGATIONS ~ '- - 2- February 26, 1990 Mr. Gordon White, P.O. Box 100, Bowmanville, L1C 3K8, addressed Council with respect to the future of the Newcastle Waterfront and Land Use Planning for the future. Mr. White indicated that Council, on December 11, 1989, recommended that the Town undertake a waterfront development study to ensure that policies and action plans will be instituted for the future development of lands south of the C.N.R. between West Beach Road and the Wilmot Creek Community. To the west of the waterfront development study area, 86 homes lying within the Cove and Cedarcrest Beach area will become isolated as St. Marys Cement continues its expansion. Excavations going 150 feet into the ground will come as close as 50 feet to residential property. At that time, the remnants of the Cove and Cedarcrest Beach area will be a narrow ribbon of land separating Lake Ontario from a quarry hole created to the north. This scenario leads the residents to wonder if it will be possible for the two communities to exist. Therefore, Mr. White requested that the Town of Newcastle consider the waterfront areas of the Cove and Cedarcrest Beach be the subject of a special development study for the purpose of assessing the future potential of these lands. Mr. George Brooks, 5 St. George Street, Bowmanville, L1C 2K4, requested that Council pass a motion following the stand taken by the Cities of Thunder Bay and Sault Ste. Marie in declaring that English will be the only recognized language in the Town of Newcastle. Mr. Books stated that he is not racist or anti-French, however, bilingualism is a very costly venture when the French population constitutes less than 5% of the total Ontario population. Mr. Brooks stated that the residents of the Town of Newcastle do not need the added cost on their tax bill to implement bilingualism. Mr. Bob Willsher, 323 Church Street, Newcastle, LOA 1HO, addressed Council on the matter of changing the name of the Town of Newcastle. Mr. Willsher stated that the Town of Newcastle is a unique community - a pleasant blend of urhan and rural, a mix of communities each with a distinct heritage. During the past week he has been trying to understand why the campaign to change the Town's name has become the focus of so much attention. Mr. Willsher stated that the municipality has been called the Town of Newcastle for 16 years and many residents, regardless of where they live in the Town, have accepted the structure of the municipality, understand the community, and see no advantage to changing the name now. He believes that there is no benefit to the Town of Newcastle or the majority of the taxpayers in supporting a name change. Mr. Ron Hooper, 16 Lawrence Crescent, Bowmanville, L1C 1J4 appeared before Council on behalf of Mrs. Louise Lyle concerning the issue of the name change for the Town of Newcastle. He presented to Council a petition signed by over 5,000 citizens and taxpayers who are concerned about the heritage of their Town "Bowmanville." They are requesting that Council give back the name and identity as 'Bowmanville." He stated that the name "The Town of Newcastle" is too confusing, especia1Jy with the close proximity to the Village of Newcastle, and questioned why the politicians, when Regional Government was formed in 1973, did not choose to make the name change to the Township of Newcastle. Mr. Hooper asked that this issue be dealt with during the meeting while they are present. Questions were asked of Mr. Hooper by members of Council. Council Minutes ....... DELEGATIONS ~ \",.. - 3 - February 26, 1990 Mr. Bernie Roth, R.R. #5, Oshawa, L1H 8LT, addressed Council with respect to the drainage problems he has been experiencing at his residence on Fice's Road. He stated that he has attempted to address this problem through staff but has not received a satisfactory solution. Mr. Roth indicated that the culvert across Fice's Road heaves annually and the latest suggestion that he has received from the Town is that the ditch be filled in. Mr. Roth is suggesting that a solution to the problem could be arrived at if the erosion was stopped on Town property, if the ditches were maintained properly or if the watercourse was cleaned out to allow for the water to flow in its natural state. Questions were asked of Mr. Roth by members of Council. Mr. Robert Allen, 50 Goldpine Crescent, Bowmanville, LIE 1S3, addressed Council with respect to the issue of renaming the Town of Newcastle. Mr. Allen stated that we, the residents of Newcastle, must review where we have been, where we are going and how we are going to get there. Many new and exciting things are happening in our municipality. Newcastle is changing - we are growing up. Our "Apple Blossom" is now emerging across our Town identifYing our many hsmlets as part of our municipality. Many years have passed since the early 1970's and Mr. Allen is questioning where the proponents of a name change have been since this time. Mr. Allen stated that we need to join together and bring the 200 sq. miles of the Town of Newcastle together as one unit, and suggested that we put this issue to rest and move on using all of the energies to unite our Town of Newcastle into 'Our Municipality." Resolution #C-137-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the Rules of Procedure be suspended to consider Unfmished Business at this time. "CARRIED" Resolution #C-138-90 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the delegation of Mr. Gordon White be received; and THAT Council investigate all aspects of the environmental issues surrounding the 86 homes lying within the Cove and Cedarcrest Beach area "CARRIED" Council Minutes '" DELEGATIONS \w ..... RECESS - 4- February 26, 1990 Resolution #C-139-90 Moved by Councillor Deegan, seconded by Councillor Wotten THAT the delegation of Mr. George Brooks be acknowledged and received for information. "CARRIED" Resolution #C-140-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the delegations of Mr. Bob Willsher, Mr. Ron Hooper and Mr. Robert Allen be acknowledged and received for information. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Hamre Councillor Hannah Councillor Stapleton Councillor Wotten Mayor Hubbard Councillor Deegan Councillor Hooper Resolution #C-141-90 Moved by Councillor Hannah, seconded by Councillor Wotten THAT the delegation of Mr. Roth be acknowledged and referred back to the Public Works Department for a further review and preparation of a subsequent report to be considered by the General Purpose and Administration Committee. "CARRIED" Resolution #C-142-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Council recess for 10 minutes. "CARRIED' Council Minutes ~ COMMUNICATIONS ...... ,. - 5 - February 26, 1990 The meeting reconvened at 8:27 p.m. Resolution #C-143-90 Moved by Councillor Hooper, seconded by Councillor Wotten THAT the communications to be received for information be approved with the exception of I - 7 and I - 10. . "CARRIED" 1- 1 Correspondence received from C.W. Lundy, A.M.C.T., Regional Clerk, Region of Durham, Re: Expanded Application of Drilled Well Policy to Include All Newly Created Lots On A Private Water System; 1-2 Correspondence received from C.W. Lundy, A.M.C.T., Regional Clerk, Region of Durham, Re: Amendment #35 to the Newcastle Official Plan (89-04l/N(35)); 1- 3 Correspondence received from C.W. Lundy, A.M.C.T., Regional Clerk, Region of Durham, Re: Amendment #36 to the Newcastle Official Plan (89-047/N(36)); 1-4 Correspondence received from C.W. Lundy, A.M.C.T., Regional Clerk, Region of Durham, Re: Notice of Levy - Soper Creek Erosion Control; 1-5 Correspondence received from Paul E. Pinnington, President, Ontario Natural Gas Association Re: Frozen Regulator Vent; 1-6 Correspondence received from Bill Coleman, R.R. #5, 54 Rebecca Court, Bowmanville, L1C 3K6, Re: Change of Name - Town of Newcastle; 1-8 Correspondence received from C.W. Lundy, A.M.C.T., Regional Clerk, Region of Durham, Re: Expansion of the St. Marys Cement Company Facilities; 1- 9 Minutes of meetings of the Ganaraska Region Conservation Authority, held on January 11, January 25, January 31, February 8, 1990; 1-11 A copy of a Resolution by the City of Sault Ste. Marie, received from Richard Pearman, President, Sault Ste. Marie Association for the Preservation of English Language Rights, Re: Bill 8 - The French Language Services Act of Ontario; Council Minutes ....... COMMUNICATIONS ~ 1- 7 Bell Canada Upcoming Changes 68.2.2. \. - 6 - February 26, 1990 1-12 Correspondence received from the Organization of Small Urban Municipalities, announcing the 37th Annual Conference to be held in Kincardine from May 2 to 4, 1990; 1- 13 Correspondence received from David Hodgson, Director, Ministry of Housing, Re: Building Action Program, Building Administration Fund; 1- 14 Correspondence received from Barbara Baker, Secretary- Treasurer , Newcastle Public Library Board, Re: Elections to the 1990 Board; 1- 15 Correspondence received from John Sweeney, Minister of Municipal Affairs, Re: Level of Funding for the 1990 Unconditional Grants Program; 1- 16 Correspondence received from Nancy J. Smail, 1510 Dundas St. W., Whitby, L1N 5R4, Re: Clarke Museum; 1- 17 Correspondence received from Johanna Budel, A.M.C.T.(A), Committee Secretary, Region of Durham, Re: Bill 211 - An Act to Revise the Rental Housing Protection Act, 1986; 1-18 A Newsletter received from the Federal Environmental Assessment Review Office, Re: Environmental Assessment Review of Air Transportation Proposals for the Toronto Area. Councillor Hamre made a declaration of interest with respect to correspondence I - 7 and refrained from discussion and voting on the subject matter. Councillor Hamre indicated that her husband and son are both employed by Bell Canada. Resolution #C-144-90 Moved by Councillor Hooper, seconded by Councillor Wotten THAT the correspondence dated February 2, 1990, from Mrs. O.M. Lyttle, Section Manager, Business Office (Oshawa), Bell Canada, with respect to upcoming changes to dialing sequences for long distance calls within the 416 area code be received for information. "CARRIEDII Council Minutes '-' COMMUNICATIONS 1- 10 Laidlaw Waste Systems 60.30.113. ~ '-' - 7- February 26, 1990 Resolution #C-145-90 Moved by Councillor Hannah, seconded by Councillor Hamre WHEREAS Council has been advised by the Town Clerk that she received a copy of an undated letter from Mr. James Bradley, Ontario Minister of the Environment on February 14, 1990, which was addressed to Mr. C.W. Lundy, Regional Clerk of the Regional Municipality of Durham, dealing with recommendations of the Waste Management and Planning Committees of the Regional Council adopted at a meeting held on November 1, 1989, by which the Region of Durham expressed its opposition to the inclusion of Section 144(3) of the Regional Municipality of Durham Act in the Consolidated Hearings Act; WHEREAS the Minister of the Environment advised Mr. Lundy that he has decided that "the appropriate course of action to follow is to instruct my legal staff to prepare the necessary paper work in order to include Section 144(3) of the Regional Municipality of Durham Act in the schedule to the Consolidated Hearings Act for the purposes of the undertsking proposed by Laidlaw Waste Systems (Durham) Limited; WHEREAS Council by Resolution #C-727-89 had advised the Minister its opposition to the inclusion of Section 144(3) of the Regional Municipality of Durham Act in the schedule to the Consolidated Hearings Act because of the severe prejudice that would result therefrom to the Town; WHEREAS Council is disappointed that the Minister has chosen to follow a course of action which prefers the interest of a private company, Laidlaw Waste Systems (Durham) Limited over the legitimate interests of the Town and the Region and reminds the Minister that it is the Town which has the authority under the Regional Municipality of Durham Act to make the initial decision regarding the question whether and, if so, under what terms and conditions any landfill is to be established or expanded in the Town in order to protect the interests of the residents of the Town and the taxpayers of the Town. NOW THEREFORE BE IT RESOLVED BY THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS: 1. THAT the Honorable James Bradley, the Minister of the Environment be advised of Council's great disappointment in his decision which appears to Council to favour the expedition of the establishment of an expanded landfill at Laidlaw's site in the Town of Newcastle over the legitimate interests of residents and taxpayers of the Town. 2. THAT Council urge the Minister to reconsider his decision and to reject the application to him made by Laidlaw Waste Systems (Durham) Limited that Section 144(3) of the Regional Municipality of Durham Act be included in the schedule to the Consolidated Hearings Act. Council Minutes \.,.. COMMUNICATIONS ~ D - 1 Discussion Paper - A.M.O. 35.72.2. ....... - 8- February 26, 1990 3. THAT the Honorable David Peterson, the Premier of Ontario be requested to use his good offIces urgently to persuade the Minister of the Environment to reverse the decision that he has taken as expressed in his letter to Mr. C.W. Lundy referred to above in the interests of the residents and taxpayers both of the Town and of the Region. 4. THAT a copy of this Resolution be sent to: The Honorable David Peterson Premier of Ontario The Honorable James Bradley Minister of the Environment Mr. CW. Lundy Regional Clerk Laidlaw Waste Systems (Durham) Limited Mr. D. Scott President, Committee of Clarke Constituents. 'CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #G-146-90 Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the correspondence dated February 8, 1990, from Grant Hopcroft, President, Association of Municipalities of Ontario, requesting the Town of Newcastle's comments with respect to the proposals for the clarifIcation of roles and responsibilities and a new transfer payment system for Ontario's Municipalities be received and referred to the Treasurer for the preparation of a report to be considered by the General Purpose and Administration Committee at their meeting scheduled to be held on March 19, 1990. I'CARRIED" Council Minutes "" COMMUNICATIONS D - 2 Recycled Paper Products 10.2.3. D - 3 Special Occasion Permit - Mosport Park 56.12.6. ....... ~ - 9 - February 26, 1990 Resolution #G-147-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the correspondence dated February 9, 1990, from Helen MacDonald, requesting that the Town of Newcastle consider the use of recycled paper products for all stationery requirements be received and referred to the Treasury Department for review and consideration; and THAT Helen MacDonald be advised of Council's decision. "CARRIEDI1 Resolution #C-148-90 Moved by Councillor Hamre, seconded by Councillor Deegan THAT the correspondence dated February 9, 1990, from Matilda Varga, Office Manager, Mosport Park Limited, requesting that Council authorize the issuing of a letter approving the issuance of a Special Occasion Permit for the following dates: May 19 - 21 June 1 - 3 June 22 - 24 June 29 - July 1 Victoria Day Sprints Budweiser Motorcycle Grand Prix I.M.S.A. (International Motorsports) The Beckers/Canada Dry President's Trophy Races 24 Hour Weekend The SCCA Labour Day Nationals Trans-Am Weekend August 10 - 12 September 1 - 3 September 7 - 9 be received; THAT the Clerk be authorized to issue a letter advising that Council has no objection to the issuance of a Special Occasion Permit; and THAT Matilda Varga be advised of Council's decision. "CARRIED" Council Minutes - 10 - February 26, 1990 ~ COMMUNICATIONS D.4 Resolution #C-149-90 CJRD-FM Radio Durham 35.23.99. Moved by Councillor Hooper, seconded by Councillor Deegan THAT the correspondence dated February 13, 1990 from Robert J. Marshall, CJRD- FM Radio Durham requesting Council's support in their licence application before the Canadian Radio-television and Telecommunications Commission (CRTC) be received; THAT the request of Mr. Marshall be approved; THAT the Clerk forward a letter to Mr. Fernand Belisle, Secretary General of the Canadian Radio-television and Telecommunications Commission, confIrming Council's support of this application; and THAT Robert J. Marshall be advised of Council's decision. 'CARRIED" D - 5 Resolution #C-150-90 ~ New Homes Month 10.2.11. Moved by Councillor Stapleton, seconded by Councillor Wotten THAT the correspondence dated February 7, 1990 from Frank Veltri, Oshawa Durham Homebuilders Association, requesting that April 1990 be proclaimed ''New Homes Month '90" in the Town of Newcastle be received; THAT April 1990 be declared "New Homes Month '90' in the Town of Newcastle and advertised in accordance with Town Policy; and THAT Frank Veltri be advised of Council's decision. "CARRIED!! D - 6 Resolution #C-151-90 Tornado Awareness Moved by Councillor Hamre, seconded by Councillor Wotten 35.31.17. THAT the correspondence dated February 5, 1990 from Steven Offer, Solicitor General regarding Tornado Awareness be received and referred to staff for review and preparation of a subsequent report on the state of the Town of Newcastle's Emergency Preparedness. "CARRIED'! ~ Council Minutes - 11 - February 26, 1990 '-' COMMUNICATIONS '-' "" D - 7 Participaction Challenge 10.10.99. D - 8 Durham Central Agricultural Fair 1989 Grant 10.57.11. D - 9 Sidewalk Construction Newcastle Village 35.60.9. Resolution #C-152-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the correspondence dated February 2, 1990, from Mayor James Y. Witty, Town of Ajax, challenging the Town of Newcastle to compete with the Town of Ajax in the 1990 Participaction Challenge be received; and THAT Mayor Witty be advised that the Town of Newcastle has previously accepted a challenge from the Town of Pickering and will also enthusiastically accept the challenge of the Town of Ajax. "CARRIED' Resolution #C-153-90 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the correspondence dated February 14, 1990, from Grant Yeo, President, Durham Central Agricultural Fair Board, requesting Council's consideration in addressing a $5,000 operating difference for the year 1989 be received; THAT the necessary funds to assist the Durham Central Agricu1tural Fair Board be included in the Contingency Account #7007-X-298 in the 1990 budget; and THAT Grant Yeo be advised of Council's decision. tlCARRIEDlI Resolution #C-154-90 Moved by Councillor Deegan, seconded by Councillor Stapleton THAT the correspondence dated February 15, 1990, from Robert Griffm, Chairperson of Newcastle B.I.A., requesting sidewalk construction on King Street in the Village of Newcastle be received; THAT the correspondence be referred to the Director of Public Works for review and subsequent report to be considered by the General Purpose and Administration Committee; and THAT Robert Griffm be advised of Council's decision. "CARRIED" Council Minutes - 12 - February 26, 1990 '-' COMMUNICATIONS ~ ...... D - 10 Five-Star Community Awards 35.49.99. D-11 Siting Task Force 35.23.14. D - 12 National Physiotherapy Week 10.2.11. REPORTS Report #1 G.P.A. Report of Feb. 19/90 Resolution #C-155-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the correspondence from Gerry Weiner, Secretary of State of Canada, with respect to the Five-Star Community Awards Program be received; and THAT staff contact Mr. Weiner and request the Guide Book and Application Form for applying for a Five-Star Community Award. IICARRIED11 Resolution #G-156-90 Moved by Councillor Stapleton, seconded by Councillor Hooper THAT the correspondence dated February 20, 1990, from Paul Rennick, Chairman, Siting Task Force, requesting additional nominations for members of the Community Liaison Group be received; and THAT the correspondence be referred to the Town's Environmental Groups seeking their input for additional nominations. "CARRIED" Resolution #C-157-90 Moved by Councillor Deegan, seconded by Councillor Wotten THAT the correspondence dated February 19, 1990, from Joan Dunnigan, P.R. Consultant, Memorial Hospital, requesting that the Town proclaim the week of March 18 - 24th 1990 as "National Physiotherapy Week" be received; THAT the week of March 18 - 24th 1990 be proclaimed "National Physiotherapy Week" and advertised in accordance with Town Policy; and THAT Joan Dunnigan be advised of Council's decision. 'CARRIED" Resolution #C-158-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT the General Purpose and Administration Committee Report of February 19, 1990, be approved with the exception of Items #3(a), # 11, and # 18. "CARRIED'! Council Minutes '- REPORTS \. '" Item #3(a) Bowling Green Developments 60.35.571. Item #11 Ganaraska Headwaters 35.31.10. - 13 - February 26, 1990 Resolution #C-159-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Report PD-68-90 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law, as amended, submitted by Bowling Green Developments, be referred back to stafffor further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; THAT the applicant schedule and chair a meeting with Town Staff and area residents in an attempt to resolve their concerns; and THAT a copy of Council's decision be forwarded to the delegations and interested parties attached to Report PD-68-90. "CARRIED" Resolution #C-160-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Report PD-62-90 be received; THAT Report PD-62-90 be forwarded to the Ministry ofthe Environment as the Town's position with respect to the recommendations contained within the Ontario Environmental Assessment Advisory Committee's Report No. 38 to the Minister; and THAT the Region of Durham Planning and those persons listed in Report PD-62-90 and any delegation be advised of Council's decision. "CARRIED ON THE FOlLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor P. Deegan Councillor D. Hamre Councillor L. Hannah Councillor K Hooper Councillor F. Stapleton Councillor A. Wotten Mayor Hubbard ....... .... "" Council Minutes REPORTS Item #18 Removal of Snow From Sidewa1ks 77.2.8. Report #2 Senior Citizens Centre Steering Committee Minutes 35.60.31. Report #3 Parks Policy Committee Minutes 35.60.30. - 14 - February 26, 1990 Resolution #C-161-90 Moved by Councillor Hamre, seconded by Councillor Wotten THAT Report WD-16-90 be received; THAT the implementation of a snow clearing program for senior citizens be denied; and THAT a copy of Report WD-16-90 be sent to Mrs. Sexsmith and Community Care and they be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Hamre Councillor Hannah Councillor Stapleton Councillor Wotten Mayor Hubbard Councillor Deegan Councillor Hooper Resolution #C-162-90 Moved by Councillor Deegan, seconded by Councillor Hamre THAT the minutes of a regu1ar meeting of the Senior Citizens Centre Steering Committee of February 16, 1990, be received for information. "CARRIEDII Resolution #C-163-90 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the minutes of a regular meeting of the Parks Policy Committee held on February 16, 1990, be received for information. "CARRIED" Council Minutes ....... BY-LAWS '-' \r - 15 - February 26, 1990 Resolution #C-164-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first time: 90-38 being a by-law to appoint an Acting Mayor and to repeal By-law 90-10; 90-39 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle (Hall!Milligan); 90-40 being a by-law to authorize the entering into an Agreement with the Owner of Plan of Subdivision 18T -89044 and the Corporation of the Town of Newcastle for the development of Plan of Subdivision 18T -89044 (Templeton-Lepek); 90-41 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Templeton-Lepek); 90-42 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Lincoln Holdings); 90-43 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle (Meima); 90-44 being a by-law to amend By-law 84-63, the comprehensive Zoning By-law of the Corporation of the Town of Newcastle (J. Schwarz); 90-45 being a by-law to appoint a By-law Enforcement Officer and to repeal By-law 89-97. 'CARRIED" Resolution #G-165-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the second reading of the following by-laws be approved: 90-38; 90-39; 90-40; 90-41; 90-42; 90-43; 90-44; 90-45. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Minutes ....... BY-LAWS OTHER BUSINESS ~ Darlington Generating Station 68.2.5. '- - 16 - February 26, 1990 Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-166-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the third and fInal reading of the following by-laws be approved: 90-38; 90-39; 90-40; 90-41; 90-42; 90-43; 90-44; 90-45. "CARRIED" Larry Kotseff, Chief Administrative Officer, presented to Council a brief overview of the A.E.C.B. Hearing held on February 22, 1990, at which Ontario Hydro applied to start their fll'st reactor at the Darlington Nuclear Generating Station to 100% power. Resolution #C-167-90 Moved by Councillor Stapleton, seconded by Councillor Wotten WHEREAS Ontario Hydro has published a Demand/Supply Plan Report setting out proposals to ensure that a continuing reliable electricity supply is provided in Ontario. That Report and its Environmental Analysis, have been submitted for review under the Environmental Assessment Act; WHEREAS the approval being requested in Chapter 19 of the Demand/Supply Plan Report pertains in part to the requirement and rationale for specifIed generation and transmission facilities, including nuclear, fossil and hydraulic generation including the possible construction and operation of Phase B of the Darlington Nuclear Generating Station; WHEREAS the Demand/SupplylPlan Report refers as well to the conditions under which Ontario Hydro may be remitted to construct and operate amongst other things Nuclear Generating Plants, including the relationship of Ontario Hydro to the host municipality and certain matters that may be addressed in a community impact agreement between the host municipality and Ontario Hydro; Council Minutes ....... OTHER BUSINESS ~ '-' - 17 - February 26, 1990 WHEREAS the Town has experienced great diffICulties in obtaining compliance by Ontario Hydro with Provincial Laws including the Ontario Building Code Act, the Ontario Building Code, the Ontario Fire Marshal's Act, and the Ontario Fire Code and has also experienced great difficulties in securing performance by Ontario Hydro of its obligations under agreements with the Town relating to the impact of Darlington Nuclear Generating Station "A" on the Town; WHEREAS the Town's experiences and concerns in this regard should be brought to the attention of the Environmental Assessment Board insofar as they relate to the possible Darlington Nuclear Generating Station Phase "B"; WHEREAS the Environmental Assessment Board has scheduled a preliminary hearing to take place on April 4, 1990 for the purpose of dealing with preliminary and procedural matters relating to Ontario Hydro's application including but not restricted to the identifIcation of all parties and iasues; WHEREAS it is expedient for the Town to participate in appropriate portions of the hearing of the application as a party to the proceedings: NOW THEREFORE BE IT RESOLVED BY THE COUNCil.. OF THE CORPORATION OF THE TOWN OF NEWCASTLE: 1. THAT the Town's Solicitor acting on the instructions of the Mayor and Chief Administrative Officer be authorized to appear at the preliminary hearing of Ontario Hydro's application for approval under the Environmental Assessment Act as set out in Chapter 19 of the Demand/SupplylPlan Report, seek party status and make representations to the Environmental Assessment Board in order to protect the Town's interests in the matter; and 2. THAT the Town's Solicitor be authorized to represent the Town in the hearing of the said application by Ontario Hydro and to take all necessary steps and make all necessary representations in order to protect the Town's interest in the matter. 'CARRIED ON THE FOlLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Council Minutes '-' OTHER BUSINESS Waterfront Development Proposal ~ O.P. McCarthy Rezoning 89-104 60.35.496. '- - 18 - February 26, 1990 Resolution #C-168-90 Moved by Councillor Deegan, seconded by Councillor Wotten THAT the Council of the Town of Newcastle approve in principle the development proposal related to the Bowmanville Waterfront comprised largely of a hoteVresort tourist complex; THAT the applications related to the proposal be referred to Mr. David Crombie, Commissioner of the Future of the Greater Metropolitan Toronto Waterfront for review and endorsement; and THAT the Regional Municipality of Durham assist in expediting consideration of the above. 'CARRIED ON THE FOLLOWING RECORDED VOTE' Recorded Vote Yea Absent Nav Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Mayor Hubbard made a decIaration of interest with respect to By-law 89-104, passed by the Council of the Town of Newcastle on June 26, 1989, vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hubbard indicated that she resides across the street from the subject site. Councillor Deegan chaired this portion of the meeting. Resolution #C-169-90 Moved by Councillor Hooper, seconded by Councillor Hannah WHEREAS By-law 89-104 was passed by the Town of Newcastle under Section 24 of the Planning Act; WHEREAS at a later date it was found that the Act had been changed and that this by-law should not have been passed until the Region of Durham had passed the Official Plan Amendment; WHEREAS the by-law does not clearly state that it requires the 1400 square meters of Commercial Floor space be contained within one bnilding; Council Minutes '-' OTHER BUSINESS ~ '" - 19 - February 26, 1990 WHEREAS on January 26, 1990, amendment #32 to the Town of Newcastle OffICial Plan was approved by the Minister of Municipal Affairs and By-law 89-104 is now in conformity with the Official Plan; and WHEREAS this Council recognizes that the by-law should not have been passed ahead of the Region's approval of the Official Plan Amendment and that it was always Council's intent of the by-law to include the commercia1 portion within one building; NOW THEREFORE BE IT RESOLVED THAT THE COUNCil.. OF THE TOWN OF NEWCASTLE request the Regional Planning Committee to withdraw the Commissioner of Planning's appeal to the O.M.B. as it only relates to a technical matter and not a planning matter and that a copy of this resolution be sent to the next Regional Planning Committee Meeting. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Declaration of Interest Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Mayor Hubbard Councillor Deegan Councillor Wotten Mayor Hubbard resumed the chair. Resolution #C.170-90 Moved by Councillor Deegan, seconded by Councillor Wotten THAT the request from the Bowmanville Creek Anglers Association to erect a banner to announce the Championship Steelhead Tournament at Bowmanville Creek, on Sunday, April 8, 1990, be received and referred to the Community Services Department with the power to act. "CARRIED!! \... ~ \w Council Minutes - 20 - February 26, 1990 CONFIRMING BY-LAW Resolution #C-171-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT leave be granted to introduce By-law 90-46, being a by-law to confIrm the proceedings of the Council of the Town of Newcastle at this meeting held on the 26th day of February 1990, and that the said by-law be now read a fIrst time. ItCARRIED" Resolution #C-172-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the second reading of By-law 90-46 be approved. 'CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-173-90 Moved by Councillor Stapleton, seconded by Councillor Hannah THAT the third and fInal reading of By-law 90-46 be approved. nCARRIED" '-' '-' ~ Council Minutes ADJOURNMENT - 21 - February 26, 1990 Resolution #G-174-90 Moved by Councillor Wotten, seconded by Councillor Stapleton THAT the meeting adjourn at 9:24 p.m. I'CARRIEDll ~Iul tLd--t~ MAYOR ,)