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HomeMy WebLinkAbout03/06/1961 . . . . ~.~ . A regular meeting of the Bowmanville Town Council was held on March 6th, at 8:00 p.m. in the Council Chambers. All members present with His Worship Mayor Carruthers in the Chair. ADOPTION OF rUNUTES The minutes of the meetings dated February 7th, 20th, and 28th, were adopted on motion of Con. Stevens and Deputy-Reeve Hobbs. DELEGATIONS 1. Mr. E. Rundle appeared before Council and requested some guidance with respect to the 1961-62 Little N.H.L. He advised that the Town of Cobourg wishes to entertain this event in 1961. Following discussion it was: ,/ Moved by Councillors Stevens and Fice; That v1r. E. "undle be authorized to negotiate with the Town of Cobourg the waiving of the opportunity of acting as host for the 1961-62 Little N.H.L. carried. 2. Mr. H. Burgess - Chapel Street, appeared before Council and re- quested information as to the status of a road allowance to serve his property. He was advised that as yet no decision has been ~ reached, however following further investigation by Council he would be advised of their findings. CORRESPONDENCE v/ 1. A request was received from the Town of Whitby for Council's en- dorsation of the following resolution: "NOW THEREFOHE, this Council respectfully suggests to the Ontario Legislature that when it is revising the Municipal Act, represent- ation by population be made law without the restrictions contained in Section 26, Subsection 2 of the Municipal Act, R.S.O. 1960." Following discussion of this resolution it was: Moved by Deputy-Reeve Hobbs and Reeve Little: That the Clerk be Whitby in an effort this resolution for being made. instructed to communicate with the Town of to obtain further information in regards to the benefit of Council prior to any decisions carried. 2. Department of Commerce & Development. W.W.Scott, Director, Housing Branch, Department of Commerce & Development advises that he would attend the next regular meet-lf ing of the Works Committee being held ~1arch 28th/61. 3. Ontario Municipal Purchasing Agents' Association. A suggestion by the O.M.P,A.A. that the Town subscribe to a / membership of this Association for 1961 at a fee of ~lO.OO was: I Moved by Councillors Nicks and Hughes; That the membership fee of ~lO.OO be 1961. paid to the O.M.P.A.A. for carried. -. . . 1. . . ~5 . - 2 - REPORTS 1. Moved by Councillors Lathangue & Nicks: That the Works Department Report for and filed. January, be received carried. 2. Moved by Reeve Little and Con. Hughes; That the Welfare Report for February, be received and filed. carried. 3. Moved by Councillors Nicks and Presson; That the Industrial Commission Report for February, be re- ceived and filed. carried. 4. Moved by Councillors Presson and Stevens: That the Police Department Report for February, be received and filed. carried. 5. Moved by Councillors Stevens and Fice: That the Dog Control Report for February, be received and filed. carried. 6. Moved by Reeve Little and Con. Nicks: That the Northumberland-Durham Health Unit Report for January, be received and filed. carried. 7. Moved by Deputy-Reeve That the Building and filed. Hobbs and Con. Lathangue: Inspector's Report for February, be received carried. REPORTS OF CO~~1ITTEES Moved by Councillors Lathanuge and Stevens, That the Board of Ilorks Hinutes dated February 28th, as printed, be and the same are hereby adopted. carried. 2. Deputy-Reeve Hobbs advised that the Finance Oommittee had met on numerous occasions in the preparation of estimates for 1961. ACCOUNTS Moved by Deputy-Reeve Hobbs, Seconded by Con. Lathangue, That the Accounts Paid Prior in the total amount of $82,917.43 be and are hereby accepted for payment. Carried. . . ~h - 3 - Moved by Con. Lathangue, Seconded by Con. Stevens, That the accounts of the Roads & amount of $2,779.24 be and are hereby Streets in the total accepted for payment. carried. Moved by Deputy-Reeve Hobbs, Seconded by Con. Lathangue, ~ That the accounts of the Finance Committee in the total amount of ~~3081.97 be and are hereby accepted for payment. carried. Moved by Con. Stevens, Seconded by Con. Lathangue, That the Accounts of the Dog Control in the total amount of $35.81 be and are hereby accepted for payment. carried. . Moved by Con. Fice, Seconded by Con. Hughes, That the account~ of the Fire Department in the total amount of $117.51 be and are hereby passed for payment. carried. Moved by Con. Presson, Seconded by Con. Lathangue, That the accounts of the Police Department in the total amount of $476.23 be and are hereby accepted for payment. carried. . Moved by Con. Hughes, Seconded by Con. Fice, That the accounts of the Public Property in the total amount of $712.18 be and are hereby accepted for payment. carried. Moved by Reeve Little, Seconded by Deputy-Reeve Hobbs, That the accounts of the Relief Department in the total amount of $741.70 be and are hereby accepted for payment. carried. NEW BUSINESS Annis Property A report was received from 11r. W. T. Dempsey, P. Engineer, which advised of the condition of this building as follows; . 1. New cracks have appeared in the foundation walls since the previous inspection. 2. In many places the interstices in the rubble foundation walls are filled with ice indicating that water has been seeping into these walls. The expansion of the ice would of course, further weaken any mortor bond which remains in these walls. . . ~:l - 4 - 3. A new crack, ( or splitting) was observed in the sheeting covering a wooden post, indicating a movement of this post and the structure which it supports. 4. Large pieces of cove plaster have fallen off since my last inspection. 5. Bricks have fallen out of the exterior wythe of the masonry walls since November 30th, showing that the deterioration of these walls is continuing. Conclusion: It was my oplnlon that the above noted building was unsafe on November 30th, 1960. There is definite evidence of a further weakening of this structure in the 3 month interval between the two inspections." . In this connection, the following observations were subDlitted by Strike & Strike, Solicitor for Town of Bowmanville; "As requested by ar. Glen Hughes, we enclose herewith draft by- law in triplicate concerning the tearing down of the Holgate Building because of its unsafe condition. The authority for such a by-~aw is the Planning Act R.S.O. 1950, Chapter 296, Section 31 (1), _aragraph 16 which reads as follows: "(1) By-laws may be passed by Councils of Hunicipalities: 16. For authorizing the pulling down or repairing or renewing at the expense of the owner, of any building, fence, scaffolding or erection that, by reason of its ruinous or dilapidated state, faulty construction or otherwise, is in an unsafe condition as regards danger from fire or risk of accident." From perusing the relevant legislation and reviewing the facts of this matter, we would comment as follows: . 1. There is a very heavy onus on the Town proving that there is an unsafe condition which creates danger of accident since of course the Town is dealing ,vith a citizen's property. 'vie have read Mr. Dempsey's recent letter stating that in his opinion the property is unsafe and is in a worse condition than it was on his previous inspection in November. We understand that ~'[r. D(Ompsey has advised that a storm would probably result in the walls being blown in and that he is of the opinion that the building should be torn down. In order to protect the Town we would prefer his language in letter form, to be a little stronger to the effect that the cracks are widening and that there is great, if not eminent danger of the walls collapsing. It may be that Mr. Dempsey has given the Town sufficient assurance cerbally to proceed with the passing of the by-law but you should be assured that he is prepared to testify in the Town's behalf if it becomes necessary. 2. We note that paragraph 16, section 31 (1) of the Planning Act provides only for the pulling down and not removing of a build- ing in a dilapidated state whereas paragraph 15, which .epls with buildings erected contrary to a by-law, authorizes the pulling down or removal of buildings constructed in contravent- ion of the Zoning By-Law. This leads us to comment that there nay be no authority for actual removal of the building, alth~u6h sufficient of the material would have to be removed so as not to leave the premises in a dangerous state. . . . . . . ~f' ,) --1+- . J. It would seem necessary in order to leave tqe premises in a state of safe repair to remove a great deal of the building material and if some salvage allowance results to the Town, the actual expense will less. However, if there is much by way of salvage in the removal aspect, we suggest that the owner be given very definite say as to salvage since theor- etically removal is not authorized under paragraph 16. As indicated above, theoretically, all the To,m is authorized to do is to pull down the building and se lng as it is done, and there is no danger to the public, thL, is all that should be done. It is probable that it would be better to remove most of the rubble and this in practice could probably be done with- out any objection. If you anticipate objection from the owner you might best request his consent to the removal of rubble and material by the wreckers who would have the appropriate equip- ment. 4. In the body of the by-law we have set out that copies of the by-law should be sent to the owner and i4rs. Holgate, the holder of a first mortgage on the property. We have previded for a tender by at least two wrecking firms so that there could be no objection by the owner when he is present- ed with the final bill." 5. Considerable discussion ensued in this regard, following which it was: l-1oved by Councillors Hughes & Fice; That a by-law be presented to Council entitled "By-Law to Auth- orize the Pulling Down of the Holgate Building." carried. BY- LAWS Moved by Con. Hughes, Seconded by Con. Fice, That the mover be granted leave to introduce a by-law For Auth- orizing the Pulling DOI.u of The Holgate Building. carried. Moved by Con. Presson, Seco~ded by Con. Lathangue, That the By-Law be read a first time. That Council now re- vert to Committee of the Whole for consideration of the following by-laws and be read a second time. Mayor in the Chair. 1. Second Street Watermain. 2. High Street ;latermain. J. Flett Sub-division Watermain. 4. Flett Sub-division Sanitary Sewer. 5. Liberty Street Sanitary Sewer. 6. Pulling Down Holgate Building. carried. Moved by Con. Stevens, Seconded by Con. Lathangue, That Council in Committee of the Whole no;, rise and ourably to Council the successful second reading of the discussed therein. report fav- six by-laws carried. ~ . . . . . . ,z/ ~ - ~- e Moved by Deputy-Reeve Hobbs, Seconded by Reeve Little, That the report of by-laws b~ received time, signed by the follows:- Council in Comrni ttee of the v~hole on the and adopted. The same be now read a third Mayor and Clerk, sealed and numbered as By-Law No. 1753 - Second Street Watermain. By-Law No. 1739 - High Street VJatermain. By-Law No. 1747 - Flett Sub-division Watermain. By-Law No. 1748 - Flett Sub-division Sanitary Sewer. By-Law No. 1782 - Liberty Street Sanitary Sewer. By-Law No. 1797 - Pulling Down Holgate Building. carried. UNFINISHED BUSINESS 1. Moved by Con. Presson, Seconded by Con. Hughes, That we advertise in the Oshawa ~imes and the Canadian Statesman that Tenders will be accepted on or before 4:00 p.m., Monday, March ' 13th, 1961, for demolition of the Holgate Building; to commence I forthwith following acceptance of the lowest Tender and to be com- pleted by Monday, March 20th, 1961. carried. 2. Moved by Con. Fice, Seconded by Deputy-Reeve Hobbs, That C.S. Oke be authorized to attend at the Corporation's expense, the forthcoming Annual Convention of the Assessing Officers ftssoc- iation of Ontario, being held in Hamilton, May 8th, 9th, and 10th. carried. 3. Moved by Con. Lathangue, Seconded by Con. Presson, That the Mayor, Heeve, Clerk and Assessor be designated as signing officers for the ]\lunicipality, and that any two be authorized to sign cheques on behalf of the Town of Bov~nanville. carried. Moved by Con. Hughes, Seconded by Con. Nicks, That Councillors Stevens and Fice be appointed a committee to arrange the necessary program in observance of Decoration Day. carried. Meeting adjourned at 10:00 p.m. on motion of Councillor Nicks and Reeve Little. carried. ....'O.................................................... .. MAYOR .. . . .. .. .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. CLERK