HomeMy WebLinkAbout12/18/1961
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The last regular session of 1961 Council convened at 8:00
p.m. on Monday, December 18th, with His Worship Mayor
Carruthers in the Chair.
Present:
Reeve Little, Dep-Reeve Hobbs, Councillors Stevens,
Presson, Hughes, Fice, Oke.
Abesent:
Councillor Nicks.
1. MINUTES
2.
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Moved by Con. Fice and Hughes:
That the minutes of the meeting held on Tuesday, December
5th, 1961, be confirmed and adopted. carried.
COMMUNICATIONS.
Murray E. Tabb.
"We, as taxpayers on High & Third Streets do hereby strongly
object to the proposed widening and/or deepening of any open
ditch or ditches on the aforesaid streets for the purpose of
draining water that would normally cross High Street at Fourth
Streets and again strongly object to the proposed removal of
the culvert across High St. at Fourth St. for these reasons:
Firstly - Any deepening of these ditches would be very danger-
ous to the 200 pupils who attend Lord Elgin School who are of
the younger school ages (Kindnergarten to Grade 5) and to the
still younger children who live on these streets. These ditches
are bound to fill with water and slush, it being a narrow
street as it is, and children are prone to walking on thin ice.
Please consider the safety of our children before all others.
Secondly - The removal of the culvert now carrying water across
High Street at Fourth Street will be in our opinion, an unlaw-
ful act and will be strongly objected to by lay if necessary
according to Municipal Act (Water Courses & Drainage Ditches,)
Some years ago Darlington Township done much the same think on
a township road near Maple Grove School, their actions were
contested and they were ordered to fill the ditch in to its'
former contour and replace the culvert across the township
road and a ward ditch was formed across the farmers field.
Mow we do not wish to add further expense to our already
heavy debt, but trust our worthy Council will use every
honourable means to correct this nasty situation. If High
Street is the natural water course, why is it necessary to
dig a 3'6" ditch down said street, when no ditch is required
across the filed? Perhaps if all members of Council were to
visit this site as a group, they could form their own opinion.
Please convey this rather lengthy brief to our Council."
A.A. Strike.
llThis letter is further to the writer's recent conversation
with you concerning the proposed High Street drainage problem
in which you advised that you had received a letter of object-
ion to the proposed drain on High Street from nay of the resid-
ents on High Street and Third Street.
Mr. Sylvester's previous report in which he indicated that water
was being disbharged on Mr. Cawker's property by unnatural means
seems to at least have been questioned by other ratepayers and
also other professional evidence as to the actual drainage of
the area.
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In our opinion the Town should not proceed further in this
matter without giving the objecting ratepayers an opport-
unity of being heard. Actually there is authority in Section
377, paragraph 15 of the Municipal Act for Council to pass a
by-law concerning the drainage work and either assessing the
cost against the rateable property in the area affected or
charging it to the general rate if it is of a minor nature.
However, if the natural flow of the water through the Cawker
lands is being interrupted (which Mr. Sylvester said was not
the case) and diverted down the west side of High Street to
the South side of Third Street there could be some liability
on the Town if the water caused damage to some of the prop-
erties on the south side of Third Street.
Another method of remedying the situation is under the Munic-
ipal Drainage Act or for that matter under the Local Improve-
ment Act by petition which Mr. Cawker or the interested rate-
payers could present.
Finally there is provision in the Ditches and Watercourses
Act for settlement of drainage problems either by agreement
between the parties concerned or with the assistance of a
Municipal Engineer appointed by the Town who would conduct
a hearing and make a decision. .This procedure is for minor
drainage problems, the cost of which is not to exceed $2500.
Since there now appears to be two sides to this matter which
should be heard, we would suggest that the Town withold action
and let the parties concerned proceed under the Ditches and
Watercourses Act. We feel that Council is really being asked to
pass judgment on something which should rightfully be a job
of a fully qualified engineer who would conduct a hearing
under the Ditches and Watercourses Act."
Moved by Con. Presson and Hughes:
That in view of the Town Solicitors oplnlon dated Dec-
ember 18th, we rescind the resolution passed on October
30th, 1961, respecting item no. 2 re: Cawker Drainage Problem.
Motion carried.
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Moved by Dep-Reeve Hobbs and Con. Stevens,
That a copy of the Town's Solicitor's report respecting
High Street drainage be submitted to the individuals concerned
for their study and necessary action.
carried.
2. C. Vanstone
"I live at 90 Queen Street in Bowmanville in the Author Apts.
No. 4 Walker. And I could not possible get my car up my drive-
way to park it, because of it being so steep a hill. And I am
afraid it will tear out the bottom of the car. I would like
permission to park there on the side of the road that has three
hour parking from 9:am to 7:p.m. without the bother of tickets."
Moved by Con. Stevens and Reeve Little:
That we advise Mr. Vanstone that to
would be contrary to the Town's Traffic
exceptions can be made in this respect.
acceed to his request
By-Law, and that no
carried.
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3. A.A.H. Strike.
Re: Museum Board.
"Following the writer's attendance with members of Council
and the Museum Board last Monday evening, we enclose here-
with the following:
1. Draft by-law in duplicate, tcgether with four office copies.
2. Resolution in duplicate together with four office copies.
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The enclosed by-law relates merely to the establishment of the
park and museum and does not go into detail as to the number
of Board Members and their functions etc. as suggested by Mr.
Gooding. We would draw your attention to the fact that we have
used the actual wording in the deed as to the establishment
of a park and museum, it being the attitude of a number pres-
ent at the meeting, that the park and public idea of the organ-
ization should not be lost. sight of. It might be well to con-
firm the use of the wird "park" with the IVlayor and the Chair-
man of the Board, and if it is objectionable it can easily be
deleted.
The enclosed resolution merely confirms what Council did in
February, appointing a Board of Management for the Maseum,
although we realize only seven members are permitted under
the statute as it stands. You. will note that the appointment
is only for the year 1961 and that new appointments should be
made in 1962 when other customary appointments are make early
in January.
We would also point out that we regard the enclosed by-law and
resolution as a means of putting affairs of the Museum Board
in order for the time being in order to qualify it or the Town
for grants in 1961. There should be a further meeting of members
of Council and the Museum Board to discuss among other things
the following matters:
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1. A formal name which should be inserted in the regulatory
by-law.
2. The actual size of the Board with the possibility of some
of the present members becoming officers.
3. The working out of a proposed annual budget by the Board.
4. The actual relationship between the Board and Council fin-
ancially for governing the payment of the income from
investments, plus any capital for repairs and improvements
to the building and grounds.
We are forwarding a copy of this letter together with a copy
of the by-law and resolution to Hiss Apha 1. Hodgins, who is
on the Board, and who is quite familiar with the circumstances
of the gift by Mrs. Williams and the sale of the Jury Estate
property. "
Moved by Dep-Reeve Hobbs and Con. Oke:
That the letter from Mr. A. Strike, dated December 15th,
1961, respecting the Museum Board be received and filed.
carried.
3. REPORTS.
1. Report re: Sub-division AgrBement.
Moved by Dep-Reeve Hobbs and Con. Hughes:
That the report respecting revision of the sub-division
agreement By-Law be received and adopted, the same be now
referred to the Town's Solicitor for preparation of a formal
standard form for presentation to Council.
Carried.
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Moved by Con. Stevens and Presson:
That the Solicitor be requested to study the feasability
and legality of replacing the present $4.00 per foot frontage
charge with a fixed $250.00 per lot payment to be applied by
the Corporation towards the increasing capital costs due to
residential development.
carried.
2. Report re: F. deJong request for new street.
Moved by Dep-Reeve Hobbs and Con. Stevens:
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That the report of the special committee re: F. deJong's
request for a new street be confirmed, and,
That the Town's Solicitor be requested to prepare the
necessary by-law and that the Building Inspector be author-
ized to issue tho building peroit in this request.
carried.
3. His Worship, The Mayor presented a verbal report of his
discussion of the Industrial Site Agreements with the Town's
Solicitor. Following a lengthy discussion it was:
Moved by Dep-Reeve Hobbs and Con. Oke:
That the Clerk discuss this further with the property
owners, to agree on principal, extension of the term, and
the completion date be left open until everything is sett-
led and also not to apply to have this property re-zoned to
Residential. carried.
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4. Frank Street.
Moved by Con. Stevens and Reeve Little:
That the Clerk be instructed to prepare an agreement
for Mr. J. Hendry to sign regarding Frank Street, to include
paving of road, curbs, sidewalks, storm sewer. Street lights
to be excluded. carried.
4.
NEW & UNFINISHED BUSINESS.
1. Traffic Controls.
Moved by Con. Stevens and Fice:
That the Town offer the City of Oshawa $125.00 for complete
control for traffic lights. carried.
2. Storm Sewers & Catch Basins.
Moved by Con. Stevens and Hughes:
That the Road Superintendent & Building Inspector prepare
a plan outlining the Storm Sewers and patch Basins, also Catch
Basins draining into the Sanitary Sewers.
carried.
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3. Museum.
Moved by Con. Presson & Dep-Reeve Hobbs:
That Whereas the Council of this Corporation did at its
regular monthly meeting held on the nineteenth day of Feb-
ruary, 1961, appoint a Board of Management to operate and
manage the Bowmanville r1useum donated the Town by Mrs.
Sarah Jane Williams.
And Whereas the resolution appointing the said Board has
been misplaced or lost and Council is desireous of confirming
the said appointments,
Now Therefore be it resolved that the appointment of the
following be confirmed as the members of the Bowmanville
Museum Board for the year 1961:
Andrew M~ Thompson, Dr. John E. Hendry, W. Bert Syer,
Percy E. Greenfield, Miss Apha I. Hodgins, Mrs. Melville
Wiseman, Mrs. Elsie Lunney and Councillors Owen James Presson
and Kenneth Nicks.
carried.
Moved by Con. Hughes and Oke:
That the donor of the Museum, Mrs. Sarah Williams and the
Museum Board be approached with a view that the Town may use
part of the Park land as it may seem fit, at some future date
for the purpose of a Library Building.
carried.
4. Cawker Drainage.
Mr. T.W.Cawker addressed Council stating if his property is
flooded from water on High Street next Sprint, that he will
bill the Town for damages done in the past three years.
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5. Meeting.
Moved by Dep-Reeve Hobbs and Reeve Little:
That if a Board of Works meeting is necessary it be left
with the Mayor and Clerk to decide. carried.
6. Arena Property.
Reeve S. Little reported that the land to the rear of the Arena
is being used as a dump and stated this should be stopped immed-
iately and also it should be cleaned up.
Moved by Reeve Little and Con. Hughes:
That the Town erect "No Dumping" signs at the rear of
the Arena. carried.
7. Nuisances.
Moved by Dep-Reeve Hobbs and Con. Fice:
That the Clerk be instructed to put an ad in the local
paper re: burning of demolition from old buildings and the fine
that can be imposed. This is covered under the National Build-
ing Code which is incorporated in the Town Building By-Law.
carried.
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8. Snow Removal.
Moved by Con. Stevens and Oke:
That the Clerk be
regarding the moving of
instructed to put an ad in the
cars durin~ snow reooval.
carried.
papdr
5. BY-LAVIS
Moved by Dep-Reeve Hobbs and Reeve Little:
1.
That ~eave be granted to bring in the following by-laws:
A b"-l~w to authorize the ila'!or cmd Clerk to execute
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and affix the Corporation Jeal to a certain lease be-
tween the ::;orporation of t~le Tow1 of BO"'ffi2,nville and
The Memorial Park Association.
2.
A by-law to establish a park &nd museum.
Moved by Reeve Little and Dep-Reeve Hobbs:
That the by-laws be read a first time, referred to
Council in Committee of the Whole, and read a second time,
Mayor in the Chair. darried.
Moved by Con. Presson and Hughes:
That we rise and report the successful second reading
of the by-laws in Committee of the Whole. carried.
Moved by Con. Hughes and Fice:
That the report of Council in Committee of the Whole on
the By-Laws be received and adopted, the same be now read a
third time, engorssed, signed by the Mayor and the Clerk,
Sealed and Numbered as follows:
1. A by-law to authorize the Mayor and Clerk to execute and
affix the Corporate Seal to a certain lease between the
Corporation of the Town of Bowmanville and the Memorial
Park Association. ......... No. 1829.
2~ A By-law to establish a park and museum.
......... No. 1830.
carried.
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As this was the last meeting for Mayor W. Carruthers, he
wished the incoming Council for 1962 every success.
Moved by Dep-Reeve Hobbs and Reeve Little:
That the meeting adjourn at 10:20 p.m.
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MAYOR.
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CLERK.
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