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HomeMy WebLinkAbout11/02/1959 - . . " A regular meeting ~f the on Monday, November 2nd, Bowmanville. Bowmanville Town Council was ~eld at 8:00 p.m. in the Town Hall, All members were present. Mayor w.n. Carruthers in the Chair". Moved by Councillor I. Hobbs, Seconded by Deputy-Reeve Brough, That the Council Minutes dated October 5th, October 15th, October 29th, as printed, be and the same are hereby adopted. Carried. lELEGA TIONS JIlr. H. Finney appeared on behalf of the Jehovah Witnesses to enquire as to why the building permit for the proposed church on King Street by Coleman was not granted. After considerable disucssion and explanations to him, it was : Moved by Councillor A. Stnrrock, Seconded by Councillor L. Preston, That the Town Clerk and the T~wn Solicitor give a written reply t. Mr. Finney explaining why this permit was refused. Carried. JIlr. N. Hannon appeared before Council requesting an answer t. the following letter: "I have been instructed by the Executive of the Bowmanville Ratepayers Association to write to you and ask that a vote be taken on whether or not the citizens of the town of BOMnanville desire to have an Industrial Commission. We propose that thi_ plebiscite be made along with the election of the Town Council in November. Please give this your most immediate attention and send us a reply as soon as it is possible." Moved by Deputy-Reeve Brough, Seconded by Councillor Nicks, That the request of the Ratepayers Association to have the question regarding the vote by the people on the desirability to have an Industrial Commis~ion be not granted. Carried. CORRESPONDENCE li. Department of The Secretary of State letter of October 29th/59. "I acknowledge receipt of your letter of October 26, 1959, in which you enquire concerning PORT DARLINGTON HARBOUR CO~ In reply, I have to inform you that a search ~f the records maintained by this Department does not discl'~e the federal incorporation of a company under the above name. However, our records do indicate that PORT DARLINGTON HARBOUR COMPANY was incorporated by an Act ~assed ~y the King'~~ost Excellent Majesty by and with the copsent of the Legislative Council and Assenbly of the Province of Upper Canada in 1837 - 7 William IV Chapter 49 by virt~e of an Act passed in the Parlia- ment of Great Britain which, amongst other tpings, constituted and declared PORT DAiiLINGTON HARBOUR Cill~PANY to be a body clr- porate and politic. . . . ... 2 .. This Act of incorporation was amended in 3 Victoria Chapter 37 passed by the Legislative Council and Assembly of the Province of Upper Canada repealing and amending certain parts of the Act of Incorporation. Finally, by an Act passed by the Legislative Assembly of the Province of Canada in 1856, being chapter 9 of the Statuteo, the capital stuck was increased. This is the only information which appears en our records." 2. Deputy Provincial Secretary letter dated October 27/59. "Further to previous correspondence with you herein, we would respectfully advise that in Ph. Baudouin's Index to Incorpo::-ated Bodies Private and Local Law, there is the following entry:- Port Darlington Harbour COl, incorp. by 7 W.IV, c.49, :3 Vic. c. 37;. C.56, c.9. We trust that such information may be of assistance to you." M~ved by Councillor K. Nicks, Seconded by Councillor L. Preston, That the ~lerk write ~o the Secretary of State in an effort to ~btain a copy of the Port Darlington Harbour Co. original charter. Garried. J. B~wmanville Police Association Letter of October 27/59. "In regard to our c;ontract now in effect with the Town of Bowmanville, we the Policl~ Constables will meet with the Bargaining Committee to bargain for a new agreement at your earliest convenience." 4. l<loved by Council1-o~ II Hobbs, Seconded by Councillor K. Lathangue, That the Bowmanville Police Ai'!sociation letter be a~li:epted and that they be informed thi,"t1 1Ihis is bein? referred to the 1960 Council and they will h,Jld a meeting w~ th the Foli~e Assoc. as soon as pOHsible after the first of the year. Garried. Office of the Chief Election Offic3r letter dated Oct)ber 27/59. "Thi" will acknowledge receipt of your Forms 37 and 3$ in connection with the above not3d vote. The res~lts of this vote have now been forwarded to The Liquor Licence Board and will appear in the next issue of The Ontario Gaz~tte. Moved by Councillor O. Presson, Seconded by Councillor A. Sturrook, That this be received and filed. 5. Carried. from Mrs. Helen ~I. Dustan to the corner of Concession and Permission has been received tear down an old building at High Street. Moved by Deputy-Reeve Brough, Seconded by Councillor A. Sturrock, Ttat we advertise for wrecking this building. Carried. . .. 3 .. 6. Strike & Strike letter dated November 2nd, 1959. "You have requested us to advise you concerning possible action by the Town in connection with the proposed develop- ment of a park in the valley south of Vanstone I s !vlill. First of all we wish to set out certain findings f~llowing searches in the Registry Office -- 1. The Town owns approximately 15k acres which were con- veyed to it in 1931, by George Savage Raynes. 2. The Potter property is now registered in the name of Alan G. Williams. 3. Alan G. Williams also claims ownership by virtue of possession to additional lands to the north of the Fotter property. 4. There is a certain portion of the proposed park towards the north boundary thereof to which the title is not clearly established in any name. The legal title appears to have been terminated in the Raynes estates over forty years ago. It is possible that it was the intention to include these lands in the deed to the Town in 1931. . Taking into consideration our findings set out above, the following are pre sible courses of action: 1. The Town could make application to the County Court for an order quieting title to the lands t~ which no one ha5 title and to the lands to which Williams claims title by POSO" ession. Vie do not recommend this procedure in view of the possible conflicting interests as revealed by the registered title. . 2. The Town could expropriate the additional lands requir- ed for park purposes including the Potter property, the lands claimed by Williams and the property for which there appears to be no registered ovmer, by b-law under Section 345 of the Municipal Act, or could acquits those lands under Sections 14 & 15 of the Fublic pqrks Act. In either case it would be necessary to survey the lands being acquired. 3. The final procedure would be to approach Mr. Williams in an attempt to acquire the lands to which the To\~ does not now have ownership by deed. This last procedure has the drawback of perhaps not establishing title to the ~mall parcel which is at present not claimed by J.nyone. However it does have the attract- ion of dealing on a friendly bqsia with Mr. Williams in order ta determine his purchase price. We would recommend that Mr. Williams be approached in accord- ance with the third proposition mentioned above and perhaps more to establish title than anything else, an expropriation by-law be passed. In the event a purchase price cqnnot be agreed upon with Mr. Williams, then of course, a formal ex- propriation proceeding w1roJ.d be necessary,1t Moved by Councillor K. Lathangue, Seconded by Councillor O. Fresson, That the Town Clerk investi~ate further regarding the possibility of an offer to purchase held by Mr. McMahon. Carried. . . .. 4. . II' REFORTS OF CO~~ITTEES Moved by Deputy-Reeve Ero'lgh, Seconded by Councillor I. Hobbs, That The Board of Works Minutes dated October 13th, and October 27th, as printed, be and the samo are hereby adopted with the amendments to i~em 4, item 6A and 6B. Moved by Deputy-Reeve Brough, Seconded by Councillor Hobbs, That on item 4, the work "acting" be inserted. Carried. Moved by teputy-Reeve Brough, Seconded by Councillor Lathangue, That item 6A be adopted after the following works have been deleted: "and softball gamesIT, and that the Bowmanville Traffic Adviaory Board be asked to recon- sider their resolution. Carried . Moved by Deputy-Reeve Brough, Seconded by Councillor LathanGue, That applieti s~ore. regarding item 6B, that gra~el and cold patch be on the bo~levard which runs alongside the gro.ery Carried. Moved by Councillor I. Hobbs, Seconded by Deputy-Reeve Brou~h, That the l,'iinutes of The" Finance Meeting dated October 29th, as printed, be and the same are hereby adopted. Carried. . Moved by Reeve W.D. Higgon, Seconded by Deputy-Reeve J. Brough, That the minute,s of the" 3pe cial I'leoting dated October 15th, re: North Neighbourhood Study, as printed, be and the same are hereby adopted. Carried. ACCOUNTS Moved by Councillor I. Hobbs, Seconded by Deputy-ReeTp Brough, That the accounts of th0 FinD.nce C'Jmmittee attached hereto in the total amount of $876.34 be and are hereby passed for payment. C'lrried. Moved by Councillor K. Lathan~s, 3econded by Councillor O. Fresson, That the accounts of the Foli~8 Cownittee attached hereto in the total amount of ~117.00 be and arc hereby passed for payment. Carried. . . .. 5 .. Moved by Councillor A. Sturrock, Seconded by Councillor O. Presson, That the accounts of the Cemetery Committee attached here- to in the total amount of $25.10 be !?end the same are hereby passed for payment. Carried, Moved by Deputy-Reeve Brough, Seconded by Reeve .r. Higgon, That the accounte of the Dog round attached hereto in the total amount of $88.01 be and are hereby passed for payment. Carried. Moved by Councillor L. Freston, Seconded by Councillor A. Sturrock, That the accounts of the Welfare Department attached hereto in the total amount of $1017.55 be and are hereby passed for payment. Carried. . Moved by Councillor K. Nicks, Seconded by Councillor L. Preston, That the accounts of the Fire Department attached hereto in the total amount of $47.29 be and arc hereby passed for payment. Carried.. Moved by Reeve W. Higgon, Seconded by Deruty-Reeve J. Brou~h, That the accounts of the j~ccounts raid n'lor attached here- to in the total amount of $57082.48 be and are hereby passed for payment. Carried. Moved by Deputy-Reeve J. Brough, Seconded by Reeve W. Higgon, . That the accounts of the Roads and Streets attached hereto in the total amount of ;:~3653.85, be and an, hereby passed for payment. Carried. CIVIC REPORTS Central Lake Ontario Conservation Authority. Moved by Councillor Nicks, Seconded by Councillor Fresson, That this be received and filed. Carried. Northumberland-Durham Health Unit Moved by Councillor Frosson, Seconded by Councillor Sturrock, That this be received and filed. Carried. , .. 6 ... Bowmanville flqnning Board Moved by Reeve Higgon, Seconded by Deputy-Reeve Brough, That this be received and filed. Carried. Welfare Moved by Councillor freston, Seconded by Councillor K. Nicks, That this be received and filed. Carried. Indsutr~al Report Moved by Reeve Higgon, Seconded by Deputy-Reeve Brough, That this be received and filed. Carried", . BY-LAWS - First and ~econd readings. Moved by Councillor Lathan~ue, Seconded by Councillor Hobbs, That the mover be gr,mted leave to introducG a by-law to repeal By-Law 1742. '~Said by-law be now read a first and second time. Carried. Moved by Councillor Lathangue, Seconded by Councillor 1. Hobbs, That the rnovcor be "ranted leaVe' to introduce a by-law to " c borrow ':;;175,000100 for current expenditures. 3aid by-law be now read a first and second time. Carried. . Moved by Councillor Fresson, Seconded by Councillor Sturrock, That the Council now rise :ind go into the Committee of the Whole for the consideration of two by-Llws. The I\1ayor in the Chair. Carried. Moved by Councillor Sturrock, Seconded by Councillor Fresson, Tha t The CotwLi ttee mw rise and r(~port favourably to Council on ths by-laws discussed in the Committee of the Whole. Carried. Moved ey Councillor L. Freston, Seconded by Councillor K. Nicks, That the by-law to repeal By-Law No. 1742 be now read a third time, passed and nronbered By-Law No. 1743. Carried. ~ , .. 7 .. Moved by Councillor K. Nicks) Seconded by Councillor L. Fres\on, That the by-law to authorize the borrowing of $175,000.00 for current expenditures be now read a third tiPle, be passed, and number By-Law No. 1744. Carried. NEW & UNFINISHED BUSII~SS Ream on third fluor r,;nted tc'~cntral Lake Ontario Conservation kuthority - ~60.or Fer month. Moved by Ccuncillor fressen, Seconded by Councillor Preston, That the suggested rental price as mentioned above be approved. Carried. Council was informed that the High Street watermain had re- ceived approval of the Ontario Municipal Board. . Farking on Temperance Street by St. John's Church. Moved by Councillor Nicks, Seconded by Deputy-Reeve Brou~h, That the Clerk write Rev. Herbert and suggest that he con- tact the Chief of folice in an effort to work out a satisfact- ory solution to the parking problem. Carried. Parking meters in frontof Toronto Dominion Bank, On Temperance Street. Moved by Councillor Nicks, Seconded by Councillor Lathangue, . That this be referred to the Traffic Advisory Board. Carried. Nelson a through street between Hunt and Duke Streets. Moved by Councillor Presson, Seconded by Deputy-Reeve Brough, That Hunt b,c a stop street at [j"lson St. and a necessary by-law be prepared. Carried. Financial Report Re: Recreation. Moved by Councillor Nicks, Seconded by Councillor Fresson, That the Clerk request the Hecreation Bepartl'lent to submit a detailed financial repcrt. Carried. Moved by 6ouncillor Hobbs, Seconded by Councillor Lathan~~e, That the meeting be adjourned at lC:4n p.m. Carried.