HomeMy WebLinkAbout11/02/1959
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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,
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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.
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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",
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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
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borrow ':;;175,000100 for current expenditures. 3aid by-law be
now read a first and second time.
Carried.
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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.
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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.
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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,
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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.