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HomeMy WebLinkAbout12/15/1970 SPECIAL MEETING OF THE COUNCIL OF THE TOWNSHIP OF CLARKE Friqay, November 27, 1970 at 4 p.m. . Council" Chamber; Orono. 3. Present: Reeve J. ',v. Stone Deputy Reeve H. E. Walkey Councillor W. R. Carveth Co un c'i l"l or P. A. Gray Councillor R. G. Chater Clerk H. DeWith SpeciaY meeting ~f Council was called by the Reeve to consider the following business: The following correspondence was read out by the Reeve: Ontario Hydro re proposed additional street light-Kendal. -Ta,bled. Municipal Planning Consultants Co. Ltd. re meeting between Robin Kennard add Council on December 3, 1970.-Tabled. Police Village of Orono Resolution No. 70-92 dated November 23, 19'(O.-Filed. 'W: Kay 'Lycett; B.A. re Village of Orono and Township of Clarke conveyance of Part Lot 18, Front Range Block 13 Hann~ng's Plan, Orono to Nancakievill.-Filed. The following resolution was passed: R""olution No. 117:Moved by H.E.Walkey,seconded by RobertG.Chater: Be it hereby resolved that Reeve John Stone and Clerk-Treasurer Henry DeWith sign a ,deed from the Township of Clarke on part of Lot 18, front range, Block 13, of Orono, in favour of David F. Nancekievill and Dawn M. Nancekievill, dated November 13, 1970.Carried. Council adjourned at 5:30 p.m. f:;!d.--- REGULAR MEETING OF THE COUNCIL OF THE TOWNSHIP OF CLARKE Tuesday, December 15, 1970 at 10 a.m. Council Chamber, Orono. . 1.- z. 4. Clerk ........~--;---.~....,A' Reeve / . ..,......... .4.h""'L Present: Reeve J. W. Stone Deputy Reeve H. E. Walkey Councillor W. R. Carveth -Councillor F. A. Gray Councillor R. G. Chater Clerk H. DeWith Minutes of meetings held November 3, November 17 and November 27, 1970 were adopted as printed on motion by W. R. Carveth, seconded by F. A. Gray. Carried. The following correspondence was read out by the Reeve: 1. Minutes of Committee of. Adjustment meetings held November 16 and 19, 1970.-Filed-.- 2. Gordon C. Kelly, B.A.,LL.B., re Arthur A. Drummond - Road Allowance Ownership.-Referred to Clerk. 3. Minister of Justice. and Attorney General re Rock Festivals.-Filed. 4. Ontario Development Corporation re approval of application for registration as' an area under the Equalization of Industrial Opportunity Prograrn.-Filed. 5. Department of Municipal Affairs re Legislation ~ The Planning Act, section 26.-Filed. 6. The Consumers' Gas Company re approval by the Ontario Energy Board of an Interim Rate Order.-Filed. 7. Copy letter from Edward R. Woodyard to the Clarke Public Library Board re financial position.-Filed. 8. Mrs. EDen M. Yeo, Secretary-Treasurer, Committee of Adjustment for the Township of Clarke request for an additional fee for eac~ membe~ of the Committee of Adjustment.-Filed. 9. Department of Municipal Affairs re File No. T-20663 Jan Ochonski proposed subdivision Lot 29, Con. 5.-_ Referred to the Clerk. e Page 2 Regula~ meeting of Council 15 December 1970 continued: e 10. Town of ~immins~re Use of Studded Tires.-Filed. 11. Totten Sims Hubicki Associates Limited re description of the Company and the newly established Planning Department.-Tabled. 12. Copy letter from Horace R.Best, By-Law Enforcement Officer to Mr. William Zegil re By-Law No. }539, a By-Law to license trailers except trailers located in a trailer camp and 'By-Law No. 1354, A :B-y-LaW to-. . license, regulate and govern Trailer Camps.~rl1ed. 13. Copy letter from the Ontario Water Resources Commission to Mr. W.~egil re Township of Clarke Newcastle Trailer Park Water Works.-Filed. ,- ll.;. Copy letter from Strike, 'Sbrike & KelJ.:y to -E. R.. Lovekin ~e ~aspar Hollen.-Referred to Road and Bridge. The following delegations met with Council: Mr. J. stutt appeared at Council meeting to gxve the annual repor~ of Memorial ~ospital and presented a copy of same to Council. - Mr. E. ~. Woodyard met with Council to d~scuss the Village Dump. . Oouncil recessed for'lunch at 12 noon:and resumed session at 1:30 p.m. '15. Department of Highways reTownship of Clarke Adjustment of the Road Programme supporting 1970 Normal Road .Expendi.ture By-Law No.1664.-Filed. 16. Deputy Minister of Highways re pollution with regard to the use of sa~t for winter ice and snow control.-Refer~ed to the Road Superintendent. 17. Ganaraska Reg~on Conservation Authority recommendation~ with regard to rezoning to allow oonnnercialrecreationSl development a~ong Wilmot Creek.-Piled~ 18. A. E. Ames & Co. re Offer to Sell between Montreal Trust Company and Township of Clarke;-On motion byW. R. Carveth seconded by P~ A. Gray, the Reeve and Clerk were authorized to sign the Offer to Sell. Carried. 19. Copy letter from C. W. Rump, Railway Transport Committ~e, to Totten, Sims, Hubicki & Associates Limited and copy letter from Totten, Sims, Hubicki to Railway Transport- Committee re File No. 26727.703 re Diversion Road in - Lots 34 & 35, .Conc. 3, Township of Clarke.-Referred to the Road .Superintendent. , . . '. .... . ." 20. E. Richard Lovekin re The Corporation of the Township of Clarke and The Durham Central Fair Board Title.to property (southerly limit) bonndary fence - H.W. . Hooey-.-Referred to the Clerk. 21. E. .Richard Lovekin .re Wanless sale to :Township .of Clark!'!,- Filed. . proposed 22. Memorandum fromM. L. Ross re~assumption of Irwin Road .and Sisson's Road i~ Lot.29, Con. 4.-aefer~ed to. the Road and Bridge Committee. 23. Minutes of the Oshawa Area Planning and Development Study dated,NQvember 20th, 1970.-Filed. 24. Copy letter from P. E. Davidson to Mr. Leland Payne re .Was~e Disposal Site, Clarke Township, Lot 14, Con. 2.-Piled. 25. Creighton, Drynan, Murdoch & Victor re Boisvert.-Tabled. 26. Department of Transport re Police.Village o{ O~ono,By-Law .No.._16B5.-Referred to the.Clerk. - 27. Millson Insurance Agency request for comments of frank Cowan Company Limited on Wawanesa Policy Numbe~ 59764y- ,Referred to the Clerk. . . 28. Ontario Hydro re prqposed additional streetlight-Kendal.- ~abled. , 29. E. Richard Lovekin re Newtonville Cemetery.-Referred to the , Clerk. , ' 30. Honey, Brooks & Harrison copy letter to E.,R~.Lovekin re proposed. Road Closing between Lot, 34 and 35, . Calvin Crago;-Filed. ~ 31. Copy letter from Horace R. Best to Mrs. J. W. Bosch.-Piled. ,.. t .. 32. Offer to Sell between Russell and Eva ~y Maluske and the Township of Clarke.-On motion by W. R. Carveth, seconded by P. A.. Gray, the Reeve and Clerk were authorized to sign the Offer To Sell. Carried. e '2> Page 3 Regulap. Meeting of Council 15 December 1~70 continued: The ~ollow~g delegations met with Council: Messrs. McMullen and Westgat,e, appeared at Council ~to :discuss the Clarke Fishing & Conservation Club. ,~ Mr. H. E. Millson met with Counc~l with~egard to Insurance. M. L. ,Ross appeared .at Co~ncil meeting to discuss ~ertain road matters. '. " The 'followingresolutions were passed: .' Reso11ltiotl No. L18:Moved by .Robert ..G.Chater,seconded by F.A.Gray: This Couqcil ~ereby authori~e Solicitor E. R. Lovekin to accept fr~~ Cassels, Brock, DesBrisay, Guthrie, Griffiths & Genest, the deed to Newtqnvil1e Presbyterian Ce1l!ete.ryind 'the sum of $2,105.72. Carried. _ Re-"ollltiqp l:{o.nq:Moved by H.E.v.!alkey,seconded by RobeJ;:tG.Chater: This Council hereby autho~~e the Clerk-Treasurer to 'send out the Tax D~and Nqtices with dates for payment of taxes due as follows: ... . - ~ ~ Mar.ch 31,' 1971 .~- 1st Instalment - 40% June 30, 1971 - 4nd Instalment - 30% November 30, 1971 - 3rd Insta11l!ent - ~O% or balance Carried. " . ~13so11lt i on. No. 140 :Mo.ved ,by RobertG.Cllater, seconded byI!,E. Walkey: This Council hereby authori~e the Treasurer to strike off the following dog ~tax arrear~in accordance ~ith 'S~heduie "A" attached..Carried. . . ' S~h~lllA "AU to RQ.,.'~olution No_~L.O ~ Do~ ~A~ Thomas Lambert Jr. 5.00 Fred Ward 10.00 Sid Lancaster 5.00 Mrs. I. M. Harris 5,,00 wm~ Zegi~, 5.00 Ken Stephenson .5.00 Walter ApqhibalqlO~OO ~"" .10,00 John qtone 5.00 Harold Adair 4.15 It" ,5.00 Fred Ibey. '5.00 H. P. Hender~on 10.00 ,--$84.:15 _ Reso11ltion No.1h1 :Moved by F.A.Gray,seconded by W.R.Carveth: Resolve that the Current.Budget for the year 1970.under By-Law No. 1665 together with all~Resolutions passed by..this Council which correspond to this By-Law,be and is hereby, adopted. Carried. ~ -Resolution No. 1h2:Movedby H.E.Walkey,seconded by F.A.Gra~: This Council hereby declare Boxing Day on December.,28, 1970, a legal hOliday for phe Township ,of Clarke. Carried. Resolution No. lh1:l'loved by Fi.A.Gray,seconded 'by RobertG.Chater: Resolve that the following Pay Vouchersbe and are.hereby authorized for payment by the Signing Officers of thisCoqncil: Road Voucher #11 for November-in the ,amount of $35,411.40 General Voucher #11 for November in the amount of $148,464.14 Wen'are Voueher #12 ,for, Dec:ember in the' amount of. $5,637.10 Police Village of Orono Voucher #11 fOr Novemb~r in the.amount of-$9,451.55. Carried. The following by-law was' read a third time.andfinally passed: Bii-~,qw No M _ 1 686 Being a By-law of the Corporation of. the Township of Clarke ~ 'hereiniLfter called the "Corporation", to authori~e CENTRAL COMMUNITY TELEPHONE LIMITED to erect and maintain.poles"cables, ducts, wires""r other structures or equipment upon the,highways, lanes and squares in the said Corporation, WHEREAS Central Community Telephone Limited hereinafter. called the'"TelephoneCompany" has requested the Council of the Corporation to permit it to erect and maintain po~es, cables, duccs,~reB or 'other structures or equipment upon thee highways, lanes and squares in the said Corporation and it is deemed expedient to grant. the: request of th~.said Telephone COmpany subject to the approval of the Ontario Telephone Service COll11llission being .' had thereto. . Roll No. ~ l-2l8-0~ .1969 2-134-01 1969 2-135 1969 2-177 1969 2-214 1969 3-19$ 1969 3-3QZ. ,1967 196$ 5-093 1969 .6-l03-0L1967 196$ 1969 1969 $-001-01 $-014 , . e e - Page 4 _ Regular-Meeting of Council 15 December 1970 continued: BE IT ~HEREFORE ENACTED by the Council of the Corporation and it is hereby enacted as follows, that is to say: 1. THAT the Telephone Company or its successor be and is hereby authorized and empowered to construct telephone lines and to erect the necessary poles, cables, ducts~'wires or other structures or equipment for the same and to maintain and keep up the same upon any or all of the highways, lanes. and squares of the Corporation for placing,in, upon, over or under the same, the poles, ducts, cables, wires or other structures or equipment necessary for, the purpose of its. business. 2. THAT the construction of the said telephone lines, and the placing of the said poles, cables, ducts, wires orother structures or equipment shall be carried out in accordance with the specifications prescribed by~he Ontario Telephone Service'Commisiion and urlder the supervision of the Council' of the Corporation or its Superintendent df Roads appointed for that purpose and that such poles; cables, ducts, wires or other structures or equipment be so placed ,and constructed' and maintained "as not to interfere with any works or structQres of the Corporation now located on the said highways, lanes . and squares. ' 3. THaT the said telephone lines, poles, cables, ducts, wires 'or ,other structures or 'equipment shall be erected so as not to interfere with the lines, poles, and,works of any other 'telephone or t~legraph company at present constructed upon any such highways, lanes and squares. " . '4. THAT the said telephone lines, poles, cables, ducts, wires or "other structures or equipment shall be so constructed, erected and maintained as shall not interfere with the public right .of travelling on or using said highways, lan~s, sq~ares, roads, streets, bridges, waters or water courses. ", . ,,' 5. THAT ~he Telephone Company shall indemnify the Corporation against any actions of claims for damages which maY.be brought against the Corporation for or by reason of the construction, operation and maintenance of the said works. 6.WHER.& in the course of constructing, reconstructing, changing, altering or improving any highway, lane or square under the jurisdiction of the Corporation it becomes necessary to take up, remove or change the location of ~y'app1iances of the Telephone Company, the terms and conditions of THe Public Service Works on Highways Act (Chapter 333, R.S.O.196o) and any amendments thereto shall apply. . 7. THaT this by-law shall come into force upo~ receiving the "approval of the Ontario Telephone Service Commission and upon execution and delivery to the Corporation by the Telephone Company of an agreement under which the Telephone Company undertakes and agrees with the Corporation to abide by the terms and conditions set out in paragraphs'~,3,4 and 5 thereof. The following by-laws were read a first time"on motion by F. A. Gray, seconded by W. R. Carveth: The following by-laws were read a second time on motionJ5y W. R. Carveth, seconded by F. A. Gray: The following by-laws were read a third time and finally passed on motion by F. A. Gray, seconded by H. E. Walkey: Bv-LAW. No _ , 1687 , ,', ' A By-Law to provide for the inspection and approval of building lots in r~spect to their suitability for the ' installation of private sewerage systems. WHEREAS by paragraph 69 ot Section 379(1) of the Municipal Act'R-,S.O. 1960, cnapter <l49, the Council of tae Township of Clarke is authorized to passa by-law for making regulations for sewerage or drainage, that may be deemed necessary'for sanitary purposes~ e ". . Page 5 Regular Meeting of Council 15 December 1970 continued: '4. WHEREAS it is deemed expedient to'establish regulations to provide for the inspection and approval of building lots, prior to the issuing of a building permit, in respect to their suitability for the installation of pr:tvate sewerage systems; NOW THEREFORE it is enacted by the Municipal Council of the Corporation of the Township of Clarke as a By-Law of the said Corporation as follows: 1. This By-Law shall apply to any building lot whereon a building is to be constructed which is intended to be serviced by a private sewerage sysuem. 2. "Building Inspector" includes any person authorized-to act on behalf of the Building Inspector. 3. Prior to ,the issuing of any building permit for a building to be constructed and which is intended to be serviced by a private sewerage system, there shall be obtained from the Medical Officer of Health for the Haliburton, Kawartha, Pine Ridge District 'Health Unit, a certificate approving the site as suitable for such sewerage system. - 4. The gaid certificate shall be produced for the Building Inspector on application for a building-permit. 5. Every person who causes or permits any vXiation of the provisions of this by-law, shall be guilty of an offence and upon conviction therefore shall forfeit and pay a-penalty not exceeding three hundred dollars ($300.00) exclusive of costs for each such offence, and every penalty shall be recoverable under the Municipal 'Act and the Summary Convictions Act. Bv-L,qw No. .1688 A By-Law to authorize the payment ,of an annual allowance, and an-allowance for expenses for members of Council. ~rlEREAS it is necessary to provide by By-law authority to pay an annual allowance for all members of Council, NOW THEREFORE, pursuant to the provisions of The Municipal Act R.S.O. 1960, Chapter 249 and amendments thereto, the Council of the Township of Clarke hereby enacts as follows: l~ In acCordance with the provisions of Section 212 of The Municipal ACt, the Head of Council may be paid an annual remuneration of $1500.00. In accordance with the provisions of Section 406, subsection 1; the Deputy Reeve may be paid an annual allowance of' $1000.00 and 'Councillors may be paid an annual allowance of $$50.00. The remuneration and allowances set out in paragraphs 1 and 2 shall be paid annually. 'Irt paying these sums it has been assumed that for the purpose of allocating the total amount received for tax purposes between remuneration or allowances and payments, that the members of Council intend to claim one third of the total consideration received as an expense allowance in aceordance with the provisions of Section 40$ of The Municipal Act. That this-Bywlaw shall and hereby come into effect from the passing thereof. 6. By-law No. 1642 is;hereby'repealed. Bv-T.~w NumnA'r lnRq To impose a speciai drainage rate upon part of Lot Numbers 5 & 6 in the Fifth Concession. ;Whereas'Robert Alan Morrow the owner of part Lots 5 & 6 in the Fifth Concession of the Township of Clarke applied LO the Council of the Township under The Tile Drainage Act for a loan for the purpose of draining such land. AND Whereas the'Council has, upon his application, lent Robert Alan Morrow the sum of Two Thousand, six Hundred Dollars to be repaid with interest'by means of the rate herei~aFter imposed: - Be It Therefore Enacted by the Council that of Three Hundred & Twenty Dollars and Fiftylfive is hereby imposed upon such land for a period of rate to be levied and collected at the same time ordinary taxes are levied and collected. Resolution No.ll.d...:Moved by W.R.Carveth,seconded by F.~.Gra~: T~' Council hereby adjourn for the year 1970. Slne Dle. Carried. ~~ 9 OU :JJ~ Clerk Reev.{l . 2. 3. 5. an annual rate cents per annum ten years, such and manner as -