HomeMy WebLinkAbout11/06/1973
REGULAR MEETING OF THE COUNCIL
OF THE TOWNSHIP OF CLARKE
Tuesda;y, November 6, 1973 at 10.00 a.m.
Council Chambers, Orono
e
Present I Reeve - E. R. Woodyard
Deputy-Reeve - K. Entwisle
Councillor - R. Chater
- C. Reid
Clerk - H. R. Best
Absent Councillor - G. Heykoop
Moved by K. Entwisle, seconded by C. Reid that the
minutes of the regular meetings on October 16 & 17,
1973 and of the special meeting on October 30, 1973
be adepted as printed. Carried.
SECTION I. DELEGATIONS
Moved by K. Entwisle, seconded by C. Reid that this
meeting go into committee of the whole Counoil to
receive all delegations. Carried.
ITEM (1) Clarke Township Museum and Archives
Mr. Robert Hancock, on behalf of Mr. Ra;y Dickson
and Mrs. Helen Schmid submitted a list of items
which their committee wished to have transferred
from the Township of Clarke otfice to the Clarke
Museum and Archives. The list referred to such
items as captain ohairs, photos, old desk,
centennial scrapbook, church records, vital
statistic records, court records, typewriter,
duplicator and any other office equiplllent and
f'urni ture.
ITEM (2) Phillill F. VanHartinD'Rveldt. Nevtonville
Mr. VanHsrtingsveldt appeared before Counoil in
support of his application (#73-55) for amendment
to by-law #1653. (refer to Section 5, item (6).)
ITEM (3) Mr. Larry Beaullre. R. R. 1J.2. N. Orono
Mr. Beaupre appeared betore Council in support of
an application (#73-56) for rezoning as submitted
jointly by Mrs. Margaret :Beaupre and Mrs. Ilene
Tamblyn. Refer to Seotion 5, item (5).
Moved by R. Chater, seconded by K. Entwisle that thie
committee rise and sit in Council. Carried.
ITEM (1) (a) Clarke MuseUlll & Archives
RESOLUTION NO. 185
Moved by Robert G. Chater, seconded by K. Entwisle.
:BE IT HEREllY RESOLVED that this Council authorize
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Page 2. Regular Meeting of Council. November 6, 1973
SEC'l'ION 2 CORRESPONDENCE
Item (1) Letter tram J. C. Hamilton, Municipal Traffic
Analyst, re reduced speed limit on Township
roads in Clarke Township. Filed.
ITEM: (2) Letter tram Alex Carruthers, M.P.P., re the
headwaters of Wilmot Creek. Filed.
ITEM: (3) Letter tram Mervin D. Ha:rness, reI fence on
Part Lot 23, Con. 5. Referred to Road and
Bridge Committee. Copy to M. L. Ross.
ITEM: (4) Letter tram Dirk R. Woudstra Re: Part Let 29
Con. 4, request to have incorporated in the
Official Plan as residental lets. Referred to
Planning Board.
ITEM: (5) Letter tram :Barber and Kelly, :Barristers &:
Solicitors, Bowmanville, reI Fitze ats.
Bogdanovio, with attached Plan by Donevan
&: Fleishmann Co. showing boundaries. Filed.
ITEM: (6) LE'l".rER:mOM R. DeWi th, 'l'reasurer, requesting
the hourly rate of P83" for Mrs. .. Watson
be inoreased tram $2.82 per hour to $3.00
per hour ecmmenoing Ootober 22, 1973.
-
RESOLU'l'ION NO. 187
Moved by K. Entwisle, seconded by Robert G. Chater
That the hourly rate of Mrs. Watson, Mrs. :Best and
part-time seoretarial help to the Clerk be inoreased
to $3.00 per hour retroactive to the 22nd ~ of
Ootober, 1973. Carried.
ITEM: (7) Letter from D.L. Tideman, Sales &: Servioe Supervisor,
Ontario Hydro reI street lighting - Orono Estates.
approved &: filed.
ITEM: (8) Report tram Charlotte M. Romer, :B.A., M.D., D.P.R.,
Medioal Offioer of Real th for period - July, August
and September, 1973. Filed.
ITEM (9) Letter tram MoCullagh, Hart and MacDonald, :Barristers
and Solioi tors, re: Asrvi Construotion Contract with
Township of Clarke, and Mechanios' Lien of Terry K. Rye.
Filed.
* (9b) Statement of Claim - Supreme Court of Ontario reI Aarvi
Construotion Comp~ Limited, Corp. of the Twp. of
Clarke and the Trustees of the Polioe Village of Orono.
Refer to E. R. Lovekin.
ITEM (10) Letter tram M. Calaroo, Deputy Registrar, Ontario
Labour Relations Board to M.L. Ross, Road Superintendent
reI Canadien Union of Publio Employees, and the
Corporation of the Township of Clarke, Filed.
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Page 3. Regular Meeting of Council. November 6, 1913
ITEK (14) Statement..of Account from Municipal Planning
Consu1tants in the amount of $'1.,071.61. Approved.
ITEK (15) Copy of Final Account from Totten Sims Hubicki
Associates Limited in the amount of $3,001.10.
Tabled.
ITEK (16) Copy of letter from C. Bu8s1ag, Senior Planner,
Plans Administration llranch, to Mr. K.C. Andrews
Secretary, Ontario Municipal lloard re: Township of
Clarke - Restricted Area ~-Law 1756 - J.C.Tamblyn.
Filed.
ITEM (17) Copy of a Letter from J.P. Roussell, P. Eng.,
Assistant Regional Engineer, Sanitary Engineering
llranch, re: Township of Clarke, Applioation for
Rezoning, File No. 73-54. Filed.
ITEM (18) Letter from John P. Ritchie, D.W. Graham and Associates
Limited, re: Pits and Quarry Legislation. Filed.
ROAD AND BRIDGE
Item (19) Letter from J. A. McKillop, District Municipal
Engineer, re: Township of Clarke Requelt for
Additional Supplementary Funds. Filed.
ITEK (20) Copy of a letter from J. A. Inshaw ,Po Eng., Division
Engineer, CP Rail, re: improvements to the crossing
of Third Concession Road. Refer to Clerk & Tabled
ITEK (21) Letter from R. J. Miller, Municipal Auditor, Ministry
of Transportation and Communications with enclosed
copy of the Audit Report on the Road Expenditures of
the municipality for the year 1972. Filed
ITEM (22) Letter from J. A. McKillop, District Municipal Engineer,
re: 1973 Interim Return. Filed.
RICE CONSTRUCTION CO.
ITEK (23) Copy of a Letter from D.D.B. Cane, P. llJIIg., Design
Approvals Engineer, Sanitary Engineering llranch to
Marshall, Macklin, Monaghan Ltd., re: Township of
Clarke Proposed water and sewage works for Pine Ridge
Retirement Park - Applications No. 7-0852-73 and
3-1173-73 Filed.
ITEM (24) Copy of a letter from H.A. Van Dusen, P. Eng.,
Marshall, Macklin, Monaghan Limited to R. S. Pillar,
P. Eng., Ministry of Transportation and ColDlllUnications
re: Proposed Mobile Home Community, Pine Ridge
Retirement Park. Filed.
ITEM (25) Letter from J. R. McMurrq, Sewage Works, Ontario
Ministry of the Environment re: Township of Clarke -
proposed mobile home retirement park. Filed.
ITEM (26) Copy of a letter from Charles Ewert to Strike, Strike
and Van Nest, re: Rice Construction proposals re:
Pine Ri<lire Retirement Pa:rk. Fil"d.
Page 4. Regular Meeting of Counoil. November 6, 1973
Committee of Ad.1ustment
ITEM (29) Notice of Publio Hearings. Contente Noted
and Filed
ITEM (30) Letter from Mrs. Ellen M. Yeo re: Trailer
Home for Seasonal Help. Referred to Planning
lloard .
e
ITEM (31) Minutes of Committee of Adjustment meetings on
October 9th and October lOth, 1973. Contents
Noted and Filed.
MISCELLANEOUS
ITEM (32) Notice of change of address of the Ontario
Conferenoe on Local Government.
ITER (3) In Appreciation card from Gertrude Davey,
Mar:lr and John. Filed.
ITEM (34) A letter from B.J. MoCaffery,Ontario Good Roads
Association re: Long Service Reoosnition.
Referred to Road and Bridge Committee.
ITEM (35) Letter from Bud Germa, MPP Sudbury, New Democratic
Party, re: Ontario Municipal Employees Retirement
System with enclosed Resolution. Referred to
Reeve for a report.
ITEM (36) Letter from M. Rash &: Co. Limited re: Fortnighter.
Filed.
ITEM (37) Letter from Walter J. Tuo~, Munioipal Liaison
Committee, re National Tri-Level Conferenoe.
Filed.
Moved by C. Reid, seconded by K. Entwisle that this meeting
do now reoess to reconvene at 2:00 P.M.
Meeting reoessed accordingly at 12:00 P.M.
Meeting reconvened at 2:00 P.M.
Absent - Councillor C. Reid.
Councillor G. Heykoop
SECTION 3 - BUSINESS BROUGHT FORWARD
ITEM (1) - By-law re Entrance Culverts
BESOLU'rION No. 188
Moved by Robert G. Chater, seconded by K. Entwisle
Whereas M.L. Ross, Road Superintendent has submitted the draft of a
by-law to amend by-law #1728 being a By-Law to permit and regulate the
size and installation of culverts on Township Roads,
Page 5. Regular Meeting of Council.
November 6, 1913.
A :By-Law for pemitting and regulating the size and mode of construction
of culverts situated on a Higbwa;y or Township Road.
WHF.IllUR the Corporation of the Township of Clarke deems it
expedient to regulate the materials used, and manner of construction of
private drivew~s or entrance culverts;
e
AND 'WHEREAS the authority for the works herein are to be under-
taken under the terms of The Municipal Act, R.S.O. 1910, Chapter 284,
S. 352, S.S. 20, and amendments thereto;
The Council of The Corporation of the Township of Clarke enacts
as follows:
1. Except as hereinafter provi'ded no person or persons or corporation
shall obstruct any drain, watercourse or ditch situated on a highwa;y or
township road forming a part of the Township Road System.
2. The Road Superintendent or his agent shall detemine if a culvert
is necessary in conjunction with the entrance applied for.
3. The applicant shall provide all necessary labour and materials to
construct an entrancewa;v including the culvert pipe.
4. The Building Inspector of the Township of Clarke shall not issue a
building pemit to an applioant until he has reoeived a copy of the
Entrance Application duly completed and signed by the Road SUperintendent
or his agent.
5. No person shall install or allow to be installed any oulvert on a
road in the Township of Clarke without having made application under
this :By-Law and having ".cured the approval of the Road SUperintendent.
6. The minimum size of a culvert that mlliY be installed shall be twenty-
two feet (22') in length by fifteen inches (15") in diameter and the
length and diameter of each culvert shall be determined by the Road
Superintendent or his agent.
1. Where a culvert in excess of 50 feet in length is requested the
applicant shall be required to p~ the entire cost of oonstructing as
many catch basins as ~ be necElssary in the opinion of the Road SUper-
intendent to facilitate surface drainage from the roadwa;y.
8. Where a person has installed or allowed to be installed any culvert
other than that approved by the Road Superintendent or in a manner not
acceptable to the Road SUperintendent, then that person shall be notified
of the condition and requested to remove the culvert. Should the removal
of any unsatisfactory culvert be not oompleted within 30 d~ of receiv-
ing notifioation then the Road SUperintendent ~ direct a Road Employee
to remove the culvert and the person shall p~ the full cost of such
removal.
9. Wh"ereacnllvert .ha!l.. 'beeniNl'talledin.aocora~(.)e..,,i.:t1l tl1El.~sions
of the :By-Law then the Township of Clarke shall assume responsibility
for any future damage done to culvert pipe through use of Township snow
plow equipment or any other Township machinery or flooding from roadwlliY.
The applicant, owner, or tenant will be responsible for normal wear, or
any flooding from owner or tenants property.
10. Where a proper drainage ditch on a road allowance is not in existence
and an entranceway h.a.B been or ia to bp- fl!At.A.bl; AnAnh.". ".i,.+"'A nf'" naD +nA
Page 6
Regular Meeting of Council - November 6, 1973.
11. All applications are subject to the hereinafter noted conditions:
(a)
(b)
(c)
A non-returnable application fee of $10.00 shall accompany
each application for entrance permit.
Permi t applications will expire after 6 months from date of
issue if no building permit has been applied for.
Entrance Application is not transferable.
12. Notwithstanding any provisions of this By-Law, to the contrary a e
duly completed entrance culvert application will not be required by the
Building Inspector in respect of building lots which are described in
a registered plan of subdivision wherein storm sewers are required by
this municipality wi thin the terms of a. subdividers agreement.
J3. Any person who contravenes any provision of this By-Law shall
upon conviction be liable to a. penalty not exceeding $100.00
recoverable under The Summary Convictions Act.
14. By-Law No. 1728 be and is hereby repealed.
Read a. first and second time this 6 da;y of Nov. 1973.
(Signed) Edward R. ',,'ood.vard
Reeve
(Signed) Horace R. llest
Clerk
Moved by K. Entwisle, seconded by R. Chater that the by-law re
entrance culverts be given a third reading, passed, numbered as by-law
#1762, signed and the seal of the Township of Clarke affixed thereto.
Carried.
ITEM (2) - Dudar Construotion re development of untravelled portion
of Pedwell sideroad.
Further to resolution #173 passed the 16th d~ of October 1973,
Mr. C. Ewert, Township Solicitor, by letter under date of October
19, 1973 requested additional particulare as the Township's wishes
regarding the terms of the agreement with Dudar Construction in
respect to the above noted road allowance.
Moved by K. Entwisle, seconded by R. Chater that the Township
Solicitor be authorized to obtain the necessary information from
Totten Sims Hubicki Associates Ltd. pertaining to the construction
details to be set forth in the agreement between the Township and
Dudar Construction pertaining to the development of the untravelled
portion of the road allowance between lots 30 and 31, Con. 2,
Carried
ITEM (3) - Agreement with Mr. and Mrs. Wm. J. Caldwell.
RESOLUTION No. 189
Moved by Robert G. Chater, seconded by K. Entwisle
'NHEREAS WIn. J. Caldwell and Doris M. Caldwell joint owners
Page 7
Regular Meeting of Counoil
November 6, 197).
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ITEM (4) Appointments by Counoil to fill vacanoies on Planning lloard.
Moved by K. Entwisle, sea>nded by R. Chater that this item be
tabled. Carried.
ITEM (5) Kingsley VanNest and Resolution #177
A letter, dated October 26, 197) from Mr. VanNest was
presented to COU noil wherein the writer requested a
olarifioation of resolution IA 77 in order to define the exact
instruotions he is to reoeive and how he is to prooeed in this
matter.
RESOLUTION 1/190
Moved by K. Entwisle, seconded by RobertG. Chater
That the Township Solioitor, Mr, Kingsley VanNest follow the
instruotions as oontained in Resolution No. 177 without fUrther
dela;y.
Carried.
I'l'EN (6) Wilson Carson and Request for road olosing.
RESOLUTION 1/191
Moved by Robert G. Chater, seconded by K. Entwisle
Wlfli!Rli!A!': Mr. Wilson Carson, R.R. #1, Newtonville, has
petitioned Council to olose the southerly portion of the unused
a.llowance for road between lots 8 and 9, Conoession 6 and
WHEREAS Mr. Keith Wood and Mr. William E. Reid, owners of
abutting land have, by letter dated Ootober 15, 197), eignified
their request that the said portion of the road a.llowance be
olosed
NOW lIE IT THEREFORE RESOLVED that this Counoil hereby acoept
Mr. Carson's request and the Clerk be authorized to initiate the
appropriate prooeeding to stop up and close the origina.l a.llowanoe
for road and to provide for the sa.le thereof to the abutting
owners.
The said portion of road a.llowance being more particularly
desoribed as follows:
Commenoing at the south east angle of Lot 9, Con. 6 and
extending northerly a distanoe of 26)5 feet more or less.
Carried.
Moved by K. Entwisle, seoonded by R. Chater that this
meeting do now reoess to reoonvene at 7:)0 P.M. Carried.
Meeting reoessed accordingly at 5:05 P.M.
Meeting reoonvened at 7:)0 P.M.
Absent: Counoillor C. Reid
Counoillor G. Heykoop
Page 8
Regular Meeting of Council
November 6, 1973.
ITEM (2) Road and Bridge Committee
RESOLUTION No. 192
Moved by K. Entwisle, seconded by Robert G. Chater
:BE IT HEREBY RESOLVED that this council endorse the
recommendations of the Road and Bridge Committee and hereby
instruct the Treasurer to issue the cheques for the two new
trucks and equipment which have been approved by the Depart-
ment of Transport and Communications and are to be delivered
by Ma.c:Donald Ford, in the amounts of $15,622.00 and $21,5<)7.00.
e
Carried.
ITEM (3) - Finance Committee
RESOLUTION NO. 193
Moved by Robert G. Chater, seconded by K. Entwisle
Whereas the accounts for the month of October, as
submitted by the Treasurer have been examined and found to
be in order
Now be it therefore resolved that this Council approve
the following vouchers and the same are hereby authorized by
the Signing officers of the Corporation of the Township of
Clarke for pa;yment.
General Department, October, 1973 Voucher No. 10 $ 32,592.57
Road Department, October, 1973 Voucher No. 10 $ 19,099.66
Orono Police Village October 1973 Voucher No. 10 $ 2,133.24
Carried.
The Interim Balance sheet as prepared by H. Dewith, Treasurer,
was reviewed and contents noted. Filed.
ITEM (4) - Clerk
(i) In accordance with the terms and oonditions of
sohedule "A" of Order-in-Counoil 274/70, the Newtonville
Women's Institute submitted a report, under date of
Ootober 23, 1973 pertaining to a lottery held on Oct. 19,
1973 under lioenoe No. 150026.
It was noted that a sum of $125.35 was retained as
the balance of prooeeds in lottery trust acoount #6516.
(ii) Orono Estates Subdivision.
A written report by L.R. Alliok, P. Eng. of Totten
Sims Hubicki re a site meeting held at Orono Estates
Subdivision on Oct. 2, 1973, was submitted by the clerk.
Noted and filed.
ITEM (5) By-law En>forcement
The by-law enlforoement officer submitted verbal
reports acoompanied by on site photographs subsequent
to inspeotions oarried out in the A.M. of Frid~,
November 2, 1973, regarding alleged violations of
Page 9 Regular Meeting of Council
November 6, 1973.
RESOLUTION NO. 194
Moved by K Entwisle, seconded by Robert G. Chater
That By-Law Enforcement Officer by instructed
to proceed with prosecution against W. Harris, L. Beaupre,
J. Sutherland and B. Tennant.
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Carried.
ITEM (6) Building Inspector
The Building Inspector's report for the month of
September 1973 was noted and filed.
SECTION I).
NEW BUSDlESS
.
ITEM (1)
Bruce Cathcart & Watercourse on Lot 6. Con 8,
The Clerk submitted a verbal request on behalf of
Mr. Bruce Cathcart, R. R. #1, Kendal. Mr. Cathcart
had stated that recent grading of the road between
lots 6 and 7, Con. 8 had permitted storm drainage
water, perviously contained on the road allowance,
to flow across farm lands in lot 6 currently under
lease from Mr.Bullen to himself. Mr. Cathcart
requested Council to take immediate action to prevent
the storm run-off from flowing across the aforenoted
farm lands.
No action was taken on Jtr. Cathcarts request.
ITEM (2) Heather Social Club and application to conduct
a lottery type scheme at a bazaar.
RESOLUTION NO 191)
Moved by Robert G. Chater, seconded by K. Entwisle.
WHEREAS the Heather Social Club, Orono, Ontario have
applied on October 23, 1973 to manage and conduct a
lottery type scheme at a bazaar on December 1, 1973.
NOW BE IT THEREFORE RESOLVED that the Clerk be
authorized to issue a licence, within the authority
granted under regulations of Order-inCouncil 274/10,
to the Heather Social Club to conduct a lottery type
scheme at a bazaar held on December 1, 1973 and the
total of Prizes not to exceed $65.00. Carried.
ITEM (3) Browne Community Association and application for
approval by Council to conduct a raffle lottery
with total value of prizes exceeding $3,500.00.
Moved by K. Entwiele, seconded by R. Chater that
this application be tabled finding receipt of
further information to be obtained bv Mr. Entwisle.
Page 10
Regular Meeting of Council
November 6, 1973
date of sale be applied to improve the building
and facilities of the Newtonville COIIIIIlUnity
Hall. Carried.
RESOLUTION NO 197
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Moved by K. Entwisle, seconded by R. G. Chater
The Treasurer is hereby instructed tc establish
a separate account and to deposit therin the
proceeds from the sale of the Newtonville Park
plus accured interest from date of sale.
Carried.
ITEM (5) Margaret :Beaupre and Ilene Tamblyn, lot 24, Con. 8
and application for rezoning (File No 73-55).
Moved by R. Chater, seconded by K. Entwisle that
this application be referred to the Planning
Board for further study. Carried.
Mr. La.rr,y Beaupre, agent for the applicants, was
requested to provide Planning Board with a sketch
plan showing the approximate area under application
for rezoning and showing thereon the location and
use of all existing buildings or structures.
ITEM (6)
PHILIP VANHARTINGVELT, Lot 9, Con 1 and application
for rezoning (File no 73-56).
Moved by K. Entwisle, seoonded by R. Chater that
this application be referrsd to Planning Board for
further study.
ITEM (7) ORONO ESTATES and Subdivision Roads
The Clerk was instructed to obtain information from
Totten, Sims,Hubicki Associates regarding the
present status of the subdivision roads in the
Orono Estates and more specifically at whioh point
in time and by what method does the Township of
Clarke assume the reponsibili ty for the normal
winter maintenance of the aforenoted roads.
ITEM (8) ORONO ESTATES and STREET LIGHTING
RESOLUTION NO. 198
Moved by R. G. Chater, seconded by K. Entwisle.
That this Council enter into an Agreement with Ontario
HYdro to service and maintain the street lights in the
Orono Estates Sub-division in accordance with the rates
as stated in Mr. Tideman's letter, under date of October
24, 1973, and further that the costs of this service
be applied to the property owners. Carried.
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P~ 11
Regular Meeting of Counoil
November 6, 1973
,gECTION 6
ADJOUllNMENT
RESOLlJ'fiON NO 199
Moved by Robert G, Chater, seconded by K, Entwisle,
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This Counoil hereby adjourns to meet again on November
20th, 1973, at 7:30 P.M. or at any other time at
the oall of the Reeve. Carried.
~...".,._aA.L ~ ll.llt
Clerk
~;' ;~;v~ -I iP/L~~f.i
REGULAR MEETING OF THE COUNCIL
OF THE TOWNSHIP OF CLARKE
Tues~ November 20, 1973, 7:30 P.M.
Present: Reeve - E. R. Woodyard
Deputy Reeve - K. Entwisle
Counoillor - R. Chater
C. Reid
G. Heykoop
Clerk - H. R. :Best
Moved by K. Entwisle, seoonded by C. Reid that the minutes of the
regular meeting of November 6, 1973 be adopted as printed subjeot
to the oorreotion of spelling errors. Carried.
SECTION I IlELEGATIONS & PETITIONS
Moved by R. Chater, seoonded by C. Reid that this Counoil go into
oommittee of the whole Counoil to reoeive and hear all delegations.
Carried.
ITEM (1) Mr. Charles Ewert & subdividers ap;reement with Home Smith
Properties.
Mr. C. Ewert, Township Solioitor, stated that a registerable
oopy of the subdividers agreement between the Township of
Clarke and Home Smith Properties oould not be looated.
He requested Counoil to oonsider the draft of a resolution
authorizing the signing offioers of the Township to execute
an exact duplioate of the subdividers agreement, the said
agreement being acknowledged by Counoil by-law #1736 and
the terms of whioh have been acted on by both parties sinoe
the passing of the aforenoted by-law.
This resolution, if passed by Counoil, would provide a
registerable oopy of the said subdividers agreement for
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