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HomeMy WebLinkAbout11/20/1973 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, e 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 ....a,.,..;n+....e+4....... of...... ."".... "D....-.t..~ n.##>.J....... #>__ .I.'l.._ ,.,__..L n~..3~__ Page two. Regular Meeting of Counoil, November 20, 1913 He further stated that in addition to the salvage yard, the operators were also removing top soil adjacent to the stream, exo-avating sand and gravel, manufacturing oonorete well tile and depositing large amount of broken concrete. He expressed his conoern regarding possible pollution of the stream in general and more specifically _' with reference to a farm pond which he proposed to construct. Mr. Hurst requested Council to give further attention to these several matters. ITEM (3) Mr. Gerald Duvall & Mr. DOUR'las Powell Messers Duvall and Powell addressed Council on behalf of the Clarke Game Commission. They stated that while the Commission had been self supporting for the past 25 years, they now faced a deficit of $154.36 in their 1913 operations. This deficit resulted from an unexpected increase in June and July of the cost of feed for some 8000 pheasants. They requested Council's approval of a grant sufficient to cover their 1913 operating deficit. ITEM (4) Mr. A. Viola and rezoniM application on Lot 16.Con. 2. Mr. Viola presented a letter from his solicitor, Mr. Howard S. Swartz, wherein Mr. Swartz had requested that Counoil, prior to endorsing the decision of Planning lloard, refer the matter back to Planning lloard to obtain the neoessary opinions of the Conservation Authority and of engineers wi th respect to environmental hazards and soil test. ITEM (5) Mr. Kinsley VanNest & Rioe Construction. Mr. VanNest submitted a verbal report pertaining to the preparation of a licencing by-law to regulate and control mobile home parks within the Township of Clarke. He stated that several preliminary drafts had been prepared. These would be discussed with Mr. Derek Little of Municipal Planning Consultants Ltd., Mr. VanNest suggested that the final draft, as approved by himself and Mr. Little, be submitted to Council for a first reading and then tabled for a special meeting within two weeks, for a second and final reading. The licencing by-law would include certain pre- conditions that must be met before a licence would be issued, (i.e.) collateral 8€1'eements, i",..",.."",,,.. """,i"'Rt: fA.ilure et:c. The by-law would Page 3. Regular Meeting of Council, November 20, 1913 Moved by C. Reid, seconded by G. Heykoop that this Committee rise and sit in Council. Carried. e Item (l)(a) Moved by R. Chater, seconded by C. Reid that the proposed resolution as submitted by Mr. Ewert together with the duplicate subdividers agreement be referred to the Reeve and Clerk for a subsequent report to Council. Carried. ITEM (2)(a) RESOLUTION NO. 200 Moved by K. Entwisle, seoonded by Charles A Reid. That Mr. Lovekin be authorized to proceed with a further prosecution against Mr. James Sutherland. Carried. ITEM (3)(a) RESOLUTION NO. 201 Moved by Charles A. Reid, seconded by K.Entwisle. That this Council assume the responsibility for the debit of $154.36 incurred by Clarke Game Commission during the current year. Carried. ITEM (4)(a) RESOLUTION NO. 202 Moved by Charles A. Reid, seconded by R.G. Chater. That Mr. Viola's application for rezoning be returned to Planning Board for further consideration. Carried. ITEM (5)(a) Council concurred with Mr. VanNest's suggestion and agreed to hold a special meeting at the call of the Reeve. ITEM (6) No action was taken on Mr. Ewert's suggestion. SECTION 2. CORRESPONDENCE ITEM (1) Letter from H. R. Best, Sec.-Treas., Clarke Planning Board reI Beat Niklaus - request for approval of a Mobile Retirement Home Park. The following motion was noted in the above letter. Moved, seconded and carried "that this Board recommend to Council that the request of Mr. Beat Niklaus for approval in principle of a Mobile Retirement Home Park in lots 19 & 20, Broken Front Concession, be refused." Moved by R. Chater that this Council hereby endorse the recommendation of Planning Board and further that Mr. Niklaus be notified of this decision. Councillor Heykoop requested a ~ded vote be Page 4. Regular Meeting o~ Council. November 20, 1973 ITEM (2) Letter ~om WID. A. Grady, Orono, reI clearing brush ~rom road allowances in Part Lot 18, Con. 10. Re~e=ed to Road Superintendent. ITEM (3) Letter from M. A. Caranci, Ontario Ministry of the Environment reI Certificate of Compliance to Messrs. John A. DeWitt and R.W. McPhee for a proposed broiler barn. Filed. e ITEM (4) Letter ~om W.G. Barraball reI obtaining a letter of Occupancy ~or parcel of land adjacent to his property. Re~erred to Road and Bridge Committee. Copy to Road Superintendent. ITEM (5) Letter ~om C. Saruyama, Supervisor, Planning Ailministration Ontario Municipal Board, reI Restricted Area :By-Law #1734 as amended by :By-law #1761. Re~er to clerk. ITEM (6) Letter from Keith H. :Ball and Rita Ball reI objection to re-zone land under by-law 1759. Tabled for Dec. 4 meeting. ITEM (7) Letter from McGibbon, :Bastedo & Armstrong reI application to Ontario Municipal Board to approve by-law #1759. - Objection by Mr. Ulrich Ruegger. Tabled as above. ITEM (8) Notice ~om O.M.B. reI Appointment for Hearing in the matter o~ an appeal by the Clarke Twp. Planning Board from a decision of the Committee of Adjustment o~ the Twp. of Clarke. Tabled. ITEM (9) Letter ~om Alex Carruthers, M.P.? re Wilmot Creek. Moved by K. Entwisle, seconded by G. Heykoop that this Council recommend to the Area Council Elect that the Provincial Government be requested to monitor, at weekly intervals during 1974, the feeder springs and headwaters o~ the Wilmot Creek and to report to the Area Council any evidence o~ polution. Carried. ITEM (10) Letter ~om Harold Wrightman, Canadian Union o~ Public Employees reI Notice o~ desire to bargain for an agreement on behalf of employees o~ the Corp. of the Township of Clarke. Re~e=ed to ^rea Council. ITEM (11) Copy of a letter ~om A.M. Brunskill, Registrar, Ontario Labour Relations Board to M. L. Ross Re: Certification ~or CUPE. Certificate attached. File copy to Area Council. ITEM (12) Invoice No. 3668 ~om the Municipal Planning Consultants in the amount of $317.25. Refer to Clerk for Lovekin account. Page 5. Regular Meeting of Council. November 20, 1973 ITEM (15) News Release from Ontario Ministry of Treasury, Economics and Intergovernmental Affairs reI "Restructuring Our Counties". Filed. e ITEM (16) Letter from J. A. McKillop, District Municipal Engineer, Ministry of Transportation and ColDlllUnications reI Contract Overruns. Filed. ITEM (17) Letter from M.J. Smither, Man!l€ing Editor, Municipal World Limited reI Sessional Statutes of Ontario. Filed. ITEM (18) AMO Newsletter - Report on Board of Directors Meeting Oct. 12th and 13th. Filed. ITEM (19) Letter from the Sec. Treas. of the Clarke Planning Board re: application for rezoning; A. Viola - Lot 16, Con. 2, File #73-52. Refer to Item 4, Section I. ITEM (20) Letter from the Sec. Treas. of the Clarke Planning Board re: Dirk R. Woudstra and request to have certain lands incorporated in the Official Plan as Residential lands. Moved by C. Reid, seconded by R. Chater that this Council hereby endorse the recommendation of Planning Board, as contained in the aforenoted letter, that the request of Mr. Woudsta be refused. Carried. ITEM (21) From Howard S. Swartz, reI A. Viola and application to rezone part lot 16, Con. 2, from Agriculture to High~ Commercial. Refe=ed to Planning Board. SECTION 3. BUSINESS HROUGHT FORWARD ITEM (1) Rice Construction and Pine RiMe Retirement Home Park Brought forward to receive a copy of a report from R.S. Pillar, Regional Manager, Systems Design Office M.T.C. to Mr. H.A. Van Dusen of Marshall, Macklin Monaghan Ltd. re proposed underpass of High~ #401 between lots 34 and 35. Moved by K. Entwisle, seconded by G. Heykoop that a copy of this report be forwarded to Mr. K. VanNest. Carried. ITEM (2) Browns Community Centre and approval of a raffle lottery licence. Tabled pending receipt of an acceptable guarantee for financial backing. Page 6. Regular Meeting of Counoil November 20, 1973. SECTION 4. REPORTS ITEM (1) Reeve (i) The Reeve's report pertaining to the Ontario Munioipal Employees Retirement System was tabled for the next regular meeting of Counoil. (ii) Lonp:-term projeots of this Munioipality Reeve 1,'codyard suggested that a special meeting be held with the Orono Polioe Trustees in order to prepare a listing of future projeots of this munioipality on whioh oommitments have been undertaken and/or on whioh oertain monies have been expended for preliminary engineering servioes. It was also suggested that the following items be placed on the agenda for reports and/or discussion: finanoial position of the township, sick leave oredi ts of all employees, pa;yments made to all staff and employees in lieu of vacations in 1972 and previous years, eto. Moved by K. Entwisle, seoonded by R. Chater that this Counoil acoept the Reeve's suggestion and that a joint meeting of Counoil and the Orono Polioe Trustees be held at the oall of the Reeve. Carried. - ITEM (2) Road & Bridp:e Committee No Report. ITEM (3) Finanoe Committee No Report. ITEM (4) Clerk (i) W. Carson and request for Road ClOSing. Awaiting an R.D. plan of survey by M.D. Brown. Expeoted before the end of November. (ii) R.D. Parker and road olosing. Awaiting an R. D. Plan of Survey by M. D. Brown. (iii) WIn. & Doris Caldwell and Number 2 Well, Orono. Mr. & Mrs. Caldwell have signed an agreement waiving their rights to purohase parts of the olosed road allowanoe. Mr. :B.R. Lovekin is ourrently preparing deeds for the oonveyanoe of the subject lands from the Township to the Ministry of the Environment. (O.W.R.C.) (iv) Maintenanoe Agreement with Ontario Hydro re street lighting. It is expeoted that Mr. Doug Tideman will present a draft oontract for Counoil' s oonsideration at the regular meeting on Deo. 4, 1973. (v) Newtonville and feasibility study for Munioipal Water Supply. Mr. Baker of Totten Sims Hubicki Assooiates is Page 7. Regular Meeting of Council November 20, 1973. ITEM (5) By-law Enforcement (i) L. Beaupre; Lot 24, Con. 8 e Moved by K. Entwisle, seconded by G. Heykoop that Mr. Richard H. Donald, of the firm Kelly, Jermyn, Donald and Zuly, be retained by the Township to prosecute the charge when this matter procee~ds to trial. Carried. (ii) M.T. Micklash; Lot 15, Con. 7 Moved by K. Entwisle, seconded by G. Heykoop. 'WllEREAS there is evidence before this Council that a building has been constructed on the property of Mr. Micklash, lot 15, con. 7, Property Roll No. 7-003, contrary to the provision of Section 6 s.s.(a) of Building By-law #1351 of the Township of Clarke; said section requiring that a building permit be obtained before work on any building is commenced. NOW :BE IT THEREFORE RESOLVED that Mr. Micklash be advised of this matter and to further advise that this Council would be pleased to receive his comments in writing pertaining to this matter. Carried. (iii) L. Secord; Lot 23, Con. 9 - R 7-102 Moved by K. Entwisle, seconded by G. Heykoop that the by-law enforcement officer investigate and submit a report to Council regarding an alleged use of land in an agriculture zone for the purpose of a public garage. Carried. ITEM (6) Livestock Valuer One lamb killed on property of Ken Henderson, Lot 23, Con. 7; Value $38.00. Moved by C. Reid, seconded by R. Chater that this report be approved by Council. Carried. SECTION 5 - NEW BUSINESS ITEM (1) Don Stapleton re verbal request to resign as Fence Viewer as of December 31, 1973. Moved by K. Entwisle, seconded by R. Chater that Mr. Stapleton's request be referred to the area Council elect. Carried. ITEM (2) Orono Estates and subdivision Roads RESOLUTION #203 Moved by K. Entwisle; seconded by Robert G. Chater VlHEREAS preliminary approval of the roads in the Home Smith subdivision (Registered Plan #693) will be given in the near future by Totten Sims Hubi~i Associates Ltd. "Tm.r 'O"C'I Tm mt:J"C'D"[;'I1:;'\('\"o"C' ___....,.........;) .1..._. .t..~_ "_..__4' 'L.___1.... Page 8. Regular Meeting of Council November 20, 1973. THE CORPORATION OF THE TOWNSHIP OF CLARKE Being a by-law to incorporate certain subdivision roads into the Township Road System. WHEREAS a Plan of Subdivision was registered in the Registry Office for the Registry Division of the West Riding of the County of Durham as Plan Number 693 for the Township of Clarke on the 16th d~ of August, 1972. e AND WHEREAS Robin I s Road David's Crssent Andrew's Road Peter's Pike were dedioated by the owner(s) for highw~ purposes. NO\" THEREFORE, the Council of the Township of Clarke enacts as follows:- 1. That the streets as dedicated on the aforesaid plan of subdivision and as desoribed above be assumed as public high~s. Read a first and second time this 20th d~ of November 1973. (Signed) Edward R. Woodyard Reeve (Signed) Horace R. Best Clerk Moved by G. Heykoop that this by-law be referred to the Township solicitor for his comments. Carried. ITEl1 (3) The Canadian Indemnity Company. Renewal of Forgery & Cheque Alteration Policy. Moved by C. Reid, seconded by K. Entwisle that this policy be renewed up to the end of December, 1973. ITEl1 (4) Donald Cox re building permits on lots fronting on a private road in lot 6, con. 6. Moved by K. Entwisle, seconded by C. Reid that Mr. Cox be advised that if the land owners affected construct the subject road to M.T.C. standards for subSidy and a. certificate of approval from M.T.C. is received by Council, then Council are prepared to accept this road as a public road and will therefore assume the responsibility of maintenance. Carried. ITEl1 (5) Clarke Township Game Commission. Memo from H. DeWith re deficit of $754.36 l).af',m... +'" Qc....+.f ^Y'I' T+Am '1 (ell' Page 9. Regular Meeting of Counoil November 20, 1973. RESOLUTION #205 Moved by Robert G. Chater, seconded by K. Entwisle e The Council of the Corporation of the Township of Clarke hereby certify that By-Law No. 1754 is in conform ty with the Official Plan as adopted by Council and awaiting approval of the Minister. RESOLUTION #206 Moved by K. Entwisle, seconded by Robert G. Chater The Council of the Corporation of the Township of Clarke hereby certify that By-Laws No. 1756 and 1760 are in conform ty with the Official Plan as adopted by Council and awaiting approval of the Minister. ITEM (7) Non-Applicable Dog Licence Fees. RESOLUTION #207 Moved by G.H. Heykoop, seconded by K. Entwisle Treasurer is authorized to write off the dog licence fees as stated on Schedule "A" and dated November 15, 1973 and totaling $75.00. ITEM (8) Inspection Tour by Area Council Elect Moved by K. Entwisle, seconded by G. Heykoop that Town- ship Garage and Offices be open for inspeotion in the A.M. of Saturday, November 24, 1973. Carried. ITEM (9) Inventory of Assets and Liabilities of Clarke Township RESOLUTION 1,'-208 Moved by K. Entwisle, seconded by G.H. Heykoop That any information J that was or shall be submitted from this office to Regional Office or Area Council eleot)be tabled with the Council to be cheoked and verified by persons appointed by this Council. SECTION 6. ADJOURNMENT RESOLUTION #209 Moved by K. Entwisle, seconded by Robert G. Chater This Council hereby adjourns to meet again on December 4th, 1973, at 10:00 A.M. or at any other time at the call of the Reeve. Meeting adjourned acoordingly at 12:10 A.M.