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HomeMy WebLinkAbout02/18/1963 . I II III IV --- -- --- COUNCIL MINUTES The regular meeting of Bowmanville Town Council convened at 7:45 p. m. on Monday February 18, 1963 with His Worship Mayor I. M. Hobbs in the chair. All members present except Con. Nichols and Shackelton, and Fice. LORD'S PRAYER: ROLL CALL: ADOPTION OF MINUTES: Moved by Con. Oke and Hooper.: That the minutes of the meeting held on Monday February 4, 1963 be received and adopted. . Carried; COMl'WNICATIONS: 1. A letter was received from the Ontario Association of Urban Rural Munici~alities requesting that Council consider renewal of their mem ership in this organization for 1963. Moved by Con. Hooper and Oke: That the letter from the Ontario Association of Rural Mun- ieipalities dated Febru~ry 11, 1963 be received and filed. Carried. 2. Strike and Strike; ,IFollowing receipt of your letter of the 5th instant, we reviewed Mr. Cole's file in this matter, including the survey completed by the Belleville and suburban planning board and also discussed the matter with Mr, Cole. While there appears to be a large number of Boards and Municipalities charging fees for land sep~ aration, plan of subdivision and zoning applications, the major- ity of the Municipalities and Boards contacted still do not make charges. It is also noted that a number of Boards and l.funicipal- ities have indicated that they did make charges realized that there was no authority for the charges' In the Belleville survey mention was made of Sections 26 (131 and 2~4) TO The Planning Act as giving authority for the Charging of fees for Land Separ- ation and Subdivision Agreemehts, We would hasten to point out that in Section 26 (13), reference is made to the Planning Board and the Mihister in determining whether a consent for separation is to be given shall consider the same things as are considered in a plan of subdivision under Section 2S (4), and in so doing may impose conditions. Perhaps one of these conditions might be the payment of an administration fee but we rather imagine that thematters to be dealt with are matters of good planning. In any event, it appears that the Minister would have some say as to the existence of a fee. As to Section 2S (4) which covers the matters to be considered in a draft plan of subdiVision, consideration is to be made for the health, safety, convenience and welfare of ~e future inhabitants and then to other planning matters. There is no specific reference to an administration fee being charged here in eonnection with proposed subdivisions, howpvp~ i~ Subsection 6 of Section 2S every municipality is given the authority to enter into agreement imposed as a condition of approval of a plan of subdivision by the Minister. Normally the Minister will accept whatever conditions are agreed upon between the subdivider and the Municipality and one of these conditions could be the paym~t of an application fee. From the above it appears that the Minis- ter of Municipal Affairs through the Community Planning Branch, would have the final say as to the charging of fees for applica- tions in fqnnection with land severance and subdivision applica- tions. Mr. Cole tells us that he has a letter from the Community . . e . -2- Planning Branch advising that it knows of no legislation authoro- izing the charges. After perusing Mr. Cole's material and in particular the rather extensive survey conducted by the Bellev" ille and Suburban Planning Board and the legislation concerned, we find no clear authority authoJOizing the charging of fees fer land severanee applications, applications for plans of subdivis" ion and zoning change applications. No doubt there is growing feeling among Municipalities as evidenced by the Belleville survey to the effect that fees should be charged. However the Department of Municipal Affairs must still be of the opinion that Municipalities are to pay for such planning services out of the general rate since there is provision in the legislation for planning boards having a budget through the Municipality but there is no provision for charging of fees. It is perhaps assumed that the Municipality as a whole received a benefit from the plan- ning services and not just the particular applicant. We would not advise that a fees by-law as requested be pr~pared at this time, until the appropriate legislation has been enacted. The writer made several inquiries of Municipal Solicitors when he was at the Canadian Bar Convention held .in Windsor recently and these inquiries confirmed the lack of authority for charging fees in these matters although mention was made that the matter was under consideration by the Department. We suggest that the Town make strong representations to the Department of Municipal Affairs ?n~ possibly with other representations which are being made there may be sufficient pressure brought to have legislation passed at this session." Moved by Con. Hughes and Oke: That the letter from Strike and Strike dateQ f:;brU3ry 11; 1963 respecting the proposed planning fees by-1m'! be 18cei ved an d that we accept the recommendations therein, howe'18r strong repre- sentation be made to the Ontario Legislature urging them to con- sider thismatter and that a copy of this letter be forwarded to Bowmanville Planning Board. Carried. 3. Canadian Red Cross: '':March, Red Cross month is fast approaching and the local Branch will again be conducting a campaign for funds thro"~hout this area. Your co-operation would i!reatly assist us in this endeavour. The executive respectfully submit th~ following requests to Council for their approval. May we, conduct a Blitz for funds Monday March ~5th from 7 to 8 p. m. in the town? May we; fly the Red Crcss f1agi'rom the Town Hall during Red Cross month or a1 least during the wlilek immediately prior to the Blitz? As last year, may Vl() u$eit.heoCouncil Chambers as Campaign Headqual'ters on March 25th pr~'V'iding'o this will not conflict with any other' meeting? May we haVe. March officiallY. proClaimed Red Cross Month in BOWmanville, and have a notice to this affect inserted in the Canadian Statos- man? This to be a joint proclamation with the "owr.sh:l p of D,,>'l ing- ton. Please convey to the members of Council my very sincere thanks for their co-operation and encouragement in this mattero!? Moved by Reeve Little and Dep-Reeve Stevens: That we concur in the request of the Bowmanvil]~ and Distri0t Branch of the Canadian Red Cross Society as contained iE th letter dated February 6, 1963. Carried. 4. A letter was received from the Ontario School Tnlstecs' owd Ratepayers Association requesting Council's considJr:17;icr in re8.- pact to membership for the year 196~. Moved by Con. Hooper and Hughes: That the letter from the Ontario School Trustees and Ratepay- ers' Association dated.)'l'lbruary 4, 1963 be received and filed, . Carriedc . . . . -3- 5. Bowmanville Public Utilities Commission: "At a meeting of the Bowmanville Public Utilities Commission hs:lrt on the evening of February 12, 1963. A Mr. Jackson and Mr. omit" of the Imperial Oil Company along with Mr. A. Allin and hi~ icitor R. Lovekin attended. The purpose of their visit was to request water and sewer facilities for the new service station being constructed at the Waverly !toad Cloverleaf. Their proposal was to obtain right-of-way from the cloverleaf eastward between Hwy #401 and the CNR Railway to Liberty Street thence northward to the sewage treatment plant. The above would accommodate a 4" sewer force main and a Sl:wage pump'on their'property to pump sewage directly to the sewage plant also a 4" watermain in the same trench. After the representatives left the matter was dis- cussed fully by the Commission and the following are the condit- ions upon which the cO~1ission would recommend that service be supplied. 1. All expense of providing the services will be n,.,...,a by the Imperial Oil Company with the e~ception of the water lIleter which will be placed in a meter chamber located immediately south of Hwy #401 at Duke Street. 2. The Imperial Oil will construct a 4" watermain from their property to the above water chamber which lrill be connected to the existing 6" main which was laid on Duke Street under !-:wy #401 and is plugged at both ends. Extend a 6" watermain from the end of the 300' which was laid under H\~ #401 northward to the Base Line and connect it to the existing main at this point. This will permit the construction of a 6" main by the Commission to serve all properties from Highway 401 south- ward to the CNR station if and when a petition is again sig~cd by these property owners. 3. The agreement will prohibitc;:qWlGc- tion to either the water or sewer lines to serve any other prop- erty other than the p~operty now under construction by Imperial Oil Company Ltd. 4. The pumped sewagemain will be extended ta a manhole adjacent to the sewage plant by Imperial Oil. 5. The sewer force main shall be constructed so that there will be no infiltration and only sanitary sewage shall be ~lmped in same. 6. The rates for water shall be as presently charged water customers outside the Town limits, namely the bill shall be calculated at Town rates as approved by the Commission from time to time and multiplied by two. 7. The rates for sewer service shall be tb same and equivalent to the amount billed for water service. If the Council concur in the above the Commission will proceed with an agreement with Imperial Oil Co. Ltd." Moved by Con. Hughes and Hooper: That we concur in the submission presented by the Rowmanv';'lle Public Utilities Commission respecting services to the Imperial Oil Company property at the Waverley Road 401 intersection and auth0~izing the commission to proceed for a formal agreement with Imperial Oil. ' Carried. 6. Library Board: !tIn preparing the budget for the Town of BOWmanville for th;; YC3! 1963, the BOI'iI!Ianville Public Library Board requests that you in-' elude an al!lount equal to S5~ per capita for the USe of the librd.r:' The Library Board has received an S5~ per capita grant for the past several years. I am attaching for your inforinat..i.on a sta'ce" ment of the receipts and expenses of the board for the years 1961 and 1962. It will be noted that we have a slightly highee cil2n carryover than last year. New shelving which was ordered in October was not received until last week and will be charged af';e.- inst this year. As in the past we have budget~ed for fixed cx~ penses such as salaries and rent and for the new books which wUl be purchased for the months of January to April 1963. We hope that our request will receive favourable consideration." Moved by Con. Hooper and Hughes: That the budget presented by the Bowmanville Public Library be received and referred to the Finance Committee for their con- sideration.. Carried. . e . . -4- .. 7. 'Mr. John DeWith: ".Ve hereby respectfully request to place a sign on the East side .fFrank Street at King street East, in the tovn of BowroanvillQ. The above sign to be a directional sign only, as per sketch en- closed. Vie understand, with your approval, we can get the appro- val of Department of Highways." Moved by Dep-Reeve Stevens and Con. Hooper: That the letter received from John F. DeWith dated February 12, 1963 be received and reply stating that a precedent would be set for permitting advertising signs on Street Allowances which Council does not wish to do. Carried. 8. Mr. R. E. Kennett: "Am writing you this letter regarding the soot situation from Goodyear, This morning my Front Veranda was covered with it and both of our cars, my son took his car to the goodyear and showed it to Mr. McNeil and he said, he appreciated it very much. Hoping this situation can t.e cleared up as soon as possible." Moved by Con. Hooper and Oke: That a letter beforewarded to Goodyear asking what can be done to eliminate the soot condition which existw. Carried. 9. A letter was received from the Community Planning Association of Canada advising of the for coming annual conference at the Chateau Frontenac Hotel September 29 until October 2, 1963. Moved by Con. Hooper and Reeve Little: That the letter from Community Planning Association of Can- ada in respect to the forthcoming Association Conference be re- ceived and filed and that a copy be forwarded to Secretary of the Local Planning Board. Carried. 10; Mr. I. Nelson: "\Vi th much regret I su1, roi t my resignation to the Arena Commission of the Town of Bowmanville, this to take effect immediately. My actions are forced because of a job transfer in my company." Moved by Reeve Little and Con. Hooper: That the resignation of Irv. Nelson from the Arena CommiSsion be rec~ived with regret. Carried. 11. A letter received from the Ont~rio Traffic Conference re- questing that Council consider membership in this organization in 1963. Moved by Reeve Little and Con. Hooper; That we authorize membership in the Ontario Traffic Conferp~c~ for the year 1963 and that the Association fee of $25.00 be for- warded. Carried. 12. The Bowroanville Public School Board; "The Bowmanville 1\lbli'c School Board held its Budget Meeting last night. We will re~uire the following amounts from the ToWl to meet our expenditure for the year 1963:- 1. Debenture pay- ments $62,460.50, 2. Other expenses 160,775.90 - total Public School Levy $223,236.40. We realize this amount is approximately . . . -5- $31,000 more than we received from the Town last year, however a large share is made up by items over which we have very litt~ control, such as Teachers' Salaries which are on a schedule, Retirement Gratuity Payments to two Teachers who served the Bo~d for many many years and retjred last year, additional Caretakerl Maintenance man and our surplus at the end of the year was not nearly as large as in 1961. We believe that you will find the amount required is approximately the same as we received from the Town in 1961." Moved by Con. Hooper and Hughes; That the letter received from the Bowmanville Public School Board outlining the financial requirement for the 1963 budget be received and referred to the Finance Committee. Carried. l~r ~rf Stephen Krepakevich: "I thank you for your recent letter herein in reply to my inquiry concerning licenses or permits required in respect to the opera- tion of the above noted hotel. In connec~ion with my clients pro- posed purchase of the above named property a further problem has arisen, namely, in regard to encroachment of the building on King Street and Division Street as indicated on Sketch of Survey by Donevan & Fleischman dated April 29, 1961, copy of which I enclose herewith for your information~ Upon making inquiries, I am advi- sed that the building has been situated in its present location for approximately 75 years and that there has been,no objection to the encroachments up to the present time. However, as the encroachments are quite substantial and usually permissible only during the lifetime of the building, my clients are somewhat con- cerned about the matter and are anxious to make the following arrangements: 1. To obtain a conveyance from the Town of Bow- ffianville of 4 feet of land from front to rear along the westerly boundary of Lot 32 and which would include the westerly portion of the building now encroaching on Division Street. 2. To ob- tain an Encroachment Agreement permitting the location of the verandah and pillars as now situated on the sidewalk al.ng King Street I 3. To obtain permission to erect an additional at the rear of the existing building, the westerly wall of such addition to be a continuation of the westerly wall of the 4xisting build- ing. This letter is being delivered to you by Mr. & Mrs. Mary- glad and I would be much obliged if you would provide the~necess- ary information to them and also have same covered by letter in care of my office." Moved by Con. Hughes and Reeve Little; That the letter from Stephen Krepakevich in respect to the Mary- glad purchase from Woolley dated February 13, 1963 be received and that we concur in items 1 & 2 of letter. Carried~ V REPORTS OF COMMITTEES! VII . Moved by Reeve Little and Dep-Reeve Stevens: That the minutes of the meeting of the Board of Works Com- mittee held on Thursday February 7, 1963 be received and adopted. Carried; lY-LAWS: Moved by Con. Oke and Hughes: That leave be gra~ed to bring in and in.troduce the following By-laws; 1. A by-law to authorize the Mayor and Clerk to execute and Affix -6- . the Corporate Seal to a certain Agreement between the C@fPora~ tion of the Town of Bowmanville and Riznek Construction Ltd. 2. A by-law to amend the terms of an agreement enacted under the provisions of By-law No. 1860 (A by-law to authorize an agreement between the Town of Bowmanville and Donald W. Harvey.) Moved by Con. Hughes and Hooper: That the by-laws be read a first time referred to Council in Committee of the Whole and read a second time Mayor. in the Chair. Carried. Moved by Dep-Reeve Stevens and Reeve Little: That wa rise and report successful second reading of the By-laws in Committee of the \Vhole. Carried. . Moved by Con. Hooper and Oke: That the report of Council in Committee of the Whole on the By-laws be received and adopted same be now read a Third time engrossed signed by the Mayor and Clerk sealed and numbered as follows: 1. A By-law to authorize the Mayor and Clerk to execute and affix the Corporate Seal toa certain Agreement between the Corporation of the Town of Bowmanville and N.E. Sweet Com- pany Limited..................................... .B/Ll866 2. A By-law to authorize the Mayor and Clerk to execute and affix the Corporate Seal to a certain Agreement between the Corporation of the Town of BOWIDanville and Riznek Con- struction Limited.....".,..... .'.,....,............ .B/L1867 3. A By-law to amend the terms of an agreement enacted under t the provisions of By-law No. 1860 (A By-law to authorize an. agreement between the Town of Bowmanville and Donald W. Harvey..............."................" ~"".. ~ .B/L1868 VII NEW & UNFINISHED BUSI~~SS: . a) Planning Board Charges-( see Communication #1) b) Liberty Street Storm Sewer-(imprbvement by-law is being pre- pared by the Town Solicitor for peesentation at the next regular Council session.) c) Liberty Street Sidewalk:-(this matter is still pending an engineers report from Mr. Dempsey) d) Frank Street Road Allowance: (there is nothing further to re- port in this respect.) e) Tree Removal Progrffillme:(agreemen~have been made with the Area Hydro to have this programme commence on Wednesday of this week. ) f) Scugog Road: (this Matter is presently referred to Counties Council Road Commission for their consideration) . g) Foam Bank! (This Matter is still in the hands of the Fire Committee for further investigation and report.) By-laws 1624 and 1625 Re: P.U.C. Charges: (this matter has been referred to the Town Solicitor for preparation of the necessary By-laws on the advice of the Town Clerk and P.U.C, manager. A meeting is to be held this week to discuss this matter and will be reported at the next regular Council session. h) . -6- i) Board of Works Building and P.U.C. Pump House: (this matter has been referred to the Town Solicitor for the arrangement outlined by Council at their last regular session.) Industrial Area:- . j ) Moved by Con. Hooper and Reeve Little: That the chairman of the Police Committee and Clerk be authorized to call for tenders for new Police Car. Carried. Moved by Dep-Reeve Stevens and Reeve Little: That the clerk to investigate if property as outlined on survey can be purchased. Carried. Dep-Reeve Stevens spoke briefly regarding a loan of 5,000.00 to the arena for a new 40 H.P. Compressor. . Moved by Con. Hooper and Dep-Reeve Stevens: That this matter be held in obeyance. Carried. 1 . Moved by Dep-Reeve Stevens and Oke: Authorizing Procter & Redfern to obtain approval from thf, Ontario ywater Resources Commission on the construction of Sanitary Sewer; Sewage pumping station and a water main to serve the industrial lands on Simpson Ave, South to Highway 401 as outlined in report of February 13, 1963. The sewer to extend to the site of the permanent pumping station. Also, to obtain prices on the installation of the sewer and water mains only. The pump- ing station to be left in abeyance until Municipal Board approval is granted, and to pursue the installation of tenporary pumping facilities. Carried. Moved by Con. Hughes and Reeve Little: That we do now adjourn 9:25 p. m. Carried. . ,