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HomeMy WebLinkAboutTimes-Advocate, 1980-08-27, Page 1Council and fire by Hawleaf lawyer reserves decision on fle Asks for consideration of costs. min abdicated their respon- sibilities at the best and had Produced a purposeful cluslon at the worst, "They zoned me out of existence: What a beautiful game!" Fogler saidcouncil may AS well have zoned the DEMONSTRATE NEW EQUIPMENT — Area 3 district fire chief Norm Hyde and deputy chief Dave McDonald demonstrate how their new extrication hydraulic rescue kit works. The kit was presented to the fireball by Local 1620 of the United Auto Workers and the Stephen Optimist Club. It is used in auto accidents to open locked car doors. Staff photo HONOUR LENGTHY POSTAL SERVICE — Earl Guenther of Dashwood was honoured Friday for 70 years of service to the Canada Post Office department. He is retiring as a highway service driver, but, will continue as a rural mail courier for at least one more year. Above, Mr. Guenther receives a stamp album and plaque from district and area postal officials Ben Baker and Ray Jones. T-A photo F NAME UAW QUINN — Christina Million, R.R. 2 Zurich reprstsentirg Festival Queen. From the left are first runnerup Debbie Taylor, Exeter; runnerup Michelle Regier. Lit Oath's Shoe Store was named 1980 Zurich lean ristinia Millson; 1979 Queen Carol Ross and second Staff photo EXETER, ONTARIO, AUGUST 27,' 1980 One Hundred and Eighth Year Serving South Huron, North Middlesex & North Lambton Since 1873 Price Per Copy 35 Cents NEW FIREHALL EQUIPMENT — The Huron Park station of the Stephen Township Fire Department was recently presented with a chain saw from Trail Manufacturing Limited in Huron Park and an extrication hydraulic rescue kit from Local 1620 of the United Auto Workers and the Stephen Optimist Club. From left to right are Larry Henderson, Trail Manufacturing Limited representative; Dave McDonald, deputy fire chief; Norm Hyde, Area 3 district chief; Pat Lane, president Local 1620 UAW; and Jim Gage, president elect Stephen Optimist club. Staff photo shopping centre as residential as the proposed highway commercial designationwillows few uses Be also discounted the claim' a zoning line which designates part of the shopping centre as irighway commercial and the balance as industrial had been aimed . at Sprackman, "It (the line) was left where it was," be, explained. In his argument, Mitchell said the town had followed appropriate planning - processes and noted the new documents had been made by man to interpret by man. "It's not perfect," he ex- plained, but went on to say it represented the planning views and wishes of this community and Obviously could not be expected to keep everyone happy. , The Stratford lawyer said Sprackman had been ad- vised of the policy and intent of the new documents ,and took exception to the argument things had been changed without Sprack7 man's knowledge. It was suggested' the developer was the author of his own misfortune,-and the municipality should not have to defend the plan because Sprackman's planning was not sophisticated enough to listen to what he was being, told by the municipality'. He filed as evidence a decision of the OMB that was upheld by the Ontario cabinet over a hearing in St. Marys where a firm headed by Spraclanan had won a hearing in a similar matter where it had been argued. that large space users (such as Zehrs and Canadian Tire) should locate on the periphery as opposed to •the core. At that hearing, Huron Please turn to page 2 years in the Armed Forces. Making presentations Friday were Southwestern district director Ray Jones and central area manager Ben Baker. Jones presented a special plaque marking 70 years of public service and Baker presented a large gatefold stamp album from Post- master General Andre Ouellet. Earl Guenther's postal career spans eight decades from the horse and buggy days to today's satellite mail transmissions. Canada was celebrating its 43rd birthday when Earl began hauling mail from Dashwood to Parkhill on July 1, 1910. Since he was only 14 years old at the time, the contract was given to his father and Earl actually worked for hint Runaway vehicle strikes its driver Exeter '5 planning procederes were soundly criticized, and equally supported, as lawyers Made their final presentation to the OMB hearing regardng the objections submitted by Hawleaf Developments Ltd. over the new official plan and zoning bylaw as it af- fects the north end shopping centre and adjoining lands. The hearing into that single aspect lasted for the •After taking the better part of three days to hear one objection, the Ontario Municipal Board heard about a dozen objections to Exeter's new zoning bylaw and official plan at its wind- up session Thursday mor- ning. Mast of those objections had already been' handled by a "housekeeping" bylaw passed by council and which satisfied the concerns of the applicants and the OMB members were told most objections had been with- drawn. 'The only matters on which the OMB will be asked to rule were two objections sub- mitted by local developer Len Veri through his lawyer, Kim McLean. They advised they were concerned about the change in the side yard requirements in the new bylaw as it affects Veri's subdivision near the mobile home park. Veri said he had plans to build five homes there this year, but the houge plans selected wouldn't work under the new requirements. Huron planning director Gary Davidson said the change had been made at the suggestion of the fire department who would like to see a minimum of 12 feet between buildings` so they. Suspect held for preliminary Charles Harold Klopp appeared in provincial court in Sarnia Friday but his case was remanded until August 29. Judge G.G. Marshman said that a date will be fixed for a preliminary hearing at that time. Klopp, 32, has been charged with first degree murder following the death of his mother Janet Klopp on June 23, Mrs. Klopp's body was found in the yard at the family home at 71 Gill Road in Grand Bend. Klopp has been in custody for observation at the facility for the criminally insane at Penetanguishene since the shooting. He is being represented by Toronto lawyer Gerry Kluwak. better part of three days and the OMB members, Miss Dorethy IVicRebb and C.G. Charm,. q.C,, announced they were reserving their decision, It could be some months before the outcome is known, In his. final argument, Lloyd Fogler, acting for Hawleaf, repeatedly at- tacked council for their handling of the matter, while town solicitor Mike Mitchell defended their actions. Fogler suggested they down-zoned the property, were piny of bad faith, had For the second time this summer, the Exeter OPP have investigated an ac- cident in which a driver was struck by his/her own car. The latest incident oc- curred on Friday when Audrey McIntosh, Zurich, sustained minor injuries when her car reversed after being parked on Goshen Street north of Highway 84 in Zurich and knocked her to the pavement as, she was walking behind it. The vehicle continued" on and struck a light standard. Constable Bob 2,'Whitefortiv investigated and set damage at $200. Earlier this summer, a Hensel/ man sustained a broken leg when he was run over by his vehicle which slipped into gear and rolled backward. The first of the week's accidents occurred on Monday when a vehicle driven by Eugene King, RR 1 Exeter, struck.a tree after it left a concession road west of Highway 81 in Stephen Township. The driver sustained minor injuries in the ac- cident investigated by • ,Constable Jack Straughan, On Tuesday, a vehicle driven by Donald McGee, Goderich, went out of control on Highway 4 south of the Crediton Read in heavy fog. It struck a culvert in the ditch and damage was set at WE'LL BE LATE Due to the Labor Day holiday, The Exeter Times- Advocate will be published one day later than usual next week. It will be printed Wednesday night for Thursday morning delivery. Advertising deadlines will be extended to Tuesday. The display advertising deadline will be 2:00 p.m. and the deadline for classified ad- vertisements will be 4:00 p.m. The best known mailman in this part of Western Ontario has retired partially. Earl Guenther of Dash- wood will be making his last run Friday, August 30 on the highway postal pickup he has been servicing for the past 70 years. E.R. as he is best known, will continue to be the rural mail carrier out of Hay Post office which runs from the north end of Exeter along Highway 83 to Sarepta. Earl Guenther was honoured at the Exeter Post Office Friday afternoon for his long service to the Government of Canada. His total career .years in the postal ranks total 181 years. Included are 70 years' on the highway service, 66 years as a rural mail carrier, 43 years as Post Master of Dashwood and two The Huron Park station of the Stephen Township Fire Department recently received extrication equipment• from local ser- vice clubs and organizations. With the joint effort of the Local 1620 United Auto Workers, Optimists of Stephen and Huron Park Fire Fighters Association, an hydraulic rescue kit and camera were presented. A chain saw produced at Huron Park was donated by Trail Manufacturing Limited for smoke ven- tilation. More and more fire departments are being called to assist in the rescue of trapped victims in vehicles as well as buildings. This is why District Fire Chief Norm Hyde attended a one-week extrication course By this time however Earl was an old hand in the cartage business having taken a team of horses and a wagon load of furniture to London when he was an even younger lad of seven. He returned the following day with a load of beer for the local hotel. When this fact was mentioned at the Friday reception Earl commented, "No, I didn't have a drink of that beer or have I at any time since." As soon as possible from the beginning, Earl Guen- ther used trucks to take mail to Parkhill and back and later was co-founder of Guenther-Tuckey Transp- orts, one of Ontario's largest cartage firms, Even se he did not forget the traditional reliability of horse power and continued to developer Jerry Sprackman ould not rent the vacant space in the centre because the new zoning allows only those uses which are, already in place and does not present reasonable other uses. He noted that Sprackman had testfified he could not rernortgage the centre because or its non- conforming use and this was termed a "dear penalty." In response, Mitchell said he took great exception to the suggestion the town had acted in bad faith and said there was no evidence to support that charge. They didn't roll over and play dead when the "big shot developer" arrived, he stated in their defence. Mitchell said the centre was a conforming use and couldn't believe that any money lender wouldn't believe a letter from the municipality to this effect. (in August 1979) at the Ontario Fire Marshal's College in Gravenhurst. According to Chief Hyde, fire and explosion of a vehicle is always a possibility, therefore, saws and cutting torches should not be used. Alternatives, he says, are tools such as hydraulic spreader-jacks, pneumatic chisels, come-a- longs and other hand tools which reduce . the risk of sparks. During the Gravenhurst course, which then was the first of its kind in Ontario, O.B. Streeper, an instructor from Chenoa, Illinois, stressed victim care during an extrication. "It's one thing to cut and pull a vehicle apart, but it's a different ball game to do it with someone trapped in- side," he said. use horses on a regular basis until after the Second World War. It was 1947 to be exact.Back in the early days, Earl would put his truck fleet up on blocks in October and use horses and cutters until the following spring. About this practice he said Friday, "Tires in those days were made of solid rubber and were almost useless in heavy snow." Earl lost his Parkhill run in 1913 with the introduction of rural mail service to Canada. Undaunted, he began delivering mail on a rural route out of Hay Post Office on September 30, 1913 and has continued to do so until the present time and he plans to continue until September of 1981. Earl reminisced about the early rural carrier days saying, "We just threw the Fined for polluting The first conviction in Southwestern Ontario for pulluting a stream by a farmer has been obtained by the Ontario environment ministry's London region office. John Jacobs, RR 1, Zurich was fined $300 in provincial court inGoderich Friday for dumping pig manure into a water course in Hay Township on February 8, a violation of a section of the. Ontario Water Resources Commission Act. Jacobs pleaded guilty. Fred Durham, manager of industrial abatement for the region, said Jacobs pumped manure from a tank to the ground and the manure flowed into a municipal drain. Two London-area men have also been jointly charged with discharging manure into a London Township water course April 17 and are to appear in London provincial court October 16, and Richard Moffit of Brooke Township in Lambton County has been charged with twcicounts of the OWRC section. REMANDED A Lucan woman arrested after a police vigil at a house August 7 appeared in provincial court Thursday charged with dangerous use of a firearm. Maureen Therrien, 41, of 279 Oake St. was ordered to return to court for a plea hearing September 4. Armed police, including an OPP tactical squad, ringed the home after neighbors reported several shotgun blasts. One shot from inside the building smashed through the front door. mail off at the gate and in most cases the dog would take it to the house." In 1923 he became Post- master in Dashwood and filled that duty until 1966 when he gave it up at the age of 70. He explained this, "At that time Dashwood was just a revenue office and I was able to continue past the normal retirement age of 65." Beginning September 1, Earl's place on the highway service run will be taken over by his grandson Jim Guenther of Exeter. The run leaves Exeter each morning at 6:30 a.m. and covers Crediton, Grand Bend, Dashwood, Zurich, Hensall, Kippen, Hay and back to Exeter in about two hours. The same routine is done each afternoon beginning at about 3:40 p.m. $2,000 by Constable Whiteford. The driver suffered minor injuries. There was one accident investigated by Constable Whiteford on Saturday, it occurring on a private laneway east of concession 6- 7 of Stephen. A vehicle driven by David Cooper, Exeter, went out of control and struck a parked vehicle owned by Peter Heath, Huron Park. , Total damage was listed at $1,400. ,q...„Theeefinal; =accident wees, 'investigated on Sunday when a vehicle driven by Daniel Galloway, RR 1 Crediton, veered into a ditch and struck a hydro pole on sideroad 5, east of con- cession 6-7 of Stephen. The driver had minor injuries but no report of damage was available at press time. Constable Straughan investigated. No insurance nets $500, fine. Only one case was heard by Justice of the Peace Douglas Wedlake in Exeter court, Tuesday. He imposed a fine of $503 against Calvin Eugene Willard, RR 1 Centralia, who pleaded guilty to driving a motor vehicle with no in- surance. He was given 15 days to pay the penalty on the charge for which he had pleaded guilty. Housekeeping law handles objections can get vehicles through to fight fires. The town's solicitor, Mike Mitchell, noted that while the alignment of side yards had been changed, the total requirement was basically the same and would mean only changes in site location. He said the requests may have to go before the com- mittee of adjustment and he recommended the town sit down with Veri and see if they can help him do what he wants on a site specific basis. The other objection cited by the developer was over the requirement for the rear yard setback of 12 metres in the core area as it affects his proposed shopping mall development on the properties between Gerrard's and Pat's Pets. McLean said they wanted the requirement reduced to 15 feet, indicating this would allow a right-of-way around the entire facility for trucks. Mitchell countered that this would not provide any parking, but Veri said there was ample nearby at the town hall lot. Davison said there was a possible need for parking for employees who would be working at the boutique stores planned by Veri. Davidson said that under such circumstances as the planned development, it may be possible to look at the whole design and allow some encroachments on a specific site plan basis. Veri had expressed .some. concern over the requirement for an 11,000 square foot lot where septic tanks are used, but withdrew the objection after learning the Huron County Health Unit wouldn't approve a building permit for lots smaller than that where sewers were not available. The objection stemmed over lots near the curling rink which can not be served by town sewers without a pumping station. McLean had suggested it would require a prospective home builder to use two lots when it may be possible to use only one and a half. He based that on his opinion that the lot size only had to be 7500 square feet for septic tanks and not the newer figure which was reported by Davidson. , At the conclusion of Thursday morning's session, Mitchell and Davidson an- swered several concerns that had been submitted in a letter from the ministry of housing and it was again indicated most had been taken care of. "I think they've done very well," Mitchell said in his final comment on the procedures taken by council and the planning board regarding the ' new documents. The OMB reserved decision on all matters presented to it. for the facility. The Toronto lawyer said he was. reserving the question of costs, but asked the oNIS. to, give some direction. to that issue, hinting that the costs in- volved: should be assessed against the municipality for proceeding improperlyenthe , zoning changes and for bad faith; bad planning, discrimination, denying uses and down-zoning. "They solVed their problem by zoning us out of existence," he said, after criticising "The shallow and narrow ways of this discretionary council." He asked the OMB to order • the town to zone the existing shopping centre as general .commercial and the ad- joining vacant lands to the east as highway commercial with 'an extended list of. permitted uses, - It was argued that Firemen receive extrication device Had to find special plaque Plans semi-retirement at 84 Mailman serves 1 81 years