HomeMy WebLinkAboutClinton News-Record, 1984-07-04, Page 11•
BAFi TEL - A J ., ubllc �,
regarding the Village pt, eld'e attempts
to expropriate land along , e southmere of
the Bayfield - River was short:- and ,
incomplete,
About 2.0 citizens listened in as the village
lawyer, • Peter Hockin and *Earl' Cherniak,
lawyer for Andy Turnbull, exchanged sharp
words at the morning hearing before inquiry
officer, Charles McKenzie, a London
lawyer. •
The inquiry was part of a year long battle
between Mr. Turnbull and the village.
The village is trying to expropriate a 0.7
acre of wooded riverbank along the river for
beautification and parkland.
Mr: Turnbull purchased the land in 1983
for $34,000. He plans to carry, out erosion
control on the banks and build, a home there.
The expropriation proposal has become a
heated issue between the two parties in the
past year. In April of, this year, the village
was unsuccessful in carrying out the
expropriation' plans • when the Ontario
Supreme Court ruled their first
expropriation bylaw illegal, The court found
the bylaw, "illegal to the applicant
(Turnbull) and illegal in whole or in part." -
Bayfield Council again decided last month
to make a second expropriation attempt at
the 450 feet of land. •
The vilage lawyers came to the June 2S --
-inquiry with a full-color drawing, outlining
the proposed use of the land.
Prepared by the a London firm, David
Cram and Associates, the plan shows the
riverbank as a designed parkland, featuring
a picnic area, natural trails, cross country
skiing area and a boardwalk.
At the hearing, Mr. Turnbull's lawyer
pointed out that he only received the plan on
the morning before the inquiry. He noted
that the Expropriation Act 'states- that
material must be, provided to the interested'.
parties five days before the start of the
hearing.
Mr. Cherniak said that he had received
other documents on June 18, but "had no
indication what so ever" of the site plan.
"It's impossible for us to agree to this
being introduced," tie told the inquiry
officer.
In . ,his brief review of the plan, Mr.
Cherniak said, ,"It's ludicrous for a rural
municipality" and also noted, "It has no
merit."
Mr. Cherniak said he had properly -
preparedhhis material over the last several
weeks. and had brought a planner from
Burlington and an engmeer from Hamilton
to the hearing. Herecommended that the
inquiry continue, but the site plan not be '
introduced. • • . •
The inquiry officer agreed that the plan
did not comply with the five day rule, but he
noted that the village's lawyer did attempt
to get the information to M. Cherniak.
Peter Hoskin, Bayfield's lawyer, called
Cherniak's office the previous -day to -notify
them of the additional documents.
At the inquiry Mr.'Hockin.explained that
the plan was simple and could be reviewed
by Mr. Cherniak, his planner and engineer
in a nearby room.
Che�itrirll, to toofileer ,' x Said.
that study the with this situation befo d that he's been faced
before, but doesn't have
plan, t e ;gaped Would require more t e.to any powers to subpoena a witness. He told
• Mr. Cherniak that he agrees ,all evidence
• adjourne
d and escbeduled to hearing a be Clerk'G., uld he
baam as a butsaid wouldt orderingu
witness would•he_"using
thus allowing Mr. Cherniakk's experts time.. • his power • to act in this way would be. an
to study the plan; - abuse," '
Tuesday, August:'14 at. 9:30 a rn. at the Mr. Cherniak .also questioned the cost of
municipal' building• was tentatively set for the June 28 hearing and asked Mr.
the• public hearing. •' McKenzie to• order the, village to pay. the.
The June 28 hearing did not finish' on that costs for Mr. Turnbull. -
note however. Mr. ' Cherniak asked that He said; "this hearing never •,could
inquiry, officer request the village clerk Pat proceed • today," because the village plan.
Graham be -called as a witness. Mr. wasn't presented within. the five day
Cherniak said that. Mr. Hockin would 'not requirement,
call onrk Graham, however -Mr. "It's a matter of great inconvenience and
Cheri -4k: -anted to cross examine the expense," he told the inquiry officer.
village cle k. . ' - However, Mr. Mckenzie opposed the
"There are several questions he could lawyer's, proposal.
answer," Mr. Cherniak said. Mr. Turnbull later said that he estimated
The inquiry officer said he wanted a costs of the 45 -minute June 28 hearing would
preliminary study of published documents run him? between $3,000 and $4,000. '
and if further information or proof was He also estimated that in total;' his costs
needed, then the clerk could be called. for engineering and legal fees are more than
When Mr. Cherniak again asked to have $14,000. •
Clerk Graham produced as a witness, Mr. Following the hearing the lawyers and the
McKenzie clearly stated, "I can't and I --- inquiry officer took .a tour of the land in
won't:" 7 question.. -
•BAYFIELD LIONS CLUB
E
PAPR'
--COLIKT1914 -
Saturda���YJuly 7, 1984
, Y
Papers on the curb
by,9 a.m. please
Join the Mad Hatter for tea
By Helen Owen
Plans are well ahead for the children's tea
party to beheld in Clan Gregor Square on
Wednesday, July 4 between 4 and 6 p.m.
Children up to 12 years of age are invited
and parents or a responsible adult are asked
to accompany those under six years old.
Pre -registration has enabled the
organizers to estimate the numbers likely to
attend, but, of course, not being able to
register is no. bar - the party is for children
and they will be welcomed. With all sorts of
surprises in store -aswelas prizes for the
fancy hat competition, it is hoped that there.
will be a good company to come along and•
enjoy the fun.
Spectacular performance
Bayfield's Canada Day. celebrations cer-
tainly went off with a bang on June 30!,
Bayfield Fire Department's presentation of
a firework display drew large crowds from
all around, and it is estimated some 3,000
watched from all along the laxuhore. •
Just as the sky darkened,/with :a little
crescent moon observing the scene, the sky
was lit, up with cascades of stars, glittering
explosions of 'silver and gold with bursting •
stars of crimson and. green. Nowhere else
could the local environment have provided
such a backdrop for the display as the
showers of light and brilliance illuminated
the night sky and reflected in the gleaming
water. "
Appreciative `oohs' and `ahs' greeted
each . presentation as without a pause.
rockets, , bursts and zigzags followed each
other. Of particular magnificence was the
Niagara Falls set piece, shining silver flows
of light concluding with coloured stars along
the whole•length, •
Everyone, from the youngest to the oldest
enjoyed this spectacular performance and
the Bayfield Fire Department deserve con-
gratulations on their achievements. 'Their
first. enterprise„of this nature certainly met
with warm approval on all sides. Tfiey wait-
ed very hard, going on a course to get the
licence, spending most of Saturday setting
up the display ready for firing, and then set-
ting off the fireworks with such precision. '
Listening to the.. widespread comments
fromall sides it seems they have set a
precedent! Word is that efforts will be made
to repeat the performance next year, and
after this magnificent effort it is hoped that
there will be lots of support forthcoming.
The Mystery of the
Missing Cap!!
The professional appearance of the
Bayfield Bounders was considerably
enhanced by the cricket caps they wore for
the occasion of the great match. These were
all loaned and it seems that inadvertently,
someone must have packedone up with his
•
gear. q
Please check, as the 'missing cap belongs
to the Ontario Cricket Association who pro-
vided us with such tremendous support for
the game. If you find it please return it to
Rev. George Yournatoff so that we can send
it off to the owner. Thank you.
N OTIC E,O F
STREET CLOSINGS '
NOTICE IS HEREBY GIVEN that, pursuant to The Munieipal Act
and other powers thereunto enabling, The Corporation of the
Village of Bayfield: proposes to stop up and close to pedestrian
and' vehicular traffic the following portions of road allowances
located in the Village of Bayfield, in the County of Huron:
All that portion of Victoria Place (Adjacent to Lot 180), Registered 'Plan No. 147,
1 ■ no •esignated as Part 1 on a Survey Plan deposited in the Land Registry Office
or the ' -gistry Division oflHuron (No. 22).as Plan 22R-1720.
•
All that portion o Elgin place (Adjacent to Lots 9 and 56), Registered Plan No:
. 147, now designated as Patt 1 on a4 Survey Plan depc3'sited in said Registry Office
as Pian 22R-1721. 1• '
3wAll that portion.of Charles Street (Adjacent to Lots 226 and 227)„Registered Plain ,.
No. 147.. now designated as. Parts 1 to 4 (both inclusive) on a Survey Plata
deposited in the Said Registry Office as Plan 22R-172,2.
4All that portion of Mara'Street (Adjacent to triangular lot'east of Lots,628 & 629,
. North of the Village &.adjacent to Gore "A” or .L01 ''6") and part of Bayfield
' Terrace (Adjacent to Gore "A" or Lot "B'), Registered . Plan N•a^ 147, now
designated as Parts 1 to 8 (both inclusive) on a•Survey Plan depositedin the said .
Registry Office as Plan 22R-1723. -
5a All that portion of •Tuyll Street, Registered Plan• No. °147, now designated as Parts
. 1 to 18 (both inclusive) on a Survey Plan deposited in the said Registry Office as
Plan 22R-1724. •v '
6•All that portion of Hifi Terrace and part of Talfourd Street, Registered Plan N;o.
. 147, now designated es Part 1 and Parts 3 to 10 (both inclusive). on, a. Survey Plan
deposited in the said RegistryOf rice as Plan22R-1725. -
•
7 All that portion of Colina Street (Adjacent to Lots 144 and 168), Registered Plan„
• No. 147, now designated as Part 1 on a Survey Plan deposited in the said Registry
Office as Plan 22R=1737. .
AND THAT the lands comprising the Portions of the -said road allowances to be stopped
up and closed are to be sold and conveyed to the abutting property owners in
accordance with the terms established b)c, the Council of the said Corporation. '
AND THAT the Council of the said Corporation will hear, in 'person, 8r by counsel or
agent, -any person who claims that his land will be prejudicially affected by the closing
'fthe said portions of the -said road allowances and who applies to b heard at a
meeting to be held at the Municipal Office in the Village of Bayfield oe 7th\day of
August 1984, at the hour of 8:00 p.m. o'clock in the afternoon or soon thereafter as the
said meeting may held.
FURTHER informaion^concerning the safd•ct9aings may be obtained from the'Village
Clerk at the Municipal Office in Bayfield.
• DATED at Bayfield, Ontario, this 18th day of June, 1984.
• , PATRICK M. GRAHAM
Clerk -Treasurer
Village of Bayfield
2ND NOTICE: JULY 4, 1984
Shadows' show
top hall form
The baseball,season in Bayfield is m full '
swing. On June 18, the Bayfield Shadows
beat the Hensall Hi-Lites by a score bf 14-4. '
On June 25, the Shadows again,,came up
with a win against Varna. However, an
unfortunate accident resulted in a broken
leg from Joanne Glenn. ,
Last weekend the Shadows travelled .to
Mildmay to try their luck. They made it as
far as the semifinals before being put out.
Nice try girls. •.
The men's teams are also doing well. On
June. 20,. the Flyers came up with yet
another win; this time against the Zurich
Cobras.' Good defensive. playing led the
Flyers to a 6-4 win.
On June 27 the Flyers met . the
Knighthawks, and although they led the first
innings, they tell behind to lose the game.
Baseball is played almost every -night; - •
with the •Shadows playing on Mondays, the
Babes on Tuesdays and the Flyers on
Wednesdays . under the lights. at Paul
Bunyan Camp • and the Knighthawks on'.
Thursday,. So come on out and cheer our
Bayfield teams on. -
The jaunty Bayfield Bounders finished with a score of 68 to 59 to
beat CFPL's Team 10 in cricket action on July 1. The match was
part of Bayfield's Bicentennial program and the winning cup, made
by Margaret Chapman was presented to the Bounders by •Roy
Huddy, treasurer of the Ontario Cricket Association. The winning
team included, (front row, left to right) Nick Hill, Pat Watters,
Captain George Youiliatoff, Jan Kok, Aelian Weerasooriya and
Doug Hayes. Back row, Alex McAlister, John Pounder, Dr. Brian
Baker, Harold Seaman, Bruce Johnston, Mark Stephens, Dr. Ken
Lambert and scorekeeper Harold Beakhust. Missing from the
photo was the Bounders' most valuable player, Cricket novice John
Graham. (Shelley McPhee photo)
Historians study pioneer beginnin
By Helen Owen
It was appropriate that in this Bicenten-
nial year that the Bayfield Historical Socie-
ty should have -had as their speaker on June
25, a descendant of a pioneer family.
Doug McNeil was introduced by M: Rae
Fraser as having been a lifelong'resident of
Colborne Township. It became quickly evi-
dent that Mr. McNeil was familiar.with his
family roots, and with much of the history of
the area. Starting with a reference to. the
Captain and Dr. Dunlop, both- well known
characters in the developments inConjunc-
tion with the Canada Company he went on to
describe their home and influence on”
subsequent settlers in the area. Typical
priorities, he said were the establishment of
a school in 1836 - and a tavern!
Recalling the namesof some of the early
pioneer, familieswhich, he said, were
perpetuate& into the present ;day,. he con
eyed' something of theirealities with which
trey had to contend. -
His., own great grandfather- arrived in
Canada at the age.of 19 in 1819. It was a,sad
Occasion as ' the boat on which he was
travelling, was wrecked'in the St. Lawrence
River, and his mother . was drowned,
although he survived=and swam to the shore.
Such' tenancity continued to display itself.
He acquired: land bordering the present
Highway ' •21, raised a family . of nine
children, and worked pine farms! .
' The importance of schools was evidently a
priority' of, early settlers and, it was in=
teresting - to learn that one • of the schools
established in 1876 is still hi existence today,
- although noTngei"tised Rife- -M ew DeKav arid -Adam Rly.`
observe Michigan from the 75 foot tower. Oil 4,500 acres of land - and for 2111 pounds! His
drilling although not successful in itself, led own magnificent stone reside ce used stone
to the discovery of the salt pans, and as time from York County, and someal the land he
progressed the local population found oc- subsequently sold to other sett - _ s. This in
cupation in the brewery, the saw mill and turn generated a new series of occtions
the brick yard. In, 1906 the corning of the and employment became available ' the
railway 'cut across the original Dunlop pro- grist mill, the hotel, the woollen as well
perty although a right of way to the famous as plenty of work for stone ' s,e sons and
tomb was granted. carpenters.
The story of Ben Miller was another sic- Originally it had been inte ded to make,
cess due to the foresight and imagination of this a picnic supper meetin- the weather
the man who perceivedthe advantages of .a precluded this, and at.th conclusion Gwen
fast flowing stream. Starting with a small Pemberton thanke ' the . speaker and
shanty he then proceeded to acquire some refreshments were served by Betty Burch.
any attend Sports Day
More than 70 children took part in the.
Children's Sports Day Orini, July 2. • . ,
The event, part of Bayfield's Bicentennial
Program; was held at Clan Gregor Park and.
was sponsored by the Optimist Club, with
assistance from the Fire Department. - •
Races got underway ' at 9 a.m. and
included 14 different races in seven age
categories. Ribbons were '. awarded to the
winners and all participants received a
prize.-
Winners in. the 25 metre dash, ages 4 and 5
were: first, Jackie'Fisher; second, Melony
Hopkins; third, David Scott; best effort,
Adam Riley: Balloon pick up and return„
winners were David Scott, Jackie Fisher,
poses.
• The potentials of'.the hotel business Were
not neglected, said Mr. MeNeil, referring to
Point 'Farm.' Here vehicles had' to be
transported by steam boat,- and it was
claimed that on a fine day it was possible'to
Don't Miss the Tapestry Singers'
Bicentennial Presentation
in Bayfield!
SATURDAVJULY 7-10 AM -12 NOON AND 2 PM - 4 PM
Chl`dren's Music Cumt
in the Bayfield Community Centre
Admission '5. which entitles
free admission to the Sunday show.
SATURDAY JULY 7 - 4 PM
Grand Cabaret
in the Bayfield Community Centre
SUNDAY JULY 8 -1• PM
Dominion Chautauqua,
in Bayfield Pioneer Park.
Admission'7e
Come and enloy the talents of this popular and highly
entertaining group of young Canadians. Tickets in Bayfield
stores or call -
�, 565®2847 --or 565-2956
In the age 6 and 7 category .winners..in the
50 metre races were: Samantha Scott,
Daryll Crittenden, Amy Natala, Cheryl
Alexander. In the softball throw winners
were Daryll Crittenden, Frank Bauer,'Tyler
Hessel and Marty Whetstone,
J iYf 4
• Ages 8 and:9 winners -in the.t.,00 mejtre aced
were Ben Gundy, Laura Connelly, Jody
Fisher and Jerry Alexander. Wheelbarrow
race winners were Sarah Koonce and Laura
Connelly, Steve . Natala and Matthew
McKaig, Jeff and Lori Glance,- Jerry
Alexander arid Mark Schilbe.
Winners in the 10 and 11 age 150 metre
race were Duane Siertsema, Jennifer Scott,
Carolyn Scotchmer and Greg Wurst. ,Sck
race winners were Benjy McLaig, David.
Connelly, Sarah Bauer and Lisa Sheppard.
The three-legged race winners in the 12,13
and 14 age category ,were Alan Koonce and
Duane Hutchings, Sheila Milner and
Nathaniel DeKav, Tara Cluff and Chantal
eom te: _ .. _.._.
� p
, W. inners in .the 16. and over, 200 metre
relay race were: first, John Stanley, Cathy
Fisher, Tom and Mary Dunbar; , second,
Jack Bender, Jay Fisher, Ron Reder and
Larry Schilbe;' third, Tara Cluff, Joan Cluff,
Nathaniel and Paul DeKay.
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