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The Citizen, 1990-05-02, Page 8PAGE 8. THE CITIZEN, WEDNESDAY, MAY 2, 1990. Belgrave ratepayers agree to plan for drain A public meeting was held at Belgrave Women’s Institute Hall by Morris Township Council on April 16, to discuss the proposed storm sewer that has been request­ ed for the east end of Jane and Brandon Streets in Belgrave. Council met at 7:30 to talk over the proposal and the cost sharing of the project. They agreed that the township would be responsible for 40 per cent of the total cost, which would create a charge, per lot, for connecting into the storm sewer of $300. Ratepayers, Wayne Fear, repre­ senting his mother, Margaret Fear, Lyle Campbell, Stanley Jones, George Carter, Olive Bolt, Agnes Bieman, Kevin Pletch, Ted Moran and Clarence Yuill joined the meeting. They informed Council that another ratepayer, Edgar Wightman, who was unable to attend was in favour of the pro­ posal. Reeve Douglas Fraser advised the people that the storm sewer was requested for the east end of Jane and Brandon Streets and that since the lot, owned by Stanley Jones was to be built on, the private drain that is presently in existence would be cut off. Road Superintendent Lloyd Michie supplied a map and plan for each of the people in attendance showing the new location of the drain, which would drain the basements and surface water. The Judge lectures defendant Continued from page 1 argue that Mr. Walker did a great deal to irritate the situation but Judge Hunter wasn’t buying the argument. At one point during his summation of testimony of the witnesses Judge Hunter interrupt­ ed himself when he saw Mr. Shepherd smiling. “You find this whole thing amusing?” he asked. “Because I’m prepared to have you taken into custody and read this in your absence.’ Judge Hunter said he had been watching the demeanor of Mr. Shepherd during the trial (which had begun March 28) and he couldn’t help getting the impres­ sion the trial was being treated as something of a joke. “There’s no question in my mind that on the day in question his whole approach was that he was going to cut down those trees no matter what.” Judge Hunter said he believed the testimony of those witnesses who supported Mr. Walker’s view of what happened. In an unusual trial the two men were, in effect, tried separately but evidence given by the witnesses in Mr. Shepherd’s trial would have been used in Mr. Walkers except Judge Hunter threw out the charges against Mr. Walker before his defence lawyer even had to make a presentation. Mr. Walker had testified on August 5, 1989 he had been in the house he shared with Elsie Carter and her children when a noise was heard outside and he left his lunch to see Mr. Shepherd cutting bran­ ches off a tree on the other side of the fence between Mrs. Carter’s yard and Mr. Shepherd’s yard. A later survey proved the trees, although on Mr. Shepherd’s side of the fence, were still on the Carter property. Mr. Walker said he confronted Mr. Shepherd and asked him who gave him authority to cut down the trees. Mr. Shepherd smiled and said “you did.” Mr. Walker said he sent Mrs. Carter’s daughters into the house to call the police. When he told Mr. Shepherd the police were on the way he said Mr. Shepherd said the trees would be down before the police could get there. cost estimate of the project would be $15,000. Reeve Fraser explained the cost­ sharing proposal and the charge per lot. An easement would also be necessary to accept the private tile in the municipal storm sewer, which runs on the back of the block of lots between the two streets. All present connections to the private drain will be connected to the new drain. Following a brief general discus­ sion a motion was made to proceed with the storm sewer and include the easement for the private tile, to incorporate the private drain at the back of the lots between Jane and Brandon Streets into the municipal system at the charge of $300 per lot. The motion was carried. A regular meeting of Council was held the following evening in Council Chambers. Kevin Pletch was in attendance to request that the end of Jane Street in Belgrave be brought to MTO standards this year. An agreement has been on file, where­ by the roadway has been assumed by the township, but Mr. Pletch must pay the costs of bringing the roadway to standards. Council accepted the proposal to extend the street with Mr. Pletch paying all costs. Motions were made to proceed with the Pletch storm sewer on When Mr. Shepherd refused to stop cutting the tree Mr. Walker went down the street to ask two of his employees at his welding shop to come. He then went onto the Shepherd property and took away a ladder and the two hand-saws Mr. Shepherd had been using to climb the tree. As he took the saws, Mr. Walker said, Mr. Shepherd charged across the yard and threatened to kill him. He said he raised the saws in his hand to protect himself. Mr. Shepherd disappeared into the house and returned with a chainsaw which he started and proceeded to use to try to cut down the tree. Mr. Walker got a heavy piece of board and jammed it into the saw blade stalling the saw. Mr. Shepherd then restarted and tried again. Mr. Walker again tried to jam the saw but it didn’t stall this time. Mr. Walker said Mr. Shep­ herd got up from where he had been cutting the tree on one knee and lunged over the fence, cutting him on the arm with the chain saw. The saw opened a three inch gash on the arm right through to the tendons. Mr. Walker said if he hadn’t backed up the saw would have struck him in the throat. One of the employees Mr. Walk­ er called, Barry Comeau backed up most of Mr. Walker’s testimony. He said he saw no evidence that Mr. Walker had threatened Mr. Shepherd. Robert Michael Durrell, the oth­ er employee called to be a witness also said he saw no threats by Mr. Walker toward Mr. Shepherd. Mrs. Carter said none of the five people gathered on the lawn made any threatening motions toward Mr. Shepherd. Two neighbours who witnessed part of the proceedings from their yards had differing testimony on what had happened but Judge Hunter said that Roy Machan and Gene Marcuccio were both too far away to have had a clear view of the happenings. Mr. Machan had testified he was in his backyard cutting grass when he saw Mr. Walker jump over the fence between the Carter and Shepherd yards and threaten Mr. Jane and Brandon Street and that a letter be sent to the owners of the applicable lots affected by the proposed storm sewer advising them of the $300 per lot charge, when the connection is made. Council was informed that $75,000 has been allocated for supplementary funding for the Bodmin Bridge for this year. The energy grant for a new furnace for Belgrave Hall and the township shed for door openers at 75 per cent funding has also been approved. After discussion about the bud­ get Council passed a motion that the township accept a proposal for the municipal portion of the 1990 budget with a total amount of $227,095 to be collected and in­ clude the purchase of a new dump truck with $35,000 for the truck being collected on taxes and the remaining expenditure for the truck coming from reserves. Council decided to proceed with the Bodmin Bridge repair and contact Ken Dunn of B.M. Ross and Associates, Goderich for the firm to proceed with the plans. A ratepayer attended the meet­ ing to ask for the township’s assistance in paying for her day care expenses. The unidentified woman is a single parent on family assistance who works. Wingham Day Care approved 80% funding but she must pay the remainder, which amounts to ap- Shepherd by swinging one of the handsaws near his head. He said when Mr. Shepherd had the chain saw going, Mr. Walker was leaning over the fence poking at him with the board. Mr. Marcuccio said he was about 200 feet from the altercation. He said he saw Mr. Walker with the two hand-saws held over his head. Under cross-examination by Crown Attorney Jamie Grant, however, he said he didn’t see Mr. Walker wave the saws at Mr. Shepherd or chase after him. He said, however, that when Mr. Shepherd was waving the chain saw just before the injury to Mr. Walker, he felt the saw was being aimed at the board which Mr. Walker was poking at Mr. Shepherd rather than at Mr. Walk­ er himself. He admitted he did not see the actual cut take place. Testifying in his own defence Mr. Shepherd said there had been several altercations with Mr. Walker in the 10 months Mr. Shepherd had lived in the house. He claimed when Mr. Walker came over to argue with him as he was climbing down a ladder from limbing the tree, Mr. Walker had pushed the ladder. After Mr. Walker took the saws Mr. Shep­ herd had threatened to turn the dog loose on him if he didn’t get off the property. “I let the dog go but he ran away,” he laughed. He said that after he had started the chain saw Mr. Walker was poking at his ribs with the board and he tried to fend off the board with the running saw. The whole incident took place in a matter of seconds, he said, and the saw struck Mr. Walker. Defence attorney Thomas Troyan tried to play up inconsistencies in the testimony of crown witnesses but Judge Hunter wasn’t buying the argument. “I’m satisifed that your client went over the fence at Mr. Walker”, he told Mr. Troyan. As well as his four month jail sentence (which he may serve under the temporary absence pro­ gram) Mr. Shepherd also received 12 month probation and was order­ ed not to own any firearms or ammunition for a period of five years. proximately $69 a month. In 1989 Council had passed a motion that if ratepayers presented their situation, requesting 20 per cent funding for day care expenses, for subsidized families, they would consider the matter. After the woman left the meeting Council decided to pay 10 per cent of her day care costs. A by-law was passed to authorize garbage collection in Walton and levy a $5 per month charge per household. A by-law to set up and establish a special rate area for Belgrave and levy a mill rate for this year of 1.24 mills for residential and 1.45 mills for commercial was approved. Construction of Cloakey Drain is to proceed as requested by Mait­ land Engineering Services in May and the report is to be completed and meetings with the contractor be held after the adoption of the by-law. Council agreed to this arrange­ ment since the landowners, Wayne Fear and Doug Cloakey, and the County of Huron have agreed to expedite the work early so there will be no crop damage where allowances under the Drainage Act for crop damage would be neces­ sary. The tile drainage loan applica­ tion of Bruce and Grace Schmidt of Lot 16-18, Cone. 10 was accepted subject to availability of funds. Council had no objections to the zoning amendment for Cone. 9, Lot 33 in East Wawanosh. Notification was received from the Ministry of Natural Resources that May 6-12 is Forest Week. Councillors Deloris Souch and Bert Elliott declared a pecuniary interest concerning a grant for Town and Country Homemakers as Mrs. Souch is employed by them and Mr. Elliott’s wife also works for the organization. A grant of $400 is to be given to Town and Country Homemakers in May. Councillor Clem McLellan advis­ ed Council that part of the ground on the north side of the Brussels, Morris and Grey Community Cen­ Try th* Cl***ifl*d Adal Robert & Mark McIntyre Hearing Aid Specialist will be holding a HEARING AID SERVICE CENTRE on WEDNESDAY, MAY 9 AT74THE SQUARE, GODERICH PHONE524-7661 FOR APPOINTMENT THURSDAY, MAY 10 AT MEDICAL ARTS BLDG. JOHNST., WINGHAM PHONE357-2111 FOR APPOINTMENT If your present hearing aid needs service or you are thinkingofpurchasinga hearingaid CALL TODAY McIntyre hearing aid SERVICE 275 HURON ST., STRATFORD tre is going to be stripped with crush gravel applied, so the area can be used for parking. He also advised Council that the land to the south of the arena, proposed for land purchase by the Agricultural Society has not pro­ ceeded and there will be no proceedings on the land purchase until approved by the recreation committee. 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