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Clinton News-Record, 1984-05-09, Page 1_ • ...• -74 • . . • - . ,o , • • • ' • • • • . 4,- • ''J,L , . • 7 7 7 717-7 .•.- 4. . •''' , . incorporating 50 -cents —No. 19 Wednesday, May 9, 1984 • Expropriation is a heated issue By Wendy Somerville What began as a quiet village council issue has become a large-scale controversy. Andy Turnbull, owner of Turnbull Marine Services in Bayfield has paid $14,000 for legal and engineering expenses towards a fight in Ontario Supreme Court against the village expropriation of a piece of land situated directly east of the old bridge abut- ment on the south side of the Bayfield River. On May 5, 1983, Mr Turnbull purchased the 450 feet of riverfront property for $34,000 from Bayfield -area sawmill operator, Phil Gemeinliardt, according to a deed registered at the Huron County registry of- fice in Goderich. Mr. Turnbull closed the deal with Mr. Gemeinhardt knowing the village of Bayfield had offered to purchase the property for $10,000. On June 10, after deciding to build a cot- • AV tage, Mr. Turnbull applied for a building permit, but council deferred the application. In mid-July Mr. Turnbutread a notice in the Clinton News -Record indicating the village planned to expropriate his land. It said that on July 4 the village.planned to ex- propriate Turnbull's land.. One day in August, surveyors hired by Mr. Turnbull to study erosion problems on the steeply sloped site were ordered off the pro- perty by village officials. On August 10, he received formal notice from the village about the plans to expropriate his land. At a November hearing in London to force the village to grant a building permit, the village argued it couldn't grant a perrnit because of the expropriation proceedings. Mr. Turnbull and his lawyers then dropped the building permit issue to challenge the legality of the expropriation bid. Andy Turnbull looks at a Bayfield River site where he hopes one day to build a cottage. Mr. Turnbull has been battling with Bayfield. Council over the land expropriation pro- blem since last July. He has already begun to clear land and trim trees, hoping that his second attempt to apply for the building permit will be accepted by village council. Coun- cil however, at their May 7 meeting, voted to proceed for a second time with expropria- tion plans. (Wendy Somerville photo) Five months later, on April 27, in Ontario Supreme Court, the expropriation bylaw was quashed because the court found it "in- jurious to the applicant (Turnbull) and il- legal in whole or in part. Since then, Mr. Turnbull has filed suit in Ontario Supreme Court to get an injunction forcing the village to remove a roadside bar- rier blocking a former roadway immediate- ly to the east of his property through which he hopes to gain access to his land. He is also seeking $1,000 from the village on May 24, in Goderich small claims court. He claims the' money was lost when surveyors were - ordered to leave his property. Mr. Turnbull is still seeking his building permit. . On May 7, Bayfield Council once again decided to proceed with an attempt t� ex- propriate the land. Faced with a 20 member audience and a petition signed by 17 people and presented by Jack Rogerson, co-owner of Colony River Cottages and Marina and co-owner of Bayfield Boat Yard Ltd, council was asked to comment on a number of ques- tions relating -to the cost and nature of the expropriation proceedings. The first question asked what the definite plans, both short and long term, were for the property. Councillor Lloyd Huffman, Coun- cillor Reg Wilson and Councillor Helen Owen agreed the property was to be developed as parkland. Councillor Owen ad- ded, "And also so that we can keep an eye on the erosion problem." Councillor James Quick said the property, apart from parkland, might also be developed as a green belt. Reeve Dave Johnston noted that the mat- ter had commenced prior to when he sat on council. He added that it is the intention of the village of. Bayfield to develop the land • for par and and erosion cOntrol. Ank r question asked how the Allage of Bayfiel •expected .to pay for the pliperty,, where' d they receive aproNaTapnal opi- plans totkyelop the property in the same isuratteri and lad Woin a *11.ablEy.4nann, eNit-the village Owned marina that Sour: . ouncilloinuffinan reftfsed to eg: lies direttly west of the old:bridge Mint- nient, Councillor Owen said the only , meat. He added that work to the west was she could see handling the money ;done with sheet piling and back fill for ero- would be to settle it through a third, party. sion "control and the present property in Councillor Quick agreed with. Councillor question would require picnic tables and a Owen. Councillor Wilson said, 'Who can say Turn to page 3 how much?" Reeve Johnston said he didn't have any idea of the Value because, "I don't think the matter has been finalized down there (the river) yet." Singe the issue began, many villagers have been concerned that the property, if developed by the village, could become yet another marina. In September of 1983, a anonymous group calling themselves, The Bayfield Citizens Group: for the better ad- ministration of local government, wrote to council of their concern for the possibility of li new marina. 9s this erosion control as stated, or is this putting in a marina?" they wrote. "If it is erosion control, put in gabions not steel boat docks - Be honest with the citizens of Bayfield. The Bayfield Ausable Con- servation Authority say there is no reason for erosion control on this section of the river, and funds from them, for this, are not available." At their May 7 meeting council was asked how much it would cost to develop this pro- perty into a marina "or whatever is plann- ed"; and is funding ' available in the way of loans, grants or tax dollars: The petitioners wrote, "We understand that no funds are available from the Conservation Authori- ty". Councillor Huffman said the question had never, "been put to us", but there were grants available through the federal govern- ment. Councillor Owen said she had heard no word of a possible marina but she felt the Conservation Authority would give the village assistance. Councillor Quick said if the property was to be developed as parkland, the only cost would be sheet pil- ing. Councillor Wilson said he thought there would be available funds for the develop- ment of a parkland. Reeve Johnston said because there are no plans for a marina he could give no hypothetical costs., He also said they had no Legion hosts tourney By Rod Hilts CLINTON - Over 46 teams from across Ontario will converge on the Clinton Legion to participate in the annual Provincial Euchre Tournament on May 12. Clinton won the honor to host this year's tournament after capturing the event last year. The defending championship Clinton team of John Semple, Eric Switzer, Ed Deeves and Fred Jackson won't be in this year's final as they were eliminated m district playdowns held in Lucknow. This year marks the first time in four years that the Clinton team failed to make it to the finals. "It's quite an honor for this branch to host, the event The euchre tournament is a good idea. It gives some of the smaller branches a good chance to win," Clinton Legion Branch. 140 President Steve Maguire said. Nine legion districts from across Ontario will be represented. Teams from as far away as 'Kirkland Lake Will be trumping . their opponents in an attempt to claim the championship trophy. The winning branch OMAF needs more parking space By Shelley McPhee CLINTON - If a solution can't he found to the parking limitations at the Ontario Ministry of Agriculture and Food (OMAF) office, the government agency may be forced to leave Clinton. That was the main thrust of a presentation made by OMAF representative Don Pullen to Clinton council on May 7. Parking problems at the King Street office are not a new concern. In fact a few short years ago the problem was suitably handled, but now OMAF field workers are again facing parking difficulties. The problem is simply this - lack of convenient unlimited time parking space. The problem specifically concerns 14 OMAF specialists who travel to and from the office several times a day. They may be in the office for a matter of minutes, or they may be there longer than two hours. The major concern is lack of available parking space and parking ticket problems. Mr. Pullen commended bylaw enforcement officer Murray Taylor on the fine job he is doing in controlling parking restrictions, but Mr. Pullen wants to make some type of arrangement to avoid parking tickets for his staff. He stressed, "We don't want free paring, we're quite prepared to pay." Mr. Pullen suggested using the former system of OMAF purchasing parking stickers from the town. The stickers, to be asaigned to specific cars, would allow parking over the two-hour time restriction, without being ticketed. This system was used in Clinton for many years and Mr. Pullen noted, "OMAF is quite prepared to pay for the stickers....the system worked perfectly before." Mayor Chester Archibald agreed, noting, "We did it before with no complications." Parking limitations are inconveniencing workers and visitors to the OMAF officer and Mr. Pullen stated that if a solution can't be found, "we'd (OMAF) opt for relocation." He noted that this was not a threat, but a simple fact. Other area municipalities have given OMAF enticing offers to relocate, but Mr. Pullen noted that the provincial office has been in Clinton since 1918 and would like to remain. The majority of council understood the OMAF parking problems, but Councillor Turn to page 3 Nothing runs like a deer A Brucefield area man escaped injury when his vehicle collided with a deer on May 5. Randy McGregor, 18, of RR 1 Brucki was southbound on Concession 4 of Stanley Township when a deer ran in front of the car and a second deer ran into the passenger side of the 1978 Chrysler he was driving. Goderich OPP reported that the deer bounced off the car and keep running. Mr. McGregor escaped uninjured, however, th car wasn't quite as fortunate as it sustaine $500 damage. Collision injuries one A two -vehicle collision on County Road 8 injured a Clinton woman and caused $1;300 damage. On April 29 Gordon McMurray, 35, of London and Rodney Patterson, 26, of Clinton were travelling southbound in separate vehicles on County Road 8, 2 kilometres north of Highway 4 when the accident occurred. Goderich OPP reported that McMurray's 1980 Chev struck the rear of Patterson's 1978 Oldsmobile. Cathy Patterson, 25, of Clinton, a passenger in the Oldsmobile received mininal injuries. Damage was estimated at $800 to the Patterson vehicle and $500 to the McMurray vehicle. The Clinton Police reported one major ccident this week that resulted in $12,000 in th es. Invest'gating officer, Constable Don Armstro said that two cars collided at the corner of 'N incess Street West and Shipley Street on M 7, and send the two drivers to hospital. A car driven Joan Lyndon of Goderich, received $5,000 damages and the driver received minimal in es. The second car, driven, by Dr. Frank Newland of Clinton rec ived $7,000 in damages. Dr. Newland received a head injuries and was treated at Clinton Public Hospital. will also receive a plaque for their victory., Each team will play nine games and the highest point total will be declared the winner. District C Sports Officer Art Roiden of St. Marys will be in charge of setting up the games. A kick-off dance for Legion members and guests will be held on Friday night at the Clinton Legion and the euchre games will commence Saturday afternoon at 1 p.m. Action will continue until approximately 5 p.m. The Ladies Auxiliary will look after a roast beef meal served with all the trimmings. "Clinton Legion Branch 140 would like to extend a warm welcome to all comrades and guests to the Provincial Euchre Tournament," Mr. Maguire said. %,s;,•f;•:"" % , Kathy Bromley rose to the occasion last Thursday for Blyth Public School's Pioneer Days. The Blyth bread baker, prepared 40 loaves on Wednesday and vias busy with more during the day's activities. The school children were involved in various events throughout the day that were designed to celebrate Ontario's bicentennial. (Wendy Somerville photo) Roseniary Armstrong linton councillor resigns OST r ears in office CLINTON - One of Clinton's longtime councillors resigned on May 7. After ,seven -and -a -half years on Clinton council, Rosemary Armstrong announced - her resignation. . In a letter written Lu Mayor Chester Archibald, Councillor Armstrong explained, "The past months have indicated to me that although I still and always will, have the 'interests and concerns of the people of Clinton at heart, I no longer feel adequate to the task entrusted to me by those same people. There are so many important issues to be considered, which will be handled more efficiently by someone having the necessary time to apply to them - tirne which, I am sorry to say I no longer seem able to find." . Councillor Armstrong said that her decision to resign did not come easily and took much "thought and deliberation." She wrote, "I have enjoyed my tenure of office over the past seven -and -a -half years and specially have enjoyed being jointly responsible for many of the improvements to services around town, in particular the excellent garbage pick-up, we now take. so 'much for granted, as well .as the roads. program, which annually reduces the number of unpaved streets in our town. My personal pride and joy, is knowing that the Library -Town Hall -Police Station Compleit is nearing completion and that the dream a few of us had two or three years ago is now a reality. By the favorable conunents heard around tOwn, it would seem that our controversial ideas were justified and we now have a complex of which all our citizens can be proud." In closing Councillor Armstrong suggested that in the future, when more time permits, "I will take up the challenge once; again and 'offer my services to the town.'' In reply to Councillor Armstrong's letter, Mayor Chester Archibald said, "I was rather thunderstruck when I heard of Councillor Armstrong's;resignation. I would like to recommend that we don't accept this, but that wouldn't do any good." At first, no councillor would move a motion, accepting their fellow councillor's resignation. Reluctantly Councillors John Deeves and Bee Cooke moved the motion to accept Councillor Armstrong's resignation, "with sincere regrets." ° • .• ° ..,.••••.° • „ • •, • ` • • . ': • • • • :Nh #V"'" • - 44 4V., Diane Groenestege of RR 2, Gadshill ( centre) is this year's Clinton Klompen Feest Queen. Carol Straughen, (right) of Clinton was first runner up and Pauline DeVries, (left) of Exeter was second runner up. The queen pageant was held on May 5 at a Mayfest dance sponsored by Club Heimatland of Blyth. The Klompen Feest queen .., and her attendants will take part in the May 18 and 19 celebration. More details on the upcoming Feest,can be found in a special souvenier edition, featured in this week's News -Record. (Shelley McPhee photo)