The Goderich Signal-Star, 1976-09-30, Page 9uron vo
A: proposal to have ,Huron
County establish an annual
grant of up. to, $1,000 ona
matched . dollar£or . dollar
basis, as an incentive to
municipalities to fermand
operate co=operative area
Recreation Boards was
defeated on Friday by the
council. The vote showed 33
opposed and 'ply 20 favoring
the motion.
County Council did support
the theory of'forming such
area boardsto facilitate
"better co-operation between
municipalities and to en-
courage better utilization of "�
facilities and service's.'
The Clinton Town Council
had first asked Hurgn Cottnty •
Council to' investigate .the
fiaiancina. of recreation
services within the County in
January of 1974.
Since that time, the County
Development Officer, Spence
" . Cummings, in co-operation
with representatives from the
Ministry of Culture and°
Recreation andseveral of the
Recreation Directors from
municipalities within Huron
County, has worked to assess
and evaluate the, current
status quowithin the County._
In September of 1975, this
group submitted a report to
County Council which in
vestigated the atY.eas- of
existing facilities, . facility
uses, a breakdown of the
recreation finaecing in the
County, population statistics,
the .planning , prpcess for
recreation in the County, the
extent` of co-operation in
planning,e,akl. actionthat
exists at present,' future in
divi.dual plans of
municipalities and the at-
titudes of both. elected and
municipally appointed of-
ficials to the question.
-As a result of that study the
conimittee .recommended to
' council that Huron become
CIVIC
MEETINGS
Monday October 4 the
Goderich Town Council will
meet at ..7':30 p.m. in -the
council. chambers: '
Tuesday • October 5 the
Plannin'g Board will meet in
the Council Chambers at 7:15
p.m. and the Committee of
' Adjustirient. will meet in the
Mayor's office at 7:00 p.m.
Colb°brne Township Council
will hold --its regular council
meetings for . October • on.
Tuesday October. 5• ',and
Tuesday October 1.9.
more involved in the
assess.xnent,, planning,
development and . support of
recreation • in the County.
They also ' suggestedthat
neighboring municipalities be
'encouraged to develop
methods of co.cperatiori in
the delivery of recreation
services and education in
changing 'trends , f n the
philosophy of leisure. It was
also suggested that equitable
and -fair system for cost
sharing and decision making
arnongeemunicipalities that
'are sharing programs and
facilities. be developed, using
an appropriate formula.
system.
County Co.uncil accep_ ted
that,report,• as presented, and
asked the Development
Committee to research the
topic furtherand to come
back with suggestions on how
those recommendations
might be carried Out.
The Development Corin
mittee then formed an in-
ternal . Recreation Study
Committee to deal with the
issue,composed of three
members from the
Development Committee, the
County Development Officer
and two Recreation •Directors
from within the County,
This- subcommittee,
together with the Develop-
ment Committee, held three
meetings, at Exeter, Clinton
And Witigha ri, for focal
councils • and recreation
committees.
A questionnaire was
completed • at th,e meetings,
and based on the results the
committee • presented
Friday's recommendations te-
County Council. •
Development Committee.
chairman Frank Cook
(Deputy ' Reeve of Clinton)
told the council that he did not
believe the grant, which could
reach a maximum of only -
$26,000,
nly$2'6,000,. would solve the
problem.
"But it could serve as a
carrot, an encouragement, to
the municipalities to get
together in local boards," he
said. •
# Goderich Deputy Reeve
Bill Clifford asked just what
the criteria for receiving a
grant would ,be, ,pointing out
that Goderich has worked in
co-operation, with . Colborne
and. Goderich Townships for
ghee tizn : ' .
° Clerk Treasurer B.G.
Hanly explained that any
such cn.:opex.ative, . board
operating programs valued at
$6,000 would be eligible. He
went on to point ,out, that
'es
•County y1/on'f
angle
4,000 carrot
recrea
formation of the area boards
would in no way affect the
existing recreation conn-
mit'tees-in the municipalities.
Those `committees would
continue to operate as
always.
Finlay MacDonald, Deputy
Reeve of Ashfield told •the
meeting that in his opinion
this is a time of restraint and
the County • was `"into too
many, things already. 'We
don't need- td go into
recreation as well".
As the final vote -bn, the
recommendation reflects, a
number, of- the councillors
•4'r
were willing t endorse the
proposal to encourage the
area boards, but not to
sweeten the pot 'with any
financial assistance. • -
McKillop , Reeve Allan
Campbell suggested that .at
presdnt a great deal of
voluntary .assistance 'goes
into operating the cotnarlenity
arenas across the county,
especially the smaller ones,
and he • told council that in-
troducing more grants might
well serve to- destroy this
"home effort and local
philosophy" °
Hensel' Reeve John Baker-
•
said that in his village there
was a real -need for area
recreation.
"Even if this proposal is
defeated, I want to sit down
with the surrounding town-
ships and talk about area
recreation," said Reeve
Baker. ' • •
Noting that council seemed
unwilling to put up the
necessary.;funds to introduce
the grant system Harold
Lobb, Reeve of Clinton,ewen
suggested that the :County
` consider starting . its own
lottery to -raise the necessary
funds...
,129 YEAR -40
e
•
THURSDAY, SEPTEMBER 30, 1976
•SINGLE C(JPY 25e
Vista corners The old and the new
•
Council. clears Athe way for building d, emotiton
3t. didn't take Town r; Council long
Monday evening to decide that :it had no;'
legal right to delay demolition of the
for%ter Colborne House at the corner of
Hamilton and Newgate Streets.
: The town'ssolicitor Dan Murphy told
,
council that in his opinion, the building
inspector acted properly when he issued
the demolition permit to McGee Motors,
owners of the building.
- Members of the .1Qcal branch of the
Architectural Conservancy. of Ontario
had approached council last week asking
it to temporarily suspend the demolition
Council divided on tree cutting incident
r
BY RON SHAW e
The Signal Star has lear-
ned, from sources within the
Menesetung Park Property
Owners'- Association, that
London lawyer E.A. Cherniak,
has been retained to in-
vestigate means bywhich the
property owners, can obtain
redress for damages suffered
When, trees were cut' at the
west .:and of Sky Harbor
Airport last March,
In a,_ telephone interview
rlast week property owners
Elizabeth Kilgour' and .Mrs.'
A. Laing confirmed that they
had placed the matter in the
hands of •their ' attornies.. Mrs.
Kilgour would not comment
further • but Mrs. -Laing said
Mr. Cherniak would be acting
for her.
Mr. Cherniak confirmed on
Tuesday that he had been
retained by '..`a number" of
property owners, 'at the
Menesetung • Park . but
ed -to say
declined -to how many or
name any of his clients.
Approximately . 200 trees
were either., trimmed or
topped to a•height of -30 to 60
feet by work crews of the
Cod'erich Public ' Utilities
Commission on March 29
underdirection from
Godeih Mayor ' Deb
Shewfelt. That order was
issued, to the attention of Don
IVIacMiilan of • the Public
Utilities Commission
management staff, on March
12, 1976- over the sigh;eture of
Mr. Shewfelt.
A previous notice to the
P.U.C. signed by the Town
Clerk -Treasurer 3, Harold
Walls, was .issued on
-• IJeCember : 30 ° of 1975.
Although . the matter had
enesetun
never been brought to the
Town 'Council' for ' con-
sideration the order notes:
';`The Municipal Council of the
Town of ;`Goderich • ap-
preciates • the co-operation 'of
- the P:U.C. in assisting in the.
tree trimming program that
will have to be.undertaken in
• Colborne ,Township.. in don -
junction with operations of
the Airport." . .
The . trees were being
trimmed because it was the
opinion of the Airport
Committeethat they were
obstructing' the landing path
of aircraft at the airport, and
that.. they were one of the
obstacles . in the way of Sky
-Harbor receiving ac--,
creditation for . night
operations erations •
That December 30 direction
went on to state that, "The
Town of Goderich is ac-
cepting . all: liabilities con-
cerning this operation in the
event that any action is
brought on by outside.
property, owners or due to
accidents involving P.U.C.'
workers." . ' -
It is interesting to note that
the Town of Goderich felt
confident enough of its
position to accept "all
liabilities" in spite of the fact
that on two occasions prior to
issuance' of the final order to
the P.U.C. 'the Town's
solicitor, Dan Murphy, had
advised 'against proceeding
with'the work
On May 14; • 1975 Mr.
Murphy had advised in ° a
'on't reduce
A final tte
Pt to pass. a motion calling for aa private
members bill which would have reducedthe size of
County Council from its present 45 members to 36 failed
at the' September session of Huron County Council in
Goderich on Friday.
If passed, the bill -would have provided for the com-
position of county council as. follows:. the reeves of the
towns; not being separated towns, and of the villages and
townships in the county, together with the deputy reeves
of such towns, villages and townships where there were
2000 or more municipal electors. •
- Where a town not being a separated town or village or
township in the county had more than 4000 and not more
—tan 6000 elec"tors, the reeve as a member of the county
council ,would have• an additional vote and *ere the
m,ai•rii'cipality has more than 6000 electors, the reeve and .
deputy reeve as members of the county council each had
an additional vote:
Speaking before defeat of the motion Cecil Desjardins,
Reeve of Stephen Township, noted that.teintroduCtion of
the motion was another attempt to change "what is
working just fine". '
" The motiottwas lost on a "vote by show of hams',
permit until tiaeuse�nf the land. on which_
Colborne. House ' stands had been
determined.
The Conservancy members strongly
oppose, lylcGee's'propesal to locate a car
lot on• the .property, one of the "vista
corners" from The Square.
• "Council has . soine right to decide
what happens in the downtown area,"
argued Councillor .Elsa Hayden. -"We
have._a unique Square,.and an obligation
to that Square. I: believe we have some
right if we wish, but of course the wish.
has to be there first." .
"You would have to have a firm
policy," Mr.Muphy advised council. .
"It isn't a `question .of "refusing a
permit. You've already granted one
under your bylaw and now you're trying
to revoke it," explained Mr. 'Murphy.
"On the face 'of it, I wouldn't have known':
how Mr. Breckenridge could have
refused it. The committee itself wasn't
concerned with saving the building it-
self,.....bnt ..rath.er• what the owner was
going' to do with the property when the
building was down." '
"You mean we really have no'power
residents threaten legal
until the ow.ners violate the zoning
bylaw," asked Councillor Bob Allen.
"Yes,"' confirmed Mr. Murphy.'
• Mrs.: Hayden made a motion that the
town ° • temporarily suspend the
.demolition permit until the future use of
' the 'property was determined. Reeve
Stan P..rofit seconded the motion, at the
same time announcing he would vote .
against it. . , .
"Mrs. Haydon s motion deserves to be
voted en," said Reeve Profit. '
In a recorded vote, only Mrs, Hayden
voted in favor of the motion. .
letter addressed to. the Town
Clerk -Treasurer • that the
town "would certainly be ill
advised to cut 'any trees".
Again on September 15,
1975 the solicitor wrote to Mr.
Walls noting :that he had-
:again
ad:again checked . "with- the
Department clf Justice • 'in
Ottawa and theyadvised me
that they are still doing some
investigation into the mat-
ter".
"They are 'still of the ten
tative opinion," -Mr: Murphy
_ pointed out, "that although
valid expropriation orders
have been signed, except in
rare cases, no compensation
was ever paid and they are of
•the opinion that the Town
would be subject to a law suit
'these
tocut
if. you proceed
trees at the present time."
-"They are wondering if the
Town and ° Department of
Transport have .considered
any alternative to cutting_ the
said trees," he concludes.
burin fithis- eriod, and for
tg Phat ,matter rigl `t up to the
day the town iroceeded to cut
the trees, it was -no -secret,: to.
the Airport Committee at
least, that the residents, on
whose property the ,trees
would be cut, were
vehemently opposed to the
town's action. .
Airport- Committee
inemoer Dave Gower, one of
council's representatives on
that committee, had been told
in early March of ,1976 by
Charles Rowland, the' then
chairman of the Menesetung
Park Property' Owners'
Association, that if the trees
'' were cut , the town would be
'sued by at least oiwe. party,
.
and pos,ibly a number of
others. -
The property •owners, did ..
not limit themselves to verbal -
protest 'however andbom-
barded the Town with letters
concerning the matter.
GET LETTERS
Last week the Signal Star
requested, and received,
copies of letters concerning
the affair. On January 7, 1976
Mr. Rowland received a
letter from. ' the Town Clerk
requesting permission from
the property' 'owners in the
area at the west end of the
runway, extending to the.lake
it
:'�• h
bank, to have the ' trees
trimmed and cut as required,"
to meet "the 'Department of
Transport regulations."
On •February 27, 1976 Mr:
Rowland replied to Mr. Walls
noting, "I wish . to clearly
express the vie* that I do not
consent to any trees being .
trimmed in the reserve area
of Meneset Park." • The
reserve area ,being• an un
developed portion near the
centre of the park which is
owned in common by the
property owners.
In that letter Mr. Rowland
goes on to point put, "Please
• If the Huron County village of Blyth
can betaken as any example, the larger t•,
communities throughout- this. region
might take a lesson indeterminatiomand
enthusiasm for fund raisipg. That
community has already be. un con-
.
struction of. a $'386,000 community•centre
°. to replace their old arena closed by the
fund
1GIinistrY of Labor andraising is
progressing at an amazing rater . . r •
h -i• + '-i
The first stage of new regulatioes .of i
the Ontario Ministry. of the Environifient
covering soft drink containers Will go
into effect across the province) Ron
October 1.
�- -1- -I-
Canada is beginning to tighten up its
immigration policies in earnest. Gone
are the days of wide open doors and few
questions asked.
After holding :Out against world
opinion, and in the face of United
Nations sanctions, for eleven years the
regime of Ian Smith in Rhodesia finally
may have thrown in the towel and bowed
to demands of blacks for tna jorit`y rule.
be advised that no one. acts:
for me in: anynegotiations
with the Town of Goderich
and I suggest that prior to any.
steps being taken by the town,
that it shouldsend notice' to
each property ownerth offer'
that, they might be heard,„on
this matter." '
He goes on to sae :that, !'I
`wish to point out that on a
prior occasion I wrote to you
indicating that`. at :,no time
would I agree to stich tree
trimming to which you, never
replied."
"I propose.to hold the Town
liable for any action which
results in any land in which I
have a - beneficial interest
from being'-advier'sel'y• af-
fected."
I feel that the Corporation
of the Town of Goderich," he
concludes, "is . refusing to
recognize the law .and the
most elementary principles
of land ownership. I thought
that such had been regarded
as illegal for time intif
memorial and at least since
the signing of the Magna
Carta, (1215)." '
In another letter from Mr.
Rowland there is reference to
a donversation between him
and Mr. Walls oil February
23. "Almost immediately
.after our conversation," Mr.
Rowland writes (to Walls) in
a` letter dated February 24,
1-976, "I received two long
distance calls from the
Grants and the Kilgours,"
(other Menesetung property
oners).
He explains • that the'
Kilgours were acting on
behalf of other property
owners the Meanwells,
Laingso, Marenta°is and
relatives of their f°imily. Mr.
action
Rowland then goes on : to
agree to -proposed 'trimm'ing
'based on a:formula presented
to him by the ,town which •
would have lowered the trees
to 95 feet.
The. agreement to. this .
trimming was provisional on
the ratepayers checking the
paint lines for proper height.
The Town Clerk- however,
wrote again on March 25,1976
(four days before actual
cutting began), saying that
the formula„he had outlined
was incorrect and tq "con-
firm that the Municipality is
prepared to trim the trees at
Menesetung Park.”
"The Municipality is
prepared to undertake.'the-
tree
the -tree trimming program on
March 29," he noted. 'When;
that trimming was carried
out the putting was to,a level
much lower than 95 feet as the
ratepayers had been
prepared to agree to:
' . It can not be said 'that the
indicate
did not i ndi
cate
their displeasure with the
proposed ' trimming. Con-
sidefing the letters and --
meetings bet -weed Mr,, W,alls,
Mr. Go*er and Mr. Rowland,
the position of the
Menesetung . Property
Owners must" have been
Clear, - .
Never -the -less the P.U.C.
'received an order; signed by •
the Mayor to proceed with the
tree trimming, That order is
dated March 12, nearly two
wets before • the property
owners had been informed by
the . town that the cutting was
going to be carried out to ta.
level much lower than the one.
to which they had been
continued o, •; w Y;
•