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HomeMy WebLinkAbout04/06/1965 4 ~ Council Meeting, Naroh 30,c1965, oon~1nued: (1) The anm st .,8,700.00-i$ he~eby estimated .s the . . 8mpetldttU1'8"m.poncthB .onstrite'ttoIF'and"malbntenanoel",fb'th8~Tpiba48. al;d bbt 4g$scutn.ler:/tt 8e jultte!!:t c'lfolludur1ng=thetyea>> .1'1" "laayfollow s: fOI' ~.'. -', '~~ s \;o~:!,,:~ RQads Bridges & Culverts N~w Maohinery Superintendenoe & Overhead 6,00e.00 6,000.00 TOTALS I 98,700.00 I 98.700.00 (1)'The said monies shall be expended under the supervision ot the 4uly appointed township road superintendent and on work performed in aooor~anoe with The Highway Improvement Aot. - (3) The Clerk shall transmit duplioate oepies of this by~law , to the distriot offioe of the MUnicipal Roads Branoh, DepartmeAt of Bighways; Ontario, not later than March 31st of the said year. · c(4) The approval of the Ont~rio:MUnioipal Board shall be . obtained before any expenditure is authorized or work oommenoed whioh Will be financed 9Y the issue of debentures or monies " rais,d, in' a subsequent year. . Oonatruotion 43,100.00 49,600.00 Maintenanoe Total 43,100.00 49,600.00 . Meeting adjourned. e~e~ - ~. -- - I () cw J/~ 7ve. . REGULAR MEETING OF THE COUNCIL OF THE TOWNSHIP OF CLA...tUCE April q, 1965 at 10 a.m. Counoil Ohamber, Orono. PreSent: Reeve J. W. Stone Deputy Reeve L.A.Perrault Counoillor R.G. Chater Counoillor O. H. Falls Counoillor Lloyd Lowery Clerk H. E. Millson Road Superintendent M.L.Ross . ~ . , . 'l'l'j.e minutes of the last reg1tlar ;meeting and two special me,ti~s were approved as read o~ mo~ion by L. A. Perrault, seoonded byO. H. Falls. Carried. . I,was moved by R.G.Chater, .seoqnded by L.A.Perrault, that delegations be heard. Carried. . Messrs. Wm. H. Carman and R:C.Fdrresterread out and discussed the aspeots of Cou~oil's Resolution No. 48 dated March 28, 1963, with regard to the Police Village of Orono proposal to annex oertain properties adjaoent to the said Polioe Village. They now believe suoh properties may be annexed :to the Village in a more simplified manner providing new legislation were enaoted by the Province of Ontario. This subjeot, they said, had been brought to the attention of the Minister of the Department of ~funioipal Affairs who tentatively agreed that new legislation might be proposed for this purpose sinoe all parties to the annexation seemed to be agreed in prinoiple. Thi's busfness was oonoluded by resolution. ' Walter H. Pope, C.A. ,Auditor for the Township of Clarke, present~d and discussed the 1964 Auditor's Report wi th Counoil.. whioh was finally oonoluded by resolution. R.G.Ohater moved, seoonded by L.A.Perrault, that this Counoil establish the audit fee of $72.5.00 per annum to beoome effeotive in the year 196, and the Clerk prepare the neoessary by-law for oonsideration of Counail. Carried. . 2 - Council Meeting, April 6, 196" oontinued: . (( ( O. H. Falls moved, seoonded by Lloyd Lowery, that Counoil . recess for lunoh at 1 p.m. and resume session at 2 p.m. Carriedw Mrs. W. H. Gibson, representative for Clarke on t~e Board of the Memorial Hospital, aooompanied by Mr. B. Holden, Hospi- . tal Administrator, discussed varied aspects pertaining to . hospital costs with Council. All questions a sked of them by the members. of Council were satisfactorily answered. Reeve. Stone, on behalf of Council, thanked Mrs. Gibson and ~~. Holden for their attendanoe at Council. Mr. R. C. Forrester discussed the posSibility of the Polioe Village of Orono reimbursing Hr. H. R.'Best, Inspector under The Trench Excavators Act, for servi'ces to be rendered b!T him during the construction of the municipal water projeo't in Orono. Mr. Forrester promised to bring this matter to. the attention of the other Trustees and inform Council of their decision. General Aooount Vouohers No. 4 for April 196, and Road . Aocount Voucher No. 3 for March 196, were authorized for payment, if found correct, on motion by O.H.Falls, seconded. by Lloyd Lowery. Carried. R.G.Chater, on behalf. of the Property and Finance Committee, reported on those items requiring atteRtion in the TownShip Hall in order to bring t~e condition of the said Hall in line with ~l-Law 1469. The Council were unanimous in their decision.to empower the(said Committee to oorrect the i~ems reported. This action was duly sanctioned. The following oo~respondence was read out: . 1. Ontario School 1~ustees' and Ratepayers' Association, InQ. re Seotion Meeting, April 19 - 21, 19'5. - Filed. 2. Depart~ent of Agriculture re Appointment of Weed Inspector as business brought forward from March 2, 196,. - Tabled. ' 3. Kendal L.O.L. 405 re Gift of Chairs from Township Hall. . Filed. 4. Northumberland-Durham Health Unit Report for February 1965. .- Filed. 5. Mrs. Helen Lovekin re bereavement of the late 1~. Reg1nal Lovekin. - Received. . 6. Solicitor E. R. Lovekin re The Presbyterian Churoh in Ca.nada and Newtonville Cemetery. - Tabled.' 7. Department of 1~uni cipal Affairs re Muni cipa1 Works Assi s- tance Program Loan No. Al34. - Filed. 8. Lake Ontario Development Association re aoknowledgement of Membership Fee. -'Filed. 9. Ganaraska Region CQnservatian.Authority re Financial Statements at December 31, 1964. - Filed. 10. Township School Area of Clarke re proposed alteration.of existing Publio Sohool bus route. - Referred to the Road Superintendent and filed. . 11. Ontario Water Resouro~s Commission re Wel~ Cpnstruction Project No. 64-W-130, Contract No.1. - Filed. 12. Ontario Water Resouraes Commission re exeoution of contract for well c.onstruction under Water .Project.- Filed. 13. Department of Agriculture re Warble Fly Control Act. - Filed. I ( 14. Donald P. Warren, Barrister and Solioitor, re Part Lot 16, . Con. 3, Fnederick William Drowley. - Tabled. '15. J'. D. Moorhouse, Coun~ies' Engineer & Road: Supt. r~1965 prices. - Filed. 16. Ontario Water Resources Commission re oonstruction and . testing of gravel packed well, Project 64-w-130. - Filed. 17. Ontario Water Resouroes Commission re Contract 3, CQn- struction of a steel w~ter storage. stand pipe.: - FJ.led. 18. Ontario Water Resources Commission re Contraot 2, construo- tion of a W~t~r Distribution System. - Filed. 19. Marshall I,~klin ~fonaghan Limited re Wa'tee.r Contract No.3. - Filed. I ( . .20. Ontario Water Resouro~s Commission re fully executed copy of the final agreement for water project. - Filed. 21. Department .of MunioipaJ. Affairs re Municipal ',!forks Assis- tance Program Loan A134. - Filed. 22. The Ontario Assooiation of Rural lfunicipalities re Member- ship Fee. - Filed. . ''''''If (( ~ 3 - Oouncil Meeting, April 6, 1965, continued: t t' . . 23. Department of Agriculture reWarble. Fly Control Act. - Filed. 24. Department of Highways ,re subs idy ont purchase of Motor Graders. - Filed. ( t 25. Township of Saltfleet re Provinoial Aid fpr Police Services. - Filed. . 26.E. Richard Lovekin re Nursing Home, Draft By-Law. - Filed. 27. Orono Publio Library Board re apknowledgement of gran~. - Filed. 28. E. Richard Lovekin re Mosport Limited taxes. The Clerk was authorized to instruct the Solicitor to close thi~ file. 29. E. Richard Lovekin r8 Jackson HemorialPark. The Olerk was quthor1zed te instruct the Solipitor to close this file. 30. Horaoe R. Best, Building Inspector, re Building Permi t No. , 34-61. !he Clerk Was instructed to reply stating, that. the Permit Fee on the residence will be related at such time as the BUilding Regulations en the garage have been complied witb. 31. Oatarlo Good Roads A.ssociation re 196, School for Road Superintendellts. Referred to Road Superin-tendent wi th power to aot. e' . ( t 32. Oanadian Federation of Mayors and.Municipalitie$ re The Bell Telephone Oompany of Canada. - Filed. (' . 33. ~s~ w. H. Gibson report to Council in respect tOe the delegation aforesaid. - Filed. 34. Oentral Lake Ontario Conservation Authority re ~~nutes of General Meeting of Feb~lary 12, 1965~ - Filed. "5. E. Riohard Lovekin, re Community Hall at.Newtonvil1e - two letters. Referred to Olerk and Solicitor. 36. Th, Ontario lfunicipal Board re Water Project in the Police Village of Orouo. - Filed. ( ( 37. Department of Highways re Report of Expenditure and SubsidY for 1964. .~ Filed. ( 38.. Department of Highways re issuing of Building J;ermits on . Provincial Highways. - Referred to the Clerk and Building. Inspector. 39. E. Richard Lovekin re Proposed Restricted Area By-Law. ,- Filed. 40. E. Richard Lovekin re Building By-Law. ,. Tabled. . 41. Department of ~~nicipal Affairs re appointment of Committee 'of Adjustment. - Refe~red to Special Meeting to be held on April 12th next. . 42. Mr. M. L. Ross re Road.Superintendentts request for Sa19ry increase. - Referred to the Road and Bridge Committee. The following resolutions were passed: . Resolution No.5,: Moved by L.A.Perrault, seconded by R.G.Chater: Resolve that the auditor's repent for (the year 1964 as presented by :Mr ~ 'Val ter Pope be and is hereby accepted and the Clerk be authorized to incorporate the Auditor's recommendations in the 196, General Budget. - Carried. . Resolution No. .56: Moved by O.H.Falls, seconded by Lloyd Lowery: Resolve that the T.ownship of Clarke change (to Daylight Saving Time to be effective on April 24, 196,. - Carried. , Resolution Jl.Ta. 57: l<!ov.ed by R.G.Chater, seconded by O.E.Falls: Resolve .that the tenders for Fenctng ].~aterials received from. Rolph Hardware, Durham Fa,rmers' County Co-operative, Lunn'.s R~rdware be and a~e hereby accepted as per (tenders $ubject tQ the approval of the .Department of Highways of Ontario. - par.ri ed. Resolution No. 58: Moved by O.H.Falls, secon:ded by Lloy:d L.owary: Resolve that the tender for Calcium Chloride re~eived from Allied Chemical Canada Ltd. be and is hereby accepted as per tender, subjec~ to the. approval of the Department of Highways of Ontario. - Carri ed. ( . Resolution No. .59:. Moved by L.A.Perrault, seconded by Lloyd Lowery: Resolve th~t the tenders for Corrugated Steel Culverts receiv~d from Armco Drainaga & Metal ~roducts of Canada Ltd., Fawcett Matal.. Products Ltd., Corrugated Pipe Company Ltd., Ontario Culvert & Metal Produots Ltd., The Pedlar People Limited, Westeel products Limited, Robertsteel (Canada) Limited, Rosco Metal Products Ltd. be and are hereb~ accepte~ as per tenders subject to the approval of the- Department of Highways of Ontario. - Carried. . . . ( 4 - Oouncil Meeting April 6, 1965, continued: Resolution No. 60: Moved by t.A.Perrault, seconded by Lloyd L~e~: ' Resolve that the tender for Equipment Rental received from B~avardale Construction Limited be and is nereby accftpted as per tender subject to the: approval of the Department of H~ghways ofOnt ario. - Garri ed. Re$olution No. 61:' Moved by R.G.Chater, seco~ded by L.A. Perrault: Resolve that the tender for Gravel Crushing received from Fred Nelson & Sons Ltd. be'and is hereby accepted as per tender subject to the approval ~f the Department of Highways of Ontario. - Carried. Resolution No. 62: Moved by R.G.Chater, seconded by L.A. Perrault: Resolve that the tender for Gravel-Hauling received from Fred Nelson & Sons Ltd. be and-is hereby accepted as per tender subject to the approval of the Department af High- 'ways of Ontari o. - Oarri ed. Resolution No. 6~: Moved by L.A.Perrault, seconded by R.G.Chater: This Oouncilhas no objection to The Police Village of Orono annexing' approximately 30 acres adjaoent to the eastern limi t of 'the said POlice Village, being Part Lot 27,. Conoession 5, Township of Clarke, providing no objections in the form of petitions are reoeived by tpis Council.. - Carried. The following by-law was read a first, second and third time and finally passed: By-Law' No. 1478: A By-Law respecting licences :tor Nursing Homes. lfHEHl!:AS the Departmen't of Publio Welfare h,ave passed extensive new reG!;ulations whioh came into force on the 1st of January 1965, and \VHEREAS it is imperative that the Township\of Clarke amend its By-Laws regarding nursing homes in order to make them uniform with the new government regulation~, NOW THEREFORE the Council of the Corporation of the Township of Clarke hereby enacts as follows: 1. In this BY-law' , {a} ttmunioipality" means aoounty, city, separated town, villa,ge, township or improvement distriot; (b) "nursing home" means a 'nureing home that, (i) is operated as a business, and. (ii) oares for three or more residents who are unrelated to the proprietor; (o) "nursing services" means nursing services provided to residents by or under the supervision of a registered nurse, and inoludes the planning and exeouting of nursing Oare in acoordanoe with the orders, instructions anq presoriptions of a physioian; , (d) "physioian" means a duly qualified medioal praotitioner; {e} "proprietor" means the person who has been granted .alic'ense . to operate a nursing home under a by- law passed by the oouncil of the munidipality in which the nursing home is situated; (f) "provinoialsupervisor" means a regional welfare administrator or any other employee of the Depart- ment of Publio Welfare whom the, 1~nister desig- nates as provinoial supervisor'for the purposes of this seotion; . ' . , (g) "registered nurse" mea.ns a registered nurse within the meaning of The Nurses Aot, 1961-62; (h) "registered nursing assistan,tU mea.ns a registered nursing assistant within the, meaning of The Nurses Aot,1961-62, and includes e. certified nursing assistant who is registered as a nursing assis- tant undero the Aot. . 5 - Oounci~ Meeting, April 6, 196" oontinued: (1) "resident" mean~ a resident of a nursing home; (j) '-'speltered pare" means board and lodging and personal oare provided to residents py or under the supervision of a registered nurse or a registered nursing assistant and inoludes, (i) suoh prooedures as assisting residents with meals, d:ressing, movement and bathing, (ii)a8sista~0~ with other::per~onal needs, and (iii) the planning and exeouting of servioes designed for the general health and well- being of residents~ 2. No person shall, within the, limits of the Township of Clarke operate a nurSing home u~less or until he has ob~ tained a lioence therefo~ trom the Cle~k ot the Township of dlarke. ( 3.'" fee of $2';.00 shall be paid by the proprietor for the lioence issued to him. . 4. Each licenoe shall be issued in respect of a speoi- '''fied location and the licence ,shall not 'Qe used by the pro- prietor for a location o~h~r than the Qne &pecified therein. ,. Each l{oenoe shall be issued in respeot of a apeci- fied number of persons and the proprietor shall not permit a number of persons greater than that specified in the licence to be cared for or lodged for hire at the looation in respeot of wh~oh the licenoe is issued. , 6 ( , . ETery applioant for a licence or renewal of a licence to operate a nursing home shall submit a written application in Whioh he shall state: ' (a) the name and address of the applioant; (b) location of ~he premises for which the licence is sought; (c) the number of rooms used for sleeping acoo- mmodation by the residents and the number of beds in each; (d) the maximum number of residents which the applioant proposes to accommodate at one time; ({e) the number of bath-tubs or showers, wash- basins and flush toilets available for use by the residents; , (f) suoh other information as may be required in aocordance with s~ction 8 ~nd 9 of this by-law. 7. Each applicant for a licenoe or renewal of a licenoe shall be aocom~anied by (a) a oertificate of an offioer authorized to inspeot .buildings under The Fire Marshals Aot oertifying that the premises have been inspeoted by him within 3 months of the date of application and that they are reasonably safe from fire hazard; and ( (b) a oertificate of the Med~c81 Officer of Health oertifying that the p~emises have been inspected by him or his representative within three months of the date of the~application, and that, in his opinion, they are in reasonable complianoe with the requirements of this bY-law. 8. Where a municipal welfare administrator grants and the munioipality pays an allowanoe for a person who, Ca) is in needy oiroumstances; (b) requires sheltered care as oertified in writing by a physioian; (0) is a resident of a nursing home that provides sheltered oare ~or the person and is licensed by the municipality for that purpose 'and is governed by a munioipal by-law oontaining the minimum re,uirements set out in Section 9; the proprietor of any licenced Nursing Home providing sheltered oare for suoh patients shall provide the Munioipal Welfare Administrator with any and all ipformatio~ requested by him to insure that the proper allowances may be reoeived for suoh patients and shall oertify.upon request that the minimum requirements, as outlined hereunder, are being fully oomplied with. . . . ~ ~'" . '.'1 V jIq 6 - Counoil Meeting, Apriltj. 19~;, oonti~ued: 9. The proprtetor of a Nursing Home supplying'Sheltered Care shall provide the following-minimum requirements: (e) the nursing home is inspeoted at least'onoe every three months by , (i) an offioer authorized'to inspeot buildings under the Fire Marshals Aot, and (i1) the looal medioal' officer of health; (b) offioers authorized to inspect buildings under The Fire Marshals Aot, the looal medical offioer ot health, any employee of the munioipality required to administer or e~foroe the provisions of the by-law and provinoial supervisors are given aooess at any time to the nursing home or any part thereof for the purposes of inspection; Cc} the nursing home complies wi th any laws affecting the healt~ of the inhabitants of the municipality in which the nursing home is looated; Cd) the nursing home oomplies with any rules or regula- tions of the local board of health and shall require the proprietor to ensure that, (e) written reoords are maintained in the nursing home of the inspections oarried out under olause "." and of the reeommendations made pursuant to suoh inspec- tions; \ ( Cf) all fire hazards in the nursing home are eliminated and that the reoommendations of an officer authorized to inspeot buildings under The Fire Marshals Aot are earri ed out; (g) all health hazards in the nursing home are eliminated and that the reoommendations of the looal medioal officer of health are carried out; (h) there is adequate proteotion from radiators or other heating equipment; . (i) the water supplies are adequate for all normal needs including those of fire protection; (j) there are at least two separate and unobstructed means of egress to the outside from floors with sleeping aocommodation; (k) no matches, other than safety matohes, are available for the staff or residents or used by them in or around the nursing home; (1) an inspeotion of the(building is made eaoh night to ensure that there is no danger of fire; (m) adequate supervision is provided at all times for the security of the residents and the nursing home; (n) Oxygen is not used or stored in the nursing home in a pressure vessel; (0) bed aooommodation for residents is in rooms with a minimum of, (i) 600 cubio feet of air spaoe and 75 square feet of floor spaoe for each resident sixteen years of age and over, and (ii) 400 cubio feet of air spaoe and 50 square feet of floor Spaoe for each resident under sixteen years of age, . with the beds so placed tha~ no bed overlaps a window or radiator or is placed (in a doorway, and no bed at any point is nearer to any other bed than 2-1/2 feet and that each room used for bed accommodation has at least one window that opens directly to the outside air, is equivalent in size to not less than 10 per oent of the floor space of the room and is capable of being opened or closed at all timesf (p) no lObby, hallway, closet, bathroom, cellar, stairway or kitohen is used for bed aooommodation at any time; (q) toilet and bathing faciJ:ities are readily acoessible to all residents With a minimum of 'one wash basin and on~ flush toilet for every five residents and one bathtub or shower for every twelve residents; . '>I .c:..;/ ,.;. 7 ~ Oounoil )festing.April,'; 19'5t oonti~ed: (r) a minimum temperature of 7201'. is'maintaimed in the nursi ng home during the period from the 1st day of Ootober to the 31st day of May; (s) adequate dietary standards are maintained in the nursing home and that nourishlng~meals are provided at rt9gular and reasonable intervals and are prepared by or under the supervision of a oompetent person; ; (t) books of aooount and adequate reoords relating to residents and staff are maintained in the nursing home;, . ' eu) no person is admitted to or retained as a resident in the nursing homet (i) who is a maternity oase, (ii) who is mentally ill or mentally defeotive within the meaning of The Mental Hospitals Aot and eligible for admission to an insti- tution under that Aot, (iii) for whom a physioian reoommends treatment for alooholism or drug addiotion, Or (iv) for whom a'physioian recommends medioal I oare or treatment in a hospital; (v) a sufficient number of staff in relation to the number of residents oared for is on duty in the nursing home at all times; (w) eaoh member of staff is of suitable aget physi- oally fit and qualified to undertake his duties in the nursing home and certified by a physician to be free from aotive tuberoulosis or other oommunioable or oontagious disease; (x) where a resident di~s in the nursing home, notice of the death is given to a coroner~her than a ooroner who has attended the deoeased resident as a physioian; \ (y) sheltered oare is' provided by or under the super- vision of a registered nurse or a registered nursing assistant; and (z) medical care and attention is made available to the residents. > 10. Where a munioipal welfare administrator grants and \ the munioipality pays an allowanoe for a person who, (a) is in needy ciroumstanoes; (b) requires nursing servioes as oertified in writing by a physioian, and ' (c) is a resident of a nursing home that provides nursing servioes to the person, is licensed 'by the munioipality for that purpose and is governed by a munioipal by-law containing the minimum requirements set out in seotion 9 and 11; the proprietor of any lioenoed Nursing Home providing Nursing Servioe for suoh patients shall provide the 1~lnicipal Welfare Administrator with any and all information requested by him to .insure that the proper allowances may be reoeived for suoh patients and shall certify upon request that the minimum requirements as outlined hereunder are being fully oomplied with. 11. The proprietor of a Nursing Home supplying Nursing Service shall provide, in addition to meeting all requirements regarding sheltered oare, the following minimum requirements; (a) nursing servioes are provided to residents by a registered nurse or a registered nursing assis- tant under the superviSion of a registered nurse; (b) in a nursing home having less than fifty beds, a registered nurse or a registered nursing assis- tant is on duty in the nursing home at all times; . (0) ~n a nursing home having fi~ty beds or more, a registered nurse is on duty in the nurs~ng home at all times; Cd) where nursing servioes. are provided to residents by a-registered nursing assistant, adequate ' arrangements are made so that a registered nurse is on duty in the nursing home for a period of 8 - Counoil Meeting" April( 6., 196.5, oontinued: . not less than eight hours eaoh week to supervise the nursing servioes of the registered nursing assistant and to assess and review the individual . nursing care of eaoh resident at least onoe eaoh week; (e) each resident is or has been admitted to the nurSing home on the recommendation of a physician and, while a resident ther~in, is under the continuing oare and superVi sion of a physi(Jian; and (f) adequate arrangements are made so that a physician is available at all times to provide medical care and attention, emergenoy or otherwise, as may be required from time to time by any resident. (g) any other requirements made by the Department of Public Welfare and oontained in relevant legisla- .tion or regulations made thereunder. 12. Where a person in respect of whom a oontribution is made under section 8 or 10 is a recipient of a ~overnmental benefit, the allowance computed, for the purpose qf section 8 or 10, as the caSe ma3T be, shall be reducei by the amoun t of the governmental benefit less 15 per cent of that benefit and the proprietor of a nursing home shall keep the r1unicipal Weifere Administrator advised of a~v fact or change of fact that may affect or alter the grant payable. 13. Since no :ra;:rment shall be made by Ontario to a munici- pality under section 8 or 10 unless the Director is satisfied that the nursing home is in compliance with the requirements of the municipal by-law under which it is licensed, the proprietor of any nursing home shall ensure that all requirements of this by-law are fully met in order to ensure payments of the appro- nriate Provincial Grant. · -. 14. For the purposes of section 13, the Director may require the inspeotion of the nursing home b;:t a provincial supervisor and the proprietor of any nursing home licensed under this by-law shall admit' to the home and co-operate fully w~th any such super- vi sor. 1.5. For the purposes of this by-law the terms "Sheltered C9!'elt and "nursing servicest'shall be defin3d as fo11o-;vs: (a) "Sheltered careb means board and lodging and personal care provided to residents by or under the super- vision of a registered nurse or a registered nursing assistant, and includes, (i) such procedures as assisting reside~ts with meals, dressing, movement and bathing, (ii) assistance with other personal needs, and (iii) the planning and exeouting of services designed for the general health and well-being of resi- dents. . (b) "Nursing services" means nursing servicE?s provided to residents by(or under the supervision of a registered nurse, and includes the planning and executin~ of nursing care in accordance with the orders, instructions and p!'escriptions of a physician. 16. In every nursing home, the licence shall be posted in a conspicuous place in the lower hallway and a p~inted copy of this By-la~' shall be made available by the proprietor for exami- nation upon the request of any resident in the nursing home. 17. Tb.e :,!unicipality or the Board may at any time revoke any 11ce(['106 issued under this BY-law:, and notice thereof shall be gfven by the Muni cipali ty or the Board by regi stered letter ma'iled to the proprietor at the address in respect of which the licence was issued.. ( 18. Each licence shall be in force for one year. . 19.~A~ny ~roprietor or other person concerned in the manage~ ment of a nursing home who is guilty of an offence under this B;r-1a:w shall on summary conviction be liable to a penal ty of not more than $.50.00 ~r each offence. . 20. Nothing in this By-law shall be con~trued to abrogate or lessen any and all requirements that The DepartMent of Publio Welfare have enacted to govern the operation of Nursing Homes in the Province and such requirements shall be read mutatis mutandis with the provisions of this By-law. 21. This By-law shall take effect on and from the 6th day of April, 1965. 22. By-law No. 14.58 be and is hereby repealed. )I - Counoil Mee~~ng,. Aprile 6, 19p.5, oontip.ued: The tOllowingby-law was read a third ti,me only and fi nally passed: . By-Law No. 1479: A Restricted Area By-Law W~REAS the Planning Board and Council, have agreed that there is presently a need for certain land use controls for an interim period of time.' NOW THEREFORE, the Council of the Corporation of the Town- ship of Clerke enacts,as follows: "SECTION I; DEFI11ED AREA. The provision of this by-law inoluded wi thin the boundari es of ship ot Clarke SEOTIe~r t. DEFINITIONS: . ~or ~he purpose of this by-law, all words shall carry their "customary meaning exoept those defined her~after. ItAooes~ory Building" mea.ns a detaohed building or structure not used tor human habitation, the use of which is natura11y and normally incidental and subordinate to a principal us~, building or struoture, and located on the same lot therewith, and shall also mean and include a detached private garage or detached oar- :pert. Itthtilling Lot" (i) a whole lot as mown on a Registered Plan of Subdivision. (1i) a paroel of land which .fronts on a publio highway ,whioh .. has been asaued for public use as a public highway or -fronts on .a navigable body of water and shall be one of the following: ' ea} a paroel of land whioh existed as a separate paroelc of land without any adjoining lands being owned by the same owner or owners as of the date of passing of this by-law. (b) a parcel of land, the descriptlonof Whioh is tpe same as in a deed (exoluding mortgages) which has been given consent by the Clarke Planning Board pursuant to Seotion 26 of The Planning Act, as amended, prior to or after the date on whioh this by-law is passed, or the whole remnant remainin~. to an owner or owners after the conveyance with o0nsent of Planning Board. For the purpose of this definition, a t!registered Plan of Subdivision" shall: not include a registered plan of subdivision -whioh has been deemed NOT to be a registered plan of subdivision in a by-law pursuant to Section 26 of Tbe Planning Act, as amended. "Dwelling, One Family Detached" means a separate building oont- aining 0nly one dwelling unit:and used by one family only. "Dwelling Unit" means a room or suite of rooms used or designed or intended to be used as an independent and separa~e house- --keeping establ1sh_ent. "Erect" means, with reference to a building or structure, build, oonstruct, reconstruot or enlarge, and shall inolude: (a) Any physioal operation suoh as excavation, filling, grading, or draining preparatory to building, construction or re- oonstruotion; (b) The moving of a building or structure 'from one location to another; and "erected" and tteredtion" shall have a oorres- ponding meaning. -- -Familv" means ---- (a). one person or two or more persons who are inter-related by bonds of oonsanguinity, marriage or legal adoptibn, living as'a single and non-profit housekeeping unit, or; not more than five unrelated persons living together as a singleandnon-prof1t housekeeping unit, or; , a widow or widower with his or her children and not more . than two persons unrelated to the widow or widower, or; the owner of the property or two owners of the property without any members of the family of either of suoh owners and one or two persons unrelated to such property owner or owners~ ' "Floor Area" means, with referenoeto a one family dwelling, Qr summer oottage, the total floor,areas of all storeys or shall apply to all land now the Corporation of the Town- ( . '(b) (c) (d) . . . 10 - Council Meeting, Aprfl 6, t965, con~inued: half storeys contained within the exterior faces of the exterior walls of a building, but ~xcluding any private garage, breezeway, porch, verandah, sun room, attic, basement or cellar. "Lot Area" means the total horizontal area within the lot lines of a lot. In the case of a corner lot having street lines rounding a~ the corner with a radius of twenty feet or less, the lot area of .such lot s shall be calculated as if the lot lines were produced to their point of intersection. "Lot Coverage" means that pereentage of the lot area covered by buildings including accessory buildings. "Lot Frontage" means the horizontal distance between the side lot lines measured along the front lot line. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured by a line twenty-five feet back from and parallel to the chord of the lot frontage. (For the purposes of this by-law, the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line.) . "Lot Line, Front" means the lot line that divides the'lot from the street, provided that in the case of a corner lot the shorter lot line that abuts a street shall be deemed to be the front lot line, and the longer lot line that abuts a street shall be termed the flankage of the lot. In the case of a lot abutting on a navigable body of water and not abutting any street, the line opposite the water shall be the front lot line. "Lot Line, Rear" means the lot line opp6~ite the front lot line. "Lot Line, Side" means a lot line other than a front or rear lot line. "Sleeping Cabin" means a building used in conjunction with a summer cottage located on the same lot therewith and used mainly for sleeping purposes and shall not be a complete hous~k~eping unit. "Summer Cotta.ge" means a dwelling used only as a seoondary place of residence primarily for vacation,purposes and not as a permanent dwelling. "Home Occupation" means an accessory use conducted in a one fami"ly detached dwelling or summer cottage, and (a) which is clearly secondary to the use of the dwelling unit as a private residence,.. ( (b) does not change the character of tqe dwelling unit as a private residence, .. , (c) does not have any exterior ~vidence of being conducted therein, ., ( (d) does not create or become a pub.lic nuisance in particular in regard to noise, traffice and parking, (e) dqes not occupy more than 2510 of the total floor area of the dwelling unit. "Yard, Front" means a yard extending across the full width of 'the lot between the front lot line and the neare-st wall of any building or structure on the lot. "Yard, Rear" means a yard extending across the 'ull width of the lot between the rear lot line and the nearest wall of any building or structure on the lot.. "Yard, Side" means a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot. SECTION 3; PROVISIONS. (a) General No person shall, within the Township of Clalke use any land or erect, alter or use any building or structure except for the purpose, and in accordance with the standards that it is laWfully being used for on the date that this by-law was passed, exoept as hereinafter provided. (b) Permitted Uses Tn Single or t,Tulti-family dwellings and accessory buildings. (ii) Summer cottages with sl~eping cabins an~ acce~sory buildings. (iii) Home occupations. " 11 - Counoil Meeting, April 6, 196,; oontinued: (iv) PubliQ uses and buildings Provinoial Government, of . 'To~nship of Cla.rke. (v) Publio Utilities. (vi) Temporary uses: The ereotion or use of any building or struoture for a oonstruotion oamp, work o amp , tool shed, soaffold, or other building or struoture inoidental to and neoessary for oonstruotion'work on the premises but only for so long as suoh use, building or struoture is neoessary for suoh oonstruo- tion work that has been neither finished nor abandoned. (vii) General agrioultural uses whioh ~re not obnoxious to the publio welfare where suoh agricultural useage 1. oarried on in oonjunotion with tan area qf land of ten acres or more exoept that this exoeption shall not :be deemed to include any user assooiated with the wholesale slaughtering or prooessing of animals or animal produots for oommeroial purposes. (viii) Industrial and Commeroial buildings subjeot to the approval of the Clarke Planning 'Board. e. ~lations. ' {iT' . The dwelling and aooessory buildings thereto shall not be built on any lot oloser than thirty (3~ feet from the street or road allowanoe line, exoept in built up areas where adjaoent buildings do not oomply with this requirement, when this requirement may be dispensed with and the new buildings plaoed in line with the established and existing building line. Where County or Department of Highways regulations are more stringent, suoh regulations shall apply. (ii) The minimum lot frontage along a munioipal road, street or navigable body of 'water shall not be less than:----- ,0' (fifty feet) for single family dwelling 6,' (sixty-five feet) for a two family dwelling 8,' (eighty-five feet) for three or more families 100' (one hundred feet) frontage where 1,,000 ft. are required and the total area of the lot shall not be less than the fOllowing:--- 1.5,000 sq. ft.(where both well and septio tank are required'~ 7,,00 sq. ft. where ei(ther munioipal water or sewer oan be provided. 4,000 sq. ft. where both munioipal( water and sewer are provided. ((ii1) The total bui~ding area shall cover no more than 34~ (thirty-four) peroent of the lot area. 4.510 (forty-five) peroent of mi,nimum lot area shall have no,more than ,1 (one) foot fall in 10 (ten)' feet. No building shall be erected for residential or oommeroial uses on any land whioh due to its low lying, marshy or unstable charaoter is oonsidered unsuitable for the installation of proper sewage and drainage faoilities~ . (iv) A side yard shall be provided on eaoh side of a< main building with a minimum width of (4) four feet oneaoh side, plus (2) two ~et on each ~ide for e~oh additional storey above the first, and no 'eve shall pr'ojeot more than (24) twenty-four inohes into any required side yard. . (v) No aooessory building shall be looated within (3) three feet of the build.ing to whioh it is aooessory, or within (6) six feet of any required window lighting a habitable room, nor exoeed. one storey in height or (1,) fifteen feet above ground level. The foundations shall be a minimum of (2) two feet and the eve projeo- tion a minimum of tlB) eighteen inohes from the lot line. (vi) No single family one storey dwelling shall have a living spaoe' ground floor area of less than seven hundred and twenty1720) sq. ft. and no storey an~ a half or two storey building, shall have a living owne4 by the Dominion the Corporation of the ( ..'..'- .. . . 12 - :Counoil "!eeting, A;Pril-6, 19(65, oontinued: space floor area 01' less than eleven hundred (llOO) sq. ft. and eaoh family unti in any !I'm). t.i-un1 t p.welling shall nave not less than seyen hundred and twenty (720) sq. ,ft. floor spaoe per family unit. (vii) l-Tothing in this by-law shall be oonstrued to perrri t the use of any land for any purpose, that creates, or is likely to become a nuisance or offensive, by the creation of noise or yibretion or by reason of the emission of gas, fumes, fulSt or objectionable odours or by reason of the unsightly storage of . goods, w8res, merchandise, saly-age, refuse matter or otper mater,1al. , ' Nothing in this by-law shall operate to relieve any person from th~ obligat,1on to. comply with the requirements of any other by-law or the Township of, Clarke in force from time to timeJ of the ob11ge.tion to obtain any licence, permit authority or appro- val reouired under any by-law of the. Township pf Clarke or any other governmept agepcy. Penal tv: Any person convicted of a breaoh pf the provisions of this B:r-law shall forfe;1. t and pay, at the disoretion of the convic- ting magistrate a penalty not exceeding the sum of ~300.00 for each offense, exclusive of costs. This by-law shall come into force and take effect on the day it is passed by Oouncil, subject to the approval of. the Ontario I.~unicipal Board. Resolution No.-64: Moved by L.A.Perrault, seconded by Lloyd Lowery: This Council hereby adjourn to meet again on TueSday, May 4, 196.5, a~, 10 ?-.m. in ~egular meet~ng.in the Gouncil Ch9.':l1ber'lt Orono or Otner~lse at tue call of tn3 leave. - Carried. . " ( I l i ~ 1 l~. :1 ;1 . ( - J-yt~ .. \ _ J Clerk. Ll ~ ! --"""A ~ rve..-.. ." . .. .. . . SPECIAL MEETI1:C. OF THE. C01]NCIL OF THE TOm~SHIP OF CLAlli(E April 12, 1965 at 7.30 p.m.. Council Chamber, Orono. ."if ," ~pecial !!lee~ing of Council was oalled by Reeve j.W.Stone to cortsider the following .business.. . The following resQl~tion were pass~d: - ( . , Resolution No. 65: l~ovEid byR.G...chater, seoonded by Orme Falls: Thi~ Council hereby resolve to onen the .tenders as adver- tised in respect to the proposed pu~chase of a new truck and snowplow. - Carried. - ( Tenders were reoe1 ved from the following: 1.. Cowan Equipment Company, Bowrnanville. 2. Bramley rEotor Se.les Ltd.', Oshawa. Resolution 'No. 66: Moved by Lloyd. Lowery ,seoonded ':by Orme Falls: This Counoil hereby aooept the Bramley 1'..!otor Sales' Limi ted tender as ;the lowest( tender for the purohatSe of a 'new TI"'..1ckap.d Snowplow 8S per tender subjeot to the a:r;proval of. the 'Department of Highinays of Ontario. - Carried. . . " De-"J1J_ty Reeve L.A.Perraul t, on behalf of the Road and Bridge Committee, reported on their discussj.on pith regar~ to hiring a Road Clerk for the Road Department and asked Counotl, to openly, diseuss and decide upon this business. . R.G.Chater moved, seconded hyO.B.Falls, that the Road and B'ri@e Commi-ttee and Road Superin tandem t be and are hereby enrb6we'red to adverti se in the OronoWeekl.y Times and Canadian St;tesman for a male applicant to he employed. full time for the position of Road Olerk. ApPf1cations to be received on or before l~nday May 3, 1965. - C?rried. . . . The,Olerk reported that he :vas unapie to obtain a deed of the"property upon which the TownShip Garage is located, The