HomeMy WebLinkAbout11/02/1971
Page 2
Special Meeting with Newcastle Council continued:
It was agreed both Councils would meet in the future once
this matter has been discussed with the Consultants..
There being. no f1.J.lt"'ther business before the special
meeting, the meeting adjourned at 9:45 p.m.
e- .f/W4I",~v-
Reeve I' ~,
e
. -
ClerK
\ I
G
Orono, Ontario,
November ~nd, 1971,
Council MeetsLng.
Minutes or the regular.-meeting of, CouDci-l ~ld hi the
Caunc21 Chambers on Tuesday, November 2nd, 1971 at 10:00 a.m.
All members of Council were present.
Reeve Stone chaired the meeting.
-Council\suspended tne rules of procedure to recei~e the
report of Mr. J. R. uBui'ckll McLaughli:n, rep"esentative of
Frank Cowan Insuranc~ Ltd..as it related to the individual
claiins of Mr.CGibson, .Mr.. G.A. Wanless- and Mr. John ,Drewniak
regarding damage done to their fences as 'a ~esult of municipal
equipment used during sno~ removal in the Township of Clarke.
After receiv~ng Mr. McLaughlin's presentation, it was
pointed out the Township WaS_hot aware of the_action .taken by
the <Insurance Company on these cJ..aims. Mr.. ~Mc.Laughlin said if
any one of theee claims were paid then it would inevitably
set a precedent for~uture claims~ theref~re, after each claim
.' . had beenasseGsed i t.was, tile. In'surance companies pOlSit ion the
claims be dehied. ,
-Council diTec~e~ the Clerk tOe write Messrs. Gibson (solicitor)
Wanl~ssand Drewniak that contact had b€enmad~with the
Insurance Companies and- it was Cl>nfirmed the claims\ have been
denied.
Council then proceeded ;to deal with matters on the Agenda
commen~,ing. with - thQ- co:nsidera"'tion. of the minutes ~ \ )
13$-/71
,
139/71
-e
,
140/71 .
Moved by -E. C. Coppin@f
Seconded by F.A. Gray
.That the minutes of the
regular Council meeting
held Tuesday, Oc.tober .5,
1971 be adopted as
printed and distributed.
Carried. .
\
, ,
Moved by Robert G. Chater
Seconded by-W. R. Carveth
That the minutes of the
special Council meeting
held October 19.,-1971 be
adopted as printed.
Carried.
Hoved .by F. A. Gray
Seconded by W. R. ,Carveth.
That the~minutes of \he
meeting with Newcastle
Council.on October,27, 1971
be adopted as printed.
Carried. .,
.-
Page Z
Regular Meeting of Council November Z, 1971, continu~~:
The following minutes were received and noted:
(a} Committee of Adjustment ~~October 13, 1971
(~) Special ,Planning Board ~ October 7,1971
(c} Special Planning Bo~'d, Council and Committee
of Adjustment - September 21, 1971.
Business arising out of previous minutes entitled "A"
to "L" inclusive, November 2, 1971 agenda, Council was advised
of th~ following:
(a) Ont,;:!IY'io Goorl Ro~rl~ A~R()('d~ti'on - C()nf'AT"An~p. -
Confirmation of lodging at Royal York - received
and noted.
Rp-p'i on~l' r70ve'~n~Ant, - -' UnitRrl Count; A~ nT NOY"tll-
llmhAY"l;'JInrl ~nrl Dllr-h.:=lm
The Honourable Dalton Bales, Minister of Municipal
Affairs l~tter dated October 15, 1971 acknowledging
To,vns~ip of Fl~rke'sr~solution No. 131/71 passed
on Octob~r 5/71 regqrdiqg Clarke TO\Vllship's position
on Regional Goverrunent was received and noted.
]'/if .T..Wf:1it.o Lot, lh. C()nqt7~~ion 7 - _re~qu..est' for
improveme~t of Si~eropd was received an~ table~~
DAD;=tY'tm'Pnt, of' I-:IA~lt.n RAP1;1~t.ion..R"- P1Jhli~ S~mminf:
Pool ~ ....
The Clerk advised a by-law for fencing of swimraing
pools is available and the matter should be
discussed during by-law cons'ideration. . ,
01""01'10 YOllt,h TA~~t,,...P' ~JP'"ht, - O~t.obpY'~O/?l-rpo"W!1 H~ll
The Liquor, Control ,Boare!' s app.rov,al ,to hO,ld tIlls
event was received and noted.
~ '.- . - _. ~
.Toint Pl~nninp' OrI7:=!ni7.~t.ion ~- NAw("'::::!.q,tlp.F<:, Cl~'p::'!>~
!vlr. E.Cornies, Department of J-1ullicipal Affairs,
lette~ dated October $,.1971 re: meeting with
~ewcastle was r:eceived and filed.
Snp(" i :=ilRO;'JId RxnAndi t.llT"A Bv-LAW I\:o 1 '711
Hr.c C.. R. Wilmot, Director... Munic:i.Pal, Branch,
Pepartment .of Transportationa~d Communications
datep October 6" 1971 was receiyed and filed.
Rp7.on;n~ A~~li~~tion - M_ Y_M~llon.P~rt Lot 19. Con. 1
Mr. H. R. Best, Secretary, Clark.e Planning Board.
dat.ed o.ctober 13, 1971 <lPd.11r. G. J. Smit,h, 3tolicitor
for ]vir. M. V. Mall,on :\'Fere received and filesJ..
Tci T~ Dp;q; n~0'A Bv.,T~~~ ,l\J'n 1 71 ~ _.... ",-
Information regarding the applications be~ng made
to Ontario Municipal Board before third reading
Was received and noted.
T()wn~hin of' Cl;Q-rk'p -, P1"'~'iriA ~"'J~tnm()hilp. L~.Rr.:";=tt:L~~
Keith Hp.nrlp.-r~on
fir. E. R. Lovekin" TO\Vllship Solicitor~ dated October
5, 1971 with de~d attac~ed",was received and filed.
Ont,::.r-i 0 :OP-D;:!rt.m~nt. of TnllT"; 9JT1 ~nrl Inf():rm~t i on-RA POll 1 :=:tt, i on ~
The Clerk advised.he .has not received the report from
Mr. II. .R. Best.Zo.ning Administrator, but hoped to
have h{s report available by the December 15, 1971
Council meeting. .. ..
Arldition~l W~tP-~WO~kR P~OiR~t 9h-0211-?1
The Clerk advised the Police Trustees may not be in
attendance~tQ addre~s Council on the .subject of the
additional water ,tower ~n O~ono, as they may be
satisfied with the information received that any
revenues obtained during tQe period of repayment
of this projec~, could reduce the annual consumption
rate. This ,matter was referred to by-laws.
(b)
(c)
(d)
(e}
(f}
-
(g}
(hL
(i)
(j}
(k}
(1)
e
....,.
.-~'
. '
On a motion moved by Councillor W. R. Carveth, delegations
be heard, seconded by Councillor t. Copping. qarried.
Mrs. S. D. Holmes,together withth,e following residents
of the Leskard area, addressed Council on th,e proposed street
lighting for Leskard:
l}
2)
3} .
4)
5)
6}
]vir. Eric Law -
Mr. and Mrs. E. Newell
Mrs.. Ken Gimblett
Mrs. C. Martin
Mrs. 1. Brandt
Krs. R. Sutcliffe
~-
e
Page 3
Reg~larlvleetin& of Counc,il Novemb~r 2, ~197).) continued:
The delegation re<:iul';'st,ed ,Council to increa,se the mill rate
to cover the cost of ~hi~~treet lighting. Council felt this
could not be done as it,may~set a,precedent for others to
make the same request. ,
It was agreed the delegation meet with Mr.W. R.
Area Manager, Ontario Hydro~ Bowmanville, to review
with the possibility of revising or am~nding it to
favourable solution.
. ..... " .....,. " ~
Please note: A meeting has been. arranged with Mr. Walters
on Monday, November 8, 197~, at p~OO y.m. in the Leskard
Church Sunday School. room.
Walters,
his report
a ":more
New Co~resDondp-ncp.
,
1) Association of Ontario ~~yors and Reeves, ?ep~emper 2e~
1971 re: Agreement between the Prc:.rince of Ontario and
Government of Canada r,elativ'eto ap'atenlent, of, 'po.llutiop
,in the. lo~er Great Lakes. -CoUllfilrequested a ,copy of this
agreement be sent to each member to review.
2) '),loX',. W. D.' Porter', Director, Census Divisiom, c.,nsUJ;; of
;Canada, October 7, 1971 re: 'prelim~",ary.count of
. population. -filed. ",
3) Dalton Bales, Minister of Municipal Affair.s' re: pamphlet
on Ontario Residential Property Tax Re~uctiop system fpr
1971.-Filed.
4) Dal~on Bales(~iniste!'of Depa~t8ent of Municipal Affa~rs,
September 29" 1971 re Vaiidity of Titles of Land.-filed.
5) Ontario' Planning Newslettei-- Septemb~r 197J.'.-Filed.
?) Mr. C. J. Williams, Director, Depa~tmentof Social
and fami;Ly, Services, October 7, 1971 reo: Gener.al ~lfare
Assistance Introductory Course November.22-December 3.~Filed.
7) Annual Report - bepart~ent of Social and Famiiy Servic~s
and Statistical Supplement March 1971.-filed.
8) Haliburton, Kawartha, Pine Ridge District Health Unit report
,for Septe;nber 1971. -Filed.', .
9) Russell G. Honcy, M.P.~ Northumberland-Durham. October 18,
i971're: results'of guestionnaire.-Fi,led. ..
10) Mrs. J.: Conover, Lottery ~dmini"'trator, !or!,. G?-llyrie s ef
Ontario October ie, 1971 re: Lottery.-Filed. . .'
.P+ea'('e note:, A C?py of letter was sent to Chamber'of Commerce.
11) Central Lake .Ontarj,o, Conservation Amhority re: liotice of
.. ". . -. - ,,- , ~ . <-
Apportionment of Levies:
(a) Harmony Valley Conservation..Area Dam and.Bridge
(b) Cranberry Marsh Conservati;n 4rea
See vouchers. .
12). Dalton B?le;>, ~lir1ister' of' Department of l,:un'idf~i Affairs
October 21, 1971re: Provinci?-l Municipal EmploY;nent Incentive
Pr9gram.-Tabled~ ,Council also tabled the letter from ~~.
R. E. Sims of Totten, Sims, Hubicki Associates Ltd. dated
October 4, 1971 re: Municipal' Complex, '. ~
The Clerk Was instru..ctyd ~o investigate th~,possibilities
of applying the f~n~~ ~n this progr~~ towards an additionL
swimming pool iIl,Orono. ,,'
13) Mr. J. 1'i,. JvicIlroy, Clerk-Administrator, Town of Bowmanville,
October $, 1971 re: representation to Committee to meet on
. .. - ~
Wednesday, November 17, 1971 re: studying Conservation Act.
CouncillorChater said if Council approved, he would be
willingt.:>. attend this meeting. Council concurred in
Councillor Chater.attendjng and also suggested Reeve Stone
be the alternate member.
The copyoof,a letter frpm.Nr. J. r':. McIlroy to Mr. D. ~.
Pli~z~ Clerk, Township of Pickering, dated October ZG, 1971
was ordered fi;Led. - . ..,'
,It.) Mrs. J. W. Bosch, ~Z6 Harwood Avenue, S., Ajax reo rezoning
application (October <:5, 1971{. - Referr'ed -Co l?la..'-lning Board.
l~) ]V~. K. Symons, County Clak-Treasurer, October 5, 1971 reo
apportiOTImtTlt of Liability for County Rate.-Referred to
Treasurer" .' < ". - ,"' I
16) Mr.,C. G. Gibson, Lot 19, Con. 4, Claim against the To~ship.-
damage to.4"f'nce by snow .plow.-see delegations.
l~. M. Ross, Road Superintendent, addressed CoUncil informing
them of two (2) Offer to Sell Agreements having been made, namely,
(al Prairie Automobile Ltd, Lot <:9, Con. 7 and (b) Henry and
Joan Goschl, Lot 16, Con. 3. He explained why the lands are
required.
Page 4
Regular Meeting of CmmciJ: November- 2,--'1971, continued;
141/71
Moved 'by E. C. Copping"
Seconded by T.A. Gray
The Reeve and Clerk be
authorized to sign the
following Offer-To Sell
Agreements ;-
Prairie Automobile Transport
Ltd., Lot 29, Con. ~
Henry Goschl}i~Joan Gosdhl,
'Lot 11: Corr.::;;r~ '
V I Ca-rried.
-
Adopnnnm 1 i ~t of' r.()""l""p.~Don(L'=~nr.:p.
1-) l~r. Ii. R. Sest, Building Inspector's report for the month
of October 1971.-Filed.
2) Hr.' H.B. McGill, Livestock Commissioner, Departnent of
Agriculture and Food, Oct"ober 19, 1971 re; Monies paid out
due to sheep losses caused by dogs. The Clerk brought
Counc'il,'s attention to the report of the Livestock Vll:luer
dated October 27, 1971. ;The LiveEtockValue~rs re~ort re
Cedar Dee Farms was tabled until report-from Veterinarian is
rece~ved. t
3) Ontario Municipal Association News notes and minutes
legislative bulletin.-Tabled.
4) Diamond Triangle Committee, October 25; 1971 re; meeting
at-Greenwood TOWer Motel, Port Hope, Fri~ay, November 12,
1971 at-6;30 p.m.
Reeve Stone said he would like to attend this-meeting.
Council concurred Re"ve Stone r s' attendance. --
51 - Mr. E. R; Lovekin dated Oc'tober 26, 1971 re; Toi-mship of
Clarke purchase from Haluska. -
Council felt-the conditions as set out-in the Offer To Sell
Were to be adhered to, in that,thcy set out the terms
between both parties notwithstanding the correspondence that
has taken place. The Clerk was"instructed'to write the
Township Solicitor accordingly.
6) Hr. E. R. Lovekin dated October 2$,'1971 re;- Earry Wade and
Clarke-Township.
Reeve Stone read a letter from Nr; R. C~ Honey, M.P.,
Northumberland-Durham, dated-Cctober 20, 1971 re;the
valuation of the Wade property in connection' with the "grade
separation project".
Council directed a copy of the report be made'available to
~~. R. L. Windover of Totten, Sims, Hubicki and Associates
Ltd., of Whitby for their files. Mr. E. R. Lovekin's letter
dated October 1$, 1971.-Filed.
After having discussed the matter, eouncil-resolved the
following resolution;
142/71
Moved byW. R. Carveth
Seconded by E. C. Copping
the Council of the Corporation
of the Township of , Clarke accept
the'amount of $13~202. being the-
new evaluation of the Wade,
property,~in connection with the
"grade separation project.~
Carried.
7) - Northumberland-Durham E.M.O., July 1971.-Filed.
$)'-- Ontario Good Roads'AsBociation dated Octobe~ ZS, 1971
re; long service recognition.-Filed.
9)' Mi:>. F. H. Hogle, Superintendent- and Secretary-Treasurer,
Peterboroug~ VictorIa) Northumberland and Durham County
Roman Cathoiic,Separate Scho'OlBoard dated October 29, 1971
re: quarterly payments to School Board.~Referred to Treasurer.
10~ Miss G. Lloyd~Jones, Acoountant, Central Collection Services,
Departnent of Treasury and,Economics October 2$,.1971 re;
Tile Drainage Borrowing By-Law No. 1714.-Filed. The Clerk
advised this letter was sent in error.
,-
e
',v J
Page: 5
Regular Meeting of Council November 2, 1971, continued:
\' )
Np-w Busd nP-S8
143/71
,~-
Bv-L:=tw~
144/71
Moved by F. A. Gray
Seconded by Robert G. Chatel'
that "the Reeve and Clerk be
authorized to sign the petitiO"n
for interim payment under the
Public Transportation and
Highway Improvement Act on
expenditures' in 1971 and be
forwarded to the Department
of Transportation and
Communications.
Carried.
Moved by W. R. Carveth
Seconded by F. A. Gray
That the following by-laws be read
a first and second time:
(a)
(b)
a by-law to constitute and
appoint a Committee of Adjustment.
a by-law to rearrange monuments,
markej,"s, graveston.es or o'"ther
structures, etc. (Christian Church)
a 'by-law to re-arrange monuments,
markers, gravestones or other
structures, etC. (Bethel .Cemetery)
a by-law to rearrange monuments,
markers, gravestones or other
structures, etc.(Lawrence's
Cemetery)
a by~law to rearrange monuments,
markers, gravestones Or other
;structures, etc. (Lawrence's
Back Church Cemetery)
a by-law for requirlag owners of
privately owned outdoor swimming
pools to erect and n~intain
rences and ~ates around such.
8winuning pools. .
Carried.
(c)
(d)
(e)
(f)
The By-Laws were read a first and second time.
, ,
Council, at this point, considered the by-laws.
It was agreed the by-law bo enter into an agreement with
O.W.R.C. re: new well, should not be considered as no word
from the Trustees has been'received.
Council directed the Clerk to advertise a notice re
By-Law Mo. 1720, fencing of pools, in the Ilowmanville State(.nnan
and Orono Weekly Times. Such notice to inform the public such
a by-law is in effect. '
145/71
e
Moved by Robert G. Chatel'
Seconded by W. R. Garveth
That the following by-laws be
read a third time and numbered:
(a) 1712, a by-law of the
Corporation of the Township of
Clarke to constitute and appoint
a Committee of Adjustment.
(b) 1715, a'b~-law'of the
Corporation of the Township of
Clarke to rearrange monuments,
markers,gravestones or other
structures, etc. (Christian Church)
/.'
Page 6
Regular Meeting of Council November 2, 1971, continued:
(c) 1716, a by-law of the
Corporation of the Township of
Clarke to rearrange monuments, markers,
gravestones or other structures etc.
-'Bethel: Ce~etery) ,
Cd) 1717, a by-law of the
Corporation of the Township of
Clar'ke to rearrange monuments,
markers, gravestones or other
structures, etc., (Lawrence IS
Cemetery)
(e) 1718, a by-law of the
Corporation of the Township of
Clarke, to rearrange ,monuments,
mar~ers, gravestones or other
structw'es etc~LawrencesrBackChurchCemeterv)
(f) 1720, a by-law of the ,,'
Corporation of the Township of
Clarke for. requiring owners of
private;Ly owned outdoor swimming
,- pools to erect and maintain
fences and gates around such
swirmning poO-ls.
Car'ri'ed.
The by-laws were read a ~hird time ~nd finally passed:
e
. '
By-Law No. 1,.712
A by-law of the ~orpoFation of the Township of Clarke
,to constitute and appoint a. committee of adjustment.
~[ERE.S it is deemed expedient to constitute and appoint
a committee of adjust~ent a~ provid~d by The Planning Act, R.S.O.
1970, Chapter 349, Section 41 (l)..,
NOW THEREFORE, the Counc,i,l of the' Corporation of the
Township of Clarke enacts as 'follows:
1. That the fOllowing p~rsons who, not being members of the
Councilor employees a.f the ~lunicipality or of a local
Qoard thereof, shall constitute and are hereby appointed
as members of the Committee of Adjustment:
(a) Vw. E. F. R. Osborne, R. R. No.2, to hold office until
January 1, 1973.
(b) Mr. E. R. Lo~ekin, Newcastle, to hold office until
January 1, 1974.
(c) vIr. r;. Schoenmaker, Orono, to hold office until January
1, 1975.
By-Law No. 1715
A by-la~ of the Corporation of
the To\~ship of Clarke to re-
arrange monuments, ,markers,
gravestones or other struct~r~s,e\c.
WHEREAS the Christian Church Cemetery, situated on part of
lot 28, concession 5, of the Township of Clarke, has been taken
over by the townshipi~ accordanCe with Section 60 of The
Cemeteries Act, R.S.O. 1960, Chapter 47, and amendments thereto;
AND WHEREAS it has 'been found expedient for the proper
maintenanqe of the ground that the monuments, markers or other
structures in the cemetery. shall be moved and re-erected in a
central location;
BE IT THEREFORE ENACTED that the Municipal Council of the
Township of Clarke shall, under the authority of Section 63 (2)
of The Cemeteries Act, 'R.Q.O. 1960, Cnapter 47, re-arrange the
monuments, markers or other stractureS as shown in Schedule "A"
hereto attached. '
This by-law shall become effective on the date on which it
is ap~roved, by the On~ario De~artment of Financi~l and Commercial
Affairs under Section 63' (3) of The Cemeteries Act, R.S.O. 1960,
Chapter 47.
tit
,I
Page 7.;. ~ "' i,. ..... ......
Regular Meetingo~ Council November 2, 1971, continued:
~
- '- ~,
By-Law No. 1716
,
"
~
t;, <:, t ~
A by-lawco~ the Corporation o~
the Township o~ Clarke tOe
rearrange =onume!lt.$~ markers,
gravestones or other struct-
ures, -etc.
~.... ~
~
,.
~
. ,-")
e
, , -
WHEREAS the Bethel Cemetery, situated on part o~ lot 2$.
concession 3, o~ the Township o~,Clarke, has been taken
over by the township in accordance with Section 60 o~ The
Cemeteries Act, R.S_O. 1960, Chapter 47.,antt amendments
thereto; _ ,(.
AND W'nEREAS it .has ,been,.found expedient .~or .the proper
maintenance o~ the ground that the monuments. markers or
other structures in the cemetery shall be moved and re-
erected in a central location; "
BE IT THEREFORE ENACTED that the Municipal Council o~
the. Townsh::i:p of Clarke shall, ,,,nder ,t.hea-uthority o~
Section 63. (2) of The ,Cemeteries Act, Ri,s.O. 196'0, .Chapter
47, !'e-arrange. the n;onument7s, markers or otherstructure.s
as shown in Sched;;.le HAW hereto attached.
This by-law shall become effective on the date on
whIch is:la approved by the Ont!l,rio Departm~nt of Financial
and Commercial Affairs und~r.Section 63(3) ofTh~
Cemeteries Act,R.S.O. 1960,.Chaptel"-47_
~
cBy-Law No. 1717 ~
A by-law of the Corporation of
.the Ta-Wrlship df GUarke to
J r~arrange monumen-t..-s, markers;
grave stories or oi;her struct~-
ures, etc.
,.
,
. ~
,.
~IEFXAS the Lawrence's Cemete~Yi situated ~n part of
lot 21, concession 5. of the Township.o~ Clarke, has been
taken ~Ver by the township in accordance with Section 60
of TheCsmeter'ielil Act. R.S.O. 1960, Chapter 47, and
amendments thereto;
AND WHEREAS it has been IOun~ expedi~nt ~orthe proper
mainteriance:of the ground that the mon~~ertts, mark~r$ or
other atructuU<ilS in the cemetGlry shall be movedcand re-
erected in a central 10cat.i6n;
BE IT THEREFORE ENACTED that the Municipal Council of
the TOWnship Q~ Clarke shall, under the aut'horit:y Qf,
SectioGn &3 (2) of The cCemetcries Act, R~S.O. .1960, Chapter
47. re-arrange the monuments, markers or other structures
as shoWn. in 5chedule "AW he:r<eto "attached.
This by-law shall bec6.mee.~f.ective on the date on
whieh'it is approved by the 'Ontario Departrnento~ Financial
and Commer-cial Affairs under Section 63 (3) of The
Cemeteries Act, R.S.O. 1960, Chapter 47.
c-
By-Law No. 171$
.~~
. c
A by-law o~ theCgrporation of
the .Township ofClai'ke to 'l"e- C c
arrange ~monurfie:ritsJ '-mar-kers,.
.gravestoneS or.other.struct-..
ures; etc.c
.:
\ ,
.e
WHEREAS the Lawrence's Back Church Cemetery, situated
on part ~flot 34, conces$ion:7. ~f the .Township of'Clarke,
has been -taken OVel" by the tOWnship in accordance with
Section 60 o~ The Cemeteries Act, .R.S.O. 1960, Chapter 47,
and amendments thereto; , c
AND WHEREAS i~.has been ~oundexpedient for the proper
maintenance lil~the ground that the.monuments,.milrkers or
other structures in the cemetery shall be moved and re-
erected in a central location;
Page e
Regular Meeting of Council November 2, 1971, continued:
, ,
BE IT THEREFORE ENACTED that the Municipal Council of
the Township of Clarke shall, under the,autho~ity of Section
63 (2) of The Cemeteries Act, R.S.O. 1960, Chapter 47, re-
arrange the monuments, mark~rs or other structur~s as shown
in Schedule "A" hereto attached.
This_,by-law shalJ. ,become Etffecti Vie on the date on which
it is approved by the Ontario Department ,of Financial and
Commercial Affairs under Section 73 (3) of The CEtmeteries
Act, R.S.O. 1960, Chapter 47.
, .~
, By-Law No. 1720
- <-
e
A by-law ,of the COPPQrationof.th~
Township of Clarke for requiring
owners-of privately_owned outdoor
swi~ing pools to erect and
maintain fences and gates around,_
such swimning pools. '
, ~
,
WHEREAS Section 354-(1), ,24 of the Municipal ,Act R.S.O.
1970 ChapteIl 2e4 and ameIldments thereto,authQri:oes ,Councils,
of local municipalities to pass Qy-laws for.requiring ~meros
of privately-owned outdoor swimming pools.tn erect and maintain
fences and ,gates around such - sWimming cpoolsand for prescribing
the height and description ,of, and the manner of erecting.and
maintaining, such f~CQF and gates;
AND WHEREAS the Council,o~ the. CQrpQra~ion
Township of Clarke deems it necessary to pass such
NOW THEREFORE BE IT ENACTED, AS.a by-l~ of
Corporation of the Township of Clarke as fOllows:-
1. In this By-law
(a) "enclosure" shall mean a fance, ,wall or other
structure, __:i,ncluding ,doors and gate s s}Jrrounding
a privately-o-wned QutdOQJ:: sTllillll!!ing,pool to
restrict access thereto.
(b) "privately-owned outdoor swimming pool" shall
mean _any privll,tely-owned 'bOdy of wa.t""r.lQcated
Qutdoo~s, _ containad in pa:ct ,o.r in .whQl~ :.bO[ _'"
, ,artificial means.and which the depth of wate~,
at;, any point qan exceed ,le <inche~and ,ul>~d
or capable of being used for the purpo~"" of
SWimming.. wading, diving,or.bathing._
(c) "feIlce" shall mean a barrier constructed of
chain link metal design:or of wood, stone,
metal or other materialQf equivalent degree..
of strength.. . _ _ .
(d) "gate" shall mean a ,swinging, or,slidine; ,barrier
, ,use_d,to fill. or close an.access an4,~nc.ludes_:"
a door. ' --
(e) "building Permit" s~all mean and i~clude a~y,'
permit required ,l:;ly law :!.lJ. _ connection with ,the
construction of i'l swimming pool and arty necellsary
build~ng or acce~sory.builging or wor~. _~
Enclosures:. ,(. .. " ~ - ..-
(a) The owner of a privatelycowued outdoor swimming
pool shall erect and main~~in an~adequate
enclosure surrounding the entire swimming pool
area sufficien~to mak~,such body OL water not
readily accessible tosmal~ chi+dren.
(b) No person shal.l fill a,private+y-owned outdoor
swimming poo~ Withwate~.or,maintain such pool
filled with water until an enc+Qsur~,complying
with the requirements of this by-law has been
e~ected around the ~wimml~g pool. . ,
{c) Such enclosure, :j,nclu(U"g..gatel? therein, shall c
extend,fromthe ground to a heigl}t of not.lese
than five feet. (. , .,~ .. _,
(d) A fence, forming part of such ~n91osure, shall
meet the following requtrem~nts:
(i), every fence shall not_be lessth~~ 60
, __ inche s in, he ight " '_
Qfthe
a by-la.w;
the
2.
e
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Page 9
Reg~lar Meeting of Council November 2, 1971, continued:
. . ~ l.' '-
,~,-
(ii) every fence shall be so constructed that all
horizontal 'or 'diagonal structurhs bf the
fence snalY be located on the inside or
pool side of the fence.
(iii)' every fence shall be so~ constructed that it
cannot be use~ in a manner similar to a ladder.
(iv) every fence snal~~be constructed to have the
only meIDs of entry by gates or doors.
(v) each gate shall have a minimum height extending
from the ground or rloor level of five feet
supported by substantial hinges and equipped
with self-closing and a self-latching device
placed at the 'top ap.d on the inside of the
gate _ ..,
(vi) the use of barbed wire in any manner or any
device for projecting an electric current in
connection with or through any such perimeter
fence is prohibited.
(vii) a dwelling house, building, or accessory
building may be utilized to enclose ~1Y pool
and such 13. dwelling house, building or
accessory building shall be deemed to be a
sufficient enclosure to satisfy this by-law
and no fencing as otherwise required in
tbis by-law shall be necessary.
(vi~l) no fence' shal~ be required where the top of
the outside wall of a privately-owned swimming
pool '1~s at least 5 fee't aoove the 'level of
the ground abut'ting the wall '1ncf so const'ruc't~ed
and ID4intained as to provide access only to
gate or g'ates coristru'cte'a inv accord'll.nce' with
paragraph (d) section 1., ,
3. No person shall construct a privately-ownea SWimmlng pool
in the Township of Clarke without first obtaining a
'building' pe'rmit :f'or the po001 requiredfen'ce .an'a i'r'
apJ.'li,~able ~hc ,d,,":,c'iling bouse,~ buildi~g, or a~cessory
bu~ld~ng conta~nln~such pool. "
4.'T'he prov1si'ons or-tnis By-:la,w sh.all' app'ly to a'll' v
pri vately"'-owned swinL'1ling pools in 'the, Townsrlip riot"'ith~
standing their' date. of construction..' ,~ v~, v "
5. No bui~ding permit .ass~c~~te~ w!th the ~ons~ru~tion o~
any prlvately-ownea sWlmmlng pool shall be lssu~d untll
full and complete Dlans oT the said swimming pool
showing its' Si;,c'e iocation,. elevation' and drainage
system shall' be filed in the office of 'the Building
Inspector. 'The owner of the01ands on whlch the swimming
pool is located shall e'h't'er intb an Agreement in
writing with the Corporation of the Township of Clarke
agreeing.to save harmlesp the'Township~rom all claims
or liability arisfhg fro!!'. the construction and for
maintenance of the said 'swimming' pool ana. the drainage
thereof.
6. This by-law shall'be enrorced by any person or municipal
..officer duly aut!lOrized and instructed by ,the Corporation
, of the Township of Clarke in that behalf.v , v ,
, '7. Any person Who :::on1;ravenes aIlY prov'1sioh T,n 'tnis 'by-law
shall,~pon conviction thereof, be ~iable to a fine nut
e~ceed1ng' $300'. 00 exclusive' of costsanCl such~ fine may
be' collected under the provisions of ~he ~lunmary ,
J ~ _ L~_ ~ _ ~ ~~ - .u
G9nviction$ Act. 'i ~
$. This by-law shall t'ake eI'tect as or the day of lts
final passing. '
,
'~e
~
~
!,;oved by Robert G.: Chater "\
, S'e conde cf' by F. A. '&ray
v 'Resolve that~the~ follOWing
Pay You;che'rs be 'an'd are
~erebyautnor~~ed'for payment
by tne S'ign:fng"officers of
this v C6unci'1:' .Co G~
'General' Voucne,r#l(r for October 1971
in the' amo'unt or- -$il ,$$7 .24
~oad Departmen~' Voucher #10 for October
1971 {n 't he anlount of $17,424.93
Orono Police Village Voucher #10 for
vctober 1971 in the amount of $1,222.12
Carried.
v
146/71.
'.
v
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Page, 10
Regu1.ar MeetTng" of COOncil November- Z,' '1.971, continued:
147/71' 'I'loved by E. -C. 'Copping
Seconded by ~. A. Gray
this Council hereby adjourn
to' mee't again on Wednesday,
'December 15, 1971 at 10 a.m.
in the Council Chambers Cat
Orono or oth'erwise in special
meeting at the 'Call of the
Reeve~.
Carried.
-'"
There beind'no further busine'ss beIore the meeting,
the meeting adjourned at 5:30 p.m.
" "Q~-,v/~
Reev/ '> , ,. .
. <
, '
,
Orono, yntario,
'lviondils, November 22, 1971,
Minutes of the special meeting of Council held in the
Council ChaffibeT on Monday, November 2Zna, 1~71 at 7:30 p.rr.
All meinbe.rs of Co'uncil were present.
Reeve Stone cpaired the meeting.
Council reviewed the report of 'the livestock Valuer
and the report' from Dr. J. P. McNally," ,Bowmanville
Veterinary' Clinic dated November 16, 19'71 re: Angus coW
owned by Cedar Dee Farms killed by dogs. HI' .T,. Gretton,
representing Cedar Dee Farms attended the Council meeting'
to observe Councll' s decisioh on this matter . -
14$/71
I,foved by E. C. Cot)ping
Seconded by Robert G. Chater
that' the Treasurer be' authorized
to pay Cedar Dee Farms ahamount
of $215.00 for the loss of the
, angus cow, in accordance with the
Veterinar'ian's report dated '
November 16, 1971. Als'o a copy of
. the Veter'inarian" s report and
Councir's aecision be forwarded to
the Llve Stock Valuer~
Carried.
Mr.' 'Roy Foster ,Clarke's representative on the'.."
Ganaraska Conservation Authority addressed COuhcil to a'dvise
the Authority's act'ion'taken on the acquisition of the
Herman Bamsey,property on'Rice Lake'. After Mr. Foster made
his address Reeve Stone'thanked him forb'ringing Council
up to date on this matter. Council discussed the method
of financing Clarke's portion of this recent ac~uisition
by the' authority. The two metho'ds were' by either debenture
Or from current taxation.
149/71 Moved by F. A. Gray
Seconded by Robert G. Chater
that ~ouncil of th~ Corporation
of the TownshiP of Clarke agrees to
ra~se mon~es for Clarke's portion of
the projec't acquis'it'ionby the Ganaraska
Conserva~ion Authority of the Herman Bamsey
property qnR~ce' Lake, by including in the
succeeding,current taxat~on years the following:
, ei) 197': - $1693
(b) 1973'~ $1694
(c) 1974 $1694
, Carried.
e