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HomeMy WebLinkAboutCD-15-89 TOWN OF NEWCASTLE Y k REPORT File # Res. # -- �. By-Law MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE DATE: JUNE 19, 1989 REPORT #: CD-15-89 FILE #: SUBJECT: CARE AND MAINTENANCE OF THE LONG SAULT CEMETERY AND THE ENNISKILLEN PRESBYTERIAN CEMETERY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-15-89 be received; 2. THAT the Long Sault Cemetery located at the south-east corner of Lot 5, Concession 9, former Township of Darlington, be added to the 'Town of Newcastle's inventory of abandoned cemeteries; 3. THAT the Enniskillen Presbyterian Cemetery located at the north-west corner of Lot 18, Concession 7, former Township of Darlington, be added to the Town of Newcastle's inventory of abandoned cemeteries; 4. THAT the Darlington Cemetery Board be requested to assume the responsibility for the future maintenance of the abandoned cemeteries; 5. THAT the Darlington Cemetery Board be authorized to undertake any remedial works required to bring the cemetery lands into conformity with standard levels of maintenance appropriate to such lands; 01 Continued . . . ../2 Report CD-15-89 - 2 - June 19, 1989 6. THAT Council enact the necessary by-law to add the lands to the Town's Abandoned Cemetery inventory; 7. THAT By-law 85-146 be repealed; and 8. THAT the By-law attached to Report CD-15-89 be approved and a copy forwarded to the Ministry of Consumer and Commercial Relations for information. BACKGROUND AND COMMENT: Recently, an enquiry was received from the Darlington Cemetery Board requesting that that the Town of Newcastle assume maintenance of the Long Sault Cemetery, and upon investigation with the Ministry of Consumer and Commercial Relations, the following information was received: Section 62 of The Cemeteries Act states that "Where the owner of a cemetery cannot be found or is unknown or is unable to maintain it, the Council of the local municipality in which the cemetery is situate, shall maintain it and the corporation of the local municipality shall for the purposes of this Act be deemed to be the owner of the cemetery." In September 1985, Council adopted recommendations of the Clerk that the Municipality take over the care and maintenance of the Long Sault Cemetery and the Enniskillen Presbyterian Cemetery (See Reports CD-36-85 and CD-37-85, attached) and subsequently By-law 85-146 (attached hereto) was passed on December 16, 1985. Section 2 of By-law 85-146 states that "the by-law shall come into effect upon approval by the Ministry of Consumer and Commercial Relations." By letter dated February 11, 1986, D.W. Oakes requested Ministerial approval of the by-law. No reply was forwarded by the Ministry because Ministerial approval was not required. By-law 85-146 was passed under Section 62 of the Cemeteries Act and this Act states that by-laws passed under Sections 5 to 61 only, require Ministerial approval. During a recent telephone conversation with a member of staff of the Ministry, I was advised that although Section 62 does not necessitate the passage of a by-law, this would be advisable as recognition of the municipality's responsibility in this matter. I Continued . . .. ./3 602 Report CD-15-89 - 3 - June 19, 1989 Therefore, staff is recommending that a new by-law be passed to authorize the maintenance and management of the Enniskillen Presbyterian Cemetery and the Long Sault Cemetery, and that By-law 85-146 be repealed. Respectf submitted Recommended for Presentation to Committee att' a ie, A.M.C.T. (A) Lawrence E. Kotseff, M.C.I.P. Clerk ief Administrative Officer PLB/ms Attachments 603 IKkONIEDG:qhp�� CORPORATION OF THE TOWN OF NEWCAST FFIi, ,. woa P OFFICE OF THE TOWN CLERK N O . 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMANVILLE, ONTARIO L1 C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 3, 1985. CD-36-85 - File: 16.7.127. SUBJECT: TAKEOVER OF AND FUTURE MAINTENANCE OF THE ENNISKILLEN PRESBYTERIAN CEMETERY. LOCATION: N.W. CORNER OF LOT 18, CONC. 7, FORMER TOWNSHIP OF DARLINGTON. (ABANDONED CEMETERIES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Clerk's Report CD-36-85 be received; and 2. That the Enniskillen Presbyterian Cemetery located at the north-west corner of Lot 18, Concession 7, former Township of Darlington, be added to the Town of Newcastle's inventory of abandoned cemeteries; 3. That the Darlington Cemetery Board be requested to assume the responsibility for the future maintenance of the abandoned cemetery; 4. That the Darlington Cemetery Board be authorized to undertake all remedial works necessary including the relocation of the headstones, or the construction of a cairn; 5. That Council enact the necessary amending by-law to give effect to all of the actions recommended herein; and 6. That when the amending by-law is passed by Council , the said by-law be forwarded by the Clerk to the Ministry of Consumer Relations for approval. Continued . . . . ./2 603 01 CD-36-85 - 2 - September 3, 1985 U �- 60 BACKGROUND AND COMMENT: By letter dated July 23rd 1985, the Enniskillen United Church Board of Stewards and Trustees requested, that the municipality take over the Enniskillen (Presbyterian) Cemetery in Enniskillen and assume its future care pursuant to Section 62 of The Cemeteries Act, R.S.O. 1980. Section 62 provides as follows: "Where the owner of a cemetery cannot be found or is unknown or is unable to maintain it, the Council of the local municipality in which the cemetery is situate shall maintain it and the corporation of the local municipality shall for the purposes of this Act, be deemed to be the owner of the cemetery." With respect to ownership, the Church Board has agreed to convey the lands upon which the cemetery is located to the Town of Newcastle, and for that purpose, have lodged the deeds in the Clerk's Department. Councillor Taylor by letter dated July 25th 1985, indicated that the Darlington Cemetery Board has been doing maintenance in the subject cemetery for the past few years, and the purpose of the application is to regularize the process already in place. While none of the correspondence deals specifically with the relocation of headstones or the construction of a cairn, one or the other of these activities is a possibility. Accordingly, it is staff's position that at this time, the Committee recommend to Council the further amending of the municipality's Abandoned Cemetery By-law, 77-25 as amended, to add the Enniskillen (Presbyterian) Cemetery located in Lot 18, Concession 7, former Township of Darlington, to its inventory of abandoned cemeteries and, in the same by-law amendment, consent to the relocating of the headstones or the construction of a cairn. All of these actions must be approved by the Ministry of Consumer and Commercial Relations prior to any action being taken to implement the alternatives proposed herein. Continued . . . . ./3 603 02 CD-36-85 - 3 - September 3, 1985 It would be staff's position that the amending by-law not be drafted and presented to Council for passage until we have determined what the Darlington Cemetery Board wishes to do with the stones in the cemetery. When this has been established, a by-law amending By-law 77-25 and detailing the actions to be taken, will be prepared. Respectfully submitted, David W. Oakes, B.A. , A.M.C.T. , Town Clerk. DWO/ms August 6, 1985. 603 03 uffeb 4=4 auaba m s� July 23, 1985 To: the Town of Newcastle Re: Enniskillen Cemetery (Presbyterian) We, the Enniskillen United Church Board of Stewards and Trustees , wish the Municipality of the Town of Newcastle to assume the care and upkeep of the Enniskillen (Presbyterian) Cemetery in E�iskillen. The Enniskillen United Church Board of Stewards and Trustees hereby agrees to convey to the Town of Newcastle the abandoned Cemetery located in the North West Corner of Lot 18, Concession 7 in the geographic township of Darlington as described in deed. As the Church Board Resolution was made in May of 1972 and that the minutes of that meeting were not in detail, there is no exact wording of the particular resolution. The minutes do read that it was "moved by L. Wearn, seconded by K. McGill that we see if the Township will take over the upkeep of the cemetery. " As far as background information about this particular cemetery, little is really available from this Church. It would appear that there were no buriels in the cemetery since the creation of the United Church in 1925. Therefore, any information on the cemetery would likely be found in the United Church Archives in Toronto. Thank you for your time and,.concern of this particular cemetery. Respectfully. . . f" t, Mr. Keith McGill 1VIr.,H/ Joseph Lafave Secretary Chairman 6 0 .3 0 5 • Cry�'lr> TOWN OF NEWCASTLE REPORT File Res. # MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE By-Law # DATE: SEPTEMBER 3, 1985 REPORT #: CD-37-85 FILE #: 16.7.127. SUBJECT: TAKEOVER AND FUTURE MAINTENANCE OF THE LONG SAULT CEMETERY LOCATION: S.E. CORNER OF LOT 5, CONC. 9, FORMER TOWNSHIP OF DARLINGTON (ABANDONED CEMETERIES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Clerk's Report CD-37-85 be received; and 2. That the Long Sault Cemetery located at the south-east corner of Lot 5, Concession 9, former Township of Darlington, be added to the Town of Newcastle's inventory of abandoned cemeteries; and 3. That the Darlington Cemetery Board be requested to assume the responsibility for the future maintenance of the abandoned cemetery; and 4. That the Darlington Cemetery Board be authorized to undertake any remedial works required to bring the cemetery lands into conformity with standard levels of maintenance appropriate to such lands; and 5. That Council enact the necessary by-law to add the lands to the Town's Abandoned Cemetery inventory; and 6. That the Clerk be directed to forward the by-law to the Ministry of Consumer and Commercial Relations for approval . BACKGROUND AND COMMENT: By letter dated March 28th 1985 and June 10th 1985, the Tyrone United Church Council gave permission to the Town of Newcastle to enter onto the cemetery lands for the purpose of clean-up and maintenance. Attached to the letter was a copy of the original deed to the subject lands which, I assume, was to indicate that the Church was prepared to convey the property to the Town. A search of the 603 0 6 Continued . . . . ./2 CD-37-85 - 2 - September 3, 1985 departmental files suggests, that in 1983 (June 22nd) the Darlington Cemetery Board met on site. The report in the minutes was: "The Committee met at Long Sault where they were told that at one time there was a cemetery. The Committee was unable to find any stones. The area is covered by weeds and berry bushes." Immediately thereafter, the Committee left and drove to another site. It would appear from the available information, that all that is required here is an assumption of the land by the Municipality and the implementation of a maintenance project. As with all by-laws dealing with the assumption of abandoned cemeteries, this by-law must be forwarded to the Ministry of Consumer and Commercial Relations for approval . It would be staff's position that the by-law relating to this cemetery would not be prepared until it has been determined what the Darlington Cemetery Board wishes to do on site. Subsequently, a by-law amending by-law 77-25 and detailing the actions to be taken, will be prepared for Council . Respectfully submitted, David W. Oakes, B.A. , A.M.C.T. , Town Clerk. DWO/ms Attachment August 7, 1985 603 07 DISTRIBUTION CLERK----- t ACK. By----- ,/a 'Jul- KY -fh - C�X & V Xj� t e,- �j fee�44A-tAAAI 1410 --t-) i .._.__, �q � t t! � f G/•��'� S �.�'r Cz��;v.{..k��,1"i(��! A(,_)`G}t-c� 'L'n�� -`�J 1v _ jv(10 cyll"( Ito-110 603 04 M S HOwIF ' 1 ' TOWN OF NEWCASTLE MEMORANDUM �F � TO: Mayor B. Ricka and Members of Council FROM: Jan Deva r, R.D.M.R. , Director of Community Servic s DATE: July .�3 " l 5 SUBJECT: Vaca ion J Ple se be advis d t I w' 1 aking on wg�I vac on (3 days vac tion and 2 s in li overtime) ;om�nenci July 29/85 through to A ust 5t in lusi Durin y absence, p ase refer,ari com pity services matters to Joe Cana, Deputy Di ctbr w o,wi�ll ac as Department Head during my bsence. j� Jan Devantier, .D.M.R Director of mmunit a vices J D*sy .c/c Dep; `rtme H ds CSD inistrative Staff Pastoral 014arge gniteb (94=4 of Qlanaba UAA" Al4 x,4-c�-, Ka IAGE; 603 08 i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 85- 146 being a by-law to amend By-law 77-25 "being a by-law regarding the maintenance, management, regulation and control of certain cemeteries in the Town of Newcastle, as amended" WHEREAS Section 62 of the Cemeteries Act, R.S.O., 1980, provides, that "where the owner of a cemetery cannot be found or is unknown or is unable to maintain it, the Council of the local municipality in which the cemetery is situate shall maintain it and the corporation of the local municipality shall for the purposes of this Act, be deemed to be the owner of the iE cemetery:" AND WHEREAS Section 65 of The Cemeteries Act, R.S.O., 1980, provides that a subject to Section 5 to 61 and to the regulations, the Council of every a:. � local municipality and the trustees of every police village, may pass by-laws `, regarding the maintenance, management, regulation and control of cemeteries: AND WHEREAS the Enniskillen Presbyterian Cemetery located at the north-west ` corner of Lot 18, Concession 7, of the former Township of Darlington and the Long Sault Cemetery located at the south-east corner of Lot 5, Concession 9, of the former Township of Darlington, have been abandoned by the owners of record: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: 1. THAT Schedule "A" to By-law 77-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended, and the following . abandoned cemeteries added to the inventory of abandoned cemeteries listed therein and situate in, and under the management and control of the Corporation of the Town of Newcastle; (a) The Enniskillen Presbyterian Cemetery, located at the north-west corner of Lot 18, Concession 7, former Township of Darlington, now in the Town of Newcastle; and (b) The Long Sault Cemetery, located at the south-east corner of Lot 5, Concession 9, former Township of Darlington, now in the Town of Newcastle. 2. This by-law shall come into effect upon approval by the Ministry of Consumer and Commercial Relations. By-law read a first and second time this 16th day of December 1985. By-law read a third time and finally passed this 16th day of December 1985. / - Mayor Clerk I i 603 09 THE CORPORATION OF THE TOWN OF NOV-ASTLE BY-LAW 89- being a by-law to amend By-law 77-25, "a by-law regarding the maintenance, management, regulation and control of certain cemeteries in the Town of Newcastle, as amended" WHEREAS Section 62 of the Cemeteries Act, R.S.O. 1980, provides that "where the owner of a cemetery cannot be found or is unknown or is unable to maintain it, the Council of the local municipality in which the cemetery is situate shall maintain it and the corporation of the local mumnicipality shall for the purposes of this Act, be deemed to be the owner of the cemetery"; AND WHEREAS the Enniskillen Presbyterian Cemetery located at the north-west corner of lot 18, Concession 7, of the former Township of Darlington and the Long Sault Cemetery located at the south-east corner of Lot 5, Concession 9, of the former Township of Darlington, have been abandoned by the owners of record; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TVWN OF NEWCASTLE ENACTS AS FOLLOWS: 1. THAT Schedule "A" to By-law 77-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended, and the following abandoned cemeteries added to the inventory of abandoned cemeteries listed therein and situate in, and under the management and control of the Corporation of the Town of Newcastle: (a) The Enniskillen Presbyterian Cemetery, located at the north-west corner of Lot 18, Concession 7, former Township of Darlington, now in the Town of Newcastle; and (b) The Long Sault Cemetery, located at the south-east corner of Lot 5, Concession 9, former Township of Darlington, now in the Town of Newcastle. 2. THAT By-law 85-146 is hereby repealed. By-law read a first and second time this By-law read a third time and finally passed this Mayor Clerk 603 10