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HomeMy WebLinkAboutWD-93-86TOWN OF NEWCASTLE REPORT File #_ IZ-. -167 Res. #.,�C) By -Law # MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: NOVEMBER 17, 1986. REPORT #: WD -93 -86 FILE #: SUB,ECT MILLSON PETITION RECOMMENDATIONS: It is respectfully recommended: 1. That Report WD -93 -86 be received for information; and, 2. That a copy of this report and subsequent resolution be forwarded to Mr. Millson. REPORT: Resolution GPA.694 -85 referred the petition of Mr. N.E. Millson to staff for review and report to G.P.A.C. Attached are copies of Mr® Millson's petition and a letter to Sims Brady & McInerney requesting a legal opinion as -to the legal obligation, if any, with respect to the information presented in the petition. Also, attached is a letter from Sims Brady & McInerney stating their views. ....2 Page 2 Report No. WD -93 -86 It would appear that the Corporation of the Town of Newcastle has no obligation to act on the commitments referred to in Mr. Millson's petition. Notwithstanding the above, staff intends to present a Church Street reconstruction project in the 1987 Capital Budget. GJO: jco November 12, 1986. Respectfully submitted, Gordon J. Ough, P. Eng., Director of Public Works. Sins Brady & McInerney BARIUS'FERS 11�1 SOIACII-ORS October 28, 1986 Mr. Gordon J. Ough, P. Eng., Director of Public Works, Corporation of the Town of Newcastle, Municipal Building, Hampton, Ontario. LOB 1J0 Dear Mr. Ough: Re: Church Street South - Mr. Millson D, R. I)..Scut t I wish to confirm my advice given at our meeting on October 27th, 1986 in which I advised that I do not believe that there is any legal. obligation on , 1 -to f �. V d '°`F�,•.S I.V L'1lt ��>�5"J n$'�UF���'1:'..tF .FiT.vfi.`"(.^'Sra�3, gutters and and paving on Church Street South, Orono. Commitments made to ratepayers by previous councils carry considerable weight in determining the allocation of the Town's limited resources. However, this is a political and not a legal de ision. Yo s t -uly, David J. D. Sims DJDS:mrs 117 King Street, Box 358, XVhitb}', Ontario, LIN 5S4 Telephone 668 -7704 J Q CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1J0 Sims, Brady, McInerney, 117 King Street East, Box 358, Whitby, Ontario. LIN 4Z1 Dear Sir: GORDON J. OUGH, P.ENG., DIRECTOR TEL. (416) 263.2231 987 -5039 August 1, 1986. RE: CHURCH STREET SOUTH, - MR. MILLSON Please find attached a petition from the residents on Church Street South requesting actions on the committment made between the former Police Village of Orono and the former Township of Clarke. Please review the petition as presented by Mr. N.E. Millson, during his delegation to the Town of Newcastle's General Purpose and Administration Committee, at the meeting of October 2, 1985, and provide your comments on the legal obligation that the Town may have with respect to this issue. If the Town is obliged to uphold the committments referred to I would ask if you thought there was any time limits and /or special financial arrangements involved. The Clerk's Department may be able to provide information with respect to the old Clarke Township files if required. It would be of assistance to our budgeting process if you could review this matter and supply us with your comments by September /October if possible. If there is any further information required please contact the' undersigned at your convenience. Yours truly, n Gordon J. Ough, P. E g., Director of Public Works. GJO:kd DELEGATION' G.P.A. Oct 21/85 To: The General Purpose and Administration Committee of the Council of the Town of Newcastle Box 512 ORONO, Ontario [,0 ]3 MO bCPAer 21.1985. Chairperson and Members of the Committee: On behalf of the owners and residents of the southern section of Orono whose signatures areattached to this petition and represent one hundred percent of the said property owners and residents of the affected area, I wish to leave with you this documented request for your consideration. At this time it is our direct request for storm sewering, curbs, gutters and paving construction on Church Street south. If you should require further information and verification of the authenticity of this document you may wish to refer to the engineering records of Totten Sims Hubicki Associates Ltd., Consulting Engineers: Messre Ted Sims and Peter Eberlee of this firm prepared the engineering reports regarding the needs study for the project and also the information for presentation to the Ontario Municipal Board. Respectfully Submitted by (H. E. rlillson) To The Mayor and Members of the Municipal Council of the Town of Newcastle We, the undersigned property owners, and residents of the southern section of the old Police Village of Orono, hereby request your consideration of our petition as set forward herein: Prior to the passing of Bill 162 by the Province of Ontario establishing the Region of Durham, certain commitments had been made between the Police Village of Orono and the Township of Clarke. Our main concern is the agreement pursuant to the Municipal Act R.S.O. chapter z49, section 498 and later revised to chapter 284, section 478 and which currently is listed under chapter 302, section 338 of the Act. Due to the execution of this agreement the Village of Orono was able to commence a project of street construction including storm sewers, curbs and gutters, paving and sidewalk construction whz�ye necessary, to comply with the changes in elevation. As this type of reconstruction could not be done one street at a time for two reasons; firstly it would be too costly and secondly levels for sewers and street intersections would not be compatible, therefore the village trustees on the advice of their engineers, decided to do some of the north of the village and all of the central section. The United Counties of Northumberland and Durham co- operated by tying in with the Village plans for Main Street in the central section of the Village. In order for the village to comply with the terms of the Act, and to qualify for the M.T.C. (Ministry of Transportation and Communication) subsidies, it was necessary to have the entire village declared a local improvement area. They then applied to the O.M.B. (Ontario Municipal Board) for approval to proceed on a plan to retire the cost on a five year repayment plan through a bank loan. At the first O.M.B. hearing there were many objections from the south section of the Village, and many objectors voiced the opinion that they would not object if their section, that is the south section, was completed first. Others thought maybe sanitary sewers should be a priority. The O.M.B. ruling was based on the fact of probability for sanitary sewers and the request was rejected as long as the- condition existed for the probable need for sanitary sewers. however, after tile. hearing, some of the objectors Withdrew their objections when they realized that the Trustees objective was a five year plan for the northern and central sections and on its completion the southern section would be. started on a further five year page 2 plan and would thereby be correcting most drainage problems in the village. At a later date, the Trustees asked for a new O.M.B. hearing as they wished to table with the board, professional engineering reports from their consultant and reports from Water Resources and the Department of Health, which questioned the need for sanitary sewers. Also the village had the blessing of Ministry of Transportation and Communication as they saw it was a plan that would save future expenditures. At that point in time Mr. Ward, Chief Subsidy Officer of M.T.C. earmarked the lump sum payment for village work. A second hearing was held and due to reports from the engineers, Ontario Wa.ter Resources Commission and Department of Health it was established that sewers, curbs and gutters, and proper pavement in the village, it would forestall the need for sanitary sewers for years, and make it almost impossible to estimate where or when such sewers might be needed. The second 0. M. B. hearing was held and the Board ruling was in favour of the Village. Due to the foregoing information this delegation would like to arrange a meeting wi_ththe Town's Director of Works, the Regional Commissioner of Works, two members of our delegation and the Mayor and representatives of Council, {S 1 l 9 / J � ck i, A 1 — l , " Sr, Cky 1,121 C- �-D G.P.A. Minutes REPORTS PUBLIC WORKS Proposed Closure and Conveyance of Parts of Rehder and Edsall Ave., Bowmanville 77.44.137 UNFINISHED BUSINESS 14 - October 21, 1985 Resolution #GPA- 691 -85 Moved by Councillor Hobbs, seconded by Councillor Taylor That the recommendations in Report WD -71 -85 be endorsed. Resolution #GPA- 692 -85 Moved by Councillor Hamre, seconded by Councillor Taylor That Report WD -71 -85 be tabled pending receipt of an opinion from the Town's Solicitor for Council. "CARRIED" Resolution #GPA - 693 -85 Delegations Moved by Councillor Hobbs, seconded by Councillor Woodyard That the delegations of Walter Rebot, Frank Winters, John Beaulieu and Al Strike be acknowledged and they be advised of'Council's actions. "CARRIED" Resolution #GPA- 694 -85 Moved by Councillor Hamre, seconded by Councillor Hubbard That the petition of Mr. H. E. Millson be referred to Staff for review and report prior to the 1986 Budget„ and that Mr. Millson be advised of C unciIE's actions. OTHER BUSINESS Councillor Woodyard thanked Council and Staff for the flowers he received during his hospital stay. Resolution #GPA- 695 -85 Parking By -Law Moved by Councillor Woodyard, seconded by Councillor Taylor That the General Purpose and Administration Committee recommend to Council; That consideration be given to repealing the 3 hour parking by -law; and That a more comprehensive and appropriate by -law be enacted. "CARRIED"