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HomeMy WebLinkAboutP-150-80 l � 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1 JO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 29, 1980. REPORT NO. : P-150-80 SUBJECT: Invoice from D. B. Greenspan regarding Townline Shopping Centre Petition to Cabinet BACKGROUND: On February 27, 1980 Town Council authorized Mr. 1). B. Greenspan to prepare a brief to the Ontario Cabinet in support of the Ontario Municipal Board's decision in respect of the Townline Shopping Centre, north-west corner of King Street and Townline Road, Oshawa. These in- structions to Mr. Greenspan were authorized by Council Resolution No. C-80-259. Further to those instructions, the Ontario Cabinet has now ruled on the Townline Shopping Centre appeal, a copy of the decision is attached and Mr. Greenspan has correspondingly provided us with his Statement of Account regarding this matter. Mr. Greenspan has also in- cluded within the attached invoice his fee regarding discussions with Macaulay, Lipson and Joseph and the reimbursement of Newcastle for the fees incurred in the Townline Centre hearing. COMMENT: Further to the Town Manager's instructions, staff are presenting the attached invoice for payment. It was anticipated that these matters - 2 - would be paid for through Planning Account 7702-207-000, "Professional Fees" although not specifically indicated under Resolution No. C-80-259. It is, therefore, suggested that the attached invoice be charged to the above-mentioned account. RECOMMENDATION: It is recommended that Council instruct the Treasurer to pay the attached invoice from D. B. Greenspan in the amount of $1544 dated August 25, 1980 from Account 7702-207-000. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. September 9, 1980 Director of Planning August 2519 80 To Cogpor4tion of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 �. Attention: Mr. Albert Guiler, A.M.C.T. , C.M. Town Manager. IN ACCOUNT WITH V Ti IONI-;ON, 1-_?.OGP,'1ZS Barristers and Solicitors � G 390 Bay Street, Toronto, Ontario M511 I W2 : r Our File No. 52/574 I Re: 1 . Counter-Petition to the Petition to Cabinet by the City of Oshawa Appealing the Favourable Decision- of the Ontario Municipal Board on Townline Centre; Re : 2. Settling of OMB Orders Arising out of the Various Decisions in the Region of Durham Official Plan Hearings; Re : 3 . Assisting the Town to Obtain its Fees Reimbursements on the Town Centre OMB Hearings To being engaged between February 15th and the present in reviewing Oshawa ' s petition, telephone conversation with Mr. Smith regarding same, office conferences regarding the petition, communicating with other counsel regarding the petition, preparing and filing reply on your behalf to the Cabinet, reviewing the Cabinet' s decision and reporting to you. To correspondence and telephone conferences with officials of the OMB and telephone conferences with other counsel and Mr. Don Smith regarding the settling of the Board orders arising out of its decisions on the Region of Durham Official Plan hearings. To extensive correspondence with Mr. Macaulay and several telephone conversations with Mr. Boxma regarding the .reimbursement of Newcastle ' s fees for the Townline Centre OMB hearings. And to all other telephone conferences, correspondence and meetings not specifically referred to above. TO OUR FEE $ 1 , 500 . 00 . ./2 2 Forward $1, 500. 00 Disbursements Paid for xeroxing and long distance telephone calls 44 . 00 Total fees and disbursements $ 1 , 544 . 00 THIS IS OUR ACCOUNT DATED THE 25TH OF AUGUST, 1980. THOMSON, ROGERS l , Per: r D vi B. Greenspa t E. &O.E. O.C. 2).0/80 vez,r Onlano Executive Council Copy of an Order-in-Council approved by Ilis honour the Administrator of the Government of the Province of Ontario, dated the 31st day of July, A .D. 1980. The Committee of Council have had under considera- tion the report of the Honourable the Chairman of hi�u,a femcnt. Board of Cabinet, and Chairman Cabinet Committee o), Lcgisla•- tion, wherein he states that, WHEREAS the Corporation of the City of bac filed a petition praying that the decision of the Ontario Munici- pal Board made on the 14th day of January, 1980, (\,,hcr(:by the Ontario Municipal Board confirmed that portion of the Official Plan for the Regional Municipality of Durham Planning Area which designated as Residential certain lands on t.l,e north side of Highway No. 2 at its intersection with Townline Road, more particularly described as part of Lot 1, Concession 1, in the City of Oshawa and ordered a corresponding an;end- ment to' the Oshawa Official Plan) , be rescinded, varied or alternatively be the subject of a new public hearing. The Honourable the Chairman of Manage»,e,it: Board of Cabinet and Chairman, Cabinet Committee on begifdation, after due consideration of the said petition, therefore recorrr- mends that pursuant to the provisions of section 9h of T.hc Ontario Municipal Board Act, R. S.O. 1970, c. 323, the afore- mentioned decision of the Ontario Municipal Board dated the 14th day of January, 1980 be confirmed. In making this recom- mendation, the Executive Council takes the position that the decision of the Ontario Municipal Board insofar as it. relates to the Oshawa Official Plan, should be interpreted io t,-jean that. the City of Oshawa has full scope to amend its Official flan to allow any of the uses permitted under the "Residential" de- signation in the Regional Official Plan, specifically a Local IN-4 C 2 Commercial Centre not exceeding 60,000 square feet of retail space. The Committee of Council concur in the recommenda- tion of the Honourable the Chairman of Management Board of Cabinet and Chairman, Cabinet Committee on Legislation and advise that the same be acted on. Certified, Deputy Cleric, Executive Council