Loading...
HomeMy WebLinkAboutWD-57-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of April 14, 1981. Item: WD-57-81. Date: April 7, 1981. Subject: POLICY FOR ENCROACHMENT Recommendation: THAT the recommendation contained in the correspondence of Mr. Sims, Town Solicitor (April 2, 1981) be adopted as Town Policy in respect of the consideration and/or granting of encroachments on a Municipal highway and, further, that the Policy be formally established by By-Law. Report: At the Meeting of January 20, 1981, by Resolution # W-5-81, the Public Works Committee requested a letter of clarification of a Policy for Encroachment, and attached are the recommendations and comments received from the Town Solicitor. Also attached is all previous data relative to this matter, which is included for information purposes. ��r I BARRISTERS & SOLICITORS April 2, 1 1 t"�r)I D.J.D. SIMS, Q(C. M.C. McINERNEY J.F. BRADY Mr. Jack Dunham, APR 6 1961 Director of Public Works, Corporation of the Town of Newcastle, Municipal Buildings, WORKS DEPT. Hampton, Ontario. Tr-,­ 'IF NEWCAQ'rf r Dear Mr. Dunham: Re: Policy for Highway Encroachments T submit herewith my recommendations for a Town policy with respect to the granting of permission for encroachments on a highway. Recommendations 1. Each request for permission for the continuation of an encroachment upon a public highway be in writing and be considered upon its own merits. 2 . Each request be submitted to the Director of Public Works accompanied by the following information: (i) the name of the registered owner of the property; (ii) the legal description of the property in question; (iii) a survey of the property and the encroach- ment; (iv) an explanation of how the encroachment occurred. 3. The Director of Public Works shall consider the application and submit a written report to the Public Works Committee for its consideration. 4 . After receipt of the Director of Public Works 117 KING STREET, WHITBY, ONTARIO LIN 4ZI BOX: 358 TELEPHONE: 668-7704 I V01 - 2 - I report, the Public Works Committee shall recommend to Council either of the following courses of action, namely, (i) the application be denied; or (ii) a by-law be enacted pursuant to the pro- ( visions of Section 354 (i) paragraph 93 of The Municipal Act J (a) granting permission to the registered owner, or owners, their heirs, successors and assigns to maintain and use such portion of the erection as constitutes an encroachment upon a public highway for so long as the encroachment in question is not required for municipal purposes; (b) charge such annual fee or charge as Council considers reasonable; (c) in the event that a by-law granting permission for the encroachment is granted and an annual fee or charge is required, such fee or charge shall form a charge upon the land used in connection therewith and the payment of it may be enforced in like manner as taxes are payable; j (d) providing that the by-law may be rescinded at any time and the permission for the encroachment shall be terminated six months after the rescinding by-law shall have been enacted. Background Council has in the past received requests for per- mission to continue encroachments upon public streets. In most cases the encroachment occurred many years ago before set backs were required by zoning by-laws and before surveys were normally required in routine real estate transactions. The existence of the encroachments now come to light from surveys when properties are being sold or mortgaged. i Previously, the encroachment policy was established by resolution W-265-80, adopted by Council resolution C-80=1265 which reads as follows : - 3 - "Permission for an encroachment be granted on the year-to-year basis, for as long as the land in question is not required for Municipal purposes or public use. Should the latter occurance take place, a six month period of notice shall be given. " However, Resolution C-80-1377 rescinded the prior resolution and reads as follows: "That the policy for encroachment, as set out in Resolution W-265-80 of the Works Committee and approved by Council Resolution No. C-80-1265 be rescinded. That the staff be instructed to prepare a by-law granting the encroachment on Church Street, as requested by Alan and Hazel Raby, for the life of the existing building in accordance with Section 353 (sub L, Par. 93) of The Municipal Act, (cic. ) . That no further encroachments be considered until the Public Works Committee recommends a new policy to Councio to be adopted by by-law. " Resolution No. W-5-81 requires the matter of encroach- ment policy to be on the agenda of the next Public Works meeting on February 17th, 1981 , with a letter of clarification from the Town solicit6.r. Commenting on a prior draft of the policy for en- croachment I stated that I believed that each encroachment must be assessed on its own merits. No two situations will be identical and I do not believe that a single policy can be of universal application. I further stated that I was concerned that Council might permit an encroachment on a public road to continue for the life of the building. Municipal purposes may change from time to time and dictate that the encroachment should terminate. Accordingly, I recommended that if a license was to be granted it should only continue for so long as the property is not required for municipal purposes. The Municipal Act, Section 354 (1) paragraph 93 deals with the subject and provides as follows: - 4 - Sec. 354 (1) - By-laws may be passed by the Councils of local municipalities: 93. - For allowing any person owning or occupy- ing any building or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for fixing such annual fee or charge as the Council considers reasonable for such owner or occupant to pay for such privilege. (a) Such fee or charge forms a charge upon the land used in connection therewith and is payable and payment of it may be enforced in like manner as taxes are payable and the payment of them may be enforced, but nothing herein affects or limits the liability of the municipality for all damages sustained by any person by reason of any such erection upon a highway. While Council may permit an existing encroachment under the aforementioned section its permisson can be with- drawn at any time. Accordingly, I suggest that my recommendations would be a suitable policy for encroachments on a public highway. If you have any questions please do not hesitate to contact me. f Yo rs ruly, I i David D. Sims, Q. C. DJDS :mrs P. c. Mrs. Gertrude E. Gray i 1 POLICY FOR ENCROACHMENTS: Background history. I'. Prior to April, 1980 ENCROACHMENTS were treated on an individual basis and were granted, by Resolution, with wording as follows: "THAT permission for the encroachment be granted in respect of -------- -------- (details of dwelling, location, Reference Plan, etc)---------- and that this encroachment be on a year-to-year basis for as long as the land in question is not required for Municipal purposes of public use; should the latter occurrence take place, a six-month period of notice shall be given". April 29, 1980: Report WD-53-80, endorsed by Resolution # W-93-80 (Item P' 3 4. P.W.C. Report to Council) ******* RECOMMENDED NEW POLICY. P•2�- COUNCIL ACTION: May 5, 1980. Resolution C-80-663 "TABLED" 3. September 2, 1980: Report WD-101-80, endorsed by Resolution # W-203-80 9-Al (Item 8, P.W.C. Report to Council.) NEW POLICY RECOMMENDED TO COUNCIL. i P.%Ao COUNCIL ACTION: September 8, 1980. Resolution C-80-1144 "APPROVED". September 30, 1980: Report WD-139-80, endorsed by Resolution # W-265-80. (Item 18 on Report) RECOMMENDED NEW POLICY (as per pre-April, 1980) previous action rescinded. (? 11 COUNCIL ACTION: October 6, 1980. Resolution # C-80-1265 "APPROVED" November 3, 1980: COUNCIL ACTION: Resolution # C-80-1377 RESCINDS # C-80-1265 P' 11 and "will consider no further encroachments until the Public Works Committee recommends a new Policy to Council to be adopted by by-law". Note: Same Council Meeting: See Resolutions C-80-1371 & 1372. ( ' �eo� ). '*J-' December 5, 1980: Report WD-173-80, endorsed by Resolution # W-319-80 & W-320-80. 3,t 4 P (0- p t S (Item 10, P.W.C. Report to Council) . ******* NEW POLICY (subject to concurrence of Town Solicitor) . January 20, 1981: Report WD-15-81, received for information. P •� Resolution # W - 4 -81 - granting encroachment "notwithstanding Policy" (Item 1, P.W.C. Report to Council) Resolution # W-5-81: "THAT the matter of an Encroachment Policy be on the next Works Committee agenda with a letter of clarification from the solicitor". COUNCIL ACTION: P.W.C. Report adopted by Council # C-109-81. SUMMARY: FOUR POLICY RECOMMENDATION SINCE APRIL, 1980. j.� Public Works Committee Resolution #W-4-81 January 20, 1981 �� Moved by Mayor Rickard, seconded by Con. Prout THAT notwithstanding Town Policy for Encroachments, adopted by Council on October 6, 1980, and in view of circumstances related to this situation as being minimal, a by-law be prepared to permit the encroachment of the building on street allowance for the life of the building, subject to the approval of the Town Solicitor, and Report WD-15-81 be received for information. "CARRTED" Resolution-#W-5-81 Moved by Mayor Rickard, seconded by Con. Woodyard Policy for THAT the matter of an Encroachment Policy be on the Encroachments next Works Committee agenda with a letter of clarification from the solicitor. Moved by Con. Prout, seconded by Con. Woodyard THAT Report WD-12-81 be entertained at this time. "CARRIED" Resolution #W-7-81 Moved by Con. Prout, seconded by Con. Woodyard THAT the recommendation in Report WD-12-81 be endorsed and; 1) Upon the acquisition of By-law 198, dated March 3, 1866, the same be registered and the necessary Deed be prepares! "CARRIED" 1 . Mangan Q.C. Road Mr. J. Mangan, Q.C. , addressed the Committee relative Allowance Report WD-12-81, part of lots 30 and 31, Concession 9, Lots 30 & 31 and part of the Road Allowance between lots 30 and .31, Conc. 9 Concession 9, former Township of Darlington. Darlington Resolution #W-6-81 Moved by Con. Prout, seconded by Con. Woodyard THAT Report WD-12-81 be entertained at this time. "CARRIED" Resolution #W-7-81 Moved by Con. Prout, seconded by Con. Woodyard THAT the recommendation in Report WD-12-81 be endorsed and; 1) Upon the acquisition of By-law 198, dated March 3, 1866, the same be registered and the necessary Deed be prepares! REPORT # 3 Mayor Rickard and Members of Council:- The following is a report of the meeting of the Public Works Committee held on January 20, 1981. ft�oP;Ir) gy c 1• Encroachment Part 3, Plan 1OR-417 - Church St. Bowmanville It was recommended to Council that notwithstanding Town Policy for Encroachments, adopted by Council on October 6, 1980 and in view of circumstances related to this situation as being minimal, a by-law be prepared to permit the encroachment of the building on street allowance for the life of the building, subject to the approval of the Town Solicitor. -� 2• Road Allowance between Lots 30 and 31, Cone. 9„flarlincton It was recommended to Council that, relative to Road Allowance between Lots 30 and 31, Concession 9, former Darlington: l.) Upon the acquisition of by-law 198, dated March 3, 1866, the same be registered and the necessary deed be prepared, conveying the relevant portion of the road allowance and further that any associated costs be borne by the applicant. 2) Whereas by-law 198 may not be on record, then comments from the Town Solicitor be obtained prior to a new by-law being submitted to Council for consideration. 3. Storm Sewer Construction IC was recommended to Council that funds be provided in the 1981 budget for storm sewer construction, in accordance with Report WD-17-81 and the estimated costs outlined therein and further that the Region of Durham be requested to accommodate in their design a location for future sidewalks in those areas where presently sidewalks do not exist. /I . Tenders for Garbage Collection Orono it was recommended to Council that the tender of Puckrin & Sons Whitby, for garbage collection in Orono at a Unit Price of $2.89 per month and annual contract price of $25, 923.30, being the lower tender, be accepted subject to the Director of Public Works confirming that the conditions of tendering had been met. 5• Unclaimed Road Hamlet of Tyrone It was recommended to Council that due to the large encroachment of a property on the subject land and in accordance with the proposed Development Plan for the Hamlet of Drone, the Town of Newcastle grant a letter to Mr. Merrill D. Brown, O.L.S. stating that this Municipality has no interest or Title to the lands situated in Part of Lot 9, Concession 7, former Township of Darlington, more particularly described as Parts 2 and 3 of Plan 1OR-1174. - 2 - Report No. ( S , oC �0) 8. Appraisal Station Street Orono It was recommended to Council that an appraisal of land value be obtained relative to Parts 1 to 15, inclusive of Plan 1OR-1042 and that the cost for same be applied to the Reserve Fund (Sale of Road Allowances) and further that the Director of Public Works report back to this Committee when the Appraisal is received. 9. Policy for Unmaintained Road Construction It was recommended to Council that the following Policy for Unmaintained Road Construction be established by by-law: "THAT the Town will not undertake the construction of any unmaintained road until June 1, 1983 and will not, within that period assume for maintenance purposes any additional roads, save and except those which are constructed by others, at no cost to the Town, under a Subdivision Agreement; The Local Improvement Act or private enterprise, provided that the roads solconstructed meet the Design Criteria and Construction Standards required by the Town and that all applications for implementation of the Policy must be approved by the Municipality and be in accordance with the provisions of the appropriate Zoning By-law and Official Plan". 10. Policy for Encroachments It was recommended to Council that the following Policy for Encroachments be established, subject to the concurrence of the Town Solicitor: "1. Each individual written request for permission to encroach be accompanied by a Reference Plan and shall be presented to the Public Works Committee, by Staff, with a report and recommendation for consideration. 2. Each request for encroachment be considered on its own merits after which one of the following shall apply - (a) That it be on a year-to-year basis. (b) That a portion of the Public Road be closed and conveyed. 3. All costs associated with requests for encroachments be borne by the applicant. 11. Part Lot 1, Concession 5, Clarke - Des-iardins It was recommended to Council that, whereas improvements are requested to the road allowance in part of Lot 1, Concession 5, former Township of Clarke, prior to consideration of year-round maintenance, and whereas Town Policy has been that improvements be at no cost to the Town, therefore the applicant be advised that, Resolution 11W-317-80 1,4 Moved by Mayer Rickard , seconded by Con. Pruut Policy 'IVAT the recommendation in Report WD-172-80 be endorsed Unmaintained and that the Policy for Unmaintained Road Construction, Road as previously. established be extended for a period of Construction two years. "CARRIED AS AMENDED" Resolution #W-318-80 Moved by Mayor Rickard, seconded by Con. Prout , THAT the foregoing resolution be amended by extending the policy until June 1, 1983 and the policy be established by by-law. "CARRIED" Resolution #W-319-80 MOvecl by Con. Prout , seconded by Con. Woodyard Policy THAT the recommendation in Report WD-173-80 be for endorsed and whereas , it is deemed necessary that Encroachments a policy for Encroachments be established, that 1 . Each Individual written request for permission to encroach he accompanied by a Reference Plan and shall be presented to the Public Works Committee, by Starr, with a report and recommendation for consideration. 2. Each request for encroachment he considered on its own meriCs , after which one of the following; shall ;apply; (a) That it be on a year-to-year basis (h) That n portion of the Public Road be closed and conveyed. 3. All costs associated with requests for encroachments he borne by the applicant. "CARIOED AS AMNNDl-A)" Public Works Committee - 5 - December 5, 1980 Resolution #W-320-80 Moved by Con. Cowman, seconded by Mayor Rickard THAT the foregoing resolution be amended by adding Iscrb.ject to the concurrence of the Town Solicitor' - --- — --- "CARRT 1)" e ✓Fj Council Minutes Heritage Designation -11- Resolution #C-80-1519 December 15 1980 Moved by Councillor Payout, seconded by Councillor Taylor THAT Item 3 of the foregoing report be adopted. "CARRIED' Resolution #C-80-1520 Moved by Councillor Prout, seconded by Councillor Hubbard THAT the Town Clerk's report re Heritage Designation be approved. "CARRIED" Resolution #C-80-1521 Moved by Councillor Taylor, seconded by Councillor Prout Public THAT the Public Works Committee Chairman's report of Works meeting held December 5 1980 be approved except for Co mii_ttee Items 12 and 13. "CARRIED" Resolution #C-80-1522 Moved by Councillor Taylor, seconded by Councillor Prout THAT Item 12 of the foregoing report be adopted. Resolution #C-80-1523 Moved by Councillor Cowman, seconded by Councillor Harare THAT Item 12 be referred to the meeting of Council In C Tadttee called for December 19 1980 together with the Town Manager's report on staffing. Resolution #C-80-1524 Moved by Councillor Taylor, seconded by Councillor Prout THAT Item 13 of the foregoing report be adopted. C(l TOWN OF NEWCASILE, PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of December 5, 1980. ITEM: WD-173-80. DATE: November 27, 1980. SUBJECT: Policy for Encroachment. BACKGROUND: At the Meeting of November 3, 1980, Council rescinded the Policy for Encroachment, as follows: Resotu,ti.orl N C-80- 1377: THAT the Po.Picy bon Ennoachment, a6 set out in Resoecc,ti.on N W-.265-80 o6 the WwLks Committee and approved by Cowlci.e Reso.eu,ti.orl N C-80- 1265 be nescirlded. THAT S.ta66 be ins,tnucted to pnepcvLe a by-.eau g�LCU(.tblg the ene"achnien,t ON Church Stkee-t, " neque:s.ted by A.ean and Haze.e Raby, 6oA the .eik 06 the ex i.z.ti.ng bu, ecCCng, to accoiLdanee wi-th Act (.on . ) 3, Sub (.e) pan. (9 3) o6 The Mun.i.c,t.pat Act (s,�c. ) THAT no 6un.the4 encAoachments be cons.tdened wt- 'at ,the Pube, c WO&ks COMm -ttee recommends a new Pae,i.c(/ to Co unc,t2 to be adopted by b y-eaw. The Policy for Encroachment had been established by Resolution it' W-265-80, as follows: RuoCu.ti.on N (0-265-80: "THAT the 60.eeow,6ig be adopted as the Poucy 6m Encnoachmen-t and arty Pkio& ac. ol( be nesc,inded: "THAI" j:)enmjs,5iOn 60n an encnoachmeat be gnan.ted, 0"1 a c/ean-.to-yeauL basis, bon as .e0a as the .eared u'1 qucs.ti on .i not nequii,ted bon iij(U1 CG(pa e `J(ULpU S e S Un pube-Cc Lase; shoued the Catte}L occunn.ence -take a 6,tx-nion.th pe.nLi.od 06 notice, 6hate be given" WD-173-80. (2) Prior to September, 1980, this Department was requested to pre- pare a new policy which, upon being received by the Cormii.ttee, was recommended to the Town Solicitor for comment. (Report No. WD-101-80) ; however, by letter of September 25, 1980, (attached) the Solicitor expressed concerns in the matter. As a result, Report WD-139-80 recommended the abovementioned Policy. The Policy suggested in Report WD-101-80 (attached) was closely aligned to that used by the Regional Municipality of Durham. During the past while, difficulties have been experienced with the Policy for Encroachment as set out in Resolution # W-265-80, in that mortgage companies would not consider the investment of funds wherein clear Title was not evident; granting an encroach- ment "on a year-to-year basis for as long as the land in question is not required for Municipal purposes or public use" did not give clear Title. It is certain that no two encroachment situations are identical and each, it has been found, must be considered on it's own merit. Upon consideration of all information relevant to this matter, there appears to be only one Policy to follow, even though this has, in the past, not been acceptable in all cases. RECOIL 'MATION: WHEREAS it is deemed necessary that a Policy for Encroachments be established, it is recommended that: 1. THAT each individual, written, request for permission to encroach be accompanied by a Reference Plan, and shall be presented to the Public Works Committee, by Staff, with a report and recommendation for consideration, 2. THAT each request for encroachment be con- sidered on it's own merits, after which one of the following shall apply: (a) That it be on a year-to-year basis. (b) That a portion of the Public Road be closed and conveyed. 3. THAT all costs associated with requests for encroachments be borne by the Applicant. TOWN OF NEWCASTLE To: Mr. J. Dunham, Director of Public Works From: J. M. McIlroy, Town Clerk Date: Novenber 6 1980 This is to advise you that Council on November 3 1980 passed the following resolution #C-80-1377: That the Policy for encroachment as set out in Resolution W-265-80 of the Works CamLittee and approved by Council Resolution #C-80-1265 be rescinded, That Staff be instructed to prepare a by-law granting the encroachment on Church Street as requested by Alan and Hazel Raby for the life of the existing building in accordance with Section 353 Sub (1) par (93) of the Municipal Act, That no further encroachments be considered until the Public Works Conmi.ttee recommends a new policy to Council to be adopted by by-law. This is referred to you with regard to recomiending a new policy to the Public Works ComBnittee, ffla 1OWN OF NEWCASTLE PUBLIC WO RKS DEPARTENr Director's Report to Public Works Committee, September 30, 1980. Imo: WD-139-80. DATE- : September 29, 1980. SUBJECT: Policy for Encroachment. idM►!!L• 1►11 the subject matter was considered by the Public Works Committee and Report WD-101-80 was recomwnded, subject to comlents of the Town's legal advisor. REPORT: Attached herewith are comnents received from our Solicitor; concern is indicated regarding granting an encroachment on a public road for the life of a building and the opinion is ex- pressed that such an encroachment should only be for as long as the property is not required for municipal purposes. RECOMMENDATION: Whereas we concur with the Solicitor regarding an Encroachment Policy, therefore the following shall be adopted as the Policy for Encroachment and any prior action be rescinded. "THAT permission for an encroachment be granted on a year-to-year basis for as long as the land in question is not req- uired for Municipal purposes or public use; should the latter occurrence take place, a six-month period of notice shall be given. "As Mi)rt®n McInerney & Brady BARRISTERS & SOLICITORS V September 25, 1980 D.J.D. SIMS. Q.C. C R.11. MORTON M.C. MCINERNEY .I.F. BRADY W.M. BURCH RECE .VED Mr. Joseph Mcllroy, `A.M.C.T. , 29 1986 Town Clerk, SEP Corporation of the Town of Newcastle, 40 Temperance Street, WOt' :)gPl. Bowmanv' Ile, Ontario. TOWN p► :WCASTLE Dear Mr. McIlroy: Re: Policy for Encroachment Thank you for your letter of September 11th, 1980. I have reviewed the policy for encroach- ment and I have some concerns with the form of the policy that has been adopted. First, I believe that each encroachment must be assessed on its own merits. No two situations will be identical and I do not believe that a single policy can be of universal application. I am also concerned that Council would permit an encroachment on a public road continue for the life of the building. Municipal purposes may change from time to time and dictate that the encroachment should terminate. Accordingly, I believe that if a licence is to be given to a property owner to continue the encroachment it should only be so long as the property is not required for Municipal purposes. I am concerned that if the present policy is adopted and enacted on the property owner may acquire a right to continue the encroachment that is higher than he would presently be entitled to under the law. I am sure that that is not the intent of Council. If you or Council have any questions please do not hesitate to contact e. Yo truly, David J. D. Sims, Q. C. DJDS:mrs p.c. Mr. Guiler; Mr. Dunham 117 KING STREET, WHITBY, ONTARIO LIN 4Z1 BOX: 358 TELEPHONE: 668-7704 .1 110M OF NEWCASTLE PUBLIC MRKS DEPARU ENI' Director's Report to Public Works Cotmnittee of September 2, 1980. ITEM: WD-101-80. DATE: August 20, 1980. BACKGROUND: During the past several years, the following has been adopted as the Policy for Encroachments: i "THAT permission for the encroachment be granted on a year-to-year basis, for as long as the land in question is not req- uired for Municipal purposes or public use; should the latter occurrence take place, a six-month period of notice should be given." REPORT: As a result of difficulties experience with the foregoing, Staff have reviewed the matter, and hereby recommend.- THAT the following be established as the Policy for Encroachment: 1. 'MAT each individual, written request for permission to encroach be accompanied by a Reference Plan, and shall be presented to the Public Works Caudttee for consideration, together with a report and reconu end- ation. 2. THAT, upon ComTi_ttee and Council's adoption of a recommendation to permit an encroaclmietit, this be for the life of the building, and that the appropriate By-Law then be passed. 3. THAT, if a requested encroachment is geographically located within an area which is included in the Five-Year Forecast for road improvements, then this be considered, in accordance with Items 1 and 2 of the Policy, and that such encroachment be granted for a maximum period of five-year, with a renewal clause incorporated into the By-Law for review at the appropriate time. / 2 . . . Cr I - 2 - MCOMMEIMITON, continued. . . +• THAT all costs associated with Items 1, 2 and 3 of the foregoing, be borne by the Applicant. TOWN OF NEWCASTLE, PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee. Item: WD-53-80. Date: April 21, 1980. Subject: ENCROACHMENT - 94 Church. Street , Bowmanville. Background: The subject matter was discussed by the Public Works Committee at the meeting of December 11, 1978, as a result of which Resolution # W-415--: 78 was passed and adopted by Council on December 9, 1978. During the past two years, approximately fifteen encroachments have been considered by the municipality, all of which have resulted in action identical to that which is presently discussed. Report: The attached correspondence states that the subject property " is the only one that had been condemned by a threatening clause", and clearly this is not the case. In Section 354, subsection 93, of The Municipal Act, the following provisions for encroachment are made: 93. For allowing any person owning or occupying any building or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for fixing such annual fee or charge as the council considers reasonable for such owner or occupant to pay for such privilege. (a) Such fee or charge forms a charge upon the land used in connection therewith and is payable and payment of it may be enforced in like manner as taxes are payable and the payment of them may be enforced, but nothing herein affects or limits the liability of the munic- ipality for all damages sustained by any person by reason of any such erection upon a highway. . / 2 . . . 14. L WD-53-80. - 2 - The foregoing can be incorporated into a by-law and, presumably, a time element can also be included. To this point in time encroachments have been granted at no cost to the property owners which, in my opinion, has been a reasonable approach by the Town; in the past there have been two occasions where mortgage companies have expressed concern with Town Policy relative to encroach- ments, and the fact that they are granted on a "year-to-year basis for as long as the land is not required for municipal or public purposes". Recommendation: WHEREAS concerns have been expressed relative to encroachments on highways under the jurisdiction of the Town of Newcastle, it is deemed necessary that the following Policy be established: 1. Written requests for acknowledgement of en- croachments shall be considered by a Comm- ittee or Council, in accordance with Section 354, subsection 93, of The Municipal Act. 2. After consideration Council may establish an annual fee, such as may be reasonable for an owner or occupant to pay for the privilege of encroachment on municipal property. 3. Upon payment of the first annual fee, Council may pass the appropriate by-law in respect of the encroachment, and this shall remain in effect until the Town of Newcastle, or the property owner or occupant, has requested a repeal of, or amendment to, the by-law, such notice or request shall be given at least 60 (sixty) days prior to any year's end. J11a1!.\!Jd times,IOJ s11111jod Jo 11ul,\Iv MI) p1m 'J:1Jrya Jo JJJ 11011s Jo Iuoul,6nd ,1y1 'uo11!Inloa luu!�!Jo S)t o) O.n:.\alnocl Jo .�r•\o1111y (ails Jo tlotlrJOlsoJ ot11 'sYulll,nultl to .I1:1.101IN1l 11011,4 Jo 11111,,1:111 Jy) i1ur1111ni7JJ .IoJ (lull 'ilollmiil000 1i 111N Jo )oIII Jo III11ll,ll .111) 1111,1 l)a1dllom) UJ.11: Jtl) o) tIul(,JU,1ov 0Sn Tin", JOJ J11,n:yJ Jo aoJ l: ;fu!loolio,) (lull JoJ :s1it1!1)JUoll Jo llol l.),mo mi l JoJ to"llilpiillti ya11,4,IoJ slul.IJ1111U Jo 411'JoJR Jti1 JoJ xuunx,,,do pulli galls oodn Nool ll:.10do 11UI1)I111(l lful.itll) I1,11:,\Jllloy to Atlmll lllj ru,pplq Nuunp IiJI1N ifllltlillfl,l: IIIII:l Jcl ItIL'lIiL1JO Jo JJ11.1\0 ,Ili) .111 (/JUAJlllot) IiJ9'0it"'1 m.�uAtilw q .IU .\I:•\\(11111 .1111: 011 llull.lod 1: Jo )511 Jli) 11111I)I111.IJd do,j 'l•ti 1"''x.1 '.\L',1\1111111 1: Ilodn IIoll.)J.111 halls, 'itilu Jo uosvo.l.�q uos.Iod .�Ilt:.�cl pau!rlsnssJlivun:l)ill:JoJ .\)Ill:d1.111111111 Jy) Jo ,�l!l!c11:11 alll Slilllil Jo s'IJOJJI: II10.I0tl 11uty)ou lny '1laaloJIIo all Auw wage Jo luaul•h:d oyl lnn:0lclr.�l:d my s0xl:l s,u J0t1u, m ).y!1 u! 11a0JoJuo all ,irut )I Jo Illoul,Nd 1,ut: tggl:.�vd 51 (lull 111!mo.101j) 1101100111,100 III I0sn Iuu1 ml I [loll 11 J;1.Imp r stuJoJ 0y,ImI ) to 000 y0t1.," (u) •aWol!,\Ijd yams JOJ .0:d o) Iu11d1100o Jo.1J11.1\o 11a1IsJoJ 0ly mosum SJoI)lsuoo llauno.) MI I Su J;t,tella Jo 000 lu1111m: IiJIIS ,`Iutxtj JoJ l,ul: uoo.1mll tlol)00.10 1ptls Jsn inn: un:lun:nl oI ,�I1.wpfllj ,iul: tlodn po)a0J0 ,�Ilv pvd JU .i11oli.N IlJati s7:(I 0011JI.10AIm111 ,\cl )iy') 11o11JJ.I0 .I0tI)0 .lo gry11O ;ilnl,l!nc1 '1ul.�dnaao Jo 11oin.11u oUS.1ml ,1111:ilillmo 1:.1(1, x111111"„ ' II .I 'S;Ii .40,4111;1 vans InoJJ 11111.4'1.11: NIlloplom! 71111)11J•\J,1d ,IoJ I)IIL' 'llo!loltl tit J11y.1\ Sal Jiya.\ .1a11 10 ,lo silylolS 'suolil:.1\ Ilo ifill I)J',I m) 1)11111JC1 111111)1,1 .lo '.4,11:a I1O11h"irulpu Jo sul.11)Jluld ,III) 111) illlll)i.l tuo.IJ tl,l•ll)IIt1J 11111'lllllyo.lcl Jo,l (•ti uwW11,,t,ppy,, • r1iu4!'l1Jd ` \1:A1t1111t1 Jyl Xmlurrwtul uu "fill 1:i111o1 o p1a l ) .lU iiill)S1:Ua i1111)1yt1i1J.1 Jo i1111'lttllllo.id lo:l H) M° )^t1O,) `'Ylu•rral,r� 1,111,Nlimillili111 Illu,ll,nunnl tululofln: iians of •CIllmholufllll 0111 .�1i 1,Jlisnl•n1J J'I 111:115 norlulJOdsn1:J1 snll 0ycind uod11 1,111.10 1 II 01 1,,JCISJJ ylt.l\ n111lullaltinul i 110111!ofln: .\IIL' Il)!.\\ IIIJIIIao.lill: 111: o;Ill 11111.1opi;) JOJ '1;\ it lo Is,�s atl1 i Jo p.IllloO Jill,: 1101)u.l0clo Jtil of 1.),)dsaJ qpm suol)1:101,m 11u1y1:n1 Inn: sliol 1)ur 50,11:J uotlul.lodsul:.11 11utx1J JoJ n Jo Sdul I10Jaw:tp .�(l JJylayA\ 'uIJl11u�) lnoyanolyl SJjo)uJssn:d Jo Jaul:.0mlo0 pill: uotlt:lJodsilux) otil JoJ 'IHO1 .\5 0(11 Jo itou,IloIX.).lo amII?uJlun:Iit 't1 oil 11Jado lu0unlsycir)SJ 0111 JoJ poilli1)0,1 .�JxadoJd lmlos.lad Jo IuJJ .Cue:Jo'JStA\JJ1110 Jo Jsn:ya.nul ,�y 't1oil!s1111)ov ayl JoJ !!! u111111v . . :tllalolllll J o alll all I Ioj.4OSrIy 1lutlluado 'I Yd 101N.IIV I I I Council Minutes -5- November 3 1980 Mayor Rickard left the Chair at this time and Councillor Prout took over as Acting Mayor. Resolution #C-80-1366 Moved by Councillor I1olliday, seconded by Councillor Barr Recess THAT the meeting; recess until 1:15 p.m. (time - 12 noon) . ''CARRIEDI I 'I'he meeting; reconvened at 1.:15 p.m. with the same people in atLencLance with the exception or Councillor Barr. (C )wicillor l;<u•r ;joined We IIKeti.ng at 3:05 p.m. ) Resolution #C-80-1367 Wved by Councillor Hobbs, seconded by Councillor Cowman Calinittee of TfiAT the meeting; be in "C.cxnnittee of the 11'hole" the Whole Resolution #C-80-1368 "CARRI Y, Wved by Councillor ProuL , seconded by Councillor Ccnvman '11 AT Mr. Strike be heard. "CARR IM,, Resolution #C-80-1369 Moved by Councillor Hobbs, seconded by Councillor Prout Lncroaclylx,nt 'IIIAT Council concur with Mr. Strike's request regarding the 12 Braun Street encroachment at 12 Brown Street, Dowrnauiville. 370 Moved by Councillor Hobbs, seconded by Councillor Prout I I'IIAT the oroboint; xe lotion be amended to provide that the ZY wn Fc li cy blue -mndedl acwrding;ly. Moved by.Councillor Cowntur, seconded by Councillor Clarke IIIAT hLr. Strike's request be referred to the Mayor and Staff _.tU,.scelc-a-.rcasgn��le solution to this prob.1on and that the Mayor...I e_.g;Yen power to act'to resolve the matter or bring; 6ou11c..1.1 toguLher before Lhe end of Lhe week if necessary. "CAIiR IM11 Council hlinu ws -9- NOW-111)(111 3 1980 R olut an JOG-=8U-l377 U)vcd by Councillor Ilobbs,seconded by Councillor Prout Encroadiment '111AT the Policy for encroaclunont as set out in Resolution W-265-80 of the Works Connli ttee and approved by Council Resolution #C-80-1265 be rescinded, `I'IIAT Staff be instructed to prepare a by-law granting the encroaclvnent on Church SLrcet as requested by Alan and JkLzel Raby for the life of Lhe existing building in accordance with Section 353 Sub (1) par (93) of the Municipal Act, __'11IAT,no ur her encroaclvlx✓nts be considered until- the Public Works: C- � _i oe'rr'ecorrrnends a new poTicy xtq; Council to be 'ulopted by by .,jw. 'CARRI MI, R(NN )l u t ion #C-80-1378 Moved by Councillor Counnan, seconded by Councillor Hobbs IZeklcei• '111XI' the report #P-189-80 I'_tGe Director of Public Worlc be received for inforniat'on cued no action be taken. t-lo 0 4� R c PL. q N nl l_N G• - ----------- ltc:solution #C-80-1379 Moved by Councillor Ilobbs, seconded by Wuncil.lor Clarke Ali•. ViYxxn 'MAT Council wncur wiLh Lhe recquesL of MI.. VrO(An to retain a building on his lot while building a nciv have on High Sticet, 130WIvinvil.l.e, subject t.o the pit>Ix;r aq;rcaixant being Ctra1'n Up, Ccxlllli t tec, Rise Actions '1':dcen ''CARRIID" 110:tio 1 u Lion #C-80-1:380 6k>vc d by Councillor C WI1 U1 , secx>nded by Councillor Ilolliday THAT the C(IlnLi L tee rise. Resolution #C-80-1381. ''CARRIM,, Nk)vc`d by Councillor Ilobbs, seconded by Councillor Cowman 'MAT the actions taken 11, C c xmu C tee of the lVhOIe be approved. "CAW ZI11)" - 3 - Report #3 14. Argyle Street Bowmanville It was recommended to Council that the property owners of 68 Ontario Street and 8 Argyle Street be notified of action taken in regards to restoration resulting from reconstruction. 15. Street Lighting - Lamb's Lane, Bowmanville It was recommended to Council that, conditional upon favourable comment from the Newcastle Hydro Electric Commission relative to street lighting improvements on Lamb's Lane, requested between Second Street and O'Dell Street, and the ability for same to be financially accommodated during 1980, then the request be approved or, whereas the above cannot be accommodated in 1980, then it be considered in 1981 and further that any portion of the area where street lighting is not in existence, then it be considered in accordance with the current policy. 16. One Foot Reserve —Ashton Subdivision It was recommended to Council that relative to the Ashton Subdivision, Block 'A' of Registered Plan No. 680, being a one-foot reserve, be lifted and the by-law in respect of same be forwarded to Council for approval and that the subject block be declared a Public Highway. 17. Street Names - Rills of Liberty North It was recommended to Council that, subject to the necessary approvals, the street names proposed for Subdivision No. 18T-77123, Rills of Liberty North, be approved. 18. Policy for Encroachment f�Dop-�E3> (�j y e It was recommended to Council that the following Policy for Encroachment be endorsed and any prior action be rescinded: "THAT permission for an encroachment be granted on a year-to-year basis for as long as the land in question is not required for Municipal purposes or public use; should the latter occurrence take place, a six-month period of notice shall be given." Respectfully submitted, Ivan M. Hobbs, Chairman Council Minutes Resolution #C-80-12CY1 o �1 October 6 1980 Moved by Councillor Hobbs, seconded by Councillor Cov4mLn Davis THAT Item 10 of the foregoing report be approved. Subdivision "CARRIED" Resolution #C-80-1265 Moved by Councillor Hobbs, seconded by Councillor Prout Public THAT the Chairman's report of the Public Works Committee Works meeting held September 30 1980 be approved. Committee "CARRIEn" Resolution #C--80-1266 Moved by Councillor Cowman, seconded by Councillor Clarke Bowmanville ZHA,T the Town Clerk's report of Public Meetings regarding the Urban Bowmanville Urban Area Plan be approved. Area Plan "CARRIED" Resolution #C-80-1267 Moved by Councillor Hobbs, seconded by Councillor Prout Parking THAT the By-Law Enforcement Officer's report regarding parking on King on King Street East be received for information. Street East "CARRIED" Resolution #C-80-1268 Moved by Councillor Cowman, seconded by Councillor Clarke Zoning IIIAT the Town Clerk's report regarding application for amendment by-law to zoning by-laws be received. amendment' "CARRIED" Resolution #C-80-1269 Moved by Councillor Hobbs, seconded by Councillor Prout Storm THAT the Director of Public Works report regarding Storm Water Water Management Study Report be approved. Mcuragunent Study "CARRIED AS AMENDED Council Minutes -7- September 8 1980 Resolution #C-80-1142 Moved by Councillor Hobbs, seconded by Councillor Prout Parking - THAT Council concur with Item 5 of the foregoing report. King Street Resolution #C-80-1143 Moved by Councillor Hobbs, seconded by Councillor Barr MAT the foregoing item be tabled and referred to the meeting after next of the Finance and Administration Committee and that there be a full discussion of parking matters at that time and also that any interested parties be invited to attend the meeting. "CARRIED" WD I 0 _ g o resolution #C-80-1144 Nk)ved by Councillor Hobbs, seconded by Councillor Holliday Policy for 71IAT Item 8 of the foregoing report be approved. Lncroaclvnent Resolution #C-80-1145 Moved by Councillor Barr, seconded by Councillor Holliday rlllKr all the words after the first paragraph of Item 8 be deleted and that the previous procedure on the basis of permission subject to six months notice be adopted as policy and the Director of Public Works report back with regard to said procedure. "MOTION LOST" On being put to a vote Resolution #C-80-1144 was carried. Resolution #C-80-1146 Moved by Councillor Hobbs, seconded by Councillor Prout Encroachinent THAT Item 9 of the foregoing report be adopted. Irons Estate "CARRIED" Councillor Holliday declared a possible conflict of interest and took no part in discussion or voting in this matter. (C-Q41 �>o r t /1 l 6. M.T.C.T Project 110-72-01 - Reconstruction of High Reway ll2 It was recommended to Council that relative to M.T.C. Project 110-72-01, Reconstruction of Highway #2 from Oshawa TownlLne to Regional Road 57 that C �o tj � tl (1) provision for sidewalks only be provided by the Ministry in accordance with their letter of August 1, 1980. (2) sidewalks be considered in conjunction with future development and when deemed to be financially feasible. (3) the Ministry of Transportation and Communications be so advised. 7. Closure - Victoria Street West of Main--- Orono - (Lower It was recommended to Council that Mr, and Mrs. Lowery be advised of Town Policy regarding the closure and conveyance of road allowances and, further that upon the concurrence of the applicant, and all other abutting owners,then that portion of Victoria Street, west of Main Street, in Orono, be closed and conveyed in accordance with the Policy. 8. Policy for Encroachment It was recommended Lo Council that the following be the Town's Policy for Encroachments (1) That each individual) written request for permission to encroach be accompanied by a Reference Plan, and shall be presented to the Public Works Committee for consideration, together with a report and reconunendatic (2) That, upon Committee and Council's adoption of a recommendation to permit an encroachment, this be for the life of the building and that the appropriate by-law be passed. (3) That, if a requested encroachment is geographically located within an area which is included in the Five-Year Forecast for road improvements, then , this be considered, in accordance with Items 1 and 2 of the Policy, and that such encroachment be granted for a maximum period of five years, with a renewal clause incorporated into the by-law for review at the appropriate time. (4) That all costs associated with Items 1, 2 and 3, of the foregoing' be borne by the applicant. subject to comments of the Town's legal advisor. 9. Encroachment - Irons Estate It was recommended to Council that permission for the encroachment of certain buildings comprising the Irons Estate, as defined on Plan IOR-1056 be granted, in accordance with the recommendation in Report WI}-101-80, and further that the appropriate by-law be passed. 1 ''C'M OF NEI'CASTI E lb: 1LzyOZ Garnet B. Rickard A. C. GU i.ler, Town I1Manager K. Ikgroot, Treasurer D. Smith, Director of Pl�ulrling J• DLLWiam, Director of Public"Works T. A. Fanning, Director of Cannunity Services G Gray, Cannittee Secretary J. Ihynuul, Area Fire Chi.el, 11. G. Wight, Director of Wilding Control L. Sinlpson, By-Law Enforcement Officer Fran: J: 11I. AMcllroy, A.M.C.T. Zbwll Cleric Date: A y 7 1980 For your i.nfoi nation and necessary actioll, this is to advise yoLl that the reports sul-wi.ttod to Council on ALay 5 1980 were adopted Gvith the aollolvillg vnenchents: Public Works Canllittee I tCU 4.1 Libled (ResolllLion #C--80-6(33) . (9-pkCACf)eN hf E..K t C'o t-1 t Y 7 mi 15 ncloptecl, t:;.l.ki.n into account the Clef k'S zc'Ixll't: that the lli 1�� l.ol uC PIII�.L.i.c Wm'k-5 aIICI C0 11SL1lti.n,; M;ng.i.ncx l.' hacl .i.ndicatcd tlx:y 111'1'e i.11 (ir.1'eCYlleilt 1vzLh Lhe reCallllelldat1011. I'L(;l_;ul.el l cix>l. l 1"c 13y-I K1w 80--x.15 :lclopted. Mayor a.11c:1 staff to prepare a press z•(-,.lease to explain C()wleil 'S 1'c lsons .for. resci.ndi.11g By-Law 77-22 which gra.ntcc.l $100 ta-; al.loalancc to certain elderly residents. RE r% r- 1 11 ED MAY 7 1980 W0 E 11\'" f) 'T. TOWN r,f, NLPORT #3 Mayor Rickard and Members of CU(lnc.11 :- The following is a report of the meeting of the Public Works Committee held on Tuesday ,April 29, 1980: 1. Tyrone Improvements It was recommended to Council that Report 73-80 of the Commissioner of Works of the Region of Durham relative to improvements in the Hamlet of received for information. Tyrone be 2. Traffic SiLlilals, King and Simpson 23 It was recommended to Council that the Ministry of Transportation and Communications be advised that the Municipality :,),roes thrl t Cho Ministry reserves the ri);ht to check and adjust the signals periodically, for timing ensure an orderly and unhampered flow of traffic and bfurther, that� the Town to Newcastle will maintain such other traffic colttro.l.s Town ns of as may, in the opinion of the Ministry, be necessary(toPensure�therefficientnoperation of the traffic signals. 3. Street reet L ,hts - Ashton Subdivision Sol..ina ---------- It was recommended to Council that the by-Jaw relative to street lights in the Ashton Subdivision, SOl.ina, be approved. (See By-law 80-56) 4 W-b.93.tpPoli for I:nc.roactlme11t8 TgpSL9> gy _eo _G6 3 , It was recommended to Council that whereas concerns have been expressed relative to encroachments on highways under the jurisdicition of the 'Town of Newcastle it is deemed necessary that the following Policy be established : 1. Written requests for acknowledgement of encroachments shall be considered by a Committee or COUnC].l., in accordance with Section 354, Subsection 93, of The Municipal Act. 2. After consideration, Council may establish an annual fee, such as may be reasonable for an owner or occupant to pay for the privilege of encroachment on municipal property. 3. Upon payment of the first annual fee, Council may pass the appropriate by-law in respect of the encroachment and this shall remain in effect until the Town of Newcastle or the Property owner or occupant has requested a repeal of, or amendment to, the by-law such notice or request shall be given at least 60 days (sixty) prior to any year's end .