Cobourg approves $400,000 Lien on Victoria Hall

Lien on Victoria Hall

In the face $100,00 mechanics’ lien on Victoria Hall, Cobourg councillors on Monday night voted 7 to 1 to take the necessary steps to provide the $400,000 requested for the restoration work.

The lien was put on Cobourg's town Hall a week ago by one of the prime contractors, Dickie Construction Company. It applies to the entire block on which Victoria Hall stands.

The motion to “seek approval" for the $400,000 request from the restoration society was made on Monday night by Mac Lees. Asked by a fellow councillor whether the motion should state "seek approval from the Ontario Municipal Board," Mr. Lees replied "No just seeking approval."

Ed Haynes pointed out that the council had no authority to grant the $400,000 but could only for approval from the OMB or through a plebicite.

Mr. Lees said the federal and provincial govern-- ments were waiting some indication of support from Cobourg council before they matched the $400,000 grant. He said council had to-make some decision on the issue so that the restoration work would not be "left dangling."

The only opposition to the motion came from Jim Tracey who felt the wor- ding should specifically state that a plebicite would be called on the issue.

"We can’t give $400,000 without consulting the people," he said. "I am not against Victoria Hall or the $400,000 but we can't commit ourselves without asking the public." Mr. Tracey said the council should consider the town's economic situation - there was more unemployment this year, he added.

Acting Mayor Ed Haynes said the motion was only an indication to the public that the town intended to follow the procedure either through plebiscite or OMB ap- plication to provide the money. But Mr. Tracey said he still could not vote for the motion the way it was worded.

The mechanics lien sparked an angry outburst from councillor Dave Purvis. He said the lien on town property was "ap- palling" as be thought the town had an understanding with the contractor. He objected to the "un- businesslike" operation of the restoration society and said the method of restoring the building on a cost and material basis instead of tendering was "ludicrous."

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“I am not disparaging the society or the restoration work though they have been disparaging and name-calling us,” he said. “I am disagreeing with the un-businesslike manner in which the project has been carried out to date.”

But Mr. Purvis said the town could not afford to have the multi-million dollar project sitting for another year and he would approve the inclusion of the $400,000 in the council’s five year plan

“We are elected to make these decisions,” He said “I feel that if we indicate we are willing to provide the $400,000 we will get these funds. We as a municipality have to take a stand and get the project started again.”

He said he knew of many people who planned to contribute money to the restoration as long as they knew it was certain to go ahead.

Harry MacDonald agreed with Mr. Purvis opposition to the cost and material method of restoration but he said he was “struggling whether to vote yes or no to the motion.”

“Tendering and getting a contract is the only real and true business way of getting the job done,” he said. “It would give everyone an idea how much it’s going to cost.” He said he had great reservations about giving approval in principle to the $400,000 knowing the problems that existed. He felt the issue should be “rethought”. “We intended to go through with this project but more discussion has to go into it,” he said.

Mr. Lees pointed out that the society could not tender for a large part of the restoration work as the first stage is taking things apart. Only then could they see what work was required. Now that the building is structurally sound some of the jobs could be tendered. The matter was urgent as the five year plan had to be submitted this month.

“Either we say we are serious about this or we forget it,” he said.

“I think we will go ahead with it,” Mr. MacDonald replied “but we must make it clear that our approval in principle tonight means we must have all the checks and balances.”

Deputy reeve Lenah Fisher said there had not been any projects started recently which had not escalated. The new firehall had cost nearly two and a half times what was initially budgeted. Mr. Purvis added that the $400,000 may not even be needed once the pledges started coming in. He said the motion was just an indication that the town would be prepared to contribute up to $400,000 subject to approval.

The mechanics' lien

Mechanic’s Lien Act, R.S.O. 1970 ___and amendments thereto.

DICKIE CONSTRUCTION COMPANY LIMITED, a corporation incor- porated under the laws of the province of Ontario and having its head office at 17 Yorkville avenue in the City of Toronto, in the Municipality of Metropolitan Toronto, under the Mechanics’ Lien Act, claims a lien upon the estate of The CORPORATION OF THE TOWN OF COBOCRG and THE SOCIETY FOR THE RESTORATION OF VICTORIA HALL, in the undermentioned land in respect of the following work and materials, that is to say:

For supplying all material and labour for the restoration of the building known as Victoria Hall situated on the said lands, which labour and material was furnished on or before January 31st 1975.

The amount claimed as due or to become due is the sum of $100,000.00 and $500.00 for this lien. The following is a description of the land to be charged:

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Cobourg in the County of Northumberland and being composed of part of Lot 17 Concessions A and B, and more particularly described as follows:

THOSE parts of Lots 5, 6, 7 and 9, Block 3 between Second and Third Streets in the said town, commencing at the south – east corner of King Street and Third Street (as widened) THENCE NORTH 82 degrees 3 minutes 50 seconds eat, 159.96 feet to the south-west corner of King Street and Second Street (as widened) THENCE SOUTH 13 degrees 31 minutes 10 seconds west, 165.44 feet to the north-east corner of Queen Street and Third Street (as widened) Thence North 12 degrees 34 minutes 40 seconds west, 329.25 feet to the place of beginning.

The said parcel of land having an area of 1.223 acres and being further designated as Part 2 on Plan of Survey made by K.F. Lashley, O.L.S. dated February 25th 1971 and revised December 9th 1971 and attached hereto.

Dated at Toronto this 7th day of March, 1975