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Home My WebLink AboutADMIN 45-837. v. t 7rg) CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD JULY 4 1983 ADMIN. 45 - 83 SUBJECT: CLOSURE AND CONVEYANCE OF ROAD ALLOWANCE LOTS 26 AND 27, CONCESSION 9 (CLARKE) PLAN 1OR-1097, MRS. R. BEAUCAGE RECOMMENDATIONS: 1. That this report be received; and 2. That Council consider the request to close and convey the road allowance between Lots 26 and 27, Concession 9 Clarke and give direction to staff. BACKGROUND AND COMMENT: On July 19th 1982 Council passed Resolution #C-597-82 in respect of the above. The resolution was passed in response to Admin. Report No. 82 - 57. (Copy of resolution and report attached). A copy of correspondence from D.J. D. Sims in respect of this matter is attached in response to the question raised in Resolution #C-597-82. No report has been submitted to the General Purpose and Administration as a result of Resolution #C-597-82. The matter has been outstanding since July 1982. Relative correspondence is also attached. Respectfully submitted, DNS:nof D. N. Smith, M.C.I.P., Administrator G-e0,- Ge9 8s3 GPA- (Oio G?P�- (,It -83 Mayor Garnet B. Rickard and Members of Council Smith, M.C.I.P., Administrator March 24 1983 Resolution GPA #288-83 Beaucage Road Closing - 35/115 Pedestrian Tunnel 5 Further to the above resolution, please find attached related information from my file on this matter, for your consideration. DNS:nof January 1 1983 !` Attached: s Attached for y r information is s copy of my reply to Mr. Meighen's 1 tter of January 12 1983, a co, ,or which was forwarded t you. Mr. Meighen is he pas president of the Prog ss verConservative Party of Canada 6 f' DTJ no a t } a F t g 0 IS g 6 r f eJ}k i �i. t r January 18 19'83 Mr.'Michael; A. ighen' McMaster & 14dig P. 0. Box M 52nd Floor 1. First Cart6diaq Place ,;Toronto, Ontairi( M5X 146 :vDear Sir.- Re: Town of N,ewcastle Poad Closure, 11 Lots 26 and 27, Concession 9. Mrs. A. Beaucage I have your letter of genuary 12 19t,3 reqardir� the a5ove, thank you very Ch. I regret the delays you have experienced in te#irt this matter to a conclusion. Some time ago, Town Council re I '16rreid the matter of your client's road closing to Mayor Pickard forl, as you knew, discussion ,,fith the To4r.'s solicitor. I regret that it was oily until vent recently'that I received a copy of the s6licftoPs reply to the Mayor. I have,reminded the,Mayor of this outstandin4 iAter'a's recently as last week and wll remind him again. I would appreci;te it if you could address fait re i co'respondence ir directly to Mar.r Rickard. Thank you. Yours very t W A ni DNS:nof 7. N. Smith, I cc: Mayor G. B. Administr Rickard AI"L; N j V MICHAEL A. MEIGHEN R. B. MATTHEWS S. J. HARRINGTON MARILYN E. BARTLETT MCMASTER Sc MEIGHEN BARRISTERS & SOLICITORS PETER E. LOCKIE J. D. STIRLING W A. SAIBIL ALAN WHITELEY COUNSEL FRANK G. FELKAI D.N. Smith, M_C.I.P., Administrator, Corporation of the Town of Newcastle, 40 Temperence Street, BOWMANVILLE, Ontario L1C 3A6 Dear Mr. Smith: P. 0 DOX 191 52" D FLOOR I FIRST CANADIAN PLACE TORONTO, CANADA MSK IA6 TELEPHONE 14161 364-I911 TELECOPIER i4161 364-1589 TELE>: 06-22216 CABLE STIRLAW. TORONTO January 12, 1983 RE Town of Newcastle - Road Closure, Lots 26 & 27, Concession 9 Mrs. R. Beaucage I am writing in connection with my letters of August loth, 1982 addressed to Mayor Garnet Rickard and to your reply of October 1st, 1982. At that time, you indicated that the relevant material had been forwarded to the Town solicitors for review pursuant to the resolution of Council. Since that time, we have heard nothing further from you. In view of the fact that, as you know, Council had long since agreed to convey the road and that the value thereof had been mutually established at $4,935.00, we are at a loss to understand the reasons for the continuing delay. Indeed, Mrs. Beaucage would not have incurred very considerable expenses in improving her property were it not for the fact that agreement had been reached with the Town. Would you therefore be good enough to advise me as to when you think we might reasonably expect this matter to be completed. In the event that you require further information, please do not hesitate to get in touch with me. In addition, should Council wish to meet with Mrs. Beaucage and myself, we stand ready to do so at a time of your convenience. I . --7 ' f- page two Road Closure, Lots 26 & 27, Concession 9 - Mrs. R. Beaucage MCMnsrFR & MEIGHF.N We are most anxious to finalize the conveyance of this road allowance and look forward to hearing from you shortly. Yours sincerely, Michael A. Meighen CC: Mayor Garnet Rickard TO: FROM: DATE: SUBJECT: TOWN OF NE14CPSTLE MEMORANDUM Mayor Garnet B. Rickard D. N. Smith, M.C.I.P., Administrator January 10 1983 Attached Request I have received the attached request from the Ministry of Natural Resources and have forwarded the attached letter to them. In view of Council's resolution on the Beaucage road closing, I believe it would be appropriate to address the Ministry's request through your report to Council. The Beaucage road closing and the Ministry's requests are of course related. DNS f att cc: eaucage Road closing file a Imatul GI Resources �C Ontario / Your file: January 4, 1983 Our file: 8-8-5-2 Mr. D.N. Smith Administrator Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Smith, SUBJECT: Hwy.35/115 Recreational Underpass Plans are underway for the construction of the recreational underpass at Enterprise Hill on Highway 35/115 pending a resolution from the Town Council of Newcastle, guaranteeing access to the proposed underpass on the west side of the highway. The previous Council motioned to reserve their decision on July 19, 1982 until staff had reviewed the situation. Would you please advise us on the status of such a resolution so that we may finalize the planning stage of this project. Mr. George Scott, District Parks and Recreation Supervisor, can be contacted at this office. Yours tru1 , r st'iG Manager, Lindsay District 322 Kent Street West Lindsay, Ontario K9V 4T7 1-705-324-6121 TSmith/lv c.c. Mr. Cliff Lumley, Sr. Project Manager, MTC. Regional Director, Central Region .I., -:.a .. 2 7 '' Aa JAM 7 - i982 ly A "4' 'X' : ZA I O:c'S OFFICE COR': ' R2ATION OF THE TOWN OF NEW...STLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LIC IA6 January 10 1983 Ministry of Natural Resources Mr. C. R. Gray District Manager, Lindsay District 322 Kent Street West Lindsay, Ontario K9V 41`7 Dear Mr. Gray: Re: Highway 35J115 Recreational Underpass I have received your letter of January 4 1983 in respect of the above and have forwarded same to Mayor G. B. Rickard for his consideration in the light of Newcastle Council's current position on the underpass and a related road closing matter. I have enclosed copies of the relevant Council resolution and staff report. Yours very truly, DNS: D. N. Smith, M.C.I.P., att. Administrator cc: G. B. Pickard zc� TELEPHONE 623-3379 COR,".RATION OF THE TOWN OF NEV"'ASTLE 40 TEMPERANCE STREET BOWMAN':ILLE, ONTARIO L 1 C 3A6 REPORT TO COUNCIL MEETING OF JULY 19, 1982 ADMIN. NO: 82 - 57 SUBJECT: CLOSURE AND CONVEYANCE OF ROAD ALLOWANCE LOTS 26 AND 27, CONCESSION 9 (CLARKE) PLAN 1OR-1097, MRS. R. BEAUCAGE RECOMMENDATIONS: BACKGROUND: '! L TELEPHONE 6Z3.3379 l 1. That this report be received; and 2. That Council consider the request to close and convey the road allowance etween Lots 26 and 21', Concession 9 Clarke and give direction to staff. , As Members of Council are aware, the request by Mrs. R. Beaucage has been an outstanding matter for a lengthy period of time; initial correspondence on file dates back to December of 1979. Without going into detail, the request to close the road allowance between Lots 24 and 25, Concession 9 has been delayed pending the outcome of discussions with the "Long Sault Ridgerunners" Snowmobile Club about the use of the road allowance as part of a "snowmobile trail" system and about the appraisal value of the road allowance. Cont'd Page 2...... ADMIN. NO: 82 - 57 !".•� Page 2 COMMENTS: In respect of the appraisal value of the road allowa,,ce, the Administrator through discussions with the solicitors fer Mrs. R. Beaucage have arranged for a third appraisal, performed on the basis that the result would be recommended to Town Council for acceptance, the applicant having paid the cost of the appraisal, the choice of appraisers having been mutually decided. If Council decides to close and convey the road allowance; it is recommended that value of the road allowance be established in accordance with the appraisal performed by Mr. D. Bullied (copy of appraisal attached). A resolution establishing the value will be required. In respect of the snowmobile route, staff met with representatives of the 'Lon g Sault Ridgerunners Snowmobile Club", Ministry of Natural Resources and Transportation and Communications staff', and with Mrs. R. Beaucage and her lawyer ( as proposed in staff report Admin. No: 82 - 41). As a result of that meeting the attached letter was forwarded to all property owners along a possible alternative snowmobile route. As of July 12, 1982 the attached letters or messages of objection and concern were received. Ocher possible snowmobile routes were discussed at the meeting and dismissed for various reasons. The point was made again by the staff of both Ministries, that they wished to be assured that a trail system would be protected by the Town of Newcastle; ie: more specifically that accessto the jointly funded underpass on Highways N35/N115 would be maintained. A resolution advisinq the Ministries of the Town's decision would be appropriate, as would an indication that access to the underpass will be Staff bring p maintained. this re ort forward for the consideration Of Council, Respec ull submitted, DNS/hl D. . Smith, M.C.I.P. July 12, 1982 Administrator Fncl: Mr. D. Bullied - Appraisal Letter - Property Owners r Council' Minutes QY - 7 - July 19th 1982 ;. Road Allowance As 26 & 27, Conc (Clarke) Delegations - Meehan & Hoar THAT the Chief Administrative Officer and the Public Works Director prepare the general job description to be presented to Council for approval prior to advertising for the position; THAT the Department of Public Works prepare specific job descriptions for each position detailed in Schedule "A" to be presented to Council for approval prior to the appointment. Resolution p C-596-82 Moved by Councillor Woodyard, seconded by Councillor Hamre THAT Report Admin 82-57, Closure and Conveyance of Road 9 Allowance Lots 26 and 27, Concession 9, (Clarke) Plan IOR-1097 (Mrs. R. 3eaucage) be received and Council consider the report. "CARRIED" Resolution N C-597-82 Moved by Councillor Cowman, seconded by Councillor Taylor THAT the delegations of Mr. Meehan and Mr. T. Hoar be acknowledged and Report Admin 82-57 be referred to the Mayor to confer with Town Staff and the Solicitor on the legal implications and report back to the Committee with �a recommendation. Recorded Vote: Councillor Cowman - yea Councillor Prout - nay Councillor Hamre - yea Coun� ]lor Taylor - yea Councillor Hubbard - nay Councillor Woodyard - yea Mayor Rickard - yea "CARRIED" Resolution N C-598-82 Moved by Councillor Hubbard, seconded by Councillor Hamre THAT Confidential Report N 3 be referred to the end of the Agenda to be dealt with "in camera". "CARRIED" Unfinished Business Resolution # C-599-82 Moved by Councillor Hubbard, seconded by Councillor'Taylor 7p� Sims Brady & McInerney BARRISTERS & SOLICITORS F I D SIMS. Q.C. I F. BRADY January 4, 1983 Mr. D. Smith, M.C.I.P., Town Clerk, Corporation of the Town of Newcastle, 40 Tenperance Street, Bowmanville, Ontario. L1C 3A6 Dear Mr. Smith: Re: Council Resolution #C-597-82 Road Closure Tot 26 and 27 Concession 9 (former Clerks) R. Beaucage, Plan IOR-1097 I enclose herewith a copy of a letter in connection with the above noted matter which was forwarded to Mayor Rickard on October 22, 1982. Y s y, David J. D.Sims u� i JAN"! -1982 BY ADM;NSTRATOWS OFFICE „- vIN)$ cTaI T r W MTRY FNT %.PTO I IN 171 ROX tax T F I FPFUIVF669--'N October 22, 1982 Mayor G. Rickard, Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. L1C 3A6 Dear Mayor Rickard: Re: Council Resolution #C-597-82 Road Closure Lot 26 and 27 Concession 9 (former Clarke) R. Beaucage, Plan 1OR-1097 I have reviewed the letter from Mr. Smith dated October 1st, 1982 together with the enclosed material. I understand that the concern is whether or not the Town is obliged in law to proceed with the closing of the road allowance -in question and its con- veyance by virtue of the resolution of the Works Comm- ittee No. W-6-80 which was subsequently confirmed by Council. I am of the opinion that this is open to Council to rescind the prior resolution and, if it does so, it will be under no legal liability to the abutting property owner, namely, Mrs. Beaucage. In my view, the extent of the liability to re-imburse Mrs. Beaucage would be a moral obligation. The resolution of the Works Committee as adopted by Council is merely an expression of intent- ion and until the by-law is in fact passed it is open to Council to reconsider its position and to rescind the previous resolution. ,.� V - 2 - I hope that the foregoing is of assis- tance to you but should you have any quest do not hesitate to contact me. ions please Yours truly, David J. D. Sims DJDS:mrs