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HomeMy WebLinkAboutWD-63-84CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON, ONTARIO TEL. (416) 263.2231 LOB 1JO 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 18, 1984 REPORT NO.: WD -63 -84 SUBJECT: REPORT ON CORRESPONDENCE FROM THE LAW FIRM OF JONES & JONES SUBMITTING COSTS RE MR. MARK HANCOCK, LOT 35, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2. That a copy of this report be forwarded to the law firm of Jones & Jones and the City of Oshawa. REPORT: The attached correspondence from the law firm of Jones & Jones raises two matters which should be considered by Council: 1. The condition of the Townline road allowance in Concession 6 of the former Township of Darlington and the associated need for repairs. 2. An account in the amount of $75.00 for lost time and wages as a result of Mr. Hancock being "stuck" on the Townline road allowance. ....2 Page 2 REPORT NO. WD -63 -84 With respect to the first issue, the status of the Townline road allowance has been a matter of discussion for some time. Numerous discussions with Mr. Hancock, his lawyer and the City of Oshawa have taken place. Notwithstanding such discussions, the "Boundary Road Agreement" between the Town and City of Oshawa, Paragraph 4.0, states: "Nothing in this agreement shall oblige either the City or the Town to open for public travel, maintain or repair any portion of the boundary road allowance that is designated as "unopened" or that is not maintained by either Party, as illustrated on the plan attached as Schedule "B "." Schedule "B" includes the section of the Townline road allowance in question. Therefore, unless some accord is reached between the Town and City, no work will be performed on the Townline road allowance. With respect to the account for $75.00 being submitted, it must be pointed out that both Mr. Hancock and his lawyer are well aware of the status of the Townline road allowance, as discussed above, and that Mr. Hancock did, on his own volition, choose to use the road allowance despite a sign at the northern entrance to it which states that it is unmaintained and not open to traffic. The Town is, therefore, not responsible for Mr. Hancock's actions or any costs incurred by him in taking such actions. ....3 Page 3 REPORT NO. WD -63 -84 In considering this matter, Council may be interested in how the road allowance in question relates to the Town's policy for unimproved roads. Having reviewed the road allowance, it is apparent that at some time in the past the road was maintained either by the former Township of Darlington or the former Township of Whitby. Thus, Town policy would recognize this road as unimproved and would permit minimal maintenance in accordance with the quality standard for unimproved roads. However, it is felt that the terms of the Boundary Road Agreement supercedes the Town's normal policy. Respectfully submitted, R.G. Dupuis, P. Eng., Director of Public Works. RGD:jco June 13, 1984. ,*ze-sl N mo- May 24, 1984 Mayor and Council of the Corporation of the` Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Dear Sirs: Communications Direction Ralph S, Jones Donald S. Jones Re: Mark Hancock re: property at Lot 35, Conc. 6, Darlington /el D -7 RECEIVED MAY 3 p 1984 Our client, Mark Hancock, owns the north 70 acres of Lot 35 in the sixth concession of Darlington. His only access to the southerly portion of this land is along the Townline Road, which at this time is presumably an unopened road allowance, although certain improvements have been made to this road in years past. In any event, last week, our client was attempting to take farming implements to this field in order to put the crop in and became mired in a mud hole in the road allowance. Lost time and wages amounted to some $75.00. Since, at the present time, he appears unable to get any assistance from your Council to fix up this road, we are submitting his account in the amount of $75.00, one -half of which we feel should be paid by the Town of Newcastle. We will be submitting a similar account to the City of Oshawa. Yours truly, JONES & JONES, Per: RALE S. JO ES 130 King Street East, Oshawa, Ontario LIH IB6 Telephone (416) 571.1774 C C�.;����(� `GLs',CJLFt�• �/ �/- LGCIJ- C.L'te