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HomeMy WebLinkAboutWD-67-86TOWN OF NEWCASTLE REPORT File # Res. # By -Law # MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: SEPTEMBER 2, 1986 REPORT #: WD -67 -86 FILJE #: SUBJECT: MAINTENANCE OF THE EAST -WEST SECTION OF WEST BEACH ROAD AT THE LAKE RECOMMENDATIONS: It is respectfully recommended: 1. That this report be received; and, 2. That staff be authorized to prepare a road assumption survey; and, 3. That the Public Works Department be authorized to affect minor repairs and to maintain the section of West Beach Road in question in the interim until the formal assumption is completed; and, 4. That the land owners of the "private portion" of West Beach Road be requested to submit their comments on the Town's intention to formally recognize West Beach Road as a Town -owned road and, as such, to recognize its obligation to maintain same. ....2 Page 2 Report No. WD -67 -86 Due to continuous complaints being received from residents on the "private portion" of the West Beach Road with regard to the repair of potholes and subsequent to Resolution # GPA- 580 -86 which requested the installation of a "private road" sign, staff contacted the firm of Sims Brady & McInerney for a legal opinion as to whether or not the Town had any obligation to carry out maintenance activities on this portion of West Beach Road (see attached letter from Sims Brady & McInerney and their response). It is noted that the minor maintenance activities carried out on this road were reportedly initiated to protect the Town's equipment (garbage packer) from damage due to potholes and snow and have been performed for many years. The lawyer's response would indicate that West Beach Road could be proven to already be the Town's and that it is advisable for the Town to proceed with formalizing the arrangements "by laying out the road on a proper survey and by formally assuming it by by -law ". It is, therefore, recommended that the Town acknowledge its obligation to proceed toward formal assumption. R pectf lly ubmitted, Gordon J. Ough, Eng., Director of Pu c Works. GJO:jco Resolution #GPA-580-86 Moved by Councillor McKni(, THAT a sign "Private Road on the south part of West jht, seconded by Council] - Proceed With Caution" Beach Road, just north "CARRIED" 5 a. CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT GORDON J. OUGH, P.ENG., DIRECTOR TEL. (418) 283.2231 HAMPTON, ONTARIO 987•509 LOB 1JO August 1, 1986. Sims, Brady, McInerney, 117 King Street, Box 358, Whitby, Ontario. LIN 4Z1 Dear Sir: RE: WEST BEACH ROAD It has been brought to my attention that West Beach Road, in Bowmanville, is a private road. (see attached map for location) The residents on West Beach Road are in the garbage collection area and as such are taxed for garbage collection services. It has been the habit of the Town to do minimal grading and snow removal on West order our garbage damage packers from 9 e due Some questions thatf lows mind which I would like your comments on are as 1. Does the Town have any right or any obligation to venture onto private property (private road) to collect garbage? 2. If the Town refuses to venture down a private road, due to its poor physical for be collecting taxes services not provided)? property 3. If our equipment were to cauie aa9 or be involved in a mishap, keaehicujv araccien, or should our equipment hurt someone would our liability insurance be valid? -e of action for the Town to take 4. What would be the best cours to get on firm legal g round ? Please provide us with your coments required please practical. If there is any fu contact the undersigned or Mr. David Gray at 263 -2231. Yours truly, Go on J. ugh, P. Eng., Director of Public Works. r-In - kd S' s Brady & McInerney BARRISTERS & SOLICITORS August 13, 1986 Mr. Gordon J. Ough, P. Eng., Director of Public Works, Corporation of the Town of Newcastle, Municipal Building, Hampton, Ontario. LOB 1J0 Dear Mr. Ough: Re: West Beach Road D. J. D. Sims, Q.c. Thank you for your letter of August lst, 1986. Although the West Beach Road is a private road, it may be deemed to have been assumed by the Municipality by virtue of the grading and snow removal. The purpose for doing the work makes little difference, the important fact is that the work has been done. The question of the assumption of the road becomes important should an accident occur on the road and a claim is made for non repair of the highway. Also, the question may arise from the abutting property owners who seek improved road maintenance. Once a private roadway has been assumed the obligations of the Municipality cannot be abandoned except by way of normal road closing. I will attempt to answer your questions in the same order in which you raised them: 1. If the Municipality has a garbage collection by -law and collects taxes for such service, the Municipality has an obligation to provide the service. In so far as the right to venture onto the private road is concerned, I suggest that my previous comments are applicable and that the private road has now been assumed by the Municipality and therefore, the Municipality has the right to travel the road. J. F. Brady R. D. Scott 2. If the Town does not provide the garbage collection services then it is not entitled to recover taxes provided such taxes are specifically ear marked for garbage collection. 3. If your equipment is involved in an accident, the Municipality will be held liable if negligence can be established. The question of whether or not the road is a private road is irrelevant. 4. Since it is likely that the Town has assumed the road by virtue of providing grading and snow removal services, it might be desirable to formalize this by laying out the road on a proper survey and formally assuming it by by -law. Of course, this will impose financial obligations for which I am unable to comment. Should you have any questions I would be pleased to discuss this matter with you at your convenience. YoArsl,,#ruly, David J. D. Sims DJDS:mrs