HomeMy WebLinkAboutWD-3-91 TOWN OF NEWCASTLE
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REPORT File #
Res. #
By-Law #
(STING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 7, 1991
REPORT #: WD-3-91 AMENDED FILE #: C. 03. 12 . 001
SUBJECT: LAIDLAW WASTE SYSTEMS (DURHAM) LTD.
REQUEST TO CLOSE THE UNOPENED ROAD ALLOWANCE
BETWEEN CONCESSIONS 2 AND 3, LOT 11
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-3-91 be received;
2 . THAT the request by Laidlaw to close and convey the unopened road
allowance between Concessions 2 and 3 in Lot 11, former Clarke
Township, be denied; and
3 . THAT Laidlaw Waste Systems (Durham) Ltd. be advised of Council 's
decision.
------------------------------------------------
REPORT
1.0 ATTACHMENTS
No. l: Key Map
No. 2 : Correspondence dated November 12, 1990, from Fogler,
Rubinoff, Barristers & Solicitors .
. . .2
REPORT NO. : WD-3-91 AMENDED PAGE 2
2.0 BACKGROUND
2 . 1 Laidlaw Waste Systems (Durham) Ltd. , has made a "preliminary"
application for road closure of the unopened road allowance between
Concessions 2 and 3 in Lot 11, former Township of Clarke
(Attachment No.2) .
3.0 REVIEW AND COMMENT
3 . 1 The Town's Policy for Road Closure, Section 4 . 01, states that "The
Director of Public Works will make a preliminary determination of
whether the road allowance in question is likely to be required for
public highway purposes, etc. " . Section 5 .02 (a) states that, "The
Director shall retain the option to recommend against the closure,
or closure and conveyance, of a Municipal right-of-way in the event
that, a) it can be demonstrated that the disposal of the lands
would be detrimental to the Municipality, to area residents, to
other agencies, or to the public at large" .
3 .2 The unopened road allowance, Concession Road 3 in Lot 11, former
Clarke, divides the lands that Laidlaw wishes to develop as a
landfill site (Attachment No. l) . Until such time as Council has
dealt with the application by Laidlaw for an expansion to their
landfill site, it would be inappropriate to deal with Laidlaw's
application to close and convey this unopened road allowance to
them. It is, therefore, recommended that the request by Laidlaw
to close and convey the unopened road allowance between Concessions
2 and 3 in Lot 11, former Clarke Township, be denied.
Respectfully submitted, Recommended for presentation
to the Committee,
------------------------ ,� 2 - � -----
Walter A. Evans, P.Eng. , Lawrence E. Kotseff,
Director of Public Works Chief Administrative Officer
JCO*WAE*llv
January 8, 1991
Attachments
. . .3
REPORT NO. : WD-3-91 AMENDED PAGE 3
Laidlaw Waste Systems (Durham) Ltd.
Attention: Mike Pullen
3410 South Service Road
Box 5057, Station 'A'
Burlington, Ontario
L7R 3Y8
Laidlaw Waste Systems (Durham) Ltd.
Attention: Jack Marsh
3410 South Service Road
Box 5057, Station 'A'
Burlington, Ontario
L7R 3Y8
I
i
CONC. RD. 4
PROPERTY BOUNDARY
EXISTING
LAIDLAW - - LANDFILL SITE
3-080-042
REGIONAL RECLAIMERS
3-080-040-50
LOT /2 LOT
0
p LAIDLAW
3-080-056
REGIONAL RECLAIMERS a
3-080-040 0
UNOPENED ROAD
CONC. RD. 3 i - ALLOWANCE
I� (REQUESTED TO BE CLOSED)
I II I
i
GLENN & ROY STAPLETON REGIONAL RECLAIMERS
3-010-259 3-010-255
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LOT 12 L OT
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—T I 401
ATTACi- IE-id T Ad
KEY MAP
—D-91 M1DDED
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C. O 3. /-.2. 00/
FOGLER, RUBINOFF NOV 19 1990
BARRISTERS&SOLICITORS
F KIV;SCASYLE
MELVYN P.RUBINOFF.O.C. LLOYD S.D.FOGLER.Q.C. NORMAN MAY.O.C. TO VV N C I.
MICHAEL H.APPLETON.Q.C. JEFFERY S.LYONS,Q.C. SYDNEYWCONN PHILIP H.MERETSKY.Q.C. PLANWRIG m-PARTNIENT
STANLEY S.COHEN RICHARD A.BAIN,Q.C. GARY C.GRfERSON ERNEST ROVET
RAYMOND M.GELGOOT MARTIN L.MIDDLESTADT ARTHUR M.GANS BRIAN A.SCHNURR
NORMAN B.I,IPSON ANTHONY D.LEISEL EDWARD N. LEVITT JACK B.BERKOW
MARTIN R.KAPLAN PAUL L.SCHNIER RICHARD H. SHEKTER JOSEPH S.MANNONE
EFFIE J.TRIANTAFILOPOULOS JEFFREY B.GOLDENBERG EUGENE C.McOURNEY SHARON S.LANDSMAN
ARLENE D.WOLFE MICHAEL 5,WOLFISH GLENN E.COHEN JOEL WIESENFELD
PETER K.GUSELLE IRWIN GREENBLATT DANIEL S GOLD STEPHEN A.BERNOFSKY
STEVEN H. GOLDMAN JAY S.HENNICK STEVEN A.CYGELFARB ALAN M.SLESS
JOHN G TEMESVARY I.WILLIAM BERGER JEFFREY P. SEBER ALDEN M DYCHTENBERG
BONNIE C.FISH LAWRENCE P.HABER HOWARD D.RUBINOFF R.KENNETH S.PEARCE
STEPHEN K.YOUNG PAUL R.BERCOVICI DAPHNE E.M.WAGNER DAVID H GOLDMAN
SANDRA L.McNEELY JENNY L.CHU FELICE C.KIRSH DEBORAH A.McPHADDEN
LAWRENCE O.WILDER JANE P RATCHFORD JOSEPH A.TRIPOD] DIANNE LEMIEUX
R.LEIGH YOUD JOSHUA J.SIEGEL GILBERT J.WEISS RICHARD J.STEINBERG
JAMES L.CARPICK SHARI L.NOVICK ADRIENNE V.CAMPBELL S.DALE DENIS
MARK KARAM PETER J ROBERTS LAWRENCE M.WEINBERG DONALD J.CLARKE
SUSAN J.WOODLCY SUSAN P.GROBERMAN ELIZABETH J.WOLFE TALLAT HUSSAIN
BETH A.DOWNING MELISSA A.MUSKAT
LESLIE G. DOLLINGER 41972 • 19691
November 12, 1990 Our File No. : 89/2600
BY FAX AND ORDINARY MAIL
Mr. Frank Wu
Corporation of the Town
of Newcastle
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
Dear Mr. Wu:
Re: Laidlaw Waste Systems (Durham) Ltd.
As you are aware , we are the solicitors for the above-named
corporation.
In reviewing the portions of land currently owned by Laidlaw, we
note that there is a unopened road allowance which bisects
Laidlaw 's property between Concessions 2 and 3, Lots 11 and 12.
As the road allowance has not been assumed by By-law and because
of its location , it would appear that it is unlikely that the road
allowance would be assumed in the future.
Therefore , please accept this letter as a formal request to the
Town of Newcastle to undertake the necessary steps to stop up and
close that portion of the road allowance in Lot 11 , between
Concessions 2 and 3.
Once the road allowance has been closed , Laidlaw would be most
interested in entering into discussions with the Town of Newcastle
for the purchase of the lands which have been closed .
ATTACHMENT NO , 2
t-1 D-37-91 AMENDED
SUfI f 1400 150 YORK SI PI_I 1 7.()1,'0 NIO CANADA M511 3F1
11-1 I'H(INI f416) 864 14161 5141 88',2 1 OX ROX 49
i
FOGLER, RUB(NOFF
2 -
With respect to the procedure for closing of the road allowance
within the Regional Municipality of Durham, it is our understanding
based on information received from the Town of Newcastle that an -
application may be made to a Judge of the Ontario Court (General,
Division) pursuant to the provisions the Registry Act. We would
be more than pleased to assist legal counsel in the preparation of
documents to be filed on the application:
Should you. require further information, please feel free .to contact
the undersigned. Please keep the undersigned' advised as the
progress of this matter. -
Yours very truly,
FOGLER, RUBINUFF
Dianne Lemieux
cc: .. Mike Pullen = Laidlaw' Waste Systems
cc: Jack Marsh - Laidlaw Waste Systems
cc.'. John McDermott - Mcbermott & Associates
CC: John KOnnedy - Marshall Macklin Monaghan Limited
L--FRANK.DL
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G.P.A. Minutes - 19 - January 7, 1991
PUBLIC WORKS DEPARTMENT
St. Marys Cement Resolution #GPA-36-91
Company - Offer
of 2000 Tons of Moved by Mayor Hubbard, seconded by Councillor Hooper
Stone for
Shoreline Protection THAT Report WD-1-91 be received;
on Cedar Crest Beach
56.2.2 THAT St. Marys Cement Company be thanked for their offer of providing
2000 tons of pit run stone delivered in trucks for placement in front of that
portion of the beach lying between the two properties owned by the Town on
Cedar Crest Beach;
THAT St. Marys Cement Company be advised that the proposal has been
reviewed by the Town and it has been concluded that the placing of the
stone, as suggested, will not solve the erosion problem and will not rectify the
situation;
THAT the Director of Public Works be authorized to meet with the executive
of the Port Darlington Community Association to investigate the feasibility of
the use of the Local Improvement Act as a mechanism to provide a solution
to the erosion problem;
THAT a copy of Report WD-1-91 be forwarded to Mr. Dickson Wood, St.
Marys Cement Company; Mr. William Campbell, Central Lake Ontario
Conservation Authority; Mr. Gordon White, Chairman, Port Darlington
Community Association and the residents of Cedar Crest Beach located
between the two properties owned by the Town on Cedar Crest Beach; and
THAT they be advised of Council's decision.
"CARRIED"
Request to Close Resolution #GPA-37-91
and Convey the
Unopened Road Moved by Councillor Hooper, seconded by Councillor Wotten
Allowance Between
the Former Clarke THAT Report WD-2-91 be referred to the Council meeting scheduled for
and Darlington January 14, 1991.
Townships
77.44.127 "CARRIED"
Laidlaw Waste Resolution #GPA-38-91
Systems (Durham)
Ltd. - Request to Moved by Mayor Hubbard, seconded by Councillor Stapleton
Close Unopened Road
Allowance Between THAT Report WD-3-91 be received;
Concessions 2 & 3
Lot 11 THAT the request by Laidlaw to close and convey the unopened road
77.44.155 allowance between Concession 2 and 3 in Lot 11, former Clarke Township, be
denied;
I
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G.P.A. Minutes - 20 - January 7, 1991
PUBLIC WORKS DEPARTMENT
THAT the legal description and key map of the subject site be appropriately
amended;
THAT a copy of the Town of Newcastle's policy on road closure be forwarded
to Laidlaw Waste Systems (Durham) Ltd.; and
THAT Laidlaw Waste Systems (Durham) Ltd. be advised of Council's
decision.
"CARRIED"
Penwest Subdivision Resolution #GPA-39-91
Phase 2, Plan 1OM-804
Certificate of Moved by Mayor Hubbard, seconded by Councillor Hooper
Acceptance - Initial
Stage Roads and THAT Report WD-4-91 be received; and
Storm Drainage
System THAT the Director of Public Works be authorized to issue a 'Certificate of
77.2.167 Acceptance' for the Initial Stage roads and storm drainage system, constructed
within Plan 10M-804.
"CARRIED"
Cigas Road Extension Resolution #GPA-40-91
Plan IOR-3164
'Certificate of Moved by Councillor Stapleton, seconded by Councillor Hooper
Acceptance' and
'Assumption By-law' THAT Report WD-5-91 be received;
77.2.168
THAT the Director of Public Works be authorized to issue a 'Certificate of
Acceptance' for the roads, storm drainage system, street lights and other
related Works, constructed within Plan 10R-3164; and
THAT Council approve the by-law attached to Report WD-5-91 assuming the
streets within Plan 10R-3164, as public highways.
"CARRIED"
Resolution #GPA-41-91
Moved by Councillor Wotten, seconded by Mayor Hubbard
THAT the Director of Public Works consider a request to put large Stop
signs at the intersection of Enfield Road and the 6th Concession.
"CARRIED"
I
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TOWN OF NEWCASTLE
t�\Y
REPORT File # f !
Res. #
By-Law #
METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 7, 1991
REPORT #: WD-3-91 FILE #: C. 03 . 12 . 001
ACT: LAIDLAW WASTE SYSTEMS (DURHAM) LTD.
REQUEST TO CLOSE ROAD ALLOWANCE
BETWEEN CONCESSIONS 2 AND 3, LOTS 11 AND 12
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-3-91 be received;
2 . THAT the request by Laidlaw to close and convey the road allowance
between Concessions 2 and 3 in Lot 11, former Clarke Township, be
denied; and
3 . THAT Laidlaw Waste Systems (Durham) Ltd. be advised of Council's
decision.
-------------------------------------------------------------------
REPORT
1.0 ATTACHMENTS
No. l: Key Map
No.2 : Correspondence dated November 12, 1990, from Fogler,
Rubinoff, Barristers & Solicitors.
2
REPORT NO. : WD-3-91 PAGE 2
2.0 BACKGROUND
2 . 1 Laidlaw Waste Systems (Durham) Ltd. , has made a "preliminary"
application for road closure of the road allowance between
Concessions 2 and 3 in Lot 11, former Township of Clarke
(Attachment No.2) .
3.0 REVIEW AND COMMENT
3 . 1 The Town's Policy for Road Closure, Section 4 . 01, states that "The
Director of Public Works will make a preliminary determination of
whether the road allowance in question is likely to be required for
public highway purposes, etc . " . Section 5 .02 (a) states that, "The
Director shall retain the option to recommend against the closure,
or closure and conveyance, of a Municipal right-of-way in the event
that, a) it can be demonstrated that the disposal of the lands
would be detrimental to the Municipality, to area residents, to
other agencies, or to the public at large" .
3 .2 The unopened road allowance, Concession Road 3 in Lots 11 and 12,
former Clarke, divides the lands that Laidlaw wishes to develop as
a landfill site (Attachment No. 1) . Until such time as Council has
dealt with the application by Laidlaw for an expansion to their
landfill site, it would be inappropriate to deal with Laidlaw's
application to close and convey this road allowance to them. It
is, therefore, recommended that the request by Laidlaw to close and
convey the road allowance between Concessions 2 and 3 in Lot 11,
former Clarke Township, be denied.
Respectfully submitted, Recommended for presentation
to the Committee,
l
---- --LAdm*nistrative-----------------
Walter A. Evans, P.Eng. , LaKotseff,
Director of Public Works Ch Officer
JCO*WAE*llv
December 17, 1990
Attachments
l �
REPORT NO. : WD-3-91 PAGE 3
Laidlaw Waste Systems (Durham) Ltd.
Attention: Mike Pullen
3410 South Service Road
Box 5057, Station 'A'
Burlington, Ontario
L7R 3Y8
Laidlaw Waste Systems (Durham) Ltd.
Attention: Jack Marsh
3410 South Service Road
Box 5057, Station 'A'
Burlington, Ontario
L7R 3Y8
I
i
i
i
CONC. RD, 4
PROPERTY BOUNDARY
EXISTING
LAIDLAW - - LANDFILL SITE
3-080-042
REGIONAL RECLAIMERS
3-080-040-50
LOT /2 LOT
0
o LAIDLAW
3-080-036
REGIONAL RECLAIMERS o
3-080-040 0
0
UNOPENED ROAD
CONC. RD. 3 I - ALLOWANCE
II (REQUESTED TO BE CLOSED)
i
GLENN & ROY STAPLETON REGIONAL RECLAIMERS
3-010-259 3-010-255
z I
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LOT 12 L OT
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1 ATTAMMENT [10, 1
KEY r" WD-3-01
I u j I
C-
LPLANNING FOGLER, RUB(NOFF T9 BARRISTERS&SOLICITORS
TOY04 OF
MELVYN P.RUBINOFF.O.C. LLOYD S.M CHAEL H.APPLEETON.O.C. JEFFFE Y S.LYYONS.Q.CC SYDNEYEN.CONN PHI I'P H.MEREOTSKY.O.C. Di .".-R IMIE T
STANLEY S.COHEN RICHARD A.BAIN.Q.C. GARY C.GRIERSON ERNEST ROVET
RAYMOND M.GELGOOT MARTIN L.MIDDLESTADT ARTHUR M.GANS BRIAN A.SCHNURR
NORMAN B.LIPSON ANTHONY D.LEIBEL EDWARD N. LEVITT JACK B.13ERKOW
MARTIN R.KAPLAN PAUL L.SCHNIER RICHARD H. SHEKTER JOSEPH S.MANNONE
EFFIE J.TRIANTAFILOPOULOS JEFFREY B.GOLDENBERG EUGENE C.McBURNEY SHARON S.LANDSMAN
ARLENE D.WOLFE MICHAEL S.WOLFISH GLENN E.COHEN JOEL WIESENFELD
PETER K.GUSELLE IRWIN GREENBLATT DANIEL S GOLD STEPHEN A.BERNOFSKY
STEVEN H. GOLDMAN JAY S.HENNICK STEVEN A.CYGELFARB ALAN M.SLESS
JOHN G.TEMESVARY (.WILLIAM BERGER JEFFREY P. BEBER ALDEN M.DYCHTENBERG
BONNIE E.FISH LAWRENCE P,HABER HOWARD D.RUBINOFF R.KENNETH S.PEARCE
STEPHEN K.YOUNG PAUL B.BERCOVICI DAPHNE E.M.WAGNER DAVID H.GOLDMAN
SANDRA L.MCNEELY JENNY L.CHU FELICE C.KIRSH DEBORAH A.MCPHADDEN
LAWRENCE D.WILDER JANE P RATCHFORD JOSEPH A.TRIPODI DIANNE LEMIEUX
R.LEIGH YOUD JOSHUA J.SIEGEL GILBERT J.WEISS RICHARD J.STEINBERG
JAMES L.CARPICK SHARI L.NOVICK ADRIENNE V.CAMPBELL S.DALE DENIS
MARK KARAM PETER J.ROBERTS LAWRENCE M.WEINBERG DONALD J.CLARKE
SUSAN J.WOODLEY SUSAN P.GROBERMAN ELIZABETH J.WOLFE TALLAT HUSSAIN
BETH A.DOWNING MELISSA A.MUSKAT
LESLIE G. DOLLINGER 1192 - 19891
November 12 , 1990 Our File No. : 89/2600
BY FAX AND ORDINARY MAIL
Mr. Frank Wu
Corporation of the Town
of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mr. Wu:
Re: Laidlaw Waste Systems (Durham) Ltd.
As you are aware, we are the solicitors for the above-named
corporation.
In reviewing the portions of land currently owned by Laidlaw, we
note that there is a unopened road allowance which bisects
Laidlaw' s property between Concessions 2 and 3 , Lots 11 and 12.
As the road allowance has not been assumed by By-law and because
of its location, it would appear that it is unlikely that the road
allowance would be assumed in the future.
Therefore , please accept this letter as a formal request to the
Town of Newcastle to undertake the necessary steps to stop up and
close that portion of the road allowance in Lot 11 , between
Concessions 2 and 3 .
Once the road allowance has been closed , Laidlaw would be most
interested in entering into discussions with the Town of Newcastle
for the purchase of the lands which have been closed .
ATTACHMENT N.0, 2
U WD-3-D1
SUITE 1400.150 YORK STREET,TORONTO.CANADA M5H 3T1
TELEPHONE (416)864-9700 FAX (416)941-8852,TDX: BOX 49
I
FOGLBR, RUB(NOFF
2 _
With respect to the procedure for closing of the road allowance
within the Regional Municipality of Durham, it is our understanding
based on information received from the Town of Newcastle that an •
application may be made to a Judge of the Ontario Court (General,
Division) pursuant to the provisions the IkeoisLtKY Act. . We would
be more than pleased to assist legal counsel in the preparation of
documents to be filed on the application:
Should you. require further information, please feel free -to contact
the undersigned. Please keep the undersigned' advised as the
progress of this matter.
Yours very truly,
FOGLER, RUBINOFp
VCk/IAA/f,0 VU'Lui r,u0
Dianne Lemieux
DL/sm
Cc: .. Mike Pullen = Ldidlaw' Waste Systems
cc: Jack Marsh - Laidlaw Waste Systems
cc.'. John McDermott - McDermott & Associates
CC: John Kennedy - Marshall Macklin Monaghan Limited
L-FRANK.DL
UJJ
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TOWN OF NEWCASTLE
CA
MEMORANDUM
CA
Mayor Marie Hubbard and Members of Council
TO: L.E. Kotseff and Department Heads
FROM: W.A. Evans, Director of Public Works
DATE: January 9 , 1991
SUBJECT:REPORT WD-3-91 (AMENDED)
LAIDLAW WASTE SYSTEMS (DURHAM) LTD.
REQUEST TO CLOSE ROAD ALLOWANCE
BETWEEN CONCESSIONS 2 AND 3, LOT 11
Resolution GPA-38-91 directed that the legal description,
key map and subject site be appropriately amended.
The report was reviewed and the following changes have been
made:
i) The word "unopened" was inserted where there was
reference to the "road allowance" .
ii) Reference to "Lot 12 " was removed from the Subject
section of the report.
The legal description in the body of the report
referred only to Lot 11, therefore no change was
required.
iii) The key map and subject site have not been amended.
The delegates advised Council that the key map was incorrect
as it related to property ownership. Property ownership was
determined by title search at the Land Registry Office
during the preparation of the report. On Tuesday,
January 8th, title to the lands was confirmed at the Land
Registry Office being Regional Reclaimers . We contacted
Fogler Rubinoff to request confirmation of ownership and a
copy of their response is attached. In summary, Laidlaw has
purchased all of the shares of Regional Reclaimers Limited.
On August 18, 1987, Articles of Amendment were filed
changing the name of Regional Reclaimers to Laidlaw Waste
Systems (Durham) Ltd. However, the "Document General" has
not been filed at the Registry Office.
. . . 2
A copy of the Road Closing Policy was not provided on Friday
as requested, because the document was in my briefcase for
final review. Friday, January 4 was my birthday and I was
on vacation. This was all explained to the person who
phoned our office on Friday requesting a copy of the policy.
My staff were reluctant to give the document without my
consent. It was explained to the requester that, with
consent, the document could be available Monday.
The applicant was provided with a copy of Report WD-3-91 on
Wednesday, January 2, 1991. We were not advised of any of
their concerns prior to the G.P.A. meeting.
Yours truly,
Walter Evans, P. Eng.
Director of Public Works
WAE/hj
attachment
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