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HomeMy WebLinkAboutWD-3-91 TOWN OF NEWCASTLE NN 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 z 1 0 w a. J a � tr LOT 12 L OT I 00f4.lnP. M "ItII_ I FLJWIL LJI� 0 COW a & 1 11 10 9 17 16 15 14 13 0 f 1 7 6 g 1 3 1 1 3 T .a 3 � ' a NE T VI COW.RD. 2 2 g Z ° DRAWN J .M. F DATE : DEC. 1990 & o —T I 401 ATTACi- IE-id T Ad KEY MAP —D-91 M1DDED I i 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 . i i I 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 I 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 I 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 0 I-- I w J CL o Q LOT 12 L OT �a+4.fFO. M -1WI___L��1 JW jv I I I 1 1 11 --- �04 D o 4 � W D COW RD. j O 0 � & 1 11 IO 9 17 If 15 11 11 p 1 i 1 6 S 1 3 2 1 3 T 3 ITE ' t z $ o z r vl C RQ 2 2 �T i o o �• DRAWN : J ,INA DATE : DEC. 1990 �J i 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 i 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 i i