Motion as presented by Councillor Vagnini:
WHEREAS a “trespass road” known as Wirtanen Road extends from Lorne Falls Road to the Vermilion River over Lot 10, Concession 3 in the geographic Township of Lorne, Greater Sudbury and, Whereas the “trespass road” crosses two other private properties as well and,
WHEREAS the “trespass road” has been in continuous use to provide access to the Vermilion River and properties on the both sides of the river for more than 100 years and,
WHEREAS users of the access include, property owners on the both sides of Vermilion River, Municipal agencies, Provincial agencies, volunteer public groups and the general public and,
WHEREAS this “trespass road” was constructed and maintained for many years under Provincial Order by the personal labour of the property owners having access to their properties in lieu of property taxes and,
WHEREAS a series of Provincial and Municipal governments have previously and as recently as the Regional Municipality of Sudbury through the previous Corporation of the Town of Walden confirmed in writing and demonstrated jurisdiction for this “trespass road” providing minimal maintenance to the road since inception more than 100 years ago and,
WHEREAS the City of Greater Sudbury has continued that same level of minimal cost maintenance from amalgamation to the spring of 2016 and,
WHEREAS no documentation has been found to close this “trespass road” as required by statute and,
WHEREAS statutes regarding closure of access to water and waterways prohibit closure of such accesses and,
WHEREAS a new owner of one trespasses property has barred continued access to a portion of the road and demanded compensation from other property owners and,
WHEREAS City staff has chosen not to assert continued jurisdiction over a portion of the access road and,
WHEREAS no motion has been brought before Council to cease jurisdiction of this trespass road and,
WHEREAS no motion has been brought before Council to authorize transfer of jurisdiction to private individuals without compensation and,
WHEREAS abandoning of jurisdiction will results in undue benefit to the property owner and has already comprised the property value of the owners historically being services by the “trespass roads” and,
WHEREAS abandoning of jurisdiction without following due process as required by statute will result in numerous “trespass roads” throughout the City turning neighbours against neighbours and will require either construction of new access to many properties or compensating existing owners of properties for purchase of the existing access ways and,
WHEREAS the site has for many years been a major roe harvesting location for the walleye restocking program and facilitates the harvesting of more than five million eggs or ten percent of the program annually essential to the game fish population and health of numerous lakes in the Sudbury District.
THEREFORE BE IT RESOLVED THAT City staff is hereby directed to continue jurisdiction of this “trespass road” and others that exist throughout the City of Greater Sudbury until due process as required by statute has been adhered to.
BE IT FURTHER RESOLVED THAT maintenance of these “trespass roads” will be done in accordance with established practice.