The following information including the release of a Closed Council Session report from the County’s solicitor is being provided in the spirit of this Council’s and Staff’s concerted efforts to operate in an open and transparent manner while maintaining and protecting public interest.
The issue of unpatented lands owned by the County is a long-standing matter. The issue of the cloud on title for the Village Green was raised in 2014 when survey work was commenced for the property associated with the Library re-build project. The survey work identified potential title issues causing staff to seek legal advice.
Subsequently Legal Services Request (LSR Attachment Above SVWULP034162) – Subject: Unpatented Lands Currently Considered Owned by the County Known as Village Green in Cayuga was made October 24, 2014 to examine title matters.
During the course of the legal review of the Village Green title matters advice was provided by the County Solicitor during 2014/15 that given the research undertaken he concluded that making significant investments on the property may have risk and that if the County wished to proceed a formal public application process through the Superior Court would be recommended.
This advice was repeated in a formal opinion dated September 6, 2016 that was requested to comprehensively address a number of properties across the County owned by the Corporation with potential historic title issues – including the Village Green (See Attachment Above – Cor from Solicitor re Unpatented Land).
Council’s consideration of potential location options for a new Cayuga Library were considered at Council in Committee on October 27, 2015 (Attachment Above CMS-GM-04-2015 Options For Cayuga Library Location).
Given the concerns raised by residents over the recent past, we instructed our solicitor to review the file (Attachment Above – Market Square/Village Green).
The information contained within this e-mail (no addresses) will be posted to the County Web Home Page by the end of today for Public Information.
Don Boyle, Haldimand County CAO