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981112 Otter Valley Trail MIN< MINUTES OTTER VALLEY UTILITY CORRIDOR & RECREATION TRAIL COMMITTEE BOARD OF MANAGEMENT Tuesday, November 12, 1998 -7:30 P.M. Tillsonburg Council Chambers Present: Sam Lamb, Chair, Tillsonburg Cliff Evanitski, Vice-Chair, Bayham Max Stewart, Bayham Bob Smith, Tillsonburg Jack Petrie, Bayham Chris Rosehart, Tillsonburg Staff: Lynn Buchner, Administrator/Treasurer, Bayham David Morris, Clerk-Administrator Fran Bell, Economic Development Officer, Tillsonburg Brad Bartlett, Deputy Clerk, Tillsonburg A. Adoption of Minutes -September 28, 1998 Moved by Bob Smith and Seconded by Cliff Evanitski: 'That the minutes of the Board of Management for the Otter Valley Utility Corridor and Recreation Trail Committee dated November 3, 1998, be adopted as presented. Carried. B. Business Arising From Minutes None. C. Adoption of Agenda Moved by Jack Petrie and Seconded by Max Stewart: 'That the Agenda for the Board of Management of the Otter Valley Utility Corridor and Recreation Trail, be adopted as presented.' Carried. D. Presentations: 1. 7:30 P.M. -Video -Ontario Trails Council ' -2- Ontario Trails Council provided those in attendance with a fifteen minute video update on the Trans Canada Trail and the efforts underway to link it to the Otter Valley Utility Corridor and Recreation Trail at Tillsonburg. E. Delegations/Presentations: 1. 7:40 P.M. -Mr. Jim Oliver, Past President, Lynn Valley Trail Mr. Oliver addressed the Board and stated that the Lynn Valley Trail has been in existence for a few years and that it is a partnership trail owned by the Region of Haldiman-Norfolk and managed by the Lynn Valley Trail Association. He further stated that it has a long term use for water and sewer services. Mr. Oliver explained that the trail is multi-use except that motorized uses are not allowed. He stated that landowner issues were fences and gates and he encouraged the Board to fence and gate the rail/road crossings at the earliest possible opportunity to show commitment to those landowners. Mr. Oliver stated that insurance for the trail was secured through the Ontario Trails Council. 2. 7:50 P.M. -Mr. Ken Buck, Vice President, Ontario Trails Council Mr. Buck addressed the Board and stated that the two municipalities embarked a few years ago on a visionary project and they must now secure and take ownership in the trail through management of the Board. He further advised that the master plan did outline economic benefits that could have been realized in the are if the trail project would have commenced this year. Mr. Buck stated that the landowners have very legitimate concerns and that they can be addressed proper planning and management. 3. 8:00 P.M. -Mr. Kevin Taylor, Otter Valley Trail Association Mr. Taylor stated that there are many agencies in support of the Otter Valley Trail and that there is the need of an umbrella organization to assist with the management of the trail. He further stated that all interested agencies are interested and willing to work with the landowners. 4. 8:10 P.M. -Mr. John Waite, Poplar Ridge Snowmobile Club Mr. Waite addressed the Board and stated that they are a local snowmmobile club that works with private landowners for the use of their lands through land use agreements. He further stated that his club could assist with patrols along the trail. He further explained that all their members are approved through permits from the Ontario Federation of Snowmobile Clubs. 0 -J- 5. 8:20 P.M. -Mrs. Judy McLean, Tillsonburg Trail Association Mrs .. McLean addressed the Board and stated that all users can be accommodated on the trail and that the concerns of the landowners need to be addressed at the earliest convenience. She further stated that the trail has positive aspects in the areas of outdoor recreation and education. 6. 8:30 P.M. -Mr. Jeff Kleizeverink, Otter Ridge Dirt Riders Mr. Kleizeverink addressed the Board and stated that the Otter Ridge Dirt Riders are willing to assist with addressing the concerns of all users and the adjacent landowners for the use of a multi-use trail. He further stated that the Otter Ridge Dirt Riders have begun educating he motor users on safe use of the trail. Mr. Kleizeverink stated that the club have identified many of the risk areas along the trail. 7. 8:40 P.M. -Mrs. Jacquie VanRswyk, Elgin St.Thomas Health Unit Mrs. VanRswyk addressed the Board and stated that their is a need expressed by the residents to use the trail for health promotion and the prevention of disease. 8. 8:50 P.M. -Mrs. Jean Law, Thames Valley Trail Association Mrs. Law not in attendance. 9. 9:00 P.M. -Mr. Robert Elliot, Southern Sno Riders R. Elliott addressed the Board and stated that the snowmobile club is willing to participate in a shared trail and assist with signage, safety and trail wardens. He further stated that there are economic benefits for trail use by snowmobiles as experienced elsewhere in the province of Ontario. Chair Lamb asked if there were other members of the public who would like to address the Board. Mr. Case Vanharley, Operations Director, Ontario Federation of Snowmobile Clubs addressed the Board and further explained the permit system and club access to federation funding across Ontario. In response to a question from Mrs. McLean, Mr. Elliot stated that the Southern Sno Riders would work for the benefit of all trail users and not just his club. -4- Mr. Jim Long, a local trail enthusiast, addressed the Board and stated that if there is a charge for the use of the trail, there will always be those who will enjoy the benefits but not share in trail costs. Mr. Frank Provinzano, a local trail enthusiast, addressed the Board and stated that the utilidor could accommodate a shared use trail. Mr. Ron Chatten, member of the Ratepayers of Bayham addressed the Board and asked if the trail could accommodate wheelchair users. Mr. Bartlett answered in the affirmative. Mr. Ray Madix, a member of the Ratepayers of Bayham, addressed the Board and stated that the cost of the trail is an important factor and that this could be overcome through corporate sponsorship. Mr. Madix further stated that local residents will become involved once there is more awareness of the trail project. G. Other Business The Board of Management discussed at greater length the possibility of an organization of users to manage the trail. The Board discussed the responsibility of the two municipalities to properly sign the trail to avoid risks. It was identified that the Board could shut the trail down to only authorized uses and then open it in sections in accordance with the master plan. H. Adjournment and Next Meeting Date Adjournment was at 10:35 p.m. and the next meeting with the adjacent landowners was scheduled for December 15, 1998 at 7:00 p.m. in the Municipality of Bayham Council Chambers. / ~ ~ December 2, 1998 THE CORPORATION OF THE TOWN OF TILLSONBURG To All Adjacent Landowners RE: Meeting of the Board of Management of the Otter Valley Utility Corridor & Recreation Trail /~\ ~ <~~·~~~~u::~ ~ At their November 24, 1998 meeting, the Board of Management for the Otter Valley Utility Corridor & Recreation Trail directed that I write to all adjacent property owners to the utilidor between the Village of Port Burwell and the Town of Tillsonburg, and invite them to attend a meeting in December 1998 to discuss management and trail issues. It is requested that your representation be accompanied by a written submission so that the Board of Management can track those issues accordingly. If you are unable to attend, please feel free to submit a written submission. Your submission can be forwarded directly to the undersigned at your earliest convenience. The meeting is scheduled for Tuesday, December 15, 1998 at 7:00 p.m. in the Municipality of Bayham Council Chambers at 9334 Plank Road in Straffordville, Ontario. If you have any further questions, please don't hesitate to call me at extension 228. On behalf of the Board of Management, thank you for your interest in the utilidor and I look forward to receiving your submissions and seein~you at tpe meeting. ~;@;;~t!/MPA, AMCT Deputy Clerk cc: Sam Lamb, Chair -Board of Management Cliff Evanitski, Vice-Chair -Board of Management h;;,h MUNICIPAL OFFICES -Town Centre Mall 200 Broadway, Second Floor. Suite 204, Tlllsonburg, Ontario N4G 5A7 Tel: (519) 842-6428 Fax: (519) 842-9431 (j. l) ADJACENT LANDOWNERS SUBMISSION This Board is established to manage the Joint Venture Agreement to develop the Otter Valley Recreation Trail and Utility Corridor. We are a group of landowners who will be affected by this development. It is our pw-pose to bring to the Boards attention to matters of concern of the landowners. LINE FENCES ACT Section 19.(l)(c) of the Line Fences Act states Where land that was fonnerly used as part of a line of railway is conveyed in its entire width lJy the railway company, to the Crown in right of Ontario, a Crown agency wichin the meaning of the Crown Agency Act or the corporation of a municipality where the Crown. Crown agency or corporation. as the case may be. is not the owner of abutting land the Crown. Crown agency or corporation is responsible for conscructing, keeping up and repairing the fences that mark the lateral boundaries of such land The Recreation Trail is being developed on an abandoned railway line. The Joint Venture owners of the former railway line are not the owners of the land adjacent to the line. Section 19 of the Line Fences Act requires the Joint Venture owners to construct appropriate fencing on both sides of the line. We are in the process of organising a joint application of all interested adjacent landowners to file an application under the Line Fences Act to require this fence to be constructed immediately. The precise cost of such rencing is difficult to estimate at this time. The Stanley Report recommends page wire and we believe this is a minimum to prevent unauthorised access to our lands by the trail patrons. The Line Fences Act requires the fence to be built on assumption of ownership by the municipal corporations. We encourage this Board to commence a management plan to implement the fence construction project. If this is done voluntarily. the cost of the fence viewers will be avoided. An eight page wire fence between the boundaries of the trail and private land "ill likely cost between $500.000 and $ 1.500.000. These funds would have to be put in the 1999 budgets of the respective municipalities. Planning Act The development of the Recreational Trail will create a major land use intrusion for lando\\ners along the trail. The Stanley Report documented these landowners' concerns but fuiled to include reasonable mitigation requirements. The Stanley Report simply relied on success elsewhere on other trails. We are of the position that the Recreational Trail lands require specific site zoning provisions and the trail does not full under the "public use" provisions of the Municipality zoning by-law. ---- We urge this Board to consult with the Planning Departments of the three municipalities along the trail in order to determine proper zoning requirements. Insurance You are aware of a nwnber of complaints from landowners with respect to the right-of-way users trespassing onto their lands. This is before the Trail even becomes officially functional. Landowners can be held liable for iajuries to such people and this liability will be transferred back to the Municipality. Property damage by such trail users will also be the responsibility of the Municipalities. We urge this board to develop a comprehensive insurance policy to ensure the protection of trail users and adjacent landowners. Conclusion We will be developing other policy positions on trail development and we look forward to sharing these with you over time. , 11/98 FRI 15:42 FAX 519 866 3884 William Underhill Box 172 Straffordville, Ontario NOJ lYO Ph. 866-3431 December 11, 1998 l!UNICIPALITY OF BAYHAM Otter Valley Utility Corridor & Recreation Trail Board ofMlillagement Town ofTillsonburg 200 Broadway St. Tillsonburg, Ontario N4G 5A7 Attention: Brad Bartlett, MPA, AMCT Dear Mr. Bartlett: \).~.:.,) In regards to your letter dated December 2, 1998, I would like to attend the next meeting scheduled for December l Su. at the Bayham Municipal Office. I would like the opportunity to address the board on a 5Jlecific matter. I wish to question the Board on the issue of the required wning for the corridor right-of- way. Tue zoning requirements for a special use should be in place before development Now that the barriers have been removed, the property is accessible to various motorized vehicles, including cars and trucks, and the corridor has become a "mini freeway". I look forward to addressing the Board at the December l S'h meeting. Your~J~ William Underhill cc: Sam Lamb, Chair CliffEvanitski, Vice-Chair Municipality ofBayham Council li!I002