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981215 Otter Valley Trail MINc OTTER VALLEY UTILITY CORRIDOR & RECREATION TRAIL MINUTES Tuesday, December 15, 1998 -7 PM -Bayham Council Chambers Present: Chair S. Lamb, Vice-Chair C. Evanitski, M. Stewart, B. Smith, C. Rosehart Staff: L. Buchner, D. Morris, F. Bell, B. Bartlett A. Adoption of Minutes Moved by B. Smith and Seconded by C. Rosehart: 'That the minutes of November 24, 1998 meeting of the Otter Valley Utility Corridor & Recreation Trail Committee, be adopted.' Carried. B. Business Arising From Minutes None. C. Adoption of Agenda Moved by C. Evanitski and Seconded by M. Stewart: 'That the Agenda for the meeting of the Otter Valley Utility Corridor & Recreation Trail Committee dated December 15, 1998, be adopted.' Carried. D. Deputations 1. 7:00 P.M. -Mr. Donald Good, LLB Mr. Donald Good, LLB representing adjacent property owners to the Trail addressed the Board of Management and presented their submission dealing with the Line Fences Act, RSO 1990, zoning under the Planning Act, RSO 1990 and liability with respect to the operation and management of the Trail. Mr. Good stated that he was proceeding on behalf of the adjacent landowners to process an application under the Line Fences Act, RSO 1990 and it was the responsibility of the municipalities to erect and maintain the fences in accordance with the Act which will require an appropriate budget for materials and cost. -2- Mr. Good further stated that the municipalities should consider the adoption of appropriate zoning under the Planning Act, RSO 1990 that would recognize the Trail as a permitted land use. In response to a question from C. Evanitski, Mr. Good stated that he was instructed to proceed with an application under the Line Fences Act, RSO 1990. In response to a question from B. Smith, Mr. Good stated that he would provide to the Board of Management with a list of the adjacent landowners that he represents. ii) 7:15 P.M. -Mr. Bob Gregson Mr. Bob Gregson addressed Committee and requested that his property be fenced along the entire length of the Trail as he has experienced trespass with motorized vehicles. In response to a question from the Board, Mr. Gregson stated that the fences were in place by the Railway about 20 years ago. Mr. Long addressed the Board meeting and stated the tracks have been lifted for at least seven years. Mr. Gregson requested that the issue with respect to his land locked parcel and access to it across the Trail be resolved by the Board. In response to a question from the Board, Mr. Gregson stated that he had no problem with the lands when they were owned by the Railway and that he had attempted to buy the lands for his own use. In response to a question from Mr. Gregson, S. Lamb stated that no funds have been committed as of yet for fencing. iii) 7:30 P.M. -Mr. Bill Underhill Mr. Bill Underhill addressed the Board and stated that the municipalities are the new owners of the lands and it is their responsibility to rezone the subject lands for a Trail. He further advised that since the lands are a former railway they would take on the zoning of those lands immediately adjacent to the railway and that this is in accordance to the Bayham Zoning By-law. ~ l . -3- E. Other Business Mr. George Gilvesy addressed the Committee and expressed concern for increased insurance premiums with the Trail. He expressed further concern that costs for the development of the Trail by the municipalities will be out of control. Mr. Gilvesy stated that the adjacent landowners have the greatest amount at risk in the development of the Trail and should have their concerns addressed by the Board. Mrs. Wanda Hoshal addressed the Board and stated that children need a safe place to recreate and that the trail is an excellent place for this activity. She further stated that it is the responsibility of the municipalities to make sure the Trail is safe and accessible to all people and users. In response to a comment from a member of the public, Mr. Al Spicer addressed the Board and stated that there are no dairy cattle farming operations along the Trail. Mr. Everett Vanvor, Ontario Federation of Snowmobile Clubs addressed the Board and explained the permit system for trail use across Ontario. He further stated that both owned and leased trails are insured by the Club, however, off trail use is not covered under their insurance program. He stated that the permit system allows for trail use only and that any other use would be trespass and that is a criminal activity that can be enforced through policing. Mr. Vanvor further stated that shared use with the Club would ensure proper rules and procedures for the Trail, as well as a protection of landowner interests through policing. Mr. Matt Schafer addressed the Board and stated that there will be increased risk if motorized uses are allowed on the Trail. Mr. Spicer addressed the Board and stated that the trail concept can work elsewhere and questioned why it doesn't work for the Otter Trail. Mrs. Rose Laemers addressed the Committee and stated that there were very few problems associated with the Trail, except for noise, and that the municipalities should proceed with the trail concept and let the policing be dealt with by the local snowmobile clubs. Mrs. Linda Vandevever addressed the Board and stated that she has experienced no noise problems with respect to the Trail. -4- Mrs. Gibbons addressed the Board and expressed concern for hunting from the adjacent lands. Mr. Kevin Taylor stated that the East Elgin Trail Association made users aware of hunting seasons in their club's Newsletter. Mr. Long stated that the Board has to get the user groups and landowners working together in Committees so that issues, such as garbage dumping, can be addressed. Mr. Dave Mason, Councillor addressed the Board and provided an alternate route to Tunnel Road, through the former Village of Vienna, and filed a copy with the Secretary. Mr. David Hoshal, Southern Snowriders Club addressed the Board and stated that the club would like to work with the municipalities, interested groups and the landowners on the trail and share with the associated costs of development. He further stated that signs are needed on the trail to warn users of dangers. F. Adjournment The Committee meeting adjourned at 8:25 p.m. ~c I .!_ .... ,ria~ip.. OXFORD COUNTY BOARD OF HEALTH ~~~ Woodstock, Ontario -410 Buller St., N4S 4N2 Tel. (519) 539-9800 Fax (519) 539-6206 E-mail address: ocbh@oxford.net ~ Woodstock, Ontario -Sexual Health Clinic, 204 Huron St., N4S 7A1 Tel (519) 539-4431 Fax (519) 539-3133 Brad Bartlett, Deputy Clerk The Corporation of the Town ofTillsonburg Municipal Offices, Town Centre Mall 200 Broadway Second Floor, Suite 204 Tillsonburg, Ont. N4G 5A7 November 20, 1998 Dear Mr. Bartlett .. , .. ,, .. , .. -•.-: "';":\' ' ~ ~---. o-•~· • -·· The development of the Otter Valley Utility Corridor and Recreation Trail was recently brought to my attention. I have been unable to learn the extent of the plans and development of the trail to date. Since I am unable to attend the meeting on November 23n1, I wanted to write to express my support. My main foci in public health are the prevention of injuries and the promotion of physical activity. Thus, I strongly support trail development. It provides a safe place, away from traffic, for people to be physically active. The trail should have a surface which allows for cycling. In addition, it needs to be wide enough to accommodate cyclists and people who are on foot .. In the winter it could make a great cross- country ski trail. The use of motorized vehicles such as snowmobiles, dirt bikes and off-road vehicles should be prohibited. If they are permitted it would jeopardize the safety of those who are on the trail under their own power. In fact, it would be very unlikely that active people would use the trail if it was used by these vehicles. The noise, speed, and potential danger would totally destroy their enjoyment of the peace and beauty of the countryside. The use of the trail would be restricted to the relatively few who own such vehicles, and would render it inaccessible to the rest of the population. I wish you well with the completion of this worthwhile project. The surge of trail development across the province is most exciting indeed. Sincerely --__,,_.,_ , __, H. , ~---1. --~-..;:_. / ...... : .. ;:---\._/ ., __ r ... --~- Loma Boratto RN BScN Public Health Nurse ~ I 01/19/99 TUjl 12:21 FAX 519 866 3884 MUNICIPALITY OF BAYllAM \ MUNICIPALITY OF BAYHAM RESOLUTION OF COUNCIL MOVED BY: ;,.<:? ~ DATE: January 14, 1999 i7 ' '} SECONDED BY: ,_.,7'J;r 't - ,'f Resolution # 99------ _,. 6.l(d) "THAT the Ch11rles E. Buch11nan correspondence dated December 22, 1998 regarding development of the Otter Valley Utility Corridor and Recreation Trail, and the attached article be received; AND THAl' the information be forwarded to the Otter Valley Utility Corridor and Recreation Trail Joint Board ofM.anagemcnt." · CARRIED ,(?/;44$.~DEFEATED _____ _ MAY~ T-MAYOR ------------- flD1'P1gea. Dept. Phone"' :u1 .... ~001 • ..; 01/15/99 FRI 11:15 FAX 519 866 3884 MUNICIPALITY OF BAYl!AM • ' , ~:\.._,., \_,., . ..__y 6.1 {d) Jan 14/99 Motion # 99- Port Burwell, Ontario, December 22, 1998. Mayor Max. Stewart, Members of Council, Municipality of Bayham. Dear Sirs: (213 ]) I have already outlined my reasons for development of the Otter Valley Trail and its benefits to the entire co111111unity including the adjacent land owners, in a letter dated July 8, 1998. At the risk of being labelled a chronic complaining letter- wri ter, I am again appealing to the better judgment of the Council of Bayham regarding the development of the trail. I recently learned that the adjacent land-owners have engaged a high-powered lawyer to help them in their endeavors to squashJthe trail, which is cer.tainly their prerogative. However it has been suspected from the outset that the adjacent land- owners main objective has been the acquisition of free land and NOT ma or concerns about the use of the trail and its effect on them oi their land. This is very evident from their refusal to ins.pee other trails and to try to determine the real facts about the us aqd development Of them. It is also evident from the early re~entation of their lawyer. They are sifting the provis~ons of the Line Fences Act to see if there are some straws to,gra p which will discourage the development and use of the trail, and have come up with the prohibitive cost of fencing the entire trail with the escape for the community being to just turn ov~r t e land to them and they will look after it. T is would be a very short sighted approach and would certai ly tell the whole community and the population, as a whole, that, once again, money is more important than quality of life and the outside perception of our community. Another point is, if there are no fences or that some are missing, who removed them? given the fact that the right-of way was properly fenced when the CPR ceased using it. I am enclosing an article outlining the importance of trails, such as the one which we have an opportunity to establish, to our neigbours to the south. I could not help but to th~nk of the hundreds of thousapds of adjacent land-owners who haye already set aside their greed and petty concerns for the greater good of their communlty and the country. Just think of it, America's trail system is more than SIX times the length of the Interstate Highway System. It would certainly be interesting to1 fini out how that equates in Canada and how many "adjacent land-o ners" are involved. A ain I say, this is a tremendous opportunity for us in this community and for the future generations and their children who coµld be using and enjoying the Otter Valley Trail long after the pr~sen land-owners bordering it have ceased worrying about it. I have every confidence that you, as the Charter Council to~ th New Municipality of Bayham, will not capitulate to pr~vat interests but will decide for the greater good for all . I ? Yorrs 1ncerely, -·=-~~ _,,J Charle Port Burwell, Ont. 874-4963 ~002 ~~~O=l~/15/99 FRt 11:15 FAX 519 866 3884 MUNICIPALITY OF BAYHAll t -7 \ I Bulletin Board Millennium Trails Initiative Connects America's Communities TI recognize Amenca's irans- ponation legacy; 1hc Nalional Millen- nium li'ails Pmgnun kiclo:rl olf in October. Under the projec~ 12 U.S. trails will be des- ignattd OS flagship Na- tional Millennium Tullis, 52 will Ix desig- nauxl as Millennium li'ails chosen by the SO st.ates, the: Disr:rict of Columbia and Puerto Rico, and more than 2,000 will be designat- ed as Communicy Mil- lennium Turils. "Transportation is abouc n1ore rhan con- crcce, asp hale and srctl; iris abou[ quali- cyo!lifc for !he Ameri- can people, mday and intlu:fututt," said liansportation Secre- tary Rodney Slatei: In addition m desig- nacing the Millennium Tullis. the project is dc- volttl to enhancing, building and extend- ing America's overall nail s;ysrem, which ro- tals some 250.000 miles, mon: than six times the length 0£ che naEion's Interstate Highway Systent. Funding £or thr: ntw uail projects, as well as Lhe extension.. completion and cnhanc~mcn[ o[ existing trails, will come in pan from che nl:W liaru:porta[ion equity Ace For the 21st cencury(TEA-1 I). tho landmark surface cransponation legislation char was signed inro law las1June. Pub- lic-priva<£ partoerships will provid• additional funds. 26 ffl/\fLt:,. Liff:.. JANUARY 1999 li!I003 " .'_, '-..../'·--., ''--.../.' \_,) , , , I \ ' . \ \. . ' IJ.J \.,; r--'41 ..J , ... ~ <r ~ a ct C!'. C!l '?. 0 f: ~ Ill ~ ""' Cl: ' ·' ) i ~ ~ ~ ~ I;! '). 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