HomeMy WebLinkAbout10/13/2015 - Otter Valley Board of ManagementOTTER VALLEY UTILITY CORRIDOR & TRAIL
BOARD OF MANAGEMENT
AGENDA
October 13, 2015
2:00 PM- 4:00 PM
10 Lisgar Ave, Tillsonburg, ON
Customer Service Centre Board Room
ORDER OF BUSINESS
1. Chair Appointment
2. Background
3. Noxious Weeds
4. Drainage Concerns
5. Liability/Trespass
6. Budget
7. Next Meeting
8. Adjournment
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, Administrator
DATE: January 08, 2015
REPORT: CAO-04/15 SUBJECT: OTTER VALLEY UTILITY CORRIDOR – RAIL TRAIL
BACKGROUND
On September 18, 2014 Council received Report PW 2014-020 re Rail Trail for information. The
report summarized that in 2014 Capital Budget deliberations the Council of the Corporation of the
Municipality of Bayham allocated ten thousand dollars ($10,000), from the Trail Reserve, to the
Otter Valley Rail Trail Advisory Committee for work to be undertaken on the Rail Trail. Throughout
the summer of 2014 the Municipality received complaints under the Weed Control Act R.S.0. 1990,
CHAPTER W.5 concerning noxious weeds present on the Rail Trail. Further the report outlined a
prospective path forward, utilizing Public Works employees to further the progress of the trail. Staff
were directed to gather more information and conduct a public consultation process and report back
to Council.
On January 8, 2015 the Council of the Corporation of the Municipality of Bayham received for
information the minutes of the Otter Valley Rail Trail Advisory Committee minutes which strongly
directed Council to take various actions to further the progress of the trail.
DISCUSSION
Through research it would appear that the Municipality of Bayham and the Town of Tillsonburg need
to reestablish effective communication pertaining to the Utility Corridor before any action is
undertaken. This is critically important as the Joint Venture Agreement states the Utility Corridor is
primarily a Utility Corridor and may have a secondary use as a passive trail system.
In 1997 the Village of Port Burwell and the Town of Tillsonburg entered into a Joint Venture
Agreement concerning the Otter Valley Utility Corridor. The Joint Venture Agreement is a legal
document with prescriptive duties pertaining to ownership of the Utility Corridor and any actions to
take place on the Corridor. As a note, at amalgamation, the Joint Venture Agreement commenced
to be an agreement between the Municipality of Bayham and the Town of Tillsonburg. In the early to
mid-2000’s the Municipality and Town, pertaining to the Corridor, did not have a positive relationship
and were often on the brink of mediation and arbitration which necessitated costly legal assistance.
In general, the Town of Tillsonburg should be doing the financial books for the Joint Venture and an
Operating and Capital account should exist for the trail, along with the Joint Venture being recorded
in the Town of Tillsonburg FIR’s. Since both the Town and Bayham have had significant staff turnover
since the mid-2000’s it would seem prudent to conduct formal meetings in an attempt to produce
wanted results with the Corridor. Further, the Joint Venture states that a budget must be presented
to the other party and approved prior to December 31 of the preceding year.
For background purposes, the Municipality also has an Option Agreement with AIM Power and a
Road Use Agreement with Erie Shores Wind Farms for use of the Corridor. Additionally, the majority
of the Corridor north of Vienna is leased to the abutting land owner’s as a result of line fence disputes
in the early 2000’s.
Staff have identified the following concerns that should be analyzed (costing) and addressed before
any work is commenced on a trail, notwithstanding ensuring all actions are in compliance with the
Joint Venture Agreement, those include:
I. Noxious Weed Control
II.Ditching
III.Ditch Grate Safety
IV.Brushing
V. Potential Fencing
VI.Way finding Signage
VII.Accessibility
VIII.Liability
IX.Clarify land ownership in Port Burwell
Understanding the full cost and impact of the above mentioned items, to make a trail a reality will
allow the Municipality to convey and explain the same to Tillsonburg and also address any concerns
about Liability (concerns such as jointly limiting motorized vehicle access along Corridor, which
should be addressed with priority). Following the approval of a budget, by both Tillsonburg and
Bayham, even if Bayham will pay for the trail portion itself, a formal public consultation process can
be engaged and finally work can commence.
In the interim, the Municipality, nor the Municipally appointed Otter Valley Rail Trail Advisory
Committee should take any action unless approved by the Joint Venture.
RECOMMENDATION
1.THAT Report CAO-04/15 re Otter Valley Utility Corridor – Rail Trail be received for
information;
2.AND THAT Staff be directed to coordinate a meeting of the Otter Valley Utility Corridor Joint
Board of Management with the Town of Tillsonburg.
3.AND THAT Staff prepare a draft 2016 work plan to present to Tillsonburg prior to December
31, 2015.
Respectfully Submitted by:
Paul Shipway
Administrator