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HomeMy WebLinkAbout02/08/2016 - Otter Valley Board of ManagementOTTER VALLEY UTILITY CORRIDOR & TRAIL BOARD OF MANAGEMENT AGENDA February 8, 2016 2:00 PM- 4:00 PM 9344 Plank Rd. Straffordville, ON Committee Room ORDER OF BUSINESS 1. Call to Order 2. Disclosures of Pecuniary Interest 3. Report CAO-09/16 re Utility Corridor – Underhill Farm Supply 4. Report CAO-10/16 re Utility Corridor – ‘Rail St.’ Straffordille 5. Other Business 6. Next Meeting 7. Adjournment REPORT CAO TO: Otter Valley Board of Management FROM: Paul Shipway, CAO DATE: February 8, 2016 REPORT: CAO-09/16 SUBJECT: OTTER VALLEY UTILITY CORRIDOR – UNDERHILL FARM SUPPLY BACKGROUND On January 21, 2016 the Corporation of the Municipality of Bayham received a request from Mr. Andrew Sebok, Vice President of Underhill’s Farm Supply, located at 56532 Calton Line R.R#1 Vienna, Ontario, to construct fencing surrounding the subject property and across the utility corridor. The full request is as follows: As discussed, we would like to fence the complete parameter of our yard located @56532 Calton Line over the next 4 years. In this process, we would like to fence right to the western edge of the grounds (including the rails to trails portion which we do not own). Our main reason for wanting to fence it off would be to keep trespassers off of our yard (quads, criminals, etc.) as they seem to be the largest user of the trail. We have them on our yard both during business hours and off hours which is very concerning given the amount of traffic (during the day) and the type products that we carry. We would be more than willing to put a large locking swing gate on the north west corner of the property to allow access to Hydro One/Erie Shores if needed and supply them with a key. The preferred schedule for fencing is as follows; i.2015 – front (south boundary) fenced – almost complete ii.2016 – back (north boundary) fenced iii.2017 – west boundary fenced iv.2018 – east boundary fenced Please see the attached diagram of the proposed, attached hereto as Appendix ‘A’. Pursuant to Municipality of Bayham By-law No. 2003-077 and Municipality of Bayham Agreement No. 0337 the subject lands are encompassed within a 50 year lease with an additional 50 year renewal period. Pertaining to fencing the Lease Agreement features the following provisions: …Provided, however, that the Lessee shall be allowed to erect fencing around the subject lands, subject to the approval of the Lessors to allow the Lessee to prohibit individuals from accessing the lands as a trail. AND that the Lessee will not remove, alter or change the style or position of any fences on the said lands without the consent of the Lessor in writing… DISCUSSION Municipality of Bayham staff are in full agreement with the request. Further, given the nature of operations at Underhill’s Farm Supply, as indicated by Mr. Sebok, it may be an exercise in risk reduction for all parties in having the utility corridor fenced in the area. Staff would respectfully recommend a gate be installed in the northwest corner, as indicated in the request, capable of permitting pass through of a full size utility bucket truck and that Erie Shores and the Municipality of Bayham be provided with a key and authority to cross the Underhill property to access the gate and utility corridor. RECOMMENDATION 1.THAT Report CAO-09/16 re Otter Valley Utility Corridor – Underhill Farm Supply be received for information; 2.AND THAT the Otter Valley Board of Management approve the request of Mr. Sebok of Underhill Farm Supply to erect fencing, at the sole cost of Underhill Farm Supply, around the perimeter of the subject property; 3.AND THAT Underhill Farm Supply install a gate at the northwest corner of the property and provide the Municipality of Bayham and Erie Shores with a key; 4.AND THAT the fencing conditions are contingent upon the Municipality of Bayham, Town of Tillsonburg and Erie Shores being granted permission to access the utility corridor through the Underhill Farm Supply property. Respectfully Submitted by: Paul Shipway CAO A P P E N D I X ' A ' LOT 16 LOT 17 LOT 18 LOT 19 LOT 17 LOT 18 LOT 16 LOT 19 LOT 15 LOT 15 CON 5 CON 4 P L A N K R D CALTON LINE Key Map±0 150 300 45075 Meters Rail Trail Section 3 – Underhill’s Farm Supply Agreement No. 0337 – By-law No. 2003-077 Subject Lands APPENDIX 'B' REPORT CAO TO: Otter Valley Board of Management FROM: Paul Shipway, CAO DATE: February 8, 2016 REPORT: CAO-10/16 SUBJECT: OTTER VALLEY UTILITY CORRIDOR – RAIL ST. - STRAFFORDVILLE BACKGROUND 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. Effective February 6, 1997 the Corporation of the Village of Port Burwell and the Corporation of the Town of Tillsonburg, purchased from Canadian Pacific Railway Company land in the Township of Bayham, County of Elgin. The land included the following properties. i.Roll No. 34-01-000-009-01800-0000 ii.Roll No. 34-01-000-009-01805-0000 iii.Roll No. 34-01-000-009-01810-0000 At some point, either predating the purchase or after, either informally or formally, the Municipality of Bayham commenced utilization of the area indicated in Appendix ‘A’ as a road commonly known as ‘Rail St’. ‘Rail St.’ is not a designated road and is in fact a portion of the utility corridor lands. In 2015 Municipality of Bayham staff installed dead ends and turnarounds at the end of First, Second Third and Fourth Streets to prevent use of the utility corridor as a road. The property at 56466 Heritage Line, Straffordville Ontario (Roll No. 3401-000-004-21800) presently utilizes ‘Rail St’. as the only access to the subject property. The property is indicated in Appendix ‘B’. DISCUSSION To rectify and close access to ‘Rail St.’ from Heritage Line the following options exist: 1)Require the owner of 56466 Heritage Line to access the property from Heritage Line. a.Due to configuration of the property this does not seem feasible and would include a fair amount of legal resources. 2)Survey and declare ‘Rail St.’ as a public highway under the Municipal Act and maintain accordingly. a.It is doubtful the Town of Tillsonburg would be desirous of being jointly responsible for a road in the centre of Straffordville in the Municipality of Bayham and the maintenance and liability which is associated with the same. 3)Require the owner of 56466 Heritage Line to enter into a Road Use Agreement with the Town of Tillsonburg and the Municipality of Bayham and blockade ‘Rail St.’ at the northerly extent of 56466 Heritage Line. a.Agreement to be registered on title. b.Agreement to be crafted and registered at the sole cost of the Municipality of Bayham. Municipality of Bayham staff would respectfully recommend Option No. 3. As a note, should Option No. 3 be executed the owner of 9296 East St. (3401-000-004-26400) which is the property directly north of 6466 Heritage Line, will assuredly have issue with the removal of access to the rear of the property off of ‘Rail St.’. Bayham staff have confirmed with legal that 9296 East St. has no right to access and any issues associated with the same could be handled by the Municipality of Bayham. RECOMMENDATION 1.THAT Report CAO-10/16 re Otter Valley Utility Corridor – Rail St. - Straffordville be received for information; 2.AND THAT Bayham staff be directed to draft a Road Use Agreement for 56466 Heritage Line, Straffordville Ontario to access the subject property utilizing the utility corridor; 3.AND THAT the agreement and all associated costs, including abutting property owner concerns be handled and funded solely at the expense of the Municipality of Bayham; 4.AND THAT upon completion of the Road Use Agreement the same be presented by by-law to the Council of the Corporation of the Town of Tillsonburg and the Council of the Corporation of the Municipality of Bayham and upon passing be registered on title at the expense of the Municipality of Bayham. Respectfully Submitted by: Paul Shipway CAO © Latitude Geographics Group Ltd. 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.2 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.110 1:4,513 Trail S'Ville Heritage Li to Fourth St Lagoons Parcels Local Arterial Highways World Street Map © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.060 1:2,256 Map Title Elgin Parcels Local Arterial Highways Boundary World Street Map © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.030 1:1,128 Roberts property - 56466 Heritage Line Lagoons Parcels Local Arterial Highways World Street Map