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Home My WebLink AboutWD-14-96,~ REPORT Meeting; GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: M~~ 4, 1996 ~I WD-14-96 ~~ Report #: File #: Subject: FENCE VIEiiERS' AWARD - COMlION BODlIDARY BSTfiSSN COIIRTICS vaariarar.~, PARR Aim SHIRLSY LOCRB PROPERTY Recommendations: File # C Res.# ~'~PA- lay-qfo By-Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. TMAT Report WD-14'~-96 be received; 2. THAT the six fogt (6') chain link fence, ordered by the Referee, Mr. Norman Ropperud,,be installed along the common boundary between Courtice Memorial Park and the property owned by Shirley Locke, prior to the start of the softball season (May 1); 3. THAT the estimated cost. of $2,500 be approved and the funds be obtained from the Community Services Lot. Levy Account 15001-00035-X; 4. THAT the funds pt{esently contained in the Draft 1996 Budgetreceive pre- budget approval;jand 5. THAT Mrs. Shirley Locke be advised of Council's. decision. R13PORT 1.0 ATTACHlDINTS ~'~, No. 1: Rey 1~tap No. 2: Copy' of the Award of Referee on Appeal, Line Fences Act, Sectjon 10, dated February 5, 1996 2.0 BACRGRDDND '.. 2.1 Owner's Reauest~Eoz Fence Viewers tDisDUte1 On June 16, 1991, the Community Services Department was issued with an "Owner's Request',for Fence Viewers (Dispute)" form stating that the owner ,~s~o~®.~oaL.~A ~ O O REPORT NO.: WD-14-96 PAGE 2 of 2193 Court ice Road requested a fence,to protect her land from the users of Court ice Memorial Park (see Attachment No. 1). 2.2 Fence Viewers' Atgard The fence viewers, ruled in the resident's favour, directing that a "5 ft. board on board with 1 ft. lattice, 4" x 4" treated posts 8 ft. apart, to a depth of 4 ft. and a length of approximately 135•" be installed. The fence was to be installed by the Municipality with the Municipality responsible for 1008 of the cost, plus the fees charged by the fence viewers. 2.3 Owner's Notice of Appeal From Feace Viewers' Award [Dieyutel On July 20, 1995, an "Owner's Notice of Appeal From Fence Viewers' Award (Dispute)" form was completed by municipal staff and circulated to appropriate parties under the provisions of the Line Fences Act. Our appeal was based on the following: a) That the wooden fence was not in keeping with fences in the area; b) That wooden. fences are not durable and require a higher degree of maintenance; and c) That the award be granted on the basis of a 1.8 m chain link fence to be shared on a 50/50 basis along with a sharing of the fence viewers' fee. 2.4 Referee's Award The Ontario Government appointed a Referee, Mr. Norman A. Ropperud. In his award (Attachment No. 2), he ordered that a six foot (6') chain link fence be installed along the common boundary at the Municipality's expense. Re further ordered that the fence viewers' fees be shared between the Municipality (608) and the resident (408). The award requires the fence to be erected prior to June 15, 1996. 4.0 REVIEW BND 4.1 In previous years, the softball season has started around May 15. With the increased demands to extend the season with an earlier start, combined with revised diamond preparation techniques adopted this year, the Municipality is hopeful that the season may start by May 1, 1996. This would leave insufficient time between approval of the budget and start of 1002 t RBPORT PO.: WD-14-96 PAGE 3 the ball season to install the fence. Undoubtedly, the resident would appreciate the f~nce being installed prior to the start of the softball season. 4.0 COMCLOSION 4.1 The Municipality must comply with the award to install the fence prior to June 15. Awarding a contract now may provide the best prices, with an agreeable and non-disruptive timetable. For this reason, it is recommended that funds for the proposed fencing project, presently .contained in the .Draft 1996 Capital Budget ($2,500), receive pre-budget approval. It ie further recommended that a six foot (6') chain link fence be erected prior to the start of the softball season (May 1) and that the funds be taken frpm the Community Services Lot Levy Account #5001-00035-X. Respectfully submitted, Steph A. Vokes, P.Eng. Director of Public Works JDC*ph February 2B, 1996 Attachment Reviewed by, W. R. St ckwell Chief Administrative Officer 3 033 Courtice Memorial g Park ry 2193 I g Subject Fence Location Q) U O O U ig way No. 2 d� a Q D o M m Re nal Road tl2 I Bloor St. DRAWN t J.R.M DATE: FEB. 1996 SUB EC ATTACHMENT NO. 1 AREA KEY MAP WD-14-96 01U AWARD OF REFEREE ON APPEAL LINE FENCES ACT, SEC. 10 HUNICIRALITY OF CLARINGTON NORMAN A. KOPPERUD, ) Monday, February 5, 1996 REFEREE ) BETWEEN: Municipality of Clarington Appellant -and- Shirley Locke Respondent BACKGROUND AND REASONS This is an appeal by the Municipality of Clarington who owns property which abuts land owned by the Municipality of Clarington (herein after called "Municipal lands"). The Municipal lands do not form part of a highway or a walkway or cemetery. Length of the common boundary is 135 feet. Mrs. Locke did not appear by 9:30 a.m. and the proceeding progressed in her absence. Evidence was given by the fenceviewer Joe Christl. The award provided for the municipality to pay 1008 of the costs of a 5 foot wooden fence. The Municipal lands are a baseball diamond. It was donated originally by a Mr. Courtice (Memorial Park). See Ex 5(5) for catchers box and screen. People sit on Mrs. Locke's property to watch the baseball. There is no doubt there needs to be a fence. Courtice Road is a busy street and people pull off onto the Locke property to unload the kids. Some trees could be sitting on the boundary line. Lockers want a Board on Board for the privacy. Fenceviewers feel the ball park is like a commercial enterprise with the use it, gets and that would also indicate the problems with maintenance. Mrs. Locke would be content with chain link but prefers Board on Board. ATTACHMENT N0. 2 WD-14-96 ~Q~~ It is important to note that there is a chain link fence part way along road allowance (4'). There is a paige wire fence at rear of property and paige wire fence at North side - 600' - 700' a~av and therefore not really applicable. In summary we have a frequently used ball park owned by the Municipality next door to a private residence and there is no fence in existence on the boundary. The catchers box is immediately adjacent to the front of the Locke property so that the first base line is parallel to the common boundary and fairly close to it. There is a fence (4 feet high - chain link) along the front of the property which in all likelihood was constructed by, the Municipality. (There was no evidence on this point). Clearly however this is a high traffic area owned and operated by the Municipality next door to a residential property. It is analogous to a commercial user next door to a residential user. it is used for the benefit of the taxpayers of the Municipality and a highly desirable use it is. It should be encouraged. However the neighbour (residential) should not be required to (i) subsidize the Municipality by providing seating under her shade trees and (ii) tolerate the trespass, nuisance and probably some refuse which would normally occur. 1006 .~ M + ~'. A ~ AWARD 1• THZS AWARD affects the following lands owned by THE MUNICIPALITY OF CLARINGTON: Courtice Memorial park Part Lot 28, Concession 2 Municipality of Clarington (formerly Township of Darlington) AND the following lands owned by SHIRLEY LOCKS: Part Lot 28, Concession 2 Municipality of Clarington (formerly Townahip of Darlington) 2193 Courtice Road ~, 2• IT IS ORDERED THAT The Municipality of Clarington shall construct and maintain a new fence along the entire common boundary between the Locke property and Courtice Memorial Park at their expense. If there are trees on the boundary line the fence shall be located on the Municipality side of the line, but no adverse possession shall accrue to the Appellant or her successors heirs or assigns. 3• IT IS ORDER THAT the new fence shall be constructed by chain link material of a minimum height of 6 feet (ie the wire must be six feet wide or more). There shall be a steel rail across the top and steel posts every six feet. Each post shall be at least 4 feet into the ground and concreted in place. 4• IT IS FORTHER ORDERED that the new fence shall be constructed on or before June 15, 1996. 5• IT IS FURTHER ORDERED that the costs of the fence viewing as well as the costs of the appeal as determined by the Municipality shall be paid to the Municipality as follows: Municipality - 60$ Mrs. Locke - 40$ DATED AT BOWMANVILLE This 5th Day of February, 1996. n nORMAN A. KOPPERUD, Referee U U