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HomeMy WebLinkAboutWD-32-00 Addendum 'c.; ~....",::o> '-~..... . " -":< -.... - ~. \, ..~ 'Jf -. .-to; .! ,~ ...,. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Meeting: REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #J/J 5 SEPTEMBER 18,2000 Res. #{;~1!-1)./-o Cl Date: Report No.: ADDENDUM TO WD-32-00 Our File: AS.20.30 By-Law # Subject: OAK RIDGES TRAIL Recommendations: It is respectfully recommended that the General Pwpose and Administration Committee recDmmend to Council the following: 1. TIIAT Addendum to Report WD-32-oo be received; 2. THAT the Oak Ridges Trail Association (ORTA) be granted approval to use the specified unopened road allowances in the Ganaraska Forest as shown on the attached map (Attachment No.1), subject to approval by the Ganaraska Conservation Authority; 3. THAT the sections of the trail running from the northwest CDmer ofMosport Park southerly to CDncession Road 8, then easterly to Leskard Road (previously deferred at the July 3, 2000 Council meeting), be approved as shown on the attached map (Attachment No.2); 4. THAT the proposed by-law attached to this report (Attachment No.5) be passed by Council authorizing the use of the unopened/closed r.oad allowances as shown on the attached maps (Attachment No. 1 and 2); 5. THAT Roy Forrester (ORTA - Clarington Chapter), the Ganaraska ConservatiDn Authority and the property owners who expressed concern be advised of Council's decision; and 6. THAT the Townships ofManvers, Scugog and Hope be advised of Council' s decision. 1112 '-" ~ f ~, t. ~ , , ADDENDUM TO REPORT NO.: WD-32-00 PAGE 2 ~ REPORT 1.0 ATIACHMENTS No.1: Key Map - SectionofORTA Trail through the GanaraskaForest No.2: Key Map - Section ofORTA Trail deferred at the July 3, 2000 Council meeting No.3: Report WD-32-00 (Report ouly. Attachments available in Public Works Department.) Correspondence from Roy Forrester to Ganaraska Region Conservation Authority Proposed by-law authorizing the Oak Ridges Trail No.4: No.5: 2.0 BACKGROUND 2.1 Council at its meeting of July 3, 2000 cDnsidered the recommendations in Report WD-32-00 and passed Resolution #GP A-348-00, as follows: "TIIAT Report WD-32-00 be received; THAT the Oak Ridges Trail Association (ORTA) be granted approval to implement the submitted plan to use the specified unopened road allowances, with the exception of the Ganaraska Forest; TIIAT the section of the trail running from the northwest comer of Mosport Park sDutherly to Concession Road 8, then easterly to Leskard Road be deferred back to staff to address the concerns raised by the variDUS delegates; THAT staff report back to the General PurpDse and Administration Committee in September, 2000 on the deferred section of the trail; TIIAT a by-law be forwarded to Council authorizing the use of the approved unopened road allowances; 1113 , ~ ,~ ~ > ~ .' , PAGE 3 , ADDENDUM TO REPORT NO.: WD-32-00 THAT Roy Forrester, Clarington Chapter, ORTA and the property owners who expressed concern be advised of Council's decision; and THAT the Township of Manvers, Scugog and Hope be advised of Council's decision." 3.0 REVIEW AND COMMENT 3.1 Staff have reviewed the following issues regarding sections of the proposed ORTA trail through Clarington: 1) Ganaraska Forest 2) Swamp Road-closed Forced Road, Lots 31 and 32, Concession 8 (Mrs. Harvie) 3) Unopened Road Allowance between Concessions 8 and 9, Lots 33, 34 and 35 (Gould) 4) Unopened Road between Lots 25 and 26, Concession 9 (parker/Kennedy) 5) Mrs. Stuart MacKay, Skelding Road 3.2 Section 1 - Ganaraska Forest Report WD-32-00 outlined concerns expressed by Stephen McMullen, Ganaraska Forest Coordinator, and staffrecDmmended approval of the proposed trail with the exception of the Ganaraska Forest. Staff contacted Ganaraska Region staff and discussed the concerns expressed by Mr. McMullen regarding the proposed trail route through the Ganaraska Forest. Roy Forrester, ORTA, also met with Ganaraska staff and has requested an opportunity to address the Board Authority on Thursday, September 28th, 2000 (Attachment No.4). It is our understanding from Mr. Forrester and Ganaraska staff that they are satisfied with the proposed route using existing trails and unopened road allowances in the Ganaraska, subject to Board approval. It is therefore recommended that ORTA be granted approval for the proposed route using the unopened road allowances through the Ganaraska, conditional on the Authority granting approval. 111 4 , , ~ , ~ _1 , ; ADDENDUM TO REPORT NO.: WD-32-00 PAGE 4 3.3 Section 2 - Forced Road in Lots 31 and 32, Concession 8, former Clarke Township (Swamp Road) (Mrs. Harvie) Roy Forrester (ORTA), Warren Coulter (GRCA) and the Director of Public Works walked the proposed trail formerly knDwn as the Swamp Road. The proposed trail is located on the old road bed and, although visible from the Harvie house for a short distance where it traverses open ground through the old gravel pit, it is approximately 300 to 400 metres (approximately 1000 feet) to the east and follows the Wilmot Creek. By-Law 79-17 stopped up and closed the forced road but ownership remains with the Municipality. ORTA confirmed that the Swamp Road is owned by the Municipality through a legal search at the Registry Office completed by R. Bishop, Court Services Agent. Mr. Forrester has indicated that ORTA would be prepared to provide tree planting, in addition to that already carried out as part of the gravel pit rehabilitation, in order to better delineate the trail through the open area associated with the old gravel pit. It is apparent that priDr works during the operation of the gravel pit ignored the existence of the road allowance through the property. Mrs. Harvie also expressed concern to GRCA regarding the traillDcation and impact on the environment and certain species of insects which have been cited. Warren Coulter, GRCA, reviewed this concern and advises that Conservation Authority has no concern that the trail being located on the old Swamp Road will adversely affect wildlife and insect species. 3.4 Section 3 - Unopened Road Allowance between Concessions 8 and 9, LDts 33, 34 and 35 (Gould) Warren Coulter (GRCA) and the Director of Public Works walked the road allowance adjacent to the Gould property. Although it is recognized that the 111 5 . '. ~ . ' , , ADDENDUM TO REPORT NO.: WD-32-00 PAGE 5 Gould's house is close to the north boundary of the subject road allowance, the proposed trail will be located on the southerly edge of the road allowance. Since the trail is approximately I to 2 metres (3 to 6 feet) wide, this will leave approximately 18 metres of road allowance between their property line and the trail. There is significant tree cover except where the road allowance has been previously cleared and manicured beside the Gould property. This clearing of the Municipality's road allowance was carried out by bDth the previous owners and the Goulds, as the present owners. The replanting of trees could be considered at this location and Mr. Forrester would be prepared for ORTA volunteers to carry this out. 3.5 Section 4 - Unopened Road AllDwance between Lots 25 and 26, Concession 9, former Clarke TDwnship (parker/Kennedy) The abutting property owners dispute the actual location of the road allowance. ORTA retained the services of Mr. Doug Coggan, Ontario Land Surveyor, Brown and Coggan, to identify the location of the road allowance. A Public Works staff member attended the meeting along with the property owners, Roy Forrester and Doug Coggan. Mr. Coggan confirmed the location of the unopened road allowance by physically locating the property bars. The property owners have been reassured that the trail will be located within the boundaries of the road allowance and not on private property. 3.6 Section 5 - Mrs. Stuart MacKay, Skelding Road Mrs. MacKay opposed the proposed location of the Oak Ridges Trail on Skelding Road. A portion of Skelding Road (Road Allowance between Concessions 8 and 9) was closed and conveyed to Mr. and Mrs. Stuart MacKay and Mr. Wilson by By-Law 81-4 in 1981. This was further confirmed by R. Bishop, Court Services Agent, by title search at the Registry Office. This is private property and will not be part of the Oak Ridges Trail. 1116 . . , > ADDENDUM TO REPORT NO.: WD-32-00 PAGE 6 ~ 3.7 The abutting property owners (Harvie, Gould, Parker) are still extremely opposed to the location of the trail adj acent to their properties. In order for the trail tD be continuous and to maintain the concept of a "nature experience", use of the unopened road allowances is the most suitable location. ORTA representatives agree that if problems occur, every effort will be made to control negative impact to abutting properties. In addition, the Municipality has the ability to withdraw approval for use Df the unopened road allowances if any serious problems arise in the future. 4.0 CONCLUSION 4.1 The five trail sections in question have been investigated by staff. Walking of the trail, legal proof of ownership and identification of road allowance/property boundaries reinforces the practicality for locating the trail on primarily unopened road allowances as proposed by the Oak Ridges Trail Association. Respectfully submitted, Reviewed by, ~o~~ Director of Public Works d~~'C.:J~ Franklin Wu, Chief Administrative Officer JCO*SA V*ce 13/09/00 Pc: Oak Ridges Trail Association Mr. Roy Forrester 6 Mill Lane Orono, ON LOB 1MO Ms. Diane Schwartz 3848/3856 Wilcox Road Orono, ON LOB 1MO 1117 ." . ADDENDUM TO REPORT NO.: WD-32-00 PAGE 7 . Township ofManvers 1474 Highway 7A BDX 210 Bethany, ON LOA lAO Township DfScugog 181 Perry Stree}, P.O. BDX 780 Port Perry, ON L9L 1A7 Mr. Doug Ferguson 3757 Concession Road 10 R.R. #2 . Orono, ON LOB 1MO Mr. Wayne Kennedy 84 Beaucage Road Orono, ON LOB IMO Township DfHope Box 85 County Road ND. 10 Port Hope, ON LlA 3V9 Fran Harvie Consultancy Services 8801 Mosport Road Orono, ON LOB lMO Mr. and Mrs. B. Niklaus 55 Metcalf Street East Box 20056 Newcastle, ON LIB 1M3 Dufferin Aggregates Sergio Carbone, Property & Resource Co-ordinator P.O. Box 68 Milton, ON L9T 2Y3 Ms. Cynthia Stevens 3462 Skelding Road Orono, ON LOB 1MO' Mosport International Raceway Mr. Myles Brandt 3233 Concession Road 10 Bowmanville, ON LlC 3K6 Mr. and Mrs. D. Gould "- 9004 Mosport Road Orono, ON LOB lMO Piazza Brooks and Siddons Barristers and Solicitors ATTN: Mr. Michael Siddons 66 Lisgar Street Ottawa, ON K2P OC1 Deborah and Steve Timnouth 3862 Wilcox Road Orono, ON LOB 1MO Mr. and Mrs. L. Parker 9582 Old Hig4way 35 R.R. #2 Orono, ON LOB IMO 1118 -ci 0:: t:- III "C c: ::::J o m :'.~0>': "~,::..:.'<:,,: . ~.>> ~'~S~ \<,,-::,;:... ,.....,... ':v;>~: ................./,.i~...... "C 0:: U c: o , '.. ',,,<", ',C ,,' '.:."' ~.::..',.:;,.. "," :,,"; .' ~.'::.c," "/' ...~...c,', . ,. .1:::: -. .\:";....,,.<,'c..:.<}:.. ........'................ ,,".. " :.:.<-.(,/:.: ;} .<,' ", . ,'r' .,'.,.' ;.;.;',..' _.-,-,~ ~- f ~~--~:rf~{Y ';, ......<.... ......;.-... . ,",' ,::J~fi0'" ry ...~~..r~.~..mJ..~;m :,:\\",,", .;..::.... ,c", . ",.,.:", .... ",".><" -. ,,-. ............;~......... ..>-.':..~~x!).::/;..r::. ", ','~' r .". .........:.:.::,:.,c..</'.::.:':/...;.... ,", -.. '/,' ..j;> /~::::x:::: v ~sX ~-.:c: ":y..\~:" " ,",.".'. ::.<;~;?:.: ': /," ":-.\,."':-:': ':,'~:,'..'. . ," ," ,." :?;-;/::.>#:,.::..::::-..-.~.,: :::.>".:. ."-.. ."::>>." . >.. .." .'." ",;'i,:-.;: .:~j.~~~~i;~1/.:::~'..:~.~..,,;.; .+'~' ::.V\<'.:. it'{t\> '/ · ',::.>~..::..,X;f:/;~:;::.. <(;/:..$;:;~ ..c/'.... 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N -c oCt == p~ Jsas 0> >- w N OJ :lI:: s:: 0 Qj .ll: C") en .p~ pJe)jsal T""" / / C, C") / c'C .- /1 ClI ClI N cnC::: .p~ J.lodsoW C") ell CIl - s:: Cl 'I: CIl ~ ... u Cl ::I Cl 0 0 peo~ aU!lUMol a)jJel::>/uoJ6u!lJea lIdJnw 'p~ sqq! .p~ sqq!E) 1120 " THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: ~- GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # 705 , Date: JULY 3, 2000 Res. #c;//f- 3tff'-ex By-Law #dtYo-l/6. Report No.: WD-32-00 Our File: AS.20.30 Subject: OAK RIDGES TRAIL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the follDwing: 1. THAT Report WD-32-00 be received; 2. THAT the Oak Ridges Trail Association (ORTA) be granted approval to use the specified unopened road allDwances (except through the Ganaraska Forest), as shown on the attached map (Attachment No.1); 3. THAT the prDposed by-law attached tD Report WD-32-00, be passed by Council, authorizing the use of the unopened road allowances as ShDwn on the attached map (Attachment No.1); 4. THAT Roy Forrester, Clarington Chapter, and the property owners who expressed concern be advised of Council's decision; and 5. THAT the Townships ofManvers, SCUgDg and Hope be advised of Council's decision. REPORT 1.0 ATTACHMENTS No.1: Key Map No.2: Report WD-10-99 No.3: Correspondence frDm Mrs. Fran Harvie received May 18,2000 ATTACHMENT NO.: 3 ADDENDUM TO REPORT NO.: WD-3Z-00 1121 REPORT NO.: WD-32-00 PAGE 2 No.4: No.5: ND.6: No.7: No.8: Correspondence from Mr. and Mrs. B. Niklaus dated January 31, 2000 CDrrespondence from Mr. and Mrs. D. Gould received February 14,2000 CDrrespondence from Mr. and Mrs. L. Parker dated July 7, 1999 Register - Public Information Meeting April 20, 1999 Correspondence from Keevan McCrum, President, Long Sault Ridge Runners Snowmobile Club dated February 6, 1999 No.9: Register - Public Information Meeting January 25, 2000 No. 10: Correspondence from S. and D. Tinmouth dated July 23, 1999 No. 11: Correspondence from D. Schwartz dated August 4, 1999 No. 12: Correspondence from D. Ferguson dated August 28, 1999 No. 13: Correspondence from Durham Region Police received March 30, 1999 No. 14: Correspondence from Township ofScugog dated June 3,1999 No. 15: Correspondence from Township ofManvers dated March 25,1999 No. 16: Correspondence from Dufferin Aggregates dated August 6,1999 No. 17: Correspondence from Leigh Parker dated June 15,2000 No. 18: Confirmation from DDUg Coggan, Ontario Land Surveyor, dated June 27, 2000 No. 19: Correspondence from Peter Attfield dated June 16,2000 No. 20: Correspondence from B. Niklaus dated June 19,2000 No. 21:. CorrespDndence from Myles Brandt, Mosport International Raceway dated June 21,2000 No. 22: Correspondence from Stephen McMullen, Ganaraska ConservatiDn Authority dated June 22, 2000 No. 23: Correspondence from Wayne Fairbrother, Templeman, Menninga dated June 23, 2000 No. 24: Proposed by-law 1122 REPORT NO.: WD-32-00 PAGE 3 2.0 BACKGROUND 2.1 Council at its meeting of February 15, 1999 passed Resolution #GPA-86-99 and approved the following Recommendations in Report WD-l 0-99 (Attachment No.2): "THAT the Oak Ridges Trail Association (ORTA) be granted approval, in principle, to use specified road allowances within the former Township of Clarke, to extend the Oak Ridges Moraine Trail, subject to ORTA fulfilling all conditions, as specified in Attachment No.2, to the satisfaction of the Director of Public Works; THAT the Townships of Manvers and Hope be provided with a copy of this report and advised of Council's decision; THAT the Mayor and Clerk be authDrized to execute the proposed by-law authorizing use Df the specified unopened road allowances when all conditions have been fulfilled to the satisfaction of the Director of Public Works; and THAT Mr. Roy Forrester, ORTA Chair, Clarington Chapter, be advised ofCDuncil's decision." 22 Council at its meeting of March 22, 1999 passed Resolution #C-2l2-99: "THAT the proposed amendment to Report WD-10-99, as requested in correspondence dated March 17, 1999, from Roy Forrester, be approved in principle, subject to the same conditions specified in Report WD-l 0-99 and as approved by ResDlution #GP A-86-99; 1123 REPORT NO.: WD-32-00 PAGE 4 THAT the Townships of Manvers and Hope be provided with a copy of the cDrrespondence and map and advised of Council's decisiDn; and THAT Roy Forrester, ORTA Chair, Clarington Chapter, be advised of Council's decision." 2.3 As a result of notification by ORTA to abutting property owners, a number of these owners submitted correspondence and made delegations to Council in opposition to the proposed trail. The cDrrespondence was referred to the Public Works Department to be considered in conjunction with this report, as follows: · Correspondence from Fran Harvie, undated, received May 18, 2000 (Attachment No.3) . Correspondence from Mr. and Mrs. B. Niklaus dated January 31, 2000 (Attachment No. 4) · Correspondence from Mr. and Mrs. David Gould dated January 31, 2000 (Attachment No.5) · Correspondence from Mr. and Mrs. Leigh Parker dated July 7, 2000 (Attachment No.6) 2.4 Two Public Information Meetings were held by ORTA in the Orono Town Hall: 1. Tuesday, April 20, 1999 2. Tuesday, January 25, 2000 2.5 Report WD-lO-99, Recommendation No.2, set out specific conditions to be satisfied by ORTA to obtain final approval from the Municipality. ORTA has advised the Municipality that they have satisfied the conditiDns as specified and they are asking Council to grant approval of the trail route. 1124 REPORT NO.: WD-32-00 PAGE 5 Conditions Imposed by the Municipality in Report WD-l 0-99 (Attaclunent No.2): 1. Notification of Abutting Property Owners: ORTA has advised the Director of Public Works that all abutting property owners, as listed in the assessment rolls of the Municipality, have been notified, in writing, of the proposed trail route. A listing of the abutting owners who were notified is on file in the Public Works Department. It should be noted that the assessment records, where property ownership had recently changed, were not current. However, the Director of Public Works is satisfied, through newspaper ads and notification, that every effort has been made to ensure notification to all abutting owners. 2. Liability Insurance: ORTA has provided proof of Liability Insurance satisfactory to the Director of Public Works. A copy ofthe Policy is on file in the Public Works Department. 3. Release, Waiver and Indemnity Document: ORTA has executed a Release, Waiver and Indemnity Form satisfactory to the Director of Public Works. A copy is on file in the Public Works Department. 4. Conditions 4, 5 and 6 relate to damage to road allowances, modifications to road allowances and continued use of road allowance. The Director of Public Works is satisfied that the Association will maintain the trail and continue to work with the Municipality to ensure the public's safety and protect the environment. The Public Works Department will inspect the trail from time to time to ensure continued maintenance. 7. Signage of the Trail: Upon receipt of final approval from the Municipality, ORTA will supply a map indicating directional signing. 1125 REPORT NO.: WD-32-00 PAGE 6 8. Boundary Roads - Abutting Municipal Approvals: The Townships of Scugog and Manvers have endorsed the development of the trail and the use of the Boundary Roads as part of the Oak Ridges Trail. Copies of the approvals are on file in the Public Works Department. SUMMARY: The Director of Public Works is satisfied that ORTA has fulfilled the conditions of approval set out in Report WD-I0-99 (Attaclunent No.2). 2.6 Opposition by Abutting Property Owners: I. Correspondence from Mrs. Fran Harvie, undated (Attaclunent No.3): Mrs. Harvie, 8801 Mosport Road, has a Purchase and Sale Agreement with Dufferin Aggregates for the property shown on Attaclunent No. 1. Mrs. Harvie's correspondence states that "this "trail" has caused my right to quiet enjoyment" to be breached and the safety of not only my home and outbuildings, my family and my immediate environment including wildlife to be compromised." The route of the proposed trail abuts the subject property as shown on Attaclunent #1. The trail link referred to in Mrs. Harvie's letter is shown as a forced road, closed by By-law #79-17. Ownership has not been confirmed. If ORTA wish to use this section as a loop trail or as a part of their trail, it is recommended that before approval is considered, ownership must be legally confirmed. 2. Correspondence from Mr. and Mrs. B. Niklaus (Attaclunent No.4): Mr. and Mrs. Niklaus own the property shown on Attaclunent 1. Mr. and Mrs. Niklaus report broken fences and damage to property by trespassers. There will be no change required to the road allowance in this location. In the case where fences are on the road allowance, they will remain. Stiles will be provided by ORT A to avoid damage to fences and to discourage motorized vehicles. 1126 REPORT NO.: WD-32-00 PAGE 7 3. Correspondence from Mr. and Mrs. David Gould (Attaclunent No.5): Mr. and Mrs. Gould own the property shown on Attaclunent 1. Mr. and Mrs. Gould report continuous problems with trespassers trying to gain illegal access to Mosport Park. They are also concerned about users staying on the trail. There is no way for ORTA to guarantee only ORTA members will use the road allowance. Further, they have no influence on trespassers attempting to gain illegal access to Mosport Park. The unopened road allowance in this location will be signed and the entire trail will be signed at regular intervals advising users to "stay to marked trail and respect owners' property". There is no alteration required to the unopened road allowance in the vicinity of the Gould's property. Some brushing will be required at the westerly end of the road allowance. 4. Correspondence from Mr. and Mrs. Leigh Parker (Attaclunent No.6): Mr. and Mrs. Parker own the property shown on Attaclunent No. 1. Mr. and Mrs. Parker advised that the location of an existing trail is on private property and that the existing fence divided their property and the Kennedy's. On the advice of the Public Works Department, ORTA engaged the services of Doug Coggan, Ontario Land Surveyor, to establish the boundaries of the road allowance in relation to the Parker and Kennedy properties. Roy Forrester has given assurance to Public Works that the trail will not go on private property. Where the fence is located on the road allowance abutting the Kennedy property, ORTA have committed to providing stiles in this location. Some minor brushing and clearing will be required for the trail. 5. Other Correspondence: Correspondence was received from Mr. and Mrs. Stephen Tinmouth (Attaclunent No. 10), Diane Schwartz (Attaclunent No. 11) and Katherine Braid, in opposition to 1127 REPORT NO.: WD-32-00 PAGES the establislunent of the trail in Concession 9, between Lots 20 and 21. Public Works reviewed this location and agreed that since there was an alternative location, this road allowance should not be used. The proposed north/south location of the trail has been changed to the unopened road allowance between Lots 18 and 19, in Concession 9. The trail location proposed at the north end of these properties is recommended. 2.7 Public Information Meetings: Meeting of April 20, 1999 - Register is Attaclunent No.7 Concerns: 1. Lome Thompson Concerned with putting cross country skiers and snowmobiles on the same trail. Correspondence was received from Keevan McCrum, President, Long Sault Ridge Runners Snowmobile Club dated February 6, 1999. Mr. McCrum states that he does not see a conflict as they currently share use with cross country skiers and dog trainer teams without problems (Attaclunent No.8). 2. Diane Schwartz Trail location is changed. 3. Debbie Tinmouth Trail location is changed. 4. Alex and Connie Wiseman - Lot 9, Concession 9 Concerned about motorized vehicles leaving trail to explore and cause damage and liability issues. 28 REPORT NO.: WD-32-00 PAGE 9 The trail is not intended for use by motorized vehicles. In some locations however, motorized vehicles are presently using the unopened road allowances, without authorization. 5. W. and V. Griffin - Lot2, Concession 9 Concerned that additional people will result in more damage to their property. They are requesting that the trail be fenced to protect their property. ORTA have agreed that they will maintain the trail, however, the request to build a fence is not financially possible for the Association. 6. Sylvie and Leigh Parker Refer to correspondence from Mr. and Mrs. Parker (Attaclunent No.6) and Section 2.6(4) of this report. 7. Wayne Kennedy Mr. Kennedy's questions are: who will pay for fencing; who will ensure snowmobiles etc. do not use trail; who will pay for survey; clean up debris; who will ensure cars do not block driveways; and will it affect taxes? Fencing will not be affected by the trail. Stiles will be used where the trail is intersected by fencing. Actually, existing fencing and obstacles will remain as a deterrent to motorized vehicles. As stated previously, ORT A will maintain the trail. Parking locations have been identified on the trail map (Attaclunent No. I). In this location, the property boundaries and road allowances were identified and marked by an Ontario Land Surveyor. Meeting of January 25,2000 - Register is Attaclunent No.9 Correspondence was addressed directly to Council and referred to Public Works by Council Resolution. 1129 REPORT NO.: WD-32-00 PAGE 10 2.8 Correspondence in Support of Trail: 1. Correspondence from Doug Ferguson dated August 28, 1999 Support for volunteers and advising he is offering to help with the trail. 2. Correspondence from Durham Regional Police received March 30, 1999 Durham Regional Police advising they support this endeavour that promotes conservation and healthy lifestyles. 3. Correspondence from Dufferin Aggregates (Attaclunent No.7): Confirming the proposal for a joint venture to educate the public on pit operations, rehabilitation, etc. and acknowledgement of support for the project. 2.9 Approval of Abutting Municipalities: The Townships of Scugog (Attaclunent No. 14) and Manvers (Attaclunent No. 15) have endorsed the establislunent of the Oak Ridges Trail. 2.10 The Draft Report: Correspondence was received in response to the recommendations in the Draft Report WD- 32-00 as follows (summary of correspondence shown in italics): Correspondence from Leigh Parker dated June 15, 2000 (Attaclunent No. 17). . Mr. Parker advises that he disagrees with the boundaries of the road allowance identified by the surveyor. . Staff confirmed with the Ontario Land Surveyor that in fact, the iron bars are placed correctly and the locations were actually identified from a survey of Mr. Parker's property completed by the surveyor in 1963 (Attaclunent No. 18). 113Q . . REPORT NO.: WD-32-00 PAGE 11 Correspondence to R. Forrester, Oak Ridges Trail Association, from Peter Attfield dated June 16,2000 (Attaclunent No. 19). . Suggestions for incorporating educational area in conjunction with Dufferin Aggregates. Correspondence from B. Niklaus dated June 19,2000 (Attaclunent No. 20). . Mr. Niklaus advises that signs can be put up and taken down. He demands that his property line be properly fenced. He fUrther advises of illegal hunting on his land. He feels the land sold by the Municipality on Morgan's Road was undervalued and should have been given to ORTA instead of being sold, etc. . Mr. Niklaus owns the vacant property south of the proposed trail. Fencing private property is not within the financial scope of ORTA. The illegal hunting etc., and the issue of trespassers is not within the Municipality's or ORTA's jurisdiction; it is a police matter. ORT A has committed to placing signs advising trail users to stay on the trail. Correspondence from Myles Brandt, Mosport Intemationa1 Raceway dated June 21, 2000 (Attaclunent No. 21). · Mr. Brandt is opposed to the ORTA trail because it would create openings for trespassers to Mosport property and it would be impossible to tell who was littering the trail and who would be responsible for cleanup. · ORTA has agreed to eliminate the parking area at the Darlington/Clarke Boundary at Concession Road 8 as it would be difficult to determine whether people were there for a Mosport function or hiking. ORT A have committed to maintain the trail and advise that they will be responsible for cleanup ofthe trail in the area ofMosport. 1131 REPORT NO.: WD-32-00 PAGE 12 · Mosport property boundaries have no security fencing in the area of the proposed trail. ORTA further agreed to close the trail and to not schedule hiking events (during major events at Mosport). . In telephone conversations with Mr. Brandt, he has indicated that trespass during race events has decreased over recent years. Although Mosport would prefer not to see a trail adjacent to their unfenced property boundary, they are generally satisfied with the measures as proposed by ORT A, which are outlined above. Correspondence from Stephen McMullen, Ganaraska Forest Co-ordinator, Ganaraska Region Conservation Authority, dated June 22, 2000 (Attaclunent No. 22), outlines the following concerns. · That the Municipality has confirmed that the trail is following municipal road allowances throughout its length in the area in which it passes through the Ganaraska Forest. . That during trail construction the road allowances can be located and that the trail is established within these road allowances. . That during trail construction no damage occurs to adjacent forest property. · The Conservation Authority would prefer that no new trails be cut on the road allowances that pass through the forest as it is felt that there are enough existing trails in the west forest area. · ORTA should be aware that any new trails established in the western part of the forest will be subject to a variety of recreational uses including motorized use. · There are concerns with the locations of the parking areas, most notably the one shown at the Ganaraska Forest Centre and the first lot shown east of Highway 115 along 1 32 REPORT NO.: WD-32-00 PAGE 13 Boundary Road. These concerns should be resolved through discussion between the Conservation Authority and ORTA. . ORTA advised Staff that they have corresponded and met with Ganaraska Staff regarding the use of existing trails. . Staff met with members of ORT A on Monday, June 26, 2000 regarding the proposed trail link using unopened road allowances through the Ganaraska Forest. It was agreed that approvals to use unopened road allowances from Lot 15 easterly in the Ganaraska would be withheld at this time to allow ORTA to continue to negotiate with GRCA to obtain approval from the Board to use existing trails within the Ganaraska Forest. The next meeting of the GRCA is July 20, 2000. · The concern regarding parking areas has been resolved. ORTA has agreed to eliminate the parking areas. Correspondence from Wayne Fairbrother, Templeton, Menninga dated June 23, 2000 (Attaclunent No. 23). . Templeton, Menninga are the solicitors representing LaFarge Canada Inc. They are advising the Municipality that they will be applying for licence to expand the existing pit area. The application will include the unopened road allowance between Lots 18 and 19 in Concessions 9 and 10. They do not object to the ORTA request but they do not wish to have any permissions that may be granted to ORTA prejudice the company's expansion plans. · Staff, during its meeting with members of ORTA on June 26, 2000, confirmed with them that they are agreeable to work with LaFarge should the application for licence be jeopardized by the Oak Ridges Trail being on the road allowances being Concession Road 10 and between Lots 18 and 19. 1133 REPORT NO.: WD-32-00 PAGE 14 3.0 CONCLUSION 3.1 The Public Works Department has worked directly with ORTA to establish an Oak Ridges Trail link in Clarington. There are a number of locations where the abutting property owners are opposed to the proposed trail location. In each case, ORT A has investigated whether equal or preferable alternatives existed. Where other practical alternatives were available, ORTA was encouraged to use the alternatives and/or satisfy the property owner. A draft copy of Report WD-32-00 was distributed and the comments received in response to the Report are included in this report. Unfortunately, there are still a few locations, as noted, where abutting owners do not support and are opposed to the location of the trail. The Public Works Department is satisfied that the conditions set out as Attaclunent No.2 to Report WD-10-99 have been satisfied. The Director is also satisfied that the Association has made every practical effort to satisfy the concerns of the abutting property owners. The Public Works Department will continue to work with ORTA to ensure the trail is maintained and that the public's safety is a priority. If situations arise where there are problems, relocation of portions of the trail shall be considered. 3.2 The Public Works Department is supportive of the proposed trail location as shown in Attaclunent No.1. It is, therefore, recommended that Council pass the proposed by-law authorizing the trail route proposed by the Oak Ridges Trail Association as shown on the attached map (Attaclunent No.1). Respectfully submitted, Reviewed by, ~U~ Stephen 1\. Vokes, P. Eng., Director of Public Works d0~~M-ic Franklin Wu, Chief Administrative Officer JCO*SA V*ce 1134 REPORT NO.: WD-32-00 PAGE 15 Pc: Oak Ridges Trail Association Mr. Roy Forrester 6 Mill Lane Orono, ON LOB IMO Township ofManvers 1474 Highway 7A Box 210 Bethany, ON LOA lAO Township of Scugog 181 Perry Street, P.O. Box 780 Port Perry, ON L9L lA7 Township of Hope Box 85 County Road No. 10 Port Hope, ON LIA 3V9 Fran Harvie Consultancy Services 8801 Mosport Road Orono, ON LOB IMO Mr. and Mrs. B. Niklaus 55 Metcalf Street East Box 20056 Newcastle, ON LIB 1M3 Mr. and Mrs. D. Gould 9004 Mosport Road Orono, ON LOB IMO Mr. and Mrs. L. Parker 9582 Old Highway 35 RR. #2 Orono, ON LOB IMO 1135 Ms. Diane Schwartz 3848/3856 Wilcox Road Orono, ON LOB IMO Mr. Doug Ferguson 3757 Concession Road 10 R.R #2 Orono, ON LOB IMO Mr. Wayne Kennedy 84 Beaucage Road Orono, ON LOB IMO Dufferin Aggregates ATTN: Sergio Carbone P.O. Box 68 Milton, ON L9T 2Y3 Ms. Cynthia Stevens 3462 Skelding Road Orono, ON LOB IMO Mosport International Raceway Mr. Myles Brandt 3233 Concession Road 10 Bowmanville, ON LIC 3K6 Piazza Brooks and Siddons Barristers and Solicitors ATTN: Mr. Michael Siddons 66 Lisgar Street Ottawa, ON K2P OC 1 REPORT NO.: WD-32-00 PAGE 16 Keevan McCrum, President Long Sault Ridge Runners Snowmobile Club P.O. Box 128 Bowmanville, ON LIC 3K9 Deborah and Steve Tinmouth 3862 Wilcox Road Orono, ON LOB IMO 1136 Oak Ridges Trail Association Clarington Chapter "...... ATTENTION, MUNICIPALITY (j C:.ARING fON RECEiVED Ntl. l Ale -- C':..~s.:::..'.~._ PUBLIC WORKS DEPT. Dit.cUSiWith Pll'..se "f'swer NolIJ t H~iarn';;;:-l --..-.- lnv~ti!:;~'~J ~f~,:.,,:.~, ~ _ ~ lakc~~i(J1l FlI. September 1. 2000 ~-_...------ SEP 0 5 2000 Ganaraska Region Conservation Authority Port Hope, Ontario ..,~ --------- Linda Laliberte, General Manager On behalf or the Oak Ridges Trail Association, Clarington Chapter. I would appreciate the opportunity to address the Board or the Authority on Thu.rsclay. September 28th. 2000 regard- Ing a proposed ORTA hiking trail through the Oanaraska Forest, east wm Lot 17. Concession 9 to the ClarlngtonIHope Boundary Road In the east. I have discussed this matter with Steve McMullen at the Forest Centre along with providing a map outlining the route we wish to take. Also Included was a written description or the route. Mr. Steve McMullen bas Inlormed me that this must noW be presented to the rull Authority at a Board meetiJIg lor their consideration. This proposal Is also to be presented to the Municipality or Clarlngton which may be prior to the September 28th date. Il this Is so then any condition or approval wm the Municipality would be conditional on approval rrom the Authority. The total course through the rorest Is some 10 kilometers In length passing along well used trails or both Forest trails and Road Allowances. There Is no need to cut new trails nor trim existing trails. I do reel there is agreement or near agreement rollowing my discussions with Mr. Steve McMullen. The proposed agreement would, - Allow the designation or an Oak Ridges TraIl through the western section or the Forest using existing trails. - Permit the recognition or the Association's membership on the designated trail. - Allow slgnage or the trail. a trail that Is open to use by other permitted users. - Require a Speclal Events permit, $60.00. ror any advertised Association event In which participants numbered more than nine. - Be co-lnsured on the Assoclatlon's $2 million Liability Insurance policy along with the signing or a Release. Waiver and Indemnity agreement. - Share in inspection or the trails and clean-up. - ORTA will not establish a parking lot on the boundary road near the Forest Centre. Il there are concerns please do not hesitate to contact me. ~rs~~;ft; Roy ~rrester P.O. Box 79. Orono. Ontario LOB IMO cc: Steve McMullen. Forest Center Janet O'Neil. Public Works. Clarlngton 1137 ATTACHMENT NO.: 4 ADDENDUM TO REPORT NO.: WD-32-00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2000- Being a by-taw to authorize the use of the unopened road allowances shown on the Map attached as Schedule A by the Oak: Ridges Trail Association, Clarington Chapter WHEREAS Council at its meeting of July 10,2000, considered Report WD-32-00 and passed Resolution GPA-348-00, and authorized the use of the unopened road allowances, as shown on the Map attached as Schedule A to By-law 2000- AND WHEREAS CounciL at its meeting of September 18th, 2000 considered the Addendum to Report WD-32-00; AND \VHEREAS the Oak Ridges Trail Association has satisfied the conditions specified in Report WD-32-00 and Addendum to Report WD-32-00; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Claringtoll approves [he use 0 f the unopened road allowances shown on the Map as Schedule A to this by-law. By-law read a first and second time this 16th day of October 2000. By-law read a third time and finally passed this 16th day of October 2000. MAYOR CLERK 1138 ATTACHMENT NO.: 5 ADDENDUM TO REPORT NO.: WD-32-00