Municipality of Strathroy- Caradoc

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1 Municipality of Strathroy- Caradoc Page 1 of 2 Staff Report Directed to: Mayor Vanderheyden and Members of Council Meeting Date: Sept. 2/14 Prepared by: Department: Subject: Angela Toth, Director, Corporate Services Ralph Coe, C.A.O. Attachment(s): Maps, Letter from Marvin Recker Director, Corporate Services Department Request to Close an Unopened Road Allowance East and West of Wonnacott Road, Caradoc Township Recommendations: THAT: the request to close and dedicate the unopened road allowance be denied for the following reasons, 1. The unopened road allowance is not surplus to the needs of the municipality and another agency; 2. Is a valuable forest cover and has potential for future development. (Utility corridor, trails, etc.); 3. To close this unopened road allowance does not achieve the purpose of the request. Background Mr. Marvin Recker, in his letter of August 5, 2014, is requesting that the said unopened road allowance be closed and deeded to abutting property owners. The reason for the request is an attempt to reduce or eliminate trespass to his property and neighbouring farms. Mr Recker attended at the town hall and met with staff to discuss his request. While Mr. Recker s concerns have merit and trespass issues have been confirmed, closing the unopened road allowance would not resolve the trespass problem as there are multiple entry points to Mr. Recker s property and that of his neighbours. In collaboration with staff and police, it was felt that continued enforcement of the trespass issue is the best course of action at this time. Comments: Staff toured the site and made the following observations: 1. There is a pathway adjacent to the unopened road allowance that appeared to be used. (See photo provided). 2. There was no damage to crops observed at this time 3. The unopened road allowance was fenced off at both ends and did not appear to be used. Page 1

2 4. There were many access points to the farms. Closing the unopened road allowance would not solve the problem. 5. The landowner has put up No Trespassing signs and a fence at both ends. In order to administer requests for municipal land fairly and consistently, staff intend to review all of the Municipality s surplus lands in order to develop policy for its use or preservation. Consultation: Chief of Police, Director of Building/Drainage, Roads Manager, Ministry of Transportation. FINANCIAL IMPLICATIONS: None. Prepared by: Reviewed by: Angela Toth Director, Corporate Services Ralph Coe Chief Administrative Officer 2

3 Municipality of Strathroy Caradoc 52 Frank Street Strathroy, Ontario N7G 2R4 August 5, 2014 Re: Trespassing on unopened road allowances east and west of Wonnacott Road (Concession #2 and the townline between Strathroy Caradoc and Middlesex Centre). I am told that Concession #2 road and the townline allowance has not been used for many, many years. It may have never been actually used although there appears to have been some grading done at some time in the past. This roadway is being used by motorized vehicles (motor cycles, all terrain vehicles, snowmobiles), horseback riders and pedestrians to gain access to trespass on the Wonnacott property and other private property along the Thames River flats to the east of the Wonnacott property. As public property the use of the roadway cannot restricted / prohibited. The trespassers engage in a variety activities such as partying, poaching of deer and other wildlife, damaging the environment, cutting fences and removing gates which permit livestock to become a traffic hazard on highway 402 and Glendon Drive. There have been minor problems with stealing produce grown on the property in the area. My sons and I have over the years have assisted the tenants of the Wonnacott property in maintaining the fences and gates to control the livestock. Paul Wonnacott of Rockville, Maryland manages the property for the family. The Wonnacott and my property are currently leased by John Henderson, previously the properties were leased by Grand Bend Produce. For about 30 years I was associated with Grand Bend Produce and was requested to monitor any unwelcomed activities on these properties as well as other properties in the area on which they grow potatoes. It is common to have unauthorized vehicle traffic to pass through the crops of the farms adjacent to the unopened road allowances. Catching the offenders is a challenge. Dirk Goetz and his wife Mary Ann rent a house on the Wonnacott property and have suffered serious trauma. Trespassers on motorized vehicles in the middle of the night have circled the house and shown lights into the windows. The 2012 deer season was particularly troubling, Mary Ann was in the yard near the house when gun shots were whizzing through the trees overhead, she telephone the police, who could hear the gun fire over her telephone, she was advised not to go outside during deer season. Dirk Goetz and my sons (Chris and Andre) are the only people authorized by Paul Wonnacott to hunt on his property. Before they hunt they coordinate where they will be and communicate by radio to avoid any potential problems. During the 2013 deer season the Wonnacott woodlot was having the timber harvested, the hundred or so deer in the area were dispersed far and wide. As a result there were no problems with poachers

4 during the deer season. However before the deer season I could hear gun shots coming from the rear of the Wonnacott property. The closing of the unopened road allowances in the area will not solve all the problems with trespassers but could help. Signs are posted prohibiting trespassing, In the past we have stopped trespassers and given stern warning or have called the police to have the persons charged with trespassing. Since the roadways are public land we do not have any authority for such actions. The game wardens are aware of the problems and have attempted to assist in curbing the problems. If the roadways were legally closed we could put up barriers to restrict access to the lands east and west of Wonnacott Road. If the Municipality is not willing to transfer the ownership of the subject lands to the adjacent property owners, I or we could arrange to lease the land from the Municipality thus facilitating our legal authority to control access and prevent trespassing. Irrigation piping of water from my pond to the Wonnacott, Peeters and Maes properties pass through the right of ways. This has been in effect for several years. Marvin Recker 1460 Norman Ave London, Ontario N6K 2A7 (519) mrecker@mnsi.net

5 GLENDON DR Peeter's WONNACOTT RD HW Y 40 Maes' Landowner Trail 2 Recker's AMIENS RD UNOPENED ROAD ALLOWANCE MAP East and West of Wannacott Road Caradoc Township MTO Culvert Unopened Road Allowance Wonnacott's. SCALE 1:4,000 DATE: Unopened Road Allowance View From Hwy 402 Landowner Trail Beside Road Allowance

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