agenda · 4.2 ca1310 list of accepted artefacts for 2011 and 2012 – westfield heritage village...

NOTICE OF MEETING

CONSERVATION ADVISORY BOARD

Thursday, May 9, 2013

7:00 p.m.

at Powell Pavilion, Valens Lake Conservation Area 1691 Regional Road 97, Flamborough

AGENDA

1. CHAIRMAN’S REMARKS ~ Topalovic

2. DECLARATION OF CONFLICT OF INTEREST

3. DELEGATIONS

4. CHAIRMAN’S REPORT ON BOARD OF DIRECTORS ACTIONS ~ Topalovic

4.1 CA1308 Spencer Gorge-Webster’s Falls Conservation Area Master Plan 4.2 CA1310 List of Accepted Artefacts for 2011 and 2012 – Westfield Heritage Village 4.3 CA1311 Project Technical Advisory Committee – Hamilton-Halton Watershed Stewardship Program

5. APPROVAL OF MINUTES OF PREVIOUS MEETING

5.1 Minutes – Conservation Advisory Board (April 18, 2013) ~ Topalovic 6. BUSINESS ARISING FROM THE MINUTES

6.1 CAB Tracking Report ~ Kenny

7. NEW BUSINESS

7.1 Natural Areas Inventory Project – Nature Counts 2 ~ Schwetz 7.2 ATV Use – HCA Conservation Areas ~ Costie

8. OTHER NEW BUSINESS

9. NEXT MEETING – Thursday, June 13, 2013 at 7:00 p.m.

10. ADJOURNMENT

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HAMILTON CONSERVATION AUTHORITY

Conservation Advisory Board

MINUTES

April 18, 2013

Minutes of the Conservation Advisory Board meeting held on Thursday, April 18, 2013 at HCA’s Woodend Administration Building, commencing at 7:00 p.m. PRESENT: Maria Topalovic, Chair

John Barkovic Sean Botham Dan Bowman Kristen Brittain

Lydia Cartlidge James Howlett Donna Kydd Cheryl Larocque Chris Michels Duke O’Sullivan Robert Pasuta Morgan Pirie John Shaw Mary Tice

REGRETS: Rob Booth, Santina Moccio, Gord Costie (HCA Staff) OTHERS PRESENT: Joan Bell, Sandy Bell, Alex Bouwmeester, Lisa

Burnside, Chris Firth-Eagland, Bruce Harschnitz, Tony Horvat, Darren Kenny, Judy Love, Bruce Mackenzie, Neil McDougall, Sheila O’Neal, Scott Peck - HCA Staff

Richard Leitner - Media 1. CHAIR’S REMARKS

Maria Topalovic, Conservation Advisory Board (CAB) Chair, welcomed the members to the meeting and passed on regrets from those members not able to attend. She then asked for a motion to table agenda item 7.3 ATV Use – HCA Conservation Areas as Gord Costie (HCA staff) was absent due to illness. This was agreed to by the members.

2. DECLARATION OF CONFLICT OF INTEREST There were none.

Conservation Advisory Board April 18, 2013

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3. DELEGATIONS

There were none. 4. CHAIRMAN’S REPORT ON BOARD OF DIRECTORS ACTIONS

4.1 CA1303 Draft HCA Section 28 Regulatory Compliance Guidelines Maria reported that item CA1303 was approved at the March 7, 2013 Board of Directors meeting.

5. APPROVAL OF MINUTES OF THE PREVIOUS MEETING

5.1 Minutes – Conservation Advisory Board (February 14, 2013) CA1305 MOVED BY: Donna Kydd

SECONDED BY: John Shaw THAT the minutes of the Conservation Areas Advisory Board meeting held on February 14, 2013 be accepted.

CARRIED

6. BUSINESS ARISING FROM THE MINUTES

6.1 CAB Tracking Report Darren Kenny briefly reviewed the April tracking report highlighting the item approved by the Board of Directors at the March 7, 2013 meeting and updating the members on the status of the Agricultural Committee presentation that has been on the tracking report since 2006. A presentation was recently provided to the committee by Conservation Halton (CH) staff on the recent amendments to the Section 28 regulations for both CH and the HCA. Staff feel that with this update on the current regulation status and the fact that the regulation has now been in effect for almost 7 years, this item can be removed from the tracking report. CA1306 MOVED BY: Duke O’Sullivan

SECONDED BY: Mary Tice THAT the April, 2013 tracking report be received as presented.

CARRIED


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6.2 CAB Governance – Terms of Reference Lisa reviewed her report outlining proposed changes to the CAB governance structure and Terms of Reference as initially discussed at the February, 2013 CAB meeting. She informed the members that those not in attendance at the February meeting were polled by e-mail. The two changes proposed were to membership composition (minimum 18 members, maximum 20) and term length (6 yrs). Lisa then asked for approval of the staff recommendation. Morgan Pirie asked if the tern length will impact existing members, or just apply to new members. Lisa stated that the new term length would apply to both existing and new CAB members.

CA1307 MOVED BY: Dan Bowman

SECONDED BY: Donna Kydd THAT the Conservation Advisory Board recommends to the HCA Board of Directors: THAT the Conservation Advisory Board Terms of Reference, dated March 28, 2013, as revised, be approved.

CARRIED 6.3 Spencer Gorge-Webster’s Falls Conservation Area Master Plan Sandy Bell reviewed his report and provided a presentation outlining all of the proposed master plan changes. The presentation included those items agreed upon by the members at the March site visit and those to be further discussed and evaluated such as the staircase access and Bruce Trail connection. Sandy stated that the intent of the report was to bring forward those items agreed upon by CAB to the Ministry of Natural Resources and Niagara Escarpment Commission for approval and address the remaining items in the near future. Sandy then asked for approval of the staff recommendation as presented. Maria concluded by thanking those CAB members that attended the March site visit for their participation.

CA1308 MOVED BY: Morgan Pirie

SECONDED BY: Donna Kydd

THAT the Conservation Advisory Board recommends to the Hamilton Conservation Authority Board of Directors:


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THAT the revised recommendations in the staff report dated April 8, 2013 for the Spencer Gorge-Webster’s Falls Conservation Master Plan be adopted; and THAT the revised master plan and approval statement be submitted for formal approval by the Ministry of Natural Resources and the Niagara Escarpment Commission that the plan conforms to the Niagara Escarpment Plan in accordance with the Niagara Escarpment Planning and Development Act; and THAT staff be directed to continue to research and consult with the City of Hamilton and the local community on the remaining unresolved management issues related to the Spencer Gorge stairs and the provision of trail access to the Spencer Gorge-Webster’s Falls Conservation Area from Dundas; and THAT the City of Hamilton be requested to consider installation of a pedestrian-activated signalized crossing of Hwy #8 in the area of the CN rail bridge corridor; and further THAT the City of Hamilton be requested to undertake a comprehensive Community Parking Plan to address on-street parking in Greensville in the areas in proximity to Spencer Gorge-Webster’s Falls Conservation Area.

CARRIED 6.4 Maplewood Hall, Dundas Valley Conservation Area Tony Horvat provided a detailed presentation on Maplewood Hall including the history of the property, previous land use and facility maintenance to-date. Tony then presented a summary of the future maintenance and upgrades necessary for the property and associated costs. Based on the findings of the report and the comparison of revenue generated with long-term maintenance and upgrade costs, it was the staff recommendation to demolish the facility and naturalize the site. Tony then asked for approval of the staff recommendation. There were comments from the members that perhaps all opportunities for future operation of the property need to be investigated. Among the suggestions were that perhaps the facilities could be marketed in a different way to attract more revenue, or perhaps the HCA could put out another request for proposals for private use/maintenance of Maplewood. After further discussion, it was agreed to


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table the item until a future meeting to allow staff to further investigate other options for future use of the Maplewood property.

CA1309 MOVED BY: Duke O’Sullivan

SECONDED BY: Jim Howlett

THAT item 6.4 - Maplewood Hall, Dundas Valley Conservation Area be tabled to a future meeting subject to direction to HCA staff to investigate alternative options for use of the Maplewood property and bring forward a report to CAB.

CARRIED

7. NEW BUSINESS 7.1 List of Accepted Artefacts for 2011 and 2012 - Westfield Heritage Village

Sandy Bell presented the list of artefacts accepted over 2011-2012 and asked that the list be accepted by the members. He stated that CAB and HCA Board of Directors approval of the items donated was required in order to comply with museum legislative requirements. CA1310 MOVED BY: Dan Bowman

SECONDED BY: John Barkovic

THAT the Conservation Advisory Board recommends to the Board of Directors: THAT the list of accepted artefacts for Westfield Heritage Village for 2011 and 2012 be approved.

CARRIED 7.2 Project Technical Advisory Committee - Hamilton-Halton Watershed

Stewardship Program Sheila O’Neal provided background on the Hamilton-Halton Watershed Stewardship Program, grant programs and the grant application process, as well as details on the advisory committee structure and responsibilities. Sheila stated that a summary report of the projects approved for funding would be brought to CAB at the end of the year. Sheila then asked that the advisory committee members be appointed for the 2013-2014 term. CA1311 MOVED BY: Cheryl Larocque


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SECONDED BY: Morgan Pirie THAT the Conservation Advisory Board recommends to the HCA Board of Directors: THAT the responsibilities of the Project Technical Advisory Committee for the Hamilton-Halton Watershed Stewardship Program be approved as identified in the staff report of April 11, 2013; and further THAT the members on the Committee be appointed for the period of April 1, 2013 to March 31, 2014.

CARRIED

7.3 ATV Use – HCA Conservation Areas Due to Gord Costie’s absence, it was agreed by the members to table this item to the May 9, 2013 meeting. CA1312 MOVED BY: Dan Bowman

SECONDED BY: Chris Michels THAT agenda item 7.3 ATV Use – HCA Conservation Areas be tabled to the May 9, 2013 CAB meeting.

CARRIED 8. OTHER NEW BUSINESS

There was none.

9. NEXT MEETING

The next meeting of the CAB is scheduled for Thursday, May 9, 2013.

10. ADJOURNMENT

On motion, the meeting was adjourned.

Memorandum To: Members of the Conservation Advisory Board

From: Chris Firth - Eagland, CAO

Prepared by: Darren Kenny, Watershed Officer

Date: April 29, 2013

Re: May 9, 2013 CAB Tracking Report

Meeting Date Formal Recommendation Idea/Comment Board Approval

Action/Status

April 18, 2013 CAB Terms of Reference and Governance – Recommendation that the Conservation Advisory Board Terms of Reference, dated March 28, 2013, as revised, be approved.

Pending – May 2, 2013

April 18, 2013 Spencer Gorge-Webster’s Falls Conservation Master Plan – recommendation to adopt plan, submit approval statement be submitted for formal approval by the Ministry of Natural Resources and the Niagara Escarpment, and continue investigation of unresolved items


April 18, 2013 Accepted artefacts for Westfield Heritage Village for 2011 and 2012 – Recommendation to approve list of accepted items.


Meeting Date Formal Recommendation Idea/Comment Board Approval

Action/Status

April 18, 2013 Project Technical Advisory Committee for the Hamilton-Halton Watershed Stewardship Program – Recommendation Pending – May 2, 2013to approve responsibilities of members and appoint members for April, 2013-March 2014 period.


April 18, 2013 Maplewood Hall – Recommendation to table matter of future use of the property.

N/A HCA staff to investigate alternative options for use of the Maplewood property and bring forward a report to CAB at a later date.

August, 2011 Veldhuis Property Restoration Plan - Recommendation to

approve the Landscape Restoration Plan for the Veldhuis property and forward the plan to the City of Hamilton and Royal Botanical Gardens.

September, 2011

Board of Directors approved this recommendation at their September meeting. HCA and City staff have met to discuss comments provided by the Public Works and Planning departments and will be continuing to dialogue regarding the project.

Nov 25, 2010

HCA Strategic Plan – 2012 to 2016 – The members advised that the next strategic plan should address human resource needs, not just financial needs – job training/retraining; the members also suggested that the HCA may wish to contemplate a 3-

N/A HCA staff will take these suggestions to the Steering Committee that will be established to guide the development of the strategic plan. Update - A 5 year draft strategic plan including both financial and human resource needs will be completed by Summer, 2013

year strategic plan this time as things change quickly in the world today and a shorter plan may allow for HCA to react to changes more easily.

June, 2010 Confederation Park Master Plan Update

N/A The City of Hamilton is undertaking several reviews and assessments of Confederation Park to determine the costs and feasibility of implementing the development concepts presented in the plan. City and HCA staff have been involved in discussions during this process.

Memorandum TO: Members of the Conservation Advisory Board FROM: Chris Firth-Eagland, Chief Administrative Officer (CAO) RECOMMENDED BY: T. Scott Peck, Director, Watershed Planning & Engineering PREPARED BY: Nicholas Schwetz, Acting Natural Areas Inventory

Coordinator DATE: March 13, 2013 RE: Yearly Update to the Natural Areas Inventory Project:

Nature Counts 2 BACKGROUND In 1976, a review of exiting natural areas information was summarized by Ecologistics and recommendations for environmentally significant areas were made to the Region. This review resulted in the creation of designated Natural Areas within the former region of Hamilton-Wentworth. The first Natural Areas Inventory (NAI) took place from 1990-1991 as a result of the information attained by Ecologistics. 92 natural areas were inventoried in Hamilton-Wentworth under the supervision of the Hamilton Naturalists’ Club. It produced a two-volume “state-of-the-natural areas” report including site summaries, flora and fauna checklists, and watershed summaries; a database and technical library supporting this report; hardcopy maps of these natural areas displaying their boundaries, significant species locations, and some vegetation communities. This report also formed the basis for the Region’s designation of ESA’s in its Official Plan. The second NAI occurred from 2001-2003, and was a partnership between the City of Hamilton, the Hamilton Naturalists’ Club, and the Hamilton Conservation Authority. Named Nature Counts, the products of this inventory are a two-volume final report entitled the Nature Counts Project: Hamilton Natural Areas Inventory which included site summaries with site evaluations and recommendations; an annotated checklists of flora and fauna; updated MS Access and GIS natural areas databases; GIS-based mapping of natural areas boundaries; Ecological Land Classification of vegetation units and rare species locations; and the Atlas of the Mammals of Hamilton. The Nature Counts 2 Project began in 2010 and will finish this year (2013).

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STAFF COMMENT To date, the Nature Counts 2 Project has inventoried 38 natural areas within the City of Hamilton. 622 vegetation communities (polygons) totalling 2803 hectares have been identified in 12 natural areas using the Ecological Land Classification (ELC) protocol. A new Tallgrass Prairie site was discovered in the Dundas Valley in 2011, and the butternut tally is up to 326 individuals. In 2011, consultants observed a total of 297 species of flora and fauna: 119 birds, 71 butterflies, 73 odonates, 2 plants, 14 mammals, and 18 herpetofauna. 2012 surveys calculated 256 species: 112 birds, 58 butterflies, 59 odonates, 2 plants, 11 mammals, and 14 herpetofauna. This year, the focus will be on natural areas in Flamborough, mainly adjacent to Halton Region. The deliverables of the project are currently being finalized. The NAI report is being updated with data obtained from 2011 and 2012. The species checklist will be finalized once all data has been collected at the end of the field season this year. The two NAI videos (a 15 minute video and a short 2 minute clip) will be filmed and completed this summer. An updated Naturally Hamilton! booklet will be finalized within the next few months. AGENCY COMMENTS Not applicable. LEGAL/FINANCIAL IMPLICATIONS Not applicable. The Nature Counts 2 Project has received funding from various partners and supporters. CONCLUSIONS The Nature Counts 2 Project is in its final year of a three-year inventory. This year inventories will be carried out in natural areas bordering Halton Region. Birding, botany, and ELC will continue to gather data that will be added to the new report. At the end of the year, an updated NAI will be published along with an accompanying CD, a revised annotated species checklist, a Nature Counts 2 video, and an updated Naturally Hamilton! booklet. Housed at the HCA will be GIS mapping of ESA’s, vegetation communities, rare species locations, and rare habitats.

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Memorandum TO: Conservation Areas Advisory Board FROM: Chris Firth Eagland, Chief Administrative Officer (CAO) RECOMMENDED BY: Bruce Mackenzie, Director Operations PREPARED BY: Gordon R. Costie, Superintendent Valens Lake Conservation Area DATE: March 27, 2013 RE: Unauthorized ATV Use - HCA Conservation Areas INTRODUCTION This report is an update to the status of illegal ATV use on HCA lands and highlights new developments, subsequent to the enclosed 2007 Memorandum – Appendix “A”. Unauthorized ATV use has continued across all HCA conservation areas listed in the 2007 Memorandum. Limited headway has been gained towards curbing/eliminating this unauthorized activity. It has remained a constant and steady trespass on HCA conservation areas as well as on private agricultural lands. On March 19, 2013, a meeting was hosted by City of Hamilton, Councillor Brenda Johnson and Councillor Robert Pasuta at the Glanbrook Municipal Building regarding “Unauthorized ATV Use”. Included in attendance – Hamilton Police Service (HPS), Local Agricultural Community, and Hamilton Conservation Authority Staff – Chris Firth-Eagland, CAO and Gordon Costie, Superintendent. A meeting recap and article by Councillor Johnson has been enclosed (Appendix “B”) for your reference. At the meeting, it was made abundantly clear that the Agricultural Community has been pushed to their limit. They sent a clear message to the HPS that they have had enough of unauthorized ATV use on their lands. The HPS did announce that they have purchased two ATV’s that will be used for enforcement patrol. They are asking for help from the community in calling in all sightings of unauthorized ATV use along with all of the pertinent details. The HPS have promised to do their part in stepping up all enforcement avenues.

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STAFF COMMENT The message that was presented at the meeting from HCA Staff outlined the following points:

• The HCA is also a land owner negatively affected by unauthorized ATV use. With over 11,000 acres in property holdings we share the same issues and concerns as our agricultural neighbours.

• The HCA lands are designated as conservation and environmentally sensitive areas.

• The HCA has spent in excess of $100,000 in trying to prevent unauthorized ATV use in

the form of gates, fences, and trail repairs all caused by ATV’s.

• The HCA has Provincial Offence Officers on staff that have been designated under the Conservation Authorities Act and can assist in enforcement of unauthorized ATV use. The HCA is also looking for help and new direction from the HPS.

CONCLUSIONS Gordon Costie has been appointed as the lead HCA contact for unauthorized ATV use. He will coordinate the management of this issue across the watershed and report his findings through the Director of Customer Service, Bruce Mackenzie. The HCA will foster the relationship and enforcement strategies with the HPS – ATV Patrol Unit. Trail locations, maps, ESA’s, and known staging areas will be covered. The HCA will provide on the ground access for training and enforcement development for the HPS on conservation areas as determined. HCA signage and postings will be reviewed across the watershed as needed. The HCA will make the issue of unauthorized ATV use as part of their regular monthly meetings to collaborate with other HCA staff and to keep them informed of developments. The HCA will make contact with local neighbours and the agricultural community to inform and share information in areas of high unauthorized ATV use. A year end summary report will be submitted through the Director of Customer Service to the Conservation Advisory Board.

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Appendix “A”

Memorandum TO: Conservation Areas Advisory Board FROM: Tony Horvat, P. Eng., Director of Land Management PREPARED BY: Don McConnell, Manager of Fleet and Construction DATE: August 1, 2007 RE: All Terrain Vehicles – Issues on Conservation Areas 1.0 Introduction Unauthorized motorized vehicles are prohibited in all conservation areas owned by the HCA. However HCA staff and the public are reporting an increasing amount of unauthorized motor vehicle access onto conservation areas – particularly by “All Terrain Vehicles” (ATV). These vehicles are having an increasing negative impact on Environmentally Sensitive Areas (ESA) and are a potential safety hazard to other users. The vehicles are also causing damage to the properties and crops of neighbouring land owners. The following is a list of problems on HCA Conservation Areas:

• Fletcher Creek – ATV’s creating additional trails and destroying ESAs • LaFarge Trail 2000 – ATV utilization – neighbours adjacent to trail allowing

access through their property – entry also at pipeline crossings right of ways • Westfield Heritage Village – ATV’s bogging through swamp and destroying

ESAs, creating new trails in conservation area west of the Village • Christie Lake – ATV trail riding – western end of park • Dundas Valley – ATV’s gain access to Rail Trail at road intersections • Chippawa Rail Trail – ATV’s gain access through road intersections and hydro

right of way • Dofasco Trail – ATV utilization • HCA leased agricultural properties – complaints regarding crop loss

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This report provides background information as an initial step to determining appropriate strategies and actions to be taken by the HCA to reduce and manage these unauthorized motorized vehicles. 2.0 Background Information and Issues ATV’s have outgrown their original purpose. In the early 1960’s the ATV was introduced to the public in the form of a 6 or 8 wheeled amphibian machine used for hunting and fishing and farm purposes. In 1970, Honda built the first 3 wheeled off road vehicle as a vehicle for agricultural purposes as a “farm hand”. The first “four wheeler” was introduced in 1983 by Suzuki – a recreational machine for beginners. These implements of husbandry were great for checking fences and checking on herds of cattle. Today ATV riding is a fast growing recreational sport in North America. ATV’s are reasonably inexpensive to purchase, often less that $10,000. They were originally sold only by a limited number of dealers for farm purposes. By 2006, these machines are being sold by stores such as Wal-Mart, TSC, Canadian Tire, Zellers and Costco. These types of stores often make bulk purchases, a container load at a time, from offshore countries. They often do not register or service them, resulting in an inexpensive 4 wheel drive “consumer play toy”. Anyone can buy an ATV, but you require a large amount of property to enjoy them. When people with a minimum amount of property purchase an ATV and have nowhere to run them they often head for the country and run anywhere they see a trail, whether they have permission to run on the property or not. This leads to the issues that arise at our conservation areas such as Westfield Heritage Village. Anyone can drive an ATV with minimal training.. By Ontario Provincial law, under the Highway Traffic Act, the operator must be 16 years old with a valid G2 license and the machine must be registered, licensed and insured. If you are operating an ATV on your own property, the owner does not need to meet any MTO requirements. However, it appears that many parents allow (or are unaware of) their children driving ATVs onto other properties thereby violating any or all of MTO regulations.

• In 2005, there were 291,000 ATV’s registered in Ontario • Ontario Federation of ATV’s, a provincially organized group, however, reports

that there were approximately 410,000 ATV’s in Ontario in 2005 • A fast growing recreational industry in recent years – this has lead to greater

conflict between ATV users and child-safety advocates, rural land owners, fellow outdoor enthusiasts and environmentalists.

The police have difficulty enforcing ATV regulations because they often can’t safely stop the operators due to the off-road capabilities of the ATVs. Often, if police see an ATV being operated on a roadside or trail intersection, they may try to question them; however, the ATV has the option to go off-road so police cannot follow in their police cars.

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There is apparently no provincial legislation or enforcement at the point of ATV sale or resale. It is the responsibility of the purchaser to register and insure the machine within 6 days of purchase. The seller has no responsibility. This is why there is a difference in the 2005 statistics with 119,000 more ATVs in Ontario than the number which is registered. Reputable dealers continue to attempt enforce the existing MTO legislation. ATV operators are causing damage to farmer’s crops and environmentally sensitive areas (ESAs). Farmers have been vandalized by ATV operators who operate their machines across farmer’s fields without permission, causing significant financial damage. Rubber tired machines create a lot of damage to the terrain in contrast to snowmobiles that operate in frozen conditions and on top of the terrain. These tire trends dig channels that may drain boggy areas, increase sedimentation in streams at crossings and cause bank erosion. Mud bogging is a popular activity in wet areas which contributes to destroying ESAs. (See attached article from Brantford Expositor – “ATVs Causing Damage to Farmers’ Crops”) HCA leases agricultural land to local farmers who share the same concerns as expressed above. In Brant County, Gray County and Cobourg areas, the OPP have acquired ATV’s through private donations to assist in curbing these problems. It is extremely difficult to curtail ATV access to private and public property. It is apparent that ATVs knowingly trespass. The property owner may be liable for accidents on their property whether the operator has permission for entry or not. ATVs often gain access by cutting fences or opening gates. HCA has erected fences to stop ATV access to properties only to have the fences cut. HCA staff have also dug trenches with backhoes and ATVs utilize the trenches as a challenge to gain access – jumping over, etc. Armour stone has been strategically placed at trail entrances adjacent to HCA property – this is often a short term fix as ATVs merely move 20 feet down the perimeter and create a new entry point. HCA property has been posted with signs and the signs have been removed At Westfield Heritage Village, ATVs gain access directly from Highway 8 and Regional Road 552, run on the trails, and create new trails through the swamp land and ESAs. There are limited public venues available for ATV related recreation such as ATV trails, motocross courses, hill climbing courses, etc. To address this lack of public access for snow mobiles, snowmobilers have organized their individual clubs into the OFSC (Ontario Federation of Snowmobile Clubs). OFSC lease and maintain trails across Ontario which are open to their membership only. There are only a very small percentage of owners who are organized into ATV clubs. The OFATV (Ontario Federation of All Terrain Vehicles) association has low membership. There is no incentive to join this association to create funds to organize trails in the same manner as OFSC. Current fines for illegal ATV trail riding are low and seldom enforced. Most ATV operators would see no benefit today in joining a club.

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3.0 Preliminary Action Plan In the short term, HCA staff will work to establish a budget to implement an education program about the restrictions on motorized vehicles on HCA properties including production of materials to be distributed at/to:

o Dealers o Owners/general public o Drivers and riders o Ads in newspapers – (also identifying HCA properties) o Posters at dealers o Flyers/mailers o Public information meetings

In the future, longer term, HCA staff will investigate and consider the following:

• Restrict access with more physical barriers and/or fencing • Approach or partner with OPP/Service Club/Manufacturer for donations for

enforcement equipment and increased enforcement presence at conservation areas • Promote the organization of ATV Clubs (similar to Ontario Federation of

Snowmobile Clubs) to encourage education, etiquette and self-regulation • Promote proper ATV use and compliance with existing MTO legislation through

the ATV television channel (part of the Outdoor Channel) • Request that the Province impose higher fines for illegal use and/or lack of

registration, insurance and trespassing to increase the deterrence factor.

Appendix B – Article by Councillor Brenda Johnson

From: Dinney, Kathy Sent: Tue 26/03/2013 1:47 PM To: Johnson, Brenda Subject: Councillor Brenda Johnson's article to appear in the March 28th edition of the Glanbrook Gazette.

The following is an article that Councillor Brenda Johnson has placed in the Glanbrook Gazette, March 28th edition. We are copying you as you included your email address on the sign in sheets from the March 19th meeting held at the Glanbrook Municipal Building. Please feel free to circulate this information to anyone who may be interested.

At a recent meeting that I hosted with members of the Hamilton Wentworth Soil & Crop Assoc and the Hamilton Police the issue of trespassing was hot on the agenda. Land owners are concerned with trespassing and damages done to their crops and property. Residents requested better response and priority from the police department as trespassing is costing thousands and thousands of dollars in crop damages and fencing damage and needs.

The main point that was driven home at this meeting is agriculture land is not a play ground for residents to trespass and run their ATV's, dirt bikes and snowmobiles on. If you don't have the land owners permission, you are trespassing and can be charged, fined and even loose your vehicle.

Residents at the meeting were concerned about past responses to trespassing calls and lack of action, but they were quickly advised by police that this will no longer be the case.

The Hamilton Police are making trespassing a priority and they have purchased ATV's that police will be using to patrol. Police are asking everyone to call in and let them know where trespassing is occurring. Give them as much detail as you can, such as location, time of day, type or colour of trespassing vehicle and personal information such as name and address if you are aware of that. The number to call is 905-546-4925 and give your details. If you can't identify the user or vehicle, just let them know the area as they are tracking that as well.

As your Councillor I'm working closely with the community and the local police to try and get trespassing under control. Enough is enough, I'm hearing from the agriculture community that they are frustrated with people trespassing and destroying their crops and property. I'm hearing from residents in urban developed areas that they are tired of the noise and dust from ATV & dirt bike users and they want it stopped. In order to get

it stopped everyone has to do their part and call in the locations so that police can track and respond.

The police advise that if you are using an ATV or Dirt Bike and you are not on your own property, then the vehicle must be licensed, it must be insured and you must carry registration for it. And, if you drive it on the road it must be plated and you need a drivers license. There are also age limits as well for the use of these vehicles.

We are working on creating an information brochure that will be available with more detail about ATV use and trespassing, but for now we are asking the community to call in your trespassing complaints or concerns to the police and the number again is 905-546-4925. If you need any further detail by all means, feel free to contact me at 905-546-4513 or email [email protected] or my web page www.brendajohnson.ca

Kathy Dinney, Executive Assistant to Councillor Brenda Johnson Communities of Ward 11 Glanbrook, Rural Upper Stoney Creek & Winona Phone 905-546-4678 Email [email protected] MAILING ADDRESS: 71 Main Street West, Hamilton, Ontario, L8P 4Y5

mailto:[email protected]://citynet.hamilton.ca/+CSCOE+/files/files_retr/init/html/file/cifs%3A%2F%2Fwww.brendajohnson.camailto:[email protected]

1 - CAB Agenda - May 9, 2013NOTICE OF MEETING CONSERVATION ADVISORY BOARDThursday, May 9, 20137:00 p.m. at Powell Pavilion, Valens Lake Conservation Area1691 Regional Road 97, FlamboroughAGENDA1. CHAIRMAN’S REMARKS ~ Topalovic2. DECLARATION OF CONFLICT OF INTEREST3. DELEGATIONS4. CHAIRMAN’S REPORT ON BOARD OF DIRECTORS ACTIONS ~ Topalovic4.1 CA1308 Spencer Gorge-Webster’s Falls Conservation Area Master Plan4.2 CA1310 List of Accepted Artefacts for 2011 and 2012 – Westfield Heritage Village4.3 CA1311 Project Technical Advisory Committee – Hamilton-Halton Watershed Stewardship Program5. APPROVAL OF MINUTES OF PREVIOUS MEETING5.1 Minutes – Conservation Advisory Board (April 18, 2013) ~ Topalovic6. BUSINESS ARISING FROM THE MINUTES6.1 CAB Tracking Report ~ Kenny7. NEW BUSINESS7.1 Natural Areas Inventory Project – Nature Counts 2 ~ Schwetz7.2 ATV Use – HCA Conservation Areas ~ Costie8. OTHER NEW BUSINESS9. NEXT MEETING – Thursday, June 13, 2013 at 7:00 p.m.10. ADJOURNMENT

2 - Map - Valens5 - CAB MinutesDraft_April18_2013HAMILTON CONSERVATION AUTHORITYConservation Advisory BoardMINUTESApril 18, 2013Minutes of the Conservation Advisory Board meeting held on Thursday, April 18, 2013 at HCA’s Woodend Administration Building, commencing at 7:00 p.m. PRESENT: Maria Topalovic, ChairJohn Barkovic Sean BothamDan Bowman Kristen BrittainLydia Cartlidge James HowlettDonna Kydd Cheryl LarocqueChris Michels Duke O’SullivanRobert Pasuta Morgan PirieJohn Shaw Mary Tice REGRETS: Rob Booth, Santina Moccio, Gord Costie (HCA Staff)OTHERS PRESENT: Joan Bell, Sandy Bell, Alex Bouwmeester, Lisa Burnside, Chris Firth-Eagland, Bruce Harschnitz, Tony Horvat, Darren Kenny, Judy Love, Bruce Mackenzie, Neil McDougall, Sheila O’Neal, Scott Peck - HCA StaffRichard Leitner - Media1. CHAIR’S REMARKSMaria Topalovic, Conservation Advisory Board (CAB) Chair, welcomed the members to the meeting and passed on regrets from those members not able to attend. She then asked for a motion to table agenda item 7.3 ATV Use – HCA Conservation Areas as Gord Costie (HCA staff) was absent due to illness. This was agreed to by the members. 2. DECLARATION OF CONFLICT OF INTERESTThere were none.3. DELEGATIONS There were none.4. CHAIRMAN’S REPORT ON BOARD OF DIRECTORS ACTIONS 4.1 CA1303 Draft HCA Section 28 Regulatory Compliance GuidelinesMaria reported that item CA1303 was approved at the March 7, 2013 Board of Directors meeting. 5. APPROVAL OF MINUTES OF THE PREVIOUS MEETING 5.1 Minutes – Conservation Advisory Board (February 14, 2013)CA1305 MOVED BY: Donna Kydd SECONDED BY: John ShawTHAT the minutes of the Conservation Areas Advisory Board meeting held on February 14, 2013 be accepted.CARRIED6. BUSINESS ARISING FROM THE MINUTES6.1 CAB Tracking ReportDarren Kenny briefly reviewed the April tracking report highlighting the item approved by the Board of Directors at the March 7, 2013 meeting and updating the members on the status of the Agricultural Committee presentation that has been on the tracking report since 2006. A presentation was recently provided to the committee by Conservation Halton (CH) staff on the recent amendments to the Section 28 regulations for both CH and the HCA. Staff feel that with this update on the current regulation status and the fact that the regulation has now been in effect for almost 7 years, this item can be removed from the tracking report.CA1306 MOVED BY: Duke O’Sullivan SECONDED BY: Mary TiceTHAT the April, 2013 tracking report be received as presented.CARRIED6.2 CAB Governance – Terms of ReferenceLisa reviewed her report outlining proposed changes to the CAB governance structure and Terms of Reference as initially discussed at the February, 2013 CAB meeting. She informed the members that those not in attendance at the February meeting were polled by e-mail. The two changes proposed were to membership composition (minimum 18 members, maximum 20) and term length (6 yrs). Lisa then asked for approval of the staff recommendation.Morgan Pirie asked if the tern length will impact existing members, or just apply to new members. Lisa stated that the new term length would apply to both existing and new CAB members.CA1307 MOVED BY: Dan Bowman SECONDED BY: Donna KyddTHAT the Conservation Advisory Board recommends to the HCA Board of Directors:THAT the Conservation Advisory Board Terms of Reference, dated March 28, 2013, as revised, be approved.CARRIED6.3 Spencer Gorge-Webster’s Falls Conservation Area Master PlanSandy Bell reviewed his report and provided a presentation outlining all of the proposed master plan changes. The presentation included those items agreed upon by the members at the March site visit and those to be further discussed and evaluated such as the staircase access and Bruce Trail connection. Sandy stated that the intent of the report was to bring forward those items agreed upon by CAB to the Ministry of Natural Resources and Niagara Escarpment Commission for approval and address the remaining items in the near future. Sandy then asked for approval of the staff recommendation as presented.Maria concluded by thanking those CAB members that attended the March site visit for their participation.CA1308 MOVED BY: Morgan Pirie SECONDED BY: Donna KyddTHAT the Conservation Advisory Board recommends to the Hamilton Conservation Authority Board of Directors:THAT the revised recommendations in the staff report dated April 8, 2013 for the Spencer Gorge-Webster’s Falls Conservation Master Plan be adopted; andTHAT the revised master plan and approval statement be submitted for formal approval by the Ministry of Natural Resources and the Niagara Escarpment Commission that the plan conforms to the Niagara Escarpment Plan in accordance with the Niagara Escarpment Planning and Development Act; andTHAT staff be directed to continue to research and consult with the City of Hamilton and the local community on the remaining unresolved management issues related to the Spencer Gorge stairs and the provision of trail access to the Spencer Gorge-Webster’s Falls Conservation Area from Dundas; andTHAT the City of Hamilton be requested to consider installation of a pedestrian-activated signalized crossing of Hwy #8 in the area of the CN rail bridge corridor; and furtherTHAT the City of Hamilton be requested to undertake a comprehensive Community Parking Plan to address on-street parking in Greensville in the areas in proximity to Spencer Gorge-Webster’s Falls Conservation Area.CARRIED6.4 Maplewood Hall, Dundas Valley Conservation AreaTony Horvat provided a detailed presentation on Maplewood Hall including the history of the property, previous land use and facility maintenance to-date. Tony then presented a summary of the future maintenance and upgrades necessary for the property and associated costs. Based on the findings of the report and the comparison of revenue generated with long-term maintenance and upgrade costs, it was the staff recommendation to demolish the facility and naturalize the site. Tony then asked for approval of the staff recommendation.There were comments from the members that perhaps all opportunities for future operation of the property need to be investigated. Among the suggestions were that perhaps the facilities could be marketed in a different way to attract more revenue, or perhaps the HCA could put out another request for proposals for private use/maintenance of Maplewood. After further discussion, it was agreed to table the item until a future meeting to allow staff to further investigate other options for future use of the Maplewood property.CA1309 MOVED BY: Duke O’Sullivan SECONDED BY: Jim HowlettTHAT item 6.4 - Maplewood Hall, Dundas Valley Conservation Area be tabled to a future meeting subject to direction to HCA staff to investigate alternative options for use of the Maplewood property and bring forward a report to CAB.CARRIED7. NEW BUSINESS7.1 List of Accepted Artefacts for 2011 and 2012 - Westfield Heritage VillageSandy Bell presented the list of artefacts accepted over 2011-2012 and asked that the list be accepted by the members. He stated that CAB and HCA Board of Directors approval of the items donated was required in order to comply with museum legislative requirements. CA1310 MOVED BY: Dan Bowman SECONDED BY: John BarkovicTHAT the Conservation Advisory Board recommends to the Board of Directors:THAT the list of accepted artefacts for Westfield Heritage Village for 2011 and 2012 be approved.CARRIED7.2 Project Technical Advisory Committee - Hamilton-Halton Watershed Stewardship ProgramSheila O’Neal provided background on the Hamilton-Halton Watershed Stewardship Program, grant programs and the grant application process, as well as details on the advisory committee structure and responsibilities. Sheila stated that a summary report of the projects approved for funding would be brought to CAB at the end of the year. Sheila then asked that the advisory committee members be appointed for the 2013-2014 term.CA1311 MOVED BY: Cheryl Larocque SECONDED BY: Morgan PirieTHAT the Conservation Advisory Board recommends to the HCA Board of Directors:THAT the responsibilities of the Project Technical Advisory Committee for the Hamilton-Halton Watershed Stewardship Program be approved as identified in the staff report of April 11, 2013; and furtherTHAT the members on the Committee be appointed for the period of April 1, 2013 to March 31, 2014.CARRIED7.3 ATV Use – HCA Conservation AreasDue to Gord Costie’s absence, it was agreed by the members to table this item to the May 9, 2013 meeting. CA1312 MOVED BY: Dan Bowman SECONDED BY: Chris MichelsTHAT agenda item 7.3 ATV Use – HCA Conservation Areas be tabled to the May 9, 2013 CAB meeting.CARRIED8. OTHER NEW BUSINESSThere was none.9. NEXT MEETINGThe next meeting of the CAB is scheduled for Thursday, May 9, 2013.10. ADJOURNMENTOn motion, the meeting was adjourned.

6 - CABTrackingReport_May2013Memorandum To: Members of the Conservation Advisory Board From: Chris Firth - Eagland, CAOPrepared by: Darren Kenny, Watershed OfficerDate: April 29, 2013Re: May 9, 2013 CAB Tracking ReportAction/StatusBoard Idea/CommentFormal RecommendationMeeting DateApprovalPending – May 2, 2013CAB Terms of Reference and Governance – Recommendation that the Conservation Advisory Board Terms of Reference, dated March 28, 2013, as revised, be approved.April 18, 2013Pending – May 2, 2013Spencer Gorge-Webster’s Falls Conservation Master Plan – recommendation to adopt plan, submit approval statement be submitted for formal approval by the Ministry of Natural Resources and the Niagara Escarpment, and continue investigation of unresolved itemsApril 18, 2013Pending – May 2, 2013Accepted artefacts for Westfield Heritage Village for 2011 and 2012 – Recommendation to approve list of accepted items.April 18, 2013Action/StatusBoard Idea/CommentFormal RecommendationMeeting DateApprovalPending – May 2, 2013Project Technical Advisory Committee for the Hamilton-Halton Watershed Stewardship Program – Recommendation Pending – May 2, 2013to approve responsibilities of members and appoint members for April, 2013-March 2014 period.April 18, 2013HCA staff to investigate alternative options for use of the Maplewood property and bring forward a report to CAB at a later date.N/AMaplewood Hall – Recommendation to table matter of future use of the property.April 18, 2013Board of Directors approved this recommendation at their September meeting. HCA and City staff have met to discuss comments provided by the Public Works and Planning departments and will be continuing to dialogue regarding the project.September, 2011Veldhuis Property Restoration Plan - Recommendation to approve the Landscape Restoration Plan for the Veldhuis property and forward the plan to the City of Hamilton and Royal Botanical Gardens.August, 2011HCA staff will take these suggestions to the Steering Committee that will be established to guide the development of the strategic plan.N/AHCA Strategic Plan – 2012 to 2016 – The members advised that the next strategic plan should address human resource needs, not just financial needs – job training/retraining; the members also suggested that the HCA may wish to contemplate a 3-year strategic plan this time as things change quickly in the world today and a shorter plan may allow for HCA to react to changes more easily.Nov 25, 2010Update - A 5 year draft strategic plan including both financial and human resource needs will be completed by Summer, 2013 The City of Hamilton is undertaking several reviews and assessments of Confederation Park to determine the costs and feasibility of implementing the development concepts presented in the plan. City and HCA staff have been involved in discussions during this process.N/AConfederation Park Master Plan UpdateJune, 2010

7.1 - NAI 2013 CAB ReportMemorandumTO: Members of the Conservation Advisory Board FROM: Chris Firth-Eagland, Chief Administrative Officer (CAO)RECOMMENDED BY: T. Scott Peck, Director, Watershed Planning & EngineeringPREPARED BY: Nicholas Schwetz, Acting Natural Areas Inventory CoordinatorDATE: March 13, 2013 RE: Yearly Update to the Natural Areas Inventory Project: Nature Counts 2 BACKGROUNDIn 1976, a review of exiting natural areas information was summarized by Ecologistics and recommendations for environmentally significant areas were made to the Region. This review resulted in the creation of designated Natural Areas within the former region of Hamilton-Wentworth. The first Natural Areas Inventory (NAI) took place from 1990-1991 as a result of the information attained by Ecologistics. 92 natural areas were inventoried in Hamilton-Wentworth under the supervision of the Hamilton Naturalists’ Club. It produced a two-volume “state-of-the-natural areas” report including site summaries, flora and fauna checklists, and watershed summaries; a database and technical library supporting this report; hardcopy maps of these natural areas displaying their boundaries, significant species locations, and some vegetation communities. This report also formed the basis for the Region’s designation of ESA’s in its Official Plan. The second NAI occurred from 2001-2003, and was a partnership between the City of Hamilton, the Hamilton Naturalists’ Club, and the Hamilton Conservation Authority. Named Nature Counts, the products of this inventory are a two-volume final report entitled the Nature Counts Project: Hamilton Natural Areas Inventory which included site summaries with site evaluations and recommendations; an annotated checklists of flora and fauna; updated MS Access and GIS natural areas databases; GIS-based mapping of natural areas boundaries; Ecological Land Classification of vegetation units and rare species locations; and the Atlas of the Mammals of Hamilton. The Nature Counts 2 Project began in 2010 and will finish this year (2013). STAFF COMMENTTo date, the Nature Counts 2 Project has inventoried 38 natural areas within the City of Hamilton. 622 vegetation communities (polygons) totalling 2803 hectares have been identified in 12 natural areas using the Ecological Land Classification (ELC) protocol. A new Tallgrass Prairie site was discovered in the Dundas Valley in 2011, and the butternut tally is up to 326 individuals. In 2011, consultants observed a total of 297 species of flora and fauna: 119 birds, 71 butterflies, 73 odonates, 2 plants, 14 mammals, and 18 herpetofauna. 2012 surveys calculated 256 species: 112 birds, 58 butterflies, 59 odonates, 2 plants, 11 mammals, and 14 herpetofauna.This year, the focus will be on natural areas in Flamborough, mainly adjacent to Halton Region.The deliverables of the project are currently being finalized. The NAI report is being updated with data obtained from 2011 and 2012. The species checklist will be finalized once all data has been collected at the end of the field season this year. The two NAI videos (a 15 minute video and a short 2 minute clip) will be filmed and completed this summer. An updated Naturally Hamilton! booklet will be finalized within the next few months. AGENCY COMMENTSNot applicable.LEGAL/FINANCIAL IMPLICATIONSNot applicable. The Nature Counts 2 Project has received funding from various partners and supporters.CONCLUSIONSThe Nature Counts 2 Project is in its final year of a three-year inventory. This year inventories will be carried out in natural areas bordering Halton Region. Birding, botany, and ELC will continue to gather data that will be added to the new report. At the end of the year, an updated NAI will be published along with an accompanying CD, a revised annotated species checklist, a Nature Counts 2 video, and an updated Naturally Hamilton! booklet. Housed at the HCA will be GIS mapping of ESA’s, vegetation communities, rare species locations, and rare habitats.

7.2 - 2013 Memorandum ATVMemorandumTO: Conservation Areas Advisory Board FROM: Chris Firth Eagland, Chief Administrative Officer (CAO)RECOMMENDED BY: Bruce Mackenzie, Director OperationsPREPARED BY: Gordon R. Costie, SuperintendentValens Lake Conservation AreaDATE: March 27, 2013RE: Unauthorized ATV Use - HCA Conservation AreasINTRODUCTIONThis report is an update to the status of illegal ATV use on HCA lands and highlights new developments, subsequent to the enclosed 2007 Memorandum – Appendix “A”.Unauthorized ATV use has continued across all HCA conservation areas listed in the 2007 Memorandum. Limited headway has been gained towards curbing/eliminating this unauthorized activity. It has remained a constant and steady trespass on HCA conservation areas as well as on private agricultural lands.On March 19, 2013, a meeting was hosted by City of Hamilton, Councillor Brenda Johnson and Councillor Robert Pasuta at the Glanbrook Municipal Building regarding “Unauthorized ATV Use”. Included in attendance – Hamilton Police Service (HPS), Local Agricultural Community, and Hamilton Conservation Authority Staff – Chris Firth-Eagland, CAO and Gordon Costie, Superintendent.A meeting recap and article by Councillor Johnson has been enclosed (Appendix “B”) for your reference.At the meeting, it was made abundantly clear that the Agricultural Community has been pushed to their limit. They sent a clear message to the HPS that they have had enough of unauthorized ATV use on their lands. The HPS did announce that they have purchased two ATV’s that will be used for enforcement patrol. They are asking for help from the community in calling in all sightings of unauthorized ATV use along with all of the pertinent details. The HPS have promised to do their part in stepping up all enforcement avenues.STAFF COMMENTThe message that was presented at the meeting from HCA Staff outlined the following points: The HCA is also a land owner negatively affected by unauthorized ATV use. With over 11,000 acres in property holdings we share the same issues and concerns as our agricultural neighbours. The HCA lands are designated as conservation and environmentally sensitive areas. The HCA has spent in excess of $100,000 in trying to prevent unauthorized ATV use in the form of gates, fences, and trail repairs all caused by ATV’s. The HCA has Provincial Offence Officers on staff that have been designated under the Conservation Authorities Act and can assist in enforcement of unauthorized ATV use. The HCA is also looking for help and new direction from the HPS.CONCLUSIONSGordon Costie has been appointed as the lead HCA contact for unauthorized ATV use. He will coordinate the management of this issue across the watershed and report his findings through the Director of Customer Service, Bruce Mackenzie. The HCA will foster the relationship and enforcement strategies with the HPS – ATV Patrol Unit. Trail locations, maps, ESA’s, and known staging areas will be covered. The HCA will provide on the ground access for training and enforcement development for the HPS on conservation areas as determined. HCA signage and postings will be reviewed across the watershed as needed. The HCA will make the issue of unauthorized ATV use as part of their regular monthly meetings to collaborate with other HCA staff and to keep them informed of developments. The HCA will make contact with local neighbours and the agricultural community to inform and share information in areas of high unauthorized ATV use. A year end summary report will be submitted through the Director of Customer Service to the Conservation Advisory Board.

7.2.1 - Appendix A - ATV Use - CAAB Memo - ATV - August 1, 2007Appendix “A”MemorandumTO: Conservation Areas Advisory Board FROM: Tony Horvat, P. Eng., Director of Land ManagementPREPARED BY: Don McConnell, Manager of Fleet and ConstructionDATE: August 1, 2007RE: All Terrain Vehicles – Issues on Conservation Areas1.0 IntroductionUnauthorized motorized vehicles are prohibited in all conservation areas owned by the HCA. However HCA staff and the public are reporting an increasing amount of unauthorized motor vehicle access onto conservation areas – particularly by “All Terrain Vehicles” (ATV). These vehicles are having an increasing negative impact on Environmentally Sensitive Areas (ESA) and are a potential safety hazard to other users. The vehicles are also causing damage to the properties and crops of neighbouring land owners. The following is a list of problems on HCA Conservation Areas: Fletcher Creek – ATV’s creating additional trails and destroying ESAs LaFarge Trail 2000 – ATV utilization – neighbours adjacent to trail allowing access through their property – entry also at pipeline crossings right of ways Westfield Heritage Village – ATV’s bogging through swamp and destroying ESAs, creating new trails in conservation area west of the Village Christie Lake – ATV trail riding – western end of park Dundas Valley – ATV’s gain access to Rail Trail at road intersections Chippawa Rail Trail – ATV’s gain access through road intersections and hydro right of way Dofasco Trail – ATV utilization HCA leased agricultural properties – complaints regarding crop lossThis report provides background information as an initial step to determining appropriate strategies and actions to be taken by the HCA to reduce and manage these unauthorized motorized vehicles.2.0 Background Information and IssuesATV’s have outgrown their original purpose. In the early 1960’s the ATV was introduced to the public in the form of a 6 or 8 wheeled amphibian machine used for hunting and fishing and farm purposes. In 1970, Honda built the first 3 wheeled off road vehicle as a vehicle for agricultural purposes as a “farm hand”. The first “four wheeler” was introduced in 1983 by Suzuki – a recreational machine for beginners. These implements of husbandry were great for checking fences and checking on herds of cattle. Today ATV riding is a fast growing recreational sport in North America.ATV’s are reasonably inexpensive to purchase, often less that $10,000. They were originally sold only by a limited number of dealers for farm purposes. By 2006, these machines are being sold by stores such as Wal-Mart, TSC, Canadian Tire, Zellers and Costco. These types of stores often make bulk purchases, a container load at a time, from offshore countries. They often do not register or service them, resulting in an inexpensive 4 wheel drive “consumer play toy”.Anyone can buy an ATV, but you require a large amount of property to enjoy them. When people with a minimum amount of property purchase an ATV and have nowhere to run them they often head for the country and run anywhere they see a trail, whether they have permission to run on the property or not. This leads to the issues that arise at our conservation areas such as Westfield Heritage Village.Anyone can drive an ATV with minimal training.. By Ontario Provincial law, under the Highway Traffic Act, the operator must be 16 years old with a valid G2 license and the machine must be registered, licensed and insured. If you are operating an ATV on your own property, the owner does not need to meet any MTO requirements. However, it appears that many parents allow (or are unaware of) their children driving ATVs onto other properties thereby violating any or all of MTO regulations. In 2005, there were 291,000 ATV’s registered in Ontario Ontario Federation of ATV’s, a provincially organized group, however, reports that there were approximately 410,000 ATV’s in Ontario in 2005 A fast growing recreational industry in recent years – this has lead to greater conflict between ATV users and child-safety advocates, rural land owners, fellow outdoor enthusiasts and environmentalists.The police have difficulty enforcing ATV regulations because they often can’t safely stop the operators due to the off-road capabilities of the ATVs. Often, if police see an ATV being operated on a roadside or trail intersection, they may try to question them; however, the ATV has the option to go off-road so police cannot follow in their police cars.There is apparently no provincial legislation or enforcement at the point of ATV sale or resale. It is the responsibility of the purchaser to register and insure the machine within 6 days of purchase. The seller has no responsibility. This is why there is a difference in the 2005 statistics with 119,000 more ATVs in Ontario than the number which is registered. Reputable dealers continue to attempt enforce the existing MTO legislation.ATV operators are causing damage to farmer’s crops and environmentally sensitive areas (ESAs). Farmers have been vandalized by ATV operators who operate their machines across farmer’s fields without permission, causing significant financial damage. Rubber tired machines create a lot of damage to the terrain in contrast to snowmobiles that operate in frozen conditions and on top of the terrain. These tire trends dig channels that may drain boggy areas, increase sedimentation in streams at crossings and cause bank erosion. Mud bogging is a popular activity in wet areas which contributes to destroying ESAs. (See attached article from Brantford Expositor – “ATVs Causing Damage to Farmers’ Crops”) HCA leases agricultural land to local farmers who share the same concerns as expressed above. In Brant County, Gray County and Cobourg areas, the OPP have acquired ATV’s through private donations to assist in curbing these problems. It is extremely difficult to curtail ATV access to private and public property. It is apparent that ATVs knowingly trespass. The property owner may be liable for accidents on their property whether the operator has permission for entry or not. ATVs often gain access by cutting fences or opening gates. HCA has erected fences to stop ATV access to properties only to have the fences cut. HCA staff have also dug trenches with backhoes and ATVs utilize the trenches as a challenge to gain access – jumping over, etc. Armour stone has been strategically placed at trail entrances adjacent to HCA property – this is often a short term fix as ATVs merely move 20 feet down the perimeter and create a new entry point. HCA property has been posted with signs and the signs have been removed At Westfield Heritage Village, ATVs gain access directly from Highway 8 and Regional Road 552, run on the trails, and create new trails through the swamp land and ESAs.There are limited public venues available for ATV related recreation such as ATV trails, motocross courses, hill climbing courses, etc. To address this lack of public access for snow mobiles, snowmobilers have organized their individual clubs into the OFSC (Ontario Federation of Snowmobile Clubs). OFSC lease and maintain trails across Ontario which are open to their membership only.There are only a very small percentage of owners who are organized into ATV clubs. The OFATV (Ontario Federation of All Terrain Vehicles) association has low membership. There is no incentive to join this association to create funds to organize trails in the same manner as OFSC. Current fines for illegal ATV trail riding are low and seldom enforced. Most ATV operators would see no benefit today in joining a club.3.0 Preliminary Action PlanIn the short term, HCA staff will work to establish a budget to implement an education program about the restrictions on motorized vehicles on HCA properties including production of materials to be distributed at/to:o Dealerso Owners/general publico Drivers and riderso Ads in newspapers – (also identifying HCA properties)o Posters at dealerso Flyers/mailerso Public information meetingsIn the future, longer term, HCA staff will investigate and consider the following: Restrict access with more physical barriers and/or fencing Approach or partner with OPP/Service Club/Manufacturer for donations for enforcement equipment and increased enforcement presence at conservation areas Promote the organization of ATV Clubs (similar to Ontario Federation of Snowmobile Clubs) to encourage education, etiquette and self-regulation Promote proper ATV use and compliance with existing MTO legislation through the ATV television channel (part of the Outdoor Channel) Request that the Province impose higher fines for illegal use and/or lack of registration, insurance and trespassing to increase the deterrence factor.

7.2.2 - Appendix B - ATV UseAppendix B – Article by Councillor Brenda Johnson0BAppendix B – Article by Councillor Brenda JohnsonFrom: Dinney, KathySent: Tue 26/03/2013 1:47 PMTo: Johnson, BrendaSubject: Councillor Brenda Johnson's article to appear in the March 28th edition of the Glanbrook Gazette. 1BFrom: Dinney, Kathy Sent: Tue 26/03/2013 1:47 PM To: Johnson, Brenda Subject: Councillor Brenda Johnson's article to appear in the March 28th edition of the Glanbrook Gazette.The following is an article that Councillor Brenda Johnson has placed in the Glanbrook Gazette, March 28th edition. We are copying you as you included your email address on the sign in sheets from the March 19th meeting held at the Glanbrook Municipal Building. Please feel free to circulate this information to anyone who may be interested. At a recent meeting that I hosted with members of the Hamilton Wentworth Soil & Crop Assoc and the Hamilton Police the issue of trespassing was hot on the agenda. Land owners are concerned with trespassing and damages done to their crops and property. Residents requested better response and priority from the police department as trespassing is costing thousands and thousands of dollars in crop damages and fencing damage and needs. The main point that was driven home at this meeting is agriculture land is not a play ground for residents to trespass and run their ATV's, dirt bikes and snowmobiles on. If you don't have the land owners permission, you are trespassing and can be charged, fined and even loose your vehicle. Residents at the meeting were concerned about past responses to trespassing calls and lack of action, but they were quickly advised by police that this will no longer be the case. The Hamilton Police are making trespassing a priority and they have purchased ATV's that police will be using to patrol. Police are asking everyone to call in and let them know where trespassing is occurring. Give them as much detail as you can, such as location, time of day, type or colour of trespassing vehicle and personal information such as name and address if you are aware of that. The number to call is 905-546-4925 and give your details. If you can't identify the user or vehicle, just let them know the area as they are tracking that as well. As your Councillor I'm working closely with the community and the local police to try and get trespassing under control. Enough is enough, I'm hearing from the agriculture community that they are frustrated with people trespassing and destroying their crops and property. I'm hearing from residents in urban developed areas that they are tired of the noise and dust from ATV & dirt bike users and they want it stopped. In order to get it stopped everyone has to do their part and call in the locations so that police can track and respond. The police advise that if you are using an ATV or Dirt Bike and you are not on your own property, then the vehicle must be licensed, it must be insured and you must carry registration for it. And, if you drive it on the road it must be plated and you need a drivers license. There are also age limits as well for the use of these vehicles. We are working on creating an information brochure that will be available with more detail about ATV use and trespassing, but for now we are asking the community to call in your trespassing complaints or concerns to the police and the number again is 905-546-4925. If you need any further detail by all means, feel free to contact me at 905-546-4513 or email [email protected] or my web page www.brendajohnson.caKathy Dinney, Executive Assistant to Councillor Brenda Johnson Communities of Ward 11 Glanbrook, Rural Upper Stoney Creek & Winona Phone 905-546-4678 Email [email protected] MAILING ADDRESS: 71 Main Street West, Hamilton, Ontario, L8P 4Y5

agenda · 4.2 ca1310 list of accepted artefacts for 2011 and 2012 – westfield heritage village...

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