Staff presents proposed ATV bylaw

Despite the mayor’s pleas for efficiency and expediency, talk of ATV road access took up hours of Clearview council’s Sept. 28 meeting.
“I am becoming really frustrated thinking that all we’re doing is talking about more studies, and more plans, and more reports. It’s just time and money. We keep spending tax dollar money doing it and I’m not sure that we’re getting anywhere because we are not getting any different. Individual members need to decide, are they in support or not?” said Mayor Doug Measures.
On Monday, council received the 34-page staff report and draft bylaw, and after some discussion, the issue was deferred to the Oct. 26 meeting.
Council did also revisit Councillor Thom Paterson’s ATV motion from the Sept. 14 meeting and after lengthy discussion council remained split, with all of Paterson’s four action items being defeated. Paterson was trying to (1) rally support for a defined public engagement process, (2) get a staff assessment of the justifications provided in Councillor John Broderick’s original motion to open ATV access (approved on July 27), (3) a staff report making reference to the ongoing Traffic Management Study, and (4) consideration for a phased in ward-by-ward implementation plan.
“I really find this offensive. It’s offensive to the way this council has been making decisions about bylaws for years,” said Measures, of the fourth item. “I find it not a healthy way to look at this.”
Councillor John Lamers asked, “How can anybody ever try to phase in a ward-by-ward implementation? You wouldn’t be able to control it at any means. Nobody would be able to keep up to which ward is able to ride on or which one they’re not. You’d just complicate the whole system.”
Paterson only had supporting votes from Deputy Mayor Barry Burton and Councillor Doug McKechnie, with the exception of the second item that was also supported by Councillor Robert Walker.
In the staff-proposed draft bylaw, off-road vehicle would be prohibited on four road portions: Mill Street in Creemore, from County Road 9 to George Street; Fairgrounds Road, from County Road 9 to County Road 91; Riverside Drive/6th Concession, from County Road 9 to County Road 91; and County Road 91, from the Osprey/Clearview Townline to County road 124. They would also be prohibited on all township trails, parks, sports fields, sidewalks, boulevards and cemeteries.
The draft bylaw states off-road vehicles would not be allowed on roads between 11 p.m. and 7 a.m. and would only be permitted from April to November.
“No person shall operate an off-road vehicle in such a way as to disrupt or destroy the natural environment, create a nuisance by method or frequency of operation on any municipal property or upon any highway within the municipality,” reads the bylaw.
When councillors revisit the plan next month, they will consider the report and bring forward their proposed amendments.
Council will have the opportunity to exclude unmaintained roads as it reviews the bylaw.
At the top of the meeting, council unanimously voted in favour of compensating Broderick for the legal action that has arisen from the original motion, claiming he has a conflict of interest.
Measure said council arose from a good discussion about it in camera but there was no discussion in open session. Broderick recused himself from the vote.
“Indemnification of Councillor Broderick, in accordance with Indemnification bylaw 04-46, and an opinion from Jim McIntosh, Co-managing partner, Barriston Law LLP, council voted to indemnify Councillor Broderick for administrative court actions arising from duties carried out on behalf of the township. Reimbursement costs will be provided by the township’s insurance provider pending no contravention,” states the meeting highlights.