Lyonel Doherty, Times Chronicle
The Town of Oliver has come up with a solution to address a pedestrian right-of-way issue relating to the hike and bike trail in the “meadows” area.
On May 9 council approved a motion to purchase and install signage for both the trail entry and Redwing Place entry into Riverside Villas. The sign is to read: “You are now entering private property. Pedestrian access only to and from the hike and bike trail. Please dismount and proceed with caution.”
The Town will also install a painted pathway with a pedestrian sign between two white lines through the entire length of the right of way.
Randy Houle, director of development services, gave some background on the issue, stating the original right of way agreement allows free and unlimited pedestrian access over a portion of the strata property.
But the strata recently installed signage that read “private property – enter at your own risk.”
Houle said these signs deter public access and interfere with the rights granted in the original agreement.
The Town sent a letter to the strata requiring that the signs be removed. In response, the strata said it wouldn’t remove the sign at their entry but would remove the trail entry sign once the Town provided new signage.
Houle said the strata requested the Town amend the original agreement to limit public access to daylight hours.
But he said this would be difficult to enforce, adding there would be legal costs associated with this.
Houle said any new signs should refrain from the mention of private property and entering at your own risk. Instead, it should state pedestrian access only between dawn and dusk and “please respect private property.”
The strata also requested that the Town provide snow removal or a gate on the right of way. But Houle said snow clearing could increase the Town’s liability if an incident occurs. It also sets a precedent to provide service on other public right of ways, he added. As for a gate, that would cost approximately $2,000, which Houle did not recommend the Town pay for.
To keep it simple, the director recommended a pedestrian sign at a cost of approximately $250.
In a letter to Mayor Martin Johansen, Riverside Villas treasurer E. Jane Marcelet made it clear they will remove the sign from the trail entrance once the Town has provided replacement signage.
She noted it has been 30 years since the right of way agreement was created, and much has changed since then.
“The signs we installed in February 2022 were replacements for signs that have been in existence for many years at both entrances to the strata property.”
Marcelet noted the gate was located at the trail entrance and was not replaced when the new vinyl fence was installed in 2018.
“The Town had given us reason to believe that snow removal, on the right of way, would be provided by the town sidewalk snowplow if we removed the gate and widened the access.”
Town Coun. Dave Mattes said he favours the sign but has a concern with stating “from dawn to dusk,” noting that trail access is 24 hours a day.
Fellow Coun. Larry Schwartzenberger said his only concern is using the word pedestrian when the trail is for cyclists too. But he stated that theoretically a person can walk their bike on the right of way.
Chief Administrative Officer Ed Chow said the Town could provide snow removal as a courtesy but not as an obligation or a commitment.
But Mattes said snow removal could “open up a can of worms” because the Town doesn’t provide that service anywhere else.
