Talks ‘derail’ in lease dispute between Uxbridge Township and Heritage Railway

The Uxbridge Township has decided to deny a request from the president of the York-Durham Heritage Railway, citing several issues with rent payment and safety concerns.

In a release posted to their website, township officials say, “The decision to deny a lease extension resulted after multiple attempts to resolve outstanding issues and timelines for compliance were not met.”

This contrasts with comments from the Board of Directors at York-Durham Heritage Railway. In a statement online shortly after, officials say it’s business as usual.

“We are confident that reasonable, sensible, and common sense policies will prevail to continue to allow us to use the historical station that YDHR has financially contributed to and maintained by its vast volunteer group,” it said.

Ongoing problems over the past two years have left the township struggling to find a solution. However, president and CEO of YDHR (York-Durham Heritage Railway), John Perks says they have been working with township officials.

“I think we all just need to come to the table and share, and come to a conclusion,” he said.

Last week, Council denied YDHR’s request for a lease extension at an in-camera meeting. This would be effective as of December 31st of this year. Township staff says they have given the owner ample opportunity to rectify several items.

The township, which leases both the train station and platform to YDHR detailed ongoing problems at the railyard. This includes the removal of four rail cars, found to have asbestos, lead and horsehair in them. The owner had plans to refurbish the historical train cars for use, but said costs were mounting.

“We had no operating income for close to two years, our insurance is close to $200,000 a year and you still need to do upkeep on the track and upkeep on the locomotives even if you’re not operating,“ said Perks.

The service has been offering themed holiday train rides in the region for the past 25 years, including Harry Potter, Polar Express and other holiday favourites. But over the past few years, the company has been through a lot of financial stress, including the 2022 tornado that damaged the property.

However, it’s not just the financial obligations the township is questioning. Fire officials confirm there were several concerns raised about safety, including extension cords running around the property. Other problems pertain to several structures erected without proper permits.

These are items that have been addressed, says Perks.

“We absolutely want to make sure it’s safe. When the fire department came through and said, ‘Hey, guys, you can’t have extension cords plugged into extension cords’, we immediately took the extension cords apart. A volunteer did that,” he said.

Uxbridge staff say in order for a lease extension to be considered, YDHR must also ensure full compliance with the building and bylaw departments, and pay their bill which Perks claims has been settled.

However, the township says they have been trying to get YDHR to take action for over a year, and claims it was only with the threat of closure that anything happened.

Tickets purchased for use up to December 31st will be honoured, but the township says they won’t be responsible for any losses incurred after that date. Meantime the YDHR board posted online that they will continue to operate.

“If you are a current ticket holder for our 2023 Christmas Experience, nothing will change,” the YDHR board of directors said in a statement. “Tickets for next year will be up for sale soon and we assure you that nothing in your experience will change, except that the township will not allow you to view the 100-year-old station as a part of your visit.”

Both the township and the non-profit organization have retained lawyers for the ongoing dispute. Uxbridge staff say a meeting will be happening this week to discuss further steps.