HomeMy WebLinkAboutTM-21-80 TM-21-80
IV: Mayor and Members of Council
FROM: A. C. Guller, Town Manager
J. Dunham, Director of Public Works
DATE: June JILh, 1980
SUBJECT: Mill Street and Hampton Mill Pond
BACKGROUND:
The Public Works Committee at its meeting of May 22nd, 1980
by resolution #W-117-80 (see attached) recommended to Council.
that the structure across the Hampton Mill Pond be closed.
Council after considering the subject matter, tabled the same
for input by the Town Manager and Director of Public Works.
REPORT:
Item WD-61-80 (sve attached) recommended that whereas the
structure is now critically deficient it, therefore, be closed by
by-- law. Concerns have been exrressed by a group of CLtlzvns
in the immediate area that a by-law is final , which could mean
no further action would he Laken.
Road Allowances closed with the intent to convey are closed
under section 446 of the act, whereas, relevant to this subject
matter, section 443 (7) provides that Council may in any
municipnliLy, by by-law, close a highway provided that the same
only he closed for vehicular traffic and not for pedestrian
traffic or vice versa, and may provide For the erection of
barricades to enforce the due observance thereof.
Section 352 (60) provides for closing temporarily any highway,
or portion of a highway, under the jurisdiction of the Municipality
for any period during the construction, repairing, or improvements
of such highway or portion thereof.
In this particular situation, Section 352 (60) is most important in
that a person who uses a highway, or portion of a highway Ro
closed to traffic does so at their own risk, and the Municipality
having jurisdiction over the highway is not liable for any damage
sustained by a person using the highway or portion thereof so
closed to traffic,
In view of the foregoing, and had Council adopted the recommendation
the appropriate by-law could have been prepared in consul Cation with
the solicitor.
-2- M-21-80
We would also point out to Council at this ti.me ,that Council,
has been legally notified of the hazardous condition and
deFi_cimicies to the structure of the Hampton mill Pond Road
and if any accident occurs the Municipality would then become
liable for any damages which may he sustained by a third party.
During 1980. budget preparation the access across the Hampton
Mill Pond was identified and included on the list of projects
awaiting Raids. Funds were not allocated in the 1980 budget
for various reasons, however, the major reason being that
C.L.O.C.A. requirements have not been defined.
R1,:COly MHNI)A`I'ION
That Item "I" of report number four contained in the Council
Agenda of ,tune 2nd, 1980 be adopted, and further, that upon
Counell ' s consideration of the Hampton Plaster Plan as prepared
by C.L.O.C.A. and the adoption thereof, a meeting be arranged
with C.L.O.C.A. the intent being to initiate a construction
project:.
Respectfully submitted,
A. C. Cuiler. ,
Town Manager. .
J. Dunham,
Director of Pahl is Works.
(copy)
We, the undersigned residents and ratepayers of (Hampton and surrounding
area do petition Council to reject the recommendation of the Works Committee
to close the hii_ II Pond Road.
We feel it is unfortunate that we have to read of this proposal in the
newspaper and that our elected representatives on the Works Committee did not
see fit to hold a public hearing or _inform the residents of the said proposal.
We feel the Mill Pond Road should not be closed for the following reasons:
1. It is used by Kindergarten to Gracie 6 students from the west side of
Hampton Pond to reach Hampton Jr. School. Closure of the road will.
necessitate the provisions of a School bus for transportation. Has
this been discussed with the school board?
2. Likewise it is used by grade 7 & 8 students from the east side of
the pond to get to M.J. Hobbs.
3. Closure of the road will mean extra cost to the school board and
probably to the post office (for mail delivery to the residence on
the west side of the pond) . Since we are federal and education tax
payers as well as municipal, it seems if the road is closed we will
end up paying extra and not have the use of it.
li. Finally and most important -- safety - how many of you have tried to
cross Taunton Road at Old Scugog Road in the evening in the summer.
Yet:. 3 of our playing fields for our children are at M.J. Hobbs and
for all game; all traffic will he forced to use Taunton Road, inc-
reasing traffic on an already busy road.
5. Might we add one other, tradition and quality of life. For over a
century Hampton residents have had friendly relations on both the
"American" and "Canadian" side across the Mill Pond Road. How many
of you saw Ted Chant drive his antique car across that berm on
"Coal :ins Ontario" just a few years ago.
What has the 'Town of Newcastle and C.L.O.C.A. done to us and our way of life.
How you make us Long for the days of Darlington Township and Mr. John Burrows.
Hence we the undersigned petition request that the Hampton Mill Pond Road
not be closed and that the Town of Newcastle do everything in its power to
keep it open, ;end that no future closing be considered without a public
hearing and an accounting of extra costs to the Board of Education and the
Post Office.
'I'yi,t•d ;i;; p,,r or 1l,'I1);il : vh .
i
Public Works rla': l�lr:ll
1'1 :' 1 Sin t h F I S W i I h he o'"IM,I )I (.ho ldrl i t „ III,`
o f L e road :i 1 I oc:'nn, e , spoke i n !*hour
I l!Io road cIoslul',. II,' Ie thaI the T-glop
I'I o1)o s,'(I I,•,' t h,' It,',;i n :.I l n a da wt- ',c I ous lm:; i L l on
it-,' wIschod to hui I a boon' .It- Lhat beat loll and
&"I l d like' t he hh Not road a i l owan,, so that.
ho roulcl posiI- ion Ili :; Ilulr�c c'n L I"u property .
Zygocici '-Ir. ?I. 7.yy,ock1 , represenLiny Conn Invos Men I.s Ltd ,
Conn InvPstmonts spoke Lo the Committee re I a L No Lo the request-
Subdivision that- ` st"l-In sewer Ile' iWr Idl led from his property
HI }•,h 5trcel `l. `) acres for a subdivision on Ili}',h `41—e•ct- Ilu
li(,�:'n11111v I 1 1 c' felt that It would be too Costly and the Lhe
p1 event. dra ina}t,' c.:I:; adc,ln:lt e .
i(esoIuLIon 1/t-';-- 116--80
;I ',',•d by toll, Hol11 % , seconded by Coil. Prowl-
Iil;1'I' 1h';; . l,ta kie b,' heard .
`' s . Mackie spoke „I the pi "blcmn she was still
NOW hivin;'• with her property now to sellna InvesLmenLN ,
:;poke of inf l t- l in,'„ the rcquvst by Lhe "fawn
r 10 acres of her land , tln' fun,' ln}'•, drainrl}'e ,
lo:;( problems etc and , onlp lai nod of Lhe
' nlu:;trlol uses adjacent to her properly .
I u t i on
by CO • I'r,,ut :,0 C on,ied 1,., Con. IIo11 i(Ia
HAT the r,•ronunond, I I, n in R 'porL WD-b1-80 be
nd„rsod and 1ti'h,'reap; the s(.rncture across Ole
Il,ln;i, l,el il.un}Ilan 1il 11 Pond ha ; c'>;Ilc•rienc'ecl a!) linpac't and is 110%'
Mill fond , rit ical ly deficient- and not considered soft: for
mill Strout \ 01cular traf file , it is therefore recommended Lhot
Lhe appropriate by- law he passed to effect Lhe
c losurc of `li l 1 sireut , ilrimpton, from the structure
w,'lOrly Lo I: lll,g Meet and a copy of the report
ho sent Lo C. I,.c1. C. A.
"CARR1 ED"
15yor RICANI'd and
-
�lhr fo ) Icn,�1n,• i , .t „t t u( tha nu.�at , c,;
hr1<1 on f:ty Z;', I ,I,r,l ; l�tc' Public 6.'ork:> Cununif.Lc�e
' Ilaiul, ( .tt i', tcl and PI I l l ;;C t c a t
i t ara> rc.'c•c,nunc•nd,'d t c, - -- ---
?II I I fond ha!; (:ounc'1. 1 that , c he roA th,
'>,lpct ic•nc•c'd att fn,l,:ic'C Ind (>; ncriti trnc'turc' acres ;
Con:; i dc�rad so " Che HIM=
(u� hfCiilur r( C (c.:ally deficfant Ind not
a�f Ic•Ct: the traffic , tha ,i � ,
c' I c„c n s c' „f ?1( I I ""w" , I I t "I�r l tt t c' I,ti•- l:t>~•
};tn ll,u� , „ be ,ans
), .,I rc•c•t , Intl ;t c , ,, , I t n I r ,m the I ed to
� of " Ct'uc Cure wc•r,Cetrly cu
Cott'�c't'Va ( Lon nut hnt I t .,, I,c• rau L
Cu Central Laka Onvartc,
!'c, L1 rt rcl -;;uh,l i i I c,n - ha 1 c ;tsc
It was recommended t.,> ""C11 — ---
& R. 1/3 " that rejativC to Duboski Sale
hc,orm,tnv f l l c', and Conti I t tuno l 1 1
the r!}'r���•m,�n(_ bCtt,�c�,�il !',� to Uhlman ,
I I;trd and the the requirements hcin�; fulfil lc'cl
divlr; ion, be rc�lrn:,d^ nshi ,
I ( Dartl_Mvn re Pollard Sub-
1.
!'aANq ii•. law �1c
Car:, l c,r ;I l:nnisl:i I °
_ ____ --- -------- __.. ------ --- -1t'�_Consc•rv;tCion Area
! t w:n; r0ConJnc'ncic d t c (', hilt' 11 - -- ._...._____ Iea
on both sides It thaC b1'-� l ici 1 h�,
Orlin};totl tll�_. r" ��! 't11oc^':tn<'c' het',.'�'an l, ,C,, Am`•nded Co l,rohib - Parking
from ( ho nnrlh limits of e 20 and
7 to to r ,, I ,i l 'l . Con�'e"On 7, format
a l,c,lnt G',(1 in. nc,t t ItarIy .
lc'c,'.inc'c' bat�:uen Concession 6 Ind
It
(;t, ld ,Crag(
I t t•r;i;t pn n
t , t c A l that Cold Clearly daflncl "Art to thv phut t in} I on Rof c•rc'nc v Ilan I'i � i l lage of t;"W"St le
• � ti c „nd l ( fait I:It:�t nn,t c,
:tnd ati,toc'in ( acf Icc�:; Chc lu:;ud :Intl C"nv(•yecl
ii� Olved In the >rc, ,c,,, d rod 1 is ant a};rcct; Co ,y
I I r•d rc,a,l closura. I rtI 1 1c}',:t1
'� I-�,�'k and 7�c,wn:;hil� u( Il:trlins�ton
I t c.�:t:> rri uuunc'ticic'cl C c, ('',i:;l,� I I
fc,rni,it' 'fck'n' h1 , that Hn, 1, rcc mc'nt
1 c'I it,t i� I !�t)�,t , da tcd An ;ns C hc't.ween hu
} ; ) Edwin Slack Ind the
t,. 2 , I I. E, be released.
--
I.oC Cctnc
_ 1O i)a r 1 i n-czton
It WIN "commvVided -
nc', it whc•i'c`�tt; �.;ad fin,
t1, I ormc'r 'I'„t�tt:;lt c
herc�rtr: ! "I J)arlln ;Con I tovemc,nC:; lil Lot �i>
othctr f'rop,:,:t ) have a rClrtCivel
further action he l:; lava 1 . .low I,riori t-y and
t tl ' t a a Ili}; ler l,rint 1C� due( il I nic' tc, budget restraints , no
;; t r± let ivc Ic. land jcquisl tIon,
TOWN 0V IN F:W CA STJJN. 11 U IL 1,IC WORKS DE PA R"I'M H N I
Director' s Report; to Public Works Committee.
I I em: WD-h1-80.
Imu : May 12 , 1890.
Subject : Mill Street and Hampton Mill Pond,
An a resuIt of 1 nod 1 ng , Mi I I Street , which provides thoroughfare
across the Hampton Mill Pond, has been closed since March 21 , 1980.
On May 5, 1980, Central Lake Ontario Conservation Authority under-
took restorations or the roadway and , upon receiving information
of this, on May 7, 1980, from a citizen of the area , I inspected
the roadway and structure. It was noted that the fence which had
closed off the thoroughfare had been left down and, as a result ,
vehicles were using the roadway.
ifle-purl:
On 'I'll n l-s&lY , May 8, 1980, Central Lake Untnrio COUSeFVILfon Authority
commenced the filling of the Mill Pond.
011 Friday 111"InIng, May 9 , 1980, water was Filtering through the berm,
at Its usual locavfon (west of the structure) and this Fi3traLion had
caused a cave-In. For obvious safety reasons the road, MLLI Street ,
wa!' '11111"(11a"ly closed , lenving Passage only for ppdustrLans and
bicycle traffic .
It is my opinion that , due to the critical deficiency of the structure,
Mill Street must remain closed.
-R-e comme-n-da t-i0q:
WHEREAS LhY structure across the Hampton Mill Pond has experienced
an impact and Is now critically deficient and not considered safe
For vehicular traffic, It is therefore recommended that the appropriate
by-law be passed to effect the closure of Mill Street , HnmpLob , from
( he structure, westerly , to King Street ,