HomeMy WebLinkAboutWD-46-91 '° TOWN OF NEWCASTLE
REPORT
File
Res. #
By-Law #
METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JUNE 3, 1991
REPORT #: WD-46-91 FILE #:
SUB,JECT: SAFETY CONCERNS, STUDENTS WALKING TO BOWMANVILLE SENIOR PUBLIC
SCHOOL AND BOWMANVILLE HIGH SCHOOL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report WD-46-91 be received;
2 . THAT Vanstone Bridge, which meets the Ministry of Transportation
design criteria, not be modified to provide a pedestrian barrier;
3 THAT the Town change the sidewalk clearing tender to specify that
Roenigk Drive and Vanstone Bridge sidewalks be cleared of snow and
ice prior to 8:00 a.m. ; and
4 THAT Mr. R. T. Malowney be advised of Council's decision.
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REPORT
1.0 ATTACHMENTS
No. l: Key Map
No.2 : Letter dated January 21, 1991, from the Northumberland
and Newcastle Board of Education.
No. 3 : By-law 87-197 - Removal of Snow and Ice
REPORT NO. : WD-46-91 PAGE 2
2.0 BACKGROUND
2 . 1 At a meeting held on February 11, 1991 Council passed resolution
#C-79-91:
"THAT the correspondence dated January 21, 1991, from R.
T. Malowney, Director of Education and Secretary,
Northumberland and Newcastle Board of Education,
requesting consideration of safety measures for students
of Bowmanville Senior Public School and Bowmanville High
School, be received;
THAT the correspondence be referred to the Director of
Public Works for review and preparation of a report to
be considered by the General Purpose and Administration
Committee; and
THAT R. T. Malowney be advised of Council's decision. "
3.0 REVIEW AND COMMENT
3 . 1 The Board of Education regulations require students to walk to
school if within 3 .2 km (2 . 1 miles) of a high school or 2 .4 km ( l .a
miles) of a senior public school. A number of locations were
reassessed and as a result buses were discontinued for students of
the Waverley Subdivision Area on March 18, 1991.
3 .2 The Board asked for a We-1 School Zone sign on King Street for
eastbound traffic approaching the Vanstone Bridge. The sign has
been installed. The board also requested an adult crossing guard
at the intersection of Roenigk Drive and King Street. The crossing
guard at this location has been approved.
3 . 3 The Board has asked the Town to ensure that the sidewalk on Roenig:c
Drive and Vanstone Bridge be cleared of snow before 8:00 a.m. The
Town will improve the maintenance of this area by stating in the
sidewalk snow clearing tender that this area must be cleared before
8 :00 a.m.
. . . 3 j
0
REPORT NO. : WD-46-91 PAGE 3
3 .4 The board is also concerned about snow on the sidewalks along the
entire length of the route to both schools . These sidewalks front
onto private property and are covered by Town By-law 87-197 being
a by-law respecting the removal of snow and ice within the Town of
Newcastle. Under provisions of this by-law an owner or occupant
must clear ice and snow from the sidewalk within 24 hours from the
commencement of snowfall. The 24 hour time period is standard
through out Ontario and is enforced by the Towns By-law Enforcement
Officers . The Town can't ensure that sidewalks fronting onto
private property will be cleared before 8:00 a.m.
3 . 5 The board has also requested the installation of a barrier on the
Vanstone Bridge to protect the students from traffic . The Ministry
of Transportation has indicated that the Vanstone Bridge with the
existing 8" barrier type curb meets the Ministry's design criteria.
They have also indicated that they would not subsidize or otherwise
share in the cost of providing additional barriers at this time.
The Ministry may consider a proposal if done in conjunction with
major structural rehabilitation when required in the future.
3 . 6 If the Town proceeds with a barrier now or in the future there are
two types to choose from.
TYPE 1
REINFORCED CONCRETE "JERSEY TYPE" TRAFFIC BARRIER
This would prevent any vehicle from mounting the sidewalk and meets
the requirements of the Ontario Highway Bridge Design Code and
Ministry of Transportation. This barrier would be constructed in
front of the existing curb face to maintain the minimum 1.5 metre
(5 foot) sidewalk width as per Ministry of Transportation geometric
criteria and Ministry of Natural Resources criteria for wheel chair
clearances . The barrier would reduce the deck width for vehicula:-
traffic by 0 .5 metres ( 1.5 feet) and require Ministry of
Transportation approval. The installation of a barrier would also
require realignment of the curbs with steel beam guide rail on the
approaches . The estimated cost of this type of installation is
$80,000 .
4
00 / . . .
'J i
REPORT NO. : WD-46-91 PAGE 4
TYPE 2 :
VERTICAL BAR ALUMINUM PEDESTRIAN HANDRAIL
The intent of this system is to prevent pedestrians from straying
into the driving lanes . This type of installation would again
require Ministry of Transportation approval due to the curb tapers
and sidewalk widening. The estimated cost of this type of
installation is $70,000.
4.0 CONCLUSIONS
4 . 1 From the above, it is concluded that Vanstone Bridge meets Ministry
design criteria and requires no changes at the present time and the
cost to provide a barrier in not warranted.
4 .2 The Town's sidewalk clearing tender will be modified to specify
that Roenigk Drive and the Vanstone Bridge shall be completed prior
to 8:00 a.m.
Respectfully submitted, Recommended for presentation
to the Committee,
f
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Walter A. Evans, P.Eng. , LawrenWLstrative Kotseff,
Director of Public Works Chief Officer
RDB*WAE*llv
May 27, 1991
Attachments
i
pc: Mr. R. T. Malowney
Director of Education and Secretary
Northumberland and Newcastle
Board of Education
834 D'Arcy Street North
P. 0. Box 470
Cobourg, Ontario
K9A 4L2
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DRAWN J.R.M. DATE MAY 1991
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ATTACHMENT NO, 1
KEY MAP WD-46-91
j 008 i
COUNCIL DIRECTION D-1
1
The Northumberland and Nev A 1102
Board of Education
FROM THE OFFICE OF
THE DIRECTOR OF EDUCATION 834 O•ARCY STREET NORTH
C O 6 0 U R G . O N T A R*( O
21 January 1991 P.o,BOX 470 K9A 4L2 416.372-6871
Pattie Barrie, Clerk
Town of Newcastle Council
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Pattie Barrie
At the Regular Meeting of the Board held on Thursday,
22 November 1990 a motion was adopted to discontinue busing
from the waverley Road area to Bowmanville Senior Public
School and Bowmanville High School, effective 18 March 1991.
Over 250 students will now be walking to school that in the
past have taken the bu's.
The crossing of this many students over Vanstone Bridge is a
cause for concern and the Board would like to ensure that all
Possible safety precautions are taken. The Board requests
that Council seriously consider the installation of a barrier
between the sidewalk and the travelled portion of the roadway
on Vanstone Bridge. This would enhance the safety of the
students by affording them protection from traffic. It is our
understanding that a project of this nature could be partially
funded by the Provincial Government.
As well, ensuring the bridge sidewalk and the sidewalks along
the walking routeway to the two schools are cleared of snow
before 8 : 00 a . m. is important to the safe passage of these
students.
I strongly urge you to consider this request and our staff
will gladly assist you in any way possible.If
further clarification, please contact Paul Bra"c* - A�=Transportation and Plannin of g. I ( I RF ---------------
Sincerely
P.
Tc
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PT R. T. Ma 1 owjj(,,y /
Director of and :;,,cretary
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P. C. ATTACHMEJT 140.2
koll 1> ; nc WD-46
�1.D9'
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87- 197
being a by-law respecting the removal
of snow and ice within the Town of
Newcastle
AND WHEREAS Section 210 (53) of The Municipal Act, R.S.O., 1980, provides that
Councils of municipalities may pass by-laws:
for requiring the owners or occupants of any designated
Removal of Snow class of building in the municipality or any defined area
and Ice From thereof to clear away and remove snow and ice from the
Roofs and Side- roofs of such buildings and for requiring the owners or
walks of occupants of any designated class of building in the
Occupied municipality or any designated area thereof to clear away
Premises and remove snow and ice from the sidewalks on the highways
in front of, alongside or at the rear of such buildings
and for regulating when and the manner in which the same
shall be done.
AND WHEREAS Section 210 (54) of The Municipal Act, R.S.O., 1980, provides that Councils
of municipalities may pass by-laws to provide:
for clearing away and removing snow and ice from the
Removal of Snow roofs of any designated class of unoccupied buildings
and Ice from in the municipality or any designated area thereof and
Roofs and Side- for clearing away and removing snow and ice from the
walks of sidewalks on the highways in front of, alongside or at
Unoccupied the rear of any designated class of unoccupied buildings
Premises or vacant lands at the expense of the owners and for
collecting or recovering the expenses incurred in so
doing in the manner provided by Section 325.
D WHEREAS Section 210 (55) of The Municipal Act, R.S.O., 1980, provides that Councils
of municipalities may pass by-laws to provide:
for clearing away and removing snow and ice from the sidewalks
Removal of on any highway or part of a highway or any class thereof in
Snow and Ice front of, alongside or at the rear of any occupied or
From Sidewalks unoccupied building or vacant lot, or any class thereof,
at the expense of the owners, and for collecting or recovering
the expenses incurred in so doing in any manner including the
manner provided by Section 325.
AND WHEREAS Section 325 of The Municipal Act, R.S.O., 1980, provides that Councils
of municipalities may pass by-laws to recover the expense incurred by action, or the
amount may be entered in the tax collector's roll and recovered in a like manner
as municipal taxes.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS
AS FOLLOWS:
1. In the geographic area of the Town of Newcastle, every owner or occupant
of every building, lot, or parcel of land fronting or abutting on any
street or highway shall clear away and remove, or cause to be cleared
away and removed, the snow and ice entirely from the sidewalk on the
highway in front of, alongside of or at the rear of such building, lot
or parcel of land, within 24 hours from the commencement of snowfall.
2. In the geographic area of the Town of Newcastle, every owner or occupant
of every building upon a lot fronting or abutting on a sidewalk on a
highway, where the closest point of the eave of such building is less
than three metres measured horizontally from the sidewalk, shall clear
away and remove, or cause to be cleared away and removed, the snow and
ice from the roof of such building within 24 hours from the commencement
Of snowfall.
ATTACHIME�dT id0,
0 0 WD-46-97_
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2 -
3. The snow and ice required to be removed under paragraphs 1 and 2 hereof,
shall be removed without damage to the sidewalk, with proper care and
precaution for the safety of persons passing and shall be deposited in
such a way as not to obstruct access to any fire hydrant.
4. No person shall place any snow or ice from his or her property upon the
travelled portion of any highway or upon any sidewalk in the Town of
Newcastle.
5. Where an owner or occupant has failed to comply with the requirements of
paragraphs 1 and 2 hereof, The Corporation of the Town of Newcastle, upon
2 hours prior notice in writing to the owner, or occupant of such lot or
parcel of land, or building, may clear and remove such snow or ice as is
required to be removed under paragraphs 2 and 3 hereof and for that
purpose its servant or agents may enter upon any lot or parcel of land
and any building to remove snow or ice from the roof thereof.
6. Notwithstanding paragraph 5 hereof, where the Corporation of the Town of
Newcastle is unable to immediately locate the owner or occupant of the
lot or building, no notice need be given and the Corporation of the Town
of Newcastle may clear and remove such snow and ice as is required to be
removed under paragraphs 2 and 3 hereof, and for that purpose its servants
or agents may enter upon any lot or parcel of land and any building to remove
snow and ice from the roof thereof.
7. In the event of an emergency, real or apprehended, the Corporation of the
Town of Newcastle may clear and remove such snow and ice as is required to
be removed under paragraphs 1 and 2 hereof, and for that purpose its
servants or agents may enter upon any lot or parcel of land or any building
without prior notice to the owner or occupant.
8. In the event that snow and ice is removed from the sidewalks on the
highway in front of, alongside of, or at the rear of such lot or parcel
of land, or from the roof of any building by The Corporation of the
Town of Newcastle, its servants or agents, the expenses incurred in
such cases may be recovered by action, or the amount may be entered in
the tax collector's roll and recovered in the like manner as municipal
taxes.
9. The Corporation of the Town of Newcastle may clear away or remove snow
and ice from the roofs of all unoccupied buildings where the eave of such
building is less than three metres measured hori2ontally from the sidewalk,
without notice to the owner thereof, and the expenses incurred in so doing
may be recovered by action, or the amount may be entered in the tax
collector's roll and recovered in like manner as municipal taxes.
10. The removal of snow or ice by The Corporation of the Town of Newcastle,
its servants, agents or employees, shall not relieve any person from
liability for breach of the provisions of this by-law.
11. Any person who violates the provisions of this by-law shall be guilty of
an offence liable on conviction thereof to a penalty of not less than
$50.00 and not more than $200.00, exclusive of costs for each such offence,
and every such penalty shall be recoverable under the provisions of The
Sunvnary Convictions Act,
12, 8y-law 78-119 of The Corporation of the Town of Newcastle is hereby
repealed.
i
3
13. This by-law shall come into force and take effect upon the day of
enactment.
By-law read a first and second time this 14th day of December 1987
By-law read a third time and finally passed this 14th day of December 1987
Mayor
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