HomeMy WebLinkAboutWD-8-93 Addendum THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # 72�'J,,R
(- r)
Date: FEBRUARY 7, 1994 Res. #
ADDENDUM TO By-Law
Report#: File ff: _D__0L_2_0_01
Subject: CLOSURE OF WILLIAMS MILL BRIDGE AND THE APPROACHES TO
VEHICULAR TRAFFIC
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report Addendum to WD-8-93 be received;
2 . THAT the proposed By-law attached to Report Addendum to WD-8-
93 be forwarded to Council for approval;
3. THAT Mr. and Mrs. Michael David, Mr. E. G. Spong and Mr. Joe
Drew be advised of Council's decision and be provided with a
copy of the By-law; and
4 . THAT in accordance with The Municipal Act (Chapter M.45
s297 (3) (c) RSO 1990) By-law 93-60 be forwarded to the Ministry
of Municipal Affairs for approval.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2 : Minutes of Public Hearing held on April 26, 1993
No. 3: Correspondence dated March 22, 1993, from Michael
and Alwine David
1089
REPORT NO. : ADDENDUM TO WD-8-93 PAGE 2
No. 4 : Plan showing the route the Davids can take to
obtain access to their property on the west side of
the bridge if the bridge is removed
No. 5 : Proposed By-law
2.0 BACKGROUND
2. 1 Temporary Bridge
Several years ago, the Williams Mill Road Bridge collapsed and
was replaced with a temporary structure consisting of steel
beams placed on top of the earth embankments on each side of
the Bowmanville Creek and a wooden deck placed on top of the
steel beams. A three (3) ton load limit was placed on the
bridge with the consequence that the road could not be
ploughed with Clarington's snow removal equipment which weighs
more than three (3 ) tons. This problem was solved by hiring
a local farmer to remove the snow from the bridge and
approaches with a tractor and snow blower.
The concrete abutments from the old bridge, which were not
removed, could fall into the creek causing a back-up of water
on the Bowmanville Creek with possible property damage up-
stream from the bridge.
2 .2 Recommendation to Reconstruct the Bridge
In Report WD-55-89, dated May 22, 1989, a recommendation was
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made to reconstruct the Williams Mill Road bridge at an
estimated cost of $100,000.
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At a regular meeting held on May 29, 1989, Council denied the
recommendation to reconstruct the bridge and directed staff to
improve Williams Mill Road to provide access to the properties
owned by Mr. and Mrs. Joe Drew on the west side of the bridge
and Mr. and Mrs. Michael David on the east side of the bridge.
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1090
REPORT NO. : ADDENDUM TO WD-8-93 PAGE 3
2 .3 Negotiations for the Purchase of Land for Widening
The width of the Williams Mill Road varies and is generally
about 23 feet wide. Negotiations to purchase land from the
Davids and Mr. Van Schyndel (formerly Drew property) , to
provide for a wider road allowance and for the construction of
turnarounds, were not successful. Since the widening was for
the benefit of the two (2) property owners, no further action
has been taken regarding the land purchase.
Improvements have been made to the road within the confines of
the narrow road allowance. There are no turnarounds. Also,
Williams Mill Road is maintained year-round.
2 .4 Bridge Closed and Barricaded
In 1990, a horse's hoof broke through the wooden deck of the
bridge. The bridge was closed and barricades were placed at
both ends of the bridge. The bridge has remained closed.
2.5 Public Hearing
At a regular meeting held on March 1, 1993, Council approved
Resolution GPA #89-93:
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"THAT Report WD-8-93 be received;
THAT staff be authorized to advertise a public hearing
required by the Municipal Act to stop up and close
Williams Mill Bridge and part of Williams Mill Road (the
approaches) to vehicular traffic, in Lot 19, Concession
6, Darlington, Part 2, Plan 40R-14291;
THAT, if following such Hearing, Council approves the by-
law to stop up and close the bridge and part of the road
(the approaches) to vehicular traffic, the Mayor and
Clerk be authorized to execute the necessary documents to
complete the closure;
� U91
REPORT NO. : ADDENDUM TO WD-8-93 PAGE 4
THAT following the passing of the by-law, Public Works
staff be authorized to:
(a) install permanent barricades at each end of the
closed approaches; and
(b) remove the bridge deck and abutments.
THAT $3,500 be provided in the 1993 Budget for the
installation of barricades and removal of the bridge deck
and abutments;
THAT the Town's solicitor be directed to take all actions
necessary to complete the closure; and
THAT Mr. Michael David and Mr. Van Schyndel be advised of
Council's decision and be provided with a copy of Report
WD-8-93.
2 .6 Advertisements were placed in the local newspapers regarding
a Public Hearing and the Hearing was held on April 26, 1993.
A copy of the minutes of the Public Hearing are attached to
this report (Attachment No. 2 ) . There were three ( 3)
delegations at the Hearing, all of whom oppose the closing of
the bridge.
3.0 REVIEW AND COMMENT
3.1 Objections
As noted in the minutes of the public meeting, Mr. Joe Drew,
6625 Holt Road, Mrs. Alwine David, 30 Williams Mill Road and
Mr. E. A. Spong appeared before Council. Mr. Spong was
speaking on behalf of Mr. Gerry Schyndel.
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REPORT NO. : ADDENDUM TO WD-8-93 PAGE 5
3 . 1. 1. Mr. Joe Drew
Mr. Drew indicated that he is the former owner of
the property now owned by Mr. Gerry Van Schyndel
and he presently owns adjoining land to the north
and that he feels that the closure of the bridge
will cause a great inconvenience for citizens who
use the road.
Response:
There are two (2) properties which had some benefit
of the bridge: the Michael David's on the east
side and the Van Schyndel's on the west side.
Williams Mill Road is a very narrow road and, for
the most part, would only be used by the property
owners of each side of the bridge. Both of these
property owners have access to their property even
with the bridge closed. The road is very narrow
and it is unlikely that any of the general public
would ever want to use the road.
3 . 1.2 Mr. E. G. Spong
Mr. Spong indicated that his client, Mr. Van
Schyndel, has the same concerns as expressed by Mr.
Drew. Also, Mr. Spong indicated that, if the
bridge is closed, the value of his client's
property will drop to approximately one-third of
the estimated 1990 value.
Response:
The bridge has been closed since 1990 and Mr. Spong
did not produce any evidence to substantiate his
claim regarding the drop in property value.
1U93
REPORT NO. : ADDENDUM TO WD-8-93 PAGE 6
3 . 1 .3 Mrs. Alwine David
At the public hearing held on April 26, 1993, Mrs.
David voiced the following concerns:
a) She and her husband own property on both the
east and west sides of the Bowmanville Creek
and they require the bridge in order to
maintain the fence line on the property (on
the west side) and to bring wood out of the
property; and
b) The whole creek valley would be lost for
cattle pasture and that Mr. and Mrs. David
need to establish a new fence on the east side
of the creek and use well water to water the
cattle. Also, the existing well is not
sufficient to support the additional drinking
requirements of the cattle.
Response:
A meeting was held with Mrs. David on November 3,
1993, to discuss her concerns. All of Mrs. David's
concerns are based on the premise that they would
have to drive about 5.8 kms (3.6 miles) return trip
to gain access to their property on the west side
of the creek. None of the activities expressed are
done on a daily basis.
In addition to the above-noted concerns, in a
letter dated March 27, 1993, Mr. and Mrs. David
stated that, if the bridge is closed, their
property should be reassessed for property tax
purposes.
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REPORT NO. : ADDENDUM TO WD-8-93 PAGE 7
Response:
It is suggested that, if Mrs. David believes that
their property should be reassessed because of
closure of the bridge, she contact Mr. Steve
Galloway, who is the property assessor for their
neighbourhood, to determine if an assessment
reduction is warranted. Mr. Galloway can be
reached at 1-800-268-2224 . His office is located
at 605 Rossland Road East, Whitby.
3.2 Legal Issues
At the meeting held with Mrs. David on November 3, 1993, two
(2) legal issues were raised:
3 .2 . 1 Does the Municipality have a legal responsibility
to replace the bridge?
Response: No
3 .2 .2 If the Municipality were to convey the bridge and
land abutting the bridge on either side of it to a
private land owner, would the Municipality have
continuing liability for any personal injury or
property damage resulting from use of the bridge?
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Response: Yes.
4.0 CONCLUSIONS AND RECOMMENDATIONS
4 . 1 From the above, it is concluded that:
a) The closure of the Williams Mill Road Bridge does not
have any direct effect on Joe Drew.
� U9
REPORT NO. : ADDENDUM TO WD-8-93 PAGE 8
b) It presents an inconvenience to Mr. and Mrs. David but
does not deny them access to their property on the west
side of the Bowmanville Creek.
c) Based on the information provided by Mr. Spong on behalf
of Mr. Van Schyndel, the closure of the bridge does not
depreciate the value of Mr. Van Schyndel's property.
d) There are only two options: replace the bridge or close
the bridge.
4 .2 Based on the above, it is recommended that Council approve the
proposed By-law (Attachment No. 5) .
4 .3 A copy of this report has been provided to Mr. Joe Drew, Mr.
and Mrs. Michael David and Mr. E. G. Spong and they have been
advised that, if they wish to be placed on the agenda to be
heard as a delegation regarding the report, they must advise
the Clerk not later than noon on Wednesday, February 2, 1994 .
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P.Eng. M e Marano, H.B.Sc. , AMCT
Director of Public Works Acting Chief
Administrative Officer
WAE*ph
January 27, 1994
Attachments
pc: Mr. & Mrs. Michael David
30 Williams Mill Road
R.R. #1
Bowmanville, Ontario
L1C 3K4
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U96
i
REPORT NO. : ADDENDUM TO WD-8-93 PAGE 9
Mr. E. G. Spong
Barrister & Solicitor
124 Byron Street North
Whitby, Ontario
L1N 4N8
Mr. Joe Drew
6625 Holt Road
Bowmanville, Ontario
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Lu ATTACHMENT NO. 1
C CESSION D. �6 � t O 05 ADDENDUM TO WD-8-93
Council Minutes - 2- April 26, 1993
PUBLIC MEETING
Mayor Hamre announced that the Council of the Town of Newcastle is holding
a public meeting for the purpose of citizens wishing to express their concerns
regarding By-law 93-60, being a by-law to stop-up and close part of the road
allowance to vehicular traffic in Lot 19, Concession 6, former Township of
Darlington (Williams Mill Bridge) Town of Newcastle, Part 2, Plan 4OR-14291.
Mr. Joe Drew, 6625 Holt Road, Bowmanville, indicated that he is the former
owner of the subject property and he presently owns adjoining land to the
north. Mr. Drew indicated that many dollars have been spent on this bridge
over the years and that the closure of it will cause a great inconvenience for
citizens who use the road. He also indicated that the road is unique and that
some importance should be placed on the historic value of the bridge.
Mrs. Alwine David, 30 Williams Mill Road, R.R. #1, Bowmanville, voiced her
concerns with respect to the closure of the bridge. She indicated that she and
her husband own land on both the west and east sides of the bridge and they
require the bridge in order to maintain the fence line on the property and also
to bring wood out of the property. should the bridge be dismantled, the whole
creek valley would be lost for cattle pasture and Mr. and Mrs. David need to
establish a new fence east of the creek and use well water to water the cattle.
Their existing well is not sufficient to support the additional drinking
requirements of the cattle.
Mr. E. G. Spong, 124 Byron Street North, Whitby, LIN 4N8, appeared before
Council on behalf of his client, Mr—Gerry Van Schyndel. Mr. Spong indicated
that Mr. Van SdVndel has similar concerns to those stated earlier by Mr.
Drew. Also, Mr. Spong indicated that if the bridge is closed, the value of his
client's property will drop to approximately one-third of the estimated 1990
value. Closing the bridge will mean that Mr. Van Schyndel must drive an extra
two miles out of his way to get to his property.
ATTACHMENT NO. 2
ADDENDUM TO WD-8-93
I
1099 j
Michael and- Ai'v,-ne David, R.R. I Bowmanvi--L-,e , 30 7iiiiams Mill Rd.
Corporation of the
Town of Jqewcastle
40 Tenipernce Street
Bowmanville , Ont .
LIC 3A6
March 22 , 1993
Dear Mr. T-,vans, Mr. Kotseff
Fe : CLO "ih' ' OP BRIDG-';j
PLAN 40R-14291 - FT-LjE : 1,07.4oO0.'4';'I
A few years a ,o we 4er.e �:1' i-s t,d L) 10r. Donald Patterson,
Manager of Oi�er«tions , Puplic works dt:partnient , Hampton, that
the bridge would be closed to traffic. Barricades were erected
SO that cars could riot go throu-;;L'h.
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We advised. 1,jTr. Patterson at 1:1-iat tj'i�,je
L e that vve have land on the
west side of the bridge and we need tae bride to ;,o over it
with -3 trukto):• and small trailor in order to--maintalLn t,)e Fence
line on the propei.•tv of Njichael D!jvid . Te also use wood front tfte
rrore.rtY of Alwine David and -,;,;e need tree bl.•Idf:e tc)
out .
Patters:n rissured u , we would be able to use the briave ,
that a gate wou) d be installed below biae house with a lock anal
we would jet a key to it in order to lictve access to our property .
If perj:;anent barriers erected z;nd ttie b •id_,:e is disnianteid
we loose the i)se Of oi.jr land , The whole creek-valley would be
lost for cat-cle pasture . We would nave to estaDlisrj 11 no
line east of tree creek �,nd ase. weil y,,a.tel, t(') tx:e 'cattle .
Our existir)�; ~veil is not SLkf Cicient to su*C1,01-t ta(:; additional
drinking, requirejyiettt�, for tne cattle. .
If this Happens we feel. ta-Lat t,1-ti
L;1 00erLy VIOUld uave to be
reassessed fol• property tax pur-noses � since loose lot
of usuabie land and it would vreatl
'Y diministj the value for
cattle pasture Land would lend- t 1 4
e-27- h�� "woodJoi, oseie-s .
Please consider not to nave the bridr�*e disrriartteld The cost of
disi;iantelin-T be applied toward stren,--'the ning tree sti-ucture and.d
.installin.- a gate be- ow our house with
a lock as Mr. Patterson
suggested.
Thanking you for considerine-, Old,- letter
ATTACHMENT NO. 3
ADDENDUM TO WD-8-93
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7„r""( sincerely
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;icn.ael David
Twine David
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Route whi 7the David
can take ss th it
property On the west i e
I property of I operty of
D vi Of the Creek '�
Joseph Drew "'
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Williams Mill
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Property of
Gerry Van
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DRAWN BY: JM DATE: JAN. 1994
ATTACHMENT N0, 4
1 O 9 9 2 ADDENDUM TO WD-8-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-
Being a By-law to stop-up and close part of
the road allowance to vehicular traffic in Lot
19, Concession 6, former Township of
Darlington (Williams Mill Bridge) ,
Municipality of Clarington, former Town of
Newcastle, Part 2, Plan 40R-14291,
WHEREAS The Corporation of the Municipality of Clarington deems it
desirable to stop-up and close part of the road allowance and the
bridge to vehicular traffic in Lot 19, Concession 6, former
Township of Darlington, Municipality of Clarington, described as
Part 2, Plan 40R-14291, Municipal Act, R.S.O. 1990 c.m.45,
x.297(9) .
WHEREAS notice of the intention of Council to pass this by-law was
sent to the Regional Municipality of Durham on the 23rd day of
February, 1993, and the Regional Municipality of Durham granted
approval of the proposed by-law by letter dated the 24th day of
March, 1993.
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS:
1. Part of the portion of the road allowance comprising all and
singular that certain parcel and tract of land and premises,
lying and being in the Municipality of Clarington, in the
Regional Municipality of Durham, Province of Ontario, and
being composed of part of the road allowance (the approaches)
and the bridge in Lot 19, Concession 6, former Township of
Darlington, Municipality of Clarington, former Town of
Newcastle, more specifically described as Part 2 on Plan 40R-
14291 deposited in the Land Registry Office for the Registry
Division of Durham (No. 40) on June 26, 1992, is hereby
stopped up and closed to vehicular traffic effective
19
BY-LAW read a first and second time this 14th day of February,,
1994.
BY-LAW read a third time and finally passed this 14th day of
February, 1994.
MAYOR
CLERK
ATTACHMENT NO. 5
ADDENDUM TO WD-8-93
1099 3
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