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HomeMy WebLinkAboutEGD-030-04 . REPORT 112 Cl~#Jglon REPORT ENGINEERING SERVICES DEPARTMENT --ro <1 Meeting: COUNCIL Date: May 10, 2004 Resolution #: C -). 5&:;;- o<f Report #: EGD-30-04 File#: By-law #: Subject: PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON Recommendations: 1. THAT report EGD-30-04 be received; 2. THAT the request for the installation of a barrier at the westerly terminus of Boundary Road in Burketon be referred back to Staff for processing and the preparation of a further report following the receipt of all outstanding comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: 4((~ A.S. Cannella, C.E.T. Director of Engineering Services ReviewedbQ~~ Franklin Wu Chief Administrative Officer ASC*jb April 30, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830 Report #EGD-30-04 Page 2 PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON 1.0 BACKGROUND In certain areas of the Municipality there are situations where residents have been experiencing considerable difficulty and frustration due to the growing number of all terrain vehicles (ATVs), dirt bikes and other recreational vehicles traveling on Municipal public road allowances in their area. Although it is illegal at this point to operate an ATV on a municipal roadway without specific by-laws having been passed, there are some locations where, due to their proximity to the trails, there has been a history of problems with recreational vehicular traffic. One such area can be found along the Boundary Road between the Township of Scugog and the Municipality of Clarington, north of the western terminus of Boundary Road in Burketon. Here there have been ongoing concems expressed with respect to heavy traffic, noise problems and even on occasion, of property damage caused by trespassing. While illegal A TV and recreational vehicular traffic is largely a police enforcement issue, there are sometimes instances, where the Municipality may be in a position to suggest or implement specific solutions to certain problems. Such may be the case in Burketon where a group of local area residents have requested that the Municipality consider the installation of a barrier at the westerly terminus of Boundary Road. It has been suggested that the installation of an appropriate barrier, designed to permit pedestrian traffic and other uses, while restricting or redirecting illegal traffic, may provide the relief residents in this area have been asking for. 2.0 REVIEW AND COMMENTS I n the Burketon area Boundary Road (see attached key map), is one of the most convenient and heavily used access points into the East Cross Forest area (formerly referred to as the Test Hill), an area which has been receiving much consideration from the East Cross Forest Task Force. This Task Force was created within the last year or so to "remedy problems plaguing the East Cross Report #EGD-30-04 Page 3 PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON Forest". Problems include, but are not limited to, "trespassing, the dumping of waste, and environmental damage", When the suggestion was first made to consider the installation of a barrier on Boundary Road we believed that the concems we were hearing certainly warranted a comprehensive review of the situation in this area. To be truly comprehensive, as well as respectful of everyone involved, it is important to obtain feedback from as many different perspectives as possible including other local area residents, Durham Regional Police Services, Fire and Ambulance. It is also important to look at how the alteration of this road allowance will impact upon the Burketon community as a whole, If, for example, a barrier structure is constructed at the westerly terminus of Boundary Road, we first need to look at the pOSSibility that the problem could merely be shifted from one residential area to another? Also important is the need to take a full inventory of the current permitted uses of the road allowance such as snowmobiling, trail walking and horseback riding, so that any disruption of these activities is either minimized or avoided during the design process. Ideally the appropriate structure will continue to allow permitted uses of the trails, discourage non-permitted uses and facilitate timely emergency access. 2.1 The East Cross Forest Task Force The East Cross Forest Task Force was created late in 2002 "to develop short- term solutions and a long-term strategy for problems plaguing the area. Trespassing, particularly by motorized vehicles, environmental degradation, and the dumping of waste were identified as major problems". The East Cross Forest is approximately 3350 acres "and is located in the southeastern portion of the Township of Scugog". "The area generally lies north of Boundary Road and the Municipality of Clarington, east of Fowler Road", and west of the Regional Report #EGD-30-04 Page 4 PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON boundary with the City of Kawartha Lakes. This area is recognized as having a natural heritage and significance as it is the source of the East Cross Creek on the Oak Ridges Moraine. The members of the "Task Force recommended a long-term land use management strategy for the area", "permitting a multi-use area including forestry, natural conservation, and recreational uses", To discourage non- permitted uses it was suggested that "enhanced enforcement, effective signage, public awareness and education", as well as access control be encouraged. The Task Force determined that "appropriate barriers should be strategically located to prohibit unauthorized access into the trails and associated road allowances", Furthermore, it was agreed that both Scugog and Clarington would be willing to "consider a joint pilot project to test the effectiveness of controlling access to the", area if the findings of a public forum support the appropriateness of doing so. It should be noted however, that while Clarington is willing to support this pilot project there are concerns that if access point(s) are closed off in one particular area, it is not unrealistic to expect that in some cases we may only be shifting the problems elsewhere. This is a real concern from the perspective of the Durham Regional Police. 2.2 Public Reaction Burketon is not unlike many of the more rural communities within Clarington in that many of the residents who live there chose to do so specifically because there is the promise of some outstanding outdoor recreational opportunities. Others chose their homes in Burketon because they hoped the area would provide more of the peace and quiet they were looking for. Report #EGD-30-04 Page 5 PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON Early in July of 2003 the Municipality of Clarington and the Township of Scugog sent out letters to many of the residents in the Burketon area asking them for their preliminary comments and suggestions about the proposed closure. We believed that it was necessary to assure those who will be affected by this decision that they will be heard before we consider further action. Response to this preliminary inquiry revealed that public reaction to the possibility of restricted access into the trails from Boundary Road may at best be divided into groups very much for and very much against such a proposal. 2.3 Uses of Boundary Road Permitted uses of Boundary Road currently include vehicular access to the homes in this area, as well as pedestrian access into the trails. It is important to allow for emergency access into the trails especially in light of the fact that we have been advised that car fires in the trails are not uncommon. We also recognize that snowmobile clubs in the area have had agreements in place with the Township of Scugog for several decades and so snowmobile trails are currently a permitted use. At this point it is illegal to operate an off-road vehicle on any Municipal roadway in Clarington, as by-laws have not been passed to permit this. That being the case off-road vehicular traffic is currently not a permitted use. 2.4 Requirements Under the Ontario Municipal Act Boundary Road is covered by a Boundary Road Agreement between the Township of Scugog and the Municipality of Clarington which specifies that Clarington is the road authority for a portion of the subject section of road allowance. In accordance with the Municipal Act, paragraph 34(2), the "alteration of highways", requires that a by-law be passed to allow these changes. Because this section of Boundary Road is under joint jurisdiction alterations would require Report #EGD-30-04 Page 6 PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON that by-laws be passed by both Clarington and Scugog. As part of this process the Municipality of Clarington along with the Township of Scugog is required to hold public meetings to allow interested parties to express their concems and both will be collecting comments from internal and external agencies that have an interest in this matter. 2.5 Barrier Designs Several designs have been considered by both the Municipality of Clarington and the Township of Scugog, but our final recommendation to Council will include a most suitable design that meets the need to limit illegal off-road vehicular traffic while allowing pedestrian and other permitted access into the trails. The final barrier design will be one that has been endorsed by police, fire and ambulance personnel who must feel confidant that this design will allow timely emergency access. It has been agreed that the costs associated with the implementation of this pilot project, including installation and maintenance costs, will be shared jointly between the Municipality of Clarington and the Township of Scugog in accordance with the respective Boundary Road Agreement. 3.0 AGENCY & PUBLIC COMMENTS The details of this request have been circulated to various agencies and their concerns will be made available in our final report. In addition, and because Boundary Road is under joint jurisdiction, we will be working co-operatively with the Township of Scugog to co-ordinate having similar by-laws passed by both municipalities. Report #EGD-30-o4 Page 7 PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON 4.0 STAFF COMMENTS On October 20, 2003 Council approved Resolution #C-540-03, stating that Clarington will consider altering the unopened Boundary road allowance in cooperation with the Township of Scugog provided that the provisions of subsection 34(2) of the Municipal Act, 2001 with respect to the giving of public notice, is met. As the purpose of this report is to satisfy the Public Meeting requirement under the Municipal Act, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachment 1 - Key Map ~ TOWNSHIP OF SCUGOG Unopened Road Allowance -------------------------------- ------------------------------- MUNICIPALITY OF CLARINGTON (BURKETON) St. Law renee & H Udson R . ai/Way N W~lf S 660m Boundary Road SUBJECT SITE 9 0- (fl ~ "6 to Cone. Rd. 10 Engineering Services REPORT EGD-30-o4 ATTACHMENT NO.1 APR.2004