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HomeMy WebLinkAboutEGD-044-04 -...;:::: CJ!Jl-ilJgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 20,2004 (.7 /,Ji1 7,. . Resolution #::,1/1-,)6C.(4 Report #: EGD-44-04 File#: By-law #: Subject: RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON Recommendations: 1. THAT Report EGD-44-04 be received; 2. THAT the Municipality of Clarington refer the request for a barricade on Boundary Road in Burketon and the issue of off-road vehicles and ATVs to the Regional sub-committee of the East Cross Forest Task Force for further consideration; 3. THAT interested parties be notified of Council's decision. Respectfully by, ~ Submitted by: A.S. Cannella Director of Engineering Services ~) r&~~ L~ Reviewed by: Franklin Wu Chief Administrative Officer ASC*jb August 30, 2004 701 'Report #EGD-44-04 Page 2 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON 1.0 BACKGROUND On May 10, 2004 the Municipality of Clarington held a Public Meeting to consider altering the unopened Boundary Road allowance after having received direction according to a Council resolution passed on October 20, 2003. Resolution #C- 540-03 stated: "THAT Council consider altering the unopened Boundary Road allowance with the Township of Scugog located west of Old Scugog Road, in cooperation with the Township by construction of a motor vehicle barrier with lockable gates at a location on the allowance satisfactory to the Director of Engineering Services, provided that the provisions of subsection 34(2) of the Municipal Act, 2001 respecting the giving of public notice of intention to pass the necessary by-law concerning the alteration of the unopened road allowance in question and the holding of a public meeting to consider representations by the public regarding the intended by-law are held, and provided that the Township of Scugog undertakes similar actions." As detailed in report EGD-30-Q4 of May 10, 2003, the Municipality has been involved in considering a recommendation made by the East Cross Forest Task Force, to consider the installation of a barricade at the westerly terminus of Boundary Road in Burketon as part of a pilot project. This regional committee, which was formed to address the impact of environmental damage to highly sensitive core areas of the Oak Ridges Moraine, has recommended that up to 50 barrier structures be installed across the Durham Region as a means of limiting access into the trails. Boundary Road in Burketon was seen as an ideal location to pilot this project because the number of recreational vehicles accessing the trails in this area is seen by some as a considerable issue in terms of its impact on the environment and on quality of life. 702 'Report #EGD-44-04 Page 3 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON Engineering Services staff have been extensively involved in reviewing this request and as a result we have become increasingly aware that the local problems in Burketon are actually symptomatic of a much larger and more complex issue. Resident's, politicians and stakeholders from across the Durham Region have all been raising concems regarding the increasing numbers of off- road vehicles across the entire Durham Region. Environmental damage to highly sensitive core areas of the Oak Ridges Moraine, personal injury and safety concerns, private property damage, confrontations with private landowners, noise problems in residential areas, as well as a general lack of awareness about what is and is not legal in terms of riding off-road recreational vehicles all point to the fact that this is a growing sport that requires strategic direction at a senior level. I n terms of the issues in Burketon and our ability to respond to them at the local level the intent of our Public Meeting on May 20, 2004 was first to satisfy the provisions of subsection 34(2) of the Municipal Act, 2001 and also to determine whether we have the support we need to proceed. Of equal importance was the need to take a full inventory of the current permitted uses of the road allowance so that if it becomes appropriate to move to the design phase we will be informed and in a position to make the best choice possible. The intent of this report then is to summarize the findings of our research and to make what we believe is the best recommendation in terms of addressing the entire issue and in protecting public safety. 2.0 PUBLIC FEEDBACK The issue of public support has been approached on three separate occasions. In July of 2003 a preliminary circulation was made to a group of approximately 50 local area residents asking them for their comments and suggestions about the possible closure. A similar survey was again circulated to the same group of residents in April of this year. Normally circulation involves only those residents immediately abutting the potentially affected road allowance but in this case we 703 'Report #EGD-44-04 Page 4 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON felt it important to consider feedback from a meaningful cross-section of the community. The results of these surveys are as follows: if;lrst..~Secondeircqlldlo"to Residents ';fJply 2003& ApriI2004)ii .~~ receive<! il'\ 'NI'itiI'lg - these results do not include those received fromintemal ,eild external aaencies which will be summarized later in the .......... Those in Favour Those Opposed Those in Favour of a Partial Closure 4 11 1 Those in favour of a barrier are understandably frustrated by the illegal dirt bike and ATV traffic entering and exiting the Oak Ridges Moraine by way of Boundary Road. It is their belief that even a single barricade will eliminate the illegal traffic. In addition to the traffic and noise, the East Cross Forest Task Force has reported significant environmental damage to highly sensitive areas of the Oak Ridges Moraine, stating that "illegal activities occurring in the East Cross Forest have given rise to a number of associated problems plaguing this ecologically sensitive area. The Forest has become a 'party pit' location, a venue for all- terrain vehicle enthusiasts, and a dumping ground for abandoned vehicles, tires, and other waste". Additional concerns are related to noise pollution, personal safety, and damage to the shoulder of Boundary Road. Those opposed to a barrier share two main concerns; the first being a very genuine concern that traffic will not be prevented; only re-routed around the barrier onto private or public property. Some residents immediately abutting the proposed barrier have indicated that while they were initially in favour they are now opposed to such a proposal because, having had time to give it some thought, they are convinced that their property could be damaged. As one resident has stated "the proposed gate will not prevent the trafficfnoise/ speed/etc. on the main portion of Boundary Road: Vehicles will still travel along the road and in front of most of our houses..... from #57 to Old Scugog and find other way(s) in". "I know of a possible 10 alternate points including going .. 704 <Report #EGD-44-04 Page 5 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON around the gates on private property, by the railway and thru the park". This uncertainty about where the off-road vehicular traffic will go once the barrier is in place raises questions both of personal safety and of risk. Additional opposition relates to property access and lifestyle. One land owner has stated, "I am concerned that placing a permanent barrier on the road might somehow impact my right to get access to my property", He has explained that "the only way to access the portion of my 45 acres on the north side of the railroad tracks is through this Boundary Road". Others have talked about moving into the Burketon area specifically because it promised outstanding recreational opportunities. 3.0 AGENCY COMMENTS Various agencies have been circulated for comment on this proposal and where there has been opposition it specifically relates to emergency access into the trails as well as the ability to enforce the law. An official response from the Durham Regional Police states that "installing a barrier on Boundary Road will not eliminate the problem", "the installation of the barrier will not serve its intended function, but only additional concerns for the local community in Burketon". The ability to enforce the law is much clearer when a violation occurs on public property. When a violation occurs on private property, as will happen if people go around the barrier, the ability to lay charges becomes a more complicated matter. As was made clear by the summary statements reported by the East Cross Forest Task Force, this area is "a dumping ground for abandoned vehicles", and as the Durham Regional Police have indicated, many of these vehicles are set on fire before they are abandoned. Emergency access into the trails then is a very real concern. Police, Fire and Ambulance have all highlighted the importance of maintaining timely access into the trails. 705 "Report #EGD-44-04 Page 6 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON A final point to consider is the fact that snowmobile clubs have had agreements in place with the Township of Scugog for almost thirty years and provisions must be made to allow this to continue. Therefore the barrier design we have been looking at, is a gated structure that can be opened during the winter season to allow snowmobile access but closed during the warmer months to prevent off- road vehicular traffic. There is concern that this changing accessibility could be confusing for drivers who perhaps use this trail one week only to find it closed the next. This could increase the potential for personal injury and liability. Inventory of Permitted Uses and Design Considerations . Pedestrian access . Horseback riding . Snowmobile trails . Wheelchair access . Bicycles . Property access . Emergency and Police personnel 4.0 RECOMMENDATIONS & CONCLUSION Dealing with the issue of ATVs is surprisingly more complex than might be initially understood. The problem stems from and results in a broad spectrum of challenges which include but are not limited to, a lack of awareness of the laws, enforcement issues, necessary changes to legislation, environmental damage, property damage, personal safety, liability, noise, and much more. The closer you get to the issue the more aware you become of the potential domino effect that anyone solution could have if it is not implemented as part of a comprehensive strategy. The government of New Brunswick was one of the first provinces to recognize that to effectively respond to such a broad range of issues a response must come from the provincial level. On November 30, 2000 the Honourable Milton Sherwood, Public Safety Minister for New Brunswick, announced the 706 . Report #EGD-44-o4 Page 7 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON establishment of an All-Terrain Vehicle (ATV) Task Force to respond to the "increased number of deaths, unauthorized use of all-terrain vehicles, concerns about damage to the environment, greater exploitation of fish and wildlife, the threat to sensitive areas, endangered species and/or their habitat, increased opportunities for incidents of crime, trespass on private property and confrontations with private landowners and other recreational users." All of them issues that we in Clarington, we in the Durham Region, and we in the Province of Ontario are currently facing. It is our position that a great deal can be done to ensure that this very popular sport is managed responsibly. An effective strategy would include the passing of appropriate laws to make enforcement more effective and requiring that ATV owners take a safety course prior to obtaining a permit to use their vehicle, much as was done with boating licenses. Part of the course curriculum could focus on where it is and is not legal to ride an ATV in Ontario because lack of awareness of the laws is a huge part of the problem. Media campaigns focusing on public awareness and safety should be developed along with well managed trail systems which offer people a place to ride away from residential communities and highly sensitive natural areas. At the municipal level our ability to respond effectively to these very real concerns is far too limited. We are simply not in a position to effect the types of changes that are needed to solve the problems. Rather than suggest that there are quick and easy solutions to the problems we see our role in this matter as being one of advocacy in moving this issue to the level of government which can realistically be expected to respond to the concerns. We believe that the most appropriate next step in dealing with this growing sport is not to minimize the issue but to continue to work towards having it recognized as one that deserves a more comprehensive review. 707 . Report #EGD-44-04 Page 8 RESPONSE TO A REQUEST FOR THE INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON The Municipality of Clarington has been working and will continue to work with staff at the Region of Durham to help establish a regional committee that will bring each municipality to the table to determine a position on the issue. Once we have a clearer picture and a strong enough voice it is our recommendation that this Regional Committee approach the Province to take the lead role in managing the sport. Clarington staff will work with residents and interested stakeholders to improve things at the local level as much as is possible. Realistically however, we expect that these efforts will be limited. At this time it is our recommendation that initiatives such as the Burketon barrier not be implemented until such time as the appropriate provincial framework is in place to ensure that one isolated remedy does not make things more difficult. List of Interested Parties: 1) Burketon Resident's Circulation List (as were circulated for comment) 2) East Cross Forest Task Force Members 3) Durham Regional Police Services 708