Town council balks at assuming infrastructure on Boblo Island

Amherstburg Municipal Building.

Town council has rejected an administrative recommendation to assume infrastructure on Boblo Island.

The recommendation called for the town to assume underground infrastructure, curbs and the concrete roadway on the south end of the island but the motion to proceed with that failed on a 4-3 vote. 

Mayor Michael Prue cast the deciding vote, telling council and the public earlier in the discussion, he walked the roads of the south end. Five photos that he took were placed on the large screen in the council chambers during Monday night’s meeting with Prue asking administration on how they were repaired and what happened.

According to the mayor, he found over patches in the roadway and multiple concrete panels that have already been replaced. He said there is only one home occupied on the south end.

“That’s the way it looks today,” he said. “Why can you tell me this road will last?”

Development engineering coordinator Sydnee Botham said concrete is not a flexible pavement, and that cracking can occur during temperature changes. She noted walk-through tours have been completed with repairs made in order for the town administration to recommend to council that it can be taken over.

“There are currently no structural deficiencies in the road or reasons to reject assumptions from administration’s point-of-view,” she said.

The development agreement says the town has to assume the roadway at some point and that the maintenance period has been completed with issues rectified.

Prue said the town would assume the road and then expect road repairs every spring, claiming “it doesn’t sound like a good deal for the town.” Botham said it is not guaranteed that repairs would be needed every spring, but it is hard to predict what can happen every freeze/thaw cycles.

Acknowledging that council has been told there is a legal obligation to assume the roadway, Prue still questioned the condition of the road and “what we can expect will be in this condition every single year” after the winter thaw.

Manager of engineering Todd Hewitt said concrete roads are different in visual appearances than asphalt roads. An asphalt road would show imperfections after three years, but they would not be as noticeable as a crack or a chip in a concrete roads. 

“Although the appearance is striking because of its nature especially with the old panels and the new panels, the developer in this case has made the repairs – actually made them twice – and now we’re in a position where we’re ready for acceptance and assumption,” he said.

Prue noted the north end is still an assumed road, with CAO Valerie Critchley stating that was an in-camera discussion. She added there is a development agreement that, one year after maintenance, the town is to return the deposit.

“We have no contractual reason not to give back the security deposit for the construction of the road,” said Critchley.

“I hear you only too well. This is very disappointing for us to have to assume this,” Prue replied.

Councillor Linden Crain asked why it was concrete versus asphalt, with Hewitt stating concrete was requested because the concrete could be made on the island instead of tying up the ferry with vehicles that would be needed for asphalt.

Earlier in the meeting, Councillor Peter Courtney asked about the timing of assuming the infrastructure given there are not a lot of homes on that side of the island yet. Hewitt said the town is bound by development agreements where the town assumes infrastructure as long as there is satisfaction by administration when the maintenance period is up.

Courtney also noted there could be issues with the road getting “pummelled” by construction equipment during home construction. Development engineering coordinator Sydnee Botham stated everything the town owns in a municipal right-of-way is covered through a deposit from a developer.

Hewitt noted a three-metre pathway that will be installed but that is postponed for the time period. Councillor Don McArthur wanted to know why there is a delay in installing the pathway, with Botham stating it is not uncommon for developers to request certain items be delayed and that is allowed through the development agreement.

“At this time, we are holding 100 per cent of the securities,” said Botham.

McArthur said he didn’t see what the benefit was to hold off on the pathway, questioning where residents would be able to walk. Botham said typically pedestrians avoid the areas during the construction period but McArthur pressed further.

“I don’t understand why it can’t be built now,” said McArthur.

Hewitt said in a two-year period, the town will make sure the pathway is in before the final security is released.

Councillor Diane Pouget said “I want to make sure all the guarantees are there to protect the south end,” with Botham stating the pathway is required for the south end. Securities are held, she stated.

Multiple walk-throughs of the roadway on the south end have been held, Botham added, and Amico has proceeded with the repairs.

“They have, to our understanding, completed all the requirements in order for the town to take over the concrete roadway,” said Botham.

Critchley said it is “no different” than roads in any other subdivision whether they are concrete or asphalt. 

Prue and Courtney raised the issue of Angstrom Dr., with the Pointe West road having issues with the town finally replacing it. Hewitt stated it was an “unfair” comparison as Angstrom Cr. was concrete placed on topsoil. There are different repair methods on Boblo, he said, adding there are usually 50-60 year lifespans for concrete roads without mill and paves that are needed on an asphalt road.

“Structurally sound, we must accept it and we’ll have to continue to put lipstick on this,” Courtney believed the current situation to be.

McArthur continued the issue of the pathway, stating pedestrians “need to be at the forefront” of the debate.

“We’re sort of hanging our hats on the fact people aren’t going to walk down that road because there is nothing to see,” said McArthur. “Our mayor walked down that road. He could have stepped on one of those cracks.”McArthur said the pathway should go in before the roadway is assumed, adding he hadn’t heard why the pathway couldn’t go in. Critchley said the development agreement allows for the postponement of some elements, as it does with other developers, and she cautioned council with respect to that. Hewitt added such items as pathways and sidewalks can be costly to repair and the town tries to avoid seeing developers incur additional costs.

“This road is not unsafe. The mayor has walked on it, Sydnee has walked on it. It can be walked on. It’s  not like there’s large cracks or craters that are unsafe for pedestrians to walk on,” said Hewitt.

Hewitt added they will work with the developer to get the sidewalks and paths added “as soon as possible” as it is an amenity the town thinks they should have.

Pouget had it confirmed that the town can ask a pathway can be put in sooner rather than later. 

Voting in favour to accept and assume the infrastructure were Deputy Mayor Chris Gibb, Councillor Molly Allaire and Councillor Linden Crain. Opposed were Prue, McArthur, Courtney and Pouget.

Prue broke the tie and was mindful of the contractual agreement and alleged “it is not right what is happening to us.”

“I’m probably going to get every lawyer in the country mad. I’m going to vote no,” he said.

Prue called for staff to return to the developer and negotiate further what can be done regarding repair timetable, the pedestrian walkway “and other elements that have been discussed here tonight and to bring it back to council by year’s end.” That second motion was passed by council.

Rather that accepting it “because we have to do it,” Prue said he wanted to see to make things better for people on the island, including cyclists and pedestrians.

Town council balks at assuming infrastructure on Boblo Island

By Ron Giofu