Puslinch councillors now have options to review on Dec. 20 regarding the potential renaming of Swastika Trail.
On Dec. 6 councillors received a report from deputy clerk Nina Lecic outlining those options.
Mayor Dennis Lever stated the report, not discussed by council that night, was tabled to make the public aware of the choices.
“It is now publicly available and will be discussed at the (Dec. 20) meeting,” said Lever.
He added the meeting will be moved to the Puslinch Community Centre “in anticipation” of many people attending.
Background
Last summer, township council received a request to alter the name from Swastika Trail to Travelled Road.
At that time, the concerns focussed on the road network and emergency response.
Later that summer council received another request to rename the road.
At that time, a number of changes were recommended to the Bayview Cottagers Association to improve road network identification.
On Oct. 19, two firefighters attended Swastika, Maple, Cedar, Elm and Birch Trails with the Aerial 33 in order to assist the Bayview Cottagers’ Association with identifying and marking any trees that were obstructing passage of emergency vehicles.
At that time, council members received complaints about the name of the road, Swastika Trail.
A notice of motion was introduced at the Sept. 6 council meeting in which council encouraged the association to consider renaming the road “to a name of its choosing.”
The township offered to contribute up to $500 to replace street name signs.
The association then sent letters to Swastika Trail residents advising them of a special meeting on Nov. 1. A vote to retain the name of the trail passed 25-20 (with one spoiled ballot).
Swastika Trail remains privately owned by a numbered company and the properties along the road are part of the Bayview Cottagers’ Association.
The association looks after the maintenance of the common areas, in accordance with the direction of the membership, which includes oversight over all the roads (including Swastika Trail).
Puslinch provides street name signs to private roads that intersect a municipally owned road, as is the case with the intersection of Swastika and Travelled Road. The remaining signs are the responsibility of the association.
In addition, Puslinch provides street light maintenance for the roads located within the association, through a special levy.
Municipal powers to rename a private road
Lecic’s report states Section 48 of the Municipal Act, 2001 grants municipalities the power to name or rename private roads.
However, the municipality may only do so after giving public notice of its intention to pass the bylaw.
The use of “may” in this provision means the power is permissive so municipalities have discretion when exercising this power.
In cases where an individual or group makes an application to change the road name, the municipality may impose charges to cover the costs or require that such a change be agreed to by a certain percentage of affected residents.
Lecic noted that currently, the township’s bylaw regarding civic addressing does not contain provisions for establishing a formalized process for the naming or renaming of roads (public or private).
Next Steps
The following is an overview of the options Lecic presented to council for naming Swastika Trail:
– approve the resolution by receiving the report, thus leaving the private name unchanged, as per the vote received from the residents of Swastika Trail. In this case, council would not exercise its discretionary authority to rename the private road; and
– rename Swastika Trail.
If council chooses to rename the road, a resolution would need to be passed indicating council’s intent to change the name.
The resolution would also direct staff to engage in the following process:
– send a letter to all property owners on Swastika Trail asking for an alternative name. Each property would be able to submit one alternative option. The letter would encourage residents of the trail to work together as part of their submission process, so that the submitted name list is the best reflection of the preferences of the community;
– staff would come back to council with a report outlining the submitted alternative names, along with comments from all relevant agencies (fire and the County Emergency Management Department);
– council would pass a resolution outlining its preferred alternative name;
– staff would give public notice of the township’s intention to pass the name changing bylaw. Notice would be posted on the township’s website and a letter would be sent to all Swastika Trail property owners. Notice would note the date of the council meeting when adoption of the bylaw will be considered; and
– staff would bring forward the bylaw at the prescribed meeting.
Financial implications of changing name
Should council vote to proceed with renaming Swastika Trail, there would be a financial implication with the replacement of one township sign at the intersection of Swastika and Travelled Road at an approximate cost of $100.
The association would be responsible for changing the remaining street signs.
A name change would result in a number of financial implications for the property owners on Swastika Trail (such as identification changes, postage, etc.).
The full Swastika Trail name report is available online as part of the Puslinch council agenda package at www.puslinch.ca.
