There may be light at the end of the tunnel … or in this case repairs to the road across the Station Road dam.
Since the Station Road section by the mill pond in Hillsburgh was closed late last year, council has wrestled with various approaches to fixing it.
It seemed each time council neared a solution, something cropped up to stall the process, whether it was determining the best option, ownership issues, and even the potential loss of the mill pond.
As council reconvened from an hour long in-camera session on July 3, Mayor Lou Maieron said there was nothing to report on an item of potential litigation.
However, Maieron said council would entertain a discussion regarding Station Road.
He noted the resolution passed by council last May to remove the stop logs/boards and to fix the road.
“Unfortunately, the control structure is not on [town-owned] property.”
He said an MNR order was issued regarding the removal of the logs/boards within the control structure.
“There is an interesting debate as to how that is being adhered to. It appears one of the boards has been removed. We have been asked not to trespass on that property,” Maieron said.
Because the town has been requested not to enter onto the private property, “it makes the previous resolution made by council unworkable,” he said.
As a result, he said the town had to look at other opportunities to fix the road, during the window of opportunity where the town is allowed to undertake such work.
Municipalities only have a limited time in which to work during the summer months to reduce any impact on the aquatic environment.
“Given those facts, where do we go from here?” Maieron asked councillors.
Councillors passed a motion to reconsider the May resolution.
Road superintendent Larry Van Wyck said the proposal made on May 16 has been revised.
Instead of installing a culvert which flows straight through the dam, the intent is to build an outlet control structure on the north side of the right-of-way on town property.
Van Wyck said this structure would be slightly higher than the current elevation of the water.
When the water level goes up, it would enter this control structure and the discharge would flow into the pond on the south side of the dam.
Councillor John Brennan said that if council moved with this approach, the water would stay slightly above the current pond level.
“While it means the pond would not get any higher, because additional water would go through the overflow pipe, the pond would not get any lower – as things stand.”
He asked if the town would require a mechanism to deal with a storm event.
Van Wyck said if the water level increased significantly, water would flow over the control structure – as it does now.
Maieron asked if the proposed drain diameter could handle a 25-year storm event.
Van Wyck said it could – in conjunction with the rest of the dam structure. A permanent solution would still be needed in the long term.
Maieron stressed that what was being proposed that night only amounts to a temporary measure to allow the road to be fixed in the short term.
The mayor then asked if the MNR offered a deadline in which a permanent solution was required.
“Two years,” Van Wyck replied.
Maieron said a permanent solution would either mean creating an opening large enough for a box culvert to handle a 25-year storm event.
“But if the pond was kept, it would require a new [higher]dam and a new bridge.”
Van Wyck said there is more than one method to gain hydraulic capacity.
“Other measures can be taken to achieve the same result.”
Maieron remained concerned with potential liability.
“I would strive to find a permanent solution,” to avoid liability.
Councillor Barb Tocher said the current proposal would only take overflow water at this time.
“The town can build this temporary solution on our property without going onto any other property.”
She added, the outlet allows the municipality some control over water levels “and doesn’t leave 100 percent of the control of the water level in the hands of a private property owner.”
Tocher said “that in itself would assist in the liability factor. It gives us a greater control and gives us some options.”
Maieron wanted to know if the bottom culvert would still have water flowing through it continuously.
Van Wyck said the current proposal will involve the removal of that culvert.
“It will be taken out. It is the whole reason for this exercise.”
Maieron still favoured the concept of getting a permanent solution now, to reduce the liability and reduces the hazard classification of the road from high, to something more tolerable.
Chris Clark of Triton Engineering said that even if all the stop logs were removed from the control structure, it would still not meet the regional storm requirements for the dam.
“There is still not enough capacity in the pond to reduce the risk.”
At that point the mayor wanted to show members of council a video of what happens when water overtops a dam structure. “It shows what happens when a bad storm comes in.”
Brennan responded that all of council understands what can happen in a regional storm and the damage it can do – and the potential liability.
However, he said council also needs to consider the liability involved by keeping the road closed.
That section of Station Road has been closed since late last year, Brennan said.
“We have a means to open the road. God forbid someone else has a heart attack and we are not able to get there in time [because the road is closed]. Where is our liability then?”
Brennan then said, “there is a lot greater risk of that happening than a regional storm.”
Tocher added “to be honest, a regional storm will cause flooding on all of our bridges and all of our roads.”
She said the water will not overtop just this dam, but in a lot of other locations as well.
Councillor Josie Wintersinger agreed there are valid concerns.
“But right now we don’t have the money for the permanent solution.”
She said opting for a temporary solution shows a willingness to work on this.
“It’s doing the best we can with what we have.”
Councillor Deb Callaghan added that council has already been told a permanent solution will take two years.
Wintersinger added that if the town waits for a permanent solution, the road will not be opened.
Tocher agreed.
“This [temporary solution] gets the road open and it gives us some time to make the right decision.”
Wintersinger added that this approach will reduce the town’s liability because it will allow the road to be reopened.
Van Wyck asked council not to lose sight of the 100 years of history involved in the matter.
“In the past 100 years, there has not been an incident where the dam has failed.”
He pointed out that one of the options already presented to council was to replace the culvert and upgrade the dam to current standards.
“… so are we going somewhere with this?” Tocher asked.
Maieron still wanted to know what would happen to the additional water if a culvert at the base of the dam had flowed constantly, while the replacement proposal is for an outlet at the surface level of the pond.
He continued his request for an option to reduce that risk, because he did not believe the current proposal did.
“If there is a way, I will entertain it. If not make a motion on this, and we’ll have a recorded vote.”
Brennan said, “lowering the pond by 29 inches surely gives you more capacity and liability risk.”
Clark said that while the overall volume within the pond would be reduced, it still would not meet 2011 standards.
Brennan said that the approach meant that while the water levels were reduced, the pond would not go away.
Tocher later referred to this proposal akin to a giant storm sewer with a grate which could be removed to let more water through as overflow.
Brennan said “it gives us time to look at what we need for a permanent solution.”
He offered a motion for council to provide direction to Van Wyck to proceed with the preparations needed to install a culvert/inlet structure and apply for the necessary approvals.
In a recorded vote, councillors Brennan, Callaghan and Tocher voted in favour of moving ahead with the proposed approach.
Mayor Lou Maieron and councillor Josie Wintersinger voted against.
The motion passed.
