BBAC Delegation to Brampton Accessibility Advisory Committee for Curb Cut Support

BBAC members made a delegation to the Accessibility Advisory Committee on November 4, 2014. The following are excerpted from the Official Minutes from the City of Brampton.

 Accessibility issue for mounting high curbs at mid-block intersection — especially unsafe for bikes with trailers, tandem bikes, persons with mobility challenges

City of Brampton Committee Minutes:

D 2. Presentation by Lisa Stokes, Member, Brampton Bicycle Advisory Committee, and David Laing, Chair, Brampton Bicycle Advisory Committee, re: Curb Cuts and Curb Depressions On City Pathways (G25AAC).

Ms. Lisa Stokes provided an overview of her involvement with the Brampton Bicycle Advisory Committee. Ms. Stokes advised the Committee that she has encountered several barriers throughout the accessibility issues.

Mr. David Laing, provided an overview of the Brampton Bicycle Advisory Committee (BBAC) and the concerns of the Committee relating to curb cuts and curb depressions on city pathways.

The following information was presented:

• Reviewed the City of Brampton and the Accessibility Advisory Committee commitment to ensure that people of all ages and abilities enjoy the same opportunities as they live, work, play, visit and invest in our city.
  • Preventing new barriers and reducing and removing current barriers for people with disabilities are essential for providing increased accessibility in a fiscally responsible manner.
  • People with disabilities represent a significant and growing part of our population.
• Requested that the Brampton Accessibility Advisory Committee endorse and support BBAC delegation to Committee of Council requesting a change to the current outdated policy to allow curb cuts to be installed on city pathways at mid-block intersections.
• Described the City of Brampton’s current policy dating back to March 23, 1986.
• Stated BBAC opinion that the City of Brampton is creating a liability issue and such liability is assessed as follows:
  • Standard of care and foreseeability of risk
  • Inviting people to enter directly from a park walkway on to a road system
• Liability Assessed by:
  • Reasonably foreseeable risk based on the trail use
  • Roadway bisecting a trail; there is a duty to install curb cuts because municipality knows trail users will cross
• Expressed opinion that no need to wait for OTM Book 15 Amendments to draft a curb depression policy
• Noted the AODA IASRG compliance date is January 1, 2016
• Provided other municipal examples of curb cuts, such as:
  • Daventree Court in Mississauga
  • Mississauga Levi Creek Trail, Mid-Block Curb cut at Westbridge Way.
  • Caledon Trans Canada Rail Trail (Airport Road)
  • Brampton New Construction – No pathway accessibility – Castlemore Road and Highway 50

Discussion included the following:

• Concerns about the safety of children with increased curb cuts
• Mr. Laing stated that signs should be installed to educate pedestrians at depressed curb cut intersections or mid-block curb cuts.
• Staff clarified that the city’s Risk Management team does not support an increase in curb cuts being installed on city pathways at mid-block intersections
• Mr. Laing indicated that the current City of Brampton policy dates back to April 14, 1986 and has not been revised since
• Staff indicated that the City of Brampton is working on compliance by 2016
• Staff advised that a draft policy will assist in providing a standard for curb cuts on a case to case basis. Once the OTM Book 15 has been finalized the draft policy will be completed, targeted for January 2015.
• Mr. Laing opinion that a policy with a case by case basis would be unacceptable
• Mr. Laing statement that the release of the OTM Book 15 should not affect the development of a standardized policy
• Noted that a member of staff sits on the OTM Book 15 steering committee
• Questions regarding legislation and what it entails.
• Clarification provided regarding legislation – legislation indicates where depressed curbs are to be provided with technical standards to be met
• Concerns raised about whether the delegation was within the Accessibility Advisory Committees mandate
• Suggestion to have staff from Legal and Risk Management attend a meeting to provide clarification before the AAC position is finalized
• Clarification by staff that the AAC is an advisory committee and may state a position only rather than approve a request.

The following motion was considered.

1. AAC027-2014 1. That the presentation from Lisa Stokes, Member, Brampton Bicycle Advisory Committee, and David Laing, Chair, Brampton Bicycle Advisory Committee, to the Accessibility Advisory Committee Meeting of November 4, 2014, re: Curb Cuts and Curb Depressions On City Pathways (G25AAC) be received; and,
2. That it is the position of the Accessibility Advisory Committee that the inclusion of curb cuts and depressed curbs on exterior paths of travel be supported.

Carried

The Minutes of the Accessibility Advisory Committee were received and approved by Brampton Committee of Council on December 10, 2014.

Next Step

BBAC will make a delegation to the City of Brampton Planning and Infrastructure Services Committee early in the new year, and anticipates support and full cooperation with city staff.

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