ASHMONT – County of St. Paul council has reaffirmed its position on not allowing a gate across a public road in the Ashmont area. Residents who installed the gate spoke to the council during a delegation on Aug. 9.
Previously, County council advised the residents to remove the gate and install individual gates on their private properties or form a condo association to have the currently installed gate remain with the maintenance of the road shifting to the residents. Council maintained its prior decision following the discussion, and carried a motion to accept the residents’ presentation as information during the Aug. 9 council meeting, with the exception of Division 5 Coun. Dale Hedrick.
The road leading toward the residents' properties is a dead-end and does not intersect with other public spaces, including other roads.
Living in fear
The gate was put up by the residents due to fear for their safety and their children. One of the residents, Crystal Henning, said, “We’ve had a few incidents at our residences… we have two young kids, and mainly we want to just keep our family safe.”
Among the residents' concerns is the increasing violence associated with rural crimes, which sometimes involve firearms and other weapons. While the gates will not prevent potential trespassers, the residents stated they will at least be alerted when someone enters the area, giving them time to call the police.
“I know we have the gates up already, it's in the news, right?” Henning said. “And honestly, we did that because that night was so scary for us… like once you have a gun pointed at your face… it's a whole different story.”
Henning referred to an incident when a resident was held at gunpoint by a group of perpetrators, and a victim was bear sprayed before the perpetrators stole his vehicle.
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“We honestly have seen tracks at the end of our driveway of people turning around like they're not coming down that road anymore… it’s a dead-end road,” Henning added. “It isn’t like we’re trying to stop people from coming in that are supposed to be there, right? If it wasn’t a dead-end road, it’ll be a different story.”
Among the delegation, Monique Ouellette, a resident who has been living in the area for over 30 years, said that they have had issues with trespassers for many years, which prompted them to put up “private property” signs on both sides of the road. She added, “and they (trespassers) would just drive in and then just sit at the garage and wait, obviously waiting to see if somebody’s going to come out.”
Ouellette said that sometimes she had greeted the strangers, but they often take off from the area upon being greeted. She discussed more alleged incidents with the council, including a car with a stranger inside who attempted to coax her six-year-old granddaughter toward the vehicle.
“But you know, just thinking about it now, this has gone on for years,” she added, tearfully. “This has gone for years, and I apologize for crying… For 26 years... we have lived in fear at the end of that road.”
Liability and alternatives
Henning said that in her discussions with emergency services, they do not mind the gate as long as they are notified in case emergency services are required. The residents also stated that it would not take emergency crews long to open the gate if needed.
One of the risks of allowing the gate to stay up on the public road is legal liability, according to information heard during the delegation. If a case includes a property burning down, for example, the liability could fall to the County.
County of St. Paul Reeve Glen Ockerman, who supported the installed gate at a past public works meeting, stated the issue is new territory for the municipality. Due to the road being designated as a public access, he said it must remain public, and the condominium association may be the only long-term solution.
The County of St. Paul has sought legal advice on the matter of the gate.
