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HomeMy WebLinkAboutOPD-003-10Leading the Way ~~-~~~ REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 21, 2010 ~P~- 3'73'(U Report #: OPD-003-10 File No.: By-law #: Subject: MINIMUM MAINTENANCE STANDARDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-003-10 be received; 2. THAT Council approve $35,000 plus tax for sign reflectivity contract to meet the new 2010 Minimum Maintenance Standards; and 3. THAT the cost be expensed against the current budget account #100-36-384-10315- 7112 Traffic Signs -Misc. Operating Expense resulting in an over expenditure in 2010; and 4. THAT Council recognizes that this cost be included in future annual budgets. Submitted by: Fred ath B.A., R.D. M.R., R.R.F.A. Director of Operations Reviewed by: klin Wu, Chief Administrative Officer FH/LP//sh June 8, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: OPD-003-10 1.0 BACKGROUND PAGE 2 1.1 In 2001, the Province of Ontario enacted the Municipal Act, 2001 and by Regulation introduced the Minimum Maintenance Standards (MMS). The Minimum Maintenance Standards set out required responsibilities for municipalities regarding snow clearing, pothole maintenance, and other issues. The standards were developed to provide municipalities with a legal defense against liability from actions arising with regard to levels of service. Regulation 239/02, which came into force on November 1, 2002, contains the Minimum Maintenance Standards 1.2 The Minimum Maintenance Standards under the Municipal Act, 2001 were amended by Ontario Regulation 23/10, which came into effect on February 18, 2010. Several of the amendments are significant and will require the municipalities to review maintenance practices to ensure that the standards are met. Subsequently, increased documentation and tracking of maintenance and inspection records will be required. 1.3 The changes to the legislation are not unexpected. Historically major changes happen during the five year review. Due to the timing of the changes, the 2010 Municipal budget does not provide for costs that are a result of these changes. 2.0 CHANGES TO MMS 2.1 The chart below gives a brief view of the change and its effect on Clarington; CHANGE EFFECT Constructive knowledge No effect on Operations This is a clarification of legal terminology Winter patrolling Additional training to include slush Trip and Fall on sidewalks New requirements - 3/4" verses 1 '/z"height differential Snow accumulation and icy roads Wording change no effect Obscured signs New-vegetation control standards Sign retro-reflectivity New- annual inspection requirements REPORT NO.: OPD-003-10 2.2 Sidewalks: PAGE 3 Discontinuity means a vertical difference in height or width caused by a crack or heaving of the individual panel of sidewalk material. The minimum standard far the frequency of sidewalk inspection for surface discontinuities is now once per year, per Section 16.1 (1). Previously, there was no annual inspection requirement. Municipalities are now required to treat sidewalk surface discontinuities that exceed 3/< of an inch (two centimeters) within 14 days after becoming aware of the fact. Treating a surface discontinuity on a sidewalk requires taking reasonable measures to protect users of the sidewalk from it, including permanent or temporary repairs, alerting pedestrian's attention to it or preventing access to the area. Currently staff will follow up with any combination of the following treatment methods; • paint the defective area; • patch with speed Crete; • single bay replacement; or • schedule for following years sidewalk program 2.3 Traffic Signs The MMS previously required road sign repairs, where signs were illegible, improperly oriented, or missing. There is now an additional requirement to repair road signs that are obscured as per the Ontario Traffic Manual (OTM) Regulations. This will require more vegetation control and tree trimming as required from patrol notes. 2.4 Regulatory or Warning Signs Section 12 (1) of this new legislation requires all regulatory signs and/or warning signs are to be inspected at least once per year for reflectivity. This is due to the degradation of the retro-reflectivity on signs that occurs over time. An annual inspection of the retro-reflectivity of signs must be done in order to ensure compliance with the Ontario Traffic Manual (OTM) requirements. 2.5 Snow accumulation The definition of "snow accumulation" in Section 4(6) has been expanded to include "slush". REPORT NO.: OPD-003-10 3.0 REFLECTIVITY OF SIGNS PAGE 4 3.1 Most sign faces are made with a retro-reflective material to enhance the visibility of signs and their messages at night. The brightness of the sign is a function of the age of the sign, as well as the size of vehicle, type of headlamps, and the environmental conditions. In general, the higher the retro-reflectivity level the brighter the sign will appear to a driver. 3.2 The retro-reflectivity of signs gradually deteriorates over time making signs less visible at night. As signs lose their retro-reflective properties, their effectiveness in communicating regulatory and warning messages to travelers diminishes to the point where signs may not be be seen or read. 4.0 SIDEWALK DISCONTINUTIES 4.1 Historically Clarington has maintained a MMS of 1'/z inches for sidewalk discontinuities. Changes to the MMS have come after much dissension from multiple municipalities during talks with Ontario Good Roads Association (OGRA) working group. Changes to the legislation could prove to be problematic during the winter season as a'/< inch deflection is a possible consequence of a frost heave in any normal winter. 4.2 Operations Department conducts sidewalk repairs within one of five programs: • Hot mix asphalt overlay • Grinding • Jacking • Interlocking • Single bay replacement Only the single bay replacement is handled in-house. The annual budget for all five sidewalk repairs programs is $48,000. In addition, Engineering Services conducts a program to remove and replace longer stretches of deteriorated sidewalk. Additionally they construct new sidewalks as required by the ongoing development within the Municipality. The anticipated cost for 2010 is $285,000. 4.3 Current practices for Sidewalk Inspection are to inspect the Bowmanville Business Improvement Area (BIA), Newcastle BIA, and Orono downtown area every year. The remainder of sidewalks within the municipality is rotated through a three year cycle. However, Clarington has been pro- active over the last five years which puts us in a better position than some municipalities. REPORT NO.: OPD-003-10 5.0 INSPECTIONS PAGE 5 5.1 Sidewalk Timing of the new legislation has not allowed enough suitable contractors to become established and able to meet the requirements of the MMS for sidewalks in 2010. The Operations Department and Engineering Services staff has collaborated to ensure that our inspections will be completed within our current resources. Staff will be bringing forward a more comprehensive solution to address the annual inspections of sidewalks including additional staff and/or contracting out, during the 2011 Budget process. 5.2 Signs Sign assessment involves the evaluation of a sign's retro-reflectivity by night time visual inspection or measurement of retro-reflectivity using an appropriate instrument. Due the nature of these tests and the fact that there is specialized equipment and training required staff are not qualified to carry out fhe inspections. This will require a specialized company be contracted. Preliminary estimates have the pre-tax cost of the service at $35,000. 6.0 RECOMMENDATIONS 6.1 If the Municipality fails to comply with Minimum Maintenance standards, then there is no defense against claims submitted. In order to comply with these new provincial regulations, it is recommended that Council approves the increase of approximately $35,000 plus tax, to hire a specialized company to complete the sign assessment as required by the Minimum Maintenance Standards (MMS) for 2010. The cost will be expensed against the current budget account #100-36-384-10315-7112 Traffic Signs -Misc. Operating Expense resulting in an over expenditure of this account in 2010. That this cost will be required to be included as an additional cost in future annual budgets. 6.2 Operations Department will continue to maintain and evaluate our current sidewalk maintenance program and bring forth any budgetary concerns during the 2011 Budget discussion. Concurrence: Director of Finance