HomeMy WebLinkAboutEGD-009-11~j~j~~~(~~/n REPORT
Leading the Way ~/
ENGINEERING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 21, 2011
Report #: EGD-009-11
File #:
By-law #:
Subject: PROPOSED GOODYEAR DAM FISH PASSAGE IMPROVEMENT PROJECT
COLLABORATIVE AGREEMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-009-11 be received;
2. THAT Council authorize the Mayor and Municipal Clerk to execute the Collaborative
Agreement; and
3. THAT all partners in the Collaborative Agreement be advised of Council's action.
Respectfully by,
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Submitted by: A. .Cannella, C.E.T.
Director of Engineering Services
ASC/PW/jo
February 17, 2011
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Reviewed by: Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-009-11
PAGE 2
1,0 BACKGROUND
1.1 Valleys 2000 was incorporated in May 1999 as anon-profit charitable organization of
volunteers with a mandate to develop, enhance, and promote, trails, river bank
improvements, fish and wildlife habitat along parts of the Bowmanville and Soper Creek
Valleys.
In order to increase the effectiveness of trout and salmon migration in the Bowmanville
Creek, Valleys 2000 in conjunction with CLOCA have prepared a preliminary plan and
terms of reference for the design and construction of a Fish Bypass Channel around the
existing Goodyear Dam. The dam is located in the Bowmanville Valley on land that the
Municipality leases from Veyance Technologies Canada Inc. An artist's rendering of the
Bypass Channel is included as Attachment 1 to this report.
A Memorandum of Understanding (MOU) with the Municipality, renewed to October 31,
2014 has allowed Valleys 2000 to complete many projects ih the Bowmanville and Soper
Creek Valleys on municipally owned or leased land.
One of the Municipal responsibilities in the MOU is "Coordinating, designing, tendering
and supervising any contractor Works on behalf of Valleys 2000, subsequent to receipt
of all funds from Valleys 2000 for a specified project."
2.0 COLLABORATIVE AGREEMENT
2.1 Valleys 2000 is pursuing funding for the construction of the project from various sources,
including the Ontario Trillium Foundation, Great Lakes Watershed Fund, Department of
Fisheries and Oceans and others.
To demonstrate support for the project a Collaborative Agreement has been prepared
by Valleys 2000 that includes the Municipality, CLOCA, Veyance Technologies Canada
Inc. (Goodyear), OPG, and the Float Fishing Conservation Group. The purpose of the
Collaborative Agreement (Attachment 2) is to outline the roles and responsibilities of
REPORT NO.: EGD-009-11
PAGE 3
each group on the project. Clarington's role in the Collaborative Agreement is defined
as follows:
"Clarington shall tender and award all construction contracts for. the
project subsequent to receipt of all funds from Valleys 2000, and will
supervise and manage the construction of the project works in
conjunction with the Project Work Team."
The Goodyear Dam Fish Bypass Channel project would be tendered through the
Purchasing and Supply Services Division once the required funds are raised by Valleys
2000 and when approvals from relevant agencies are obtained. The project could begin
in 2011 or 2012.
Attachments:
Attachment 1 -Concept Plan
Attachment 2 -Collaborative Agreement
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ATTACHMENT N0.:2
REPORT NO.: EGD-009-11
Goodyear Dam Fish Passage Improvement Project
COLLABORATIVE AGREEMENT
Between
Valleys 2000 (Bowmanville) Inc. ("Valleys")
Central Lake Ontario Conservation Authority ("CLOCA")
Veyance Technologies Canada Inc.
Exclusive Manufacturers of Goodyear Engineered Products ("Veyance")
Ontario Power Generation ("OPG")
Float Fishing Conservation Group ("Conservation Group")
Municipality of Clarington ("Clarington")
Project Background
Valleys was incorporated in May of 1999 as anon-profit charitable organization of
volunteers to develop, enhance, promote and preserve trails, river bank improvements,
fish and wildlife habitat, and special natural areas along parts of the Bowmanville and
Soper Creeks leading to Lake Ontario ....for the recreation, benefit and enjoyment of
residents of the community.
Under a Memorandum of Understanding with Clazington, now renewed to December 31,
2014, Valleys has completed many improvements to the Bowmanville Creek Valley with
the assistance of grants and volunteers including a Nature Pond (Trillium Grant), a Trail
Bridge (Courtice Secondazy School), a Butterfly Gazden (St. Stephen's Secondary
School), River Bank Reconstruction (Floating Fishers Group and Don Rickard), a
commemorative Forest (now 20 trees) and the planting over 1000 trees and establishing
"Woodland" and "Riverside" trails (500 meters). As of November 30, 2010, there have
been donations of $245,886.00 worth of equipment and materials, $118,420.00 worth of
hours of volunteers time ($10 per hour) and total donated funds of $193,900.00. In June
of 2010, a survey taken on a rainy weekend showed 1,000 people using the Bowmanville
Valley walking trails.
In April of 2008, CLOCA, the Conservation Authority having jurisdiction over the
Bowmanville Creek Valley, prepazed a Terms of Reference for the design of the
Goodyeaz Fish Passage Improvement Project. The project's objective is to increase the
effectiveness offish migration in the area of the Goodyeaz Dam, to maintain Veyance s
ability to obtain water for their rubber manufacturing plant, and to enhance the trail
system. Greck and Associates of Brampton made a proposal for engineering services in
May of 2008 and in consultation with the collaborators in this Agreement, Ontario
Minister of Natural Resources and Environment Canada (Fisheries and Oceans Fish
Habitat Management and Sea control), prepared a draft report in September of 2009 and
a Final Report in Januazy of 2010. The recommendation of this report was to construct a
small bypass channel around the dam with a leaping component to prevent the upstream
passage of Sea Lamprey, a non native migrating species found in Lake Ontario. The
bypass channel is a cost effective solution and will provide cultural and educational
values to our community.
Page 1 of 4
Name of the Collaborative
The Goodyear Dam Fish Passage Improvement Project Collaborative
Names of Member Groups
1. Valleys 2000 (Bowmanville) Inc. ("Valleys")
2. Central Lake Ontazio Conservation Authority ("CLOCA")
3. Veyance Technologies Canada Inc., Exclusive Manufacturers of Goodyear Engineered
Products ("Veyance")
4. Ontario Power Generation ("OPG")
5. Float Fisherman Conservation Group ("Conservation Group")
6. Municipality of Clazington ("Clazington")
Purposes
The collaborative was formed to assist Valleys with the implementation of the Goodyeaz Dam
Fish Passage Improvement Project to increase the effectiveness offish migration in the area of
the Goodyear Dam, to maintain Veyance's ability to obtain water for their rubber manufacturing
plant and to maintain and enhance the existing trail system and more specifically to:
- review and support the final engineering plans for the project;
- help our community take an active role in stewardship activities that protect nature, fish
habitat and the environment through volunteering activities;
- assess the supporting trails and natural area adjacent to the project to make improvements
for enhanced public use and enjoyment;
- recommend ways to increase, support and implement activities, programs and signage
designed to increase public use and appreciation of the natural heritage and trail system;
- work with Valleys on development and maintenance programs for the project; and
- assist Valleys in their fundraising activities.
Decision Malone Process
The project could take until September of 2012 to complete depending on the success of Valleys
in fundraising efforts. It will be constructed pursuant to the current Memorandum of
Understanding between Clazington and Valleys through a Joint Project Work Team which will
provide monthly reports during construction and post construction.
Six organizations make up the Collaborative Committee; the quorum number is four. Each
collaborator shall appoint 1 member save Valleys which shall appoint three members (members
of the Project Team) but only have one vote. In order to assure that a quorum is always present
at a meeting, the regular attendees will arrange a substitute from their organization if they are
unable to attend. If this is not possible, they will notify Valleys. Meetings will be rescheduled in
advance if a quorum is not anticipated.
Page 2 of 4
If any decision cannot be made through the "consensus process", it will be necessazy to reach a
decision by a majority vote.
In order to reduce the frequency and number of meeting, Valleys may poll the members of the
Collaborative Committee by Internet on any item that requires authorization of the Committee.
If a unanimous vote cannot be reached, a meeting will be called.
It is intended that the Collaborative Committee will meet monthly during construction and at
other times as required and notified on four (4) days notice by one of the Valley's members.
Roles and Resaonsibilities of Collaborative Members
Valleys will be the lead applicant taking responsibility for managing the project with
Clarington under its Memorandums of Understanding, speak publically on behalf of the
Collaborative, complete the fundraising necessary for the project and call meetings of the
committee:
2. Clarington shall tender and award all construction contracts for the project subsequent to
receipt of all funds from Valleys 2000, and supervise and manage the construction of the
project works in conjunction with the Joint Project Work Team.
3. CLOCA will render assistance in assuring that regulatory and permit requirements for the
project are met with regazd to the Conservation Authorities Act, and also assist in dealing
with and obtaining necessary permits and observing regulations of the Ontario Ministry
of Natural Resources and Environment Canada regarding Fish Habitat and the Sea
Lamprey control
4. Veyance shall endorse or sign off the final engineering drawings and be satisfied that all
works relating to accumulation of silt, protection of the dam and an adequate water
supply of water for its purposes aze satisfactory. Veyance will sign off on any documents
regarding the dam and its environs required by any regulatory body for the works to
proceed.
OPG shall make recommendations regazding education, signage and programs to
promote the project, fish habitat, river and environment protection and trail use.
Conservation Group shall continue its volunteer role in providing ongoing assistance in
river bank protection and fish-angling activity.
All Collaborators shall review the plans for the project and make recommendations for
improvements with regard to maintenance, public use and safety.
Page 3 of 4
Signatures of authorized members of each group and Clarington:
Date:
Valleys 2000 (Bowmanville) Inc. ("Valleys")
Date:
Central Lake Ontario Conservation Authority ("CLOCA")
Date:
Veyance Technologies Canada Inc. ("Veyance")
Date:
Ontario Power Generation ("OPG")
Date:
Float Fishing Conservation Group ("Conservation Group")
Date:
Adrian Foster, Mayor
Date:
Patti Barrie, Municipal Clerk
Page 4 of 4