HomeMy WebLinkAboutEGD-030-13 Clarington REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 9, 2013 Resolution#: VI(J 13 1 By-law#:
Report#: EGD-030-13 File#:
Subject: TRUDEAU WALKWAY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-030-13 be received;
2. THAT the Municipal Solicitor continue to work with the Kawartha Pine Ridge
District School Board (KPRDSB) to finalize a legal and appropriate smoking
area;
3. THAT surveillance cameras be installed at either end of the walkway in
compliance with all legislated requirements pertaining to surveillance;
4. THAT a policy be developed around the Municipality's rationale and purpose of
the surveillance system;
5. THAT "No Loitering" signs be erected with specific reference to the
Municipality's Nuisance By-Law;
6. THAT public education be carried out in partnership with the School Board
regarding nuisance and loitering;
7. THAT the Municipality encourage increased presence in this area from Durham
Region Police Services and Municipal Law Enforcement;
8. THAT KPRDSB be requested to encourage a student volunteer program to
keep the Trudeau Walkway clean;
9. THAT the Municipality's Operations Department provide an increased level of
service/maintenance in this area;
10. THAT a garbage receptacle be installed at the walkway;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-030-13 PAGE 2
11 . THAT a curb cut be provided in front of the walkway;
12. THAT the Traffic By-Law be amended to prohibit parking on Trudeau Drive from
8:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 3:00 p.m. Monday to Friday and;
13. THAT the Traffic By-Law be amended to prohibit stopping within one metre of
any driveway.
Submitted by: Reviewed by:
A. S. Cannella, Director Franklin Wu,
Engineering Services Chief Administrative Officer
ASC/LJB/dv/jb/dv
August 30, 2013
REPORT NO.: EGD-030-13 PAGE 3
1.0 BACKGROUND
1.1 On June 10, 2013 the General Purpose and Administration Committee
considered Report EGD-020-13 in which staff made a number of
recommendations pertaining to a number of issues regarding the Trudeau
Walkway which links Trudeau Drive to the Bowmanville High School site (see
Attachment 1).
1.2 At that meeting Mr. Tom Woods and, Mr. Nik Papanikolas each made their
second delegation to Committee expressing their concerns about the walkway.
Their delegations are documented in the June 10, 2013 General Purpose &
Administrative minutes.
1.3 On June 8, 2013, the Mayor and Council received e-mailed correspondence from
Mr. Eric Guenette informing Council that he was unable to attend the June 10th
General Purpose and Administration Committee meeting and documenting his
views of the walkway. Mr. Guenette's e-mail also contained nine questions to
which he was requesting answers from staff.
1.4 As a result of the delegations and the e-mail, at the June 10th General Purpose &
Administration Committee meeting, the Committee recommended to Council:
THAT Report EGD-020-13, regarding Trudeau Walkway, be referred back to
Staff, until the General Purpose and Administration Committee meeting of
September 9, 2013, for Staff's best efforts to address:
• All issues raised during the delegation of Mr. Nik Papanikolas
• The nine issues contained in the email correspondence, dated June 8,
2013, from Mr. Eric Guenette
• The issues and concerns raised during the delegation of Mr. Tom Woods;
and
THAT the Municipal Solicitor be directed to address the privacy implications,
legal and cost wise, of video surveillance on the Trudeau Walkway.
2.0 ISSUES
2.1 Mr. Nik Papanikolas Issues
2.1.1 Failure of the report to recommend closure of the walkway despite a petition from
100 residents recommending closure.
While Council received a petition from 100 Trudeau Drive/Marchwood Crescent
residents requesting the closure of the walkway, a petition was subsequently
received from 43 addresses (which equates to approximately 86 residents) on
Trudeau Drive/Marchwood Crescent /Orr Court in which:
REPORT NO.: EGD-030-13 PAGE 4
-37 addresses requested that the walkway remain open
-6 addresses requested that the walkway be closed.
Staff note that five individuals who signed the first petition to close the walkway
were recorded as supporting the walkway in the second petition.
Petitions are important because they usually initiate an awareness of issues that
are of significance to the local community and which require an objective analysis
of the magnitude, scope and characteristics of a given situation. It is then our
responsibility however, to respond in a manner that seeks, above all, to protect
public safety.
2.1.2 Omission, in the report, of the petition to keep the walkway open.
Staff did not refer to either petition in the June 10th report because the petitions
had been previously received by Council which lead to Council's direction to staff
on December 17, 2012 to hold a public meeting and report back to Council on
the findings of the PIC.
2.1.3 Lack of an examination to relocate the walkway to the east.
Relocating the walkway to the east may simply result in a relocation of the
residents' concerns. Relocating the walkway will not eliminate those concerns.
Staff further do not recommend the walkway's relocation as that would result in:
• directing pedestrians through the stormwater management pond block
• directing pedestrians to walk behind the backyards of approximately
twenty residences;
neither of which staff recommend.
The location of the walkway was designed to be (close to) centrally located in the
neighbourhood to provide the most convenience to the users.
2.1.4 Lack of costs (and revenue) associated with additional enforcement, video
surveillance and "cost savings for closure".
Potential additional costs and revenue were discussed in Sec. 4.1.2, 5.2 and 6.2
of Report EGD-020-13. Staff maintain that those sections of the report are
representative and accurate. With respect to additional costs that may or may
not be required as a result of additional enforcement it must be understood that:
The Municipality passes by-laws for many reasons, including:
• to ensure public safety;
• to eliminate public nuisances;
• to regulate through licensing and permits;
• to set minimum standards of property maintenance which helps protect
property value and the general health and safety of the community.
REPORT NO.: EGD-030-13 PAGE 5
By-law enforcement is fluid in that needs arise in one area, while moderating in
others. For this reason, a budget for by-law enforcement services is presented to
Council each year for their consideration and approval. That budget is presented
as a cost to protect public safety and quality of life on a priority basis for our
community as a whole and due to the fluid nature of providing this service it is
based on statistics rather than constantly changing specifics. As for revenues,
they will tend to ebb and flow within a range that is expertly defined, analyzed
and monitored by staff both in By-law and in Finance on an annual basis.
2.2 Mr. Eric Guenette's questions
2.2.1 How many students reside on Trudeau Drive, Marchwood and Orr that frequent
the 4 schools? Anyone outside of these jurisdictions shouldn't be affected since
[it]is just a few extra steps to the school via Concession and Liberty. In reality,
all students outside of these above mentioned streets shouldn't be in the report.
Attachment 2 in Report EGD-020-13 (Attachment 2 in this report) showed a
breakdown of the number of students within walking distance of the four area
schools. This plan depicts approximately sixty-two students in the
Trudeau/Marchwood/Orr area who attend one of those four schools.
This number can increase or decrease at any time. As shown on that attachment
provided by Kawartha Pine Ridge District School Board (KPRDSB), currently a
total of 316 students potentially use the walkway. Closing the walkway would
add as much as 0.93 km to those students' routes. Staff do not agree that only a
"few extra steps" would be added and that students outside of the
Trudeau/i'Vlarchwood/Orr area should not be considered. Further, staff have
always maintained that the greater public frequently uses this walkway,
particularly those attending the Bowmanville Fitness Centre and those attending
a variety of functions at the school.
2.2.2 How many children living on Trudeau would be bussed, if the walkway were to be
closed?
As stated in Report EGD-20-13, kindergarten children who live farther than 1 km
and older students who live more than 1.6 km from school are eligible for
bussing. It is impossible to know the exact ages of the students depicted in
Attachment 1; however, if the additional distance (if the walkway were closed)
exceeds either thresholds, additional bussing will be required.
2.2.3 Your report shows over 300+ students from a walking distance to the 4 schools,
yet only 135 were counted.
The difference in those numbers are attributable to:
• absenteeism on any given day or students who had spares at the time the
counts were taken.
• the fact that many students are driven to school.
REPORT NO.: EGD-030-13 PAGE 6
• students may choose to take public transit.
• the fact that some students may deliberately take other routes to school for
any one of a number of reasons.
2.2.4 How many cars are picking up/dropping off per day?
Four different vehicular counts (one in the morning and three in the afternoon)
revealed an average of between 26 and 27 cars at drop off/pickup times in the
vicinity of the walkway.
2.2.5 Has the Police services changed their tune on security cameras?
The Durham Region Police Services is certainly supportive of appropriate
measures that help to deter illegal activities.
2.2.6 Will By-Law fine vehicles dropping off/picking up their children on Trudeau on a
daily basis?
It is not illegal to drop off nor pick up children on Trudeau Drive. Municipal Law
Enforcement will enforce No Stopping and No Parking regulations as frequently
as their resources permit.
2.2.7 Why has the city allowed a school to be built in a sensitive high density vehicular
traffic area?
The Municipality cannot prevent the KPRDSB from constructing a school on their
property provided that all applicable studies and plans are completed to the
approval of the Municipality, the Region of Durham and all other authoritative
bodies. In terms of traffic, a comprehensive traffic study was completed to the
satisfaction and ultimate approval of the Region of Durham (who have jurisdiction
over Liberty Street).
2.2.8 How many Police charges have been given over the past two years in regards to
illegal activities surrounding this walkway?
Durham Region Police Services reported in June of this year that no charges
have been laid in this calendar year at this location. Staff are currently obtaining
an update from DRPS.
2.2.9 How many by-law infractions have been issued in the past years?
Municipal Law Enforcement has reported that 99 by-law infractions have been
ticketed in this area since January 1, 2012. Infractions include:
• overnight parking,
• parking for longer than 3 hours and;
• obstruction of sidewalks or driveways.
REPORT NO.: EGD-030-13 PAGE 7
No infractions for noise, nuisance or loitering have been ticketed nor have there
been any tickets issued which were directly related to the presence of the
walkway.
2.3 Mr. Tom Woods Issues
2.11 Not all parties received notification of Report EGD-20-13.
An Interested Parties list was developed by staff which includes:
• those who attended the Public Meeting
• those who have contacted the Municipality before or after the Public
Meeting.
All Interested Parties for whom staff had an e-mail address were e-mailed the
report. All Interested Parties for whom staff had a mailing address were mailed
the report (including those who were e-mailed) the week before the General
Purpose and Administration meeting as soon as the report was completed. It
was posted on the Municipality's Facebook page that the report was available
on-line and that a questionnaire was available to fill out on-line.
2.3.2 Report EGD-20-13 should be re-evaluated to contain the opinions of the 100
persons who asked for the walkway to be closed.
The Municipality received the petition signed by almost 100 individuals under the
petition statement "We the residents and taxpayers of Trudeau Drive and
Marchwood Crescent, Bowmanville, Ontario request the closure of the walkway
to Bowmanville High School between 83 and 85 Trudeau Drive. The walkway
has caused excess congestion in a residential area as well as issues related to
loitering and vandalism". Individual opinions of the petitioners were not received
with the petition. As reported in Report EGD-020-13, in conjunction with the April
10, 2013 Public Meeting on this matter, 23 comment sheets were reviewed
before, during and after this date. Thirteen were in favour of leaving the walkway
open while 10 were in favour of it being closed. The issues and concerns of
those opposed to leaving the walkway open were fully outlined and resolutions
explored in Report EGD-20-13.
2.3.3 Any signs to be installed should include times for enforcement.
Staff concur. By-Laws which are enforceable 24/7 need not state this on the
sign; however, those with specific days and times will be appropriately addressed
on the sign.
2.3.4 The Trudeau Drive Walkway should not be used as a drop off zone.
It is staff's opinion that parents can drop their children off on Trudeau Drive
(thereby preventing added congestion on Liberty Street and the school site)
REPORT NO.: EGD-030-13 PAGE 8
provided that the Traffic By-Law is complied with at all times particularly as it
pertains to No Parking and No Stopping restrictions.
3.0 PRIVACY IMPLICATIONS, LEGAL AND COST WISE
3.1 The Municipal Solicitor has provided the comments below respecting "the privacy
implications, legal and cost wise, of video surveillance on the Trudeau Walkway".
3.2 In 2007, Ontario's Information and Privacy Commission published an updated
version of its "Guidelines for the Use of Video Surveillance Cameras in Public
Places" (the Guidelines were originally published in 2001). The updated
Guidelines "are intended to assist organizations in deciding whether the
collection of personal information by means of a video surveillance system is
lawful and justifiable as a policy choice, and if so, how privacy protective
measures can be built into the system." They essentially set out best practices
for institutions to follow when implementing video surveillance programs. A copy
of the Guidelines is attached to this Report (Attachment 3).
3.3 Engineering Staff were aware of the Guidelines when Report EDG-020-13 was
written, and the recommendations in that Report were intended to be consistent
with the Guidelines.
3.4 Section 3 of the Guidelines states that organizations must be able to
demonstrate that any proposed collection of personal information by a video
surveillance system is authorized by statute. In this case, the applicable statute
is the Municipal Freedom of Information and Protection of Privacy Act
("MFIPPA"). Under subsection 28(2) of MFIPPA, "[n]o person shall collect
personal information on behalf of an institution unless the collection is expressly
authorized by statute, used for the purposes of law enforcement or necessary to
the proper administration of a lawfully authorized activity." In our Municipal
Solicitor's opinion, the collection of personal information by video surveillance in
these circumstances meets the requirements of subsection 28(2) of MFIPPA
both because it is used for the purpose of law enforcement and because it is
necessary to the proper administration of a lawfully authorized activity (for
reasons contained in Privacy Complaint Report MC10-20 dated October 29,
2010 regarding video surveillance within Mississauga's Civic Centre).
3.5 Section 4 of the Guidelines sets out several matters for organizations to consider
prior to deciding to use a video surveillance system. All of these considerations
factored into Staff's recommendations in Report EGD-020-13 (i.e. conventional
means of law enforcement, verifiable reports of incidents of crime and significant
safety concerns, the impacts of a video surveillance system on personal privacy,
consultations with stakeholders, and design measures to minimize privacy
intrusions).
3.6 Section 5 of the Guidelines provides that "[o]nce a decision has been made to
use a video surveillance system; an organization should develop and implement
a comprehensive written policy for the operation of the system." This was why in
Report EGD-020-13 Staff specifically recommended that "a policy be developed
REPORT NO.: EGD-030-13 PAGE 9
that clearly demonstrates the Municipality's rationale and purpose [for] the
surveillance system".
3.7 Section 6 of the Guidelines sets out several matters that should be considered in
the design and installation of video surveillance equipment. The first
consideration reads: "Reception equipment such as video cameras ... should
only be installed in identified public areas where video surveillance is necessary
to protect public safety, detect or deter, and assist in the investigation of criminal
activity." This is directly applicable to the Trudeau Drive walkway. The balance
of the considerations in section 6 of the Guidelines will be addressed by
Engineering Services if and when a system is installed.
3.8 Section 7 of the Guidelines is essentially a paraphrasing of every municipality's
statutory obligations under MFIPPA regarding any personal information obtained
by way of video surveillance. The Municipality is always mindful of these
statutory duties. Any clarification or direction to Staff that may be required to
properly carry out these statutory duties can be included in a comprehensive
written Municipal policy.
3.9 Section 8 of the Guidelines recommends that the use and security of video
surveillance equipment be subject to regular audits and that a municipality's
operational policies and procedures should also be audited. The comprehensive
written Municipal policy can include requirements to this effect.
3.10 In summary, it is our Municipal Solicitor's opinion that the collection of personal
information by means of a video surveillance system at the Trudeau Drive
walkway is authorized under subsection 28(2) of MFIPPA. He is also of the
opinion that steps can be taken by Staff to ensure that all other requirements set
out in the Guidelines and MFIPPA can be met (e.g. notice of collection of
personal information (section 29), use of personal information (section 31),
disclosure of personal information (section 32), security of personal information
(section 3 of Ontario Regulation 823), and retention of personal information
(section 5 of Ontario Regulation 823)).
3.11 In Report EGD-020-13, staff provided an estimate of $7,500 for the cost of the
two surveillance cameras. This estimate is still valid.
4.0 SMOKING
4.1 The Municipal Solicitor has also provided the following update regarding the
need to establish a smoking area that high school students can occupy that will
(a) minimize impacts on the neighbouring properties and (b) not violate provincial
legislation regulating smoking (Smoke-Free Ontario Act).
4.2 Bowmanville High School students have been smoking in the parking area that is
located to the south of the Clarington Fitness Centre because it is owned by the
Municipality. When the new elementary school is built, this parking lot will no
longer be an appropriate location for students to smoke.
REPORT NO.: EGD-030-13 PAGE 10
4.3 Students can legally smoke on the public sidewalks and walkways that provide
access into the school (from both Liberty Street and Trudeau Drive), but
Municipal Staff, the Durham Region Health Department, the Durham Region
Works Department (because Liberty Street is under the Region's jurisdiction),
and the School Board are all concerned about the safety of the students if they
are forced to smoke in these locations. There is also a concern that forcing the
students to smoke in these locations will create additional nuisances.
4.4 There is a very clear and compelling public interest that all of the public sector
agencies share —the need to find a means of regulating smoking in the vicinity of
the high school in a way that does not create even greater problems. The
proposed solution is to have the School Board recognize that an area of the
property that it owns is surplus to the high school's immediate needs and simply
let the students smoke in that area. The specific location that has been identified
is the area west of and bordering the school's northern parking lot. The
Municipality can contribute to the proposed solution by planting 3 - 4 trees in this
area to provide visual screening at minimal cost.
5.0 COMMENTS
Staff acknowledges the concerns from some of the residents on Trudeau Drive
and Marchwood Crescent. However, the Trudeau Walkway Working Group
maintains and respectfully submits that closing the walkway is not in the best
interests of the residents of the greater neighbourhood: a significant number of
whom have clearly expressed their request to leave the walkway open (almost all
of whom live on Trudeau Drive, Marchwood Crescent or Orr Court). Rather than
close the walkway, staff continue to recommend that the twelve measures
outlined in Report EGD-020-13 be implemented; specifically:
• that the Municipal Solicitor continue to work with the Kawartha Pine Ridge
School Board (KPRDSB) to finalize a legal and appropriate smoking area;
• that surveillance cameras be installed at either end of the walkway in
compliance with all legislated requirements pertaining to surveillance;
• that surveillance cameras be installed at either end of the walkway in
compliance with all legislated requirements pertaining to surveillance;
• that a policy be developed around the Municipality's rationale and purpose
of the surveillance system;
• that "No Loitering" signs be erected with specific reference to the
Municipality's Nuisance By-Law;
• that public education be carried out in partnership with the School Board
regarding nuisance and loitering;
• that the Municipality encourage increased presence in this area from
Durham Region Police Services and Municipal Law Enforcement;
• that KPRDSB be requested to encourage a student volunteer program to
keep the Trudeau Walkway clean;
• that the Municipality's Operations Department provide an increased level
of service/maintenance in this area;
• that a garbage receptacle be installed at the walkway;
REPORT NO.: EGD-030-13 PAGE 11
• that a curb cut be provided in front of the walkway;
• that the Traffic By-Law be amended to prohibit parking on Trudeau Drive
from 8:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 3:00 p.m. Monday to
Friday and;
• that the Traffic By-Law be amended to prohibit stopping within one metre
of any driveway.
6.0 CONCURRENCE — The recommendations contained within this report have
been made in concurrence with the Municipal Solicitor, the Director of
Operations, the Municipal Clerk and our Director of Emergency and Fire
Services.
7.0 CONCLUSION
Staff continue to maintain that it is in the best interests of the Trudeau
Drive/Marchwood Crescent/Orr Court and greater neighbourhood that the
walkway remain open. Staff is confident that by implementing the measures
outlined in Section 5 of this report, neighbours will experience a significant
improvement over past experience.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
(Place an "X" in the box for all that apply)
Promoting economic development
Maintaining financial stability
Connecting Clarington
X Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Leslie J. Benson, P. Eng., Manager Development Engineering & Traffic
Attachments:
Attachment 1 - Aerial Key Map
Attachment 2 - Map Showing Number of Students Using Walkway
List of interested parties to be advised of Council's decision:
Kawartha Pineridge District School Board
Durham Regional Police Services
Norman Johnston Teofilo Corpus
Maurice Laganiere Jamie Coutu
Melissa & David Daminato Nik Papanikolas
REPORT NO.: EGD-030-13 PAGE 12
Chris Beatty Josee Cournoyer
Paul Hurtubise David Wood
Jay Smith Carol McAllister
Bill Crossey Brendan Goldsworthy
Benny Young Marianne DePass
Alison Innis Christine Williams
Carol Hopps Fred Brumwell
Kim Nixon Teresa Edwards
Leonard Welsh Ellen Slack
Tom English Lorraine Mathews
Jennifer Jandron
Amy Duval
Vince Polidoro
Morgan McMeedin
Maisie Daley
Bernice Chamberlain
Tom Woods
Jackie Nosal
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