2.         ROAD PATROL PROGRAM

 

PROGRAMME DE PATROUILLE ROUTIÈRE

 

 

Committee recommendationS AS AMENDED

 

That Council approve the Surface Operations Branch of the Public Works & Services Department include as part of the Draft 2009 Operating and Capital Budget Estimates for consideration the following:

 

1.                  That the Road Patrol Program be expanded from its current state to be aligned with the Minimum Maintenance Standards (Ontario Regulation 239/02) on Class 1, 2, 3, 4 and 5 roads per Option 1 of this report and as recommended by the Auditor General and the Rural Summit;

2.                  That the 2009 estimated operating cost of $996,000 and 11 FTE’s and estimated one-time capital costs of $430,000 for this program be provided as follows:

 

a)                  Existing funding within the SOP Operating Budget of $355,000 and 4 FTE’s from the current road patrol program;

 

b)                  That remaining funding required to implement the Road Patrol program be added to the 2009 Operating and Capital Budget pressures estimated at an additional annual operating funds of $641,000 and 7 FTE’s and one-time capital funding of $430,000.

 

3.         That the Road Patrol Frequency for the various road categories be adjusted so that:

·                    All roads receive a minimum twice-a-year examination, and that;

·                    The road patrol staffing level remain at the current level, and that;

·                    Staff report, within 2 months, on the proposed examination frequency for the different road categories under the revised policy.

 

 

RecommandationS MODIFIÉES du Comité

 

Que le Conseil accepte que la Direction des opérations de surface des Services et Travaux publics prévoie dans le projet de budget de fonctionnement et d’immobilisations pour 2009 aux fins d’examen :

 

1.                  L’expansion du Programme de patrouille routière afin que celui-ci réponde aux normes d’entretien minimal (Règlement de l’Ontario 239/02) pour ce qui concerne les routes de catégorie 1, 2, 3, 4 ou 5, conformément à l’option 1 présentée dans le présent rapport et aux recommandations formulées par le vérificateur général et à la suite du Sommet rural.

 

2.                  Que les coûts de fonctionnement estimatifs de 996 000 $ et les 11 ETP ainsi que les coûts ponctuels estimatifs de 430 000 $ devant être consacrés à ce programme en 2009 soient répartis de la manière suivante :

 

a)         355 000 $ provenant du budget de fonctionnement de la Direction des opérations de surface et 4 ETP actuellement consacrés au programme de patrouille routière;

 

b)         que les autres crédits nécessaires pour la mise en œuvre du programme de patrouille routière soient ajoutés aux pressions sur le budget de fonctionnement et d’immobilisations pour 2009, soit des crédits de fonctionnement supplémentaires estimatives de 641 000 $ et 7 ETP ainsi que des crédits d’immobilisation ponctuels de 430 000 $.

 

3.                  Que la fréquence des patrouilles routières pour les diverses catégories de route soit ajustée de façon à ce que :

·                    toutes les routes fassent au minimum l’objet d’un examen bi-annuel;

·                    le niveau de dotation de la patrouille routière reste à son niveau actuel;

·                    le personnel fasse rapport, d’ici deux mois, sur la fréquence proposée d’examen des routes pour les différentes catégories de routes en vertu de la politique modifiée.

 

 

Documentation

 

1.      Deputy City Manager's report Public Works and Services dated 18 July 2008 (ACS2008-PWS-SOP-0007).

2.      Transportation Committee, Extract of Draft Minutes, 3 September 2008.

3.      Extract of Draft Minutes, 11 September 2008.


Report to/Rapport au:

 

Agriculture and Rural Affairs Committee /

Comité de l'agriculture et des questions rurales

 

and / et

 

Transportation Committee/

Comité des transports

 

and Council / et au Conseil

 

18 July 2008 / le 18 juillet 2008

 

Submitted by/Soumis par : R.G. Hewitt,

Deputy City Manager/Directeur municipal adjoint,

Public Works and Services/Services et Travaux publics 

 

Contact Person/Personne ressource : John Manconi, Director / Directeur

Surface Operations/Opérations de surface

(613) 580-2424 x21110, john.manconi@ottawa.ca

 

City-wide \ À l’échelle de la Ville

Ref N°: ACS2008-PWS-SOP-0007

 

 

SUBJECT:

ROAD PATROL Program

 

 

OBJET :

PROGRAMME DE PATROUILLE ROUTIÈRE

 

 

REPORT RECOMMENDATIONS

 

That the Agriculture and Rural Affairs Committee and Transportation Committee recommend that Council approve the Surface Operations Branch of the Public Works & Services Department include as part of the Draft 2009 Operating and Capital Budget Estimates for consideration the following:

 

 

1.      That the Road Patrol Program be expanded from its current state to be aligned with the Minimum Maintenance Standards (Ontario Regulation 239/02) on Class 1, 2, 3, 4 and 5 roads per Option 1 of this report and as recommended by the Auditor General and the Rural Summit

2.      That the 2009 estimated operating cost of $996,000 and 11 FTE’s and estimated one-time capital costs of $430,000 for this program be provided as follows:

 

a.                  Existing funding within the SOP Operating Budget of $355,000 and 4 FTE’s from the current road patrol program

 

b.                  That remaining funding required to implement the Road Patrol program be added to the 2009 Operating and Capital Budget pressures estimated at an additional annual operating funds of $641,000 and 7 FTE’s and one-time capital funding of $430,000.

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’agriculture et des questions rurales et le Comité des transports recommandent au Conseil d’accepter que la Direction des opérations de surface des Services et Travaux publics prévoie dans le projet de budget de fonctionnement et d’immobilisations pour 2009 :

 

1.      L’expansion du Programme de patrouille routière afin que celui-ci réponde aux normes d’entretien minimal (Règlement de l’Ontario 239/02) pour ce qui concerne les routes de catégorie 1, 2, 3, 4 ou 5, conformément à l’option 1 présentée dans le présent rapport et aux recommandations formulées par le vérificateur général et à la suite du Sommet rural.

2.      Que les coûts de fonctionnement estimatifs de 996 000 $ et les 11 ETP ainsi que les coûts ponctuels estimatifs de 430 000 $ devant être consacrés à ce programme en 2009 soient répartis de la manière suivante :

 

a)         355 000 $ provenant du budget de fonctionnement de la Direction des opérations de surface et 4 ETP actuellement consacrés au programme de patrouille routière;

 

b)         que les autres crédits nécessaires pour la mise en œuvre du programme de patrouille routière soient ajoutés aux pressions sur le budget de fonctionnement et d’immobilisations pour 2009, soit des crédits de fonctionnement supplémentaires estimatives de 641 000 $ et 7 ETP ainsi que des crédits d’immobilisation ponctuels de 430 000 $.

 

BACKGROUND

 

Road patrolling is carried out to inspect the roadway and adjacent right-of-way to detect defects that may adversely affect the structure of the road and consequently, public safety.  In addition, road patrols and associated follow-up maintenance activities help to extend the life and investment of public infrastructure.

 

Ontario Regulation 239/02, which came into force on November 1, 2002, contains what are described as the Minimum Maintenance Standards (MMS) for roads and bridges.  Included in the MMS are standards that describe road patrol operations. 

The standards describe the frequency that roads should be patrolled for deficiencies based on the classification of the roadways (Road classifications based on Average Annual Daily Traffic (AADT) and speed limit).  While the MMS are not mandatory, they offer a certain level of protection to limit liability against claims.  If a municipality wishes to use the MMS as a legal defence against statements of claim, the municipality must meet the standard of care in the MMS and be able to prove it was met.

 

As part of the development of Harmonized Service Standards for the new City, the Surface Operations Branch developed its own Maintenance Quality Standards.  These standards, which were approved by Council on June 11, 2003 (ACS2003-TUP-SOP-0004), included a strategy, which would provide a road patrol program in compliance with the MMS.  Council approved the standards, however, did not approve the accompanying recommendation to provide the additional funding necessary to fully implement the program.  Furthermore, as part of the 2004 Universal Program Review, $1.042M associated with road patrol on collector and residential streets was cut from the Surface Operations Branch budget.

 

Currently, class 1 and 2 roads are being patrolled and the patrollers are documenting the deficiencies on paper records. The Auditor General identified the current road patrol practices as insufficient in the 2006 Surface Operations Branch audit presented to Council on May 9, 2007.

 

A summary of patrolling frequencies for the MMS, the current City of Ottawa standard, and our current process is provided in Document 1.

 

 

DISCUSSION

 

Key Drivers of Road Patrol

 

The Surface Operations Branch is recommending that road patrols be expanded from their current state (road patrols on class 1 and 2 only) to be aligned with the provincial MMS in response to several key drivers:

 

1.      In the Auditor General’s 2006 audit of the Surface Operations Branch, it was recommended:

a.       That branch resources be redirected so that road patrols are reinstated in accordance with the City standards; and

b.      That the branch re-engineer its approach to planning work so that the notification system is a complement to a systematic approach based on routine maintenance, road patrols, and preventative maintenance.

2.      At the 2005 and 2008 Rural Summits, respectively, the following recommendations were made:

a.       Have routine inspections of Class 3 to 5 rural roads and ensure action is taken to keep ditches clear and address other rural road maintenance issues; and

b.      Maintenance of rural roads should remain a priority with the City of Ottawa.

3.      The Surface Operations Branch continues to move towards more proactive and cost effective services, including the proactive planning and programming of work through its internal “operations planning” and “performance measurement” initiatives.

 

Key Benefits of Road Patrols

 

There are several key benefits that are associated with completing routine road patrols within the City of Ottawa, including:

 

·    Optimized Life-Cycle / Asset Management

·    Enhanced Operations Planning

·    Improved Public Service, and

·    Risk Management.

 

Optimized Life-Cycle / Asset Management

 

One of the key findings in the 2006 audit was the need to reinstate road patrols.  In the report the Auditor indicated that:

 

“Road Patrols must be reinstated to at least the levels specified in provincial Minimum Maintenance Standards for Municipal Highways (MMSMH) in order to ensure the preservation of capital investments through both routine and preventative maintenance, as well as the safety of municipal roads”.

 

The road patrol function allows the City to identify deficiencies and conduct preventative maintenance techniques (pothole repairs, minor asphalt repairs, shoulder work, etc.) to ensure the roads do not deteriorate prematurely.  This results in the infrastructure lasting its “expected life” and delays the need for capital replacement projects.  It is generally accepted that proactive maintenance work can help extend the service life of pavement and sidewalk structures. Preventive roadway maintenance typically addresses minor deficiencies early, before the defects become major problems requiring large repairs or reconstruction.  Preventive maintenance is a key part of extending the life of an asset at relatively low cost and can contribute significantly to the minimization of overall asset lifecycle cost.  Eventually, even with preventive maintenance, roadways age and deteriorate to a point where it becomes more cost effective to renew or reconstruct the roadway rather than continue with many small repairs.  These considerations are taken into account in the City’s asset management program.

 

Enhanced Operations Planning

 

A second key finding in the 2006 audit was the need to become more proactive in the identification and planning of maintenance activities.  In the report the Auditor indicated that:

 

“That SOP re-engineer their approach to planning work so that the Notification system is a complement to a systematic approach based on routine maintenance, road patrols and preventive maintenance.”

 

The Surface Operations Branch is currently in the process of implementing an improved operations planning framework for maintenance activities that will provide the primary tool for continuous improvement of operations.  Road patrols and other forms of inspection will be a key mechanism for identifying deficiencies and having them planned and scheduled appropriately for completion.

 

A formal road patrol program results in the proactive identification of deficiencies in the road network. The deficiencies that are documented during road patrols are then prioritized and scheduled for repair according to a level-of-service standard that is based upon the location (i.e. Class of road and its importance to the transportation network) and the severity of the deficiency.  In this manner, the road patrol function will support the proper management of work to ensure maintenance activities are conducted in a timely, prioritized and cost efficient manner.

 

Improved Public Service

 

Conducting road patrols on class 1 to 5 roads will result in an improvement in overall service due to faster remediation of deficiencies.  This was identified many times during Rural Summit 1, and resulted in the following service recommendation:

 

“Have routine inspections of Class 3 to 5 rural roads and ensure action is taken to keep ditches clear and address other rural road maintenance issues.” 

 

Faster remediation of deficiencies is particularly important in rural areas where, although traffic volumes may be lower, risks can be greater due to higher posted speed limits, absence of street lighting, and the common presence of roadside ditches.

 

By scheduling road patrols to occur at regular frequencies, any deficiencies that are found will be identified and scheduled for repair within a timely manner.  The alternative method by which a deficiency would be identified and repaired is through the communities’ use of the City of Ottawa 3-1-1 number.  If a member of the public calls 3-1-1 in order to report a problem it is most likely the result of deficiency that has been in place for an extended period of time.  Road patrol would provide more proactive inspection of such deficiencies and therefore result in remediation of the problem before the public is motivated to call the City.  The proactive approach to maintenance will improve service levels over the long term and result in greater customer satisfaction.

 

Risk Management

 

One of the purposes of introducing the MMS was to help limit the exposure of municipalities to claims from the public by demonstrating due diligence of its assets.  Implementing road patrol and being able to demonstrate compliance with patrolling frequencies and repair standards provides a reduction in liability exposure.


Based on analysis of historical information, however, road patrol cannot be financially justified on the basis of claims mitigation alone.  Based upon figures collected by Risk Management for the years 2001-2006, the City receives an annual average of approximately 202 claims related to deficiencies that could be mitigated through routine road patrols. The total annual liability exposure is approximately $60,000.  A further risk that could be mitigated is the liability associated with the infrequent, individual claim with a large settlement amount.  Quantification of that risk requires data and expertise beyond the scope of the current analysis.

 

From a risk management perspective, claims related to sidewalks are of more significance.  For the same time period as the roadway analysis above (2001-2006) the average annual claims for “trips and falls” and “slips and falls” were approximately $199,000 and $294,000 respectively. 

 

Sidewalk deficiencies are not addressed by road patrols, however, the Surface Operations Branch is currently working to research and develop improved sidewalk inspections and patrols.  The Branch is also engaged with other municipalities and the Ontario Good Roads Association who are working on developing standards of practice for sidewalk inspection and patrol.  Once greater certainty regarding the direction of legislated sidewalk patrols becomes available, the Branch anticipates moving forward with more formalized proactive sidewalk patrols.

 

Municipal Benchmarking

 

In an effort to determine the road patrol standards and procedures being carried out in other jurisdictions subject to the Provincial legislation, a survey was sent to the following municipalities and regions:

 

§         City of Toronto

§         City of Barrie

§         City of Brampton

§         City of Greater Sudbury

§         City of Mississauga

§         City of Guelph

§         City of Hamilton

§         City of London

§         Ministry of Transportation

§         Norfolk County

§         Durham Region

§         Halton Region

§         Peel Region

§         Waterloo Region

§         York Region

§         Niagara Region

§         Wellington County

§         District of Muskoka

 

The survey consisted of 8 questions and was focused on determining if other municipalities were following the MMS described in Ontario Regulation 239/02 and served to gather information about their internal processes.

 

From the 18 contacts that were sent the survey, 6 responses were received – 4 from municipalities and 2 from regional governments.  All of the contacts indicated that they are in compliance with the MMS and have dedicated FTE’s assigned to the road patrol function.  At the present time, all the respondents use paper records to record road patrol activities.  However, the majority indicated that they are or would be investigating various technology solutions in the near future.

 

Leveraging Technology

 

Equipping staff with the appropriate technology to support road patrol functions has many tangible benefits, including: 

 

·           Reduced staff time required to perform routine and winter patrols and administrative staff time for data entry, handling and retrieval

·           Improved consistency and accuracy in records management

·           Greater protection against liability due to improved process consistency and records retention

·           Enables data gathering to track trends – could be used to prioritize assets for replacement

·           Ability to determine whether the repair time service windows are being met

·           Ability to interface with workload planning software for repair scheduling.

 

The technology industry has recognized these benefits and there are now several software products available that allow municipalities to realize the full benefits of the road patrol function from both risk management and workload planning perspectives.

 

It is recommended that the funds be allocated in order to purchase available road patrol software to support implementation of the program in accordance with the MMS.  Due to the size of the road network within the City of Ottawa, implementing road patrols in accordance with the MMS without the supporting software will not achieve the intended benefits listed above, while increasing significantly the administrative burden on staff for record keeping and transfer of identified deficiencies into the operations planning system.  It is estimated that the technology solution will avoid the need for, at the least, an additional 1-2 FTEs.

 

Summary of Road Patrol Options

 

Several options for the road patrol program were considered in the analysis from both a quantitative and qualitative perspective.  The costs of conducting road patrol were determined for each road class.  The three key options available are highlighted below of which Option 1 is recommended.

 

Option Description

Advantage

Disadvantage

Option 1 (Recommended)

Expand Road Patrols to Include Class 1, 2, 3, 4, 5 Roads

·    Consistent with the recommendations of the Auditor General.

·    Follows direction provided through the Rural Summits

·    Consistent with the Minimum Maintenance Standards (Ontario Regulation 239/02)

·    Enables all the road patrol benefits (described under the heading “Key Benefits of Road Patrol” in this report) across the entire road network.

·    Require additional annual operating funds of $641,000 for the addition of 7 FTE's, 7 vehicles, and supporting hardware and software.

·    Requires one-time capital funding of $430,000 in 2009 for vehicles and technology.


 

Option 2.

Conduct Road Patrols on Class 1 and 2 Only

(Status Quo)

 

·    No additional cost.

·    Not consistent with the recommendations of the Auditor General

·    Not consistent with the direction provided through the Rural Summits

·    Does not enable lifecycle cost benefits preventive maintenance

·    Does not enable full operational productivity benefits from proactive operations planning

·    No improvement to timeliness of service due to continued reliance on 311 calls to identify work.

Option 3.

Expand Road Patrols to Include Class 1, 2,

and 3.

 

·    Fewer resources required than for Option 1.  Requires 4 additional FTE's,  4 additional vehicles, and the supporting hardware and software.

·    Not consistent with the recommendations of the Auditor General

·    Provides the recommended road patrol program for only a portion of the road network – primarily in the urban core area 

·    Much of the rural road network, as well as the entire residential network would continue with no formal road patrol. For these unpatrolled areas, the same shortcomings identified under Option 2 would apply

This will require additional annual operating funds of  $370,000 and one-time capital funding of $281,000 in 2009.

 

Pending Revision to Road Patrol Regulations

 

The Provincial legislation governing road patrol (Ontario Regulation 239/02 which came into force on November 1, 2002 and contains what are described as the Minimum Maintenance Standards (MMS) for Municipal Highways) is currently under a mandatory 5-year review.  Some changes are being considered, particularly to the winter patrolling component. 

 

City of Ottawa staff are aware of the task force’s work and do not anticipate major impacts on the direction regarding road patrols in the City of Ottawa as presented in this report.  Staff will continue to monitor the work of the task force, assess impacts of new legislation once enacted, and report back to Council if there are any material impacts on the City’s Road Patrol Program.

 

 

RURAL IMPLICATIONS

 

One of the key recommendations from the first Rural Summit held in November 2005 was to have "routine inspections of class 3 to 5 rural roads and ensure action is taken to keep ditches clear and address other rural road maintenance issues".  Road maintenance continues to be a key area of interest as confirmed in the recently held Rural Summit II held in April 2008.

Implementation of road patrols in accordance with the MMS as recommended in this report would improve service levels in the rural communities and is supported by the Rural Affairs Office.

 

 

CONSULTATION

 

Extensive consultation with the rural community was undertaken through Rural Summit I and Rural Summit II.  Rural road infrastructure maintenance was one of the key items discussed during the summits.  Direction from the summits has been considered and incorporated into this report.

 

The Roads maintenance operations of a number of Ontario municipalities, as listed under the “Municipal Benchmarking” heading of this report, were consulted regarding road patrol practices, compliance, and use of technology.  Results of this consultation are discussed in the report.

 

Internal City consultation by the Surface Operations Branch has also been conducted with the following Branches:

·    Rural Affairs - The Rural Affairs Officer endorses the recommendations of the Rural Summits and is in support of this initiative

·    Infrastructure Services Branch - Supports this initiative as it aligns with and is part of Infrastructure Services Branch’s Asset Management Strategy

·    Legal Services/Risk Management - Has reviewed the report and endorses the initiative.

 

 

FINANCIAL IMPLICATIONS

 

The following are the financial implications for the recommended enhanced service levels identified in this report. The expanded Road Patrol Program is currently not incorporated as part of the 2009 Operating and Capital Budget pressures:

 

Option 1 - Minimum Maintenance Standards on Class 1, 2, 3, 4, and 5 Roads

 

The total annual Road Patrol Program is estimated operating cost of $996,000 and 11 FTE’s and a one-time capital cost of $430,000.

 

The 2009 Operating and Capital requirements for this program be provided as follows:

 

·       Existing funding within the SOP Operating Budget of $355,000 and 4 FTE’s for the current road patrol program

 

·       That remaining funding required to implement the Road Patrol program be added to the 2009 Operating and Capital Budget pressures estimated at an additional annual operating funds of $641,000 and 7 FTE’s and one-time capital funding of $430,000. 

 

SUPPORTING DOCUMENTATION

 

Document 1 - Comparison of Road Patrol Frequencies

 

DISPOSITION

 

Upon approval of this report and the 2009 Budget, the Public Works and Services Department, Surface Operations Branch will commence with implementation of the program as outlined in the report.


Document 1

Comparison of Road Patrol Frequencies

 


 



road patrol program

PROGRAMME DE PATROUILLE ROUTIÈRE

ACS2008-PWS-SOP-0007                                CITY WIDE / À L'ÉCHELLE DE LA VILLE

 

The Committee received e-mailed comments dated 3 September from C. Williams, objecting to this proposal.  A copy of his e-mail is held on file.

The Director of the Surface Operations Branch, John Manconi, presented an overview of the report to the Committee.  A copy of his PowerPoint presentation is held on file.

Ray Kostuch, Manager, Office of the Auditor General (AG), who spoke to the AG’s 2006 audit of the Surface Operations Branch and its subsequent 2007 follow-up audit.  The audits identified that current road patrol practices were insufficient, and recommended:

1.         That road patrols be implemented by redirecting existing resources within the Surface Operations Branch.

2.         That staff be taken from the existing 824 FTE complement.

 

Mr. Kostuch explained that overall, the AG’s office had found significant progress on many of its recommendations, but that a specific recommendation on road patrols had not been implemented, with indications at the time that management was looking at the feasibility of redeploying vacant FTE’s to road patrols within their existing budgets.

Derrick Moodie, Rural Affairs Officer, Rural Affairs Office (RAO) added that this issue had been raised at the first Rural Summit in 2005 and there was strong community support for the reinstatement of routine inspections of Class 3 to 5 roadways, which made up the predominant share of roads in rural areas, many of which consist of a gravel surface and are subject to alteration by weather and traffic conditions.  He explained that rural residents were frustrated when they would see a City vehicle arrive to fix one problem, but drive past other obvious ones, only to return later to fix those.  He pointed out that prior to amalgamation, some of the townships had road patrol programs that fixed several problems at the same time.  Mr. Moodie emphasized that roads continue to be a source of angst for rural residents who have seen a decline in their road conditions since amalgamation, as evidenced by continued requests for a proactive road maintenance program.

 

Councillor Legendre referred to Document 1, which illustrates the comparison of road patrol frequencies.  Referring to major collectors, he noted the disparity between the proposal for weekly visits, and the current practice, of ‘none’.  He suggested that a period of once every two months for such roads might suffice.  He went on to state that in cases where it is a missing manhole cover, for example, the community would likely let the City know of such dangers within 24 hours.  Based on a schedule of weekly visits, he wondered how long it would take for a work order to be processed in order to effect a repair to an identified situation.  Mr. Manconi explained that the technology currently in use has key features which included prioritization coding to schedule work based on the immediacy of need and severity of the road condition.

 

Following on this response, Councillor Legendre understood that repairs would be done in a timely fashion, and yet the standard still has the frequency of visits being once a week.  He maintained that once the work is identified as having to be done, there would not be a need for such frequency of visits.  Mr. Manconi explained that what the inspector would be looking for is changes to the conditions.  This will be a “Made in Ottawa” solution and therefore the City is not aligned to the Provincial frequencies.  He clarified that these are the provincial regulations that were formed by a multi-disciplinary team which our legal department was a part of.  Should the Committee like the idea of road patrols and choose to move away from those frequencies, staff could certainly do that, but it would mean the City would not be aligned to the regulations.

 

When asked to comment on whether or not going that route would expose the City to any liability, Ernest McArthur, Solicitor, Legal Services advised that the Municipal Act says that if the City meets certain minimum standards, it cannot be held liable.  The Act does not say the municipality has to meet them - that is a risk management decision for the Committee and Council.  The Chair asked the Solicitor to explain what is defined as “reasonable”, etc., in terms of statutory interpretation because what is reasonable in Ottawa in the winter, for example, might be different for what is reasonable in Toronto.  Mr. McArthur confirmed this, adding that there is no statutory interpretation as such.  What the Act says is what is reasonable in light of all the circumstances and the nature of the road.

 

The Chair asked the Solicitor to advise Committee (or before the item rises to Council), in the last five years only, how many lawsuits he was aware of that have been brought against the City because it had not met a minimum standard or failed the reasonableness test.  Mr. McArthur could not provide that information now, but was aware of some analysis that had been done about three years ago.  He agreed to update that analysis and determine how many claims there have been.

 

Following some discussion with staff, Councillor Leadman found it extraordinary that what is being recommended, i.e., an increase in road patrol frequencies to come in line with the regulations, would require having to hire seven FTEs.  Mr. Manconi explained that it is actually 11 FTEs, but with the GPS technology being brought in, staff anticipate being able to do it with less.  And, since the GPS first came in (2002), there has actually been a reduction of three FTEs (from 14 to 11).

 

The councillor explained that although it is referenced here, it is not very clear and she wondered if this will be implemented as soon as these people start, or is it part of the package that is now sitting in I.T.  Mr. Manconi clarified that this package is separate from the GPS in the salters; this is more straightforward technology for which I.T. provides support to PWS.  Therefore, the technology would be acquired, but the staff would not start until the technology is here and operational.  Responding to additional questions posed by the councillor, Mr. Manconi explained that they will stay with their current staff and the maintenance planners will take the information; the data will be ‘dumped’ at the end of a shift and will automatically cut out work orders that state what has to be repaired.

To Mr. Kostuch, Councillor Leadman requested a clarification of the resources required to address the recommended expansion to the road patrol program.  Mr. Kostuch explained that during their follow-up audit in 2007, management in PWS was asked what the status was of the recommendation on establishing road patrols.  Their response at that time was that they had not implemented it yet, but were looking at the feasibility of deploying vacant FTEs to road patrols from within their existing budget.  At the time, the feasibility study of redeploying the vacant positions was not completed, so the AG’s office did not look at the study.  He was not aware whether or not it has been completed.

 

When asked by the councillor whether the vacant FTEs were being used for this, Mr. Manconi advised that that was his statement to the AG because there were some vacancies at the time, and operationally, staff looked at whether or not those resources could be used.  He noted however, that it was going to affect service on the street and management decided not to use those vacancies.  He added that 10 FTEs were reduced through the 2007 and 2008 efficiency program.

 

Councillor Leadman inquired whether the vacant FTEs referred to by Mr. Kostuch previously were middle management positions that could have been redeployed to this program.  Mr. Kostuch explained it was not; they had recommended that staff look at streamlining and reducing the management levels within Surface Operations and that those savings (as suggested in the 2006 Audit), could be deployed to road patrols.  He reiterated the fact that at the time of their follow-up audit, that recommendation had not been fully implemented.

 

When asked how many FTE cuts were made as a result of recommendations from the AG, Mr. Manconi did not have that specific information handy, but indicated that of the 43 recommendations, all but three (which includes this report) have been completed.  He further confirmed that the positions being requested are full-time positions, whose duties will include a myriad of tasks related to surface operations throughout the year.

 

Councillor Leadman proposed the following Motion:

 

WHEREAS There are significant capital pressures facing the City resulting from aging and deteriorating infrastructure;

 

AND WHEREAS Hundreds of millions of dollars are currently assigned to capital projects annually in part due to the 2% capital levy;

 

AND WHEREAS There are no efficiencies contained or outlined in the report on the Road Patrol Program;

 

AND WHEREAS The City must achieve $100M in efficiencies in addition to significant budgetary pressures for 2009 and into the future;

 

THEREFORE BE IT RESOLVED THAT City Staff be directed to provide a complete list of efficiencies associated with this program that includes but not limited to risk mitigation and extension of capital assets.

 

THEREFORE BE IT FURTHER RESOLVED THAT A review be undertaken to determine the cost-benefit of further expansion of this program to reduce the necessity of expensive repaving of existing capital assets.

 

THEREFORE BE IT FURTHER RESOLVED THAT No outside consultants and resources be retained to fulfil this motion.

 

The councillor recognized that the role of this program is to extend the life of the City’s assets and in so doing, acknowledged the need to strike a balance in terms of monies that are spent.  She wondered whether or not there had been a connection made in terms of reallocation to the department from the capital projects to support this program.  The Director agreed it is a factor in theory and anticipated that it would extend the life of the City’s roads and is therefore the right thing to do.  He was unable to quantify that in terms of what the payback rate of return is on investments.  He added that there will be a lot of work generated from this, especially within the first few years as the City plays catch-up.  He confirmed it would be the investment in the long term where this will start to reap some returns.

 

In terms of risk management, Councillor Leadman understood there would be a higher liability on sidewalks than on roadways and Mr. Manconi confirmed this understanding, and noted that the City has not received a lot of road claims.  In hearing this, the councillor explained her position that the City should be careful not to over-react to something and to ensure a balance between rural, urban and suburban roadways because this program would be city-wide.

 

Following on the comment about risk management, Chair McRae asked whether the 202 claims, which are received by the City each year at a total annual liability exposure of $60,000 is the total amount for that number of claims.  Legal staff could not respond, but Mr. Manconi confirmed that is the total, which would be an average of $300 per claim.  The Chair suggested that when looked at on an individual basis, that is nothing compared to what is being requested for additional resources and there is no proof that those claims will decrease once those additional staff are brought on.  Mr. Manconi confirmed this assessment, noting that the financial piece of risk management is not the main driver.

 

Councillor Cullen appreciated staff bringing this forward and being given an opportunity to do something here.  He believed, however, this program is more of a “nice to have” as opposed to a “need to have” and was not convinced that Council ought to be expanding the program. 


He understood it would be of benefit to the road system, but he also recognized there are competing priorities and his office already receives many calls from the community advising of potholes, et cetera and these are sent over to Surface Operations that, in turn, do a very good job of responding and so he questioned the need for patrols to do this.  He preferred that the debate on this program be held during budget.

 

When asked how he proposed to move this forward for consideration at budget, i.e., would the Committee approve the report, with a caveat that it is only going forward to get it out to all of Council, he explained that Recommendation 1 already refers to the fact it would be considered during the 2009 budget.  He preferred that as opposed to recommending no further action, because it would give the public the opportunity to comment on this proposal during the budget process.  Therefore, he was prepared to adopt the report recommendations today, on the understanding that such affirmation is not misinterpreted as approval at this point in time.

 

Councillor Bédard was seeking clarification from staff that the road patrols would not simply be driving around and identifying problems, but would also have the necessary expertise and equipment to repair damage when necessary.  The Director confirmed that these patrols can do some of the minor maintenance work, but would have to identify a missing manhole cover, for example, by a flashing beacon or pilon until it is replaced.  Works that requires larger scale equipment or a crew would be put into the queue.

 

The councillor asked Legal staff if the City would meet all the requirements to be risk-free if it adopted this program.  Mr. McArthur confirmed this, so long as it meets the minimum standard (provincial); if the City does not meet that particular standard, there are other defences it can rely on to defeat a claiim.  For example:  Was the City knowledgeable about the circumstances of the roadway?  Did it do what was reasonable?.

 

Referring back to the comments made by the Manager in the AG’s office, Councillor Bédard asked PWS staff if they had carried out a review of their management levels.  The Director confirmed that they had completed that review and had subsequently reduced their management staff at all levels.  When asked whether the money saved by those reductions could be applied to this program, or whether it was applied to elsewhere, Mr. Manconi advised that in 2007 and 2008 as part of the Corporate Efficiency Programs, the department gave up $1M and FTEs each year.

 

Since there would appear to be no money left, the councillor presumed that the AG’s recommendation that supporting the expansion of this program should be redirected from the existing complement, would no longer apply.  Mr. Kostuch reiterated the fact that at the time of their follow-up audit, that recommendation had not been completed.  If management has completed it, he was not aware of that, nor was he aware of what was done with those savings if in fact they did offer them up for 2008, because they would not have audited what they did with those savings. 


Based on remarks made by Mr. Manconi and in response to a question posed by Councillor Bédard, Mr. Kostuch agreed therefore, that the AG’s recommendation that it be redirected would no longer apply.

 

Councillor Bloess noted that the majority of calls from the public reporting road deficiencies are channelled through 3-1-1 and suggested that the money being recommended for this program, might be better spent being directed to the 3-1-1 operation.  He provided an example where a deficiency was pointed out and while it was recognized and flagged for repair, the remedial work has yet to be done.  This lead him to believe that the identification (as would be done through this program) is not the problem, but the actual repairing that causes the delay.  In response to the suggestion to focus more on the 3-1-1 service to identify deficiencies and then have the department take care of them, Mr. Manconi advised that while he could not comment on the 3-1-1 service, he explained that the focus of the report is moving from a reactionary organization to a proactive one.  He wholly supported residents calling in to report deficiencies through the 3-1-1 system, but this report deals with the systematic approach to the regular inspections and the planning of the work.

 

Councillor Bloess explained that he was not quite convinced of the need for this program and maintained that an enhanced 3-1-1 service would provide an avenue to garner more information about problems on the roadways, well before any inspector picks them up and he firmly believed that is the direction the Committee should go.  He advised that he would not support the recommendations going forward and opted to wait until budget to make a further determination.

 

Councillor Thompson suggested that other operators in the City that are out and about as part of their duties (including bus drivers) could keep an eye out for roadway deficiencies and report them when they see them.  He thought that if the existing roads staff perhaps were at a higher level of observation, they too might be able to advise of these while doing other repairs.  He acknowledged concerns about liability, but believed the City was well protected on that front and suggested what was required was simply an enhancement of road staff and to continue to call on residents to let the City know when there is a pothole, et cetera.

 

There was some discussion between Councillor Leadman and the Director with regards to standards and the councillor believed the City would be more at risk by setting a standard that is so high it cannot even come close to it.  The Director explained that he would want to discuss the standards with legal and risk management to determine what the implications are (if any), if the City drops down to those standards.  It has already set the bar, with Highway 174 being the highest standard.  If that is reduced, the City needs to know what the implications would be and there are any risks associated with that.  He confirmed that approval of this report would bring the City up to the standard.

 

Councillor Leadman stated that because the staff report only deals with the costs and does not show the potential efficiencies and cost savings that can be borne through this program, the Motion she had submitted would be a lot more relevant if staff want to be able to prove that this report has a beneficial impact to the City and that this program can be done within an existing structure in terms of the Capital projects.  She asked if the Director saw a benefit to gathering the information as outlined in her Motion.  Before responding, Mr. Manconi first touched on the issue of risk management and stated that he was not aware of any multi-million dollar claim associated with the the road maintenance function and therefore did not anticipate any significant swings in the numbers that are shown in the report.  Specific to the councillor’s Motion, the Director reiterated that he did not believe he could bring back a quantitative analysis that would be meaningful.  He went on to state that it is a question of operating and maintaining the infrastructure in a proactive fashion as the best for the life cycle of that asset.

 

Based on these comments, the councillor indicated she would withdraw her Motion.

 

Councillor Legendre put forward the following Motion:

 

WHEREAS there are currently roads that do not receive the attention of the current staff assigned to the road patrol function;

 

WHEREAS roads do not deteriorate in a manner that is precipitous leading to unsafe conditions as might perhaps be the case with bridges;

 

WHEREAS the local community can be counted on to report exceptional physical deterioration or missing manhole covers causing unsafe conditions and a need for a prompt response;

 

THEREFORE BE IT RESOLVED that the Road Patrol Frequency for the various road categories be adjusted so that:

·        All roads receive a minimum twice-a-year examination, and that,

·        The road patrol staffing level remain at the current level, and that,

·        Staff report, within 2 months, on the proposed examination frequency for the different road categories under the revised policy.

 

He inquired what the frequency is of examining bridges is in Ottawa and was advised by staff that the inspection of bridges is regulated by the Infrastructure Management Branch.  The councillor asked that information be provided by the time this item rises to Council.  Staff also agreed to provide the pavement management inspection, which includes the inspection of all the main roads in terms of pavement distress, et cetera.

 

Councillor Legendre explained that the intent of his Motion is to allow staff to rejig the frequency of examinations, using existing resources. 

The minimum is to set a floor and there would be some roads visited at a frequency of, presumably, much higher than that minimum, but it would depend on the resources currently available.  Legal staff recognized that as shown in Document 1, the City is currently not meeting the standard and therefore what is recommended in the Motion would be an improvement on that.  The councillor further clarified that it would be left to staff to determine what the minimum and frequency would be, but presumed that the lowest class roads would have the minimum and the higher class roads would have a higher frequency.

 

Councillor Thompson asked that following working on a rural road, do the operators give a report stating whatever failures might have been noticed through the course of their day, for example.  Mr. Manconi confirmed this is all part of the changes that have been implemented; operators have program sheets and they log the activities they have done and there’s also a comments section for deficiencies in areas needing attention.

 

When asked by the councillor if it could be stated that the roads staff are part of that patrol right now, Mr. Manconi indicated that would depend on the patrol frequency; it has to be a systematic approach, with consistent documentation for it to be useable, not only for planning but also for litigation and so forth.  In the summary of the report, he advised that what staff is trying to convey is that the City is not meeting the standard now and what is being recommended will ensure that it will meet those standards.

 

Moved by J. Legendre

 

WHEREAS there are currently roads that do not receive the attention of the current staff assigned to the road patrol function;

 

WHEREAS roads do not deteriorate in a manner that is precipitous leading to unsafe conditions as might perhaps be the case with bridges;

 

WHEREAS the local community can be counted on to report exceptional physical deterioration or missing manhole covers causing unsafe conditions and a need for a prompt response;

 

THEREFORE BE IT RESOLVED that the Road Patrol Frequency for the various road categories be adjusted so that:

·        All roads receive a minimum twice-a-year examination, and that,

·        The road patrol staffing level remain at the current level, and that,

·        Staff report, within 2 months, on the proposed examination frequency for the different road categories under the revised policy.

 

                                                                                    CARRIED

 

Councillor Cullen suggested that the Committee approve the staff recommendations, with the clear proviso that in doing so, it is simply to move the item forward to Council for consideration as part of the 2009 budget.

 

That the Agriculture and Rural Affairs Committee and Transportation Committee recommend that Council approve the Surface Operations Branch of the Public Works & Services Department include, as part of the Draft 2009 Operating and Capital Budget Estimates for consideration, the following:

 

1.         That the Road Patrol Program be expanded from its current state to be aligned with the Minimum Maintenance Standards (Ontario Regulation 239/02) on Class 1, 2, 3, 4 and 5 roads per Option 1 of this report and as recommended by the Auditor General and the Rural Summit.

 

2.         That the 2009 estimated operating cost of $996,000 and 11 FTE’s and estimated one-time capital costs of $430,000 for this program be provided as follows:

 

a.         Existing funding within the SOP Operating Budget of $355,000 and 4 FTE’s from the current road patrol program;

b.         That remaining funding required to implement the Road Patrol program be added to the 2009 Operating and Capital Budget pressures estimated at an additional annual operating funds of $641,000 and 7 FTE’s and one-time capital funding of $430,000.

 

3.         WHEREAS there are currently roads that do not receive the attention of the current staff assigned to the road patrol function;

 

WHEREAS roads do not deteriorate in a manner that is precipitous leading to unsafe conditions as might perhaps be the case with bridges;

 

WHEREAS the local community can be counted on to report exceptional physical deterioration or missing manhole covers causing unsafe conditions and a need for a prompt response;

 

THEREFORE BE IT RESOLVED that the Road Patrol Frequency for the various road categories be adjusted so that:

·        All roads receive a minimum twice-a-year examination, and that,

·        The road patrol staffing level remain at the current level, and that,

·        Staff report, within 2 months, on the proposed examination frequency for the different road categories under the revised policy.

 

CARRIED, as amended, with R. Bloess dissenting

 

The Committee noted that the report recommendations, as amended, would be considered by the Agriculture and Rural Affairs Committee on Thursday, 11 September, following which it would rise to Council on 24 September and subsequent discussion during budget.

 

                                                                                                           


ROAD PATROL PROGRAM

PROGRAMME DE PATROUILLE ROUTIÈRE

ACS2008-PWS-SOP-0007                                CITY-WIDE \ À L’ÉCHELLE DE LA VILLE

 

John Manconi, Director of Surface Operations was in attendance to answer questions.  Chair Jellett advised that the Committee received the draft Minute extract with the position taken by the Transportation Committee.

 

Councillor Monette referred to Page 12, which explained that one of the purposes for introducing the Minimum Maintenance Standards (MMS) was to help limit exposure and asked how much is presently being paid out.

 

Mr. Manconi explained that Risk Management and Legal Services had undertaken a review from 2001 to 2006 and had an average of approximately 200 claims a year with a liability exposure of about $60,000 a year.

 

He also informed the Committee that inspections are being done on sidewalks, and staff is in the process of expanding the program.  He added that the focus of this report was with the Auditor General’s recommendations.

 

At Councillor Thompson’s request, Mr. Manconi elaborated on the reporting mechanism currently in place, and advised that staff and the public are encouraged to call 3-1-1 for any road deficiencies.  Councillor Brooks said that he started a program in his ward called the Road Watch Program, which encourages the public to call 3-1-1. 

 

Councillor Hunter recalled that in former Nepean, the Public Works and Services contracted a company called Pavement Management Systems to drive the streets of Nepean each summer with a bicycle wheel towed behind a vehicle that measured deflections of the asphalt and gave a ‘Riding Comfort Index’ of the road.  Through that process, the Department was able to prioritize roads for resurfacing and then Council could change this list accordingly.  He asked staff to differentiate this to the staff recommendation within the report.

 

Mr. Manconi confirmed that the service the Councillor referred to still continues in the Infrastructure Services Branch.  He advised that Mr. Newell’s area performs assessments on a specified frequency, depending on the road classification, and from that, generates a list indicating which roads are due for rehabilitation, and when.  Because of a lack of funding, there are roads that lack maintenance, although staff continue to keep them in an operable state.  His area is continuing to build on the proactive life cycle maintenance.  In terms of 3-1-1 and the public involvement, his staff have been communicating with the Manager of Client Service Centres to continue this service, and expand on it. 

 

Councillor Hunter focused on the three FTE’s and asked if they were working 12 months a year or if they were seasonal.  Mr. Manconi confirmed that these three FTE’s were working year-round on a variety of jobs such as snow removal, inspections and training.

 

Councillor El-Chantiry requested clarification on what positions were eliminated during the Universal Program Review (UPR) in 2004.  Mr. Manconi indicated the UPR had reduced resources in this area.  He explained that this was before ARAC as a result of recommendations from the Auditor General.  He confirmed that staff would implement Council’s direction and stated management’s position was that it was a good idea.  However, in terms of affordability and the big picture, it’s up to Council to set the direction.  He expressed staff’s belief in proactive planning and in taking a systemic approach.  However, he suggested more could be done and advised that management had not wait for this before launching an operations’ planning network.  He noted that positive feedback had been received from rural Councillors and he attributed this to the systemic approach taken by management staff and supervisors.  He submitted this would take it to the next level and, with respect to the Auditor General, he maintained that there were legal issues, as discussed in the report.  He remarked that Mr. McCarthy was present and could speak to the legal issues.  He indicated staff was trying to find a happy medium and he re-iterated that Council would have to give direction.  Should the answer be no, he stated staff would understand and would continue to do their best to coordinate and facilitate, manage and inspect, and coordinate works in all parts of the community.  He indicated that he would not like to see a degradation of the current 4 FTEs, which were patrolling Highway 174 and asked that this piece of infrastructure not be put at risk because he believed not patrolling this road and not meeting the standards would lead to future difficulties.

 

Councillor Thompson moved,

 

WHEREAS there are currently roads that do not receive the attention of the current staff assigned to the road patrol function;

 

WHEREAS roads do not deteriorate in a manner that is precipitous leading to unsafe conditions as might perhaps be the case with bridges;

 

WHEREAS the local community can be counted on to report exceptional physical deterioration or missing manhole covers causing unsafe conditions and a need for a prompt response;

 

THEREFORE BE IT RESOLVED that the Road Patrol Frequency for the various road categories be adjusted so that:


 

·                 All roads receive a minimum twice-a-year examination, and that,

·                 The road patrol staffing level remain at the current level, and that,

·                 Staff report, within 2 months, on the proposed examination frequency for the different road categories under the revised policy.

 

CARRIED with Councillors Hunter and El-Chantiry dissenting.

 

 

That the Agriculture and Rural Affairs Committee and Transportation Committee recommend that Council approve the Surface Operations Branch of the Public Works & Services Department include as part of the Draft 2009 Operating and Capital Budget Estimates for consideration the following:

 

 

 

1.                  That the Road Patrol Program be expanded from its current state to be aligned with the Minimum Maintenance Standards (Ontario Regulation 239/02) on Class 1, 2, 3, 4 and 5 roads per Option 1 of this report and as recommended by the Auditor General and the Rural Summit

 

2.         That the 2009 estimated operating cost of $996,000 and 11 FTE’s and estimated one-time capital costs of $430,000 for this program be provided as follows:

 

a.   Existing funding within the SOP Operating Budget of $355,000 and 4 FTE’s from the current road patrol program

 

b.      That remaining funding required to implement the Road Patrol program be added to the 2009 Operating and Capital Budget pressures estimated at an additional annual operating funds of $641,000 and 7 FTE’s and one-time capital funding of $430,000.

 

3.         That the Road Patrol Frequency for the various road categories be adjusted so that:

·                    All roads receive a minimum twice-a-year examination, and that;

·                    The road patrol staffing level remain at the current level, and that;

·                    Staff report, within 2 months, on the proposed examination frequency for the different road categories under the revised policy.

 

                                                                                                CARRIED as amended