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HomeMy WebLinkAboutINS-2023-079 - Significant Weather Event Declaration via Adoption of MMS Infrastructure Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: October 30, 2023 SUBMITTED BY: Roslyn Lusk, Director Operations Roads & Traffic, 519-741-2600 ext. 4599 Jeff Silcox-Childs, Director Parks & Cemeteries, 519-741-2600 ext. 4518 PREPARED BY: Roslyn Lusk, Director Operations Roads & Traffic WARD(S) INVOLVED: All DATE OF REPORT: September 11, 2023 REPORT NO.: INS-2023-079 SUBJECT: Significant Weather Event Declaration via Adoption of MMS RECOMMENDATION: That Council provide delegated authority for a significant weather event declaration and adopt O. Reg. 239/02 as the minimum maintenance standards for highways, bridges, roads, bike lanes, trails and sidewalks set out in the By-law attached to INS Report 2023-079. REPORT HIGHLIGHTS: The purpose of this report is to re- Ontario Regulation 239/02: MINIMUM MAINTENANCE STANDARD FOR MUNICIPAL HIGHWAYS (MMS) as the minimum level of service provided on municipal roads, bike lanes, and sidewalks owned and maintained by City of Kitchener by adopting a By-law and to secure delegated authority to declare a Significant Weather Event (SWE) in accordance with governing Provincial Regulation. There are no financial implications. This report supports the delivery of core services. BACKGROUND: Maintenance services within the right of way are well-defined and regulated through Ontario Regulation 239: Minimum Maintenance Standards for Municipal Highways (O.Reg. 239 MMS). The City requires a formal By-ntenance (SWE), if and when *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. certain triggers are met. In addition, because the city maintains both municipal and regional roadways, the Region must delegate authority to city staff to allow for any potential SWE declaration to apply to all regional roads the city maintains within the City of Kitchener per the Region of Waterloo Transportation Division Maintenance Agreement with the City of Kitchener to operate and maintain regional roads within the City of Kitchener, also known as the Area Municipalities Agreement (AMA). City of Kitchener staff is working collaboratively with area municipalities within the Region and the Region itself to coordinate similar reports. REPORT: The By-law attached to INS Report 2023-079 re- Ontario Regulation 239/02: MINIMUM MAINTENANCE STANDARD FOR MUNICIPAL HIGHWAYS (MMS) provided on municipal roads, bike lanes, and sidewalks owned and maintained by City of Kitchener. There are no operational changes or resource impacts associated with the passing of this By-law. Formal adoption of minimum maintenance service levels for roads and sidewalks via a By- law aligns with the expectations of the Asset Management Regulation 193/21, as well as requirements set forth maintain regional roads within the City of Kitchener. By formally recognizing the MMS as the minimum service provision through a By-law, there is an inherent ability to declare a SWE when and if the specific triggers identified in the By-law are met. Through the declaration of a SWE, specific timeframes identified in the MMS can be paused so municipal forces can be prioritized appropriately and deployed when safe and practicable. The weather hazard triggers for a SWE declaration within the Region were selected through collaboration with the area municipalities and the Region and match those identified by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program, as required by the MMS. The following is a list of triggers upon which a SWE may be declared when any or all the following is forecast or occurring: 1. Greater than 20cm of snow accumulation expected or occurring during the next 24 hours. 2. Greater than 20mm of ice accretion from a freezing rain event lasting longer than 12 hours. 3. Sustained winds above 60km/hr that will reduce visibility. boundaries requires delegated authority from the Region which will be provided through a Region of Waterloo Staff Report, which is expected to be passed in November 2023. The MMS undergoes regular reviews to ensure maintenance standards remain relevant and achievable. When MMS changes are made by the Province, staff will evaluate the changes and determine if updates to the By-law schedule are required. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM the council / committee meeting. The City of Kitchener website publishes details on winter maintenance service levels and provides mapping tools to support awareness of winter maintenance activities. In addition, a communication plan is being developed should the need arise to declare a Significant Weather Event (SWE). PREVIOUS REPORTS/AUTHORITIES: Policy I-1240 WINTER MAINTENANCE POLICY (Policy and Procedures for the Municipalities of the Geographic Region of Waterloo) INS-7-21 Agreement for Maintenance Services on Regional Roads Municipal Act, 2001; O.Reg.239/02 Minimum Maintenance Standard for Municipal Highways (MMS) APPROVED BY: Denise McGoldrick, General Manager, Infrastructure Services ATTACHMENTS: Attachment A By-law to Adopt Minimum Maintenance Standards and Delegated Authority to Declare a Significant Weather Event. THE CORPORATION OF THE CITY OF KITCHENER BY-LAW NO. BEING A BY-LAW TO ADOPT MINIMUM MAINTENANCE STANDARDS AND DELEGATED AUTHORITY TO DECLARE A SIGNIFICANT WEATHER EVENT WHEREAS Section 23 of the Municipal Act authorizes a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in the Municipal Act provided Council is of the opinion that the power being delegated is of a minor nature; AND WHEREAS Council has deemed that certain routine administrative and legislative powers are of a minor nature, and the delegation of these powers would contribute to the efficient management of the municipality while still adhering to the principles of accountability and transparency; AND WHEREAS Section 44(1) of the Municipal Act, R.S.O. 2001, states that municipalities shall keep all highways and bridges in a state of repair that is reasonable in the circumstances including the character and location of the highway and bridge; AND WHEREAS Section 44(2) of the Municipal Act, R.S.O. 2001, states that a municipality that defaults in complying with subsection (1) is, subject to the Negligence Act, liable for all damages any person sustains because of the default. AND WHEREAS Section 44(3) of the Municipal Act, R.S.O. 2001, states that despite subsection (2), a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if, (a) it did not know and could not reasonably have been expected to have known about the state of repair of the highway or bridge; (b) it took reasonable steps to prevent the default from arising; or (c) at the time the cause of action arose, minimum standards established under subsection (4) applied to the highway or bridge and to the alleged default and those standards have been met. 2001, c. 25, s. 44(3). AND WHEREAS Section 44(4) of the Municipal Act, R.S.O. 2001, states that The Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them. 1 AND WHEREAS Section 44(5) of the Municipal Act, R.S.O. 2001, states that the minimum standards may be general or specificin their application. AND WHEREAS occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises. AND WHEREAS the Region has jurisdiction over regional roadways that are located within the boundaries of the local municipality: AND WHEREAS The Regional Municipality of Waterloo and The Corporation of the City of Kitchener have agreed to the terms and conditions set forth in the Region of Waterloo Transportation Division Maintenance Agreement with Local Municipalities, that the City of Kitchener shall provide certain road maintenance services on selected sections of the said roadways; AND WHEREAS The Region of Waterloo delegates authority to the local municipality to administer operations on regional roadways located within the boundaries of the local municipality in accordance with Ontario Regulation 239/02: MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS NOW THEREFORE BE IT RESOLVED THAT all prior Municipal By-laws, policies, procedures, and practices related to the maintenance and service levels for municipal highway, bridge, (as defined in Section 44 of Municipal Act) road, sidewalk, bike lane, recreational or multi-use trail, and any other land or property under the management of the Corporation of the City of Kitchener are hereby repealed and the Corporation of the City of Kitchener acts as follows: 1. The City adopts Ontario Regulation 239/02: MINIMUM MAINTENANCE STANDARD FOR MUNICIPAL HIGHWAYS (MMS) as the minimum level of service provided on municipal highways, bridge, roads, sidewalks, bike lanes, recreational or multi-use trails, and any other land or property under the management of the City of Kitchener staff. 2. Council delegates the authority to the Director, Operations Roads & Traffic or designate, to declare and communicate a Significant Weather Eventwhen applicable under Schedule 1. 3. This By-law comes into force and takes effect immediately upon being passed. 2 PASSED at the Council Chambers in the City of Kitchener this day of October, A.D. 2023. _______________________________________ Mayor _______________________________________ Clerk 3 SCHEDULE 1ANTICIPATED TRIGGERS FOR SIGNIFICANT WEATHER EVENT DECLARATION As required by the MMS, the weather hazard triggers match those identified by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program; and are common to the geographic area within the Region of Waterloo. The following is a list of triggers upon which a Significant Weather Event (SWE) can be declared when any or all the following is forecast or occurring: 1. Greater than 20cm of snow accumulation expected or occurring during the next 24 hours. 2. Greater than 20mm of ice accretion from a freezing rain event lasting longer than 12 hours. 3. Sustained winds above 60km/hr that will reduce visibility. 4