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03-21-2023
AGENDA City Council Meeting 4:00 PM - Tuesday, March 21st, 2023 Council Chambers/Zoom App. All Council Meetings are now open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. CALL TO ORDER O Canada: Performed by: Althea Timaan (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In-Camera March 21, 2023 - Resolution to go In-Camera 2.1 - Comments from Resident 13 - 16 3. ADOPTION OF MINUTES 3.1. Council Minutes of February 28, 2023 (Minutes added) City Council - 28 Feb 2023 - Minutes - Pdf 17 - 31 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Concerns from Resident 32 - 33 Page 1 of 1092 Resident Brian Medigee wishes to address Council regarding a few of his concerns, including: 1. Affordable housing to help with the homeless. 2. Create full time jobs not tourism full time jobs. 3. Revamping of the BIA or getting rid of it. 4. Be a good neighbor. 5. Crime 6. Speed changes for school areas 6.1 - Comments from Resident 6.2. Resident, David Rupay - Walker Brothers Quarry Expansion (Memo from City Clerk and petition added) David Rupay is looking to address concerns, regarding the Walker Bros. quarry expansion. Further details in attached email. Email from David Rupay - regarding Walker Quarry Expansion Clerk's Memo - Petition Uppers Quarry Petition - Uppers Quarry Petition - Uppers Quarry (Continued) 6.2 - Comments from Resident 34 - 74 7. PLANNING MATTERS 7.1. PBD-2023-18 AM-2022-018, Zoning By-law Amendment 5687 Ferry Street & 5660 Spring Street Proposal: 8 storey mixed-use building with 77 residential units and 3 commercial units Applicant: Niagara Midtown Bowling Ltd. (Rocco & Kim Oliverio) Agent: DeFilippis Designs (Nick DeFilippis) Alexa Cooper, Planner 2, will provide an overview of the report PBD-2023-18. PBD-2023-18 - Pdf Presentation - AM-2022-018 7.1 - Comments from Resident 75 - 96 8. REPORTS Page 2 of 1092 8.1. COMM-2023-03 2022 Sleep Cheap Charities Reap COMM-2023-03 - Pdf 8.1 - Comments from Resident 97 - 101 8.2. F-2023-13 Statement of 2022 Remuneration and Expenses for Members of Council and Commissions F-2023-13 Statement of 2022 Remuneration and Expenses for Members of Council and Commissions - Pdf 102 - 106 8.3. MW-2023-08 Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements MW-2023-08 - Pdf 8.3 - Comments from Resident 107 - 116 8.4. PBD-2023-15 (Letters added) Official Plan Amendment No. 147 City initiated amendment to the Official Plan for new Employment Policies PBD-2023-15 - Pdf PBD-2022-61 - City Initiated Amendments to the Official Plan and Zoning By-laws 395 and 79-200 for new Employment Policies - Pdf Letter to City Council dated March 16, 2023 8.4 - Comments from Resident Letter to Mayor and Members of Council - OPA 147 - March 20 2023 117 - 207 8.5. PBD-2023-16 OPA #155 Official Plan Amendment Delegated Authority Applicant: City of Niagara Falls Initiated Amendment 208 - 218 Page 3 of 1092 PBD-2023-16 - Pdf 8.5 - Comments from Resident 8.6. PBD-2023-17 Revitalization Grant Application under the Historic Drummondville CIP DRU-2022-001, 5528 Ferry Street Applicant: La Pue International Inc. (Pawel Fugiel) PBD-2023-17 - Pdf 8.6 - Comments from Resident 219 - 232 8.7. PBD-2023-19 Site Plan Guidelines Update PBD-2023-19 - Pdf 8.7 - Comments from Resident 233 - 368 8.8. R&C-2023-04 Jaida Lee Recognition R&C-2023-04 - Pdf 8.8 - Comments from Resident 369 - 372 8.9. F-2023-11 (Report added) Water/Wastewater Policy Amendments Tiffany Clark, Director of Finance, will provide a presentation. F-2023-11 - Pdf Presentation - Water Policies 3.21.23 8.9 - Comments from Resident 373 - 398 8.10. CLK-2023-03 (Report added) Fee Waiver Applications- March 2023 Submissions - 44th Annual Women's Place Book Riot - Stamford Centre Volunteer Firemen's Association - Respective Park Events (Summer 2023) 399 - 441 Page 4 of 1092 - Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - Niagara Irish Festival - Heart Niagara - Cruising the Q CLK-2023-03 - Fee Waiver Applications - - Pdf 8.10 - Comments from Resident 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. L-2023-06 Permanently Close and Declare Surplus of Lands Unopened Road Allowance, RR63 - Chippawa Creek Road Our File No. 2023-39 L-2023-06 - Pdf 9.1 - 9. 4 - Comments from Resident 442 - 447 9.2. MW-2023-07 Drinking Water System Summary Report and Overview MW-2023-07 - Pdf 448 - 802 9.3. R&C-2023-02 2022 Annual Update from the Public Art Advisory Task Force R&C-2023-02 - Pdf 803 - 807 9.4. R&C-2023-03 2022 Annual Update from the Culture Section R&C-2023-03 - Pdf 808 - 832 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 5 of 1092 The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.6. 10.1. Flag-Raising Request - Children's Mental Health Awareness Week This year, Children's Mental Health Awareness Week will run from May 1 - 7, 2023. Pathstone Mental Health is requesting the City of Niagara Falls to support the celebration of the week and to bring awareness to children's mental health, especially with their post-pandemic struggles, by raising the CMHAW Flag for that week. Recommendation: For the approval of Council. Flag-Raising Request - Children's Mental Health Awareness Week 10.1 - 10.6 - Comments from Resident 833 - 836 10.2. Flag-Raising Request - Niagara Pride Week - Pride Niagara Festival 2023 Pride Niagara requests a flag-raising ceremony on Monday, May 29, 2023 to support and acknowledge Niagara Pride Week and as part of this year's Pride Niagara Festival 2023 and to have the flag flown for the week (Saturday, May 27th - Sunday, June 4th, 2023). Flag-Raising - Niagara Pride Week - Pride Niagara Festival 2023 837 - 838 10.3. Flag-Raising Request - Filipino Independence Day The Filipino Canadian Association of Niagara is requesting the City of Niagara Falls Council to approve a flag-raising ceremony on Thursday, June 8, 2023 or Friday, June 9, 2023 to commemorate Independence Day. Flag-Raising - Filipino Independence Day 839 Page 6 of 1092 10.4. Proclamation Request - Apraxia Awareness Day Attached is a request for Niagara Falls City Council to proclaim Sunday, May 14, 2023 as "Apraxia Awareness Day." Childhood Apraxia of Speech is a very misunderstood and very challenging speech disorder. Proclamation Request - Apraxia Awareness Day Proclamatioin - APRAXIA AWARENESS DAY 2022 840 - 842 10.5. Noise By-law Exemption and Vendor Licence Fee Exemption - Irish Music Festival - August 25, 26, 2023 The Irish Music Festival will be held this summer at Firemen's Park, 2275 Dorchester Road on Friday, August 26th and Saturday, August 26th, 2023. Irish Music Niagara is requesting a noise-by-law exemption to allow the live bands to play until 11:00 PM both nights (25th, 26th). In addition, they are expecting 6-10 food trucks and as such, they are also requesting the waiving of the licensing fees related to such vendors to help them in staging the event. Recommendations: 1. That Council consider granting a Noise By-law Exception until 11:00pm for the playing of music at the Irish Music Festival, taking place at Fireman’s Park on August 25th and 26th, 2023. 2. That any request for fee waivers for business lincensing be referred to the City’s Fee Waiver application process. Noise By-law Exemption and Vendor Licence Fee Exemption Request - Music Festival at Firemen's ParkNiagara Falls 843 - 844 10.6. Noise By-law Exemption - St. George Serbian Orthodox Church St. George Serbian Orthodox Church is planning several events for 2023 and are requesting an exemption to the City's Noise by- law until 12 midnight on the following dates: • Folklore Concert – June 10, 2023 Serbian Day – June 24 & 25, 2023 Kordun Slava – July 29, 2023 Folklore Slava – September 2, 2023 Recommendation: That Council consider granting the Noise By- law Exemptions until 12 midnight for the playing of music at the Serbian Orthodox Church at 6085 Montrose Road. 845 - 846 Page 7 of 1092 Noise By-law Exemption - St George Serbian Orthodox Church 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.5. 11.1. Resolution - Municipality of Trent Lakes - Oath of Office The attached resolution is from the Municipality of Trent Lakes regarding the Oath of Office. 2023-02-27 Oath of Office 847 - 848 11.2. Updates to the Municipal Environmental Assessment The Ministry of the Environment, Conservation and Parks is informing Council that the Municipal Class Environmental Assessment (EA) has been amended as part of the ministry's work on EA modernization. The attached letter has more information. Municipal Class Environmental Assessment Amendments - Stakeholder Notification - March 2023 849 - 850 11.3. Communities in Bloom 2023 The Chair of Communities in Bloom Ontario, is inviting the City of Niagara Falls to participate in the 2023 Ontario Provincial Edition of Communities in Bloom. Details regarding workshop sessions attached for further information. CIB Ontario 2023 invitation letter CIB Workshop Niagara on the Lake 851 - 856 11.4. Niagara Official Plan: Settlement Area Boundary Expansions - Letter of opposition The attached letter was addressed to the Mayor, Members of Council and to the Niagara Region Planning Staff. Opposition Letter Niagara Official Plan Settlement Area Boundary Expansions _ 857 11.5. Correspondence from resident 858 - 878 Page 8 of 1092 11.5 - Comments from Resident 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Appointments to Niagara District Airport Commission The City received 11 applications from Niagara Falls' residents to sit on the Niagara District Airport Commission for the current term of Council. The attached memo and report provides further information. Recommendation: That Council appoint Ann Marie Nitsopolous and John Ventresca to act as Commissioners on the Niagara District Airport Commission for the next four-year term beginning in 2023, ending in 2026. Clerk's Memo - ND Airport Commission Niagara District Airport Commission - Nominations (2023 - 2026 Term) - Report from CEO 12.1 - 12.2 - Comments from Resident 879 - 883 12.2. Petition - Sidewalk Ploughing on Riall Street Attached is a memo, which includes a petition from residents on Riall Street in Niagara Falls, requesting the City to discontinue ploughing the sidewalks in front of their homes. Recommendation: That Council receive the attached petition regarding sidewalk snow ploughing and direct staff to report back on the feasibility of the request. Clerk's Memo - Petition Sidewalk Ploughing 884 - 887 12.3. Niagara Falls Downtown Board of Management - Board composition and request for approval. Attached is communication from the Downtown BIA requesting approval from Council of the composition of the Board. Recommendation: For Council's Consideration. Email from Downtown BIA NFDBIA Board Composition and Request for Approval 888 - 890 13. RATIFICATION OF IN-CAMERA 14. NOTICE OF MOTION/NEW BUSINESS Page 9 of 1092 Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 14.1. Notice of Motion - Victoria Centre BIA - One Way Traffic Issue (letter from Sparks Steakhouse added; petition added; letter from Lisa Burland and Joe Leo added; memo from City Clerk added; additional comments from residents added; Fallsview Casino and Hilton correspondence added) Attached is a resolution from Councillor Lococo in regards to the one way traffic on Centre Street in Niagara Falls. Tim Parker, Victoria Centre BIA, has requested to speak to this motion and has provided a presentation. Jake Maiuir, on behalf of Phil Pasco from Yanks Patio Bar & Grill, will be in attendance. Navin Shahani, Sparks Steakhouse, has requested to speak to Council, to address his concerns with the proposed motion. He has included a letter, of which is attached. Clerk's Memo - Notice of Motion No. 5 - Resolution - Centre Street Centre Street One Way Issue Presentation - Victoria Centre BIA Letter from Clifton Hill BIA - opposition to the lane closure Letter from Ipco Enterprises Inc - opposition to the lane closure Email from Sparks Steakhouse - opposing motion Petition to discontinue one way street Letter from Lisa Burland - opposing Centre Street closure Email from Joe Leo from Fallsview Group - opposing lane closure 891 - 1058 Page 10 of 1092 Presentation - Yank's Bar & Grill Council Meeting - March 21st Additional Comments added - opposing Centre Street closure Additional Comments added - opposing motion Correspondence from Fallsview Casino - Fallsview Blvd. lane Closure_March 2023_FINAL Correspondence from Hilton - Fallview Bvld closure 15. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 023. A by-law to provide for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan. By-law 2023-023, OPA 147 1059 - 1083 2023- 024. A by-law to establish Part 3 on Plan 59R-17440 as a public highway to be known as, and to form part of Biggar Road. By-law 2023-024 - By-Law to Establish Highway - Part 3 59R17440- Biggar Road 1084 2023- 025. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited). By-law 2023-025 - Mar 21 Bylaw - Pitton Road No Stopping 1085 - 1086 2023- 026. A by-law to declare 4621 St. Clair Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. By-law 2023-026 - By-law - Declare Surplus 1087 2023- 027. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law 2023-027 - 2023 MAR 21 By-law Enforcement Officers 1088 - 1089 2023- 028. A by-law to provide for citizen appointments to certain Committees, Boards and Commissions. 1090 - 1091 Page 11 of 1092 By-law 2023-028 - Citizen Appointments By-law 2023- 029. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21st day of March, 2023. By-law 2023-029 - 03 21 23 Confirming By-law 1092 16. ADJOURNMENT Page 12 of 1092 The City of Niagara Falls, Ontario Resolution March 21, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on March 21, 2023, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (b) personal matters about an identifiable individual (c) a proposed or pending acquisition or disposition of land by the municipality (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (i) financial or labour relations information, supplied in confidence to the municipality, which if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the organization. THEREFORE BE IT RESOLVED that on March 21, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 239 (2) (b) to discuss personal matters about identifiable individuals with respect to appointments to various committees, boards or commissions; 239 (2) (c) to discuss a proposed or pending acquisition or disposition of land for any potential surplus City owned properties; 239 (2) (e) to discuss litigation or potential litigation, including two separate matters before the Ontario Land Tribunal that affect the municipality; 239 (2) (f) to receive advice that is subject to solicitor-client privilege regarding a Downtown BIA matter; 239 (2) (i) to discuss financial or labour relations information, supplied in confidence to the municipality, which if disclosed, could reasonably be expected to prejudice significantly the completive position or interfere significantly with the contractual or other negotiations of the organization as it pertains to a collective bargaining update. Page 13 of 1092 AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 14 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-02 Sunday, March 19, 2023 Closed Meeting Transparency These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #2.1. Resolution to go In-Camera. I read that you will be discussing matters concerning the Downtown BIA etc. within a closed meeting, it is recommended that any councilors that may not be permitted to attend portions of the closed meeting be made to sit in the chambers and that the chambers camera is on during this time. When you have open meetings and a councilor needs to leave, it can be seen that that councilor is not present during that portion of the meeting, this is not so for closed meetings. The public should be able to see that councilors that need to leave closed meeting have done so. This would go along way towards showing the public that the rules for closed meetings and conflicts of interest are adhered to and perhaps avoid members of the public making Ombudsman's complaints concerning the mystery of in-camera meeting procedures. Page 15 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 16 of 1092 MINUTES City Council Meeting 4:00 PM - Tuesday, February 28, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, February 28, 2023, at PM, in the Council Chambers, with the following members present: PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson STAFF PRESENT: Jason Burgess, Bill Matson, Andrew Bryce, Erik Nickel, Tiffany Clark, Jo Zambito, Shelley Darlington, Kathy Moldenhauer, Margaret Corbett, Heather Ruzylo 1. CALL TO ORDER The meeting was called to order at 4:11 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of February 7, 2023 Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli That Council approve the minutes of the February 7, 2023 meeting as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to the following: • Items #5.2 and #10.2 - Bill 23 items as Councillor's family owns lands that can be affected. • Item #7.6 - PBD-2023-12 - AM-2022-002 - Zoning By-law Amendment Application - 37770 Montrose Road - as Councillor's residence is within the notifications zone. b) Councillor Wayne Campbell declared a conflict of interest to Item #6.1 - PBD- 2023-10 as he lives in the area. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Barbara Standryk, mother of David Stevens of our Municipal Works Department. Page 1 of 15 Page 17 of 1092 • Norm Puttick, former City and Regional Councillor (41 years as a Niagara Falls alderman (1966-2003) and Regional Councillor (2006- 2010). • Richard Winger, retired District Chief of Station 5 (volunteer with Station 5 for almost 33 years and retired in February 2014 as their District Chief). b) Mayor Diodati discussed the following events: City Council Representatives: Councillor Pietrangelo for attending the Niagara District Firefighters Association Meeting. Rotary Trivia Night [photo shown] •Also attended by Councillor Patel who organized the table for us, Councillor Nieuwesteeg and Councillor Pietrangelo. Candlelight Vigil for 1 year of War against Ukraine [photo shown] •Also attended by Councillor Nieuwesteeg and Councillor Patel. Rich Merlino – 1000th consecutive run for Julianne Miszk [photos shown] •All runs are 5KM + in honour of Julianne Miszk. •This morning, Julianne’s parents, Bernadette and Jo, along with Councillor Strange and Councillor Pietrangelo and of course Rich himself, completed the run together from Betty’s Restaurant down to the falls & Dufferin Islands in memory of Julianne. •Donations of support can be made to help build the Children’s Memorial Walkway at Firemen’s Park. oIf you’d like to donate, get in touch with my office. oCheques currently accepted & online donations accepted soon. Direction to staff: For staff to create a city webpage for residents to make online donations. Grand Opening of the OLG Stage [photos shown] •Featured Billy Joel as opening act. •5,000 seats. •12 years in the making. •Also attended by Councillors Patel, Nieuwesteeg, Lococo, Pietrangelo, Strange, Thomson, Campbell and Baldinelli. c) The next Council meeting is scheduled for Tuesday, March 21, 2023. 5. APPOINTMENTS / PRESENTATIONS 5.2. Councillor Victor Pietrangelo left Chambers at 4:31 PM as he had declared a conflict of interest to Item #5.2. Presentation regarding Bill 23 - More Homes, Built Faster Act Page 2 of 15 Page 18 of 1092 MPP Wayne Gates and local environmental activist, Owen Bjorgan, raised their concerns about the bill's effects on local municipalities as well as its impacts on environmentally significant lands. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange That Council receive the presentation made by Owen Bjorgan and MPP Wayne Gates for information. Carried Unanimously (Councillor Pietrangelo declared a conflict). 5.3. Councillor Victor Pietrangelo returned to Chambers at 5:17 PM. Presentation - MPAC 101 (The Municipal Property Assessment Corporation) - Council Introduction Kailie Pyott, Account Manager for MPAC, provided our new Council with a fulsome explanation of who MPAC is and its role in the assessment and taxation system. Jon Hebden, Municipal & Stakeholders Relations, Regional Manager, was also in attendance to field questions if necessary. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg That Council receive the presentation by Kailie Pyott, Account Manager for MPAC, for information. Carried Unanimously 5.4. Concerns from Resident Resident Brian Medigee notified Clerk's staff, day of Council, that he was not able to make his presentation, due to illness. As the time was 5:30 PM, the Chair moved to Item #6.1 - the Planning Public meeting. 6. PLANNING MATTERS 6.1. PBD-2023-10 Sign By-law Amendment Application: 5034 Victoria Avenue The Public meeting commenced at 5:30 PM. Peggy Boyle, Assistant Planner, gave an overview of the background report PBD-2023-10, Sign By-law Amendment Application, 5034 Victoria Avenue. Councillor Wayne Campbell declared a conflict of interest to this application, as he lives in the area and left Chambers at 5:50 PM. Wendy Sturgeon, local resident, living in the Jepson, Victoria neighbourhood at 4699 Jepson Street, opposed the application, citing issues surrounding the lack of information pertaining to the content of the billboard. Also cited possible health concerns due to the sign's brightness and movement of ads. Page 3 of 15 Page 19 of 1092 Emilio Raimondo, spoke in support of the application and spoke on behalf of the owner of the property, Domenic Sinicropi. Emilio addressed the concerns raised by resident Wendy Sturgeon. Emilio requested a change in the hours of 11:00 PM - 7:00 AM to 1:00 AM - 6:00 AM. Staff addressed the reason why the 11:00 PM - 7 :00 AM was established. He also explained that the sign would be dimmed at all hours of the day. The Public meeting was closed at 6:03 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. That Council approve the Sign By-law amendment application to permit a 100% electronic billboard sign on an existing property containing a parking lot at 5034 Victoria Avenue. 2. That the sign be fully extinguished between the hours of 11 pm and 7 am so as to not impact the nearby residential uses. 3. That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause distraction to drivers along Victoria Avenue and lessen the visual impact on the heritage buildings. Carried (Councillor Campbell declared a conflict and Councillors Baldinelli, Lococo and Patel were opposed). 5.1. The Chair went back to address Item #5.1 of the agenda. Appointments to Various Boards, Committees and Commissions Council Members were provided with ballots for the selection of citizen appointments to various Committees, etc., for the current term. They made their selections and upon completion, Clerks staff tallied the votes and the results were read aloud later in agenda, after which Council may approve their appointments. Councillor Victor Pietrangelo left Chambers at 4:31 PM as he had declared a conflict of interest to Item #5.2. Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo That Council direct staff to add 2 members to the Park in the City Committee and the Recreation Committee to allow 14 members on each. Carried Unanimously Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo That Council direct staff to bring a report back to include that individuals can not apply on any more than two (2) committees effective for the next term; Page 4 of 15 Page 20 of 1092 furthermore, to include additional demographic information to the application; furthermore, to include an interview process with the Chair of the Committee, plus a former member of the committee and a staff member; and furthermore, that the report include a recruiting process to fill any vacancies. Carried Unanimously 5.5. Water/Wastewater Budget - Presentation Tiffany Clark, Director of Finance, presented the 2023 Water/Wastewater Budget to Council. Direction to Staff: Staff to report back with more details on the condition of regional water and wastewater infrastructure in reference to a January 2023 newspaper article where Regional officials stated that seventy percent of regional water and wastewater infrastructure is in poor condition. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council approve the 2023 Water & Wastewater Budgets and associated rates, to take effect April 2023, as presented. Carried Unanimously 7. REPORTS 7.1. CLK-2023-02 Fee Waiver Application - 44th Annual Women's Place Book Riot Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel 1) That Council adopt a new process to approve Fee Waiver Requests as outlined in this report. 2) That Council defer the approval of a preliminary Fee Waiver Application until March 21st, 2023 for: • The 44th Annual Women's Place Book Riot in the amount of $6,954.64 for the waiving of the costs associated with the facility rental at the Gale Centre. Carried Unanimously 7.2. COMM-2023-02 2023-2027 Strategic Plan Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. Council adopt the three preliminary 2023-2027 Strategic Plan Pillars of Sustainability (Financial, Social, and Environmental), Customer Service Page 5 of 15 Page 21 of 1092 2.0, and Economic Diversity and Growth, that will form the basis of the Strategic Plan. 2. Council direct staff to initiate a Strategic Plan planning session for Council and staff, as well as public consultation. Carried Unanimously 7.3. FIR-2023-01 Fire Apparatus Acquisitions Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel 1. That Council authorize single source procurement for purchase of a demonstrator Pumper apparatus to replace our current Pumper 5 as per ou r apparatus replacement schedule. This single source is being requested under Section 18(iv) of the Procurement By-Law (By-Law No.2021-04) 2. That Council authorize single source procurement for purchase of a demonstrator multi-use vehicle. This apparatus will be utilized for transporting necessary water rescue equipment (Emergency Response Vehicle), rope rescue equipment and trench rescue equipment. This single source is being requested under Section 18(x) of the Procurement By -Law (By-Law No.2021- 04) Carried Unanimously 7.4. MW-2023-03 Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell 1. That Council accept the recommendations of the Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan; and further, 2. That Staff be directed to refer the phased development of the NS&T Trail to future annual capital budgets for consideration; and further, 3. That applicable elements of the NS&T Trail Feasibility Master Plan be incorporated into related and adjacent Regional and City whenever possible, regardless of the proposed phase. 4. That Council direct staff to include the option of using stone/gravel to help expedite the creation of these trails and that it be considered over ashphalt. Carried Unanimously 7.5. MW-2023-05 Fallsview Boulevard Reconstruction Phase 2 Contract Award 2023-585-23 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 6 of 15 Page 22 of 1092 1. That council award the 2023-585-23 Fallsview Boulevard Reconstruction Phase 2 - Surface Works (Murray Street to Ferry Street) to the lowest compliant bidder, Walker Construction Limited in the amount of $1,409,500.00 + HST. 2. That council approve a 2023 capital budget amendment for this project (Fallsview - Ferry to Murray MS19) with the additional amount of $400,000.00 to be funded by Development Charges to the extent possible with the remaining funded by Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. Carried Unanimously 7.6. PBD-2023-12 AM-2022-002 Zoning By-law Amendment Application 3770 Montrose Road Applicant: Cassone Dwellings (BT) Inc. Agent: Bousfields Inc (Evan Sugden) Lifting of Holding (H) Symbol Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council pass a by-law to remove the holding (H) symbol and related regulations from 3770 Montrose Road, which is currently zoned Residential Low Density, Group Multiple Dwelling Zone (R4-1187), to permit the re- development of the property for residential purposes. Carried Unanimously (Councillor Pietrangelo declared a conflict). 7.7. PBD-2023-13 26T-2022-002 Draft Plan of Subdivision & 26CD-11-2022-007 Exemption from Common Elements Condominium 2700 Mewburn Road Applicant: 11517945 Canada Inc. (Ahmed Abbas) Agent: NPG Planning Solutions (Aaron Butler) Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; Page 7 of 15 Page 23 of 1092 4. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor; 5. That Council passes a by-law to exempt the condominium description from approvals required under Section 51 and Section 51.1 of the Planning Act for the subject lands, pursuant to Section 9(3)(b) and 9(7) of the Condominium Act; and, 6. That the Certificate of Exemption, required to be issued by the City under Section 9(3)(b) and 9(7) of the Condominium Act, be conditional on final approval at the subdivision plan submission to the City and of the final condominium plan for compliance review with the registered site plan and subdivision agreement prior to registration. Carried Unanimously 7.8. PBD-2023-14 Municipal Housing Target and Municipal Housing Pledge Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange It is recommended that: 1. Council endorse the Municipal Housing Pledge which commits the City to the Provincially assigned Municipal Housing Target of 8,000 new housing units constructed by 2031. 2. Council direct the General Manager of Planning, Building and Development to forward the signed Municipal Housing Pledge to the Minister of Municipal Affairs and Housing, the Ontario Minister of Infrastructure, the Federal Minister of Intergovernmental Affairs, Infrastructure and Communities, the Regional Municipality of Niagara and the Cities of St. Catharines and Thorold, to meet the March 22, 2023 deadline. 3. Council's endorsement be conditional on receipt of sufficient funding for the new South Niagara Falls Wastewater Treatment Plant. 4. Council direct Staff to report back with some differe nt options to allow for the addition of trees to development plans (ie., requiring two (2) trees to be planted in every new build, one on the boulevard and one on the property or some designated off-site location. Carried (Councillor Lococo was opposed). 8. CONSENT AGENDA 8.1. L-2023-05 Declare Surplus of Lands 4621 St. Clair Avenue Our File No. 2022-161 Councillor Lori Lococo made the request to extend the notification further so that other residents/businesses are aware. Page 8 of 15 Page 24 of 1092 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel 1. In the event that Council determines that it is in the public interest to do so, that 4621 St. Clair Avenue hereinafter referred to as the "Subject Lands", as shown in yellow on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1 and 2. Carried Unanimously 8.2. MW-2023-04 Bell Canada Fibre Internet Expansion in the City of Niagara Falls Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel 1. That Council support Bell Canada's plan to expand their fibre network throughout the city. 2. That Council delegate authority to the General Manager of Municipal Works to execute the Service Level Agreement between Bell Canada and the City of Niagara Falls, provided it is acceptable to the City Solicitor. Carried Unanimously 8.3. MW-2023-06 Assumption of Various Subdivisions Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel That City Council formally assume Warren Woods Phase 4 Stage 2; Plan 59M- 441 and Oldfield Estates Phase 3; 59M-425. Carried Unanimously 8.4. PBD-2023-11 Development and Housing Monitoring Report: 2022 Year in Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel That Council receive the Development and Housing Monitoring Report that reviews the status of development and growth management activity in the City for the year 2022. Carried Unanimously Page 9 of 15 Page 25 of 1092 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Flag-Raising Request - 13th Annual Italian Heritage Month The National Congress Italia Canada, Niagara Peninsula District, is requesting Council to approve a flag-raising ceremony on Friday, June 9, 2023 to celebrate the 13th year of Italian Heritage Month. Moved by Councillor Wayne Thomson Seconded by Councillor Ruth-Ann Nieuwesteeg That Council approve a flag-raising ceremony on Friday, June 9, 2023 to celebrate the 13th year of Italian Heritage Month. Carried Unanimously 9.2. Proclamation Request - Crohn's and Colitis Canada Crohn's and Colitis Canada is requesting the City of Niagara Falls to proclaim the month of November 2023 as "Crohn's and Colitis Awareness Month." Inflammatory bowel disease (IBD) describes a group of conditions, the two main forms of which are Crohn's disease and ulcerative colitis. IBD also includes indeterminate colitis. Moved by Councillor Wayne Thomson Seconded by Councillor Ruth-Ann Nieuwesteeg That Council approve the request for the City of Niagara Falls to proclaim the month of November 2023 as "Chrohn's and Colitis Awareness Month." Carried Unanimously 9.3. Proclamation Request - Knights of Columbus Week The attached letter is a request for the City of Niagara Falls' Council to proclaim April 23 through April 30, 2023, as "Knights of Columbus Week" in Niagara Falls. Moved by Councillor Wayne Thomson Seconded by Councillor Ruth-Ann Nieuwesteeg That Council proclaim April 23 through April 30, 2023 as “Knights of Columbus Week” in Niagara Falls. Carried Unanimously 9.4. Proclamation Request - Save Soil Movement Puja Patel, of "A Voice to Save Soil from Canada," is requesting Niagara Falls' Council to proclaim March 21, 2023 as "Save Soil Day" in the City of Niagara Falls. Moved by Councillor Wayne Thomson Seconded by Councillor Ruth-Ann Nieuwesteeg That Council approve the request to proclaim March 21, 2023 as "Save Soil Day" in the City of Niagara Falls. Carried Unanimously Page 10 of 15 Page 26 of 1092 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. The Downtown Niagara Falls Business Improvement Association - Removal of Chairman Attached is a letter from the Board of Management for Downtown Niagara Falls notifying Council of a motion passed to remove Phil Ritchie as Chairman of the Downtown Niagara Falls Business Improvement Association. 10.2. Letter to the Premier from the Town of Niagara-on-the-lake regarding Bill 23 Attached is a letter from the Municipality of the Town of Niagara-on-the-Lake dated February 10, 2023, regarding Bill 23. 10.3. Resolution and Letter from the Municipality of Shuniah opposing Bill 3 Attached is a letter from the Municipality of Shuniah dated February 10, 2023 re: Municipal Petition in Opposition To Bill 3 Resolution 45-23 from the Municipality of Shuniah re: Bill 3 10.4. Resolution - Niagara Region - Declarations of Emergency for Homelessness, Mental Health and Opiod Addiction Please be guided by the attached resolution from the Niagara Region respecting Declarations of Emergency for Homelessness, Mental Health and Opiod Addiction. 10.5. Correspondence from the Niagara Region Please be guided by the attached report - Niagara Region Climate Change Projections. 10.6. Resolution - Town of Grimsby - Changes to the Municipal Heritage Register Please be guided by the attached resolution from the Town of Grimsby regarding Changes to the Municipal Heritage Register. 10.7. Comments from Resident Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson That Council receive and file Items #10.1 through to and including #10.7. Carried Unanimously (Councillor Pietrangelo declared a conflict to Item #10.2). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Appointments to Various Boards, Committees and Commissions Results of the citizen appointments to the various committees will be read aloud by the City Clerk, Bill Matson. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council appoint an additional one person to the Park in the City Committee increasing the membership to 15 at this time, Page 11 of 15 Page 27 of 1092 THAT Council appoint an additional one member to the Property Standards/Dog Muzzle Committee to 6 at this time, AND THAT Council appoint 12 members to the Accessibility Committee at this time. Carried Unanimously 11.2. Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter Attached is the 2023 Budget and Levy Letter from the Niagara Falls Downtown Board of Management. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo THAT Council defer the Downtown Board of Management's 2023 Budget and Levy, THAT Council waive the procedural by-law, AND THAT Council provide the delegated authority to the CAO, Treasurer and Staff to grant a loan of approximately $100,000.00 until such time as the budget can be approved and the levy is determined. Carried (Councillor Lococo opposed). 11.3. Victoria Centre BIA - 2023 Budget Attached is the approved 2023 budget for the VCBIA as approved at its Board Meeting of February 9, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council approve the Victoria Centre BIA's 2023 Budget as received. Carried Unanimously 11.4. Ontario Ombudsman - Letter to Council - Best practices regarding Code of Conduct Attached is a letter from the Office of the Ombudsman of Ontario outlining the Ombudsman's best practices regarding Codes of Conduct. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT the comments from the Ombudsman's Office be referred to Staff to come back with amendments to the Code of Conduct for Council's consideration. Carried Unanimously 11.5. Resolution - Town of Grimsby - Barriers for Women in Politics Please be guided by the attached correspondence regarding a resolution from the Town of Grimsby pertaining to Barriers for Women in Politics. Page 12 of 15 Page 28 of 1092 Recommendation: For Council's Consideration. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council endorse the Town of Grimsby's resolution pertaining to Barriers for Women in Politics. Carried Unanimously 12. NOTICE OF MOTION/NEW BUSINESS 12.1. NOTICE OF MOTION - Victoria Centre BIA - One Way Traffic Issue Attached is a request for a Motion of Notice from Councillor Lococo in regards to the one way traffic on Centre Street a) CYTEC Direction to Staff: Councillor Lococo has requested a report back to Council on what can be built within the CYTEC arc from the processing facility, including the size, its requirements and whether it is a recommendation or a strict requirement. b) Ontario Land Tribunal Direction to Staff: Staff to provide an update as to the current status. 13. RESOLUTIONS 13.1. Resolution No. 4 - Safe Restart Agreement (SRA) Phase 4 Resolution That the Council of the City of Niagara Falls supports requesting additional financial assistance under Phase 4 of the Safe Restart Agreement stream to address COVID-19 municipal transit pressures for Phase 4, incurred from February 1, 2022 to December 31, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That the Council of the City of Niagara Falls supports requesting additional financial assistance under Phase 4 of the Safe Restart Agreement stream to address COVID-19 municipal transit pressures for Phase 4, incurred from February 1, 2022 to December 31, 2022. Carried Unanimously 14. BY-LAWS 2023- 012. A by-law to amend By-law No. 79-200, to permit the use of the lands for a detached dwelling (AM-2022-022). 2023- 013. A by-law to amend By-law No. 2022-088, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands municipally known as 3770 Montrose Road to allow for the development of 26 semi -detached dwelling units, 109 townhouse dwelling units, and 140 apartment (stacked townhouse) dwelling units (AM-2022-002). Page 13 of 15 Page 29 of 1092 2023- 014. A by-law to exempt the property municipally known as 2700 Mewburn Road from the requirements for approval of condominium descriptions under Sections 51 and 51.1 of the Planning Act. 2023- 015. A by-law to declare Part PIN 64326-0135 (LT), Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson Street, E of Broughton Street and W of Hickson Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2023- 016. A by-law to permanently close part of a highway. 2023- 017. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Loading Zones, Parking Prohibited, Metered Parking Queen Street BIA). 2023- 018. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones, Stopping Prohibited, Standing Prohibited, Loading Zones). 2023- 019. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Pedestrian Crossovers, Stopping Prohibited). 2023- 020. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Administrative Monetary Penalties). 2023- 021. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones, Metered Parking Queen St. BIA, Metered Parking Main Street BIA, Metered Parking Chippawa). 2023- 022. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of February, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 15. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Wayne Thomson That Council adjourn the meeting at 9:13 PM. Carried Unanimously Mayor Page 14 of 15 Page 30 of 1092 City Clerk Page 15 of 15 Page 31 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-07 Sunday, March 19, 2023 Resident Brian Medigee Concerns Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #6.1 . Resident Brian Medigee Concerns. This was schedule for the 02 28 2023 council meeting RE 5.4 Concerns from Resident but deferred, so I will just forward comments from then. Brian, The last resident presenter was up there a long time, your most likely not going to get that same opportunity. Although this time around there is another presentation on this agenda so that should give you some leeway Watch the Mayor, he has his tells, when he starts to get fidgety and forceful with his voice you know your time is up. It will be interesting to see if he brings up the time limit now that it has been recorded in comments if he will bring up the time limit, perhaps the clerk will mention it and rob us of the honor of the Mayor saying it. I would recommend you read out all your concerns and then stand ready for questions from the councilors. The Mayor normally asks staff to address a concern or two, he can't really leave you hanging in silence without some sort of response from a staffer, that would be quite dismissive. I suspect, considering your topics being general in nature, any replies from you after this occurs will not be as rewarding as you would expect. Good luck my friend, good to see residents standing up and letting us all understand the different perspectives we live in. Page 32 of 1092 You'll forever be on YouTube, that is until society disintegrates. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 33 of 1092 1 Heather Ruzylo Subject:-Delegation / Appointment to Council Request From: David JR < Sent: Tuesday, March 14, 2023 11:10 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Re: FW: [EXTERNAL]-Delegation / Appointment to Council Request Good morning Bill Thanks for the email. I would still like to address Council so please put me on the agenda for the meeting on March 21. Can you let me know when the agenda will be available on the website? Thanks David Rupay On Tue, Mar 14, 2023 at 10:21 AM Bill Matson <billmatson@niagarafalls.ca> wrote: Mr. Rupay, Please see some answers to your speaking points below in red. As you can see, there will be a public meeting on this matter at a later date. You are still welcome to present at the March 21st Council meeting but it appears many of the questions may be premature at this time. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Andrew Bryce <abryce@niagarafalls.ca> Sent: Monday, March 13, 2023 5:04 PM To: Clerk <clerk@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Alexa Cooper <acooper@niagarafalls.ca> Subject: RE: [EXTERNAL]-Delegation / Appointment to Council Request Hi Bill I had a couple of comments below in red. It would be up to the Province on whether they extend their public notification period. Page 34 of 1092 2 From: Clerk <clerk@niagarafalls.ca> Sent: Monday, March 13, 2023 3:07 PM To: Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: [EXTERNAL]-Delegation / Appointment to Council Request As discussed at Council Review, Mr. David Rupay has requested to speak at the March 21 st Council meeting regarding the Walker Quarry expansion. More information below. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Delegation / Appointment Request <donotreply@niagarafalls.ca> Sent: Monday, March 13, 2023 9:33 AM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Delegation / Appointment to Council Request Good News! You just got a new response to 'Delegations or Appointment to Council'! Do you agree to the conditions? Yes Contact Information Name David Rupay Address Telephone Name, Address and Telephone Number of the person or organization the requester represents (if applicable) Email Address djrniagarafalls@gmail.com Detailed brief of the topic to be discussed and the request/direction the presenter is seeking from Council. Walker Aggregates has submitted Official Plan amendments and a Zoning By-law amendment to the City and Region to facilitate the establishment of a proposed quarry on land between Beechwood and Thorold Townline Road. The city has been working with the Joint Advisory Review Team (JART) to review the application and reference reports. Concurrently, Walker has initiated the application process under the Aggregates Resources Act (ARA) to obtain permission from the Ministry of Natural Resources and Forestry. Walker has advised that any comments/questions on its application under the ARA be submitted in writing by April 3, 2023. A few issues for Council consideration. Page 35 of 1092 3 The community is concerned about the April 3rd deadline due to: a. An overall lack of transparency and understanding by the community related to the process to be followed (City Council, Region, ARA, JART, etc.). b. The Covid pandemic has limited the ability for social interaction. c. Significant numbers of community residents are temporarily living in warmer climates which limits the extent of engagement. d. The seasonal nature of some of the local businesses means they are unavailable as well. The community would like the following Council action: 1. Council to support the deferral of the requirement to submit comments and questions by April 3 to ARA by 3 months. Refer to a petition which will be submitted to the City Clerk by March 17th. This deadline is not set by the City, it is set by the Province, we do not have control over it. 2. Council to make available to the community the JART report and Peer Review findings. A JART report has not been prepared at this time. We are awaiting a revised submission of the application, preparation will commence once a revised submission has been made and reviewed. The JART report and peer review findings will be made public before a public meeting of Council. 3. Council to advise the community, via simplified methods, of the sequence of events and timing (i.e., flowchart, step by step, etc.) in regards to the Official Plan and Zoning By-law amendments including the timing of the next Public Open House. I won’t have timing of a public meeting until we have gotten a second submission. Note that notice will be provided well in advance of a public meeting (30 days) Delegation or Appointment? Appointment (7 day advance notice) What date are you requesting to attend the City Council Meeting? 03/21/2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 36 of 1092 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: March 21, 2023 Re: Petition – Development of Uppers Quarry. In October of 2021 Council passed amendments to its Procedural By-law with respect to implementing procedures around receiving petitions from the Public. A portion of those procedures are listed below as they pertain to this recent petition that has been submitted. Amendment to Council’s Procedural By-law: A petition must contain the following: a. The date of when the petition commenced; March 2023 b. The name and local civic address, telephone number or email address of the organizer who started the petition for contact purposes; David Rupay, 9189 Tapestry Court, djrniagrafalls@gmail.com c. The name and address of each person who signed or electronically submitted their name to the petition, and; d. A clear, legible statement, which communicates the purpose of the petition. All petitions MUST be related to matters within the direct jurisdiction of the City. The deferral being asked for is not set by the City, it is set by the Province and staff do not have control over it. All information on the petition, including names, addresses and telephone numbers shall become part of the public record of the meeting at which it is received. Unless otherwise directed by Council by way of a motion, petitions pertaining to a matter on the agenda, will be received and filed for information. RECOMMENDATION: That Council receive and file the attached petition. Attach. Petition Page 37 of 1092 9189 Tapestry Court Niagara Falls Ontario L2H 0E1 Clerk's Of?ce City of Niagara Falls 4310 QueenStreet,Box 1023 Niagara Falls,ON,L2E 6X5 March 17,2023 Re:Petition from Fernwood Residents to Niagara Falls City Council ATTN:Mr.Bill Matson: Dear Sir, Walker Aggregates Inc.has submitted Of?cial Plan and Zoning By-law amendments to the City and Region to facilitate the establishment of a proposed quarry on land between Beechwood and Thorold Townline Roads.Concurrently,it has initiated the application process under the Aggregates Resources Act (ARA)to obtain permission from the Ministry of Natural Resources and Forestry (MNRF).The company has advised,through its consultant,that any comments or questions pertaining to its ARA application,are to be submitted in writing by April 3,2023. I am attaching a petition signed by 252 residents living in Fernwood Estates as well as two local businesses,to obtain your support for our request to the MNRF to extend its April 3 deadline to July 3,2023.The signatories are requesting more time to better assess the impact that the rezoning and quarry license requests will have on their neighbourhood. Please note that canvasing for signatures took place in March which included the school break.It is notable that over 90%of individuals who were approached to sign the petition,did so. The following results were tabulated on March 16,2023. Number of signatures received 254 Number of homeowners not available 159 Number of people who declined 021 Since circumstances of the past few years have been an impedimentto community activity and welfare,we would appreciate your assistance in providing furtherance to our request. David Rupay,PEn ’BASc.,MASC,MBAEncl.Page 38 of 1092 PETHTION REQUEST We,the undersigned,residents of Fernwood Development,ask that the City of Niagara Falls Mayor &Members of the Council obtain a at least 3 months from the Ministry and Applicant for the eve opment of Uppers Quarry.' Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council: _ /Q 0'70 .9‘?3 TOTAL NUMBER OF PAGES:.5”’ 4/a‘am1'2«»‘ix V <0~J.<7:z<.eZ<:'A:_-'2 £45446 //‘£452/QIL/6Pag°L°f£”'Street Name: Signa ure ?y//7 ‘W ...........II:...................... 115 Q,.~ ‘;..‘I 4};.-/0-.9-£25myePage 39 of 1092 PETIITION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a W at least 3 months from the Ministry and Applicant for the deve opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,financially &healthwise. Date submitted to Mayor and Council:7'7L4uz/U71/é o?0 (3 3 TOTAL NUMBER OF PAGES:/ (‘lawL /’,C.«'41 go-o'[.‘C1°?iJi‘a.°Q _ . Street Name:[/1 7/0 //Xézg /D65 jg”/E Pageiofi Civic Number Name (print)Page 40 of 1092 PETHTION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a f at least 3 months from the Ministry and Applicant for the eve opment of Uppers Quarry.~ Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council: ,4 ~77’L,cZL_,g_,c6-,33:9 Q5 TOTAL NUMBER OF PAGES: REASON M‘A I 2 ‘ :30 as ////A Z "<, 10,’ A ’7-/:7.’I20 I, /5 ‘C/ __lPage 41 of 1092 PETIITION REQUEST REASON Date submitted to Mayor and Council: H We,the undersigned,residents of Fernwood Development,ask that the City of Niagara Falls Mayor &Members of the Council obtain a 'at least 3 months from the Ministry and Applicant for the e opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,financially &healthwise. TOTAL NUMBER OF PAGES:Page 42 of 1092 PETIITION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a f at least 3 months from the Ministry and Applicant for the eve opment of Uppers Quarry. REASON Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council:/5 '120.913 TOTAL NUMBER OF PAGES:I J Page ?f Page 43 of 1092 PETIITION REQUEST We,the undersigned,residents of Fernwood Development,ask that the City of Niaga "Ea Mayor &Members of the Council obtain a ‘'‘~of at lea t 3 m nths from the Ministry and Applicant for the ‘tin of ppe Quarry. Covid restrictions,incomplete information,the absence of ‘homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our eollectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council:'1 )x,.m/$4 /?0 $1 3 TOTAL NUMBER 013‘PAGES:9 Street Name:.Page 44 of 1092 PETIITION We,the undersigned,residents of Fernwood Development,ask that . REQUEST the City of Niaggr;{allsMayor&Members of the Council obtain aa V _ of at le st 3“,’onths from the Ministry and Applicant for the ment of '-pp Quarry.u REASON Covid restrictions,incomplete information,the absenceof homeowners,the seasonal nature of businesses and various agricultural entities have imposedlimitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council:/ y 570 Q 3 OTALNUMBER OF PAGES;C’ l g . gStreet Name:\,h_,r_}_m9%S (+07 Page __Z_Of:!_Page 45 of 1092 -REQUEST VW‘e,the undersigned,residentsofFernwoodDevelopment,ask that the Ci 0 'a or &Members of the Council obtains} ‘the Ministry andApplicant for the e opment of Uppers Quarry."' ' PETIITION REASON Covid lrestrictions,.in_eoinpleteinformation,theabsence of . homeowners,tl1eseasonalna_tui‘e,of businessesand various’ agricultural entities have limitations on ourcollectivitysuch thatwe canstudy the potential effect on our community,the nature of our Agricultural environmentand the potential or futurerisks that are involved,financially&healthwise.’i M Date submitted toMayor and Conn?‘.f\‘/3'0 [77__i TOTAL NUMBER 014*PAGES;T - ’ .__ Street Name:f/EA/D $i:;gv(,7v;l4'-6PageLof rzmpooé V A. civic Number Name<nrint>we Page 46 of 1092 PETIITION REQUEST We,the undersign -—c ;residents of Fernwood Development,ask that the City of Niaga t M :Mayor Members of the Council obtain a f at lea .t 3 m 2 vsths from the Ministry and Applicant for the Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. ...................... «~——--——a M **20%£1 ;Page 47 of 1092 ._...., PETIIT[()N We,the unders':,\‘idents of Fernwood Development,ask that REQUEST the City of Nia ara Fa ~Mayor &Members of the Council obtain a ‘at ast 3 mo A:ths from the Ministry and Applicant for the eve opment 0 Uppe r.Quarry. REASON Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of i our Agricultural environment and the potential or future risks that q are involved,?nancially &healthwise._‘§Date submitted to Mayor and Council:_2715!1 .»n I :i }' _i _ '/TGTAL NUIVIBEROF PAGES: Street Name:-Hiw D919 km»!9'g I Page __L_0f____'|_V_§Page 48 of 1092 PETIITION We,the undersigned,residents of Fernwood Development,ask that REQUEST ' - 'v of Niagara Falls Mayor &Members of the Council obtain a :..at least 3 months from the Ministry and Applicant for the c eve opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that We can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council::)I TOTAL NUMBER OF PAGES: lStreet Name: Civic Number 2 V In c’’%,/1’ , —ao6“air I ‘m Page 49 of 1092 PETHTION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a ..v at least 3 months from the Ministry and Applicant for the ' 2 eve opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,financially &healthwise. 7 '/L\/Zé'2./0 »7 ~4<w”2Zw~~&~Page 50 of 1092 ‘PETIITION REQUEST .Date submittedtoMayor~a‘nd‘Cou1_1ci1: i V'_I‘_0TALNUMBEROFPAGES:" We,theundersigned,residents of Fernwood Development,ask that the ity of Niagara Falls Mayor &Members of the Council obtaina at least 3 months from the Ministry and Applicant forvthe pment of Uppers Quarry.- A Covidrestrictions,incompleteinformation,the absence of homeowners,the seasonalnatureof businesses and various agricultural entities have imposed limitations on our eoliectivity such that we canstudy the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are"involved,?nancially &healthwise.Page 51 of 1092 J REASON PETIITIONWe,theundersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara FallsMayor &Members of the Council obtain a W at least 3 months from the Ministry and Applicant for the eve opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,financially &healthwise. DatosuhmittedltoMayorandCouncil?44 Q J»0 65 $3» TOTALNUMBER OFPAGES:’/ w —nW Page 52 of 1092 PETIITION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &.Members of the Council obtain a W at least 3 months from the Ministry and Applicant for the eve opment of Uppers Quarry. REASON Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of _our Agricultural environment and the potential or future risks that are involved,financially &healthwisc. Date submitted to Mayor and Council; TOTAL NUMBER OF PAGES: V S '’,g gr’ I ‘%I Q //C/:5~’1EIV E,£'M".g,l},:!;L4?I /1 /1 ’K.9355o Page 53 of 1092 PETIITION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain aPfatleast3monthsfromtheMinistryandApplicantforthe evelopment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that We can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise.Page 54 of 1092 PETIITION We,theundersigned,residents of Fernwood Development,ask that o REQUESTthe NingaraI?z_1llsV_1\’l::1_3_(or—&Members oftheCouncil obtain a of aitileastjf the Ministryan¢;é$p_51lieant;»«§¢J)£the development of Uppers Quarry.‘’ A 'A"l ‘’" REASON Covid‘restriction's,incomplete‘information,the absenceof homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivitysuch . that we can study the potential effect on oureommunity,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. h ca,nea¢=//1’/»¢,ywm?Date submitted to Mayor and Couneilz TOTAL NUMBER OF PAGES: ....................................................................................................... ‘C-"Iv!‘g:._"£!‘€l£a~k|‘ q\C3oW«Rnu Page 55 of 1092 We,—the.undersigned%,yesAidentsofFernwootlADe_y'Aelopment,ask that, REQUESTthe ol‘Nigigra FallsMayor &Membersof thevCouuci_lobtaina ‘ ____ theMinistry’%!nt!;~€sI!i1!ic..:1Iztmrthei .ént'ofUPBerSQlla'ri'.Y.. ‘""’ ‘ Covid restrictions,incompleteinformation,theaibsenceof_j __ V homeowners,the seasonalnature‘of businessesand various V agricultural entitieshaveimposed limitations on oureollectivitysuch»‘- thatwccan study‘the potential effectonourcommunity,theonatureof our Agricultural environmentand the potential orfuture risks that i are involved,>f'manci:illy&liealthwise.' ])ate's'ub:mitte_d"t0Mayorand'CV‘Vo'unci1:A TOTALNUMBEROFPAGES;1 _/- ‘SflfeetName:’/_ _‘ ‘A.....................................o §CivicNumber Name (print). ' H ...........a-...ns.~.......;.......-. ».'§7"/£04 ¢urww ‘_Page 56 of 1092 PETIITION»We,the undersigned,residents of FemvfoodDevelopment,_askthat REQUEST the City of NiagaraFalls Mayor &Members of the Councilobtaina Eat-§Ieast_-37l.l_‘l_._(li_l?i§_,:;flf0nltheMinistry and the .development"ofUppe’rs Covidrestrictions,incompleteinformation,the absence of 'homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our eolleetivity such that we can study the potential effect on ourcommunity,the nature of our Agricultural environmentand the potential or future risksthat are involved,Vfimineially'&healthwise.‘‘‘ REASON ‘Street Name: Civic Number ...................................mm /%s Page 57 of 1092 We,the undersigned,residents of Fernwood Development,ask that the City of Niagara Falls Mayor &Members of the Council obtain a" u --2 c at least 3 months from the Ministry and Applicant for the neve opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,financially &healthwise. Date submitted to Mayor and Council: TOTAL NUMBER OF PAGES: ,,,,,,,,,,,,,,,,,,,,,,, _, ,,,,,,,,,,,IZHEEQ am Page 58 of 1092 PET?T1()N We,the undersigned,‘residentsof Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a ‘ ‘f at least 3 months from the Ministry and Applicant for the i e opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivitysuch that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise.' Date submittedto Mayor and Council:/ I .3 0 3 3 TOTAL NUMBER OF PAGES: {Street Name:5?’\M):S‘6')0 C E «:17C E 107 Page _l_#2:. g..........5......................... i .................................................... H“//¢.cas /.?Mmew/2; M )/M I 2'Page 59 of 1092 ‘PETIITION We,the undersigned,residentsof Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a wot‘at least 3 months from the Ministry and Applicantfor the opment of Uppers Quarry. REASON Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of ‘our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise.‘L. I Date submitted to Mayor and Council:‘ o / TGTAL NUMBER or PAGES:/ %Street Name:?’l «/3D l 5 010 C6453 C CWU7 Page 0f;E I....................................‘ Civic Number Name (print)Signa A3 Page 60 of 1092 We,the undersigned,residents of Fernwood Development,askthat the City of Niagara Falls Mayor &Members of the Council obtain :1 --''*of at least 3 months from the Ministry and Applicant for the -a u n ent of Upyers Quarry. PETIITION e REQUEST Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our eollectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?naneialiy &healthwise. Date submitted to Mayor and Council:/4?0 5!3, ’?i‘0TAL NUMBER 01+"PAGES:If at ’ L._. \]\¢1,,~@-IV}bombs «-Pwwnzéi '§ES‘£y'eetName:‘SL922 [?ow w.6—a—;i\g4g.£éT,..................................._. Civic Number Name (print)‘ '"'“""”'T’ .....__.__..?Page 61 of 1092 1 We,the undersigned,residents of Fernwood Development,ask that ‘the City of Niagara Falls Mayor &Members of the Council obtain a defer of at least 3 months from the Ministry and Applicant for the entof Uppers Quarry.. PETIITION REQUEST i Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such Vthatwecanstudythepotentialeffectonourcommunity,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council:V)/J 3 TOTAL NUMBER OF PAGES:5 ‘ I \’\’~c-/1yVg~(‘/f "pl.-is/’\’§~.£’ %StreetName:‘gull [?aw bnjaj g/Cgéef -P3g6__2;0f_2—_— Signature .Date I ’'A/"K".1.-A I 7:7%Page 62 of 1092 Wc.tlcIIdnIbId.InHuIutl'cInolIkv&pItli.nllhn licckyol?hpnhh?-yu??cnhndlhothudcthhu ultullnnnthh-Ih?hlnu-yudApylhn?c'rIt¢.otIJppunQnny. Cn?tuuktbmhuu?uhhhrunlhmhcnhunad buuuwleli.Ihnuuunlututc?uhuondnduu Iukulurllcnddo hnlqoud&|?u|uI¢uaIu?viyI|d Ihlwcnnuudyllcptudnlclluconourcoq-I-hy.¢Icuhnol ouAgrkulMrdnvhunv|uIlOopunlh|orhhI-Irhhthnl |nInnivud.ll|n:hIy&InlItwb|. lhte ubumcd to Mayor ahd Council: TOTAL NUMBER or rmars: A ‘,_ I‘(;fc»ae»«°S@)03'»/9”’7Page 63 of 1092 PETIITION We,the undersigned,residents of Fenwood Development,ask that REQUEST the City of Niagara Falls Mayor 8:Members of the Cuuncil obtain a 9 of at least 3 months from tic Ministry and Applicant for the evclopment at Upper:Quarry. Covid restrictions,incomplctc information,the absenccéof homeowners,the seasonal nature of businessesand various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the pountial or future risks that are involved,?nancially 8:healtllwise. Date submitted to Mayor and Council:_ 'l‘0’I‘ALNUMBER OF PAGES: V 3 'U€,_‘ $3 3 ,:[0 .7 I <//C:/‘/97*‘93¢’?XV //é}27,1:UC/1'0»(fr-4974Z/”.’C:0/‘fr’//?/1/)"77"5’/J(x1”eus?sé“)Page 64 of 1092 PE’]‘[[’[‘]()N We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls‘Mayor &Members of the Council obtain ‘J Eat’at least 3 months from the Ministry and Applicant for the 'e opment of Uppers Quarry. R|»‘,AS()N Cnviil restrictions.incomplete information,the absentee of homeowners,the seasonal nature of husinesses and varioms agricultural entities have imposed limitations on our culIccti\'i1}‘such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. Date submitted to Mayor and Council: TOTAL :\'UMBlTR OF PAGES: '‘I’--""l_.0 1r’-'-_,.,.-.1!9/I/..r-.‘-.21.:/.7 Page 65 of 1092 PETIITION REQUEST We,the undersigned,residents of Fernwood Development,ask that the City of Niagara Falls Mayor &Members of the Council obtain a W of at least 3 months from the Ministry and Applicant for the e opment of Uppers Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our eollectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. 1)/u-/1/QZL/4)‘J0 £13DatesubmittedtoMayorandCouncil: TOTAL NUMBEROF PAGES:''- _\3\¢¢.«@f«»rBUG/‘>35e-,V«+/»\€~:'1lStreetName:Ci.8’<3 F}?V -De“t/Lcr PageL0f&‘ ,.I_?_a.t:=:,,,,,,,,,,,,,,,,,,,,_/7 V i I J «; 1 1.\‘7-'‘w''«.’»1(2 CivicNumber Name(print) on 1 an-n§aa—2 W p .0 .44 nu. 7 5Page 66 of 1092 PETHTION We,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain 21 Wet‘at least 3 months from the Ministry and Applicant for the evelopment of Uppers Quarry. Covidrestrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our colleetivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. (Date submitted to Mayor and Council:1TOTAL NUIVIBER OF PAGES: \‘\;,’(.~_q€L.o/3’(/§m>‘77$,{7H«‘-rad2’ i1Street Name:61,Z’q_S»-g H,»V ,;2,L¢;rL D?1 (/1; Ci‘<¥s..N..!*s:2*>s1.:............................ ’7L-‘/’5%fez‘ Q«T/T ‘T?9§0>{007 IA‘!/14”’ 66142 Cba?!!!;>"%~‘e * s /I 1'Que M2”)‘u Page 67 of 1092 I REQUEST PET?T[()N We,the undersigned,residents of Fernwood Development,ask that the City of Niagara Falls Mayor &Members of the Council obtain afatleast3monthsfromtheMinistryandApplicantforthe eve p ent of Uppers ‘Quarry. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our eollectivity such that we can study the potential e?ect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healtliwise. fDate submitted to Mayor and Council:'k/)/»c.c'L..¢t.a_/4)/,7}O J)3 TOTAL NUMBER or PAGES:X ' vnét}Z 1 am 9?’FS;K“K \Q ‘ I8:3 t '3Page 68 of 1092 PET?T[0N We,the undersigned,residents of Feruwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain awfatleast3monthsfromtheMinistryandApplicantforthe eve pment of Uppers Quarry.. Covid restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our eollectivity such that we can study the ‘potential effect on our eommunity,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. }Date submitted to Mayor and Council:'//it-Ike‘?-£7 /Q 8 0‘J 3 3TOTAL NUMBER on Mans:22 ' T glbwuut?__(»Page_Z._of 2.. ,,,,,,,,,,,,,,,,,, 1z L. I KCUUKQ woo W.»I W«um <1 W /129/1’(‘c/'/£7”?-<7’3 £3, 23 :33 9%Page 69 of 1092 PETHTIONWe,the undersigned,residents of Fernwood Development,ask that REQUEST the City of Niagara Falls Mayor &Members of the Council obtain a ‘'-s -I f at least 3 months from the Ministry and Applicant for the eve opment of Uppers Quarry. Covid ‘restrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healtllwise. Date submitted to Mayor and Council://4’<3 47‘3 3 TOTAL NUMBER or PAGES:;;- [StreetName:\Q on)\;g’&}'7\§‘{¢t:Ep("l G’Page l 0f 1’ gm ...................... .'our ‘‘p .'H;13 “L ELT 63/1;2. ;xucPage 70 of 1092 PETIITION REQUEST We,the undersigned,residents of Fernwood Development,ask that the City of Niagara Falls Mayor &Members of the Council obtain a v '-*!'at least 3 months from the Nlinistry and Applicant for the.~-..1:nt ofUppers Quarry.' Covidrestrictions,incomplete information,the absence of homeowners,the seasonal nature of businesses and various _ agricultural entities have imposed limitations on our collectivity such that we can study the potential effect on our community,the nature of our Agricultural environment and the potential or future risks that are involved,?nancially &healthwise. I Date submitted to Mayor and Council:'5/L4t~c.»<:/71/6,0 «EL3 TOTAL NUMBER OF PAGES:LZ ,.—%§‘s ‘l 9 s’e?o/ gr?3 Page 71 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-05 Sunday, March 19, 2023 Resident, David Rupay - Walker Brothers Quarry Expansion Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #6.2 . Resident, David Rupay - Walker Brothers Quarry Expansion. It would appear from the Clerk's Memo that the Petition is invalid. This is not completely true. Yes, staff may not be able to provide the deferral but council can certainly direct staff to contact the AHJs and convey the desires of the petitioners, doing so with the support of council if that be the case. This is certainly within councils jurisdiction. The petition is not incorrect, the Clerks comments may cause some misdirection of thought though. The petition has not asked the council to defer the Application, it has asked that council "obtain" the deferral. Page 72 of 1092 Council could just suggest the petitioners forward there concerns for deferral to the proper AHJs but that is not what the petition is asking council to do. The petitioners are requesting council/city staff to use their resources to obtain the deferral. This appears to be a valid "ask" for a cities residents of it's council. This does appear to have forced councils hand though, to reveal their intentions on the subject matter. The question of interest is, will council do this for this group of residents. The Mayor may have to lean over and whisper something to the CAO who may have to stand up and comment on the draw on city resources making such assistance cost prohibited, it may even be thrown out there that if you do it once then hordes of groups of residents will be inundating council for help. Heaven forbid citizens ask for councils help. You don't do this, council will not only be revealing their predetermined favorably opinion of the development proposal itself, but in all likelihood, each council member that sides not to, loses not only the petitioners votes in the next election but all those people they can influence. Their are enough of them to have altered the outcome of the last election. "People shouldn't be afraid of their government. Governments should be afraid of their people". They have not asked you to make a decision on the development proposal, only to be given the chance to examine it more closely. Councilor Pietrangelo just stood up last council meeting and conveyed his concerns about making decisions without the proper information and you all sympathized with him and approved the deferrals, these residents are asking you to HELP them defer this matter for the very same reasons. There's no guarantee they will get it even with your help but at least you haven't burnt their election vote support bridge just yet. It is recommended that council direct staff to convey to the AHJs the petitioners request and do so with the endorsement of council. Good luck residents of Fernwood Development, it may be a little self serving for you to guilt and leverage council but it is not for The Official Opposition Party to The City of Niagara Falls Council. Page 73 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 74 of 1092 PBD-2023-18 Report Report to: Mayor and Council Date: March 21, 2023 Title: AM-2022-018, Zoning By-law Amendment 5687 Ferry Street & 5660 Spring Street Proposal: 8 storey mixed-use building with 77 residential units and 3 commercial units Applicant: Niagara Midtown Bowling Ltd. (Rocco & Kim Oliverio) Agent: DeFilippis Designs (Nick DeFilippis) Recommendation(s) 1. That Council approve the Zoning By-law amendment as detailed in this report to permit an 8 storey mixed-use building with a total of 77 dwelling units and 3 commercial units, subject to the regulations and recommendations outlined in this report; and, 2. That the amending zoning by-law include a Holding (H) provision to require the submission of a revised Functional Servicing Brief and the completion of Third- Party Modelling for sanitary services to the satisfaction of Municipal Works. Executive Summary Niagara Midtown Bowling Ltd. has requested a Zoning By-law amendment for 5687 Ferry Street & 5660 Spring Street to permit a site specific General Commercial (GC) zone. The proposal is for an 8 storey mixed-use building with 77 residential units and 3 commercial units. The site will contain 105 parking spaces below grade as well as at grade and within the second floor at the rear of the building. The amendment is recommended subject to Staff’s modifications as detailed in this report and the holding provision requiring the submission of a revised Functional Servicing Brief and subject to third-party modelling for sanitary services to the satisfaction of Municipal Works for the following reasons: • The proposed development conforms to Provincial, Regional, and City policies by providing active commercial uses on Ferry Street and residential intensification as envisioned for the Drummondville Node; Page 1 of 10 Page 75 of 1092 • The requested and recommended provisions are appropriate regulations for the proposed use to ensure the proposed development will be compatible with surrounding properties; and, • Public concerns regarding compatibility, and construction impacts have been addressed. Regulations for the interior side width and height are being recommended to provide better compatibility with the surrounding neighbourhood. Construction is required to operate within the City’s Noise By - law, and a construction management plan will be required through site plan control. Background Niagara Midtown Bowling Ltd. has requested a Zoning By-law amendment for a consolidated parcel of land totaling 0.39 hectares (0.96 acres) as shown on Schedule 1. The applicant is seeking permissions for an 8 storey mixed-use building containing 77 residential and 3 commercial units with site specific permissions as shown on Schedule 2 and 3. The development will contain 105 parking spaces below grade as well as at grade and within the second floor at the rear of the building. The subject land is designated Tourist Commercial, in part, and Residential, in part, and is located within the Drummondville Node and the Clifton Hill Subdistrict of the Central Tourism District in the City’s Official Plan. The subject land is zoned General Commercial (GC-590), in part, and Parking (P-590), in part, under Zoning By-law 79-200. The applicant is requesting a site-specific General Commercial zone to permit the proposal. Site Conditions and Surrounding Land Uses The land is currently vacant and located on the north side of Ferry Street as seen in Schedule 1. To the north of the site is the Royal Canadian Legion building and single detached houses, to the west are single detached houses and commercial uses, to the east are single detached houses and commercial uses as well as the hydro corridor, and to the south are commercial uses. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date: • Building, Fire, GIS, Landscaping o No objection to the rezoning application. • Fire Page 2 of 10 Page 76 of 1092 o If a fire route cannot be accommodated on the property, the proposed building will likely need to install a sprinkler system. The sprinkler system will enable the applicant to reduce their maneuvering aisle width to 5.9 metres and accommodate Planning staff's recommended interior side yard width. • Municipal Works o No objections subject to the inclusion of a Holding (H) provision to require a revised Functional Servicing Brief and Third-Party Modelling created from the information provided in the Brief. This will determine if there is capacity available or if the sanitary sewers will require an upgrade. • Transportation o Support the proposed parking rate of 1.25 space per dwelling unit and 1 parking space per 32 square metres of commercial space. This would result in a total of 105 parking spaces. o No concerns with the submitted Traffic Impact Study. • Niagara Region o No objection to the rezoning application. o Confirmation of data for the Traffic Impact Study, a detailed noise study, and a 1.55 metre road widening will be required at site plan stage. Neighbourhood Comments A neighbourhood open house was held on November 23rd, 2022 and was attended by the applicant and their agent. There were no members of the public in attendance. Since the open house, staff have received comments from one member of the public. The concerns include height, traffic, compatibility with the neighbourhood, noise from construction, and the use of Spring Street for construction of the building. Staff’s response is as follows: • The proposed 8 storey height is within the permitted height envisioned within the City’s Official Plan; • City Transportation staff reviewed the Traffic Impact Study which identified Spring Street would operate with a satisfactory level of service during peak hours. The Region has raised no concerns with the provided study; • This area of the Drummondville Node is anticipated to be redeveloped with 6 -13 storey buildings. To be compatible with the existing built form, staff are recommending the proposed western and northern interior side yard widths to provide greater separation from the existing detached dwelling to the parking ramp and to secure the proposed distance of the building to the existing residential use; and, Page 3 of 10 Page 77 of 1092 • Construction of the building is required to be in accordance with the City’s Noise By-law and a Road Occupancy Permit must be issued before Spring Street could be occupied, if required. A construction management plan will be required at site plan. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposal satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act; • The proposal is efficient development that sustains the financial well -being of the municipality over the long-term, is transit-supportive, assists in the creation of a complete community, and minimizes land consumption; and, • The creation of 77 dwelling units within the Built-up Area will contribute to the City’s annual residential intensification rate and diversify the housing types available to residents. 2. Regional Official Plan The subject lands are designated Urban Area (Built-up Area) in the Regional Official Plan. The proposed development conforms to the Regional Official Plan as it is compact, diversifies the housing options within the neighbourhood, is transit supportive, co ntributes to the creation of a complete community, and will result in intensification within the Built - Up Area. 3. City Official Plan The subject lands are designated Tourist Commercial, in part, and Residential, in part, in the City’s Official Plan and are located within the Drummondville Node and the Clifton Hill Page 4 of 10 Page 78 of 1092 Subdistrict of the Central Tourist District. The Official Plan allows for the Tourist Commercial designation to align with property boundaries if the intent of the Official Plan is maintained. The proposal is 8 storeys in height with a density of 197 units per hectare. The proposal complies with the intent of the policies of th e Official Plan as it permits heights of 6-13 storeys and a maximum density of 200 units per hectare for the subject lands. The proposal complies with the intent of the Official Plan as follows: • The proposal will redevelop the property for retail and commercial uses while providing residential intensification as envisioned for the Drummondville Node; • The proposal provides a 0 metre front yard setback that is consistent with adjacent properties while providing parking at the rear of the property; • The proposal provides active commercial uses at the pedestrian level; • The proposal does not impact the views and vistas of natural or cultural landscapes, nor does it overwhelm any listed heritage properties or open spaces; • The proposal provides a transition to Spring Street through a 43 metre setback from Spring Street to the building, a 12.5 metre setback to the nearest detached dwelling unit, and a step back at the eighth floor of 42 metres to the nearest detached dwelling unit; • There is a 3 metre stepback provided above the 4th floor to create a defined podium and help maintain the historical character of the neighbourhood; and • The proposal provides a distinctive roof feature for the Drummondville Node in the form of a gabled cap on the eighth floor. 4. Zoning By-law The applicant has requested a site-specific General Commercial (GC) zone be applied to the site. The GC zone permits dwelling units above the ground floor and a variety of commercial uses. The departures requested from the standard GC reg ulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Maximum percentage of residential units for total floor area 66% None Maximum height 12 metres 31 metres Minimum front yard depth Any specified distance in section 4.27.1 Any specified distance in Section 4.27.1 plus 3 metres to the portion of the building above 15 metres in elevation from grade. Page 5 of 10 Page 79 of 1092 Minimum interior side yard width to a residential zone 3 metres 0.2 metres (west) Parking Ratio 1.4 spaces per dwelling unit 1 space per 25 square metres of commercial floor area 1.25 spaces per residential unit 1 space per 32 square metres of commercial floor area The requested zoning is appropriate as follows: • Staff have no objection to eliminating the maximum percentage of residential dwelling units for total floor area. The zoning regulations will continue to require commercial uses on the ground floor as residential uses are required to be located above the ground floor. • Staff have no objection to a 3 metre front yard depth for the portion of the proposed building above 15 metres in height. This setback will aid in creating a defined podium for the development. • Staff are in support of the requested parking rate of 1.25 parking spaces per dwelling unit and 1 space per 32 square metres of commercial space. This will result in a total of 105 parking spaces (96 spaces for the dwelling units and 9 spaces for the commercial units), whereas 107 are required for the residential units and 12 are required for the commercial space. Transportation Staff have indicated that the 3 deficient parking spaces for the commercial space can be shared with the proposed residential parking. The requested zoning is not appropriate as follows: • Staff are not in support to increasing the maximum permitted height to 31 metres for the proposed building. Staff recommend a maximum height of 26 metres to the top of the eighth floor and that the 4.8 metre high roof feature that extends past the recommended 26 metre height be captured in the amending by-law. • In addition, staff recommend a maximum height of 22 metres to the top of the seventh floor at the rear of the building and an northern interior side yard width of 12.5 metres to a residential zone. This is to ensure that the proposed step back at the eighth floor as well as the distance of the building to the abutting residential use are maintained. The maximum permitted height will be captured in a height schedule with the amending by-law. • Staff are not in support of the requested 0.2 metre setback for the west interior side yard width to a residential zone as it does not provide adequate space for a fence. Staff recommend a minimum width of 0.4 metres be provided to the parking ramp. In addition, staff recommend a 1 metre high fence be provided Page 6 of 10 Page 80 of 1092 abutting the front yard of the adjacent dwelling (to provide for visibility for vehicles exiting the property) and a minimum 2 metre high fence be provided for the remainder of the property line abutting the adjacent residential property. The 0.4 metre setback will provide adequate space for a fence to be installed, which will help mitigate noise and light emissions. The increased setback can be accommodated by reducing the maneuvering aisle widths to 5.9 metres. Details of the fence, which should be designed to provide noise mitigation, will be determined at the site plan stage. 5. Holding (H) Provision The amending by-law should include a holding (H) provision to secure the following matter discussed above: • An updated Functional Servicing Brief be submitted and to complete Third Party Modelling to the satisfaction of Municipal Works. Operational Implications and Risk Analysis There are no operation implications associated with this proposal. Financial Implications/Budget Impact A new tax assessment will be completed for the property, a community benefit charge of 4% of the value of the land shall apply, and development charges will be collected. Strategic/Departmental Alignment This proposal contributes to a vibrant and diverse economy and developing a strong and diverse housing market to provide housing choices for all residents. List of Attachments Schedule 1 - Location Map Schedule 2 - Proposed Site Plan Schedule 3 - Rendering Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 7 of 10 Page 81 of 1092 Schedule 1 (Location Map) Page 8 of 10 Page 82 of 1092 Schedule 2 (Proposed Site Plan) Page 9 of 10 Page 83 of 1092 Schedule 3 (Renderings) Page 10 of 10 Page 84 of 1092 Address: 5687 Ferry St & 5660 Spring St Applicant: Midtown Bowling Niagara Ltd. (Rocco & Kim Oliverio) Agent: Nick DeFilippis Proposal: To permit an 8-storey mixed-use building with 3 commercial units and 77 dwelling units. Zoning By-law Amendment Application AM-2022-018 Page 85 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Location SUBJECT LANDS Ramada Lions Club Commercial Uses Single Detached Dwellings Single Detached Dwellings Single Detached Dwellings Commercial Uses Page 86 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Background •The applicant has requested approval of a Zoning By-law amendment. •The applicant is proposing an 8 storey mixed-use building with 77 residential units and 3 commercial units. •The property is designated: –Tourist Commercial, –Within the Drummondville Node, and –Within in the Clifton Hill Subdistrict of the Central Tourist District. •The land is zoned: –a site specific General Commercial (GC-590) and –A site specific Parking (P-590) zone. •The application requests the subject land be rezoned to a create a new site -specific General Commercial (GC-XXX) zone.Page 87 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Building Footprint Parking Ramp Footprint Page 88 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning (GC-XX) Parking Ratio: 1 space/32 sq.m. of gfa 1 space/dwelling unit (Req’d: 1/25gfa 1.4/dwelling unit) Max. permitted floor area for residential units: N/A (Max: 66%) Max. Height: 31m (8 storeys) (Max = 12m) Min. Front Yard Depth: 3m to the portion of building above 15m in elevation from grade (Req’d: 11.6m from road centreline) Interior side yard width to a residential zoning: 0.2m (req’d: 3m)Page 89 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Comment/Concern Staff Response •Compatibility/ height •Subject site is within the Drummondville Node and is anticipated to be developed with 6-13 storey buildings. The proposed 8 storeys is permitted •Interior side yard setbacks are recommended to provide space for fencing and to buffer the proposal to the existing residential use. •Traffic •City Transportation staff had no concerns as Spring Street would operate with a satisfactory level of service •The Region’s Transportation staff had no concerns •Construction Impacts •The City’s Noise By-law regulates noise, and a Road Occupancy Permit would be issued before Spring Street could be occupied. •A construction management plan will be required at site plan.Page 90 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, and local policies •Staff recommend the following regulations be included in the Zoning by-law amendment: –A holding provision be placed on the property for the submission of an updated Functional Servicing Brief and to complete Third Party Modelling to the satisfaction of Municipal Works, and –Zoning regulations as detailed in the next slide.Page 91 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Staff Recommendations Max. 26m to top of eighth floor + roof feature (31m requested) Interior side yard width to a residential zoning: 12.5m Interior side yard width to a residential zoning: 0.4m (0.2m requested) Min. 1m high fence abutting front yard of residential use (light green) min. 2m high fence abutting remainder (dark green) Page 92 of 1092 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Zoning By- law amendment as modified in report PBD-2023- 18, subject to a holding provision for the submission of an updated Functional Servicing Brief and to complete Third Party Modelling to the satisfaction of Municipal Works.Page 93 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-09 Sunday, March 19, 2023 PBD-2023-18 AM-2022-018, Zoning By-law Amendment 5687 Ferry Street & 5660 Spring Street Proposal: 8 storey mixed-use building with 77 residential units and 3 commercial units Applicant: Niagara Midtown Bowling Ltd. (Rocco & Kim Oliverio) Agent: DeFilippis Designs (Nick DeFilippis) Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #7 PBD-2023-18 AM-2022-018, Zoning By-law Amendment 5687 Ferry Street & 5660 Spring Street Proposal. If I recall, there was a meeting of the former council where they were discussing the view atop the old dump site or something like that and it was brought up how they really enjoyed receiving pictures. The building in the picture on page one of the presentation is very impressive. Reminiscent of the Wellness Suites Condominiums on Main St. and they have turned out to be an excellent addition to our city. I would be nice if photographic images of the site were provided such as the one below. Clearly the trend is underground/internal parking. Page 94 of 1092 It's a shame though the city is not addressing affordable housing requirements on new multi-residential builds. The developers would just complain that it hinders the profitability of the development anyways and council would cower. See what happens if you insist one single unit, just one, be an affordable one. You could stop the never ending Affordable Housing Failure Reports by the OPNFC. (It would have to be built first, municipal pledged promises don't work on the OPNFC) Those reports are going to start including a list of the missed opportunities (inactions) of council to address the Affordable Housing Crisis. As far as those houses on the block, there days are numbered anyways. It's still sweet of staff to keep them in the game despite handing them there hat. It is recommended council approve the project. Page 95 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 96 of 1092 COMM-2023-03 Report Report to: Mayor and Council Date: March 21, 2023 Title: 2022 Sleep Cheap Charities Reap Recommendation(s) For the information of Council. Executive Summary Thanks to the generosity of local hotel and attraction operators, the 2022 Sleep Cheap Charities Reap event, which ran from November 20 to 24, 2022, raised $111,496.75. Overall, since the inception of Sleep Cheap in 2004, the event has raised $2,404,892.7 5 On the recommendation of the Sleep Cheap Committee, comprised of local hoteliers and City Staff, donations were issued to the 18 selected recipients in 2022 as outlined in the attachment. Background Sleep Cheap Charities Reap is a fundraising event held annually in the City of Niagara Falls. The Sleep Cheap event is coordinated by the City in co-operation with members of the City’s tourism industry, who comprise the Sleep Cheap Committee. Charities and not-for-profits that provide service to Niagara Falls residents can submit applications biennially for funding. The applications are reviewed by the organizing committee, and recipients are selected to receive donations. Since its inception, the event has raised $2,404,892.75 to support local organizations. The City appreciates and thanks the following hotels and attractions that participated in the 2022 Sleep Cheap event: • Americana Resort, Spa & Waterpark • Clifton Victoria Inn at the Falls • Courtyard Marriott Niagara Falls • Crowne Plaza • Embassy Suites Hotel Fallsview • Fallsview Casino Resort Hotel • Four Points by Sheraton Niagara Falls Fallsview • Great Wolf Lodge Page 1 of 3 Page 97 of 1092 • Greg Frewin Attraction • Hilton Niagara Falls Fallsview Hotel & Suites Fallsview • Marriott Fallsview & Spa • Marriott on the Falls • Old Stone Inn Boutique Hotel • Radisson Hotel & Suites Fallsview • Ramada Near the Falls Falls Fallsview • Sheraton on the Falls • Skyline Hotel & Waterpark • Travelodge by Wyndam Niagara Falls Fallsview • Wyndham Garden Niagara Falls Fallsview Financial Implications/Budget Impact The various tourism operators and attractions contribute all the funds raised and distributed during the Sleep Cheap event. List of Attachments Attachment_2022 Sleep Cheap Charities Reap_Recipient Charities Written by: Dale Morton, Director, Communications Submitted by: Status: Dale Morton, Director, Communications Approved - 13 Mar 2023 Shelley Darlington, General Manger of Corporate Services Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 2 of 3 Page 98 of 1092 2022 Sleep Cheap Charities Reap (18) Recipient Local Charities Alzheimer's Society of Niagara Region Attachment and Trauma Centre for Healing (ATTCH) Niagara Autism Ontario – Niagara Boys & Girls Club of Niagara Cultivating Hope Foundation Epilepsy Niagara (FACS) Niagara Foundation for Family & Children's Services Food for Kids Niagara GROW Community Food Literacy Centre Meals on Wheels Multiple Sclerosis of Canada (Memory of Keith Simmonds) Niagara Children's Centre Niagara Community Fund Niagara Regional Sexual Assault Centre (CARSA) Niagara SPCA Project Share of Niagara Falls Salvation Army Start Me Up Niagara $387.50 $4,000 $5,000 $10,000 $5,000 $5,500 $5,000 $5,200 $5,000 $5,000 $5,000 $10,000 $9,013.25 $5,000 $1,243.44 $11,152.56 $10,000 $10,000 Total $111,496.75 Page 3 of 3 Page 99 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-10 Sunday, March 19, 2023 COMM-2023-03 2022 Sleep Cheap Charities Reap Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.1 COMM-2023-03 2022 Sleep Cheap Charities Reap. Noble cause, we need more of this. If Councilor Strange wants to get up and provide some heart warming thanks to the various organizations, which appears to be his special role amongst council, could he try not to repeat himself and keep it under five minutes, that would go along way to keeping the streamers watching, which are ever increasing according to the Mayor, from getting distracted. Or let someone else do it. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing Page 100 of 1092 party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 101 of 1092 F-2023-13 Report Report to: Mayor and Council Date: March 21, 2023 Title: Statement of 2022 Remuneration and Expenses for Members of Council and Commissions Recommendation(s) For the information of Municipal Council Executive Summary Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation Analysis The attached statement of remuneration and expenses for the year ending December 31, 2022 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99-22, By-law #2002-57 and By-law #2001-252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2022 is provided below: Remuneration Benefits Expenses Total City Council $346,393.85 $91,104.64 $51,938.66 $489,437.15 Committee of Adjustment $3,525.00 $0.00 $936.83 $4,461.83 Niagara Falls Hydro Holding Corporation $39,000.00 $452.96 $0.00 $39,452.96 List of Attachments F-2023-13 Attachment 1 - 2022 Statement of Remuneration and Expenses, Council, Committee of Adjustment and Niagara Falls Hydro Holding Corporation F-2023-13 Attachment 2 - 2022 Member of Council Attendance Written by: Tiffany Clark, Director of Finance Jon Leavens, Manager of Accounting Page 1 of 5 Page 102 of 1092 Submitted by: Status: Tiffany Clark, Director of Finance Approved - 13 Mar 2023 Shelley Darlington, General Manger of Corporate Services Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 2 of 5 Page 103 of 1092 Attachment 1 F-2023-13 March 21, 2023 2022 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL Council Member Salary Committee Benefits Expenses Total DIODATI, J 118,288.04 150.00 28,103.51 19,620.89 166,162.44 CAMPBELL, W 26,945.88 3,975.00 5,959.00 4,301.46 41,181.34 DABROWSKI, C 23,940.45 2,100.00 9,085.57 2,311.54 37,437.56 IOANNONI, C 17,203.98 0.00 7,832.68 1,461.57 26,498.23 KERRIO, V 23,940.45 0.00 3,336.74 515.43 27,792.62 LOCOCO, L 26,945.88 3,825.00 10,282.70 4,676.25 45,729.83 PIETRANGELO, V 26,945.88 1,125.00 9,885.80 4,307.24 42,263.92 STRANGE, M 26,945.88 1,125.00 6,282.40 4,571.19 38,924.47 NIEUWESTEEG, R 3,005.51 0.00 1,456.52 2,102.86 6,564.89 BALDINELLI, A 3,005.51 0.00 1,456.52 2,102.86 6,564.89 PATEL, M 3,005.51 0.00 1,464.20 2,102.86 6,572.57 THOMSON, W 26,945.88 6,975.00 5,959.00 3,864.51 43,744.39 TOTAL $327,118.85 $19,275.00 $91,104.64 $51,938.66 $489,437.15 Page 3 of 5 Page 104 of 1092 Attachment 1 F-2023-13 March 21, 2023 2022 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT Member Remuneration Expenses Total Campigotto, P. 600.00 107.97 707.97 Colosimo, P. 750.00 139.08 889.08 Franze, D. 825.00 227.81 1,052.81 Mrozek, J. 600.00 0.00 600.00 Stranges, L. 750.00 461.97 1,211.97 TOTAL $3,525.00 $936.83 $4,461.83 NIAGARA FALLS HYDRO HOLDING CORPORATION Member Remuneration Benefits Expenses Total DIODATI, J 4,800.00 74.12 0.00 4,874.12 CAMPBELL, W 4,800.00 0.00 0.00 4,800.00 DABROWSKI, C 4,200.00 64.65 0.00 4,264.65 IOANNONI, C 0.00 0.00 0.00 0.00 KERRIO, V 4,200.00 64.65 0.00 4,264.65 LOCOCO, L 4,800.00 74.12 0.00 4,874.12 PIETRANGELO, V 4,800.00 74.12 0.00 4,874.12 STRANGE, M 4,800.00 74.12 0.00 4,874.12 NIEUWESTEEG, R 600.00 9.06 0.00 609.06 BALDINELLI, A 600.00 9.06 0.00 609.06 PATEL, M 600.00 9.06 0.00 609.06 THOMSON, W 4,800.00 0.00 0.00 4,800.00 TOTAL $39,000.00 $452.96 $0.00 $39,452.96 Page 4 of 5 Page 105 of 1092 Attachment 2 - 2022 Member of Council Attendance F-2023-13 March 21, 2023 Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Diodati Baldinelli Campbell Dabrowski Ioannoni Kerrio Lococo Nieuwesteeg Patel Pietrangelo Strange Thomson 18-Jan-22 P P P V P V P P P 25-Jan-22 (Special Council) P P P V P V P P P 8-Feb-22 P P P X P P P P P 1-Mar-22 P X P V X P P P P 22-Mar-22 P P P V P P P P P 12-Apr-22 P P P V P P P P P 10-May-22 P X P X P P P P P 31-May-22 P X P X P P P P P 21-Jun-22 P P P P P P P P P 12-Jul-22 P X P X P V P P P 9-Aug-22 P P P V P P P P P 30-Aug-22 (Special Council) P X X X P P P P P 12-Sep- 22(Special Council) P V P X P V X P P 22-Nov-22 P P P P P P P P P 13-Dec-22 P P P P P p P P P TOTAL 3 3 1 X = Absent V = Attended Virtually P = Present in Chambers MEMBER OF COUNCIL Page 5 of 5Page 106 of 1092 MW-2023-08 Report Report to: Mayor and Council Date: March 21, 2023 Title: Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements Recommendation(s) 1. That Council approve a 2023 capital budget amendment of $1,500,000 for the Montrose Road, Biggar Road, Reixinger Road Reconstruction project (MS64-23) to include the completion of a dedicated local sanitary system that will provide servicing for newly identified future growth in the Southwest Niagara Falls Area. 2. That the $1,500,000 capital budget amendment be funded by debenture financing, and development charges where permissible. 3. That the operating budget impacts associated with the additional debentu re financing be referred to the 2024 budget process for inclusion in the 2024 utility budget. 4. That Council delegate Staff to further negotiate with the Region of Niagara to finalize the additional scope of the new local 450mm Sanitary Sewer System and to incorporate it as a change work order within the currently awarded Montrose Road/Biggar Road Reconstruction Contract (Region Contract 2021-T-269). 5. That the Mayor and City Clerk be authorized to execute all require documents and amending cost sharing agreement between the City of Niagara Falls and Region of Niagara for the Montrose Road, Biggar Road and Reixinger Road Reconstruction project. Executive Summary The Niagara Region (Region) has successfully tendered and awarded the construction of widening and road reconstruction (Region Contract 2021-T-269) along Montrose Road and Biggar Road including the extension of Reixinger Road westerly to the contractor Beam-Rankin Joint Venture (BRJV). The City’s share of the work on this project includes local road widening and reconstruction, the installation of storm and sanitary sewers, new watermains, street illumination and sidewalks/multi-use paths. The City and Region have completed a cost sharing agreement on the division of costs for these works. A budget of $13,626,617 was approved through the 2023 Capital Budget for the City’s estimated share of the works. Page 1 of 8 Page 107 of 1092 Recently the Region has completed a comprehensive O fficial Plan Amendment that included a large Urban Boundary Expansion within the City of Niagara Falls. The projected expansion in the Southwest area of Niagara Falls is approximately 160 hectares and is conservatively estimated to create 4,992 additional units. Analysis indicates that the existing local sanitary sewer infrastructure will not be able fully accommodate this future growth while maintaining current service levels. Staff is recommending the installation of an additional new 450 mm diameter local sanitary Montrose Regional into appurtenances, the including system, sewer all Road/Biggar Road Construction contract. The purpose of the new sewer is to provide adequate sanitary servicing to accommodate the anticipated future growth from the Southwest Niagara Falls Urban boundary expansion area. Completing this work as part of the current Montrose Road reconstruction contract provides an opportunity to allow for a preferred sewer alignment, reuse of native soils for backfill, and will also limit future impacts to the new South Niagara Hospital area. It is recommended that Council approve an increase of $1,500,000 to the approved 2023 Capital Budget for this project to allow Staff to further negotiate the additional scope of work into the Region’s current contract, and further authorize the Mayor and City Clerk to execute all related documents and amending the cost sharing agreement between the City and Region. Background ‘C’ EnvironmentaClass Municipal Schedule initiated Region Niagara 2020 In a l Assessment to address the growth-related transportation needs associated with the Montrose Road (Regional Road 98) corridor between McLeod Road and Lyons Creek Road, and Lyons Creek Road (Regional Road 47) between the QEW and Montrose Road, and on Biggar Road (City Road) between Montrose Road and the westerly limit of the future new South Niagara Hospital. The results of this study, which was completed and filed in November 2021, identified numerous road widenings necessary to support the required additional traffic lanes and associated infrastructure. Concurrently, the Region of Niagara was also undertaking a comprehensive review of the Official The expansion. area boundary which an considered Plan urban City’s engagement with the Region throughout their process assisted in categorizing and evaluating suitable properties/areas. Initial recommendations identified properties along the south side of Biggar Road between Crowland Road and Montrose Road, the Northwest quadrant at Garner Road and McLeod Road from McLeod Road to Lundy’s Lane, and the Southeast quadrant at Kalar Road and Mountain Road. The Regional Official Plan update was adopted by Regional Council on June 23rd, 2022 and came into effect on November 4th, 2022. Somewhere during the time betw een the initial preferred option identification and the plan coming into effect, the projected growth area along the south side of Biggar Road was expanded in size to include the area along both sides of Montrose Road from Lyons Creek Road to Carl Road (see Attachment 1 – Location Plan). Page 2 of 8 Page 108 of 1092 The Region initiated a public tender process for the proposed road reconstruction works which included: City roads (Biggar Road and Reixinger Road extension), buried infrastructure, streetlighting, and sidewalks/multi-use paths, which the City would cost share on. The tender closed November 17, 2022, with the successful bidder being Beam - Rankin planned a with the awarded contract, have They Venture. Joint been commencement of the project in late March or early April of 2 023. Analysis The new southwest area urban boundary expansion brought in +/-163 hectares of land with approximately 120 hectares of the area being developable. With a growth projection of 100 jobs/people/hectare, converted by a conservative 2.4 people/un it, the estimated growth in the Southwest Niagara area will see a projected addition of 4,992 units within those developable lands. The existing infrastructure along Montrose Road completed in the late 1990’s can not accommodate this type of growth from the urban boundary expansion while maintaining current service levels. The future proposed development of the new South Niagara Falls Wastewater Treatment Plant and accompanying Trunk Sewer Collection system along Montrose Road by the Region of Niagara will provide capacity to accommodate the projected growth figures. It is then necessary for the City to provide the local collection system upgrades that will connect into the Regional trunk infrastructure to provide the required level of service. The key connection point for the City’s local systems will be a drop structure at Montrose Road at Reixinger Road. This connection allows for City Infrastructure to break up existing and proposed local systems to best suit the forecasted growth in the area. This location is within (2021contract Regional of recently the limits the awarded -T-the for 269) reconstruction of Montrose Road. City Staff, along with the Region’s Engineering consultant for the Montrose Road Reconstruction project, considered several alternative solutions to address the local sanitary sewer servicing constraints to accommodate the project future growth area, including the following: • Upsizing the existing local sewer on Montrose Road between Biggar Road and Reixinger Road. • Implementing a new additional sanitary sewer along Montrose Road between Biggar Road and Reixinger Road dedicated to servicing the future projected growth lands south of Biggar Road. • Various trenchless options for both of the above alternatives either as p art of the current project or at a later time. Following this review, Staff have determined that the most cost -effective option is to implement an additional 670 metres of 450 mm diameter sanitary system including all appurtenances along the easterly boulevard of Montrose Road from Reixinger Road approximately 90m south of Lyons Creek/Bigger Road, all of which falls within the limits of the planned Regional Road Reconstruction contract. A high -level estimated cost of $2,250,000 to $2,500,000 has been developed for additional budgetary consideration for Page 3 of 8 Page 109 of 1092 the preferred option. These costs are based on similar prices already received for the existing awarded Contract for Montrose Road/Biggar Road. Operational Implications and Risk Analysis The risks associated with deferring the new sanitary sewer until such time as developments begin to come onstream in the future growth area are as follows: • Due to the potential restoration costs and disruption of an open cut trench installation of the new sewer along a recently constructed major Regional Road, the installation method may be restricted to trenchless methodologies which will result in increased capital construction costs. • Once the future South Niagara Hospital is completed and other ancillary developments proceed, the impacts of the subsequent sewer construction may severely constrain construction timing and options in order to maintain accesses. Certain locations may not be permissible if they impact Emergency Services access to the Hospital. • Completing this work as part of the current Regional contract will allow for an open cut trench installation methodology and allow for reuse of native soils as part of the trench backfill, and provide opportunity for an ideal alignment that may not be available at a later date. This will decrease the lifecycle costs of the new sewer as well as reduce the environmental impacts of excavated soil disposal and provision of granular trench backfill. The Operational implications of constructing the new sanit ary sewer out of phase with the projected future growth area are minimal since the sewer is dedicated to servicing this area there will be no live flows to accommodate until the growth proceeds. There should be minimal maintenance associated with an essentially dry sewer, except for periodic inspection to assess condition and potential ground or surface water infiltration into the system. Staff therefore recommend further negotiating and finalizing the additional scope of work with the Region to incorporate into their current Montrose Road/Biggar Road contract the inclusion of approximately 670 m of 450 mm diameter new sanitary sewer along the easterly boulevard of Montrose Road from Reixinger Road to just south of Lyons Creek/Biggar Road. Financial Implications/Budget Impact Funding of $13,626,617 was approved through the 2023 Capital Budget for the City’s share of the works on this project. It is estimated that the proposed additional sewer works will cost approximately $2,500,000 to include in the current Regional contract for the Reconstruction of Montrose Road/Biggar Road. It should be noted that the initial budget amount was set prior to tendering of the work by the Region and was conservative in nature due to the volatile pricing being received during the 2022 construction season. Upon selection of the successful bidder and finalization of the overall construction contract, the City’s net cost share was lower than expected. As well, City staff were able Page 4 of 8 Page 110 of 1092 to optimize on some of the proposed City owned infrastructure works, realizing further costs savings from the original cost sharing calculations. As a result, it is anticipated that an increase in the approved budget of $1,500,000 (to $15,126,617) is what will be required to accommodate the additional sewer works. The original budget for this project was to be funded through debentures with a portion to be recovered through Development Charges, where permissible. It is recommended that the additional required costs be funded in a similar fashio n to support future growth requirements. Debenture financing allows the cost to be spread over the life of the assets and ensures that the future developments benefitting from the enhanced servicing help pay for this growth-related infrastructure. With Staff’s recommendation to approve debentures as the capital financing source for this budget amendment, Staff has presented an updated Annual Repayment Limit (ARL) in Attachment 2 to outline the impact. The City recently issued debt via Niagara Region in January 2023, and the “Current Debt Issued” has increased to reflect the issuance. Approved Debt Not Yet Issued reflects prior debt approvals where the debt itself has not been issued. The timing difference is often a result of the fact that most debentures are issued at or near the completion of the project. Proposed Debt reflects the incremental impact of the proposed $1,500,000 budget amendment. Overall the ARL including the proposed debt is approximately 7.85%, well below our policy limit of 15%. This is slightly lower than presented to Council during the 2023 Capital Budget process, for a few reasons: re-prioritization/cancellation of projects leveraging debentures, changes in financing strategy to fund projects from an alternative source and projects und er budget requiring less debt than budgeted. The City will be updating its DC Background Study and By -Law in 2024. Numerous studies underway at the moment will supply key information to the study to inform and plan for future growth. The 2024 DC Background Study will encompass some of the recent changes to the urban boundary, including this and other growth areas. Staff will ensure that the costs incurred to service and support this growth will be funded by Development Charges to the extent it can based on the new DC Background Study. Debt financing creates an operating budget pressure; therefore staff is recommending that the operating budget impact to the 2024 utility budget be referred to the 2024 budget process. Strategic/Departmental Alignment Implementation of this project meets the intent of Council’s Strategic Priorities by providing strong and resilient infrastructure in a healthy and safe livable community through accountable government practices. Contributor(s) K.Schachowskoj J Dowling Page 5 of 8 Page 111 of 1092 List of Attachments South Niagara Location Plan 2023 Adjusted Annual Repayment Limit Written by: Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 15 Mar 2023 Jason Burgess, CAO Approved - 15 Mar 2023 Page 6 of 8 Page 112 of 1092 FUTURE REGIONALDROP CONNECTIONEXISTING SANITARY SYSTEMPROPOSED SANITARY SYSTEM THROUGHCONTRACT 2021-T-269ADDITIONAL SANITARY TO BE CONSTRUCTEDTHROUGH CONTRACT 2021-T-269URBAN BOUNDARYEXPANSIONLIMIT OF REGIONALCONTRACT 2021-T-269LOCATION MAPPage 7 of 8Page 113 of 1092 $65,326,377 $98,962,059 $100,462,059 5.78% $8,233,124 7.77% $11,065,230 7.85% $11,188,886 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 Current Issued Debt Including Approved Debt Not Yet Issued Including Proposed Debt in 2023 $- $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 $160,000,000 Annual Debt RepaymentGross DebtAnnual Repayment Limit (ARL) as of March 2023 Gross Debt Annual Debt Repayment Legislated ARL Debt Policy ARL Legislated ARL ($35.6M = 25% of Own Source Revenue) Policy ARL ($21.4M = 15% of Own Source Revenue) Page 8 of 8 Page 114 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-10 Sunday, March 19, 2023 MW-2023-08 Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.3 MW-2023-08 Southwest Niagara Falls Urban Boundary Expansion Infrastructure Improvements. You will of course approve the proposal. Someone should get up though and act concerned about the increased debt ratio, the added burden to the tax levy all that stuff the general population can't follow. As the CAO said, in the end it's all coming from one wallet. Perhaps you can make it part of the local contribution towards the Niagara South Hospital, how the city is going to come up with its share of the local contribution which is now 3.6 times what it was prior to the contact being award will be something to see. The OPNFC is now beginning to monitor those financial activates with Information Requests and will be publishing the data. It appears your breaking your own proposed policies and passing the decisions concerning the costs of expenses accrued this year onto future years, is that not what contributed to the massive levy hike this year, council deferring decisions to the next year, or does that only apply during an election year. Every added expense from the day after the budgets are passed are not accounted for, they have to be financed by loans, remember that when you make decision. These expenses do not appear out of thin air, they might not be finalized but they are aware of, staff know these detail well in advance, council may want to be a little more proactive and request what is coming down the line many months in advance not just wait for it to show up on an agenda and have four days to make a decision. Page 115 of 1092 You have our Mayor reported in newspapers blaming whoever he can that our OLG money is disappearing but we still keep spending money we don't have and the pot is known to be diminishing over time. The Mayors all in for the hospital I get it, everything hospital related within the influence of the Mayor Office is going to be spun to look like it is a need and not a want, our Mayor's reputation is akin to Putins, if the project falters so does his reputation and career. This council is on track to approving the greatest debt acceleration the city has ever experienced. Near double digit levy increases for your entire term are going to be your defining contribution to our city. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 116 of 1092 PBD-2023-15 Report Report to: Mayor and Council Date: March 21, 2023 Title: Official Plan Amendment No. 147 City initiated amendment to the Official Plan for new Employment Policies Recommendation(s) It is recommended that: 1. Council adopt Official Plan Amendment No. 147 to implement new Employment policies and site specific conversions; 2. Official Plan Amendment No. 147 be forwarded to the Region for approval; and 3. The implementing zoning by-law amendments be forwarded to Council for adoption upon receiving Regional approval for Official Plan Amendment No. 147. Executive Summary Official Plan Amendment No. 147 implements the conclusions of the City’s Employment Lands Strategy Phase 3 report on the City’s long term employment land needs to the year 2051 in conformity with the Provinces Growth Plan, Provincial Policy Statement and the Region of Niagara Official Plan. As per the August 9, 2022 direction of Council, the Official Plan Amendment for the following is being brought forward for adoption. • The addition of a new Employment Area as designated in the Regional Official Plan for the lands located east of the QEW, south of the Welland River, north of Reixinger Road and west of Stanley Avenue. As required through Provincial legislation, the City’s Official Plan must conform with the “Employment Area” designation of the Region’s Official Plan. Employment Areas are identified to ensure that long term employment targets of the Province, Region and City can be met. • The recognition of certain lands, currently designated for Industrial use, that are not used for or are no longer suitable for industrial uses to a non -industrial designation. Specifically: 5796 Valley Way, 5750 Valley Way, 5270 Portage Road and 8236 Beaverdams Road are to be converted to a Minor Commercial designation which will allow for employment uses of a non-industrial nature on the properties. • The conversion of lands along the north side of Bridge Street at Victoria Avenue, as well as the lands of the former Kimberly Clark building from industrial to a Page 1 of 19 Page 117 of 1092 Mixed Use 2 designation to support the intensification targets of the Transit Station Area. • The redesignation of lands at 9304 Mcleod Road to a site specific residential designation with a requirement for the completion completion of a risk assessment to justify the use within a 2km radius of the Cytec Industrial use to the southwest. Background One of Council’s Strategic Priorities for 2019 to 2022 was the creation of a diverse economy, and a vibrant, welcoming environment that attracts families, high quality jobs, investment and entrepreneurship. One of the specific objectives under this Priority is that we ensure an adequate supply of accessible industrial and employment lands is available in the right locations. The City’s Business Development and Planning, Building and Development Divisions initiated an Employment Lands Strategy in early 2020, which was followed up with a Phase 2 Report in April 2021 and subsequently a Phase 3 Report: the Employment Lands Strategy in December 2021. Council directed Staff to prepare draft Official Plan and Zoning By-law amendments as contained in the Employment Lands Strategy for additional stakeholder consultation and for adoption at a later Council session. Public consultation was completed in the form of two public meetings and online or hard copy access of the proposed amendments to anyone requesting notification through the Employment Study or notification under the Planning Act for the amendments. Input received through the consultation process were attached to PDS -2022-61 (see link on tonight's agenda) and were included into the draft documents forwarded to Council in August 2022. On August 9, 2022, Council adopted the recommendations of PBD-2022-61 to receive the public input presented at the second Public Meeting (of July 13, 2021) and the modification of policies as requested by Niagara Region and that staff forward the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79- 200 and By-law 395, with any required modifications, to a future Council meeting for adoption. This report outlines the modifications made to the draft documents since August 9, 2022 including those required through recent Provincial approval of the Region’s Official Plan. Analysis Regional Land Needs Assessment and City Employment Land Strategy The Province's Growth Plan: A Place to Grow, 2020 directs that population and employment forecasts be established by an upper-tier municipality through it's municipal comprehensive review and that those forecasts be used for planning and managing growth. Under the Province's Planning regime the City's Official Plan must conform with the Region's Official Plan to identify and designate Employment Areas. Page 2 of 19 Page 118 of 1092 The Niagara Region completed a Land Needs Assessment (also referred to as a Municipal Comprehensive Review) as part of their new Official Plan exercise to identify the amount of designated land each local municipality needs to accommodate population, housing and employment forecasts. Through this exercise, an employment forecast of 58,110 jobs through to the year 2051 was identified for Niagara Falls. T he results of the City’s Employment Land Strategy, a more detailed review of where the identified employment targets would be accommodated, were incorporated into the Region’s Assessment, and ultimately into the Region’s New Official Plan which was adopted on June 23, 2022 and approved by the Province on November 4, 2022. Official Plan Amendment No. 147 will implement the Employment Area designation and policies of the Region's Official Plan. Employment Land Strategy The City’s Employment Land Strategy identified an employment land shortfall of approximately 76 ha (188 ac) to accommodate the Region’s forecast and analyzed possible areas that would be suitable. It concluded that that an area in south Niagara Falls: east of the QEW, north of Reixinger Road, west of Stanley Avenue and south of the Niagara River was best suited for a new Employment Area due to several factors including its proximity to the QEW, the available land area, the Stanley Avenue Industrial Area and the Region's new South Niagara W aste Water Treatment Facility. These lands have been identified as an "Employment Area' in the Region's Official Plan and reflected as such in the City's OPA No. 147. The Land Strategy also provided an assessment of a number of employment land sites (i.e. industrial lands outside of Employment Areas) where the properties are not used or suitable for continued industrial use. In association with the addition of a new employment area, four areas (see Appendix 1) will be converted from industrial through this amendment: • 5796 Valley Way, 5750 Valley Way and 5270 Portage Road - to be converted to Minor Commercial to reflect the current commercial land use (auto service); • 8236 Beaverdams Road – to be converted to Minor Commercial as requested by the Owner. The lands are currently vacant and is not within an industrial area; • 9304 McLeod Road – to be converted to Residential with a site specific provision requiring a risk assessment to justify the use within a 2km radius of the Cytec Industrial use to the south west; • Bridge Street at Victoria Avenue and the former Kimberly Clark property – to be converted to a Mixed Use 2 designation to support the intensification of the GO Transit Station Area and to reflect the Mixed Use 2 designation on the south side of Bridge Street. The draft Official Plan and Zoning By-law amendment documents presented to Council in August, 2022 addressed the public input received through the consultation process undertaken. Additional detail regarding the discussion regarding the employment land conversions and the employment area designations are within PBD-2022-61. Page 3 of 19 Page 119 of 1092 Employment Lands vs Employment Areas The Region's Official Plan identifies Employment Areas which are clusters of business and economic activities such as manufacturing, warehousing, and offices. Employment Lands are specific properties, designated within the City's Official Plan only, for employment uses. Employments lands may be within or outside of an Employment Area. The draft amendments brought forth to Council in August were in conformity with the Region’s adopted policies however there were additional policies that Regional Staff asked be included in the City’s OPA No. 147 in order to meet Provincial and Regional requirements. Further, the Province approved the Region’s Official Plan on November 4, 2022 with limited modifications that have been included in OPA No. 147. The changes are outlined below: Map Change to Schedule A-7 The New Schedule A-7 within OPA No. 147 has been updated to designate “Employment Areas” as defined in the Region’s Official Plan, including the category and density targets of those Areas. (see Appendix 1, Map 6 to OPA No. 147). Note, the previous Schedule A-7 only include employment lands which are designated by the local Municipality only. Corresponding policies have been added to the body of the amendment under Part 1, Section 2, Growth Objective 13 and Part 2, Section 8, Policy 8.3. Ancillary uses within employment lands The Employment Land Policies under Part 2, Section 8, Policy 8.4 are modified to make clear that uses ancillary uses to an employment use may be considered only for Employment Lands outside of Employment Areas. In addition, the policies have been changed to clarify that the conversion of lands within Employment Areas to non - employment uses may only proceed at the time of and through a Regional Municipal Comprehensive Review (MCR) (Policy 8.30, 8.31 and 8.32). A MCR has been completed as part of the Region's work on their Official Plan and the proposed amendment No. 147 is in conformity with the Region's Official Plan. Regional Natural Environmental Features System (NES) The Region has requested that the extent of the Environmental Protection and Environmental Conservation areas within the new Grassy Brook Employment Area be updated to reflect the Region’s Natural Environmental Features System (NES) on the mapping attached to the City’s amending documents. A subwatershed study is currently underway for the Grassy Brook Employment Area which will result in an accurate inventory and mapping of the natural heritage system. Consequently, it is recommended by City Staff that a notation be added to Map 1 to OPA No. 147 to read: “The extent of the Environmental Protection Area and Environmental Conservation Area do not necessarily include the extent of the Region’s NES and the Region’s Official Plan mapping should be consulted. The actual extent of the NES is currently being refined Page 4 of 19 Page 120 of 1092 through studies being undertaking as part of the Grassy Brook Secondary Plan and will be implemented through a future Official Plan Amendment.” Cytec Canada Inc. and Risk Assessment Through the Region’s adopted policies it was requested that a clause be added to the Special Policy Area designation proposed for the McLeod Road Employment Land conversion (to “Residential” under Map 4 to OPA No. 147) to require the preparation of a Risk Assessment Report, that would be peer reviewed, to justify residential use of the lands within a 2 km radius of Phosphine Storage on Cytec Industries lands and that any mitigation required through further study to address Provincial D6 Guidelines are to be provided onsite. Further, a conversion justification, as per Regional Policies confirming that a similar number of jobs is provided in accordance the conversion of employment lands policies, must be provided in conjunction with any Planning Act application. The Province modified the Region’s Official Plan by adding a new policy in relation to land conversion of Employment Areas within a two kilometer radius of Cytec Canada Inc.. Although 9304 McLeod Road is not within an identified Employment Area designation, a corresponding new policy has been added as Policy 8.35 within OPA No. 147 in compliance with the Province's modification, to read: “Notwithstanding policy 8.34, development applications within a two kilometre radius of the Cytec Canada Inc. facility in Niagara Falls shall be subject to Policy 8.30 of this Plan, except for the lands currently designated Neighbourhood Commercial in this Plan.” (Note: Policy 8.30 requires that the conversion of employment areas to non-employment uses are to be completed only at the time of a Regionally led Municipal Comprehensive Review.) The Province's modification will not impact the other employment lands or areas being considered through Official Plan No. 147. Conversions and job calculations The Region’s Official Plan Policy 8.32 requires that the conversion of employment lands to non-employment lands be accompanied with justification that a similar number of jobs will be provided. The lands at 5796 & 5750 Valley Way and 5270 Portage (Map 3 to OPA No. 147) will not see a reduction in employment for the current auto service commercial use through the redesignation of the lands. Similarly the lands at 8236 Beaverdams Road (Map 2 to OPA No. 147) will retain a Neighbourhood Commercial (NC) Zoning which will see a similar number or more jobs provided than the industrial zoning. The lands north of Bridge Street (Map 5 to OPA No. 147) are proposed for both a Mixed Use designation and zoning which will result in a number of jobs supporting the residential uses in the area and the Go Transit Station area. Page 5 of 19 Page 121 of 1092 A Development Holding designation and zoning is proposed for the McLeod Road lands (Map 4 to OPA No. 147). The Region has noted that a justification of population serving job numbers will be required through the future redesignation of the lands based on the ultimate land use and residential density in line with their Official Plan. A policy to this effect has been added to OPA No. 147 Implementation and Next Steps Official Plan Amendment No. 147 implements the delineated boundary of a new Employment Area as set out in the Provincially approved Region Official Plan and the conversion of lands from employment on those lands identified through the Employment Land Strategy Phase 2 report as not used or suitable for continued industrial use. The amendment will update the City’s Official Plan to bring employment lands, areas and density targets into conformity with the Provincial Growth Plan, Provincial Policy Statement and the Region’s Official Plan. The Region is the approval authority for OPA No. 147. The implementing zoning by -law amendments, attached as Appendix 2, will be forwarded to Council for approval upon receipt of Regional approval for the Official Plan Amendment so that any modifications that may be applied to the official plan amendment, can be properly reflected in the implementing zoning amendments prior to their adoption and approval. Clergy Principle Applications on lands located within the new Employment Area (Grassy Brook) will be asked to consider the updated designation under the Region's Official Plan. In the past, the City has been asked to reconsider the Employment Area designation on lands location on the west side of Stanley Avenue on the basis of the Clergy Principle. The “Clergy Principle” is described as a procedural policy applied by the Ontario Land Tribunal, and not a legal principle (see Masters v. Claremont Development Corporation), 2021 ONSC 3311 (Ont. Div. Crt.), at para. 31). It stands for the principle that in most cases, as a matter of natural justice, new planning policies ought not to be binding on land use planning applications made under earlier regimes (Masters, supra, at para. 11). The Clergy Principle is not applied and approved as of right in every case. There is a well-established line of cases that provides that the rule is departed from or not followed from time to time (SOS – Save Our St. Clair Inc. v. Toronto (City), 2006 CarswellOnt 1015 (Ont. Div. Crt.), at para. 37). The suggestion or general intent that a policy change should not be applied retroactively is not a stand-alone consideration that applies in every case. There are exceptions where policy changes are applied retroactively. One of these exceptions is when the public interest favours retroactivity over maintaining an older policy regime. Land use planning requirements are meant to be fluid, consider a range of different factors, and evolve over time. Preventing retroactivity and ignoring what is likely to happen in the future – such as a surrounding zone of employment designated lands like in our case – is not always consistent with the public interest (see Beechridge Farms Inc. v. Ajax (Town), 2008 CarswellOnt 589 (Ont. Div. Crt.), at para. 19). Page 6 of 19 Page 122 of 1092 City staff will therefore make a decision that is consistent with the principles of good planning that are in place at the time the decision is being made and to the best of their ability. Thinking over the long-term and in a broad and contextual manner is key, compared to favouring a single application at the expense of the broader vision for the area and its future and the City's responsibility to meet Provincial employment targets. In this case, City staff are in favour of retroactivity because of the view that the implementation of changes to accommodate the employment designation and zoning is in the public interest. Financial Implications/Budget Impact Official Plan Amendment No. 147 would have no direct financial implications for the City. Strategic/Departmental Alignment The implementation of the Employment Lands Strategy through the Employment Official Plan policies and zoning by-law amendments is consistent with the City’s Strategic priority of a Vibrant and Diverse Economy. List of Attachments Appendix 1 - Location Maps for OPA No. 147 Appendix 2 - Zoning By-law Amendments for Employment Written by: Francesca Berardi, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 7 of 19 Page 123 of 1092 Appendix 1 Location Maps for OPA No. 147 Page 8 of 19 Page 124 of 1092 Page 9 of 19 Page 125 of 1092 Page 10 of 19 Page 126 of 1092 CITY OF NIAGARA FALLS By-law No.2022- XX A by-law to amend Willoughby By-law 395,1966 to move certain lands from Willoughby By- law 395 (1966) to Zoning By-law 79-200 and, in doing so, rezone a portion of the lands to be brought into By-law 79-200 currently zoned Tourist Commercial 19.225 in Willoughby By-law 395, 1966 to Prestige Industrial (PI)and Environmental Protection Area to implement the recommendations of the City of Niagara Falls Employment Lands Strategy. This Amendment is to be implemented in coordination with By-law No.2022-XX (AM-2021-013) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by -law are identified on Schedule 1 of this By-law and shall be referred to in this by-law as the “Lands”.Schedule 1 is a part of this By-law. 2.The purpose of this by-law is to amend the provisions, regulations and Schedules of By-law No 396 (1966) to remove the Lands so that the Lands can be added to and placed under the control of By-law 79-200. 3.The Lands shown on Schedule 1 of this By-law are hereby removed from Willoughby By-law 395, 1966 and incorporated into Sheet B-7, Sheet C-7 and Sheet D-7 of Schedule “A” of By-law 79-200 and identified as described in associated By-law No. 2022-XX. Read a First, Second and Third time; passed, signed and sealed in open Council this th day of ,2022. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 42 of 51Page 11 of 19 Page 127 of 1092 Page 43 of 51Page 12 of 19 Page 128 of 1092 CITY OF NIAGARA FALLS By-law No.2022 XX A by-law to amend By-law No. 79-200, to rezone various lands within the City of Niagara Falls and introduce industrial lands into By-law No. 79-200 which were formerly in Willoughby By- law 395, 1966 to implement the recommendations of the City of Niagara Falls Employment Lands Strategy (AM-2021-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by-law are described in Schedules 1 through 5 of this by-law and shall be referred to in this by - law as the “Lands”. Schedules 1 through 5 are a part of this by-law. 2. The purpose of this by-law is to remove certain lands from their current industrial zone into an appropriate zone as described in 3 through 6 below; add Industrial lands to By- law 79-200 which were formerly in Willoughby By-law 395, 1966 as described in 7 below; and, amend specific exceptions and provisions as described in 8 through 11 below. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3.The Lands shown on Schedule 1 to this By-law are hereby redesignated from LI, LI- 64 and GI-63 to CB4 and LI-54 to CB4-54 upon By-law 2021-040 coming into effect. 4.The Lands shown on Schedule 2 to this By-law are hereby redesignated from LI to NC. 5.The Lands shown on Schedule 3 to this By-law are hereby redesignated from GI-281 to NC, with any exceptions that apply to be repealed. 6.The Lands shown on Schedule 4 to this By-law are hereby redesignated from LI and HL to Development Holding (DH) Zone. 7.The Lands shown on Schedule 5 to this By-law are removed from Willoughby By-law 395 as approved through associated By-law No. 2022-XX and added to By-law 79- 200 with a PI, OS and EPA designation applied.None of the provisions of By-law No. 395, 1966 shall apply to prevent the Lands shown on Schedule from being added to and placed under the control of By-law No. 79-200. 8. By-law 1981-62 regarding exception and provision number 19.1.53 is repealed. 9. By-law 1995-50 regarding exception and provision number 19.1.281 is repealed. 10. By-law 1981-62 Exception and Provision number 19.1.54 is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined, upon By-law 2021-040 coming into effect: “None of the provisions of section 11.2.1 8.5.2.D shall apply to prevent the use of the land on the east side of VictoriaAvenue designated LI CB4 and numbered 54on Sheet D3 of Schedule "A", as amended, or the erection or use of a building or structure thereon for the purpose of an automobile service station provided that all of the Page 44 of 51Page 13 of 19 Page 129 of 1092 2 regulations in Section 8.9.2, as amended, for an automobile service station in an AS Zone shall apply to such automobile service station on the said land; Refer to By -law No. 2019.74.” 11.The provisions of this by-law shall be shown on Sheets B4, B7, C4,C6,C7, D3,and D7 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands as shown on Schedules 1 through 5. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXX,2022. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 45 of 51Page 14 of 19 Page 130 of 1092 Page 46 of 51Page 15 of 19 Page 131 of 1092 Page 47 of 51Page 16 of 19 Page 132 of 1092 Page 48 of 51Page 17 of 19 Page 133 of 1092 Page 49 of 51Page 18 of 19 Page 134 of 1092 Page 50 of 51Page 19 of 19 Page 135 of 1092 PBD-2022-61 Report Report to: Mayor and Council Date: August 9, 2022 Title: City Initiated Amendments to the Official Plan and Zoning By-laws 395 and 79-200 for new Employment Policies Recommendation(s) 1. That Council receive the public input presented at the second Public Meeting and the modification of policies as requested by Niagara Region. 2. That Staff forward the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395, with any required modifications, to a future Council meeting for adoption. 3. That once adopted, the Official Plan Amendment #147 be forwarded to the Region for approval. Executive Summary City Council received the Niagara Falls Employment Lands Strategy, Phase 3 Report for information at their meeting of December 7, 2021. Council also directed Staff to prepare draft Official Plan and Zoning amendments for employment policies for additional stakeholder consultation and for consideration and adoption at a later Council session. The City’s Consultants for the Employment Lands Strategy, Watson & Associates and Dillon Consulting, in cooperation with City Staff have prepared draft amending documents to implement the Strategy. Final changes to the draft documents resulting from relevant input received have been incorporated into the draft amendments, attached as Appendix 4, 5 and 6. On June 23, 2022 Niagara Region adopted a new Official Plan and it has been forwarded to the Province for approval. The employment policies of the Region’s Plan implement their Municipal Comprehensive Review of employment lands and also the City’s Employment Land Strategy. The draft amendments brought forth to Council this evening are in conformity with the Region’s policies however there are additional policies within the Region's adopted document that Staff have asked be included in the City's Official Plan amendment in order to meet Provincial and Regional requirements. As directed by Council, further consultation for these draft documents has been conducted. A notice of second public meeting, as well as online or paper access to the amending documents, were forwarded to those who have provided previous comments Page 1 of 51 Page 136 of 1092 or have otherwise made a specific request to receive notification. In addition, the draft documents have been posted online (Let’s Talk Niagara Falls) and notice of the second public meeting was published in the Niagara Falls Review. Background One of Council’s Strategic Priorities for 2019-2022 is the creation of a diverse economy, and a vibrant, welcoming environment that attracts families, high quality jobs, investment, and entrepreneurship. One of the specific objectives under this Priority is that we ensure an adequate supply of accessible industrial and employment lands is available in the right locations. Pursuant to this objective, the City’s Business Development and Planning, Building and Development Division initiated an Employment Lands Strategy. A chronology of the works and public consultation completed through this Study is outlined in Appendix 2. Council received Phase 2 of the Employment Strategy in April 2021. The analysis identified an employment land shortfall of approximately 76 ha (188ac) to accommodate the estimated forecast of 3,450 jobs assigned to employment areas by the year 2051 through the Region's forecast. An assessment of a number previously known candidate employment land sites where the properties are not used or suitable for continued industrial use was included. Based on the framework of the 2019 Growth Plan and 2020 Provincial Policy Statement as well as a site specific evaluation based on a broad range of criteria, draft recommendations were made on the known candidate sites as to whether they should retain their industrial designation. Draft amendments to the Official Plan and Zoning By-law where presented at a Statutory Public Meeting held on the same evening. An Open House was held prior to the Public Meeting. In December 2021, Council received and endorsed the final Phase of the Strategy (Phase 3). Phase 3 provided conclusions on the City’s long term employment land needs to the year 2051, as well as the adequacy and marketability of the City’s shovel ready employment lands in the near term. Council directed Staff to prepare draft amendments to the Official Plan and Zoning By- law for further public consultation and for consideration and adoption at a later date. Public and Stakeholder Engagement Stakeholder engagement began in the early stages of Phase 1 of the Employment Lands Strategy and have continued through to the Second Public Meeting as outlined in Appendix 2. The comments received at the Open house and first Public Meeting, both held i n 2021 are attached as Appendix 1 for the information of Council. These comments were included in Staff’s report to Council of July 13, 2021. Page 2 of 51 Page 137 of 1092 The significant issues resulting from the July 13, 2021 Public Meeting were addressed in PBD-2021-79 which accompanied the final Phase 3 Employment Land Strategy report to Council in December 2021. Changes to the draft documents resulting from this consultation have been incorporated into the attached draft amendments and are further discussed in the Planning Analysis section below. All written or oral comments received to date for the second Public Meeting are attached as Appendix 3. Analysis General changes to the Official Plan The amendment proposes to replace the term ‘Industrial’ with ‘Employment’ througho ut the mapping and text of the Official Plan. The word ‘employment’ is consistent with the terminology of Provincial and Regional plans which is important in terms of ensuring that the employment targets are recognized. It recognizes those employment uses beyond those traditionally associated with the word industrial, such as tourist related employment uses which is a major employment sector in the City of Niagara Falls. The amendment also introduces a new Schedule to the Official Plan which, consistent with the Region’s new Official Plan, identifies: • the Niagara Economic Zone- identified in the Region’s new Official Plan as Niagara Falls through to Fort Erie; • Employment Lands -a broad range of lands designated for employment uses (inside or outside of employment areas) from light to heavy industrial, business parks and rural employment uses); and • Employment Areas – identified clusters of employment land uses that are subject to the highest level of protection. Specific Area Amendments Grassy Brook Area In order to meet the Provincial targets for employment lands through to 2051, the amendment identifies a new Employment Area in the south area of Niagara Fa lls east of the QEW, north of Reixinger Road, west of Stanley Avenue and south of the Niagara River, as shown on Figure 1. Figure 1 Page 3 of 51 Page 138 of 1092 The lands currently designated Resort Commercial are proposed to be changed to ‘Employment’. The current Environmental Protection Area, Environmental Conservation Area and Open Space (cemetery) designations remain unchanged. The proposed designation is consistent with the Employment Area designation contained in the June 2022 adopted Region Official Plan (awaiting Provincial approval) and supportive of the Region’s new $400 Million South Niagara Falls Wastewater Treatment plant’s preferred location central within the boundaries of the employment area. The Region’s Official Plan considered the City’s Employment Lands Strategy in the preparation of the New Official Plan and subsequently identifies this area as an Employment Area. It is also noted that through the Capital budget, Council approved funding for the development of a Grassy Brook secondary plan which includes the new employment lands identified in the draft Official Plan and Zoning amendments. The secondary plan will address more specific land uses and policies for this area and also address transportation and functional servicing requirements beyond the area i ncluding Chippawa in association with the new wastewater treatment plant. The secondary plan will be supported by a number of key studies (i.e. environmental, transportation, servicing, archaeological) that will inform appropriate areas for future developm ent. The procurement of consultants to prepare the Secondary Plan will soon conclude and the work will commence. The implementing zoning by-law amendments would remove the lands from Zoning By- law No. 395 (Willoughby By-law) and include the lands within Zoning By-law 79-200. The lands would be zoned Prestige Industrial under 79-200 save and except those areas identified as ECA, EPA or OS in the Official Plan which are to be zoned Environmental Protection Area or Open Space (OS) as applicable. Conversion from Industrial The Employment Land Strategy Phase 2 report assessed a number of previously known candidate employment land sites where the properties are not used or suitable for Page 4 of 51 Page 139 of 1092 continued industrial use. Within the framework of the 2019 Growth Plan and 2020 Provincial Policy Statement as well as a site specific evaluation based on a broad range of criteria, draft recommendations were made on the known candidate sites as to whether they should retain their industrial designation. The following properties were considered for redesignation and rezoning at the July 13, 2021 with a deferred note on the schedules. This deferral was based on the Region’s on-going Municipal Comprehensive Review of employment lands being undertaken at the time. Since the Region has now completed that review, the use of the ‘deferred’ notation is no longer necessary. 5796 Valley Way, 5750 Valley Way and 5270 Portage Road (Figure 2) The current use of the lands is commercial (auto service). The Official Plan amendment would change the designation from Industrial to Minor Commercial. The zoning would change from Light Industrial (LI) Zone to Neighbourhood Commercial (NC). Figure 2 8236 Beaverdams Road (Figure 3) The lands are currently vacant and the change was supported by the Owner. The Official Plan amendment would change the designation from Industrial to Minor Commercial. The zoning would change from General Industrial (GI-281) Zone to Neighbourhood Commercial (NC). Figure 3 Page 5 of 51 Page 140 of 1092 9304 McLeod Road (Figure 4) The lands are currently vacant and are west of a residential subdivision (currently under construction) limiting its potential industrial use. The Official Plan amendment would change the designation from Industrial to a residential designation with a special provision applied to the lands outside of the current floodplain mapping area on the eastern portion of the lands. The residential designation will come into effect upon approval by the Niagara Region. The Special Provision will apply a 10m height restriction within a 2km radius of Phosphine storage on Cytec Industries lands as shown on Appendix A to the 2016 Cytec Canada Inc. Emergency Response Plan, which is the most recent information on setback requirements that the City has been able to attain. A Development Holding (DH) Zone is proposed in conjunction with the Special Policy provision of the Official Plan. Figure 4 Lands north of Bridge Street at Victoria Avenue (Figure 5) Through the Employment Lands Strategy a conversion of the lands north of Bridge Street, east of Victoria Avenue to a Mixed Use 2 designation was recommended. This would reflect the Mixed Use 2 designation of the properties on the south side of Bridge Street. The City was requested to consider the addition of the lands north of Bridge, west of Victoria Avenue (former Kimberly Clark building) under the Mixed Use 2 designation. This change was supported and will apply to the whole of the property. Page 6 of 51 Page 141 of 1092 Figure 5 Correspondingly, the zoning would change from Light Industrial (LI), LI -54 and LI-64, General Industrial (GI-63) Zone to Central Business Commercial (CB4) Zone. The Special Provisions of the LI-54 Zone would continue to apply under the CB4 Zone for those lands. Conformity with Provincial and Regional Policy The City’s Employment Land Strategy was prepared under the framework of the 2019 Growth Plan and the 2020 Provincial Policy Statement and the recommendations of the Strategy, implemented through the amendments to the Official Plan and Zoning By- laws, is in compliance with Provincial Policy. Niagara Region adopted their new Official Plan on June 23, 2022 and the document has been forwarded to the Province for approval. The Region incorporated the City’s Employment Land Strategy as a key input into their Municipal Comprehensive Review. Accordingly, the City’s draft employment amendments are aligned and conform with the Region’s Employment policies. However, the adopted Regional Official Plan contains additional detailed policies regarding employment areas as well as specific employment targets and densities that are to be included into local area Official Plans. Although the Region's Official Plan has not yet received approval from the Province, it is the opinion of Staff that these policies be incorporated into the City's draft employment policies amendment prior to adoption. Since the Region is the approval authority for this amendment and, as such, have the ability to modify the amendment while exercising that approval, it is preferred that these policies be brought before Council with the adoption of the document rather than inserted at a later time, through approval. Page 7 of 51 Page 142 of 1092 The changes include: • the identification of Core and Dynamic Employment Areas on Schedule A-7. These identified areas do not affect the limits of the employment designation but provide a focus of the type of employment uses that are envisioned within that employment area. Core Employment Areas are the more traditional form of employment uses such as industrial, construction and warehouses. Dynamic Employment Areas have traditional lighter industrial uses, office parks and institutional uses. • the addition of employment density forecasts for Employment Areas. • clarification that the conversion of lands within an Employment Area can only be made through a Regionally led Municipal Comprehensive Review and that conversions of Employment Lands must not only meet the criteria listed by the Municipality but also ensure that the conversion will result in no net loss of employment numbers. • additional wording to the Special Policy Area designation for 9304 McLeod Road note that any future Planning Act Application will be subject to further studies addressing employment land conversion (Policy 8.32, job replacement showing how future jobs will be provided on the lands) and risk assessment of residential encroachment on employment land uses. Amendment Update Post Public Notification The City adopted an amendment to incorporate policies regarding cannabis cultivation and production in the Industrial designation of the Official Plan in late spring 2022. The new cannabis policy came into effect as the proposed changes under OPA No. 147 were sent out for notification and as such were not included in the circulated amendment. Staff will ensure that the policy is included in OPA No. 147 which will require updated number to that contained in the circulated draft document. Next Steps Subject to the results of the second Public Meeting and the addition of the policies requested by the Niagara Region, Council may adopt the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395 at a future meeting of Council. Official Plan Amendment #147 will be forwarded to the Region for approval upon Council adoption. Final approval by the Region is expected to occur subsequent to and in compliance with the approval of the Region's Official Plan by the Province. As per Section 24 of the Planning Act, the approved zoning by-law amendments would come into force only after the Official Plan amendment receives final approval. Financial Implications/Budget Impact The new Employment Lands policies will have no direct financial implications for the City. Strategic/Departmental Alignment Page 8 of 51 Page 143 of 1092 The implementation of the Employment Lands Strategy through the Employment Official Plan policies and zoning by-law amendments is consistent with the City’s Strategic priority of a Vibrant and Diverse Economy. List of Attachments APPENDIX 1 - Comments received through the Employment Land Strategy APPENDIX 2 - Chronology of Process and Public Consultation APPENDIX 3 - Comments for the second Public Meeting Appendix 4 - Draft OPA - Employment Policies Appendix 5 - Draft ZBA amending Bylaw 395 Appendix 6 - Draft ZBA amending By-law 79-200 APPENDIX 3 - Comments for the second Public Meeting Written by: Francesca Berardi, Planner 2 Brian Dick, Manager of Policy Planning Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 03 Aug 2022 Jason Burgess, CAO Approved - 04 Aug 2022 Page 9 of 51 Page 144 of 1092 Appendix 1 - Page 1 APPENDIX 1 to PBD-2022-61 AM-2021-13 – EMPLOYMENT LAND NEEDS STUDY SUMMARY OF COMMENTS REMOTE OPEN HOUSE – JUNE 29, 2021 @ 2pm Name/Author Date (verbal submissions at Open House) Submitted Comments Staff Response Staff Action Joedy Burdett Bridge Street •Has appealed the Downtown Zoning under AM-2020-007 and will consider appealing a zoning change that adds a C4 Zone on the lands north of Bridge Street through this amendment. •The application of a C4 Zone would be conditional on the final approval of the City’s Downtown Zoning amendment. Not applicable •Questioned how the zoning changes would affect his property and future expansions (Hause's Welding) •Would he be able to build an expansion? •Is there a secondary plan being prepared for the south side of Bridge St? •Mr. Benner asks if all properties have been identified that might be changed •This property is located within the area to be designated Mixed Use 2; and his business would be permitted to continue with a minor expansion but a new use would be subject to the Mixed Use Zoning. •The Transit Area Zoning amendment is under appeal and would therefore not come into effect until approval. Expansions under the current provisions are allowed, future changes under a new zoning would have to meet new provisions. • Both the north and south sides of Bridge St were part of the Transit Station Area Plan, already completed. The Employment Land Needs Study identified that the lands north of Bridge, over the long term, shouldn't be industrial to support the Transit Station Area Secondary Plan (adopted in 2018) •The Open House is a starting point to the conversation regarding the conversion of properties. No action required. Matt Kernahan, U.C. Consulting •Appreciates the considerations put through the study for the additional employment land •An additional slide outlining the criteria that informed the Study is available. Information forwarded Page 10 of 51 Page 145 of 1092 Appendix 1 - Page 2 Name/Author Date (verbal submissions at Open House) Submitted Comments Staff Response Staff Action needs. • Would like some more information on the detailed criteria that informed the decision including the actual conditions on the ground, with respect to natural heritage features. Natural heritage features reduce the acreage available for employment needs (still in the review and recommendation phase) Craig Rohe, UC Consulting •Requested clarity about how the deferral mechanism will work - Council to adopt, Region to approve with some deferral but some tied into Growth Plan Conformity use which is exempt from approval, implementation date. •The deferrals are in relation to items that would to be considered by the Region. We would ask the Region to identify the changes on their new schedule. Since the Region's MCR work is ongoing we would have to seek confirmation from the Region. Deferrals will not be part of the final amending documents. Gregory Marino 7119 Reixinger Road •Opposes the Grassy Brook location for Employment Lands: cited industrial traffic, 24 hour noise, natural areas and impact on wildlife. Will be following up with a list of questions •Comments acknowledged No action at this time Evan Sugden, Bousefields Consulting •Client owns 4431 Victoria Ave. •He will be making a request for an employment land conversion on these lands to mixed use. This would be an amendment to the OPA so the north half would be maintained as employment while southern half would be mixed use. •Comments acknowledged and Staff will evaluate the request. No action at this time Written Comments received through Circulation: Name/Author Date Submitted Comments Staff Response Staff Action Evan Sugden, Bousefields Inc. July 2, 2021 •Re: 4431 Victoria Avenue (1.91 ha in size) •Requesting for a conversion from Employment to a Mixed Use land use designation. •Staff can support the submitted conversion request with the identification of a new Employment Area. The requested land use change will be reflected in the amending documents. Niagara Industrial Association July 12, 2021 •Supportive of the employment amendment as proposed. •No response No action required. Bill Croker June 25, 2021 and July 7, 2021 •Dell Cemetery should be recognized in zoning as something other Industrial or Prestige Industrial. The following changes were suggested: •An Open Space designation and Zoning can be applied to the Cemetery lands. •Residential development in this location to The amending documents can reflect the Dell Cemetery use. No action on suggested changes. Page 11 of 51 Page 146 of 1092 Appendix 1 - Page 3 Name/Author Date Submitted Comments Staff Response Staff Action • The whole area should be residential instead of employment to support hospital staffing •The river frontage should remain accessible to the public. •The exact area of the wastewater treatment plant should be defined. •Does not support employment – prefers residential development of the lands. support the new hospital would be incompatible with the proposed South Niagara Falls Wastewater Treatment Facility and draw the hospital supportive uses away from the Grand Niagara Secondary Plan hospital district. •The Region will define the exact area of the wastewater treatment plant through their process. •The City has identified its needs for employment lands and has sufficient residential lands until 2041. Callum Sheddon, Daniel & Partners, LLP July 12, 2021 •Re: 5789 Lyon’s Creek Rd and 7047 Reixinger Road (Global Country of World Peace) •Opposed to the land use change as the developer wishes to develop the property for mixed use. •It is suggested that the City wait and work in conjunction with the Region’s New Official Plan. •The City has identified its needs for employment lands and has sufficient residential lands until 2041. The Region’s proposed South Niagara Falls Wastewater Treatment Facility would be an incompatible land use for the proposed residential use. •City Staff have collaboratively worked in conjunction with Regional Staff through this Study and the Region’s New Official Plan work. No Action on residential/mixed use request. Jennifer Vida, JV Consulting June 23, 2021 •Re: lands north of Bridge St., east of Victoria Avenue •Supports the Employment Land Strategy and the conversion of her Client’s property from Industrial to Mixed Use 2. •No response – contained within the proposed amendments. No action required. Gregory Marino July 11, 2021 •Re: 7119 Reixinger Rd. •Generally not in favour, several zoning questions were included in the correspondence. •Staff responded in writing to Mr. Marino's questions regarding possible impact on property values, municipal taxes, building No action required. Page 12 of 51 Page 147 of 1092 Appendix 1 - Page 4 Name/Author Date Submitted Comments Staff Response Staff Action enlargement or new uses. (Mr. Marino’s property is currently zoned Industrial, residential expansion currently needs approval for extension of a non-conforming use). Stephan Armstrong, Armstrong Planning July 8, 2021 •Re: 7983-8003 Montrose Rd (Warren Woods) •Warren Woods Land Development Corporation is requesting a mixed use development rather than industrial on their lands. •Staff cannot support the conversion request as these lands are strategically located and have access to the QEW which makes these lands very marketable for future industrial use. No action required. Bob Daniel July 12, 2021 •Generally opposed to the employment lands strategy with regards to the Grassy Brook Area. No other specific comment. •The City has identified need for additional employment lands to accommodate jobs forecast and has sufficient residential lands until 2041. No action required. Joedy Burdett July 13, 2021 •Re: Bridge St. area •Concerns expressed on how the CB4 Zoning affects the property, north of Bridge Street, east of Victoria Avenue. •The zoning concerns were addressed in the Open House discussion most associated with the Transit Station Area Zoning amendment in the Downtown. No action required. Antonio Mancuso, Mancuso Chemicals September 21, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the Employment Lands Strategy. •No response required.No action required. Judy Doerr July 27, 2021 •States that long term planning of land should first have environmental policy standards in place to ensure that natural heritage and water resource systems are never put at risk. •Any future development will required environmental studies with regards to water quality and quantity as well as natural heritage systems. •All natural areas regulated by the NPCA will be reflected on mapping. No action required at this time. Del Rollo, Arterra Wines Canada September 15, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the •No response required.No action required. Page 13 of 51 Page 148 of 1092 Appendix 1 - Page 5 Name/Author Date Submitted Comments Staff Response Staff Action Employment Lands Strategy. John R. McCallum, Garden City Custom Services November 4, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the Employment Lands Strategy. •No response required.No action required. Steven Cohen, Salit Steel September 30, 2021 •Advocates the protection of employment lands in Niagara Falls from residential encroachment and supports the recommendations of the Employment Lands Strategy. •No response required.No action required. (Agency Comments) NPCA August 3, 2021 •No objections subject to the inclusion of all NPCA regulated areas on the OP and Zoning mapping. •It is the intent of Staff to include all regulated areas within the final documents. Regulated areas will be reflected in the amending documents Enbridge Gas June 23, 2021 •No objection No action required. Bell Canada June 25, 2021 •No objection No action required. Niagara Falls Fire Dept August 3, 2021 •No objection No action required. Niagara Falls Transportation Services June 28, 2021 •No objection •No response required.No action required. Niagara Region Planning & Development Services November 5, 2021 •The Employment OPA should be paused until the Region’s new OP is adopted to ensure conformity. •The City’s Employment Strategy forecasts lower densities than the Region’s forecast. •The City’s Employment Strategy does not reflect the Employment forecast set out in the August 2021 Land Needs Assessment, endorsed in principle by Regional Council. •The Employment Strategy should be updated to align the City and Region’s Employment Area boundary. •Niagara Region has actively participated in the drafting of the City’s Employment Lands Strategy. Going forward the City will continue to collaborate with the Region to ensure conformity. •The City’s Employment Lands Strategy completed a more detailed analysis of current and anticipated employment densities. •The forecast used by the Employment Strategy has been updated to reflect the most recent Land Needs Assessment from a more recent starting point of 2020 (rather than 2016 as used by the Region). •City Staff will work with Regional Staff to ensure •Planning Staff have coordinated with Regional Staff with respect to implementing amendments. •All forecasts have been updated. Page 14 of 51 Page 149 of 1092 Appendix 1 - Page 6 Name/Author Date Submitted Comments Staff Response Staff Action alignment of the Employment Area Boundary. PUBLIC MEETING – JULY 13, 2021 Name/Author Date (written & oral) Submitted Comments Staff Response Staff Action Steven Armstrong, Armstrong Planning July 8, 2021 written & oral presentation •Re: Warren Woods Development Corp lands – 25 acres adjacent to Empire Development. •The submission is that this property on Montrose Rd be developed for mixed housing commercial/ mid-rise apartment units as a transition to residential even though there is highway exposure. This is based on the need for rental and affordable housing and mixed use would be suitable. Employment through office and retail on the ground floor of the mixed use portion of the development. •The industrial use of this land was approved through the Warren Woods Secondary Plan. There are industrial uses to the north, south and on the other side of the QEW. •The proposed mixed use would not address the type of employment targeted and needed by the City to meet its 2051 jobs target. Staff does not support the requested conversion to mixed use/residential for these lands. Rocky Vacca Oral •Also speaking on behalf of Empire Development (see above). Suggests that the lands are far removed from other industrial lands. •There are industrial uses to the north, south (intercepted by an environmental area only) and on the other side of the QEW. Staff does not support the requested conversion to mixed use/residential for these lands. Rick Brady Oral June 23, 2021 written •Re: 9104 McLeod Rd (F. Constabile), study recommends industrial to residential and they are in agreement. It would be difficult to put industrial uses on this now because of surrounding residential uses. Deferral of the amendment is questioned, why the need for it here? May apply to other lands but not here - development will be slowed down. Requests the removal of the deferral. •This particular deferral could probably be removed. Deferrals will not be part of the final amending documents. Rocky Vacca Oral •Re: 9104 McLeod Rd •The deferral is not a provision under the Planning Act. What needs to be done to remove •This particular deferral could probably be removed. The removal of this deferral will be incorporated into the recommendation to Page 15 of 51 Page 150 of 1092 Appendix 1 - Page 7 Name/Author Date (written & oral) Submitted Comments Staff Response Staff Action the deferral and what would be the timing? Council. William Overal (did not speak)n/a Paul Potter (did not speak) n/a Jeffrey Dreben (did not speak)n/a Brenda Khes, GSP Group Oral •Re: 9015 Stanley Avenue (King Waldorf lands) •A site selection criteria was not clearly spelled out in the report. The Owners have submitted an application for a comprehensive plan, they had a pre-consultation in 2018 and have been actively working to fulfill reports for the development. •The pre-consultation meeting was 3 years ago and pre-dated the City’s Employment Land Needs Study and the identification of the Region’s proposed South Niagara Falls Wastewater Treatment facility. •A pre-consultation meeting does not confirm Staff or City support for a proposed land use designation change and does not constitute a complete application. •The employment area to the north of these lands and the use of Stanley Avenue as industrial access would be a factor in considering residential use of these lands. The Employment Lands Study identifies a need for a new employment area and all research performed by the Consulting team indicates that Grassy Brook is the preferred location. Page 16 of 51 Page 151 of 1092 APPENDIX 2 to PBD-2022-61 Chronology of Process and Public Consultation to date Date Status Public Consultation early 2020 City retained Watson & Associates Economists Ltd. (Watson), in partnership with Dillon Consulting Ltd. (Dillon) and MDB Insight Inc. (MDB) to conduct an Employment Lands Strategy. - Spring 2020 Background work - the current state of City’s employment lands in terms of their market supply potential, relative strengths and weaknesses by geographic location, and overall market competitiveness Key Stakeholders contacted and invited to participate in telephone interviews (Regional and City Staff and departments, industrial brokers and local industrial based employers) September 2020 Phase 1 Report issued (policy context review and gap analysis, economic trends, current and potential employment land supply, intensification potential, review of Region’s employment area strategy and key stakeholder interviews) Report posted on the City’s Let’s Talk platform April 2021 Phase 2 Report issued (direction regarding employment land needs, a framework and evaluation of potential employment area conversion to non-employment uses, strategic planning policy recommendations and marketing strategies to deliver investment-ready lands) Report posted on the City’s Let’s Talk page. April 2021 PBD-2021-18, Council received the Phase 2 report and direct Staff to proceed to Phase 3, including consultation with the community A copy of the report to Council is posted to the Let’s Talk page. June 18, 2021 Re: draft employment amendments Notice of Open House (date) and Public Meeting (June 19, 2021) published in the Niagara Falls Review, on the City’s webpage and mailed to all affect property owners (within 200m) and commenting agencies June 18, 2021 Draft amending documents Made available for public and agency review (including City’s Let’s Talk platform) June 29, 2021 Open House 5 speakers 14 written submissions (some speakers also submitted written submission) during consultation through to Public Meeting July 13, 2021 Statutory public meeting 5 speakers December 2021 PBD-2021-79, Council received the Phase 3 Report, directed Staff to prepared draft Official Plan and Zoning By-law Amendments for additional stakeholder consultation and for consideration and adoption at a later date. Let’s Talk page updated with the decision/direction of Council. All comments received to date was included as an Appendix to PBD-2021-79 with Staff response. July 4, 2022 Notification of draft amendments made available online for review and comment Sent by email to all those who attended or spoke at the previous Open House or Public Meeting or requested notification through the Let’s Talk page, email or by telephone. July 8, 2022 Formal notification of 2nd Public Meeting for review of draft amendments Sent by email or mail to all those Sent by email to all those who attended or spoke at the previous Open House or Public Meeting or requested notification through the Let’s Talk page, email or by telephone. August 9 2nd Public Meeting with draft amendments Page 17 of 51 Page 152 of 1092 APPENDIX 3 to PBD-2022-61 SUMMARY OF COMMENTS received for the August 9, 2022 Second Public Meeting Name/Author Date of submission Submitted Comments Staff Response Staff Action William Croker July 11, 2022 •A request was made to see a map with the location of the Region’s Waste Water Treatment facility overlaid over the proposed zoning amendment (to show lack of land for industrial and that residential use would be better) •A copy of a map was forwarded to Mr. Croker as requested. Staff are still supportive of the employment area use of the lands. •No changes to the recommendation or draft amendments. Matt Kernahan (Upper Canada Consultants) July 19, 2022 •Re: 9304 McLeod Road •Noted that a 2021 NPCA Permit was obtained to relocate the watercourse and associated floodplain and requested that the mapping for the OP and Zoning By-law amendments reflect this. •Requested that the SPA provision apply to the whole of the lands. •Requested that the DH zoning apply to the whole of the lands save and except the floodplain area. •The City has not received updated regulated area mapping from the NPCA for these lands. •Lands located to the east of the floodplain are already designated residential (Schedule A3 – Garner South Secondary Plan) •Lands located to the east of the floodplain are already zoned DH in By-law 79-200. •Mapping in the OP can be updated without further amendment once updated mapping is received from the NPCA. •No action is required for the Official Plan and Zoning By-law amendment schedules since the designations already apply to those lands. Niagara Region July 27, 2022 •The policies should identify Core and Dynamic Employment Areas on Schedule A-7. •add employment density forecasts for Employment Areas. •clarification that the conversion of lands within an Employment Area can only be made through a Regionally led Municipal Comprehensive Review and that conversions of Employment Lands must not only meet the criteria listed by the Municipality but also ensure that the conversion will result in no net loss of employment numbers. •additional wording to the Special Policy Area designation for 9304 McLeod Road note that any future Planning Act Application will be subject to further studies addressing employment land conversion (Policy 8.32, job replacement showing how future jobs will be provided on the lands) and risk assessment of residential encroachment on employment land uses. •Changes can be incorporated prior to adoption of the amendments to ensure conformity •Changes will be made within the amendments where required Page 18 of 51 Page 153 of 1092 OFFICIAL PLAN AMENDMENT NO. XXX PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting employment lands that implement the recommendations of the City of Niagara Falls Employment Lands Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls currently designated for employment (industrial) uses as well as those lands proposed to be re-designated as part of this amendment, either from a current employment (industrial use) to a new land use or from an existing land use to an employment land use. (iii) Details of the Amendment Map Change • Schedule A is amended to illustrate the City’s designated employment lands. The ‘Industrial’ land use designation within the leg end of Schedule A is amended such that the word ‘Industrial’ is replaced with the word ‘Employment’ • Schedule A-5 is amended to illustrate the recommended conversions within the Transit Station Secondary Plan • Schedule A-7 is a new schedule depicting the City’s employment lands, Employment Areas, the Gateway Economic Zone, and the Region’s Employment Area overlay Text Change • The amendment updates Section 8 - Industrial of the Official Plan to address issues of consistency and conformity with Provincial and upper- tier plans, as well as general reorganization. • Minor revisions were made throughout the Official Plan, related to the replacement of the word ‘Industrial’ with the word ‘Employment’ and other clarifications respecting employment lands and Employment Areas. (iv) Basis of the Amendment Watson & Associated Economists Ltd (Watson), in partnership with Dillon Consulting Ltd (Dillon), and MDB Insight Inc. (MDB), were retained in the winter of 2020 by the City of Niagara Falls to conduct an Employment Lands Strategy with the intent to provide a long-term vision and planning policy framework for the City to enhance the competitive position for industrial and office employment. The study assessed the City’s long-term employment land needs to the 2051 planning Page 19 of 51 Page 154 of 1092 horizon, considered the adequacy and marketability of the City’s ‘shovel-ready’ employment lands in the near-term, and provided a number of policy recommendations for implementation to achieve consistency, conformity and alignment with upper-tier and provincial planning policy. The Niagara Falls Employment Land Strategy was subject to a number of stakeholder sessions, as well as a public consultation process on the proposed recommendations and implementing amendments to the Official Plan and Zoning By-law. A Statutory Public meeting under the Planning Act was held on July 13, 2021. Page 20 of 51 Page 155 of 1092 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. XX to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES a) SCHEDULE A – FUTURE LAND USE PLAN of the Official Plan is amended by: i) revising the legend to replace the word ‘Industrial’ with the word ‘Employment’; ii) redesignating lands currently identified as ‘Resort Commercial’ to ‘Employment’ as shown on the map attached entitled “Map 1 to Amendment No. XX; iii) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 2 to Amendment No. XX; iv) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 3 to Amendment No. XX; v) redesignating lands currently identified as ‘Industrial’ to ‘Residential’ and identified as Special Policy Area XX as shown on the map attached entitled Map 4 to Amendment No. XX. b) SCHEDULE A-5 – TRANSIT STATION SECONDARY PLAN AREA is amended by redesignating a portion of the lands currently identified as ‘Employment’ to ‘Mixed Use 2’ as shown on the map attached entitled Map 5 to Amendment No. XX c) A new SCHEDULE A-7 –EMPLOYMENT LANDS is added as shown on the map attached entitled “Map 6 to Amendment No. XX”. 2. TEXT CHANGES a) TABLE OF CONTENTS is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. b) PART 1, SECTION STRATEGIC POLICY DIRECTION is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “…In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non-employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependent on cross-border trade and the movement of Page 21 of 51 Page 156 of 1092 goods. It is the intent of this Plan to identify these areas and protect them for future employment. Schedule A-27 identifies the Gateway Economic Zone, which are is comprised of the total geographic area of lands within the Urban Area Municipalities of Niagara Falls and Fort Erie, which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. Lands within the Niagara Economic Gateway are preferred for the identification of future Employment Areas and Provincially Significant Employment Zones. It is the intent of this Plan to identify these areas and protect them for future employment.” c) PART 1, SECTION 2, GROWTH OBJECTIVES is amended by replacing the word ‘Industrial’ with the word ‘Employment’ within Objective 12. d) PART 1, SECTION 2, POLICY 2.7 is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “2.7 The City shall identify lands Employment Areas located within the Urban Area along the Queen Elizabeth Way, are identified on Schedule A-7. Lands within these Areas are to be protected for employment uses under the Gateway Economic Zone directive of the Province. The City may identify future employment areas where required, which would become an Employment Area following a settlement area boundary expansion exercise.” e) PART 1, SECTION 3, INTENSIFICATION, is amended by: i) replacing the word ‘Industrial Areas’ with the word ‘Employment Areas’ in POLICY 3.10. ii) replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.16.12 . iii) adding the word ‘and’ after the word ‘service commercial’ and before the word ‘employment’; and, deleting the words ‘and industrial’ after the word ‘employment’ and before the word ‘uses’ in POLICY 3.20. iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.20 f) PART 2, SECTION 1, POLICY 1.16.3 (vi) is amended by replacing the word ‘industrial’ with the word ‘employment’. g) PART 2, SECTION 4, is amended by: i) replacing the word ‘PART 2’ with the word ‘PART 4’; and, replacing the phrase ‘Sections 2.9 and 2.10’ with ‘Section 8’ in POLICY 4.1.4. ii) replacing the word ‘industrial’ with the word ‘employment’ in POLICY 4.2.7.1 a). h) PART 2, SECTION 8 INDUSTRIAL, is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. i) PART 2, SECTION 8, PREAMBLE is amended as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: Page 22 of 51 Page 157 of 1092 It is the intent of this Plan to provide opportunities for the expansion of existing industry and the stimulation of new industrial growth . Employment lands and Employment Areas within the City will provide a diverse collection of parcels and opportunities for Greenfield development and intensification of existing employment sites in order to allow the City competitively respond to market demands and meet employment needs to 2051. The City’s Employment Areas and employment lands are shown together on Schedule A-7- Employment Lands. Objectives To this end, t The policies of this Plan promotes • infilling and redevelopment within established industrial districtsEmployment Areas in the Built-up Area; as well as • the progressive development of lands vacant employment lands within the Built-up area and within the Greenfield Area for new industry and employment uses; and • In accommodating the changing needs of industry and business growth trends . Emphasis will be placed on improved aesthetics and environmental quality, including measures which will safeguard the integrity of adjacent land uses. The proximity of employment uses to residential and other uses is critical in the future growth of the City as a complete community. The contribution of employment to economic growth and diversity is clearly recognized in this Plan. In order to maintain a strong and competitive resource base, programs which provide for the enhancement of industrial districts Employment Areas and the attraction of new firms will be pursued. j) PART 2, SECTION 8, POLICIES is deleted and replaced with the following: 8.1 The lands designated Employment are shown on Schedule A – Future Land Use Plan. The City’s Employment Areas and employment lands are shown together on Schedule A7- Employment Lands. 8.2 The primary uses permitted in areas designated on Schedule "A" as Employment will be for: manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laborat ory and research, and storage. All forms of service industries and utilities are included within this definition. Adult entertainment parlours and body-rub parlours will also be permitted within the employment designation subject to other policies of this plan. In addition, the following uses may be permitted on employment lands, subject to the policies of Subsection 8.14. 8.2.1 Uses that are ancillary to an employment use, including offices, retail and wholesale showrooms and outlets for products produced on the premises. 8.2.2 Commercial services such as, but not limited to, banks, restaurants, convenience retail outlets, material suppliers, which are incidental to the Employment Area, servicing industries and their personnel. Page 23 of 51 Page 158 of 1092 8.8.3 Corporate and business offices. 8.8.4 Health and fitness facilities, conference centres and private clubs. 8.3 Several categories of employment land uses will be established in the Zoning By-law to accommodate a variety of activities ranging from heavy industrial to prestige employment uses. Moreover, employment zones will be arranged in a gradation with the lighter, more prestige type uses located near residential areas and other sensitive land uses. In the zoning of lands for employment purposes, regard will be had to the following objectives. 8.3.1 To group employment uses with similar characteristics and performance standards. 8.3.2 To provide a suitable environment for employment uses, free from interference and restriction by other uses. 8.3.3 To minimize potential land use conflicts caused by the indiscriminate mixing of heavier and light industrial types. 8.3.4 To protect adjacent lands, particularly residential areas from the effects of incompatible uses. 8.3.5 General industrial or heavy industrial uses will b e separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. 8.4 Council will consider amendments to the Zoning By-law to permit the establishment of free-standing offices, recreational and commercial services and other complementary land uses within Employment Areas that are not planned for industrial or manufacturing uses in order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. 8.4.1 Employment Areas are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in considering the use of Employment Areas for non-employment purposes in order to promote employment as the predominant land use. 8.4.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for em ployment and business uses which require visual prominence and which foster a good impression of the community. 8.4.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall be discouraged to proliferate along arterial road frontages. Page 24 of 51 Page 159 of 1092 8.4.4 Commercial and office developments generate higher densities of employment and visits by the public. Where such development is proposed, Council will ensure that appropriate provision is made for on-site parking, traffic circulation, transit and pedestrian safety. Where appropriate, the City will encourage a variety of transportation demand management measures for higher density employment uses. 8.4.5 The integration of businesses and other complementary land uses with industrial/employment uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. 8.5 The Province may identify Provincially Significant Employment Zones and provide specific direction for planning within an identified Provincially Significant Employment Zone to be implemented through appropriate Official Plan policies, designations and economic development strategies. The City will work with the Region and the Province to identify, plan for, and protect Provincially Significant Employment Zones. 8.6 While the Province has not identified any Provincially Significant Employment Zone within the City of Niagara Falls, the City will integrate any identified Provincially Significant Employment Zone into Schedule A-7 of the Official Plan. Any updates to the Official Plan mapping respecting a PESZ to reflect changes made by the Province can be completed without the need for an Amendment to this Plan. 8.7 Council will coordinate with the Region in promoting development of the City’s employment lands. Council may pass by-laws, acquire and develop lands or otherwise ensure an adequate supply of serviced land is available for prospective employment developments. 8.8 The City will take a co-ordinated approach to planning for large areas with high concentrations of employment that cross municipal boundaries and are major trip generators, including co-ordination on matters such as transportation demand management and economic development. 8.9 The development of new employment uses on vacant employment lands within the City’s Urban Area is encouraged. 8.10 The redevelopment and intensification of existing employment uses within the Built-up Area with uses that are compatible with surrounding land uses is encouraged. 8.11 In order to maintain land use compatibility, within Employment Areas planned for industrial or manufacturing uses, residential uses and other sensitive land uses that are not ancillary to the primary employment uses are prohibited from encroaching on Employment Areas and an appropriate transition to employment areas should be provided. Page 25 of 51 Page 160 of 1092 8.12 Development proposals for employment uses on designated employment lands shall be planned and developed to avoid and minimize potential adverse effects from odour, noise and other contaminants, minimize the risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with Provincial guidelines, standards and procedures. 8.13 Where avoidance is not possible in accordance with Policy 8.12, the long- term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted where the following are demonstrated: 8.13.1 there is an identified need for the proposed use, 8.13.2 alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations, 8.13.3 adverse effects of employment uses on the proposed sensitive land use are minimized and mitigated, and, 8.13.4 potential impacts of sensitive uses on industrial, manufacturing or other uses are minimized and mitigated as demonstrated through studies. 8.14 Employment uses which are offensive or dangerous to the general health, safety and welfare of community residents shall only be permitted through site specific zoning amendments, where deemed appropriate. 8.15 In order to ensure that obsolete industrial bu ildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development. 8.16 Adequate vehicular access, off-street parking and loading facilities will be required in clearly defined areas for all development and redevelopment within employment lands and areas. Where possible, development plans for new employment uses or the expansion of existing employment uses should seek to minimize surface parking, where possible, and, where necessary, provide a high-quality design of surface parking on the site. 8.17 Development proposals on lands adjacent to existing employment uses are encouraged to integrate the design and dimensions of structures, parking areas and access points with those of the adjacent uses. 8.18 As far as possible, traffic generated by employment uses will be prohibited from penetrating designated Residential areas. 8.19 Signs in Employment Areas will be regulated by appropriate by -laws in order to avoid conflicts with effective traffic control and the general amenity of the area. Page 26 of 51 Page 161 of 1092 8.20 In order to enhance the viability of Employment Areas, Council, where feasible and deemed appropriate, will encourage the appropriate authorities to establish, maintain and improve the accessibility of Employment Areas through the provision of highways, interchanges, arterial roads, bridge, rail and public transit services. 8.21 Council will encourage and, where feasible, assist in the relocation of uses not permitted in areas designated for employment purposes and in the relocation of existing industries located outside of designated employment lands and Employment Areas into such areas. 8.22 Council will encourage and where feasible, assist in programs for the improvement of the appearance and amenity of employment lands and Employment Areas. 8.23 (OPA #45, approved January 2003) Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body-rub parlours currently exist throughout various geographic areas of the City. It is the intent of this Plan to provide guidance and direction with respect to appropriate areas of any new licensed adult entertainment parlours and body-rub parlours or their relocation. Generally, adult entertainment parlours and body-rub parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body-rub parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban uses. In order to minimize adverse effects, adult entertainment parlours and body-rub parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body-rub parlour or adult entertainment parlour. The 300-metre separation distance noted above shall not apply in cases where the QEW, hydro canal and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body -rub parlour Page 27 of 51 Page 162 of 1092 buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. Notwithstanding this policy, the property municipally known as 8675 Montrose Road, situated at the southwest corner of Montrose Road and Chippawa Creek Road, is excluded from the 100-metre setback requirement from the QEW. In addition to the above, neither adult entertainment parlours nor body -rub parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development of a Christian resort commercial development. These lands are also considered as a sensitive land use and adult entertainment parlour and body -rub parlour buildings shall be separated from these lands by a minimum distance of 300 metres. Further, the industrial employment lands situated along the north side of Bridge Street, east of Victoria Avenue, are not suitable for an adult entertainment parlour or body -rub parlour. It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body-rub parlours within one geographic area of the City. In order to avoid clustering, the City's zoning by -law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body-rub parlours.” k) PART 2, SECTION 8, GREENFIELD AREA is amended by: i) renumbering Policy 8.5 to Policy 8.24 and replacing the word ‘industrial’ with the word ‘employment’ ii) by renumbering Policy 8.6 to Policy 8.25 and subsequently renumbering the sub-policies accordingly iii) is amended by replacing the word ‘industrial’ with the word ‘employment’ in Policy 8.25.4 (former Policy 8.6.4) iv) renumbering Policy 8.7 to Policy 8.26 and subsequently renumbering the sub - policies accordingly l) PART 2, SECTION 8, QEW EMPLOYMENT CORRIDOR is amended by: i) renumbering Policy 8.8 to Policy 8.27 and subsequently renumbering the sub - policies accordingly. ii) by modifying the second and third paragraphs in Policy 8.27 (former Policy 8.8) as shown below, with deletions shown in a strikethrough and additions shown highlighted and underlined: “The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such Page 28 of 51 Page 163 of 1092 lands within the City's urban area can be capitalized on for future employment growth. The corridor, located along the QEW as shown on Schedule A -2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under-utilized parcels within the Built-up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The urban areas of Niagara Falls and Fort Erie are identified as the Gateway Economic Zone The Gateway Economic Zone is comprised of the total geographic area of the municipalities of Niagara Falls and Fort Erie, including all major goods movement facilities and corridors identified by the Region. which. The Gateway Economic Zone is to be developed to support economic diversity and the promotion of cross-border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non -employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City.” m) PART 2, SECTION 8, GENERAL POLICIES is deleted in its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through Modification “i)” of this document. n) PART 2, SECTION 8, amended by adding a new sub -section, EMPLOYMENT CONVERSIONS, as shown below: “EMPLOYMENT CONVERSIONS 8.28 The City may permit the conversion of lands within E mployment Areas to non-employment uses but only through a municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 8.29 and where it meets at least one of the following strategic objectives: 8.28.1 promotes brownfield redevelopment, 8.28.2 addresses issues related to land use incompatibility in accordance with Policy 8.13 of this section, 8.28.3 provides affordable housing, or, Page 29 of 51 Page 164 of 1092 8.28.4 meets any of the other strategic direction of this Plan. 8.29 The conversion of lands within Employment Areas to non-employment uses may be permitted only through a Municipal Comprehensive Review where it is demonstrated that 8.29.1 there is a need for the conversion; 8.29.2 the lands are not required over the horizon of this Plan for the employment purposes for which they are designated; 8.29.3 the City will maintain sufficient employment lands to accommodate the forecasted employment growth to 2051; 8.29.4 the proposed uses would not adversely affect the overall viability of the Employment Area or the achievement of the minimum intensification and density targets of this Plan and the Growth Plan, as well as any other applicable policies of this Plan and the Growth Plan; 8.29.5 there is existing or planned infrastructure in place to accommodate the proposed use; and, 8.29.6 cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. 8.30 Notwithstanding Policy 8.29, until the next Municipal Comprehensive Review, lands within existing Employment Areas may be converted to a designation that permits non-employment uses, provided the conversion would: 8.30.1 Satisfy the requirements of Policy 8.28; 8.30.2 Satisfy the requirements of Policies 8.29.1, 8.29.2 and 8.29.6; 8.30.3 Maintain a significant number of jobs on those lands through the establishment of development criteria; and, 8.30.4 Not include any part of an Employment Area identifi ed as a Provincially Significant Employment Zone unless the part of the Employment Area is located within a Major Transit Station Area as delineated in the Growth Plan. 8.31 Conversion of brownfield sites to non-employment uses, where the removal of the employment land is consistent with a Municipal Comprehensive Review, may be considered through an amendment to this Plan where at least one of the following criteria are met: 8.31.1 the reduction or elimination of any long-standing land use compatibility issues with surrounding conforming uses, 8.31.2 provision of affordable housing, Page 30 of 51 Page 165 of 1092 8.31.3 contributing to a mix of housing types and densities in the planning area, or; 8.31.4 the provision of facilities that assist in the development of a complete community. 8.32 The City may consider conversion of employment lands located outside of an Employment Area, subject to ensuring space is retained for a similar number of jobs to remain accommodated on the site and compliance with the criteria outlined in Policy 8.28. o) PART 2, SECTION 13, SPECIAL POLICY AREAS is amended: i) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.4, ii) by replacing the words ‘employment area’ with the words ‘Employment Area’ in Policy 13.7, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.7.1, iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.1i), v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.4, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.15, vii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.25, viii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.34.6, ix) by replacing the words ‘employment areas’ with the words ‘Employment Areas’ in Policy 13.44.4 x) by replacing the word ‘industrial’ with the word ‘employment’ in both instances within Policy 13.44.5, xi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.51.4, xii) amended by replacing the word ‘industrial’ with the word ‘employment’ in both instances; and replacing the word ‘properties’ with the word ‘property’ in Policy 13.56.2.2, xiii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57, xiv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57.2.2b), Page 31 of 51 Page 166 of 1092 xv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.57.2.2c), xvi) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.62, xvii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.62.1, and xviii) by adding the following new policy: Policy 13.XX SPECIAL POLICY AREA “xx”. Special Policy Area “xx” applies to XX hectares of land on the south side of McLeod Road, east of Beechwood Road. The Residential designation of the lands will come into effect upon approval by the Niagara Region. Notwithstanding the policies contained in Part 2, Section 1, development of the lands will be subject to a 10m height restriction within a 2km radius of Phosphine Storage on Cytec Industries lands as shown on Appendix A to the Cytec Canada Inc. Emergency Response Plan, dated July 23, 2016. p) PART 3, SECTION 1, Policy 1.5.6 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in both instances q) PART 3, SECTION 2, Policy 2.3.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ r) PART 3, SECTION 6, Policy 6.7.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ s) PART 3, SECTION 7, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 7.3; and ii) amended by replacing the word ‘industrial’ with the word ‘employment’ in all instances within Policy 7.3ii). t) PART 4, SECTION 2 is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3.11; ii) by deleting Policy 2.6.10 in its entirety and replacing it with the following: “2.6.10 Compliance with the applicable policies of Section 8, when considering the conversion of Employment Areas.” iii) by deleting EMPLOYMENT LAND CONVERSIONS its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through modification “m” of this document. u) PART 4, SECTION 5, Policy 5.3 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ Page 32 of 51 Page 167 of 1092 v) PART 4, SECTION 6, Policy 6.5 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ w) PART 4, SECTION 10, Policy 10.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ x) PART 4, SECTION 11, Policy 11.3.9 is amended by replacing the word ‘industrial’ with the word ‘employment’ y) PART 5, SECTION 1 GARNER SOUTH, is amended: i) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.6, ii) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.7.1, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(b), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(c)’, v) by replacing the word ‘areas’ with the word ‘lands’ in Policy 2.8.6, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.13.3 , z) PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.11, ii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.2, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.7.3(a), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.4, v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.5, vi) by replacing the phrase ‘at employment areas’ with the phrase ‘on employment lands and in Employment Areas.” in Policy 3.13.5.3c); and vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 4.14. aa) PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, is amended by: i) by replacing the word ‘areas’ with the word ‘uses’ in Principle 7 – Create Employment Opportunities; Objectives, bullet seven (7), ii) by deleting the word ‘Area’; and, replacing the phrase ‘Employment Areas’ with the phrase ‘employment lands’ in Policy 1.8.3, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.13.8 , iv) with the deletions shown in a strikethrough and additions shown highlighted and underlined to Policy 2.2 as shown below: Page 33 of 51 Page 168 of 1092 “2.2 Automobile service stations shall be permitted in Mixed Use and on employment Areas lands, subject to the following criteria:” v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3, vi) by replacing the word ‘areas’ with the word ‘lands’ in Policy 3.2.6, vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 3.2.10 , viii)by replacing the word ‘areas’ with the word ‘lands’ in Policy 4.1.11.4 , ix) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 5.6. bb) PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Principle 1: Create a Healthy, Complete Community, Objectives, bullet five (5), ii) replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.5, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances in Policy 2.2.2.4, iv) replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.2.3 , v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 7.3. cc) APPENDIX I, DEFINITIONS is amended as follows: i) “Employment Lands” is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined: “Employment Lands Area”- an areas of land designated in an official plan for clusters of business and economic activities including, but not limited to, uses being: manufacturing, warehousing, offices uses and associated retail and ancillary uses. uses associated with or facilities ancillary to them; and areas supporting opportunities for cross-border trade, movement of goods and tourism.” ii) adding the following new defined term “Employment Lands” after the defined term “Employment Area” and before the defined term “Endangered Species”: “Employment Lands”- a broad range of lands designated for employment uses that may be located within or outside of Employment Areas, including light, medium and heavy industrial, business parks and rural employment lands. Employment lands accommodate primarily export-based employment, including a wide range of industrial uses (e.g., manufacturing, distribution/ logistics, transportation services) as well as specific commercial and institutional uses (e.g., office, service commercial, ancillary/ accessory retail) as set out in the Zoning By-law” iii) adding the following new defined term “Gateway Economic Zone” after the defined term “Forest Resource Areas” and before the defined term “Greening”: Page 34 of 51 Page 169 of 1092 “Gateway Economic Zone”- settlement areas identified in A Place to Grow: Growth Plan for the Greater Golden Horseshoe and conceptually depicted on Schedules 2, 4 and 6, that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Gateway Economic Zone is shown on Schedule A-7 of the City of Niagara Falls Official Plan. iv) adding the following new defined term “Municipal Comprehensive Review” after the defined term “Mineral Resource Areas” and before the defined term “Natural Heritage Corridor”: “Municipal Comprehensive Review”- a new official plan, or an official plan amendment, initiated by an upper-or single-tier municipality under Section 26 of the Planning Act that comprehensively applies the policies and schedules of the Growth Plan for the Greater Golden Horseshoe v) amended by adding the following new defined term “Provincially Significant Employment Zone” after the defined term “Progressive Rehabilitation” and before the defined term “Portable Asphalt Plants”: “Provincially Significant Employment Zones”- Areas defined by the Minister in consultation with affected municipalities for the purpose of long -term planning for job creation and economic development. Provincially Significant Employment Zones can consist of Employment Areas as well as mi xed-use areas that contain a significant number of jobs. Page 35 of 51 Page 170 of 1092 WELLAND RIVER POWER CANAL ISLAND POWER CANAL GRASSY BROOK LYONS CREEK TEE CREEK QEW LYONS C R E E K R DMONTROSE RDSTANLEY AV&BLACKBURN PY KISTERRDD Y M E N T CR&GRASSY BROOK RD BIGGAR RD P R O G R E S S S T LOGA N RDEARLTHOMASAVDONMURIESTBECKRD STANLEYAVMCCREDIERDWILLODELL RD REI XINGE R RD DELLRDCHIPPAWA PYDORCHESTE RRDOAKWOODDRK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 600 m Scale 1:12,000 Legend Land Use Employment Environmental Conservation Area Environmental Protection Area Open Space Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Proposed Change from Resort Commercial to Employment Map 1 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 36 of 51Page 171 of 1092 &BEAVERTONBV BEAVERGLENDRBEAVERDAMSRD BEAVERVALLEYWYKALARRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 40 m Scale 1:900 Legend Official Plan Minor Commercial Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 2 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 37 of 51Page 172 of 1092 B IA M O N T E C R V A L L E Y W Y PORTAGERDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 40 m Scale 1:907 Legend Official Plan Minor Commercial Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 3 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 38 of 51Page 173 of 1092 SPECIAL POLICY AREA XX MATTEODREMILY BVJONATHANDRPARSASTSHERRILEECR GARNERRDMC G A RRY DR &WARREN WOODS AV MC LE O D RD BEECHWOODRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 240 m Scale 1:4,780 Legend Official Plan Residential Special Policy Area Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 4 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 39 of 51Page 174 of 1092 BRIDGE ST STLAWRENCEAVCRYSLERAVSTCLAIRAV&MUIRAVB U T TR E Y S T FIRSTAVQUEEN STVICTORIAAV STANTONAVHICKSONAVBROUGHTONAVMARTINAVMAPLE ST BUCKLEYAVPARK STDYSONAV K:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 120 m Scale 1:2,600 Legend Official Plan ECA Mixed Use 2 Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 5 to Amendment No. xx to the Official Plan Schedule "A-5" - Transit Station Secondary Plan Area Area affected by this Amendment Page 40 of 51Page 175 of 1092 N i a g a r a R i v e r CANADA UNITED S T A T E S O F A M E R I C A Wellan d Ri v er CITY OF THOROLD CITY OF WELLAND CITY OF ST. CATHARINES TOWN OF NIAGARA-ON-THE-LAKE CITY OF PORT COLBORNE TOWN OF FORT ERIE UNITED STATES OF AMERICA QEW 405 420 K:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx Updated to: June 2022 /0 4 Km Legend Employment Area Niagara Economic Zone Employment Lands Scale: 1:64,400 Map 6 to Amendment No. xx to the Official Plan NOTE: THE SCHEDULE FORMS PART OF AMENDMENT NO._ TO THE OFFICIAL PLAN FOR NIAGARA FALLS AND SHOULD BE READ IN CONJUNCTION WITH THE WRITTEN TEXT. Schedule A-7 Employment Lands Page 41 of 51 Page 176 of 1092 CITY OF NIAGARA FALLS By-law No. 2022- XX A by-law to amend Willoughby By-law 395, 1966 to move certain lands from Willoughby By- law 395 (1966) to Zoning By-law 79-200 and, in doing so, rezone a portion of the lands to be brought into By-law 79-200 currently zoned Tourist Commercial 19.225 in Willoughby By-law 395, 1966 to Prestige Industrial (PI) and Environmental Protection Area to implement the recommendations of the City of Niagara Falls Employment Lands Strategy. This Amendment is to be implemented in coordination with By-law No. 2022-XX (AM-2021-013) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are identified on Schedule 1 of this By-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this By-law. 2. The purpose of this by-law is to amend the provisions, regulations and Schedules of By-law No 396 (1966) to remove the Lands so that the Lands can be added to and placed under the control of By-law 79-200. 3. The Lands shown on Schedule 1 of this By-law are hereby removed from Willoughby By-law 395, 1966 and incorporated into Sheet B-7, Sheet C-7 and Sheet D-7 of Schedule “A” of By-law 79-200 and identified as described in associated By-law No. 2022-XX. Read a First, Second and Third time; passed, signed and sealed in open Council this th day of , 2022. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 42 of 51 Page 177 of 1092 WILLODELL RD R E IXING E R RD BECKRDLOG AN RDSTANLEYAVDONMURIESTDELLRD CHIPPAWA P YDORCHESTERRDOAKWOODD RW E L L A N D R I V ERPOWERCANAL QEW STANLEY AVMONTROSE RDLYONS C R E E K R D SCHEDULE 1 TO BY-LAW NO. 2022- Extent of Lands to be removed from the jurisdiction of By-law 395 (1966) Amending Zoning By-law No. 395 (1966) Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/3/2022 Description: NTS LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOT 3, LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCESSION IN THE FORMER TOWNSHIP OF WILLOUGHBY. CITY OF NIAGARA FALLS 272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900, 272513000304700 Page 43 of 51 Page 178 of 1092 CITY OF NIAGARA FALLS By-law No. 2022 XX A by-law to amend By-law No. 79-200, to rezone various lands within the City of Niagara Falls and introduce industrial lands into By-law No. 79-200 which were formerly in Willoughby By- law 395, 1966 to implement the recommendations of the City of Niagara Falls Employment Lands Strategy (AM-2021-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedules 1 through 5 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1 through 5 are a part of this by-law. 2. The purpose of this by-law is to remove certain lands from their current industrial zone into an appropriate zone as described in 3 through 6 below; add Industrial lands to By- law 79-200 which were formerly in Willoughby By-law 395, 1966 as described in 7 below; and, amend specific exceptions and provisions as described in 8 through 11 below. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. The Lands shown on Schedule 1 to this By-law are hereby redesignated from LI, LI- 64 and GI-63 to CB4 and LI-54 to CB4-54 upon By-law 2021-040 coming into effect. 4. The Lands shown on Schedule 2 to this By-law are hereby redesignated from LI to NC. 5. The Lands shown on Schedule 3 to this By-law are hereby redesignated from GI-281 to NC, with any exceptions that apply to be repealed. 6. The Lands shown on Schedule 4 to this By-law are hereby redesignated from LI and HL to Development Holding (DH) Zone. 7. The Lands shown on Schedule 5 to this By-law are removed from Willoughby By-law 395 as approved through associated By-law No. 2022-XX and added to By-law 79- 200 with a PI, OS and EPA designation applied. None of the provisions of By-law No. 395, 1966 shall apply to prevent the Lands shown on Schedul e from being added to and placed under the control of By-law No. 79-200. 8. By-law 1981-62 regarding exception and provision number 19.1.53 is repealed. 9. By-law 1995-50 regarding exception and provision number 19.1.281 is repealed. 10. By-law 1981-62 Exception and Provision number 19.1.54 is amended as shown below with deletions shown with a strikethrough and additions shown highlighted and underlined, upon By-law 2021-040 coming into effect: “None of the provisions of section 11.2.1 8.5.2.D shall apply to prevent the use of the land on the east side of Victoria Avenue designated LI CB4 and numbered 54 on Sheet D3 of Schedule "A", as amended, or the erection or use of a building or structure thereon for the purpose of an automobile service station provided that all of the Page 44 of 51 Page 179 of 1092 2 regulations in Section 8.9.2, as amended, for an automobile service station in an AS Zone shall apply to such automobile service station on the said land; Refer to By -law No. 2019.74.” 11. The provisions of this by-law shall be shown on Sheets B4, B7, C4, C6, C7, D3, and D7 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands as shown on Schedules 1 through 5. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXX, 2022. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 45 of 51 Page 180 of 1092 Page 46 of 51 Page 181 of 1092 V A L L E Y W Y PORTAGERDNC SCHEDULE 2 TO BY-LAW NO. 2022- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/2/2022 LI to NC Description: NTS 272506000207800; 272506000206000; 272506000207603 5796 VALLEY WAY; 5750 VALLEY WAY AND 5270 PORTAGE ROAD; PART OF LOT 113, TOWNSHIP OF STAMFORD CITY OF NIAGARA FALLS Page 47 of 51 Page 182 of 1092 Page 48 of 51 Page 183 of 1092 GARNERRDMCLEOD RD BEECHWOODRDDH DH DH SCHEDULE 4 TO BY-LAW NO. 2022- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/2/2022 LI to DH HL to DH Description: NTS 9304 MCLEOD ROAD PLUS VACANT LANDS ON THE WEST SIDE OF BEECHWOOD DRIVE, SOUTH OF MCLEOD ROAD, BEING PART OF LOT 191, FORMER TOWNSHIP OF STAMFORD CITY OF NIAGARA FALLS 272511000207700; 272511000200100 Page 49 of 51 Page 184 of 1092 Page 50 of 51 Page 185 of 1092 APPENDIX 3 to PBD-2022-61 SUMMARY OF COMMENTS received for the August 9, 2022 Second Public Meeting Name/Author Date of submission Submitted Comments Staff Response Staff Action William Croker July 11, 2022 •A request was made to see a map with the location of the Region’s Waste Water Treatment facility overlaid over the proposed zoning amendment (to show lack of land for industrial and that residential use would be better) •A copy of a map was forwarded to Mr. Croker as requested. Staff are still supportive of the employment area use of the lands. •No changes to the recommendation or draft amendments. Matt Kernahan (Upper Canada Consultants) July 19, 2022 •Re: 9304 McLeod Road •Noted that a 2021 NPCA Permit was obtained to relocate the watercourse and associated floodplain and requested that the mapping for the OP and Zoning By-law amendments reflect this. •Requested that the SPA provision apply to the whole of the lands. •Requested that the DH zoning apply to the whole of the lands save and except the floodplain area. •The City has not received updated regulated area mapping from the NPCA for these lands. •Lands located to the east of the floodplain are already designated residential (Schedule A3 – Garner South Secondary Plan) •Lands located to the east of the floodplain are already zoned DH in By-law 79-200. •Mapping in the OP can be updated without further amendment once updated mapping is received from the NPCA. •No action is required for the Official Plan and Zoning By-law amendment schedules since the designations already apply to those lands. Niagara Region July 27, 2022 •The policies should identify Core and Dynamic Employment Areas on Schedule A-7. •add employment density forecasts for Employment Areas. •clarification that the conversion of lands within an Employment Area can only be made through a Regionally led Municipal Comprehensive Review and that conversions of Employment Lands must not only meet the criteria listed by the Municipality but also ensure that the conversion will result in no net loss of employment numbers. •additional wording to the Special Policy Area designation for 9304 McLeod Road note that any future Planning Act Application will be subject to further studies addressing employment land conversion (Policy 8.32, job replacement showing how future jobs will be provided on the lands) and risk assessment of residential encroachment on employment land uses. •Changes can be incorporated prior to adoption of the amendments to ensure conformity •Changes will be made within the amendments where required Page 51 of 51 Page 186 of 1092 Jeffrey J. Wilker 416-868-3118 jwilker@trlaw.com SENT BY EMAIL ONLY March 16, 2023 Mayor Diodati and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Diodati and Members of Council: Cytec Canada Inc. re Cytec Arcs 9304 McLeod Road Employment Lands Strategy Official Plan and Zoning By-law Amendment Applications City File -- AM-2021-13 Proposed OPA 147 Our File No. 500673 We are the solicitors for Cytec Canada Inc. (“Cytec”) – part of the Solvay Group. On August 3, 2022, we wrote to City Council regarding the above captioned matter in objection to the proposal. Mr. Wellings, Cytec’s planning consultant, also delegated at the public meeting on Cytec’s behalf. We understand that the City’s employment land conversion proposal is to be returned to be considered by City Council at its meeting of March 21, 2023. We, therefore, are writing to reiterate our advice in our prior letter, and to provide Council with an update. To be clear Cytec maintains its objection to the employment conversion resulting in any introduction of sensitive land uses including residential uses within the 2 km arc of the plant facility, together with requiring height restrictions resulting in low rise development in the transition area outside the arc. This is consistent with the City’s long time planning program as demonstrated in the Garner South Secondary Plan, the Heartland Forest approvals, and the Grand Niagara Secondary Plan, and as more particularly detailed in our letter of August 3, 2022. Added to that position are the limitations applicable to the City proposal as set out in the new Region Official Plan. As the City is aware, the Region of Niagara completed its comprehensive municipal review under the Planning Act last summer, and adopted a new Region Official Plan (“ROP”) to implement same. Page 187 of 1092 -2- On November 4, 2022, the Ministry of Municipal Affairs and Housing issued its Notice of Decision which approved the Region Official Plan with modifications. By law, any City planning proposal and resultant instruments must conform to the in force Region Official Plan. Modification 24 is specific to Cytec. It states: “New policy 4.2.4.10 is added: Notwithstanding policy 7.12.2.5, development applications within a two kilometre radius of the Cytec Canada Inc. facility in Niagara Falls shall be subject to policy 4.2.1.11 of this Plan, except for the lands currently designated Neighbourhood Commercial in the local official plan.” [My Emphasis] Policy 7.1.2.2.5 as modified by modification 34 is the grandfathering or “Clergy Principle” which allows development applications in the mill before the Plan’s approval to be processed and decided under predecessor Official Plan policies. The Province has specifically excluded same, by the notwithstanding provision in Modification 24 on lands subject to the 2 kilometre Cytec radius. Policy 4.2.1.11 restricts the timing of the conversion of employment lands. The first sentence of the policy states: “Conversion of lands within employment areas shall not be permitted except during the Region’s municipal comprehensive review. As a result, the Province has specifically recognized and mandated: a)the two kilometre Cytec radius requirement; b)excluded any grandfathering transition; and, c)restricted the consideration of any employment conversion proposals within the two kilometre Cytec radius to the next Region’s municipal comprehensive review. It is our view that as a result, the City cannot proceed with any employment conversion proposal within the two kilometre radius of the Cytec facility as such proposal would NOT be in conformity with the in force Region Official Plan as modified by the Minister, and therefore would be illegal. We continue to respectfully request notice of any City reports, any continued consideration of this proposal and/or adoption of the Official Plan Amendment and/or passage of the Zoning By-law Amendment. Page 188 of 1092 -3- The addresses follow: Glenn Wellings Wellings Planning Consultants Inc. 513 Locust Street, Unit B, Burlington ON L7S 1V3. E: glenn@wellingsplanning.ca Jeffrey J. Wilker Thomson, Rogers Lawyers Suite 3100, 390 Bay St. Toronto, ON M5H 1W2 E:jwilker@trlaw.com By copy of this letter to City Clerks and City Planning, we request that staff ensure that this letter is distributed to City Council prior to the public meeting. We thank City Council for its consideration of this letter. Cytec looks forward to continuing to work with the City to ensure that Cytec remains a vibrant and important contributor to the City’s well being. Yours very truly, Jeffrey J. Wilker JJW/pf cc: Bill Matson, City Clerk, City of Niagara Falls cc: Kira Dolch, Director of Planning, Building and Development, City of Niagara Falls cc: Brian Dick, Manager of Policy Planning, City of Niagara Falls cc: Brad Campbell, Site Director, Cytec cc: Ken Milo, Environmental Rehabilitation Officer, Cytec cc: Glenn Wellings, Wellings Planning Consultants Page 189 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-12 Sunday, March 19, 2023 PBD-2023-15 Official Plan Amendment No. 147 Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.4 PBD-2023-15 Official Plan Amendment No. 147. It is recommended council approve staffs reconditions. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 190 of 1092 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS Nancy Smith 15 Bold Street Hamilton Ontario Canada L8P 1T3 Receptionist 905 529 3476 (905 LAW-FIRM) Facsimile 905 529 3663 nsmith@tmalaw.ca VIA EMAIL March 20, 2023 Mayor and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: 8970 and 9015 Stanley Avenue (“Subject Lands”) 2610832 Ontario Inc. REQUEST TO CARVE OUT THE SUBJECT LANDS FROM PROPOSED OPA 147 INTRODUCTION We represent 2610832 Ontario Inc. (“261”), owner of lands municipally known as 8970 and 9015 Stanley Avenue, Niagara Falls (“Subject Lands”). The portion of the Subject Lands west of Stanley Avenue (“Subject Lands West”) were formerly used as a trailer park while the portion east of Stanley Avenue were formerly used as a golf course. Our retainer is focused on assisting 261 in realizing the development potential of the Subject Lands in accordance with the applicable policy regime. We have made numerous submissions to Council since July 2021. We encourage Council to reflect on our previous input. This letter will focus on: • Council Decides, Not Staff or Consultants • Council Has Not Endorsed the Employment Land Study • Housing Needed, Not Employment • Employment or Residential • Regional Official Plan Applies the Clergy Principle Needless to say, 261 has participated responsibly in this process. At my last attendance before Council on August 9, 2022, staff made a number of comments following my presentation that, in my view, required correction. The process, regrettably, did not allow me to respond. My office, therefore, requested, and staff confirmed, that we would be provided two (2) weeks notice of when this matter would be brought before you. That staff commitment is attached as Appendix 1. Page 191 of 1092 2 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS I did not receive two (2) weeks notice. I found out about this matter from others this past Thursday and not directly from staff. I trust this was an unfortunate oversight and not reflective of a staff strategy to thwart 261’s responsible participation. OUR ASK We request that Council accept its responsibility to assist with Ontario’s housing crisis and carve the Subject Lands West out of the proposed OPA 147 as identified in Appendix 2. COUNCIL DECIDES, NOT STAFF OR CONSULTANTS You are the Planning Act decision-maker. You direct policy. Your staff and consultants must respond to your policy direction. They are not elected to make policy. We have reviewed the Council meeting transcripts from July 2021 to date. Repeated Councillor requests to revisit the Subject Lands West and their appropriateness for an Employment Designation have gone unanswered. For example: 1. July 2021 Councillor Thompson: With respect to the Subject Lands West, “[t]he people have been doing studies to put Residential development and dealing with the City and now they’re coming in and saying “Oh, you have to have Industrial there.” In response, Mr. Herlovitch indicated that “this [is] our opportunity to send this information back to the Consultants to have a deeper look at this property, give them a chance to refine some of their recommendations.” Councillor Campbell: “If we had to vote on it today, I don’t think it’d get passed. So, we need to have all the information available to us before we make any decisions, and I understand it’s going to happen in the fall.” Herlovitch confirmed. 2. December 2021 Councillor Lococo indicated she wanted further information with respect to planning around woodlands within the Grassy Brooks area (the new employment area recommended by the City’s consultants, which includes the Subject Lands West). Councillor Thompson stated “I think we have to have more respect for the people who own the other properties and [have] a plan and have been working for a long time. So, I really think we have to take a pause and inform the Council totally about where these properties are and listen to the people who own them and what their plan is before we do anything else.” Councillor Thompson indicated that he would like Council to be fully informed of all of the employment lands that are being discussed and have the opportunity for the owners to advocate to Council and make sure it understands the full picture. “I really am concerned about how we’re moving ahead”. “I think we’ve got to do a lot more work on this.” Page 192 of 1092 3 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS 3. August 2022 Councillor Lococo indicated that she was interested in getting a second opinion about the best use of the Subject Lands West and other sites. Councillor Kerrio stated: “I can tell you right now that I’m not going to support having that one piece made industrial on Stanley but I don’t want to slow down the process of Rocky’s client on McLeod. So, I think we’re going to need those questions answered and some alternatives back at that meeting if we’re going to make everyone happy…. [W]e’re not making a decision, it’s going to come back to us for a decision. We keep the process moving for the other people and then when it comes back to us, we’ll have had time to have the other information about this Clergy Principle and whatever brought to us. COUNCIL HAS NOT “ENDORSED” THE EMPLOYMENT LAND STUDY During the August 9, 2022 Council meeting, in response to comments from Councillor Lococo indicating that she was interested in getting a second opinion about the best use of the Subject Lands West and other sites, Ms. Dolch indicated that Council has already endorsed the Employment Lands Study (“ELS”) and asked staff to bring forward the OPA. She indicated that if Council were to direct staff to have another look at these sites, this would be going against Council’s original endorsement. This statement is inaccurate. Council had not endorsed the ELS prior to the August 9th meeting, nor did it endorse it at the August 9th meeting. Council’s resolutions have been as follows: • July 2021: “that Council receive the comments of the public and refer to staff to be addressed in the preparation of official plan and zoning by-law amendments that implements the Employment Lands Strategy for consideration and adoption at a Council date in Fall 2021.” • December 7, 2021: 1. That Council receive the Niagara Falls Employment Lands Strategy Phase 3 report for information. 2. That Council direct staff to prepare draft Official Plan and Zoning By-law amendments for additional stakeholder consultation and for consideration and adoption at a later Council session; and to only extend to Stanley Avenue, not to go east beyond Stanley Avenue. 3. Defer interim control by-law. • August 9, 2022: 1. That Council receive the public input presented at the second Public Meeting and the modification of policies as requested by Niagara Region. 2. That Staff forward the draft Official Plan Amendment #147 and the draft zoning by-law amendments to By-law 79-200 and By-law 395, with any required modifications, to a future Council meeting for adoption. 3. That once adopted, the Official Plan Amendment #147 be forwarded to the Region for approval. Page 193 of 1092 4 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS In fact, at each meeting, Council has been repeatedly told that they are not being asked to make a decision on the ELS or related planning instruments: July 2021: • Director of Planning (Herlovitch): “Council is not being asked to make a decision tonight…asking that you receive the comments that have been submitted both in writing and orally… and that staff will be directed to refine the Official Plan and Zoning amendments that are attached to tonight’s report. …[I]t’s an opportunity to… receive comments [and] refer that back to staff so that we can address any of the concerns that council receives this evening. And the final documents will be presented to Council later this fall.” • Dillon Consulting (“Dillon”): The work is not final. No decision is being made today. We will take input/comments and work on addressing them. December 2021: • Staff Report indicates as “next steps” that upon Council’s endorsement of the staff report, staff will make necessary modifications to the draft OP and ZBA that will implement Phase 3 including the identification of the new employment area. These draft amendments will be subject to further consultation and will be forwarded for consideration and adoption of Council at a later date in 2022. August 2022: • Staff report indicates as “next steps” that subject to the results of the second Public Meeting and the addition of Regional policies, Council may adopt the OPA and ZBA at a future meeting of Council. • Dillon indicated that the purpose of the meeting was to receive input and comments and that these would be considered in preparing an updated OPA. • Ms. Dolch indicated that the staff recommendation to Council is “not to make a decision, it is to refer to a future Council meeting and that was done so that further public input can be achieved.” As a final comment in the meeting, Ms. Dolch again indicated that the staff recommendation was to consider the public input presented at this meeting and come forward with the draft OPA in the future for consideration. She reiterated that there was no recommendation to approve or modify anything at this meeting. HOUSING NEEDED, NOT EMPLOYMENT The City of Niagara Falls does not need employment land. The Region completed a Land Needs Assessment (“LNA”) in June 2022. Employment land need was determined for Fort Erie, West Lincoln and Welland. No need was identified for the City of Niagara Falls. Hemson Consulting Ltd. completed a peer review of the LNA and delivered a letter on May 13, 2022. The peer review concluded no employment land need for Niagara Falls: Page 194 of 1092 5 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS • “The results of the employment area LNA are set out in Table 21 and demonstrate that employment area expansions would be required in Fort Erie, Welland, and West Lincoln (255 developable hectares in total).” • “The Region’s 2051 Land Needs Assessment appropriately uses the Provincial LNA Methodology to assess the amount of land required to accommodate the “Made-in-Niagara Forecasts” approved by Regional Council as part of the municipal comprehensive review and permitted under the Growth Plan. The LNA report follows the step-by-step process prescribed by the methodology and identifies a range of technical studies that support the key LNA inputs and assumptions.” The City’s consultants’ work identifying employment land need for Niagara Falls is flawed. We have shared the discrepancies with Council since July 2021. Attached as Appendix 3 is our land economist’s summary of her outstanding concerns: • The Region says no need; City says 76 ha need; that’s a significant discrepancy. • This significant discrepancy results from inconsistent vacant land inputs, the use of land vacancy and density assumptions. Conversely, Ontario is in a housing crisis. Bill 23 responds to that crisis with the objective of building 5 million houses over the next 20 years. The Subject Lands West, not needed for employment according to the Region, are part of the solution to increase supply. Residential development on the Subject Lands will bring approximately 1,344 residential units to market with the associated development charges and the protection of approximately 14 ha of Natural Features. EMPLOYMENT OR RESIDENTIAL You have GSP Group’s (“GSP”) Optimal Use Analysis dated July 2022. GSP’s independent analysis concluded that the optimal use of the Subject Lands West is for residential purposes and not employment purposes: • The residential use has regard for matters of provincial interest under section 2 of the Planning Act and is consistent with the Provincial Policy Statement; • The employment use does not have regard for subsection n) of section 2 of the Planning Act: “The resolution of planning conflicts involving public and private interests”. 261 submitted its application to the City for the redevelopment of the lands for residential purposes and was not advised at the pre- consultation phase, or through circulation comments, of the City’s intent to redesignate the Subject Lands West for employment purposes prior to the City dealing with their application; • The development of the Subject Lands West for employment purposes could negatively impact the ability to redevelop the Subject Lands East for residential purposes due to potential issues of compatibility; Page 195 of 1092 6 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS • The residential use satisfies the Growth Plan policies with respect to the “optimal” use of land, infrastructure and capital investment, as 261’s residential development provides for higher population projections and a more compact and dense form of intensification than the development of employment uses, and it optimizes existing and proposed infrastructure resulting in cost savings; • The residential use supports the achievement of complete communities as defined in the Growth Plan; • The residential use better responds to the market and Ontario’s affordable housing crisis by providing readily available land to market in the short and mid-term; • The residential use conforms to the current Region of Niagara Official Plan; • The residential use conforms to the current City of Niagara Falls Official Plan policies that recognize and provide for higher residential density along arterial roads, with good connectivity throughout the neighbourhood and where the issues of compatibility are addressed; and • Given the extensive natural heritage features west of the Subject Lands West and associated buffers and setbacks, the remaining land available for employment uses is fragmented. ROP APPLIES THE CLERGY PRINCIPLE The Clergy Principle – applications should be assessed according to the policies that are in place at the time the Planning Act application is submitted - makes sense. Good planning cannot occur in the public interest if the applicable policy regime is permitted to change mid-application. I have read staff’s 4 paragraph explanation in their staff report as to why they think this principle is not sound for this case. Staff refer to dated case law (2006 and 2008) that, when you read the actual cases, are in no way factually similar to this case. Staff’s view of the “public interest” is respectfully, difficult to understand. In any event, what staff have neglected to tell you is that the ROP approved by the Minister on November 4, 2022, crystalizes the Clergy Principle in the following policy: 7.12.2.5 Development applications deemed complete prior to the date of this Plan’s approval shall be permitted to be processed, and a decision be made, under the Local and Regional Official Plan policies that existed when the application was deemed complete. The Private Applications in relation to the Subject Lands were deemed complete well before November 4, 2022 and must be decided by policies in force at that time. I am at a loss as to why staff would not bring Policy 7.12.2.5 to your attention. Page 196 of 1092 7 NANCY SMITH PROFESSIONAL CORPORATION TURKSTRA MAZZA ASSOCIATES, LAWYERS CONCLUSION The Subject Lands are the subject of Private Applications to permit approximately 1,344 residential units and the protection of approximately 14 ha of Natural Features. Providing housing and protecting the environment are two (2) key provincial interests. In hindsight, these lands should never have been considered for employment from the onset. This is especially so given that, according to the Region’s LNA, the City does not need employment land. And, as directed by regional policy, the Private Applications must be determined by policy in existence at the time they were deemed complete. We request that Council carve the Subject Lands West out of the proposed OPA 147 as identified in Appendix 2. In addition, I renew my request to have two (2) weeks notice of any future Council consideration of this matter. Yours truly, Nancy Smith ns/ls Page 197 of 1092 From:Meredith Baker To:Nancy Smith Cc:Louise Sudac Subject:FW: [EXTERNAL]-OPA and ZBA to Implement Employment Lands Studies Date:March 17, 2023 12:31:33 PM From: Andrew Bryce <abryce@niagarafalls.ca> Sent: Tuesday, November 1, 2022 5:39 PM To: Meredith Baker <mbaker@tmalaw.ca> Cc: Nancy Smith <nsmith@tmalaw.ca>; Louise Sudac <lsudac@tmalaw.ca>; Brian Dick <bdick@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca> Subject: RE: [EXTERNAL]-OPA and ZBA to Implement Employment Lands Studies Hi Meredith, thank you for your email. These amendments have not been scheduled for the November 22 meeting. Noting your 2 weeks request, we will advise you in advance of a meeting in which these amendments are scheduled for consideration. Regards Andrew Bryce, MCIP, RPP | Manager of Current Planning | Planning, Building, and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4232 | Fax 905-356-2354 | abryce@niagarafalls.ca From: Meredith Baker <mbaker@tmalaw.ca> Sent: Tuesday, November 1, 2022 10:39 AM To: Andrew Bryce <abryce@niagarafalls.ca> Cc: Nancy Smith <nsmith@tmalaw.ca>; Louise Sudac <lsudac@tmalaw.ca> Subject: [EXTERNAL]-OPA and ZBA to Implement Employment Lands Studies Good morning Andrew, Could you kindly advise if the proposed Official Plan Amendment and Zoning By-law Amendment that implement the City’s Employment Lands Studies are expected to go back before Council at the first business meeting on November 22nd? We request two weeks’ notice of this matter’s return before council. Thank you for your assistance, Meredith Meredith Baker Turkstra Mazza Associates APPENDIX 1 Page 198 of 1092 15 Bold Street Hamilton, Ontario, L8P 1T3 T (905) 529-3476 Ext. 2240 C (905) 379-2622 mbaker@tmalaw.ca This message is intended for the recipient. It may contain privileged and confidential information. If you are not the named recipient, do not copy or distribute this message. Contact me at mbaker@tmalaw.ca or (905) 529-3476 Ext. 2240 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. APPENDIX 1 Page 199 of 1092 WILLODELL R D RE I XINGER R D BECKRDLOG AN R DSTANLEYAVDON M U R I E S T DELLRD CHIPPAWA PYDORCHESTER RDOAKWOOD DR W E L L A N D R I VERPOWER CA NALQEW STANLEY AVMONTROSE RDLYONS C R E E K R D SCHEDULE 1 TO BY-LAW NO. 2022- Extent of Lands to be removed from the jurisdiction of By-law 395 (1966) Amending Zoning By-law No. 395 (1966) Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/3/2022 Description: NTS LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOT 3, LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCESSION IN THE FORMER TOWNSHIP OF WILLOUGHBY. CITY OF NIAGARA FALLS 272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900, 272513000304700 Page 43 of 51 LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCESSION IN THE FORMER TOWNSHIP OF WILLOUGHBY Description Applicant: Assessment #:272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900 CITY OF NIAGARA FALLSWILLODELL R D RE I XINGER R D BECKRDLOG AN R DSTANLEYAVDON M U R I E S T DELLRD CHIPPAWA PYDORCHESTER RDOAKWOOD DR W E L L A N D R I VERPOWER CA NALQEW STANLEY AVMONTROSE RDLYONS C R E E K R D SCHEDULE 1 TO BY-LAW NO. 2022- Extent of Lands to be removed from the jurisdiction of By-law 395 (1966) Amending Zoning By-law No. 395 (1966) Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/3/2022 Description: NTS LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOT 3, LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCESSION IN THE FORMER TOWNSHIP OF WILLOUGHBY. CITY OF NIAGARA FALLS 272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900, 272513000304700 Page 43 of 51 APPENDIX 2 Page 200 of 1092 Page 50 of 51Page 50 of 51Page 50 of 51 LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCES- SION IN THE FORMER TOWNSHIP OF WILLOUGHBY Description Applicant: Assessment #:272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900 CITY OF NIAGARA FALLSWILLODELL R D RE I XINGER R D BECKRDLOG AN R DSTANLEYAVDON M U R I E S T DELLRD CHIPPAWA PYDORCHESTER RDOAKWOOD DR W E L L A N D R I VERPOWER CA NALQEW STANLEY AVMONTROSE RDLYONS C R E E K R D SCHEDULE 1 TO BY-LAW NO. 2022- Extent of Lands to be removed from the jurisdiction of By-law 395 (1966) Amending Zoning By-law No. 395 (1966) Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\13\AM_2021_13\AM_2021_13.aprx AM-2021-013 ¹ 6/3/2022 Description: NTS LANDS LOCATED NORTH OF REIXINGER ROAD, EAST OF THE QEW, SOUTH OF THE WELLAND RIVER , WEST OF STANLEY AVENUE AND NORTH OF LYONS CREEK ROAD; BEING PART OF LOT 3, LOTS 4 TO 9, AND PART OF LOT 10 OF BROKEN FRONT CONCESSION IN THE FORMER TOWNSHIP OF WILLOUGHBY. CITY OF NIAGARA FALLS 272513000400500, 272513000401200, 272513000401100, 272513000401000, 272513000400900, 272513000400800, 272513000400600, 2725????1012604, 272513000400500, 272513000400400, 2513000400300, 2725????1009661 (cemetery), 272513000400200, 272513000400101, 272513000305000, 272513000304901, 272513000304900, 272513000304700 Page 43 of 51 APPENDIX 2 Page 201 of 1092 WELLAND RIVER POWER CANAL ISLAND POWER CANAL GRASSY BROOK LYONS CREEK TEE CREEK QEW LYONS C R E E K R DMONTROSE RDSTANLEY AV&BLACKBURN PY KISTER RDDYMEN T CR&GRASSY BROOK RD BIGGAR R D P R OG RE S S S T LOGAN R DEARLTHOMASAVDON M U R I E S T BECKRDSTANLEY AVMCCREDIE RD WILLODELL RD REI XINGER R D DELLRDCHIPPAWA P YDORCHESTER RDOAKWOOD DR K:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 600 m Scale 1:12,000 Legend Land Use Employment Environmental Conservation Area Environmental Protection Area Open Space Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Proposed Change from Resort Commercial to Employment Map 1 to Amendment No. xx to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment Page 36 of 51APPENDIX 2 Page 202 of 1092 IBI GROUP 7th Floor – 55 St. Clair Avenue West Toronto ON M4V 2Y7 Canada tel 416 596 1930 fax 416 596 0644 ibigroup.com Memorandum To/Attention Nancy Smith Date September 13, 2022 From Robyn Brown Project No 135603 cc Jennifer Ricci; Meredith Baker, Brenda Khes Subject Niagara Region v. Niagara Fall LNA IBI Group has been retained in order to monitor the Niagara Falls Land Needs Assessment as it applies to the determination of a surplus or shortage of Employment Lands in the municipality of Niagara Falls. IBI Group has made previous submissions and met with the City’s experts to discuss discrepancies between the Regional and municipal work. In June 2022, Regional Council adopted Regional Official Plan, submitting it to the Province for approval. Subsequent to this, the City of Niagara Falls submitted their draft OP to Regional Council Review. This draft OP included additional Employment Areas as needed according to their Land Needs Assessment. IBI Group has reviewed the various land needs and growth management work completed both by the Region and Niagara Falls. There is considerable inconsistency between results of the LNAs, generally created by inconsistent Vacant Land inputs, the use of Land Vacancy and the Density Assumptions. The forecasts of jobs to be accommodated on Employment Lands has remained consistent. The following chart provides a summary of the various studies completed and their resulting land need: The following section provides details regarding each of the study: Region of Niagara Growth Management Work The Region of Niagara LNA (June 2022) Prior to the release of the June 2022 LNA, the Region released three earlier LNAs May, August and December 2021, for consultation and refinement. Throughout the process, a variety of adjustments were made, including population and housing forecasts by municipalities, employment land densities, along with adjustments to vacant land areas based on greenbelt adjustments. Various Employment Land Needs Assessments for the City of Niagara Falls Source Report Date ELE Growth 2021 - 2051 Vacant Land (inc. Vacancy)Vacancy % Density Assumpiton (j/ha) Land Surplus/Short fall Region of Niagara LNA Jun-22 3,500 160 None 25 0 Region of Niagara Draft LNA May-21 3,500 135 None 35 35 Region of Niagara Employment Policy Paper Apr-21 178.07 n/a 25 - 65 n/a Employment Lands Strategy - Phase 3 Nov-21 3,450 48 20%25 -76 Employment Lands Strategy - Phase 2 Apr-21 2,990 48 20%25 -60 Region of Niagara City of Niagara Falls APPENDIX 3 Page 203 of 1092 IBI GROUP MEMORANDUM Nancy Smith – September 13, 2022 2 • The Region has forecasted 20,230 jobs to Niagara Falls. The majority being Office/Major Office and Population Related (82%); • The Region then allocated all the jobs to Location, Community Area, Employment and Rural Area. This results in Niagara Falls accommodating 3,500 jobs in their Employment Areas from 2021 – 2051. • The Region then establishes the vacant Employment Area employment Lands. • The Region estimates that between the Seven employment Areas, there is a vacant supply of 160 hectares (with four of the seven areas being totally built out). This results in a potential employment capacity of 3,655 • Mapping is not provided of the Employment Areas in the June 2022 LNA. • The Region uses different density targets for each area, ranging from a low of 20 units/ha to 65 units a hectare. • Outside of Welland, Niagara Falls has the greatest Employment Area Potential within Existing Areas. • Overall, the study indicates that Niagara Falls has a surplus of employment land to accommodate growth, and therefore, unlike Fort Erie, Welland and West Lincoln will not need any expansions. Overall the Region will need 255 hectares of Employment Land. Niagara Region LNA (May 2021) • In the May 2021 LNA, the Region forecasted the same number of jobs to Niagara Falls, and the same forecast for Employment Land Employment. • The May 2021, using the Employment Policy Paper (April 2021) anticipates that the existing employment areas in Niagara Falls can accommodate 4,720 jobs. This is an additional 1,065 jobs. • This results (using a density target of 35 jobs per hectare) a surplus of 35 hectares in Niagara Falls, and an overall surplus of 20 hectares in the Region. The Region’s Employment Policy Paper (April 2021) • The Appendix of this report provides detailed Employment Area Mapping. • The mapping includes seven areas within Niagara Falls. This mapping does not consider vacant or occupied status. • Detailed charts in Appendix B include overview of all the areas (without the associated mapping. In total (as of 2019) this analysis indicates that Niagara Falls has 178.52 hectares of vacant lands. This is substantially less than the June 2022 analysis. • The sub-grouping in this assessment also categorizes lands as Core or Dynamic. Niagara Falls has a mix of both. • Included are Draft Employment Area Mapping, which includes adding parcels to Employment Area NF-5 Montrose Road Industrial Area (Dynamic) for the site of the future South Niagara Falls Wastewater Treatment Plant. APPENDIX 3 Page 204 of 1092 IBI GROUP MEMORANDUM Nancy Smith – September 13, 2022 3 • Each Area includes “Observed 2019 Density” and Vacant Land Density. For each area, there is an anticipated increase in density in the future. City of Niagara Falls Growth Management Work Employment Lands Strategy – City of Niagara Falls (Phase 3 – November 2021) • IBI Group reviewed this document in detail in the letter dated January 20, 2022 which was submitted to Niagara Region and Niagara Falls. • The City identified 78 hectares of vacant land. This was further reduced to 48 hectares based on a 20% land vacancy. • The City’s demand is 3,450 jobs on employment lands between 2020 and 2051, similar to the Region’s forecast. • The city assumes 25 jobs per hectare, determining a future need of 124 hectares. This includes 10% of growth being accommodated through intensification. Niagara's Draft Employment Area Analysis Sub-Grouping Employment Area Gross Developable (2019 ha) Vacant (2019 ha)Observed Density (j/ha) Vacant Land Density (j/ha) Core NF-1 Highway 405 Employment Area 14.67 7.16 8 20 Co re NF-2 North Niagara Falls Secure Storag 168.55 44.2 11 30 Dynamic NF-3 QEW/420 Employment Area 52.58 0.52 25 50 Dynamic NF-4 QEW Employment Centre 24.56 3.54 51 65 Dynamic NF-5 Montrose Road Industrial Area 210.22 101.19 17 35 Core NF-6 Dorchester Road Employment Are10.32 0 43 n/a Dynamic NF-7 Stanley Avenue Business Park 131.5 21.46 16 25 612.4 178.07 24 38 Niagara Region's Official Plan Employment Policy Paper - Draft April 2021 Appendix C Total APPENDIX 3 Page 205 of 1092 IBI GROUP MEMORANDUM Nancy Smith – September 13, 2022 4 • This results in a shortage of 76 hectares of employment land. Employment Lands Strategy – City of Niagara Falls (Phase 2 Report – April 2021) • This report was part of the shift from the 2041 to 2051 forecast horizon which was necessitated by the revised Growth Plan and adjusted Schedule 3 forecasts. • This new forecast assumed less employment land employment growth to Niagara Falls over a longer planning horizon. • The report indicates a city-wide employment average of 18 jobs per net hectare. With the highest density in the QEW Centre (51 jobs/ha) and the lowest in the Montrose Road Industrial and Stanley Avenue Business Park at 17/16 jobs per ha) (Sec 6.2.3) • Overall the report forecasted that the City would accommodate 2,990 jobs within Employment Areas. • The report assumed a 10% intensification assumption, and 25 jobs per hectare. Requiring 108 gross ha over the planning horizon. • The Report then identified 60 gross hectares of vacant employment land – majority within the North Niagara Falls Secure Storage Employment Area. • This results in a deficit of 48 hectares by 2051, increased by a 20% long term vacancy rate, resulting in a shortfall of 60 hectares. • Finally, the report indicates that the Region is seeking a new treatment plant which will be accommodated in a future Employment Area, this may require more lands than identified. (20 acres or approx. 8 hectares). • The report considers six employment land conversions, totalling 97 hectares, though all are not designated industrial. • The report concludes that new Employment Area is required, to meet demand and to make the City more competitive. Employment Lands v. Employment Areas Employment lands are parcels designated for employment uses within a local municipal official plan and/or zoning by-law. The Region has a limited policy framework relating to employment lands since they have historically been primarily a local matter. Employment areas are made up of clusters of employment lands that are to be planned for employment uses, such as manufacturing, warehousing, offices, and associated uses. Employment lands may be located within or outside of an employment area. Employment lands located outside of employment areas typically have or are designated for employment uses that can be more easily integrated with other land uses. In part some of the discrepancies around land areas may be attributed to what they are including in the inventories. Without detailed mapping it is impossible to fully understand what the differences between the areas are. APPENDIX 3 Page 206 of 1092 IBI GROUP MEMORANDUM Nancy Smith – September 13, 2022 5 In looking at the areas included, the City appears to have included 21 hectares of land “Outside the Employment Areas” however at this point we are not able to identify which sites were included. Employment Land Conversions It is not clear how local employment land conversions weigh into the Regional Land Needs. More details are required to understand how these were considered. Employment Mapping IBI Group has begun some high-level mapping in order to better understand the discrepancies between the Niagara Region land supply and the Niagara Falls land supply. There is very little comprehensive mapping, and in order to understand where the differences are, IBI Group has looked at the different employment areas to see where the differences are. According to our work, the main difference is in the Montrose Rd. Industrial Area. The City has attributed 11 hectares of land to the gross vacant supply, whereas the Region has considered 112 hectares. The City has only included the turquoise areas in their supply, however used GIS, IBI Group believes that the turquoise area is actually 25 hectares not 11. There also appears to be other vacant areas which are not considered. APPENDIX 3 Page 207 of 1092 PBD-2023-16 Report Report to: Mayor and Council Date: March 21, 2023 Title: OPA #155 Official Plan Amendment Delegated Authority Applicant: City of Niagara Falls Initiated Amendment Recommendation(s) 1. That Council authorize staff to proceed with amendments to the City’s Official Plan to delegate authority to staff for approval of certain development applications and that staff consult with the development industry and the public about the proposed delegated authority; and, 2. That staff bring a future report at a Public Meeting with draft by -laws regarding the delegation of authority back to Council for their consideration. Executive Summary Staff are seeking Council’s direction to consult with the development industry and the public about delegating authority to the General Manager of Planning, Building and Development for: • Open Houses, • Minor Zoning By-law amendments, • Deeming By-laws, • Technical Consent Applications, • Lifting Part Lot Control, • Minor status revisions to a draft approved subdivision/condominium plan, • Extending the lapsing period of a draft approved subdivision/condominium plan, • Approval of draft plans of condominium, and • Condominium exemptions. Delegating these authorities will not alter requirements for notice, public meetings, and appeal rights and will improve the efficiency for the development community and individual home owners. Other municipalities that have implemented delegated authority include Ottawa, Kingston, and Brantford. Page 1 of 10 Page 208 of 1092 After consultation with stakeholders and the public through an open house, Staff will hold a Public Meeting and at the same meeting return with a recommendation report, a draft Official Plan amendment, and delegation by-law with the recommended delegated applications/decisions. Delegation authority by-laws can be repealed or amended at any time and staff will report on a yearly basis to Council on how the delegated authority was utilized. Background City Planning Staff are seeking authorization to begin the consultation process to delegate certain authorities permitted under the Planning Act. Other municipalities who have delegated Planning Act authority include Ottawa, Kingston, and Brantford. In 2021, Bill 13 amended the Planning Act to: • Permit Council to delegate planning decisions dealing with minor amendments to zoning by-laws (such as temporary use by-laws, lifting of a holding provision or other minor Zoning By-law amendments) (Section 39.2(1)). To implement, official plan policies must be established to specify the criteria for Zoning By-laws that may be delegated. • Permit the delegation of authority for minor revisions to draft approved plans of subdivision or condominium, the extension of the lapsing period for a draft approved plan of subdivision or condominium, and for approvals of draft subdivision and condominium approvals (Section 51.2(1)). Conditions can be established to specify certain criteria, such as when a revision to a draft approved subdivision or condominium plan may be considered minor. Delegated authority must be defined and permitted through a municipal delegation by - law, which stipulates the parameters to maintain trust between Council and their delegate. Accountability will be maintained through the establishment of conditions, limitations and reporting outlined in the by-law. This by-law can be repealed or amended at any time. As part of the by-law, staff will be required to report back to Council on an annual basis demonstrating how the delegated authority has been utilized. Before bringing a fina l by- law to Council, planning staff will seek input from residents and the development community. Delegation of planning applications does not alter notice requirements, public meeting requirements, appeal rights, or the requirement for the proposal to be consistent with or conform to Provincial, Regional, and Local Planning Policy. For further clarification, public meetings would be held by staff and not as a part of Council’s agenda, where delegated authority has been given to the General Manager of Planning, Building and Development. Page 2 of 10 Page 209 of 1092 Analysis Delegated authority is an effective tool to assist in streamlining development applications. Currently, through the Site Plan Control By-law 2011-113, Council has delegated authority of site plan approval to the Director of Planning, Building and Development (now General Manager of Planning, Building, and Development). This delegation enables Staff to process site plan applications in a timely manner. In addition, Council has delegated authority to the Committee of Adjustment to process minor variance and consent applications on their behalf. Increasing the use of delegation for Planning applications would result in the following benefits: • Frees up Council time to focus on strategic priorities. • Frees up planning staff time preparing and holding Open Houses for minor planning applications; • Avoids delays caused by waiting for Council meetings for decisions on minor planning applications; and, • Professional staff may review and approve applications that are straightforward and technical in nature, which will fast-track construction. Staff are recommending that the Delegation By-law delegate authority for the following 6 items, which will be discussed in greater detail below. 1. Waiving the requirement for an Open House 2. Minor Zoning By-law Amendments, including: a. Housekeeping matters (such as terminology) b. Lifting of a Holding Provision c. Temporary Use By-law d. Agricultural Purposes Only e. Other minor Zoning By-law amendments 3. Deeming By-law 4. Technical Consent Applications a. Easements b. Validation of Title Certificate c. Discharge of Mortgage 5. Lifting Part Lot Control 6. Minor Status revision to a draft approved subdivision or condominium plan 7. Extend the lapsing period of a draft approved subdivision or condominium plan 8. Draft Plan Approval of Condominium 9. Condominium Exemptions for Draft Plan Approval In addition to a Delegation By-law, an Official Plan amendment is needed to establish policy criteria. Page 3 of 10 Page 210 of 1092 1. Open Houses Staff are proposing that delegated authority be given to the General Manager of Planning, Building and Development to waive the requirement for an Open House for a minor Zoning By-law amendment application. The delegation of this authority will improve process times for certain Zoning By-law amendment applications. The elimination of the requirement for an Open House would take up to 3 weeks out of the approval process and shorten the time to process an Official Plan and/or Zoning By-law amendment applications by up to 3 weeks. For an Official Plan amendment process, this would shorten the process from 15-17 weeks to 12-14 weeks. For a Zoning By-law amendment process, this would shorten the process from 10-12 weeks to 7-9 weeks. 2. Minor Zoning By-law amendments The amendment proposes to consider a Zoning By-law amendment minor for: • Housekeeping (i.e. to update terminology or mapping to align with Provincial Policy and emerging planning practices that does not alter the intent of the Zoning By-law, • The lifting of a holding provision, • The approval of a temporary use by-law, • A Zoning By-law amendment required as part of a surplus farm dwelling severance to prohibit future residential uses on agricultural lands, • Other minor Zoning By-law amendments as detailed further on in this report. Housekeeping If the City were to propose a housekeeping amendment to implement updated mapping as a result of Provincial Policy updates, or text changes to reflect updated terminolog y (i.e. a single-family dwelling to detached dwelling unit), it would currently require an Open House, Public Meeting with a report to Council, followed by an approval of the amending by-law by Council. This process can take 10-12 weeks to complete depending on timing of the Open House and the Council agenda. If the authority were to be delegated, Staff would not require an Open House, a Public Meeting could be scheduled outside of a Council meeting, and the decision would be made by the General Manager of Planning, Building and Development. This could reduce the processing time up to 5 weeks, resulting in a 5-7 week process. Lifting of a Holding Provision The lifting of a holding provision is technical in nature and occurs when a developer h as met the holding conditions set out in the approved Zoning By -law amendment (i.e. a Page 4 of 10 Page 211 of 1092 Record of Site Condition has been filed with the Ministry for the property). Currently, a report and by-law is required to go on a Council agenda for approval. This proce ss can take 8-10 weeks depending on the timing of Council’s agenda. If the authority were delegated, a report and by-law would not be required to go to Council for approval. This could save up to 4 weeks, resulting in a 4-5 week process. This would allow the developer to expeditiously obtain a building permit for their development. Temporary Use By-laws A temporary use by-law permits uses on a property on a temporary basis (up to 3 years). Currently, an Open House, Public Meeting with a report to Council, followed by an approval of the amending by-law by Council is required. This process can take 10-12 weeks to complete depending on timing of the Open House and Council agenda. If the authority were to be delegated, Staff would not require an Open House, a Public Meeting would be scheduled outside of a Council meeting, and the decision would be made by the General Manager of Planning, Building and Development. This could reduce the processing time up to 5 weeks, resulting in a 5-7 week application process. Agricultural Purposes Only Zoning By-law amendment Consent Application Condition If a house is severed from a farm lot as part of a consolidation of farm properties, Provincial, Regional and Local policies require the farmland to be rezoned to preclude residential development in perpetuity. The severance process is required to go through the public process of the Committee of Adjustment. Currently, the Zoning By -law amendment application would require an Open House and Public Meeting with a rep ort to Council, followed by an approval of the amending by-law by Council. This process can take 10-12 weeks to complete depending on timing of the Open House and the Council agenda. If the authority were to be delegated, Staff would not require an Open House, a Public Meeting would be scheduled outside of a Council meeting, and the decision would be made by the General Manager of Planning, Building and Development. This could reduce the processing time by up to 5 weeks, resulting in a 5-7 week application process. Other Minor Zoning By-law amendments Criteria for a Minor Zoning By-law amendment: • No studies or reports are required to review the application, other than a Planning Justification Report, and • The proposal does not contradict any Provincial Policies, and • The proposal conforms to the Regional and City’s Official Plan. Page 5 of 10 Page 212 of 1092 Zoning By-law amendments that would qualify as minor under the proposed criteria could save up to 4 weeks processing time as Staff would not require an Open House, a Public Meeting would be scheduled outside of a Council meeting, and the decision would be made by the General Manager of Planning, Building and Development. This would reduce the process from a 10-12 week process to a 5-7 week process. The delegation of the proposed minor Zoning By-law amendments does not alter the requirements for notice, holding a public meeting, appeal rights, or the need for the proposal to be consistent with and conform to Provincial, Regional, and Local Planning Policy. 3. Deeming By-law A deeming by-law is required to merge lands on title that have been created from a subdivision application process. Deeming by-laws are most commonly required when an applicant owns multiple properties that need to be merged on title for their proposed development, but are unable due to them being whole lots within a plan of subdivision. Currently, a deeming by-law can take 4-5 weeks to process, as they are required to be on Council’s agenda for approval. If the authority were delegated, it co uld save up to 3 weeks of processing time, resulting in a 1-2 week application process. 4. Technical Consent Applications Easements Any private easement agreement (i.e. shared access) that is longer than 21 years is required to obtain approval from the Committee of Adjustment before executing. This process can take 10-12 weeks to complete depending on timing of the Committee of Adjustment agenda. If authority were to be delegated, Staff could schedule a Public Meeting outside of the Committee of Adjustment agenda, and the decision would be made by the General Manager of Planning, Building and Development. This could reduce the processing time by up to 5 weeks, resulting in a 5-7 week application process. Validation of Title Certificate A validation of title certificate is required when a land transfer does not comply with the Planning Act and the municipality recognizes that the property is a viable separate parcel for planning purposes, but the transfer contravenes the technical prohibitions of the Act and is made void as a result. A validation of title certificate enables the intended owner to fix the Planning Act mistake without the need to undo and redo a series of registered Page 6 of 10 Page 213 of 1092 transactions and potentially create new problems. This application process does not require a Public Meeting under the Planning Act. This process takes 4-5 weeks to complete as it is required to go to a Committee of Adjustment meeting for a decision. With delegated authority, the processing time could be reduced by up to 4 weeks, resulting in a 1 week application process. This would benefit applicants who have unknowingly purchased land that is unable to be conveyed due to a technical reason. When validating a title, it is still required to conform to the City’s Official Plan and Zoning By-law but does not require a public meeting. Discharge of Mortgage A discharge of mortgage is required to remove any mortgages on title for severed land. Typically they are submitted with a consent application, but on rare occasions the request for a discharge is missed when filling out an application form and a new application needs to be submitted to ensure a discharge has been requested. Currently, this process takes 10-12 weeks to complete as it is required to go to a Committee of Adjustment meeting for a decision. With delegated authority, the processing time could be reduced by up to 5 weeks, resulting in a 5-7 week application process. 5. Lifting Part Lot Control Lifting part lot control is required to create lot lines within a Block of a Plan of Subdivision for semi-detached or townhouse dwelling units. This process occurs building permits have been issued. This enables the applicant to precisely place the lot lines along the shared common walls of the dwelling units. This process takes 4-5 weeks to complete as it is required to go on Council’s agenda for a decision. Delegating this authority could reduce processing time by 2 wee ks, resulting in a 2 week application process. Planning staff would continue to circulate internal departments before a decision could be made to lift part lot control. 6. Minor Status Revisions (Red Line) to a Draft Approved Plan At any time prior to final plan approval, there may be requests to change the conditions of draft plan approval and/or the layout of the subdivision or condominium plan. These revisions to draft approval plans are commonly referred to as “red line” revisions. If the changes are considered minor by the municipality, no notification is required under Section 51(47) of the Planning Act. If it is considered major, the proposed changes are subject to the same procedures as the original proposal where a Staff report and Council approval is required. Establishing criteria to determine the major/minor status of the requested changes will streamline the process, create transparency, and only place matters before Council that will have implications to the public, or to the intent of the original approval of the Draft Page 7 of 10 Page 214 of 1092 Plan of Subdivision. Internal departments and agencies will continue be consulted regardless if the change is major/minor, to ensure there are no implications or consequences. Planning Staff recommends that the following criteria be established to differentiate between major/minor amendments to a draft plan approval and included in the Official Plan amendment. Major Revisions to Draft Approved Plans shall include: • Additional technical studies or revisions to existing technical studies are required; • Addition of new draft plan conditions; • Removal of a draft plan condition; • Significant changes to the intent of a draft plan condition; • Significant reduction or addition to number of lots or blocks; • Significant changes to lot types i.e. single-detached to multi-unit; • Changes to street patterns that impact the overall design of a plan; • Changes to boundaries of Natural Heritage parcels; and, • Changes that are subject to amended Provincial, Regional, and City policies. Minor Revisions to Draft Approved Plans shall include: • Proposal does not require additional technical studies or revisions to existing technical studies; • Changes to lot or block lines which do not significantly affect the number of units or road patterns; • Changes to proposed right-of-way width; • Minor changes to draft plan conditions that do not significantly alter the intent of the condition; • The proposed change does not conflict with any Provincial or Regional policies; and, • Proposals do not result in a conflict with Official Plan policies and Zoning By-law regulations. If minor revisions were delegated, the application would not be scheduled on Council’s agenda. Currently, this process requires 8-9 weeks to receive approval. With delegation, it could save up to 4 weeks of time as the process would not be restricted to Council’s agenda, resulting in 4-5 weeks for approval. 7. Extend the Lapsing Period of a Draft Approved Plan Pursuant to Section 51(32) of the Planning Act, Council specifies that the approval lapses after a certain amount of time (typically 3 years). To date, a request must be submitted, and a report prepared to request the extension prior to the lapsing of draft plan approval or within 5 years of lapsing if an extension has not been previousl y granted by Council. In many instances, the applicant has not kept track of their lapsing Page 8 of 10 Page 215 of 1092 date and is unable to get in their request for extension before draft approval has expired. Delegating this authority would enable Planning Staff to quickly and efficiently grant an extension to draft plan control before or after the expiration date within 5 years of the approval lapsing subject to the regulations of the Planning Act Section 51 (32 and 33). This process would only extend the life of the draft plan approval and would not require the review of additional reports or plans and would not permit changes to the original draft approval. As granting extensions can be considered an administrative task, delegating this approval to staff will free up time for Council to consider more pertinent matters. Currently, this process takes 8-9 weeks. If the authority is delegated, it could save up to 4 weeks, resulting in a 4-5 week process. 8. Draft Plan Approval of Condominium Section 51(16) of the Planning Act allows the applicant to apply for approval of a plan of condominium similar to a plan of subdivision. There are five different types of condominium (standard, common element, vacant land, phased and leasehold), and currently all types of applications are brought forward to Council for draft plan approval. Under Bill 23, none of these application types require a Public Meeting under the Planning Act unless they are brought forward with a corresponding Official Plan or Zoning By-law amendment for Council consideration. In this regard, bringing only an application for Draft Plan Condominium approval before Council is technical in nature as the review process deals with private matters (i.e. private roads, services, amenity space, etc.). Once a condominium application has been draft approved by Council, Planning Staff oversee the completion of the conditions and the final administration of final approval. It would be beneficial for Council to delegate this authority to Planning Staff in order to streamline development approvals and to keep Council’s agenda focused on more non- technical matters. Currently, this process takes about 14-16 weeks. If the authority were delegated, Staff would not be restricted to scheduling a meeting for decision in accordance with Council’s agenda. This could save up to 4 weeks, resulting in an approval process of 10-12 weeks. 9. Condominium Exemption The Condominium Act, 1998, S.9 contains provisions permitting an application for plan of condominium to proceed directly to final approval, exempting it from notice and draft approval requirements required under the Planning Act. Council can exempt Page 9 of 10 Page 216 of 1092 applications on a case-by-case basis, or by passing a by-law that identifies the classes of condominiums that will be exempt from approval. The Planning Act does not outline under what circumstances a Plan of Condominium may receive an exemption. However, there may be circumstances in which all planning considerations have been reviewed, found acceptable, and as such no conditions of draft plan approval are required. In these circumstances, an exemption from the draft plan of condominium process may be appropriate. It should be noted the exemption from Draft Plan of Condominium approval does not include exemption from the submission of final condominium plans for the City to review for site plan and zoning compliance. Staff would not consider condominium exemption in every instance and would inform the applicant when an exemption would not be possible. Currently Staff a ccepts applications for condominium exemption in certain circumstances, such as when the site plan or draft plan of subdivision approval process has dealt with all technical matters for the application. However, Council must consider the request for exempt ion. Delegating this authority would permit staff to process an exemption in a more efficient and effective manner. Currently, this process takes 8-9 weeks to complete. If staff were no longer restricted to scheduling a Council agenda, this could save up to 4 weeks, resulting in a 4-5 week approval process. Financial Implications/Budget Impact Delegating these authorities to Staff will free up Council time to focus on non -technical matters and result in applications being processed at a faster rate. Strategic/Departmental Alignment This proposal contributes to an engaging & accountable government by providing improved customer service experience. Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning None Jason Burgess, CAO None Page 10 of 10 Page 217 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-13 Sunday, March 19, 2023 PBD-2023-16 OPA #155 Official Plan Amendment Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.5 PBD-2023-16 OPA #155 Official Plan Amendment . It is recommended council approve staffs reconditions. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 218 of 1092 PBD-2023-17 Report Report to: Mayor and Council Date: March 21, 2023 Title: Revitalization Grant Application under the Historic Drummondville CIP DRU-2022-001, 5528 Ferry Street Applicant: La Pue International Inc. (Pawel Fugiel) Recommendation(s) That Council direct staff to undertake the following actions to implement the request by La Pue International Inc. to enter into a new phased Revitalization Grant Agreement under the Historic Drummondville CIP: 1. That the Owner satisfies all program requirements including entering into an agreement with the City of Niagara Falls. 2. That Staff be delegated to draft an agreement with the Applicant that is in line with discussions in this report. 3. That the Mayor and Clerk be authorized to sign the agreement. 4. That the current Revitalization Grant Agreement be rescinded and removed from title at the cost of La Pue International Inc. 5. That the revitalization grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP). Executive Summary A request has been received for a Revitalization Grant under the Historic Drummondville Community Improvement Plan (CIP) for the development of 3 multiple storey buildings at the south-west intersection of Ferry Street and Stanley Avenue. The tax based incentive would be received over 3 separate phases, at the completion of each building, rather than at the completion of the whole of the development. A total of 889 residential condominium units are proposed: • Phase 1 - a 30 storey condominium with 435 dwelling units; • Phase 2 - a 16 storey mixed use building with ground floor commercial and 168 condominium dwelling units; and • Phase 3 - a 14 storey mixed use building with ground floor commercial and 286 condominium dwelling units. The grant will help facilitate a major redevelopment estimated at a value of $466,052,065,00 that would assist in revitalizing the surrounding area. Page 1 of 11 Page 219 of 1092 The Revitalization Grant is a tax increment based grant incentive applicable where redevelopment results in an increase in property taxes - a declining percentage of the increased taxes that result from the redevelopment is rebated to the owner annually over a specified term. It is available only after completion and occupancy of the project. The current estimate for the City's portion of the tax increment grant (TIG) is $18.6 million with a net intake of $12.7 million in taxes over the 10 year term. After the TIG term ends the City is estimated to received $3.1 million dollars in taxes on an annual basis. The development charges have not been estimated. A Revitalization Grant Agreement is currently registered against title of this property for a 3 phase, 3 building development with fewer residential condominium units (350) and at a much lower estimate for cost of construction, a factor that affects the amount of the tax grant eligible to the applicant. If supported by Council, Staff will prepare a Revitalization Grant Agreement reflecting the direction and decision of Council. The existing Revitalization Grant Agreement applying to the lands, with an estimated TIG of $8,079,929 of City's taxes over the term of the agreement, would be rescinded and removed from title and the new agreement registered against title at the expense of the applicant. Background The City entered into a Revitalization Grant under the Historic Drummondville CIP for the “Stanley District” development at the corner of Stanle y Avenue and Lundy’s Lane in 2020. At that time the development consisted of a 7 storey mixed use building fronting onto Lundy’s Lane, a 6 storey, 148 room hotel fronting onto Stanley Avenue, and a 30 storey residential building fronting onto Allendale Avenue. A total of 350 residential units were proposed at an estimated construction cost of $151,319,000.00 and development was slated to proceed in a single phase. The property is an amalgamation of five previously separate properties located on the south side of Ferry Street, the east side of Allendale Avenue, and the west side of Stanley Avenue (see Appendix 1). As per the decision of Council, the Historic Drummondville CIP Boundary Area By-law 2006-226 was amended to include the whole of the lands owned by applicant, as it previously included only the northern half of the property fronting onto Ferry Street. The 2020 Revitalization Grant agreement has been amended twice over the past two years. In February of 2021, Council supported a request by La Pue International Inc. to enter into a new and restated agreement to reflect the development of the 3 buildings over three phases and to include provisions for condominium sales which would accommodate the sale of individual units during the term of the agreement. Also, this amendment set the phases of development with the mixed use building and underground parking structure proceeding construction of the 30 storey condominium and the 6 storey hotel. Page 2 of 11 Page 220 of 1092 In March 2022, the applicant entered into a second amendment to the agreement to change the phasing of the development with Phase 1 being the construction of the 30 storey residential condominium (Building B) and underground parking structure; Phase 2 as the 7 storey mixed use building (Building A) and Phase 3 as the 6 storey hotel (Building C). A brief summary chart of the history of the revitalization grant approvals for this property is attached as Appendix 2. The Revitalization Grant Agreement , in its current form with the amendments, (ie. as amended in 2021) supports a grant for a total of 350 residential condominium units at an estimated cost of construction of $213,176,324.00. The density and scale of the development has now been changed to the extent that Council approval for a new agreement has been deemed necessary. The development now proposes a total of 889 residential condominium units at an estimated cost of construction of $466,052,065.00. Analysis The Revitalization Grant Incentive Program The Historic Drumondville Community Improvement Plan (CIP) focuses on the redevelopment of key vacant and underutilized properties in the Plan area and on increasing the number of people living in the area who can support existing and new businesses. Eligible projects under the Revitalization Grant Incentive are those that result in an increase in assessment value and taxes on a property subsequent to redevelopment of a building or vacant property. Time provisions are built into the CIP and the incentive programs to benefit the CIP area over the short term. The Revitalization Grant Incentive Program was designed to provide an economic catalyst for the rehabilitation, redevelopment or developing of properties by the reduction of the large tax increase than can result from such redevelopment and, also, to provide assistance in securing project financing. It offers an annual grant, issued up to a ten year term after completion, equivalent to 80% of the increased City and Region taxes for 5 years, 60% for 2 years, 40% for 1 year and 20% for the last 2 years. As required through the application, financing information has been provided for Phase 1 of the projection (30 storey condominium and underground parking) for 90% of the construction costs with La Pue International Inc. covering the remaining costs. The 2020 development proposal offered a mix of commercial and residential uses on what is considered a “Gateway” between the Fallsview Tourist District and Historic Drummondville and as such was considered at that time to be a benefit to both areas in terms of land use and aesthetics. The development has evolved into a primarily residential condominium development with 892.9m2 (9,612 ft2) of commercial space along Lundy’s Lane. Page 3 of 11 Page 221 of 1092 The development does meet the vision and several goals of the Historic Drummondville CIP to redevelop key vacant and underutilized properties, and to increase the number of people living in the area who can support existing businesses in the area. However, the program, as created in 2006, did not envision the scale of development pro posed through this application nor the condominium ownership aspect of the residential use. Previous revitalization projects supported by the City through the Tax Increment Grant Incentive have been much smaller in scale and costs. The City has entered into 7 previous revitalization grant agreements within the Downtown and Drummondville CIP Areas with estimated grants ranging from $35,000 to $108,000. The City should give proper consideration to the financial aspects of the grant, including the length of the grants based on phasing, as well as the continued costs associated with administering the grant over 899 condominium units on an annual basis. These matters are considered in further detail under the Financial Implications Section of this report. Conformity with Planning Applications Council approved Zoning Amendment By-law 2022-118 on September 12, 2022 to permit the use of the subject lands for the development of three buildings at 16 storeys, 14 storeys and 30 storeys under the Tourist Commercial (TC-1191) Zone. The development proposed under the CIP application is in conformity with the Official Plan and Zoning By-law. A site plan agreement for the development as per the revised zoning is currently underway. The uses permitted on the lands include: an apartment dwelling; uses generally permitted in a TC zone; and dwelling units in a building in combination with TC uses. It is noted that a vacation rental unit may be permitted within these residential units where in compliance with the minimum zoning requirements and subject to licensing. The Revitalization Grant Agreement Condominium Units The Historic Drummondville CIP originally envisioned the creation of residential units for rental purposes. Incentive grants are issued on annual basis only after all taxes have been paid for the property in that year. With rental properties, the redeveloper/owner, being the group/individual who invested in the redevelopment of the site benefits from the grant and are in control of the taxes paid. In the case of condominium units, each individual residential unit owner is the responsible for the payment of property taxes, not the original developer, and as such the confirmation of the payment of all taxes prior to the issuance of a grant becomes more time consuming and complex for Staff calculating the amount of eligible grants (City’s Finance Department). In the case of the subject development, Staff would need to review the tax status for each of the 889 residential units on a yearly basis to verify Page 4 of 11 Page 222 of 1092 the amount of the tax increment grant for the term of the agreement. The grant incentive remains with the developer and is not assigned to each unit owner. If supported by Council, the Revitalization Grant Agreement will need to fully address how incentives will be calculated, on an annual basis, should taxes on any of the residential units are in arrears. Phasing The Revitalization Grant Incentive is structured to provide a grant only after the whole of an approved development has been constructed and MPAC has issued a reassessment of the whole of the property. In addition to the calculation of the incentive across individually owned residential units, the agreement will need to provide guidance to Staff on how and when the incentive grant is calculated based on a buildout over three phases, when the post construction increase in taxes will need to be identified at the end of each phase. The previously approved revitalization agreement amendments had the provision that all phases would have to be completed within 10 years of the date of the agreement and the incentive grant would only be available for a phase if it is completed within that term. The grant period (which also runs ten years) begins with the completion/occupation of each phase. This has once again been requested by the applicant. Consequently, the City may enter into a 20 year commitment for grants to the “Stanley District” development (for example if the occupation of the final phase of construction is 10 years after signing of the agreement, and the grant term of that phase continues for 10 years). Operational Implications and Risk Analysis It is anticipated that the calculation of the annual grant will have an impact on Staff resources in Finance for a number of years to confirm the status of taxes on all 889 individual condominium units. Staff are exploring methods by which the agreement may be simplified to avoid the need for greater staffing resources to administer this project. Financial Implications/Budget Impact The tax increment based grant is confirmed when construction is complete and the Municipal Property Assessment Corporation (MPAC) has added the additional taxable assessment (in this case, for each phase of development). Based on the estimated construction value of $466,052,065.00 and the estimated total increase in tax assessment across the whole of the development, the City’s portion of the grant is estimated to total approximately $18,610,734.74 at the end of the grant period. A breakdown of the estimated grant is attached for Council's information as Appendix 4) It is important to note that the final grant will be calculated using the actual post -project assessed values, as determined by MPAC, and therefore may substantially exceed the current estimate of the grant. The tax increment grant will be funded by the assessment from a cash flow perspective. Page 5 of 11 Page 223 of 1092 Regional Participation The Niagara Region confirmed matching funding for the Revitalization Grant, as amended in 2022. It was understood by the Region through their correspondence that the applicant intended to make additional changes to the project (through a zoning by - law amendment) and requested to remain informed of these changes. Regional Staff are aware of the zoning changes that have occurred as well as discussions that have been ongoing with the applicant in relation to the current incentive grant application. If supported by Council, the current incentive request by La Pue International Inc. and an executed agreement for the project will be forwarded to the Region to once again consider participation in this incentive. It is noted that Regional Staff have been delegated approval of tax incentive grants subject to a cap. Consequently the Region’s participation in this specific grant may require the decision of Regional Council and may be subject to budgeting constraints. If supported by the Region, their estimated portion of the tax grant may total approximately $19 million over the 10 year term of the grant. Together with the City's portions of the grant, the total revitalization tax grant may total $37,666,292 over the 10 year term of the grant. Post TIG, an estimate of $3.1 million per year in Regional taxes is projected. Development Charges City The City's Development Charges By-law provides a 75% residential development charge exemption for projects within the Historic Drummondville CIP boundaries based on the discretion of the General Manager of Planning, Building and Development. Commercial development charges are not exempt. This amount will have to be transferred to the development charge reserve. Currently the City is accruing $80,000 per year Region Regional Council has approved an extension of the Smart Growth Region Development Charge Program through October 1, 2024. The applicants have been advised that a transition agreement will be required for this project . Under a transition agreement, a preliminary assessment for all phases of the project, and a building permit issued, Regional development charges paid and construction begun no later than October 1, 2024 will be required. The Region's Smart Growth development charge grant for eligible projects is up to 50% of the Region's development charges payable, depending on the number of Smart Growth criteria met at the time of verification. Other Incentives The property is exempt from the payment of cash-in-lieu of parkland dedication for residential purposes under By-law 2022-130 as it is located within the boundaries of an approved Community Improvement Plan Area. Page 6 of 11 Page 224 of 1092 List of Attachments APPENDIX 1 - Location map APPENDIX 2 - History of current Revitlazation Grant Agreements APPENDIX 3 - Phasing Plan APPENDIX 4- Draft Grant Estimator Chart Written by: Kira Dolch, Director of Planning, Building & Development Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 15 Mar 2023 Jason Burgess, CAO Approved - 15 Mar 2023 Page 7 of 11 Page 225 of 1092 APPENDIX 1 Location Map & Site Plan, 5528 Ferry Street Page 8 of 11 Page 226 of 1092 APPENDIX 2 Existing Revitalization Grant History – 5528 Ferry Street Date of Agreement Building A Building B Building C Total Residential Units Estimated cost of construction April 2/2020 7 storey mixed use building 65 dwelling units 30 storey apartment building 285 dwelling units 6 storey hotel (148 rooms) 350 $151,319,000 February 9/2021 (amending agreement) 7 storey mixed use 65 dwelling units (condo) 22 to 30 storey residential condominium 285 dwelling (condo) units 6 storey hotel (148 rooms) 350 $213,176,324 Phase 1 Phase 2 Phase 3 March 3/2022 (amending agreement – phases only) Phase 2 Phase 1 Phase 3 Current proposal 16 storey mixed use 168 residential units 30 storey condominium 435 dwelling units 14 storey mixed use 286 residential units 889 $466,052,065 Phase 2 Phase 1 Phase 3 Current proposal suite mix: PHASE 1 & Underground : Building B - 30 Storey (435 units) 2 Bed Units - 226 (51%) 1 Bed Units - 209 (48%) PHASE 2 : Building A - 16 Storey (168 units) 1 Bed Units - 76 (45%) 2 Bed Units - 92 (55%) 9,612 SF Commercial space Phase 3 : Building C – 14 Storey (286 units) 1 Bed Units - 172 (60%) 2 Bed Units - 114 (40%) 10,598 SF Commercial space Page 9 of 11 Page 227 of 1092 APPENDIX 3 - Proposed Phasing Plan Page 10 of 11Page 228 of 1092 APPENDIX 4 – DRAFT GRANT ESTIMATOR CHART Estimated Cost of Rehabilitation:$466,052,065 Pre-project AV:CT $950,000 Date: Dec 31, 2022 CX $2,483,000 Date: Dec 31, 2022 Municipal Pre-project property taxes:CT $9,715.26 (City) CX $21,583.70 (City) CT $9,947.47 (Region) CX $22,099.62 (Region) (as shown below) City pre-project property taxes = (Pre-project AV * City Tax Rate) + Clawback/-Cap + other charges Regional pre-project property taxes = (Pre-project AV * Regional Tax Rate) + Clawback/-Cap + other charges Municipal pre-project property taxes = City pre-project property taxes + Regional pre-project property taxes Post-project AV (estimated)CT $306,366,842 Date: Dec 31, 2022 Calculation of Estimated Grant Estimated Grant = (Estimated Municipal post-project property taxes - Municipal pre-project property taxes) * 0.80 Actual Grant amount will be determined after the property has been revalued by MPAC and a new supplemental property tax bill has been issued and property taxes have been paid in full. GRANT CALCULATION SCHEDULE Year (N)Grant Estimated Grant (1)Factor (2)Municipal Tax Increment * Grant Factor City Region*Municipal 1 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 2 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 3 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 4 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 5 80%$2,481,431.30 $2,540,741.00 $5,022,172.29 6 60%$1,861,073.47 $1,905,555.75 $3,766,629.22 7 60%$1,861,073.47 $1,905,555.75 $3,766,629.22 8 40%$1,240,715.65 $1,270,370.50 $2,511,086.15 9 20%$620,357.82 $635,185.25 $1,255,543.07 10 20%$620,357.82 $635,185.25 $1,255,543.07 * subject to Regional approval and available funding Page 11 of 11 Page 229 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-14 Sunday, March 19, 2023 PBD-2023-17 Revitalization Grant Application under the Historic Drummondville CIP DRU-2022-001, 5528 Ferry Street Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.6 PBD-2023-17 Revitalization Grant Application under the Historic Drummondville CIP DRU-2022-001, 5528 Ferry Street. Did you know I am the first applicant for the Downtown CIP for my building here on Bridge Street? I understand quite a lot about the program and how the region is involved, and I would be asking for a deferral on this matter. Four days to make a $30 million decision, so it would appear. Do you remember when our Mayor, acting in his capacity as Regional Councilor, spearheaded the cause to keep those provisions within the CIP programs alive and how several regional councilors and regional staff condemned his actions? Back then, I thought he had ulterior motives; he even used that site as an example, if I recall, so now it all comes full circle. Anyhow, look a little further into the future; if you can't see it, then I will share it with you. Whatever the outcome of your decision is, it is going to set precedent for every CIP area, including the entire downtown core. Do you recall that MZO with 40-story tall residential building with thousands of residential units located within a CIP area, and although staff appear apprehensive of condominium use, imagine vacation rental as an as of right use for the downtown core, and now how does your view of the proposal look? Page 230 of 1092 Hey, I'm not saying don't approve it. With all due respect, most of you are on top of your game, but I find it hard to believe that this council can take in all the variables within the short time it has been given and make the best decision for the future of all the CIP programs. You may end up granting this one at the expense of every other applicant, big and small. Is there going to be a program the next time another Eddy wants to repair his leaking roof? I sent a letter to the minister concerning that MZO. In it, I addressed my concerns that one development was not only going to drain the entire downtown CIP program funds allotment but that they might even consume the waste disposal capacity of the area and create a building moratorium. Now, we are not discussing the waste topic here, but the CIP program ramifications of this decision will be felt throughout the entire city for decades. This decision may not only affect my property and my future application to a CIP program but every property within every CIP. Also, do I really have to bring up the affordable housing issue for this application? I hear there are some really good exceptions for affordable housing units within those programs; now, that sounds more like the spirit of what today's CIP programs should be. Staff clearly feel that this application has expanded beyond the scope of the spirit of the CIP program and now want guidance from council. Do you not think it would be advisable to follow their lead and seek guidance from the stakeholders of the CIP program itself? Yes, that would mean some type of open house or public consultation event, but we are talking about something that involves a lot of finances and possibly affects hundreds of property owners, if not the entire levy paying tax base. It all comes from one wallet after all. These programs were created when the building height was capped at 4 stories, at least within the downtown area. By all means, approve a development that conforms to the original zoning at the time of the CIP enactment, but it appears re-evaluations of the CIP programs are now needed in light of major zoning amendment changes. This council has every right to withhold this application until it re-evaluates how the myriad of changes implemented since the CIP programs were created need to be addressed. Page 231 of 1092 It is recommended that, at the very least, the council defer the staff's recommendations, if not direct staff to prepare for a public re-evaluation of just what the CIP programs were meant to do, not what they are being manipulated to do. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 232 of 1092 PBD-2023-19 Report Report to: Mayor and Council Date: March 21, 2023 Title: Site Plan Guidelines Update Recommendation(s) 1. That the attached City of Niagara Falls Site Plan Guidelines document be adopted by council and staff be directed to implement; and 2. That the authority to modify and update the City of Niagara Falls Site Plan Guidelines document be delegated to the General Manager of Planning, Building, & Development. 3. That Council direct staff to update the Site Plan Control By-law (By-law 2011-12). Executive Summary The updated Site Plan Guidelines document will help establish clear expectations and standards from which development proposals will be reviewed in order to achieve a consistent level of quality-built environments throughout the City. The objectives of the guidelines include: • ensuring developments are compatible, harmonious, and sensitive with surrounding developments; • promoting the creation of attractive, functional, safe, and environmentally sustainable development; and • setting clear expectations and standards for development approved through the site plan process. Background Site Plan Approval is a multi-stakeholder process, authorized under Section 41 of the Planning Act R.S.O. and implemented through the City of Niagara Falls Official Plan and Site Plan Control By-law 2011-112. The City’s Site Plan Control by-law designates all lands lying within the limits of the City of Niagara Falls as a site plan control area and requires all landowners to apply and obtain site plan approval prior to undertaking any “development” on their lands. The current City Standards for Site Planning document was adopted by Council in 1992. Official Plan Amendment No. 154, adopted by Council on November 22nd, 2022, Page 1 of 133 Page 233 of 1092 permitted the adoption of guidelines to establish minimum standards for site works. OPA No. 154 also permits Council to delegate, by by-law, the adoption of such guidelines to the General Manager, Planning, Building, and Development. Analysis Planning Act Bill 109, the ‘More Homes for Everyone Act’, was passed on April 14th, 2022 and received Royal Assent the same day. The bill introduced changes to the Planning Act that impacts site plan application requirements, including processing timelines. Bill 23, the 'More Homes Built Faster Act 2022' Bill was passed on November 28th, 2022 and received Royal Assent the same day. The bill introduced several changes to the Planning Act including amendments to Section 41 impacting Municipal Site Plan Control Authority. Under Bill 23, developments with 10 residential units or less are no longer considered “development” under the Planning Act and do not require site plan approval. Site Plan Guidelines Document The City of Niagara Falls Site Plan Guidelines require updating to reflect current best practices, regulations, and departmental manuals. The updated guideline document will help establish clear expectations and standards from which development proposals will be reviewed in order to achieve a consistent level of quality-built environments throughout the City. The standards and guidelines contained in the attached document are intended to complement Official Plan policies, by-law requirements, engineering standards, and City departmental manuals. Implementation The City of Niagara Falls Site Plan Guidelines are intended to be a public document that will be updated as policies are modified, new best practices emerge, and as new resources and departmental materials are created. This will help ensure that applicants have access to the most up-to-date information to assist them through the site plan application process. Given the rapidly changing environment due to legislative changes, evolving design standards, rapid growth and environmental concerns, Staff recommend that authority to update and modify The City of Niagara Falls Site Plan Guidelines be delegated to the General Manager of Planning, Building, & Development, to ensure the manual is kept up to date. Page 2 of 133 Page 234 of 1092 Given the aforementioned legislative changes, the existing Site Plan Control By -law will also need to be updated to reflect current legislation. Staff recommend Council direct staff to update the City of Niagara Falls Site Plan Control By-law (By-law 2011-12). Financial Implications/Budget Impact Adoption of the City of Niagara Falls Site Plan Guidelines does not have any financial implications. Strategic/Departmental Alignment The Site Plan Guidelines document is consistent with the City’s Strategic p riority of a ‘Healthy, Safe, & Livable Community’ by providing guidance for a safely designed, vibrant and sustainable community. List of Attachments City of Niagara Falls Site Plan Guidelines_DRAFT Written by: Scott Turnbull, Planner 1 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 13 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 3 of 133 Page 235 of 1092 March 2023 Site Plan Guidelines CITY OF NIAGARA FALLS Page 4 of 133 Page 236 of 1092 1 Contents 1. Introduction.................................................................................................. 3 2. Site Plan Approval Authority ...................................................................... 4 3. Site Plan Process......................................................................................... 4 4. General Drawing Requirements/Checklist ................................................. 8 5. Engineering ................................................................................................ 10 5.1 Low Impact Development (LID) .............................................................. 11 6. Site Design ................................................................................................. 12 6.1 Building Siting and Setbacks .................................................................. 12 6.2 Location of Parking Areas ...................................................................... 14 6.3 Amenity Area.......................................................................................... 14 6.4 Building Design ...................................................................................... 15 6.5 Employment Uses .................................................................................. 16 6.6 Commercial Uses ................................................................................... 17 6.7 Drive-Through Facilities ......................................................................... 18 6.8 Car Wash Facilities .................................................................................18 7. Parking Areas............................................................................................. 19 7.1 Pedestrian Circulation ............................................................................ 19 7.2 Vehicular Flow........................................................................................ 21 7.3 Parking Stalls ......................................................................................... 22 8. Lighting ...................................................................................................... 23 9. Signage....................................................................................................... 24 10. Storage & Loading Areas .......................................................................... 24 10.1 Waste and Recycling Storage ................................................................ 24 10.2 Snow Storage......................................................................................... 25 10.3 Loading Areas ........................................................................................ 26 11. Landscaping............................................................................................... 27 11.1 Landscape Plans.................................................................................... 27 11.2 Landscaping in Parking Areas ................................................................ 28 Page 5 of 133 Page 237 of 1092 2 11.3 Landscape Buffers, Screening, & Fencing.............................................. 29 11.4 Plantings ................................................................................................ 30 11.5 Tree Preservation................................................................................... 31 12. Fire .............................................................................................................. 33 12.1 Design Requirements for Access Routes ............................................... 33 12.2 Location of Hydrants .............................................................................. 36 12.3 Fire Access Route Signs ........................................................................ 37 13. Appendices ................................................................................................ 39 13.1 Site Plan Control By-law......................................................................... 39 13.2 Letter of Credit/Surety Bond Template ................................................... 43 13.3 Fence By-law ......................................................................................... 48 13.4 Approved Street Trees ........................................................................... 54 13.5 Suggested Native Species Plantings ...................................................... 57 13.6 Typical Garbage Bin Enclosure .............................................................. 58 13.7 Typical Wooden Fence Detail................................................................. 59 13.8 Black Vinyl Coated Chain Link Fence Detail........................................... 61 13.9 Typical Brick Wall Detail ......................................................................... 62 13.10 Deciduous Planting Detail ...................................................................... 63 13.11 Coniferous Planting Detail ...................................................................... 64 13.12 Shrub Planting Detail.............................................................................. 65 13.13 Traffic Considerations for Site Plan Preparation ..................................... 66 13.14 Sign By-law ............................................................................................ 93 Page 6 of 133 Page 238 of 1092 3 1. Introduction The Niagara Falls Site Plan Guidelines document is intended to serve as a practical resource to asisst applicants through the site plan review and approval process, and to promote the creation of attractive, functional, safe, and environmentally sustainable development. The City of Niagara Falls Site Plan Guidelines document has been created to achieve the following design objectives: • To ensure developments are compatible, harmonious, and sensitive with surrounding developments. • To ensure site designs that are functional and promote vehicular and pedestrain safety. • To promote attractive developments through the use of greenspace and landscaped area. • To encourage site and building designs that enhance streetscapes and do not cause or contribute to any adverse pedestrian level wind impacts. • To encourage sustainable site design through Low Impact Development (LID) and Passive Solar Design. • To ensure that developments comply with applicable legislation and policies and maintain a consistent municipal standard. • To encourage tree preservation through site design. • To ensure properties are maintined in the long term through the execution and registration of agreements. The guidelines contained in this document are intended to complement existing City of Niagara Falls Official Plan policies, engineering standards, and by-law requirements, as well as Regional and Provincial policies. Page 7 of 133 Page 239 of 1092 4 2. Site Plan Approval Authority Site Plan Approval is a multi-stakeholder process, authorized under Section 41 of the Planning Act R.S.O. and implemented through the City of Niagara Falls Official Plan and Site Plan Control By-law 2011-112. The City’s Site Plan Control By-law designates all lands lying within the limits of the City of Niagara Falls as a site plan control area and requires all landowners to apply and obtain Site Plan Approval prior to undertaking any “development” on their lands as defined by Section 41 (1) of the Planning Act and the City of Niagara Falls Site Plan Control By-law (#2011-112). Bill 23, the 'More Homes Built Faster Act 2022' Bill was passed on November 28th, 2022 and received Royal Assent the same day. The bill introduced several changes to the Planning Act including amendments to Section 41 impacting Municipal Site Plan Control Authority. Under Bill 23, developments with 10 residential units or less are no longer considered “development” under the Planning Act and do not require Site Plan Approval. However, the City encourages developers to use these guidelines when they prepare their building plans to ensure developments are attractive and functional. Staff will monitor developments under 10 units and showcase the results for the Province. 3. Site Plan Process Step 1: Pre-Consultation A pre-consultation meeting with City staff and key agencies is required prior to making an application to assist applicants with the site plan approval process. The purpose of the pre- consultation meeting is to identify the necessary approvals for the proposed project, to address any process questions, to discuss the merits of the proposal, to identify any potential issues that may impact the feasibility of the project, and to confirm the supporting studies and information that will be required for a complete application. Applicants are required to submit a pre-consultation meeting request form, a preliminary drawing of their proposal, and the associated pre-consultation meeting fee in order to schedule a meeting time. Applicants are expected to utilize the City of Niagara Falls Zoning By-law, Official Plan, and this Site Plan Guideline document when preparing the preliminary drawing of their proposal. Upon completion of the pre-consultation meeting, a pre-consultation checklist will be prepared and signed by City staff and will be shared to the applicant for review and signature. Page 8 of 133 Page 240 of 1092 5 Step 2: Site Plan Application Submission Following the pre-consultation meeting, the applicant will prepare the documents, plans , and studies identified during the pre-consultation meeting and submit a formal application. Once a site plan application is submitted, City staff will review the application and supporting materials to deem whether the application is complete. This review will occur within the 30-day period required under the Planning Act. If the application is incomplete, the applicant will be sent a notice of incomplete application letter identifying the outstanding items. Once all outstanding items are addressed, Staff will issue a letter deeming the application complete. Step 3: Site Plan Review If the application is deemed complete, the submitted application and supporting materials will be circulated to applicable external agencies for review and comment. Potential City and external stakeholders include but are not limited to: Site Plan Review Stakeholders City of Niagara Falls External Agencies Building Adjacent Municipalities Finance Niagara Parks Commission Fire Niagara Peninsula Conservation Authority (NPCA) Heritage Provincial Agencies Legal Services Niagara Region Municipal Works: Engineering Railways Municipal Works: Transportation Schools Boards Municipal Works: Landscape Services Utilities (Hydro One, Ontario Power Generation). City and agency staff will have the opportunity to review the application from their area of expertise and provide feedback. The staff member assigned to the file will provide the applicant with a consolidated comment letter, identifying any further revisions or additional information required for the application. The City will offer a meeting to discuss the provided comments in detail with the applicant. If further revisions are required to any of the supporting materials, including plans and/or studies, they should be submitted as a second submission package for staff review. The lead planner assigned to the file will circulate that second submission package to relevant departments and agencies for further review. There is no additional charge for this second submission, however, please note that an additional charge will be imposed for any subsequent submissions. Page 9 of 133 Page 241 of 1092 6 Once all requested information has been received and all revisions have been made to the satisfaction of the City of Niagara Falls, the applicant will submit final copies of the plans for approval. Step 4: Site Plan/Conditional Site Plan Approval Once final drawings have been satisfactorily reviewed by City departments and agencies, approval of drawings will be granted, and a site plan agreement drafted for execution. See Steps 5, 6 and 7 below. Provided the building footprint, driveway entrances and municipal service connections are finalized, conditional site plan approval may be granted to allow for phasing of construction activity prior to final site plan approval and the registration of the site plan agreement. This includes pre-grading of site, tree removal, on-site municipal services, and footings and foundation construction. Building fees, security deposits and a Conditional Permit Agreement will be required. Conditions will be required to be fulfilled prior to final approval, including but not limited to: • Approval of Final Plans o Site Plan o Servicing Plan o Grading Plan o Erosion and Sediment Control Plans o Fire Access Routes Plans o Traffic Impact Study o Elevations and Landscape Plans • Obtaining Permits: o Site Alteration Permit o NPCA and Niagara Region Tree Removal Permit(s), if required. • Approval of Studies and/or implementation of study recommendations o Noise Study o Cultural Heritage Impact Study o Environmental Site Assessment/RSC • Full Payment of Remaining Securities Once these conditions are fulfilled and final site plan approval granted, full Building Permits can be granted. Page 10 of 133 Page 242 of 1092 7 Step 5: Preparation of the Site Plan Agreement Conditional or final approval of the site plan will require the applicant to enter into a Site Plan Agreement with the City of Niagara Falls. The agreement will require that the applicant construct and maintain the site in accordance with the drawings approved by the City. A fee is required for the preparation of the site plan agreement and its registration on the title of the property. The specific form of the site plan agreement (whether conditional or not) will be determined by the City of Niagara Falls. Step 6: Payment of Securities/Deposits As a condition of site plan approval, the City of Niagara Falls will require securities to ensure that site works comply with the approved plans. Securities must be received prior to registration of a site plan agreement. The amount of the security is based on a cost estimate for the site works prepared by the consulting engineer. A security of 100% is required for on-site works including top course asphalt, curbing, landscaping, fencing, and lighting. Partial payment of securities may be required for site works authorized through conditional site plan approval. In such a case, the remainder of the securities will be required prior to final site plan approval. Securities and deposits can be provided in the form of a certified cheque, a Letter of Credit, or a Surety Bond. Refer to Appendix 13.2 for standard Letter of Credit and Surety Bond templates. Step 7: Final Site Plan Approval Final site plan approval is issued once all comments have been addressed and financial securities have been deposited. If conditional site plan approval was granted, the final site plan will be issued once all outstanding conditions of approval have been cleared. Step 8: Construction Prior to construction activity taking place, a construction management plan may be required to address matters of site security and how noise, vibration, debris, and dust will be mitigated for the surrounding area. Page 11 of 133 Page 243 of 1092 8 Step 9: Completion of Works & Release of Securities Upon the completion of development, the applicant’s consulting engineer and/or landscape architect, must certify in writing that site works have been constructed in accordance with the approved plans and site plan agreement. Once the final as-built plans have been submitted where necessary, and a final site inspection is completed and approved by staff, the Planning Department will authorize the release of securities. During development, a reduction to held securities, on a one-time basis, will be considered by the Planning and Development Department. The applicant shall submit an application for reduction along with supporting documentation demonstrating site plan conformance to date and up-to-date cost-estimates. Upon review of the supporting materials and the completion of a site inspection, a reduction to securities may permitted at the discretion of the General Manager of Planning, Building, & Development or their designate. 4. General Drawing Requirements/Checklist Materials and drawings submitted for Site Plan Review are required to be pr ofessionally prepared and where applicable, stamped by Professional Engineer in Province of Ontario , Ontario Land Surveyors, or licensed architects (OALA). Typical drawings required include: • Site Plan • Landscape Plan • Building Elevations • Floor Plans • Grading Plan • Storm Water Management Plan • Servicing Plan • Photometric Plan The chart below broadly identifies the types of professionals accepted by the City of Niagara Falls to prepare Site Plan Application drawings: Page 12 of 133 Page 244 of 1092 9 *Or equivalent as permitted by the Ontario Building Code Technical Drawing Requirements: ☐ Title Block ☐ Title of Drawing ☐ City File Number ☐ Date of Drawing and/or version ☐ Legal Description and Municipal Address ☐ Scale 1:200 or 1:500 ☐ All measurements shall be in metric units only ☐ North Arrow ☐ Key plan ☐ Site Statistics Matrix: ☐ Total Lot Area ☐ Gross Building Floor Area (existing and proposed) ☐ Building Coverage Ratio ☐ Number of Units (If applicable) ☐ Parking Calculations ☐ Building Code Matrix - a quick overview of key OBC factors concerning your design ☐ Zoning Matrix – a chart comparing current and proposed zoning regulations Building Area or Lot Area Site Plan Application Drawings Site Plan & Other Architectural Plans Servicing Plans Grading Plans Landscape Plans Building Area greater than 600 sq. m -as required by the Ontario Building Code - Professional Engineer -Professional Engineer or Landscape Architect - Landscape Architect Building Area less than 600 sq. m -Certified Planning, Engineering or Architectural Technologists or Technician* - Professional Engineer Professional Engineer or Landscape Architect -Landscape Architect Lot Area greater than 0.2 ha (0.5 ac) - Professional Engineer -Professional Engineer or Landscape Architect - Landscape Architect Page 13 of 133 Page 245 of 1092 10 Site Elements: ☐ Property boundaries ☐ Footprints of existing and proposed buildings and structures including locations and dimensions ☐ Outline of existing buildings on adjacent properties ☐ Dimensions of all yards and setbacks ☐ Easements and right of ways ☐ Fire access routes and signage ☐ Traffic circulation and pavement markings ☐ Garbage and storage enclosures ☐ Snow storage areas ☐ Loading areas fully dimensioned ☐ Driveways, parking stalls, and parking aisles fully dimensioned ☐ Location of building entrances ☐ Location of utility poles, hydrants, and other utilities ☐ Adjacent street names ☐ Location of above ground utilities – existing and proposed (utility poles, lighting, street signs, transformer, utility pedestals, fire hydrants etc.) ☐ Sidewalks, ramps, and curbs ☐ Driveways, parking stalls, and parking aisles fully dimensioned ☐ Neighbouring driveways within 10m of the property boundary and across the street ☐ Existing trees recommended for preservation (boulevards and site) and tree preservation fencing 5. Engineering The City of Niagara Falls Municipal Works department is responsible for reviewing servicing designs for development projects during site plan application. Areas of review can include municipal road design, storm water management, noise attenuation, site se rvicing, grading and drainage. Discussions regarding engineering requirements and/or submission of materials should be coordinated through the staff member assigned to your file. The City of Niagara Falls Engineering Design Standards Manual was prepared by the Municipal Works Department to assist applicants in the preparation of engineering plans/reports and development agreements. A copy of the Engineering Design Standards Manual can be requested from the City of Niagara Falls Municipal Works Department and should be read in conjunction with this document. Page 14 of 133 Page 246 of 1092 11 5.1 Low Impact Development (LID) Low Impact Development (LID) is a land development and storm water management practice that seeks to replicate and maintain natural hydrological processes on site. LID is incorporated into a development project through site design and landscape features that filter, store, evaporate, and detain rainwater on site. LID best practices than can be incorporated into a site plan include, but are not limited to: o Green roofs o Permeable pavers o Rain barrels o Cisterns o Bioswales o Rain gardens o Infiltration trenches The City of Niagara Falls encourages the use of Low Impact Development practices where feasible to manage storm water and minimize the impact of development. Further information regarding the use of LID best practices to meet storm water management requirements can be sought during the pre-consultation process or by contacting the City of Niagara Falls Municipal Works Department. Example of bioswale incorporated within a development. Bioswales can be us ed to filter rainwater on-site (Image Source: City of Seattle). Page 15 of 133 Page 247 of 1092 12 6. Site Design Site organization and building design are key components in activating the public realm, enhancing pedestrian safety, reducing land use conflict, and promoting sustainability. The following guidelines should be read in conjunction with applicable policies and urban design guidelines including: • City of Niagara Falls Tourism Policy Review Implementation Handbook for the Central Tourist District. o Applicable to lands between Highway 420 to the north and Livingston Street to the south, the Hydro Corridor and Allendale Avenue to the west and Queen Victoria Park to the east. • Lundy’s Lane Urban Design Guidelines o Applicable to development along Lundy’s Lane approximately between Beechwood Road to the west and Drummond Road to the east. • Region of Niagara Model Urban Design Guidelines o Applicable across the Regional Municipality of Niagara. Design guidelines applicable to your proposal will be identified during the pre-consultation meeting. Further urban design guidelines may be produced or adopted by the City of Niagara Falls, please confirm prior to making a site plan application if a new design guideline is applicable to your property. 6.1 Building Siting and Setbacks • Buildings should generally be situated to reinforce the character of the neighbo urhood, help to frame the street edge, and be designed to create an attractive and safe environment for the internal and external spaces of the site. Examples of buildings providing a continuous street edge and oriented to the street to improve pedestrian experience. (Image Source: Lundy’s Lane Urban Design Guidelines). Page 16 of 133 Page 248 of 1092 13 • Building setbacks from the street should take into account the general character of the neighbourhood and the building setback of the adjacent properties to maintain a compatible and consistent street edge. • Where appropriate and compatible with surrounding development, buildings on corner lots oriented close to the street intersection can frame both primary and secondary streets and emphasize the location as a focal point in the streetscape. • Taller buildings that are adjacent to low rise residential neighbourhoods should provide a setback and/or step down in building height to the adjacent residential neighbourhood that is equivalent to the building height. For such developments, drawings should illustrate a 45-degree plane from the tallest point of the building to the property line of adjacent properties. The objective is to minimize shadowing and the impacts of overlook on adjacent neighbourhoods. Example of Mixed-Use Development Framing Both Primary and Secondary Streets on a Corner Lot. (Source: Town of Milton). Example of Site Plan Orienting the Primary Building Close to the Street intersection and Parking to the Rear. (Source: City of Burlington). Application of a 45-degree plane to a development abutting low-rise residential (Image Source: Lundy's Lane Urban Design Guidelines). Page 17 of 133 Page 249 of 1092 14 6.2 Location of Parking Areas • Parking areas should be located behind or beside the principal building. This will allow the building to be oriented closer to the street edge, creating attractive and pedestrian oriented streets. • Where parking in the front yard already exists, it shall be effect ively screened from view through landscaping. • Where feasible, parking areas should not be located in yards adjacent to a residential zone. If unavoidable, adequate screening should be provided through landscape buffer and/or fencing to screen headlight glare (Refer to 11.3 for further screening requirements). 6.3 Amenity Area • Larger residential developments are encouraged to create common public spaces within their site that help to establish a neighbourhood identity and provide opportunities for residents to socialize. These spaces may include (but are not limited to) features such as: distinctive paving, landscaping, site furniture, open-air structures and public art. Example site plan with parking located internal to the site and to the rear of the primary buildings (Source: Better Town Toolkit). Page 18 of 133 Page 250 of 1092 15 • Larger commercial and industrial developments are encouraged to create outdoor spaces that add employee and/or public benefit. These spaces may include (but are not limited to) features such as: distinctive paving, landscaping, site furniture, open-air structures and public art. 6.4 Building Design • The massing and setbacks of new buildings in established neighbourhoods should be sensitive to adjoining properties and complement the overall character of the area. • Developments shall be encouraged to create attractive and interesting building facades and architectural features, particularly where the structures are in prominent public view. • Rooftop mechanical equipment shall be screened from public view whether by location or by providing a screening enclosure. The enclosure exterior should match, or complement, the exterior architectural finish of the primary building. Rooftop mechanical equipment screened from public view through placement and enclosures (Image Source: Lundy’s Lane Urban Design Guidelines). Example of outdoor amenity areas for office, commercial, and residential development (Image Sources left to right: Michael Starghill for the New York Times, Urban Land Institute, Strong Towns). Page 19 of 133 Page 251 of 1092 16 • Building materials and their finishes should be of a high quality, durable, sustainable and easy to maintain. In addition, materials should be coordinated and complementary to each other and the architectural style of the building. • Wherever possible, transformers and other utilities should be located within the building, screened from public view, or located inconspicuously within the property. • Taller buildings are to be designed to mitigate the impacts of wind and microclimate on pedestrian level activities. In this regard, a microclimate study may be required as part of a submission to identify potential adverse and unsafe pedestrian level conditions as a result of development and how these conditions are to be mitigated. 6.5 Employment Uses • Office uses, showrooms, or any retail components of an employment development should be located along public streets to activate the streetscape. • Warehouse, servicing, and outdoor storage areas should be located at the rear of sites and should not be visible from the primary street. Where this cannot be accommodated, appropriate screening should be implemented to screen outdoor storage from public spaces. Example site plan orienting office uses towards the public street and warehouse uses to the rear of site (Image Source: City of Vaughan Urban Design Guidelines). Page 20 of 133 Page 252 of 1092 17 • Building and site design should promote access for pedestrians, cyclists, and transit users. • Architectural treatment emphasizing entry areas should be considered in building and site design. This can include transparent features such as atriums, plazas, and forecourts. • Building façades that are visible from the street should create architectural interest to avoid single material walls. Treatments could include colour and material variations, windows, and articulations in the wall plane. 6.6 Commercial Uses • Commercial buildings should be sited along public street frontages to reinforce streetscapes and minimize the visual impact of parking areas. • Where possible, sites should be designed to visually connect interior uses with exterior uses through glazing and outdoor patios. • Patios should be located away from stacking lanes, loading and garbage areas, and/or any area where vehicle idling is anticipated. Example retail development utilizing glazing and patios to connect interior and exterior uses. Example of buildings using glass façades and varying materials to break up single material walls and create architectural interest (Image Source: Adobe Stock). (Image Source: Upper Cumberland Business Journal). Page 21 of 133 Page 253 of 1092 18 6.7 Drive-Through Facilities • Commercial drive-through facilities shall be effectively screened and oriented away from adjacent residential areas. At minimum, drive-through facilities are required to be separated from the boundary of residential zones by a minimum perpendicular distance of 10 metres, as measured from the speaker box. • Drive-through facilities accessory to a restaurant or retail store require a queuing lane that can accommodate 12 parking spaces measured from where products are dispensed. • Drive through facilities accessory to a financial institution require a queuing l ane that can accommodate 3 parking spaces measured from where products are dispensed. • The site should be designed to limit pedestrian conflict with vehicular movement including drive through pathways. • Drive through facilities should be located behind or along the sides of the building, and away from public streets or internal roads. Where a drive-through facility must be located adjacent to a public street or a major internal road, it must be screened by a landscape strip. Example drive-through site plan with landscape buffers, noise attenuation measures, and clear pedestrian pathways that do not conflict with vehicular movement (Image Source: City of Ottawa). 6.8 Car Wash Facilities • Car wash facilities should be located away from abutting residential properties or be effectively screened. A noise study may be required where a car wash is in close proximity to residential areas. Page 22 of 133 Page 254 of 1092 19 7. Parking Areas The following guidelines are intended to promote parking areas that minimize vehicle-pedestrian conflict, accommodate vehicle turning movements, and support the City’s urban design and sustainability objectives. The following guidelines should be read in conjunction with the City’s Zoning By-law, Transport Association Canada’s Geometric Design Guide for Canadian Roads (2019), and City of Niagara Falls Traffic Considerations for Site Plan Preparation (Appendix 13.13). 7.1 Pedestrian Circulation • Paths of travel for pedestrians should be designed to provide safe, direct, predictable and barrier-free access throughout the site. This includes appropriate connect ions with building entrances, municipal sidewalks, parking lots, and amenity areas throughout the site. ▪ Pedestrian paths of travel shall be made barrier free through the use of ramps, curb cuts, handrails and in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). ▪ Areas where pedestrian walkways cross vehicular lanes shall be identified by signage, bollards, and or different paving materials or hatched crosswalk markings, to improve visibility and pedestrian safety. Paths of pedestrian travel identified through different materials and colouring (Image Source: Lundy’s Lane Urban Design Guidelines). Page 23 of 133 Page 255 of 1092 20 ▪ Surfaces for all pedestrian walkways shall be hard, non-slip surfaces, and made of durable materials, to provide for safe movement under all weather conditions and for people with disabilities. ▪ Developments should provide cyclists with safe and convenient bicycle parking. Employment related developments should take into consideration employees who may commute by bicycle. In employment related developments consideration may be made for large secure bicycle lockups and bicycle lockers. Where possible bicycle parking should have an overhead cover. • Bicycle parking spaces should be a minimum of 1.8 metres in length, a minimum of 0.6 metres in width and have a minimum overhead clearance of 2.1 metres for covered spaces. Each space should abut an access aisle with a minimum width of 1.5 metres. • If vertical storage is proposed, then the minimum length of each bicycle parking space can be reduced to 1.2 metres. Parking area site plan with dedicated pedestrian walkways connecting to building entrances and the adjacent municipal sidewalk (Image Source: City of Vaughan Urban Design Guidelines). Page 24 of 133 Page 256 of 1092 21 7.2 Vehicular Flow • Vehicular circulation routes should be predictable and well-defined throughout the site. • Vehicular routes should be designed to promote forward movement. Where possible, vehicular routes should avoid dead-end aisle that may result in vehicles reversing on site. If a dead-end aisle cannot be avoided, a hammerhead or similar type of turnaround will need to be provided. ▪ Reversing onto Municipal Right of Ways is not permitted. ▪ Access and circulation should facilitate both standard vehicles, as well as service vehicles including fire trucks, waste collection trucks and emergency vehicles. Access routes for these vehicles shall be identified on the site plan. ▪ Limiting the number of street access driveway entrances is recommended. Where feasible, street access driveway entrances are recommended to be shared between adjacent sites. . ▪ Distance between site driveways and intersections should be provided to create safe turning movements. Site plan showing proper parking orientation, vehicle lanes promoting forward movement, and defined pedestrian pathway and crossings (Image Source: City of Hamilton). Page 25 of 133 Page 257 of 1092 22 ▪ Landscaped islands and medians should be incorporated within the parking area to clearly define vehicle circulation routes. ▪ Passenger loading areas should be located in close proximity to the main building entrance. ▪ Directional signage shall conform to the Ontario Traffic Manual (OTM). ▪ Please refer to the City of Niagara Falls Traffic Considerations for Site Plan Preparation for more detailed requirements (see Appendix 13.13). 7.3 Parking Stalls ▪ Parking stalls should not be located along or accessed from major drive aisles and /or driveway throats to minimize potential conflicts. ▪ It is recommended that parking stalls are not located in front of primary building entrances to avoid conflicts with pedestrian circulation. ▪ In larger parking areas, the parking layout should be designed to provide opportunity for landscaping areas where possible. A target of one (1) landscaping strip for every fifteen (15) consecutive parking stalls should be achieved. ▪ Parking stall length and width and aisle width are to comply with the specifications outlined in the City’s Zoning By-law, as amended. Example of a large parking area utilizing landscaping to break up consecutive parking stalls (Image Source: Adobe Stock). Page 26 of 133 Page 258 of 1092 23 Example of Light Pole standards from the City of Niagara Falls Engineering Standards Manual . 8. Lighting Lighting of residential, commercial, and industrial sites is an important site plan consideration for pedestrian safety, vehicular movement, and the enhancement of building design. The following lighting standards shall apply: • A photometric or ‘lighting’ plan shall be prepared by a qualified professional engineer and should utilize ‘LUX’ measurements. The plan should demonstrate sufficient and uniform light levels across the site with zero (0) light trespass onto adjacent properties. • The type, location, height, intensity, and direction of lighting shall ensure that glare is not cast onto adjacent residential properties adversely affecting living environment, or onto adjacent public streets. No light sources shall be visible from any adjacent residential properties. • Lighting fixtures should complement the design of the development. The City encourages decorative style fixtures that architecturally complement the building design. ▪ Design of lighting and light fixtures shall be compatible with the character of the buildings, and landscaping of the site. ▪ The proposed location of the light poles must not conflict with the location of existing or proposed utilities, trees, landscaping on the site or any proposed tree protection measures. ▪ Lighting fixtures should be designed in accordance with the City of Niagara Falls Engineering Standards Manual. Page 27 of 133 Page 259 of 1092 24 9. Signage • All signage must comply with the regulations of the City of Niagara Falls Sign By -law (refer to Appendix 13.14). • Ground signage is to be shown on the site plan and must not block site lines for vehicular or pedestrian traffic. • Signage shall not be located within any required parking space, municipal right-of-way, daylighting triangle or within 1.5 metres of the adjacent property line. • Signage shall be designed so as not to overwhelm the site or streetscape and should be consistent with the overall architecture of the building. • Any external lighting used to illuminate a sign shall be designed to not direct light onto an adjacent street or property. 10. Storage & Loading Areas On-site storage and loading areas need to be considered during site plan design to ensure proper function year-round. The following storage guidelines shall be considered: 10.1 Waste and Recycling Storage • Where possible, waste and recycling storage shall be located in a primary or accessory building on site. Where this is not possible, storage shall be located discreetly in the side or rear yard of the building it serves, within an enclosed structure screened from public view (Refer to Appendix 13.6). • The enclosure exterior should match, or complement, the exterior architectural finish of the primary building. • Consider the use of low-profile waste storage systems (such as the Molok or Earth Bin systems). • Waste and recycling storage areas shall be designed with sufficient space for service vehicle access without the need for reversing or maneuvering onto the municipal right of way. Page 28 of 133 Page 260 of 1092 25 • Where a site abuts residential development, waste storage facilities are to be located away from such residential development. In situations where this is not possible, a fully enclosed waste disposal system (such as a Molok system), may be considered. 10.2 Snow Storage • Snow storage shall be provided on site and in such a manner as to not impact the proper functioning of the site, including the provision of parking, vehicle circulation, and pedestrian paths of travel. • The location of snow storage should not be piled on landscaping plantings, fencing or other structures. If snow is to be stored in a landscape buffer area, the buffer should be designed with urban tolerant plant materials (refer to Appendix 13.5) and enough space to prevent damage to the perimeter fencing. • Snow storage areas shall be designed with sufficient space for service vehicle access without the need for reversing or maneuvering onto the municipal right of way. • Where feasible, snow storage should be located in proximity to catch basins to promote drainage. Catch basins shall not be covered by snow storage. Designated Snow Storage Area properly signed for no parking (Source: OPPI) Page 29 of 133 Page 261 of 1092 26 10.3 Loading Areas • Loading facilities shall be located in areas that are outside the general view from all abutting streets and in close proximity to the building’s delivery access area. • Where this is not possible, screening through fencing and/or landscape buffering will be required. • Screening materials should match, or complement, the exterior architectural finish of the primary building. • Noise attenuation may be required for service and loading areas adjacent to residential zones. • Commercial and industrial sites may require dedicated truck access to loading areas. • Signage should clearly identify loading and service areas. • Loading areas shall be designed with sufficient space for service vehicle access without the need for reversing or maneuvering onto the municipal right of way. Snow storage placed in proximity to a drainage feature (Source: OPPI) Page 30 of 133 Page 262 of 1092 27 11. Landscaping Landscaping is a critical element of site plan development that enhances the overall design and function of the site. Landscaping promotes compatibility by helping to integrate new buildings with the surrounding area and buffer undesirable noise and sightlines from adjacent uses. The following guidelines shall be considered: 11.1 Landscape Plans • In addition to the general drawing requirements identified in Section 3, landscape plans shall be developed to illustrate: o The location of all existing natural features including vegetation, top of bank, watercourse features, valley lands, etc. o The location of existing site and City street trees to be preserved or removed that are 100mm DBH or greater in size. o All existing trees abutting the proposed development. o Existing and/or proposed fencing, including material, height, and description. o Proposed vegetation and plantings. Example of screened loading area. Screening materials are consistent with overall architectural treatment (Image Source: Lundy’s Lane Urban Design Guidelines). Page 31 of 133 Page 263 of 1092 28 o Proposed site furnishings, including street furniture, waste receptacles, bicycle racks and associated details. o Gradients and drainage patterns throughout the site. o Existing and/or proposed swales. o Identification of all surface material (pavement, sod, interlocking stone, etc.). o Outdoor amenity space. o Any other proposed landscape features. • Landscape plans shall be produced under the supervision of a licensed Landscape Architect in good standing with the Ontario Association of Landscape Architects and shall certify all submissions. 11.2 Landscaping in Parking Areas • Large driveways, parking areas and plazas contribute to the “heat island” effect. These large, paved areas shall be flanked by tree plantings to provide some areas of shade throughout the day. Treed islands within paved areas should be established to provide additional shade. The islands shall be large enough to support the planted trees when mature. • Landscaping and distinctive paving should be utilized to help identify and buffer pedestrian routes within parking areas. • Where an underground parking structure is included, the roof decks shall be fully integrated into the landscape plan and shall be designed to support plantings appropriate for the site. Example of large parking area utilizing landscaping to reduce “heat island” effect (Image Source: Adobe Stock). Page 32 of 133 Page 264 of 1092 29 11.3 Landscape Buffers, Screening, & Fencing • Landscape buffers should be designed to a width of 3 metres in order to accommodate mature plantings, particularly adjacent to parking areas where the parking areas abut residential development or a street. • Narrower landscape strips may be considered for smaller parking areas where the landscape buffer is densely planted to provide an effective screen from abutting streets and properties. • Landscape buffers shall be established along the interface of the development and public road allowances. • Utilization of all-season plant materials is encouraged to provide a year-round buffer. • Parking lots adjacent to public streets should be screened with low level fences, walls or shrub planting. The screening treatment should be low and visually permeable to some degree to maintain some visibility to enhance safety. • A minimum 1.8m high property line privacy fencing shall be required between all residential properties adjacent to multi-residential, commercial, industrial, or institutional uses. Property line privacy fencing shall be constructed of durable materials and be designed to an appropriate long service life (refer to Appendix 13.7). On a case-by-case basis, development abutting residential use may require a taller fence. Parking area screened with low level shrub planting to maintain some visibility (Image Source: Better Town Toolkit). Page 33 of 133 Page 265 of 1092 30 • A commercial grade 1.8m high black vinyl chain link fence shall be required on lands adjacent to City owned parks and open spaces (Refer to Appendix 13.8). • Any wood fencing shall have posts sizing no smaller than 150mm x 150mm (6”x6”) cross- sectional nominal dimension. • In areas where chain link fencing is required, a standard 1.8m high black vinyl coated fence shall be installed (Refer to Appendix 13.8). • All landscape buffers, screening and fencing to conform to the City’s Zoning By -law and Fence By-law (#2014-153). 11.4 Plantings • The use of native species to Niagara Falls is encouraged in all developments. Where the development is adjacent to a natural heritage system, native species plantings are required. Please refer to Appendix 13.4 and Appendix 13.5 for a list of suggested native plantings. Exceptions may be made on a case-by-case basis for special extenuating circumstances. • For brownfield developments, as well as other appropriate sites, considerations should be made for planting phytoremediation species and may be required through an Environmental Site Assessment (ESA). Appropriate plants for phytoremediation are site specific. When phytoremediation is required within a development application, the recommendations of a professional ecologist should be included in the proposal. Example of Foundation Plantings Enhancing the Facade of an Office Building (Image Source: Adobe Stock) Page 34 of 133 Page 266 of 1092 31 • Building foundation plantings are encouraged near building entrances and areas of high public visibility. • Unless designed as part of the storm water management system, landscape plantings shall not occur within drainage swales. • Low height plantings (knee high) should be provided where higher plantings may impede driver sight lines at decision points. • Landscape plantings located in close proximity to lighting fixtures and/or utilities shall be avoided. • Landscape plantings shall be installed in accordance with the planting details outlined in this document (Refer to Appendices 13.10, 13.11 and 13.12). 11.5 Tree Preservation • Tree Preservation Plans shall be produced under the supervision of a licensed professional qualified to undertake the work within the Province of Ontario who shall certify all related submissions. This includes: a Registered Professional Forester (RPF), Certified Arborist (ISA), Licensed Landscape Architect (OALA), Professional Biologist and Professional Ecologist. • Tree Preservation Plans shall inventory all trees with a Diameter at Breast Height (DBH) of 100mm or greater. This includes all trees within the subject site and includes boundary line trees, border trees, municipal boulevard trees at frontages and trees on adjacent properties that the qualified professional believes could be impacted from the proposed development. • The inventory shall be completed in accordance with industry best practices and include at a minimum a plan indicating the location of every tree along with an inventory table. The inventory table shall identify every tree by species name (botanical and common names), size (DBH), condition/tree health and proposed action (preservation or removal.) If a removal is proposed, then a statement of justification is required and there may be a requirement for tree compensation. • Trees that are recommended for preservation shall be protected on -site by sturdy preservation fencing located an appropriate distance from the trunk of the tree. Preservation fencing shall be illustrated on the tree preservation plans and on all site plans. Page 35 of 133 Page 267 of 1092 32 • Special effort shall be made to retain trees adjacent to existing residential land uses. • Developers shall receive written permission from applicable adjacent property owners before any boundary line trees are removed. • Tree Preservation Plans shall be produced in accordance with Niagara Regional and City Tree Preservation Plan guidelines. Where Regional and Local Guidelines conflict, the more protective guidelines shall prevail. Example of Tree Protection Fencing (Image Source: City of Calgary). Page 36 of 133 Page 268 of 1092 33 12. Fire All proposed development will need to meet Ontario Building Code, Fire Code, and the City of Niagara Falls Emergency Access Requirements for a safe and functional site. This includes design and location requirements for emergency access routes and fire hydrants, signage requirements, and site design to accommodate emergency vehicle turning movements. 12.1 Design Requirements for Access Routes Where access is required to a building for fire department vehicles and is provided by a roadway or yard the following criteria shall apply to the design and construction of that access route: • Access routes must: o Be located between 3m -15m from the principal entrance, or any entrance that requires firefighting access; o Be constructed of a hard surface material that can support the weight imposed by fire apparatus; o Be surfaced with concrete, asphalt or other surface designed for year-round accessibility; o Include turn around facilities if dead-end exceeds 90m; and, o Have direct connection to a public thoroughfare. • Access routes shall be designed to a: o Minimum width of the access route – 6m o Minimum centerline radius – 12m o Minimum overhead clearance – 5m o Maximum gradient change – 1:12.5 over at least 15m Page 37 of 133 Page 269 of 1092 34 Access to Building Face Design Requirements for Access Routes Page 38 of 133 Page 270 of 1092 35 Design Requirements for Access Routes Examples of Turn Around Facilities Page 39 of 133 Page 271 of 1092 36 12.2 Location of Hydrants Access routes to every building are required to be designed so that there is an unobstructed path of travel from a fire department pumper to the fire department connection for the building, or where there is no fire department connection, from a fire department pumper to the principal entrance of the building. The maximum path of travel from the principal entrance to a fire hydrant is 90m for buildings that are not equipped with a fire department connection. The path of travel from the fir e department vehicle to the principal entrance or fire department connection must be unobstructed and cannot exceed 45m. Page 40 of 133 Page 272 of 1092 37 Where a building is internally divided so that no internal access is possible between each section, exterior firefighting access must be provided to each section of the building so that the maximum unobstructed path of travel to each section from a fire department pumper is not more than 45m. Fire hydrants shall be located in an area unobstructed from landscaping, snow accumulation or any other impediment. Upon completion of the project, the installing contractor shall certify in writing to the City’s Fire Prevention Office that the hydrant(s) have been tested and left fully operational. 12.3 Fire Access Route Signs Designated fire routes shall be identified by signs erected and maintained in accordance with the following: • All signs indicating a fire route shall be (30) centimeters in width and forty -five (45) centimeters in length, • The Fire Access Route Sign shall display the information “Fire Access Route, No Parking or Stopping” or a symbol in lieu thereof as specified by the Highway Traffic Act, R.S.O. 1990, c. H.8 and its regulations; and • The Fire Access Route Sign shall display additional information required by the Fire Chief. Page 41 of 133 Page 273 of 1092 38 All fire access route signs shall be installed: • At each limit of the Fire Access Route and at intervals not exceeding fifteen (15m) metres along the designated route. • At a height between 1.9m and 2.5m and shall be clearly visible to operators of motor vehicles in the vicinity of the Fire Access Route. Page 42 of 133 Page 274 of 1092 39 13. Appendices 13.1 Site Plan Control By-law Page 43 of 133 Page 275 of 1092 40 Page 44 of 133 Page 276 of 1092 41 Page 45 of 133 Page 277 of 1092 42 Page 46 of 133 Page 278 of 1092 43 13.2 Letter of Credit/Surety Bond Template [bank/credit union letterhead] IRREVOCABLE STANDBY LETTER OF CREDIT Amount: $ Letter of Credit No: Date of Issue: Initial Expiry Date: Beneficiary: The Corporation of The City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Applicant: [name] [address] TO: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 We hereby authorize you to draw on [name of bank/credit union & address] for the account of [name of applicant] up to an aggregate of __________ ($_____), available on demand. Pursuant to the request of the applicant, we, [name of bank/credit union], hereby establish and give you an Irrevocable Standby Letter of Credit in your favour in the total amount of __________ ($ ) which may be drawn on by you at any time, and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have a right as between yourself and the applicant to make such demand and without recognizing any claim of the a pplicant. Provided however, that you are to deliver to [bank/credit union, branch & address] at such time as a written demand for payment is made upon us, a certificate confirming that monies drawn are pursuant to an agreement between and The Corporation of the City of Niagara Falls dated . The amount of this Letter of Credit may be reduced from time to time as advised by notice in writing given to us by you. This Letter of Credit will continue up to the [date- to be one year from date of issue] and will expire on that date and you may call for payment of the full amount outstanding under this Letter of Credit at any time prior to that date, should this Letter of Credit not be renewed. It is a condition of this Letter of Credit that that it shall be deemed to be automatically extended without amendment from year to year from the present or any future expiration date hereof, unless at least 30 days prior to any such date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit renewable for any additional period. Upon receipt by you of such notice, you may draw hereunder by means of your demand accompanied by your written certificate as noted above. Partial drawings are permitted. DATED at this day of , 20XX [Authorized Signatures] Rev. Sep/09 Page 47 of 133 Page 279 of 1092 44 Page 48 of 133 Page 280 of 1092 45 Page 49 of 133 Page 281 of 1092 46 Page 50 of 133 Page 282 of 1092 47 Page 51 of 133 Page 283 of 1092 48 13.3 Fence By-law CITY OF NIAGARA FALLS A consolidated Bylaw Being By-Law No. 2005 -70 as amended by By-law 2014-153 FENCE BY-LAW A by-law to prescribe the height and description of lawful fences. WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes a municipality to pass by-laws respecting fences. WHEREAS this by-law consolidates various amendments to the Fence by-law for ease of use. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions 1 In this by-law: a. "City" means The Corporation of the City of Niagara Falls; b. "City Clerk" means the City Clerk appointed by the Corporation of the City of Niagara Falls; c. "corner lot" means a lot or parcel which is situated at the intersection of and abutting upon two or more streets or parts of the same street provided that the angle contained by two of such lots' or parcels' adjacent lot lines that abut the street or streets is not more than 135 degrees; d. "Council" means the Council of The Corporation of the City of Niagara Falls; e. "front lot line" means, in the case of an interior lot, the line dividing the lot or parcel from the street; where the lot or parcel is a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line and the longer lot line abutting a street shall be deemed to be an exterior side lot line, provided that, where a corner lot has the same dimensions on the two streets upon which it abuts, the lot line abutting the street upon which the building or structure erected or to be erected has its principal entrance shall be deemed to be the front lot line; where the lot or parcel is a through lot, the lot line where the principal access to the lot or parcel is provided shall be deemed to be the front lot line; Page 52 of 133 Page 284 of 1092 49 f. "front yard" means a yard extending across the full width of any lot or parcel between the front lot line and the nearest wall of any building or structure on the lot or parcel; g. "grade level of roadway" means the grade level of the centre of the traveled portion of any roadway; h. "highway" includes a common and public highway, street, avenue, lane, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; i. "interior lot" means a lot or parcel other than a corner lot; j. "intersection" means the area embraced within the prolongation or connection of the lateral boundary lines of the roadway of two or more highways which join one another at an angle, whether or not one highway crosses the other; k. "lawful fence" means any fence, wall (other than a wall of a building), hedge or gate which separates or divides any parcel of land or part thereof from any other parcel of land or part thereof, immediately adjacent thereto, which is erected and maintained in accordance with the provisions of this By-law; l. "lot line" means any boundary of a lot or parcel; m. "municipality" means the geographical area in respect of which the City has jurisdiction; n. "rear lot line" means the lot line farthest from and opposite to the front lot line; o. "rear yard" means a yard extending the full width of any lot or parcel from the rear lot line to the wall of any building or structure nearest to the front lot line; p. "side lot line" means a lot line other than a front lot line or a rear lot line; q. "snow fence" shall mean a light fence of lath and wire; and r. "through lot" means an interior lot that abuts more than one street. Delegated Powers 2.1 The City Clerk is hereby delegated the power to grant minor variances to this By- law subject to the following criteria: I. the general purpose and intent of this By-law are maintained; and Page 53 of 133 Page 285 of 1092 50 II. the variance is minor in nature. 3 The decision of the City Clerk shall be in writing, setting out reasons therefor, and sent to the requester of the minor variance and to every owner of land who shares the fence with the requester. 4 The decision shall state that it does not take effect for thirty days from the date it is given and that any person who has an interest in the minor variance may appeal the decision to Council within thirty days after the decision is given, which appeal must be in writing. Lawful Fence 3.1 No person shall erect, or caused to be erected, or maintain or cause to be maintained, any fence within the municipality unless such fence is a lawful fence. Damaged Fences 4.1 No fence shall be maintained, or caused to be maintained, in a damaged or disrepaired state of condition by reason of fire, decay or otherwise and all fences shall be constructed or caused to be constructed in a sound manner and shall be straight and true. Fence Height 5.1 No fence of a height greater than 75 centimetres above the grade level of any adjacent highway shall be erected or maintained, or caused to be erected or maintained, within 9 metres of any highway intersection. Front Yard 6.1 Subject to section 5 of this By-law, no fence of a height greater than 1 metre above the adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any front yard, provided, however, that the porti on of any such fence erected or maintained along the side or rear lot line of the rear yard of any adjoining property may be of a height not greater than 2.5 metres. 6.2 Where a fence is erected on a terrace in a front yard, the height of such fence shall be calculated as the combined height of the fence and the terrace above the adjoining ground level. Rear Yard 7.1 Subject to section 5 of this By-law, no fence of a height greater than 2.5 metres above the Page 54 of 133 Page 286 of 1092 51 adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any rear yard, provided, however, that the portion of any such fence erected or maintained along the side lot line of the front yard of any adjoining lot shall not be of a height greater than1 metre unless such fence is erected or maintained in the rear yard of a corner lot along the side lot line of the front yard of an adjoining property, in which case the fence may be erected or maintained to a height not greater than 2.5 metres. Commercial, Agricultural or Industrial 8.1 Subject to section 5, a fence not exceeding 2.75 metres in height above the adjoining ground level shall be permitted around the perimeter of any parcel of land used for commercial, agricultural or industrial purposes wherever such parcel does not abut a residential use. Barbed Wire- Vehicle Tires 9.1 No fence composed wholly or partly of barbed wire, other barbed material or vehicle tires shall be erected or maintained, or caused to be erected or maintained, within the municipality, provided, however, that barbed wire or other barbed material may be permitted along the top of any fence of a height greater than 2 metres enclosi ng land used for commercial or industrial purposes, wherever such land does not abut land used for residential purposes, and the manner of affixing such barbed wire or other barbed material is approved by the City Clerk. 9.2 This section shall not apply to barbed wire fences erected in agricultural areas for the purpose of confining livestock. Snow Fence 10.1 No snow fence shall be erected or maintained, or caused to be erected or maintained, for a period exceeding six (6) consecutive months in any year within the municipality on land being used for residential or commercial purposes. Along Highways 11.1 fences erected along a highway or any part thereof shall be maintained and kept in a proper state of repair and condition in accordance with the provisions of this By-law. City-Boards-Commission Fences 12.1 The provisions of this By-law shall not apply to any fence or other barrier wholly or partially enclosing lands owned and in use by the City or any Boards, Commissions or companies providing telephone, electric, water or gas service to the inhabitants of the Page 55 of 133 Page 287 of 1092 52 municipality. Enforcement 13.1 Every person who contravenes any provision of this By -law, and every director or officer of a corporation who concurs in such contravention by the corpo ration, is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act. By-laws Repealed 14. By-law Nos. 77-75, 83-239, 91-11, 94-269 and 2004-042 are hereby repealed. Short Title 15. The short title of this by-law is the Fence By-law. Passed this second day of May, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: May 2nd , 2005. Second Reading: May 2nd , 2005. Third Reading: May 2nd , 2005. Page 56 of 133 Page 288 of 1092 53 Page 57 of 133 Page 289 of 1092 54 13.4 Approved Street Trees Page 58 of 133 Page 290 of 1092 55 Page 59 of 133 Page 291 of 1092 56 Page 60 of 133 Page 292 of 1092 57 13.5 Suggested Native Species Plantings Page 61 of 133 Page 293 of 1092 58 13.6 Typical Garbage Bin Enclosure 1. The arrangement shown on this plan may be used as a guide. Additional styles and materials may be used which will add to the surrounding architecture. 2. External dimensions must be checked against container size for development. 3. Location of screen must be approved by the City. 4. Garbage vehicles require a minimum 26’-0” turning radius. 5. Structural elements such as footing sizes, slab sizes, and stone depths may be subject to change to suit the sites geotechnical conditions and design requirements. Page 62 of 133 Page 294 of 1092 59 13.7 Typical Wooden Fence Detail Page 63 of 133 Page 295 of 1092 60 Page 64 of 133 Page 296 of 1092 61 13.8 Black Vinyl Coated Chain Link Fence Detail Page 65 of 133 Page 297 of 1092 62 13.9 Typical Brick Wall Detail 1. The drawing shown may be used as a guide. Additional styles and materials may be used which will add to the surrounding architecture. 2. Structural element such as footing sizes, slab sizes, and stone depth may be subject to change to suit the sites geotechnical conditions and design requirements. Page 66 of 133 Page 298 of 1092 63 13.10 Deciduous Planting Detail Page 67 of 133 Page 299 of 1092 64 13.11 Coniferous Planting Detail Page 68 of 133 Page 300 of 1092 65 13.12 Shrub Planting Detail Page 69 of 133 Page 301 of 1092 13.13 Traffic Considerations for Site Plan Preparation Page 70 of 133 Page 302 of 1092 Page 71 of 133 Page 303 of 1092 Page 72 of 133 Page 304 of 1092 Page 73 of 133 Page 305 of 1092 Page 74 of 133 Page 306 of 1092 Page 75 of 133 Page 307 of 1092 Page 76 of 133 Page 308 of 1092 Page 77 of 133 Page 309 of 1092 Page 78 of 133 Page 310 of 1092 Page 79 of 133 Page 311 of 1092 Page 80 of 133 Page 312 of 1092 Page 81 of 133 Page 313 of 1092 Page 82 of 133 Page 314 of 1092 Page 83 of 133 Page 315 of 1092 Page 84 of 133 Page 316 of 1092 Page 85 of 133 Page 317 of 1092 Page 86 of 133 Page 318 of 1092 Page 87 of 133 Page 319 of 1092 Page 88 of 133 Page 320 of 1092 Page 89 of 133 Page 321 of 1092 Page 90 of 133 Page 322 of 1092 Page 91 of 133 Page 323 of 1092 Page 92 of 133 Page 324 of 1092 Page 93 of 133 Page 325 of 1092 Page 94 of 133 Page 326 of 1092 Page 95 of 133 Page 327 of 1092 Page 96 of 133 Page 328 of 1092 CITY OF NIAGARA FALLS By-law No. 2021 — 24 A by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by-law making powers respecting signs. AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed applicable to the by-law making powers respecting advertising devices including signs. AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation, including public meetings and direct consultations with representatives of the business community and sign industry. AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the City for purposes of public safety and public aesthetics. AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes provisions concerning signs. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.0 TITLE This By-law shall be known and cited as the "Sign By-law." 2.0 DEFINITIONS The following definitions shall apply for the purposes of this By-law: Advertising device means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. Agricultural land use means the use of land, buildings or structures for agriculture or agricultural-related uses or land zoned Agriculture in the Zoning By-law. Agricultural sign means a sign erected on an agricultural land use. Awning means a fabric over frame structure that projects from the exterior wall of a building that provides shade or other weather protection. Awning sign means a sign that is marked or inscribed upon or within the fabric of an awning. 13.14 Sign By-law Page 97 of 133 Page 329 of 1092 2 - Banner means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material erected upon or supported by one (1) or more poles and includes a flag, pennant or other similar device. Bench sign means a sign painted on or attached to a bench. Billboard means a permanent outdoor third party sign erected and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele. Building face means an exterior wall of a building. Canopy means a permanent, rigid, roof-like structure that is attached to and supported by the exterior wall of a building and may be supported from the ground. Canopy sign means a sign attached to, marked or inscribed on a canopy. Chief Building Official shall mean the person and/or his designate, so appointed by Council pursuant to the Building Code Act. City means The Corporation of the City of Niagara Falls. Community bulletin board means a bulletin board designated by the City upon which a poster may be placed by members of the public. Community Event sign means a temporary sign that is erected for a local charitable community event and may be erected 7 days prior to the event and must be removed 72 hours after the event has concluded. Construction sign means a type of temporary sign that provides information about the activity occurring at a construction site. Council means the Council of The Corporation of the City of Niagara Falls. Directional sign means a free-standing sign that gives directions or instructions for the control of vehicular or pedestrian traffic on a property. Directory sign means a sign listing the tenants of a building containing at least two (2) distinct tenant units and that displays only the name and address of the tenants or occupancies for identification purposes. Electronic Message Centre sign (EMC) means a sign that is capable of displaying words, symbols, figures or images as copy, which can be electronically changed by remote or automatic means. This could include full motion video or fixed copy that changes. Fascia sign means a sign attached to, marked or inscribed on, erected or placed against a wall forming part of a building on a plane at any angle greater or less than ninety degrees to the plane of the building's wall. Page 98 of 133 Page 330 of 1092 3 - First party sign means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located. General ground sign means a ground sign supported by the ground with a maximum vertical clearance of 0.75 metres between grade and the base of the sign. Grade means the average surface elevation of the finished ground below a sign or the point where the ground is in contact with any sign, building, or other structure. Ground sign means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground and includes a pylon sign. Illumination study shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties. Information sign means a sign installed for public safety or convenience regulating on premises traffic, parking or a sign denoting sections of a building and displaying no commercial advertising. Institutional land use means the use of land, buildings or structures for any use permitted under the Institutional zone or land zoned Institutional in the Zoning By- law. Institutional sign means a sign installed on an institutional land use. Legal Non-conforming sign means an existing sign, legally erected prior to December 15, 2008 and for which a permit was previously obtained and which does not conform with any or all of the provisions of this by-law, as amended. Logo sign means a sign attached to the wall of a building and located at the uppermost storey of a building and consisting solely of a graphic, corporate symbol or trademark used to identify a particular building or premise or a particular occupant of a building. Lot means a parcel of land fronting onto a street, which may be described by metes and bounds in a registered deed or be shown in a registered plan of subdivision. Contiguous lots in common ownership and occupied by a single building shall be deemed to be a single lot for the purpose of this By-law. Mansard roof means a roof having two (2) slopes on all sides with the lower slope at an angle of not less than 60 degrees and steeper than the upper slope. Menu Board sign means a sign erected as part of a drive-through facility and used to display and order products and services available in association with the drive-through business. Page 99 of 133 Page 331 of 1092 4 - Murad means any type of display or artistic endeavour applied as paint, film or other covering to an external wall or other integral part of a building or structure that may include words or advertisement or other promotional message or content, including logos or trademarks. New development sign means a first party sign or third party sign that identifies or provides information relating to or advertising the development or construction of a building or buildings. Official population means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada. Official sign means a sign erected by a public authority for the purposes of that public authority. Owner means the registered owner of the premises on which a sign is located or is proposed to be located. Park means any publicly owned or publicly controlled land that is used or intended to be used for outdoor recreation, green space or as a natural buffer. Person means an individual, firm, corporation, association or partnership. Portable sign means a sign not permanently anchored to the ground or attached to a building and designed in a manner as to be capable of being moved from place to place. Without limiting the generality of the foregoing, this definition shall include a mobile sign, sandwich board sign, A-frame sign, and inflatable sign. Poster means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet, notice and placard. Premises means a lot and includes all buildings and structures thereon. Projected image sign means a sign that consists of an image projected onto a wall, sidewalk or other surface. Projecting sign means a building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign. Property line means the boundary of a lot. Public property means property, land or a building owned by the City, The Regional Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as defined in the Municipal Affairs Act, as amended. Pylon sign means a ground sign with a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. Page 100 of 133 Page 332 of 1092 5 - Readograph means a sign or part thereof, composed of alpha-numeric characters which is changed either manually or electronically. Region means The Regional Municipality of Niagara. Regulation means, unless the context indicates a reference to provincial or federal regulations, any standard, rule, requirement or prohibition set out in this by-law. Residential land use means the use of land, buildings or structures exclusively for human habitation. Roof sign means a sign supported entirely or partly by the roof of a building or structure and projects above the roof and parapet and shall not include a sign painted onto a roof. Sign means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice. Sign area means the total area of the surface of every face of a sign including the border or frame, together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or building against which it is erected. Where there is no border or the sign is composed of individually installed letters, numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear outline that uses the least number of horizontal and vertical lines to enclose the grouping of letters, numerals, or shapes. Sign District means an area defined by the City for the purpose of prohibiting or regulating the placing or erecting of signs, notices, and advertising devices. Sign face means that portion of a sign upon which or through which the message of the sign is displayed. Sign uniformity plan means drawings and specifications approved by the City showing the arrangement of all wall signs erected and to be erected on a building or premises containing more than one (1) occupancy, and providing details of the type, character, height, and design of the signs in relation to the architectural features of the building. Street means any highway as defined in the Municipal Act, 2001. Streetline means and is the property line between a lot and a street. Temporary sign means a sign anchored to the ground but erected for a limited period of time. Without limiting the generality of the foregoing, this definition shall include a real estate sign, construction sign, election sign, portable signs, sale banner, and new development sign. Page 101 of 133 Page 333 of 1092 6 - Third party sign means a sign that advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. Visual impact study means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its proposed locations within its surroundings as viewed from relevant vantage points. Wall area means the total area of an upright or vertical side of a building including any articulations. Wall sign means a sign attached to or erected or placed against a wall forming part of a building, or supported by or through a wall of a building and having the exposed face thereof on a plane approximately parallel to the plane of such wall and includes awning signs, fascia signs, and murads. Window sign means a sign posted, painted, or affixed in or on a window exposed to public view. ADMINISTRATION 3. ADMINISTRATION 3.1. Interpretation 3.1.1. Words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse. 3.1.2. The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. 3.2. Administration 3.2.1. The Chief Building Official and/or his designate shall be responsible for the administration of this By-law. 3.3. Permits 3.3.1. Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. 3.3.2. All signs shall conform to the provisions of this By-law. 3.3.3. A permit shall be refused if the proposed sign does not comply with this or any other By-law of the City or Region, or Provincial or Federal statute, regulation or approval. Page 102 of 133 Page 334 of 1092 7 - 3.3.4. (1) A permit issued by the City for a sign shall expire six months from the date of issuance unless the sign is erected for its intended purpose. 2) In the event that an application is made to extend the six month period referred to in subsection 3.3.4(1) above, prior to the expiration of that six month period the time to erect the sign may be extended for a further six months by the Chief Building Official. 3) A permit may only be extended once. 3.3.5. When a sign is removed, the permit issued for that sign shall be deemed to be revoked. 3.3.6. The City may revoke a permit under the following circumstances: a) The City issued the permit in error, or b) The sign does not conform to this By-law, the Ontario Building Code, or any other applicable regulation or legislation or approval, or c) The permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information, or undertakings on the application, plans, drawings, sketches and other documents submitted with the application, or d) The sign is causing, will cause or is contributing or will contribute to a hazardous condition. 3.3.7. If a building permit is issued for a sign that building permit is deemed to be a sign permit for the purposes of this By-law. 3.4. Application for Permit 3.4.1. The applicant for a permit shall be the owner of the property or building on which the sign is to be erected or the authorized agent of the owner. 3.4.2. The applicant shall file with the City an application for a permit on the prescribed form. 3.4.3. The applicant for a permit shall provide to the City: a) A completed application in the form prescribed by the City; b) The written authorization of the owner where the applicant is not the owner of the property or building where the sign is to be erected; c) A drawing showing the location and dimensions of all existing and proposed signs, and identifying the materials of which the proposed sign is to be constructed; Page 103 of 133 Page 335 of 1092 8 - d) A site plan showing the location of the sign in relationship to other buildings and structures, the street, and the boundaries of the property upon which the sign is proposed to be erected; e) Sufficient information for the Chief Building Official to determine that the sign has been designed and will be constructed in compliance with the applicable structural and fire prevention provisions of the Ontario Building Code. 3.4.4. An application for a fascia sign for a building or property containing more than one (1) occupancy or tenant shall include a sign uniformity plan where signs are proposed for more than one (1) occupancy or tenant. 3.4.5. Prior to applying to the City for a permit, the applicant shall obtain approval for the proposed sign, if required, from any other governmental authority having jurisdiction over the sign. 3.4.6. Notwithstanding section 3.4.5 above, in the case of a sign subject to the jurisdiction of the Niagara Parks Commission, the approval of the Niagara Parks Commission may be obtained after the application has been made. 3.4.7. Notwithstanding section 3.4.5 if the Chief Building Official believes unreasonable delays in the process would occur he may issue a conditional sign permit following as closely as possible the rules and procedures of the Building Code Act, 1992, S.O. 1992, c. 23, any replacement legislation of that Act and any regulations promulgated pursuant to that Act or replacement legislation for the issuance of Conditional Building Permits. 3.4.8. Fees payable at the time of the application shall be in accordance with the permit fee structure adopted by the City and shall be paid prior to the City accepting any sign permit application for processing. 3.5. Signs for Which a Permit is not required 3.5.1. No sign permit shall be required for the following signs, provided the erection of such sign complies with all other provisions of this by-law and that a valid building permit is issued by the City, where required by the Ontario Building Code, to permit the erection of such sign: a) Signs to be located on lands that lie within an area that is under the jurisdiction of the Regional Municipality of Niagara, the Niagara Escarpment Commission or the Ministry of Transportation, provided that: i) a permit has been issued by the agency having jurisdiction; and Page 104 of 133 Page 336 of 1092 9 - ii) a valid building permit has been issued by the City for the following types of signs prior to the commencement of erection of such sign: A. Ground signs exceeding 7.5 metres (24.6 ft.) in height; B. Roof signs exceeding 10 square metres in sign area; and C. Billboard signs. b) Official signs or signs pertaining exclusively to public safety; c) Flags of corporations, nations, educational, or religious organizations provided not more than three (3) flags are located at one (1) premises; d) A poster affixed to a community bulletin board in accordance with the provisions of this By-law; e) A sign containing the name and address of a resident or occupant, provided the sign is not more than 0.2 square metres in sign area and does not include any commercial advertising for a residential land use of less than six (6) dwelling units; f) A sign containing the name and address of the building, provided the sign is not more than 2.4 square metres in sign area and does not include any commercial advertising for a residential land use of six (6) or more dwelling units; g) Information signs not more than 0.4 square metres in sign area; h) Real estate signs not more than 0.5 square metres in sign area in a residential zone and 2.0 square metres in all other areas. Such real estate sign shall be removed within 14 days after the date of closure of an offer of purchase or lease of the premises; i) A window sign on the first storey of a building occupied by a commercial use provided the window sign is not more than 20% of each window section or pane; j) Directional sign not more than 0.5 square metres in sign area and 1.2 metres in height; k) An open house directional sign; I) A Construction sign not more than 5.0 square metres in sign area and to be removed within 30 days of the construction being completed or discontinued; m) A sign for a contractor undertaking landscaping, home repairs or renovations, provided such sign is erected no more than two (2) days prior to the commencement of the project and is removed from the property immediately after the project is completed; n) A garage sale sign or a sign advertising a lost pet; o) Election sign; p) Community Event sign not more than 3 m2 (32.29 sq. ft.) in sign area. Page 105 of 133 Page 337 of 1092 10 - q) Menu Board sign not more than 3.5 m2 (37.67 sq. ft.) in sign area and not more than 3 m. in height. 3.6. Prohibited Signs 3.6.1. Any sign not expressly permitted by this By-law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: a) A sign located on or over public property; b) Bench sign; c) A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; d) A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; e) A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; f) A sign located in a daylight triangle; g) An inflatable sign; h) No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; i) Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. Niagara Civic Convention Centre 3.6.2. Notwithstanding the foregoing and the provisions of section 12.1, a banner is permitted to be located on public property, in accordance with the following: 3.6.2.1. The provisions of this section shall apply to any banner erected by the Operator of the Niagara Civic and Convention Centre Inc. 3.6.2.1.1. in this part: a) "Approved fixture" means a fixture for erecting a banner, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. b) "NCCC Banner" means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by or at the direction Page 106 of 133 Page 338 of 1092 11 - of the NCCC within the Designated Area which relates to events to take place at the Niagara Convention and Civic Centre. c) "Designated Area" means the area designated on Schedule B for the erection of NCCC Banners. 3.6.2.1.2. No permit shall be required to erect an NCCC Banner on an Approved Fixture. 3.6.2.1.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.1.4. Contractors retained by the NCCC to erect NCCC Banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.1.5. An Approved Fixture may be located on public lands. 3.6.2.1.6. An NCCC Banner shall not be used for advertising or promoting any event which is not related to the NCCC or any business other than the NCCC. 3.6.2.1.7. All other relevant provisions of this by-law shall apply to NCCC banners. 3.6.2.1.8. The appropriate Business Improvement Association shall be consulted with by the Operator of the Niagara Civic and Convention Centre Inc. where the Designated Area intersects with a Business Improvement Area prior to the installation of any banners. Business Improvement Areas 3.6.2.2. The provisions of this Part shall apply to banners erected by or at the direction of, Boards of Management of a Business Area within the Business Improvement Area of that Board of Management. 3.6.2.2.1. in this part: a) Approved fixture" means a fixture for erecting banners, attached to a pole or structure in a location and of a construction approved by the Director of Page 107 of 133 Page 339 of 1092 12 - Municipal Works of the City within the Designated Area. b) BIA Banner" means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by the Board of Management of a Business Improvement Area within the Business Improvement Area governed by the Board of Management giving the approval and which relates to events and businesses within the BIA. 3.6.2.2.2. No permit shall be required to erect a BIA Banner on an approved fixture. 3.6.2.2.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.2.4. Contractors retained by Boards of Management of Business Improvement Areas to erect BIA banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.2.5. An Approved Fixture may be located on public lands. 3.6.2.2.6. A BIA Banner shall not be used for advertising or promoting any event which is not related to the BIA or to any business located outside boundaries of the BIA. 3.6.2.2.7. All other relevant provisions of this by-law shall apply to BIA banners. 3.6.2.3. Any banner installed in accordance with subsections 3.6.2.1 and 3.6.2.2 above shall comply with the following regulations: 3.6.2.3.1. A banner projecting over a sidewalk shall have a minimum vertical clearance of 2.75.m between the grade and the lowest part of the sign face. 3.6.2.3.2. A banner projecting over any portion of a road shall have a minimum vertical clearance of 4.8m between the road surface and the lowest part of the sign face. Page 108 of 133 Page 340 of 1092 13 - 3.6.2.3.3. A banner shall not be installed on poles supporting traffic control signals or stop/yield signs. 3.6.2.3.4. A banner shall not be installed within 30m of a rail crossing. 3.6.2.3.5. A banner shall not obstruct the visibility of traffic signs, traffic signals or other traffic control devices. 3.6.2.3.6. A banner shall not resemble images or text that imitates any official parking or traffic control signal, sign or device." 4. GENERAL PROVISIONS 4.1. No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. 4.2. Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 4.3. The owner of the premises upon which any sign is located, shall be responsible for every aspect of any sign on that premises and, without limiting the generality of the foregoing, shall obtain any licence required for the sign and maintain the sign in a proper state of repair to prevent the sign becoming unsafe or dangerous. 4.4. No sign shall be located within 1.5 metres of an adjacent lot, except for a fascia sign or wall sign where the adjacent lot line is a shared wall, or is on a structure located on a street corner. 4.5. Any external lighting used to illuminate a sign shall be arranged to not direct light onto an adjacent street or premises. 4.6. Except as provided for in clauses (e) and (f) of section 3.5.1 and section 15 of this By-law no sign is permitted on a residential land use. 4.7. A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.8. It is the express intent of Council that this by-law is not to be interpreted so as to grant rights to persons that they would not have enjoyed but for the passage of this by-law. 4.9. The onus of demonstrating that a sign is not subject to the provisions of this by-law shall be upon the owner of that sign. Page 109 of 133 Page 341 of 1092 14 - 4.10. Changes to a legal non-conforming sign including replacement of the sign content and sign face or restoration, reinforcement and repair to the structural elements of a sign shall be permitted provided all dimensions and location of the sign remain exactly the same and shall be subject to obtaining the necessary sign permit. 4.10.1. Where changes to a legal non-conforming sign necessitate the removal or disassembly of structural elements, in whole or in part, it is, deemed a replacement sign, which necessitates full compliance with all provisions of this by-law and shall require a building permit. 4.10.2. A sign permit shall not be required for any alterations or repairs to a sign for which a sign permit has been issued where such alterations or repairs involve only a change in copy or the repainting, cleaning or other normal activities provided the sign structure is not modified in any other way. II. SIGNS PERMITTED BY DISTRICT 5. SIGN DISTRICTS 5.1. (1) For the purposes of this By-law, the following Sign Districts shown in Schedule "A" are hereby established for the regulation of signs in the City: Downtown District, Fallsview District, Clifton Hill District, Lundy's Lane District, Whirlpool District, Chippawa District, Commercial District and Industrial District. 2) The types of signs permitted in each district shall be as set out in Tables 1 and 2. 3) Where a type of sign is permitted, it shall be subject to the regulations relating to that type of sign. 4) In addition to the regulations described in subsection 5.1(3) a sign shall be subject to any special regulations that apply to that type of sign in the Sign District where the sign is located. 5.2. (1) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Neighbourhood Commercial designation pursuant to By-law No. 79-200 as amended are designated Neighbourhood Commercial Sign District for the purposes of this By-law. 2) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Commercial designation other than a Neighbourhood Commercial designation pursuant to By- law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Page 110 of 133 Page 342 of 1092 15 - 3) Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and zoned any Industrial designation pursuant to By- law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Table 1 Sign Districts Column 1 Column 2 Sign Type Fallsview Clifton Hill Downtown Ground Signs Pylon Sign Yes Yes No General Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes No Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No Yes No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign No No Sandwich Board Signs - Yes All other Portable Signs - No Temporary Sign No No No Banner Yes Yes No Electronic Message Centre Yes Yes No Projected Image Above Ground Yes Yes No Signs On Ground Yes Yes No Readograph Yes Yes Yes Page 111 of 133 Page 343 of 1092 16 - Table 2 Sign Districts Column 1 Column 2 Sign Type Lundy's Lane Whirlpool Chippawa Ground Signs Pylon Sign Yes Yes No General Ground Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes Yes Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No No No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign Yes Yes No Temporary Sign No No Yes Banner Yes Yes Yes Readograph Sign Yes Yes No Projected Image Above Ground Yes Yes No Signs On Ground Yes Yes No EMC Yes Yes No Table 3 Sign Districts Column 1 Column 2 Sign Type Neighbourhood Commercial/Industri Commercial al District Ground Signs Pylon Sign No Yes General Ground Yes Yes Page 112 of 133 Page 344 of 1092 17 - Wall Signs Fascia Sign Yes Yes Murad Yes Yes Awning Sign Yes Yes Logo Sign No Yes Roof Sign No No Projecting Sign Yes Yes Canopy Sign Yes Yes Billboard see section 11.0 Portable Sign Yes Yes Temporary Sign No Yes Banner No Yes Readograph Sign No Yes Projected Image Above Ground No Yes Signs On Ground No Yes EMC No Yes 5.3. In the Downtown Sign District, the following regulations apply in addition to those set out in Tables 1 and 2: a) A fascia sign shall be located within the horizontal band which divides the store front widows from the upper facade; b) A sign in the Downtown Sign District shall not be internally illuminated. 5.4. Notwithstanding Table 1, the following signs are permitted outside of the Sign Districts: a) institutional signs; b)agricultural signs; c) New development signs. III. THE REGULATIONS The regulations specific to each type of sign are as follows: 6. GROUND SIGNS A ground sign shall conform to the following regulations: 6.1. Ground Signs Page 113 of 133 Page 345 of 1092 18 - General ground signs and pylon signs must comply. 6.1.1. One (1) ground sign may be located along a street frontage for each 45 metres of street frontage. 6.1.2. No more than two (2) ground signs may be located on the street frontage of a property. 6.1.3. No ground sign shall be located closer than 30 metres to any other ground sign on the same property. 6.1.4. The maximum total sign area for all ground signs on a street frontage shall be as set out in Table 4. Table 4 Maximum Area Ground Signs Lot Frontage Sign Districts Chippawa All Other Sign Districts 23 metres or less 4.6 sq. m 23 metres to 30 metres 7.0 sq. m Over 30 metres but less - 9.3 sq. m than 46 metres Over 46 metres General Ground Signs : 18.6 sq. m Pylon Sign: 23.0 sq. m All frontages 4.6 sq. m 6.1.5. The maximum sign area for all ground signs on a property shall include the area of all permitted directional signs. 6.1.6. Every ground sign shall display the municipal address of the property upon which the sign is located in numerals that are a minimum height of 150 millimetres. 6.1.7. No part of a ground sign shall be located within 1.5 metres of a street line or public sidewalk. 6.1.8. The maximum height of a ground sign other than a pylon sign shall be 2.4 metres. 6.2. Pylon Signs A pylon sign shall conform to the following regulations: Page 114 of 133 Page 346 of 1092 19 - 6.2.1. A pylon sign shall be erected on a property with a minimum street frontage of 30 metres. 6.2.2. A pylon sign shall not be erected on a street frontage of a lot that is less than 30 metres. 6.2.3. There shall be no more than one (1) pylon sign erected on any frontage of any lot. 6.2.4. Notwithstanding Table 3, a pylon sign shall not be erected in the Main and Ferry District as shown on Schedule "A" of this By-law. 6.2.5. The maximum height of a pylon sign shall be 9 metres. 6.2.6. A pylon sign shall have and maintain a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. 7. WALL SIGNS 7.1. Fascia Signs A fascia sign shall conform to the following regulations: 7.1.1. No fascia sign shall cover or project into any window, door, or other opening on a building face. 7.1.2. A fascia sign may project a maximum of 0.45 metres from a building face over the street line. 7.1.3. A fascia sign projecting .08 metres or more from a building face shall be a minimum of 2.70 metres above grade. 7.1.4. The upper limit of a fascia sign shall not project above the roofline or parapet of a building. 7.1.5. No fascia sign shall be attached to a mansard roof. 7.1.6. The maximum aggregate area of all fascia signs on any one (1) building face shall be 25% of the area of the building face to which it is attached. 7.1.7. Notwithstanding sub-section 7.1.6, the maximum area of all fascia signs on any one (1) building face within the Chippawa District shall be 9.3 square metres. 7.1.8. Where two (2) or more fascia signs are attached to a building, the signs shall maintain a uniform band of signage along the building face defined by locating all signage on the building face in a manner that maintains a consistent horizontal alignment and vertical height. Page 115 of 133 Page 347 of 1092 20 - 7.1.9. In the case of a building containing multiple occupancies or tenants, a maximum of one (1) fascia sign shall be permitted for each tenant or occupancy provided the maximum total sign area permitted for fascia signs is not exceeded. 7.1.10. One (1) fascia directory sign shall be permitted on any building and shall be included in the total maximum sign area for fascia signs. 7.2. Murad Signs A Murad sign shall conform to the following regulations: 7.2.1. The maximum area of a Murad sign shall be 25% of the area of the building face from which it is displayed. 7.2.2. Notwithstanding sub-section 7.2.1, the maximum area of a Murad sign displayed within the Chippawa District shall be 9.3 square metres. 7.3. Awning Signs An awning sign shall conform to the following regulations: 7.3.1. The maximum sign area of an awning sign shall be 25% of the awning to which it is applied. 7.3.2. The maximum length of an awning sign shall be 10 metres. 7.3.3. Awning signs shall not consist of three dimensional letters or graphics. 7.3.4. Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street or shoulder of a street to within 0.8 metres of a street curb or the shoulder of a road. 7.4. Logo Signs A logo sign shall conform to the following regulations: 7.4.1. Where a logo sign is displayed on a building that is four (4) or more stories in height the logo sign shall be displayed on the building face of the upper most storey of that building. 7.4.2. Where a logo sign is displayed on a building of three (3) or fewer stories, it may be displayed anywhere on the building. 7.4.3. The maximum sign area of a logo sign shall be 10% of the portion of the building face defined by the floor and ceiling of the storey of the building upon which the logo sign is displayed. 8. ROOF SIGNS Page 116 of 133 Page 348 of 1092 21 - A roof sign shall conform to the following regulations: 8.1. No more than one (1) roof sign shall be located on a building. 8.2. A roof sign shall be integrated with the architecture of the building on which it is erected and shall not appear as a separate structure. 8.3. A roof sign shall be located a minimum of 1.2 metres from the outer wall of the building on which it is displayed. In no case shall a roof sign overhang the outer wall of a building. 8.4. No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the building. 8.5. No part of a roof sign shall be closer than 1.0 metres to the roof deck. 8.6. The maximum sign area of a roof sign shall not exceed 20 square metres. 8.7. A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or prevent the free access of fire fighters to any part of the building. 8.8. A roof sign shall not obstruct the view from any window or skylight that is in a building located on an adjacent property. 8.9. An application for a roof sign shall include a visual impact study and an illumination study to illustrate and evaluate the impact of the roof sign with respect to the City's skyline and appearance from Queen Victoria Park. 9. PROJECTING SIGNS A projecting sign shall conform to the following regulations: 9.1. A projecting sign shall not encroach onto a public property. 9.2. Notwithstanding section 9.1 a projecting sign may encroach onto a street one half of the distance between the street line and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road, where a shoulder exists, whichever is the lesser of the two distances. 9.3. The maximum area of a projecting sign shall be 7.0 square metres. 9.4. A projecting sign shall maintain a minimum clearance of 2.7 metres above grade. 10. CANOPY SIGNS A canopy sign shall conform to the following regulations: 10.1. The maximum height of a canopy sign shall be 0.6 metres. Page 117 of 133 Page 349 of 1092 22 - 10.2. Where a canopy sign is displayed above the canopy the vertical space between the lowest point of the sign and the top of the canopy or overhang shall not exceed 0.3 metre. 10.3. A canopy sign may project a maximum 0.3 metre from the canopy face. 10.4. A canopy sign shall maintain a minimum clearance of 2.7 metres above grade. 10.5. Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half the distance between the street line and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 11. BILLBOARDS A billboard shall conform to the following regulations: 11.1. A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City's Official Plan. 11.2. Where a billboard is located on a premise, no other signs for which a permit is required shall be displayed on that premises and no sign permits shall be issued to permit any additional signs on that premises. 11.3. Notwithstanding the provisions of section 11.1, billboards are not permitted within the Downtown District and the Chippawa District. 11.4. The sign face of a billboard shall be a minimum 18.0 square metres and a maximum of 70 square metres in sign area. 11.5. The minimum distance between billboards shall be 300 metres. 11.6. The maximum height of a billboard shall be 7.5 metres. 11.7. A billboard shall have no more than two (2) sign faces. Each sign face shall comply with section 11.4. 11.8. Where a billboard has two (2) sign faces the sign faces shall be located, placed and displayed at an angle no greater than 120 degrees which angle shall be measured from the back of the sign faces of the billboard. 11.9. A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City's Official Plan. 11.10. An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. Page 118 of 133 Page 350 of 1092 23 - 11.11. The maximum number of billboards in the City shall not exceed the official population of the City divided by 625. 11.12. The City in each calendar year may approve a maximum of 10 permits for billboards at new locations not currently containing billboards subject to the provisions of section 11.11 which shall supersede this section such that the total number of billboards within the City shall never exceed the number specified the calculation described in section 11.11. 12. BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS Banners, Portable Signs and Temporary Signs shall conform to the following regulations: 12.1. Banners 12.1.1. Not more than two (2) banners shall be placed on a single pole. 12.1.2. The maximum area of a banner shall be 2.5 square metres. 12.1.3. The minimum distance between any part of a banner and the grade shall be 2.7 metres. 12.1.4. A sign permit authorizing the erection, display or maintenance of a banner, that permit shall authorize that owner to erect, display or maintain any number of banners of the same design erected, displayed or maintained in the same manner. 12.2. Portable Signs and Temporary Signs 12.2.1. (1) A sign permit to erect, display, or maintain a portable or temporary sign shall have a maximum term of no more than 30 days. 2) No more than four (4) permits for a portable or temporary sign shall be issued to the same business per calendar year. 3) The total number of days of erection, display or maintenance authorized by the four (4) permits described in sub-section 12.2.1 shall not exceed 120 days per calendar year. 12.2.2. The maximum height of a portable or temporary sign is 1.8 metres. 12.2.3. A portable or temporary sign shall have no more than two (2) sign faces. 12.2.4. The maximum sign area of an individual sign face of a portable or temporary sign shall be 3.0 square metres. Page 119 of 133 Page 351 of 1092 24 - 12.2.5. Where a portable or temporary sign has two (2) sign faces, the sum of the sign area of the two (2) sign faces shall be no more than 6.0 square metres. 12.2.6. (1) Notwithstanding the number of occupancies in a premises, a maximum of one (1) portable or temporary sign per 15 metres of frontage shall be displayed along a street frontage of a property. 2) No portable sign shall be erected, displayed or maintained within 15 metres of another portable sign. 12.2.7. A portable or temporary sign shall be located as specified in the drawings submitted by the applicant to obtain the permit for that portable sign. 12.2.8. A portable or temporary sign shall be secured firmly to the ground to prevent any movement or tipping of the sign. 12.2.9. A portable or temporary sign shall not be animated in any manner and shall contain no mechanically or wind driven moving parts. 12.2.10. Streamers, flags, or flashing lights shall not be attached to a portable or temporary sign. 12.2.11.A portable or temporary sign shall contain no flashing lights or animation. 12.2.12.Without limiting in any way the effect of sub-section 3.6.1(e) a portable or temporary sign shall not be located in or obstruct a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law. 12.2.13.Without limiting in any way the effect of sub-section 3.6.1(a) portable or temporary sign shall not be located on any street or public property. 12.3. New Development Signs A new development sign shall conform to the following regulations: Table 5 New Development Sign Regulations Maximum height 7.0 metres Maximum sign area For a first party sign - 50 square metres For a third party sign — 30 square metres Minimum setback from a property line 5.0 metres Number of signs per street 1 Page 120 of 133 Page 352 of 1092 25 - Sign shall be removed when the City assumes the plan of subdivision or within Duration 60 days of the issuance of an occupancy permit or three years, whichever is the lesser. 13. READOGRAPH or ELECTRONIC MESSAGE CENTRE (EMC) A readograph or electronic message centre sign shall conform to the following regulations: 13.1. A readograph or electronic message centre sign may be incorporated into any ground, fascia, roof sign or billboard permitted by this By-law in the Sign Districts listed in Table 6 below and is subject to the accompanying restrictions: Table 6 Readograph or Electronic Message Centre Sign Area Sign District Maximum Area of Readograph or Electronic Message Centre Fallsview District A maximum of 100% of an existing or proposed sign Clifton Hill District A maximum of 100% of an existing or proposed sign Lundy's Lane District A maximum of 50% of an existing or proposed sign Whirlpool District A maximum of 15% of an existing or proposed sign Commercial/Industrial Districts A maximum of 15% of an existing or proposed sign 13.2. The message or animation of a readograph or electronic message centre shall cycle at an interval of not less than six (6) seconds. 13.3. For the purposes of this By-law, the installation of a readograph or electronic message centre on an existing sign shall require a building permit to ensure compliance with the Ontario Building Code. 13.4. Distance Separation 13.4.1. Electronic message centre sign shall not be erected within 60 m. of any Residential zone, if such a sign will face directly toward the Residential zone; and, 13.4.2. Electronic message centre on a billboard or roof sign shall not be erected within 150 m of any Residential zone, if such a sign will face directly into a Residential zone. Page 121 of 133 Page 353 of 1092 26 - 13.5. Brightness 13.5.1. Electronic message centre signs shall have an intensity of luminance and illumination shall not exceed the lesser of: (a) 3 lux 0.3 foot candles) above the ambient light conditions, or 300 nits 300 cd/m2) during the hours between dusk and dawn; and (b) 5 lux (0.5 foot candles) above ambient light conditions or 5000 nits 5000 cd/m2) during the daytime hours. 13.6. Automatic Dimming 13.6.1. Electronic message centre signs must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the illumination regulations of this by- law. 13.7. Maintenance 13.7.1. Every sign owner shall ensure that each sign be maintained so that electronic message centre signs shall be turned off if not in 100% working order. 14. PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 14.1. Above Ground Projected Image Sign 14.1.1. An above ground-projected image sign shall be projected onto a building face by a projector located on the same property. 14.1.2. When calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed a wall sign. 14.1.3. The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.1.4. An application for an above ground-projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 14.1.5. The projector used to project the aboveground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premise or street. 14.2. On-Ground Projected Image Signs Page 122 of 133 Page 354 of 1092 27 - 14.2.1. An on-ground projected image sign shall be projected onto a horizontal ground plane surface by a projector located on the same premises. 14.2.2. The image projected by an on-ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.2.3. An application for an on-ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property onto which the sign will be projected. 14.2.4. The projector used to project an on-ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 15. TOURIST HOMES SIGNS Tourist Home signs shall conform to the following regulations: 15.1. A Tourist Home may have a maximum of one (1) sign. 15.2. A Tourist Home sign may be a ground sign or a projecting sign. 15.3. A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such yards to be determined in accordance with the provisions of any Zoning By-law of the City of Niagara Falls that applies to the subject Tourist Home. 15.4. No part of a ground sign on a Tourist Home premises shall be located within 3.0 metres of a street line. 15.5. No part of a ground sign on a Tourist Home premises shall be located within 1.8 metres of a side property line. 15.6. A projecting sign for a Tourist Home shall be attached to the front wall of the premises. 15.7. The maximum area of a ground sign shall be 3.0 square metres. 15.8. The maximum area of a projecting sign shall be 1.5 square metres. 15.9. The maximum height of a ground sign shall be 3.0 metres. 16. POSTERS Posters shall conform to the following regulations: 16.1. No person shall erect, place or display a poster on public property other than a community bulletin board. Page 123 of 133 Page 355 of 1092 28 - 16.2. The community bulletin boards shall be located as set out in Schedule "B" to this By-law. 16.3. The maximum area of a poster shall be 0.28 squares metres. 16.4. A maximum of one (1) poster concerning a particular topic may be placed on a community bulletin board at any one time. 16.5. A poster may not be located that obstructs or covers any other poster. 16.6. Posters shall be erected, placed or fastened on the community bulletin board only by means of thumbtacks, pins, or tape. 16.7. City Staff may remove any poster that does not comply with these regulations. 16.8. City Staff shall remove all posters from community bulletin boards on the last day of each month. 17. SANDWICH BOARD SIGNS The regulations governing the sandwich board signs permitted in the Downtown Sign District shall be as follows: 17.1. Notwithstanding any other provision of this By-law, the owner of a premises located in the Downtown Sign District shall be entitled to a permit for one 1) sandwich board sign. 17.2. A sandwich board sign shall consist of two (2) boards, supported by the ground and joined at the top edge to form a rectangular prism. 17.3. A sandwich board sign shall have no more than two (2) sign faces. 17.4. The maximum sign area of a sandwich board sign shall be 1.25 square metres. 17.5. The maximum width of a sandwich board sign shall be 0.75 metres. 17.6. The maximum height of a sandwich board sign shall be 1.5 metres. 17.7. The maximum number of sandwich board signs permitted for each premises shall be one (1). 17.8. A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 17.9. A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. Page 124 of 133 Page 356 of 1092 29 - 17.10. A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. 17.11. All other provisions and regulations of this By-law shall apply to sandwich board signs located in the Downtown Sign District, with all necessary changes in detail. 18. INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 7 Institutional Sign Regulations Type of signs permitted ground sign, fascia sign, projecting sign Maximum number of signs permitted 3 Maximum readograph/electronic message 15% of the sign area centre sign area Lot frontage Max. sign area O to 15m 2.3 sq. m Maximum sign area 16m to 23m 4.6 sq. m 24mto31m 7.O sq. m 31m 9.3 sq. m Lot frontage Max. height 0 to 15m 2.4m Maximum height of a ground sign 16m to 23m 3.6m 24m to 31m 6.0m 31m 7.5m 1.5 metres from any property line unless the ground sign has less than 1.2 metres Minimum setbacks for a ground sign of ground clearance then it shall have a minimum setback of 3.0 metres from a street line. 19. AGRICULTURAL SIGNS The regulations governing the agricultural signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 8 Agricultural Sign Regulations Types of signs permitted ground signs Maximum height 2.0 metres Maximum sign area 3.0 square metres 1.5 metres from any property line unless the ground sign has less than 1.2 metres Minimum setbacks of ground clearance then it shall have a minimum setback of 3.0 metres from a street line Page 125 of 133 Page 357 of 1092 30 - IV. VARIANCES AND AMENDMENTS 20. VARIANCES 20.1. Council hereby delegates the authority to grant minor variances to this By-law to the Director of Planning, Building and Development. 20.2. An application for variance from the provisions of this By-law shall be made to the Director of Planning, Building and Development on the appropriate form and shall be accompanied by the fee prescribed by the City. 20.3. The Planning, Building and Development Department shall prepare a report for the consideration of the Director of Planning, Building and Development, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning, Building and Development. 20.4. The Director of Planning, Building and Development shall give notice of his intention to consider the application not less than ten (10) days before the day the decision is to be made with respect to that application. 20.5. Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 20.6. The notice shall identify the subject premises, state the date scheduled for the decision, provide a brief description of the proposed variance and particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 20.7. The applicant shall post a sign, provided by the Director of Planning, Building and Development, on all street frontages the premises identifying the subject premises, stating the date scheduled for the decision, a brief description of the proposed variance, and the particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 20.8. If the applicant does not correspond with the Director of Planning, Building and Development, the Director of Planning, Building and Development may proceed in the absence of the applicant and the applicant will not be entitled to further notice. 20.9. In the event that the applicant desires to submit additional information for the consideration of the Director of Planning, Building and Development, the applicant may request a deferral of the decision by submitting a written request by 4:30 P.M. of the day before the date the decision is to be made. 20.10. In considering, an application for the variance, the Director of Planning, Building and Development shall have regard to: Page 126 of 133 Page 358 of 1092 31 - a)Special circumstances or conditions applying to the lot, building, or use referred to in the application; b)Whether strict application of the provisions of this By-law in the context of the special circumstances applying to the lot, building, or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant of a type and nature inconsistent with the general intent and purpose of this By-law and the Official Plan; c) Whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; d)Whether the sign that is subject of the variance will alter the essential character of the area in which it is located; and e)Any comments received. 20.11. The Director of Planning, Building and Development may authorize a variance from the provisions of this By-law, with or without conditions, if, in the opinion of the Director of Planning, Building and Development: a)The variance is desirable; b)The variance is minor in nature; c) That the general intent and purpose of this by-law is maintained: and, d)That the general intent and purpose of the Official Plan is maintained. 20.12. In the event that the Director of Planning, Building and Development has refused to grant the minor variance, the applicant may appeal the refusal to Council and the following rules shall apply: a) The applicant shall deliver written notice of his intention to appeal to City Council in the prescribed form together with the prescribed fee within ten days of the date of the decision. b) The Director of Planning, Building and Development shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; c) The Director of Planning, Building and Development shall submit a report to Council stating the rationale for the decision. d) The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. e) Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. f) If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the Director of Planning, Building and Development is final. 21. AMENDMENTS Page 127 of 133 Page 359 of 1092 32 - 21.1. Where a proposed sign fails to meet any of the provisions of clauses (a), b), (c) or (d) of section 20.11; or where a billboard is proposed to be 100% electronic message centre, other than as permitted in this By-law as determined by the Director of Planning, Building and Development or where a proposed sign is not permitted by this By-law, the applicant shall make application for an amendment to this By-law by: a) Filing an application on the form provided with the Planning, Building and Development Department; b)Submitting the prescribed fees; and c) Submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning, Building and Development to assess the application. 21.2. The Director of Planning, Building and Development shall submit a report for the consideration of Council that provides an assessment of the application, the reasons and appropriateness of the proposed amendment and a recommendation to Council. 21.3. At least one (1) public meeting shall be held. 21.4. Notice of a public meeting shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 20 days before the day of the public meeting. In the case of a proposed general amendment to this by-law, notice shall be given by publishing a notice in a newspaper, that, in the opinion of the City Clerk or the Director of Planning, Building and Development, is of sufficient general circulation in the area to which the proposed general amendment would apply, that it would give the public reasonable notice of the public meeting. 21.5. The applicant shall post a sign, provided by the Planning, Building and Development Department, on all street frontages of the premises stating the date, time and location of the public meeting and a brief description of the requested amendment. 21.6. If the applicant does not attend the public meeting, Council may proceed in the absence of the applicant and the applicant will not be entitled to further notice in the proceeding. 21.7. In considering an application for an amendment, Council shall have regard for, with all necessary modification, clauses (a), (b), (c), and (d) of section 20.11 of this By-law. 21.8. Council may impose such conditions, including, but not limited to, the use of electronic message centre signs for public service messaging, upon the granting of an amendment, as it deems appropriate in the public interest. Page 128 of 133 Page 360 of 1092 33 - 21.9. Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. 21.10. Site Specific Provisions 21.10.1. Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4 hereof to the contrary, one pylon sign shall be permitted on the lands at the southeast corner of Murray Street and Stanley Avenue, being PIN 64377-0171 (LT), that are associated with the hotel located at 6361 Fallsview Boulevard, being PIN 64377-0105 LT), having a maximum sign area of 63 square metres." 21.10.2. Notwithstanding any provisions contained in section 7.1 hereof to the contrary, one fascia sign composed entirely of an electronic video screen having a maximum sign area of 5.02 square metres, shall be permitted on the south elevation of the building located on the lands on the east side of Portage Road, south of Keith Street and being PIN 64278-0062(LT), that are associated with the dentist office located at 3690 Portage Road. The sign shall not be used as a third party sign. 21.10.3. Notwithstanding the provisions contained in section 5.0 Table 3 hereof to the contrary, one pylon sign shall be permitted on the lands at the northeast corner of Thorold Stone Road and Kalar Road, being PIN 64296-0194, that is the location of a gas station known as 8267 Thorold Stone Road, and shall: be located not less than 42 metres from the north property line and not less than 82 metres from the east property line; ii.have a maximum height of 8 m; iii.have a maximum sign area of 13 sq. m.; and iv.have the lights dimmed between the hours of 11 pm and 7 am." 21.10.4. Notwithstanding the provisions contained in section 13.0 Table 6 hereof to the contrary, a billboard sign that is 100% electronic message centre shall be permitted on the lands at the southwest corner of Thorold Stone Road and Garner Road, being PIN 64266-0145, that is known as 8972 Thorold Stone Road, and shall: be equipped with photocell technology to automatically adjust the sign's brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road; and, Page 129 of 133 Page 361 of 1092 34 - ii. remove the second existing static billboard sign located nearest the west property line before a permit is issued for the installation of an electronic message centre sign. V. PENALTIES AND ENFORCEMENT 22.PENALTIES AND ENFORCEMENT 22.1. No person shall: a) Erect, locate or display a sign without a permit if a permit is required under this By-law for that sign; b) Erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the permit application; c) Erect, locate or display a sign in a manner that is not in accordance with the regulations of this By-law or the conditions of any variance granted under this By-law; d) Erect, locate or display a sign of a type that is not specifically permitted under this By-law; e) Erect, locate or display a sign that is on or overhangs public property; f) Fail to comply with an order issued pursuant to section 22.6 of this By-law. 22.2. Every person who contravenes any provision of this By-law or an order issued pursuant to section 22.6 of this By-law is guilty of an offence and upon conviction, subject to the penalties and sanctions provided by provincial law for such an offence. 22.3. Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdictions thereafter may, in addition to any other remedy or penalty provided for by law, make an order prohibiting the continuation or repetition of the offence by the person convicted. 22.4. Where a sign is erected or displayed on, over, partly on, or partly over property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice. 22.5. Where a sign is erected or displayed in contravention of this By-law, the Chief Building Official or his designate may immediately pull down or remove any sign that he determines constitutes a safety hazard or concern. 22.6. Where a sign erected on private property does not comply with this By-law or a permit issued under this By-law, the Chief Building Official or his designate, may by order, require the owner to bring the sign into conformity in the manner and within the time specified in the order. 22.7. Any order required under this By-law may be given by: Page 130 of 133 Page 362 of 1092 35 - a) Personal service upon the party being served, or b)prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or c) Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.8. If the owner does not comply with an order given under this By-law within the time specified in the order, the Chief Building Official or his designate may order the owner to remove the sign and restore the property and building in the manner and within the time specific in the order. 22.9. Any order required under this By-law may be given by: a) Personal service upon the party being served, or b)prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or c) Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.10. Where the order is served in accordance with the provisions of this By-law, it is deemed to have been received by the party being served upon the mailing or posting of the order. 22.11. Where a sign is not removed or a property and building are not restored as required by an order issued under this By-law, the Chief Building Official or his designate may have the sign removed and the property and building restored. For this purpose, the Chief Building Official, his designate, or a contractor or other agent may enter upon the property and premises at any reasonable time. 22.12. The costs of removing the sign and restoring the property or building may be recovered by adding those costs to the tax roll to be collected in the same manner as taxes. 22.13. Any sign removed by the City shall be stored by the City for 30 days, during which time the owner may redeem the sign upon payment of the applicable fee prescribed by the City. 22.14. Where a sign has been removed by the City and stored for a period of 30 days and has not been redeemed by the owner, the City may destroy or otherwise dispose of the sign after 30 days without notice or compensation to the owner. 23. CONFLICT 23.1. Where a provision of this By-law conflicts with any other By-law, the By-law containing the higher standard shall prevail. Page 131 of 133 Page 363 of 1092 36 - 24. VALIDITY 24.1. If a Court of competent jurisdiction declares any section or part of a section of this By-law invalid, it is the intention of Council that the remainder of the By-law shall continue to be in force. 25. REPEAL 25.1. By-laws 2008-224, 2009-101, 2010-113, 2010-149, 2011-001, 2013-128, 2016-043 and 2020-065 are hereby repealed effective the date of the passing of this By-law. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021 WILLIAM G. MATSON, CITY CLERK J MES M. DIODATI, MAYOR S:\ZONINGWMS\2021\By-laws\By-law to amend Sign By-law 2008 224.docx Page 132 of 133 Page 364 of 1092 SCHEDULE "B" Community bulletin board locations: 1. MacBain Community Centre - 7150 Montrose Road, Niagara Falls 2. Gale Centre — 5152 Thorold Stone Road, Niagara Falls 3. Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls 4. Oakes Park - 5700 Morrison Street, Niagara Falls 5.M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls 6.E.E. Mitchelson Park - 3750 - 3800 Springdale Avenue, Niagara Falls Page 133 of 133 Page 365 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-15 Sunday, March 19, 2023 PBD-2023-19 Site Plan Guidelines Update Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.7 PBD-2023-19 Site Plan Guidelines Update. 133 pages, a show of hands from the councilors that read the document from start to finish. A hint for those who wish to convey that they did but didn't: pick something deep into the document, somewhere around page 90 or so, and address a concern there; something like are the turning radii of the people mover buses factored into the requirements would be a good one. At least you will have plausible deniability if someone claims you didn't. For those who do not have planning knowledge, try not to embarrass yourselves by making it look like you do. Just raise your hand for the vote and move on. Being a local document, you would think staff could supply local content. It appears not a single picture originates from the city of Niagara Falls; you could even get a picture of a fence around a tree Page 366 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 367 of 1092 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 368 of 1092 R&C-2023-04 Report Report to: Mayor and Council Date: March 21, 2023 Title: Jaida Lee Recognition Recommendation(s) That Council approve the Recreation Committee’s recommendation to install a plaque in recognition of Jaida Lee on the grandstand at Oakes Park. Executive Summary The Recreation Committee discussed the suggestion brought forward by Councillor Mike Strange to recognize Jaida Lee for her accomplishments in baseball. Jaida Lee was the first female to compete in men’s baseball at the Canada Summer Games. Background Jaida Lee was born in 2006 and started playing baseball at the age of six. Jaida has played on boy’s and men’s teams from ten years old, working her way up to an elite level. She has earned spots on both female and men’s teams representing her home province. In August of 2022, representing Newfoundland and Labrador, Jaida was the first female to compete in men’s baseball at the Canada Summer Games. During her first game, her first pitch was a strike. When Jaida played her games at Niagara Falls’ Oakes Park she attracted an audience of supporters and fans. Councillor Strange, recognizing Jaida’s accomplishment in sport, and potential to inspire young female baseball players, brought forward a suggestion to recognize Jaida Lee in Oakes Park. The Recreation Committee, at the Regular Meeting on September 20, 2022, discussed the possibility of recognizing Jaida Lee at Oakes Park and the following motion was made: IT WAS MOVED BY Councillor Mike Strange, seconded by Councillor Chris Dabrowski, that Jaida Lee be recognized for her accomplishment. Motion Carried At the October 18, 2022, Recreation Committee Meeting the Committee had further discussion and recommended a plaque be installed on the Grandstand at Oakes Park and that Jaida Lee be invited to throw the first pitch at an appropriate game or tournament. Page 1 of 2 Page 369 of 1092 Analysis The Recreation Committee’s Purpose is to foster and develop recreation opportunities to enhance individual wellbeing, community wellbeing, and the wellbeing of our built and natural environments. Due to Jaida’s significant achievement and ability to inspire and encourage other young players, the Recreation Committee recommends that a plaque be installed in recognition of Jaida Lee at Oakes Park and unveiled at a future date. Financial Implications/Budget Impact A plaque will be created and installed with no other financial/staffing/legal implications. Strategic/Departmental Alignment Strategic Priority, Healthy, Safe, and Livable Community: provide opportunities for residents to remain connected and engaged, enjoy good health and participate fully in the community. Continue to implement the recommendations from the 2021 Recreation, Culture, and Parks Ten Year Plan. Written by: Beth Angle, Manager of Recreation and Programs Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 10 Mar 2023 Jason Burgess, CAO Approved - 13 Mar 2023 Page 2 of 2 Page 370 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-16 Sunday, March 19, 2023 R&C-2023-04 Jaida Lee Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.8 R&C-2023-04. Jaida Lee. If Councilor Strange wants to get up and provide some heartwarming words of thanks to the various organizations and Jaida, which appears to be his special role amongst council, could he try not to repeat himself and keep it under five minutes? That would go a long way to keeping the streamers watching, which are ever increasing according to the Mayor, from getting distracted. It is recommended to approve staff recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. Page 371 of 1092 "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 372 of 1092 F-2023-11 Report Report to: Mayor and Council Date: March 21, 2023 Title: Water/Wastewater Policy Amendments Recommendation(s) 1. THAT Council APPROVE staffs recommended changes to 700.23 Water/Sewer Collection Policy as indicated in attachment 1, to take effect on January 1, 2024, and further that effective January 1, 2024 that Council REPEAL 700.28 Water/Sewer Tenant Accounts Policy, which will no longer be applicable. 2. THAT Council APPROVE staffs recommended changes to 700.24 High Water Consumption Policy as indicated in attachment 2. 3. THAT Council APPROVE staffs recommended changes to 700.27 Water Disconnection and Reconnection Policy as indicated in attachment 3, to take effect on January 1, 2024. Executive Summary The City of Niagara Falls currently has eight (8) Council approved policies relating to water and sewer accounts. These policies were approved April 30, 2019. Staff is requesting Council consider amendments to three (3) of the approved policies (700.23, 700.24 and 700.27) as outlined in the Analysis section of this report. If staffs preferred policy changes regarding tenant accounts is approved, Council is requested to repeal policy 700.28 which would no longer be applicable. Background On April 30, 2019, Council approved eight (8) water and sewer policies as follows: 1. 700.23 Water/Sewer Collection Policy 2. 700.24 High Water Consumption Adjustment Policy 3. 700.25 Water/Sewer Back Billing Policy 4. 700.26 Reluctant Water/Sewer Charges Policy 5. 700.27 Water Disconnection and Reconnection Policy 6. 700.28 Water/Sewer Tenant Accounts Policy 7. 700.29 Collection of Water/Sewer Arrears from Condominiums Policy 8. 700.30 Estimating Consumption on Malfunctioning Water Meters Policy Page 1 of 12 Page 373 of 1092 These policies can be found on the City's website; https://niagarafalls.ca/city-hall/finance/water-information.aspx Staff are recommending changes be made to the following policies: 1. 700.23 Water/Sewer Collection Policy 2. 700.24 High Water Consumption Adjustment Policy 3. 700.27 Water Disconnection and Reconnection Policy If staff's recommended changes are approved regarding 700.23 Water/Sewer Collection Policy, then Council is asked to repeal the following policy as of Janu ary 1, 2024 as it will no longer be applicable: 1. 700.28 Water/Sewer Tenant Accounts Policy Staff have included the existing policies with a markup showing the recommended amendments in attachments 1-3. Analysis 700.23 Water/Sewer Collection Policy (Attachment 1) The City of Niagara Falls current water and wastewater billing policy allows a tenant to receive a water bill in his or her name if they provide the following: 1. A water deposit and; 2. A tenant connection form Deposit amounts vary depending on the size of the meter with the average deposit being $230. Upon the final billing of a tenant account, deposits are refunded net of any outstanding charges. If there is an outstanding balance when a tenant closes their account, the City will make reasonable attempts to follow up with the tenant for payment. If the tenant fails to pay, then the balance is sent to a third party collections agency. The Municipal Act, 2001 (“the Act”) provides authority to municipalities to recover unpaid fees related to the supply of water and wastewater services by adding arrears to the tax roll of the property supplied. The Act permits collection of all unpaid fees and does not distinguish whether the arrears result from an owner or a tenant. In such circumstances the fees and charges added to the tax roll will have priority lien status as described under the Act. There is currently only one other municipality in the Niagara Region which allows tenant accounts (Niagara-on-the-Lake). With the exception of the City of Niagara Falls, all municipalities in the Niagara Region, including Niagara-on-the-Lake, currently transfer Page 2 of 12 Page 374 of 1092 water arrears to the tax roll including tenant arrears. Due to past Council direction, tenant arrears in Niagara Falls must be pursued in other ways and if efforts are unsuccessful the account will be written off at the expense of all users of the water system. This is not a best practice. This report seeks support to use the collection ability provided in the Act to collect all water and wastewater arrears through the property tax roll. The City currently has 32,174 water accounts, with approximately 3,120 of those belonging to tenants. Although tenant accounts represent only 10% of total water accounts, they consume a disproportionate amount of staff time, with little recovery. There are a number of factors which contribute to this; 1. High account turnover. Tenants tend to move more frequently than owner occupied properties. Every time new occupants take possession of a home, a staff member has to physically visit the property to read the meter. An account is set up for the new tenant, and staff then issues a manual final bill. In 2022, the City issued 3,418 final water bills, 21% of those bills related to rental properties. 2. Collection efforts on active accounts. Active tenant accounts in arrears require the City to spend significant resources to reduce the risk of non payment. This includes entering into verbal and written payment arrangements as well as following up to ensure payments are made accordingly. Disconnection notices are prepared and hand delivered and physical disconnections need to be managed and tracked. 3. Collection efforts on final accounts. Once a tenant vacates a property they can be difficult to track down. It is not uncommon for tenants to move without informing the City, in which case there is no address to send the final bill. Staff gather as much information as possible and send to third party collections . In contrast, when a property owner moves out, staff can usually work with the vendor or purchasers’ lawyer to ensure collection. 4. Tenant-Landlord disputes. It is not uncommon for staff to find themselves caught in disputes between tenants and landlords when it comes to the responsibility for water accounts. These disagreements are usually related to tenant connection or disconnection date, or whose name the water account should be in. This is especially difficult when leaks are present and each party places the blame on the other. Other factors that contribute to higher administration of tenant accounts include: 1. Coordinating the collection and tracking of water deposits 2. Processing and mailing of refund cheques when the deposit exceeds the final water bill Page 3 of 12 Page 375 of 1092 3. Preparation and delivery of disconnection letters In addition to the disproportionate amount of staff time spent on tenant accounts, as indicated above, there are a number of costs associated with maintaining tenant accounts that are not applicable for maintaining owner accounts. For example, in 2022 the City’s contracted meter reading service hand delivered 4,576 disconnection notices at a cost of $9,328. Other costs to note include, purchase of supplies to maintain the current collection procedures such as door knockers, letterhead and postage. Given the operational challenges and inefficiencies, as well as the financial implications, staff is recommending that Council eliminate the option for tenant water and wastewater billing effective January 1, 2024. If approved, staff will immediately begin preparing educational information to inform rental property owners of this upcoming change. This information will be posted to our website, through our social media channels and provided as a direct mailing. To minimize disruption of this policy change, all existing tenant accounts as at December 31, 2023 would be grandfathered, so there would be no impact on existing tenant water accounts. Under this revised policy, only the owner shall be liable for payment to the City for all water and sewer rates, fees and charges. The City will no longer collect a deposit or put an account into a tenant’s name. Changing this proces s will allow for greater municipal efficiencies, full recovery of outstanding accounts (other than the grandfathered tenant accounts) and is consistent with other municipalities’ practices. 700.24 High Water Consumption Adjustment Policy (Attachment 2) The current process for a high water consumption adjustment is to provide residential account holders a one-time per property adjustment on the excess consumption during a period of a leak. The current policy does not include a time limit to submit an application for the High Water Consumption Adjustment Rebate. Per Attachment 2, Staff are requesting that the current policy be amended to include a provision that applications be received within 6 months from the date of repair of a leak. 700.27 Water Disconnection and Reconnection Policy (Attachment 3) The current policy for water disconnections and reconnections allows the property owner to have the water disconnected at their property with all billing charges discontinued until such time as the owner requests to have their water services restored. In doing some research, staff has determined this also not a best practice as the City’s requirement to maintain and replace the municipal portion of services to the property line is still in place regardless of whether the water is shut off. Staff are requesting a change to the billing procedure which would see billing continue for fixed charges only. Billing would only cease if the structure on the property has been Page 4 of 12 Page 376 of 1092 demolished. The City currently has 995 inactive meters that would potentially be effected by this policy change as of January 1, 2024. If approved, staff would immediately start the process of sending out communication to these accounts indicating the changes to the fees as of January 1, 2024. Financial Implications/Budget Impact Water/Sewer Tenant Accounts (Attachment 1) Eliminating tenant accounts would allow for full recovery of outstanding water/sewer accounts. This option would increase organizational efficiencies as under the current process significant staff time (88 hours/week) is spent on tenant collection procedures by various staff members as illustrated in the presentation. By changing the collection policy to only permit owners to sign up for a water account as of January 1, 2024, any accounts in arrears would be transferred to the owner’s tax roll. This would replace the current process of sending outstanding tenant balances to a collection agency, where the City currently has a low collection rate. With an owner accounts any outstanding balance over $200 is transferred to the tax roll. The current amount of water/sewer accounts outstanding with third party collections since 2014 is 854 accounts with a total outstanding balance of $217,580. Included in this balance looking at recent statistics for 2021-2022, the City has sent $95,841 to collections. The collection agency was able to recover $33,183 for a cost of $10,224 resulting in net collected amount to the City of $22,959. This make the average collection rate for 2021 -2022 net of collection agency costs equal to 24%. Other than the existing grandfathered tenant accounts in place as of December 31, 2023, the City would have full recovery of outstanding water/sewer accounts with no need to send to a third party collection agency. With the frequency in which tenants move, the City is confident within a few years the amount of grandfathered tenant accounts would be greatly reduced. High Water Consumption Adjustment Policy (Attachment 2) The current budget of $35,000 for High Water Consumption Rebate is sufficient to cover the amount of rebates applied for annually. Water Disconnection and Reconnection Policy (Attachment 3) The City currently has 995 inactive meters that would potentially be effected by this policy change as of January 1, 2024. Assuming all 995 inactive meters are on a property with a structure, using 2023 fixed charges for a 5/8 x 3/4 meter ($21.99/month for water and $24.82/month for sewer) this would result in additional revenue in the water budget of $262,561 and additional revenue in the sewer budget of $296,351 for total additio nal revenue of $558,912. Page 5 of 12 Page 377 of 1092 Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To provide customer satisfaction through the efficient handling of customer inquires and issues. 2. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long - term choices that allow core City programs and services to be sustainable now and into the future. 3. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. List of Attachments F-2023-11 Attachment 1 - 700.23 Water Sewer Collections Policy F-2023-11 Attachment 2 - 700.24 High Water Consumption Adjustment Policy F-2023-11 Attachment 3 - 700.27 Water Disconnection and Reconnection Policy Written by: Tiffany Clark, Director of Finance Stephanie Young, Water Tax Administrator Submitted by: Status: Tiffany Clark, Director of Finance Approved - 14 Mar 2023 Shelley Darlington, General Manger of Corporate Services Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 16 Mar 2023 Page 6 of 12 Page 378 of 1092 Department Finance Division Finance Subject Water/ Sewer Collections Policy Policy # 700.23 Issue Date April 9, 2019 Revision Date March 21, 2023 ☒ Policy ☐ Procedure Page Page 1 of 2 Submitted by Director Tiffany Clark Date April 9, 2019 Recommended by CAO Ken Todd Date April 9, 2019 ☐ Approved by Council Report# F-2019-14 Bylaw#Date Purpose This policy provides the framework for collection procedures for all both tenant and owner water accounts. Timing This policy will take effect on January 1, 2024. Procedure Account Holders A water and sewer account is established in the owner’s name at the time of property purchase. The owner shall be liable for the payment to the City for all water and sewer rates, fees and charges. The liability imposed upon an owner shall remain with the owner notwithstanding any contract or agreement to the contrary entered into by the owner with any other person. Penalty A penalty of 1.25% will be added on the amount of outstanding water and sewer arrears at the beginning of each month. Penalties may not be waived. Failure to receive a bill does not excuse an account holder from the responsibility for payment of the utility bill and penalty. All payments received will be applied first towards penalty and arrears, if any. Transfer to Taxes Past due accounts more than 60 days in arrears with a balance over $200.00 will be transferred to the tax roll. A fee associated with the water transfer is applied to the tax roll per the Schedule of Fees. Tenant Accounts In order to start a water account in a tenant’s name the tenant must pay the required deposit per Schedule A of the water by-law, as amended and sign a connection agreement. Once completed the tenant is solely responsible for the water bill. Page 7 of 12 Page 379 of 1092 Department Finance Division Finance Subject Water/ Sewer Collections Policy Policy # 700.23 Issue Date April 9, 2019 Revision Date March 21, 2023 ☒ Policy ☐ Procedure Page Page 2 of 2 Submitted by Director Tiffany Clark Date April 9, 2019 Recommended by CAO Ken Todd Date April 9, 2019 ☐ Approved by Council Report# F-2019-14 Bylaw#Date In the event that any water and sewer bill issued to the tenant's account is unpaid the following procedure will be followed: 1. Eleven (11) days after the date of the bill, the City shall send a reminder notice, which reminder notice shall warn that tenant that, if the account remains delinquent the water supply to the premises will be subject to disconnection and the associated account will be subject to the application of any fees charged for the disconnection of a water account as provided in Schedule A of the water by-law, as amended. 2. If at the end of the “payment by date”, specified in the reminder notice described above, the account remains delinquent, a third and final notice shall be served upon the tenant specifying the time by which payment, including any fees, must be made in order to avoid having the water disconnected. 3. In the event the tenant’s account remains in default after the due date of notice above the City will disconnect the water. The tenant must then pay the outstanding bill plus the disconnection and reconnection fees associated in order to have the water reconnected. 4. If the water supply remains disconnected at the property or the tenant leaves the property a final bill will be issued to the tenant. 5. If the final bill remains unpaid the tenant’s deposit will be applied to the arrears and any remaining balance will be sent to a collections agency for collections. 6. If the tenant wishes to reconnect the water after this point they must pay all arrears, a new deposit and sign a new connection agreement. 7. If the tenant wishes to sign up for water at a new property, arrears from all previous properties under the tenant’s name must be paid in full. Page 8 of 12 Page 380 of 1092 Department Finance Division Finance Subject High Water Consumption Adjustment Policy Policy # 700.24 Issue Date April 9, 2019 Revision Date March 21, 2023 ☒ Policy ☐ Procedure Page Page 1 of 3 Submitted by Director Tiffany Clark Date April 9, 2019 Recommended by CAO Ken Todd Date April 9, 2019 ☐ Approved by Council Report# F-2019-14 Bylaw#Date Purpose The purpose of this policy is to provide a framework for high water consumption adjustments applied to residential account holders as a one-time courtesy due to a leak at the property. The high water consumption adjustment is a discretionary adjustment, approved by the Water/Tax Administrator, applied to residential account holders one-time per property, who had and repaired a leak at their property. Procedure Qualifications The adjustment will only be applied as follows: •One-time only adjustment per account holder per property address •Residential account holders only •High water consumption adjustment application form must be completed indicating the approximate start date of the leak and the date the repair was made with supporting documentation •Applications must be received within 6 months from date the repair was made •Adjustments will only be for a maximum adjustment period of six months •Water usage must exceed 2 times the average of the similar period from the previous year o If no history is available, meter readings will be obtained to project normal usage. If projection is not possible, actual consumption of similar account holders will be used to determine normal usage for the adjustment calculation •Water usage at the property must be back to normal average consumption proving the leak has been repaired No adjustments will be applied where: •Usage above the account holder’s average monthly consumption is due to seasonal usage such as watering of sod, gardening, filling swimming pools or whirlpools, washing vehicles, etc. as this describes water services knowingly used by the account holder •Water loss is due to theft, vandalism or construction damage as the responsibility to resolve these issues lies with the account holder •Leak was caused by a third party from whom the account holder is able to recover their costs Page 9 of 12 Page 381 of 1092 Department Finance Division Finance Subject High Water Consumption Adjustment Policy Policy # 700.24 Issue Date April 9, 2019 Revision Date March 21, 2023 ☒ Policy ☐ Procedure Page Page 2 of 3 Submitted by Director Tiffany Clark Date April 9, 2019 Recommended by CAO Ken Todd Date April 9, 2019 ☐ Approved by Council Report# F-2019-14 Bylaw#Date •High water usage is identified from a “catch-up” billing following a period of estimated consumption Calculation of the Adjustment The adjustment will be calculated based on 50% of the water and sewer volumetric charge exceeding the average of the similar period from the previous year. The resident will be responsible for payment of the remaining 50%, applicable service charges, and average bill for the period. The following example illustrates how the adjustment is calculated based on the rates effective March 1, 2018. Water Consumption (m3)Rate ($)Dollar Amount High Bill 1 Water Volumetric 500 $ 1.011 $ 505.50 2 Sewer Volumetric 500 $ 1.205 $ 602.50 $ 1,108.00 Bill from Similar Period Pervious Year 3 Water Volumetric 45 $ 1.011 $ 45.50 4 Sewer Volumetric 45 $ 1.205 $ 54.23 $ 99.72 Consumption Eligible for Adjustment 5 Water [1-3]455 $ 1.011 $ 460.01 6 Sewer [2-4]455 $ 1.205 $ 548.28 $ 1,008.28 High Water Consumption Adjustment 50% Water Adjustment [5 * 50%]455 $ 0.506 $ 230.00 Sewer Adjustment [6 * 50%]455 $ 0.603 $ 274.14 Total High Water Consumption Adjustment $ 504.14 Resident Responsible for Payment $ 603.86 Page 10 of 12 Page 382 of 1092 Department Finance Division Finance Subject High Water Consumption Adjustment Policy Policy # 700.24 Issue Date April 9, 2019 Revision Date March 21, 2023 ☒ Policy ☐ Procedure Page Page 3 of 3 Submitted by Director Tiffany Clark Date April 9, 2019 Recommended by CAO Ken Todd Date April 9, 2019 ☐ Approved by Council Report# F-2019-14 Bylaw#Date Repayment Plan At the account holders request the City will offer an optional payment arrangement to pay off the remaining portion of the high bill. •If requested by the account holder, the repayment term will be to maximum of a two year period •The repayment will be interest free and in equal instalments corresponding to the normal billing cycle •Delinquency in payment of such installments will be subject to the usual late payment charges and collections procedures Page 11 of 12 Page 383 of 1092 Department Finance Division Finance Subject Water Disconnection and Reconnection Policy Policy # 700.27 Issue Date April 19, 2019 Revision Date March 21, 2023 ☒ Policy ☐ Procedure Page Page 1 of 1 Submitted by Director Tiffany Clark Date April 9, 2019 Recommended by CAO Ken Todd Date April 9, 2019 ☐ Approved by Council Report# F-2019-14 Bylaw#Date Purpose This policy outlines the procedure for disconnecting and reconnecting water at a property to stop an account. Timing This policy will take effect on January 1, 2024. Procedure At an owner’s written request the water to a property may be disconnected for a fee as stated in Schedule A of the water by-law, as amended. The fee associated with the disconnection will be billed on the water account to be paid with the final bill. At an owner’s request the water shall be reconnected at a property for a fee stated in the Schedule of Fees Schedule A of the water by-law, as amended, to be billed on the first bill after the reconnection occurred. Once the service has been disconnected billing will remain in place for both the water and sewer fixed charges. This is applicable for properties that have their meter removed as well. Fixed charges will cease in cases where the water has been disconnected and the structure has been demolished. Once the service has been disconnected all billing will stop until the service has been reconnected at the property. If an account was requested to be disconnected but the disconnection failed to occur due to a repair needed, a billing adjustment will only take place if the meter readings at the property show zero (0) water usage during the time period the customer requested the water to be disconnected. A billing adjustment shall be done to reverse the service charges for both water and sewer during the time period the water was requested to be disconnected. Page 12 of 12 Page 384 of 1092 Water/Wastewater Policies MARCH 21, 2023 Page 385 of 1092 2 Background Water/Wastewater Policies •April 30, 2019 (F-2019-14) staff presented 8 water/wastewater policies for Council’s approval •Staff continue to review our practices with best practices. •Staff review for increased efficiencies and customer benefits. Water/Wastewater PoliciesPage 386 of 1092 Water/Wastewater Policies3 Policy Changes Research has been completed to determine what other municipalities have in place and as a result staff are requesting Council adopt changes to the following policies: 1.700.23 Water/Sewer Collection Policy 2.700.24 High Water Consumption Adjustment Policy 3.700.27 Water Disconnection and Reconnection Policy Page 387 of 1092 4Water/Wastewater PoliciesCURRENT STATE Owner Accounts •Owner accounts in arrears are transferred to the owner’s tax roll three (3) times a year per the billing schedule Tenant Accounts •Tenant must pay a $230 deposit to open an account •Tenant accounts in arrears receive one reminder notice followed by a disconnection notice. If the account remains unpaid the tenant account is disconnected •If the water remains off at the property or the tenant leaves the property and a final bill is not paid the deposit is applied to the tenants account •Remaining balance is transferred to a third- party collection agency for collections 1.700.23 Water/Sewer Collection Policy Page 388 of 1092 5Water/Wastewater PoliciesDESIRED STATE Owner Accounts •No changes Tenant Accounts •As of January 1, 2024 any new water/wastewater accounts to be established only in the owner’s name with no deposit required and follow the collection process already in place for owners. •Any current tenant accounts as at December 31, 2023 would not be impacted as staff propose to grandfather them in. •This will allow for easier transition for landlords. They can for example include a security deposit for water in their lease agreements. 1.700.23 Water/Sewer Collection Policy Page 389 of 1092 6 1.700.23 Water/Sewer Collection Policy Water/Wastewater PoliciesArea Municipality Comparison Municipality Tenant Account Exists (Y/N) Deposit Required (Y/N) Care of Tenant (Y/N) Transfer to Tax Roll (Y/N)Collections Procedure Fort Erie N N Y Y Owners may request and authorize that a tenant be sent a copy of a bill for $7.65/month. Liability lies only with the owner. They do not shut off. Arrears transferred to tax roll. Grimsby N N N Y Liability lies only with the owner. They do not shut off. When an account is in 5 weeks arrears it is transferred to the tax roll. Lincoln N N Y Y Flag that the account is in the tenant name. Attempt to collect through shut off and only transfer to tax roll if the tenant moves without payment. Pelham N N N Y Account stays in owner name. They do not shutoff. Arrears are transferred to the tax roll. Niagara-on-the- Lake Y N N/A Y Put account in tenants name, attempt to collect through disconnection, after disconnection transfer arrears to tax roll. Port Colborne N N Y Y With written consent, send bills care of tenant. A copy of the bill is sent to the homeowner. They do not shutoff. Arrears are transferred to the tax roll. ***Continued on next slide***Page 390 of 1092 7 1.700.23 Water/Sewer Collection Policy Water/Wastewater PoliciesArea Municipality Comparison Municipality Tenant Account Exists (Y/N) Deposit Required (Y/N) Care of Tenant (Y/N) Transfer to Tax Roll (Y/N)Collections Procedure St. Catharines N N Y Y Account can be put into C/O Tenant with written permission from owner. They do not shutoff. Arrears are transferred to the tax roll. Thorold N N N Y Account goes into Owners name only. Tenant can call and get information if owner has provided written permission. They do not shutoff. Arrears are transferred to the tax roll. West Lincoln N N Y Y Tenant consent form is signed allowing them to contact the owner regarding arrears. They do not shutoff. Arrears are transferred to the tax roll. Welland N N N Y Will send the bill to the service address but keep the account in the name of the owner. They do not shutoff. Arrears are transferred to the tax roll. Wainfleet ***No Municipal Water Takeaway –all municipalities transfer to the tax roll so that all rate payers are treated the same and account losses are not borne by rate payers who are paying their bills.Page 391 of 1092 8 1.700.23 Water/Sewer Collection Policy Water/Wastewater Policies3,120 Tenant Accounts 29,054 Owner Accounts 32,174 Total Active Accounts •From 2021 to 2022 the City has sent $95,841 to collections. •In 2021-2022 the Collection Agency has recovered $33,183 for a collection agency cost of $10,224 resulting in a net collected amount to the City of $22,959. •Average collection rate for 2021-2022 net of collection agency costs is 24%Page 392 of 1092 9 1.700.23 Water/Sewer Collection Policy Water/Wastewater PoliciesStaff Time Spent on Tenant Accounts Position Department Hours per week Collections Officer Finance 27 Finance Clerk Finance 15 Water Clerk Finance 15 Water Administrator Finance 15 Water Technician Environmental Services 8 Record Clerk Environmental Services 8 Total 88 Thousands of hours are spent each year to deal with a small percentage of accounts. This means all rate payers are paying for a small segment of individuals. Restricting new accounts to owners only, would allow approximately 88 hours per week of staff time to be repurposed to other initiatives and increase organizational efficiencies. Page 393 of 1092 10Water/Wastewater PoliciesDESIRED STATE •No time limit to submit an application for the High Water Consumption Rebate after a leak occurs. •Add a condition to the Policy to indicate that the rebate application must be submitted within 6 months from the date of repair of the leak. 2.700.24 High Water Consumption Adjustment Policy CURRENT STATE Page 394 of 1092 11Water/Wastewater PoliciesDESIRED STATE •At an owner’s written request, the water to a property may be disconnected or reconnected at the curb for a fee. •Other than the shut-off/turn- on fee, no fees for fixed or variable consumption are charged during the period of time the water is shut off. •Continue billing for fixed charges only effective January 1, 2024, allowing staff time to communicate with effected accounts. •Billing will cease only if the structures on the property have been demolished •The cost for the pipes and plants do not go away when there is no consumption. By not charging fixed costs, some rate payers are subsidizing others for those fixed costs. CURRENT STATE 3.700.27 Water Disconnection and Reconnection Policy Page 395 of 1092 12Water/Wastewater PoliciesTHANK YOU Questions?Page 396 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-17 Sunday, March 19, 2023 F-2023-11 Water/Wastewater Policy Amendments Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.9 F-2023-11 Water and Wastewater Policy Amendments. Concerning recommendation 3, expect Councilors Campbell and Thompson to step up and champion the elderly snowbirds. Yes, the cost of the pipes and plants does not go away when there is no consumption, but neither do the existing pipes experience wear and tear from not being used. What an odd justification for a money grab! It is recommended to approve staff recommendations 1 and 2, but not 3. . Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. Page 397 of 1092 "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 398 of 1092 CLK-2023-03 Report Report to: City of Niagara Falls Council Date: March 21, 2023 Title: Fee Waiver Applications- March 2023 Submissions - 44th Annual Women's Place Book Riot - Stamford Centre Volunteer Firemen's Association - Respective Park Events (Summer 2023) - Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - Niagara Irish Festival - Heart Niagara - Cruising the Q Recommendation(s) THAT Council consider approving, approving in part or denying the Fee Waiver Applications submitted from January 2023 - March 2023, listed as follows: 1. The 44th Annual Women's Place Book Riot - in the amount of $6,154.50 for the waiving of the costs associated with the facility rental at the Gale Centre. 2. Stamford Centre Volunteer Firemen's Association - in the amount of $630.00 for the waiving of the cost for 3 business licence fees for 3 motorized food trucks for the summer months of 2023 at Firemen's Park. 3. Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest - in the amount of $325.00 for the waiving of the "licence to operate" fee. 4. Niagara Irish Festival - in the amount of $1,680.00 for the waiving of the cost for 8 business licence fees for 8 motorized food trucks for the event on August 25, 2023. 5. Heart Niagara - Cruising the Q - in the amount of $7,404.00 for the waiving of the costs associated with the closing of the streets, special events permit fees and parking fees. Executive Summary Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also Page 1 of 41 Page 399 of 1092 ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related t o the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: •Park permit fees •Rental of City Property •Road Closure Fees •Staffing costs outside normal operations Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to: •Registered charities •Arts and culture organizations •Athletic and social clubs •Service clubs •Neighbourhood groups and organizations, •School associations Based on the results of the 2022 fiscal year and the 2023 Budget process Staff has adopted a change in the processing of these requests. Council in 2022 exceeded their budget by a significant amount. In order to provide Council with better tools to control their budget a change in process is suggested. Background CHANGE FOR FEE WAIVER REQUESTS: The changes in process, as adopted by Council at the February 28, 2023 Council Meeting, are as follows, 1) That Council consider Fee Waiver Requests three (3) times per year. The consideration dates would be March, June and September. By considering requests in a bundled fashion, Council will be able to better allocate their budget evenly across the calendar year and to organizations. If an organization misses an approval meeting, the organization can apply for a fee refund (or, in other words, pay the fee and then ask Council to refund all or a portion of the fees paid). 2) That Council consider the granting of partial fee waivers, for example approving a portion of a fee waiver request rather than always approving the full fee waiver. Page 2 of 41 Page 400 of 1092 GRANT REQUESTS: 1) A review of the attached completed Fee Waiver Application from Women's Place of South Niagara shows that the request is for an amount of $6,154.50. This request would cover the costs associated with the floor charges at the Gale Centre. A review of the application depicts that the organization is a charitable group, which is in keeping with the intent of the policy. The Event Description details the following: The Book Riot event provides an opportunity for families of Niagara and surrounding areas to attend a free event where they can purchase affordable books, board games, cd's, dvd's and puzzles. All proceeds will be invested back into the community to help provide free services and shelter to support women and children affected by domestic abuse. This well-loved community event also provides many meaningful volunteer opportunities. The Book Riot is much more than a fundraiser for Women's Place. The event offers a great deal of value to the community by saving well over 100,000 books from go ing into the landfill, and offers many various volunteer opportunities. The Book Riot also provides an affordable literacy option for residents. While hard cover books in retail stores sell for approximately $30.00 or more, most books in our sale are only $3.00! All of these benefits have contributed to our community for over 40 years and the Book Riot has become an annual tradition for many. To maintain the free and confidential services, we must fundraise annually $550,000 each year. As one can imagine, proceeds from the Book Riot, has a big impact towards our overall goal. In 2022, the event raised over $95,000. Anyway that we can save or eliminate costs associated with the event, will directly benefit the women and children who use our services. 2) A review of the attached completed Fee Waiver Application from the Stamford Centre Volunteer Firemen's Association shows that the request is for the amount of $630.00. This amount would cover the fees associated with 3 business licences for 3 motorized food trucks. These trucks would be brought in for respective park events at Firemen's Park for the summer of 2023. A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of this policy. The event description details the following: Page 3 of 41 Page 401 of 1092 The Stamford Centre Firemen's Association is looking to offer a new experience at the park, by providing the convenience of food and water on site. The events will help revive the economical position of the Stamford Centre Volunteer Firemen's Association as well as the independent refreshment vehicle operators. The objective is by offering a new experience to park visitors, all concerned will benefit. 3) A review of the attached completed Fee Waiver Application from the Rotary Club of Niagara Falls Sunrise for the Niagara Falls Rotary Ribfest, shows that the request is for the amount of $325.00. The amount would cover the cost for the "licence to operate" fee required for their event on June 16, 2023 to June 18, 2023. A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of this policy. The event description details the following: This is the 19th year of the Ribfest in Niagara Falls, which is organized by the Rotary Club of Niagara Falls Sunrise. This club is a service club based in Niagara Falls since 1990. This 3 day event lands almost always on Father's Day weekend and as such, serves as an outing for many local families to celebrate with their Dads. The event offers local live musical talent on all 3 days. This year, they will be hosting Saturday Secondary School Showcase, where all five of the local high schools will be invited to showcase their student's talents on the event stage. In addition to the ribbers, they will be having other food truck vendors to offer a wider selection of food options to appeal to a wider crowd. They will have a beverage area offering beer, coolers and soft drinks. There is also an area for kids entertainment offered by Niagara Inflatables. This event is one of Niagara Falls largest outdoor festivals and is a crowd pleaser. All of the monies raised are used to support charities and events in the community. They distribute all of the monies that are raised by the club and support part of the millennial trail. Further, they are looking at a large project for the new hospital. The more money raised, the more money they are able to use to support the community. This year, the event will again be held at Rapidsview Park, an outdoor venue. This location has great parking, with ease of access and a large portion of the food vendors located on the parking lot locations, which is better for wheelchairs, motorized sco oters and strollers. Thus, the event is 100% accessible. 4) A review of the attached completed Fee Waiver Application from Irish Music Niagara for the Niagara Irish Festival, shows that the request is for $1,680.00. This amount would cover the fees associated with 8 business licenses for 8 motorized food trucks. These trucks would be brought in for respective park event on August 25, 2023 and August 26, 2023 at Firemen's Park. A review of the application depicts that the organization is a not-for-profit group, which is in keeping with the intent of this policy. Page 4 of 41 Page 402 of 1092 The event description details the following: The event will be a vibrant celebration of Irish music and culture with local artists playing music, local dance schools participating and plenty of children's entertainment and activities. There is no current Irish Festival in the Niagara Region despite the fact that 15% of Ontarians claim some Irish Heritage. The event will provide a place for all people, those with Irish background or any interest in Irish culture or anyone that just wants to have a great day. People are invited to come and enjoy the music and dance from the country that is popular all over the world. The event will bring people of all ages together for a weekend in the summe r to enjoy food, music, local artists and vendors and will have cultural and historical displays on show to teach people about Irish history and folklore as well as Irish sport and recreation. Environmentally, they have already set up for recycling facilities to be present on site for the festival via Niagara Region, so the aim is to have a minimal impact on the environment at the festival. From an economic standpoint, they will be attracting locals from the city but also from all over the Niagara Region. They will be prioritizing local suppliers and vendors at the festival including local breweries, food trucks, artisans etc.... This is the first year for the event and the hope is to make it a staple of the annual events calendar in Niagara Falls but as it is only the first event, the funding levels are low and the founders are self funding the event to a certain extent. Having these fees waived would go a long way to helping ensure they can attract quality vendors to the event. No issues with accessibility as Firemen's Park is fully accessible. 5) A review of the attached completed Fee Waiver Application from Heart Niagara for the Cruising on the Q event, shows that the request is for $7,404.00. This amount would cover the waiving of the fees associated with the special events fee, road closure costs and parking fees. A review of the application depicts that the organization is a charitable group, which i s in keeping with the intent of this policy. The event description details the following: Cruising the Q gives Niagara residents the opportunity to see downtown and walk the 5 block radius and enjoy classic and elite cars. The event focuses on walking and enjoying Niagara. Socially, as they continue to recover form the pandemic, this is an excellent opportunity to get together weekly while respecting everyone's comfort level by offering outdoor gatherings. Over 200 car aficionados bring their vehicle s each week, weather permitting, which increases the social connectivity within this group. The Cruising on the Q volunteers support local charities and community events as part of their mandate. They offer several community outreach initiatives over the course of the "season." Culturally, this event provides historical information on cars, trucks and the evolution classic cars for the community at large to learn more. Economically, with over 500 people enjoying up to 200 cars weekly, it provides downtown business exposure on what there is to offer and showcase the growth downtown. The Page 5 of 41 Page 403 of 1092 restaurants downtown see a significant increase in business on a Tuesday, which is traditionally, a slower night. Cruising the Q raises between $2.000 - $3,000 dollars annually for charity. Environmentally, all car owners and the volunteers are committed to keep the street looking beautiful and we will work with the BIA and any of their initiatives. It is critical for a smooth operation to have road closures for pedestrian, cycle and car users. This is a free event and is all done on a volunteer basis. There are no funds raised for operational costs. Analysis Grant Requests These fee waiver requests amount to a substantial portion of the total fee waiver budget that Council has (32%), so this is a significant portion of the total budget for the first quarter of the year. Council can also consider some alternatives to the staff recommendation: 1) Council can approve the full amount of the request understanding that additional requests may not be satisfied this year. 2) Council can approve a portion of the request currently and then if there is budgetary room later in the year consider a refund of the portion paid. Financial Implications/Budget Impact If approved, the $16,193.50 fee waiver total would be withdrawn from the $51,000.00 allocated from the 2023 operating budget. Organization/ Event Fees Waived By Council (2023) 2023 Budget - Fee Waiver Requests $51,000.00 Total Approved for 2023 $0.00 Requests for Consideration: January 2023 - March 2023 Women's Place of Niagara - 44th Annual Book Riot $6,154.50 Stamford Centre Volunteer Firefighter's Association (Business Licence Fees - 3 $630.00 Page 6 of 41 Page 404 of 1092 food trucks - motorized) 2023 Summer Season. Rotary Club of Niagara Falls Sunrise - Niagara Falls Rotary Ribfest $325.00 Irish Music Niagara - Niagara Irish Festival $1,680.00 Heart Niagara - Cruising the Q $7,404.00 Total if approved in this report: $16,193.50 List of Attachments Fee Waiver Application - Women's Place of South Niagara - Book Riot (2) Fee Waiver Application - Stamford Centre Volunteer Firemen's Assosciation - Refreshment Vehicles (Food Trucks) (2) Fee Waiver Application - Niagara Falls Rotary Ribfest Fee Waiver Application - Niagara Irish Festival Fee Waiver Application - Heart Niagara - Cruising the Q Written by: Heather Ruzylo, Clerks & Council Services Coordinator Submitted by: Status: Bill Matson, City Clerk Approved - 17 Mar 2023 Jason Burgess, CAO Approved - 17 Mar 2023 Page 7 of 41 Page 405 of 1092 Fee Waiver Application FormNiagara?n11s' '1 ‘ll N ‘AI)A Nameof Event;44th AnnualWomen'sPlace BookRiot organization Name;Women‘s Place of South Niagarainc} Organization Address:3903 McLeodRoad City:Niagara Falls Postal Code:L2H336 Contact Name:Amanda Braet Position;Directorof Development &Stewardship Phone Number (days):905~356-3933ext 240 Phone Number (evenings): Email:amanda@,wpsn.ca Website:www.womenspiacesn.org Type of Organization: :1 Not—for~profit Incorporation#: 3 Charitable Organization Registration #:13173 5717 RR0001 Other (please speoify):_ The City of Niagara Falls willwaive fees that would have been charged by the City foreligible nonprofit groups or organizations that provide programs,services or events that are of a general benefitto the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of feesisfaciiitatedinafairandequitablemanneranddoesnotburdentheCity's annual operating budget. Examples of Cityfees that can be waived include.but are not limitedto:-Park permit fees -Rental of City Property -Road Closure Fees 'Staffing costs outside normal operations The City of Niagara Falls Rates &Fees can be foundon the City’swebsite at: hitps:/lniagarafalls.ca/pdf/bv~iaws/scheduie~of~iees.g? Note:Insurancefees willnot be waived.Page 1 oft}Page 8 of 41Page 406 of 1092 Ila5101*" L3‘c\.t‘iA Applications can be submittedby email to:clerl<@niagarafalls.ca in person or by mailto:City Hall 4310 Queen Street Niagara Falls,on L2E6X5 Clerks Department Hours:8:30am —4:30pm f.5‘e?‘.$‘:l‘p.‘-$:":‘~;"“£"I§~‘-‘ir—~«'i''s:!i5metl;aIt it 4/951,M Fees to be Waived (i.e.facilityrental,park permit,etc.):Facility Rentalfor the Gale's Centre 1 Amount of Request: - Dates and Times:June t ~12,2023 various times (include set up/sales days/clean up Purpose of Event:Fundraisingevent to support Women's Place of South Niagara Number of People Expected:4 000+AdmissionFee (if appiicable):Free ($10 for Presale"‘*""‘—“""””““"”i')"’*"“”“ony Are you serving food?We sell Maple Leaf Fudge only Are you serving alcohol?N9 The Book Riot event provides an opportunityfor families of Niagara and surrounding areas to attend a free event where they can purchase affordablebooks,board games,cd's,dvd‘sand puzzles.Allproceeds will be invested back into the community to help provide free services and shelter to support women andchildrenaffectedbydomesticabuse.Thiswell loved communityevent also provides many meaningful volunteer opportunities, The Book Riot is much more than a fundraiserfor Women's Place.The event offers a great deal of value to the community by saving cover in retail stores sell for approximately$30.00 or more,most books in our sale are only $3.00!Allofthesebenefitshavecontributedtoourcommunityforover40yearsandtheBookRiothasbecomeanannualtraditionformany.Page 2 of4Page 9 of 41Page 407 of 1092 , Fee Waiver Application Form Niagara wills C A MA I)A\ -.._.:'3..:Wh__atwili_th.e_?i’riqpact;o1?théf§6Ven_tj.b’e’ifthéifeeisiri_oi:.wa_i\ié].,....2:-2 .To maintain the free and confidentialservices,we must fundralse annually $550,000 ach year.As you can imagine,proceeds fromthe Book Riot,has a big impact towards our overallgoal.in 2022 the event raisedover$95,000l Any way we can save or eliminatecosts associated withthe event,willdirectly bene?t thewomenandchildrenwhouseourservices. "'-.-3.4.".I5'Ar_e‘‘you.seek'ing7~fuHidi09«f?d.m‘.a’ny.othe'rsourp'es'2,:(Etin'draisin'g‘,’giéi,rils',?‘sponsorships);'f:-«A vs».Iinthepast,Women's Place has been fortunate to receive sponsorship money in the amount of $3,000fromHomeinsteadSeniorCare.This is the only sponsorship we receive beside the waiving of the rental fees as the City of Niagara Falls has done for three consecutive years ~THANKYOUl i_-5 "What...featutes;‘' _’."="“~with'di§abiiiti‘éS)?........._..- One of the reasonswhy Women's Place values the venue of the Gale C ntrei e fac hat the building ishighlyaccessible;with the ample parking,automaticdoors,ramps,great lightingetc.We have received great feedback from our supporters who attend the event,who thank us for the highly accessible venue.Also,weareabletospaceourrowsoftablesforthebooksfartherapartwhichallowsspaceforwheelchairs,walker, strollers etc to move freely within. "o__aresidents(residents Please submit one copy of each of the followingdocuments. Nlandatogy Documents EX A detailed budget,showing revenuesand expenditures or Documentsrelatingto City rental permit (if applicable): o Dates,times and locationof event o AllCityfees associated with the event Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceedsarebeing donated to charity,a confirmationletter from that charity must accompany the application For Internal Use Only: Please list--thecost-Tof.all.fee.vi/aitf/Ters‘.requ'es_ted.on#page'2;-.3 1-.I’..~".-».»‘fAmount($). l’l°°'“r'eredbv=/<2;///}"0o/\a/r//5‘g"*‘*”""*:.,Q,M4 lPage3of4Page 10 of 41Page 408 of 1092 .-2.‘-.:'|‘—A44‘"’\‘,1».aw f'N"‘~‘A \\r'{‘}'0' On behalf of,and withthe authorityof,the above-mentionedorganization,we certifythat the informationgiven in this applicationfor waivingof Cityfees is true,correctand complete in every respect. i/Czrrwuuozexziéxpccek Signature of Senior Staff Person w-* Signature of Board ChatrlRepresentative Amanda Braet,Directorof Development Dec 14.2022 Name and Title Date AnthonyReitboecl<,WPSN Board President Z44ZOZL Name and Title Date Personalinformation,as defined in the Municipal Freedom of Informationand Protection of Privacy Act (MFIPPA),is coileciedunder the authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal informationcollectedon this applicationform willbe used to assist in granting fee waivers and willbe made availableto the members of City Council and staff and used for administrativepurposes. informationcollected may be subject to disclosure in accordance withthe provisions of MFIPPA.The City reserves the right to verify ail informationcontainedin submissions. Questions regarding the collection,use and disclosure of this personal informationmay be directed to the City Clerk,BillMaison,at bmatson@niagarafal|s.ca By completing this applicationform,you consent to the collectionand disclosureof your personal information, and to its use by the City of Niagara Falls,as described above.’ Page 4 of 4Page 11 of 41Page 409 of 1092 Permit The Corporation ofthe City of Niagara Falls 4310 Queen Street Niagara Falls,ON,CA L2E 6X5 PHONE:(905)356-7521 permit #R2925 Status Approved Date Jan 6,2023 12:43 PM Customer Name Amanda Braet —1984 Customer Type General Public Malllng Address 8903 McLeod Road Niagara Falls,ON L2H 356 Work Phone Number (905)356-3933x240 Home Phone Number (905)835-7835 Cell Phone Number (905)835-7835 Emal|Address amanda@wpsn.ca System User bpowell Women's Place Niagara -Book Riot 2023 Booking Summary GaleC_entr'eVRlnk'E#1(Youth-FloorRental) END DATE/TlME Rental Fee $635450 HST (Passed On)$800.14 Discounts $0_OO Subtotal $6,954.64 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $6,954.64 Total Payment $0.00 Refunds $0.00 Balance $6,954.64 1 resource(s)11booking(s) (Center:GalevcentreV '_ Subtotal:$6,154.50 AMT W/O TAXSTARTDATE/TIME ATTENDEE Jun 2,2023 10:00 AM Jun 2,2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)$79.03 /Hour X 8 $559.50 Jun 3,2023 10:00 AM Jun 3,2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)$79.03 /Hour x 8 $559.50 Jun 4,2023 10:00 AM Jun 4,2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)79.03 /Hour x 8 $559.50 Jun 5202310100 AM Jun 5,2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)79.03 /Hour x 8 $559.50 Jun 6,2023 10:00 AM Jun 6,2023 6:00 PM 1 $559.50 Jun 7,2023 10:00 AM Jun 7,2023 6:00 PM 1 $559.50ArenaFloorRental(hourly)>79.03 /Hour X 8 $559.50Jun8,2023 10:00 AM Jun 8,2023 6:00 PM 1 $559.50ArenaFloorRental(hourly)79.03 /Hour x 8 $559.50Jun9,2023 10:00 AM Jun 9,2023 6:00 PM 1 $559.50ArenaFloorRental(hourly)79.03 /Hour X 8 $559.50#R2925 Status Approved Page 1 of 2Page 12 of 41Page 410 of 1092 Jun 10,202310:00 AM Jun 10.2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)$79.03/Hour X 8 $559.50 Jun 11,202310200 AM Jun 11,2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)$79.03 /Hour X 8 $559.50 Jun 12,202310200 AM Jun 12,2023 6:00 PM 1 $559.50 Arena Floor Rental (hourly)$79.03/Hour x 8 $559.50 Payment Schedules Original Balance:$6,954.64 Current Balance:$6,954.64 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWALADJUSTMENT BALANCE Jan 6,2023 $1,698.93 $0.00 $0.00 $1,698.93 Jun 3,2023 $5,255.71 $0.00 $0.00 $5,255.71 X:X: Date:Date: The Corporation of the City of Niagara Falls Mailing Address:4310 Queen Street,Niagara Falls,ON LZE 6X5 Phone Number:(905)356-7521 #R2925 Status Approved Amanda Braet Customer ID:1984 Work Phone Number:(905)356—3933x24O Home Phone Number:(905)835-7835 Cell Phone Number:(905)8357835 Email Address:amanda@wpsn.ca Page 2 of 2Page 13 of 41Page 411 of 1092 Fee Waiver Application Form Niag Nameof Event:cw A ' e ‘-st._'* OrganizationName:‘*'-r:___:'‘.;"“ _us”),I W‘L Organization Address:Q Drp>(g__.C«Beg ft:‘Z 92¢,83 City:Q3 );[QAEA EB]"Postal Code:L958 Contact Name:Position:\“ —“Av Phone Number (days):3 05 -g.5(-23 2 5 Phone Number (evenings):C A M ,g Email:ha ,2§‘\i('\é“1 $5”311$9 Q3335’..(QM Website:-¢,.«gz,E Type of Organization: )1 Not-for-profit Incorporation #: Charitable Organization Registration #2 Other (please specify): The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non—profitgroups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City’s support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City's annual operating budget. Examples of City fees that can be waived include,but are not limited to: -Park permit fees -Rental of City Property -Road Closure Fees -Staffing costs outside normal operations https://niagarafalls.ca/pdf/by-laws/schedule—of—fee§pdfNote:Insurance fees will not be waived.Page 1 of 4Page 14 of 41Page 412 of 1092 Fee Waiver Application Form Niaggg Applications can be submitted by email to:clerk@niagarafalls.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Amount of Request: Fees to be Waived (i.e.facility rental,park permit,etc.): Dates and Times:‘I’\'AL“4—_0\..x_é7}-r~C2_oxIgammm.‘(;§».u.-cm"> Purpose of Event:E g Q:“mug }!"§2:,<2-.3“'3:/Q] Number of People Expected:C13 ;:Admission Fee (If applicable):5 Q Are you serving food?Are you sewing alcohol?‘('33 1.How will your activity or event enhance recreation and community services in the City of Niagara Falls? o?eau,¢a7 A New &xgei2.i&;t/Le:AV TN‘.-‘:Pmua »('»GI\\(,IE'/Q\g§_3/\[¢’_f_3_"of’Fcscaé kw./D \~§F\'V‘-C-7’L;(NJ <5iT'E/ .. 2.Please describe the projected social,cultural,economic and environmental impact that the activity or As‘niece A5 lit p.<;«Pcszu;il>«£«lT"”l2é:tWé:<l1«J~t‘*C§'"vv3:l4Ii—~‘—ér-OFf—&(pix new exwwuwgm t7/N7/l<«l/i$tW‘/3’Curb er-’l<w43was man?W9 ?)£‘)Ui\‘1f'ml aawcawuwzp..E;~3c,c2uv\Ai_;»Pmpm 5—’lN’laCb:1lL7£.’Di9paV-\<-N am t’iL.L:W)*3tf>aodmiikag?l Page2of4Page 15 of 41Page 413 of 1092 Fee Waiver Application Form N iagarafqlls "«\I)\ 3.What will the impact on the event be if the fee is not waived? i»\\;'.z,;\,,,./\‘W:Asglgr id Fwdl)Vaitawéa ?wgstWilla“ l\\\m?zwumaimaW?‘U>i2.tz../l"’M»\L1'T\-‘.’§mu/D 4.Are ou seekin fundin from an other sources?Fundraisin ,rants,s onsorshi s Km 5.What features will you have in place to ensure that your event is accessible to all residents (residents with disabilities}? no mm?-s’012..My ~o‘nseru s'u¢.i~=ol37§’1'lc‘.L.é$ ‘1 D W Please submit one copy of each of the following documents. Mandatog Documents A detailed budget,showing revenues and expenditures Documents relating to City rental permit (if applicable): o Dates,times and location of event o All City fees associated with the event Confirmation letter from charity (if applicable): -For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application Please list the cost of all fee waivers reuested on ae 2:Page 3 of 4Page 16 of 41Page 414 of 1092 Fee Waiver Application Form Niaig I13 t‘x'\3,I}‘z On behalf of,and with the authority of,the above—mentionedorganization,we certify that the information given in this application for waiving of City fees is true,correct and complete in every respect. /,2 EZ/t,,.;s<,.,g Signature "Name and Title Date Date Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City reserves the right to verify all information contained in submissions. Questions regarding the collection,use and disclosure of this personal information may be directed to the City Clerk,BillMatson,at bmatson@niagarafa|ls.ca By completing this application form,you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of 4Page 17 of 41Page 415 of 1092 Page 18 of 41Page 416 of 1092 Page 19 of 41Page 417 of 1092 Page 20 of 41Page 418 of 1092 Page 21 of 41Page 419 of 1092 Rotary Club of Niagara Falls Sunrsie Founda6on P.O. Box 142 Niagara Falls, ON L2E 6S8 To Whom It May Concern: This leLer will confirm that the purpose of the Rotary Club of Niagara Falls Sunrise Founda6on is to provide grants and financial assistance to non-profit and charitable community groups in Niagara Falls carrying on work in the public interest, using dona6ons from members of the Rotary Club of Niagara Falls Sunrise and other groups and individuals. One fundraising ini6a6ve of the Founda6on is to operate a 50/50 draw at the annual Ribfest held by the Club, with all net proceeds used by the Founda6on to support local causes like the planned new hospital. If you have any ques6ons about this, please do not hesitate to contact the undersigned. Sincerely, Michael Brown President Rotary Club of Niagara Falls Sunrise Founda6on Page 22 of 41 Page 420 of 1092 Page 23 of 41 Page 421 of 1092 NIAGARA FALLS ROTARY RIBFEST Last Update:March 14/23 Projected Budget 2023 INCOME BY SECTOR 2022 BUDGET 2022 ACTUAL 2023 BUDGET 1000 ROTARY SALES 1100 ALCOHOLIC BEVERAGES 44,053.00$ 31,407.68$ 45,000.00$ 1200 NON-ALCOHOLIC BEVERAGES 10,100.00$ 5,883.00$ 6,000.00$ 1300 -$ -$ 1400 -$ -$ 1500 -$ -$ 1600 ICE 450.00$ 299.00$ 450.00$ 1700 T-SHIRTS -$ -$ -$ 1800 50/50 5,000.00$ 1,383.76$ 5,000.00$ 1900 Pre-PAID RIB DINNERS 300.00$ 564.00$ 300.00$ 1950 MISC -$ -$ -$ TOTAL 59,903.00$ 39,537.44$ 56,750.00$ 2000 VENDORS 2100 RIBBERS 16,000.00$ 16,000.00$ 16,000.00$ 2200 OTHER FOOD VENDORS 10,500.00$ 10,228.25$ 10,500.00$ 2300 MISC (non-food) VENDORS 11,000.00$ 5,518.10$ 11,000.00$ 2400 KIDS ENTERTAINMENT 750.00$ 1,002.75$ 750.00$ TOTAL 38,250.00$ 32,749.10$ 38,250.00$ 3000 SPONSORSHIP 3100 NIAGARA CASINOS -$ -$ 1,000.00$ 3150 MERIDIAN -$ -$ -$ 3200 MOLSONS 3,500.00$ 3,400.00$ 3,500.00$ 3400 COGECO -$ 1,000.00$ 1,000.00$ 3450 Wellport Broadcasting Giant FM -$ -$ -$ 3500 Olsen Sottile Insurance -$ 1,000.00$ 1,000.00$ 3550 Overhead Door Co -$ 1,000.00$ 1,000.00$ 3600 Liftline Machinery Ltd.-$ 2,500.00$ 2,500.00$ 3650 GS Wark Construction -$ 1,000.00$ 1,000.00$ 3651 Outdoor Travel -$ 2,500.00$ 2,500.00$ 3652 Min-Max Developments -$ 2,500.00$ 2,500.00$ 3653 Arlington Crane -$ 2,500.00$ 2,500.00$ 3654 Hallex Engineering -$ 1,000.00$ 1,000.00$ 3655 IBEW Local 303 -$ 2,500.00$ 2,500.00$ 3656 Gordon Wright Electric Ltd -$ 1,000.00$ 1,000.00$ 3657 Ultra Shine Niagara -$ 1,000.00$ 1,000.00$ 3700 MISC. - UNDER $1,000 -$ 8,070.00$ -$ 3800 OTHER 16,500.00$ -$ 16,500.00$ TOTAL 20,000.00$ 30,970.00$ 40,500.00$ 4000 OTHER INCOME 4100 ATM FEES 1,000.00$ 620.00$ 750.00$ 4200 DONATIONS 6,000.00$ 4,008.64$ 5,000.00$ 4300 2022-Insurance - Stolen Cables -$ 12,490.35$ -$ TOTAL 7,000.00$ 17,118.99$ 5,750.00$ 5000 TOTAL INCOME - all sources 125,153.00$ 120,375.53$ 141,250.00$ 6000 TOTAL EXPENSES 102,990.91$ 106,522.80$ 113,956.25$ 7000 TOTAL REVENUE 22,162.09$ 13,852.73$ 27,293.75$ Page 24 of 41 Page 422 of 1092 W Fee Waiver Application Form Niagara]? (.\l).\ Applicant Information Organization Name:Irish Music Niagara Organization Address:5973 St Anthony Crescent: City,Niagra Falls postal code,L2J 3X5 Contact Name:Patrick Treacy position:Chairman Phone Number (days):289'241'9O75 Phone Number (evenings):289'241'9O75 Ema":irishmusicniagara@gmail.com website.www.irishmusicniagara.com Type of Organization: I Not—for-profit Incorporation #:1000398209 Charitable Organization Registration #1 Other (please specify): Waiving of Fees The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profit groups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City’s annual operating budget. Examples of City fees that can be waived include,but are not limited to: -Park permit fees -Rental of City Property -Road Closure Fees -Staffing costs outside normal operations Note:Insurance fees will not be waived.Page 1 of4Page 25 of 41Page 423 of 1092 W Fee Waiver Application Form Niagara ggjs Form Submission Information Applications can be submitted by email to:clerk@niagarafa|ls.ca In person or by mail to:City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am —4:30pm Activity or Event Information Amount of Request: Fees to be Waived (i.e.facility rental,park permit,etc.):Business license fees for food trucks 6'8- Dates and Times,August 25th 7:00pm to 11 :00pm August 26th Noon to 1 1pm Purpose ofEVent:Celebration of Irish Music,Dance and Culture Number of People Expected:2:000 to 2:500 Admission Fee (If applicable):$15'3O Are you sewing food?YGS Are you sewing alcohol?Yes Activity or Event Description 1.How will your activity or event enhance recreation and community services in the City of Niagara Falls? Our event will be a vibrant celebration of Irish music and culture with local artists playing music,local dance schools participating, and plenty of children's entertainment and activities.There is no current Irish festival in the Niagara Region despite the fact that 15% of all Ontarians claim some lrish Heritage so we will be providing a place for all people,those with Irish background or any interest in Irish culture or anyone that just wants to have a great day out an event to come and enjoy the music and dance from the country that is popular all over the world. 2.Please describe the projected social,cultural,economic and environmental impact that the activity or event will have on the City and its residents. to folkloreasIrishsportandrecreation.Environmentally we have already set up for recycling facilities to be present on site forthefestivalviaNiagaraRegionsoweaimtohaveaminimalimpactontheenvironmentatourfestival.From aneconomicstandpointwewillbeattractinglocalsfromthecitybutalsofromallovertheNiagaraRegion,we will beprioritizinglocalsuppliersandvendorsatourfestivalincludinglocalbreweries,food trucks,artisans etc.Page 2 of4Page 26 of 41Page 424 of 1092 W N iagarafulls (‘r\l\.\I),\ Fee Waiver Application Form 3.What will the impact on the event be if the fee is not waived? This is our first year for an event we hope to make a staple of the annual events calendar in Niagara Falls but as its only our first event our funding levels are low and we (the founders)are self funding the event to a certain extent especially in the early stages. Having these fees waived and any other help we can get would go a long way to helping us ensure we can attract quality vendors to our event and not loose money trying to create this event.Ifvendors are required to pay a license fee we fear it may discourage them from attending and without good quality local food trucks our festival will not be a success. 4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships) We are seeking funding from sponsors and grants.Thus far we have been very lucky to have received a grant from the NFCDF.Other than this grant from Niagara Falls all other confirmed funding right now is only form the founding members of the organization but we are in the midst of discussions with a number of potential sponsors.As per our budget for us to break even we will need a considerable amount of sponsorship so every bit helps us especially in this 1st year. 5.What features will you have in place to ensure that your event is accessible to all residents (residents with disabilities)? Fireman's park in August is already quite accessible,the majority of our vendors and food trucks will be on the higher ground above the amphitheater therefore someone with disabilities would be able to easily access this area from the car park and have a view of the stage.There is also a road that leads down to the stage area lower down that we can make arrangements for people to be dropped off at the bottom of the hill if they wish to sit closer to the stage.We will also provide special volunteer assistance for any attendees that require other types of assistance related to disabilities. Application Checklist Please submit one copy of each of the following documents. MandatomDocuments A detailed budget,showing revenues and expenditures Documents relating to City rental permit (if applicable): -Dates,times and location of event -All City fees associated with the event Confirmation letter from charity (if applicable): 0 For special events whereby a portion or all of the proceeds are being donated to charity,a confirmation letter from that charity must accompany the application For Internal Use Onl : (‘A t»ZiO.°0 Q1$3;"(ogO‘0C)Completed by:w?uzjb Signature:%%M?LPage3of4Page 27 of 41Page 425 of 1092 W Fee Waiver Application Form N iagara?‘II(.u'\\lI.\ Authorization for Application On behalf of,and with the authority of,the above-mentioned organization,we certify that the information given in this application for waiving of City fees is true,correct and complete in every respect. G I [9/'A/M‘Declan O'Su|livan -President 2023-04-14 .Signature of Senior Staff Person Name and Title.Date Patrick Treacy 3i§liff"2yc;§i.5,'.'5‘§f13y137§§?§sT.§33%vPatrickTreacy -Chair 2023-03-14 Signature of Board ChairIRepresentative Name and Title Date Personal Information Consent Personal information,as defined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),is collected under the authority of the Municipal Act,2001;as amended,and in accordance with MFIPPA.Personal information collected on this application form will be used to assist in granting fee waivers and will be made available to the members of City Council and staff and used for administrative purposes. Information collected may be subject to disclosure in accordance with the provisions of MFIPPA.The City reserves the right to verify all information contained in submissions. Questions regarding the collection,use and disclosure of this personal information may be directed to the City Clerk,BillMatson,at bmatson@niagarafa||s.ca By completing this application form,you consent to the collection and disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of 4Page 28 of 41Page 426 of 1092 Page 29 of 41 Page 427 of 1092 Page 30 of 41 Page 428 of 1092 Page 31 of 41 Page 429 of 1092 7/ Niagara a Is CANADA Fee Waiver Application Form Applicant Information Name of Event:Crusing on The Q Organization Name:?ea”:Niagara Organization Address:4635B Queen Street city;Niagara Falls Postal Code:I-2E 2|-7 position:Executive Director Phone Number (days):905'358'5552X107 Phone Number (evenings):905'321'2821 Ema",karen.stearne@heartniagara.com Websue:heartniagara.com Contact Name:Karen Steame Type of Organization: El Not-for—profit Incorporation #: 1!:Charitable Organization Registration #1 10747331 6RR0OO1 III Other (please specify): Waiving of Fees The City of Niagara Falls willwaive fees that would have been charged by the City for eligible non-profitgroups or organizations that provide programs,services or events that are of a general benefit to the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees is facilitated in a fair and equitable manner and does not burden the City's annual operating budget. Examples of City fees that can be waived include,but are not limitedto: -Park permit fees -Rental of City Property -Road Closure Fees -Staffing costs outside normal operations The City of Niagara Falls Rates &Fees can be found on the City's website at: httgszl/niagarafalls.calgdf/by-laws/schedule—of-fees.gdf Note:Insurance fees willnot be waived.Page 1 of 4Page 32 of 41Page 430 of 1092 W Fee Waiver Application Form it Niagara ulls CANADA Form Submission information Applications can be submitted by email to:clerk@niagarafa|ls.ca in person or by mailto:City Hall ‘4310 Queen Street Niagara Falls,ON L2E 6X5 ? Clerks Department Hours:8:30am ~4:30pm Activit or Event Information Amount of Request:7,LKBLL,00 ‘ Fees to be Waived (i.e.facility rental,park permit,etc.):road Closure Qtc-Q ')~; Dates and Times,Every Tuesday May 9-September 26,2023 ==i?»Q9«°: Purpose ofEVent:community car show Number of People Expected:500 +Admission Fee (If applicable):0 Are you serving food?no Are you serving alcohol?no Activity or Event Description 1.Howwillyour activity or event enhance recreation and community services in the City of Niagara Falls?- Cruising on the Q gives Niagara residents the opportunity to see downtown and walk the 5 block radius enjoy classic and elite cars.The event focuses on walking and enjoying Niagara. 2.Please describe the projected social,cultural,economic and environmental impact that the activityor event willhave on the City and its residents. Social -As we continue to recoverfrom the pandemic this is an excellentopportunityto get togetherweekiy whilerespecting people comiortlevel by oitertng outdoor gatherings.Over 200 car a?cionadosbring their vehicleseach week weather permitting.whichincreases the socialconnectivitywithinthisgroup.The Cruising on the Q support local community events as panoi theirmandate.They otter several communityoutreach initiativesover the course oi the "season". Economic -with 500 people enjoying to 200 cars it provides to growththerestaurantsdowntownseeastgnlticantincreaseinbusinessonaTuesdaywhichistraditional2:slow night.Cruising on the Q raises between 2,000-3,000 dollarsannualforcharity.’Environmental-all car owners and the volunteersare committedto keep the street looking beautltuland we willworkwiththe BIAand any of their initiatives.Page 2 of 4Page 33 of 41Page 431 of 1092 //3 Niagara?all l'Al\‘.\lIA Fee Waiver Application Form I 3.What willthe impact on the event be if the fee is not waived? is is criticalto smooth operation to have road closures for pedestrian,cycle and car users.This is a free event and is all done on a volunteer basis,there are no funds raised for operational costs.If the fees were not waived to the committee would need to reconsider our location which could impact small business revenue in the downtown BIAin 2023. 4.Are you seeking funding from any other sources?(Fundraising,grants,sponsorships) As a group of volunteers we seek sponsorship to cover prizes,trophies and music from local businesses.The downtown BIAhas historically provided a stipend to offset the operational piece and our insurance. 5.What features willyou have in place to ensure that your event is accessible to all residents (residents with disabilities)? We are very aware of equity and inclusion and are very accessible with wide open spaces. Application Checklist Please submit one copy of each of the following documents. Mandatory Documents E]A detailed budget,showing revenues and expenditures (:1 Documents relating to City rental permit (if applicable): o Dates,times and location of event o AllCity fees associated with the event El Confirmationletter from charity (if applicable): o For special events whereby a portion or all of the proceeds are being donated to charity.a confirmation letter from that charity must accompany the application For Internal Use Only: Please list the cost of all fee waivers requested on page 2: Road closure costs (staffing materials)=$320/night @ 20 nights =$6,400Parkingfees=42 spaces X 1.0hr/night X 20 nights x $2.00hr X 30%Uti|ization =$504 Amount ($)I Completed by:MathewB?odeau _Signature:Senior Manager,Transportation Page 3 of 4Page 34 of 41Page 432 of 1092 W Fee Waiver Application Form Niagara a Is l'Af\Al)A Authorization for Application On behalf of,and withthe authority of,the above-mentioned organization.we certify that the informationgiven in this application for waiving of City fees is true,correct and complete in every respect. Ron Charbonneau Ron Charboneau,Chair march14»20-°-3 Signature of Senior Staff Person Name and Title Bate Karen Stearne __Karen Stearne,community representative march 14,2023 Signature of Board Chair/Representative Name and Title Date Personal Information Consent Personal information,as defined in the Municipal Freedom of information and Protection of Privacy Act (MFIPPA),is collected under the authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal information collected on this application form willbe used to assist in granting fee waivers and willbe made available to the members of City Council and staff and used for administrative purposes. Informationcollected may be subject to disclosure in accordance with the provisions of MFIPPA.The City resen/es the right to verify all informationcontained in submissions. Questions regarding the collection,use and disclosure of this personal Informationmay be directed to the City Clerk,BillMatson,at bmatson@niagarafalls.ca By completing this application form,you consent to the collectionand disclosure of your personal information, and to its use by the City of Niagara Falls,as described above. Page 4 of4Page 35 of 41Page 433 of 1092 N l/\('}/\1%/\ A“H 2 ‘ten 4635B Queen Street Niagara Falls,ON L2E 2L7 info@heartniagara.com March 14,2023 His Worship Mayor Diodati &Members of the Municipal Council City of Niagara Falls 4310 QueenStreet Niagara Falls,ON L2E 6X5 Dear Members: Heart Niagara is a charitable non—pro?torganization located on QueenStreet in Niagara Falls.As an organization we continue to support non-pro?t groups with a mandate to promote the downtown core through the hosting of special events.Planning is under way for a weekly event, Cruising on the Q car show.Cruising on the Q is entering the 10”‘season.QueenStreet is the heart of Niagara and there is no better street for car enthusiasts to showcase their pride and joy. On May 23,2023,the QueenStreet Cruisers will kick off the season with our ?rst car show.With weather permitting,they will host 20 car shows throughout the summer season on QueenStreet. Each week they attract over 200 cars and 500 people allowing them to highlight the heart of Niagara,QueenStreet,and all the businesses have to offer.Heart Niagara has been chosen in 2023 to be their charity of choice and will be the recipient of the weekly 50/50 draw. We would like to request council consideration for the relief of costs associated with the following: Street Closing We would kindly request permission to close QueenStreet from St.Lawrence Ave.to St.Clair Ave.,commencing Tuesdays from May 23 through to September 25 at 4pm for set-up of the event.We also require all side streets to be closed to ensure QueenStreet becomes a pedestrian- only area,with the exception of the cars entering for the car show.We request the closure end on at 8:30 pm,thereby allowing for teardown of the event.We respectfully request that Council waive the costs of these street closures.A complete layout of the event street closures is attached. Parking Permits During the event,vendors and event goers will be occupying all parking spaces on QueenStreet and surrounding side streets,we respectfully request that the city waive any costs for metered parking spaces for the duration of the event. On behalf of Heart Niagara and the QueenStreet Cruisers,I wish to personally thank Niagara Falls Council for their consideration of our requests and support in events on QueenStreet. Sincerely, ’_,2‘-‘" “><'C/'£>{z/.—«//,_,.-;’/an 17/;Karen StearneHeartNiagaraCC:Ron Charbonneau QueenStreet Cruiser Chair and Cruising on the Q VolunteerPage 36 of 41Page 434 of 1092 AA Heart “\N I AC}A l{/\ 4635B Queen Street Niagara Falls,ON LZE 2L7 inf0@heartniagara.com Road Closure Map,Cruising on the Q: W ...-_--.\d\\fI%/W ‘.6 )er Pizza 2 For 1 Park St Park St Park St CD I: 2: (DE pmis Crepes Cafe Grand Central Sports RBC ROYBmlk _°Mr Cappuccino m B 9 Q 9 Q B Q”eraw”0 9“9 I2e\‘9 -,5 Jeffrds am!9 o ‘ G LCBO g g Canada Post E l 0 %§3?0MR.suB *Q as ‘D .E E?:W m 2.Huron St E Huron 81 B Huron St 5 MO"-‘sonSt Morrison St 9 Morrison St (.0 5 0 Frasers Grocery 3 0 Niagara Falls §‘§_9PublicLibrary(3 Q81?C.all»:l .24Page 37 of 41Page 435 of 1092 Request to BIA Sponsorship Committee Send your application to:Downtown Board of Management Event &Festival Sponsorship Application Queen Street Niagara Falls,ON L2E 7J7 905-354-5444 Name of EventlFestival:Cruising on the Q Organizerlorganizationz Downtown Cruisers Main contact person(s):Ron Charbonneau Charity contact person(s):Karen Stearne A Local Experience Niagara Falls Downtown BIA 4342 Queen Street,Suite 102 Niagara Falls,ON,L2E 7J7 www.queenstreetniagara.com EventIFestival dates:Every Tuesday May 23 —September 26 5:00pm to dusk Location(s):Queen Street from St.Lawrence Avenue to St.Clair Avenue Budget Revenue Source BIA Sponsorship Proposed Budget $1,250 $3,750 $0 $0 $5,000 Cost Centre Permits Insurance Marketing Hospitality Logistics Security Entertainment 150 $2,500 Volunteers &Miscellaneous Target audience:community at large Number of expected attendees:500Page 38 of 41Page 436 of 1092 Other‘funding/organizational partners secured or being sought: QueenStreet businesses Grand Central,RT Pizza,Highlite Restaurant,Mojito House and more Downtown businesses to be pro?led Canadian Tire,Princess Auto,car services etc Sponsorship Requested: Cash $1,250 In-kind Insurance coverage Equipment Amount:$1,250 Focus As a group of Volunteers,we seek sponsorship to cover prizes,trophies,and music from local businesses.The downtown BIA has historically provided a stipend to offset the operational cost and included the event in their event insurance. Proposed Schedule Join us every Tuesday 5p-dusk starting May 23 in downtown Niagara Falls for Cruising On The Q!Come and see classic cars,hot rods,custom rides and MORE!Family fun event...and best of all,it's FREE!Weather permitting.Wehave a DJ and other live entertainment on QueenStreet. 50/50 for charity every week. Information will be posted on http://wvvw.niagarafallsdowntown.com/and heartniagaracom and Cruising on the Q social media. How does your event feature Niagara Falls Downtown specifically,and how does it enhance the downtown brand? Social —As we continue to recover from the pandemic this is an excellent opportunity to get together weekly while respecting people comfort level by offering outdoor gatherings.Over 200 car aficionados bring their vehicles each week weather permitting,which increases the social connectivity within this group.The Cruising on the Q volunteers support local charities and community events as part of their mandate.They offer several community outreach initiatives over the course of the "season". Culture -This event provides historical information on cars,trucks,and the evolution classic cars for the community at large to learn more. on to restaurantsdowntownseeasigni?cant increase in business on a Tuesday which is traditional a slow night.Cruising on the Q raises between 2,000—3,000dollars annual for charity.Environmental -all car owners and the volunteers are committed to keep the street lookingbeautifulandwewillworkwiththeBIAandanyoftheirinitiatives.Page 39 of 41Page 437 of 1092 Branding &Application to our Members 0 How would your event provide opportunities to brand downtown and/or the BIA and engage its members? In social media,digital interviews,newspaper story and with sponsor signage Speci?c social media to drop by our downtown businesses for dinner and find out more about the drink and food specials and what downtown has to offer. Exposure Up to 500 people weekly on Tuesday a traditional slower evening for downtown restaurants. Measurement Social media posts.Community survey BIA Use Only Category:Location: Funding Granted Yes No Total Sponsorship Value:Cash:In kind: Logistic Checklist (when applicable) Support Business for Patio Extensions Cleaning Water Hook-ups Washrooms Parking Permits Fire SafetyEmergency Response PlanPage 40 of 41Page 438 of 1092 EVERYVTUESDAYNIGHTFROM6PM TO 9PM 'BRINGYOURRIDE0 LIVEMUSIC EVERYTUESDAY Join us EVERY TUESDAY (starting May 23)in downtown Niagara Falls for Cruising On The Q!Come and see classic cars,hot rods,custom rides and MORE!Family fun event...and best of all,it's FREE!Weather permitting.We have a DJ and other live entertainment on QueenStreet.50/50 for charity every week. Drop by our downtown businesses for dinner and find out more about the drink and food specials. Information will be posted on http://www.niagarafallsdowntown.com/and heartniagara.com and Cruising on the Q social media. Description Projected Projected 2023 Cruising on the Q Expense Revenue Revenue Sources Music $2,200 $2,500 QueenStreet businesses e.g.Grand Central,RT Pizza,Highlite Prizes $500 $500 Niagara businesses,community sponsors;prizes and $500 sponsorship Trophies $500 $500 BIA sponsorship Signage $750 $750 BIA sponsorship Insurance BIA sponsored as partner Super cruise $500 $750 Super Cruise sponsors Marketing $150 \BIAsponsorship and volunteer in-kind for social media Total $4,600 $5,000 Net Proceeds $400 Community Giving Program Chair Ron Charbonneau 289-241-7149 le ac contractin hotmail.comPage 41 of 41Page 439 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-19 Sunday, March 19, 2023 CLK-2023-03 Fee Waiver Applications Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #8.10 CLK-2023-03 Fee Waiver Applications. Concerning recommendation 5, Councilors Campbell and Lococo should not participate. Campbell for his involvement in BIA issues and Lococo for living downtown. It may be appropriate to defer decisions that impact the downtown BIA area without first obtaining BIA input. Staffs opinions of how events affect Queen Street businesses are not that credible at the moment. It is recommended to approve staff recommendations 1 thru 4 and defer 5 . . Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 440 of 1092 Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 441 of 1092 L-2023-06 Report Report to: Mayor and Council Date: March 21, 2023 Title: Permanently Close and Declare Surplus of Lands Unopened Road Allowance, RR63 - Chippawa Creek Road Our File No. 2023-39 Recommendation(s) 1. In the event that Council determines that it is in the public interest to do so, that the portion of the unopened road allowance between Garner Road and Heartland Forest Road, north of Chippawa Creek Road, (the "Subject Lands"), as shown in yellow on the maps attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council accept the offer from The Regional Municipality of Niagara (the "Region") to purchase the Subject Lands described and shown on Schedule “A” to this Report, for nominal consideration on the condition that, in the event the Region cancels the project or if the Subject Lands are declared surplus to the Region's needs, the Region would re-convey the Subject Lands to the City for nominal consideration. 3. That the City Solicitor and Chief Administrative Officer, or their designate, are authorized to execute all documentation and take whatever steps necessary to carry out Recommendations 1 and 2. Executive Summary Description: Part Unopened Road Allowance between Township Lots 206 & 207, Stamford, Part 8, 59R-4705 PIN - 64263-0052 (LT) (the "Subject Lands") Total Area: Approximately 2.13 acres Zoning: Heavy Industrial Zone Type of Property: Unopened Road Allowance Special Consideration: No infrastructure located on Subject Lands. Background Page 1 of 5 Page 442 of 1092 The City has received a request from the Region to acquire the Subject Lands for the purposes of a proposed turning lane on Regional Road 63 (Chippawa Creek Road) to support traffic flow into the Biosolids Facility. Improvements will include widening the road to accommodate a turn lane at 8719 Chippawa Creek Road and utility relocations for telecommunications, gas and hydro. Prior to any conveyance, the Subject Lands must be permanently closed and declared surplus to the City’s needs. The Subject Lands are an unopened road allowance and there are no future plans to develop the road. Public notice will be provided for in accordance with the City's Bylaw No. 2003-02. Analysis Information about the requested declaration of surplus was circulated to City departments for comments and/or objections. Below is a summary of the comments received to date: • Municipal Works No objections to the lands being declared surplus. • Planning Department No comments. • Fire Services No objections to the lands being declared surplus. • Transportation Services No comments. • Recreation, Culture & Facilities No objections to the lands being declared surplus. Financial Implications/Budget Impact In the event that the Subject Lands are transferred to the Region, the City will no longer be responsible for the costs relating to maintenance of the Subject Lands. The Region will be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, the public notice, reference plan, appraisal and registration fees. Strategic/Departmental Alignment Page 2 of 5 Page 443 of 1092 The proposal does not directly impact any of the City's strategic commitments. List of Attachments Schedule A Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 13 Mar 2023 Shelley Darlington, General Manger of Corporate Services Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 3 of 5 Page 444 of 1092 Location Map Print Date:© City of Niagara Falls 1/17/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "A" Page 4 of 5 Page 445 of 1092 Location Map Print Date:© City of Niagara Falls 3/7/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 5 of 5 Page 446 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-20 Sunday, March 19, 2023 CONSENT AGENDA Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #9 CONSENT AGENDA It is recommended to approve staff recommendations for items 9.1 thru to 9.4. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 447 of 1092 MW-2023-07 Report Report to: Mayor and Council Date: March 21, 2023 Title: Drinking Water System Summary Report and Overview Recommendation(s) 1. That this report be received and filed. 2. That the current version (version 7) of the City of Niagara Falls Distribution System Operational Plan be endorsed. Executive Summary In accordance with the Safe Drinking Water Act, each Municipal Council having jurisdiction over its water distribution system is required to receive and publish an Annual Summary Report prior to March 31 in each calendar year. This report provides technical data regarding the system’s performance. Additionally, attached is the Drinking Water Quality Management Standard (DWQMS) Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy and effectiveness of the quality management system. The purpose of this report is to provide the Owners of the drinking water system documentation confirming that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all of its consumers. Background Distribution System Summary Report the illustrate to Council to presented Summary report Annual the year Each is effectiveness and performance of the drinking water system. The attached Annual Summary report provides detailed quantitative and qualitative information regarding the performance of the drinking water system. Highlights of the report include: • In 2022 the Water & Wastewater Services Division responded to 86 watermain breaks, in 2021 there were 50 watermain breaks Page 1 of 355 Page 448 of 1092 • In Q2 of 2022 NSF-International performed a conformance audit on the City’s Drinking Water Quality Management System. Zero non-conformances were found during the audit. This audit document can be found as Appendix ii of the Management Review. DWQMS Management Review The DWQMS Management Review takes place once every calendar year, as per the Standard. The reivew provides an overall picture as to the effectiveness and adequacy of the Drinking Water Quality Management System. Items of note from the Management Review Include: • Final compliance rating of 100% during 2022 Ministry of Environment, Conservation and Parks inspection • The City continues involvement with Niagara Region regarding the future decommissioning of Lundy’s lane tank and new raw water intake location. • The City will move forward in potentially developing a backflow prevention program, beginning with a structured risk assessment. This document has been attached to this report for reference. Standard of Care It is important to mention Section 19 of the Safe Drinking Water Act, entitled Standard of Care, this section states – The Owner and/or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence and skill in respe ct of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached for reference. Water System Indicators As stated above, the City had an increased number of watermain breaks in 2022. The number of watermain breaks fluctuate annually based on a variety of factors including weather, ground water table and capital infrastructure projects. The Graph below illustrates watermain break history since 2011. It should be noted that the remaining Cast Iron watermains in the system are the major cause of watermain breaks and should continue to be the focus of capital replacement projects. Page 2 of 355 Page 449 of 1092 Since 2010, the City has increased its overall length of watermain by approximately 64 km to a total of 490 km. PVC is currently the highest percentage material type of watermain from a system perspective. However, this value is skewed by the increase in new development since 2010. The City still has a significant portion of its watermains being of made of Cast Iron and Ductile Iron representing approximately 46% of the overall system. It should be noted that some portions of cast iron watermain are over 100 years old, still in active service and are being relied on to providing residents with drinking water and support fire suppression in the event of an emergency. Page 3 of 355 Page 450 of 1092 Other Performance Indicators The City utilized the American Waterworks Association M-36 Water Audit Method to assess the annual water distribution system leakage index. This is the industry standard for determining infrastructure leakage indexes. As evidenced in the below graphic, the City’s estimated leakage index value for 2022 is 1.5, which is much lower than las t years value. Improved tracking of all water loss channels, paired with the full implementation of the City’s water meter replacement program likely aided in this improved value. The City will continue to identify and proactively mitigate all water losses. Page 4 of 355 Page 451 of 1092 Operational Implications and Risk Analysis In accordance with the Safe Drinking Water Act, the Annual Summary Report must be received by the drinking water system owner by a date of no later than March 31 of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non-conformance with the Standard. Financial Implications/Budget Impact Not Applicable Strategic/Departmental Alignment This report is to ensure adherence to Provincial Legislation and is consistent with the Council’s strategic commitment to continually monitor the efficiency and effectiveness of the City’s operations. Contributor(s) Jessica Blanchard, Water & Wastewater Services Coordinator List of Attachments Appendix A 2022 Distribution System Summary Report Page 5 of 355 Page 452 of 1092 #2. Appendix B Management Review and Supporting Documents #3. Appendix C - Section 19- Standard of Care, Safe Drinking Water Act 2002 #4. Apendix D - Summary of Revision 7 Operational Plan Changes #5. Appendix E - Operational Plan and Supporting Documents #6. Appendix F - 2022 Annual Report Written by: Adam Allcock, Manager of Water/Wastewater Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 14 Mar 2023 Jason Burgess, CAO Approved - 14 Mar 2023 Page 6 of 355 Page 453 of 1092 City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1, 2022 to December 31, 2022 Waterworks Number: 260002304 Created February 2023 Page 7 of 355 Page 454 of 1092 Table of Contents Introduction ........................................................................................................... 1 Waterworks Description ........................................................................................ 1 Compliance ........................................................................................................... 2 Municipal Drinking Water Licensing Program .................................................... 2 Safe Drinking Water Act .................................................................................... 3 Niagara Falls Water Quality Test Results .......................................................... 4 Adverse Water Quality Incidents and Actions.................................................... 5 Operational Activities ............................................................................................ 6 Flow Rates ............................................................................................................ 6 Definitions ............................................................................................................. 8 Page 8 of 355 Page 455 of 1092 Water Distribution Summary Report 1 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with a n annual summary report of actions that took place from January 1, 20 22 to December 31, 2022. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the Environment, Conservation and Parks. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a Class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 485 km of watermain, 3,120 fire hydrants and 5,070 valves owned and operated by the City of Niagara Falls. Additionally, there is 50 km of watermain owned and operated by Niagara Region. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website: http://www.niagararegion.ca/home.aspx Page 9 of 355 Page 456 of 1092 Water Distribution Summary Report 2 Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice O’Connor during the Walkerton Inquiry, the Ministry of the Environment introduced the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Permit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan. Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions. Drinking Water Quality Management Standard (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits. Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The City of Niagara Falls has enlisted NSF International to act as the Quality Management System accreditation body. Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water system. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2022, the City’s Drinking Water Quality Management System was audited by NSF-ISR. Zero non-conformances were found during this audit, allowing the City to continue their accreditation, meeting the requirements of the Safe Drinking Water Act, 2002. Page 10 of 355 Page 457 of 1092 Water Distribution Summary Report 3 Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 101 microbiological samples a month. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing free chlorine residuals are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. In 2022, the City was granted its final temporary relief from microbiological sampling, due to the continuing Covid-19 pandemic. A minimum of 68 microbiological samples were performed monthly from January 1 2022 to April 30, 2022, as approved by the Ministry. From May 1, 2022 to the end of the year, with the relief permissions expired, the City returned to their regular required number of microbiological samples under Reg. 170/03. This monthly number was 101, which was determined by the 2021 Census data. This Census data indicated that the population of the Niagara Falls serviced by the distribution system was 92069. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by-product. The City takes these water samples from areas where the formation of THM would most likely occur. In 2018, a clarification to the Ministry guidance document for HAA sampling occurred, which will required the City to test for Haloacetic Acids (HAA) at two separate locations (previously one location) beginning in 2019, which was and continues to be satisfied. HAA similar to THM is a chlorine disinfection by-product. The City and Niagara Region keep in close communications regarding these test results. The Ministry of the Environment, Conservation and Parks has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment, Conservation and Parks to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sampl e numbers have been reduced to 20 resident samples, 4 distribution system samples and 2 non- residential samples as per Table 2 of Schedule D of the City of Niagara Falls Distribution System Municipal Drinking Water Licence. This must be done once between December 15 and April 15 and again June 15 to October 15 , on an ongoing cycle. In 2022, the City was granted further temporary relief from lead sampling, due to the continuing Covid-19 pandemic of 6 residential samples and 2 distribution samples for the December 2021 – April 2022 lead sampling period. As the temporary relief expired on April 30 of 2022, the City resumed their required 20 resident samples, 4 distribution system samples and 2 non-residential samples for the second lead sampling period. All the aforementioned samples, in accordance with the Act must be taken by an individual with a W ater Operators licence or a Water Quality Analyst licence . These licences are distributed by the Ontario Water Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Page 11 of 355 Page 458 of 1092 Water Distribution Summary Report 4 Samples are then taken to a Ministry of the Environment , Conservation and Parks approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment Parks and Conservation and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions. An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002 . Section 19 entitled, Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachment to the accompanying Council Report. Niagara Falls Water Quality Test Results Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli (E. Coli) CFU/ 100mL 0 1296 0 Indicates presence of fecal matter Total Coliforms CFU/ 100 mL 0 1296 0 Indicates the possible presence of fecal contamination Heterotrophic Plate Count (HPC) CFU/mL N/A 1296 0 – 227 Indication of overall water quality Chemical Analysis Trihalomethanes mg/L 0.10 mg/L 4 0.0210 - 0.0370 Average of Samples taken quarterly Haloacetic Acids mg/L 0.08 mg/L 8 0.0053 - 0.0067 Average of Samples taken quarterly Lead mg/L Residential and Non- Residential Plumbing 0.010 mg/L 31 <0.00003 - 0.13000 Lead services were used in construction prior to 1955. Distribution 0.010 mg/L 16 <0.00002 - 0.04900 City does not have lead watermains Disinfection Free Chlorine Residual mg/L 0.05 to 4.0 mg/L 1506 0.10 - 1.32 Level of disinfectant Page 12 of 355 Page 459 of 1092 Water Distribution Summary Report 5 Adverse Water Quality Incidents and Actions In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment, Conservation and Parks regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. Additionally, the City has chosen to contact our local Ministry of the Environment, Conservation and Parks Inspector to share this information. These individuals are then faxed the same information that was shared verbally. To ensure water safety with a microbiological or chemical exceedance, the City immediately sends a member of staff to flush the nearest fire hydrant, and take additional water samples at the source of the AWQI. In addition, in the instance of a microbiological exceedance, City immediately initiates sampling upstream and downstream of the AWQI. This upstream/downstream sampling occurs for two consecutive days at minimum until the City receives verbal notification from the laboratory that the water samples are all clear. In the above table, the column “Date of Resolution” indicates the date in which the City has received copies of the laboratory results and submits the “Notice of Resolution” to the Ministry of the Environment, Conservation and Parks and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. Date Location Parameter Result Actions Date of Resolution 03/09/2022 4314 Fifth Avenue Lead 0.0328 mg/L Recommend resident replace lead service, (they did) & Re-sample of distribution system (achieved acceptable results) 04/06/2022 07/21/2022 5724 Church’s Lane (hydrant # 184) Chlorine 0.00 mg/L Flush and resample 07/22/2022 09/14/2022 4298 Fifth Avenue Lead 0.0490 mg/L Recommend resident replace lead service, (they chose not to) & Re- sample of distribution system (achieved acceptable results) 09/27/2022 Page 13 of 355 Page 460 of 1092 Water Distribution Summary Report 6 In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead level, but rather at the specific sample site. Possible sources of lead include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in their drinking water. The City of Niagara Falls experienced three (3) AWQI’s in 2021. Operational Activities In 2022, the City of Niagara Falls experienced 86 water main breaks, compared to 50 in the previous year. With all water main breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following Category 2 water main breaks, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. Flow Rates 2022 Monthly Water Flow Rates (Mega Litres) Month Quantity (ML) January 1135.420 February 1092.686 March 1210.145 April 1169.241 May 1358.341 June 1418.237 July 1642.946 August 1543.677 Page 14 of 355 Page 461 of 1092 Water Distribution Summary Report 7 September 1302.119 October 1244.316 November 1122.666 December 1150.154 Total 15389.948 Monthly Average 1569.496 Daily Average 42.164 1 Mega Litre = 1,000,000 Litres Page 15 of 355 Page 462 of 1092 Water Distribution Summary Report 8 Definitions MAC - Maximum Acceptable Concentration This is a health-related standard established for parameters which when present abov e a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of t he Environment and Climate Change. Revised January 2001. PIBS #4065e. Page 2.) mg/L - milligrams per litre (parts per million) cfu/100 mL - Colony Forming Units per 100 millilitres of sample µg/L - micrograms per litre (parts per billion) < - Less than > - Greater than Microbiological parameters (i.e. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Total Coliform - the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Escherichia coli (E. coli) - a sub-group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indication of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change) Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re-growth in the distribution system. Page 16 of 355 Page 463 of 1092 Water Distribution Summary Report 9 Trihalomethanes (THM’s) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Haloacetic Acid (HAA) - The Guidelines for Canadian Drinking Water Quality (GCDWQ) recommend a maximum acceptable concentration (MAC) of 0.08 mg/L for HAAs in drinking water, based on a locational running annual average of a minimum of quarterly samples taken in the distribution system. The reported HAAs value refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. HAA’s are a relatively new disinfection by-product. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plum bing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg/L. Page 17 of 355 Page 464 of 1092 DWQMS Management Review 2022 Page 18 of 355 Page 465 of 1092 Table of Contents List of Acronyms and Definitions ................................................................... 3 Introduction .................................................................................................... 5 1. Incidents of regulatory non-compliance ..................................................... 5 2. Incidents of adverse drinking-water tests ................................................... 5 3. Deviations from critical control point limits and response actions .............. 6 4. Efficacy of the risk assessment process .................................................... 6 5. Third-party and Internal audit reports ......................................................... 8 6. Results of emergency response testing ..................................................... 9 7. Operational performance ......................................................................... 10 8. Raw water supply and drinking-water quality trends ................................ 10 9. Follow-up on action items from previous management reviews .............. 11 10. Status of management action items identified between management reviews… ..................................................................................................... 13 11. Changes that could affect the Quality Management System ................. 13 12. Consumer feedback (i.e., internal & external communications) ............. 14 13. Resources needed to maintain the Quality Management System ......... 14 14. Results of DWQMS Infrastructure Review ............................................. 15 15. Operational Plan currency, content & updates……………………………15 16. Staff suggestions ............................. ……………………………………....15 17. List of Appendices…………………………………………………………...16 Page 19 of 355 Page 466 of 1092 Page 3 of 16 2022 DWQMS Management Review List of Acronyms and Definitions DWQMS – Drinking Water Quality Management Standard DWS – Drinking Water System MECP – Ministry of the Environment, Conservation and Parks QMS – Quality Management System THM –Trihalomethanes are a group of compounds that can form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter (e.g., decaying leaves and vegetation). HAA - Haloacetic Acid. HAA values refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. OFI – Opportunity for Improvement Ontario Regulation 170/03 – Regulation under the Safe Drinking Water Act governing Drinking Water Systems Ontario Regulation 169/03 – Ontario Drinking Water Quality Standards which Outline maximum allowable concentrations (standards) for Microbiological, Chemical and Radiological elements and compounds in drinking water systems. Ontario Regulation 319/08 – Regulation under the Health Protection and Promotion Act governing Small Drinking Water Systems. This Reg. lies outside the scope of the Safe Drinking Water Act as it relates to systems separate from the distribution system. Watermain Disinfection Procedure Section 4 – Documentation requirements for operators who are performing maintenance and repair activities associated with disinfecting watermains as part of an addition, modification, replacement, extension, planned maintenance, or emergency repair in a municipal residential drinking water system Page 20 of 355 Page 467 of 1092 Page 4 of 16 2022 DWQMS Management Review SDWS – Small Drinking Water Systems. The City of Niagara Falls owns 1 cistern fed SDWS property, which is Fire Station #6 at 8137 Schisler Road. Niagara Region Emergency Drinking Water Provision Plan A Niagara Region document initially created in 2018 (in collaboration the key officials, agencies, departments and stakeholders), to establish framework for responding to an emergency involving the drinking water supply in Niagara Region. It is intended to service as a guideline that outlines the responsibilities and activities in managing a drinking water emergency. Page 21 of 355 Page 468 of 1092 Page 5 of 16 2022 DWQMS Management Review 2022 DWQMS Management Review Introduction Element 20 of the Drinking Water Quality Management Standard states that a Management Review must be completed at least once every calendar year. The purpose of the Management Review is to document the actions and effectiveness of the Quality Management System. The outcome of the Management Review must be reported to the Owner of the Drinking Water System. The information reported to the Owner can be relayed at the same time as the Annual Drinking Water System Report, scheduled to be provided to Council in March of each year. 1. Incidents of regulatory non-compliance On October 5, 2022, the Ministry of the Environment, Conservation and Parks completed an inspection of the City of Niagara Falls DWS for the January 1, 2022 to August 31, 2022 inspection period. The inspection report indicated that there were zero (0) incidents of regulatory non-compliance. The Final Inspection Rating was 100%. The Ministry noted in the inspection that all areas examined comply, and had one recommendation in the body of the document, which was as follows: The City is encouraged to continue the implementation of its backflow prevention program and recommends the City refer to the Ministry's Backflow Prevention Guide which provides comprehensive information and suggested approaches the City can undertake to prevent backflow and implement a program. The MECP 2022 Final Inspection Report and Inspection Risk Rating documents are attached as Appendix i (a and b respectively), for review. 2. Incidents of adverse drinking-water tests The City experienced three (3) adverse sample result within its distribution system in 2022. i. March 9, 2022: A lead distribution sample collected at 4314 Fifth Avenue resulted in an adverse reading of 32.8 micrograms per litre (µg/L). The maximum acceptable concentration (MAC) for lead in a Page 22 of 355 Page 469 of 1092 Page 6 of 16 2022 DWQMS Management Review distribution system is 10 µg/L. It was determined that this reading was caused by a lead service to the home at which it was sampled. The service was replaced by the resident, and result of the re- sample was well below the MAC. ii. July 21, 2022: A zero free chlorine residual (0.00 mg/L) was measured from a whip in a new development lot near 5724 Church’s Lane. A hydrant adjacent to this lot also resulted in very low chlorine readings at that time. Immediate follow up flushing in the area resolved the adverse. iii. September 14, 2022: A lead distribution sample collected at 4298 Fifth Avenue resulted in an adverse reading of 49.0 micrograms per litre (µg/L). It was determined that this reading was also caused by a lead service to the home at which it was sampled. The result of the distribution re-sample was well below the MAC. Upon receiving the adverse notification from the Licenced Lab in all instances noted above, staff followed SOP “MW -WWW-DWS-SOP-012-001 – Adverse Water Quality Incident Reporting – O. Reg. 170/03”, and the incident was resolved by re-sampling. A copy of MW -WWW-DWS-SOP-012-001 can be found in Appendix C of the Operational Plan. 3. Deviations from critical control point limits and response actions There were no deviations from critical control points during this report period. 4. Efficacy of the risk assessment process It should be noted that currently there are items listed as critical control points in the risk assessment matrix that the City cannot control, regardless of their importance, such as backflow prevention devices not owned by the City, and Niagara Region processes (such as water treatment). As per the updated DWQMS standard (Version 2.0), MECP required items were also addressed in the Risk Assessment. These included climate change issues such as drought, forest fires, tornados or extended extreme temperatures. These were captured initially in the 2018 Risk Assessment and in each Risk Assessment following 2018, including 2022’s Risk Assessment. During the 2018 internal audit, it was suggested that outcomes of the most recent risk management assessment are highlighted and considered during the Page 23 of 355 Page 470 of 1092 Page 7 of 16 2022 DWQMS Management Review infrastructure review meeting. The most recent risk management assessments have been discussed and considered since this time – including 2022.This will continue for all future Infrastructure Reviews. In April of 2022, The Environmental Registry of Ontario posted Notice #019- 4855: “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment”. The body of this notice included new risks to consider: cybersecurity threats. These specific risks were not captured in the Risk Assessment of 2022, but will be in future Risk Assessments, following confirmation that all WWW supervisory staff have completed the City’s Cyber Security training. Element 14: Niagara Region: “System Pressure Maintenance and Pressure Surge Protection” was added to the matrix during the Risk Assessment process in 2020, based on Niagara Regions consideration of decommissioning the Lundy’s Lane tank and installing one in a different area due to increased demands in the growing south end of the City. The current elevated tank on Lundy’s is requiring substantial upgrades/repairs to maintain current legislative requirements. It has been discussed internally that the City of Niagara Falls must be a strong presence in the decision making of this tentative project (which is assumed to involve several flow studies to confirm feasibility and seamless service transition and continuance), as it will be stressed that if this is to occur, the residents should continue to receive the same, if not better service levels of water delivery (specifically related to pressure). This project will also require the City to install/upgrade/take over the current Niagara Region watermain along Lundy’s lane. The greatest risk to the system if this tank is decommissioned is likely frequent pressure surges (currently absorbed by the Lundy’s Lane tank), that would work through the system and likely cause several watermain breaks, which always increases the likelihood of microbiological contamination before and during their repair. Also, without the tank providing consistent pressure in the system, the north end residents may experience a pressure drop in their water. If this was to become severe enough, the risk is a backflow event. Further discussion to this during the 2022 Infrastructure Review outlined that the updated timeline for this project is a start year of 2028 and the project’s completion will move into 2030. The City will likely install municipal main along Lundy’s Lane (as the current main in this area is a Regional main, and will be decommissioned along with the tank. The City, however, will likely not inherit the QEW critical crossing of this watermain, and the new municipal system will be looped at this location. The entire decommissioning process (tank and main) lays in design model. Impacts are being studies/considered (with focus on pressure surge protection, service levels and water quality standards), and the City will remain in communication with Niagara Region as these plans further develop, to ensure a seamless transition throughout and following this decommissioning project. Element 14 remains rated under the risk threshold, as the tank is still in service. Page 24 of 355 Page 471 of 1092 Page 8 of 16 2022 DWQMS Management Review 5. Third-party and Internal Audit Reports Third Party Audit On May 10th and 11th 2022, NSF Internal performed a virtual surveillance audit of the City’s DWQMS.There were not any non-conformances found during the third party audit. However, the Auditor suggested, in the “Opportunities for Improvement” section of the report to: Consider updating the DWQMS Roles and Responsibilities Matrix (MW -WWW-DWS-LM-005-001) to mirror Fig 9-1 (org chart) in the Ops Plan. Consider modifying/improving the recording of quality checks of all essential supplies as they are received in stock (checks should be done by staff of Operating Authority), the process was not described in the relevant section of the OP. The management is to consider to include the description so that it is formally part of the documented QMS. Ensure a fulsome long range financial plan is provided to the accreditation body during the next audit. It was noted in that the Infrastructure / Engineering Departments have been made aware to include itemized breakdowns, for the long range WWW financial plan, as per the Management Review and the Infrastructure Review meeting minutes. It was stated that they will look to accomplish this in the next long range financial plan (estimated to be complete following the next Council initiation 2023). The NSF Third Party Audit Report is attached as Appendix ii, for review. Internal Audit An internal audit was completed by Acclaims Environmental on December 16th and 21st, 2022. During the 2022 internal 2.0 audit, zero non-conformances were noted by the auditor. However, there were some opportunities for improvement noted which included: Consider including a reference in the DWQMS Risk Assessment procedure (MW -WWW-DWS-PRO-004-001) to “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment”, April 2022, of the Environment Registry of Ontario Notice #019-4855 RE: Protecting the security of Ontario’s drinking water against cyberattacks. Update the Risk Assessment matrix to include this potential hazard Page 25 of 355 Page 472 of 1092 Page 9 of 16 2022 DWQMS Management Review Consider documenting the DWQMS training that takes place with existing and/or new staff (discussed with the QMS Rep that Niagara Region’s course on the DWQMS & SDWA could help address this requirement as well). Consider updating the DWQMS Vendor Acknowledgement Form to reference the key requirements from the package – with sign off stating they’ve read and understand the requirements and will ensure compliance with these (by the owner or any other team member in care and control of the activity(ies)). Consider identifying highest risk service connections with industrial, commercial and institutional end users (e.g. car washes, funeral homes, anything 1.5” service connection or greater, and including every city facility) for targeted backflow prevention by-law and program implementation. The 2022 Internal Audit Report is attached as Appendix iii, for review. 6. Results of emergency response testing On November 18, 2022, Water & Wastewater Services Staff participated in an Emergency Response desktop training exercise. The scenarios included multiple simultaneous watermain breaks (both Regional and City mains) in a concentrated area, extreme weather causing prolonged power loss (and potential water loss), suspected backflow event and substantial City wide traffic flow disruptions. The group was asked to work together on a plan of action, remediation and communication to City staff as well as Niagara Falls residents and pertinent external agencies. Team discussion touched on items such as emergency water provisions, flushing techniques, emergency aid means, optimum communication, water advisory procedures, watermain isolation, valve closures, sample protocols, operational reporting requirements and health and safety procedures. The City of Niagara Falls Emergency Drinking Water Provision Consideration/Guideline (MW -WWW-DWS-PRO-014-002) was again reviewed at this training session and applied in the mock scenarios. As recommended in the 2020 re-accreditation audit, two alternate lead hand/Acting Supervisor staff from the Water & Wastewater Services Division took part in this Emergency Management Training (as they did in 2021 session), as well as all other Supervisor and Management staff. Page 26 of 355 Page 473 of 1092 Page 10 of 16 2022 DWQMS Management Review 7. Operational performance In 2022, the Water & Wastewater Services Division responded to 86 watermain breaks. This total number is an increase from the previous year (2021), during which 50 watermain breaks occurred. The winters of 2021 and 2022 were similar in weather patterns during the winter months. 8. Raw water supply and drinking-water quality trends Niagara Region is responsible for all sampling and testing of raw water. Through a previous year’s hydrant maintenance program, City staff members have found areas of the municipal drinking water system where weekly or bi-weekly flushing’s can improve water quality. These areas are tracked by way of a flushing report form and this practice has continued throughout 2022. Source water temperature changes in late spring and fall have historically resulted in resident inquiries about chlorine levels. The majority of these calls originate from the south end of the City which is the geographic area closest to the water treatment plant. The City receives weekly chlorine residual results from Niagara Region, which have indicated no significant fluctuation in chlorine levels leaving the treatment plant. This remained unchanged in 2022. The raw water intake for Niagara Falls Water Treatment plant is planned to be physically shifted to the south, with a tentative completion date of 2027. The City remains in communication with Niagara Region on the development of this project. Niagara Region is continuing to monitor THM (trihalomethane) levels in conjunction with all local area municipalities. Various methods of preventing THM levels from increasing have been discussed. The City’s Water & Wastewater Services Division will continue to flush dead end watermains, which is a currently a suitable manner for which a distribution system can mitigate potential high THM levels. The Niagara Region replaced their granular activated carbon (GAC) filter at the Niagara Falls Water Treatment Plant in February of 2021.This filter media removes organic debris from the treated water and reduces THM formation. THM monitoring will carry on indefinitely, as we collaboratively strive for the continual improvement of water quality in the distribution system. Page 27 of 355 Page 474 of 1092 Page 11 of 16 2022 DWQMS Management Review 9. Follow-up on action items from previous management reviews Action Items Assigned To Due Dates Status/Follow-up Ensure the City has a liaison present at all discussions with Niagara Region involving the tentative decommissioning of the Lundy’s Lane Tank Erik Nickel/ James Sticca 2021 Onward Ongoing. The City has been a presence at discussions involving this decommissioning process. Adam Allcock, in taking James Sticca’ s former position in early 2022 will now be acting as one of the City’s liaisons for this action item Collaborate with Infrastructure to develop a scoring matrix based on age, material type, tuberculation, so the dial (score) is standardized and not left up to the discretion of the Operator Jessica Blanchard/ WWW Supervisor Staff/ Infra. Team 2021 Onward Ongoing. WWW began providing photos to Infrastructure of pipes extracted during main breaks in 2021 to initiate the scoring matrix and give context to this process. Infrastructure still to provide/share current condition rating table for review and adjustment, as necessary. This process may be adjusted with the initiation of the new MMS programs capabilities (the addition of photos to assets etc. in Cartegraph OMS) To ensure WWW Services Supervisor staff have been trained in IMS 200 for improved emergency management preparedness. WWW Staff 2021 Onward Reintroduced (2023). Will now consider arranging, as this Emergency Management training no longer is being affected by Covid related delays/cancellations. This action item had previously been “Delayed” since 2020. To follow up with Niagara Region Public Health to confirm that a former SDWS (Willoughby Volunteer Fire Station) is under new ownership and adhering to Reg. 319/08 appropriately Jessica Blanchard Q1 2022 Complete. Received confirmation from Niagara Region Public Health Inspections Division that this facility is now entirely owned and operated by the Willoughby Volunteer Fire Department. Samples taken at this SDWS are being collected by a member of the buildings maintenance crew and being processed at an accredited laboratory in Niagara Falls. The Willoughby Volunteer Fire Department is also solely responsible for the Public Health inspections, maintenance and testing records and Directives for this SDWS. Page 28 of 355 Page 475 of 1092 Page 12 of 16 2022 DWQMS Management Review Shift all SDWS functions (water samples, inspections etc. to the attention of Facilities, as this is within the scope of their Department. To facilitate this information transfer, offering sampling options and current timelines for maintenance and inspection work. Jessica Blanchard 2022 Onward Complete. Through communications and negotiations with the City’s Facilities staff, it has been determined that: the testing and Inspection responsibilities for Fire Station 5 now lies solely with the Willoughby Volunteer Firefighters; Willoughby Town Hall is being decommissioned, and will no longer be requiring Inspections and; the City’s Facilities Division will be responsible for facilitating the Inspections of Fire Station 6. The WWW Division will continue performing sampling at this facility at least quarterly (as per the Directive from PH) and provide this data to the Facilities Division. To provide a graphical representation of main breaks discussed in the 2021 Management Review Operational Performance section, including those in 2022 to date (March 2022). To include pipe type as well as the % of all pipe types in the system. Jessica Blanchard Q1 2022 Onward Complete. This was completed fully and included in MW -2022-15 Drinking Water System Summary Report and Overview, which was received by Council on March 22, 20222. Moving forward, this data (up to the most current values) will be provided with the annual Summary Reports to Council. To remove the Service Line Warranties of Canada initiative from the DWQMS scope, as these ventures are best suited to be Council driven, as they relate to private/residential infrastructure insurance involving external agencies. Jessica Blanchard Q2 2022 Complete. This was removed following the 2021 Management Review. Page 29 of 355 Page 476 of 1092 Page 13 of 16 2022 DWQMS Management Review 10. Status of management action items identified between management reviews No action items identified during this time period. 11. Changes that could affect the Quality Management System To review, since July 1, 2017, schools and child care centres in Ontario have been required to test all fountains and drinking water taps in their facilities by Ministry prescribed timelines. If a sample result exceeds the standard, immediate action needs to be taken until the issue is resolved. The increased lead testing requirement was developed to ensure all water taps serving drinking water to children in schools and child care centres are sampled for lead. This program currently remains the responsibility of the Public Health System. There has been discussion that the MAC for lead in a water distribution system may be lowered to mimic the new Health Canada Guideline (currently the MAC is 0.01 mg/L in water distribution systems in Ontario, where the Health Canada MAC has been lowered to 0.005 mg/L). Ensure that all components of the most recent Directors Direction (Minimum Requirements for Operational Plans Municipal Drinking Water Systems May 2021) are considered and included in the Operational Plan update Jessica Blanchard Q1 2022 Complete. Addition of Schedule C (which is an MECP Subject System Description Form which contains City’s DWS name and contact information for questions regarding the Operations Plan) was added to the Operational Plan in its most recent revision (revision 6 – March 2022). Update raw water characteristics in the Operational Plan on a more frequent basis, to gauge any obvious trends and benchmark for future comparisons. Jessica Blanchard Q1 2022 Complete. This data was acquired from the Niagara Regions Water Process Technologist in 2022 (for 2021 annual data) and was included in the March 2022 Operational Plan update (S. 6.3 - Niagara Falls WTP Source Water Characteristics). Moving forward, this data (up to the most current values) will be included in the annual Operational Plan revisions. Page 30 of 355 Page 477 of 1092 Page 14 of 16 2022 DWQMS Management Review As mentioned in Section 8 of this Management Review, The raw water intake for Niagara Falls Water Treatment plant is planned to be physically shifted to the south, with a tentative completion date of 2027. Raw water characteristics may be altered due to this adjustment, and the City will ensure ongoing communication with Niagara Region as it relates to any treatment process that may have to be altered if the raw water characteristics are substantial. This will ensure continued and consistent safe, clean drinking water is being provided throughout the Distribution System. Another substantial topic relating to the Quality Management System is the Niagara Regions tentative plans to decommission the Lundy’s Lane elevated tank and the Regional watermain on Lundy’s Lane (as mentioned in Section 4 of this Management Review). The City will ensure ongoing communication with Niagara Region, to ensure the decommissioning of these assets does not affect water pressure or create contamination (during the construction component of the decommissioning) in the City’s Distribution System. This involvement is to achieve ongoing high customer service levels without interruption. The Quality Management System may also expand to include a backflow prevention program – as there are plans for the City to move forward in further assessing the requirements for developing such a program in 2022. This will begin with a structured risk assessment on existing properties within the City’s Distribution System. 12. Consumer feedback (i.e., internal & external communications) The Water & Wastewater Services Division continues to flush areas known to have low chlorine residuals weekly. Discoloured or dirty water calls have continued to decrease; this is due to the extensive capital work taking place in areas known for water quality issues. 13. Resources needed to maintain the Quality Management System The DWQMS Representative (Water & Wastewater Services Coordinator) continues to use an external consultant for the internal audit. This provides the DWQMS Representative with detailed reports and multi-industry expertise during the on-site audit. The city chose to utilize the same internal auditor in 2022 as in 2021, for a fulsome and continued comparative gauge of improvement. Page 31 of 355 Page 478 of 1092 Page 15 of 16 2022 DWQMS Management Review 14. Results of DWQMS Infrastructure Review The DWQMS Infrastructure Review is one of many documents which aid in the decision making process for determining Capital Works projects and schedules. The DWQMS Representative and the Senior Manager of Water & Wastewater Services, along with the Asset and Infrastructure teams have worked collectively to prioritize the proposal of capital work for design. Suggestions are also provided by Water & Wastewater Services staff based on field experience and observation, and are taken into consideration along with other factors (sewer separation, removal of all cast/ductile infrastructure etc.). Additionally, as operational challenges arise, the Water & Wastewater Services Coordinator (DWQMS Rep), and Water & Wastewater Services Supervisors ensure these are communicated to the Senior Manager of Water & Wastewater Services who flags these to the Asset and Infrastructure teams for future capital replacement programs. This consistent line of communication between Operations and Engineering was absent prior to the initiation of the DWQMS. As previously mentioned, the outcomes of the most recent Risk Management Assessment were presented and considered in during the 2022 Infrastructure Review, and this process will continue for all future Infrastructure Reviews, as suggested by the City’s Internal Auditor. 15. Operational Plan currency, content & updates The Operational Plan was updated in February of 2023 which created the current version/revision 7. 16. Staff suggestions Throughout 2022, Water & Wastewater Services staff offered several process improvement suggestions for the DWQMS. They included: Adding all Operators licence ID's, Certificate numbers and expiry dates in the City’s new Maintenance Management System Program – Cartegraph OMS (as an addition to their regular staff number ID). This additional layer ensures all staff are licenced properly. This serves as a security sign in process which may satisfy Operator signatures on Reports Advising the Niagara Falls Water Plant when high water volume maintenance and rehabilitation projects are occurring (i.e. hydrant Page 32 of 355 Page 479 of 1092 Page 16 of 16 2022 DWQMS Management Review flushing). This improves the Plants response times to water demands in the Distribution System. The creation of a layer in the OMS/mapping application which illustrates the critical water users in the Distribution System. This provides a more accessible visual reference for field staff, when performing tasks which may result in water disruptions. Creating further and utilizing current Guidance documents for continued migration to OMS. Obtaining confined space training needs, as per the City’s current Corporate Policy/Guideline, and to assess the current Guideline to determine if updates are required. 17. List of Appendices Appendix i o a: 2022 MECP Final Inspection Report o b: 2022 MECP Inspection Risk Rating Appendix ii o 2022 NSF Third Party Audit Report Appendix iii o 2022 Internal Audit Report Page 33 of 355 Page 480 of 1092 Tuesday October 11, 2022 Jessica Blanchard Water and Wastewater Services Coordinator City of Niagara Falls 3200 Stanley Ave, Niagara Falls, ON jblanchard@niagarafalls.ca Re: MECP Inspection ‐ Niagara Falls Distribution System (DWS# 260002304) Dear Ms. Blanchard, Please find the enclosed copy of the inspection report # 1-107403955 for the City of Niagara Falls Distribution System completed under the Ministry’s detailed inspection protocol to assess compliance with Safe Drinking Water legislation. The report is based on conditions encountered at the time of inspection, and subsequent follow‐up. If applicable, any items with found within the section entitled “Non‐Compl iance/Non‐ Conformance Items” which have sections under legislative requirements outline non‐ compliance with regulatory requirements contained within an Act, a Regulation, or site‐ specific approvals, licenses, permits, orders, or guidelines. Please ensure that the required actions are completed within the prescribed timeframe, if applicable. The items with “Not Applicable” legislative requirements provide information to the owner or operating authority outlining practices or standards established throu gh existing and emerging industry standards that should be considered in order to advance current efforts. These items do not, in themselves, constitute violations. More recommendations may also be provided within the body of the report. In order to measure individual inspection results, the Ministry has established an inspection compliance risk framework based on the principles of the Inspection, Investigation & Ministère de l’Environnement de la Protection de la nature et des Parcs Division de la conformité en matière d’eau potable et d’environnement Direction régionale du Centre-Ouest Bureau de district de Niagara 9e étage, bureau 15 301, rue St. Paul St. Catharines, ON L2R 7R4 Tel.: 905 704-3900 1-800-263-1035 Fax: 905 704-4015 Ministry of the Environment, Conservation and Parks Drinking Water and Environmental Compliance Division West Central Region Niagara District Office 9th Floor, Suite 15 301 St. Paul Street St. Catharines, ON L2R 7R4 Tel.: 905-704-3900 1-800-263-1035 Fax.: 905-704-4015 Page 34 of 355 Page 481 of 1092 Enforcement (II&E) Secretariat and advice of internal/external risk experts. The Inspection Summary Rating Record (IRR), included as an Appendix of the inspection report, provides the Ministry, the system owner and the local Public Health Units with a summarized quantitative measure of the drinking water system’s annual inspection and regulated water quality testing performance. IRR ratings are published (for the previous inspection year) in the Ministry’s Chief Drinking Water Inspectors’ Annual Report. Please note that due to a change in IT systems, the IRR cannot be generated at the same time as the inspection report. The IRR will be sent separately and prior to any public release (typically within 1‐2 months of the completion of the inspection). Thank you for the assistance during the inspection. If you have any questions or concerns, do not hesitate to contact me or Elizabeth Chee Sing, Acting Water Compliance Supervisor, West Central Region at 519-400-6731 or Elizabeth.cheesing@ontario.ca. Sincerely, Ivanna Okroukh Water Inspector (A) MECP Niagara District Office West Central Region 437-243-5462 ivanna.okroukh@ontario.ca Cc: Erik Nickel– Director Of Municipal Works, City of Niagara Falls Adam Allcock- Manager Of Water and Wastewater, City of Niagara Falls Mike Pullano- ORO, City of Niagara Falls Glen Hudgin ‐ Niagara Public Health Department Jeremy Kelly - Niagara Region Public Health Unit Leilani Lee-Yates ‐ Niagara Peninsula Conservation Authority Thomas Proks- Niagara Peninsula Conservation Authority Elizabeth Chee Sing – Ministry of the Environment, Conservation and Parks Corinne Taylor- Ministry of the Environment, Conservation and Parks Page 35 of 355 Page 482 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs We want to hear from you. How was my service? You can provide feedback at 1-888-745-8888 or Ontario.ca/inspectionfeedback City of Niagara Falls Distribution System 3200 STANLEY AVE, NIAGARA FALLS, ON, Inspection Report System Number:260002304 Entity:CITY OF NIAGARA FALLS Inspection Start Date:09/08/2022 Inspection End Date:10/05/2022 Inspected By:Ivanna Okroukh Badge #:2048 Inspected By:Corinne Taylor Badge #:871 __________________ (signature) Page 36 of 355 Page 483 of 1092 Ministry of the Environment, Conservation & Parks Inspection Report TABLE OF CONTENTS: 2 3 APPENDICES: APPENDIX A APPENDIX B COVER LETTER NON-COMPLIANCE / NON-CONFORMANCE ITEMS INSPECTION DETAILS STAKEHOLDER APPENDIX INSPECTION RATING RECORD (IRR) Page 37 of 355 Page 484 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number:1-107403955 Page 2 of 23 NON-COMPLIANCE/NON-CONFORMANCE ITEMS The following item(s) have been identified as non-compliance/non-conformance, based on a "No" response captured for a legislative or best management practice (BMP) question (s), respectively. Question Group: Other Inspection Findings Question ID MRDW1046001 Question Type BMP Question: Is there a backflow prevention program, policy and/or bylaw in place that addresses cross connections and connections to high hazard facilities? Legislative Requirement Not Applicable Observation/Corrective Action(s) There was no backflow prevention program, policy and/or bylaw in place. New facilities are required to have backflow prevention devices installed as per the Ontario Building Code. While the implementation of a program has been delayed due to the pandemic, the City continues to discuss the tentative development of the backflow prevention program with upper management and the potential for updating the By-Law. The City is encouraged to continue the implementation of its backflow prevention program and recommends the City refer to the Ministry's Backflow Prevention Guide which provides comprehensive information and suggested approaches the City can undertake to prevent backflow and implement a program. Backflow Prevention Guide - https://www.ontario.ca/page/guide-drinking-water-system- owners-seeking-undertake-backflow-prevention-program Page 38 of 355 Page 485 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Event Number: 1-107403955 Page 3 of 23 INSPECTION DETAILS This section includes all questions that were assessed during the inspection. Ministry Program: DRINKING WATER | Regulated Activity: Question ID MRDW1001001 Question Type Information Question: What was the scope of this inspection? Legislative Requirement Not Applicable Observation The primary focus of this inspection is to confirm compliance with Ministry of the Environment, Conservation and Parks (MECP) legislation as well as evaluating conformance with ministry drinking water policies and guidelines during the inspection period. The ministry utilizes a comprehensive, multi-barrier approach in the inspection of water systems that focuses on the source, treatment, and distribution components as well as management practices. This drinking water system is subject to the legislative requirements of the Safe Drinking Water Act, 2002 (SDWA) and regulations made therein, including Ontario Regulation 170/03, "Drinking Water Systems" (O. Reg. 170/03). This inspection has been conducted pursuant to Section 81 of the SDWA. This inspection report does not suggest that all applicable legislation and regulations were evaluated. It remains the responsibility of the owner to ensure compliance with all applicable legislative and regulatory requirements. On September 8, 2022 Inspector Ivanna Okroukh began an announced detailed inspection of the Niagara Falls Distribution System, DWS # 260002304. During the inspection, the Inspector liaised with Jessica Blanchard, Water and Wastewater Services Coordinator to obtain the required documentation and information. A site visit was conducted on September 21, 2022 where the Inspector met with Jessica Blanchard and visited the City's two fill stations: a side-fill station located on Stanley Ave across from the Public Works building and a top side-fill station located at the corner of Stanley Ave and Chippawa Parkway. The inspection period covered January 1, 2022 - August 31, 2022. The Niagara Falls Distribution System is a class 2 water distribution system, which receives all treated water from the Region of Niagara's Niagara Falls Water Treatment Plant. The City of Niagara Falls Distribution System provides drinking water to a population of approximately 92,069 people through approximately 488 km of City and 40 km of Regional watermains. The City watermains range in size from 25mm to 450 mm and are primarily cast iron, ductile iron, Page 39 of 355 Page 486 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs asbestos cement and PVC piping. There are approximately 3,115 fire hydrants and 5,074 valves throughout the distribution system. The Niagara Falls distribution system distributes water to Bevan Heights Distribution System, located in the Town of Niagara-on-the-Lake and also indirectly supplies water to the Thorold (Port Robinson) Distribution System as a Regional main connected to the City's watermain on Brown Road supplies water to this portion of the City of Thorold. Records reviewed in conjunction with this inspection include, but were not limited to: Drinking Water Works Permit (DWWP) 068-201, Issue 4, approved on August 30, 2019. Issue 5 of the Municipal Drinking Water Licence (MDWL) approved on January 15, 2020, along with other documents maintained by the owner/operator associated with regulatory requirements under the Safe Drinking Water Act. Question ID MRDW1000001 Question Type Information Question: Does this drinking water system provide primary disinfection? Legislative Requirement Not Applicable Observation This Drinking Water System provides for only secondary disinfection and distribution of water. Primary disinfection is undertaken by another regulated Drinking Water System which provides treated water to this Drinking Water System. Niagara Falls Distribution system receives its water from the Niagara Falls Water Treatment Plant, DWS # 220002084 and associated outstations. The City of Niagara Falls does not provide any additional treatment or re-chlorination. Question ID MRDW1020001 Question Type Legislative Question: Is the owner/operating authority able to demonstrate that, when required during the inspection period, Form 1 documents were prepared in accordance with their Drinking Water Works Permit? Legislative Requirement SDWA | 31 | (1); Observation The owner/operating authority was in compliance with the requirement to prepare Form 1 documents as required by their Drinking Water Works Permit during the inspection period. During the inspection period 6 Form 1s were reviewed for the following watermain projects: Page 40 of 355 Page 487 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs • Stanley Business Park (Don Murie St and Earl Thomas Ave) • Lyons Creek Rd and Reixinger Rd • Portage Rd and Prospect St • North St • Drummond Rd • Garner Road and Angie Dr Extension Completed forms appear to meet the requirements of Condition 3 of Schedule B of the DWWP. Question ID MRDW1114001 Question Type Legislative Question: Does the owner have evidence that, when required, all legal owners associated with the DWS were notified of the requirements of the Licence & Permit? Legislative Requirement SDWA | 31 | (1); Observation The owner had evidence that required notifications to all legal owners associated with the Drinking Water System had been made during the inspection period. References to the permits and licences are included in each contract related to the construction of new subdivisions. Question ID MRDW1025001 Question Type Legislative Question: Were all parts of the drinking water system that came in contact with drinking water (added, modified, replaced or extended) disinfected in accordance with a procedure listed in Schedule B of the Drinking Water Works Permit? Legislative Requirement SDWA | 31 | (1); Observation All parts of the drinking water system were disinfected in accordance with a procedure listed in Schedule B of the Drinking Water Works Permit. The Ministry's Watermain Disinfection Procedure (WDP) was updated and approved in August 2020. As per Condition 2.3.2, the City of Niagara Falls is now required to follow the requirements of the updated Watermain Disinfection Procedure, August 2020. The City's watermain commissioning and watermain repairs documentation met the requirements of the 2020 Ontario Watermain Disinfection Procedure. Page 41 of 355 Page 488 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question ID MRDW1027000 Question Type Legislative Question: Does the owner have evidence indicating that all chemicals and materials which come in contact with water within the drinking water system have met all applicable AWWA and ANSI standards in accordance with the DWWP and MDWL issued under Part V of the SDWA? Legislative Requirement SDWA | 31 | (1); Observation The owner had evidence indicating that all chemicals and materials that come in contact with water within the drinking water system met the AWWA and ANSI standards in accordance with the Municipal Drinking Water Licence and Drinking Water Works Permit issued under Part V of the SDWA. Question ID MRDW1033001 Question Type Legislative Question: Is the secondary disinfectant residual measured as required for the large municipal residential distribution system? Legislative Requirement SDWA | O. Reg. 170/03 | 7-2 | (3); SDWA | O. Reg. 170/03 | 7-2 | (4); Observation The secondary disinfectant residual was measured as required for the large municipal residential distribution system. The City of Niagara Falls monitors free chlorine residual in the distribution system, utilizing the 4/3 option as described in Sched. 7-2(4) of O. Reg. 170/03 (ie. at least 4 samples taken on one day of the week, at least 3 samples taken on a second day of the week, at least 48 hours apart). The City generally samples more locations than required. The minimum FCR concentration recorded during the period was 0.20 mg/L on January 19, 2022. The City flushes three areas of concerns two or three times a week. Question ID MRDW1049001 Question Type BMP Question: Do records confirm that disinfectant residuals are routinely checked at the extremities and dead ends of the distribution system? Page 42 of 355 Page 489 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Legislative Requirement Not Applicable Observation Records confirmed that disinfectant residuals were routinely checked at the extremities and dead ends of the distribution system. Question ID MRDW1099001 Question Type Information Question: Do records show that all water sample results taken during the inspection review period did not exceed the values of tables 1, 2 and 3 of the Ontario Drinking Water Quality Standards (O. Reg. 169/03)? Legislative Requirement Not Applicable Observation Records did not show that all water sample results taken during the inspection review period did not exceed the values of tables 1, 2 and 3 of the Ontario Drinking Water Quality Standards (O. Reg. 169/03). During the inspection period there was one sample result that exceeded the value under O. Reg.169/03 of the Ontario Drinking Water Quality Standard. • Lead exceedance at distribution sample location (4314 Fifth Ave) on March 9, 2022, with a result of 32.8 ug/L. On March 16, 2022, the City of Niagara Falls ordered locates to uncover the curb box on the property to determine whether the City infrastructure side or private residential side of the service was composed of lead. Locates were marked on March 25, 2022 and the curb box was uncovered. It was discovered that City-owned component of the service was copper, while the service on the private residential property was lead. The property owner/tenant were informed as required. Once the City-owned portion of the service was confirmed to be copper, it was concluded by the City that the exceedance observed in the distribution sample at this address was likely a result of a sampling error, as the tap inside the home was likely was not flushed adequately to be a true representative sample of the distribution system. Re-samples of the distribution system came back clear. Question ID MRDW1081001 Question Type Legislative Question: For LMR systems, are all microbiological water quality monitoring requirements for distribution samples being met? Page 43 of 355 Page 490 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Legislative Requirement SDWA | O. Reg. 170/03 | 10-2 | (1); SDWA | O. Reg. 170/03 | 10-2 | (2); SDWA | O. Reg. 170/03 | 10-2 | (3); Observation All microbiological water quality monitoring requirements prescribed by legislation for distribution samples in a large municipal residential system were being met. As the population served by the system was recently updated to 92,069 people base on the 2021 Census, the minimum number of microbiological samples required per month is now increased to 100 (8+92) as paragraph 10-2 (1) (a) of Schedule 10 of O. Reg. 170/03 mentions: 10-2. (1) The owner of a drinking water system and the operating authority for the system shall ensure that, (a) if the system serves 100,000 people or less, at least eight distribution samples, plus one additional distribution sample for every 1,000 people served by the system, are taken every month, with at least one of the samples being taken in each week. The City applied and received an extension on the "Pandemic related temporary regulatory relief" from Schedule 10 - 2 (1) of Schedule 10 of O. Reg. 170/03 which was submitted on December 24, 2021, the relief was approved by the Ministry and in effect until April 30, 2022. Under the relief, the City was only required to take a minimum of 68 distribution microbiological samples every month, with at least three (3) of the samples being collected in each week. The City complied with the minimum microbiological sampling requirements in the regular and the pandemic periods of the inspection period. In addition, at least 25% of these samples must also be tested for Heterotrophic Plate Count (HPC). All bacteriological samples were tested for HPC. Question ID MRDW1096001 Question Type Legislative Question: Do records confirm that chlorine residual tests are being conducted at the same time and at the same location that microbiological samples are obtained? Legislative Requirement SDWA | O. Reg. 170/03 | 6-3 | (1); Observation Records confirmed that chlorine residual tests were being conducted at the same time and at the same location that microbiological samples were obtained. Question ID MRDW1086001 Question Type Legislative Page 44 of 355 Page 491 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question: Are all haloacetic acid water quality monitoring requirements prescribed by legislation conducted within the required frequency and at the required location? Legislative Requirement SDWA | O. Reg. 170/03 | 13-6.1 | (1); SDWA | O. Reg. 170/03 | 13-6.1 | (2); SDWA | O. Reg. 170/03 | 13-6.1 | (3); SDWA | O. Reg. 170/03 | 13-6.1 | (4); SDWA | O. Reg. 170/03 | 13-6.1 | (5); SDWA | O. Reg. 170/03 | 13-6.1 | (6); Observation All haloacetic acid water quality monitoring requirements prescribed by legislation were conducted within the required frequency and at the required location. Haloacetic Acid (HAA) samples were collected and tested on a quarterly basis with an annual running average of 6.12 ug/L. The limit for this parameter is 80 µg/L. The City takes samples at different locations throughout its distribution system and samples at more locations than required. The City samples HAA's at a location where the water is leaving the treatment plant along with a location close to the re-chlorination station which are both owned and operated by Niagara Region. Question ID MRDW1087001 Question Type Legislative Question: Have all trihalomethane water quality monitoring requirements prescribed by legislation been conducted within the required frequency and at the required location? Legislative Requirement SDWA | O. Reg. 170/03 | 13-6 | (1); SDWA | O. Reg. 170/03 | 13-6 | (2); SDWA | O. Reg. 170/03 | 13-6 | (3); SDWA | O. Reg. 170/03 | 13-6 | (4); SDWA | O. Reg. 170/03 | 13-6 | (5); SDWA | O. Reg. 170/03 | 13-6 | (6); Observation All trihalomethane water quality monitoring requirements prescribed by legislation were conducted within the required frequency and at the required location. Trihalomethane (THM) samples were collected and tested on a quarterly basis with an annual running average of 31.5 ug/L. The drinking water standard for THMs is 100 ug/L, expressed as a running annual average. Page 45 of 355 Page 492 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question ID MRDW1092001 Question Type Legislative Question: Has the owner ensured that water samples are taken at the prescribed location? Legislative Requirement SDWA | O. Reg. 170/03 | 6-2; Observation The owner ensured that water samples were taken at the prescribed location. Question ID MRDW1094001 Question Type Legislative Question: Are all water quality monitoring requirements imposed by the MDWL and DWWP being met? Legislative Requirement SDWA | 31 | (1); Observation All water quality monitoring requirements imposed by the MDWL or DWWP issued under Part V of the SDWA were being met. Question ID MRDW1095001 Question Type Legislative Question: Have all lead sampling requirements prescribed by Schedule 15.1 of O. Reg. 170/03 been met? Legislative Requirement SDWA | O. Reg. 170/03 | 15.1-10; SDWA | O. Reg. 170/03 | 15.1-4 | (1); SDWA | O. Reg. 170/03 | 15.1-5 | (1); SDWA | O. Reg. 170/03 | 15.1-5 | (10); SDWA | O. Reg. 170/03 | 15.1-5 | (11); SDWA | O. Reg. 170/03 | 15.1-5 | (12); SDWA | O. Reg. 170/03 | 15.1-5 | (2); SDWA | O. Reg. 170/03 | 15.1- 5 | (3); SDWA | O. Reg. 170/03 | 15.1-5 | (4); SDWA | O. Reg. 170/03 | 15.1-5 | (5); SDWA | O. Reg. 170/03 | 15.1-5 | (6); SDWA | O. Reg. 170/03 | 15.1-5 | (7); SDWA | O. Reg. 170/03 | 15.1-5 | (8); SDWA | O. Reg. 170/03 | 15.1-5 | (9); SDWA | O. Reg. 170/03 | 15.1-7 | (1); SDWA | O. Reg. 170/03 | 15.1-7 | (2); SDWA | O. Reg. 170/03 | 15.1-7 | (3); SDWA | O. Reg. 170/03 | 15.1-7 | (4); SDWA | O. Reg. 170/03 | 15.1-9 | (1); SDWA | O. Reg. 170/03 | 15.1-9 | (2); SDWA | O. Reg. 170/03 | 15.1-9 | (3); SDWA | O. Reg. 170/03 | 15.1-9 | (4); SDWA | O. Reg. 170/03 | 15.1-9 | (5); SDWA | O. Reg. 170/03 | 15.1-9 | (6); SDWA | O. Reg. 170/03 | 15.1-9 | (7); SDWA | O. Reg. 170/03 | 15.1-9 | (8); Page 46 of 355 Page 493 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs SDWA | O. Reg. 170/03 | 15.1-9 | (9); SDWA | O. Reg. 170/03 | 6-3 | (1); Observation All sampling requirements for lead prescribed by schedule 15.1 of O. Reg. 170/03 were being met. Condition 1 of Schedule D of Issue 5 of MDWL 068-101 allows the City of Niagara Falls to take less lead samples than would be required by Schedule 15.1 of O. Reg. 170/03. However, the City is required to make every reasonable effort to ensure samples taken in accordance with Table 1 are within areas identified in the Niagara Falls Distribution System Lead Sampling Map, dated July 24, 2014. The City is required to take the following samples during every lead sampling session: • Number of Sampling Points in Plumbing that Serves Private Residences: 20 • Number of Sampling Points in Plumbing that Does Not Serve Private Residences: 2 • Number of Sampling Points in Distribution System: 4 The City applied and received an extension on the "Pandemic related temporary regulatory relief" from Condition 1.3 of Schedule D in its MDWL which was submitted on December 24, 2021, the relief was approved by the Ministry and in effect until April 30, 2022. Under the relief, for the sampling period December 15, 2021, to April 15, 2022, the City was required to obtain at a minimum six samples from sampling points in plumbing that serves private residences and two samples from sampling points in distribution system to be in compliance with Schedule 15.1 of O.Reg.170/03. All samples taken as required during the inspection period. Question ID MRDW1098001 Question Type Legislative Question: Has the owner indicated that the required records are kept and will be kept for the required time period? Legislative Requirement SDWA | O. Reg. 170/03 | 13 | (1); SDWA | O. Reg. 170/03 | 13 | (2); SDWA | O. Reg. 170/03 | 13 | (3); Observation The owner indicated that the required records are kept and will be kept for the required time period. Question ID MRDW1101001 Question Type Legislative Question: Page 47 of 355 Page 494 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs For LMR Systems, have corrective actions (as per Schedule 17 of O. Reg. 170/03) been taken to address adverse conditions, including any other steps as directed by the Medical Officer of Health? Legislative Requirement SDWA | O. Reg. 170/03 | 17-1; SDWA | O. Reg. 170/03 | 17- 10 | (1); SDWA | O. Reg. 170/03 | 17-11; SDWA | O. Reg. 170/03 | 17-12; SDWA | O. Reg. 170/03 | 17-13; SDWA | O. Reg. 170/03 | 17-14; SDWA | O. Reg. 170/03 | 17-2; SDWA | O. Reg. 170/03 | 17-3; SDWA | O. Reg. 170/03 | 17-4; SDWA | O. Reg. 170/03 | 17-5; SDWA | O. Reg. 170/03 | 17- 6; SDWA | O. Reg. 170/03 | 17-9; Observation Corrective actions (as per Schedule 17), including any other steps that were directed by the Medical Officer of Health, had been taken to address adverse conditions. Question ID MRDW1103000 Question Type Legislative Question: Have corrective actions as directed by the Medical Officer of Health been taken by the owner and operating authority to address exceedances of the lead standard in plumbing? Legislative Requirement SDWA | O. Reg. 170/03 | 15.1-10; Observation Corrective actions as directed by the Medical Officer of Health had been taken by the owner and operating authority to address exceedances of the lead standard. Question ID MRDW1104000 Question Type Legislative Question: Were all required verbal notifications of adverse water quality incidents immediately provided as per O. Reg. 170/03 16-6? Legislative Requirement SDWA | O. Reg. 170/03 | 16-6 | (1); SDWA | O. Reg. 170/03 | 16-6 | (2); SDWA | O. Reg. 170/03 | 16-6 | (3); SDWA | O. Reg. 170/03 | 16-6 | (3.1); SDWA | O. Reg. 170/03 | 16-6 | (3.2); SDWA | O. Reg. 170/03 | 16-6 | (4); SDWA | O. Reg. 170/03 | 16-6 | (5); SDWA | O. Reg. 170/03 | 16-6 | (6); Observation All required notifications of adverse water quality incidents were immediately provided as per O. Reg. 170/03 16-6. Page 48 of 355 Page 495 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question ID MRDW1105000 Question Type Legislative Question: Were all required written notices of adverse water quality incidents provided as per O. Reg. 170/03 16-7? Legislative Requirement SDWA | O. Reg. 170/03 | 16-7 | (1); SDWA | O. Reg. 170/03 | 16-7 | (2); SDWA | O. Reg. 170/03 | 16-7 | (3); SDWA | O. Reg. 170/03 | 16-7 | (4); SDWA | O. Reg. 170/03 | 16-7 | (5); Observation All required written notices of adverse water quality incidents were provided as per O. Reg. 170/03 16-7. Question ID MRDW1106001 Question Type Legislative Question: Were all required written notices of issue resolution provided as per O. Reg. 170/03 16-9? Legislative Requirement SDWA | O. Reg. 170/03 | 16-9 | (1); SDWA | O. Reg. 170/03 | 16-9 | (2); Observation All required written notices of issue resolution were provided as per O. Reg. 170/03 16-9. Question ID MRDW1107001 Question Type Legislative Question: Were all reporting requirements for lead sampling complied with as per Schedule 15.1-9 of O. Reg. 170/03? Legislative Requirement SDWA | O. Reg. 170/03 | 15.1-9 | (1); SDWA | O. Reg. 170/03 | 15.1-9 | (2); SDWA | O. Reg. 170/03 | 15.1-9 | (3); SDWA | O. Reg. 170/03 | 15.1-9 | (4); SDWA | O. Reg. 170/03 | 15.1-9 | (5); SDWA | O. Reg. 170/03 | 15.1-9 | (7); SDWA | O. Reg. 170/03 | 15.1-9 | (8); SDWA | O. Reg. 170/03 | 15.1-9 | (9); Observation All reporting requirements for lead sampling were complied with as per schedule 15.1-9 of O. Reg. 170/03. Question ID MRDW1110001 Question Type Legislative Page 49 of 355 Page 496 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question: Was an Annual Report containing the required information prepared by February 28 of the following year? Legislative Requirement SDWA | O. Reg. 170/03 | 11 | (6); Observation The Annual Report containing the required information was prepared by February 28th of the following year. Question ID MRDW1057001 Question Type Legislative Question: Has the owner of this system provided an Annual Report to the owner(s) of all standalone distribution systems connected to this system? Legislative Requirement SDWA | O. Reg. 170/03 | 11 | (2.1); Observation The donor had provided an Annual Report to the receiver stand alone distribution system(s) connected to this system. Question ID MRDW1111000 Question Type Legislative Question: Have Summary Reports for municipal council been completed on time, include the required content, and distributed in accordance with the regulatory requirements? Legislative Requirement SDWA | O. Reg. 170/03 | 22-2 | (1); SDWA | O. Reg. 170/03 | 22-2 | (2); SDWA | O. Reg. 170/03 | 22-2 | (3); SDWA | O. Reg. 170/03 | 22-2 | (4); Observation Summary Reports for municipal council were completed on time, included the required content, and were distributed in accordance with the regulatory requirements. The 2021 Summary Report was presented to council on March 22, 2022. Question ID MRDW1113000 Question Type Legislative Question: Have all changes to the system registration information been provided to the Ministry within ten (10) days of the change? Page 50 of 355 Page 497 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Legislative Requirement SDWA | O. Reg. 170/03 | 10.1 | (3); Observation All changes to the system registration information were provided within ten (10) days of the change. The Drinking Water Information Form was submitted to the Ministry on February 22, 2022, to update the system contact information and population served. The profile update was submitted via waterforms@ontario.ca as required. Question ID MRDW1056001 Question Type Information Question: Has the donor provided an Annual Report to the owner of this receiver drinking water system? Legislative Requirement Not Applicable Observation The donor provided an Annual Report to the owner of this receiver drinking water system. The City received a copy of the Niagara Falls Drinking Water System's Annual Report. Question ID MRDW1045001 Question Type Legislative Question: Has the owner updated the document describing the distribution components within 12 months of completion of alterations to the system? Legislative Requirement EPA; SDWA | 31 | (1); Observation The owner had up-to-date documents describing the distribution components as required. Question ID MRDW1046001 Question Type BMP Question: Is there a backflow prevention program, policy and/or bylaw in place that addresses cross connections and connections to high hazard facilities? Legislative Requirement Not Applicable Observation Page 51 of 355 Page 498 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs There was no backflow prevention program, policy and/or bylaw in place. New facilities are required to have backflow prevention devices installed as per the Ontario Building Code. While the implementation of a program has been delayed due to the pandemic, the City continues to discuss the tentative development of the backflow prevention program with upper management and the potential for updating the By-Law. The City is encouraged to continue the implementation of its backflow prevention program and recommends the City refer to the Ministry's Backflow Prevention Guide which provides comprehensive information and suggested approaches the City can undertake to prevent backflow and implement a program. Backflow Prevention Guide - https://www.ontario.ca/page/guide-drinking-water-system- owners-seeking-undertake-backflow-prevention-program Question ID MRDW1053001 Question Type BMP Question: Is the Owner able to maintain proper pressures in the distribution system and is pressure monitored to alert the operator of conditions which may lead to loss of pressure below the value under which the system is designed to operate? Legislative Requirement Not Applicable Observation The owner was able to maintain proper pressures in the distribution system and pressure was monitored to alert the operator of conditions which may lead to loss of pressure below the value under which the system is designed to operate. The Niagara Falls Water Treatment Plant's operators continuously monitor the pressure in the City's regional mains and the levels in the drinking water storage facilities. The Region's operators keep close contact with the City's Public Work operators when water pressure related alarms are received. In addition, some of the City's commercial customers monitor the water pressure on a continuous basis and contact the City if issues arise. Question ID MRDW1048001 Question Type BMP Question: Has the owner implemented a program for the flushing of watermains as per industry standards? Legislative Requirement Not Applicable Observation Page 52 of 355 Page 499 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs The owner had implemented a program for the flushing of watermains as per industry standards. The City aims at flushing the distribution system on annual basis. Procedure MW-WWW- DWS-SOP-011-014 - "Hydrant - Inspection, Flushing, and Repairs" provides the steps the City uses to flush sections of the water distribution system through hydrants to maintain water quality. With the current flushing program, the City inspects and flushes approximately 70% of their hydrants annually. The percentage of hydrants has increased substantially in the last couple of years with the addition of staff to perform flushing duties on a more regular basis. Question ID MRDW1050001 Question Type BMP Question: Is there a program in place for inspecting and exercising valves? Legislative Requirement Not Applicable Observation There was a program in place for inspecting and exercising valves. The City has a program to exercise valves in the distribution system. Procedure MW-WWW-DWS-SOP-011-019 – "Operating Valve Turning Machine" provides an overview of the steps the City uses to ensure the proper operation and maintenance of valves. The operators use an automatic valve opener machine which keeps the record of valves exercised, and approximately 25% of valves are exercised within the course of a year. Aside from the City's regular valve exercising program, the City also often proves out sections of watermain for repairs, to ensure not only valves are in proper functioning order but that they also do not leak. Question ID MRDW1051001 Question Type BMP Question: Is there a program in place for inspecting and operating hydrants? Legislative Requirement Not Applicable Observation There was a program in place for inspecting and operating hydrants. Page 53 of 355 Page 500 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question ID MRDW1052001 Question Type BMP Question: Is there a by-law or policy in place limiting access to hydrants? Legislative Requirement Not Applicable Observation There was a by-law or policy in place limiting access to hydrants. Section 3.2 of By-law 2016-108 stipulates: No person shall, in any way, interfere with, obstruct, conceal or bypass any hydrant, valve, curb stop, service pipe, stopcock, meter, remote reader, or other Distribution System or water service appurtenances. Question ID MRDW1058001 Question Type Legislative Question: Do operators and maintenance personnel have ready access to operations and maintenance manuals? Legislative Requirement SDWA | O. Reg. 128/04 | 28; Observation Operators and maintenance personnel had ready access to operations and maintenance manuals. A current copy of the operation and maintenance (O&M) manual is kept at the Public Works building at 3200 Stanley Avenue. Question ID MRDW1059000 Question Type Legislative Question: Do the operations and maintenance manuals contain plans, drawings and process descriptions sufficient for the safe and efficient operation of the system? Legislative Requirement SDWA | O. Reg. 128/04 | 28; Observation The operations and maintenance manuals contained plans, drawings and process descriptions sufficient for the safe and efficient operation of the system. Page 54 of 355 Page 501 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs A current copy of the operation and maintenance (O&M) manual is kept at the Public Works building at 3200 Stanley Avenue. The manual does not contain drawings of the system, the City's DS drawings can be viewed on the City's Geographic Information System (GIS) called "The Niagara Falls Viewer". Question ID MRDW1060000 Question Type Legislative Question: Do the operations and maintenance manuals meet the requirements of the DWWP and MDWL issued under Part V of the SDWA? Legislative Requirement SDWA | 31 | (1); Observation The operations and maintenance manuals met the requirements of the Drinking Water Works Permit and Municipal Drinking Water Licence issued under Part V of the SDWA. Question ID MRDW1061001 Question Type Legislative Question: Are logbooks properly maintained and contain the required information? Legislative Requirement SDWA | O. Reg. 128/04 | 27 | (1); SDWA | O. Reg. 128/04 | 27 | (2); SDWA | O. Reg. 128/04 | 27 | (3); SDWA | O. Reg. 128/04 | 27 | (4); SDWA | O. Reg. 128/04 | 27 | (5); SDWA | O. Reg. 128/04 | 27 | (6); SDWA | O. Reg. 128/04 | 27 | (7); Observation Logbooks were properly maintained and contained the required information. Question ID MRDW1062001 Question Type Legislative Question: Do records or other record keeping mechanisms confirm that operational testing not performed by continuous monitoring equipment is being done by a certified operator, water quality analyst, or person who meets the requirements of O. Reg. 170/03 7-5? Legislative Requirement SDWA | O. Reg. 170/03 | 7-5; Observation Records or other record keeping mechanisms confirmed that operational testing not performed by continuous monitoring equipment was being done by a certified operator, water quality analyst, or person who suffices the requirements of O. Reg. 170/03 7-5. Page 55 of 355 Page 502 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Question ID MRDW1063000 Question Type Legislative Question: For every required operational test and for every required sample, is a record made of the date, time, location, name of the person conducting the test and result of the test? Legislative Requirement SDWA | O. Reg. 170/03 | 6-10 | (1); Observation For every required operational test and every required sample, a record was made of the date, time, location, name of the person conducting the test and result of the test. Question ID MRDW1064000 Question Type Legislative Question: Did the operator-in-charge ensure that records were maintained of all adjustments made to the processes within his or her responsibility? Legislative Requirement SDWA | O. Reg. 128/04 | 26 | (2); Observation The operator-in-charge ensured that records were maintained of all adjustments made to the processes within his or her responsibility. The City uses work orders as their operational logs. Question ID MRDW1065000 Question Type Legislative Question: Are logs and other record keeping mechanisms available for at least five (5) years? Legislative Requirement SDWA | O. Reg. 128/04 | 27 | (6); Observation Logs or other record keeping mechanisms were available for at least five (5) years. Question ID MRDW1071000 Question Type BMP Question: Has the owner provided security measures to protect components of the drinking water system? Legislative Requirement Not Applicable Page 56 of 355 Page 503 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Observation The owner had provided security measures to protect components of the drinking water system. The City has two bulk filling stations, one located on Stanley Ave across from the Public Works building and one at the corner of Stanley Ave and Chippawa Parkway. Both stations are locked with access codes and the area is monitored using security cameras. The stations are also equipped with backflow devices and are tested annually, the devices were last calibrated/tested on June 16, 2022. Question ID MRDW1072001 Question Type BMP Question: Has the owner and/or operating authority undertaken efforts to promote water conservation and reduce water losses in their system? Legislative Requirement Not Applicable Observation The owner and/or operating authority undertook efforts to promote water conservation and reduce water losses in their system. The City's distribution system is fully-metered. To conserve water, the City offers a rebate for the installation of high-efficiency toilets. The City also encourages the public to install rain barrels. The City performs its own leak detection on a responsive basis and after main break repairs, a leak detecting device is used in a radial pattern outward from the watermain break location. This allows the City to detect future or not yet visible leaks as a proactive measure in the break prone areas. As an addition to water loss measure, the City does notify residents of service leaks on their private property, and through their Water By Law mandates the resident to repair the leak at their cost within 48 hours of the notification. The City also recently completed a Non- Revenue water loss study throughout 2019/2020 and capital works projects will be planned based on the findings from that survey. Question ID MRDW1073001 Question Type Legislative Question: Has the overall responsible operator been designated for all subsystems which comprise the drinking water system? Page 57 of 355 Page 504 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs Legislative Requirement SDWA | O. Reg. 128/04 | 23 | (1); Observation The overall responsible operator had been designated for each subsystem. Niagara Falls Distribution system is classified as a Class 2 DS which received License #1445 on July 18, 2005. The designated ORO is Michael Pullano, who holds a valid Class 2 license, expiring May 31, 2024. Jonathan Danyluck has been designated as the backup ORO, who holds a valid Class 2 license, expiring Sept 30, 2024. Question ID MRDW1078001 Question Type Legislative Question: In instances where the overall responsible operator was unable to act, was an adequately certified operator designated to act in place of the overall responsible operator? Legislative Requirement SDWA | O. Reg. 128/04 | 23 | (1); SDWA | O. Reg. 128/04 | 23 | (2); SDWA | O. Reg. 128/04 | 23 | (4); SDWA | O. Reg. 128/04 | 23 | (6); SDWA | O. Reg. 128/04 | 23 | (7); Observation An adequately licenced operator was designated to act in place of the overall responsible operator when the overall responsible operator was unable to act. Question ID MRDW1074001 Question Type Legislative Question: Have operators-in-charge been designated for all subsystems for which comprise the drinking water system? Legislative Requirement SDWA | O. Reg. 128/04 | 25 | (1); Observation Operators-in-charge had been designated for all subsystems which comprise the drinking water system. Question ID MRDW1075001 Question Type Legislative Question: Do all operators possess the required certification? Legislative Requirement SDWA | O. Reg. 128/04 | 22; Observation Page 58 of 355 Page 505 of 1092 Ministry of the Environment, Conservation and Parks Ministère de l'Environnement, de la Protection de la nature et des Parcs All operators possessed the required certification. A search of the Ontario Water Wastewater Certification Office (OWWCO) operator listing report website showed that all operators have the required certification. Question ID MRDW1076001 Question Type Legislative Question: Do only certified operators make adjustments to the treatment equipment? Legislative Requirement SDWA | O. Reg. 170/03 | 1-2 | (2); Observation Only certified operators made adjustments to the treatment equipment. Question ID MRDW1117001 Question Type Information Question: Are there any other DWS related items that should be recognized in this report? Legislative Requirement Not Applicable Observation The following items are noted as being relevant to the Drinking Water System: Key items to note for the 2022-2023 inspection period for the Niagara Falls Distribution System: • In September 2022 a meter reading tower was installed within the Niagara Falls DS, which provides hourly readings on the new water meters installed. This advanced metering infrastructure will allow the City to track trends which may provide better insight/detection of watermain breaks or unauthorised water consumption. • The City has developed a Water Loss Committee, which brings together members from Engineering, Road, Finance and Water/Wastewater Operations to work together and gain more accurate water loss figures within the distribution system. Page 59 of 355 Page 506 of 1092 Ministry of the Environment, Conservation & Parks Inspection Report Appendix A Stakeholder Appendix Page 60 of 355 Page 507 of 1092 Key Reference and Guidance Material for Municipal Residential Drinking Water Systems Many useful materials are available to help you operate your drinking water system. Below is a list of key materials owners and operators of municipal residential drinking water systems frequently use. To access these materials online click on their titles in the table below or use your web browser to search for their titles. Contact the Public Information Centre if you need assistance or have questions at 1-800-565-4923/416-325-4000 or picemail.moe@ontario.ca. For more information on Ontario’s drinking water visit www.ontario.ca/drinkingwater and email drinking.water@ontario.ca to subscribe to drinking water news. PIBS 8990b01 ontario.ca/drinkingwater PUBLICATION TITLE PUBLICATION NUMBER Taking Care of Your Drinking Water: A Guide for Members of Municipal Councils 7889e01 FORMS: Drinking Water System Profile Information, Laboratory Services Notification, Adverse Test Result Notification Form 7419e, 5387e, 4444e Procedure for Disinfection of Drinking Water in Ontario 4448e01 Strategies for Minimizing the Disinfection Products Trihalomethanes and Haloacetic Acids 7152e Total Trihalomethane (TTHM) Reporting Requirements Technical Bulletin (February 2011)8215e Filtration Processes Technical Bulletin 7467 Ultraviolet Disinfection Technical Bulletin 7685 Guide for Applying for Drinking Water Works Permit Amendments, Licence Amendments, Licence Renewals and New System Applications 7014e01 Certification Guide for Operators and Water Quality Analysts Guide to Drinking Water Operator Training Requirements 9802e Taking Samples for the Community Lead Testing Program 6560e01 Community Sampling and Testing for Lead: Standard and Reduced Sampling and Eligibility for Exemption 7423e Guide: Requesting Regulatory Relief from Lead Sampling Requirements 6610 Drinking Water System Contact List 7128e Technical Support Document for Ontario Drinking Water Quality Standards 4449e01 March 2015 Page 61 of 355 Page 508 of 1092 Principaux guides et documents de référence sur les réseaux résidentiels municipaux d’eau potable De nombreux documents utiles peuvent vous aider à exploiter votre réseau d’eau potable. Vous trouverez ci-après une liste de documents que les propriétaires et exploitants de réseaux résidentiels municipaux d’eau potable utilisent fréquemment. Pour accéder à ces documents en ligne, cliquez sur leur titre dans le tableau ci-dessous ou faites une recherche à l’aide de votre navigateur Web. Communiquez avec le Centre d’information au public au 1 800 565-4923 ou au 416 325-4000, ou encore à picemail.moe@ontario.ca si vous avez des questions ou besoin d’aide. PIBS 8990b01 ontario.ca/eaupotable Pour plus de renseignements sur l’eau potable en Ontario, consultez le site www.ontario.ca/ eaupotable ou envoyez un courriel à drinking.water@ontario.ca pour suivre l’information sur l’eau potable. TITRE DE LA PUBLICATION NUMÉRO DE PUBLICATION Prendre soin de votre eau potable – Un guide destiné aux membres des conseils municipaux 7889f01 Renseignements sur le profil du réseau d’eau potable, Avis de demande de services de laboratoire, Formulaire de communication de résultats d’analyse insatisfaisants et du règlement des problèmes 7419f, 5387f, 4444f Marche à suivre pour désinfecter l’eau potable en Ontario 4448f01 Strategies for Minimizing the Disinfection Products Thrihalomethanes and Haloacetic Acids (en anglais seulement)7152e Total Trihalomethane (TTHM) Reporting Requirements: Technical Bulletin (février 2011) (en anglais seulement)8215e Filtration Processes Technical Bulletin (en anglais seulement)7467 Ultraviolet Disinfection Technical Bulletin (en anglais seulement)7685 Guide de présentation d’une demande de modification du permis d’aménagement de station de production d’eau potable, de modification du permis de réseau municipal d’eau potable, de renouvellement du permis de réseau municipal d’eau potable et de permis pour un nouveau réseau 7014f01 Guide sur l’accréditation des exploitants de réseaux d’eau potable et des analystes de la qualité de l’eau de réseaux d’eau potable Guide sur les exigences relatives à la formation des exploitants de réseaux d’eau potable 9802f Prélèvement d’échantillons dans le cadre du programme d’analyse de la teneur en plomb de l’eau dans les collectivités 6560f01 Échantillonnage et analyse du plomb dans les collectivités : échantillonnage normalisé ou réduit et admissibilité à l’exemption 7423f Guide: Requesting Regulatory Relief from Lead Sampling Requirements (en anglais seulement)6610 Liste des personnes-ressources du réseau d’eau potable 7128f Document d’aide technique pour les normes, directives et objectifs associés à la qualité de l’eau potable en Ontario 4449f01 Mars 2015 Page 62 of 355 Page 509 of 1092 Ministry of the Environment, Conservation & Parks Inspection Report Appendix B Inspection Rating Record (IRR) Page 63 of 355 Page 510 of 1092 Ministry of the Environment, Conservation & Parks Inspection Report NOTE: IRR SCORE TO FOLLOW IN A SEPARATE EMAIL Page 64 of 355 Page 511 of 1092 APPLICATION OF THERISK METHODOLOGY USED FOR MEASURING MUNICIPAL RESIDENTIAL DRINKING WATER SYSTEM INSPECTION RESULTS The Ministry of the Environment (MOE) has a rigorous and comprehensive inspection program for municipal residential drinking water systems (MRDWS). Its objective is to determine the compliance of MRDWS with requirements under the Safe Drinking Water Act and associated regulations. It is the responsibility of the municipal residential drinking water system owner to ensure their drinking water systems are in compliance with all applicable legal requirements. This document describes the risk rating methodology, which has been applied to the findings of the Ministry’s MRDWS inspection results since fiscal year 2008-09. The primary goals of this assessment are to encourage ongoing improvement of these systems and to establish a way to measure this progress. MOE reviews the risk rating methodology every three years. The Ministry’s Municipal Residential Drinking Water Inspection Protocol contains 15 inspection modules consisting of approximately 100 regulatory questions. Those protocol questions are also linked to definitive guidance that ministry inspectors use when conducting MRDWS inspections. PIBS 6797e April 2012 ontario.ca/drinkingwater Page 65 of 355 Page 512 of 1092 2 APPLICATION OF RISK METHODOLOGY The questions address a wide range of regulatory issues, from administrative procedures to drinking water quality monitoring. The inspection protocol also contains a number of non-regulatory questions. A team of drinking water specialists in the ministry assessed each of the inspection protocol regulatory questions to determine the risk (not complying with the regulation) to the delivery of safe drinking water. This assessment was based on established provincial risk assessment principles, with each question re- ceiving a risk rating referred to as the Question Risk Rating. Based on the number of areas where a system is deemed to be non-compliant during the inspection, and the significance of these areas to administrative, environmental, and health consequences, a risk- based inspection rating is calculated by the ministry for each drinking water system. It is important to be aware that an inspection rating less than 100 per cent does not mean the drinking water from the system is unsafe. It shows areas where a system’s operation can improve. The ministry works with owners and operators of systems to make sure they know what they need to do to achieve full compliance. The inspection rating reflects the inspection results of the specific drinking water system for the report- ing year. Since the methodology is applied consis- tently over a period of years, it serves as a compara- tive measure both provincially and in relation to the individual system. Both the drinking water system and the public are able to track the performance over time, which encourages continuous improvement and allows systems to identify specific areas requir- ing attention. The ministry’s annual inspection program is an im- portant aspect of our drinking water safety net. The ministry and its partners share a common commit- ment to excellence and we continue to work toward the goal of 100 per cent regulatory compliance. Determining Potential to Compromise the Delivery of Safe Water The risk management approach used for MRDWS is aligned with the Government of Ontario’s Risk Management Framework. Risk management is a systematic approach to identifying potential hazards, understanding the likelihood and consequences of the hazards, and taking steps to reduce their risk if necessary and as appropriate. The Risk Management Framework provides a formu- la to be used in the determination of risk: Every regulatory question in the inspection proto- col possesses a likelihood value (L) for an assigned consequence value (C) as described in Table 1 and Table 2. TABLE 1: Likelihood of Consequence Occurring Likelihood Value 0% - 0.99% (Possible but Highly Unlikely)L = 0 1 – 10% (Unlikely)L = 1 11 – 49% (Possible)L = 2 50 – 89% (Likely)L = 3 90 – 100% (Almost Certain)L = 4 TABLE 2: Consequence Consequence Value Medium Administrative Consequence C = 1 Major Administrative Consequence C = 2 Minor Environmental Consequence C = 3 Minor Health Consequence C = 4 Medium Environmental Consequence C = 5 Major Environmental Consequence C = 6 Medium Health Consequence C = 7 Major Health Consequence C = 8 RISK = LIKELIHOOD × CONSEQUENCE (of the consequence) Page 66 of 355 Page 513 of 1092 3APPLICATION OF RISK METHODOLOGY The consequence values (0 through 8) are selected to align with other risk-based programs and projects currently under development or in use within the ministry as outlined in Table 2. The Question Risk Rating for each regulatory in- spection question is derived from an evaluation of every identified consequence and its correspond- ing likelihood of occurrence: •All levels of consequence are evaluated for their potential to occur •Greatest of all the combinations is selected. TABLE 3: Does the Operator in Charge ensure that the equipment and processes are monitored, inspected and evaluated? Risk = Likelihood × Consequence C=1 C=2 C=3 C=4 C=5 C=6 C=7 C=8 Medium Administrative Consequence Major Administrative Consequence Minor Environmental Consequence Minor Health Consequence Medium Environmental Consequence Major Environmental Consequence Medium Health Consequence Major Health Consequence L=4 (Almost Certain) L=1 (Unlikely L=2 (Possible) L=3 (Likely) L=3 (Likely) L=1 (Unlikely L=3 (Likely) L=2 (Possible) R=4 R=2 R=6 R=12 R=15 R=6 R=21 R=16 Application of the Methodology to Inspection Results The Question Risk Rating quantifies the risk of non-compliance of each question relative to the others. Questions with higher values are those with a potentially more significant impact on drinking water safety and a higher likelihood of occurrence. The highest possible value would be 32 (4×8) and the lowest would be 0 (0×1). Table 3 presents a sample question showing the risk rating determination process. Based on the results of a MRDWS inspection, an overall inspection risk rating is calculated. During an inspection, inspectors answer the questions related to regulatory compliance and input their “yes”, “no” or “not applicable” responses into the Ministry’s Laboratory and Waterworks Inspection System (LWIS) database. A “no” response indicates non- compliance. The maximum number of regulatory questions asked by an inspector varies by: system (i.e., distribution, stand-alone); type of inspection (i.e., focused, detailed); and source type (i.e., groundwater, surface water). The risk ratings of all non-compliant answers are summed and divided by the sum of the risk ratings of all questions asked (maximum question rating). The resulting inspection risk rating (as a percentage) is subtracted from 100 per cent to arrive at the final inspection rating. Page 67 of 355 Page 514 of 1092 4 APPLICATION OF RISK METHODOLOGY 1.Source 2.Permit to Take Water 3.Capacity Assessment 4. Treatment Processes 5. Treatment Process Monitoring 6. Process Wastewater 7. Distribution System 8. Operations Manuals 9.Logbooks 10.Contingency and Emergency Planning 11. Consumer Relations 12. Certification and Training 13. Water Quality Monitoring 14. Reporting, Notification and Corrective Actions 15.Other Inspection Findings For further information, please visit www.ontario.ca/drinkingwater Figure 1: Year Over Year Distribution of MRDWS Ratings Reporting Results to MRDWS Owners/Operators A summary of inspection findings for each system is generated in the form of an Inspection Rating Record (IRR). The findings are grouped into the 15 possible modules of the inspection protocol, 0 100 200 300 400 500 600 700 YEAR A YEAR B YEAR C YEAR D YEAR E 100% Rating NUMBER OF INSPECTION RATINGS>95% to 100%>90% to 95%>85% to 90%>50% to 80%>80% to 85% 512 538 572 586 585 137 117 92 77 75 18 13 5 7 7 12 16 8 12 9 33 26 22 18 17 233 281 349 344 406 279 257 223 242 179 5% RATING BANDING BY YEAR which would provide the system owner/operator with information on the areas where they need to improve. The 15 modules are: Application of the Methodology for Public Reporting The individual MRDWS Total Inspection Ratings are published with the ministry’s Chief Drinking Water Inspector’s Annual Report. Figure 1 presents the distribution of MRDWS rat- ings for a sample of annual inspections. Individual drinking water systems can compare against all the other inspected facilities over a period of inspection years. Page 68 of 355 Page 515 of 1092 Ministry of the Environment, Conservation and Parks - Inspection Summary Rating Record (Reporting Year - 2022-2023) DWS Name:City of Niagara Falls Distribution System DWS Number:260002304 DWS Owner:CITY OF NIAGARA FALLS Municipal Location:NIAGARA FALLS Regulation:O.REG. 170/03 DWS Category:DW Municipal Residential Type of Inspection:Detailed Inspection Date:Sep-8-22 Ministry Office:Niagara District Office Maximum Risk Rating:347 Inspection Module Non Compliance Rating Treatment Processes 0 / 8 Operations Manuals 0 / 28 Logbooks 0 / 12 Reporting & Corrective Actions 0 / 49 Other Inspection Findings 0 / 250 Overall - Calculated 0 / 347 Inspection Risk Rating:0.00% Final Inspection Rating:100.00% Inspection Rating Record Generated On 2022-11-02 (Inspection ID: 1-107403955)Page 69 of 355Page 516 of 1092 Ministry of the Environment, Conservation and Parks - Detailed Inspection Rating Record (Reporting Year - 2022-2023) DWS Name:City of Niagara Falls Distribution System DWS Number:260002304 DWS Owner Name:CITY OF NIAGARA FALLS Municipal Location:NIAGARA FALLS Regulation:O.REG. 170/03 DWS Category:DW Municipal Residential Type of Inspection:Detailed Inspection Date:Sep-8-22 Ministry Office:Niagara District Office All legislative requirements were met. No detailed rating scores. Maximum Question Rating:347 Inspection Risk Rating:0.00% FINAL INSPECTION RATING:100.00% Inspection Rating Record Generated On 2022-11-02 (Inspection ID: 1-107403955)Page 70 of 355Page 517 of 1092 Corporation of the City of Niagara Falls 3200 Stanley Avenue Niagara Falls, Ontario L2E 6S4 CAN C0122263 Audit Type Surveillance Audit Auditor James Pang Standard Ontario's Drinking Water Quality Management Standard Version 2 (Exp Date: 06-OCT-2023) Audit Date(s): 05/10/2022 - 05/11/2022 Recommendation Ontario's Drinking Water Quality Management Standard Version 2 : Continue Certification, NO CARs Page 71 of 355 Page 518 of 1092 NSF International Strategic Registrations | www.nsf-isr.org 5/19/2022 Executive Summary Ontario's Drinking Water Quality Management Standard Version 2 QMS rep is very responsive to audit comments. There's a willingness to cooperate and improve the DWQMS performance. Opportunities Ontario's Drinking Water Quality Management Standard Version 2 Three OFIs. Corrective Action Requests There is NO Corrective Action Request in this audit. Site Information The audit was based on a sampling of the company's management system. Industry Codes NACE:E 41 Scope of Registration Ontario's Drinking Water Quality Management Standard Version 2 : City of Niagara Falls Drinking Water System, 068-OA1, Entire Full Scope Accreditation Page 72 of 355 Page 519 of 1092 NSF International Strategic Registrations | www.nsf-isr.org 5/19/2022 Opportunities for Improvements Ontario's Drinking Water Quality Management Standard Version 2 Opportunity Observations / Auditor Notes Opportunities for Improvements (DWQMS)-01 Location of OFI Organizational structure, roles, responsibilities and authorities; Discussed With Jessica Blanchard; Description Although in general conformance, the management may consider to ensure that the Matrix in MW-ES-DWS-LM-005-001 is consistent with Fig 9-1 in the OP. There seemed to be a confusion as to who made up the Top Management. ; Opportunities for Improvements (DWQMS)-02 Location of OFI Essential supplies and services; Discussed With Jessica Blanchard; Description Although it was noted from the record of the management review held on Feb 16, 2022 that action was in progress with regards to modifying/improving the recording of quality checks of all essential supplies as they are received in stock (checks should be done by staff of Operating Authority), the process was not described in the relevant section of the OP. The management is to consider to include the description so that it is formally part of the documented QMS. ; Opportunities for Improvements (DWQMS)-03 Location of OFI Infrastructure Maintenance, Rehabilitation and Renewal; Discussed With Jessica Blanchard; Description Reviewed the Water and Wasterwater long-range financial plan prepared by BMA Management Consulting Inc. It was noted that the Infrastructure / Engineering Department have been made aware of including an itemized breakdown, as per the Management Review and the Infrastructure Review meeting minutes, and it was stated that they will look to accomplish this in the next long range financial plan (estimated to be complete following the next Council initiation (2023)). This OFI is maintained to ensure that the action will be taken come 2023. ; General Information Operating Authority: Legal Name & Address Corporation of the City of Nagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Language Preference: Correspondence English Language Preference: Audit English Owner: Legal Name and Address Corporation of the City of Nagara Falls, 4310 Queen Street, Niagara Falls, ON L2E 6X5 Owner Language Preference: Correspondence English Owner Language Preference: Audit English Applicant Representative Information; Include Name, Title, Phone, Fax, Email & Website Jessica Blanchard Environmental Services Coordinator, City of Page 73 of 355 Page 520 of 1092 NSF International Strategic Registrations | www.nsf-isr.org 5/19/2022 Niagara Falls, (905) 356-7521 ext. 6209 Fax 905-356-6460 jblanchard@niagarafalls.c a Accreditation Option Full Scope - Entire DWQMS Date of Previous Systems Audit:May 18, 2021 Date of Previous On-Site Verification Audit:July 29 & 30, 2020 (remote audit due to pandemic) Processes Ontario's Drinking Water Quality Management Standard Version 2 Process Name Observations / Auditor Notes Processes or Activities (DWQMS)-01 Describe whether the process is effective or not (effectiveness should be supported with specific data/records/results). Include strengths & weaknesses of process: Comments of conforming elements are as below:; Element 1 - All 21 elements were addressed in the Operational Plan (OP) Rev 6. Element 2 - As described in section 2 of the OP. Element 3 - Reviewed minutes of Council Resolution approving the OP on March 19, 2019 submitted by the Top Management (Director of Public Services) vide letter ref. MW-2019- 07 dated March 19, 2019. Element 4 - The Department of Municipal Works' Environmental Services Coordinator is the QMS Rep. Element 5 - As described inb section 5 of the OP, procedure MW-ES-DWS-PRO-002-001 and MW-ES-DWS-LM-003-001. Element 6 - As described in section 6 of the OP. Element 7 - In 2021, this was carried out on Nov 25 by Jessica Blanchard, James Sticca, Mike Pullano, Jonathan Danyluck, and Mark Jamieson. Element 8 - Reviewed the risk assessment outcome table dated Nov 25, 2021 to be general conformance. Element 10 - All 31 water operators held valid competency licenses. Element 11 - As described in section 11 of the OP and MW-ES-DWS-PRO-007-001. ; Element 12 - As described in section 12 of the OP. Element 14 - Review of infrastructure adequacy was carried at the same time as the verification of assumptions used for the risk assessment. This was performed on Nov 25, 2021. Element 16 - As described in section 16 of the OP. Element 17 - As described in section 17 of the OP. Element 18 - An emergency test was carried out on November 25, 2021 attended by Jessica Blanchard, James Sticca, Mike Pullano, Mark Jamieson, Chris Scott, and Paul Tanasi. Three was noted that three scenarios were reviewed and a record of each group discussion points from each scenario was maintained, as remarked in the 2021 external audit OFI. Element 19 - Reviewed internal audit report prepared by Acclaims Environmental for their audit conducted on December 21 & 22, 2021 was reviewed to be generally conforming. Element 20 -Reviewed record of management review performed on Feb 17, 2022 to be in general conformance. Element 21 - Reviewed the spreadsheet, DWQMS Continual Improvement Initiatives to be generally conforming. For 2021, there were 15 improvement initiatives: five from NSF external audit, eight from internal audit by Acclaims, and two from own staff. Page 74 of 355 Page 521 of 1092 NSF International Strategic Registrations | www.nsf-isr.org 5/19/2022 Summary of Findings Requirement Finding 1. Quality Management System C 2. Quality Management System Policy C 3. Commitment and Endorsement C 4. Quality Management System Representative C 5. Document and Record Control C 6. Drinking-Water System C 7. Risk Assessment C 8. Risk Assessment Outcomes C 9. Organizational Structure, Roles, Responsibilities, and Authorities OFI 10. Competencies C 11. Personnel Coverage C 12. Communications C 13. Essential Supplies and Services OFI 14. Review and Provision of Infrastructure C 15. Infrastructure Maintenance, Rehabilitation & Renewal OFI 16. Sampling, Testing & Monitoring C 17. Measurement & Recording Equipment, Calibration & Maintenance C 18. Emergency Management C 19. Internal Audits C 20. Management Review C 21. Continual Improvement C Mj Major Non-Conformity. The auditor has determined one of the following: (a)a required element of the DWQMS has not been incorporated into a QMS: (b)a systemic problem with a QMS is evidenced by two or more minor conformities; or (c)a minor non-conformity identified in a corrective action request has not been remedied. Mn Minor Non-Conformity. In the opinion of the auditor, part of a required element of the DWQMS has not been incorporated satisfactorily into a QMS. OFI Opportunity for Improvement. Conforms to requirement, but there is opportunity for improvement. C Conforms to requirement. Not Applicable to this audit *Additional Comment added by auditor in the body of the report. Page 75 of 355 Page 522 of 1092 NSF International Strategic Registrations | www.nsf-isr.org 5/19/2022 Verification of CARs For Ontario's Drinking Water Quality Management Standard Version 2 Have you verified the effectiveness of all previous CARs? (List all new CAR's that you initiated in this report because you did not verify effective implementation of a previous CAR) N/A. Discuss your evaluation in detail. No CAR from the previous audit. Page 76 of 355 Page 523 of 1092 Drinking Water Quality Management Standard (DWQMS 2.0) Internal Audit Report For the period of: December 23, 2021 to December 21, 2022 For: City of Niagara Falls Water & Wastewater Services City of Niagara Falls Distribution System Conducted by: acclaims.ca Audit dates: December 16 and 21, 2022 Report date: December 23, 2022 Page 77 of 355 Page 524 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 1 of 25 1.0 Overview & Objectives Acclaims Environmental Inc. was retained to conduct an internal audit of the City of Niagara Falls’ quality management system (QMS) on December 16 and 21, 2022 to determine whether it conforms to the requirements of the Drinking Water Quality Management Standard (DWQMS 2.0); and to assess whether the QMS is effectively implemented. The internal audit was conducted with one lead auditor, Brigitte Roth of Acclaims Environmental Inc. This report summarizes the audit results in section 2.0 Audit Findings, categorizing positive findings, non- conformities and opportunities for improvement. 1.1 Risks and Opportunities The risk-based approach was used in conducting this audit; which considers risks and opportunities to ensure that the audit focuses on matters that are significant for the auditee and for achieving the audit program objectives. In any audit, potential risks can include those related to ineffective: planning / identification of external and internal issues; resources; audit team; communication; audit program implementation / monitoring / improvement; control of documented information; and availability of auditee and/or evidence. Also, opportunities can include efficiencies such as: allowing multiple audits to be conducted in a single visit; minimizing time and distances travelling to sites; matching competencies of audit team to competencies needed; and aligning audit dates with the availability of auditee’s staff. This audit was conducted remotely, using information and communications technology (ICT) for audit interviews. Potential risks in conducting audits remotely include: issues related to ICT availability / capability / reliability; auditee knowledge and familiarity with ICT; evidence presented might not be representative; and additional follow-up may be required. Opportunities in conducting this audit remotely: supports business continuity, allows for internal audits to be conducted in extraordinary times; improved efficiency with auditees' time; can follow-up with requested information. 1.2 Scope This internal audit was performed remotely, using information and communications technology (ICT). The COVID-19 pandemic response (in implementing measures to prevent the spread of th e virus) has presented unique opportunities for organizations to explore alternative approaches for business continuity. Conducting audits remotely was one of these opportunities and is a permitted practice under normal operating conditions through the pr ovince’s Municipal Drinking Water Licensing Program and through ISO 19011:2018 Guidelines for auditing management systems. The Operational Plan for the Niagara Falls Distribution System was reviewed for conformity to the DWQMS 2.0. This audit also reviewed the City of Niagara Falls’ planned processes and programs to evaluate how well QMS requirements are integrated into them. Process audits examine the resources (equipment, materials and people) used to transform the inputs into outputs, the methods (procedures and instructions) followed and the measures collected to determine process performance. Process audits check the adequacy and effectiveness of the process controls established by procedures, work instructions, training and process specificati ons. As the last internal audit was conducted on December 21-22, 2021, this audit focused on the period between December 23, 2021 and December 21, 2022. Page 78 of 355 Page 525 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 2 of 25 1.3 Methodology The audit was conducted in accordance with ISO 19011:2018 – Guidelines for auditing management systems. The list of all auditing criteria is included in Appendix “A” – Audit Plan. Appendix “B” – Interviews, Documents and Records lists persons interviewed, along with documents and processes reviewed . Appendix “C” – Audit Checklists includes the checklists used to conduct the audit. In order to conduct audits within scope, time and budgetary constraints, audit evidence is based on a sampling of processes, programs, and information available. The size of the sample selected is appropriate to the size and scale of the operation and information available. Objective evidence collected is based upon the sampling. The conclusions presented in this report are based on information presented during the internal audit. 1.4 Audit Program Monitoring and Reviewing The implementation of the audit program was monitored and, at appropriate intervals, reviewed to assess whether the objectives have been met and to identify opportunities for improvement. The results of th is review will be included in this report, if applicable. Performance indicators were used to monitor characteristics such as: − conformity with the audit program, schedules and audit objectives, − the ability to implement the audit plan, − feedback from top management, auditees, auditors and other interested parties, and − adequacy of documented information in the whole audit process. The audit program review considered: a) results and trends from monitoring, b) conformity with procedures, c) evolving needs and expectations of relevant interested parties, d) audit program records, e) alternative or new auditing methods / practices, f) effectiveness of the actions to address the risks and opportunities, and internal and external issues associated with the audit program, and g) confidentiality and information security issues relating to the audit program. Corrective actions and opportunities for improvement from the results of audit program reviews , if any, are included in the internal audit report’s section 2.0 Audit Findings. 1.5 Auditors The Lead Auditor was Brigitte Roth, who has extensive auditing experience and is a certified auditor with the Environmental Careers Organization of Canada (ECO Canada). Auditor qualifications are included in Appendix “D” – Auditor CV and Training Certificates. 1.6 Confidentiality The information gathered by Acclaims Environmental Inc. is the property of City of Niagara Falls only and will not be transmitted to any third party without the prior written consent of an authorized representative. All documents provided by the organization prior to and during the assessment are kept only for the purpose of audit review and audit report preparation. Page 79 of 355 Page 526 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 3 of 25 2.0 Audit Findings 2.1 Positive Findings The following positive audit findings were noted during the audit: Commitment - Staff interviewed were knowledgeable about their processes and programs and their roles’ impacts on achieving the commitments included in the QMS Policy. - All staff interviewed felt they had the support from management and resources they needed to carry - out their jobs well. Culture of continual improvement - Consistently throughout the audit, improvements were noted with regards to achieving intended outcomes of drinking water system processes and programs. - All opportunities for improvement identified in the previous internal and external audits have been verified as completed or are in progress. Use of technology - In-field capable technology is being deployed (e.g. iPads and new work order system, OMS) to electronically record operational, maintenance, and compliance information, optimizing staff resources. - GIS mapping of infrastructure and assets will be available on iPads in the field, and through the GIS application, assets’ information will be more readily available (instead of by address information). 2.2 Non-Conformities No non-conformities were noted during the audit. 2.3 Opportunities for Improvement The following is a list of opportunities for improvement noted in conducting this audit: Reference Opportunity for Improvement – Description Risk assessment procedure (El. 7) Consider including a link in the DWQMS Risk Assessment procedure (MW-ES- DWS-PRO-004-001) to the Ministry’s latest “Potential Hazardous Events …” document, (https://prod-environmental-registry.s3.amazonaws.com/2022- 04/2022Apr%20-%20Potential%20Hazardous%20Events%20EN.pdf) as included in “Supporting materials” of the Environment Registry of Ontario Notice #019-4855 re: Protecting the security of Ontario’s drinking water against cyberattacks. Risk assessment outcomes (El. 8) Consider updating the risk assessment matrix to include consideration of cybersecurity threats, as required by the Ministry’s latest “Potential Hazardous Events…” document updated in April 2022 through ERO Notice #019-4855. Page 80 of 355 Page 527 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 4 of 25 Reference Opportunity for Improvement – Description DWQMS + SDWA orientation (El. 10) Consider documenting the DWQMS training that takes place with existing and/or new staff (discussed with the QMS Rep that Niagara Region’s course on the DWQMS & SDWA could help address this requirement as well). Communications with vendors of essential supplies & services (El. 12/13) Consider updating the DWQMS Vendor Acknowledgement Form to reference the key requirements from the package – with sign-off stating they’ve read and understand the requirements and will ensure compliance with these (by the owner or any other team member in care and control of the activity(ies)). Risk-based programs (El. 8/15) Consider identifying highest risk service connections with industrial, commercial and institutional end users (e.g. car washes, funeral homes, anything 1.5” service connection or greater, and including every city facility) for targeted backflow prevention by-law and program implementation. 3.0 Conclusions The results of the internal audit performed for the City of Niagara Falls regarding the City of Niagara Falls Distribution System confirm that the quality management system established is effective in conforming with the requirements of the Drinking Water Quality Management Standard (DWQMS 2.0). While opportunities for improvement are cited in this audit report, they do not undermine the positive programs and attitudes already in place among City of Niagara Falls staff. Brigitte Roth, BES, EP(EMSLA) Page 81 of 355 Page 528 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 5 of 25 Appendix “A” – Audit Plan Internal Audit Start Date: December 16, 2022 Internal Audit End Date: December 21, 2022 Date Time Auditor Auditee Process / Program DWQMS Element – Standard and version: DWQMS 2.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12-16 8:00 – 4:00 BR Doc. Info. Desktop review x x x x x x x x x x x x x x x x x x x x x 12-21 8:00 BR ALL Opening Meeting x x x 12-21 8:30 BR AA Top Management responsibilities x x x x x x x x x x x x x x x 12-21 9:30 BR JB QMS Representative responsibilities x x x x x x x x x x x x x 12-21 10:30 BR MP Water Distribution O&M x x x x x x x x x x x x x x x 12-21 1:00 BR Staff lists, photos + OWWCO Operator Certification & Training x x x x x x x x x x x x x x x x 12-21 2:00 BR EN Top Management responsibilities x x x x x x x x x x x x x x x 12-21 2:30 BR ALL Closing Meeting x x x Legend for QMS Elements: 1-Quality Management System, 2-Quality Management System Policy, 3-Commitment and Endorsement, 4-QMS Representative, 5-Document and Records Control, 6-Drinking Water System, 7-Risk Assessment, 8-Risk Assessment Outcomes, 9-Organizational Structure, Roles, Responsibilities and Authorities, 10-Competencies, 11-Personnel Coverage, 12-Communications, 13- Essential Supplies and Services, 14-Review and Provision of Infrastructure, 15-Infrastructure Maintenance, Rehabilitation and Renewal, 16-Sampling, Testing and Monitoring, 17-Measurement and Recording Equipment Calibration and Maintenance, 18-Emergency Management, 19-Internal Audits, 20-Management Review, 21-Continual Improvement Auditee initials: AA-Adam Allcock, JB-Jessica Blanchard (with interview notes in DWQMS checklist), MP-Mike Pullano, EN-Erik Nickel (with interview notes in DWQMS checklist), ALL- anyone interested Page 82 of 355Page 529 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 6 of 25 Appendix “B” – Documents and Records The list of documents and records were reviewed and observations made during the audit include: − City of Niagara Falls staff interviews December 21, 2022 (organized by last name): o Adam Allcock, Senior Manager W&WW Services o Jessica Blanchard, W&WW Services Coordinator (interview notes in DWQMS checklist) o Eric Nickel, General Manager of Municipal Works / City Engineer (interview notes in DWQMS checklist) o Mike Pullano, Water & Wastewater Services Supervisor/ORO − City of Niagara Falls Water Distribution System Operational Plan (MW-ES-DWS-OP-001-001), dated February 2022 − DWQMS information available at: https://niagarafalls.ca/city-hall/municipal-works/drinking-water.aspx, accessed on December 16, 2022 − OP s.2.0 Quality Management System Policy − Environmental Services and Water Services mission statements at Niagara Falls’ webpage, Drinking Water Quality Management System (DWQMS) | City of Niagara Falls, Canada, accessed on December 16, 2022 − OP s.3.0 Commitment and Endorsement − City Council Meeting Minutes, dated March 19, 2019 re: written owner endorsement (report no. MW -2019-07) − OP s.4.0 Quality Management System Representative − OP s.5.0 Document and Records Control − DWQMS Control of Documents (MW-ES-DWS-PRO-002-001), dated August 2018 − DWQMS Control of Records (MW-ES-DWS-PRO-003-001), dated August 2018 − DWQMS Document Control Matrix (MW-ES-DWS-LM-002-001, Rev. 13) − DWQMS Record Control Matrix (MW-ES-DWS-LM-003-001, Rev. 7) − OP s.6.0 Drinking Water System − OP s.7.0 Risk Assessment − DWQMS Risk Assessment procedure (MW-ES-DWS-PRO-004-001), dated February 2020 − OP s.8.0 Risk Assessment Outcomes − DWQMS Risk Assessment Matrix (MW-WWW-DWS-FRM-004-001), dated November 29, 2022 − 2022 Risk Assessment minutes, dated November 25, 2022 − OP s.9.0 Organizational Structure, Roles, Responsibilities and Authorities − DWQMS Roles, Responsibilities & Authorities (MW-ES-DWS-LM-005-001), dated May 2022 − OP s.10.0 Competencies − DWQMS Competencies and Training (MW-ES-DWS-PRO-006-001) dated August 2018 − DWQMS Competencies Matrix (MW-ES-DWS-LM-006-001) − DWQMS Awareness Training (MW-ES-DWS-PRO-006-002) − photographs of Distribution Operators’ Certificates − City of Niagara Falls’ Operator List − OWWCO’s operator listing at https://owwco.ca/operator-listing-report/ − OP s.11.0 Personnel Coverage − DWQMS Personnel Coverage (MW-ES-DWS-PRO-007-001), dated September 2018 − OP s.12.0 Communications Page 83 of 355 Page 530 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 7 of 25 − DWQMS Communications (MW-ES-DWS-PRO-008-001), dated August 2018 − OP s.13.0 Essential Supplies and Services − DWQMS Essential Supplies and Services procedure (MW-ES-DWS-PRO-009-001), dated August 2018 − List of Essential DWS Supplies and Services (MW-WWW-DWS-LM-009-001, Rev. 11) − OP s.14.0 Review and Provision of Infrastructure − DWQMS Review and Provision of Infrastructure (MW-ES-DWS-PRO-010-001), dated August 2018 − 2022 Infrastructure Review minutes, dated August 18, 2022 − OP s.15.0 Infrastructure Maintenance, Rehabilitation and Renewal. Table 15-1: DWS Infrastructure Maintenance Programs − OP s.16.0 Sampling, Testing and Monitoring − DWQMS Sampling, Testing and Monitoring procedure (MW-ES-DWS-PRO-012-001), dated August 2018 − 2022 Sample Calendar (MW-ES-DWS-VIS-012-005) − OP s.17.0 Measurement and Recording Equipment Calibration and Maintenance − DWQMS Measurement and Record Equipment Calibration and Maintenance (MW-WWW-DWS-PRO-013-001), dated September 2022 − DPD Free Chlorine Reagents (Lot A2146) expire June 2027 − SpecCheck DPD-Chlorine-LR Secondary Standard (Lot A2010) expire February 2024 − Instrument List − Verification of Equipment Accuracy records by Pure Water Supplies, dated February 2 and 10, 2022 − OP s.18.0 Emergency Management − Emergency Management (MW-ES-DWS-PRO-014-001), dated September 2018 − Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001) (Rev. 11) − Emergency Response Training meeting minutes, dated November 18, 2022 − OP s.19.0 Internal Audits − DWQMS Internal Auditing (MW-ES-DWS-PRO-015-001), dated September 2018 − 2022 Surveillance Audit Report by NSF-ISR for audit on May 10, 2022 − 2021 Internal Audit Report by Acclaims Environmental Inc., dated December 24, 2021 − OP s.20.0 Management Review − DWQMS Management Review (MW-ES-DWS-PRO-016-001), dated September 2018 − DWQMS 2021 Management Review Meeting Minutes, dated February 16, 2022 − DWQMS Management Review 2021 Report − City of Niagara Falls’ City Council Meeting, re: Drinking Water System Summary Report and Overview, dated March 22, 2022 − Drinking Water System Report and Overview Report (MW-2022-15), dated March 22, 2022 − OP s. 21.0 Continual Improvement − DWQMS Preventive & Corrective Action (MW-ES-DWS-PRO-017-001), dated September 2018 − DWQMS Preventive / Corrective Action Request (PAR) form (MW-ES-DWS-FRM-017-001) − 2021, 2022 Continual Improvement Tracking spreadsheets Page 84 of 355 Page 531 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 8 of 25 Appendix “C” – Audit Checklists DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) 1. Quality Management System (QMS) PLAN – The OP shall document a QMS that meets the requirements of this Standard. DO – The OA shall establish and maintain the QMS in accordance with the requirements of this Standard and the policies and procedures documented in the OP. Director’s Directions – Minimum Requirements for Operational Plans (updated May 2021, no later than April 1, 2022) also specifies: - Each municipal residential drinking water system shall have OP’s that apply to all parts of the DWS, that can incorporate by reference other documents deemed necessary by the owner or OA. - A single OP may be prepared for multiple DWS that have same owner and operated by same OA. - For Limited Scope – Transitional (if applicable), shall contain Schedule B parts of DWQMS PLAN. - All OP’s shall have: a. procedure for version control – ensuring version # and/or revision date on every page of any physical copy; version # and/or revision date recorded on or otherwise embedded in every electronic copy; or if in separate files, up-to-date list or index maintained of all OP documents, including version #’s and dates. b. a title that generally describes the municipal DWS(‘s) to which the OP’s apply. c. A completed copy of Subject System Description Form in Schedule “C” that includes name of DWS’s, MDWL #’s, operational subsystem to which plans apply - OP’s submitted to Director shall be submitted electronically as a single file in PDF or other format acceptable to the Director; and be copied to the OA in charge of the DWS, if the OA is not the owner. - OP’s subject to an audit by an accreditation auditor shall be retained for a minimum of 10 years by the owner of the OP’s and the accredited OA. Owners shall make OP’s current version (hard copy) or reflecting “major revision” (electronic on website) of available for viewing by the public – at principal office of owner within the area served by the DWS and/or on a website that is accessible to the public (but not any part that could threaten H&S of an individual or safety and quality of drinking water, competitive position, or trade secrets, etc.) Reviewed the City of Niagara Falls Water Distribution System Operational Plan (MW-ES-DWS-OP-001-001), dated February 2022. Confirmed documented information meets the requirements of the DWQMS with supporting information provided in each of the sections of this checklist. The documented QMS conforms to the requirements of the standard with noted positive audit findings (POS), non- conformities (NC’s) and opportunities for improvement (OFI’s) within the designated areas of this checklist. Confirmed the following are met regarding Director’s Directions: - A single operational plan, - Procedure for version control with revision number and date on every page (in electronic copy) - Title page describes the City of Niagara Falls Distribution System - Subject System Description form included in s.22.0 - DWQMS information available at: https://niagarafalls.ca/city-hall/municipal-works/drinking-water.aspx, accessed on December 16, 2022 states the OP is available at City Hall or Municipal Service Centre. 2. QMS Policy PLAN – The OP shall document a QMS Policy that provides the foundation for the QMS, and: a) includes a commitment to the maintenance and continual improvement of the QMS, b) includes a commitment to the Consumer to provide safe drinking water, c) includes a commitment to comply with applicable legislation and regulations, and d) is in a form that can be communicated to all OA personnel, the Owner and the Public. DO – The OA shall establish and maintain a QMS that is consistent with the QMS Policy. OP s.2.0 Quality Management System Policy and the Environmental Services and Water Services mission statements at Niagara Falls’ webpage, Drinking Water Quality Management System (DWQMS) | City of Niagara Falls, Canada, accessed on December 16, 2022 that applies to both Water and Wastewater Operations. It states that Niagara Falls’ Environmental Services strives to protect human health, environment and public property in the City of Niagara Falls, in compliance with legislation and regulations and in an efficient, effective manner. It outlines that Water Services’ mission is to provide a reliable and dependable DWS delivering safe and clean potable water and maintaining and continuously improving the City’s DWQMS. Erik: role as Director – ensure adequate resources, advocate for budget, ensure safe drinking water to resident – is a council priority. Ensure team is well-supported in budget, training, equipment – everything and anything needed – to advocate through SMT and council. 3. Commitment and Endorsement PLAN – The OP shall contain a written endorsement of its contents by Top Management and the Owner. DO – Top Management shall provide evidence of its commitment to an effective QMS by: a) ensuring that a QMS is in place that meets the requirements of this Standard, b) ensuring that the OA is aware of all applicable legislative and regulatory requirements, c) communicating the QMS according to the procedure for communications, d) determining, obtaining or providing the resources needed to maintain and continually improve the QMS. OP s.3.0 Commitment and Endorsement describes that the OP has been reviewed and approved by the City of Niagara Falls’ Mayor, Council, and Top Management. Viewed the City Council Meeting Minutes, dated March 19, 2019 re: written owner endorsement (report no. MW-2019- 07) – recommending that City Council, as Owners of the Niagara Falls Water Distribution System, endorse the Drinking Water Quality Management System Operational Plan (along with authorizing staff to renew the MDWL and for council to receive the latest A&S Report and DWQMS Management Review). Discussed with QMS Rep – planning SOC and endorsement in March 2023 (by end) – 2nd week or 4th week of March – all in one session. SOC with regular information in the package (Adam will speak to the package information provided in the presentation and invite Niagara Falls council members to attend Niagara Region’s SOC session planned). May also schedule a WCWC session. Consider linking the Ministry’s “Taking Care of Your Drinking Water…” guide. Page 85 of 355Page 532 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 9 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) Note: An example of a DWS-specific standard of care session (presented in 2019) is available at council_agenda_011419.pdf (guelph.ca)). Erik: so far, orientation briefing – provided some slides for a meeting with council – introduced re: decision-maker responsibility re: SDWA s.19 – could host a separate session, and can participate in the Region-led SOC session. Willing to host further education session – 3 of 9 new councillors. Encourage to attend the Region’s session, or one-on- one session if needed. 4. QMS Representative PLAN – The OP shall identify a QMS representative. DO – Top Management shall appoint and authorize a QMS representative who, irrespective of other responsibilities, shall: a) administer the QMS by ensuring that processes and procedures needed for the QMS are established and maintained, b) report to Top Management on the performance of the QMS and any need for improvement, c) ensure that current versions of documents required by the QMS are being used at all times, d) ensure that personnel are aware of all applicable legislative and regulatory requirements that pertain to their duties for the operation of the Subject System, and e) promote awareness of the QMS throughout the OA. OP s.4.0 Quality Management System Representative identifies the Municipal Works’ Environmental Services Coordinator as the QMS Representative. Includes the required responsibilities. 5. Document and Records Control PLAN – The OP shall document a procedure for Document and Records control that describes how: a) Documents required by QMS are: i. kept current, legible and readily identifiable ii. retrievable iii. stored, protected, retained and disposed of, and b) Records required by the QMS are: i. kept legible, and readily identifiable ii. retrievable iii. stored, protected, retained and disposed of. DO – The OA shall implement and conform to the procedure for Document and Records control and shall ensure that QMS documentation for the Subject System includes: a) the OP and its associated policies and procedures, b) Documents and Records determined by the OA as being needed to ensure the effective planning, operation and control of its operations, and c) the results of internal and external Audits and management reviews. OP s.5.0 Document and Records Control describes the procedure for controlling documents and records and references: procedures included in Appendix A, unique numbering system, master copies of documentation are signed by the document author and the final approver, addresses protection from damage, deterioration and unintended circulation, disposal of old master hard copies and archival of soft copies. Access is provided through the common drive folder in read-only format, Coordinator prints the required number of copies of documents and distribute as required. “OBSOLETE” is marked on obsolete versions, removed from circulation and archived or shredded. DWQMS Control of Documents (MW-ES-DWS-PRO-002-001), dated August 2018 describes how controlled documents are formatted (per document template or visual aids include title and document number – making them identifiable) and electronic documents (addressing legibility) listed in the Document Control Matrix with file naming convention standardized. The procedure describes the document creation, review (for currency) and approval processes and also describes how electronic and hard copy documents are distributed (for retrievability), protected and disposed-of (e.g. when documents are obsolete). DWQMS Control of Records (MW-ES-DWS-PRO-003-001), dated August 2018 describes how records are kept legible, readily identifiable, how they’re stored (hard copy or electronic), protected from damage, deterioration and loss, retrievable to those who required access. The DWQMS Record Control Matrix lists records by their names, their minimum retention times, and how they’re organized (for retrievability). Once minimum retention times are reached, they are destroyed after minimum retention times have lapsed. DWQMS Document Control Matrix (MW-ES-DWS-LM-002-001, Rev. 13) identifies the document name, document number, master location (electronic), distribution location(s), current revision number, date last revised, next review date, document author, document approver, notes. DWQMS Record Control Matrix (MW-ES-DWS-LM-003-001, Rev. 7) identifies the record names, origin, form of storage, master location, minimum retention time, responsible person, and disposal method. 6. Drinking Water System (DWS) PLAN – The OP shall document, as applicable: a) for the Subject System: i. the name of the Owner and OA, ii. if the system includes equipment that provides Primary Disinfection and/or Secondary Disinfection: A. a description of the system including all applicable Treatment System processes and Distribution System components, B. a Treatment System process flow chart, C. a description of the water source, including: OP s.6.0 Drinking Water System describes the owner and operating authority (Niagara Falls); and that water treatment is provided by Niagara Region from the Niagara Falls WTP. It describes that Niagara Falls has approximately 35,000 households and 92,069 residents (based on 2021 Census information). 485 kms of city-owned and 50 kms of region-owned mains. This section references the Memorandum of Understanding – Water Servicing which outlines ownership of infrastructure, and requirements for: supply, maintenance, water quality, emergency response between Niagara Region and the City of Niagara Falls. Page 86 of 355Page 533 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 10 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) I. general characteristics of the raw water supply, II. common event-driven fluctuations, and III. any resulting operational challenges and threats. iii. if the system does not include equipment that provides Primary Disinfection or Secondary Disinfection: A. a description of the system including all Distribution System components, and B. a description of any procedures that are in place to maintain disinfection residuals. b) if the Subject System is an Operational Subsystem, a summary description of the Municipal Residential Drinking Water System it is a part of including the name of the OA(OA’s) for the other Operational Subsystems. c) if the Subject System is connected to one or more other Drinking Water Systems owned by different Owners, a summary description of those systems which: i. indicates whether the Subject System obtains water from or supplies water to those systems, ii. names the Owner and OA(OA’s) of those systems, and iii. identifies which, if any, of those systems that the Subject System obtains water from are relied upon to ensure the provision of safe drinking water. DO – The OA shall ensure that the description of the Drinking Water System is kept current. The distribution system is described (e.g. number of connections / residents, km’s of watermains (city-owned vs. region- owned). Noted reference to chlorine residual maintenance (under common event-driven fluctuations section). Noted this section is kept current with updated population information and details on kms of city-owned vs. region- owned watermains. 7. Risk Assessment PLAN – The OP shall document a risk assessment process that: a) Considers potential hazardous events and associated hazards, as identified in MOECC document titled Potential Hazardous Events for Municipal Residential Drinking Water Systems, dated February 2017 as it may be amended. A copy of this document is available at www.ontario.ca/drinkingwater. b) ID’s additional potential hazardous events & associated hazards, c) assesses the risks assoc. w/ the occurrence of hazardous events, d) ranks the hazardous events according to the associated risk, e) identifies control measures to address the potential hazards and hazardous events, f) identifies Critical Control Points, g) identifies a method to verify, at least once every calendar year, the currency of the information and the validity of the assumptions used in the risk assessment, h) ensures that the risks are assessed at least once every thirty-six months, and i) considers the reliability and redundancy of equipment. DO – The OA shall perform a risk assessment consistent with the documented process. OP s.7.0 Risk Assessment references DWQMS Risk Assessment procedure (MW-ES-DWS-PRO-004-001), dated February 2020 that describes the process for completing the risk assessment including the criteria (likelihood, consequence, detectability ratings) for conducting the risk assessment. Risk ratings are multiplied. Section 4.6 of the procedure includes a CCP decision flow chart is included that helps determine if a risk is a critical control point. It also includes a statement that minimum CCP’s relate to primary, secondary disinfection as outlined in O. Reg. 170/03 and the PDDW. For Niagara Falls, this is chlorine residual at a minimum. Noted updates including the reference to the Ministry’s “Potential Hazardous Events…” document and “once every thirty-six months” references. OFI: Consider including a hyperlink in the DWQMS Risk Assessment procedure (MW-ES-DWS-PRO-004-001) to the Ministry’s latest “Potential Hazardous Events …” document, (https://prod-environmental- registry.s3.amazonaws.com/2022-04/2022Apr%20-%20Potential%20Hazardous%20Events%20EN.pdf) as included in “Supporting materials” of the Environment Registry of Ontario Notice #019-4855 re: Protecting the security of Ontario’s drinking water against cyberattacks. Erik: highest system risks – HIRA (fire and emergency services prepare) – emergency control group participation – pandemic response increased in the HIRA, backflow events, weather events that limit ability to provide service (control over these issues, still need to maintain service levels in weather-related emergency events). Communications and technology concerns – e.g. cyberattack… working with corporate services, cyber insurance (protections in place re: network – to get cyber insurance) 8. Risk Assessment Outcomes PLAN – The OP shall document: a) the identified potential hazardous events and associated hazards, b) the assessed risks associated with the occurrence of hazardous events, c) the ranked hazardous events, d) the identified control measures to address the potential hazards and hazardous events, e) the identified Critical Control Points and their respective Critical Control Limits, f) procedures and/or processes to monitor the Critical Control Limits, g) procedures to respond to deviations from the Critical Control Limits, and h) procedures for reporting and recording deviations from the Critical Control Limits. DO – The OA shall implement and conform to the procedures. OP s.8.0 Risk Assessment Outcomes links to DWQMS Risk Assessment Matrix (MW-WWW-DWS-FRM-004-001), dated November 29, 2022. Cybersecurity threats were not considered as part of the latest risk assessment. OFI: Consider updating the risk assessment matrix to include consideration of cybersecurity threats, as required by the Ministry’s latest “Potential Hazardous Events…” document updated in April 2022 through ERO Notice #019-4855. Reviewed the 2022 Risk Assessment minutes, dated November 25, 2022 with Adam Allcock, Sean Escandon, Chris Scott, Andrew Carruthers, Mike Pullano, Jessica Blanchard and Joe Gugliotta. Thorough risk assessment update minutes are kept, providing explanations for the rating changes and actions planned to address various risks / changing risks identified. CCP’s identified related to watermain disinfection (re: breaks, biofilms, new connections, dead ends, warmer temps), chemical contamination in distribution (THM’s, HAA’s, turbidity, terrorism/vandalism), cross-connection and backflow prevention (in distribution system, from private services, city-owned facilities, private sprinkler systems, unauthorized consumption, private hydrants), loss of water supply (e.g. frozen mains / services). Page 87 of 355Page 534 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 11 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) CCL response procedures referenced in OP s.8.0 (Note: except highlighted, not in list but appears in Appendix C folder) include: Watermain Break Repair; [Water Service – Scheduled and Emergency Repair/Replacement]; Winter Inspection – Black Ring Hydrants; Hydrant – Inspection, Flushing, Repair; Hydrant – Painting; Hydrant – Thawing Frozen Hydrants; Microbiological Sampling – Weekly Sampling; Microbiological Sampling – Main Break Site; Adverse Water Quality Incident Reporting; Chlorine Residual Sampling; Lead Sampling; Suspected Backflow or Cross Connection. 9. Org. Structure, Roles, Responsibilities and Authorities PLAN – The OP shall: a) describe the organizational structure of the OA including respective roles, responsibilities and authorities, b) delineate corporate oversight roles, responsibilities, authorities in the case where the OA operates multiple Subject Systems, c) identify the person, persons or group of people within the management structure of the org. responsible for undertaking the Management Review described in Element 20, d) identify the person, persons or group of people, having Top Management responsibilities required by this Standard, along with their responsibilities, & e) identify the Owner of the Subject System. DO – The OA shall keep current the description of the organizational structure including respective roles, responsibilities and authorities, and shall communicate this information to OA personnel and the Owner. OP s.9.0 Organizational Structure, Roles, Responsibilities and Authorities which describes Owner and Operating Authority relationships; includes identification of top management and QMS Representative. The organization chart includes the following positions: Owner (mayor and council and CAO), Top Management (Director of Municipal Works), Manager of Environmental Services, QMS Rep (Environmental Services Coordinator), Environmental Services Supervisor/ORO, Environmental Services Supervisors, Environmental Services Water Operations Staff. Confirmed with QMS Representative that the division name is Water & Wastewater Services. DWQMS Roles, Responsibilities & Authorities (MW-ES-DWS-LM-005-001), dated May 2022 outlines key positions (e.g. Owner (Mayor & Council); CAO; Top Management (Director of Municipal Works); Manager, Water & Wastewater; QMS Rep (Environmental Services Coordinator); Environmental Services Supervisor/ORO; Environmental Services Supervisors; Environmental Services Lead Hand; Environmental Services Operations Staff; Asset & Infrastructure Manager; Engineering Staff, Department of Municipal Works; Environmental Services Records Clerk; Service Centre Front Office Staff. Erik: Organizational changes – GM title – Director roles – future opportunity for Director of Operations – adding to SMT serving both roads and W&WW divisions. Rebranding of Water & Wastewater – growing in meter tech and backflow prevention areas – revenue protection and water quality protection – water distribution growing with asset management portfolio…and aging infrastructure 10. Competencies PLAN – The OP shall document: a) competencies required for personnel performing duties directly affecting drinking water quality, b) activities to develop and/or maintain competencies for personnel performing duties directly affecting drinking water quality, and c) activities to ensure that personnel are aware of the relevance of their duties and how they affect safe drinking water. DO – The OA shall undertake activities to: a) meet and maintain competencies for personnel directly affecting drinking water quality and shall maintain records of these activities, and b) ensure that personnel are aware of the relevance of their duties and how they affect safe drinking water and shall maintain records of these activities. OP s.10.0 Competencies references the DWQMS Competencies and Training (MW-ES-DWS-PRO-006-001) dated August 2018 that describes the procedure for planning training (course calendars reviewed form providers, selected based on location, CEU and OTJ requirements, considering operators’ certificate expiry dates, #CEU’s and OTJ hrs required), scheduling (min. 3 weeks ahead of time to ensure availability and personnel coverage), tracking of training for certified operators (by ES Coord in InfoHR, training binders for each operator). QMS Rep plans / schedules training with Operators’ input and maintains records of operator training (OTJ hrs and CEU- accredited). Confirmed OTJ / CEU hours are based on class of system, confirmed “annual hours” are planned each year (e.g. safety meetings, tutorials for on-the-job, CEU’s aim for 1.2 each year – 2 x 0.7 CEU courses per year). The DWQMS Competencies Matrix (MW-ES-DWS-LM-006-001) lists required and desired competencies for roles identified on the organization chart (e.g. top management; QMS Rep; ORO; Supervisor) and includes Director of Municipal Works (member of top management), Municipal Works Operations Superintendent, Environmental Services Manager, Environmental Services Coordinator (QMS Rep), Environmental Services Supervisor / ORO, Environmental Services Supervisor, and Water Operations Team, including: Environmental Services Lead Hand, Underground Service Operator, DWS OIT’s, Water Meter Repairer, Plumber, Environmental Services Maintainer. DWQMS Awareness Training (MW-ES-DWS-PRO-006-002) describes the awareness straining for the DWQMS takes place at least once every three years and for new staff members, within the first 6 months of employment within the Environmental Services Division. It also states DWQMS and MDWL program training for successful bidders on capital projects is completed prior to any water work commencing on a capital project (ensuring awareness of SDWA and contractor’s roles / responsibilities under the Act). QMS Rep discussion – in supervisor meetings, “safety meeting” covers high-level overview of QMS, and element- specific as applicable to each person and their area of responsibility. Engineering division provides all bidders with packages and contracts – where they are made aware of the MDWL and SDWA requirements. OFI: Consider documenting the DWQMS training that takes place with existing and/or new staff (discussed with the QMS Rep that Niagara Region’s course on the DWQMS & SDWA could help address this requirement as well). Page 88 of 355Page 535 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 12 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) Viewed photographs of Distribution Operators’ Certificates posted at the facility, cross-referenced with the City of Niagara Falls’ Operator List and OWWCO’s operator listing at https://owwco.ca/operator-listing-report/: - Adam Allcock, OP ID #90018493, WD IV (Cert. #53454), expiring April 30, 2024 (not posted) - Arkaduisz Bednarczyk, OP ID #90025650, WD II (Cert. #49571), expiring April 30, 2024 - Daniel Bellamy, OP ID #90069610, WD I (Cert. #90229), expiring July 31, 2024 - Jessica Blanchard, OP ID #90018051 WD I (Cert. #16509), expiring October 31, 2023 - John Brough, OP ID #90050699, WD I (Cert. #49081), expiring October 31, 2024 - Andrew Carruthers, OP ID #90056012, WD II (Cert. #62153), expiring May 31, 2024 - Josh Caughell, OP ID #90084157, WS OIT (Cert. #OT98398), expiring August 31, 2023 (not posted) - Joseph Cerminara, OP ID #90050639, WD II (Cert. #18287), expiring April 30, 2024 - Jonathan Danyluck, OP ID #90062035, WD II (Cert. #79704), expiring September 30, 2024 - Sean Escandon, OP ID #90083992, WD II (Cert. #109142), expiring September 30, 2024 - Peter Gagliardi, OP ID #90080148, WD I (Cert. #105706), expiring June 30, 2025 - Joseph Gugliotta, OP ID #90056014, WD II (Cert. #67476), expiring December 31, 2023 - Scott Harman, OP ID #90055425, WD I (Cert. #71202), expiring November 30, 2023 - Mark Jamieson, OP ID #90074008, WD II (Cert. #94387), expiring January 31, 2023 (now at Welland) - Kevin Kotska, OP ID #90085830, WD I (Cert. #109147), expiring February 28, 2023 (renewing, have hrs) - Michael Lombardi, OP ID #90067668, WD I, (Cert. #94388), expiring August 31, 2025 - Dave MacLean, OP ID #90056384, WD I (Cert. #67310), expiring August 31, 2025 - Matthew Macwhirter, OP ID #90085796, WD I (Cert. #114834), expiring July 31, 2024 - Stevan Manojlovic, OP ID #90080348, WD II (Cert. #103157), expiring October 31, 2023 - Christopher McRae, OP ID #90055427, WD I (Cert. #71127), expiring January 31, 2024 - Sam Mirabelli, OP ID #90086886, WD I (Cert. #116947), expiring March 31, 2025 - Wil Miresse, OP ID #90092418, WS OIT (Cert. # xxx), expiring December 31, 2025 (sent for certificate) - Louie Mitchell, OP ID #90051089, WS OIT (Cert. #OT73497), expiring November 30, 2023 - Michael Newport, OP ID #90082746, WD I (Cert. #118145), expiring May 31, 2025 - Joseph Panucci, OP ID #90077375, WD I (Cert. #101138), expiring June 30, 2024 - Anthony Provenzano, OP ID #90080327, WD I (Cert. #101743), expiring July 31, 2024 - Michael Pullano, OP ID #90051517, WD II (Cert. #50210), expiring May 31, 2024 - Paul Radolli, OP ID #90074007, WD I (Cert. #118975), expiring August 31, 2025 - Chris Scott, OP ID #90056385, WD I (Cert. #73566), expiring March 31, 2024 - David Stevens, OP ID #90057292, WD I (Cert. #119287), expiring September 30, 2025 - Eugene St. Onge, OP ID #90055522, WD I (Cert. #68084), expiring October 31, 2025 - Wil Storm, OP ID #90082445, WD I (Cert. #105294), expiring May 31, 2025 - Paul Tanasi, OP ID #90062416, WD I (Cert. #90899), expiring September 30, 2024 - Louis Vendramin, OP ID #90023588, WD I (Cert. #76683), expiring June 30, 2024 - Jeremy C. Vokey, OP ID #90083367, WD I (Cert. #109754) expiring March 31, 2023 - Daniel Weems, OP ID #90082256, WD I (Cert. #116543), expiring January 31, 2025 11. Personnel Coverage PLAN – The OP shall document a procedure to ensure that sufficient personnel meeting identified competencies are available for duties that directly affect drinking water quality. DO – The OA shall implement and conform to the procedure. OP s.11.0 Personnel Coverage references DWQMS Personnel Coverage (MW-ES-DWS-PRO-007-001), dated September 2018 that describes responsibilities (including those described in O. Reg. 128/04) for: Top Management, QMS Rep, ORO, OIC, Operator, OIT; shift assignments, on-call rotation; staff coverage for off-site locations and in labour disruptions. Supervisors also have Operator Certifications to cover whenever needed. 12. Communications PLAN – The OP shall document a procedure for communications that describes how the relevant aspects of the QMS are communicated between Top Management and: a) the Owner, b) OA personnel, c) Suppliers that have been identified as essential under Plan (a) of Element 13 of this Standard, and d) the Public. DO – The OA shall implement and conform to the procedure. OP s.12.0 Communications references DWQMS Communications (MW-ES-DWS-PRO-008-001), dated August 2018. Communications with Owner take place through council meetings, COW meetings, reports (re: Infrastructure Reviews, audit findings, Management Reviews, financial plan); with staff verbally, in writing, through procedures, awareness training, meetings, through audit results; with vendors through the Manager of Environmental Services and via the procurement process, and with the annual evaluations of vendors; and with the public through the website and media releases. The DWQMS Communications procedure also describes communications with the accreditation body and the MECP. Page 89 of 355Page 536 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 13 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) Erik: high-level communications – communicating when there are concerns from political level or customer service level – if resident / customer not happy; bi-weekly updates with Adam, check-in on initiatives and concerns. Annual report – adding more information (more than MECP and audit results), hoping to ID KPI’s re: water loss and watermain breaks 13. Essential Supplies and Services PLAN – The OP shall: a) identify all supplies and services essential for the delivery of safe drinking water and shall state, for each supply or service, the means to ensure its procurement, and b) include a procedure by which the OA ensures the quality of essential supplies and services, in as much as they may affect drinking water quality. DO – The OA shall implement and conform to the procedure. OP s.13.0 Essential Supplies and Services references DWQMS Essential Supplies and Services procedure (MW-ES- DWS-PRO-009-001), dated August 2018 that describes how a DWS supply or service is deemed “essential” (essential for the safe delivery of water or related to disinfection of drinking water or drinking water infrastructure). References the List of Essential DWS Supplies and Services (MW-WWW-DWS-LM-009-001, Rev. 11), which includes water supply, disinfection and dechlorination, sampling, testing and calibration, new construction, maintenance & repair, parts providers. Primary vendors are identified along with alternates (where available) – specifying modes of delivery, desired inventory levels / reordering thresholds, and minimum quality requirements for each essential supply or service. All essential suppliers MUST complete a DWQMS Vendor Acknowledgement (MW-ES-DWS-FRM-009-001) indicating they have received appropriate training / information and are aware of their potential impacts on the safety of drinking water. A QA Review of essential supplies and services is undertaken at minimum once per year (conducted by the QMS Rep). Vendor non-conformances may be issued to DWS Vendors as per the DWQMS Preventive and Corrective Action (MW-ES-DWS-PRO-017-001). Discussion with QMS Rep: vendor acknowledgement forms form part of the packages that go out to vendors / contractors that go out – all components included (e.g. MDWL AWWA/ANSI NSF 60, NSF 61, etc. and SDWA requirements). OFI: Consider updating the DWQMS Vendor Acknowledgement Form to reference the key requirements from the package – with sign-off stating they’ve read and understand the requirements and will ensure compliance with these (by the owner or any other team member in care and control of the activity(ies)). 14. Review and Provision of Infrastructure PLAN – The OP shall document a procedure for reviewing the adequacy of the infrastructure necessary to operate and maintain the Subject System that: a) Considers the outcomes of the risk assessment documented under Element 8, and b) Ensures that the adequacy of the infrastructure necessary to operate and maintain the Subject System is reviewed at least once every Calendar Year. DO – The OA shall implement and conform to the procedure and communicate the findings of the review to the Owner. OP s.14.0 Review and Provision of Infrastructure references DWQMS Review and Provision of Infrastructure (MW-ES- DWS-PRO-010-001), dated August 2018 that describes the DWS infrastructure review process (that involves compiling and reviewing background material (e.g. 10-year watermain and water system sustainability forecast, watermain break data, watermain replacement work list, residuals, flows, etc.), assemble the DWS infrastructure review team (e.g. Infrastructure & Asset Mgr., Environmental Services Manager, Environmental Services Supervisors, Environmental Services Coordinator), conducting the annual infrastructure reviews (min. annually, review previous year’s operational history, proposed rehab plans, infrastructure considerations), revising associated documentation and reporting to council (DWS Infrastructure Review Report leading to budget preparations). OP s.14.0 also links to the Municipal Works Asset & Infrastructure Report that is prepared once every calendar year for the owner – as is the DWS Infrastructure Review Report. 2022 Infrastructure Review minutes, dated August 18, 2022 describe items covered: review short- and long-term infrastructure needs, consider outcomes of 2021 DWQMS Risk Assessment, review OFI’s in 2021 internal audit and 2022 accreditation audit as related to infrastructure, maintenance, rehab and renewal, continued development of 2022 capital and 10-year capital plan. Attended by Mgr. Engineering, Infrastructure and Asset Manager, Asset Mgmt Program Supervisor, Mgr. of Water & Wastewater Services, and Water & Wastewater Services Coordinator. Aspects of risk assessment outcomes discussed at the Infrastructure Review meeting included: - Criticality of a certain main segment for priority replacement (confirmed with operational staff) - Impacts to users by the north capped watermain on Portage @ Hwy 420 – tentative project to loop to address water quality concerns - Updated Regional Capital Works list - Prove out Whirpool Road and area valves for tentative decommissioning of this portion of main - RFQ for Willoughby renewal project - Water quality from the elevated tank in system – Lundy’s Lane tank - Physical failure of North St. or Portage Road watermains- impact to hospital - Commissioning of new watermains Page 90 of 355Page 537 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 14 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) 15. Infrastructure Maintenance, Rehabilitation and Renewal PLAN – The OP shall document: a) a summary of the OA’s infrastructure maintenance, rehabilitation and renewal programs for the Subject System, and b) a long term forecast of major infrastructure maintenance, rehabilitation and renewal activities . DO – The OA shall: a) keep the summary of the infrastructure maintenance, rehabilitation and renewal programs current, b) ensure that the long term forecast is reviewed at least once every Calendar Year, c) communicate the programs to the Owner, and d) monitor the effectiveness of the maintenance program. OP s.15.0 Infrastructure Maintenance, Rehabilitation and Renewal. Table 15-1: DWS Infrastructure Maintenance Programs describes the infrastructure component, level of service (e.g. maintenance activity, frequency, applicable procedure, and operational performance indicator and how tracked). Long-term infrastructure items are included as part of s.14.0 records with asset management plan. OP s.15.2 and Table 15-2 summarize the DWS Infrastructure Rehabilitation and Renewal Programs (including water meters, backflow prevention devices, lead service replacement program). OFI: Consider identifying highest risk service connections with industrial, commercial and institutional end users (e.g. car washes, funeral homes, anything 1.5” service connection or greater, and including every city facility) for targeted backflow prevention by-law and program implementation. 16. Sampling, Testing and Monitoring PLAN – The OP shall document: a) a sampling, testing and monitoring procedure for process control and finished drinking water quality including requirements for sampling, testing and monitoring at the conditions most challenging to the Subject System, b) a description of relevant sampling, testing or monitoring activities, if any, that take place upstream of the Subject System, and c) a procedure that describes how sampling, testing and monitoring results are recorded and shared between the OA and the Owner, where applicable. DO – The OA shall implement and conform to the procedures. OP s.16.0 Sampling, Testing and Monitoring links to the DWQMS Sampling, Testing and Monitoring procedure (MW- ES-DWS-PRO-012-001), dated August 2018. The City of Niagara Falls DWS is a Class II WD system and considered a large municipal residential DWS, and also responsible for sampling / testing at three separate small DWS’s in rural areas. References Niagara Region upstream (for raw and treated water) with results shared as per the MOU – Water Servicing, including free chlorine residual data, raw water data and treated water data. Table 1 of the procedure summarizes O. Reg. 170/03 requirements: the parameters, number / frequency of samples, sample locations and relevant SOP’s; Table 2 summarizes same information, but for distribution sampling for construction, repairs, complaints; and Table 3 relates to small drinking water systems (on city-owned land). Links to A&S Reports shared with owner / public each year. Discussed with the QMS Rep about the update to MW-ES-DWS-PRO-012-001 procedure’s Table 1 reference regarding a minimum of 88 distribution samples collected each month based on 2008 population served information (64,000 population served). Niagara Falls population – 94,415 in 2021 as per Stats Canada - 2021 information – confirmed population within serviceable area – increased sample #’s to 108-112 per month (to be fully confirmed in the document update) based on the population served (92,069). System profile was updated with the MECP Feb. 27, 2022 when the 2021 census information came out in February 2022. Will be updating the numbers in the procedure within Q1 of 2023. Additional locations have been identified and are implemented (was previously on relief sampling program – implemented in summer 2022). The 2022 Sample Calendar (MW-ES-DWS-VIS-012-005) describes the sample and testing types for the year (e.g. weekly micro samples, twice weekly chlorine residuals, quarterly THM & HAA samples, start of lead sampling dates, quarterly SDWS) along with the identification of holidays. Filling station checks are also noted (e.g. Mondays – Stanley (or Tuesdays if stat) and Tuesdays – Chippawa); as well as Friday Chlorine residual locations – Garner Road, Gale Centre, sample station, Portage. Additional flushing locations are also identified (Portage on Mondays, Tuesdays and Fridays with residuals and St. Gabriel school once weekly on Mondays or Tuesdays). 17. Measurement and Recording Equipment Calibration and Maintenance PLAN – The OP shall document a procedure for the calibration and maintenance of measurement and recording equipment. DO – The OA shall implement and conform to the procedure. OP s.17.0 Measurement and Recording Equipment Calibration and Maintenance links to the DWQMS Measurement and Record Equipment Calibration and Maintenance (MW-WWW-DWS-PRO-013-001), dated September 2022. Verified the DPD Free Chlorine Reagents (Lot A2146) expire June 2027 and the SpecCheck DPD-Chlorine-LR Secondary Standard (Lot A2010) expire February 2024 Cross-referenced the colorimeters’ serial numbers listed on the Instrument List with the Verification of Equipment Accuracy records by Pure Water Supplies, dated February 2 and 10, 2022 and confirmed all instruments listed on the Chlorine Instrument List 2020 have a corresponding record by Water Concepts that confirms the instruments have been verified with standards. Water Concepts also check calibration standards’ lot numbers and expiries (Dec. 2022) 18. Emergency Management PLAN – The OP shall document a procedure to maintain a state of emergency preparedness that includes: a) a list of potential emergency situations or service interruptions, b) processes for emergency response and recovery, OP s.18.0 Emergency Management links to Emergency Management (MW-ES-DWS-PRO-014-001), dated September 2018 which references regular hours and after-hours processes for emergency response, links to Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-ES-DWS-MAN-014-001 (including water quality Page 91 of 355Page 538 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 15 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) c) emergency response training and testing requirements, d) Owner and OA responsibilities during emergency situations, e) references to municipal emergency planning measures as appropriate, and f) an emergency communication protocol and an up-to-date list of emergency contacts. DO – The OA shall implement and conform to the procedure. complaint, BWA, backflow, widespread water loss, AWQI) as well as the City of Niagara Falls Emergency Plan (Corporate Document), and states that emergency training and testing is carried-out once annually. The procedure also references the Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001) (Rev. 11); and Niagara Region Water and Wastewater Emergency Response Plan (external document). New permanent supervisors appear on the updated contact list. Emergency Response Training meeting minutes, dated November 18, 2022 includes the tabletop testing of three scenarios. Attended by Jessica Blanchard, Adam Allcock, Mike Pullano, Jonathan Danyluck, Andrew Carruthers, and Sean Escandon. The scenarios were of the following nature: 1. At approximately 8:00 am on Friday February 19th, the Niagara Falls Water Plant called to advise that they had experienced a large watermain break at 4382 Montrose Road, and they are attempting to isolate the main. At 9:00 am on this same day, Auto Value Hyundai called to report that their water had a substantial drop in pressure, was quite dirty, and there was water pooling on the road across the street from and into their entrance driveway. City staff attended this site and determined that there was a break on the City watermain at 4060 Montrose Road (directly in front of 4060 Montrose Road). 2. 3 months of excessive heat and arid weather has been cited as the cause a region – wide power outage in the month of August. The Niagara Falls Water Treatment Plant has been utilizing auxiliary power for approximately 2 hours and has advised that they are able to do so for the next 8 hours at best. 3. The Service Centre has received several phone calls that residents have soapy water coming from their kitchen taps. Addresses citing this abnormality include 6844 Cropp Street, 4776 Victor Drive and 4680 Dorchester. Calls began coming in around 1:00 pm on a Friday. At approximately the same, local news stations had advised that a train that experienced mechanical issues will have to remain stationary on the track for several hours, greatly limiting access within the City. What is the likely case of this soapy water? How do you confirm? How do you respond? Erik: no challenging situations for the water system occurred in the past year. 19. Internal Audits PLAN – The OP shall document a procedure for internal Audits that: a) evaluates conformity of the QMS with the requirements of this Standard, b) identifies internal Audit criteria, frequency, scope, methodology and record-keeping requirements, c) considers previous internal and external Audit results, and d) describes how QMS Corrective Actions are identified and initiated. DO – The OA shall implement and conform to the procedure and shall ensure that internal Audits are conducted at least once every Calendar Year. OP s.19.0 Internal Audits links to DWQMS Internal Auditing (MW-ES-DWS-PRO-015-001), dated September 2018 that describes qualified auditors to complete audits, should have good knowledge of DWS and DWQMS, conducted once every calendar year, impartiality ensured, audit findings link to corrective and/or preventive actions through El. 21 with audit summaries reported at Management Review and past audit results considered in future audits (as noted below). Viewed the 2022 Surveillance Audit Report by NSF-ISR for audit on May 10, 2022. No non-conformities were identified, and the following opportunities for improvement (updates are underlined): - El. 9 – Ensure that the Matrix in MW-ES-DWS-LM-005-001 is consistent with Fig 9-1 in the OP. (CI #1 of the 2022 Continual Improvement Tracking spreadsheet confirms this is complete) - El. 13 – Although it was noted from the record of the management review held on Feb 16, 2022 that action was in progress with regards to modifying/improving the recording of quality checks of all essential supplies as they are received in stock (checks should be done by staff of Operating Authority), the process was not described in the relevant section of the OP. The management is to consider to include the description so that it is formally part of the documented QMS improvements on recording quality checks of essential supplies by staff of the OA. (CI #2 of the 2022 Continual Improvement Tracking spreadsheet confirms this is in progress – discussion with QMS Rep: quality checks are done during the purchasing process, then when received in stores, staff cross-reference with what the requirements are in the RFP, operators also verify prior to use. Essential Supplies and Services review meeting – starting in new year, clipboard record) - El. 15 – Reviewed the Water and Wastewater long-range financial plan prepared by BMA Management Consulting Inc. It was noted that the Infrastructure / Engineering Department have been made aware of including an itemized breakdown, as per the Management Review and the Infrastructure Review meeting minutes, and it was stated that they will look to accomplish this in the next long range financial plan (estimated to be complete following the next Council initiation (2023)). This OFI is maintained to ensure that the action will be taken come 2023. (CI #3 of the 2022 Continual Improvement Tracking spreadsheet confirms this is being considered for finance/infrastructure divisions to carry-out when next council cycle for capital budget is created and developed). Noted in the 2022 Water & Wastewater Services Infrastructure Review Meeting minutes that Jessica is to review the current / operational works projects lists on the City’s Page 92 of 355Page 539 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 16 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) website to see if these may satisfy the auditor’s suggestion prior to the next accreditation audit. QMS Rep discussion – on City’s website, list of current projects / project lists with budgets assigned – next audit will identify this cross-reference with long-term financial plan. Viewed the 2021 Internal Audit Report by Acclaims Environmental Inc., dated December 24, 2021 that identified no non- conformities and the following opportunities for improvement (updates are underlined): - MECP DD’s – Related to the MECP’s updated Director’s Directions (May 2021), consider: a. Updating the municipal drinking water system name to reflect the City’s DWS name included in MDWL #068-101, and b. Including a completed copy of the updated Subject System Description Form in Schedule “C” of Director’s Directions (or a reference to it). - (CI #6 of the 2021 Continual Improvement Tracking spreadsheet confirms these adjustments were made in most recent OP) - El. 5 – Consider editing the Record Control Matrix (MW-ES-DWS-LM-003-001) to include DWWP Forms 1 and 2 with “10 years” as retention time. (CI #7 of the 2021 Continual Improvement Tracking spreadsheet confirms Form 1 was added in matrix) - El. 10 – Consider confirming the actual training requirements (as per O. Reg. 128/04 s.29 Annual Training for Operators table) for the highest class of system operated by the team – i.e. Class II (35 min. annual hours of training, 12 or more hours of which are continuing education). (CI #8 of the 2021 Continual Improvement Tracking spreadsheet confirms documented, monitored and achieved with “Staff MOE CEU Training 2018 and beyond” Excel document) - El. 11/18 – Consider adding references to new provisions available through O. Reg. 128/04 and O. Reg. 129/04 (proposed through ERO notice no. 019-3513 and ERO Notice 019-3515) regarding staff coverage in out-of-ordinary conditions (such as in pandemics and labour disruptions). (CI #9 of the 2021 Continual Improvement Tracking spreadsheet confirms “DWQMS Personnel Coverage” and MW-ES-DWS-PRO-007- 001 speak to the MECP notices) - El. 15 – Consider cross-referencing watermain break-related procedures and forms (with 2019 revision dates) with the last version of MECP’s Watermain Disinfection Procedure (2020) to ensure conformity with latest requirements. (CI #10 of the 2021 Continual Improvement Tracking spreadsheet confirms updates to Environmental Services Watermain Break Report form and procedure (MW-ES-DWS-SOP-011-001)) - El. 20 – The DWQMS Management Review 2020 Report did not form part of the March 2021 package to council (due to timing of the Management Review meeting) – however, high-level notes regarding Management Review were included. Should ensure the DWMQS Management Review 2021 Report is provided next March. (CI #11 of the 2021 Continual Improvement Tracking spreadsheet confirms the scheduling of Management Reviews in Jan/Feb each year for completeness by Mar each year. 2021 Management Review occurred Feb. 16, 2022, summary presented to council at Mar. 22, 2022 meeting) - OFI/SS – Consider tracking the usual timeframes for various QMS activities in a schedule. (CI #12 of the 2021 Continual Improvement Tracking spreadsheet confirms this is complete. Viewed the DWQMS Legislative Compliance calendar (Excel file) that identifies key regular activities targeted for certain months of the year. Also viewed the DWQMS & Legislative Compliance Schedule (Word file) that identifies key DWQMS elements, MDWL-related documents and legislated activities and their scheduled timeframes for renewal or next activities) - OFI/SS – The City’s new Asset Management Plan (AMP) needs to be integrated into all service areas. All staff need to be trained on what AM is, why it’s important, some of the principles. Need staff’s involvement in ongoing, day-to-day processes re: asset records that would continually inform the long-term AMP’s. (CI #13 of the 2021 Continual Improvement Tracking spreadsheet confirms this is assigned to Infrastructure Division) Noted the 2022 Water & Wastewater Infrastructure Review Meeting Minutes confirmed Tara to provide AMP training materials / presentations that engineering has been using as education pieces as the AMP develops. QMS Rep discussion – have staff attend AMP training – Adam will speak to it at a safety meeting in the new year, including overview of new maintenance management program and new procedures (OTJ hours). 20. Management Review OP s.20.0 Management Review links to DWQMS Management Review (MW-ES-DWS-PRO-016-001), dated September 2018. Viewed the DWQMS 2021 Management Review Meeting Minutes, dated February 16, 2022 with Erik Nickel, Page 93 of 355Page 540 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 17 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) PLAN – The OP shall document a procedure for management review that evaluates the continuing suitability, adequacy and effectiveness of the QMS and that includes consideration of: a) incidents of regulatory non-compliance, b) incidents of adverse drinking water tests, c) deviations from Critical Control Point limits and response actions, d) the effectiveness of the risk assessment process, e) internal and third-party Audit results, f) results of emergency response testing, g) operational performance, h) raw water supply and drinking water quality trends, i) follow-up on action items from previous management reviews, j) the status of management action items identified between reviews, k) changes that could affect the QMS, l) Consumer feedback, m) the resources needed to maintain the QMS, n) the results of the infrastructure review, o) OP currency, content and updates, and p) staff suggestions. DO – Top Management shall implement and conform to the procedure and shall: a) ensure that a management review is conducted at least once every Calendar Year, b) consider the results of the management review and identify deficiencies and actions items to address the deficiencies, c) provide a record of any decisions and action items related to the management review including the personnel responsible for delivering the action items and the proposed timelines for their implementation, and d) report the results of the management review, the identified deficiencies, decisions and action items to the Owner. James Sticca and Jessica Blanchard in attendance and the DWQMS Management Review 2021 Report. Noted thorough discussions on each of the items a) to p) included as part of the minutes (numbered 1 to 16 with additional items included at the end). a) 0 incidents of non-compliance – Noted that Recommendations and Best Practices documented in the latest MECP Inspection Report are related to implementation / development of the backflow prevention program. b) 0 AWQI’s for the distribution system, 1 AWQI for the SDWS (however, not under O. Reg. 170/03). c) No CCL deviations d) Additional risks considered – climate and extreme events related, all risks from 2021 assessment introduced in annual infrastructure review, discussed Lundy’s Lane tank decommissioning – begins in 2023 e) No non-conformities from audits, OFI’s identified and statuses reviewed. All OFI’s implemented where deemed appropriate. (updates on each are also noted in section 19 of this audit checklist). f) Emergency response testing (last exercise Nov. 2021) – scenarios re: emergency water provision guideline reviewed, LH staff present and active participants, exercise minutes posted in public are, DWS Emergency contacts updated and shared with Streets division. g) Fewer mainbreaks than previous year. Planning to have graphical representation for report to council (referencing pipe type and % of all pipe types in system). h) Consistent raw water supply and DW quality trends over past several years. Filter media replacement at Chippawa WTP complete, Region’s plan to relocate intake of Chippawa WTP further south, est. 2027 i) Listed previous action items with status updates provided for each – more than half action items are completed, with most others ongoing or in process. j) None identified k) Director’s Directions (title of OP, Schedule C), Lead MAC discussion, Lundy’s Lane elevated tank, AMP contributing to system improvements and sustainability, KPI’s to be developed / monitored, climate change. l) Low consumer complaints re: WQ – addressed immediately by hydrant flushing / inspections. m) Resources discussed (re: IA audits). n) Listing areas of improvement based on priority (e.g. multiple breaks ID areas for renewal and customer service levels), RA discussed during infrastructure review. o) OP to be updated in Feb/Mar 2022 – circulated to council March 22nd. p) Suggestions included re: training adjustments to virtual, smaller groups; creating and utilizing guidance documents for continued migration to OMS, volunteer locations for micro samples for higher population count in DWS. City of Niagara Falls’ City Council Meeting, re: Drinking Water System Summary Report and Overview, dated March 22, 2022 references the Drinking Water System Report and Overview Report (MW-2022-15), dated March 22, 2022. The report attachments included the 2021 City of Niagara Falls Distribution System Summary Report, the DWQMS Management Review 2021, Section 19 of the SDWA re: Standard of Care and the Ops Plan Rev 6 Summary. High- level summary of deficiencies, decisions, action items reported to owner. 21. Continual Improvement PLAN – The OA shall develop a procedure for tracking and measuring continual improvement of its QMS by: a) reviewing and considering applicable best management practices, including any published by the Ministry of the Environment and Climate Change and available on www.ontario.ca/drinkingwater, at least once every thirty-six months; b) documenting a process for identification and management of QMS Corrective Actions that includes: i. investigating the cause(s) of an identified non-conformity, ii. documenting the action(s) that will be taken to correct the non-conformity and prevent the non- conformity from re-occurring, and iii. reviewing the action(s) taken to correct the non-conformity, verifying that they are implemented and are effective in correcting and preventing the re-occurrence of the non-conformity. c) documenting a process for identifying and implementing Preventive Actions to eliminate the occurrence of potential non-conformities in the QMS that includes: i. reviewing potential non-conformities that are identified to determine if preventive actions may be necessary, ii. documenting the outcome of the review, including the action(s), if any, that will be taken to prevent a non-conformity from occurring, and OP s. 21.0 Continual Improvement links to DWQMS Preventive & Corrective Action (MW-ES-DWS-PRO-017-001), dated September 2018, and the following forms are referenced. Viewed the DWQMS Preventive / Corrective Action Request (PAR) form (MW-ES-DWS-FRM-017-001). Viewed 2021, 2022 Continual Improvement Tracking spreadsheets. Entries from 2021 and 2022 include findings from the Surveillance Audit Reports by NSF-ISR (for 2021 and 2022) and findings from the internal audit in 2021. Erik: 2022 brought forward a proper AMP for core assets including levels of service – can be used as tool to leverage council on better decision-making on infrastructure. 95% in AMI (metering) program – which will help with leak detection system – to help make better decisions. Kicked-off ad hoc water loss committee led by Adam to bring the team together (inter-departmental team) to identify areas for improvement. Page 94 of 355Page 541 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 18 of 25 DOCUMENT REVIEW – DWQMS 2.0 (Condition Expected) DOCUMENT REVIEW – Auditor Comments (Condition Found) iii. reviewing the action(s) taken to prevent a non-conformity, verifying that they are implemented and are effective in preventing the occurrence of the non-conformity. DO – The OA shall strive to continually improve the effectiveness of its QMS by implementing and conforming to the procedure. Page 95 of 355Page 542 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 19 of 25 Process: Auditee(s): Audit Date: 1.0 Adequate Resources? (s. 9, 11, 13, 14-15) 1.1 What are the different roles and responsibilities involved? 1.2 What are the resources required to carry out this/these tasks? Such as: a. Staff (and adequate staff coverage) b. Supplies c. Equipment d. Facilities / space 1.3 Are there enough resources? 1.4 Are there special requirements for the resources? a. How do we ensure the quality of supplies / equipment? 4.0 Process Under Control? (s. 5, 17) 4.1 Do you rely on documents to provide details of what tasks are required? a. SOPs? Forms? WO’s? MRF’s? Standards or Guidelines? b. Are they current / legible / identifiable / retrievable / stored / protected / retained? 4.2 Are documents disposed of? Why? When? 4.3 Does the work area appear safe, organized and clean? 4.4 If resources include measurement and recording equipment, is this equipment calibrated and maintained? How? 6.0 Who? (s. 2, 3-4, 10) 6.1 What are the competencies for these duties? 6.2 What types of activities can develop competencies / experience? 6.3 Do staff involved know how their duties affect drinking water quantity / quality? 6.4 Do staff know what the quality policy states? 6.5 How do staff know what legal requirements apply to their tasks? 2.0 Process Input? 2.1What are your process inputs? a. Legal/other requirements b. Work orders or maintenance requests c. Internal or external customers 2.2 Is there a “previous process step” that feeds into this one? 2.3 Are you happy with the supplies / data / information provided by the previous step? 7.0 Output? (s. 5) 7.1 What is the output of your process? 7.2 What records do you produce? a. Are they legible / identifiable / retrievable / stored / protected / retained? b. Are they complete? 7.3 Are records disposed of? Why? When? 3.0 Measured? (s. 8, 12, 16) 3.1 What things do you check, sample, monitor or test? 3.2 Where do you record results? Are records complete? 3.3 Is the information reviewed, analyzed or checked for effectiveness (in meeting requirements)? 3.4 Do you communicate results? To whom? verbally? In Writing? 5.0 What If Out-of-Control? (s. 7-8, 12, 18) 5.1 What types of things can go wrong? (out-of- ordinary / emergencies / service interruptions) 5.2 What actions are taken when they do go wrong? 5.3 What notifications? To whom? 5.4 What do you document? Where? 5.5 Is there an emergency contact list? Is it maintained? 8.0 Stakeholder Satisfaction? (s. 12, 20) 8.1 Are relevant stakeholders satisfied with this work? a. internal / external customers, b. government agencies, c. public, d. owner, e. top management 8.2 How do you know? 9.0 Evidence of Continual Improvement? (s. 21) 9.1 What are some improvements related to this process that you have seen / implemented in the past year? 9.2 Is there anything you’d like to change about this process? Page 96 of 355Page 543 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 20 of 25 Process: Top management responsibilities Auditee(s): Adam Allcock, Senior Manager W&WW Services Audit Date: December 21, 2022 8:45 AM 1.0 Adequate Resources? (s. 9, 11, 13, 14-15) Have adequate resources (8 months in) – from budget standpoint – water / wastewater budgets are good. Have small equipment, capital budget to support replacements as needed. Staff – training not an issue – expanding on topics and methods for training (e.g. suppliers’ equipment-based training). Software and data easily accessible – great organization for managing information and data. With growing community, need to maintain levels of service – triggers established based on growth – new FTE for water meter program. Another crew will be added at the right trigger in growth. After-hours coverage is more challenging nowadays. Contracted services are available on an emergency basis – with right to disconnect. 24/7 on-call coverage, contingency plan for 24/7 operations. Considering several options to ensure staff coverage through expression of interest. No supply chain disruptions – impacted water meters’ radio transmitters (chip issue, back- ordered from June). Some vendors not quoting out-of-ordinary parts… 4.0 Process Under Control? (s. 5, 17) Communications – meet with Supervisor team monthly officially, additional to ad-hoc meetings Ongoing discussions SMT communications to staff Formal communications via e-mail and memos, safety meetings Providing information to council through formal reports SOP reviews – risk assessment outcomes updates – review as they timely 6.0 Who? (s. 2, 3-4, 10) Oversight for the team – providing leadership and direction, ensuring QMS awareness. Work is on preparation / planning side of things. Ensuring we’re emergency prepared. Participate in all QMS activities – e.g. risk assessment, infrastructure reviews, management reviews, following legislation – ensuring changes to regulations are incorporated into standards, policy, forms – stay up-to-date with MECP updates, communicating up as well – reports to council – notification requirements for SMT. Operator Certification – Niagara Falls is Class II WD system – have Class IV WT + Class IV WD, and Level IV’s for WWT and WWC. 2.0 Process Input? Capital – infrastructure review meetings – review Niagara Falls’ water needs and compare against roads’ needs. With engineering. Priorities based on failure rates, other metrics – e.g. #clamps on mains Forecasting – 10-year budget forecast with AMP group based on the Asset Management Plan 7.0 Output? (s. 5) Disinfection Chlorine residual database Sampling records Hydrant inspection records Backflow program records – as available – done with new construction. Legacy sites “optional” Staff training records Page 97 of 355Page 544 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 21 of 25 Process: Top management responsibilities Auditee(s): Adam Allcock, Senior Manager W&WW Services Audit Date: December 21, 2022 8:45 AM 2024 budget will have these budget forecasts in play Operating budget – if necessary, resources obtained – e.g. wants/needs – staff consulted re: needs for future year. Work with finance 3.0 Measured? (s. 8, 12, 16) Good standards for construction Construction – not creating problems for 20 years from now Work order system – establishing relevant KPI’s (paper-based system currently) KPI’s – e.g. every hydrant inspected / maintained every year. Copied on all lab test results every week Chlorine residuals – identifying what parts of town are low Tie-ins for watermain commissioning – reviewing completed records. 5.0 What If Out-of-Control? (s. 7-8, 12, 18) e.g. summer weekends – difficulty in getting staff out for the full repair (even availability emergency contractors), can throttle down at worst-case scenario planning for the upcoming year – to have an improved on-call system in place / with contingency coverage by emergency contractors busy season – to end of March – city issues – e.g. mainbreak, general staff coverage (not necessarily operators – supervisor at minimum) Rogers outage in July 2022 impacted phone system – landline and cell phones, relied on e-mails and two-way radios in vehicles 8.0 Stakeholder Satisfaction? (s. 12, 20) Council, SMT, city staff, residents, end users, the Region (as bulk supplier), agencies – NPCA, MECP, Niagara Parks Commission Good relationship with Niagara Region – MOU’s in place to assist one another within the Region. MECP relationship is good, do best – 100% inspection results. Staff appreciation for 100%. “Spring thaw” breakfast following winter challenges experienced – mainbreaks – 60% of failures happen in cold months 9.0 Evidence of Continual Improvement? (s. 21) Jessica – matrix for tracking improvements – tracking staff suggestions – providing options to do things in better ways Building relationships due to remote work / online meetings – closing gaps, looking to strengthen relationships. In-person engagement is better than online. Discussed OFI re: identifying highest risk service connections with industrial, commercial and institutional end users (e.g. every city facility, car washes, funeral homes, anything 1.5” service connection or greater) for targeted backflow prevention by-law and program implementation. Page 98 of 355Page 545 of 1092 City of Niagara Falls – DWQMS 2.0 – 2022 Internal Audit Acclaims Environmental Inc. 22 of 25 Process: Distribution O&M Auditee(s): Mike Pullano, Water & Wastewater Supervisor/ORO Audit Date: December 21, 2022 10:30 AM 1.0 Adequate Resources? (s. 9, 11, 13, 14-15) Have adequate resources to do job well – including people, equipment, tools, vehicles, etc. never an issue to get updated / more of what’s needed. Overtime difficulty getting a crew from time-to- time, make extra calls. Supervisors come out as needed. Always have coverage. Supply chain disruptions (some during COVID, none in 2022). Parts and chemicals used – verify they meet requirements through RFP process, stores verify, staff verify. 4.0 Process Under Control? (s. 5, 17) Project managers / inspectors on job sites will verify the parts and chemicals used are correct. Commissioning checklist completed by the inspector. Expectations communicated through operator reports – done consistently Supervisors are in the field overseeing the work by operators Safety meetings – discuss issues encountered, processes, SOP’s, all items discussed in safety meetings – hold on a monthly basis Morning staff meetings in lunchroom – tailgate meetings Handheld devices include: colorimeters; calibrated regularly by Water Concepts. The SpecCheck DPD-Chlorine-LR Secondary Standard (Lot A2010) expire February 2024. DPD Free Chlorine Reagents (Lot A2146) expire June 2027 6.0 Who? (s. 2, 3-4, 10) Ensure everyone follows SOP’s, water disinfection plan. Including staff and contractors. Class II WD 2.0 Process Input? Seasonal activities – e.g. flushing hydrants in spring, pump-out hydrants prior to winter Water & wastewater calendar – scheduling done through this as well. 7.0 Output? (s. 5) Operator reports – e.g. mainbreak, hydrant repair or service repair – everything documented Chains of custody Residuals Capital works projects’ Form 1’s 3.0 Measured? (s. 8, 12, 16) Everything is tracked – operator reports completed for any jobs Chlorine residuals always documented – anything over 0.20 mg/L free chlorine is good Have areas that have challenges with residuals – need to flush a little longer in those areas – e.g. cast iron watermains, dead ends – will flush more frequently than normally would Sampling – e.g. regular micro, or upstream / downstream sampling for category 2 watermain breaks 5.0 What If Out-of-Control? (s. 7-8, 12, 18) Ongoing pandemic Short time without a Manager – between the remaining team members, stepped up – if stuck, connected with Director who was helpful Derecho of May long weekend didn’t impact water operations Rogers outage of July 2022 – visited sites on-site (more than usual). Impacted cell phones (however, not impacted a long time). 8.0 Stakeholder Satisfaction? (s. 12, 20) The public first and foremost – generally happy customers, not too many complaints – when they do come in, staff work to resolve (through dialogue, dirty water complaint, review issues – may flush hydrant out front – continue until customer is happy) 9.0 Evidence of Continual Improvement? (s. 21) Currently in process of implementing work order system (from Navigator to OMS – a live system) – all operator reports will be shifting to that, using iPads to complete operator reports in the field – will have access to mapping and Fallsviewer (GIS) – will have better data review, asset-based information (asset ID’s now, previously by address) – rolling out in small sections, last phase for watermain breaks – test run until rolled-out full-time. Staff like it. Page 99 of 355Page 546 of 1092 Appendix “D” – Auditor CV and Training Certificates Curriculum Vitae: Brigitte Roth, BES, EP(EMSLA) SUMMARY: A management systems, compliance and risk management professional with over 25 years' experience in: − achieving legislative compliance, − optimizing and integrating management systems, − conducting risk assessments and analysis, − preparing and improving emergency response plans, − planning and executing annual emergency test exercises and debrief sessions, − leading and carrying out compliance and management system audits, and − developing and delivering training related to the above areas of expertise . A certified environmental professional with ECO Canada, as EP(CEA) from 2005-2015 and currently as EP(EMSLA) since 2015; she has conducted environmental compliance, pollution prevention and management system audits at over 95 unique organizations of various industries in Ontario and at 66 golf courses under the Integrated Pest Management Accreditation Program. She has overseen the implementation and integration of management systems in conformity with ISO 14001, ISO 9001, ISO 17025, OHSAS 18001 and Ontario’s Drinking Water Quality Management Standard. Also experienced as an alternate Community Emergency Management Coordinator (CEMC) for the City of Guelph from 2015 to 2017 and a Planning Section Chief in the City's Emergency Operations Centre from 2014 to 2017. PROFESSIONAL DESIGNATIONS: 2015, Environmental Professional – Environmental Management Systems Lead Auditor, ECO Canada 2005-2015, Environmental Professional – Compliance Auditor, ECO Canada EDUCATION & KEY TRAINING: 2018, ISO/IEC 17025:2017, Waher Consulting Services 2016, Community Emergency Management Coordinator, Emergency Management Ontario 2014-2017, Emergency Management Certificate program courses, Justice Institute of British Columbia 2013, Project Management Certificate (with High Honours), Sheridan College 1998, Environmental Management System Lead Auditor, KPMG (Certificate No. E0034) 1997, Quality Management System Lead Auditor, KPMG (Certificate No. K193) 1996, Certificate of Environmental Assessment, University of Waterloo 1996, Bachelor of Environmental Studies (Honours Geography), University of Waterloo EMPLOYMENT HISTORY: Principal Consultant at Acclaims Environmental Inc. January 2018 - present Helping optimize the effectiveness of customers’ integrated management systems through audits and facilitated sessions to improve: − legislative compliance (e.g. emissions reporting, approvals and en vironmental protection plans) − conformance to management system standards (e.g. DWQMS, ISO 14001, ISO 9001, ISO 45001) − risk assessment and management − emergency preparedness and business continuity Page 100 of 355 Page 547 of 1092 Trainer at Walkerton Clean Water Centre October 2016 - present Contract trainer for the following courses: − Drinking Water Quality Management Standard (DWQMS) − Internal Auditing for DWQMS − Responsibilities under the Statutory Standard of Care − Risk Assessment & Emergency Preparedness Program Coordinator – Project and Program Management at City of Guelph March 2017 – January 2018 For the City’s Corporate Project Management Office (CPMO): − Developed and promoted methodologies and standards, − Reported to the Executive Team and city Council on the CPMO’s performance, − Promoted and trained on project management processes, − Implemented project document and records control, and − Researched and implemented best practices. Quality Assurance Coordinator at City of Guelph October 2008 – March 2017 Managed the processes related to: − Municipal Drinking Water Licensing, − Drinking Water Quality Management Standard (DWQMS) accreditation, − Leading the audit team in internal audits and coordinating external audits, − Risk assessment, analysis and emergency response plans, and − Regular compliance reports to Top Management and city Council. Pollution Prevention Coordinator / Senior Environmental Auditor at CASF 2001 – 2008 − Conducted over fifty pollution prevention and/or compliance audits at metal finishing sites. − Designed and delivered Advanced Environmental Management Series of courses (Auditing 101; Pollution Prevention Planning & Materials Accounting; Regulatory Compliance; Spills Prevention, Emergency Preparedness and Response). − Chaired annual Metal Finishing Conference committee from 2000-2008. Environmental Management System Specialist at WESA Group Inc. (BluMetric Environmental Inc.) 2004 – 2006 − Conducted compliance and management system audits at industrial and municipal drinking water sites. − Assisted with management system implementations (ISO 9001, ISO 14001, OHSAS 18001, DWQMS). − Assisted industrial clients with Canada’s National Pollutant Release Inventory annual reporting. − Assisted in the application process for industrial facilities’ Certificates of Approval (Air & N oise). Quality and Environmental Coordinator at Kuntz Electroplating Inc. 1996 – 2001 − Project manager for ISO 9001, ISO 14001 and ISO 17025 implementation and maintenance. − Facilitated annual reviews of quality policies, risk assessments and emergency response plans. − Kept up-to-date on all changes in regulatory / customer requirements and reported to management. − Developed and delivered various quality and environmental management system training programs. − Managed external and internal audit plans for all management systems and functioned as lead auditor. Page 101 of 355 Page 548 of 1092 Page 102 of 355 Page 549 of 1092 Standard of care, municipal drinking water system 19. (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19 (5). Page 103 of 355 Page 550 of 1092 CITY OF NIAGARA FALLS DISTRIBUTION SYSTEM OPERATIONAL PLAN REVISION 7: SUMMARY OF CHANGES: FEBRUARY 2023 Divisional name change to Water & Wastewater Services (formerly Environmental Services) applied throughout the body of the document. Job title changes applied throughout the body of the document, which included: o Director of Municipal Works to General Manager, Municipal Works o Manger of Environmental Services to Senior Manager, Water & Wastewater Services o Environmental Services Coordinator to Water & Wastewater Services Coordinator o Environmental Services Supervisor to Water & Wastewater Services Supervisor All Manuals, Forms, Visual Aids, Lists, Matrices, Standard Operating Procedure and System Level Procedure documents cited and referenced in the Operational Plan were updated. Updates included administrative and procedural adjustments as well as document alphanumeric identification adjustments, due to the divisional name change (i.e. MW-ES-DWS-SOP-011-001 became MW-WWW-DWS-SOP-011-001). Quality Management System Policy - S. 2.0, page 6: The Quality Management System Policy (as required by Element 2 of the DWQMS) was re-titled to Water & Wastewater Services Mission Statement (formerly Environmental Services Mission Statement). Commitment and Endorsement - S. 3.0, page 7: The endorsement of the Operational Plan date was changed to March 21, 2023 (pending approval). Drinking Water System - S. 6.0, page 11: Total length of watermain in the distribution system updated (as per January 2023 Infrastructure data). Drinking Water System - S. 6.3, page 12: Raw water characteristics annual values updated (as per 2022 data provided by Niagara Region). Drinking Water System - S. 6.4, page 13: Asset totals present in the distribution system (hydrants, valves) and percentage of material types of watermains present in the distribution system were updated (as per January 2023 Infrastructure data). Risk Assessment - S. 7.0, page 15: Reference to the Environmental Registry of Ontario Notice #019-4855 (April of 2022): “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment” was added, to reference the addition of potential cybersecurity threats. Risk Assessment Outcomes - S. 8.0, page 16: Standard Operating Procedure “Water Service – Scheduled and Emergency Repair/Replacement” (MW-WWW-DWS-SOP-011-009) was added as a component of Appendix C of the Operational Plan (which houses the City’s critical control limit monitoring and response procedures). Page 104 of 355 Page 551 of 1092 Continual Improvement - S. 21.0, page 33: Document “DWQMS Corrective Action Request Form” (MW-ES-DWS-FRM-017-002) was removed, as this document was consolidated with the Preventative Action Request Form, now titled “DWQMS Preventative and Corrective Action Request Form” (MW-WWW-DWS-FRM-017-001). Schedule C - S. 22.0, page 34: Schedule C was updated (and submitted to the MECP), with current position titles for the System Owners contacts. o Schedule C is an MECP Subject System Description Form), as per Director’s Directions Safe Drinking Water Act, 2002: Minimum Requirements for Operational Plans Municipal Drinking Water Systems May 2021. Made under the authority of subsection 15 (1) of the Act. This Schedule was initially added to the Operational Plan in 2022 (with revision 6). Page 105 of 355 Page 552 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 1 DO NOT PHOTOCOPY City of Niagara Falls Distribution System Page 105 of 358 Page 244 of 640Page 106 of 355 Page 553 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 2 DO NOT PHOTOCOPY CITY OF NIAGARA FALLS DISTRIBUTION SYSTEM: OPERATIONAL PLAN TABLE OF CONTENTS 1.0 Quality Management System ........................................................................................... 4 1.1 Purpose ................................................................................................................. 4 1.2 Scope .................................................................................................................... 4 1.3 Definitions ............................................................................................................. 4 2.0 Quality Management System Policy ................................................................................ 6 3.0 Commitment and Endorsement ....................................................................................... 7 4.0 Quality Management System Representative .................................................................. 8 5.0 Document and Records Control ....................................................................................... 9 5.1 Control of Documents ........................................................................................... 9 5.2 Control of Records .............................................................................................. 10 6.0 Drinking Water System .................................................................................................. 11 6.1 General ............................................................................................................... 11 6.2 Niagara Falls Water Treatment Plant (WTP) ....................................................... 12 6.3 Niagara Falls WTP Source Water ....................................................................... 12 6.4 Niagara Falls DWS .............................................................................................. 12 6.5 System Crosspoints and Interconnections .......................................................... 13 6.6 Description of Niagara Falls DWS Water Source ................................................ 14 6.7 Common Event-Driven Fluctuations .................................................................... 14 6.8 Operational Challenges ....................................................................................... 14 7.0 Risk Assessment ........................................................................................................... 15 8.0 Risk Assessment Outcomes .......................................................................................... 16 9.0 Organizational Structure, Roles, Responsibilities and Authorities ................................. 17 9.1 DWQMS Organizational Structure ...................................................................... 17 9.2 DWQMS Roles, Responsibilities and Authorities ................................................ 17 10.0 Competencies ................................................................................................................ 18 11.0 Personnel Coverage ...................................................................................................... 19 12.0 Communications ............................................................................................................ 20 13.0 Essential Supplies and Services .................................................................................... 21 14.0 Review and Provision of Infrastructure .......................................................................... 22 15.0 Infrastructure, Maintenance, Rehabilitation and Renewal .............................................. 23 15.1 Infrastructure Maintenance Programs ................................................................. 23 15.2 Infrastructure Rehabilitation & Renewal Programs .............................................. 27 16.0 Sampling, Testing and Monitoring.................................................................................. 28 17.0 Measurement and Recording Equipment Calibration and Maintenance ........................ 29 18.0 Emergency Management ............................................................................................... 30 19.0 Internal Audits ................................................................................................................ 31 20.0 Management Review ..................................................................................................... 32 21.0 Continual Improvement .................................................................................................. 33 22.0 Schedule C - System Description Form (as per Directors Direction Requirements)…..34 Page 106 of 358 Page 245 of 640Page 107 of 355 Page 554 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 3 DO NOT PHOTOCOPY CITY OF NIAGARA FALLS DISTRIBUTION SYSTEM: OPERATIONAL PLAN LIST OF FIGURES Figure 9-1: DWQMS Organizational Chart .............................................................................. 17 Figure 14-1: DWQMS Infrastructure Review ........................................................................... 22 LIST OF TABLES Table 6-1: Niagara Falls WTP Source Water Characteristics .................................................. 12 Table 6-2: Niagara Falls DWS Connections ............................................................................ 13 Table 13-1: Quality Assurance Review - Vendor Rating Criteria ............................................. 21 LIST OF APPENDICES Appendix A: DWQMS System-Level Procedures and Supporting Documentation Appendix B: DWQMS Risk Assessment Results Appendix C: Critical Control Point Monitoring and Response Procedures Appendix D: Emergency Response Procedures Manual for Drinking Water Page 107 of 358 Page 246 of 640Page 108 of 355 Page 555 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 4 DO NOT PHOTOCOPY 1.0 Quality Management System 1.1 Purpose The purpose of this Operational Plan is to document the City of Niagara Falls’ drinking water Quality Management System (QMS). The QMS provides a set of procedures, monitoring tools and evaluative methods that document the City’s efforts to ensure that clean, safe and reliable drinking water is supplied to all of its customers. This Operational Plan was developed in alignment with the requirements of the Ministry of the Environment and Climate Change’s (former title of current Ministry of Environment, Conservation and Parks) Drinking Water Quality Management Standard (DWQMS) and the accompanying Guidance Document1. 1.2 Scope This Operational Plan applies to all drinking-water-related operations at the City of Niagara Falls. The contents of the QMS Operational Plan include the following: Part Title Part City of Niagara Falls Distribution System Operational Plan Main Document System-Level Procedures and Supporting Documentation Appendix A DWQMS Risk Assessment Results Appendix B Critical Control Point Monitoring and Response Procedures Appendix C Emergency Response Procedures Manual for Drinking W ater Appendix D 1.3 Definitions NSF International NSF International is the selected Accreditation Body for City’s DWQMS auditing. City City of Niagara Falls Critical Control Point (CCP) A point or step in a process at which a control can be applied in order to prevent a hazardous event from occurring, eliminate a hazard, or reduce the hazard to an acceptable level. DWQMS Drinking Water Quality Management Standard DWS Drinking water system DWS Vendor Supplier or service provider that provides a product or service related to the water distribution system Hard-Copy Paper copy of a document MECP Ministry of the Environment Conservation and Parks, or any future title of this entity. The MECP developed the DWQMS and requires select Ontario municipalities & utilities to develop and implement a DWQMS as a component of the Municipal Drinking-Water Licence 1 “Implementing Quality Management: A Guide for Ontario’s Drinking-Water Systems.” Ministry of the Environment, July 2007. Page 108 of 358 Page 247 of 640Page 109 of 355 Page 556 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 5 DO NOT PHOTOCOPY Program. Operator-in- Charge (OIC) Operator designated by the Owner or Operating Authority to perform duties as outlined in O. Reg. 128/04, s. 25 (SDWA) and as per applicable City procedures and guidelines. Overall Responsible Operator (ORO) Operator designated by the Owner or Operating Authority to perform duties as outlined in O. Reg. 128/04, s. 23 (SDWA) and as per applicable City procedures and guidelines. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. The Chief Administrative Officer has been identified as an Owner Representative. QMS Quality Management System – for drinking water Region Niagara Region Soft-Copy Electronic copy of a document SOP Standard Operating Procedure Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the QMS and recommended actions to the Owner regarding the DWS. For the City of Niagara Falls, Top Management has been identified as the General Manager of Municipal Works. Page 109 of 358 Page 248 of 640Page 110 of 355 Page 557 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 6 DO NOT PHOTOCOPY 2.0 Quality Management System Policy The City of Niagara Falls owns and operates the Niagara Falls distribution system (DWS #260002304). The City of Niagara Falls has adopted the Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001-001) as its QMS policy. This is an integrated policy statement that applies to both Water & Wastewater Operations2. With respect to Water Operations and the DWQMS, the City’s Mission Statement is as follows: “A combination of Water and Wastewater Services, which are in compliance with legislation and regulations, that protect human health, the environment and public property within the City of Niagara Falls, in an efficient, effective manner. Water Services: - Providing a reliable and dependable drinking water system. - Delivering safe and clean potable water. - Maintaining and continuously improving the City’s Drinking Water Quality Management System.” The City of Niagara Falls’ Water & Wastewater Services Mission Statement (MW-WWW- DWS-VIS-001-001) has been approved by the Owner and Top Management of the DWS3 and is endorsed along with this Operational Plan. The Mission Statement is posted internally at both City Hall and the Municipal Service Centre. The Mission Statement is also posted on the City’s website for public viewing. 2 The Wastewater components of the Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001-001) fall outside of the scope of the DWQMS and are not auditable. 3 Community Services Committee Report #CAO-2008-04, September 22, 2008 Page 110 of 358 Page 249 of 640Page 111 of 355 Page 558 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 7 DO NOT PHOTOCOPY 3.0 Commitment and Endorsement This Operational Plan will be reviewed and approved by the City of Niagara Falls ’ Mayor, Council and Operating Authority Top Management. A resolution is to be passed by Council endorsing the Operational Plan and its contents on March 21, 2023, as per Report to Council MW -2023-07: Drinking Water System Summary Report and Overview (to confirm following the March 21st Council session). Page 111 of 358 Page 250 of 640Page 112 of 355 Page 559 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 8 DO NOT PHOTOCOPY 4.0 Quality Management System Representative The Department of Municipal Works Water & Wastewater Services Coordinator has been appointed as the Quality Management System Representative for the City of Niagara Falls QMS and has been granted the authority to carry out all of the duties associated with this role. In addition to other components of their role, the Water & Wastewater Services Coordinator holds the following responsibilities as QMS Representative: Ensuring that the QMS is established, implemented and maintained; Reporting to Top Management regarding the status and performance of the QMS and any need for improvement; Ensuring that current versions of the DWQMS documentation are in use at all times; Ensuring that staff are aware of all applicable legislative and regulatory requirements that pertain to their duties in the operation of the City’s DWS; and Promoting awareness of the DWQMS throughout the Operating Authority. Page 112 of 358 Page 251 of 640Page 113 of 355 Page 560 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 9 DO NOT PHOTOCOPY 5.0 Document and Records Control 5.1 Control of Documents A procedure has been developed which outlines document control processes for the Operating Authority. The purpose of DWQMS Control of Documents (MW-WWW-DWS-PRO-002-001 – see Appendix A) is to provide a controlled process for the creation, modification, review, approval, distribution, retrieval, and protection of DWS-related documentation at the City of Niagara Falls. DWS-related documentation is identified using a unique numbering system specified in DWQMS Control of Documents (MW-WWW-DWS-PRO-002-001). The task of creating internal DWS-related documentation is delegated to an appropriately qualified Municipal Works staff member according to the staff member’s level of expertise in the subject matter to be documented. When a draft document has been prepared, it is reviewed and approved as specified in DWQMS Control of Documents (MW-WWW-DWS-PRO-002-001). Revisions to existing documentation are completed by the Document Author and reviewed and approved as specified in DWQMS Control of Documents (MW-WWW-DWS-PRO-002-001). Master copies of documentation are signed by the Document Author and the Final Approver and provided to the Water & Wastewater Services Coordinator. The Water & Wastewater Services Coordinator ensures that all hard-copy and soft-copy master documents are safely stored and protected from damage, deterioration and unintended circulation. As documentation is revised, any old master hard-copies are disposed of and replaced with the new version; soft-copies of documentation are archived and retained as specified in the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001). The Water & Wastewater Services Coordinator creates a read-only version of the electronic document and saves it to the City’s U: drive (U:\DWQMS). Operating Authority staff members who have computer accesses/logins can view soft copies of documentation at this location. Electronic copies of master documentation are controlled by the Water & Wastewater Services Coordinator and are protected from distribution or editing. The Water & Wastewater Services Coordinator prints the required number of controlled copies of the document and ensures that they are distributed according to the DWQMS Document Control Matrix (MW-WWW-DWS-LM-002-001 – see Appendix A). Obsolete versions of documentation are marked as “OBSOLETE”, removed from circulation, and archived or shredded. Page 113 of 358 Page 252 of 640Page 114 of 355 Page 561 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 10 DO NOT PHOTOCOPY 5.2 Control of Records A procedure has been developed which outlines record control processes for the Operating Authority. DWQMS Control of Records (MW-WWW-DWS-PRO-003-001 – see Appendix A) specifies processes for the collection, identification, storage, maintenance, protection, retention and disposal of DWS-related records at the City of Niagara Falls. The Water & Wastewater Services Coordinator holds responsibility for the oversight of record control processes. The DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001– see Appendix A) lists DWS records managed under this procedure. Each record profile within the Matrix lists the record name, minimum record retention time, record owner (i.e., person responsible for the record), and physical form of storage including the storage location(s). Where required by legislation and/or regulations, DWS records are made available for review by customers and/or stakeholders. Once the indicated minimum retention time has been reached, drinking-water system records are destroyed. Records should be disposed by the end of the calendar year in which their minimum retention time elapses, as stated in DWQMS Record Control Matrix (MW-WWW- DWS-LM-003-001– see Appendix A) Page 114 of 358 Page 253 of 640Page 115 of 355 Page 562 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 11 DO NOT PHOTOCOPY 6.0 Drinking Water System 6.1 General The City of Niagara Falls owns and operates the Niagara Falls Distribution System (Niagara Falls DWS). This is a distribution system only; water treatment falls outside of the scope of City operations. The City receives its treated drinking-water from the Niagara Falls Water Treatment Plant (Niagara Falls WTP), which is owned and operated by Niagara Region. The Niagara Falls DWS distributes drinking water to approximately 38,000 households and 92,069 residents4 through approximately 485 km of City-owned and 50 km of Regionally owned watermains. The service area is bounded by the Town of Niagara-on-the-Lake to the north, Garner Road to the west, Weinbrenner Road to the south, and the Niagara River to the east as shown in the Niagara Falls DWS Map (MW-WWW-DWS-VIS-001-002). Letter of Understanding A “Memorandum of Understanding – Water Servicing” (April 21, 2016) exists between Niagara Region and the City of Niagara Falls that documents activities and processes undertaken to ensure the continued supply, operation, and delivery of water services to City residents and customers. This Letter of Understanding outlines the following: Ownership of Infrastructure: The Region is understood to own and operate all drinking- water system infrastructure up to and including the first valve on any connections to Regionally owned transmission mains. Supply Requirements: Supply requirements are outlined including quantity of water to be delivered by Niagara Region, system pressure requirements, and operation and continued supply. Maintenance Requirements: Outlined requirements provide details of watermain break protocols, communication of system isolation and watermain flushing activities. Water Quality Requirements: Details include potable water/drinking water quality requirements, water testing requirements, and requirements for sharing of test results and adverse water quality event notifications. It is stated that potable/drinking water quality shall meet or exceed all regulatory requirements, operational guidelines, and aesthetic objectives as detailed in the Ontario Drinking Water Standards. Emergency Response Requirements: Outlined are requirements for contingencies, responsibilities, and support requests/contact list availability. Plans for Emergency Response Procedures must be shared with all parties and maintained and updated as required. 4 Service population data as per 2021 Census. Page 115 of 358 Page 254 of 640Page 116 of 355 Page 563 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 12 DO NOT PHOTOCOPY 6.2 Niagara Falls Water Treatment Plant (WTP) The Niagara Falls DWS receives its water from the Niagara Falls WTP. While the City is not responsible for the treatment of water, a description of the Niagara Falls WTP is included for informational purposes. Owned and operated by Niagara Region, the Niagara Falls WTP is a water intake and treatment facility serving the City of Niagara Falls, the City of Thorold (via the City of Niagara Falls and Niagara Region), and the Town of Niagara-on-the-Lake (also via the City of Niagara Falls and Niagara Region). The facility is rated at a maximum capacity of 145 ML/day. Raw water is introduced via a 1,200mm diameter intake pipe extending approximately 140 m from the Welland River. Water treatment processes include pre-chlorination, conventional screening, coagulation, flocculation, sedimentation, filtration, ultra-violent disinfection, and post-chlorination. The water then travels through a high lift pumping station before transfer to Niagara Region’s transmission system. Two Regionally owned water storage facilities, the Kent Avenue Reservoir and the Lundy’s Lane Elevated T ank, store treated water for City distribution. 6.3 Niagara Falls WTP Source Water Raw water for the Niagara Falls WTP is drawn from the Welland River at the mouth of the Niagara River; this location is locally known as Chippawa Creek. The intake pipe is lo cated at an approximate depth of 5.5m. Source water characteristics are outlined in Table 6-1 as follows5: Table 6-1: Niagara Falls WTP Source Water Characteristics Parameter Minimum (based on 2022 data) Maximum (based on 2022 data) Average (based on 2022 data) Turbidity (NTU) 0.155 174 5.84 pH 7.65 8.81 8.27 Temperature (ºC) 0.000 25.2 11.5 6.4 Niagara Falls DWS The Niagara Falls DWS includes two treated water storage facilities: the Lundy’s Lane Elevated Tank (capacity: 2.455ML) and the Kent Avenue Reservoir (capacity: 20.4ML); the latter of these also houses a pumping and re-chlorination station. All of these storage and pumping facilities are owned and operated by Niagara Region. The City of Niagara Falls does not complete any additional pumping, treatment, or re-chlorination activities. 5 Source: Regional Municipality of Niagara Page 116 of 358 Page 255 of 640Page 117 of 355 Page 564 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 13 DO NOT PHOTOCOPY The Niagara Falls WTP connects to the City’s DWS via three trunk watermains. These include a 675mm watermain that services the City’s tourist area, a 750mm watermain that supplies the Lundy’s Lane Elevated Tank, and a 1050mm watermain that supplies the Kent Avenue reservoir and services areas west of the QEW. Niagara Region owns and maintains a total of approximately 50 km of trunk watermain within City boundaries as referenced in the Niagara Falls DWS Map (MW-WWW-DWS-VIS-001-002). The Region has two chlorine booster stations located at Stanley Avenue (at Highway 405) and Brown Road (at Thorold Townline Road). The City operates two bulk water filling stations on Stanley Avenue: one is located at the Municipal Service Centre and the other is located at Chippawa Parkway and Stanley Avenue. The City does not complete any treatment or rechlorination activities. There are approximately 32,600 City-owned water meters in the Niagara Falls DWS. The City’s DWS infrastructure includes approximately 485 km of watermains, 3,120 fire hydrants and 5,070 valves. City watermains range in size from 25mm to 450mm, and approximately 97% of these are between 100mm and 300mm in diameter. An estimated 52% of the City’s watermains are constructed poly vinyl chloride and 27% in cast iron with the majority of the remaining watermains constructed in ductile iron, asbestos cement or polyethylene. 6.5 System Cross Points and Interconnections The City of Niagara Falls’ drinking water system includes the following Regional and intermunicipal connections as listed in Table 6-2 below: Table 6-2: Niagara Falls DWS Connections From To Niagara Falls WTP (Regional) Niagara Falls DWS (City-Owned) (over 110 connections as noted on map) Niagara Falls DWS (City-Owned) Niagara-on-the-Lake DWS (Mewburn Road at City Limits) Niagara Falls DWS (City-Owned) Bevan Heights DWS – Niagara-on-the-Lake (Niagara Townline Road at Melrose Drive) Niagara Falls DWS (City-Owned) Niagara Region (Brown Road at Garner Road) – transmission to Port Robinson (City of Thorold) Niagara Falls DWS (City-Owned) Niagara Region (McLeod Road at Montrose) – transmission to City of Thorold Page 117 of 358 Page 256 of 640Page 118 of 355 Page 565 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 14 DO NOT PHOTOCOPY 6.6 Description of Niagara Falls DWS Water Source Treated water from the Niagara Falls WTP serves as the drinking-water source for the Niagara Falls DWS. The quality of the drinking water leaving the WTP must meet or exceed all regulatory requirements. Regional data reflecting turbidity and chlorine residual levels at WTP discharge is provided to the City on a weekly basis as per the “Letter of Understanding – Water Servicing” (see Section 6.1). 6.7 Common Event-Driven Fluctuations As the City of Niagara Falls is not responsible for water treatment, the City’s operations are not directly impacted by fluctuations in raw water quality. Event-driven fluctuations affecting raw water quality, such as storms, do not typically affect the City’s operation of the drinking-water distribution system as the impacts of these fluctuations are managed by the Region at the treatment stage. Water volume has not been an issue in past for the City. The Niagara River serves as the raw water source for the Niagara Falls WTP, and river levels do not fluctuate to a degree that would compromise WTP operations. The two Regionally owned and operated treated water storage facilities provide a limited backup supply of treated water for the distribution system. In past summers, the City has occasionally experienced a decrease in levels of residual chlorine in the distribution system. The City has seen a significant improvement in chlorine residuals since the Region increased chlorine dosing at the Niagara Falls WTP and installed a chlorine booster station at the Kent Avenue Reservoir. Monitoring practices are in place to ensure that levels do not drop below regulatory limits. 6.8 Operational Challenges The City does not experience any significant operational challenges related to the fluctuations identified in Section 6.7 above. Niagara River / Welland River (Raw Water) City of Niagara Falls Water Distribution System Water Treated at Niagara Falls WTP Page 118 of 358 Page 257 of 640Page 119 of 355 Page 566 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 15 DO NOT PHOTOCOPY 7.0 Risk Assessment A procedure has been created to describe the City of Niagara Falls’ DWQMS Risk Assessment process. DWQMS Risk Assessment (MW-WWW-DWS-PRO-004-001 – see Appendix A) documents the process for completing the City of Niagara Falls’ DWQMS Risk Assessment, including the legislative, regulatory and internal requirements for this risk assessment and the criteria for assessing risk. Members of the City’s Risk Assessment Team are outlined in DWQMS Risk Assessment (MW-WWW-DWS-PRO-004-001). Before the risk assessment is initiated, the Risk Assessment Team reviews the description of the drinking-water system contained in the Operational Plan and identifies high-risk and/or high quantity users of drinking water to ensure their unique requirements are taken into account, where required, in completing the risk assessment. The Risk Assessment Team then examines the City’s drinking water system for potential hazards6 that could compromise the performance of the system and/or the quality of the drinking water. The Risk Assessment Team evaluates each identified hazard against evaluation criteria outlined in DWQMS Risk Assessment (MW-WWW-DWS-PRO-004-001). The Team assesses the likelihood of the occurrence of the hazard, the consequences of the hazard’s effects, and the detectability of the hazard were it to occur. In 2017, the MECP developed a guidance document titled “Potential Hazardous Events for Municipal Residential Drinking Water Systems” (to Consider in the DWQMS Risk Assessment), which suggested to include: long term impacts of climate change; wa ter supply shortfall; extreme weather events (e.g., tornado, ice storm); sustained extreme temperatures (e.g., heat wave, deep freeze); chemical spill impacting source water; terrorist and vandalism actions; sustained pressure loss and backflow events in t he DWQMS Risk Assessment. These potential events have and will continue to be considered for all post 2017 Risk Assessments. In 2022 the MECP developed an additional guidance document which speaks to managing risk, titled “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment”, which reiterated to consider all risks noted in the 2017 document, with the addition of Cybersecurity Threats. This potential event will be considered in all post 2022 Risk Assessments. Hazards with greater Risk Ratings are evaluated to determine whether a Critical Control Point (CCP) can be established at the hazard location. Where a CCP is identified, critical control limits and monitoring/response procedures are developed to ensure that rapid action can be taken to eliminate or reduce the hazard when it is identified. Regardless of Risk Rating, any hazards relating to disinfection processes are identified as CCPs. The DWQMS Risk Assessment is reviewed once every calendar year by the DWQMS Risk Assessment Team. Once every thirty-six months a new Risk Assessment is completed. Details of these reviews and reassessment processes are contained in DWQMS Risk Assessment (MW-WWW-DWS-PRO-004-001). 6 For the purposes of this Section, “hazard” is understood to mean “hazard and/or hazardous event”. Page 119 of 358 Page 258 of 640Page 120 of 355 Page 567 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 16 DO NOT PHOTOCOPY 8.0 Risk Assessment Outcomes The City of Niagara Falls’ most recent DWQMS Risk Assessment was completed on November 29th, 2022. Results of the Risk Assessment are documented in Appendix B of this Operational Plan. All hazards7 were identified, assessed, and addressed according to Section 7.0 of this Operational Plan and the City’s DWQMS Risk Assessment procedure (MW-WWW- DWS-PRO-004-001). The City’s Critical Control Limit Monitoring and Response SOPs can be found in Appendix C unless otherwise noted and include monitoring and response requirements for critical control limit exceedances. These SOPs are identified as follows: Watermain Break Repair (MW-WWW-DWS-SOP-011-001) Winter Inspection – Black Ring Hydrants (MW-WWW-DWS-SOP-011-012) Hydrant – Inspection, Flushing and Repair (MW-WWW-DWS-SOP-011-014) Hydrant – Painting (MW-WWW-DWS-SOP-011-015) Hydrant – Thawing Frozen Hydrants (MW-WWW-DWS-SOP-011-016) Microbiological Sampling – Weekly Sampling (MW-WWW-DWS-SOP-012-003) Microbiological Sampling – Main Break Site (MW-WWW-DWS-SOP-11-033) Water Service – Scheduled and Emergency Repair/Replacement (MW-WWW-DWS- SOP-011-009) Adverse Water Quality Incident Reporting – O. Reg. 170-03 (MW-WWW-DWS-SOP- 012-001) Chlorine Residual Sampling (MW-WWW-DWS-SOP-012-004) Lead Sampling (MW-WWW-DWS-SOP-012-005) Suspected Backflow or Cross Connection (MW-WWW-DWS-SOP-014-002) 7 For the purposes of this Section, “hazard” is understood to mean “hazard and/or hazardous event”. Page 120 of 358 Page 259 of 640Page 121 of 355 Page 568 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 17 DO NOT PHOTOCOPY 9.0 Organizational Structure, Roles, Responsibilities and Authorities 9.1 DWQMS Organizational Structure The DWQMS Organizational Chart for the City of Niagara Falls’ DWS is shown in Figure 9-1 below. Figure 9-1: DWQMS Organizational Chart The DWQMS Organizational Chart is reviewed on an annual basis, and may be reviewed more frequently if significant organizational changes occur within the Operating Authority. 9.2 DWQMS Roles, Responsibilities and Authorities The DWQMS Roles, Responsibilities and Authorities Matrix (MW-WWW-DWS-LM-005- 001 – see Appendix A) outlines the roles, responsibilities, and authorities of drinking-water system personnel at the City of Niagara Falls. The descriptions contained within this matrix are not intended to be comprehensive descriptions of Water Section roles within the City’s Municipal Works Department; rather, the descriptions highlight only those responsibilities relating to the operation & maintenance of the City’s drinking-water system. Job descriptions are to be observed as the primary source for inclusive summaries of the listed roles. Page 121 of 358 Page 260 of 640Page 122 of 355 Page 569 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 18 DO NOT PHOTOCOPY 10.0 Competencies A procedure has been developed to outline processes followed by Operating Authority staff in planning, scheduling, and tracking training activities. DWQMS Competencies and Training (MW-WWW-DWS-PRO-006-001 – see Appendix A) applies to staff performing work directly affecting drinking water quality (i.e., Certified Water Operators). The DWQMS Competencies Matrix (MW-WWW-DWS-LM-006-001 – see Appendix A) outlines the competencies of those Operating Authority Personnel whose work directly affects drinking-water quality. The descriptions highlight only those required competencies relating to work affecting drinking-water quality; job descriptions are to be observed as the primary source of inclusive summaries for the listed positions. The Water & Wastewater Services Coordinator is responsible for planning and scheduling training and completes this exercise in consultation with Certified Water Operators. Training is planned and scheduled in alignment with the applicable requirements of O. Reg. 128/04. On an annual basis, Water Operators are consulted to identify training topics of interest. Training programs and courses are selected for staff based on training topic, location, and Operator training hour requirements. The Water & Wastewater Services Coordinator maintains records of Operator training. When training activities have been completed, the Water & Wastewater Services Coordinator creates a training record that includes the number of training hours completed, the name of the training provider and trainer, and the number of CEUs obtained (if applicable). Training records can be printed for review upon request. The Water & Wastewater Services Coordinator also maintains a binder for each Operator that includes copies of training certificates, confirmations for upcoming training events, and other hard-copy records. Each Certified Water Operator at the City of Niagara Falls is required to complete the MECP Mandatory Certificate Renewal Course8. Completion of this course is required in order to maintain Drinking Water Operator certification. The course focuses on the essentials of safe drinking water and the maintenance of drinking water quality by ensuring distribution system integrity, and ensures that Water Operators are aware of the relevance of their duties and how they affect safe drinking water. 8 Course is re-designed every 3 years. Page 122 of 358 Page 261 of 640Page 123 of 355 Page 570 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 19 DO NOT PHOTOCOPY 11.0 Personnel Coverage A documented procedure, DWQMS Personnel Coverage (MW-WWW-DWS-PRO-007-001 – see Appendix A), has been developed to document the processes used by the City of Niagara Falls to ensure that adequate staffing & personnel coverage is maintained to effectively operate and manage the DWS. The procedure details measures which are to be followed during regular business hours as well as evenings, weekends, and holidays. A Water & Wastewater Services Supervisor is appointed as the Primary ORO for the City of Niagara Falls’ DWS. In the absence of the appointed Water & Wastewater Services Supervisor (i.e., due to training, vacation, illness, etc.), an appropriately qualified Water & Wastewater Services Supervisor is appointed to act as an alternate ORO for the City. Operator-in-Charge duties are assigned to qualified Certified Water Operators on a rotating basis. For any given date, the Operator-in-Charge is identified in the Operator logbook. Typically, Operator-in-Charge duties are assigned to an appropriately qualified Water & Wastewater Services Supervisor, a lead hand or Underground Service Operator. The Operating Authority operates a day shift year-round. Day shift hours of operation are Monday to Friday, 8:00am – 4:00pm, or 7:00am to 3:00pm, based on operational needs. Certified Operators are identified in Certified Drinking-Water System Personnel (MW- WWW-DWS-LM-007-001) along with the licence held by each operator. Water & Wastewater Services Supervisors are assigned on-call responsibilities on a weekly rotation from November to Mid-April (weather dependant) as per the DWS On-Call Schedule (MW-WWW-DWS-LM-007-002). The On-Call Supervisor is contacted as required for after- hours issues and assumes responsibility for contacting additional Water Operations staff as required for the after-hours response. Where required, staff are contacted for overtime as per the requirements of the Collective Bargaining Agreement. The Department may also request contractor assistance as needed. In the event of a labour disruption affecting the operation of the DWS, non -unionized staff with appropriate Drinking Water Operator Certifications will be assigned to operate the DWS. Additional contractual labour may be acquired to perform work under the supervision of Certified Water Operators, where required. In addition to the above process, in 2021, the MECP amended Ontario Regulations 128/04 and 129/04 via notice #’s 019-3513 and 019-3515 respectively, through the Environmental Registry of Ontario to allow exceptions for Operations staff during times deemed out of ordinary or emergency situations – (e.g., labour disruptions, pandemics etc.). The notices indicated that several provisions would be allowed to be exercised during these times, including (but not limited to): extensions an/or renewals of operators drinking water licences, employing temporary licenced staff from other agencies, permitting professionals with fitting designations (and who have also previously held drinking water licences) to perform operator duties etc. The City operates two bulk water filling stations; these sites are inspected on a weekly basis by qualified Water Operations staff. Page 123 of 358 Page 262 of 640Page 124 of 355 Page 571 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 20 DO NOT PHOTOCOPY 12.0 Communications A procedure, DWQMS Communications (MW-WWW-DWS-PRO-008-001 – see Appendix A), has been developed to outline the processes and methods used by the Top Management of the City of Niagara Falls’ DWS Operating Authority in communicating with the Mayor and Council, Operating Authority staff, DWS Vendors, and the public on matters relating to the City’s drinking water system and drinking water quality. DWQMS Awareness Training has been developed by the DWQMS Implementation Team on behalf of Top Management. This training is used as a tool to communicate fundamentals of the DWQMS to Operating Authority staff and can be presented to other parties as required. Training includes details of the legislative framework of the DWQMS, the purpose and scope of the DWQMS, a review of the Water & Wastewater Services Mission Statement (MW-WWW- DWS-VIS-001-001), details of DWQMS roles and responsibilities, and other information. Details of this training are provided in DWQMS Awareness Training (MW-WWW-DWS-PRO- 006-002– see Appendix A). Top Management communicates the DWQMS to the Owner through presentations at Council Meetings and/or Committee of the Whole meetings, Reports or Update Documents to Council or to the Committee of the Whole, and informal day-to-day communications. Top Management communicates with Operating Authority staff in the operation and maintenance of the drinking-water system in a variety of ways, including but not limited to verbal communication, formal and informal written communication, the development and implementation of DWQMS procedures and policies, provision of DWQMS Awareness Training, communication at meetings, and communication of internal and external audit results. The Operating Authority completes much of its communication with DWS Vendors through the Senior Manager, Water & Wastewater Services. The Manager works with the Water & Wastewater Services Coordinator and the City’s Procurement Department to coordinate communication with DWS Vendors. DWS Vendors whose products or services may affect drinking-water quality are identified and evaluated on an annual basis (refer to Section 13 of this Operational Plan). Top Management and the Operating Authority communicate with the public about the DWQMS via the City of Niagara Falls’ website and through media releases. Copies of the DWQMS Operational Plan are also made available for public review at selected City offices. Page 124 of 358 Page 263 of 640Page 125 of 355 Page 572 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 21 DO NOT PHOTOCOPY 13.0 Essential Supplies and Services The DWQMS Essential Supplies and Services procedure (MW-WWW-DWS-PRO-009-001 – see Appendix A) describes the processes by which the City of Niagara Falls’ DWS Operating Authority identifies the supplies and services that it deems essential to its water-related operations. The procedure also documents the process followed by the Op erating Authority in verifying the quality of the supplies and services insofar as they impact drinking-water quality. The List of Essential DWS Supplies and Services (MW-WWW-DWS-LM-009-001 – see Appendix A) lists Niagara Falls’ drinking-water system essential supplies and services, identifies the primary Vendor (and alternate, where available), and specifies the mode of delivery, desired inventory levels, and reordering thresholds for supplies. The list also identifies the Operating Authority’s minimum quality requirements for each essential supply or service. A Quality Assurance Review of all DWQMS essential supplies and services is undertaken at least once per year. During this review, Vendor performance and supply/service quality is assessed against the minimum quality requirements as identified in the List of Essential DWS Supplies and Services (MW-WWW-DWS-LM-009-001). Each Vendor is rated according to the criteria listed in Table 13-1 below. Table 13-1: Quality Assurance Review - Vendor Rating Criteria Rating Criteria 1 (Good) Vendor/product has relevant certifications (ANSI-NSF, AWWA, etc.). Minimal to no non-conformances have been issued relating to the vendor’s performance or the quality of the supplied good/service. Vendor response to non-conformances is satisfactory. 2 (Adequate) Vendor/product does not have relevant certifications (ANSI-NSF, AWWA, etc.). Several non-conformances have been issued relating to the vendor’s performance or the quality/quantity of the supplied good or service. Vendor response to non-conformances requires improvement. 3 (Action Required) Multiple non-conformances have been issued relating to the vendor’s performance or the quality/quantity of the supplied good or service. Vendor response to non-conformances is unsatisfactory. Wherever action is required with respect to a DWS Vendor (i.e., a rating of 3 is assigned), Top Management and any other affected Managers/Supervisors must be informed. Results of the QA Review are forwarded to Top Management along with any recommendations for Vendor non-conformances, Vendor continual improvement initiatives or Vendor exclusions. Non-conformances may be issued to DWS Vendors. Non-conformances are communicated to Vendors with requested date for response. Vendor nonconformance reports (with corrective actions) are reviewed on an annual basis as part of the Vendor QA Review. Page 125 of 358 Page 264 of 640Page 126 of 355 Page 573 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 22 DO NOT PHOTOCOPY 14.0 Review and Provision of Infrastructure A procedure has been developed to outline the process followed by the City of Niagara Falls in reviewing the adequacy of its drinking-water system infrastructure. DWQMS Review and Provision of Infrastructure (MW-WWW-DWS-PRO-010-001 – see Appendix A) provides details of the infrastructure review process, including review participants, input data and formation of recommendations as input to budgeting processes. The DWS infrastructure review process is shown in Figure 14-1: Figure 14-1: DWQMS Infrastructure Review Compile infrastructure review documentation Assemble DWS Infrastructure Review Team Conduct annual DWS infrastructure review Revise associated documentation Report to Council Annual DWS Infrastructure Reviews Required Members of the City of Niagara Falls’ DWS Infrastructure Review Team are listed in DWQMS Review and Provision of Infrastructure (MW-WWW-DWS-PRO-010-001). The DWS Infrastructure Review Team meets once every calendar year to review the previous year’s operational history and proposed infrastructure rehabilitation plans for the subsequent year. Necessary documents compiled for the annual DWS Infrastructure Review meeting are listed in the DWQMS Review and Provision of Infrastructure (MW-WWW-DWS-PRO-010-001). Where deemed necessary, the Water & Wastewater Services Coordinator may circulate selected documentation to the DWS Infrastructure Review Team in advance of the meeting for their review and consideration. Infrastructure replacement strategies are developed and prioritized based on known water quality issues and ability to maintain fire flows. Other criteria that may be considered include but are not limited to watermain break history, knowledge of watermain C-factor information, lack of redundancy in feeds to system areas, and/or coordination with other proposed infrastructure projects within the City (i.e., roadwork). A Municipal Works Asset & Infrastructure Report is prepared once every calendar year for the Owner. The DWS Infrastructure Review Report is provided to the Owner. Page 126 of 358 Page 265 of 640Page 127 of 355 Page 574 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 23 DO NOT PHOTOCOPY 15.0 Infrastructure, Maintenance, Rehabilitation and Renewal The City of Niagara Falls’ DWS Operating Authority has established several infrastructure maintenance, rehabilitation and renewal programs to protect the integrity of its drinking-water system infrastructure and the quality of its drinking-water. 15.1…Infrastructure Maintenance Programs Table 15-1 (following page) summarizes the drinking-water system infrastructure maintenance programs that are in place at the City of Niagara Falls. Infrastructure maintenance programs are completed according to the levels of service outlined in Table 15-1. Deficiencies are corrected on a priority basis. Deficiencies in fire hydrant function are considered to be of high priority and are repaired as soon as possible. The City of Niagara Falls strives for continuous delivery of clean, safe drinking water. To this end, the City has established Operational Performance Indicators as a means of ensuring the continued performance of its infrastructure and the effectiveness of its maintenance programs. Table 15-1 includes a summary of the Operational Performance Indicators established for each listed infrastructure component. Operational Performance Indicators are established based on unexpected failures in infrastructure, and do not include deficiencies discovered during the completion of routine maintenance programs. Page 127 of 358 Page 266 of 640Page 128 of 355 Page 575 of 1092 Drinking Water Quality Management Standard: Operational Plan MW-WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 24 DO NOT PHOTOCOPY Table 15-1: DWS Infrastructure Maintenance Programs – City of Niagara Falls Infrastructure Component Level of Service Operational Performance Indicator9 Tracking Method Maintenance Activities Frequency Applicable Procedures Watermains Complete emergency watermain break repairs. As required by unplanned emergency events. Watermain Break Repair (MW-WWW-DWS- SOP-011-001) Less than 75 service interruptions permitted per year due to watermain breaks. 8 hours permitted per watermain break event. Work order system Water services Complete emergency water service repairs. As required by unplanned emergency events. Water Service - Scheduled and Emergency Repair/ Replacement (MW- WWW-DWS-SOP- 011-009) 20 service interruptions permitted per year due to water service breaks. 8 hours permitted per water service break event. Work order system Replace water services within road allowance. As planned. Ongoing elimination of substandard services (i.e., galvanized, lead, 5/8” copper, cast-iron, etc.) 100% of known lead water services to be replaced. 8 hours permitted per water service replacement. Work order system Valves & Valve Chambers Exercise valves. 20% of system per calendar year. Valve Turning – 100mm-300mm (MW-WWW-DWS- SOP-011-019) 10 valve seizures permitted per year. 8 hours permitted per valve seizure event. Work order system Inspect valve chambers for deficiencies. At valve operation. 2 valve chamber deficiencies permitted per required use. Work order system 9 Operational Performance Indicators are used to assess and monitor the effectiveness of maintenance programs. This is a requirement of the “DO” portion of the DWQMS Standard; as such, Operational Performance Indicators have not yet been established for all maintenance programs. These will be established during implementation. Page 128 of 358Page 267 of 640Page 129 of 355Page 576 of 1092 Drinking Water Quality Management Standard: Operational Plan MW-WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 25 DO NOT PHOTOCOPY Infrastructure Component Level of Service Operational Performance Indicator9 Tracking Method Maintenance Activities Frequency Applicable Procedures Repair or replace valves. As planned or as required by unplanned emergency events. Distribution Valve Repair (MW-WWW- DWS-SOP-011-017) Distribution Valve Replacement (MW- WWW-DWS-SOP- 011-018) 8 hours permitted per valve replacement or repair event. Work order system Curb Stops & Boxes Repair curb stops and/or curb boxes. As needed. Curb Box Repair – Dig Crew (MW-WWW-DWS- SOP-011-020) Curb Box Repair - Hydrovac (MW-WWW-DWS- SOP-011-021) 4 hours permitted per curb stop or curb box repair event. Work order system Replace curb stops and/or curb boxes. As needed. Curb Stop Replacement (MW-WWW-DWS- SOP-011-022) 8 hours permitted per curb stop or curb box replacement event. Work order system Fire Hydrants Flush and inspect hydrants (City- owned). Once annually. Hydrant Inspection, Flushing and Repair (MW-WWW-DWS- SOP-011-014) Zero adverse water quality incidents permitted as a result of low chlorine residuals. 2 coloured water and/or turbidity complaints permitted per 100 hydrants flushed. Adverse Water Quality Incident records; Customer complaints Repair damaged or malfunctioning As required – resulting from Hydrant Inspection, 6 hours permitted per hydrant Work order Page 129 of 358Page 268 of 640Page 130 of 355Page 577 of 1092 Drinking Water Quality Management Standard: Operational Plan MW-WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 26 DO NOT PHOTOCOPY Infrastructure Component Level of Service Operational Performance Indicator9 Tracking Method Maintenance Activities Frequency Applicable Procedures hydrants inspected defects or water modelling results. Flushing and Repair (MW-WWW-DWS- SOP-011-014) repair event. system Replace irreparable hydrants. As needed (usually planned, but may require emergency replacement). Hydrant Replacement (MW-WWW-DWS- SOP-011-037) 2 weeks permitted per hydrant replacement event. Work order system Inspect and drain/ winterize black- ring hydrants. Annually (fall/winter) and after hydrant use during winter months. Winter Inspection – Black-Ring Hydrants (MW-WWW-DWS- SOP-011-012) 1 bagged hydrant permitted per 10,000 service population. Zero frozen hydrants permitted at time of use. Work order system Hydrant painting As needed. Hydrant – Painting (MW-WWW-DWS- SOP-011-015) Zero hydrants permitted with unmarked flow rates. Work order system Blow-Offs Flush blow-offs. Once annually. Blow-Offs (MW- WWW-DWS-SOP- 011-007) Zero adverse water quality incidents permitted as a result of low chlorine residuals. 2 coloured water and/or turbidity complaints permitted per 100 blow-offs flushed. Adverse Water Quality Incident records; Customer complaints Bulk water stations Inspect bulk water stations Once annually. Bulk Water Station (MW-WWW-DWS- FRM-014-004) No issues identified during bulk water station inspections. Bulk water station checklists Page 130 of 358Page 269 of 640Page 131 of 355Page 578 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 27 DO NOT PHOTOCOPY 15.2…Infrastructure Rehabilitation & Renewal Programs Table 15-2 documents drinking-water system infrastructure rehabilitation and renewal programs in place at the City of Niagara Falls. Table 15-2: DWS Infrastructure Rehabilitation & Renewal Programs – City of Niagara Falls Infrastructure Component Rehabilitation & Renewal Activities Water Meters • Small Water Meter Replacement Program: Life cycle replacement of aging residential or small commercial meters (50mm or smaller). Residential and small commercial meters have a maximum life cycle of 15 years or until they rollover. Backflow Prevention Devices • Backflow Prevention Program in the initiation/development stage. Lead Service Replacement Program • 100% of lead service lines to be replaced up to customer property, as discovered. Page 131 of 358 Page 270 of 640Page 132 of 355 Page 579 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 28 DO NOT PHOTOCOPY 16.0 Sampling, Testing and Monitoring The DWQMS Sampling, Testing and Monitoring procedure (MW-WWW-DWS-PRO-012-001 – see Appendix A) applies to all sampling, testing and monitoring conducted or delegated by the City of Niagara Falls’ Operating Authority as required by the applicable regulations and/or for the operation of the drinking water system. This procedure describes the required distribution system sampling, testing and monitoring activities completed by City of Niagara Falls’ Operating Authority Staff, including the types and numbers of samples required, frequency of sampling and Standard Operating Procedures to be followed. Sampling and monitoring requirements for the City of Niagara Falls Distribution System are identified in DWQMS Sampling, Testing and Monitoring procedure (MW-WWW-DWS-PRO- 012-001). The procedure includes details of regulatory sampling requirements as well as sampling protocols relating to distribution system construction or repair and sampling relating to customer complaints. As per O. Reg. 170/03, selected samples are required to be taken at a point in the system where conditions are most challenging. Where this is a requirement for the sample in question, sample location conditions are also specified in the procedure. Treated water is provided to the City of Niagara Falls by Niagara Region; as such, the City’s Operating Authority Staff are responsible for distribution system sampling as required by O. Reg. 170/03. As per O. Reg. 170/03, Niagara Region is required to conduct raw water and treated water sampling activities. Related sampling requirements for Niagara Region are outlined in O. Reg. 170/03 (in accordance with the Schedules applicable to a “Large Municipal Residential System” that uses surface water as source water). The City of Niagara Falls is responsible to complete distribution system sampling only. Results of selected Regional testing are shared with the City as per the Memorandum of Understanding – Water Servicing between Niagara Region and the City of Niagara Falls (April 21, 2016). In the event of an adverse drinking water test result, the City’s contracted accredited laboratory provides immediate oral notification of the result to the City. The City then provides immediate oral notification to the Niagara Medical Officer of Health and the MECP Spills Action Centre. Further Adverse Water Quality Incident reporting and corrective action procedures are summarized in Adverse Water Quality Incident Reporting – O. Reg. 170-03 (MW-WWW- DWS-SOP-012-001). The Drinking-Water System Annual Report summarizes all drinking-water system sampling and testing results, including any adverse results; this report is prepared and made available to the public by February 28th of each calendar year. The City of Niagara Falls Distribution System Annual Summary Report is prepared and provided for Council review by March 31 st of each calendar year. Page 132 of 358 Page 271 of 640Page 133 of 355 Page 580 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 29 DO NOT PHOTOCOPY 17.0 Measurement and Recording Equipment Calibration and Maintenance A procedure has been developed to describe requirements for the calibration and verification of measurement and recording equipment used by the Operating Authority in the operation of the drinking-water system. DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-WWW-DWS-PRO-013-001 – see Appendix A) outlines required frequencies of calibration/verification, methods to be employed, and personnel responsible for conducting and/or arranging calibrations and verifications and for ensuring their completion. All measurement, monitoring and recording devices owned by the City of Niagara Falls and used in the City of Niagara Falls Distribution System are subject to periodic calibration by Operating Authority Staff and to occasional calibration by the manufacturer, where deemed necessary. DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-WWW-DWS-PRO-013-001) lists the measurement and recording equipment used by the Operating Authority in respect of the drinking-water system and the associated calibration requirements for each piece of equipment. Types of equipment used for DWS sampling, testing and monitoring and included within the scope of this procedure include: Pocket Chlorine Colorimeters; High Range Chlorine Meters; pH Meters; For each equipment type, DWQMS Measurement and Recording Equipment Calibration and Maintenance (MW-WWW-DWS-PRO-013-001) provides information including equipment manufacturer & model number, serial/unit number(s), calibration frequency and relevant SOPs. Page 133 of 358 Page 272 of 640Page 134 of 355 Page 581 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 30 DO NOT PHOTOCOPY 18.0 Emergency Management A procedure has been developed to outline the contents and provisions for use of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS- MAN-014-001). The purpose of Emergency Management (MW-WWW-DWS-PRO-014-001 – see Appendix A) is to identify the emergency response SOPs developed in respect of the City’s DWS, to specify related training and testing requirements, and to outline emergency communication protocols and emergency contacts. The Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW- WWW-DWS-MAN-014-001) includes the documentation listed below. These documents are provided as Appendix D. - Water Quality Complaint Based Sampling (MW-WWW-DWS-SOP-011-034) - Boil Water Do Not Use Water Advisory (MW-WWW-DWS-SOP-014-001) - Suspected Backflow or Cross Connection (MW-WWW-DWS-SOP-014-002) - Source Failure - Widespread Water Loss (MW-WWW-DWS-SOP-014-003) - Suspected Tampering of Distribution System (MW-WWW-DWS-SOP-014-004) - Water Conservation (MW-WWW-DWS-FRM-014-001) - Do Not Use Water Form (MW-WWW-DWS-FRM-014-002) - Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001) - Boil Water Notice and FAQ (MW-WWW-DWS-VIS-014-001) - Critical Users List (MW-WWW-DWS-LM-014-002) - Watermain Break Repair (MW-WWW-DWS-SOP-011-001) - Special Case Contamination (MW-WWW-DWS-SOP-014-005) - Response to Customer Calls By Switchboard (MW-WWW-DWS-SOP-021-001) - Do Not Use Water for Any Purpose Poster (MW-WWW-DWS-VIS-014-002) - Emergency Drinking Water Provision Guideline (MW-WWW-DWS-PRO-014-002) Owner and Operating Authority responsibilities and communication requirements for each emergency scenario are embedded in the respective emergency response procedure. A list of emergency contacts is found in Drinking Water Emergency Contact List (MW- WWW-DWS-LM-014-001 – see Appendix D). The Contact List includes contact information for both internal and external Water Operations contacts that may b e required in an emergency. Emergency training and testing requirements are outlined in Emergency Management (MW- WWW-DWS-PRO-014-001). The Water & Wastewater Services Coordinator is responsible for developing and facilitating emergency response training and/or testing. This may involve presentations, group review of procedures, facilitation of table -top exercises, and/or development of mock drills of emergency scenarios. Training activities may be completed in conjunction with testing activities. Responses to Corporate-level emergencies are documented in the City of Niagara Falls Emergency Plan (Corporate document). Emergencies of a major nature that cannot be Page 134 of 358 Page 273 of 640Page 135 of 355 Page 582 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 31 DO NOT PHOTOCOPY sufficiently managed by Departmental staff, or that require significant external resources, ar e understood to fall within the scope of the City of Niagara Falls Emergency Plan. Similarly, emergencies of a Regional nature are managed according to the Niagara Region Water and Wastewater Emergency Response Plan (external document). 19.0 Internal Audits A procedure has been created to describe the City of Niagara Falls’ QMS Internal Auditing Program & associated processes. DWQMS Internal Auditing (MW-WWW-DWS-PRO-015- 001 – see Appendix A) documents required activities & processes relating to the planning, execution and documentation of DWQMS Internal Audits, including recording of non- conformances and reporting of results to Top Management and the Owner. DWQMS Internal Auditors are appointed to the Internal Audit Team by Top Management, and must achieve and maintain defined competency requirements including the following: Internal Auditors must possess an understanding of both the requirements and the intent of the DWQMS; Internal Auditors must be competent (i.e., must receive Internal Audito r Training); Internal Auditors should have a good knowledge of the drinking-water system operation and of drinking water quality requirements; Internal Auditors must be familiar with the Municipal Works Department’s QMS auditing procedures and protocols. The City of Niagara Falls Distribution System’s QMS must be audited in its entirety once every calendar year. The Water & Wastewater Services Coordinator is responsible for planning and executing the DWQMS Internal Audit, which must occur once every calendar year, with the assistance of the Internal Audit Team. The Water & Wastewater Services Coordinator appoints, or acts as, Lead Auditor for each audit. Internal Auditors must remain objective and impartial throughout the audit process and cannot audit their own work or work areas. Audit conclusions may identify actual or potential non-conformances in current operations or processes, indicating the need for corrective action or preventive action, respectively. Auditors may also suggest potential improvement initiatives. Actual and potential non-conformances must be documented and resolved according to the Operating Authority’s defined Continual Improvement process (refer to Section 21 of this Operational Plan). Completion and effectiveness of corrective and preventive actions are verified by the Lead Auditor or an Internal Audit Team delegate. Upon completion of scheduled internal audits, the Water & Wastewater Services Coordinator (or designate) reviews audit findings and compiles the information for presentation to Top Management as part of the DWQMS Management Review, which must occur once every calendar year (refer to Section 20 of this Operational Plan). Audit findings must be considered in future relevant audits. Page 135 of 358 Page 274 of 640Page 136 of 355 Page 583 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 32 DO NOT PHOTOCOPY 20.0 Management Review DWQMS Management Review (MW-WWW-DWS-PRO-016-001 – see Appendix A) has been developed to document the process followed by Top Management in planning, executing and documenting DWQMS Management Reviews, including provision of feedback to the Operating Authority and reporting of review results to the Owner. The Management Review process ensures that all levels of the organizational structure are kept informed and aware of the DWQMS and DWS performance. The Water & Wastewater Services Coordinator has a significant role in the DWQMS Management Review process, compiling all required input data for presentation to Top Management and attending Management Review meetings as a facilitator. (Required inputs to Management Review are listed in DWQMS Management Review (MW-WWW-DWS-PRO- 016-001). Other City staff may be invited to assist in presenting information to the Management Review Team, or in reviewing the information presented, where they offer additional expertise or insight regarding the subject matter. Top Management is responsible for reviewing the input materials presented and generating outputs as specified in DWQMS Management Review (MW-WWW-DWS-PRO-016-001). Management Review meetings can be conducted as one meeting per year or split into several smaller meetings over the course of the year. Either method is acceptable as long as all required review inputs and agenda items are addressed over the course of the year. DWQMS Management Review outputs must be documented and retained as proof of completion, and results of the Management Review must be communicated to the Owner. Page 136 of 358 Page 275 of 640Page 137 of 355 Page 584 of 1092 Drinking Water Quality Management Standard: Operational Plan MW -WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 33 DO NOT PHOTOCOPY 21.0 Continual Improvement A procedure has been developed to document the process followed to ensure effective resolution of QMS nonconformances. DWQMS Preventive & Corrective Action (MW-WWW- DWS-PRO-017-001 – see Appendix A) is used to address both potential and actual nonconformance’s and includes root cause analysis, identification and implementation of preventive or corrective actions, and verification of their effectiveness. The handling of Adverse Water Quality Incidents (AWQIs) is not included in the scope of the DWQMS Preventive & Corrective Action procedure (MW-WWW-DWS-PRO-017-001). A separate procedure, Adverse Water Quality Incident Reporting – O. Reg. 170/03 (MW- WWW-DWS-SOP-012-001 – see Appendix C) has been developed to document processes for addressing these occurrences. Potential and actual nonconformances are identified through several different means, including but not limited to DWQMS audits, internal and exte rnal communication, monitoring and measurement of QMS performance, employee observations/suggestions, and DWQMS Management Reviews. A DWQMS Preventive and Corrective Action Request Form (MW- WWW-DWS-FRM-017-001) is used to document the non-conformance, the Root Cause Analysis, development & implementation of a Preventive or Corrective Action Plan, and follow- up verification activities. Designated Operating Authority Staff may be delegated to implement preventive or corrective actions. The Water & Wastewater Services Coordinator (or designate) verifies the effectiveness of the preventive or corrective actio n. The Water & Wastewater Services Coordinator is responsible for approving and closing DWQMS Preventive and Corrective Requests and will only do so once the effectiveness of the implemented solution has been verified. The Water & Wastewater Services Coordinator retains completed documentation of DWQMS Preventive & Corrective Action Requests and generates an annual summary of the status of nonconformance’s, preventive actions and corrective actions for presentation as an input to DWQMS Management Reviews. As per Version 2.0 of the DWQMS Standard, Continual Improvement Initiatives are tracked using a database retained by the Water & Wastewater Services Coordinator. Continual Improvement initiatives outside the scope of Preventive and Corrective Action forms are motivated by, but not limited to staff suggestions, municipal best practices, audits, municipal working groups, conferences, subject publications, water professional’s organizations and Ministry published best management practices suggestions. Page 137 of 358 Page 276 of 640Page 138 of 355 Page 585 of 1092 Drinking Water Quality Management Standard: Operational Plan MW-WWW-DWS-OP-001-001 February 2023 This document is CONTROLLED unless otherwise noted. Rev 7, Page 34 DO NOT PHOTOCOPY 22.0 Schedule C Schedule C, below, as per Director’s Directions Safe Drinking Water Act, 2002: Minimum Requirements for Operational Plans Municipal Drinking Water Systems May 2021. Made under the authority of subsection 15 (1) of the Act Page 138 of 358Page 277 of 640Page 139 of 355Page 586 of 1092 MW-WWW-DWS-FRM-017-001 DWQMS Preventive & Corrective Action Request PAR/CAR #:Date: Issued to:Due Date: Issued by: Internal Audit Related DWQMS Element: Management Review Monitoring & Measurement Employee Suggestion Other: Root Cause Identified?Yes/No Details: PREVENTIVE/CORRECTIVE ACTION PLAN Approved by: CLOSURE OF PAR/CAR: DWQMS Preventive (PAR) and Corrective Action Request (CAR) Subject Of Preventive Action Choose from Dropdown Closed Date:Closed by: Recommended Action Verified by: VERIFICATION: Method of Verification: Source of PAR/CAR: This form is CONTROLLED unless otherwise noted. Rev 6 DO NOT PHOTOCOPY Page 1 of 1 Page 139 of 358 Page 278 of 640Page 140 of 355 Page 587 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Niagara Falls Emeregency Response Procedures Manual for Drinking Water MW-WWW-DWS-MAN-014-001 S:\DWQMS_SEC\Eme rgency Response\Emergenc y Response Manual MW-WWW-DWS- MAN-014-001 - Municipal Works Service Centre, Water & Wastewater Services Office - U:\DWQMS\Niagara Falls Emergency Response Procedures Manual for Drinking Water 6 Feb-23 As required Jessica Blanchard N/A Procedures are approved individually Water Operations Manual MW-WWW-DWS-SOP-001-001 S:\DWQMS_SEC various folders - Water &7 Wastewater Services Office 5 Feb-23 As required Jessica Blanchard N/A Procedures are approved individually DWQMS Control of Documents MW-WWW-DWS-PRO-002-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Control of Records MW-WWW-DWS-PRO-003-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Dec-22 As required Jessica Blanchard Adam Allcock System Procedures Top Management and Council Upon Significant Change - Municipal Service Centre, DWQMS Office - U:\DWQMS\DWQMS Operational Plan Operational Plan Manuals DWQMS Operational Plan MW-WWW-DWS-OP-001-001 S:\DWQMS_SEC\Ope rational Plan 7 Jessica BlanchardFeb-23 This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 1 of 9Page 140 of 358Page 279 of 640Page 141 of 355Page 588 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational Plan DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Competencies and Training MW-WWW-DWS-PRO-006-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 7 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Awarness Training MW-WWW-DWS-PRO-006-002 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Personnel Coverage MW-WWW-DWS-PRO-007-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 11 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Communications MW-WWW-DWS-PRO-008-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 9 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Essential Supplies & Services MW-WWW-DWS-PRO-009-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 8 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Review and Provision of Infrastructure MW-WWW-DWS-PRO-010-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Sampling, Testing & Monitoring MW-WWW-DWS-PRO-012-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 9 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Measurement & Recording Equipment Calibration & Maintenance MW-WWW-DWS-PRO-013-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Sep-22 As required Jessica Blanchard Adam Allcock DWQMS Emergency Management MW-WWW-DWS-PRO-014-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 9 Dec-22 As required Jessica Blanchard Adam Allcock City of Niagara Falls Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 2 Nov-22 As required Jessica Blanchard Erik Nickel DWQMS Internal Auditing MW-WWW-DWS-PRO-015-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 11 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Management Review MW-WWW-DWS-PRO-016-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 10 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Corrective & Preventive Action MW-WWW-DWS-PRO-017-001 S:\DWQMS_SEC\Syst em Level Procedures - U:\DWQMS 9 Dec-22 As required Jessica Blanchard Erik Nickel Standard Operating Procedures This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 2 of 9Page 141 of 358Page 280 of 640Page 142 of 355Page 589 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational Plan Watermain Repair Break MW-WWW-DWS-SOP-011-001 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 11 June-22 As required Jessica Blanchard Mike Pullano Flushing the Repaired Watermain MW-WWW-DWS-SOP-011-002 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano Tapping - Large Tapping Machine MW-WWW-DWS-SOP-011-003 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano Tapping New Services - 1" - 2" - PVC & Polyethylene Watermain MW-WWW-DWS-SOP-011-004 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano Tapping for 20-50mm (3/4" - 1") - Cast Iron Ductile Watermain MW-WWW-DWS-SOP-011-005 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano Blow-Offs MW-WWW-DWS-SOP-011-007 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano New Water Services - 20, 25, 40 & 50mm MW-WWW-DWS-SOP-011-008 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano Water Service - Scheduled and Emergency Repair/ Replacement MW-WWW-DWS-SOP-011-009 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano Water Service Shut-Offs MW-WWW-DWS-SOP-011-010 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 June-22 As required Jessica Blanchard Mike Pullano General Site Identification and Notification MW-WWW-DWS-SOP-011-011 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Winter Inspection - Black Ring Hydrant Procedure MW-WWW-DWS-SOP-011-012 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Hydrant - Inspection, Flushing, and Repairs MW-WWW-DWS-SOP-011-014 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 9 July-22 As required Joe Gugliotta Mike Pullano Hydrant - Painting MW-WWW-DWS-SOP-011-015 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Hydrant - Thawing Frozen MW-WWW-DWS-SOP-011-016 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 3 of 9Page 142 of 358Page 281 of 640Page 143 of 355Page 590 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational Plan Distribution Valve Repair MW-WWW-DWS-SOP-011-017 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Distribution Valve Replacment MW-WWW-DWS-SOP-011-018 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Valve Turning - 100 - 300mm MW-WWW-DWS-SOP-011-019 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Curb Box Repair - Dig Crew MW-WWW-DWS-SOP-011-020 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Curb Box Repair - Hydrovac MW-WWW-DWS-SOP-011-021 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 3 July-22 As required Jessica Blanchard Mike Pullano Curb Stop Replacement MW-WWW-DWS-SOP-011-022 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Water Meter Change Outs MW-WWW-DWS-SOP-011-023 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Dec-22 As required Andrew Carruthres Jessica Blanchard Water Meter Inspections, Responding to Customer Complaints MW-WWW-DWS-SOP-011-025 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Dec-22 As required Andrew Carruthres Jessica Blanchard General Work Procedures MW-WWW-DWS-SOP-011-028 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Water Sample Station Installation MW-WWW-DWS-SOP-011-031 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Equipment and Tool Disinfection MW-WWW-DWS-SOP-011-032 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Microbiological Sampling - Following Mainbreak MW-WWW-DWS-SOP-011-033 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 9 July-22 As required Jessica Blanchard Mike Pullano Water Quality Complaint Based Sampling MW-WWW-DWS-SOP-011-034 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano Hydrant Replacement MW-WWW-DWS-SOP-011-037 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 July-22 As required Jessica Blanchard Mike Pullano This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 4 of 9Page 143 of 358Page 282 of 640Page 144 of 355Page 591 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational Plan Excavation Procedure MW-WWW-DWS-SOP-011-040 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Aug-22 As required Jessica Blanchard Mike Pullano Encountering Contaminated Soil MW-WWW-DWS-SOP-011-042 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Sept-22 As required Jessica Blanchard Adam Allcock Low Pressure Invesitgation MW-WWW-DWS-SOP-011-044 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Sept-22 As required Jessica Blanchard Mike Pullano Water Service Chlorine Residual MW-WWW-DWS-SOP-011-045 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Sept-22 As required Jessica Blanchard Mike Pullano Trench Projects MW-WWW-DWS-SOP-011-047 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 1 Sept-22 As required Jessica Blanchard Mike Pullano Installing New Water Services with Municipex MW-WWW-DWS-SOP-011-048 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 1 22-Dec As required Jessica Blanchard Mike Pullano Adverse Water Quality Incident Reporting O. Reg 170/03 MW-WWW-DWS-SOP-012-001 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 8 Dec-22 As required Jessica Blanchard Mike Pullano THM Sampling MW-WWW-DWS-SOP-012-002 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Sept-22 As required Jessica Blanchard Mike Pullano Microbiological Sampling - Weekly Sampling MW-WWW-DWS-SOP-012-003 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 9 Sept-22 As required Jessica Blanchard Mike Pullano Chlorine Residual Sampling MW-WWW-DWS-SOP-012-004 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Sept-22 As required Jessica Blanchard Mike Pullano Lead Sampling MW-WWW-DWS-SOP-012-005 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Nov-22 As required Jessica Blanchard Mike Pullano HAA Sampling MW-WWW-DWS-SOP-012-006 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 1 Sept-22 As required Jessica Blanchard Mike Pullano Adverse Water Quality Incident Reporting O. Reg 319/08 MW-WWW-DWS-SOP-012-007 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 1 Nov-22 As required Jessica Blanchard Mike Pullano Calibration of Portable HACH Colorimeters MW-WWW-DWS-SOP-013-001 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 6 Dec-22 As required Jessica Blanchard Mike Pullano This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 5 of 9Page 144 of 358Page 283 of 640Page 145 of 355Page 592 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational Plan Calibration of Portable pH meters MW-WWW-DWS-SOP-013-002 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 8 Dec-22 As required Jessica Blanchard Mike Pullano Boil Water Advisory MW-WWW-DWS-SOP-014-001 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 9 Sept-22 As required Jessica Blanchard Mike Pullano Suspected Backflow or Cross Connection MW-WWW-DWS-SOP-014-002 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 8 Sept-22 As required Jessica Blanchard Adam Allcock Source Failure - Widespread Water Loss MW-WWW-DWS-SOP-014-003 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 8 Sept-22 As required Jessica Blanchard Adam Allcock Suspected Tampering of the Distribution System MW-WWW-DWS-SOP-014-004 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 8 Sept-22 As required Jessica Blanchard Adam Allcock Special Case Contamination MW-WWW-DWS-SOP-014-005 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 2 Sept-22 As required Jessica Blanchard Adam Allcock Drinking Water System Drawings MW-WWW-DWS-SOP-020-001 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 3 Dec-22 As required Jessica Blanchard Adam Allcock Field and Response to Drinking Water Customer Calls MS-WWW-DWS-SOP-021-001 S:\DWQMS_SEC\Stan dard Operating Procedures - U:\DWQMS 7 Sept-22 As required Jessica Blanchard Mike Pullano Visual Aids Environmental Services Mission Statement (poster)MW-ES-DWS-VIS-001-001 S:\DWQMS_SEC\QM S Policy - City website - U:\DWQMSs 3 Dec-22 As required Divisional Authority Divisional Authority Niagara Falls DWS Map with Urban Boundary MW-WWW-DWS-VIS-001-002 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 3 Jan-23 As required Divisional Authority Divisional Authority DWS Valve Map MW-WWW-DWS-VIS-001-003 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 5 Jan-23 As required Divisional Authority Divisional Authority DWS Hydrant Map MW-WWW-DWS-VIS-001-004 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 5 Jan-23 As required Divisional Authority Divisional Authority DWS Watermain Map with Pipe Dimensions MW-WWW-DWS-VIS-001-005 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 6 Jan-23 As required Divisional Authority Divisional Authority Microbiological Sampling Locatons Group A MW-WWW-DWS-VIS-012-001 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 6 Apr-22 As required Divisional Authority Divisional Authority This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 6 of 9Page 145 of 358Page 284 of 640Page 146 of 355Page 593 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational Plan Microbiological Sampling Locatons Group B MW-WWW-DWS-VIS-012-002 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 6 Apr-22 As required Divisional Authority Divisional Authority Microbiological Sampling Locatons Group C MW-WWW-DWS-VIS-012-003 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 6 Apr-22 As required Divisional Authority Divisional Authority Microbiological Sampling Locatons Group D MW-WWW-DWS-VIS-012-004 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 6 Apr-22 As required Divisional Authority Divisional Authority Microbiological Sampling Calendar MW-WWW-DWS-VIS-012-005 S:\Environmental Services\Microbiolog ical Sample Results - U:\DWQMS 9 Dec-22 Dec-23 Divisional Authority Divisional Authority Boil Water Form and FAQ MW-WWW-DWS-VIS-014-001 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 3 Sept-22 As required Jessica Blanchard Formal approval not required Do Not Use Water Poster MW-WWW-DWS-VIS-014-002 S:\DWQMS_SEC\Lists Matrices and Forms - U:\DWQMS 1 Sept-22 As required Jessica Blanchard Formal approval not required This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 7 of 9Page 146 of 358Page 285 of 640Page 147 of 355Page 594 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational PlanCritical Users Map MW-WWW-DWS-VIS-014-003 S:\DWQMS_SEC - U:\DWQMS 17 Apr-22 As required Jessica Blanchard Formal approval not required Forms Procedure Document Template MW-WWW-DWS-FRM-002-001 S:\DWQMS_SEC S:\DWQMS_SEC 5 Dec-22 As required Jessica Blanchard Formal approval not required Form/List Header Template MW-WWW-DWS-FRM-002-002 S:\DWQMS_SEC S:\DWQMS_SEC 6 Dec-22 As required Jessica Blanchard Formal approval not required Risk Assessment Matrix Form MW-WWW-DWS-FRM-004-001 S:\DWQMS_SEC S:\DWQMS_SEC 15 Nov-22 As required Jessica Blanchard Formal approval not required Water & Wastewater Services Training Needs Survey MW-WWW-DWS-FRM-006-001 S:\DWQMS_SEC S:\DWQMS_SEC 5 Dec-22 As required Jessica Blanchard Formal approval not required DWQMS Vendor Acknowledgement Essential Serivces MW-WWW-DWS-FRM-009-001 S:\DWQMS_SEC S:\DWQMS_SEC 4 Dec-22 As required Jessica Blanchard Formal approval not required Hydrant Report Form MW-WWW-DWS-FRM-011-001 S:\Environmental Services\Administrati on\forms\Water S:\Environmental Services 3 Dec-22 As required Jessica Blanchard Formal approval not required Contractor Costing Form MW-WWW-DWS-FRM-011-004 S:\Environmental Services\Administrati on\forms S:\Environmental Services 3 Dec-22 As required Jessica Blanchard Formal approval not required Capital Project Water Shut Off Advisement Guidance Doc.MW-WWW-DWS-FRM-011-005 S:\DWQMS_SEC\Lis ts Matrices and Forms S:\Environmental Services 3 Dec-22 As required Jessica Blanchard Formal approval not required Lead Sampling Addresses & pH Meter Calibration Log MW-WWW-DWS-FRM-012-001 S:\DWQMS_SEC\Lis ts Matrices and Forms\2022 Updates S:\DWQMS_SEC 1 Dec-22 As required Jessica Blanchard Formal approval not required Water Conservation City Wide MW-WWW-DWS-FRM-014-001 S:\DWQMS_SEC\List s Matrices and Forms S:\DWQMS_SEC 3 Sept-22 As required Jessica Blanchard Formal approval not required Do Not Use Water Form MW-WWW-DWS-FRM-014-002 S:\DWQMS_SEC\List s Matrices and Forms S:\DWQMS_SEC 3 Sept-22 As required Jessica Blanchard Formal approval not required Bulk Water Station Checklist MW-WWW-DWS-FRM-014-003 S:\Environmental Services\Bulk Water Stations S:\DWQMS_SEC 5 Dec-22 As required Jessica Blanchard Formal approval not required Water Conservation Localized MW-WWW-DWS-FRM-014-004 S:\DWQMS_SEC\Lis ts Matrices and Forms S:\DWQMS_SEC 1 Nov-22 As required Jessica Blanchard Formal approval not required DWQMS Internal Audit Checklist MW-WWW-DWS-FRM-015-001 S:\DWQMS_SEC\List s Matrices and Forms S:\DWQMS_SEC 5 Dec-22 As required Jessica Blanchard Formal approval not required DWQMS Management Review Meeting Agenda Checklist MW-WWW-DWS-FRM-016-001 S:\DWQMS_SEC\List s Matrices and Forms S:\DWQMS_SEC 4 Dec-22 As required Jessica Blanchard Formal approval not required DWQMS Management Review Meeting Minutes Template MW-WWW-DWS-FRM-016-002 S:\DWQMS_SEC\List s Matrices and Forms S:\DWQMS_SEC 4 Dec-22 As required Jessica Blanchard Formal approval not required DWQMS Preventive and Corrective Action Request MW-WWW-DWS-FRM-017-001 S:\DWQMS_SEC\List s Matrices and Forms S:\DWQMS_SEC 6 Dec-22 As required Jessica Blanchard Formal approval not required This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 8 of 9Page 147 of 358Page 286 of 640Page 148 of 355Page 595 of 1092 DWQMS Document Control Matrix MW-ES-DWS-LM-002-001 rev 13 Document Name Document Number Master Location (Electronic) Distribution Location(s) Current Revision # Date Last Revised Next Review Date Document Author Document Approver Notes Operational PlanLists & Matrices Document Control Matrix MW-WWW-DWS-LM-002-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 16 Dec-22 Dec-23 Jessica Blanchard Formal approval not required Record Control Matrix MW-WWW-DWS-LM-003-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 9 Dec-22 Dec-23 Jessica Blanchard Formal approval not required DWQMS Roles, Responsibilities & Authorities Matrix MW-WWW-DWS-LM-005-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 7 Dec-22 As required Jessica Blanchard Adam Allcock DWQMS Competencies Matrix MW-WWW-DWS-LM-006-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 6 Dec-22 As required Jessica Blanchard Adam Allcock Certified Drinking Water System Personnel MW-WWW-DWS-LM-007-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 8 Dec-22 Dec-23 Jessica Blanchard Formal approval not required DWS On Call Schedule MW-WWW-DWS-LM-007-002 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 11 Dec-22 Dec-23 Jessica Blanchard Formal approval not required List of Essential Drinking-Water System Supplies & Services MW-WWW-DWS-LM-009-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 11 Nov-22 Nov-23 Jessica Blanchard Formal approval not required Reporting Adverse Water Quality Incidents (AWQI) 170- 03 Quick Contact Reference & Process MW-WWW-DWS-LM-012-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 3 Nov-22 As required Jessica Blanchard Mike Pullano Drinking Water Emergency Contact List MW-WWW-DWS-LM-014-001 S:\DWQMS_SEC\List s Matrices and Forms - U:\DWQMS 11 Nov-22 Nov-23 Jessica Blanchard Formal approval not required This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 9 of 9Page 148 of 358Page 287 of 640Page 149 of 355Page 596 of 1092 DWQMS Record Control Matrix MW-WWW-DWS-LM-003-001 rev 9 Number Name Origin of Record Form of Storage Master Location Minimum Retention Time Responsible Person Disposal Method 1 Municipal Drinking Water License External Hard-copy Service Centre (On Water & Wastewater Services Board) Life of license Water & Wastewater Services Coordinator - 2 Drinking Water Works Permit External Hard-copy Service Centre (On Water & Wastewater Services Board) Life of permit Water & Wastewater Services Coordinator - 3 DWQMS Operational Plan (current and obsolete versions)Internal Electronic S:\DWQMS_SEC\Operational Plan 10 years Water & Wastewater Services Coordinator Archived indefinitely Electronic City server Continually updated Overwritten/ relayered Hard-copy Engineering vault (City Hall)Life of watermain Recycled. 5 Water Models - Existing - Current construction - Long-term changes Internal Electronic H2ONet (City server)Continually updated Infrastructure & Asset Manager Overwritten Hard-copy Engineering, General file (City Hall)Recycled. Electronic City server, laserfiche None. 7 New Watermain Analytical Testing Results (includes subdivisions and capital projects), Form 1 documents External Hard-copy & Electronic Project/ Construction Manager’s Office - binder (hard copy), S:\DWQMS_SEC\Form 1 - MUST HAVE A 10 YEAR RETENTION (electronic copy 10 years Project/ Construction Manager/ WWW Services Coordinator Archived indefinitely Hard-copy Capital projects folder Electronic with associated commissioning project in S:\DWQMS_SEC\Form 1 - MUST HAVE A 10 YEAR RETENTION 9 Biological, sampling & chlorination test plans for new construction Internal Hard-copy & Electronic Project file - Project/ Construction Manager’s office (hard copy), with associated commissioning project in S:\DWQMS_SEC\Form 1 - MUST HAVE A 10 YEAR RETENTION (electronic) Maintained indefinitely Project/ Construction Manager/ WWW Services Coordinator None. 10 Photos of new construction Internal Electronic City server, S-drive (Project directory, "Inspection" folder)Maintained indefinitely Project/ Construction Manager None 11 Engineer's Report Internal Hard-copy Engineering Clerk’s Office 15 years As per 170/3 S. 13. (3) 2 Manager of Engineering Not established 12 Minutes of Risk Assessment meetings Internal Electronic S:\DWQMS_SEC\Risk Assessment 4 years Water & Wastewater Services Coordinator Archived indefinitely 13 Risk Assessment Results Internal Electronic S:\DWQMS_SEC\Risk Assessment 4 years Water & Wastewater Services Coordinator Archived indefinitely Risk Assessment 4 Engineering drawings (design, spacing, sizing) - Watermains - Hydrants - Water valves - Water services Infrastructure & Asset Manager 8 Maintained indefinitely Project/ Construction Manager/ WWW Services Coordinator None. Drinking Water System InternalPressure testing (pre-commissioning of new watermains) 6 MOE Certificates of Approval External Life of infrastructure Internal Infrastructure & Asset Manager This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 1 of 6Page 149 of 358Page 288 of 640Page 150 of 355Page 597 of 1092 DWQMS Record Control Matrix MW-WWW-DWS-LM-003-001 rev 9 Number Name Origin of Record Form of Storage Master Location Minimum Retention Time Responsible Person Disposal Method Drinking Water System 14 Critical control point exceedances & responses Internal Electronic U:\DWQMS (none currently on file)4 years Water & Wastewater Services Coordinator Archived indefinitely This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 2 of 6Page 150 of 358Page 289 of 640Page 151 of 355Page 598 of 1092 DWQMS Record Control Matrix MW-WWW-DWS-LM-003-001 rev 9 Number Name Origin of Record Form of Storage Master Location Minimum Retention Time Responsible Person Disposal Method Drinking Water System 15 Operator & Water Quality Analyst Certificates External Hard-copy Service Centre (posted at front entrance)Validity of license (3 years) Water & Wastewater Services Coordinator Destroyed 16 Water Operator training records Internal or external Electronic & Hard Copy InfoHR database (corporate/safety training): File Cabinet in WWW Supervisor Office area (hard copy training certificates -each operator has personal binder); S:\Environmental Services\Licensing - Staff (electronic tracking docuemnt titled "Staff MOE CEU & OTJ Training 2020 and beyond" Maintained indefinitely Water & Wastewater Services Coordinator None. 17 CSC Meeting Reports Internal Electronic City server, laserfiche Maintained indefinitely Secretary to Council Archived indefinitely 18 CSC Meeting Minutes Internal Electronic City server, laserfiche Maintained indefinitely Secretary to Council Archived indefinitely 19 Customer complaint records Internal Electronic Work order system - Cartegraph 8 and OMS (post 2022)Maintained indefinitely Water & Wastewater Services Coordinator None. 20 Purchase orders Internal Hard-copy Procurement Department 21 Vendor QA Review results Internal Electronic S:\DWQMS_SEC\Essential Service Provider Communication 4 years Water & Wastewater Services Coordinator 4 years 22 Vendor Acknowledgement records Internal Electronic S:\DWQMS_SEC\Essential Service Provider Communication 4 years Water & Wastewater Services Coordinator 4 years 23 Operator logbooks Internal Hard-copy & Electronic Water & Wastewater Supervisors Office Area & Cartegraph 8 and OMS (post 2022) Not established Water & Wastewater Services Supervisors and Coordinator None. 24 Daily Activity Sheet/Timesheet Internal Electronic Cartegraph 8 and OMS (post 2022)5 years Water & Wastewater Services Supervisors and Coordinator None. 25 Maintenance work orders (includes watermains, water services, valves, valve chambers, curb stops/boxes, fire hydrants, blow offs) Internal Hard-copy & Electronic Work order system (Cartegraph 8 and OMS (post 2022))Maintained indefinitely WWW Services Supervisors & Coordinator None. Infrastructure & Asset Manager WWW Supervisors & Coordinator 27 Hydrant flushing data Internal Electronic S:\Environmental Services\Hydrants\Flushing (pre 2021); OMS (post 2021)) Maintained indefinitely WWW Supervisors & Coordinator Not established Competencies/Personnel Coverage Communications Essential Supplies & Services As per Procurement protocols Maintenance & Infrastructure None.Valve-turning data26 Hard Copy & Electronic Hard Copy: Sometimes provided to PM of Capital or Development Works Project; Electronic: Work order system (Cartegraph 8 and OMS (post 2022)) Maintained indefinitelyInternal This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 3 of 6Page 151 of 358Page 290 of 640Page 152 of 355Page 599 of 1092 DWQMS Record Control Matrix MW-WWW-DWS-LM-003-001 rev 9 Number Name Origin of Record Form of Storage Master Location Minimum Retention Time Responsible Person Disposal Method Drinking Water System 28 Hydrant flow data External Hard-copy & Electronic Maintain hydrant flushing data in hard copy log books (pre 2022) and OMS (post 2022), but flow data (pressure drops acroos the system) are obtained by the contractor requesting the work - WWW Services does not have access to this data Not Determined WWW Supervisors & Coordinator 29 Watermain break reports Internal Hard-copy & Electronic Hard Copy: Operator Reports in WWW Services Supervisors Office area; Electronic: Work order system (Cartegraph 8 and OMS (post 2022)) Maintained indefinitely WWW Supervisors & Coordinator Not established 30 Water meter repair records Internal Electronic Work order system (Cartegraph 8 and OMS (post 2021))Maintained indefinitely WWW Supervisors, Coordinator and Clerk Not established 31 On/off water requests Internal Electronic Work order system (Cartegraph 8 and OMS (post 2021))Maintained indefinitely WWW Supervisors, Coordinator and Clerk Not established 32 10-Year Watermain and Water System Sustainability Forecast Internal Electronic U:\OPERATIONAL CONTRACTS AND CAPITAL PROGRAMS Changes tracked and archived annually Infrastructure & Asset Manager Archived indefinitely 33 DWS Infrastructure Review Report Internal Electronic S:\DWQMS_SEC\Infrastructure Review 10 years as per City Retention By Law "project study files" under Planning?) Water & Wastewater Services Coordinator Archived indefinitely 34 Minutes of DWS Infrastructure Review meetings Internal Electronic S:\DWQMS_SEC\Infrastructure Review 10 years Water & Wastewater Services Coordinator Archived indefinitely 35 Chlorine residual test results External Hard-copy & Electronic Binder, WWW Services Supervisors Office area - Hard-copy (chain of custody); S:\Environmental Services\Chlorine Residuals AND OMS (post 2022) - both Electronic 2 years as per 170/3 S. 13 (1)1. i) Water & Wastewater Services Coordinator Archived indefinitely 36 Microbiological test results: total coliform, E. coli, HPC External Hard-copy & Electronic Binder, WWW Services Supervisors Office area - Hard-copy (chain of custody); S:\Environmental Services\Microbiological Sample Results AND OMS (post 2022) - both Electronic 2 years as per 170/3 S. 13 (1) 1. iii) Water & Wastewater Services Coordinator Archived indefinitely 37 Lead testing results External Hard-copy & Electronic Binder, WWW Services Supervisors Office area - Hard-copy (chain of custodies and letters); S:\Environmental Services\Lead AND OMS (post 2022) - both Electronic 6 years as per 170/3 S. 13 (2) 1. i) Water & Wastewater Services Coordinator Archived indefinitely 38 Trihalomethane & Haloacetic Acid testing results External Hard-copy & Electronic Binder, WWW Services Supervisors Office area - Hard-copy (chain of custody); S:\Environmental Services\THM and HAA AND OMS (post 2022) - both Electronic 6 years as per 170/3 S. 13 (2) 1. i) Water & Wastewater Services Coordinator Archived indefinitely Electronic S:\Environmental Services\Administration\Annual and Summary Reports Internet City of Niagara Falls Website 40 Adverse Water Quality Incidents - Test Results - Reporting (Form 2A) - Corrective Actions (Form 2B) Internal Hard-copy Binder: Water & Wastewater Services Supervisors Office area 6 years as Schedule 16 required to be included in annual reports (which are required to maintain for a min of 6 years) None. Drinking-Water System Annual & Summary Reports39 Internal 6 years as per 170/3 S. 13 (2) 3. Water & Wastewater Services Coordinator Archived indefinitely DWS Sampling, Testing & Monitoring Water & Wastewater Services Coordinator This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 4 of 6Page 152 of 358Page 291 of 640Page 153 of 355Page 600 of 1092 DWQMS Record Control Matrix MW-WWW-DWS-LM-003-001 rev 9 Number Name Origin of Record Form of Storage Master Location Minimum Retention Time Responsible Person Disposal Method Drinking Water System 41 Adverse test results - lead testing program Internal Hard-copy Binder: Water & Wastewater Services Supervisors Office area 15 years as per 170/3 S. 13. (3) 1. ii)None. 42 MOE Inspection records Internal Electronic S:\Environmental Services\MOE Inspections 15 years as per 170/3 S. 13. (3) 1. ii) Water & Wastewater Services Coordinator Archived indefinitely 43 Regional sampling data External Electronic S:\Environmental Services\Niagara Falls WTP Results & WWW Services Coordinator Outlook 15 years - should be consistent with the Region record retention on their report. Requested retention requirements form Chippawa Water Treatment Plant Water & Wastewater Services Coordinator Archived indefinitely 44 Calibration records External Hard-copy & Electronic (scanned) Binder - WWW Services Coordinators Office area - Hard-copy & S:\Environmental Services\Administration\Calibration Certificates 4 years Water & Wastewater Services Coordinator Archived indefinitely 45 Emergency response testing records Internal Electronic S:\DWQMS_SEC\Emergency Response\Emergency Response Training 4 years Water & Wastewater Services Coordinator Archived indefinitely 46 Emergency response records Internal Electronic S:\DWQMS_SEC\Emergency Response Accidents are 7 years currently under City By Law (Municipal Works Dept Section) Water & Wastewater Services Coordinator Archived indefinitely Water & Wastewater Services Coordinator Emergency Management Calibration & Verification This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 5 of 6Page 153 of 358Page 292 of 640Page 154 of 355Page 601 of 1092 DWQMS Record Control Matrix MW-WWW-DWS-LM-003-001 rev 9 Number Name Origin of Record Form of Storage Master Location Minimum Retention Time Responsible Person Disposal Method Drinking Water System 47 Internal audit records Internal & External Electronic S:\DWQMS_SEC\Internal Audit 4 years-to look at Corporate audit retention records, as per legal? Water & Wastewater Services Coordinator Archived indefinitely 48 External audit records External Electronic S:\DWQMS_SEC\Accreditation Audit 4 years Water & Wastewater Services Coordinator Archived indefinitely 49 Records of DWQMS Management Review meetings (agendas & checklists) Internal Electronic S:\DWQMS_SEC\Management Review 4 years Water & Wastewater Services Coordinator Archived indefinitely 50 Continual Improvement Intiatives Tracking Internal Electronic S:\DWQMS_SEC\Continual Improvement Not Determined Water & Wastewater Services Coordinator Archived indefinitely 51 Preventive & Corrective Action records Internal Electronic S:\DWQMS_SEC\Corrective Actions (previously maintained indefinitely) 15 years as per 170/3 S. 13. (3) 1. iii) - as it relates to sodium only (Schedule 17-13) Water & Wastewater Services Coordinator Archived indefinitely Following their appropriate retention time, documents are disposed of by way of shredding (for hard copies) and file deletions or placed in a secured archive folder for electronic documents. As indicated in the Control of Records MW-WWW-DWS-PRO-003-001 Records should be disposed by the end of the calendar year in which their minimum retention time elapses. For example, if a record was created on July 25th, 2004 and is to be retained for 5 years, it should be disposed of by December 31, 2009. Management Review Audits Continual Improvement Nfls Plant keeps billing logs for 7 years and Lab work for 10 years This document is CONTROLLED unless otherwise noted.DO NOT PHOTOCOPY Page 6 of 6Page 154 of 358Page 293 of 640Page 155 of 355Page 602 of 1092 DWQMS Roles, Responsibilities & Authorities MW-WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 14 DO NOT PHOTOCOPY 1.0 PURPOSE This matrix outlines the roles, responsibilities and authorities of drinking-water system personnel at the City of Niagara Falls. The descriptions contained within this matrix are not intended to be comprehensive descriptions of Water Section roles within the City’s Municipal Works Department; rather, the descriptions highlight only those responsibilities relating to the operation & maintenance of the City’s drinking-water system. Job descriptions are to be observed as the primary source for inclusive summaries of the listed roles. 2.0 SCOPE This document applies to all staff working in the Water Section of the Department of Municipal Works. 3.0 DEFINITIONS City City of Niagara Falls DWQMS Drinking Water Quality Management Standard DWS Drinking-Water System Quality Management System (QMS) Implementation Team Team that leads the City’s implementation of the QMS. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the QMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management includes the General Manager, Municipal Works. Title: DWQMS Roles, Responsibilities & Authorities Document #: MW -WWW-DWS-LM-005-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 7 No. of Pages: 14 Page 155 of 358 Page 294 of 640Page 156 of 355 Page 603 of 1092 DWQMS Roles, Responsibilities & Authorities MW-WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 14 DO NOT PHOTOCOPY Technical Experts Internal staff or external parties who may be called on to provide advice on specific matters relating to the QMS or DWS. Page 156 of 358 Page 295 of 640Page 157 of 355 Page 604 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 3 of 14 DO NOT PHOTOCOPY 4.0 MATRIX Position Responsibility Authority City of Niagara Falls Mayor & Council (DWS Owners) Overall Role: As representatives of the City’s drinking-water customers, the Mayor and Council are responsible for the complete oversight of the City’s drinking water distribution system, including the DWQMS. DWQMS Roles: Exercise a level of care and diligence in the oversight of the City’s DWS with ultimate responsibility for provision of safe drinking water to the City’s drinking-water customers. Provide DWS resources and infrastructure, as necessary. Delegate Top Management roles, responsibilities and authorities. Endorse the DWQMS Operational Plan and DWQMS Policy, and remain informed about the status of the DWS and DWQMS through communications with Top Management. Ensure compliance with applicable DWQMS legislation and regulations. Ensure that that Operating Authority is accredited according to the requirements of the Safe Drinking Water Act and its Regulations. Approve annual budget for the City of Niagara Falls’ DWS as part of the Municipal Works budget. Chief Administrative Officer Overall Role: Reporting to the Mayor and Council, the Chief Administrative Officer oversees all municipal operations. DWQMS Roles: Provide support & resources to Top Management as required. Recommend annual budget for the City of Niagara Falls’ Department of Municipal Works. Page 157 of 358Page 296 of 640Page 158 of 355Page 605 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 4 of 14 DO NOT PHOTOCOPY Position Responsibility Authority DWQMS Top Management: General Manager, Municipal Works Overall Role: Reporting to the Mayor and Council via the Chief Administrative Officer, Top Management administers a range of services within the Department of Municipal Works, provides an environment for the motivation of personnel in the execution of their duties and offers safe, reliable and cost -effective services to the residents and businesses of the City of Niagara Falls. Recommend annual budget for the City of Niagara Falls’ DWS as part of the Municipal Works budget. DWQMS Top Management (continued): General Manager, Municipal Works & Senior Manager of Water & Wastewater Services DWQMS Roles: Exercise a level of care, diligence and skill in the direction, oversight and evaluation of the City’s DWS with responsibility for the provision of safe drinking water to the City’s drinking-water customers. Ensure compliance with applicable DWQMS legislation and regulations. Ensure that that DWS Operating Authority is accredited according to the requirements of the Safe Drinking Water Act and its Regulations. Provide and/or obtain resources and necessary infrastructure to operate and maintain DWS infrastructure safely and effectively. Approve and endorse the Operational Plan and DWQMS Policy. Conduct annual Management Reviews of the QMS and report results of reviews to the Owner. Communicate with the Owner regarding matters relating to the QMS. Liaise with the City’s Finance Department in development of the DWS Financial Plan. Approve programs, policies, and procedures for the DWQMS. Page 158 of 358Page 297 of 640Page 159 of 355Page 606 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 5 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Coordinator (QMS Representative) Overall Role: Reporting to the Senior Manager of Water & Wastewater Services, the Water & Wastewater Services Coordinator assumes responsibility for the ongoing management of water/wastewater compliance issues. This includes the development, implementation and maintenance of the Quality Management System (QMS) and all responsibilities of the Quality Management System Representative role. Additionally, supervises Water & Wastewater Services staff. DWQMS Roles: Ensure that drinking water system operations are executed in accordance with City requirements and with legislative & regulatory requirements, and that personnel are aware of all applicable legislative and regulatory requirements that pertain to their duties as related to the DWS. Ensure that the QMS is established, implemented and maintained in accordance with requirements of applicable legislation and regulations, the DWQMS, and associated procedures. Create and enforce programs, policies, and procedures for the DWQMS. Enforce legal drinking-water requirements. Request additional resources as required for the DWQMS. Page 159 of 358Page 298 of 640Page 160 of 355Page 607 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 6 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Quality Management Representative (Water & Wastewater Services Coordinator) (continued) Ensure that current versions of DWQMS documentation are used at all times. Report to Top Management and the QMS Implementation Team regarding QMS performance and any need for improvement. Promote awareness of the DWQMS and of staff roles & responsibilities throughout the Operating Authority. Develop and maintain the DWQMS Internal Auditing Program, including oversight of corrective actions identified as a result of internal audits and reporting of audit results to Top Management. Act as liaison between the DWQMS Accreditation Body, the MOE and the City’s Water Operations staff in regards to DWQMS Accreditation Audits and MOE inspections. Prepare reports as required by Provincial Legislation. Ensure that proper notification processes are followed for reporting of Adverse Water Quality Incidents and exceedances, that follow-up requirements are carried out as required, and that all related documentation and records are readily retrievable. Coordinate training & licensing programs including identification of training plans, planning and organization of internal and external training, management of training records, liaison with agencies and partners to design and deliver training programs, tracking of licensing requirements and, where required, delivery of staff training related to the DWQMS and drinking water-related procedures. Participate and facilitate the annual DWS infrastructure review. Participate and facilitate the Quality Assurance Reviews of Essential Supplies and Services. Participate and facilitate the DWQMS Risk Assessment, annual updating activities and re-assessments every three years. Participate in Backflow Prevention and Water Conservation Programs in cooperation with other City departments as required. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 160 of 358Page 299 of 640Page 161 of 355Page 608 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 7 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Quality Management Representative (Water & Wastewater Services Coordinator) (continued) Supervise the City’s union Staff as assigned by the Senior Manager of Water & Wastewater Services, ensuring that their duties are carried out in accordance with all City policies, DWQMS policies & procedures, and relevant legislation & regulations. Assign staff, equipment and materials within the Water & Wastewater Services Section and in cooperation with Water & Wastewater Services Supervisors. Ensures all equipment is maintained according to schedule and all needed supplies are available. Collects, compiles and analyzes all performance measurement data for the section. Oversee processes for public inquiries and complaints to ensure that they are addressed and that resolutions are properly documented. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Senior Manager of Water & Wastewater Services Overall Role: Reporting to the General Manger, Municipal Works, the Senior Manger of Water & Wastewater Services oversees all operations within the Department of Municipal Works, including drinking water system operation. DWQMS Roles: Prepare annual DWS operating budgets in consultation with the Water & Wastewater Services Supervisors and Coordinator. Serve as administrative authority for Water & Wastewater Services, including administration of personnel and budgetary matters. Works with the Water & Wastewater Services Supervisors and Coordinator in the preparation of objectives and performance measurements for the DWS. Administer DWS policy as directed by the General Manager, Municipal Works. Administer budgetary control for Water & Wastewater Services. Distribute resources for programs, procedures or legal/regulatory requirements (within budget). Page 161 of 358Page 300 of 640Page 162 of 355Page 609 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 8 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Senior Manager of Water & Wastewater Services (continued) Overall Role: Reporting to the General Manager, Municipal Works the Senior Manager of Water & Wastewater Services assumes responsibility for the Water & Wastewater Section and the planning, implementation, and monitoring of water distribution and wastewater collection programs to meet the needs of the City of Niagara Falls. DWQMS Roles: Exercise a level of care, diligence and skill in the direction and oversight of the City’s DWS operation. Assist in the preparation of annual operating budgets for the DWS. Supervise Water & Wastewater Services Supervisors, Water & Wastewater Services Supervisor/ORO, and Water & Wastewater Services Coordinator ensuring that their duties are carried out in accordance with all City policies, DWQMS policies and procedures, and relevant legislation & regulations. As required, supervise other Municipal Works staff and resources involved in the operation of the DWS. Ensure that customer complaints relating to the DWS are addressed and resolved in a timely manner and in accordance with relevant DWQMS and/or Corporate procedures. Participate in DWQMS Risk Assessment, annual updating activities and re- assessments every three years. Participate in annual DWS infrastructure review. Participate in Quality Assurance Reviews of Essential Supplies and Services. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Distribute resources for programs, procedures or legal/regulatory requirements (within budget). Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 162 of 358Page 301 of 640Page 163 of 355Page 610 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 9 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Environmental Services Supervisor/ORO Overall Role: Reporting to the Senior Manager of Water & Wastewater Services, the Water & Wastewater Services Supervisor/ORO is responsible for the coordination of DWS activities relating to preventive maintenance, emergency response, dig crews and sampling and testing programs. This includes provision of on-site supervision and adherence to Municipal Works procedures and safety programs. DWQMS Roles: Act as the Primary Overall Responsible Operator for the DWS. Supervise the City’s Certified Water Operators, ensuring that their duties are carried out in accordance with all City policies, DWQMS policies & procedures, and relevant legislation & regulations. Administer DWS programs, including but not limited to drinking water sampling/testing/monitoring, leak detection, hydrant inspection & maintenance, and valve turning. Take appropriate action in the event of adverse water quality incidents. Receive and address DWS-related customer complaints Participate in Quality Assurance Reviews of Essential Supplies and Services as required. Participate in DWQMS Risk Assessments, annual updating activities and re-assessments every three years as required. Supervise work performed by contractors retained by the City. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Ensure that DWS programs are executed as planned, including but not limited to drinking water sampling/testing/monitoring, leak detection, hydrant inspection & maintenance, and valve turning. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 163 of 358Page 302 of 640Page 164 of 355Page 611 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 10 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Supervisors Overall Role: Reporting to the Senior Manager of Water & Wastewater Services the Water & Wastewater Services Supervisors are responsible for the coordination of DWS activities relating to preventive maintenance, emergency response, dig crews and sampling and testing programs. This includes provision of on-site supervision and adherence to Municipal Works procedures and safety programs. DWQMS Roles: Act as Backup Overall Responsible Operator for the drinking-water system (selected Water & Wastewater Services Supervisors only). Supervise the City’s Certified Water Operators, ensuring that their duties are carried out in accordance with all City policies, DWQMS policies & procedures, and relevant legislation & regulations. Administer DWS programs, including but not limited to drinking water sampling/testing/monitoring, leak detection, hydrant inspection & maintenance, and valve turning. Receive and address DWS-related customer complaints, Participate in Quality Assurance Reviews of Essential Supplies and Services as required. Participate in DWQMS Risk Assessments, annual updating activities and re-assessments every three years as required. Supervise work performed by contractors retained by the City. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 164 of 358Page 303 of 640Page 165 of 355Page 612 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 11 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Lead Hand Overall Role: Reporting to the respective Water & Wastewater Services Supervisors, the Environmental Services Lead Hands direct their respective Water Section work crews in the repair, maintenance and construction of the DWS. DWQMS Roles: Coordinate job- and site-specific activities for Certified Water Operators such that the safety of personnel and the public and the integrity of the municipal water supply are protected. Deal with public inquiries as directed by the respective Water & Wastewater Services Supervisor. Ensure preparation & submission of records and/or drawings indicating any changes, repairs, or maintenance activities affecting the drinking-water system. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Water & Wastewater Services Operations Staff Overall Role: Reporting to respective Water & Wastewater Services Supervisors, Operations Staff are responsible for completing maintenance, repair and construction activities related to the drinking-water system in order to ensure the continued delivery of safe, clean drinking-water to the residents and businesses of the City of Niagara Falls. Operations Staff include Underground Service Operators, Truck Drivers & Backhoe Operators, Water & Wastewater Services Maintainers and Labourers. DWQMS Roles: Complete tasks as delegated by the Water & Wastewater Services Supervisor or superior to ensure the continued provision of safe, clean drinking-water to City customers. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 165 of 358Page 304 of 640Page 166 of 355Page 613 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 12 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Senior Manager of Asset Management Overall Role: Reporting to the Manager of Engineering, the Senior Manager of Asset Management is responsible for the development and implementation of the City’s Asset Management Program, including the implementation of the Cartêgraph OMS Work Management System. DWQMS Roles: Ensure that the City’s Asset Management Program is developed for the drinking-water system. Ensure that infrastructure maintenance, repair & renewal activities relating to the DWS are tracked in the City’s Cartêgraph OMS Work Management System. Assist in the preparation of annual capital budgets for the DWS. Participate in annual DWS infrastructure assessments. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Engineering Staff, Department of Municipal Works Overall Role: Engineering Staff are responsible for ensuring that all capital & construction works within the Municipal Works domain are executed and maintained in accordance with City standards & policies as well as legislation, regulations and relevant external agencies. DWQMS Roles: Ensure that the City’s DWS infrastructure is sustained through the initiation of rehabilitation and renewal activities. Maintain the City’s DWS-related infrastructure data. Prepare budget estimates for Capital Works projects relating to the DWS. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 166 of 358Page 305 of 640Page 167 of 355Page 614 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 13 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Clerk Overall Role: Reporting to the Senior Manger, Water & Wastewater Services, the Water & Wastewater Services Clerk maintains the Water & Wastewater Services Section records and responds to all water related inquiries and complaints. DWQMS Roles: Maintain Water & Wastewater Services Section Records. Respond to water related inquiries and complaints. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Service Centre Front Office Staff Overall Role: Provide administrative support for Water & Wastewater Services staff in the City’s Department of Municipal Works. DWQMS Roles: Assist DWS customers with inquiries, complaints and issues by directing them to appropriate Water Section staff or by creating a work order. Maintain records for the Water Section according to established procedures. Assist in the scheduling of customer service appointments. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 167 of 358Page 306 of 640Page 168 of 355Page 615 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 14 of 14 DO NOT PHOTOCOPY 5.0 ASSOCIATED DOCUMENTS Water Operations – Job Descriptions (Corporate documents) 6.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services and other MW Division staff title changes) Summary of Change(s): N/A Page 168 of 358 Page 307 of 640Page 169 of 355 Page 616 of 1092 DWQMS Roles, Responsibilities & Authorities MW-WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 14 DO NOT PHOTOCOPY 1.0 PURPOSE This matrix outlines the roles, responsibilities and authorities of drinking-water system personnel at the City of Niagara Falls. The descriptions contained within this matrix are not intended to be comprehensive descriptions of Water Section roles within the City’s Municipal Works Department; rather, the descriptions highlight only those responsibilities relating to the operation & maintenance of the City’s drinking-water system. Job descriptions are to be observed as the primary source for inclusive summaries of the listed roles. 2.0 SCOPE This document applies to all staff working in the Water Section of the Department of Municipal Works. 3.0 DEFINITIONS City City of Niagara Falls DWQMS Drinking Water Quality Management Standard DWS Drinking-Water System Quality Management System (QMS) Implementation Team Team that leads the City’s implementation of the QMS. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the QMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management includes the General Manager, Municipal Works. Title: DWQMS Roles, Responsibilities & Authorities Document #: MW -WWW-DWS-LM-005-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 7 No. of Pages: 14 Page 169 of 358 Page 308 of 640Page 170 of 355 Page 617 of 1092 DWQMS Roles, Responsibilities & Authorities MW-WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 14 DO NOT PHOTOCOPY Technical Experts Internal staff or external parties who may be called on to provide advice on specific matters relating to the QMS or DWS. Page 170 of 358 Page 309 of 640Page 171 of 355 Page 618 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 3 of 14 DO NOT PHOTOCOPY 4.0 MATRIX Position Responsibility Authority City of Niagara Falls Mayor & Council (DWS Owners) Overall Role: As representatives of the City’s drinking-water customers, the Mayor and Council are responsible for the complete oversight of the City’s drinking water distribution system, including the DWQMS. DWQMS Roles: Exercise a level of care and diligence in the oversight of the City’s DWS with ultimate responsibility for provision of safe drinking water to the City’s drinking-water customers. Provide DWS resources and infrastructure, as necessary. Delegate Top Management roles, responsibilities and authorities. Endorse the DWQMS Operational Plan and DWQMS Policy, and remain informed about the status of the DWS and DWQMS through communications with Top Management. Ensure compliance with applicable DWQMS legislation and regulations. Ensure that that Operating Authority is accredited according to the requirements of the Safe Drinking Water Act and its Regulations. Approve annual budget for the City of Niagara Falls’ DWS as part of the Municipal Works budget. Chief Administrative Officer Overall Role: Reporting to the Mayor and Council, the Chief Administrative Officer oversees all municipal operations. DWQMS Roles: Provide support & resources to Top Management as required. Recommend annual budget for the City of Niagara Falls’ Department of Municipal Works. Page 171 of 358Page 310 of 640Page 172 of 355Page 619 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 4 of 14 DO NOT PHOTOCOPY Position Responsibility Authority DWQMS Top Management: General Manager, Municipal Works Overall Role: Reporting to the Mayor and Council via the Chief Administrative Officer, Top Management administers a range of services within the Department of Municipal Works, provides an environment for the motivation of personnel in the execution of their duties and offers safe, reliable and cost -effective services to the residents and businesses of the City of Niagara Falls. Recommend annual budget for the City of Niagara Falls’ DWS as part of the Municipal Works budget. DWQMS Top Management (continued): General Manager, Municipal Works & Senior Manager of Water & Wastewater Services DWQMS Roles: Exercise a level of care, diligence and skill in the direction, oversight and evaluation of the City’s DWS with responsibility for the provision of safe drinking water to the City’s drinking-water customers. Ensure compliance with applicable DWQMS legislation and regulations. Ensure that that DWS Operating Authority is accredited according to the requirements of the Safe Drinking Water Act and its Regulations. Provide and/or obtain resources and necessary infrastructure to operate and maintain DWS infrastructure safely and effectively. Approve and endorse the Operational Plan and DWQMS Policy. Conduct annual Management Reviews of the QMS and report results of reviews to the Owner. Communicate with the Owner regarding matters relating to the QMS. Liaise with the City’s Finance Department in development of the DWS Financial Plan. Approve programs, policies, and procedures for the DWQMS. Page 172 of 358Page 311 of 640Page 173 of 355Page 620 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 5 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Coordinator (QMS Representative) Overall Role: Reporting to the Senior Manager of Water & Wastewater Services, the Water & Wastewater Services Coordinator assumes responsibility for the ongoing management of water/wastewater compliance issues. This includes the development, implementation and maintenance of the Quality Management System (QMS) and all responsibilities of the Quality Management System Representative role. Additionally, supervises Water & Wastewater Services staff. DWQMS Roles: Ensure that drinking water system operations are executed in accordance with City requirements and with legislative & regulatory requirements, and that personnel are aware of all applicable legislative and regulatory requirements that pertain to their duties as related to the DWS. Ensure that the QMS is established, implemented and maintained in accordance with requirements of applicable legislation and regulations, the DWQMS, and associated procedures. Create and enforce programs, policies, and procedures for the DWQMS. Enforce legal drinking-water requirements. Request additional resources as required for the DWQMS. Page 173 of 358Page 312 of 640Page 174 of 355Page 621 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 6 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Quality Management Representative (Water & Wastewater Services Coordinator) (continued) Ensure that current versions of DWQMS documentation are used at all times. Report to Top Management and the QMS Implementation Team regarding QMS performance and any need for improvement. Promote awareness of the DWQMS and of staff roles & responsibilities throughout the Operating Authority. Develop and maintain the DWQMS Internal Auditing Program, including oversight of corrective actions identified as a result of internal audits and reporting of audit results to Top Management. Act as liaison between the DWQMS Accreditation Body, the MOE and the City’s Water Operations staff in regards to DWQMS Accreditation Audits and MOE inspections. Prepare reports as required by Provincial Legislation. Ensure that proper notification processes are followed for reporting of Adverse Water Quality Incidents and exceedances, that follow-up requirements are carried out as required, and that all related documentation and records are readily retrievable. Coordinate training & licensing programs including identification of training plans, planning and organization of internal and external training, management of training records, liaison with agencies and partners to design and deliver training programs, tracking of licensing requirements and, where required, delivery of staff training related to the DWQMS and drinking water-related procedures. Participate and facilitate the annual DWS infrastructure review. Participate and facilitate the Quality Assurance Reviews of Essential Supplies and Services. Participate and facilitate the DWQMS Risk Assessment, annual updating activities and re-assessments every three years. Participate in Backflow Prevention and Water Conservation Programs in cooperation with other City departments as required. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 174 of 358Page 313 of 640Page 175 of 355Page 622 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 7 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Quality Management Representative (Water & Wastewater Services Coordinator) (continued) Supervise the City’s union Staff as assigned by the Senior Manager of Water & Wastewater Services, ensuring that their duties are carried out in accordance with all City policies, DWQMS policies & procedures, and relevant legislation & regulations. Assign staff, equipment and materials within the Water & Wastewater Services Section and in cooperation with Water & Wastewater Services Supervisors. Ensures all equipment is maintained according to schedule and all needed supplies are available. Collects, compiles and analyzes all performance measurement data for the section. Oversee processes for public inquiries and complaints to ensure that they are addressed and that resolutions are properly documented. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Senior Manager of Water & Wastewater Services Overall Role: Reporting to the General Manger, Municipal Works, the Senior Manger of Water & Wastewater Services oversees all operations within the Department of Municipal Works, including drinking water system operation. DWQMS Roles: Prepare annual DWS operating budgets in consultation with the Water & Wastewater Services Supervisors and Coordinator. Serve as administrative authority for Water & Wastewater Services, including administration of personnel and budgetary matters. Works with the Water & Wastewater Services Supervisors and Coordinator in the preparation of objectives and performance measurements for the DWS. Administer DWS policy as directed by the General Manager, Municipal Works. Administer budgetary control for Water & Wastewater Services. Distribute resources for programs, procedures or legal/regulatory requirements (within budget). Page 175 of 358Page 314 of 640Page 176 of 355Page 623 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 8 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Senior Manager of Water & Wastewater Services (continued) Overall Role: Reporting to the General Manager, Municipal Works the Senior Manager of Water & Wastewater Services assumes responsibility for the Water & Wastewater Section and the planning, implementation, and monitoring of water distribution and wastewater collection programs to meet the needs of the City of Niagara Falls. DWQMS Roles: Exercise a level of care, diligence and skill in the direction and oversight of the City’s DWS operation. Assist in the preparation of annual operating budgets for the DWS. Supervise Water & Wastewater Services Supervisors, Water & Wastewater Services Supervisor/ORO, and Water & Wastewater Services Coordinator ensuring that their duties are carried out in accordance with all City policies, DWQMS policies and procedures, and relevant legislation & regulations. As required, supervise other Municipal Works staff and resources involved in the operation of the DWS. Ensure that customer complaints relating to the DWS are addressed and resolved in a timely manner and in accordance with relevant DWQMS and/or Corporate procedures. Participate in DWQMS Risk Assessment, annual updating activities and re- assessments every three years. Participate in annual DWS infrastructure review. Participate in Quality Assurance Reviews of Essential Supplies and Services. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Distribute resources for programs, procedures or legal/regulatory requirements (within budget). Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 176 of 358Page 315 of 640Page 177 of 355Page 624 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 9 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Environmental Services Supervisor/ORO Overall Role: Reporting to the Senior Manager of Water & Wastewater Services, the Water & Wastewater Services Supervisor/ORO is responsible for the coordination of DWS activities relating to preventive maintenance, emergency response, dig crews and sampling and testing programs. This includes provision of on-site supervision and adherence to Municipal Works procedures and safety programs. DWQMS Roles: Act as the Primary Overall Responsible Operator for the DWS. Supervise the City’s Certified Water Operators, ensuring that their duties are carried out in accordance with all City policies, DWQMS policies & procedures, and relevant legislation & regulations. Administer DWS programs, including but not limited to drinking water sampling/testing/monitoring, leak detection, hydrant inspection & maintenance, and valve turning. Take appropriate action in the event of adverse water quality incidents. Receive and address DWS-related customer complaints Participate in Quality Assurance Reviews of Essential Supplies and Services as required. Participate in DWQMS Risk Assessments, annual updating activities and re-assessments every three years as required. Supervise work performed by contractors retained by the City. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Ensure that DWS programs are executed as planned, including but not limited to drinking water sampling/testing/monitoring, leak detection, hydrant inspection & maintenance, and valve turning. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 177 of 358Page 316 of 640Page 178 of 355Page 625 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 10 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Supervisors Overall Role: Reporting to the Senior Manager of Water & Wastewater Services the Water & Wastewater Services Supervisors are responsible for the coordination of DWS activities relating to preventive maintenance, emergency response, dig crews and sampling and testing programs. This includes provision of on-site supervision and adherence to Municipal Works procedures and safety programs. DWQMS Roles: Act as Backup Overall Responsible Operator for the drinking-water system (selected Water & Wastewater Services Supervisors only). Supervise the City’s Certified Water Operators, ensuring that their duties are carried out in accordance with all City policies, DWQMS policies & procedures, and relevant legislation & regulations. Administer DWS programs, including but not limited to drinking water sampling/testing/monitoring, leak detection, hydrant inspection & maintenance, and valve turning. Receive and address DWS-related customer complaints, Participate in Quality Assurance Reviews of Essential Supplies and Services as required. Participate in DWQMS Risk Assessments, annual updating activities and re-assessments every three years as required. Supervise work performed by contractors retained by the City. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 178 of 358Page 317 of 640Page 179 of 355Page 626 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 11 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Lead Hand Overall Role: Reporting to the respective Water & Wastewater Services Supervisors, the Environmental Services Lead Hands direct their respective Water Section work crews in the repair, maintenance and construction of the DWS. DWQMS Roles: Coordinate job- and site-specific activities for Certified Water Operators such that the safety of personnel and the public and the integrity of the municipal water supply are protected. Deal with public inquiries as directed by the respective Water & Wastewater Services Supervisor. Ensure preparation & submission of records and/or drawings indicating any changes, repairs, or maintenance activities affecting the drinking-water system. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Water & Wastewater Services Operations Staff Overall Role: Reporting to respective Water & Wastewater Services Supervisors, Operations Staff are responsible for completing maintenance, repair and construction activities related to the drinking-water system in order to ensure the continued delivery of safe, clean drinking-water to the residents and businesses of the City of Niagara Falls. Operations Staff include Underground Service Operators, Truck Drivers & Backhoe Operators, Water & Wastewater Services Maintainers and Labourers. DWQMS Roles: Complete tasks as delegated by the Water & Wastewater Services Supervisor or superior to ensure the continued provision of safe, clean drinking-water to City customers. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 179 of 358Page 318 of 640Page 180 of 355Page 627 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 12 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Senior Manager of Asset Management Overall Role: Reporting to the Manager of Engineering, the Senior Manager of Asset Management is responsible for the development and implementation of the City’s Asset Management Program, including the implementation of the Cartêgraph OMS Work Management System. DWQMS Roles: Ensure that the City’s Asset Management Program is developed for the drinking-water system. Ensure that infrastructure maintenance, repair & renewal activities relating to the DWS are tracked in the City’s Cartêgraph OMS Work Management System. Assist in the preparation of annual capital budgets for the DWS. Participate in annual DWS infrastructure assessments. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Engineering Staff, Department of Municipal Works Overall Role: Engineering Staff are responsible for ensuring that all capital & construction works within the Municipal Works domain are executed and maintained in accordance with City standards & policies as well as legislation, regulations and relevant external agencies. DWQMS Roles: Ensure that the City’s DWS infrastructure is sustained through the initiation of rehabilitation and renewal activities. Maintain the City’s DWS-related infrastructure data. Prepare budget estimates for Capital Works projects relating to the DWS. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 180 of 358Page 319 of 640Page 181 of 355Page 628 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 13 of 14 DO NOT PHOTOCOPY Position Responsibility Authority Water & Wastewater Services Clerk Overall Role: Reporting to the Senior Manger, Water & Wastewater Services, the Water & Wastewater Services Clerk maintains the Water & Wastewater Services Section records and responds to all water related inquiries and complaints. DWQMS Roles: Maintain Water & Wastewater Services Section Records. Respond to water related inquiries and complaints. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Service Centre Front Office Staff Overall Role: Provide administrative support for Water & Wastewater Services staff in the City’s Department of Municipal Works. DWQMS Roles: Assist DWS customers with inquiries, complaints and issues by directing them to appropriate Water Section staff or by creating a work order. Maintain records for the Water Section according to established procedures. Assist in the scheduling of customer service appointments. Adhere to all relevant drinking-water legislation and regulations. Adhere to all relevant DWQMS policies and procedures. Authority to perform listed responsibilities. Authority to perform other responsibilities as delegated. Page 181 of 358Page 320 of 640Page 182 of 355Page 629 of 1092 DWQMS Roles, Responsibilities & Authorities MW -WWW-DWS-LM-005-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 14 of 14 DO NOT PHOTOCOPY 5.0 ASSOCIATED DOCUMENTS Water Operations – Job Descriptions (Corporate documents) 6.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services and other MW Division staff title changes) Summary of Change(s): N/A Page 182 of 358 Page 321 of 640Page 183 of 355 Page 630 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 1 of 7 DO NOT PHOTOCOPY 1.0 PURPOSE This matrix outlines the required and desired competencies of Operating Authority Personnel whose work directly affects drinking-water quality. The descriptions contained within this matrix are not intended to be comprehensive descriptions of required competencies within the City’s Water operations; rather, the descriptions highlight only those required competencies relating to work affecting drinking-water quality. Job descriptions are to be observed as the primary source of inclusive summaries for the listed positions. 2.0 SCOPE This document applies to staff of the Water & Wastewater Services Section of the Department of Municipal Works whose work directly affects drinking water quality (i.e., Certified Water Operators). 3.0 DEFINITIONS City City of Niagara Falls DWQMS Drinking Water Quality Management Standard DWS Drinking-Water System Quality Management System (QMS) Implementation Team Team that leads the City’s implementation of the DWQMS. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the DWQMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management includes the General Manager, Municipal Works. Technical Experts Internal staff or external parties who may be called on to provide advice on specific matters relating to the QMS or DWS. Title: DWQMS Competencies Matrix Document #: MW-WWW-DWS-LM-006-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 6 No. of Pages: 7 Page 183 of 358 Page 322 of 640Page 184 of 355 Page 631 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 2 of 7 DO NOT PHOTOCOPY 4.0 MATRIX Position Required Competencies Desired Competencies General Manager, Municipal Works (Member of Top Management) Education & Training: Possess a post-secondary degree or diploma in Engineering (or equivalent education or experience) Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Licensing & Certification: Maintain registration as a Professional Engineer or CET Maintain a valid Class G driver’s licence Customer Service training Communications and/or leadership training Senior Manager, Water & Wastewater Services Education & Training: Possess a University Degree in a related field (or equivalent education or experience) Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Complete Health & Safety training Licensing & Certification: Maintain a valid Class G driver’s licence Customer Service training Communications and/or leadership training Page 184 of 358 Page 323 of 640Page 185 of 355 Page 632 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 3 of 7 DO NOT PHOTOCOPY Position Required Competencies Desired Competencies Water & Wastewater Services Coordinator (QMS Representative) Education & Training: Possess a post-secondary education relating to compliance/environmental programs (or equivalent education/experience) Attend training regarding Internal Audits Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Licensing & Certification: Maintain a valid Class G driver’s licence Customer Service training Communications and/or leadership training WD Level II Certification Water & Wastewater Services Supervisor/ORO Education & Training: Possess an Ontario Secondary School Diploma and a certificate in a management program (or related education or experience) Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Complete Health & Safety training including Trenching, Excavation & Traffic Control, and Confined Space Entry Licensing & Certification: Maintain Drinking-Water Operator Certification for a Municipal Residential Level II Distribution System Maintain a valid Class D driver’s licence with “Z” endorsement for air brakes Backflow Prevention Licence Customer Service training Page 185 of 358 Page 324 of 640Page 186 of 355 Page 633 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 4 of 7 DO NOT PHOTOCOPY Position Required Competencies Desired Competencies Water & Wastewater Services Supervisor Education & Training: Possess an Ontario Secondary School Diploma and a certificate in a management program (or related education or experience) Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Complete Health & Safety training including Trenching, Excavation & Traffic Control, and Confined Space Entry Licensing & Certification: Maintain Drinking-Water Operator Certification for a Municipal Residential Level II Distribution System Maintain a valid Class D driver’s licence with “Z” endorsement for air brakes Backflow Prevention Licence Customer Service training Water & Wastewater Services Lead Hand Education & Training: Possess an Ontario Secondary School Diploma Possess water distribution system repair, maintenance and construction experience Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Complete Health & Safety training including Trenching, Excavation & Traffic Control, and Confined Space Entry Licensing & Certification: Maintain Drinking-Water Operator Certification for a Municipal Residential Level I Distribution System Maintain a valid Class D driver’s licence with “Z” endorsement for air brakes Drinking-Water Operator Certification for a Municipal Residential Level II Distribution System Backflow Prevention Licence Customer Service training Communications training Page 186 of 358 Page 325 of 640Page 187 of 355 Page 634 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 5 of 7 DO NOT PHOTOCOPY Position Required Competencies Desired Competencies Underground Service Operator Education & Training: Possess an Ontario Secondary School Diploma Possess experience in installation, maintenance and repair of underground water distribution systems Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Complete Health & Safety training including Trenching, Excavation & Traffic Control, and Confined Space Entry Licensing & Certification: Maintain Drinking-Water Operator Certification for a Municipal Residential Level I Distribution System Maintain a valid Class D driver’s licence with “Z” endorsement for air brakes Drinking-Water Operator Certification for a Municipal Residential Level II Distribution System Backflow Prevention Licence Customer Service training Communications training Water Meter Repairer Education & Training: Possess an Ontario Secondary School Diploma Be experienced in water meter repair Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Complete training in Customer Service & Communications Complete Health & Safety training including Trenching, Excavation, Confined Space & Traffic Control Licensing & Certification: Maintain a valid Class G driver’s licence Maintain a Water Meter Installer Certificate Obtain a Backflow Prevention Licence 800A Metering Course Page 187 of 358 Page 326 of 640Page 188 of 355 Page 635 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 6 of 7 DO NOT PHOTOCOPY Position Required Competencies Desired Competencies Plumber Education & Training: Possess an Ontario Secondary School Diploma, general plumbing experience and a working knowledge of heating and air conditioning Be able to read design drawings Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Licensing & Certification: Maintain certification as a Drinking- Water Quality Analyst or Drinking-Water Operator Certification for a Municipal Residential Level I Distribution System Maintain a Backflow Prevention Licence Maintain a Provincial Plumber’s Licence and Master Plumber’s Licence (City of Niagara Falls) Maintain a Provincial Steam, Gas and Propane Fitter’s Licence Maintain a valid Class G driver’s licence Drinking-Water Operator Certification for a Municipal Residential Level II Distribution System Customer Service training Communications training Water & Wastewater Services Maintainer Education & Training: Possess an Ontario Secondary School Diploma Possess an excellent knowledge of the City’s DWS Possess an excellent knowledge of relevant legislation & regulations Licensing & Certification: Achieve and maintain a Drinking-Water Certified Operator-in-Training Licence Within 18 months of securing position, achieve and maintain Drinking-Water Operator Certification for a Municipal Residential Level I Distribution System Maintain a valid Class G driver’s licence Drinking-Water Operator Certification for a Municipal Residential Level II Distribution System Customer Service training Communications training Page 188 of 358 Page 327 of 640Page 189 of 355 Page 636 of 1092 DWQMS Competencies Matrix MW -WWW-DWS-LM-006-001 This document is CONTROLLED unless otherwise noted. Rev 6 Page 7 of 7 DO NOT PHOTOCOPY 5.0 ASSOCIATED DOCUMENTS Water Operations – Job Descriptions (Corporate documents) 6.0 REVISION HISTORY Revision No.: 6 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 189 of 358 Page 328 of 640Page 190 of 355 Page 637 of 1092 List of Essential DWS Supplies and Services MW-WWW-DWS-LM-009-001 rev 11 Primary Alternate Treated Water Niagara Falls Water Treatment Plant Continuous N/A N/A as Regulated under the Safe Drinking Water Act, 2002, S.O. 2002, c. 32 and associated Regs Sodium hypochlorite (12% & calcium hypochlorite)Emco Vancor Supply, Niagara Falls Water Treatement Plant, Wolseley Purchased in 1 gallon buckets 4 gallons 8 Gallons - NSF certified - MSDS Dechlorination Emco Vancor, Wolseley Purchased in buckets (containing pucks)1 bucket 1 bucket (due to limited shelf life)- NSF certified - MSDS Laboratory Services Niagara Analytical E3 Laboratories N/A N/A N/A - Must maintain accreditation as per O. Reg. 248/03 pH buffer solutions Water Concepts -HACH Company Kit 1 kit/3 buffer values on hand until expiry N/A - Cannot use expired kits pH meters Water Concepts - Fisher Scientific - Cole Parmer - HACH Company single unit 2 2 -must pass calibration Chlorine kit reagents Water Concepts -Colet Industries -HACH Company Tubs containing 1000 kits Retain more than half of a tub in stock - Cannot use expired kits Colorimeter Calibration Cells Water Concepts HACH Company 1 4-cell pack until expiry N/A HACH meters HACH Company Water Concepts single unit Minimum of one meter on hand at all times (10 in service)N/A - must pass calibration HACH calibration services Water Concepts HACH Company N/A N/A - Calibration as per manufacturer specifications Construction Services N/A N/A N/A - Approved by Council - Requirements listed in tender specifications - Materials used must be NSF-AWWA certified Vehicles (i.e., backhoes, dump trucks, etc.) City of Niagara Falls Internal Fleet List of contractors may be used (Sunbelt Rentals etc.) Contractors have three year tender for equipment rental N/A N/A - Pre-tendered, low bid basis Equipment (i.e. pumps, saws, compaction equipment etc.) Equip Battlefield Sunbelt Rentals N/A N/A N/A - Provide equipment as per specifications - Maximum 2 hour response time for emergency equipment rental Trench Boxes Direct Equipment SOLE SERVICE PROVIDER Rigging and Hoisting Construction Rigging Supplies Inc. SOLE SERVICE PROVIDER Locates for utilities (hydro, gas, etc.) Canadian Locators Inc.PVS N/A N/A N/A - Provide services as per specifications - Maximum 2 hour response time for emergency services Locating equipment (City- owned)Cansel No alternate identified N/A Multiple units available within City departments N/A - NSF-AWWA certified (going to add to next tender that products must meet AWWA - NSF) NEW CONSTRUCTION Provided on individual tender basis Quality Requirements DISINFECTION and DECHLORINATION Supplier/Service Provider WATER SUPPLY **DESPITE RANKING PREFERANCE, PLEASE NOTE THAT VANCOR IS THE ONLY SUPPLIER THAT WILL RESPOND/PROVIDE SUPPLIES AFTER HOURS** Essential Supply or Service Size/Mode of Delivery Minimum Inventory Maximum Inventory SAMPLING, TESTING AND CALIBRATION MAINTENANCE & REPAIR This document is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 1 of 2Page 190 of 358Page 329 of 640Page 191 of 355Page 638 of 1092 List of Essential DWS Supplies and Services MW-WWW-DWS-LM-009-001 rev 11 Primary Alternate Quality RequirementsSupplier/Service Provider WATER SUPPLY Essential Supply or Service Size/Mode of Delivery Minimum Inventory Maximum Inventory Clamps Emco Wolseley, Vancor, Local Area Municipalities Delivered by supplier, individually boxed Inventory of standard sizes maintained - Size 4 (4) - Size 6 (12) - Size 8 (12) - Size 10 (4) - Size 12 (4) - Size 16 (1) Inventory of standard sizes after order; - Size 4 (order individually) - Size 6 (ordered by the dozen) - Size 8 (ordered by the dozen) - Size 10 (order individually) - Size 12 (order individually) - Size 16 (order individually) - NSF-AWWA certified (going to add to next tender that products must meet AWWA - NSF) Valves Wolseley Emco, Vancor, Local Area Municipalities Delivered by supplier, individually packaged Inventory of standard sizes maintained - Size 4 (1) - Size 6 (2) - Size 8 (1) - Size 10 (ordered on use) - Size 12 (ordered on use) Inventory of standard sizes after order; - Size 4 (1) - Size 6 (crate) - Size 8 (1) - Size 10 (1) - Size 12 (1) - NSF-AWWA certified (going to add to next tender that products must meet AWWA - NSF) Pipes Wolseley Emco, Vancor, Corix Water Delivered by supplier, 20 foot lengths Inventory of standard sizes maintained; - Size 4 (ordered on use) - Size 6 (1) - Size 8 (1) - Size 10 (ordered on use) - Size 12 (ordered on use) Inventory of standard sizes after order; - Size 4 (1) - Size 6 (3) - Size 8 (3) - Size 10 (1) - Size 12 (1) - NSF-AWWA certified Service Lines Emco Wolseley 20 foot lengths - must be Rehau product one roll of each 1" and 3/4"three rolls of each 1" and 3/4"- NSF-AWWA certified Couplings Emco Wolseley, Vancor, Corix Water Delivered by supplier, individually boxed Inventory of standard sizes maintained; - Size 4 (2) - Size 6 (2) - Size 8 (2) - Size 10 (2) - Size 12 (2) Inventory of standard sizes maintained; - Size 4 (6) - Size 6 (12) - Size 8 (6) - Size 10 (4) - Size 12 (4) - NSF-AWWA certified Fittings Wolseley Emco, Vancor, Corix Water Delivered by supplier, individually boxed Inventory of standard sizes maintained; - 11 deg (1) - 22 deg (1) - 45 deg (1) - 6" T (1) - 8" T (1) - 10" T (1) - 12" T (1) Inventory of standard sizes maintained; - 11 deg (2) - 22 deg (2) - 45 deg (2) - 6" T (2) - 8" T (2) - 10" T (2) - 12" T (2) - NSF-AWWA certified Hydrants Emco Wolseley, Vancor Delivered by supplier, individually, Supplier also delivers on site as required. Inventory of standard sizes maintained; - Size 4.5 ft (1) - Size 5 ft (2) - Size 5.5 ft (2) - Size 6 ft (2) - Size 6.5 ft (2) - Size 7 ft (1) Inventory of standard sizes maintained; - Size 4.5 ft (1) - Size 5 ft (2) - Size 5.5 ft (2) - Size 6 ft (2) - Size 6.5 ft (2) - Size 7 ft (1) - NSF-AWWA certified Specialty Hydrant Components - Specfically Hardware Components - nuts and bolts Brafasco Fastenal ordered as required Various - as needed various - as needed - NSF-AWWA certified Water Meters Evans Utility & Municipal Products SOLE SUPPLIER Delivered by supplier Inventory of standard sizes maintained: - 4" - NSF-AWWA certified Backflow Devices Marks Plumbing Supply Nobel Picked up from supplier as needed Various - as needed - NSF-AWWA certified -B64-10 Potable Water Hoses Seaway Fluid Power Group No alternate identified Delivered by supplier 1 roll 1 spool This document is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 2 of 2Page 191 of 358Page 330 of 640Page 192 of 355Page 639 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 1 of 7 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to outline processes for the creation, modification, review, approval, distribution, retrieval and protection of drinking-water system documentation within the Department of Municipal Works. 2.0 SCOPE This procedure is to be followed by Municipal Works staff in dealing with any documentation relating to the City’s drinking-water system. This procedure falls under the scope of the Drinking Water Quality Management System. 3.0 DEFINITIONS Document Any written policy, manual, procedure, Standard Operating Procedure, form, visual aid, list, or record. Current Document Most recent approved version of a document. Obsolete Document Document that is not current. Document Number Unique identification number assigned to an editable document according to the document numbering scheme identified in this procedure. Document numbers provide information about the type of document and work area/process to which it applies. Internal Document Document originating from within the City of Niagara Falls (i.e., Standard Operating Procedure). External Document Document originating from outside of the City that is not editable by City staff (i.e., AWWA Standard), however, that may be revised and updated by an external body. Controlled Document Document whose creation, modification, review, approval, distribution, retrieval and protection is governed by this procedure. Controlled documents are identifiable by their “document number”. Divisional Authority Authority within Municipal Works work area/process, i.e.: Assets/Infrastructure: Senior Manager of Asset Management Operational: Senior Manager of Water & Wastewater Services Management System: Water & Wastewater Services Coordinator Form Document, table or check list used to log data. Completed forms are considered to be records. Title: Control of Documents Document #: MW-WWW-DWS-PRO-002-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 10 No. of Pages: 7 Page 192 of 358 Page 331 of 640Page 193 of 355 Page 640 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 2 of 7 DO NOT PHOTOCOPY Manual Compiled set of documentation. A manual may contain a variety of documentation including policy statements, procedures, etc. The manual itself does not require formal approval, as the documents it contains are individually approved. However, the manual is provided with a document control number for tracking & maintenance purposes. Operational Plan Document that outlines the operational processes within a drinking- water system as required by the DWQMS. The Operational Plan contains references to DWQMS system-level procedures. Policy Document that outlines a course of action or guiding principle. Record Written evidence of results achieved or action taken. A record cannot be changed. Examples of records include (but are not limited to) meeting minutes, records of maintenance activities, sampling & testing results, and prepared reports. Record Profile Description of a record including the record name, storage location, retention time, record owner, and physical form of storage (i.e., electronic vs. hard-copy). The DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001) lists the individual record profiles of drinking-water system records. Standard Operating Procedure (SOP) Document that identifies the “who”, “how, “when” and “where” of a detailed process relating to a work task or function. SOPs may be related to a corresponding system-level procedure. System Procedure Document that identifies the “who”, “how, “when” and “where” of a general process relating to a DWQMS Standard element. Visual Aid A pictorial guide that aids in understanding an issue or task. Examples include: videos, maps, presentations, posters, signs. 4.0 RESPONSIBILITIES Mayor & Council Approve and endorse the DWQMS Operational Plan. Approve and endorse departmental policies as required. General Manager, Municipal Works Approve and endorse the DWQMS Operational Plan. Approve DWQMS system-level procedures within the Municipal Works Department. Approve engineering specifications within the Municipal Works Department. Water & Wastewater Services Manager Review the DWQMS Operational Plan. Approve drinking-water SOPs, forms and visual aids within the Municipal Works Department as specified in DWQMS Document Control Matrix (MW-WWW-DWS-LM-002-001). ORO Approve drinking-water SOPs, forms and visual aids within the Municipal Works Department as specified in DWQMS Document Control Matrix (MW-WWW-DWS-LM-002-001). Page 193 of 358 Page 332 of 640Page 194 of 355 Page 641 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 3 of 7 DO NOT PHOTOCOPY Water & Wastewater Services Coordinator Ensure that all aspects of document control are executed according to this procedure. Assign document numbers to new documentation. Protect master copies of documentation. Distribute internal documentation as specified in DWQMS Document Control Matrix (MW-WWW-DWS-LM-002-001). 5.0 PROCEDURE 5.1 Formatting and Identification of Documentation 5.1.1 Controlled system procedures and Standard Operating Procedures (SOPs) are formatted in accordance with the Document Template (MW-WWW-DWS-FRM-002-001). Controlled forms and lists are formatted in accordance with the Form/List Header Template (MW-WWW-DWS- FRM-002-002), wherever possible. 5.1.2 Printable versions of controlled visual aids (i.e., posters, maps, PowerPoint handouts, etc.) include the document title and document number in the bottom right-hand corner of the document, wherever possible. 5.1.3 Copies of electronic documentation intended for distribution are saved to their respective locations as outlined in the Document Control Matrix (MW-WWW-DWS-LM-002-001). File names are structured as “<Document Number> – <Procedure Name> – <rev#>”. 5.2 Document Numbering Processes 5.2.1 The City of Niagara Falls’ drinking-water-related documentation is identified according to the numbering system specified below. (Note: Colours used below are for ease of correlation only, and need not be used in an official document.) <Dept>1 - <Division>2 - <System>3 - <Doc Type>4 - <Category #>5 - <Doc #>6 1. Department For all water-related documentation, the departmental code is MW for “Municipal Works”. 2. Division For all water-related documentation, the divisional code is WWW for “Water & Wastewatwer Services”. 3. System For water-related documentation, the system code is DWS for “Drinking-Water System”. 4. Document Type The following document types are outlined. Additional document types may be identified as needed. Code Document Type Example POL Policy Water & Wastewater Services Mission Statement OP Operational Plan DWQMS Operational Plan MAN Manual Water Distribution System Operations Manual PRO System Procedure DWQMS Risk Assessment Page 194 of 358 Page 333 of 640Page 195 of 355 Page 642 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 4 of 7 DO NOT PHOTOCOPY Code Document Type Example SOP Standard Operating Procedure Hydrant Inspection, Flushing & Repair VIS Visual Aids Posters, maps, schematics, drawings, photos FRM Forms Corrective Action Form LM Lists & Matrices Emergency Contact List, Record Control Matrix 5. Category Number The following categories are outlined with a corresponding number: Category Number Category Number Drinking-Water System - General 001 Sampling, Testing & Monitoring 012 Document Control 002 Equipment Calibration & Maintenance 013 Record Control 003 Emergency Management 014 Risk Assessment & Outcomes 004 Internal Auditing 015 Roles & Responsibilities 005 Management Review 016 Competencies & Training 006 Corrective/Preventive Action & Continual Improvement 017 Personnel Coverage 007 Objectives & Targets 018 Communication 008 Operational Control 019 Essential Supplies & Services, Purchasing, Tenders & Subcontractors 009 Legal Compliance 020 Review and Provision of Infrastructure 010 Customer Service 021 Infrastructure Maintenance, Rehabilitation & Renewal 011 Additional categories and numbers may be identified as needed. 6. Document Number Documents within each code type are assigned a sequential number from 001 onward. EXAMPLES: The Drinking-Water System Operations Manual will be identified as: MW-WWW-DWS-MAN-019-001 and will be filled with the Water & Wastewater Services Mission Statement and various system procedures, standard operating procedures, forms and lists. The third procedure issued for drinking-water system communications will be identified as: MW-WWW-DWS-PRO-008-003 Page 195 of 358 Page 334 of 640Page 196 of 355 Page 643 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 5 of 7 DO NOT PHOTOCOPY An SOP that discusses valve replacement (i.e. infrastructure maintenance) may be identified as: MW-WWW-DWS-SOP-011-009 A “Training Request Form” created as the seventh form in the “Competencies & Training category” may be identified as: MW-WWW-DWS-FRM-006-007 The Water & Wastewater Services Mission Statement will be identified as: MW-WWW-DWS-POL-001-001 and a poster (visual aid) of the Mission Statement could be identified as MW-WWW-DWS-VIS-001-001 5.3 Creation, Review, Approval and Distribution of Documentation 5.3.1 The task of creating internal documentation is delegated to an appropriately-qualified Municipal Works staff member as identified in Table 1. The selection of a Document Author depends on the process or task to be documented and the staff member’s level of expertise in completing the process or task. Table 1: Responsibilities for Creation, Review and Approval of Documentation Document Authors Review – Final Draft Approvals Policies Municipal Works Staff as delegated Director of Municipal Works Top Management/CAO and Council Operational Plan Water & Wastewater Services Coordinator General Manager, Municipal Works and Senior Manager, Water & Wastewater Services Top Management and Council Manuals Water & Wastewater Services Coordinator (compilation) N/A – procedures in manual are individually approved N/A – procedures in manual are individually approved System Procedure Municipal Works Staff as delegated Divisional Authority Director of Municipal Works Standard Operating Procedures Municipal Works Staff as delegated Divisional Authority Environmental Services Manager or ORO, as specified in DWQMS Document Control Matrix (MW-WWW- DWS-LM-002-001). Forms/Lists/Matrices Municipal Works Staff as delegated Divisional Authority Divisional Authority Visual Aids – maps Infrastructure and/or GIS staff Divisional Authority Divisional Authority Visual Aids – other Municipal Works Staff as delegated Divisional Authority Divisional Authority External Documents – Engineering Specifications Vendor or External Consultant Divisional Authority Director of Municipal Works External Documents – Legislation, Standards, Guidelines External Author – Water & Wastewater Services Coordinator responsible for obtaining updates N/A N/A Page 196 of 358 Page 335 of 640Page 197 of 355 Page 644 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 6 of 7 DO NOT PHOTOCOPY 5.3.2 The draft of the document is formatted using the appropriate template or parameters identified in Section 5.1 of this procedure. Before preparing the initial draft of the document, the Document Author consults with the Water & Wastewater Services Coordinator to verify that a new document is required (i.e., that a document does not already exist that outlines the process in question). Once this has been verified, the Water & Wastewater Services Coordinator will assign an appropriate document number according to Section 5.2 of this procedure. The Document Author can then begin to develop the document. 5.3.3 Draft versions of documentation should be stored in the “Draft Documents” folder1. 5.3.4 Review of final drafts and final approval of documentation are completed as specified in Table 1. Revisions to documentation are completed by the Document Author and follow the same approval processes as outlined above. 5.3.5 Master copies of documentation shall be signed by the Document Author and the Final Approver and provided to the Water & Wastewater Services Coordinator. Both the signed hard- copy and the electronic copy must be provided. Under no circumstances are Document Authors, Reviewers or Approvers permitted to retain MS Word or WordPerfect versions of documentation on their personal computers. The Water & Wastewater Services Coordinator is responsible for ensuring that all hard-copy and soft-copy master documentation is safely stored and protected from damage, deterioration and circulation. As documentation is revised, any old master hard-copies are disposed of and replaced with the new version (see Section 5.4 of this procedure). 5.4 Distribution, Protection and Disposal of Documentation The DWQMS Document Control Matrix (MW-WWW-DWS-LM-002-001) outlines distribution and/or storage locations for all soft-copy and hard-copy versions of documentation. 5.4.1 Electronic Distribution: The Water & Wastewater Services Coordinator creates a read-only (i.e., PDF) version of the document and saves it to the City’s U: drive under “U:\DWQMS”. In cases where documents are revised, the old PDF version is deleted from the server and replaced with the new PDF version. Forms applicable to the Water & Wastewater Services Division will be stored in “S:\Environmental Services\ Administration\ Forms”. These forms will remain open for electronic completion, but master copies will be kept secure. Electronic copies of master (editable) documentation are controlled by the Water & Wastewater Services Coordinator2 and are protected from distribution or editing. Obsolete editable versions of master documentation are archived and maintained as per the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001), and are similarly protected from distribution. 1 NOTE: An exception to this rule is observed in cases where specialized software is used to create, revise and maintain the d ocument (i.e., GIS mapping programs, AutoCAD). In such cases, the Divisional Authority will retain control of soft copies. 2 Ibid. Page 197 of 358 Page 336 of 640Page 198 of 355 Page 645 of 1092 Control of Documents MW-WWW-DWS-PRO-002-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 7 of 7 DO NOT PHOTOCOPY 5.4.2 Hard-Copy Distribution: Internal documentation is affixed with a default footer that reads “This document is CONTROLLED unless otherwise noted”. Copies of documents printed by general Operating Authority staff and/or intended for one-time use will be printed with a watermark that reads “UNCONTROLLED”. These documents are not intended for permanent use and should be appropriately discarded when no longer needed. Copies of documents intended for controlled use (i.e., storage in a binder) can only be printed by the Water & Wastewater Services Coordinator (or designate) and will not have the “UNCONTROLLED” watermark. When a document is updated that requires hard-copy distribution (i.e., to binders), the Water & Wastewater Services Coordinator prints the required number of controlled copies of the document and ensures that they are distributed according to the Document Control Matrix (MW-WWW-DWS-LM-002-001). In cases where documents are revised, the Environmental Services Coordinator will remove obsolete versions of documentation from circulation and ensure that they are marked as “OBSOLETE” and/or shredded. Hard copies of obsolete documentation should not be retained unless otherwise indicated in the Control of Records procedure (MW-WWW-DWS-PRO-003-001). 6.0 ASSOCIATED DOCUMENTS DWQMS Document Control Matrix: MW -WWW-DWS-LM-002-001 Control of Records: MW -WWW-DWS-PRO-003-001 DWQMS Record Control Matrix: MW-WWW-DWS-LM-003-001 Document Template: MW-WWW-DWS-FRM-002-001 Form/List Header Template: MW -WWW-DWS-FRM-002-002 7.0 REVISION HISTORY Revision No.: 10 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 198 of 358 Page 337 of 640Page 199 of 355 Page 646 of 1092 Control of Records MW-WWW-DWS-PRO-003-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to outline processes for the collection, identification, storage, maintenance, protection, retention and disposal of drinking-water system records within the Municipal Works Department. 2.0 SCOPE This procedure is to be followed by Municipal Works staff in dealing with any records relating to the City’s drinking-water system. This procedure falls under the scope of the Drinking Water Quality Management Standard. 3.0 DEFINITIONS Record Written evidence of results achieved or action taken. A record cannot be changed. Examples of records include (but are not limited to) meeting minutes, records of maintenance activities completed, sampling & testing results, and prepared reports. Internal Record Record originating from within the City of Niagara Falls (i.e., minutes of an internal meeting). External Records Record originating from outside of the City of Niagara Falls (i.e., MOE Inspection Report). Form Document, table or check list used to log data. Completed forms are considered records. Record Profile Description of a record including the record name, storage location, retention time, record owner, and physical form of storage (i.e., electronic vs. hard-copy). The DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001) lists the individual record profiles of all drinking-water system records. Title: Control of Records Document # MW-WWW-DWS-PRO-003-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 10 No. of Pages 3 Page 199 of 358 Page 338 of 640Page 200 of 355 Page 647 of 1092 Control of Records MW-WWW-DWS-PRO-003-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 2 of 3 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Water & Wastewater Services Coordinator Ensure that all aspects of records control are executed according to this procedure. Protect master copies of records. Oversee management of drinking-water system records as specified in the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003- 001). All Municipal Works Staff Notify the Water & Wastewater Services Coordinator of any new record profiles to be added to the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001). Handle and store drinking-water system records according to this procedure. If designated as “Responsible Person” in the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001), ensure that assigned records are maintained as specified. 5.0 PROCEDURE 5.1 Purpose of Record Storage Drinking-water system records are stored: To demonstrate conformance with the DWQMS; To demonstrate compliance with specified legislative and regulatory requirements; To provide a historical view of drinking-water system operation and performance. 5.2 Record Identification, Storage and Retention Requirements 5.2.1 DWQMS record requirements include the following: Records must be maintained in a format that is legible and readily identifiable. Records can be stored in hard-copy or electronic format. Records must be stored in a manner that prevents their damage, deterioration and loss. Paper copies of records must be protected from fire and/or water damage, and should be stored in a metal filing cabinet. Records must be retrievable to those who require access. 5.2.2 The DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001) lists the drinking-water system records managed under this procedure. Each record profile within the Matrix lists the record name, minimum record retention time, record owner (i.e., person responsible for the record), and physical form of storage including the storage location(s). Retention times stated are minimum times and are designated in consultation with relevant legislation, regulations, or other requirements. 5.2.3 Most paper copies of records are filed by type and are sub-categorized by year. Records may be stored in one location for a defined time period and archived to another storage location for the remaining retention time. Where applicable, these conditions of storage will be documented in the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001). Selected drinking- water system records that are stored in paper copy will also be scanned for electronic backup storage. These requirements are outlined in the DWQMS Record Control Matrix (MW-WWW- DWS-LM-003-001). Page 200 of 358 Page 339 of 640Page 201 of 355 Page 648 of 1092 Control of Records MW-WWW-DWS-PRO-003-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 3 of 3 DO NOT PHOTOCOPY 5.2.4 Where required by legislation and/or regulations, drinking-water system records will be made available for review by customers and/or stakeholders. 5.3 Record Disposal Requirements Once the indicated minimum retention time has been reached, drinking-water system records are destroyed as indicated in the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003- 001). Records should be disposed by the end of the calendar year in which their minimum retention time elapses. For example, if a record was created on July 25th, 2004 and is to be retained for 5 years, it should be disposed of by December 31, 2009. 6.0 ASSOCIATED DOCUMENTS DWQMS Record Control Matrix: MW-WWW-DWS-LM-003-001 7.0 REVISION HISTORY Revision No.: 10 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): Title change throughout document, general review Summary of Change(s): General Revision and Change of Divisions and document titles (formerly Environmental Services, and changed to Water & Wastewater Services). Page 201 of 358 Page 340 of 640Page 202 of 355 Page 649 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 1 of 8 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document the process for completing the City of Niagara Falls’ DWQMS risk assessment, including the legislative, regulatory and internal requirements for this risk assessment and the criteria for assessing risk. 2.0 SCOPE The risk assessment process described in this procedure is applied to all aspects of the City of Niagara Falls’ drinking-water distribution system as per the requirements of the MECP’s DWQMS. Resource materials include: “Drinking Water Quality Management Standard” MECP: February 2017. “Implementing Quality Management: A Guide for Ontario’s Drinking Water Systems MECP: July 2007. “Canadian Guidance Document for Managing Drinking Water Systems: A Risk Assessment / Risk Management Approach”. Canadian Water & Wastewater Association: September 2005 SDWA 2002: O. Reg. 170/03, Drinking-Water Systems, MECP “Watermain Disinfection Procedure” MECP: August 2020 “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment” MECP: April 2022 “Protecting the security of Ontario’s drinking water against cyberattacks” Environmental Registry of Ontario (Notice 019-4855) bulletin: April 2022 3.0 DEFINITIONS DWQMS Drinking Water Quality Management Standard Hazard A condition or circumstance having the potential to cause harm; can be biological, chemical, physical or radiological in nature Hazardous event Incident or situation that can lead to the presence of a hazard Risk Probability of identified hazards causing harm, including the magnitude or consequences of that harm Risk assessment Systematic methodology of identifying hazards or hazardous events that may affect the safety of drinking water and evaluating their significance Likelihood Probability of a hazard or hazardous event occurring, taking into account the frequency of the event (how often/how likely) Consequence Severity of the result of the hazard or hazardous event if the hazard is not controlled Detectability Ease with which the presence of the hazard or an occurrence of the hazardous event can be detected Title: DWQMS Risk Assessment Document # MW-WWW-DWS-PRO-004-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As required Revision #: 10 No. of Pages 8 Page 202 of 358 Page 341 of 640Page 203 of 355 Page 650 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 2 of 8 DO NOT PHOTOCOPY Critical control point (CCP) A point or step in a process at which a control can be applied in order to prevent a hazardous event from occurring, eliminate a hazard or reduce the hazard to an acceptable level Critical control limit The point at which a critical control point response procedure is initiated 4.0 RESPONSIBILITIES Mayor & Council Provide resources for completion of DWQMS Risk Assessment Review and approve completed risk assessment as included in Operational Plan General Manager, Municipal Works Allocate resources for completion of DWQMS Risk Assessment Review results of DWQMS Risk Assessment Communicate results of DWQMS Risk Assessment to Community Services Committee and/or Council Senior Manager, Water & Wastewater Services Participate in DWQMS Risk Assessment, annual updating activities, and re-assessments every three years Report CCP exceedances to Water & Wastewater Services Coordinator Water & Wastewater Services Coordinator Coordinate and manage the development of any required procedures and documentation relating to risk assessment Coordinate and manage the risk assessment process Review critical control limit exceedances on an annual basis as input to Management Review meetings Coordinate and participate in DWQMS Risk Assessment, annual updating activities, and re-assessments every three years Keep the DWQMS Risk Assessment up-to-date Water & Wastewater Services Supervisors Ensure that procedures relating to the establishment and maintenance of critical control points, and monitoring of critical control limits, are followed by all operations & field staff Participate in DWQMS Risk Assessment, annual updating activities, and re-assessments every three years All Staff Identify significant process or condition changes requiring an update of the DWQMS Risk Assessment and notify Supervisor or member of Risk Assessment Team NOTE: The City of Niagara Falls is distribution only, and does not have the need for equipment redundancies as such as pumps, injectors or other treatment equipment. The City does store parts for repairs, but does not consider that as redundant equipment Page 203 of 358 Page 342 of 640Page 204 of 355 Page 651 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 3 of 8 DO NOT PHOTOCOPY PROCEDURE 4.1 Risk Assessment Process – Overview Assemble risk assessment team (See Section 4.2) Identify product to be delivered, goals for product and intended uses of product (See Section 4.3) Identify potential hazards and hazardous events (See Section 4.4) Assess and prioritize hazards (See Section 4.5) Identify critical control points (CCPs) (See Section 4.6) Establish critical control limits & monitoring procedures (See Section 4.7) Review risk assessment at Years 1 & 2; update as required (See Section 4.8) Revise risk assessment at Year 3 (See Section 4.8) 4.2 Step 1: Assemble Risk Assessment Team Members of the City of Niagara Falls’ Risk Assessment Team include the Water & Wastewater Services Coordinator, the Senior Manager of Water & Wastewater Services and Water & Wastewater Services Supervisor(s) as appropriate. Additional Team members may be added as necessary. Other City staff and/or external resources may be invited to participate in risk assessment exercises to provide expertise in specific process or hazard areas. Members of the Risk Assessment Team should be familiar with the City’s water distribution processes and controls, applicable legislative and regulatory requirements, applicable public health issues, and common hazards associated with drinking-water and drinking-water systems. The Risk Assessment Team must have the authority to make recommendations for the implementation of hazard control measures. Page 204 of 358 Page 343 of 640Page 205 of 355 Page 652 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 4 of 8 DO NOT PHOTOCOPY 4.3 Step 2: Identify Product to be Delivered, Goals for the Product & Intended Product Use Before the Risk Assessment is initiated, the Risk Assessment Team reviews the description of the drinking-water system contained in the Operational Plan in order to: Refresh their view of the system in its entirety; Verify the currency of the system description contained in the Operational Plan. The Risk Assessment Team identifies the high-risk and/or high-quantity users of drinking water within the City of Niagara Falls in order to ensure that their unique requirements are taken into account where necessary in completing the risk assessment. 4.4 Step 3: Identify Potential Hazards and Hazardous Events The Risk Assessment Team examines the City’s drinking-water system and identifies potential hazards and hazardous events that could compromise the performance of the system and/or the quality of the drinking water. To begin this activity, the Risk Assessment Team lists all drinking-water system process steps and activities in order (i.e. upstream treatment & transmission, distribution, etc.). For each process step, the Team notes the step in the Risk Assessment Matrix form (MW- WWW-DWS-FRM-004-001) and identifies all of the potential hazards and hazardous events that could occur at that step. These hazards are listed in the Risk Assessment Matrix form alongside the relevant process step. If an identified hazard affects the system in its entirety, it need not be correlated with a specific step; rather, “Whole System” can be entered as the process step. Potential hazards can affect the drinking-water system infrastructure or the drinking-water itself. Hazards can be biological, chemical, physical or radiological. Other potential hazards, such as water quantity issues, acts of sabotage and/or natural disasters, may also be considered. 4.5 Step 4: Assess and Prioritize Hazards The Risk Assessment Team evaluates each listed hazard against the following criteria: Likelihood (L): The Team assesses the likelihood of occurrence of the hazard or hazardous event and assigns one of the numerical ratings listed below. For this assessment, the Team must estimate how frequently the hazard or hazardous event could occur. Description Likelihood of Hazardous Event Occurring Rating Rare May occur in exceptional circumstances. Has not occurred in past. 1 Unlikely Could occur at some time. Historically, has occurred less than once every 5 years. 2 Possible Has occurred or may occur once or more per year. 3 Likely Has occurred or may occur on a monthly to quarterly basis. 4 Very likely One or more occurrences on a monthly or more frequent basis. 5 Consequence (C): The Team assesses the consequence of occurrence of the hazard or hazardous event and assigns one of the numerical ratings listed below. For this Page 205 of 358 Page 344 of 640Page 206 of 355 Page 653 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 5 of 8 DO NOT PHOTOCOPY assessment, the Team must estimate the severity of the impact of the hazard or hazardous event on the drinking-water system if it were to occur. Description Consequence of Hazardous Event Occurring Rating Insignificant Little to no public exposure or health risk AND/OR insignificant impact to drinking-water system. 1 Minor Minor public exposure (i.e. cluster of users) AND/OR minor health risk AND/OR manageable disruption to drinking-water system. 2 Moderate Moderate public exposure (i.e. neighborhood of users) AND/OR health impacts for small population AND/OR significant disruption to drinking-water system 3 Major Major public exposure (i.e. multiple neighborhoods of users) AND/OR potential health impacts for large population AND/OR major disruption to drinking-water system 4 Catastrophic Exposure and potential health impacts to all users within the drinking-water system(s) AND/OR complete failure of drinking- water system(s) 5 Detectability (D): The Team assesses the level of detectability of the hazard or hazardous event and assigns one of the numerical ratings listed below. For this assessment, the Team must determine what indicators or notification triggers would exist (i.e., how obvious it would be) if the hazard or hazardous event were to occur. Description Detectability of Hazardous Event Rating Very detectable Easy to detect. Obvious. 1 Moderately detectable Moderately detectable. Alarm present. Weekly or bi-weekly sampling, testing, monitoring and/or special programs are in place. 2 Normally detectable Normally detectable. Detectable on rounds or regular maintenance. Monthly sampling, testing and/or monitoring are in place. 3 Poorly detectable Poorly detectable. Not normally detected before problem becomes evident. Quarterly (or less frequent) sampling, testing and/or monitoring are in place. 4 Undetectable Cannot detect before problem becomes evident. 5 The Team will list scores for likelihood, consequence and detectability in the appropriate columns of the Risk Assessment Matrix form (MW-WWW-DWS-FRM-004-001). A risk rating is then determined for each hazard as follows: Risk Rating = Likelihood x Consequence x Detectability = L x C x D Risks are prioritized by sorting the risk ratings from greatest to least. A greater risk rating indicates a more significant risk. The Risk Assessment Team assigns a threshold risk rating to establish which risks are deemed “significant” and require further analysis; the assignment of this threshold is based on the Team’s knowledge of the drinking-water system and the relative Page 206 of 358 Page 345 of 640Page 207 of 355 Page 654 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 6 of 8 DO NOT PHOTOCOPY distribution of the risk ratings. All hazardous events related to primary or secondary disinfection are considered significant and must be identified as Critical Control Points. 4.6 Step 5: Identify Critical Control Points Each significant hazard (i.e., with a risk rating above the threshold value) is evaluated to determine whether a critical control point (CCP) can be established at that hazard location. The process for identifying critical control points is as follows: Control Measures Exist? Do They Eliminate or Reduce Risk? Hazard Identified in Hazard Analysis? yes yes yes Not a Critical Control Point no Not a Critical Control Point no no no yes Necessary For Safety? Not a Critical Control Point Critical Control Point Assessed Risk > Threshold? yes Not a Critical Control Point no Necessary to meet treatment requirements (disinfection)? yes no As an absolute minimum, critical control points must be established to meet minimum treatment requirements for primary and secondary disinfection as outlined in O. Reg. 170/03 and the Procedure for Disinfection of Drinking Water in Ontario. 4.7 Step 6: Establish Critical Limits & Monitoring Procedures for Critical Control Points Wherever the need for a critical control point is identified, the Risk Assessment Team ensures that critical control limits, long-term improvement plans and/or emergency response plans are established for the critical control point. The establishment of critical control limits may be delegated to staff within the work area in which the CCP is identified. Critical control limits can be derived from a variety of sources, including but not limited to: Regulatory requirements; Scientific literature; Studies/experiments; Consultation with experts; Knowledge of system limits and operational capabilities. The Risk Assessment Team also ensures that monitoring procedures are developed and implemented for each existing critical control limit. Where possible, monitoring procedures can identify adverse trends and provide warnings to drinking-water system personnel so that control of the process or activity can be re-established before critical control limits are exceeded. Monitoring procedures can include but are not limited to visual verification, review of customer Page 207 of 358 Page 346 of 640Page 208 of 355 Page 655 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 7 of 8 DO NOT PHOTOCOPY complaints, periodic sampling & testing, and/or security monitoring. Monitoring procedures are referenced in the completed Risk Assessment Matrix. Where applicable, the completed Risk Assessment Matrix lists “potential additional controls” to prevent or protect from the hazard or hazardous event. It is not a requirement to implement all potential additional controls identified in a risk assessment. These controls can be further evaluated for feasibility and necessity of implementation, and can form a basis for long-term preventive planning. 4.8 Steps 7 & 8: Periodic Review and Re-Conducting of the Risk Assessment As per element 7 f) and g), the DWQMS Risk Assessment must be reviewed at least once annually for currency and once every 36 months re-evaluated in its entirety as required by the Drinking Water Quality Management Standard. The risk assessment is reviewed for currency, and simultaneously completed in a manner to satisfy elements 7 f) and g) respectively. The annual review/ re-evaluation will be conducted by the Water & Wastewater Services Coordinator in conjunction with the Senior Manager of Water & Wastewater Services and Water & Wastewater Services Supervisor(s), though a formal meeting need not be convened for this purpose. Any revisions required as a result of deficiencies identified during the annual review/ re-evaluation will be completed by the Water & Wastewater Services Coordinator (or designate). The Water & Wastewater Services Coordinator will also ensure that the annual review/ re- evaluation is documented as a means of recording its completion. The annual review/ re- evaluation may be initiated at an earlier time by the Risk Assessment Team if the drinking -water system is changed in such a way that the currency or thoroughness of the risk assessment is impacted. The Water & Wastewater Services Coordinator is responsible for convening the Risk Assessment Team and ensuring that the assessment is completed, reviewed, and approved by all required parties. 4.9 Records of Risk Assessment All records relating to completed risk assessments shall be filed in accordance with the Control of Records procedure (MW-WWW-DWS-PRO-003-001). 5.0 ASSOCIATED DOCUMENTS Control of Records: MW -WWW-DWS-PRO-003-001 Risk Assessment Matrix (template): MW -WWW-DWS-FRM-004-001 Completed Risk Assessment Matrix (results) 6.0 REVISION HISTORY Revision No.: 10 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Addition of MECP Page 208 of 358 Page 347 of 640Page 209 of 355 Page 656 of 1092 DWQMS Risk Assessment MW-WWW-DWS-PRO-004-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 8 of 8 DO NOT PHOTOCOPY resources: UPDATED “Potential Hazardous Events for Municipal Residential Drinking Water Systems to Consider in the DWQMS Risk Assessment” MECP” (April 2022); and ERO Notice 019—855: “Protecting the security of Ontario’s drinking water against cyberattacks” (April 2022). Summary of Change(s): See above Page 209 of 358 Page 348 of 640Page 210 of 355 Page 657 of 1092 DWQMS Personnel Coverage MW -WWW-DWS-PRO-007-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 1 of 4 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to outline the process by which the City of Niagara Falls ensures that adequate staffing & personnel coverage is maintained for its Water Operations. The procedure details personnel coverage measures followed during regular business hours as well as evenings, weekends, holidays and out-of-ordinary conditions (such as in pandemics and labour disruptions). 2.0 SCOPE This document applies to all Water & Wastewater Services staff performing work on, or in respect of, the City of Niagara Falls’ drinking-water system. 3.0 DEFINITIONS City City of Niagara Falls DWQMS Drinking Water Quality Management Standard DWS Drinking-water system DWS Operator Person who conducts operational checks or who adjusts, tests or evaluates a process that controls the effectiveness or efficiency of a DWS, including the flow, pressure or quality of water within the DWS. Operator-in-Charge (OIC) Operator designated by the Owner or Operating Authority to perform duties as outlined in O. Reg. 128/04, s. 25 (SDWA) and as per the requirements of this Procedure. Operator-in- Training (OIT) Operator holding an Operator-in-Training certificate. An OIT can perform the same duties as a DWS Operator, with the exception that an OIT can not act as ORO or as OIC. Overall Responsible Operator (ORO) Operator designated by the Owner or Operating Authority to perform duties as outlined in O. Reg. 128/04, s. 23 (SDWA) and as per the requirements of this Procedure. `Title: DWQMS Personnel Coverage Document #: MW-WWW-DWS-PRO-007-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 11 No. of Pages: 4 Page 210 of 358 Page 349 of 640Page 211 of 355 Page 658 of 1092 DWQMS Personnel Coverage MW -WWW-DWS-PRO-007-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 2 of 4 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Note: Responsibilities outlined in this procedure may relate to designations required under O. Reg. 128/04 rather than position titles as specified by the City of Niagara Falls. It is understood that some of the O. Reg. 128/04 responsibilities are delegated on a rotational basis and may be assigned to various qualified members of City staff. Owner / Top Management Ensure that Operators of the City’s DWS hold a Water Distribution System Operator’s Licence of the required class. Provide resources for the training & instruction of Operators-in-Training and for the continued training & licensing of Operators. Ensure that DWS Operators and Maintenance personnel have access to Operations & Maintenance Manuals for the DWS. Water & Wastewater Services Coordinator Track training & licensing requirements for Water Operations staff according to the requirements of O. Reg. 128/04. Ensure that training is planned & scheduled for Water Operations staff. Track status of Operator Licenses to ensure that they are maintained. Overall Responsible Operator (ORO) Provide overall guidance regarding the operations and maintenance of the City’s DWS. Operator-in-Charge (OIC) Set operational parameters for the DWS or for processes controlling the effectiveness or efficiency of the DWS. Direct or instruct other DWS operators in establishing operational parameters for the DWS. Take all steps reasonably necessary to operate DWS processes in a safe and efficient manner. Ensure that DWS operational processes are measured, monitored, sampled & tested, and adjusted when necessary, and ensure that records of process adjustments are maintained. Ensure that all DWS equipment is properly monitored, tested and evaluated, and that records of equipment operating status are prepared and available at the end of each shift. DWS Operator Perform the required operational checks and maintenance activities to ensure the continued provision of safe drinking water to City customers. Operator-in- Training Perform the required operational checks and maintenance activities to ensure the continued provision of safe drinking water to City customers. Page 211 of 358 Page 350 of 640Page 212 of 355 Page 659 of 1092 DWQMS Personnel Coverage MW -WWW-DWS-PRO-007-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 3 of 4 DO NOT PHOTOCOPY 5.0 PROCEDURE 5.1 Overall Responsible Operator A Water & Wastewater Services Supervisor with appropriate qualifications is designated Primary ORO for the City of Niagara Falls DWS. If the ORO is unavailable, (i.e., due to training, vacation, illness, etc.), an appropriately-qualified Water & Wastewater Services Supervisor is appointed to act as an Alternate ORO for the City. Both the Primary ORO and the Alternate ORO are in possession of City-issued cell phones that can be used to contact the designated ORO as required. 5.2 Operator-in-Charge Operator-in-Charge duties are assigned to a qualified Water & Wastewater Services Supervisor. For any given date, the Operator-in-Charge is identified in the Operator logbook. 5.3 Shift Assignment The Operating Authority operates one day shift only. Day shift hours of operation are Monday to Friday, 7:00am – 3:00pm year round. Regular day shift staffing includes one ORO, at least one OIC, and a number of Certified Drinking Water Operators. Certified Operators are identified in Certified Drinking-Water System Personnel (MW-WWW- DWS-LM-007-001) along with the licence held by each operator. 5.4 On-Call Rotation Water & Wastewater Services Supervisors are assigned on-call responsibilities on a weekly rotation during the winter months (December to April) as per the DWS On-Call Schedule (MW-WWW-DWS-LM-007-002). The On-Call Supervisor is contacted as required for after-hours issues, and assumes responsibility for contacting additional Water Operations staff as required for the after -hours response. Where additional Water Operations staff are required, staff are contacted for overtime as per the requirements of the Collective Bargaining Agreement. The Department may also request contractor assistance as needed. During the summer months, the Shift Supervisor takes over on-call duties, the Shift Supervisor is the duty supervisor on-call throughout the year. 5.5 Coverage of Off-Site Locations The City operates two bulk water filling stations; these sites are inspected on a weekly basis by qualified Water Operations staff. 5.6 Labour Disruption/Pandemic In the event of an out of ordinary circumstance, such as a labour disruption or pandemic affecting the operation of the DWS, non-unionized staff with appropriate Drinking Water Operator Certifications will be assigned to operate the DWS. Additional contractual labour may be acquired to perform work under the supervision of Certified Water Operators, where required. Further to this, the Environmental Registry Order number 019-3513 (May 2021) states that New Emergency Page 212 of 358 Page 351 of 640Page 213 of 355 Page 660 of 1092 DWQMS Personnel Coverage MW -WWW-DWS-PRO-007-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 4 of 4 DO NOT PHOTOCOPY Situations sections have been added to O. Reg. 128/04, under the Safe Drinking Water Act, 2002, to set out the following: 1. The exceptional situations where the ministry director or the owner or operating authority of a drinking water subsystem may use the emergency related provisions. 2. The ministry director may take the following actions in an emergency si tuation or its aftermath: a. Extend the expiry date of a drinking water operator’s certificate or water quality analyst’s certificate for up to 12 months if needed to help systems focus on emergency response. b. Issue temporary certificate renewals for up to 12 months. c. Allow operators and water quality analysts to defer the completion of mandatory training temporarily. The notice further outlines those individuals who may act as Operators during these exceptional times (based on credentials, experience and previously held licences). The complete Notice can be accessed via the link provided in 6.0 ASSOCIATED DOCUMENTS (below) 6.0 ASSOCIATED DOCUMENTS Licensed Drinking-Water System Personnel: MW -WWW-DWS-LM-007-001 DWS On-Call Schedule: MW -WWW-DWS-LM-007-002 Collective Bargaining Agreement (Corporate document) Proposed Amendments to Drinking Water Operator and Water Quality Analyst Certification Regulation to Address Impacts of Emergencies https://ero.ontario.ca/index.php/notice/019-3513 7.0 REVISION HISTORY Revision No.: 11 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 213 of 358 Page 352 of 640Page 214 of 355 Page 661 of 1092 DWQMS Communications MW-WWW-DWS-PRO-008-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 6 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to outline the processes and methods used by Top Management of the City of Niagara Falls’ drinking-water system in communicating with Council, Water & Wastewater Services staff, drinking-water system vendors, and the public on matters relating to the City’s drinking-water system and drinking-water quality. The procedure also outlines policies for communication with the MOE and the Accreditation Body. 2.0 SCOPE This procedure is to be followed by Water & Wastewater Services staff of the City of Niagara Falls’ Department of Municipal Works when dealing with drinking-water system-related communications. 3.0 DEFINITIONS Accreditation Body Body that conducts accreditation audits and grants management system accreditation to the Owner/Operating Authority of a drinking-water system. For the DWQMS, the Accreditation Body is the Canadian General Standards Board (CGSB). CSC Community Services Committee DWS Drinking-water system DWQMS Drinking Water Quality Management Standard DWQMS Implementation Team Team that leads the City’s implementation of the DWQMS. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. Public Customers of the City of Niagara Falls’ DWS. Residents, businesses and industries within the City are all considered to be members of the public for the purposes of this procedure. DWS Vendor Vendor that provides a product or service related to the DWS. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the DWQMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management is defined as the General Manger, Municipal Works. Title: DWQMS Communications Document #: MW-WWW-DWS-PRO-008-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 9 No. of Pages: 6 Page 214 of 358 Page 353 of 640Page 215 of 355 Page 662 of 1092 DWQMS Communications MW-WWW-DWS-PRO-008-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 6 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Owner • Approve and endorse the DWQMS Operational Plan. Top Management • Approve and endorse the DWQMS Operational Plan. • Communicate relevant aspects of the DWQMS to the Owner. • Communicate relevant changes in legislative or regulatory requirements to the Owner. • Communicate with Operating Authority staff regarding any decisions or feedback received from the Owner regarding the DWQMS. Water & Wastewater Services Coordinator • Identify new or changing legislative or regulatory requirements and communicate changes to Top Management and Operating Authority Staff. • Coordinate & facilitate DWQMS Awareness Training as required. • Coordinate roll-out of DWQMS policies, procedures & guidelines to Operating Authority staff. • Assist in communicating the DWQMS to the Owner. DWQMS Implementation Team • Develop DWQMS policies, procedures and guidelines with input and assistance from Operating Authority personnel. DWS Vendors • Be aware of the City’s DWQMS. Review the DWQMS Policy and DWQMS Awareness Training if requested to do so. 5.0 PROCEDURE 5.1 DWQMS Awareness Training 5.1.1 DWQMS Awareness Training has been developed by the DWQMS Implementation Team on behalf of Top Management. This training can be used as a tool to communicate fundamentals of the DWQMS to the Owner, to Operating Authority staff, or to vendors. 5.1.2 Topics that may be addressed in DWQMS Awareness Training include: Legislative Framework (including Safe Drinking Water Act); Purpose and Scope of the DWQMS Standard; Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001- 001); DWQMS Roles and Responsibilities; Implementation of the DWQMS; Auditing of the DWQMS. 5.1.3 Completion of DWQMS Awareness Training by internal City of Niagara Falls staff is documented in training records as per DWQMS Competencies & Training (MW-WWW- DWS-PRO-006-001). 5.1.4 Vendors are sent a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM-009- 001) to indicate that they have read the QMS Policy. (See Section 5.4.) Signed Agreements are filed as per DWQMS Control of Records (MW-WWW-DWS-PRO-003- 001). Page 215 of 358 Page 354 of 640Page 216 of 355 Page 663 of 1092 DWQMS Communications MW-WWW-DWS-PRO-008-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 6 DO NOT PHOTOCOPY 5.2 Communication: Top Management and Owner 5.2.1 Top Management of the City of Niagara Falls’ drinking-water system is responsible for ensuring that the Mayor and Council are aware of the DWQMS and are kept apprised of the status of the DWQMS, including development initiatives and ongoing issues or improvements. 5.2.2 Typical methods used by Top Management in communicating with Council include: Presentations at Council meetings and/or Committee of the Whole meetings; Reports or Update Documents to Council or Committee of the Whole; Informal, day-to-day communications including verbal and/or e-mail communications. 5.2.3 Top Management may communicate with Council to provide information and/or obtain input or approval for the following: Status of DWQMS implementation; Approval and endorsement of DWQMS Operational Plan and/or Water & Wastewater Services Mission Statement; Results of annual DWQMS Infrastructure Reviews Results of internal and external (third-party) audits; Results of annual DWQMS Management Reviews; Revisions to the Financial Plan for Water Operations. 5.2.4 Council may provide feedback to Top Management via Council or Committee of the Whole meetings and any associated resolutions. 5.2.5 Records of formal communication between Top Management and Council (i.e., Council/CSC reports, resolutions and meeting minutes) are maintained as specified in DWQMS Control of Records (MW-WWW-DWS-PRO-003-001). 5.3 Communication: Top Management and Operating Authority Staff 5.3.1 Top Management communicates with Operating Authority staff on an ongoing basis in the operation and maintenance of the drinking-water system. Staff are responsible to follow all approved corporate policies, procedures and guidelines relating to the DWQMS, and to report any issues or non-conformances to their Supervisor. 5.3.2 DWQMS Awareness Training is provided to Water & Wastewater Services staff who perform work on or in respect of the drinking-water system. This is used as a means of communicating the DWQMS to staff. Awareness Training is also provided to new Water & Wastewater Services staff during their first years on the job. 5.3.3 Communication with City of Niagara Falls Water Operations staff regarding the DWQMS is carried out in a variety of ways, including but not limited to the following: Verbal communication including phone calls, direct verbal communication. Formal written communication including office memos, work orders, meeting minutes, etc. Records of formal written communication will be handled as per DWQMS Control of Records (MW-WWW-DWS-PRO-003-001). Page 216 of 358 Page 355 of 640Page 217 of 355 Page 664 of 1092 DWQMS Communications MW-WWW-DWS-PRO-008-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 4 of 6 DO NOT PHOTOCOPY Informal written communication including e-mails. Provision of approved documented DWQMS procedures and supporting SOPs, forms, and visual aids (including Water & Wastewater Services Mission Statement posters), as well as training in the use of these procedures and SOPs. DWQMS Awareness Training (refer to Section 5.1). Meetings, including both regularly-recurring meetings (i.e., monthly safety meetings) and special meetings, at which DWQMS topics or changes are discussed. Communication of results of internal and external audits, including identification of non-conformances and requests for corrective or preventive action as per DWQMS Corrective and Preventive Action (MW-WWW-DWS-PRO-017-001). 5.3.4 Top Management delegates some of its responsibilities for communication with Operating Authority staff to the Water & Wastewater Services Coordinator. The Water & Wastewater Services Coordinator is responsible for the following: Identifying relevant changes or updates to legislation or regulations and communicating these to Top Management and Operating Authority staff; Communicating requirements for training to Top Management and coordinating training sessions for Top Management and Operating Authority staff as required; Communicating the results of internal audits and Accreditation Body audits to Top Management and the Operating Authority. Top Management may delegate additional responsibilities for communications with staff, where suitable. 5.3.5 Operating Authority personnel communicate with Top Management directly (i.e., verbal, e-mail, etc.) or via their Supervisors and/or Managers. The DWQMS Implementation Team includes Top Management Representatives as well as Operating Authority Representatives from Operations and Engineering work areas, providing a means of communication between Top Management and Operating Authority staff. Staff members from Operations and Engineering areas can discuss ideas and/or concerns with their Implementation Team Representative for communication with Top Management. 5.4 Communication: Operating Authority and Vendors 5.4.1 Top Management delegates its responsibility for communication with DWS Vendors to the Senior Manager of Water & Wastewater Services. The Manager works with the Procurement Department to coordinate communication with DWS Vendors. DWS Vendors who have been identified as “essential” are evaluated on an annual basis according to DWQMS Essential Supplies & Services (MW-WWW-DWS-PRO-009- 001). 5.4.2 DWS Vendors who have been identified as “essential” are provided with a copy of the City’s Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001- 001) along with an acknowledgement letter (indicating their role in the DWQMS) for their review, to be returned, signed to the Water & Wastewater Services Coordinator. 5.4.3 If the DWS vendor is unclear or has questions as to its role with respect to the QMS the vendor is asked to contact the Water & Wastewater Services Coordinator. 5.4.4 Any additional communication with vendors is conducted as per DWQMS Essential Supplies & Services (MW-WWW-DWS-PRO-009-001). Page 217 of 358 Page 356 of 640Page 218 of 355 Page 665 of 1092 DWQMS Communications MW-WWW-DWS-PRO-008-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 5 of 6 DO NOT PHOTOCOPY 5.5 Communication: Top Management and the Public 5.5.1 Top Management and the Operating Authority use several means to communicate with the public about the DWQMS, including but not limited to: City of Niagara Falls website: Drinking-Water System Annual Reports, the Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001-001), and bulletins relating to the DWQMS and other drinking-water quality issues are posted on the City’s website. City of Niagara Falls offices: Hard copies of the DWQMS Operational Plan and of Drinking-Water System Annual Reports are available for public viewing at City Hall (4310 Queen St.) and the Municipal Service Centre (3200 Stanley Ave.). Copies of the Water & Wastewater Services Mission Statement (MW-WWW-DWS-VIS-001- 001) are also posted at these locations. Media Releases: The City regularly uses local newspapers and media outlets to promote drinking-water initiatives and to inform residents of upcoming changes or improvements to the drinking-water system. 5.5.2 Drinking-water customers are able to communicate with City staff through the Municipal Service Centre or City Hall during business hours, or via the City’s Call Centre dispatch service outside of business hours. Refer to Response to Customer Calls by Switchboard (MW-WWW-DWS-SOP-021-001). 5.6 Communication: Operating Authority and the Accreditation Body 5.6.1 The Water & Wastewater Services Coordinator is designated as the primary City contact for DWQMS-related communication with the Accreditation Body. All DWQMS-related communication and correspondence with the Accreditation Body is coordinated by and routed through the Water & Wastewater Services Coordinator. The Water & Wastewater Services Coordinator works closely with associated members of Management in communications with the Accreditation Body. 5.6.2 The Water & Wastewater Services Coordinator applies to the Accreditation Body to request accreditation services and ensures that required copies of the DWQMS Operational Plan are provided to MOE and the Accreditation Body. If all documentation is approved, the Accreditation Body will conduct its audit of the City’s DWQMS. 5.6.3 Once the audit is complete, the Accreditation Body provides the Water & Wastewater Services Coordinator with a written audit report, including notification of any non- conformances or improvement recommendations. 5.6.4 Major and minor non-compliances must be addressed in writing and forwarded to the Accreditation Body within 30 days of receipt. The Water & Wastewater Services Coordinator oversees any required root-cause analyses and documents non- conformances and Corrective/Preventive Action Plans as per DWQMS Corrective & Preventive Action (MW-WWW-DWS-PRO-017-001). Page 218 of 358 Page 357 of 640Page 219 of 355 Page 666 of 1092 DWQMS Communications MW-WWW-DWS-PRO-008-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 6 of 6 DO NOT PHOTOCOPY 5.6.5 Appeals of external audit findings are discussed with Top Management before any appeal is initiated. Where an appeal is warranted, the Water & Wastewater Services Coordinator initiates the appeal process with the Accreditation Body and prepares any required documentation. 5.7 Communication: Operating Authority and Provincial Ministries 5.7.1 The Water & Wastewater Services Coordinator is designated as the primary City contact for Municipal Drinking-Water Licence-related communication with the Ministry of the Environment (MOE) and Public Health. All relevant communication and correspondence with these Ministries shall be coordinated by and routed through the Water & Wastewater Services Coordinator. The Water & Wastewater Services Coordinator works with associated members of Management in preparing communications with the MOE and Public Health. 5.7.2 The Water & Wastewater Services Coordinator is responsible for ensuring that all required documentation for the Municipal Drinking-Water Licence application is submitted as required. This includes submission of the DWQMS Operational Plan, the DWQMS Certificate of Accreditation, and the Drinking Water-Works Permit application & documentation to MOE. 6.0 ASSOCIATED DOCUMENTS Water & Wastewater Services Mission Statement: MW-WWW-DWS-VIS-001-001 DWQMS Control of Records: MW -WWW-DWS-PRO-003-001 DWQMS Competencies & Training: MW -WWW-DWS -PRO-006-001 DWQMS Essential Supplies & Services: MW -WWW-DWS -PRO-009-001 DWQMS Vendor Acknowledgement: MW -WWW-DWS -FRM-009-001 DWQMS Corrective & Preventive Action: MW -WWW-DWS-PRO-017-001 Response to Customer Calls by Switchboard: MW-WWW-DWS-SOP-021-001 7.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 219 of 358 Page 358 of 640Page 220 of 355 Page 667 of 1092 DWQMS Essential Supplies and Services MW-WWW-DWS-PRO-009-001 This document is CONTROLLED unless otherwise noted. Rev 8 Page 1 of 5 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to outline the process for identifying the supplies and services that are essential for the delivery of safe, clean drinking-water, for ensuring their procurement, and for verifying the quality of the supplies and services insofar as they impact drinking-water quality. 2.0 SCOPE This procedure applies to all aspects of the City of Niagara Falls’ drinking-water distribution system. Essential supplies and services may include (but are not limited to) those relating to drinking-water system operation or drinking-water quality. 3.0 DEFINITIONS Corrective Action Action to eliminate the cause of a detected non-conformance. DWQMS Drinking Water Quality Management Standard. DWS Drinking Water System. DWS Vendor Supplier or service provider that provides a product or service related to the drinking-water system. Essential Supply Material, good, or product required to ensure the safe delivery of drinking-water. Essential Service Service required to ensure the safe delivery of drinking-water. Excluded DWS Vendor DWS Vendor that is no longer permitted to provide a selected good or service to the City in respect of the drinking-water system Preventive Action Action to eliminate the cause of a potential non-conformance. Quality Assurance (QA) Planned and systematic pattern of actions necessary to ensure that management and technical controls are being followed. Record Document stating results achieved or evidence of action taken. RESPONSIBILITIES Top Management • Review results of QA assessments of essential supplies and/or services; exclude DWS Vendors as required. • Provide resources (i.e., staff, training, time) for the QA review process as required. Title: DWQMS Essential Supplies and Services Document # MW-WWW-DWS-PRO-009-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period As Required Revision #: 8 No. of Pages 5 Page 220 of 358 Page 359 of 640Page 221 of 355 Page 668 of 1092 DWQMS Essential Supplies and Services MW-WWW-DWS-PRO-009-001 This document is CONTROLLED unless otherwise noted. Rev 8 Page 2 of 5 DO NOT PHOTOCOPY Water & Wastewater Services Coordinator • Assist Operating Authority staff in identifying essential supplies and services for the DWS. • Coordinate and lead the annual QA review of DWS essential supplies and services. • Compile QA review findings for delivery to Top Management. • Coordinate with the City’s Procurement Department and other Operating Authority staff to address any significant issues with DWS Vendors and ensure that these are documented as non- conformances. Senior Manager & Water & Wastewater Services Supervisor • Identify essential supplies and services for the respective work area. • Participate in QA reviews of supplies and services as related to general DWS operations. • Participate in QA reviews of suppliers and service providers as related to DWS capital projects/engineering or DWS sampling, testing and/or monitoring, where requested. DWS Vendors • Supply products or services to the City of Niagara Falls’ Operating Authority as per agreed-upon specifications. • Respond to City non-conformances and QA reviews in a timely manner. 4.0 PROCEDURE 4.1 Identification of Essential Supplies & Services 4.1.1 Operating Authority staff at the City of Niagara Falls are responsible for identifying DWS essential supplies and services within their work areas as follows: Staff Member Work Area Water & Wastewater Services Supervisor Operations, Assistance to all work areas Water & Wastewater Services Coordinator Sampling, Testing & Monitoring and Drinking-Water Quality, Assistance to all work areas 4.1.2 In order for a DWS supply or service to be considered “essential”, the supply or service must fit at least one of the following criteria: Essential to the safe delivery of water Related to disinfection of drinking-water or drinking-water infrastructure 4.1.3 Operating Authority staff identified in Section 4.1.1 consult with the Water & Wastewater Coordinator in identifying DWQMS essential supplies and services. A List of Essential DWS Supplies and Services (MW-WWW-DWS-LM-009-001) is compiled by the Water & Wastewater Services Coordinator for tracking purposes. This list is updated as supplies or services are added, deleted or modified. For each supply or service, the list includes a primary supplier(s) or service provider(s) if specified, along with an alternate supplier/service provider (where possible) to be used if the primary supplier/service provider is unavailable. Page 221 of 358 Page 360 of 640Page 222 of 355 Page 669 of 1092 DWQMS Essential Supplies and Services MW-WWW-DWS-PRO-009-001 This document is CONTROLLED unless otherwise noted. Rev 8 Page 3 of 5 DO NOT PHOTOCOPY 4.2 Procurement of Essential Supplies 4.2.1 For each identified essential supply, the Operating Authority identifies whether a minimum inventory of the supply must be maintained by the City. Where a minimum inventory must be maintained, the minimum inventory level and/or reordering threshold is documented. The Operating Authority works with the City’s Procurement Department as required to establish and record these inventory levels. 4.2.2 Any primary and/or alternate suppliers of essential supplies are documented in relevant City Procurement records. Purchase orders for essential supplies are issued to the primary supplier unless otherwise requested by appropriate Operating Authority staff. 4.2.3 The Operating Authority works with the City’s Procurement Department to ensure that appropriate documentation and processes are established for the procurement of essential supplies (i.e., purchase orders, etc.). All essential suppliers MUST complete a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM-009-001) indicating that they have received appropriate training/information and are aware of their potential impacts on the safety of drinking-water. 4.2.4 All City Procurement policies and processes must be followed when procuring supplies for the DWS. 4.2.5 Essential supply providers with existing agreements with the City of Niagara Falls, can only be asked to sign a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM- 009-001), as the existing agreement can not be altered until it is expires. 4.2.6 Essential supply providers with new agreements with the City of Niagara Falls, will be required to sign a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM-009- 001). 4.3 Procurement of Essential Services 4.3.1 For each identified essential service, the Operating Authority identifies a primary service provider. Where possible, an alternate supplier should also be identified. 4.3.2 Any primary and/or alternate essential service providers are documented in relevant City Procurement records. (These records may include, but are not limited to, results of vendor prequalification.) Purchase orders for essential services are issued to the primary service provider unless otherwise requested by appropriate Operating Authority staff. 4.3.3 The Operating Authority works with the City’s Procurement Department to ensure that appropriate documentation and processes are established for the procurement of essential services (i.e., purchase orders, etc.). All essential service providers MUST complete a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM-009-001) indicating that they have received appropriate training/information and are aware of their potential impacts on the safety of drinking-water. 4.3.4 All City Procurement policies and processes must be followed when procuring services for the DWS. Page 222 of 358 Page 361 of 640Page 223 of 355 Page 670 of 1092 DWQMS Essential Supplies and Services MW-WWW-DWS-PRO-009-001 This document is CONTROLLED unless otherwise noted. Rev 8 Page 4 of 5 DO NOT PHOTOCOPY 4.3.5 Essential service providers with existing agreements with the City of Niagara Falls, can only be asked to sign a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM- 009-001), as the existing agreement can not be altered until it is expires. 4.3.6 Essential service providers with new agreements with the City of Niagara Falls, will be required to sign a DWQMS Vendor Acknowledgement (MW-WWW-DWS-FRM-009- 001). 4.4 QA Review 4.4.1 A QA Review of essential supplies and services is undertaken at minimum once per year. The review is conducted by the Water & Wastewater Services Coordinator with input and participation from the Operating Authority staff identified in Section 4.1.1 of this procedure. 4.4.2 DWS Vendors of essential supplies and services are rated according to a three-level system. Each vendor’s QA review examines the provision of supplies or services over the course of the previous year, and includes examination of any non-conformances issued against the vendor over this time period. Rating criteria are identified as follows: Rating Criteria 1 (Good) Vendor or product has relevant certifications (ANSI-NSF, CSA, AWWA, etc.). Minimal to no non-conformances have been issued relating to the vendor’s performance or the quality/quantity of the supplied good or service. Vendor response to non-conformances is satisfactory. 2 (Adequate) Vendor or product does not have relevant certifications (ANSI-NSF, CSA, AWWA, etc.). Several non-conformances have been issued relating to the vendor’s performance or the quality/quantity of the supplied good or service. Vendor response to non-conformances requires improvement. 3 (Action Required) Multiple non-conformances have been issued relating to the vendor’s performance or the quality/quantity of the supplied good or service. Vendor response to non-conformances is unsatisfactory. ***Wherever action is required with respect to a DWS Vendor, Top Management and any other affected Managers/Supervisors must be informed. 4.4.3 The Water & Wastewater Services Coordinator forwards the results of the QA Review to Top Management along with any recommendations for Vendor non-conformances, Vendor continual improvement initiatives, or Vendor exclusions. It is recommended that QA Review results be included as an input to the DWQMS Management Review (see DWQMS Management Review, MW-WWW-DWS-PRO-016-001). Page 223 of 358 Page 362 of 640Page 224 of 355 Page 671 of 1092 DWQMS Essential Supplies and Services MW-WWW-DWS-PRO-009-001 This document is CONTROLLED unless otherwise noted. Rev 8 Page 5 of 5 DO NOT PHOTOCOPY 4.4.4 If a DWS Vendor is excluded from providing goods or services relating to the drinking- water system, the Water & Wastewater l Services Coordinator works with the Procurement Department to inform the vendor and resolve any outstanding issues or payments. The List of Essential DWS Supplies and Services (MW-WWW-DWS-LM- 009-001) is updated accordingly. 4.5 Vendor Non-Conformances 4.5.1 Non-conformances may be issued to DWS Vendors. These should be documented as per DWQMS Preventive and Corrective Action (MW-WWW-DWS-PRO-017-001). The Operating Authority documents the non-conformance and requests that the DWS Vendor complete the Root Cause Analysis and the Corrective Action Plan. Verification of effectiveness of the corrective action may be completed either by the Vendor or by the Operating Authority, depending on the nature of the non-conformance and of the corrective action. 4.5.2 When a vendor non-conformance is identified, the Water & Wastewater Services Coordinator works with selected Operating Authority staff (as per the table in Section 4.1.1 of this procedure) to document the non-conformance. The Water & Wastewater Services Coordinator communicates the non-conformance to the vendor with a requested date for response. 4.5.3 Vendor non-conformance reports (with corrective actions) are reviewed on an annual basis as part of the Vendor QA Review. 4.5.4 Where circumstances warrant, the Water & Wastewater Services Coordinator may elect to request an internal audit of the DWS Vendor’s facility or services in order to verify implementation of corrective actions. 5.0 ASSOCIATED DOCUMENTS DWQMS Vendor Acknowledgement: MW -WWW-DWS-FRM-009-001 List of Essential DWS Supplies and Services: MW -WWW-DWS-LM-009-001 DWQMS Management Review: MW -WWW-DWS-PRO-016-001 DWQMS Preventive and Corrective Action: MW -WWW-DWS-PRO-017-001 6.0 REVISION HISTORY Revision No.: 8 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Services Page 224 of 358 Page 363 of 640Page 225 of 355 Page 672 of 1092 DWQMS Review and Provision of Infrastructure MW -WWW-DWS-PRO-010-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 1 of 5 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document the process followed by the City of Niagara Falls in reviewing the adequacy of its drinking-water system infrastructure. 2.0 SCOPE The infrastructure review process described in this procedure is applied to all aspects of the City of Niagara Falls’ drinking-water distribution system as per the requirements of the MOE’s DWQMS Standard. 3.0 DEFINITIONS DWQMS Drinking Water Quality Management Standard DWS Drinking-Water System DWS Infrastructure Review Annual review of the adequacy of infrastructure necessary to operate and maintain the City’s drinking-water system. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the DWQMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management includes the General Manager, Municipal Works. 4.0 RESPONSIBILITIES Mayor & Council Provide appropriate resources necessary for completion of DWS infrastructure reviews. Review results of annual DWS Infrastructure Review and consider results in allocation of resources for the DWS. Chief Administrative Officer Review results of annual DWS Infrastructure Review and consider in the preparation of annual budgets for the DWS. Title: DWQMS Review and Provision of Infrastructure Document #: MW-WWW-DWS-PRO-010-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 10 No. of Pages: 5 Page 225 of 358 Page 364 of 640Page 226 of 355 Page 673 of 1092 DWQMS Review and Provision of Infrastructure MW -WWW-DWS-PRO-010-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 2 of 5 DO NOT PHOTOCOPY General Manager, Municipal Works Allocate resources for completion of annual DWS Infrastructure Review. Review results of annual DWS Infrastructure Review prior to review by the Owner. Communicate DWS Infrastructure Review results to the Owner. Director of Finance Update annual Water and Sewer Rate Reports for Council approval. Senior Manager of Asset Management Participate in annual DWS Infrastructure Review. Ensure that technical databases are updated and maintained. Senior Manager of Water & Wastewater Services Participate in annual DWS Infrastructure Review. Water & Wastewater Services Coordinator Coordinate the development of any required procedures and documentation relating to DWS Infrastructure Reviews. Compile background material for DWS Infrastructure Reviews. Coordinate and participate in annual DWS Infrastructure Reviews. Ensure that DWS Infrastructure Review documentation is kept up- to-date. All Staff Identify issues regarding condition of DWS infrastructure requiring consideration in the DWS infrastructure review and notify Supervisor or member of infrastructure review team. 5.0 PROCEDURE 5.1 The following illustrates the DWS infrastructure review process: Compile infrastructure review documentation (See Section 5.1.1) Assemble DWS infrastructure review team (See Section 5.1.2) Conduct annual DWS infrastructure review (See Section 5.1.3) Revise associated documentation (See Section 5.1.4) Report to Council (See Section 5.1.5) Annual DWS Infrastructure Reviews Required Page 226 of 358 Page 365 of 640Page 227 of 355 Page 674 of 1092 DWQMS Review and Provision of Infrastructure MW -WWW-DWS-PRO-010-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 3 of 5 DO NOT PHOTOCOPY 5.1.1 Step 1: Compile & Review Background Material The Water & Wastewater Services Coordinator compiles the necessary documents for the DWS Infrastructure Review Team which could include: o 10-Year Watermain & Water System Sustainability Forecast o Watermain Break Data; o Cartêgraph OMS Maintenance Management System data, asset data & graphics; o Chlorine residual data; o Records of relevant customer complaints; o Hydrant flow data; o Results of relevant historical DWS Infrastructure Reviews; o Information received during Operations Staff Infrastructure Review o Other DWS operations data, as necessary. This task may be completed with the assistance of the Senior Manager of Asset Management. The Water & Wastewater Services Coordinator may circulate selected documentation to the DWS Infrastructure Review Team in advance of the meeting for their review and consideration if desired. In the first quarter of each year, the Water & Wastewater Services Coordinator and the Senior Manager of Asset Management meet with the Senior Manager of Water & Wastewater Services and the Water & Wastewater Services Supervisors to discuss the up coming Capital Projects for that year and to review the revised Watermain Replacement Work List. Records of meeting minutes are managed according to Control of Records (MW-WWW-DWS-PRO-003-001). 5.1.2 Step 2: Assemble DWS Infrastructure Review Team Members of the City of Niagara Falls’ DWS Infrastructure Review Team may include the Senior Manager of Asset Management, the Senior Manager of Water & Wastewater Services, Water & Wastewater Services Supervisors and the Water & Wastewater Services Coordinator. Other City staff and/or external resources may be invited to participate in infrastructure reviews to provide expertise in specific aspects of the operations and/or condition of DWS infrastructure. Members of the DWS Infrastructure Review Team should be familiar with the City’s water distribution infrastructure and its performance history. The DWS Infrastructure Review Team has the authority to make recommendations for the implementation of recommended infrastructure improvements. 5.1.3 Step 3: Conduct DWS Infrastructure Reviews Annual Infrastructure Reviews The DWS Infrastructure Review Team meets on an annual basis to review the previous year’s operational history and proposed infrastructure rehabilitation plans for the subsequent year. Minutes are kept of these meetings. Records of meeting Page 227 of 358 Page 366 of 640Page 228 of 355 Page 675 of 1092 DWQMS Review and Provision of Infrastructure MW -WWW-DWS-PRO-010-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 4 of 5 DO NOT PHOTOCOPY minutes are managed according to Control of Records (MW-WWW-DWS-PRO- 003-001). Infrastructure replacement strategies are developed and prioritized based on known water quality issues and ability to maintain fire flows. Other criteria include: Watermain break history; Knowledge of watermain condition information; Information collected during Operations Staff Infrastructure Review Ability to isolate the City system at Regional Connection Points; Lack of redundancy in feeds to system areas; Coordination with other proposed infrastructure projects (i.e., roadwork). As an outcome of the meetings, the DWS Infrastructure Review Team prepares an annual DWS Infrastructure Review Report for Council. The DWS Infrastructure Review Report describes the conclusions of the infrastructure reviews and outlines recommendations regarding proposed DWS infrastructure renewal projects for the subsequent year. The DWS Infrastructure Review Report is provided to the General Manager, Municipal Works as an input to the Department’s annual budget. Following this, the Report is provided to the Director of Finance to assist with the preparation of the City’s annual Water and Sewer Rates Report, Current Budget and Capital Budget (see Section 5.1.4 of this procedure). 5.1.4 Step 4: Revise Associated Documentation The General Manager, Municipal Works circulates a copy of the annual DWS Infrastructure Review Report to the Director of Finance. In the event, rate studies, infrastructure needs studies or other water related infrastructure studies are commissioned, these may be used instead of or in addition to the Infrastructure Review Report. The Senior Manager of Asset Management updates the 10-Year Watermain & Water System Sustainability Forecast as required with the outputs of the DWS Infrastructure Review. 5.1.5 Step 5: Report to Council A Municipal Works Asset & Infrastructure Report is prepared annually for the Owner. This report outlines the status of drinking-water system infrastructure, and can include other Municipal infrastructure. The DWS Infrastructure Review Report is provided to the Owner. The Report provides information regarding the DWS Infrastructure Review Team’s discussion of DWS infrastructure adequacy and the Team’s recommended DWS infrastructure renewal projects. The Report should be provided in advance of the presentation of the annual Water & Sewer Rates Report to Council by the Director of Finance. In the event, rate studies, infrastructure needs studies or other water related infrastructure studies are commissioned, these may be used instead of or in addition to the Infrastructure Review Report. Page 228 of 358 Page 367 of 640Page 229 of 355 Page 676 of 1092 DWQMS Review and Provision of Infrastructure MW -WWW-DWS-PRO-010-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 5 of 5 DO NOT PHOTOCOPY 5.2 Records of DWS Infrastructure Reviews All records relating to completed DWS infrastructure reviews shall be filed in accordance with Control of Records (MW-WWW-DWS-PRO-003-001). 6.0 ASSOCIATED DOCUMENTS Control of Records: MW -WWW-DWS-PRO-003-001 7.0 REVISION HISTORY Revision No.: 10 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and City staff title changes and change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 229 of 358 Page 368 of 640Page 230 of 355 Page 677 of 1092 DWQMS Sampling, Testing and Monitoring MW-WWW-DWS-PRO-012-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 7 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to describe required distribution system sampling, testing & monitoring activities completed by City of Niagara Falls’ Operating Authority Staff, including the types and numbers of samples required, frequency of sampling, and Standard Operating Procedures to be followed. 2.0 SCOPE This procedure applies to all sampling, testing and monitoring conducted or delegated by the City of Niagara Falls’ Operating Authority as required by the applicable regu lations and/or for the operation of the drinking water system. This procedure is written in accordance with the requirements of O. Reg. 170/03, “Drinking-Water Systems” and O. Reg. 319/08 “Small Drinking Water Systems”. 3.0 DEFINITIONS Adverse Result 1. A result that exceeds any of the standards prescribed by Schedule 1, 2 or 3 of O. Reg. 169/03, other than the standard for fluoride. 2. A result indicating the presence of Aeromonas spp., Pseudomonas aeruginosa, Staphylococcus aureus, Clostridium spp. or fecal streptococci (Group D streptococci). 3. A result indicating the presence of a pesticide not listed in Schedule 2 of O. Reg. 169/03. 4. A result indicating that the concentration of free chlorine residual is less than 0.05 milligrams per litre in a distribution sample. 5. A result containing Total Coliform or E. Coli from a Small Drinking Water System AWQI Adverse Water Quality Incident Distribution Sample A water sample that is taken in the drinking water system’s distribution system or in plumbing that is connected to the drinking water system, from a point significantly beyond the point at which drinking water enters the distribution system or plumbing. Grab Sample A discreet, single sample of water collected at a particular time and place that represents the composition of the water only at that time and place. Certified Drinking- Water System Operator Person who conducts operational checks or who adjusts, tests or evaluates a process that controls the effectiveness or efficiency of a drinking-water system, including the flow, pressure or quality of water within the drinking-water system. Title: DWQMS Sampling, Testing & Monitoring Document #: MW-WWW-DWS-PRO-012-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 9 No. of Pages: 8 Page 230 of 358 Page 369 of 640Page 231 of 355 Page 678 of 1092 DWQMS Sampling, Testing and Monitoring MW-WWW-DWS-PRO-012-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 7 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES General Manager Municipal Works Provide resources to ensure that all sampling and testing listed in Section 5.0 of this procedure is conducted in accordance with O. Reg. 170/03 and O. Reg. 319/08 requirements and City Standard Operating Procedures. Ensure that records and results of sampling and testing are maintained. Communicate sampling, testing and monitoring results with Council. Water & Wastewater Services Coordinator Ensure that master copies of sampling records are protected as per DWQMS Control of Records (MW-WWW-DWS-PRO-003-001). Manage relevant records as specified in the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001). Ensure that all required DWS sampling is completed in accordance with O. Reg. 170/03, O. Reg. 319/08 and any other legislative/regulatory requirements, and City Standard Operating Procedures. Assign sampling responsibilities to qualified Water Operations Staff according to Water Distribution System Sampling Schedule (MW-WWW-DWS-VIS-012-005). Handle and store sampling and testing records and results according to DWQMS Control of Records (MW-WWW-DWS-PRO- 003-001). Communicate and respond to Adverse Water Quality Incidents as per Adverse Water Quality Incident Reporting – O. Reg. 170/03 (MW-WWW-DWS-SOP-012-001), Adverse Water Quality Incident Reporting – O. Reg. 319/08 (MW-WWW-DWS-SOP-012-007) and Section 5.3 of this procedure. Senior Manager of Water & Wastewater Services Ensure that all necessary resources are available for remain compliant with O. Reg. 170/03 and O. Reg. 319/08. Water & Wastewater Services Supervisor(s) Assign sampling responsibilities to qualified Water Operations Staff according to Water Distribution System Sampling Schedule (MW-WWW-DWS-VIS-012-005). Handle and store sampling and testing records and results according to DWQMS Control of Records (MW-WWW-DWS-PRO- 003-001). Communicate and respond to Adverse Water Quality Incidents as per Adverse Water Quality Incident Reporting - O. Reg. 170-03 and O. Reg. 319/08 (MW-WWW-DWS-SOP-012-001 and MW- WWW-DWS-SOP-012-007) and Section 5.3 of this procedure. Water Operations Staff Complete required drinking-water sampling as delegated by the Water & Wastewater Services Supervisor or Water & Wastewater Services Coordinator. Complete testing of drinking-water samples (where authorized) according to related standards and protocols. Communicate Adverse Water Quality Incidents to the City immediately upon obtaining the adverse test result. Page 231 of 358 Page 370 of 640Page 232 of 355 Page 679 of 1092 DWQMS Sampling, Testing and Monitoring MW-WWW-DWS-PRO-012-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 7 DO NOT PHOTOCOPY Accredited Testing Laboratory Complete required testing of drinking-water samples according to laboratory standards and protocols. Provide notification of Adverse Water Quality Incidents to the City immediately upon obtaining the adverse test result. 5.0 PROCEDURE 5.1 General The City of Niagara Falls’ drinking water system is a Class 2 distribution system and is considered a large municipal residential drinking water system under O. Reg. 170/03. Treated water is provided by Niagara Region; as such, the City’s Operating Authority Staff are responsible for distribution system sampling as required by the Regulation. The City of Niagara Falls also is responsible for the sampling and testing of water one Small Drinking Water System located in the rural area of the City. Sampling, testing and monitoring activities must be undertaken by a Certified Operator or Water Quality Analyst. External testing of drinking-water system samples must be completed by an accredited environmental laboratory approved by the Operating Authority. Approved laboratories are identified in List of Essential DWS Supplies and Services (MW-WWW-DWS- LM-009-001). Sampling and monitoring requirements for the City’s drinking-water distribution system are identified in Table 1 of this document (page 5). As per O. Reg. 170/03, selected samples are required to be taken at a point in the system where conditions are most challenging (if applicable). Where this is a requirement for the sample in question, sample location conditions are outlined in the Table. A list of additional sampling conducted in the distribution as a result of construction, repairs or customer complaints is provided in Table 2. 5.2 Upstream Sampling, Testing and Monitoring Activities As per O. Reg. 170/03, Niagara Region is required to conduct raw water and treated water sampling activities. Related sampling requirements for the Region are outlined in O. Reg. 170/03 (in accordance with the Schedules applicable to a “Large Municipal Residential System” that uses surface water as source water) and include inorganic and organic parameters (Schedules 23 and 24), nitrates, nitrites, sodium, fluoride and turbidity. Results of testing are summarized and forwarded to the City by Regional staff. This is completed as per the Memorandum of Understanding – Water Servicing between Niagara Region and the City of Niagara Falls (April 21, 2016). Test results shared with City staff include free chlorine residual data, raw water data, and treated water data. 5.3 Adverse Test Results The testing laboratory provides immediate oral notification to the City in the event of an adverse test result, as per O. Reg. 170/03, Schedule 16. The person receiving the laboratory’s call regarding the AWQI immediately contacts a Water & Wastewater Services Supervisory staff member (or designate). Any test result indicating that the free chlorine residual is below 0.05 Page 232 of 358 Page 371 of 640Page 233 of 355 Page 680 of 1092 DWQMS Sampling, Testing and Monitoring MW-WWW-DWS-PRO-012-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 4 of 7 DO NOT PHOTOCOPY mg/L must also be reported to the Water & Wastewater Services Supervisory staff member (or designate). The Water & Wastewater Services Supervisory staff member (or designate) provides immediate oral notification to the Medical Officer of Health and the MOE Spills Action Centre in accordance with the Regulation, and must record the names of the people spoken to and the details of the conversation. Contact information for the Medical Officer of Health and the MOE Spills Action Centre is included in the DWQMS Emergency Contact List (MW-WWW-DWS-LM-014-001). Further Adverse Water Quality Incident reporting requirements and procedures are outlined in Adverse Water Quality Incident Reporting – O. Reg. 170/03 (MW-WWW-DWS-SOP-012- 001). For Adverse Quality Incident Reporting for Small Drinking Water Systems, Adverse Water Quality Incident Reporting – O. Reg. 319/08 (MW-WWW-DWS-SOP-012-007) will be followed. Page 233 of 358 Page 372 of 640Page 234 of 355 Page 681 of 1092 DWQMS Sampling, Testing and Monitoring MW-WWW-DWS-PRO-012-001 9This document is CONTROLLED unless otherwise noted Rev 9 Page 5 of 7 DO NOT PHOTOCOPY Table 1: Drinking-Water System Sampling & Monitoring – Regulatory Requirements O. Reg. 170/03 Parameter Number & Frequency of Samples Sample Location Conditions Relevant SOP Chlorine residual Minimum of seven (7) distribution samples to be collected each week, with four (4) collected one day and the remaining three (3) at least 48 hours later N/A MW-WWW-DWS-SOP-012-004 Testing conducted in conjunction with collection of bacteriological samples From same location at time of bacteriological sample collection Microbiological (TC, E. coli, HPC) Minimum of one hundred and one (101)1 distribution samples to be collected each month, with at least one sample collected per week N/A MW-WWW-DWS-SOP-012-003 Trihalomethanes (THMs) Minimum of one (1) sample every three months From a location likely to have an elevated potential for the formation of THMs MW-WWW-DWS-SOP-012-002 Haloacetic Acid (HAA) Minimum of one (1) sample every three months From a location likely to have an elevated potential for the formation of HAA MW-WWW-DWS-SOP-012-006 Lead To be collected twice annually, a minimum2 of: 40 sampling points from services to residences 4 sampling from services that do not serve residences 8 sampling points in the distribution system From services or plumbing suspected or likely to be lead or to contain lead solder MW-WWW-DWS-SOP-012-005 1 The City currently collects an average of 28 samples for microbiological analysis per week, which in general results in a total of 112 samples per month. At present, this exceeds the total number of samples required under the Regulation based on the existing service population of 92,069 (February 2021). 2 The total number of samples to be collected as part of the reduced lead sampling program is based on the regulatory requirements for “Population Served by Drinking Water System” between 50,000 and 99,999. Page 234 of 358Page 373 of 640Page 235 of 355Page 682 of 1092 DWQMS Sampling, Testing and Monitoring MW-WWW-DWS-PRO-012-001 9This document is CONTROLLED unless otherwise noted Rev 9 Page 6 of 7 DO NOT PHOTOCOPY Table 2: Distribution System Sampling & Monitoring – Construction, Repairs and Complaints – O. Reg. 170/03 Parameter Number & Frequency of Samples Sample Location Conditions Relevant SOP Sampling Conducted as Part of Construction or Repairs Microbiological (E. coli, total coliforms) Samples collected following completion of installation or repair (in accordance with ANSI/AWWA Standard C651) As per requirements of Standard MW-WWW-DWS-SOP-012-003 Chlorine residual Samples collected following completion of installation or repair (in accordance with ANSI/AWWA Standard C651) As per requirements of Standard MW-WWW-DWS-SOP-012-004 Complaint-Based Sampling Microbiological (E. coli, total coliforms, HPC) One (1) sample collected on an as-requested basis From the affected areas using cold water taps only, where possible MW-WWW-DWS-SOP-012-003 Chlorine Residual One (1) sample collected on an as-requested basis From the affected areas using cold water taps only, where possible MW-WWW-DWS-SOP-012-004 Table 3: Small Drinking Water Systems Sampling & Monitoring – O. Reg. 319/08 Parameter Number & Frequency of Samples Sample Location Conditions Relevant SOP Sampling Conducted Microbiological (E. coli, total coliforms) Samples collected once every three months, as per the Public Health Directive Document From the point at which water enters the small drinking water system’s distribution system or plumbing that is connected to the small drinking water system. N/A Page 235 of 358Page 374 of 640Page 236 of 355Page 683 of 1092 DWQMS Sampling, Testing and Monitoring MW -WWW-DWS-PRO-012-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 7 of 7 DO NOT PHOTOCOPY 5.4 Communication of Sampling, Testing & Monitoring Results with the Owner O. Reg. 170/03 The Drinking-Water System Annual Report summarizes all drinking-water system sampling and testing results, including any adverse results; this report is prepared and made available to the public by February 28th of each calendar year. The Drinking Water System Annual Summary Report is prepared and provided for Council review by March 31st of each calendar year. At that time any drinking water results which exceed Provincial standards are reported. 5.5 Documents and Records All records of sampling, testing and monitoring activities are maintained as per the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003-001). 6.0 ASSOCIATED DOCUMENTS DWQMS Control of Records: MW-WWW-DWS-PRO-003-001 DWQMS Record Control Matrix: MW -WWW-DWS-LM-003-001 List of Essential DWS Supplies and Services: MW -WWW-DWS-LM-009-001 Adverse Water Quality Incident Reporting – O. Reg. 170/03: MW-WWW-DWS-SOP-012-001 Adverse Water Quality Incident Reporting – O. Reg. 319/08: MW-WWW-DWS-SOP-012-007 THM Sampling: MW-WWW-DWS-SOP-012-002 HAA Sampling: MW -WWW-DWS-SOP-012-006 Microbiological Sampling – Weekly Sampling: MW -WWW-DWS-SOP-012-003 Chlorine Residual Sampling: MW-WWW-DWS-SOP-012-004 DWS Lead Sampling: MW -WWW-DWS-SOP-012-005 DWQMS Emergency Contact List: MW -WWW-DWS-LM-014-001 DWQMS Preventive & Corrective Action: MW -WWW-DWS-PRO-017-001 7.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 236 of 358 Page 375 of 640Page 237 of 355 Page 684 of 1092 Emergency Management MW-WWW-DWS-PRO-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 6 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to identify the processes and methods used to maintain a state of emergency preparedness within the City of Niagara Falls’ drinking water system, to document training and testing requirements for emergency response, and to identify emergency communication protocols and emergency contacts. 2.0 SCOPE This procedure applies to Water Operations staff at the City of Niagara Falls’ Municipal Works Department. This procedure may also apply to staff outside the City’s Water Operations staff, depending on the emergency situation. 3.0 DEFINITIONS Drinking Water Emergency A situation or service interruption that is non-routine and may result in the loss of the ability to maintain a supply of safe drinking water to a significant number of City drinking water customers. Emergency A situation or the threat of impending situations abnormally affecting property and the health, safety and welfare of the Community, which by their nature require a controlled and coordinated response. Niagara Falls Emergency Response Procedures Manual for Drinking Water A series of situational drinking water emergency response procedures and supporting documentation that has been compiled into a single manual for quick reference. 4.0 RESPONSIBILITIES Mayor & Council Provide resources to ensure that Water & Wastewater Services staff are able to maintain a state of emergency preparedness General Manager, Municipal Works Allocate resources to ensure that Water & Wastewater Services staff are able to maintain a state of emergency preparedness Review results of completed drinking water emergency response and recovery training Participate in drinking water emergency response and recovery training as required Communicate results of emergency response and recovery to Title: Emergency Management Document #: MW-WWW-DWS-PRO-014-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 9 No. of Pages: 6 Page 237 of 358 Page 376 of 640Page 238 of 355 Page 685 of 1092 Emergency Management MW-WWW-DWS-PRO-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 6 DO NOT PHOTOCOPY Committee of the Whole and/or Council Senior Manager, Water & Wastewater Services Ensure the Water & Wastewater Services Division is able to maintain a state of drinking water emergency preparedness Participate in drinking water emergency response and recovery training as required ORO Ensure the Water & Wastewater Services Division is able to maintain a state of drinking water emergency preparedness Identify and react accordingly to emergency events relating to the drinking water system Participate in drinking water emergency response and recovery training as required Water & Wastewater Services Supervisors Identify and react accordingly to emergency events relating to the drinking water system Participate in drinking water emergency response and recovery training as required All Staff Notify Water & Wastewater Services Supervisor or Water & Wastewater Services Coordinator of any significant process or condition changes that may require additional emergency response development, training or testing Participate in drinking water emergency response and recovery training as required 5.0 PROCEDURE 5.1 Drinking Water Emergency Situation Identification 5.1.1 A potential drinking water emergency situation is identified. During regular business hours the Senior Manager of Water & Wastewater Services or Water & Wastewater Services Supervisor is notified of the situation. During after hours, the on-call Shift Supervisor is informed of an issue. After hours, using personal experience and knowledge the Shift Supervisor determines if the situation is outside the scope of his/her distribution system expertise; if so Shift Supervisor immediately contacts the Senior Manager of Water & Wastewater Services. Refer to DWQMS Personnel Coverage, (MW-WW-DWS-PRO-007-001). 5.1.2 Based on the information given, the individual receiving the call will determine if the situation is a drinking water emergency, a standard water quality issue or an issue requiring further investigation by a Water & Wastewater Services Certified Water Operator. Page 238 of 358 Page 377 of 640Page 239 of 355 Page 686 of 1092 Emergency Management MW-WWW-DWS-PRO-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 6 DO NOT PHOTOCOPY a) situation can be deemed a drinking water emergency if any one of the following is thought to have occurred: - An individual has been seen tampering with the water distribution system Suspected Tampering of Distribution System (MW-WWW-DWS-SOP-014- 004) - Water is spraying from a road where a regional transmission main is located Under Regional control, contact Region. - Water is leaking from the water storage tank (water tower) Under Regional control, contact Region. - An individual has reported water being sucked back into an outlet (hose, faucet etc) Suspected Backflow or Cross Connection (MW-WWW-DWS-SOP-014- 002) The aforementioned list is not intended to be inclusive. In the event where an incident not listed above occurs, refer to Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001). b) If the situation is a standard water quality issue (brown water, bad smell or taste) refer to Water Quality Complaint Based Sampling (MW-WWW-DWS-SOP-011- 034). c) A situation may require further investigation based on the information given to the individual receiving the call. A Water & Wastewater Services Certified Water Operator will be sent out to further investigate the call and report the findings back to the Supervisor or Senior Manager. Upon receiving the information it may be decided that a drinking water emergency situation is occurring. 5.2 Potential Emergency Situation Reaction 5.2.1 The Senior Manager of Water & Wastewater Services or designate must be informed immediately of any identified drinking water emergencies affecting the Niagara Falls distribution system. 5.2.2 In responding to the emergency, refer to the appropriate procedure located in the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW- WWW-DWS-MAN-014-001). 5.2.3 If the situation is not addressed within the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001), the Senior Manager of Water & Wastewater Services Manager or designate immediately contacts the General Manager, Municipal Works. 5.2.4 The General Manager, Municipal Works follows protocol as described in the City of Niagara Falls Emergency Plan (Corporate document). Page 239 of 358 Page 378 of 640Page 240 of 355 Page 687 of 1092 Emergency Management MW-WWW-DWS-PRO-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 4 of 6 DO NOT PHOTOCOPY 5.2.5 If a situation should arise where declaration of a Corporate emergency is required, this can only be done by Head of Council as described in the Emergency Management and Civil Protection Act R.S.O. 1990, Chapter E.9. 5.3 Niagara Falls Emergency Response Procedures Manual for Drinking Water 5.3.1 The purpose of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001) is to describe the reasonable steps that should be taken in response to situations that would adversely affect the City’s ability to sustain normal operations over a particular period of time. 5.3.2 The scope of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001) is restricted to drinking water-related emergencies only and does not address the response requirements for any other services provided by the City of Niagara Falls. The City of Niagara Falls Emergency Response Plan (Corporate document) is in place to deal with emergencies not relating to the drinking water system. 5.3.3 The procedures contained within the Niagara Falls Emergency Response Procedures Manual for Drinking Water include the following: - Water Quality Complaint Based Sampling (MW-WWW-DWS-SOP-011-034) - Boil Water Do Not Use Water Advisory (MW-WWW-DWS-SOP-014-001) - Suspected Backflow or Cross Connection (MW-WWW-DWS-SOP-014-002) - Source Failure - Widespread Water Loss (MW-WWW-DWS-SOP-014-003) - Suspected Tampering of Distribution System (MW-WWW-DWS-SOP-014-004) - Water Conservation (MW-WWW-DWS-FRM-014-001) - Do Not Use Water Form (MW-WWW-DWS-FRM-014-002) - Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001) - Boil Water Notice and FAQ (MW-WWW-DWS-VIS-014-001) - Critical Users List (MW-WWW-DWS-LM-014-002) - Watermain Break Repair (MW-WWW-DWS-SOP-011-001) - Special Case Contamination (MW-WWW-DWS-SOP-014-005) - Response to Customer Calls By Switchboard (MW-WWW-DWS-SOP-021-001) - Do Not Use Water for Any Purpose Poster (MW-WWW-DWS-VIS-014-002) - Emergency Drinking Water Provision Guideline (MW-WWW-DWS-PRO-014-002) Owner and Operating Authority responsibilities are outlined in each of the individual response procedures listed above. 5.3.4 Copies of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001) can be found at the following locations: - City Hall, Office of the General Manager, Municipal Works - Municipal Works Service Centre, Water & Wastewater Services Supervisors office area - On the City’s U drive “U:\DWQMS\Niagara Falls Emergency Response Procedures Manual for Drinking Water” 5.4 Communication During Emergency Situations Page 240 of 358 Page 379 of 640Page 241 of 355 Page 688 of 1092 Emergency Management MW-WWW-DWS-PRO-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 5 of 6 DO NOT PHOTOCOPY 5.4.1 In the event of a drinking water emergency, communication shall follow the protocol described in the scenario specific response plans within the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001). 5.4.2 A list of selected City staff and external contacts that may be contacted in an emergency can be found in the Drinking Water Emergency Contact List (MW-WWW-DWS-LM- 014-001) 5.4.3 In the event of an emergency outside the scope of the drinking water contingency plan, all communication shall follow the communication protocol as described in the City of Niagara Falls Emergency Plan (Corporate document). The City of Niagara Falls Emergency Plan is also used in instances where the scope of a drinking water-related emergency is too large for the Operating Authority to handle without significant additional resources or outside intervention. (Refer to Section 5.2 of this procedure.) 5.4.4 In the event of an emergency affecting the Regional Municipality of Niagara’s drinking water system or drinking water infrastructure, the Senior Manager of Water & Wastewater Services (or designate) is responsible for contacting appropriate Regional staff to report the issue. Contact information for Regional staff can be found in Drinking Water Emergency Contact List (MW-WWW-DWS-LM-014-001). 5.5 Emergency Training and Testing 5.5.1 The Water & Wastewater Services Coordinator is responsible for developing and facilitating emergency response training and/or testing. This may involve presentations, group review of procedures, facilitation of table-top exercises, and/or development of mock drills of emergency scenarios. These scenarios will not be shown to anyone involved in the training/testing sessions prior to beginning the training/testing. 5.5.2 Training activities may be completed in conjunction with testing activities. 5.5.3 Prior to annual drinking water emergency response testing, the Water & Wastewater Services Coordinator will ensure up to date copies of the Niagara Falls Emergency Response Procedures Manual for Drinking Water (MW-WWW-DWS-MAN-014-001). 5.5.4 After completing the exercise, the group will discuss areas of response improvement. 5.5.5 Records of emergency response training and testing are maintained as per DWQMS Control of Records (MW-WWW-DWS-PRO-003-001). 6.0 ASSOCIATED DOCUMENTS Niagara Falls Emergency Response Procedures Manual for Drinking Water: MW -WWW-DWS- MAN-014-001 Drinking Water Emergency Contact List: MW -WWW-DWS-LM-014-001 City of Niagara Falls Emergency Response Plan Regional Municipality of Niagara Emergency Response Procedures Manual For Water/Wastewater Page 241 of 358 Page 380 of 640Page 242 of 355 Page 689 of 1092 Emergency Management MW-WWW-DWS-PRO-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 6 of 6 DO NOT PHOTOCOPY Regional Municipality of Niagara Emergency Response Procedures Quick Reference Guide For Water/Wastewater 7.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): Addition of Emergency Documents and change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 242 of 358 Page 381 of 640Page 243 of 355 Page 690 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 1 of 8 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document the process for planning, executing and documenting DWQMS Internal Audits, including recording of non-conformances and reporting of results to Top Management and the Owner. 2.0 SCOPE This procedure applies to all drinking-water-related operations at the City of Niagara Falls. This procedure may apply to staff outside of the City’s Municipal Works Department or external agencies hired to perform the internal audit, depending on their level of involvement with the drinking-water system or related processes. 3.0 DEFINITIONS Audit Independent, objective review and examination of documentation and operations to ensure continued conformance with a predetermined standard of operations. Audit Criteria Set of policies, procedures or requirements. For DWQMS audits, criteria include (but are not limited to) the DWQMS Operational Plan and supporting procedures. Audit Evidence Verifiable records, statements of fact or other information that is relevant to the audit criteria. Audit Findings Results of the evaluation of collected audit evidence against audit criteria. Audit Plan Specific plan for an audit including audit scope, audit objectives, audit team, schedule, audit tools and resources, format for audit outputs and other components related to a specific audit. Audit Program Set of one or more audits related to a management system over a set time frame. The audit program is the overall plan that details how audits are to be conducted and the number and type of audits included in the time frame. Audit Objectives Definition of what is to be accomplished by the audit. Audit Scope Description of the extent and boundaries of the audit. Auditee Person or group of people being audited. Title: DWQMS Internal Auditing Document #: MW-WWW-DWS-PRO-015-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 11 No. of Pages: 8 Page 243 of 358 Page 382 of 640Page 244 of 355 Page 691 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 2 of 8 DO NOT PHOTOCOPY Auditor Person with the training and competence to conduct an audit as identified by Top Management. Audit Team One or more auditors conducting an audit, supported by technical experts as required. Corrective Action Action to eliminate the cause of a detected non-conformance. Competence Demonstrated personal attributes and demonstrated ability to apply knowledge and skills. Document Any written procedure or form pertaining to the drinking-water system that is deemed to be important to the functioning of the DWS. DWQMS Drinking Water Quality Management Standard. Element Lead Auditor For each element, one auditor will be selected to take lead. This auditor will ask questions and gather all data to report back to the Lead Auditor Lead Auditor Member of the audit team who leads the audit team and organizes and directs the audit team for a selected audit. Only one Lead Auditor should be selected per audit plan. For any given internal audit, the QMS Representative may serve as Lead Auditor or may select an alternate Lead Auditor from the Internal Auditor pool or may select a qualified outside agency. Non-Conformance Non-fulfillment of a requirement of the DWQMS Standard or a City procedure relating to the DWS and/or DWQMS. Opportunity for Improvement Finding from an audit that is not a non-conformance or non-compliance, but whose implementation would be beneficial for the system. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council. Observer An optional part of the audit team, the Observer watches and takes additional notes during the audit of an element. Preventive & Corrective Action Request Form used to document non-conformances and Preventive & Corrective Action Plans. Preventive Action Action to eliminate the cause of a potential non-conformance. Record Document stating results achieved or evidence of action taken. Recorder For each element, a Recorder will be assigned; this individual will record the questions and responses asked by the Element Lead Auditor. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions respecting the DWQMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management is defined as the General Manager, Municipal Works. Page 244 of 358 Page 383 of 640Page 245 of 355 Page 692 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 3 of 8 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Top Management Provide resources such as staff, training, and time allocation for the audit process. Assist in the identification of potential Internal Auditors. Water & Wastewater Services Coordinator Ensure that DWQMS Internal Audits are executed according to legislative requirements, DWQMS Standard requirements and the requirements of this procedure. Lead DWQMS Internal Audits (or designate alternate Lead Auditor) according to requirements set forth in the DWQMS Standard and the Audit Plan. Compile audit findings for presentation to Top Management as an input to Management Review. Internal Auditors Complete audits of designated work areas according to the Audit Plan and/or the Lead Auditor’s instruction. Document audit findings and forward to the Lead Auditor for compilation. Create non-conformance reports as required. Technical Experts Provide specific knowledge or expertise to the audit team and act as a resource for the audit team. All Municipal Works Staff Truthfully answer all auditors’ questions and work together with the auditing teams to ensure audits are effective. 5.0 PROCEDURE 5.1 Identification and Appointment of Auditors and Audit Teams 5.1.1 Top Management is responsible for approving internal auditors. The Water & Wastewater Services Coordinator may provide input to the internal auditor selection process. Internal auditors can include Municipal Works Department staff, other City staff, representatives from other municipalities, or external consultants. Internal auditors must meet the minimum competency requirements as outlined in Section 5.1.2. 5.1.2 Internal Auditors are selected according to the following minimum competency requirements: Internal Auditors must possess an understanding of both the requirements and the intent of the DWQMS Standard; Internal Auditors must receive appropriate Internal Auditor training or comparable training, Internal Auditors should have a good knowledge of the drinking-water system operation and of drinking water quality requirements; Internal Auditors must be familiar with the Department of Municipal Works’ DWQMS auditing procedures and protocols. 5.1.3 Internal Audit Teams are appointed and must remain impartial and objective regarding the area to be audited and may not audit their own work (i.e. area of responsibility) at any time. Page 245 of 358 Page 384 of 640Page 246 of 355 Page 693 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 4 of 8 DO NOT PHOTOCOPY 5.1.4 For each element, members of the Internal Audit Team shall be assigned the roles of Element Lead Auditor, Recorder and Observer (optional). These roles shall for each element, unless outside consultants are retained to perform the audit. In this case, the consultant shall organize their audit team. 5.2 Audit Scheduling 5.2.1 Audit schedules are developed by the Water & Wastewater Services Coordinator in consultation with the Lead Auditor. Audits are scheduled based on the relevance and importance of the element or process to be audited, as well as on previous internal and external audit results. Audit performed by consultants, shall be arranged with the Environmental Services Coordinator. 5.2.2 Elements with higher risk factors, or elements in which issues have been identified in past audits, may be scheduled at a higher frequency than those that are “low-risk” or in which issues have not been identified. 5.2.3 The DWQMS must be audited in its entirety once every calendar year (i.e., all elements must be audited). All DWQMS system processes, Water Standard Operating Procedures and/or field activities that fall under the scope of the DWQMS must be audited at least once every five years. The Water & Wastewater Services Coordinator is responsible for ensuring that this requirement is met. 5.2.4 As part of the Management Review process, Top Management reviews the audit program on an annual basis and suggests potential continual improvement initiatives. 5.2.5 Top Management is responsible for providing the resources and employee time to support DWQMS internal audits. The Water & Wastewater Services Coordinator shall ensure that records and procedures to support internal audits are developed and readily available. 5.3 Auditors’ Sources of Information Internal Auditors can use many sources of information as tools to guide their audits, including the DWQMS, the City’s DWQMS auditing procedure and protocols, system-level and operational procedures relating to the area to be audited, audit checklists and results from previous related audits. 5.4 Auditors’ Conduct During an Audit The Audit Team must show due diligence when conducting an audit and adhere to the principles of Ethical Conduct, Fair Presentation, Due Professional Care, Independence, Evidence-based Approach. Page 246 of 358 Page 385 of 640Page 247 of 355 Page 694 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 5 of 8 DO NOT PHOTOCOPY 5.5 The Audit Process The audit process is illustrated in Figure 5-1 and is described in detail in Sections 5.6 to 5.12. Figure 5-1: Internal Audit Process Initiate Audit (5.6) Conduct Document Review (5.7) Prepare for On-Site Audit Activities (5.8) Conduct On-Site Audit Activities (5.9) Prepare, Approve & Distribute Audit Report (5.10) Complete Audit (5.11) Conduct Audit Follow-Up (5.12) 5.6 Initiate the Audit 5.6.1 The Water & Wastewater Services Coordinator appoints, or acts as, Lead Auditor for each audit. If the audit is being performed by a consultant, they will act as lead. 5.6.2 The Water & Wastewater Services Coordinator initiates the Audit Plan by identifying and documenting the objectives, scope and criteria for the audit. This is completed with assistance from the Lead Auditor. In the event a consultant is performing the audit, the consultant shall create the audit plan. 5.6.3 The feasibility of the audit is determined by the Water & Wastewater Services Coordinator with assistance from the Lead Auditor. In determining audit feasibility, such factors as the availability of records, adequate access to staff, adequate time and adequate resources must be considered. Where the audit is not feasible, an alternative audit schedule shall be proposed. 5.6.4 The Audit Team is selected by the Water & Wastewater Services Coordinator with assistance from the Lead Auditor. Auditors are selected based on their adherence to minimum criteria (as defined in Section 5.1.2) and on their ability to remain impartial and objective in conducting their assigned audit(s). 5.6.5 As a component of the Audit Plan, the Water & Wastewater Services Coordinator develops the DWQMS Internal Audit Schedule, and will check the availability of staff who shall be interviewed during the audit. 5.6.6 The Internal Audit Schedule is circulated to the auditee(s) and to the Audit Team in advance of the internal audit. Within the Schedule, DWQMS elements and/or processes are assigned to individual auditors or audit teams. Page 247 of 358 Page 386 of 640Page 248 of 355 Page 695 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 6 of 8 DO NOT PHOTOCOPY 5.7 Conduct Document Review Each scheduled Internal Auditor conducts a review of relevant documentation prior to initiating their on-site audit with the auditee. The purpose of the document review is to determine the conformance of the documented system with DWQMS Standard requirements. The documentation to be reviewed should be scoped to the processes and/or elements that the Internal Auditor is scheduled to audit. The overall document review process is managed and overseen by the Lead Auditor. 5.8 Prepare for the On-site Audit Activities 5.8.1 The Lead Auditor finalizes the Audit Plan, taking into account any relevant findings from the Document Review. The Audit Plan is used to facilitate scheduling and coordination of the audit activities. 5.8.2 Where the Document Review has identified a specific area of concern, the Lead Auditor highlights these concerns with the Auditor(s) assigned to the affected element or process and specifies any enhanced audit tasks in the Audit Plan. 5.8.3 Internal Auditors should use the relevant sections of the DWQMS Internal Audit Checklist (MW-WWW-DWS-FRM-015-001) to record their audit findings. The Audit Team may wish to create additional tools to assist them in carrying out the DWQMS internal audits such as audit sampling plans, forms, etc. 5.8.4 The Lead Auditor gathers information regarding any pertinent health and safety considerations that auditors may encounter during their assigned audits. The Lead Auditor ensures that Auditors receive any required safety training to ensure their safety in completing the audits. 5.8.5 The Lead Auditor is responsible for coordinating the acquisition of any required personal protective equipment for auditors if the auditee is providing the equipment. 5.9 Conduct On-site Audit Activities 5.9.1 The completion of an Opening Meeting is optional and, where required, is to be coordinated by the Water & Wastewater Services Coordinator. The Lead Auditor chairs the opening meeting. 5.9.2 The Audit Team confers periodically throughout the audit to exchange information, assess audit progress, and to reassign work between Audit Team members as needed. Auditors record their observations on the DWQMS Internal Audit Checklist (MW- WWW-DWS-FRM-015-001). During the audit, the Lead Auditor periodically communicates the progress of the audit and any concerns to the Water & Wastewater Services Coordinator. 5.9.3 Guides and observers may accompany Audit Team members. They must not influence or interfere with audit interviews or processes. The need for a guide will be determined by the Lead Auditor. Page 248 of 358 Page 387 of 640Page 249 of 355 Page 696 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 7 of 8 DO NOT PHOTOCOPY 5.9.4 Audit evidence is collected by appropriate sampling and is verified and documented. Only information that is verifiable can be considered as audit evidence. 5.9.5 Audit evidence is evaluated against the audit criteria to generate the audit findings. Audit findings can indicate either conformity or nonconformity with audit criteria. 5.9.6 The Audit Team meets prior to the closing meeting to review the audit findings and any other appropriate information collected during the audit, to formulate audit conclusions, to prepare recommendations, and to discuss audit follow-up action items including discussion of opportunities for improvement. 5.9.7 The completion of a Closing Meeting is optional and, where required, is to be coordinated by the Water & Wastewater Services Coordinator. Items discussed at the closing meeting include audit findings, audit conclusions, and agreement on timeframes for auditees to present any required corrective or preventive action plans. Recommendations for improvement should also be presented, if applicable, although recommendations are not binding. 5.10 Prepare, Approve and Distribute the Audit Report 5.10.1 The Lead Auditor prepares the audit report with assistance from the Audit Team. The audit report provides a complete, accurate, concise and clear record of the audit and includes the audit objectives, scope, identification of the Audit Team and auditees, dates and places where the on-site audit activities were conducted, audit criteria, audit findings and audit conclusions. 5.10.2 The Lead Auditor assembles completed DWQMS Preventive and Corrective Action Requests (MW-WWW-DWS-FRM-017-001). These are included with the final Audit Report. (Refer to Section 5.12.1.) 5.10.3 The audit report must be issued within a predetermined time period. The Audit Report is reviewed and approved by the Water & Wastewater Services Coordinator. 5.11 Complete the Audit 5.11.1 The audit is considered “complete” when all activities described in the Audit Plan have been carried out and the approved audit report has been distributed. 5.12 Conduct Audit Follow-Up 5.12.1 Audit conclusions may indicate the need for corrective, preventive or improvement actions. Each Internal Auditor is responsible for documenting any non-conformances and/or potential non-conformances identified during his/her audit using the DWQMS Preventive and Corrective Action Request (MW-WWW-DWS-FRM-017-001). 5.12.2 The Environmental Services Coordinator, in consultation with Departmental Managers, identifies persons responsible for implementing the corrective or preventive actions as required and completing the associated form as per DWQMS Preventive and Corrective Action (MW-WWW-DWS-PRO-017-001). Page 249 of 358 Page 388 of 640Page 250 of 355 Page 697 of 1092 DWQMS Internal Auditing MW -WWW-DWS-PRO-015-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 8 of 8 DO NOT PHOTOCOPY 5.12.3 The Water & Wastewater Services Coordinator monitors the status of corrective and preventive actions. The completion and effectiveness of corrective and preventive actions is verified by the Lead Auditor or an Audit Team delegate. Depending on the risk associated with the identified nonconformance, the Water & Wastewater Services Coordinator may wish to complete a second verification. 5.12.4 Upon completion of scheduled internal audits, the Water & Wastewater Services Coordinator (or designate) reviews audit findings and compiles the information for presentation to Top Management. Audit findings must be considered in future relevant audits. 5.12.5 Top Management reviews the results of internal audits as an input to Management Review. Refer to DWQMS Management Review (MW-WWW-DWS-PRO-016-001). Where required for any outstanding corrective or preventive actions, Top Management assists in providing resolution, or may delegate resolution actions to appropriate staff. 6.0 ASSOCIATED DOCUMENTS DWQMS Internal Audit Checklist: MW -WWW-DWS-FRM-015-001 DWQMS Management Review: MW-WWW-DWS-PRO-016-001 DWQMS Preventive and Corrective Action Request: MW -WWW-DWS-FRM-017-001 7.0 REVISION HISTORY Revision No.: 11 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General revision and change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 250 of 358 Page 389 of 640Page 251 of 355 Page 698 of 1092 DWQMS Management Review MW-WWW-DWS-PRO-016-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 1 of 5 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document the process for planning, executing and documenting DWQMS Management Reviews, including provision of feedback to the Operating Authority and reporting of review results to the Owner. 2.0 SCOPE This procedure is to be followed by Top Management of the City of Niagara Falls’ Operating Authority. 3.0 DEFINITIONS Non-Conformance Non-fulfillment of a requirement of a management system or a City procedure. Corrective Action Action to eliminate the cause of a detected non-conformance. DWQMS Drinking Water Quality Management Standard. Management Review Review by Top Management of various indicators to assess the performance, continuing suitability, adequacy and effectiveness of the DWQMS. Owner Legal or beneficial owner of the DWS. For the City of Niagara Falls, the Owner is represented by the Mayor and Council, with the Chief Administrative Officer as an Owner Representative. Preventive Action Action to eliminate the cause of a potential non-conformance. Record Document stating results achieved or evidence of action taken. Top Management Person(s) at the highest management level within the Operating Authority that makes decisions regarding the DWQMS and recommendations to the Owner regarding the DWS. For the City of Niagara Falls, Top Management is defined as the General Manager, Municipal Works. Title: DWQMS Management Review Document #: MW-WWW-DWS-PRO-016-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 10 No. of Pages: 5 Page 251 of 358 Page 390 of 640Page 252 of 355 Page 699 of 1092 DWQMS Management Review MW-WWW-DWS-PRO-016-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 2 of 5 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Owner Consider DWQMS Management Review results in determination of resource requirements for the drinking-water system. Top Management Complete a DWQMS Management Review at least once every calendar year, ensuring that the Review aligns with requirements of the DWQMS Standard and of this procedure. Identify deficiencies and develop action items to address deficiencies. Retain records of completed Management Reviews that include decisions, action items, personnel delegated to action items, and timelines for resolution implementations. Report results of Management Reviews to the Owner, including identified deficiencies, decisions and action items. Water & Wastewater Services Coordinator Coordinate and schedule Management Reviews and ensure that they are completed at least once annually. Develop any procedures or forms required for the completion & recording of the Management Review. Gather and organize data related to required Management Review inputs. Present data to Top Management as part of Management Review activity. Assist Top Management in the execution of the Management Review which takes place once every calendar year. Follow up on deficiencies identified during Management Review and ensure that action items are completed and documented. 5.0 PROCEDURE 5.1 Purpose of the DWQMS Management Review The purpose of the DWQMS Management Review is to evaluate the continuing suitability, adequacy and effectiveness of the City’s DWQMS and to identify any areas where improvement is required. The Management Review process ensures that all levels of the organizational structure (i.e., Owner, Top Management and Operating Authority) are kept informed and aware of DWQMS and DWS performance. 5.2 Scheduling of and Preparation for Management Review 5.2.1 DWQMS Management Review meetings are held at least once every calendar year. Management Review Meetings should be conducted upon completion of the City’s annual DWQMS Internal Audit and prior to the City’s next scheduled third-party audit by the Accreditation Body. 5.2.2 The DWQMS Management Review can be conducted as one meeting, or can be split into several smaller meetings over the course of the calendar year. Regardless of selected meeting style (i.e., one or several), all required review inputs and agenda items must be addressed over the course of the year. Page 252 of 358 Page 391 of 640Page 253 of 355 Page 700 of 1092 DWQMS Management Review MW-WWW-DWS-PRO-016-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 3 of 5 DO NOT PHOTOCOPY 5.2.3 The Water & Wastewater Services Coordinator is responsible for scheduling and coordinating the DWQMS Management Review. The Water & Wastewater Services Coordinator attends Management Review meetings as a facilitator, presenting the required information to Top Management for review and answering questions concerning the information presented. 5.2.4 Other City staff may be invited to assist in presenting information to the Management Review Team, or in reviewing the information presented, where they offer additional expertise or insight regarding the subject matter. The Water & Wastewater Services Coordinator should confer with a Top Management Representative prior to inviting any additional presenters to the Management Review. 5.2.5 Additional Reviewers may be invited to participate in Management Reviews as necessary and at the discretion of Top Management. 5.2.6 Prior to the Management Review Meeting, the Water & Wastewater Services Coordinator issues a meeting agenda to all participants. The DWQMS Management Review Meeting Agenda/Checklist (MW-ES-DWS-FRM-016-001) is used as a template for development of the agenda and includes minimum requirements for a DWQMS Management Review. Staff should confer with the Water & Wastewater Services Coordinator if additional discussion items are to be added to the meeting agenda. (Refer to Section 5.3.2 below.) 5.3 Required Inputs to Management Review 5.3.1 Inputs to DWQMS Management Review must include (but are not limited to): a. Incidents of regulatory non-compliance; b. Incidents of adverse drinking-water tests; c. Deviations from critical control point limits and response actions; d. Efficacy of the risk assessment process; e. Internal and third-party audit reports; f. Results of emergency response testing; g. Operational performance; h. Raw water supply and drinking-water quality trends; i. Follow-up on action items from previous management reviews; j. Status of management action items identified between management reviews; k. Changes that could affect the Quality Management System; l. Consumer feedback (i.e., internal & external communications) m. Resources needed to maintain the Quality Management System; n. Results of DWQMS Infrastructure Review; o. Operational Plan currency, content & updates; p. Staff suggestions. 5.3.2 The Water & Wastewater Services Coordinator is responsible for compiling all required input data for the Management Review. Any additional discussion items (i.e., over and above items (a) – (p) above) should be explicitly added to the Management Review Agenda prior to distribution. Page 253 of 358 Page 392 of 640Page 254 of 355 Page 701 of 1092 DWQMS Management Review MW-WWW-DWS-PRO-016-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 4 of 5 DO NOT PHOTOCOPY 5.4 Required Outputs of Management Review 5.4.1 Top Management reviews all information presented and makes recommendations for improvement of the DWQMS. These recommendations must include, at minimum: a. Identified deficiencies of the DWQMS and supporting documentation and/or processes; b. Action items to address identified deficiencies; c. Person(s) delegated to complete action items; d. Timeframes for completion of action items. Recommendations should be included for existing, unresolved deficiencies identified in past Management Review meetings, as well as for any new deficiencies identified in the current Management Review. 5.4.2 DWQMS Management Review outputs are documented and retained as proof of completion of the review. The Water & Wastewater Services Coordinator (or designate) is responsible for preparing minutes of Management Review Meetings using DWQMS Management Review Meeting Minutes Template (MW-ES-DWS-FRM-016-002). Minutes should be circulated to Top Management within one month of completion of the Management Review meeting. Minutes will include ACTION items resulting from the Review, specific personnel responsible for delivering these action items, as well as the proposed timelines for their implementation 5.5 Documentation and Follow-Up of Identified Deficiencies 5.5.1 The Water & Wastewater Services Coordinator is responsible for ensuring that deficiencies identified in Management Review meetings are documented as non- conformances where required. This should be completed as per DWQMS Preventive and Corrective Action (MW-ES-DWS-PRO-017-001). 5.6 Communication of Management Review Results to the Owner 5.6.1 Management Review outcomes must be communicated to the Owner. This task can be completed by Top Management. This communication may be achieved in one of several ways: - Circulation of Management Review meeting minutes; - Preparation of Information Reports for Community Services Committee; - Presentations at Community Services Committee; - Presentations & Reports to Council. 6.0 ASSOCIATED DOCUMENTS DWQMS Management Review Meeting Agenda/Checklist: MW -WWW-DWS-FRM-016-001 DWQMS Management Review Meeting Minutes Template: MW -WWW-DWS-FRM-016-002 DWQMS Preventive and Corrective Action: MW -WW-DWS-PRO-017-001 Page 254 of 358 Page 393 of 640Page 255 of 355 Page 702 of 1092 DWQMS Management Review MW-WWW-DWS-PRO-016-001 This document is CONTROLLED unless otherwise noted. Rev 10 Page 5 of 5 DO NOT PHOTOCOPY 7.0 REVISION HISTORY Revision No.: 10 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): Revision and Change of Divisions and document titles (formerly Environmental Services, and changed to Water & Wastewater Services). Removal of Senior Manager, Water & Wastewater Services as Top Management, as this position is solely held by the General Manager, Municipal Works. Summary of Change(s): See above Page 255 of 358 Page 394 of 640Page 256 of 355 Page 703 of 1092 DWQMS Preventive & Corrective Action MW-WWW-DWS-PRO-017-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 4 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document the process to ensure effective resolution of DWQMS nonconformances. This process includes root cause analysis, identification and implementation of preventive / corrective actions, and verification of their effectiveness. 2.0 SCOPE This procedure applies to all drinking-water-related operations at the City of Niagara Falls. This procedure may apply to staff outside of the City’s Municipal Works Department, depending on their level of involvement with the drinking-water system or related processes. The scope of this procedure does not include the reporting of Adverse Water Quality Incidents (AWQIs); processes for reporting of AWQIs are detailed in Adverse Water Quality Incident Reporting – O. Reg. 170-03 (MW-WWW-DWS-SOP-012-001), and Adverse Water Quality Incident Reporting – O. Reg. 319-08 (MW-WWW-DWS-SOP-012-007). 3.0 DEFINITIONS Audit Independent, objective review and examination of documentation and operations to ensure continued compliance with a predetermined standard of operations. Non-Conformance Non-fulfillment of a requirement of a management system, a City procedure or a regulatory requirement. Corrective Action Action to eliminate the cause of a detected non-conformance. Document Any written procedure or form pertaining to the drinking-water system that is deemed to be important to the functioning of the drinking-water system. DWQMS Drinking Water Quality Management Standard. Preventive Action Action to eliminate the cause of a potential non-conformance. Record Document stating results achieved or evidence of action taken. Root Cause Analysis Step by step investigation that leads to the discovery of a non- conformance’s first root cause with the purpose to determine what can be done to solve or prevent it from happening again. Corrective Action Request (CAR) Form used to document non-conformances and Corrective Action Plans. Preventive Action Request (PAR) Form used to document Preventive Action Plans. Title: DWQMS Preventive and Corrective Action Document # MW-WWW-DWS-PRO-017-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Erik Nickel Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 9 No. of Pages 4 Page 256 of 358 Page 395 of 640Page 257 of 355 Page 704 of 1092 DWQMS Preventive & Corrective Action MW-WWW-DWS-PRO-017-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 4 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Top Management Provide resources for the preventive & corrective action process including staff, training and time allocation. Water & Wastewater Services Coordinator Document non-conformance and Preventive & Corrective Action Plan as DWQMS Preventive and Corrective Action Request Form (MW-WWW-DWS-FRM-017-001). Verify effectiveness of preventive & corrective actions. Approve and close DWQMS Preventive Action Request Form (MW-WWW-DWS-FRM-017-001). Report on the status of non-conformances, preventive and corrective actions at Management Review meetings. Create and review corrective action plans. Departmental Supervisors Document non-conformance and Preventive & Corrective Action Plan as DWQMS Preventive and Corrective Action Request Form (MW-WWW-DWS-FRM-017-001). All Staff Identify DWQMS non-conformances. Report identified DWQMS non-conformances to Supervisor. 5.0 PROCEDURE 5.1 Authority All Water Operations Staff have the authority to report identified DWQMS non-conformances to their immediate Supervisors. 5.2 Identification of Non-Conformances Actual or potential DWQMS nonconformances are identified through the following means: (a) DWQMS internal and Accreditation Body audits, (b) Communication (internal or external), (c) Monitoring and measurement of DWQMS Performance, (d) DWQMS Management Reviews, (e) Employee suggestions, (f) Owner (Council) Communications. (g) Risk Assessment (h) Essential Supply and Service Review (i) Emergency Response Training 5.3 Preventive and Corrective Action Procedure 5.3.1 A nonconformance is identified by a City of Niagara Falls employee and reported to his or her immediate Supervisor. Page 257 of 358 Page 396 of 640Page 258 of 355 Page 705 of 1092 DWQMS Preventive & Corrective Action MW-WWW-DWS-PRO-017-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 4 DO NOT PHOTOCOPY 5.3.2 The non-conformance and Preventive & Corrective Action Plan is documented on a DWQMS Preventive and Corrective Action Request Forms (MW-WWW-DWS-FRM- 017-001) by the immediate Supervisor with assistance from the Water & Wastewater Services Coordinator. Additional staff may be asked to participate in the documentation of the non-conformance, specifically in the Root Cause Analysis (RCA) process. A RCA should utilize staff’s knowledge while preventing their biases from controlling the direction of the investigation. In some cases, a root cause and subsequent preventive and corrective actions may be systematic and therefore should be applied across the entire system or organization. Items to be documented on this form include: PAR / CAR# Issued to Issued by Date Issued Required Due Date Source of PAR/ CAR Related DWQMS Element Subject of Preventive/Corrective Action Root Cause Preventive & Corrective Action Plan 5.3.3 The immediate Supervisor and the Water & Wastewater Services Coordinator will designate appropriate Water Operations Staff to implement the preventive & corrective actions. 5.3.4 The Preventive & Corrective Action Plan is reviewed and approved by the General Manager, Municipal Works or Senior Manager of Water & Wastewater Services, depending on the scope of the non-conformance. The reviewer must ensure the following: Root cause has been properly identified, The proposed preventive and corrective actions are commensurate with the nonconformance, The required preventive and corrective actions have been assigned to the appropriate parties. 5.3.5 After the preventive or corrective action has been implemented, the Water & Wastewater Services Coordinator verifies the effectiveness of the action taken. On the DWQMS Preventive and Corrective Action Request Form (MW-WWW-DWS-FRM-017-001), the Water & Wastewater Services Coordinator indicates the method used to verify the implementation of the preventive and corrective actions and the outcome of the verification activity. The Water & Wastewater Services Coordinator signs the DWQMS Preventive and Corrective Action Request Form (MW-WWW-DWS-FRM-017-001) to indicate that it has been verified. 5.3.6 The Water & Wastewater Services Coordinator approves and closes out the DWQMS Preventive and Corrective Action Request Form (MW-WWW-DWS-FRM-017-001). 5.3.7 Completed and approved DWQMS Preventive and Corrective Action Request Forms (MW-WWW-DWS-FRM-017-001) are retained by the Water & Wastewater Services Coordinator as per the DWQMS Record Control Matrix (MW-WWW-DWS-LM-003- 001). 5.4 Status of Non-Conformances Page 258 of 358 Page 397 of 640Page 259 of 355 Page 706 of 1092 DWQMS Preventive & Corrective Action MW-WWW-DWS-PRO-017-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 4 of 4 DO NOT PHOTOCOPY The Environmental Services Coordinator reports on the status of non-conformances, preventive & corrective actions at annual DWQMS Management Review Meetings as per DWQMS Management Review (MW-WWW-DWS-PRO-016-001). 6.0 ASSOCIATED DOCUMENTS DWQMS Management Review: MW -WWW-DWS-PRO-016-001 DWQMS Preventive Action Request: MW -WWW-DWS-FRM-017-001 DWQMS Corrective Action Request: MW-WWW-DWS-FRM-017-002 DWQMS Record Control Matrix: MW -WWW-DWS-LM-003-001 Adverse Water Quality Incident Reporting - O. Reg. 170-03: MW -WWW-DWS-SOP-012-001 Adverse Water Quality Incident Reporting - O. Reg. 319-08: MW -WWW-DWS-SOP-012-007 7.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions and document titles (formerly Environmental Services, and changed to Water & Wastewater Services). Removal of retired form MW- ES-DWS-FRM-017-002, as this was combined with MW-ES- DWS-FRM-017-001 in 2021. Summary of Change(s): See above Page 259 of 358 Page 398 of 640Page 260 of 355 Page 707 of 1092 DWQMS Competencies and Training MW -WWW-DWS-PRO-006-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to outline processes followed by Operating Authority staff in planning, scheduling and tracking training activities for staff performing work directly affecting drinking water quality (i.e., Certified Water Operators) in order to ensure continued compliance with Operator certification requirements. 2.0 SCOPE This procedure is to be followed by the City of Niagara Falls Water & Wastewater Services Staff who are responsible for the planning, schedule and tracking of training requirements for Certified Water Operators. This procedure falls under the scope of the Drinking Water System. 3.0 DEFINITIONS Continuing Education Unit (CEU) Unit used to measure the length of a course. 10 Hours of contact training is equivalent to 1.0 CEU. InfoHR Software system used by the Water & Wastewater Services Coordinator to track the completed safety & corporate training of Water & Wastewater Services Staff members. (The software is owned by the City’s Human Resources Department.). CEU training and other on the job (OTJ) training is tracked in excel documents by the Water & Wastewater Services Coordinator. 4.0 RESPONSIBILITIES Top Management • Provide Water & Wastewater Services with necessary resources (staff time and budget) to fulfill training requirements of O. Reg. 128/04. Senior Manager of Water & Wastewater Services • Approve Certified Operator participation in training programs/courses as selected by Water & Wastewater Services Coordinator. • Provide necessary time off for Water Operators to attend training sessions. • Provide guidance in the selection of training courses and sessions. Water & Wastewater Services Coordinator • Select and schedule training for Water Operators in accordance with the requirements of O. Reg. 128/04. • Coordinate with the Senior Manager of Water & Wastewater Services regarding time off for Staff without leaving department Title: DWQMS Competencies and Training Document #: MW-WWW-DWS-PRO-006-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 7 No. of Pages: 3 Page 260 of 358 Page 399 of 640Page 261 of 355 Page 708 of 1092 DWQMS Competencies and Training MW -WWW-DWS-PRO-006-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 3 DO NOT PHOTOCOPY insufficiently staffed. • Make every effort to schedule training in local areas. • Maintain Water Operator training records. • Input Water Operator training records into InfoHR and appropriate excel training record document upon completion of training. 5.0 PROCEDURE 5.1 Planning of Training 5.1.1 Course calendars are reviewed by the Water & Wastewater Services Coordinator from Director-Approved training and education providers. 5.1.2 Training programs and courses are selected for Water Operators based on location, topic, CEU requirements and/or on-the job training requirements. 5.1.3 In selecting training courses for Water Operators, the Water & Wastewater Services Coordinator takes the Operator’s current training status into consideration, including: - Drinking Water Operator Certification expiry date; - Number of CEUs required to maintain certification; - Number of on-the-job training hours required to maintain certification. The Water & Wastewater Services Coordinator makes efforts to schedule training for Water Operators such that all required training hours are obtained in advance of expiry of the Operator’s Certification. This minimizes costs associated with last-minute training events and allows for more flexibility in the selection of training topics and training course location. 5.1.4 The Water & Wastewater Services Coordinator makes every effort to schedule training a minimum of 3 weeks ahead of time to ensure that Water Operators are available for training while ensuring continued personnel coverage for drinking water system operations. 5.2 Scheduling of Training 5.2.1 Training is scheduled by the Water & Wastewater Services Coordinator. The Water & Wastewater Services Coordinator will try to find training that does not require overnight accommodations for the participant. 5.2.2 The Water & Wastewater Services Coordinator completes appropriate paperwork with the help of the Water & Wastewater Services Staff member going to the training. 5.2.3 Training confirmations are kept and filed in the Staff member’s training tracking binder. 5.3 Tracking of Training 5.3.1 The Water & Wastewater Services Coordinator is responsible for entering training records into InfoHR or the excel training record document. Each Water Operator has their own file within InfoHR where training will be entered. The Water & Wastewater Services Coordinator also keeps a tracking binder for each Water Operator to store training confirmations and copies of relevant hard-copy records. Page 261 of 358 Page 400 of 640Page 262 of 355 Page 709 of 1092 DWQMS Competencies and Training MW -WWW-DWS-PRO-006-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 3 of 3 DO NOT PHOTOCOPY 5.3.2 Parameters for each training session are entered into InfoHR, or the excel training record document, including number of CEU’s, hours of training completed, the name of the training provider and trainer, and any applicable expiry dates. 5.3.3 Training reports can be printed for Water Operations staff on request. 5.4 Impact of Duties on Drinking Water Quality 5.4.1 Each Certified Water Operator at the City of Niagara Falls is required to complete the Ministry of the Environment’s mandatory renewal course. Completion of this course is required in order to maintain Drinking Water Operator Certification. The course focuses on the essentials of safe drinking water and the maintenance of drinking water quality by ensuring distribution system integrity, and ensures that Water Operators are aware of the relevance of their duties and how they affect safe drinking water. 6.0 ASSOCIATED DOCUMENTS None. 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): Page 262 of 358 Page 401 of 640Page 263 of 355 Page 710 of 1092 DWQMS Awareness Training MW-WWW-DWS-PRO-006-002 This document is CONTROLLED unless otherwise noted. Rev 10 Page 1 of 2 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to plan, schedule and track the DWQMS awareness training. 2.0 SCOPE This procedure is to be followed by City of Niagara Falls Water & Wastewater Services Staff responsible for ensuring Staff are aware of the relevance of their duties as it pertains to the DWQMS. This procedure falls under the scope of the Drinking Water Quality Management Standard. 3.0 DEFINITIONS InfoHR Software system used by the Human Resources Division of the City of Niagara Falls, used by the Water & Wastewater Services Coordinator to track the completed corporate safety training of Water & Wastewater Services Staff members. 4.0 RESPONSIBILITIES Senior Manager, Water & Wastewater Services • In the event of the Water & Wastewater Services Coordinators absence, answer Staff questions regarding the relevance of their duties as it pertains to the DWQMS. Water & Wastewater Services Supervisor • Provide necessary time for Staff to attend awareness sessions. Water & Wastewater Services Coordinator • Meet with and provide Staff members with awareness training as to how their duties pertain to the DWQMS. • Coordinate with Water & Wastewater Services Supervisor regarding time for Staff to attend awareness training without leaving department insufficiently staffed. • Document awareness training attendance. • Place confirmation of attendance in Staff member’s training binder • Input upon completion Staff members corporate safety training information into InfoHR. • Input all other training in training tracking excel doc and/or in staffs personal training binders (hard copy) 5.0 PROCEDURE Title: DWQMS Awareness Training Document #: MW-WWW-DWS-PRO-006-002 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: December 2022 Start of Next Review Period: As Required Revision #: 10 No. of Pages: 2 Page 263 of 358 Page 402 of 640Page 264 of 355 Page 711 of 1092 DWQMS Awareness Training MW-WWW-DWS-PRO-006-002 This document is CONTROLLED unless otherwise noted. Rev 10 Page 2 of 2 DO NOT PHOTOCOPY 5.1 DWQMS Awareness Training for City Staff 5.1.1 The Water & Wastewater Services Coordinator will prepare awareness training documentation and information for Staff that require awareness training. Training will be modified based on duties and responsibilities. 5.1.2 The Water & Wastewater Services Coordinator will schedule awareness training with Environmental Services Supervisor 3 days in advance of the training. Due to the unpredictable nature of emergency repairs it is understood that personnel may change based on departmental needs. 5.1.3 Awareness training will take place approximately every three years. For new Staff members, training will take place within the first years of employment with the Water & Wastewater Services division. 5.1.4 Training will take place with a maximum of 10 Staff members present. 5.1.5 Upon completion Staff members will sign an attendance sheet. A copy of this sheet will be placed in Employee’s Training Binder. The Water & Wastewater Services Coordinator will also input attendance information into the Employee’s file. 5.1.6 Staff not within Water & Wastewater Services, will be trained as necessary based on job requirements and upon request. 5.2 DWQMS and MDWL Program Training for Successful Bidders on Capital Projects involving drinking water system. 5.2.1 Prior to any water work commencing on a capital project, the successful bidder must submit Safe Drinking Water Act awareness training Record of Review to City staff, this document ensures that the contractor is aware of the Safe Drinking Water Act and the contractors roles and responsibilities within the Act. 6.0 ASSOICATED DOCUMENTS - InfoHR Software 7.0 REVISION HISTORY Revision No.: 10 Date of Last Revision: December 2022 Last Approval Date: December 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services). Summary of Change(s): See above Page 264 of 358 Page 403 of 640Page 265 of 355 Page 712 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)1 Upstream Transmission (Region) Upstream Water Quality from NF WTP Inadequate disinfection Biological contamination of water Residual chlorine sampling 2x/wk Region monitors WTP effluent and reports data to City on weekly basis (chlorine residuals, turbidity, etc.) 2 5 2 20 No - Regional control O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001); Source Water Quality – Possible Compromise (ERP-WT-ALL-P-006); Contamination within the Water Treatment Plant or System (ERP-WT-ALL-P- 009); Confirmed Adverse Drinking Water Quality Second connection through Decew (McLeod Rd) - completion in 2011 2 Upstream Transmission (Region) Upstream Water Quality from NF WTP Inadequate chlorine residual Biological contamination of water Residual chlorine sampling 2x/wk Chlorine booster stations (West of QEW only) w/ continual analyzer (SCADA) Regional procedures (reference) - includes trending & monitoring Regional emergency response 2 4 1 8 No - Regional control O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001); Confirmed Adverse Drinking Water Quality Results (ERP-WT-ALL- P-010) 3 Upstream Transmission (Region) Upstream Water Quality from Lundy's Lane elevated tank Inadequate chlorine residual Biological contamination of water Residual chlorine sampling 2x/wk Regional procedures (reference) - includes trending & monitoring 2 4 2 16 No - Regional control O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001); Confirmed Adverse Drinking Water Quality Results (ERP-WT-ALL- P-010) 4 Upstream Transmission (Region) Upstream Water Quality from Kent Ave. reservoir Inadequate chlorine residual Biological contamination of water Residual chlorine sampling 2x/wk Chlorine booster station w/ continual analyzer (SCADA) Regional procedures (reference) - includes trending & monitoring 2 3 1 6 No - Regional control O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001); Confirmed Adverse Drinking Water Quality Results (ERP-WT-ALL- P-010) Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 1 of 8Page 265 of 358Page 404 of 640Page 266 of 355Page 713 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 5 Upstream Transmission (Region) Upstream Water from NF WTP through discharge headers Break in all 3 discharge headers Insufficient supply of consumable water Redundancy in mains makes this event highly unlikely 1 5 1 5 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001); Water and Wastewater Emergency Response Plan (ERP-ALL-ALL-P-001); Inability to Meet Water Demand (ERP-WT-ALL-P- 008) Second connection through Decew (McLeod Rd) - completion in 2011 6 Upstream Transmission (Region) Upstream Water from NF WTP through discharge headers Break in all 3 discharge headers Insufficient supply of water - fire flows Redundancy in mains makes this event highly unlikely 1 5 1 5 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001); Water and Wastewater Emergency Response Plan (ERP-ALL-ALL-P-001); Inability to Meet Water Demand (ERP-WT-ALL-P- 008) Second connection through Decew (McLeod Rd) - completion in 2011 7 Upstream Transmission (Region) Upstream Water from NF WTP through discharge headers Break in one discharge header Insufficient supply of consumable water Interconnections installed in system to reduce effects of main breaks 2 4 1 8 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001); Water and Wastewater Emergency Response Plan (ERP-ALL-ALL-P-001); Inability to Meet Water Demand (ERP-WT-ALL-P- 008) 8 Upstream Transmission (Region) Upstream Water from NF WTP through discharge headers Break in one discharge header Insufficient supply of water - fire flows Hotels fitted with fire suppression systems Interconnections installed in system to reduce effects of main breaks 2 4 1 8 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001); Water and Wastewater Emergency Response Plan (ERP-ALL-ALL-P-001); Inability to Meet Water Demand (ERP-WT-ALL-P- 008) 9 Upstream Transmission (Region) Upstream Water from NF WTP through discharge headers Deterioration of City infrastructure due to high pressures Deterioration of City distribution watermains - increased potential for breaks Monitoring of pressures No PRVs in City Building Code requirement for PRV in homes exceeding 80psi (developer) 5 3 1 15 No Building Code PRV requirements; System Pressure < 100psi Watermain Break Repair (MW- ES-DWS-SOP-011-001); Water and Wastewater Emergency Response Plan (ERP-ALL-ALL-P-001); Watermain Break (ERP-WT-ALL-P-011) Install PRVs in City This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 2 of 8Page 266 of 358Page 405 of 640Page 267 of 355Page 714 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 10 Upstream Storage (Region) Stored Water - Reservoirs (Kent Ave) Animal Intrusion / Sabotage Biological/chemical contamination or physical damage Regional controls include locked fencing and hatches at site, locked building with electronic keyed entry, monitoring of keyed entry. Region conducts weekly inspection of site. 1 5 2 10 No - Regional control -Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001);Threat Checklist (ERP-ALL-ALL-F-002); Threat to a Water or Wastewater Facility. System or Supply (ERP-ALL-ALL-P-002); Contamination within the Water Treatment Plant or System (ERP-WT-ALL-P-009) 11 Upstream Storage (Region) Stored Water - Elevated Tank (Lundy's Lane) Animal Intrusion / Sabotage Biological/chemical contamination or physical damage Regional controls include locked fencing at site, locked building with electronic keyed entry, monitoring of keyed entry. Region conducts weekly inspection of site. 1 5 2 10 No - Regional control -Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001);Threat Checklist (ERP-ALL-ALL-F-002); Threat to a Water or Wastewater Facility. System or Supply (ERP-ALL-ALL-P-002); Contamination within the Water Treatment Plant or System (ERP-WT-ALL-P-009) This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 3 of 8Page 267 of 358Page 406 of 640Page 268 of 355Page 715 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 12 Upstream Transmission (Region) New watermain construction Contamination of water Biological/chemical contamination AWWA C-651-05 Disinfecting watermains Ministry of Environment, Conservation and Parks August 2020 Document: Watermain Disinfection Procedure 1 5 1 5 No - Regional control -Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001); Contamination within the Water Treatment Plant or System (ERP-WT- ALL-P-009); Confirmed Adverse Drinking Water Quality Results (ERP-WT-ALL- P-010) 13 Upstream Transmission (Region) Repairs of appurtenances and watermain Contamination of water Biological/chemical contamination AWWA C-651-05 Disinfecting watermains Ministry of Environment, Conservation and Parks August 2020 Document: Watermain Disinfection Procedure 3 4 2 24 No - Regional control -Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002); Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001); Contamination within the Water Treatment Plant or System (ERP-WT- ALL-P-009); Confirmed Adverse Drinking Water Quality Results (ERP-WT-ALL- P-010); Watermain Break (ERP-WT-ALL-P-011) 14 Upstream Transmission (Region) NEW as of 2020 Risk Assessment Review System Pressure Maintenance and Pressure Surge Protection Watermain breaks (pressure surge), Backflow event/low pressure (when consistent pressure is not maintained) Biological/Chemical contamination, Presence of Lundy's Lane elevated tank. 1 4 4 16 No - Regional Control Watermain Break Repair (MW- ES-DWS-SOP-011-001), Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002; Water and Wastewater Emergency Response Plan (ERP-ALL- ALL-P-001) This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 4 of 8Page 268 of 358Page 407 of 640Page 269 of 355Page 716 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 15 Upstream Raw Water & Transmission (Region) NEW as of 2022 Risk Assessment Review - formerly under Distribution (City) Water Surcharge Flooding due to heavy rain/runoff increased turbidity in raw water Temporary adjustment of treatment process by Water Plant Operations Staff 2 4 1 8 No - Regional Control O. Reg. 170 16 Distribution (City)Watermain - distribution, infrastructure General physical failure of watermains due to aging, deterioration (assume more than one feed) Insufficient supply (all purposes) Watermain replacement program. Watermain break procedures in place. Valve-turning Cathodic protection in place. Majority of watermains are back-fed. 5 2 1 10 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001) In 2015/16 the City and Region to join in pilot water loss study - - this one hold while the Region updates their MSP 17 Distribution (City)Watermain - distribution, infrastructure Physical failure of North St. or Portage Rd. watermain due to aging, deterioration (service to GNGH), failure of Queen St or Ontario Ave (Dialysis unit) Insufficient supply (all purposes) Watermain replacement program. Double-feed (one from North and one from Portage for GHGN, Ontario and Queen for Dialysis unit). Watermain break procedures in place. 2 2 1 4 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001) GNGH has developed a "No Water Plan": use of bottled water, "bath-in-a-bag" will be used. GNGH has a working arrangement with other area hospitals to provide additional supplies if needed. 18 Distribution (City)Watermain - distribution, infrastructure Biological contamination occurring during repair or maintenance Biological contamination of water Disinfection procedures Sampling & flushing programs Ministry of Environment, Conservation and Parks August 2020 Document: Watermain Disinfection Procedure 2 5 3 30 Yes O. Reg. 169, O. Reg. 170 Watermain Break Repair (MW- ES-DWS-SOP-011-001) MW- ES-DWS-SOP-011-033 - Microbiological Sampling - Main Break Site 19 Distribution (City)Watermain - distribution, infrastructure Biological contamination during normal operations - i.e. biofilms Biological contamination of water Sampling & flushing programs 1 5 3 15 Yes O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) 20 Distribution (City)Watermain - commissioning of new watermains Contamination of water - new connections to distribution system Biological contamination of water Super chlorination procedures. Special provisions in City's Master Contract Document. Ministry of Environment, Conservation and Parks August 2020 Document: Watermain Disinfection Procedure 2 5 1 10 Yes O. Reg. 169, O. Reg. 170 Adverse Water Quality Incident Reporting (MW-ES- DWS-SOP-012-001 - ) 21 Distribution (City)Watermain - distribution, infrastructure General chemical/physical contamination - i.e. iron, manganese, turbidity, THM, HAA etc. Chemical contamination of water Quarterly THM and HAA sampling program. High turnover of water (however, some dead spots in system other than dead ends). 1 3 4 12 Yes O. Reg. 169/03, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Hydrant - Inspection, Flushing & Repair (MW-ES-DWS-SOP- 011-014) Review THM sampling locations to ensure that samples continue to be representative of challenging conditions. This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 5 of 8Page 269 of 358Page 408 of 640Page 270 of 355Page 717 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 22 Distribution (City)Watermain - distribution, infrastructure Lead contamination (chemical) Chemical contamination of water Lead sampling program & procedure. 1 4 2 8 No -Lead Sampling (MW-ES-DWS- SOP-012-005) 23 Distribution (City)Watermain - distribution, infrastructure Geological fault resulting in watermain break(s) Insufficient supply (all purposes) None.1 5 1 5 No -Watermain Break Repair (MW- ES-DWS-SOP-011-001) 24 Distribution (City)Cross-connections & backflows from industrial, agricultural or multi-storey residential service/ commercial processes/hazards and their associated boiler systems Cross-connections and/or backflows in City distribution system Biological or chemical cross-contamination of water Building Code 2006 Section A - 7.6.2.4 (9) lists users requiring backflow prevention; includes hospitals, mortuaries, laboratories, etc. 3 5 5 75 Yes O. Reg. 169, O. Reg. 170 Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002) Backflow Prevention Bylaw to be instituted - Action Plan under development. 25 Distribution (City)Cross-connections & backflows from home service Cross-connections and/or backflows from private services Biological or chemical cross-contamination of water Private services not covered in Building Code. City requires backflow preventers on residential hose bibs. 4 4 4 64 Yes -Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002) Backflow Prevention Bylaw to be instituted - Action Plan under development. 26 Distribution (City)Dead ends Stagnant water - low chlorine residuals, bacterial regrowth Biological/chemical contamination of water Annual flushing of hydrants and dead ends. 3 4 2 24 Yes O. Reg. 169, O. Reg. 170 Hydrant - Inspection, Flushing & Repair (MW-ES-DWS-SOP- 011-014) Increase frequency of flushing programs. 27 Distribution (City)Water delivery system - Water Station - City- owned hauling station (Stanley Ave., Service Centre) Failure of Back-Flow Prevention devices Biological or chemical contamination of water Annual inspection of backflow prevention devices. 1 4 4 16 Yes -Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002) Backflow Prevention Bylaw to be instituted - Action Plan under development. 28 Distribution (City)Fire hydrant performance Malfunction of hydrants (freezing etc.) Inability to fight fires Annual hydrant flushing & inspection with bagging of defective hydrants and notification to Fire Department. Check for frozen hydrants (1x/a). 2 5 1 10 No -Hydrant - Inspection, Flushing & Repair (MW-ES-DWS-SOP- 011-014) Hydrant - Thawing Frozen Hydrants (MW-ES-DWS-SOP- 0011-016) Hydrant - Painting (MW-ES- DWS-SOP-011-015) Winter Inspection Procedure - Black Ring Hydrants (MW-ES- DWS-SOP-011-012 This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 6 of 8Page 270 of 358Page 409 of 640Page 271 of 355Page 718 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 29 Distribution (City)Customer linkages - fire sprinkler systems Cross-contamination from private sprinkler systems Biological or chemical contamination of water Single check valves on sprinkler system are untestable devices Plumbing Code requires inspection. 4 4 4 64 Yes O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002) Backflow Prevention Bylaw to be instituted - under discussion. 30 Distribution (City)Water delivery system - Unauthorized consumption Uncontrolled connections to water system (via iinterior plumbing and/or City hydrants) Biological or chemical contamination of water By pass inspection program reviewed the meters within properties with water meter 1" and greater. 3 1 4 12 Yes O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002) Backflow Prevention Bylaw to be instituted - under discussion. Could include inspection as part of backflow program. 31 Distribution (Private - downstream) Customer elements - customer system issues Lead in private service systems (pipes, welds) Chemical contamination of water (lead) Letters sent to homeowners. Lab testing (results greatly below exceedance levels) 1 4 2 8 No -Lead Sampling (MW-ES-DWS- SOP-012-005) Investigate provincial programs. 32 Distribution (Private - downstream) Fire hydrant performance (privately-owned) Back-flow through fire hydrant due to unauthorized connection Biological or chemical contamination of water Water Use By law in place (#2016- 108) 3 4 3 36 Yes Fire Code Microbiological Sampling: Weekly Sampling (MW_ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES- DWS-SOP-012-004) Potential training of private landowners re: fire hydrant maintenance. Potential to inspect private hydrants for fee. 33 Distribution Water Quality in system increase in summer temperatures causing water temperature to increase and chlorine residuals to decrease more rapidly low chlorine residual leads to biological contamination weekly sampling and monitoring, City to join watertrax and share data with Region 2 5 1 10 Yes O. Reg. 169, O. Reg. 170 Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) Potential to increase sampling and testing if required. 34 Distribution Watermain - distribution, infrastructure Contamination of water due to vandalism or terrorist activities Biological/chemical contamination Direct access to water system is under Regional control and sites are locked. 2 5 5 50 Yes - other than those areas (reservoirs, treatment plant) under the ownership and control of Niagara Region -Microbiological Sampling - Weekly Sampling (MW-ES- DWS-SOP-012-003) Chlorine Residual Sampling (MW-ES-DWS-SOP-012-004) Suspected Backflow or Cross Connection (MW-ES-DWS- SOP-014-002) Emergency Response Training This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 7 of 8Page 271 of 358Page 410 of 640Page 272 of 355Page 719 of 1092 DWQMS Risk Assessment Matrix MW-WWW-DWS-FRM-004-001 Date of Assessment: 29-Nov-22 DWQMS Risk Assessment Threshold = 18 #Process Category Description of Process Likelihood (1-5)Consequence(1-5)Detectability(1-5)Assessed Risk (L x C x D = 1 - 125)Current Available Control Measures Relevant Procedures Bracketed City Procedure file names begin with MW, Niagara Region Procedures with ERP Hazardous Event Recognize Element or Process Step Control Risk Evaluation Assess Potential Hazard Potential Additional Controls Critical Control Limits (can be qualitative or quantitative; use appropriate units) CCP? Yes or No 35 Distribution Extreme sustained temperature (hot and cold) Main breaks due to drought or frozen main/ water services loss of service to residents Temporary servicing as per Ontario Watermain Disinfection Procedure 4 4 1 16 Yes -Watermain Break Repair (MW- ES-DWS-SOP-011-001), Ontario Watermain Disinfection Procedure, frozen water service policy 36 Distribution (City)Compromised Infrastructure Forest Fires causing interference to water system infrastructure loss of service to residents, contamination Temporary servicing as per Ontario Watermain Disinfection Procedure 1 5 1 5 No City of Niagara Falls Emergency Plan 37 Distribution (City)Loss/Damage of Infrastructure Tornado causing loss or damage to infrastructure loss of service to residents, contamination Temporary servicing as per Ontario Watermain Disinfection Procedure 1 5 1 5 No City of Niagara Falls Emergency Plan This form is CONTROLLED unless otherwise noted. DO NOT PHOTOCOPY Page 8 of 8Page 272 of 358Page 411 of 640Page 273 of 355Page 720 of 1092 Watermain Break Repair MW-WWW-DWS-SOP-011-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 1 of 5 DO NOT PHOTOCOPY 1.0 PURPOSE To repair a broken water main, avoid further damage to property by water escaping from ruptured main and restore normal conditions within the distribution system. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Watermain Break Repair. 3.0 DEFINITIONS Special Case Contamination Evident or suspected contamination of sewage or chemicals (for example petroleum products, liquids of abnormal colour, odor etc.) in the water distribution system 4.0 RESPONSIBILITIES Backhoe Operator Operate backhoe with attachments Assists crew in the manual repair and maintenance of, and installations to, the City’s infrastructure. Assist with set up/ clean up of job site and traffic control. Checks all digs for utility lines and assists with shoring protection. Cleans disinfects and undertakes preventative maintenance and minor repairs to backhoe. Lead Hand Directs crew activities in emergency situations in the absence of a Supervisor. Submits records and drawings indicating the type of maintenance and or repairs. Responsible for proper set up of required traffic control at work sites to ensure public and worker safety according to City traffic plans, Ministry of Labour and Ministry of Transportation. Responsible for ensuring Ministry of the Environment guidelines are followed by all employees on the job site. Using locating equipment locate and mark as needed watermains, valves, water services, sewer laterals and any other municipally owned infrastructure. **NOTE the duty of locating can also be done by the Divisions Locates Title: Watermain Break Repair Document #: MW-WWW-DWS-SOP-011-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: June 2022 Start of Next Review Period: As Needed Revision #: 11 No. of Pages: 5 Page 273 of 358 Page 412 of 640Page 274 of 355 Page 721 of 1092 Watermain Break Repair MW-WWW-DWS-SOP-011-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 2 of 5 DO NOT PHOTOCOPY Service Provider Underground Service Operator Repair, replace, install, maintain and operate the municipal watermains, valves and hydrants. Assist with proper traffic control. Undertake water quality and chlorine residual sampling. Make minor and maintenance repairs to equipment. Ensure equipment is properly disinfected. Water & Wastewater Services Supervisor Direct crew activities as needed. Place Watermain Break Report into daily activity binder once complete. Ensure Ministry of Labour and Ministry of Transportation guidelines and regulations are followed. Ensure Public Health is called if the main breaks meet their notification criteria. Ensure required equipment and resources are available as needed. Water & Wastewater Services Coordinator Assist Water & Wastewater Services Supervisor in the creation and posting of watermain break alerts and associated City website updates, as needed. Assist Environmental Services Supervisor in determining sample sites for post break repair, as needed and if required. 5.0 PROCEDURE PLEASE NOTE: If at any time while performing the procedures outlined below, a special case contamination is suspected, refer immediately to Special Case Contamination document MW- WWW-DWS-SOP-014-005. 5.1. Ensure that General Work (MW-WWW-DWS-SOP-011-028) procedure is followed. - Lead Hand Responsible 5.2 Ensure Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) procedure is followed. -Lead Hand Responsible 5.3 Determine which main valves will isolate the defective section and determine the size of the watermain. -Lead Hand or USO Responsible 5.4 If it is difficult to determine the exact location of the main break use leak detection equipment or contractor to locate break. - Lead Hand Responsible 5.5 Where practical verbal notification will be given to property owners that the water is being shut off to make the repair. No notification will be given after 10 pm in residential areas. Page 274 of 358 Page 413 of 640Page 275 of 355 Page 722 of 1092 Watermain Break Repair MW-WWW-DWS-SOP-011-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 3 of 5 DO NOT PHOTOCOPY - USO or Backhoe Operator Responsible 5.6 Notify the Fire Department and Service Centre of the section of watermain to be shut down and the number and location of the effected hydrants. - Lead Hand Responsible 5.7 Close required valves to cut the water supply to the broken section of main. - Lead Hand or USO Responsible 5.8 Operate valves slowly to avoid further damage to the water system. - Lead Hand or USO Responsible 5.9 Confirm areas to be excavated. - Lead Hand Responsible 5.10 Confirm that all Utility Companies have provided locates or clearances. - Lead Hand Responsible 5.11 Locate other water services within the area of the main break. - Lead Hand or Departments Locates Service Provider Responsible 5.12 Excavate to the watermain and locate the break. Refer to Excavation Procedure (MW-WWW- DWS-SOP-011-040). - All Responsible 5.13 Exercise care to avoid unnecessary damage to streets and property. - Backhoe Operator Responsible 5.14 Clear away all debris and clay/dirt from the leak. - USO Responsible 5.15 Disinfect all tools, equipment and materials that may come in contact with the water supply in accordance with Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) Procedure. - USO Responsible 5.16 Thoroughly clean off the section of the main where the leak exists, then spray with 1-5% sodium chloride solution. - USO Responsible 5.16 OIC to determine Category of main break (Category 1 or Category 2) and ensure this is indicated on the Operators Log sheet. Ensure appropriate sampling and disinfection procedures are followed based on main break category – as outlined in the MECP 2020 version of “Watermain Disinfection Procedure” - USO Responsible ***This individual (OIC) must possess at least a Class I WD Licence to determine the main break category, as per O. Reg. 128/04, s. 25 (5)*** ***ALL WATERMAIN BREAKS shall be classified as Category 2 unless an Operator-in-Charge (OIC) conducts a visual inspection upon completion of the excavation to determine the nature of the watermain break and classifies it as a Category 1*** Page 275 of 358 Page 414 of 640Page 276 of 355 Page 723 of 1092 Watermain Break Repair MW-WWW-DWS-SOP-011-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 4 of 5 DO NOT PHOTOCOPY 5.17 Repair leak using most appropriate method. Depending on the extent of the break use either a repair clamp or remove the broken section of the watermain and replace with a section of new watermain and connect with the appropriate sleeves. - USO Responsible 5.18 Slowly turn on the main valve with downstream hydrant port open. - Lead Hand or USO Responsible 5.19 Ensure that all air has been blown out of the repaired main through hydrant. If no hydrant is available, request affected property owners to open internal service. - Lead Hand or USO Responsible 5.20 Let the water run until it appears clear. 5.21 Follow Chlorine Residual Sampling (MW-WWW-DWS-SOP-012-004) in conjunction with MECP Watermain Disinfection Procedure 2020, and test water at the hydrant or service for chlorine residual. - Lead Hand or USO Responsible 5.22 If chlorine residual does not meet minimum Ontario Drinking Water Regulation Standards, continue to flush watermain until disinfection is restored. - Lead Hand or USO Responsible 5.23 Turn off hydrant by slowly closing the hydrant gate valve and visually check leaks. - Lead Hand or USO Responsible 5.24 Open all remaining valves that were closed to facilitate repair. - Lead Hand or USO Responsible 5.25 Shut down hydrants and replace hydrant cap. - Lead Hand or USO Responsible 5.26 Notify Service Centre that watermain is back in service and request that they notify the Fire Department. - Lead Hand Responsible 5.27 Backfill excavation. Refer to Excavation Procedure (MW-WWW-DWS-SOP-011-040). - Backhoe Operator Responsible 5.28 Complete the Watermain Break Report form and indicate the names of the employees that complete the work. - Lead Hand Responsible 5.29 During winter months, arrange for black ring hydrants to be pumped, confirm that the hydrant has drained. - Lead Hand or USO Responsible 5.30 Follow Flushing the Repaired Watermain (MW-WWW-DWS-SOP-011-002) and Microbiological Sampling – Main Break Site (MW-WWW-DWS-SOP-011-033) procedures after break is repaired. - Lead Hand or USO Responsible Page 276 of 358 Page 415 of 640Page 277 of 355 Page 724 of 1092 Watermain Break Repair MW-WWW-DWS-SOP-011-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 5 of 5 DO NOT PHOTOCOPY 5.31 Record main break information from Watermain Break Report into Operational Log Book, Environmental Services Office. - Water & Wastewater Services Supervisor Responsible 6.0 ASSOCIATED DOCUMENTS MW -WWW-DWS-SOP-014-005 Special Case Contamination MW -WWW-DWS-SOP-011-002 Flushing the Repaired Watermain MW -WWW-DWS-SOP-011-033 Microbiological Sampling – Main Break Site MW -WWW-DWS-SOP-011-040 Excavation Procedure MW -WWW-DWS-SOP-012-004 Chlorine Residual MW -WWW-DWS-SOP-011-028 General Work MW -ES-DWS-SOP-011-032 Equipment and Tool Disinfection MECP 2020 Watermain Disinfection Procedure MECP O. Reg. 128/04 7.0 REVISION HISTORY Revision No.: 11 Date of Last Revision: June 2022 Last Approval Date: June 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): See above Page 277 of 358 Page 416 of 640Page 278 of 355 Page 725 of 1092 Winter Inspection Procedure - Black Ring Hydrants MW -WWW-DWS-SOP-011-012 This is a CONTROLLED document unless otherwise noted Rev 7 Page 1 of 2 DO NOT PHOTOCOPY 1.0 PURPOSE To ensure that hydrants are not frozen and are available for fire fighting and emergency use. 2.0 SCOPE This procedure applies to all Environmental Services staff associated with the task of Winter Inspection Procedure - Black Ring Hydrants. 3.0 DEFINITIONS N/A 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Senior Manager of Water & Wastewater Services Ensure person performing the inspection is properly trained to do so. Ensure proper equipment is available for use. All Who Perform This Task Submits records and drawings indicating the type of maintenance and or repairs performed. Responsible for proper set up of required traffic control at work site. Ensure equipment is properly disinfected. 5.0 PROCEDURE This task is completed by a single Water & Wastewater Services Staff member, thus, there is no delegation of duties. 5.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. 5.2 Ensure that General Work Procedures are followed (MW-WWW-DWS-SOP-011-028). 5.3 Before leaving the Service Centre, ensure that hydrant pump is in working order. 5.4 Upon arrival at the Black ring hydrant, ensure hydrant is closed by tightening the operating nut. Title: Winter Inspection Procedure – Black Ring Hydrants Document #: MW-WWW-DWS-SOP-011-012 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: July 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages: 2 Page 278 of 358 Page 417 of 640Page 279 of 355 Page 726 of 1092 Winter Inspection Procedure - Black Ring Hydrants MW -WWW-DWS-SOP-011-012 This is a CONTROLLED document unless otherwise noted Rev 7 Page 2 of 2 DO NOT PHOTOCOPY 5.5 Remove all of the pumper nozzle caps, checking threading and re-greasing, if necessary. 5.6 Retrieve hydrant pump from truck and insert pump hose into open port. 5.7 Insert hose into the open port and drop hose to bottom of hydrant to check for water or ice. Ensure the string attached to plumb is secured for retrieval. 5.8 Remove hose. If more than 12 inches (300 mm) of water is at the bottom, proceed with pumping out water. If hydrant is frozen, follow Thawing Frozen Hydrants MW-WWW-DWS-SOP-011- 016. 5.9 Start pump and pump out the water. 5.10 When all the water has been pumped out, extract the hose and put pump back in truck. 5.11 Install pumper nozzle cap back onto open port. 5.12 Record proper information in the Maintenance Management System Program . 5.13 Complete Work Order. 6.0 ASSOCIATED DOCUMENTS $ General Work Procedures (MW -WWW-DWS-SOP-011-028) $ Equipment and Tool Disinfection (MW -WWW-DWS-SOP-011-032) $ Thawing Frozen Hydrants (MW -WWW-DWS-SOP-011-016) 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: July 2022 Last Approval Date: July 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): See above Page 279 of 358 Page 418 of 640Page 280 of 355 Page 727 of 1092 Hydrant- Inspection, Flushing and Repairs MW -WWW-DWS-SOP-011-014 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 4 DO NOT PHOTOCOPY 1.0 PURPOSE To ensure that hydrants are in good working order, flush sections of the water distribution system through hydrants to maintain water quality, to clear up water after a repair or corrective work has been completed on a watermain. To ensure each City owned hydrant is inspected annually, as per O. Reg. 213/07 (Ontario Fire Code) 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Hydrant - Inspection, Flushing, and Repairs. 3.0 DEFINITIONS Storz Cap/ Steamer Cap Primary Hydrant Valve A cap located on the front of a hydrant. The Storz or Steamer Cap is the largest of the three caps on a hydrant. The valve on the lead. Located in between the watermain and the fire hydrant. When open, this supplies water to the hydrant. Secondary Valve A two inch (2”) gate control valve which is placed on the port of the hydrant, to which the fire hose is affixed. Tertiary Valve A two inch (2”) gate control valve which is placed between the fire hose and the diffuser. 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Senior Manager of Water & Wastewater Services Ensure person flushing hydrants is properly trained to do so. Ensure proper equipment is available for use. Check with other department to see if flushed water can be used. All Who Perform This Task Submits records and drawings indicating the type of maintenance and or repairs performed. Responsible for proper set up of required traffic control at work site. Undertake chlorine residual sampling. Ensure equipment is properly disinfected. Ensure water flushed from hydrants does not cause any damage Title: Hydrant – Inspection, Flushing and Repairs Document #: MW-WWW-DWS-SOP-011-014 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: July 2022 Start of Next Review Period: As Needed Revision #: 9 No. of Pages: 4 Page 280 of 358 Page 419 of 640Page 281 of 355 Page 728 of 1092 Hydrant- Inspection, Flushing and Repairs MW -WWW-DWS-SOP-011-014 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 4 DO NOT PHOTOCOPY to property. Repair, replace, maintain and operate the municipal valves and hydrants. Check with Supervisor regarding any other City department who may want to use flushed water for a purpose other than consumption. 5.0 PROCEDURE This task is completed by a single Water & Wastewater Services Staff member, thus, there is no delegation of duties. 5.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. 5.2 Prior to leaving Municipal Service Centre, discuss with Supervisor if other departments will be using flushed water for their daily activities. This could include; street sweeper or hydrovac truck, if another department is going to be using the water, ensure a backflow prevention device is used at each hydrant hook up. 5.3 Ensure that General Work (MW-WWW-DWS-SOP-011-028) procedures are followed. 5.3 Ensure the primary hydrant valve (in the ground) is at the fully open position. 5.4 Ensure that the operating nut (main hydrant valve) is closed in the “off” position before removing port caps. (If hydrant has Storz or Steamer cap, check to ensure that it is tightened before opening hydrant.) 5.5 Visually check the hydrant barrel for cracks. 5.6 Install secondary control valve on hydrant side port. Attach fire hose. Install tertiary control valve between the fire hose and the diffuser. Exercise care when laying the hose, to avoid damage to property. 5.7 Install pressure gauge to the other hydrant side port. 5.8 Close tertiary control valve in between the fire hose and diffuser. Open pressure release valve on pressure gauge. Open secondary control valve. 5.9 Open hydrant slowly, turning the operating nut in a counter-clockwise direction. Record the number of turns it takes to open the hydrant on the Hydrant Maintenance Form. (Do not stand directly in front of any of the hydrants ports while opening the hydrant. 5.10 Once the air has been expelled from the hydrant, and the fire hose is fully charged, close the pressure release valve on the pressure gauge. Take a static pressure reading and record it in the Maintenance Management Program. 5.11 Check hydrant for cracks or leaks at hose outlet, steamer, bonnet, and ground flange. Page 281 of 358 Page 420 of 640Page 282 of 355 Page 729 of 1092 Hydrant- Inspection, Flushing and Repairs MW -WWW-DWS-SOP-011-014 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 4 DO NOT PHOTOCOPY 5.12 Open the tertiary hydrant valve to flow the hydrant. Take the flow pressure reading. Record it. Exercise caution while choosing hydrant flow speeds, to avoid a high flow trashing hose causing damage to property or persons in the area. 5.13 Flush the water until desired colour and clarity is achieved (representative of the distribution system.). Whenever possible, direct flushing water away from traffic, pedestrians, and private property. IF FLOW PRESSURE IS 20 psi (138 kPa) or LOWER: CALL WATER & WASTEWATER SERVICES SUPERVISOR (WHO WILL INITIATE A WORK ORDER FOR THE HYDRANT) RATIO DISPATCH IMMEDIATELY PLACE THE HYDRANT OUT OF SERVICE. 5.13 Measure the chlorine residual as per Chlorine Residual Sampling (MW-WWW-DWS-SOP- 012-004). Only take chlorine residual once colour and clarity have been achieved. Record your results. If the chlorine residual is less than 0.05 mg/l, inform your supervisor and continue to flush until disinfection as been restored. 5.14 Once water is clear and appropriate chlorine residuals have been recorded, close the hydrant slowly to prevent water hammer. To close properly, slowly turn operating nut in clockwise direction until closed and flow has stopped. Remove pressure relief valve and disconnect secondary control valve from port to achieve a successfully shut down. 5.15 When water stops leaking out of the side port, hydrant is closed. If successful shut down was not achieved (i.e. if water continues to drip from the port), water may be leaking into the barrel from the main valve in the hydrant boot. It may be possible to fix this by opening the hydrant a few turns with the port open, then closing the hydrant slowly until the operating nut is fairly tight. If water flow stops, you can continue on with your maintenance. If not, it may be necessary to repeat the procedure. 5.16 Should a problem arise where the hydrant cannot be shut off using the operating nut, close the secondary valve to minimize water loss, which can usually be found directly in front of the hydrant. Notify your supervisor right away, so the supervisor can call the fire department and place the hydrant out of service. Any out of service hydrant should be bagged as such. 5.17 Check to see that the water has drained out of the hydrant if not marked as black ring. If it is marked with a black ring, check to see if water remains in the barrel. If water is found in the barrel, pump out hydrant. 5.18 Check all port caps. Grease with acceptable (i.e. food-grade) lubricant, if necessary. 5.19 Replace all port caps. 5.20 Complete and save all information in the Maintenance Management Program, then proceed to the next hydrant. 6.0 ASSOCIATED DOCUMENTS MW -WWW-DWS-SOP-011-028 - General Work Procedures MW -WWW-DWS-SOP-012-004 - Chlorine Residual Sampling Page 282 of 358 Page 421 of 640Page 283 of 355 Page 730 of 1092 Hydrant- Inspection, Flushing and Repairs MW -WWW-DWS-SOP-011-014 This document is CONTROLLED unless otherwise noted. Rev 9 Page 4 of 4 DO NOT PHOTOCOPY O. Reg. 213/07 – Ontario Fire Code 7.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: July 2022 Last Approval Date: July 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services. Inclusion of Maintenance Management Program reference, as hard copy hydrant report forms are no longer being used for this task Summary of Change(s): See above Page 283 of 358 Page 422 of 640Page 284 of 355 Page 731 of 1092 Hydrant Painting MW -WWW-DWS-SOP-011-015 This is a CONTROLLED document unless otherwise noted Rev 7 Page 1 of 2 DO NOT PHOTOCOPY Title: Hydrant Painting Document #: MW-WWW-DWS-SOP-011-015 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: July 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages: 2 1.0 PURPOSE Maintain and restore the appearance of public hydrants in accordance with the Ontario Fire Code. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Hydrant - Painting. 3.0 DEFINITIONS Storz Cap/ Steamer Cap A cap located on the front of a hydrant. The Storz or Steamer Cap is the largest of the three caps on a hydrant. 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Senior Manager of Water & Wastewater Services Ensure person painting hydrants is properly trained to do so. Ensure proper equipment is available for use. All Who Perform This Task Submit completed work orders. Responsible for proper set up of required traffic control at work site if required. 5.0 PROCEDURE This task is completed by a single Water & Wastewater Services Staff member, thus, there is no delegation of duties. 5.1 Ensure General Work Procedures (MW-WWW-DWS-SOP-011-028) and WHMIS is followed. 5.2 Proceed on an area by area basis, painting all hydrants in the given Area Map. 5.3 Chip off any loose paint or rusted areas of the hydrants with scraper. Page 284 of 358 Page 423 of 640Page 285 of 355 Page 732 of 1092 Hydrant Painting MW -WWW-DWS-SOP-011-015 This is a CONTROLLED document unless otherwise noted Rev 7 Page 2 of 2 DO NOT PHOTOCOPY 5.4 Wipe down hydrant with Varsol wetted cloth to remove any dirt or dust. 5.5 Paint entire hydrant body red. 5.6 Paint cap and ports the appropriate colour depending on the rated flow capacity of the hydrant as shown in the Hydrant Colour Code chart. Hydrant Class Rated Capacity Colour (US Gallons) Class AA 1,500 GPM or greater Light Blue (5677.5 l/m) Class A 1,000 - 1,499 GPM Green (3785 - 5673.715 l/m) Class B 500 - 999 GPM Orange (1892.5 - 3781.215 l/m) Class C Less than 500 GPM Red (>1892.5 l/m) 5.7 Paint storz connection black. 5.8 After paint is dry, install hydrant ID numbers. 5.9 Complete Work Order. 6.0 ASSOCIATED DOCUMENTS $ MW -WWW-DWS-SOP-011-028 - General Work Procedures $ Hydrant Colour Code Chart 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: July 2022 Last Approval Date: July 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): See above Page 285 of 358 Page 424 of 640Page 286 of 355 Page 733 of 1092 Microbiological Sampling – Main Break Site – Following Business Day MW -WWW-DWS-SOP-011-033 This is a CONTROLLED document unless otherwise noted Rev 9 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE To ensure that microbiological samples are collected to verify that the repaired main has been properly disinfected in accordance with AWWA Standard C651. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Microbiological Sampling - Main Break Site – Following Day. As per the latest version of the AWWA C651-14, microbiological sampling is only required for Category 2 main breaks. 3.0 DEFINITIONS Category 1 Watermain breaks which no evident or suspected contamination due to their nature and circumstance. Category 1 main breaks are circumferential breaks or small leaks where flow (positive pressure) is maintained from the break until an air gap is established. The air gap must be maintained during the repair procedure to preserve the classification as a Category 1. Category 2 Watermain breaks with evident or suspected contamination due to their nature and circumstances. OIC Operator in Charge. There must be an OIC on site who is responsible for determining the main break Category. An OIC must possess at least a Class I WD Licence as per O. Reg. 128/04, s. 25 (5). *All repairs to watermain breaks will be considered a Category 2 unless an OIC conducts a visual inspection upon completion of the excavation to determine the nature of the repair – and can then, if applicable change the repair classification to Category 1.* 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Senior Manager of Water & Wastewater Services Ensure person taking samples is properly trained to do so. Give proper Chain of Custody sheet to person taking the samples. Ensure proper sampling bottles are available. Title: Microbiological Sampling – Main Break Site – Following Business Day Document #: MW-WWW-DWS-SOP-011-033 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: July 2022 Start of Next Review Period: As Needed Revision #: 9 No. of Pages: 3 Page 286 of 358 Page 425 of 640Page 287 of 355 Page 734 of 1092 Microbiological Sampling – Main Break Site – Following Business Day MW -WWW-DWS-SOP-011-033 This is a CONTROLLED document unless otherwise noted Rev 9 Page 2 of 3 DO NOT PHOTOCOPY OIC All Who Perform This Task Ensure all watermain breaks are classified as Category 2, unless they have determined a visual inspection upon completion of the excavation to determine otherwise (Category 1), as per the New Watermain Disinfection Procedure (2020) Ensure equipment is properly disinfected. Ensure samples are taken in accordance with this procedure. Properly fill out chain of custody sheets. Ensure samples are delivered to lab in accordance with lab delivery protocol. Complete work order if applicable. 5.0 PROCEDURE This task is completed by a single Water & Wastewater Services Staff member, thus, there is no delegation of duties. 5.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or AWWA Standard C651 prior to commencing the work. 5.2 Samples are most often taken from the service connections of nearby residences or businesses. Samples may also be taken from the hydrants, if necessary, or from a sample station. 5.3 A minimum of two (2) samples must be taken. One sample must be taken upstream of the break and one sample must be taken downstream of the break. 5.4 Request permission to enter the premises for the purpose of microbiological sampling. 5.5 Find clean location to set the sampling bottle down and wash hands. 5.6 Proceed to internal tap with separate hot and cold taps. If the tap is dripping or is in an area used for food preparation, go to another tap if possible. 5.7 Remove the screen or aerator and remove rubber washer. 5.8 Use flame or chlorine solution to disinfect tap. 5.9 Turn on cold water full for at least 2 minutes or more as appropriate to the length of the water service. 5.10 Test chlorine residual Chlorine Residual Sampling (MW -WWW-DWS-SOP-012-004). If acceptable 0.05 mg/ litre, take sample. 5.11 Take sample as per Microbiological Sampling Procedure (MW -WWW-DWS-SOP-012-003) 5.12 Document on Chain of Custody form and bottle. 5.13 Keep samples cool (target 4 degrees °C) but do not allow the samples to freeze. Page 287 of 358 Page 426 of 640Page 288 of 355 Page 735 of 1092 Microbiological Sampling – Main Break Site – Following Business Day MW -WWW-DWS-SOP-011-033 This is a CONTROLLED document unless otherwise noted Rev 9 Page 3 of 3 DO NOT PHOTOCOPY 5.14 Transport sample to lab. 5.15 Sampler and Technician sign Chain of Custody documentation. 5.16 Pick up clean sample bottles for the following week. 6.0 ASSOCIATED DOCUMENTS $ Equipment and Tool Disinfection (MW -WWW-DWS-SOP-011-032) $ Chlorine Residual Sampling (MW -WWW-DWS-SOP-012-004) $ Microbiological Sampling Procedure (MW -WWW-DWS-SOP-012-003) $ Chain of Custody Form $ Sampling Binder $ New Disinfection Procedure 2020 7.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: July 2022 Last Approval Date: July 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 288 of 358 Page 427 of 640Page 289 of 355 Page 736 of 1092 Microbiological Sampling – Weekly Sampling MW -WWW-DWS-SOP-012-003 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 3 DO NOT PHOTOCOPY Title: Microbiological Sampling – Weekly Sampling Document #: MW-WWW-DWS-SOP-012-003 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: September 2022 Start of Next Review Period: As Needed Revision #: 9 No. of Pages: 3 1.0 PURPOSE Weekly microbiological sampling, required by the MOE is undertaken at 28 locations in the City. (See attached map, AMicrobiological Sampling Locations@.) The locations are divided into 4 sections and one duplicate sample is taken at a random location. Testing is done on a rotational basis by section. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Microbiological Sampling - Weekly Sampling. 3.0 DEFINITIONS N/A 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Water & Wastewater Services Coordinator Ensure person taking samples is properly trained to do so. Give proper Chain of Custody sheet to person taking the samples. Ensure proper sampling bottles are available All Who Perform This Task Ensure equipment is properly disinfected. Ensure samples are taken in accordance with this procedure. Properly fill out chain of custody sheets. Ensure samples are delivered to lab in accordance with lab delivery protocol. Complete work order if applicable 5.0 GENERAL Weekly microbiological sampling required by the MOE is undertaken at 24 locations in the City. (See map, Microbiological Sampling Locations MW-WWW-DWS-VIS-012-001, MW-WWW- DWS-VIS-012-002, MW-WWW-DWS-VIS-012-003, MW-WWW-DWS-VIS-012-004 located in the front of the samples binder). The locations are divided into 4 sections and one duplicate sample is taken at a random location. Testing is done on a rotational basis by section. Tools required include a colorimeter, channel locks, cooler, ice, BBQ lighter, spray bottle with1- 5% concentrated sodium hypochlorite solution, water sample bottle indicating sample location. Page 289 of 358 Page 428 of 640Page 290 of 355 Page 737 of 1092 Microbiological Sampling – Weekly Sampling MW -WWW-DWS-SOP-012-003 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 3 DO NOT PHOTOCOPY 6.0 PROCEDURE This task is completed by a single Water & Wastewater Services Employee, thus, there is no delegation of duties. 6.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. 6.2 Request permission to enter the premises for the purpose of microbiological sampling. 6.3 Find clean location to set the sampling bottle down and wash hands. 6.4 Proceed to internal tap with separate hot and cold taps (if available). If the tap is dripping or is in an area used for food preparation, go to another tap if possible. 6.5 Remove the screen or aerator and remove rubber washer. 6.6 Use flame from BBQ lighter or 5% chlorine solution to disinfect tap. If using flame, ensure the area from where the sample water will flow is influenced by direct flame for a minimum of 5 seconds. If using 5% chlorine solution to disinfect sample area, ensure this is applied by via spray (not cloth or pouring etc.) and the area from where the sample water will flow is completely covered with the solution. 6.7 Turn on cold water full for at least 2 minutes or more as appropriate to the length of the water service. 6.8 Test chlorine residual, as per Chlorine Residual Sampling Procedure (MW -ES-DWS-SOP-012- 004). If acceptable at 0.05 mg/litre or greater, continue with sampling procedure. 6.9 Remove lid of sampling bottle with finger tips, avoiding contact with security ring. 6.10 If security ring seal is already broken, discard bottle and use another. 6.11 Slow cold water tap to more than trickle, place bottle under flow. 6.12 Hold lid in a manner that it only comes in contact with the atmosphere and nothing else. 6.13 Fill bottle up to fill line and cap bottle. 6.14 Return tap to previous state, by reattaching the screen/aerator and washers. 6.15 Document on Chain of Custody form and bottle. 6.16 Keep samples cool (target 4 degrees C) but do not allow the samples to freeze. 6.17 Transport sample to lab. 6.18 Sampler and Technician sign Chain of Custody documentation. 6.19 Pickup clean sample bottles for the following week. Page 290 of 358 Page 429 of 640Page 291 of 355 Page 738 of 1092 Microbiological Sampling – Weekly Sampling MW-WWW-DWS-SOP-012-003 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 3 DO NOT PHOTOCOPY 7.0 ASSOCIATED DOCUMENTS $ Microbiological Sampling Locations Group A: MW -WWW-DWS-VIS-012-001 $ Microbiological Sampling Locations Group B: MW -WWW-DWS-VIS-012-002 $ Microbiological Sampling Locations Group C: MW -WWW-DWS-VIS-012-003 $ Microbiological Sampling Locations Group D: MW -WWW-DWS-VIS-012-004 $ Microbiological Sampling Calendar: MW -WWW-DWS-VIS-012-005 $ Chlorine Residual Sampling Procedure (MW -WWW-DWS-SOP-012-004) $ Chain of Custody Form – Microbiological Sampling $ Sampling Binder 8.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): N/A Page 291 of 358 Page 430 of 640Page 292 of 355 Page 739 of 1092 Chlorine Residual Sampling MW -WWW-DWS-SOP-012-004 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 3 DO NOT PHOTOCOPY Title: Chlorine Residual Sampling Document # MW-WWW-DWS-SOP-012-004 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: September 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages 3 1.0 PURPOSE To obtain uncontaminated samples from the City of Niagara Falls distribution system and sample this water for a chlorine residual. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Chlorine Residual Sampling. 3.0 DEFINITIONS N/A 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Water & Wastewater Services Coordinator Ensure person taking samples is properly trained to do so. Give proper Chain of Custody sheet to person taking the samples. Ensure proper sampling bottles are available All Who Perform This Task Ensure equipment is properly disinfected. Ensure samples are taken in accordance with this procedure. Properly fill out chain of custody sheets. Ensure samples are delivered to lab in accordance with lab delivery protocol. Complete work order if applicable 5.0 PROCEDURE This task is completed by a single Water & Wastewater Services Employee, thus, there is no delegation of duties. Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. 5.1 Before leaving ensure chlorine testing kit has sample cells and pillow pouches. Page 292 of 358 Page 431 of 640Page 293 of 355 Page 740 of 1092 Chlorine Residual Sampling MW -WWW-DWS-SOP-012-004 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 3 DO NOT PHOTOCOPY 5.2 Request permission to enter the premises for the purpose of taking chlorine residual sample. 5.3 Clean hands prior to sampling. 5.4 Remove aerator from tap. 5.5 Flush tap to ensure a sample representative of the water in the distribution system. 5.6 Turn on colorimeter. 5.7 Fill first sample cell to 10mL line and cap. (The blank) Wipe off any excess water from outside of the sample cell. 5.8 Remove meter cap and place blank sample in with diamond mark facing the keypad. Fit meter cap to cover the cell. 5.9 Press Zero/ Scroll (blue button). Display will show A_ _ _ _@ then A0.00". Remove blank from cell holder. And discard water. 5.10 Fill a second sample cell to the 10mL line. 5.11 Add DPD Free Chlorine Powder pillow pouch to sample cell. 5.12 Cap sample cell and shake gently for 20 seconds. Wipe off any excess water from outside of the sample cell. 5.13 Place sample cell in colorimeter and cover with instrument cap. Ensu ring diamond on sample cell is facing the keypad. 5.14 Press Enter/ Read (green button) 5.15 Record results in chlorine residual sheet, if results are under 0.05mg/L call Supervisor immediately. 5.16 Discard water from second sample cell, and risen. 5.17 Ensure water is turned off, aerator is replaced if required and excess water is cleaned. 5.18 Upon return to water office, plan recorded sample sheet in chlorine residual binder. 6.0 ASSOCIATED DOCUMENTS $ Chlorine Residual Binder $ Chain of Custody Page 293 of 358 Page 432 of 640Page 294 of 355 Page 741 of 1092 CHLORINE RESIDUAL SAMPLING MW-ES-DWS-SOP-012-005 This document is CONTROLLED unless otherwise noted. Rev 7 Page 3 of 3 DO NOT PHOTOCOPY 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Water & Wastewater Services, and changed to Water & Wastewater Services Summary of Change(s): N/A Page 294 of 358 Page 433 of 640Page 295 of 355 Page 742 of 1092 Lead Sampling MW -WWW-DWS-SOP-012-005 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE To complete sampling and testing for lead in accordance with the requirements of Schedule 15.1 of O. Reg. 170/03, Municipal Drinking Water Licence and Drinking Water Works Permit as amended. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of DWS Lead Sampling and Testing. 3.0 DEFINITIONS N/A 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Water & Wastewater Services Coordinator Ensure person taking samples is properly trained to do so. Give proper Chain of Custody sheet to person taking the samples. Ensure proper sampling bottles are available. Ensure staff has appropriate tools and equipment. All Who Perform This Task Ensure equipment is properly disinfected. Ensure samples are taken in accordance with this procedure. Properly fill out chain of custody sheets. Ensure samples are delivered to lab in accordance with lab delivery protocol. Complete work order if applicable 5.0 PROCEDURE (Residential and Non-Residential Sampling and Testing) This task is completed by a single Water & Wastewater Services Employee, thus, there is no delegation of duties. 5.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. Title: Lead Sampling Document #: MW-WWW-DWS-SOP-012-005 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: November 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages: 3 Page 295 of 358 Page 434 of 640Page 296 of 355 Page 743 of 1092 Lead Sampling MW -WWW-DWS-SOP-012-005 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 3 DO NOT PHOTOCOPY 5.2 Calibrate pH meter as per Calibration of Portable pH Meters (MW-WWW-DWS-SOP-013- 002) 5.3 Samples are to be taken from a home kitchen tap - or another tap commonly used for consumption purposes. 5.4 Aerators are not to be removed from taps for sampling. If there is a filter or treatment device on the tap, it must be bypassed without removing it to sample. If bypassing is not possible, you must sample from another tap that is commonly used for consumption. If every tap used for consumption has a treatment device on it, and none can be bypassed, the kitchen tap must be used for sampling, and the device must be removed. 5.5 Flush the cold water tap for 5 minutes and then turn it off. 5.6 Ensure the plumbing system is not used for at least 30 minutes and not more than 35 minutes before sample collection begins. This means that water can not be used at all in the sample location during this procedure. 5.7 Turn the tap on at a normal flow rate. During testing, do not turn the water off at any time until after the pH test. 5.8 First water that comes out must be collected for the first one-litre sample. 5.9 Collect the second one-litre sample after the first has been taken. 5.10 Immediately after the second sample has been collected, collect a sample of water for pH testing. (Use a pH meter that measures to at least two digits.) Record pH result on chain of custody form for that property. 5.11 The 2 one-litre samples are to be sent to a licensed lab for testing. The pH sample will be recorded and results made available upon request. 5.12 Record location and date of sample in lead sample binder, place chain of custody sheet in appropriate section within the binder. 6.0 PROCEDURE (Distribution Sampling and Testing) 6.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. 6.2 Using a tap closest to where the water enters the home, remove any aerator and run water until it represents that of the distribution system. 6.3 Fill two 1 litre sample bottles, immediately after the second sample has been collected, collect a sample of water for pH testing. (Use a pH meter that measures to at least two digits.) Record pH result on chain of custody form for that point in the distribution system. Ensure on the Chain of Custody form that lead and alkalinity is checked off. Page 296 of 358 Page 435 of 640Page 297 of 355 Page 744 of 1092 Lead Sampling MW -WWW-DWS-SOP-012-005 This document is CONTROLLED unless otherwise noted. Rev 7 Page 3 of 3 DO NOT PHOTOCOPY 6.4 The 2 one-litre samples are to be sent to a licensed lab for testing. The pH sample will be recorded and results made available upon request. 6.5 Record location and date of sample in lead sample binder, place chain of custody sheet in appropriate section within the binder. 7.0 ASSOCIATED DOCUMENTS Chain of Custody Lead Sample Binder 8.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: November 2022 Last Approval Date: November 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): Page 297 of 358 Page 436 of 640Page 298 of 355 Page 745 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 1 of 4 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document methods of handling an event where a backflow or cross connection has been suspected in the City of Niagara Falls’ drinking water distribution system. 2.0 SCOPE This procedure applies to any event where a suspected backflow or cross connection has occurred within the Niagara Falls Drinking Water Distribution System. Please note at any point, if the event taking place surpasses the scope of this procedure immediately refer to Corporate Emergency Response Plan. If there is any conflict with Corporate Emergency Response Plan immediately defer to the Corporate Plan. 3.0 DEFINITIONS Backflow A reverse of flow within water pipes, where undesirable water enters the distribution system. Cross Connection A connection or potential connection between any part of the water distribution system and any other environment containing a substance that may affect the quality of water in the distribution system. Special Case Evident or suspected contamination of sewage or chemicals (for example petroleum products, liquids of abnormal colour, odour etc.) in the water distribution system Appropriate Authority Government or technical agency whose expertise is required in the event of a suspected backflow or cross connection. 4.0 RESPONSIBILITIES Senior Manager Water & Wastewater Services Follow advice given by Medical Officer of Health. Communicate issue with Director of Municipal Works. Determine course of action to be taken in affected areas. Title: Suspected Backflow or Cross Connection Document # MW-WWW-DWS-SOP-014-002 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: September 2022 Start of Next Review Period As needed Revision #: 8 No. of Pages 4 Page 298 of 358 Page 437 of 640Page 299 of 355 Page 746 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 2 of 4 DO NOT PHOTOCOPY Water & Wastewater Services Supervisor Water & Wastewater Services Supervisor/ORO Follow advice given by Medical Officer of Health. Communicate issue with Manager constant. Determine course of action to be taken in affected areas. Ensure staff are following proper procedure Ensure compliance with regulatory reporting and record keeping Water & Wastewater Services Coordinator/ Director of Municipal Works Keep Council informed of events as information becomes available Provide guidance as to the course of action to be taken in affected areas. 5.0 PROCEDURE 5.1 Determine suspected facility/ source of the backflow connection. The responding Operator will ensure compliance with the Safe Drinking Water Act’s Regulation 170/03 Section 16-4, Duty to report other observations. 16-4 States that: Duty to report other observations 16-4. If an observation other than an adverse test result prescribed by section 16-3 indicates that a drinking water system that provides or is required to provide disinfection is directing water to users of water from the system that has not been disinfected in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, (a) the owner of the system shall report to the Ministry and the medical officer of health immediately after the observation is made; or (b) if an operating authority is responsible for the operation of the system, the operating authority shall report to the Ministry, the medical officer of health and the owner of the system immediately after the observation is made. The Overall Responsible Operator or his designate must immediately call, priority sequenced: 5.1 a) i) Medical Officer of Health – Public Health Department (905) 688-3762 (After hours you must also call the Regional After Hours Dispatch, (905) 984-3690). ***Boil Water Advisory may be issued*** ii) In special contamination cases where contaminant type or source are unknown– local Water & Wastewater Service Companies to perform immediate testing based on physical/chemical Page 299 of 358 Page 438 of 640Page 300 of 355 Page 747 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 3 of 4 DO NOT PHOTOCOPY characteristics of contaminant. Call companies in order below, moving on to the next company in the instance there is no answer or an answering service responds: Ontario Water & Wastewater: 1-888-271-2111 or local 905-988-1554 Certi W ater & Wastewater: 905-892-5527 Envirosystems: 1-877-334-3318 Isolate the affected portion of the system. If flushing system to sewer system, advise local Waste Water Treatment Facility (905-354-2754, or after hours 905-984-3690) ***Do Not Use Water Form may be issued*** Remedial action to certain special contamination may be performed under the advisement of local Water & Wastewater Clean Up Contractors: Marine Clan Ltd.: 905-356-5553 Gabriel Maintenance Ltd.: 905-688-3066 Bob Robinson and Son Construction: 905-384-9884 Envirosystems (formerly Hotz Water & Wastewater Services): 905-578-1041 5.1 b) Spills Action Centre (SAC) – MOE 1-800-268-6060 5.1 c) Drinking Water Inspector 905-704-3910 5.2 These people must be advised of the location and date/time of the suspected backflow. Record on the AWQI form, what time the call was placed, whom you spoke with and their position. The Spill Action Centre with give an Adverse Water Quality Incident (AWQI) number. Record this number as it will be needed when completing paper work. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.2 Direct sampling and monitor based on location of AWQI, sampling area should extend well beyond area of suspected backflow or cross connection to allow of tracing of source or to end point. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.4 Attempt to determine the degree of health hazard based on the type of contamination found. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.5 Follow all orders given by the Medical Officer of Health and or appropriate authority. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.6 If a Boil Water or Do Not Use Water Advisory is issued, refer to Boil Water – Do Not Use Water Advisory (MW -ES-DWS-SOP-014-001). - Water & Wastewater Services Supervisor/ ORO or Designate Responsible Page 300 of 358 Page 439 of 640Page 301 of 355 Page 748 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 4 of 4 DO NOT PHOTOCOPY 6.0 ASSOCIATED DOCUMENTS MW -EEE-DWS-SOP-014-001 – Boil Water Advisory MW -WWW -DWS-VIS-014-001 – Boil Water Notice and FAQ MW -WWW -DWS-FRM-014-002 – Do Not Use Water Form MW -WWW -DWS-VIS-014-002 –Do Not Use Water Poster 7.0 REVISION HISTORY Revision No.: 8 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 301 of 358 Page 440 of 640Page 302 of 355 Page 749 of 1092 Hydrants – Thawing Frozen Hydrants MW -WWW-DWS-SOP-011-016 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 2 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to thaw a frozen hydrant to make it available for firefighting and emergency use. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Hydrants - Thawing Frozen Hydrants. 3.0 DEFINITIONS N/A 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor or Senior Manager of Water & Wastewater Services Ensure person thawing hydrants is properly trained to do so. Ensure proper equipment is available for use. All Who Perform This Task Submits records and drawings indicating the type of maintenance and or repairs performed. Responsible for proper set up of required traffic control at work site. Ensure equipment is properly disinfected. 5.0 PROCEDURE This task is completed by a single Water & Wastewater Services Employee, thus, there is no delegation of duties. 5.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. 5.2 Ensure General Work (MW-WWW-DWS-SOP-011-028) Procedures are followed. Title: Hydrants – Thawing Frozen Hydrants Document #: MW-WWW-DWS-SOP-011-016 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: July 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages: 2 Page 302 of 358 Page 441 of 640Page 303 of 355 Page 750 of 1092 Hydrants – Thawing Frozen Hydrants MW -WWW-DWS-SOP-011-016 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 2 DO NOT PHOTOCOPY 5.3 Load truck with steamer system (boiler, stand, and torch head) and jugs of water. Trucks without propane require propane tanks as well. 5.4 Remove cap and determine level of freezing. 5.5 Remove steamer system from truck and place by hydrant. 5.6 Fill steamer with water. Put steamer into stand and add torch. 5.7 Always have pressure gauge visible for monitoring. 5.8 Chip ice away to access hydrant. 5.9 Insert hose into hydrant and try to maintain a seal with rags to capture heat. 5.10 Insert hose further as hydrant begins to thaw. 5.11 Continue procedure until operating nut is moveable. Once operating nut moves, continue process for 5 minutes, remove steamer hose and check hydrant operation. 5.12 Shut hydrant off, and pump hydrant free of water. 5.13 Shut off steamer, let it cool, and drain steamer, before handling. Dismantle unit and put in truck. 5.14 Complete task in Maintenance Management Program. 6.0 ASSOCIATED DOCUMENTS General Work (MW-WWW-DWS-SOP-011-028) Equipment and Tool Disinfection (MW -WWW-DWS-SOP-011-032) 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: July 2022 Last Approval Date: July 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): See above Page 303 of 358 Page 442 of 640Page 304 of 355 Page 751 of 1092 Water Conservation MW -WWW-DWS-FRM-014-001 This document is CONTROLLED unless otherwise noted. Rev 3 Page 1 of 1 DO NOT PHOTOCOPY ANNOUNCEMENT WATER RESTRICTION The City of Niagara Falls has declared that a water conservation plan be initiated. The City of Niagara Falls has declared that a water conservation plan be initiated. The Citizens of Niagara Falls are requested to reduce their water consumption through the prohibition of the use of municipally supplied water for all lawn watering, washing cars and other external uses of water. While there is no water shortage at this time, (insert information/occurrence creating the need for the restriction)________________ _______________________________ which is causing the water treatment and storage facilities to reach reliable capacity. Consequently, the City has been requested to institute restrictions on the use of water in order to maintain adequate water pressure for fire fighting protection and other essential uses. Therefore, to help your neighbours who are experiencing alarming loss of water pressure and to ensure adequate fire protection, all Citizens are requested to obey the following: - Avoid all use of outside taps at homes and places of business. - Avoid any activities that use large amounts of water. - Restrict lawn watering, washing cars and other outside water use. Please turn to local news and the City’s website niagarafalls.ca for updates as they become available. Thank you for your cooperation. For more information please contact: City of Niagara Falls Service Centre 905-356-1355 Page 304 of 358 Page 443 of 640Page 305 of 355 Page 752 of 1092 Water Quality Complaint Based Sampling MW -WWW-DWS-SOP-011-034 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 3 DO NOT PHOTOCOPY Title: Water Quality Complaint Based Sampling Document #: MW-WWW-DWS-SOP-011-034 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: July 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages: 3 1.0 PURPOSE The purpose of this procedure is to ensure water quality complaints are dealt with efficiently and with minimum disruption to the customer. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Water Quality Complaints. 3.0 DEFINITIONS Adverse Chlorine Residual When a result of less than 0.05 mg/L of free chlorine is observed. 4.0 RESPONSIBILITIES Water Meter Repairer Investigate cause of complaint. Investigate plumbing at meter to determine pipe material. USO/ Water & Wastewater Services Maintainer Investigate cause of complaint. Investigate plumbing at meter to determine pipe material. Take chlorine residual and microbiological sample within home. Plumber Investigate cause of complaint. Investigate plumbing at meter to determine pipe material. Investigate internal plumbing to determine other possible sources of complaint. 5.0 PROCEDURE 5.1 Disinfect all tools, equipment, and parts that may come into contact with the potable water supply according to Equipment and Tool Disinfection (MW-WWW-DWS-SOP-011-032) or the most recent version of the AWWA Standard C651 prior to commencing the work. – All who handle tools responsible. 5.2 The customer contacts the City and the water quality complaint is received. - Staff member answer phone Page 305 of 358 Page 444 of 640Page 306 of 355 Page 753 of 1092 Water Quality Complaint Based Sampling MW -WWW-DWS-SOP-011-034 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 3 DO NOT PHOTOCOPY 5.3 Water & Wastewater Services is contacted by the City representative receiving the complaint. The Water & Wastewater Services Staff member contacts the home Owner to try and determine the cause of the issue. Troubleshooting over the phone is performed prior to sending staff out - Water & Wastewater Services Staff 5.4 If an onsite visit is required, a work order is created. - Water & Wastewater Services Supervisor or Water & Wastewater Services Coordinator 5.5 Upon receiving the work order arrive to home or business, and remove screen on tap. - Staff member assigned work order. 5.6 Run the tap(s) and check the colour and smell of the water. - Staff member assigned work order. 5.7 While investigating the complaint, with the permission of the home or business owner, the inside plumbing may be checked for complaint causes such as galvanized pipe and other potentially visible issues. - Staff member assigned work order. 5.8 Measure free chlorine residual in accordance with Chlorine Residual Sampling (MW-WWW- DWS-SOP-012-004). If the residual is found to be less than 0.05 mg/L, follow the adverse water quality reporting procedure. - Staff member assigned work order. 5.9 Take a microbiological sample as per Microbiological Sampling - Weekly Sampling (MW- WWW-DWS-SOP-012-003), as required. - Staff member assigned work order. 5.10 Complete work order/operator report. - Staff member assigned work order. 5.11 Report findings to Supervisor. - Staff member assigned work order. 5.12 Contact home owner upon receiving the results back from the lab, and report findings of the investigation, as required. - Water and Wastewater Services Supervisor or Water & Wastewater Services Coordinator 6.0 ASSOCIATED DOCUMENTS $ Chlorine Residual Sampling - MW -WWW-DWS-SOP-012-004 $ Microbiological Sampling - Weekly Sampling MW -WWW-DWS-SOP-012-003 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: July 2022 Last Approval Date: July 2022 Page 306 of 358 Page 445 of 640Page 307 of 355 Page 754 of 1092 Water Quality Complaint Based Sampling MW -WWW-DWS-SOP-011-034 This document is CONTROLLED unless otherwise noted. Rev 7 Page 3 of 3 DO NOT PHOTOCOPY Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 307 of 358 Page 446 of 640Page 308 of 355 Page 755 of 1092 Boil Water and Do Not Use Water Advisory MW -WWW-DWS-SOP-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this SOP is to document methods of handling an event where a Boil Water Advisory has been issued by the City of Niagara Falls, the Medical Officer of Health or the Public Health Department. 2.0 SCOPE This procedure applies to any City of Niagara Falls Staff involved during the implementation and rectification of a Boil Water Advisory in the event one has been issued by the Medical Officer of Health, the Public Health Department or the City of Niagara Falls. The advice given must be followed at all times during the event. A Boil Water Advisory can be only be lifted by the agency or municipality who issues the advisory. Please note at any point, if the event taking place surpasses the scope of this procedure immediately refer to Corporate Emergency Response Plan. If there is any conflict with Corporate Emergency Response Plan immediately defer to the Corporate Plan. 3.0 DEFINITIONS Boil Water Advisory Order An event ordered by the Medical Officer of Health or the Public Health Department where the City will issue a statement to the public advising the public not to consume tap water unless it has been boiled prior. During one of these events bottled water is acceptable for consumption. Boil Water Advisory An advisory issued by the Medical Officer of Health, the Public Health Department or the City of Niagara Falls where the City will issue a statement to the public advising the public not to consume tap water unless it has been boiled prior. During one of these events bottled water is acceptable for consumption. Do Not Use Water Advisory An event ordered by the Medical Officer of Health or the Public Health Department where the City will issue a statement to the public advising the public not to use tap water for any purpose. In an event such as this, bottled water only can be used. Title: Boil Water and Do Not Use Water Advisory Document # MW-WWW-DWS-SOP-014-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: September 2022 Start of Next Review Period As Needed Revision #: 9 No. of Pages 3 Page 308 of 358 Page 447 of 640Page 309 of 355 Page 756 of 1092 Boil Water and Do Not Use Water Advisory MW -WWW-DWS-SOP-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 2 of 3 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Senior Manager, Water & Wastewater Services Follow advice given by Medical Officer of Health. Communicate issue with Director of Municipal Works. Determine course of action to be taken in affected areas. Water & Wastewater Services Supervisor Water & Wastewater Services Supervisor/ORO Water & Wastewater Services Coordinator Follow advice given by Medical Officer of Health. Keep communication with Manager constant. Give advise on course of action to be taken in affected areas Director of Municipal Works Keep Council informed of events as information becomes available. Provide guidance as to course of action to be taken in affected areas. Determine if City should issue Boil Water Advisory. 5.0 PROCEDURE 5.1 a) Receive call from Medical Officer of Health or Public Health Department to issue a Boil Water Advisory (BWA) or Do Not Use Water Advisory. - Senior Manager, Water & Wastewater Services or Designate Responsible b) Issue an advisory based on an occurrence in the water distribution system prior to test results coming back. (i.e. issue during watermain tap, issue during firefighting event where air has entered the distribution system.) - Senior Manager, Water & Wastewater Services in consultation with Director of Municipal Works Responsible 5.2 The Overall Responsible Operator and the Operator in Charge must be advised immediately of a Boil Water Advisory or Do Not Use Water Advisory. You MUST follow all advice/ orders given by the Medical Officer of Health or the Public Health Department. - The individual receiving the call will from the Medical Officer of Health or the Public Health Department will be responsible. 5.3 Ensure that the proper notification is issued and the following actions may be required to be taken: Contact Medical Officer of Health (emergency personnel) Contact Public Health Department Contact Critical Water Users MW-WWW-DWS-LM-014-002 Provide notices to media outlets (TV, Radio, Newspapers) Page 309 of 358 Page 448 of 640Page 310 of 355 Page 757 of 1092 Boil Water and Do Not Use Water Advisory MW -WWW-DWS-SOP-014-001 This document is CONTROLLED unless otherwise noted. Rev 9 Page 3 of 3 DO NOT PHOTOCOPY Provide notices to all affected residence; deliver handbills door to door using approved communications, see associated documents. - Senior Manager, Water & Wastewater Services or Designate Responsible 5.4 a) In the event of a BWA or Do Not Use Water Advisory issued by the Medical Officer of Health or the Public Health Department follow prescribed sampling instructions. - Underground Service Operator Responsible b) In the event BWA issued by the City of Niagara Falls, contact Public Health and request advice on sampling. 5.4 Advise via media outlets when advisory has been lifted by the agency or Municipality that issued the advisory. - Senior Manager, Water & Wastewater Services or Designate Responsible 6.0 ASSOCIATED DOCUMENTS MW -WWW -DWS-VIS-014-001 – Boil Water Notice and FAQ MW -WWW -DWS-FRM-014-002 – Do Not Use Water Form MW -WWW -DWS-VIS-014-002 – Do Not Use Water for Any Purpose Poster MW -WWW -DWS-SOP-012-001 - Adverse Water Quality Incident Reporting MW -WWW -DWS-LM-014-002 - Contact Critical Water Users MW -WWW -DWS-LM-014-001 - Drinking Water Emergency Contact List 7.0 CONTACT NUMBERS Medical Officer of Health – Public Health Department (905) 688-3762 – ask for Inspections. (After hours you must also call the Regional After Hours Dispatch, (905) 984-3690). Spills Action Centre (SAC) – MECP 1-800-268-6060 Water Inspector: 289-241-4791 8.0 REVISION HISTORY Revision No.: 9 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 310 of 358 Page 449 of 640Page 311 of 355 Page 758 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 1 of 4 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document methods of handling an event where a backflow or cross connection has been suspected in the City of Niagara Falls’ drinking water distribution system. 2.0 SCOPE This procedure applies to any event where a suspected backflow or cross connection has occurred within the Niagara Falls Drinking Water Distribution System. Please note at any point, if the event taking place surpasses the scope of this procedure immediately refer to Corporate Emergency Response Plan. If there is any conflict with Corporate Emergency Response Plan immediately defer to the Corporate Plan. 3.0 DEFINITIONS Backflow A reverse of flow within water pipes, where undesirable water enters the distribution system. Cross Connection A connection or potential connection between any part of the water distribution system and any other environment containing a substance that may affect the quality of water in the distribution system. Special Case Evident or suspected contamination of sewage or chemicals (for example petroleum products, liquids of abnormal colour, odour etc.) in the water distribution system Appropriate Authority Government or technical agency whose expertise is required in the event of a suspected backflow or cross connection. 4.0 RESPONSIBILITIES Senior Manager Water & Wastewater Services Follow advice given by Medical Officer of Health. Communicate issue with Director of Municipal Works. Determine course of action to be taken in affected areas. Title: Suspected Backflow or Cross Connection Document # MW-WWW-DWS-SOP-014-002 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: September 2022 Start of Next Review Period As needed Revision #: 8 No. of Pages 4 Page 311 of 358 Page 450 of 640Page 312 of 355 Page 759 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 2 of 4 DO NOT PHOTOCOPY Water & Wastewater Services Supervisor Water & Wastewater Services Supervisor/ORO Follow advice given by Medical Officer of Health. Communicate issue with Manager constant. Determine course of action to be taken in affected areas. Ensure staff are following proper procedure Ensure compliance with regulatory reporting and record keeping Water & Wastewater Services Coordinator/ Director of Municipal Works Keep Council informed of events as information becomes available Provide guidance as to the course of action to be taken in affected areas. 5.0 PROCEDURE 5.1 Determine suspected facility/ source of the backflow connection. The responding Operator will ensure compliance with the Safe Drinking Water Act’s Regulation 170/03 Section 16-4, Duty to report other observations. 16-4 States that: Duty to report other observations 16-4. If an observation other than an adverse test result prescribed by section 16-3 indicates that a drinking water system that provides or is required to provide disinfection is directing water to users of water from the system that has not been disinfected in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, (a) the owner of the system shall report to the Ministry and the medical officer of health immediately after the observation is made; or (b) if an operating authority is responsible for the operation of the system, the operating authority shall report to the Ministry, the medical officer of health and the owner of the system immediately after the observation is made. The Overall Responsible Operator or his designate must immediately call, priority sequenced: 5.1 a) i) Medical Officer of Health – Public Health Department (905) 688-3762 (After hours you must also call the Regional After Hours Dispatch, (905) 984-3690). ***Boil Water Advisory may be issued*** ii) In special contamination cases where contaminant type or source are unknown– local Water & Wastewater Service Companies to perform immediate testing based on physical/chemical Page 312 of 358 Page 451 of 640Page 313 of 355 Page 760 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 3 of 4 DO NOT PHOTOCOPY characteristics of contaminant. Call companies in order below, moving on to the next company in the instance there is no answer or an answering service responds: Ontario Water & Wastewater: 1-888-271-2111 or local 905-988-1554 Certi W ater & Wastewater: 905-892-5527 Envirosystems: 1-877-334-3318 Isolate the affected portion of the system. If flushing system to sewer system, advise local Waste Water Treatment Facility (905-354-2754, or after hours 905-984-3690) ***Do Not Use Water Form may be issued*** Remedial action to certain special contamination may be performed under the advisement of local Water & Wastewater Clean Up Contractors: Marine Clan Ltd.: 905-356-5553 Gabriel Maintenance Ltd.: 905-688-3066 Bob Robinson and Son Construction: 905-384-9884 Envirosystems (formerly Hotz Water & Wastewater Services): 905-578-1041 5.1 b) Spills Action Centre (SAC) – MOE 1-800-268-6060 5.1 c) Drinking Water Inspector 905-704-3910 5.2 These people must be advised of the location and date/time of the suspected backflow. Record on the AWQI form, what time the call was placed, whom you spoke with and their position. The Spill Action Centre with give an Adverse Water Quality Incident (AWQI) number. Record this number as it will be needed when completing paper work. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.2 Direct sampling and monitor based on location of AWQI, sampling area should extend well beyond area of suspected backflow or cross connection to allow of tracing of source or to end point. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.4 Attempt to determine the degree of health hazard based on the type of contamination found. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.5 Follow all orders given by the Medical Officer of Health and or appropriate authority. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.6 If a Boil Water or Do Not Use Water Advisory is issued, refer to Boil Water – Do Not Use Water Advisory (MW -ES-DWS-SOP-014-001). - Water & Wastewater Services Supervisor/ ORO or Designate Responsible Page 313 of 358 Page 452 of 640Page 314 of 355 Page 761 of 1092 Suspected Backflow or Cross Connection MW -WWW-DWS-SOP-014-002 This document is CONTROLLED unless otherwise noted. Rev 8 Page 4 of 4 DO NOT PHOTOCOPY 6.0 ASSOCIATED DOCUMENTS MW -EEE-DWS-SOP-014-001 – Boil Water Advisory MW -WWW -DWS-VIS-014-001 – Boil Water Notice and FAQ MW -WWW -DWS-FRM-014-002 – Do Not Use Water Form MW -WWW -DWS-VIS-014-002 –Do Not Use Water Poster 7.0 REVISION HISTORY Revision No.: 8 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 314 of 358 Page 453 of 640Page 315 of 355 Page 762 of 1092 Source Failure/ Widespread Water Loss MW -WWW-DWS-SOP-014-003 This document is CONTROLLED unless otherwise noted. Rev 8 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this SOP is to document methods of handling an event where there has been a loss of source water or widespread water loss within the City of Niagara Falls’ drinking water distribution system. 2.0 SCOPE This procedure applies to an event where the City of Niagara Falls can not supply drinking water due to failure of source at regional water treatment plant or widespread water loss. During an event of this nature, the aim is to notify the proper authorities and the public, minimize public health risks, implement a strategy, provide a supply of potable water to those affected and to return the distribution system to normal operations. Please note at any point, if the event taking place surpasses the scope of this procedure immediately refer to Corporate Emergency Response Plan. If there is any conflict with Corporate Emergency Response Plan immediately defer to the Corporate Plan. 3.0 DEFINITIONS Source Failure Due to contamination of water or mechanical failure at water treatment plant water can not be processed and properly disinfected in order to supply distribution system. Widespread Loss A situation where water supply is unable to reach the end user due to a major disruption of the distribution system, such as transmission main failure. 4.0 RESPONSIBILITIES Senior Manager, Water & Wastewater Services Communicate with Niagara Region Staff. Communicate issue with Director of Municipal Works. Communicate with local area municipalities which obtain water from the Niagara Falls WDS. Communicate with media outlets as necessary. Communicate with Public Health and Critical Users Delegate Staff to help with community water needs as required Determine course of action to be taken in affected areas Title: Source Failure/ Widespread Water Loss Document # MW-WWW-DWS-SOP-014-003 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: September 2022 Start of Next Review Period As Needed Revision #: 8 No. of Pages 3 Page 315 of 358 Page 454 of 640Page 316 of 355 Page 763 of 1092 Source Failure/ Widespread Water Loss MW -WWW-DWS-SOP-014-003 This document is CONTROLLED unless otherwise noted. Rev 8 Page 2 of 3 DO NOT PHOTOCOPY Water & Wastewater Services Supervisor Water & Wastewater Services Supervisor/ORO Water & Wastewater Services Coordinator Communicate issue with Manager constant. Give advise as to course of action to be taken in affected areas. Director of Municipal Works Keep Council informed of events as information becomes available. Provide guidance as to the course of action to be taken in affected areas. Aid in development of alternative sources of water until issue can be resolved 5.0 PROCEDURE 5.1 In the event of source failure or widespread water loss contact the Niagara Falls Water Treatment Plant to determine cause and length of failure. - Water & Wastewater Supervisor / ORO or Designate Responsible 5.2 Contact the Medical Officer of Health, the Ministry of Environment and Climate Change Spills Actions Centre and other emergency personnel. - Water & Wastewater Supervisor / ORO or Designate Responsible 5.3 Contact critical water users found in Critical Users List MW-WWW-DWS-LM-014-002. - Water & Wastewater Supervisor / ORO or Designate Responsible 5.3 Contact City of Thorold and Town of Niagara-on-the-Lake municipal offices, advising of the water loss as it relates to the areas of the each respective municipalities water sources. - Water & Wastewater Supervisor / ORO or Designate Responsible 5.5 If necessary, issue water use restrictions for the affected area. Refer to the Water Conservation MW-WWW- DWS-FRM-014-001. Determine the supply capacity relative to existing and potential demand. Provide notice by radio, TV, handbill or continuous posting within 72 hours. - Water & Wastewater Supervisor / ORO or Designate Responsible 5.6 Alternative sources of water will be developed in consultation with the Medical Officer of Health, the Ministry of Environment and Climate Change Spills Action Centre and Niagara Region. - Director of Municipal Works and Water & Wastewater Supervisor / ORO or Designate Responsible Page 316 of 358 Page 455 of 640Page 317 of 355 Page 764 of 1092 Source Failure/ Widespread Water Loss MW -WWW-DWS-SOP-014-003 This document is CONTROLLED unless otherwise noted. Rev 8 Page 3 of 3 DO NOT PHOTOCOPY 6.0 ASSOCIATED DOCUMENTS Critical Users List - MW-WWW-DWS-LM-014-002 Water Conservation MW -WWW-DWS-FRM-014-001 7.0 REVISION HISTORY Revision No.: 8 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 317 of 358 Page 456 of 640Page 318 of 355 Page 765 of 1092 Suspected Tampering of the Distribution System MW -WWW-DWS-SOP-014-004 This document is CONTROLLED unless otherwise noted. Rev 8 Page 1 of 3 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to document methods of handling an event where suspected tampering of the distribution system has occurred. 2.0 SCOPE This procedure applies to any event where tampering of the water distribution system has occurred within the Niagara Falls Drinking Water Distribution System. Tampering of the water distribution system may range in severity from the simple defacement of public property to the introduction of biological, chemical or radiological agents into the water supply. Please note at any point, if the event taking place surpasses the scope of this procedure immediately refer to Corporate Emergency Response Plan. If there is any conflict with Corporate Emergency Response Plan immediately defer to the Corporate Plan. 3.0 DEFINITIONS Tampering An event where an individual or group secretly alters the water distribution system with the intent to harm the population or destruct property. Appropriate Authority Government or technical agency whose expertise is required in the event of a suspected backflow or cross connection. 4.0 RESPONSIBILITIES Senior Manager, Water & Wastewater Services Follow advice given by Medical Officer of Health. Communicate issue with Director of Municipal Works. Determine course of action to be taken in affected areas. Title: Suspected Tampering of the Distribution System Document # MW-WWW-DWS-SOP-014-004 Created by: Jessica Blanchard Status of Document: Final Approved by: Adam Allcock Issue/ Revision Date: September 2022 Start of Next Review Period As Required Revision #: 8 No. of Pages 3 Page 318 of 358 Page 457 of 640Page 319 of 355 Page 766 of 1092 Suspected Tampering of the Distribution System MW -WWW-DWS-SOP-014-004 This document is CONTROLLED unless otherwise noted. Rev 8 Page 2 of 3 DO NOT PHOTOCOPY Water & Wastewater Services Supervisor Follow advice given by Medical Officer of Health. Communicate issue with Manager constant. Determine course of action to be taken in affected areas. Director of Municipal Works Keep Council informed of events as information becomes available Provide guidance as to the course of action to be taken in affected areas. 5.0 PROCEDURE 5.1 Assess Situation 5.1.1 Asses the severity of the situation and, depending on the severity, immediately take the following actions as appropriate for the situation: Action Description Vandalism Actions that cause physical damage to public property and structures, such as cutting fences to gain access to secure areas, tampering with valves or hydrants. Malicious Actions Actions that, intentional or not, introduce or threaten to introduce foreign substances into a portion of the distribution system or cause damage to a portion of the public water systems infrastructure. These acts range from pranks that “go too far” (adding food coloring to a storage tank) to actions intended to cause a disruption to the public water supply or the introduction of toxic substance into the distribution system. Terrorism Intentional actions that introduce or threaten to introduce foreign substances into a portion of the treatment or distribution system or cause damage to a portion of the public water systems infrastructure. These acts are meant to cause harm to individuals and cause unease or panic in the general public. Special Contamination Intentional or unintentional actions that have caused sewage or chemicals (known or unknown) into to the public water system as a result as a tampered with/failed back flow or cross connection valves. 5.1.2 Isolate the affected portion of the system. 5.1.3 Contact Niagara Regional Police, work with NRP to determine if the tampering was a act of vandalism, a malicious action or act of terrorism, or another cause. 5.1.4 Treat the area as a crime scene. Minimize disturbance of the area in order to preserve physical evidence. Document the observed conditions, with photographs and video if possible. Take note of anything out of the ordinary. Page 319 of 358 Page 458 of 640Page 320 of 355 Page 767 of 1092 Suspected Tampering of the Distribution System MW -WWW-DWS-SOP-014-004 This document is CONTROLLED unless otherwise noted. Rev 8 Page 3 of 3 DO NOT PHOTOCOPY 5.1.5 If contamination is suspected follow Suspected Backflow or Cross Connection - (MW-WWW-DWS-SOP-014-002). Contact other emergency personnel or agencies that are appropriate for the situation using the phone list found in Drinking Water Emergency Contact List (MW-WWW- DWS-LM-014-001). 5.2 Evidence of Tampering Has Been Found 5.2.1 Do not begin any repair, adjustment, replacement or sampling of the distribution system without consent of appropriate authority. 5.2.2 Upon consent, perform a physical check on the system and its structural integrity (look for open hydrants, etc). 5.2.3 If it is determined that biological, chemical or radiological agents have been introduced into the distribution system, proper precautions must be taken during sampling to prevent exposure to the contaminant and/or other products. 5.2.4 If it is confirmed that biological, chemical or radiological agents have been introduced into the distribution system follow all advice and recommendations made appropriate authority personnel. 6.0 ASSOCIATED DOCUMENTS Suspected Backflow or Cross Connection MW-WWW-DWS-SOP-014-002 Emergency Contacts List MW-WWW-DWS-LM-014-001 7.0 REVISION HISTORY Revision No.: 8 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) Summary of Change(s): N/A Page 320 of 358 Page 459 of 640Page 321 of 355 Page 768 of 1092 Special Case Contamination MW -WWW-DWS-SOP-014-005 2 This document is CONTROLLED unless otherwise noted. Rev 2 Page 1 of 4 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to address sections 3.4.4 (Special case – Sewage contamination) and 3.4.5 (Special case – Chemical contamination) of the revised MOECC document: “Watermain Disinfection Procedure” 2020, in the event that these circumstances have occurred in the City of Niagara Falls’ drinking water distribution system. 2.0 SCOPE This procedure applies to any event where a suspected special case contamination has occurred within the Niagara Falls Drinking Water Distribution System, with the understanding that these circumstances are extremely rare occurrences This procedure will serve as a guide to addressing special case contamination occurrences as it is understood that each potential special case would require event specific consultations in managing their unique situational and contaminant circumstances. The goal is to work collaboratively with the local Medical Officer of Health in the preparation, implementation and monitoring the effectiveness of the developed corrective actions for each occurrence. Please note at any point, if the event taking place surpasses the scope of this procedure immediately refer to Corporate Emergency Response Plan. If there is any conflict with Corporate Emergency Response Plan immediately defer to the Corporate Plan. 3.0 DEFINITIONS Special Case Contamination Evident or suspected contamination of sewage or chemicals (for example petroleum products, liquids of abnormal colour, odour etc.) in the water distribution system Appropriate Authority Government or technical agency whose expertise is required in the event of a suspected special case contamination occurrence. Title: Special Case Contamination Document # MW-WWW-DWS-SOP-014-005 Created by: Jessica Blanchard Status of Document: Final Draft Approved by: Adam Allcock Issue/ Revision Date: September 2022 Start of Next Review Period As needed Revision #: 2 No. of Pages 4 Page 321 of 358 Page 460 of 640Page 322 of 355 Page 769 of 1092 Special Case Contamination MW -WWW-DWS-SOP-014-005 2 This document is CONTROLLED unless otherwise noted. Rev 2 Page 2 of 4 DO NOT PHOTOCOPY 4.0 RESPONSIBILITIES Senior Manager, Water & Wastewater Services Follow advice given by Medical Officer of Health. Communicate issue with Director of Municipal Works. Determine course of action to be taken in affected areas. Water & Wastewater Services Supervisor Water & Wastewater Services Supervisor/ORO Water & Wastewater Services Coordinator/ Follow advice given by Medical Officer of Health. Communicate issue with Manager constant. Determine course of action to be taken in affected areas. Ensure staff are following proper procedure/direction Ensure compliance with regulatory reporting and record keeping Director of Municipal Works Keep Council informed of events as information becomes available Provide guidance as to the course of action to be taken in affected areas. 5.0 PROCEDURE 5.1 Determine suspected facility/ source of the special case contamination. The responding Operator will ensure compliance with the Safe Drinking Water Act’s Regulation 170/03 Section 16-4, Duty to report other observations. 16-4 States that: Duty to report other observations 16-4. If an observation other than an adverse test result prescribed by section 16-3 indicates that a drinking water system that provides or is required to provide disinfection is directing water to users of water from the system that has not been disinfected in accordance with the Ministry’s Procedure for Disinfection of Drinking Water in Ontario, (a) the owner of the system shall report to the Ministry and the medical officer of health immediately after the observation is made; or (b) if an operating authority is responsible for the operation of the system, the operating authority shall report to the Ministry, the medical officer of health and the owner of the system immediately after the observation is made. The Overall Responsible Operator or his designate must immediately call, priority sequenced: Page 322 of 358 Page 461 of 640Page 323 of 355 Page 770 of 1092 Special Case Contamination MW -WWW-DWS-SOP-014-005 2 This document is CONTROLLED unless otherwise noted. Rev 2 Page 3 of 4 DO NOT PHOTOCOPY 5.1 a) i) Medical Officer of Health – Public Health Department (905) 688-3762 (After hours you must also call the Regional Dispatch, (905) 984-3690). ***Boil Water Advisory may be issued*** ii) In special contamination cases where contaminant type or source are unknown– local Water & Wastewater Service Companies to perform immediate testing based on physical/chemical characteristics of contaminant. Call companies in order below, moving on to the next company in the instance there is no answer or an answering service responds: Ontario Water & Wastewater: 1-888-271-2111 or local 905-988-1554 Certi Water & Wastewater: 905-892-5527 Envirosystems: 1-877-334-3318 Isolate the affected portion of the system. If flushing system to sewer system, advise local Waste Water Treatment Facility (905-354-2754, or after hours 905-984-3690) ***Do Not Use Water Form may be issued*** Remedial action to certain special contamination may be performed under the advisement of local Water & Wastewater Clean Up Contractors: Marine Clan Ltd.: 905-356-5553 Gabriel Maintenance Ltd.: 905-688-3066 Bob Robinson and Son Construction: 905-384-9884 Envirosystems (formerly Hotz Water & Wastewater Services): 905-578-1041 b) Spills Action Centre (SAC) – MOECC 1-800-268-6060 c) Drinking Water Inspector 905-704-3910 5.2 These people must be advised of the location and date/time of the suspected special case contamination. Record on the AWQI form, what time the call was placed, whom you spoke with and their position. The Spill Action Centre with give an Adverse Water Quality Incident (AWQI) number. Record this number as it will be needed when completing paper work. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.2 Direct sampling and monitor based on location of AWQI, sampling area should extend well beyond area of suspected contamination to allow of tracing of source or to end point. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.4 Attempt to determine the degree of health hazard based on the type of contamination found. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.5 Follow all orders given by the Medical Officer of Health and or appropriate authority. - Water & Wastewater Services Supervisor/ ORO or Designate Responsible 5.6 If a Boil Water or Do Not Use Water Advisory is issued, refer to Boil Water – Do Not Use Water Advisory (MW -WWW-DWS-SOP-014-001). - Water & Wastewater Services Supervisor/ ORO or Designate Responsible Page 323 of 358 Page 462 of 640Page 324 of 355 Page 771 of 1092 Special Case Contamination MW -WWW-DWS-SOP-014-005 2 This document is CONTROLLED unless otherwise noted. Rev 2 Page 4 of 4 DO NOT PHOTOCOPY 6.0 ASSOCIATED DOCUMENTS MECP Watermain Disinfection Procedure 2020 MW -WWW -DWS-SOP-014-001 – Boil Water Advisory MW -WWW -DWS-VIS-014-001 – Boil Water Notice and FAQ MW -WWW -DWS-FRM-014-002 – Do Not Use Water Form 7.0 REVISION HISTORY Revision No.: 1 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services) and updated Disinfection Procedure version to 2020 (from 2016) Summary of Change(s): N/A Page 324 of 358 Page 463 of 640Page 325 of 355 Page 772 of 1092 Field and Response to Drinking Water Customer Calls MW -WWW-DWS-SOP-021-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 1 of 2 DO NOT PHOTOCOPY 1.0 PURPOSE The purpose of this procedure is to ensure the effective handling of incoming calls and provide accurate information to responsible staff and the caller. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of fielding and responding to drinking water customer calls. 3.0 DEFINITIONS N/A 4.0 RESPONSIBILITIES Water & Wastewater Services Supervisor and Coordinator Provide customer service to the concerned consumer. Determine the issue. Create task, if required Clerical Staff Determine the nature of the call. Provide customer service to the concerned consumer. 5.0 PROCEDURE 5.1 The sequence of action varies for each specific situation. 5.2 Field incoming calls and determine general nature of call for example; discoloured water, low pressure, watermain break. – Clerical Staff Responsible 5.3 If customer lives in area where existing work is taking place; hydrant flushing, wate rmain break, advise customer of the ongoing works. – Clerical Staff Responsible 5.4 If the call appears to require attention, Clerical staff will record callers name & address and issue, then transfer the call to the appropriate supervisor and create work request or forward call to Water & Wastewater Services Staff. – Clerical Staff Responsible. Title: Field and Response to Drinking Water Customer Calls Document #: MW-WWW-DWS-SOP-021-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: September 2022 Start of Next Review Period: As Needed Revision #: 7 No. of Pages: 2 Page 325 of 358 Page 464 of 640Page 326 of 355 Page 773 of 1092 Field and Response to Drinking Water Customer Calls MW -WWW-DWS-SOP-021-001 This document is CONTROLLED unless otherwise noted. Rev 7 Page 2 of 2 DO NOT PHOTOCOPY 5.5 The Supervisor/Coordinator will advise the caller of the action to be taken to address their concern, then record any additional information from caller (details of issue) to be entered into the maintenance management database – Water & Wastewater Services Supervisor Responsible 5.6 Once the complaint has been investigated, addressed and resolved, the work order shall be marked complete. – Water & Wastewater Services Supervisor Responsible 6.0 ASSOCIATED DOCUMENTS N/A 7.0 REVISION HISTORY Revision No.: 7 Date of Last Revision: September 2022 Last Approval Date: September 2022 Reason for Change(s): General Revision and Change of Divisions title (formerly Environmental Services, and changed to Water & Wastewater Services Summary of Change(s): Page 326 of 358 Page 465 of 640Page 327 of 355 Page 774 of 1092 Boil Water Advisory Do Not Drink The Water Without Boiling It First Bring all water to a boil for at least one minite and let it cool before using. Alternatively, you may use bottled water. Boiled or bottled water should be used for drinking, making ice, brushing teeth, washing dishes and food preparation, until further notice. Boiling kills bacteria and other organisms that may be present in the water. If you experience one or more of the following symptoms and they persist, contact your doctor: diarrhea, nausea, abdominal cramps and low-grade fevers. People with severely compromised immune systems, infants, and some elderly people may be at increased risk. These people should seek advice about drinking water from their health care providers. The City of Niagara Falls has no evidence at this time that the water system is contaminated. The possibility, however, does exist and is therefore issuing this advisory as a precaution to prevent or reduce the burden of water-borne illness related to drinking water. What is being done? We are investigating and taking the necessary steps to correct the problem. Please turn to local news and the City’s website niagarafalls.ca for updates as they become available. Due to the advise given by the Medical Officer of Health, a Boil Water Advisory has been issued in this area. Please take the following precautions: Useful Information How do I properly boil water? Bring water to full rolling boil for at least 1 minute, cool before use. How do I disinfect my hands? You can use an alcohol based hand disinfectant with a 60% alcohol content. You can also mix 45 mL (1.5 oz.) of household liquid bleach with 45 litres (10 gallons) of water. Mix and let stand for 10 minutes. I have a water filter does that make my water safe for drinking or cooking ? No. Filtered water should also be boiled for one minute before drinking or using it for cooking. What should I do after the boil water advisory is lifted? Run cold water faucets for one minute before using the water. Run drinking fountains for one minute before using the water. Flush all garden hoses by running cold water through them for one minute. Run water softeners through a regeneration cycle. Drain and refill hot water heaters set below 45°Celsius (normal setting is 60°Celsius). niagarafalls.ca BOIL WATER ADVISORY BOIL YOUR WATER BEFORE USING OR USE BOTTLED WATER Page 327 of 358Page 466 of 640Page 328 of 355Page 775 of 1092 FREQUENTLY ASKED QUESTIONS What Is the Reason For A Boil Water Advisory? There different are reasons for issuing a Boil Water Advisory such as: Possible lack of disinfectant in the water supply Bacteria found in drinking water sample Possible outbreak of an illness that has been linked to consumption of water GENERAL INFORMATION TO KNOW Boiled water or bottled water ONLY should be used for the following: Drinking Food Preparation and Cooking Ice Making Teeth Brushing Making Baby Formula and Juices Boil Water Advisory Can I Take a Bath/Shower? Adults and teens may shower as long as no water is swallowed. Older children may shower if using a hand held shower head while keeping water away from the face. Younger children should be given sponge baths. FREQUENTLY ASKED QUESTIONS Can I use my dishwasher? Yes, if your dishwasher has a hot setting. Alternatively you may soak dishes in a solution of 30mL (1 oz.) household liquid bleach and 13.5 litres (3 gallons) of water. Let dishes soak for at least 1 minute, then air dry. I wash my dishes by hand how do I disinfect them? You can use boiled water to wash dishes. You can also, as noted above, wash with soap and hot water, then disinfect dishes with a solution of 30mL (1 oz.) household liquid bleach and 13.5 litres (3 gallons) of water. Let dishes soak for at least 1 minute, then air dry. FREQUENTLY ASKED QUESTIONS My child was ill with diarrhea. Should I clean and disinfect toys ? Yes, if the toys are visibly soiled, wash them first with soap and water and then disinfect with a solution of 60 mL (1/4 cup) of household liquid bleach and 4.5 litres (1 gallon) of water. Boil Water Advisory Boil Water Advisory How do I disinfect items that have come in contact with raw meat? Wash with soap and hot water, then disinfect with a solution of 60 mL (1/4 cup) of household liquid bleach with 4.5 litres (1 gallon) of water. Do Not Reuse this solution. My doctor told me I am immunocompromised. What should I do? Always follow your physician’s and dietician’s advice. For More Information Contact: Niagara Region Public Health 905-688-3762 1-800-263-7248 Dip toys in to the solution, then air dry. Cloth and plush toys could be machine washed on a hot setting or dry-cleaned.Page 328 of 358Page 467 of 640Page 329 of 355Page 776 of 1092 DO NOT USE WATER FOR ANY PURPOSE Day, Month, Year - Due to advice given by the Medical Officer of Health, please do not use water for any purpose. Please take the following precautions: Do not use water from this water system for any purpose until further notice Bottled water should be used for drinking, making ice, brushing teeth, washing dishes and food preparation What is being done? We are investigating, and taking the necessary steps to correct the problem as soon as possible. Please turn to local news and the City’s website niagarafalls.ca for updates as they become available. For more information please contact: City of Niagara Falls Service Centre 905-356-1355 DRINKING WATER WARNING MW-WWW- DWS-VIS-014-002 Page 329 of 358 Page 468 of 640Page 330 of 355 Page 777 of 1092 Do Not Use Water For Any Purpose MW -WWW-DWS-FRM-014-002 This document is CONTROLLED unless otherwise noted. Rev 3 Page 1 of 1 DO NOT PHOTOCOPY DRINKING WATER WARNING ATTENTION: DO NOT USE WATER FOR ANY PURPOSE Day, Month, Year - Due to advice given by the Medical Officer of Health, please do not use water for any purpose. Please take the following precautions: Do not use water from this water system for any purpose until further notice Bottled water should be used for drinking, making ice, brushing teeth, washing dishes and food preparation What is being done? We are investigating, and taking the necessary steps to correct the problem as soon as possible. Please turn to local news and the City’s website niagarafalls.ca for updates as they become available. Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. For more information please contact: City of Niagara Falls Service Centre 905-356-1355 Page 330 of 358 Page 469 of 640Page 331 of 355 Page 778 of 1092 Drinking Water Emergency Contact List MW -WWW-DWS-LM-014-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 1 of 2 DO NOT PHOTOCOPY Drinking Water Emergency Contact List Name Title Office Phone Cell Phone Municipal Erik Nickel General Manager, Municipal Works 905-356-7521 ext. 4219 905-658-3198 Adam Allcock Senior Manager, Water & Wastewater Services 905-356-7521 ext. 6520 289-696-0806 Mike Pullano Water & Wastewater Services Supervisor/ORO 905-356-7521 ext. 6521 289-696-0621 Jonathan Danyluck Water & Wastewater Services Supervisor 905-356-7521 ext. 6248 905-327-9565 Joe Gugliotta Water & Wastewater Services Supervisor 905-356-7521 ext. 6325 905-329-9339 Andrew Carruthers Water & Wastewater Services Supervisor 905-356-7521 ext. 6523 289-668-2432 Jessica Blanchard Water & Wastewater Services Coordinator 905-356-7521 ext. 6209 289-668-2340 Regional Niagara Falls WTP 905-295-4831 Niagara Falls WTP Operations Manager Jeff Carl 905-295-4831 289-407-8958 Niagara Falls WTP Maintenance Manager Peter Paget 905-295-4831 905-658-8976 Public Health Department 905-688-3762 905-641-4994 (fax) Provincial MOE Spills Action Centre 1-800-268-6060 1-800-268-6061 (fax) Sean Roelofsen Safe Drinking Water Inspector (289) 241-4791 National Nuclear Emergency Preparedness and Response Division (613) 954-0794 Page 331 of 358 Page 470 of 640Page 332 of 355 Page 779 of 1092 Drinking Water Emergency Contact List MW -WWW-DWS-LM-014-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 2 of 2 DO NOT PHOTOCOPY Certified (as per Public Health) Water Haulers Smith’s Water Delivery Greg Smith: 3571 Campden Rd Lincoln ON 905-563-8975 905-658-7534 Chambers Water Service 825 Netherby Road, Welland, ON 905-732-3134 Emergency Water Testing Patti Mihaychuk & Fallon Butler – Niagara Analytical Laboratory Supervisors and Co-Owners (905) 374-5227 mail@nalabs.ca microlabs@nalabs.ca Railways Canadian National Railway Emergency Reporting 1-800-465-9239 Canadian Pacific Railway Emergency Reporting 1-800-716-9132 Page 332 of 358 Page 471 of 640Page 333 of 355 Page 780 of 1092 Drinking Water Critical Users List MW -WWW-DWS-LM-014-002 This document is CONTROLLED unless otherwise noted. Page 1 of 2 DO NOT PHOTOCOPY Rev 18 Updated September 2022 File path: s:/Enviromental Services/Administration/Water Service Interruption /MW-WWW-DWS-LM-014-002 – Critical Users List – rev18.doc Drinking Water Critical Users List Name Address Phone Number SUPER 8 MOTEL 4009 River Road 905-356-0131 RIVER ROAD RETIREMENT RESIDENCE 4067 River Road 905-374-2027 RAMADA INN 4357 River Road 905-358-5555 CANADIAN SPECIALTY CASTING 4248 Broughton Avenue (PAULINE KESSLER) 905-356-2655 EXT 224 POST FOODS CANADA COORPORATION 5651 Lewis Avenue Chris Auld 905-650-6818 chris.auld@postholdings.com 905-374-7111-general line Mrs. Armenti 6856 Stokes Street 905-354-1794 WILLOUGHBY MANOR 3584 Bridgewater Street 905-295-6288 Mr. Martino (Water Filter) 5794 Desson Avenue (Spring & Desson) 905-356-2524 Mr. Bruscetti (Water Filter) 7361 Sandy Court 905-374-7726 RAMADA 6045 Stanley Avenue 905-374-4142 Anito ext. 260 FOUR POINTS BY SHERATON 6455 Fallsview Boulevard 905-357-5200 ext. 6228 Frank Michtisch TRAVEL LODGE 5599 River Road 905-354-2727 ext. 508 Scott Domenic Calabrese (RO Filter) 6807 Cherryhill Drive 905-358-8719 FOOD ROLL SALES NIAGARA LTD. 8464 Earl Thomas Avenue 905-358-5747 ext. 237 Michelle MacKinnon (Dialysis) 2032 Portage Road 905-353-1979 Mrs. Borowitz 4479 Pettit Avenue 905-358-9141 Page 333 of 358 Page 472 of 640Page 334 of 355 Page 781 of 1092 Drinking Water Critical Users List MW -WWW-DWS-LM-014-002 This document is CONTROLLED unless otherwise noted. Page 2 of 2 DO NOT PHOTOCOPY Rev 18 Updated September 2022 File path: s:/Enviromental Services/Administration/Water Service Interruption /MW-WWW-DWS-LM-014-002 – Critical Users List – rev18.doc Addolorato Taddeo (Dialysis) 6960 Whitman Avenue (if possible, please schedule work for Thursdays in this area – but still notify). MUST CALL WHEN WORKING WITHIN AND INCLUDING THE ROADS DUNN, DORCHESTER, MCLEOD AND DRUMMOND. 905-356-0007 Southminster United Church 6801 Hagar Avenue 905-356-7337 Liz Grice NIAGARA HEALTH SYSTEM KIDNEY CARE /DIALYSIS CENTRE 4342 Queen Street 905-378-4647 ext. 46119 Or 905-371-1531 Mr. Darren K. Angyal (Dialysis) 6385 Franklin Avenue 905-650-1896 Marianne Voogt (Filtration System) 4250 Fernwood Crescent 905-931-4953 HOSPITAL (Call Maintenance Department) 5546 Portage Road 905-378-4647 ext. 52612 (Steve) SALVATION ARMY EVENTIDE NURSING HOME 5050 Jepson Street 905-356-1221 Tony Zappitelli (Water Softener and Filtration System 5678 Dorchester Road 905-380-5774 Best Western/Cairn Croft Hotel 6400 Lundy’s Lane Steve Doucette 905-356-1162 ext. 612 steve@cairncroft.com Robert Hitchcock (hemodialysis) 5006 Morrison St. (289) 990-0986 Page 334 of 358 Page 473 of 640Page 335 of 355 Page 782 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 1 of 13 DO NOT PHOTOCOPY City of Niagara Falls Emergency Drinking Water Provision Consideration/Guideline The City of Niagara Falls Emergency Drinking Water Provision Guideline will aid in developing a standard response and procedure to a prolonged localized (affecting portions of the Niagara Falls Distribution System only) drinking water interruption. Components of this guideline will be linked to the Niagara Region Emergency Drinking Water Provision Plan, which would take effect during a prolonged extensive (affecting the majority or all of the City’s distribution system) water disruption. This Guideline is to be followed if a disruption creates a water absence for greater than 24 hours. The response scenario to be followed will be chosen by Water & Wastewater Services Management and Supervisor staff based on the nature of the water interruption. Considerations in developing and enacting this plan include but are not limited to: Determining specific affected area Determining best scenario to follow given the affected area Ensuring critical water users are given priority (this is to be the instance for ALL water provision scenarios) Determining if temporary water lines are feasible Determining distribution means (door to door or distribution location) Providing notification on City’s website regarding water distribution. o Developing script for communications Ensuring distribution station has pre-developed traffic plan Ensuring distribution station has adequate staff Securing purchase location (data from Niagara Region Emergency Drinking Water Provision Plan) for bottled water and bulk water haulers Developing a plan in conjunction with City facilities to provide shower provisions for residents affected Providing updates regarding the water disruption to the City website at consistent intervals Scenario 1: Home Water Delivery This scenario to take effect if the residents without water are fewer than 200 in households, or if those affected likely will not have the abiilty to travel to a distribution point (i.e. seniors buildings etc.). The City of Niagara Falls to acquire water from local store (i.e. Walmart) to aim at providing a minimum of one case of water (or its equivalent of 12 L) per affected household for every 2 days without service. A rough estimate of number of households requiring water deliveries to be obtained using the City’s GIS mapping application. Water & Wastewater Services staff to pick up water (in van an pick up trucks) and distribute at each door within the affected area. If hightly populated apartment buildings/condos are affected, Water & Wastewater Services staff or Clerks should attempt to contact landlords or superintendants of these buildings to determine if a central pick up location for tenants is preferred (i.e. lobby area). Clerks taking calls at the Service Centre regarding water deliveries to keep track of all requests (even if on the list to receive water) to provide to the Water & Wastewater Services Division. Page 335 of 358 Page 474 of 640Page 336 of 355 Page 783 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 2 of 13 DO NOT PHOTOCOPY The area affected by the water disruption will be posted on the Citys website, as well as the door to door water distriubtion plan. If the disruption exceeds 48 hours, affected residents will be advised (via website notification – see Communication Scripts below) that shower facilities are available at the Gale Centre from 8:30 am to 2:00 pm Monday through to and including Thursday. If the water shortage is affecting more individuals than this location and shower time frame can facilitate, extended times at this location and or additional locations (i.e. Chippawa Willoughby Memorial Arena) may be arranged by contacting Rob McDonald, Manager of Recreation & Customer Service Recreation & Culture: 905-356-7521 ext. 3340. Rob McDonald should also be contacted prior to any website notifcation regarding water disruption updates and shower provisions. Scenario 2: Bulk Water Truck Provisions In the instance of an isolated disruption to one building or any horizontal multi-residential complex (i.e. townhome community) with one service feeding several units, a high capacity water hauler may be used to directly supply residents with water. Smiths Water Delivery (Campden Road, Campden, Ontario, Tel 905.563.8975) is likely the only company that could provide such a service due to its 5200 + 1400 gal capacity truck that is able to provide water at 60 psi to buildings up to 6 stories. Other water haulers (for smaller scale requirements) and their associated costs can be found in the Niagara Region documents “Water and Waste Water Emergency Contact List” and the “Emergency Drinking Water Provision Plan” and The City of Niagara Falls Emergency “Water Haulers with 2018 Pricing” document (S:\Water & Wastewater Services\Emergency Planning) respectively. If this scenario is to be enacted, residents to whom the hauler is supplying water to should be provided “Water Conservation Localized” MW-WWW-DWS-FRM-014-004 forms to ensure they are aware of the alternate source and are restricting their water use. Scenario 3: Temporary Water Lines If feasable, temorary water lines may be required in the following instances: 1. Frozen services which are sporadic throughout the distribution system. “Tie over” lines may be installed from one resident’s service to another to provide a temporary water line. The service from which the water is being utilized will require a billing adjustment and therefore records of these addresses must be maintained to ensure this extra water usage is not captured monetarily. 2. An isolated disruption to one building or any horizontal multi-residential complex (i.e. townhome community) with one service feeding several units. A ¾” tie over pipe may be utilized to provide water to the affected residents. If available, this would be fed from the watermain (fire hydrant), and a back flow prevention device would be installed at the connection to the service. If possible, samples (minimum chlorine residual) would be taken prior to connection of this tie over. If this scenario section 2. is to be enacted, residents to whom the temporary water line is supplying water to should be provided “Water Conservation Localized” MW-WWW-DWS-FRM-014-004 forms to ensure they are aware of the alternate source and are restricting their water use. Page 336 of 358 Page 475 of 640Page 337 of 355 Page 784 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 3 of 13 DO NOT PHOTOCOPY Scenario 4: Water Distribution Centres Water distribution centres would be required in the following instances: 1. The Niagara Reigon Emergency Drinking Water Provision Plan has been activated due to a large scale water disruption (i.e. Water Treatment Plant cannot produce drinking water, low pressure in distribution system, vast and prolonged power outage creating a water loss, extreme weather causing water loss etc.). 2. The Water & Wastewater Services Division determines that the water interuption, however localized, affects too great a number of residents, and door to door deliveries would not be feasible. If this scenario was to be enacted, door to door deliveries may also be required for those that cite they are unable to attend a distribution centre (due to travel or physical limitations). The distribution centre location would be determined by Water & Wastewater Servcies staff during the initial stages of the potentially extended water disruption, based on but not limitied to the following considerations: Proximity to the water disruption Estimated number of residents who will be accessing the distribution centre Expected duration of the water disruption Availability of the distribution centre (i.e. to avoid if facilty is being utilized for a hockey tournament, fundraiser, event etc.) Once the distriubiton centre is confirmed for the specific water disruption, and their representative advised (see Potential Distribution Locations: Contacts below), obtaining water would be the next step. Staff could commence purchasing from local stores (i.e. Walmart) and if the estimated volume of water required for the specific disruption is going to surpass the stock at the local store, to refer to Annex D (Water Supplier Contact Information) of the Niagara Region Emergency Drinking Water Provision Plan and determine which supplier is best suited to the volume requirements. In the instance that Niagara Region has initialted their Emergency Drinking Water Provision Plan, the supply of water would be facilitated by the Niagara Region. In this instance, however, it would be the responsibiltiy of the City of Niagara Falls to determine and adequately staff the chosen distriubtion location(s). Distribution locations should be staffed with individuals able to aid in carrying water to the vehicles of residents, adequate traffic control persons (ensuring signage is visible and in correct locations – i.e. “Water Distribution Location” large signs as well as any directional traffic signs required), and administrative staff to document residents names and or addresses {taken from their drivers licences or another form of vaild identification} for whom the water is intended. Administrative staff should be aware of the water disruption boundaries to ensure those indivuduals or thieir proxy are from the affected area. In this scenario, as for scenario 1, if the water disruption exceeds 48 hours, affected residents will be advised (via website notification – see Communication Scripts below) that shower facilities are available at the Gale Centre from 8:30 am to 2:00 pm Monday through to and including Thursday. If the water shortage is affecting more individuals than this location and shower time frame can facilitate, extended times at this location and or additional locations (i.e. Chippawa Willoughby Memorial Arena) may be arranged by contacting Rob McDonald, Manager of Recreation & Customer Service Recreation & Culture: 905-356-7521 Page 337 of 358 Page 476 of 640Page 338 of 355 Page 785 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 4 of 13 DO NOT PHOTOCOPY ext. 3340. Rob McDonald should also be contacted prior to any website notifcation regarding water disruption updates and shower provisions. Potential Distribution Locations: MacBain Centre: 7150 Montrose Road, L2H 3N3 o Contact: Kathy Moldenhauer 905-356-7521 ext. 3348 Gale Centre: 5152 Thorold Stone Road, L2E 0A2 o Contact: Rob McDonald 905-356-7521 ext. 3340 Service Centre: 3200 Stanley Avenue, L2E 6S4 o Contact: Shift Foreman 905-356-1355 Niagara Transit Building: 8208 Heartland Forest Road, L2H 0L7 o Contact: Carla Stout 905-356-7521 ext. 4531 Chippawa Willoughby Memorial Arena: 9000 Sodom Road, L2E 6S6 o Contact: Rob McDonald 905-356-7521 ext. 3340 Niagara Falls Farmers Market/Museum/Cultural Hub: 5943 Sylvia Place, L2G 1S9 o Contact: Clark Bernat 905-356-7521 ext. 5906 Firemen’s Park: 2275 Dorchester Road, L2E 6S4 o Contact: Scott Pellow 905-357-3632 parkbookings@scvfa.ca Page 338 of 358 Page 477 of 640Page 339 of 355 Page 786 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 5 of 13 DO NOT PHOTOCOPY Distribution Locations Details Page 339 of 358 Page 478 of 640Page 340 of 355 Page 787 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 6 of 13 DO NOT PHOTOCOPY MacBain Centre: Water can be stored in and distributed from the front lobby area. Page 340 of 358 Page 479 of 640Page 341 of 355 Page 788 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 7 of 13 DO NOT PHOTOCOPY Gale Centre: Water can be stored in and distributed from the Memorial Room. Page 341 of 358 Page 480 of 640Page 342 of 355 Page 789 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 8 of 13 DO NOT PHOTOCOPY Service Centre: Water can be stored in and distributed from the front Lobby area. Page 342 of 358 Page 481 of 640Page 343 of 355 Page 790 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 9 of 13 DO NOT PHOTOCOPY Niagara Transit Building: Water can be stored in and distributed from the north bay door. Page 343 of 358 Page 482 of 640Page 344 of 355 Page 791 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 10 of 13 DO NOT PHOTOCOPY Chippawa Willoughby Memorial Arena: Water can be stored in and distributed from the buildings main entrance door. Page 344 of 358 Page 483 of 640Page 345 of 355 Page 792 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 11 of 13 DO NOT PHOTOCOPY Niagara Falls Farmers Market/Cultural Hub: Water can be stored in the museum (if required) as well as stored in and distributed from the Market building. Page 345 of 358 Page 484 of 640Page 346 of 355 Page 793 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 12 of 13 DO NOT PHOTOCOPY Firemen’s Park: Water can be stored in and distributed from the main building (Stamford Centre Volunteer Firemen’s Association: Firemen’s Park Hall) Page 346 of 358 Page 485 of 640Page 347 of 355 Page 794 of 1092 Emergency Drinking Water Provision Guideline MW-WWW-DWS-PRO-014-002 This document is CONTROLLED unless otherwise noted. Rev 2 Page 13 of 13 DO NOT PHOTOCOPY Communication Script Home Water Delivery Due to a watermain break/frozen infrastructure, properties within the #street, #street, #street and # street boundaries OR properties at the following addresses________________________ are currently experiencing a temporary water loss. The expected duration of this interruption is _________. City of Niagara Falls staff will be delivering bottled water to each home/unit affected by this disruption. If you are not at home at the time of the delivery, water will be left in a visible and accessible location at your home. Please continue to visit the City’s website for updates regarding this water interruption, and potential public buildings that may be opened to pubic for showering purposes. The City appreciates your patience and understanding. Should you have any questions or concerns, please contact the City of Niagara Falls Service Centre at 905- 356-1355. Water Distribution Centres Due to a temporary loss of drinking water supply, which was caused by ______________________________, residents of properties within the #street, #street, #street and # street boundaries are able to attend ________________________ (Distribution Location) between 8 am and 8 pm on __________________ (dates) to obtain bottled water for drinking/cooking purposes. Residents are asked to please bring a valid form of identification or mail to the water distribution location which indicates your home address, to confirm you reside in the affected area. The expected duration of this interruption is ____________hours. If you are unable to attend this distribution location due to physical limitations, please contact the Niagara Falls Service Centre at 905-356- 1355 to advise. Please continue to visit the City’s website for updates regarding this water interruption, and potential public buildings which may be opened to pubic for showering purposes. The City appreciates your patience and understanding. Questions or concerns may be directed to the City of Niagara Falls Service Centre at 905-356-1355. Update/Follow-Up Scripts Please be advised that the water disruption affecting residents with the #street, #street, #street and #street boundaries OR at the following addresses____________________ is ongoing. The updated estimated duration of this interruption is _________________________ hours/days. Residents affected by this disruption, if inclined, are able to attend the Gale Centre at 5152 Thorold Stone Road to utilize the shower facilities. Showers will be available to residents between the hours of 8:30 am and 2:00 pm Monday to Thursday. Your continued patience is appreciated. Should you have any questions or concerns, please contact the City of Niagara Falls Service Centre at 905- 356-1355. Page 347 of 358 Page 486 of 640Page 348 of 355 Page 795 of 1092 Watermain Break Repair MW-WWW-DWS-SOP-011-001 This document is CONTROLLED unless otherwise noted. Rev 11 Page 1 of 5 DO NOT PHOTOCOPY 1.0 PURPOSE To repair a broken water main, avoid further damage to property by water escaping from ruptured main and restore normal conditions within the distribution system. 2.0 SCOPE This procedure applies to all Water & Wastewater Services staff associated with the task of Watermain Break Repair. 3.0 DEFINITIONS Special Case Contamination Evident or suspected contamination of sewage or chemicals (for example petroleum products, liquids of abnormal colour, odor etc.) in the water distribution system 4.0 RESPONSIBILITIES Backhoe Operator Operate backhoe with attachments Assists crew in the manual repair and maintenance of, and installations to, the City’s infrastructure. Assist with set up/ clean up of job site and traffic control. Checks all digs for utility lines and assists with shoring protection. Cleans disinfects and undertakes preventative maintenance and minor repairs to backhoe. Lead Hand Directs crew activities in emergency situations in the absence of a Supervisor. Submits records and drawings indicating the type of maintenance and or repairs. Responsible for proper set up of required traffic control at work sites to ensure public and worker safety according to City traffic plans, Ministry of Labour and Ministry of Transportation. Responsible for ensuring Ministry of the Environment guidelines are followed by all employees on the job site. Using locating equipment locate and mark as needed watermains, valves, water services, sewer laterals and any other municipally owned infrastructure. **NOTE the duty of locating can also be done by the Divisions Locates Title: Watermain Break Repair Document #: MW-WWW-DWS-SOP-011-001 Created by: Jessica Blanchard Status of Document: Final Approved by: Mike Pullano Issue/ Revision Date: June 2022 Start of Next Review Period: As Needed Revision #: 11 No. of Pages: 5 Page 348 of 358 Page 487 of 640Page 349 of 355 Page 796 of 1092 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2022 Annual Drinking Water Report Page 1 of 5 OPTIONAL ANNUAL REPORT TEMPLATE Drinking-Water System Number: 260002304 Drinking-Water System Name: City of Niagara Falls Distribution System Drinking-Water System Owner: The Corporation of the City of Niagara Falls Drinking-Water System Category: Large Municipal Period being reported: Jan 1, 2022 – Dec 31, 2022 Complete if your Category is Large Municipal Residential or Small Municipal Residential Does your Drinking-Water System serve more than 10,000 people? Yes [X] No [ ] Is your annual report available to the public at no charge on a web site on the Internet? Yes [X] No [ ] Location where Summary Report required under O. Reg. 170/03 Schedule 22 will be available for inspection. Complete for all other Categories. Number of Designated Facilities served: Did you provide a copy of your annual report to all Designated Facilities you serve? Yes [ ] No [ ] Number of Interested Authorities you report to: Did you provide a copy of your annual report to all Interested Authorities you report to for each Designated Facility? Yes [ ] No [ ] Note: For the following tables below, additional rows or columns may be added or an appendix may be attached to the report List all Drinking-Water Systems (if any), which receive all of their drinking water from your system: Drinking Water System Name Drinking Water System Number Port Robinson 260049582 Bevan Heights Drinking Water System 260062452 Did you provide a copy of your annual report to all Drinking-Water System owners that are connected to you and to whom you provide all of its drinking water? Yes [X] No [ ] 3200 Stanley Ave Niagara Falls, Ontario L2E 6S4 Phone: 905-356-7521 Fax: 905-353-8612 Page 350 of 355 Page 797 of 1092 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2022 Annual Drinking Water Report Page 2 of 5 Indicate how you notified system users that your annual report is available, and is free of charge. [X] Public access/notice via the web [X] Public access/notice via Government Office [ ] Public access/notice via a newspaper [X] Public access/notice via Public Request [ ] Public access/notice via a Public Library [X] Public access/notice via other method Ad placed in newspaper same time as annual hydrant flushing notification Describe your Drinking-Water System The City of Niagara Falls purchases treated water from the Regional Municipality of Niagara. Surface water from Lake Erie is at the Region’s Niagara Falls Treatment Plant. Treatment consists of pre-chlorinated, conventional screening, coagulation, flocculation and settling followed by filtration, UV treatment and post chlorination. Treated water is distributed by the City of Niagara Falls through approximately 485 km of watermains ranging in size from 25mm to 600mm. Niagara Falls is connected to the Niagara-on-the-Lake distribution system via a 300mm watermain, located on Mewburn Rd, and the entrance to Bevan Heights . List all water treatment chemicals used over this reporting period N/A Were any significant expenses incurred to? [ ] Install required equipment [ ] Repair required equipment [X] Replace required equipment Please provide a brief description and a breakdown of monetary expenses incurred In 2021, approximately 6.97 km of watermain was installed at a cost of approximately $9,601,370.43 Provide details on the notices submitted in accordance with subsection 18(1) of the Safe Drinking-Water Act or section 16-4 of Schedule 16 of O.Reg.170/03 and reported to Spills Action Centre Incident Date Parameter Result Unit of Measure Corrective Action Corrective Action Date 03/09/2022 Lead 0.0328 mg/L Recommend resident replace lead service, (they did) & Re-sample of distribution system (achieved acceptable results) 04/06/2022 Page 351 of 355 Page 798 of 1092 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2022 Annual Drinking Water Report Page 3 of 5 07/21/2022 Chlorine 0.00 mg/L Flush and resample 07/22/2022 09/14/2022 Lead 0.0490 mg/L Recommend resident replace lead service, (they chose not to) & Re-sample of distribution system (achieved acceptable results) 09/27/2022 Microbiological testing done under the Schedule 10, 11 or 12 of Regulation 170/03, during this reporting period. Number of Samples Range of E.Coli Or Fecal Results (min #)-(max #) Range of Total Coliform Results (min #)-(max #) Number of HPC Samples Range of HPC Results (min #)-(max #) Raw Treated Distribution 1296 0 0 1296 0 - 227 Operational testing done under Schedule 7, 8 or 9 of Regulation 170/03 during the period covered by this Annual Report. Number of Grab Samples Range of Results (min #)-(max #) Turbidity Chlorine 1506 0.10 -1.32 Fluoride (If the DWS provides fluoridation) NOTE: Record the unit of measure if it is not milligrams per litre. Summary of additional testing and sampling carried out in accordance with the requirement of an approval, order or other legal instrument. Date of legal instrument issued Parameter Date Sampled Result Unit of Measure N/A N/A N/A N/A N/A Summary of Inorganic parameters tested during this reporting period or the most recent sample results NOTE: For continuous monitors use 8760 as the number of samples. Page 352 of 355 Page 799 of 1092 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2022 Annual Drinking Water Report Page 4 of 5 Parameter Sample Date Result Value Unit of Measure Exceedance Antimony Arsenic Barium Boron Cadmium Chromium *Lead Mercury Selenium Sodium Uranium Fluoride Nitrite *only for drinking water systems testing under Schedule 15.2; this includes large municipal non- residential systems, small municipal non-residential systems, non-municipal seasonal residential systems, large non-municipal non-residential systems, and small non-municipal non-residential systems Summary of lead testing under Schedule 15.1 during this reporting period (applicable to the following drinking water systems; large municipal residential systems, small municipal residential systems, and non-municipal year-round residential systems) Location Type Number of Samples Range of Lead Results (min#) – (max #) Number of Exceedances Plumbing 31 0.00003 – 0.13000 mg/L 3 Distribution 16 0.00002 – 0.04900 mg/L 2 Summary of Organic parameters sampled during this reporting period or the most recent sample results Parameter Sample Date Result Value Unit of Measure Exceedance Alachlor Aldicarb Aldrin + Dieldrin Atrazine + N-dealkylated metobolites Azinphos-methyl Bendiocarb Benzene Benzo(a)pyrene Bromoxynil Carbaryl Carbofuran Carbon Tetrachloride Chlordane (Total) Page 353 of 355 Page 800 of 1092 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2022 Annual Drinking Water Report Page 5 of 5 Chlorpyrifos Cyanazine Diazinon Dicamba 1,2-Dichlorobenzene 1,4-Dichlorobenzene Dichlorodiphenyltrichloroethane (DDT) + metabolites 1,2-Dichloroethane 1,1-Dichloroethylene (vinylidene chloride) Dichloromethane 2-4 Dichlorophenol 2,4-Dichlorophenoxy acetic acid (2,4-D) Diclofop-methyl Dimethoate Dinoseb Diquat Diuron Glyphosate HAA (NOTE: showing latest annual average) Jan 2022 - Dec 2022 5.53 μg/L 0 Heptachlor + Heptachlor Epoxide Lindane (Total) Malathion Methoxychlor Metolachlor Metribuzin Monochlorobenzene Paraquat Parathion Pentachlorophenol Phorate Picloram Polychlorinated Biphenyls(PCB) Prometryne Simazine THM (NOTE: showing latest annual average) Jan 2022 - Dec 2022 32.75 μg/L 0 Temephos Terbufos Tetrachloroethylene 2,3,4,6-Tetrachlorophenol Triallate Trichloroethylene Page 354 of 355 Page 801 of 1092 Drinking-Water Systems Regulation O. Reg. 170/03 City of Niagara Falls 2022 Annual Drinking Water Report Page 6 of 5 2,4,6-Trichlorophenol 2,4,5-Trichlorophenoxy acetic acid (2,4,5-T) Trifluralin Vinyl Chloride List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed in Schedule 2 of Ontario Drinking Water Quality Standards. Parameter Result Value Unit of Measure Date of Sample Page 355 of 355 Page 802 of 1092 R&C-2023-02 Report Report to: Mayor and Council Date: March 21, 2023 Title: 2022 Annual Update from the Public Art Advisory Task Force Recommendation(s) For the information of Council. Executive Summary City Council is the steward of the City’s public art and as such, holds it in trust for the citizens of the City of Niagara Falls. Council will maintain and develop the public art collection in keeping with the vision statement and goals of the Public Art Policy. Council designates the custody of public art to the Recreation & Culture Department. The management of public art will be the responsibility of City of Niagara Falls staff with the assistance of the Public Art Advisory Task Force (PAATF) who will: 1.Ensure the development of a collection management system, with documentation standards and procedures modelled on museum practices and with an ongoing system of maintenance and inspection. 2.Develop, maintain and promote the art collection and oversee the provision of fiscal resources for this purpose. 3.Preserve the physical integrity and security of the art collection and the provision of adequate facilities and resources for its long term care. 4.Arrange for the installation and placement of public art in public spaces. 5.Facilitate programming and public education opportunities related to the art collection’s use and promotion. This report highlights to Council the work of the Committee, with an update on submissions to the PAATF in 2022. Background Public Art is defined as physical works of art and cultural property installed in the public realm. These works of art can be temporary or permanent, and may be installed within Page 1 of 5 Page 803 of 1092 buildings, or outdoors on public lands. This document provides a vision, purpose and goals for the City’s relationship with all public art, while specifically addressing management guidelines and policy for the public art that currently exists. Visually beautiful cities stimulate a sense of pride and commitment. Through its Public Art Policy, the City of Niagara Falls strives to create vibrant public spaces that reflect the diversity of our community and engage its residents and visitors with quality works of public art. There are currently 91 works in the public art collection. The City of Niagara Falls seeks to encourage all those who care about the community to participate in making art, collecting it and commissioning it. The goals of Public Art will be to; 1. Provide access to art in public places for all of Niagara Falls citizens. 2. Enhance Niagara Falls’ desirability as a community by creating appealing environments in which to live, work and play. 3. Honour, preserve and encourage our cultural heritage and artistic diversity. 4. Promote civic identity through awareness and preservation of the community’s history, cultures and living arts. 5. Support effective urban planning, economic development and cultural tourism opportunities. All public art projects and acquisitions will be assessed and developed according to the above goals. No approval is required from Council as the authority to accept the art is delegated to the Committee. The following works were submitted for consideration by the PAATF: Applications Recommended for acquisition Title: Dr. Henry Girdlestone Acres (storyboard) Category: Commemorative Element Date Submitted: February 5, 2022 (application submitted by Zak Erzinclioglu) Date Reviewed: March 21, 2022 Recommended for repair Page 2 of 5 Page 804 of 1092 The Task Force recommended that Castaway Foundry be hired to repair the damaged Ralph Sketch sculpture, entitled Holding the High Ground, which was stolen (and then recovered) from Drummond Hill Cemetery. Items accepted to the collection will be displayed in various locations within city facilities. To see the complete collection and the ir locations, visit the public database. Analysis The works were considered by the PAATF based on the criteria established in the Public Art Policy. Operational Implications and Risk Analysis The works accepted into the collection do have spatial storage needs. Currently, all items in the public art collection reside on City property, including offices and public outdoor spaces. Staff is required to ensure proper paperwork and documentation is followed to ensure transfer of ownership and long-term understanding of the collection. Works in the collection do require ongoing monitoring and maintenance when necessary. Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Through public art, the City can stimulate a sense of pride and commitment from residents and visitors to the City of Niagara Falls. Contributor(s) Suzanne Moase List of Attachments AcresPathPlaque_outlined_Rev1 CNF_HenryAcresPathway_01 Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 10 Mar 2023 Jason Burgess, CAO Approved - 13 Mar 2023 Page 3 of 5 Page 805 of 1092 Z.§a.fu_w) .Q.D Q-4?.LQ»QQ.-Q1-Q 1.1 Q ...-...M“' “___ "L Page 4 of 5Page 806 of 1092 Page 5 of 5 Page 807 of 1092 R&C-2023-03 Report Report to: Mayor and Council Date: March 21, 2023 Title: 2022 Annual Update from the Culture Section Recommendation(s) THAT Council receive report R&C 2023-03 for information. Executive Summary The Culture Section of the Recreation & Culture Department is responsible for three municipally operated Museums, the Farmers’ Market and Cultural initiatives throughout the City. The Culture Section works with the Niagara Falls Culture Committee to deliver additional events, grant programmes and awards to the cultural community. This report is a summary of the actions of the section in 2022 and it is required by some of our funding bodies that such reports are submitted to Council. Staff of the Culture Section have put together annual reviews for many years and have provided these to council for information purposes in the past. This report provides Council with an update on some of the work completed by the Culture Section in 2022. Background Annually, Culture staff meet to pull together a summary of previous activities. This provides perspective on what has occurred and also provides direction on what is to come. This summary is a result of that meeting and the work of the Cultural team. Analysis This meets the requirements of provincial funding bodies to ensure that Council is aware of the work of the Culture Division. Financial Implications/Budget Impact There are no current financial, staffing or legal implications with this report. Page 1 of 25 Page 808 of 1092 Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Through culture, the City can stimulate a sense of pride and commitment from residents and visitors to the City of Niagara Falls. List of Attachments 2022 Annual Report - Culture & Museums Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 10 Mar 2023 Jason Burgess, CAO Approved - 13 Mar 2023 Page 2 of 25 Page 809 of 1092 Page 3 of 25 Page 810 of 1092 MUSEUMSPage 4 of 25 Page 811 of 1092 Wayne Moore with community participants in for the "Lend a Hand" Community Art Project The 2022 season started with a Museum shut down, with some staff redeployed to work with Niagara Regional Public Health. Other staff remained, with a delay to the opening of the Exhibition schedule and, unfortunately, a cancellation of Family Day onsite. However, quickly in March, we hosted Scoop McCoy and had lots of family fun set up for March Break. The programming schedule continued into the spring and summer with lots of returning programmes like the annual Film Series. New additions included the Queen's Jubilee Tea, a large Canada Day celebration, and a successful fundraiser for Ukraine in the summer. Page 5 of 25 Page 812 of 1092 A REVIEW We hosted PD Day activities, March Break, a family city-wide scavenger hunt, Canada Day, and our Community Art Project; providing fun for all ages at the Museum and in the community. We again hosted a virtual session with Rick Hill for Truth and Reconciliation Day, which lives on our YouTube Channel. We welcomed Dr. Williams for the first time to provide her perspective on historical and contemporary events. Kimberly White- Atkins hosted a basket-weaving workshop for National Indigenous Peoples Day. A few new unique events brought people together to eat, drink and learn. The team hosted a Queen's Jubilee Tea, complete with horses out front of the Museum and a talk on the Queen's fashion by Norma Shephard. Indigenous Programmes Social events Family Programmes Page 6 of 25 Page 813 of 1092 The City looked to the Museum to play a more significant part in Canada Day in 2022. We had a great day with music, entertainment and family fun around the Museum, with over 900 attendees It was great to have Night of Art back around the Museum. The event saw increased artist participation, more food trucks and the closure of Sylvia Place. Approximately 1500 attendees took in the event at the Museum, on the Street and in area businesses.. The staff and volunteers continued to provide October tours of the cemetery that entertainingly blended history and theatre. This year we added an Indigenous component to the tour as we attempt to tell more diverse stories about our community in an inclusive. Night of Art Cemetery Tours Canada Day Page 7 of 25 Page 814 of 1092 The Museum team wove together a collection of Niagara Falls stories; this exhibition celebrated the diversity of women's roles within the labour force. It highlighted not only the success of women in traditional roles, like teaching and nursing, but also showcased the vital contributions carved out by female leaders in our community as artists, broadcasters, activists, historians, managers, and politicians. Page 8 of 25 Page 815 of 1092 Utley Clock 2 0 2 2 .0 2 5 .1 2 0 2 2 .0 3 0 .1 7 2 0 2 2 .0 1 5 .1 Photograph of Norton Factory 1700s Painting of a Tavern Scene So much is happening in this great aerial view of Chippawa. It is part of a collection of items related to the Norton Factory, Weaver Family, Bossert Gamily and many other aspects of the City. Donated by Connie Seibel. Horace Utley operated a clockworks at Cedar Island (Dufferin Island) between 1824- 1835. The clock was donated by Gail Woodruff. This typical tavern scene from the 1700s reflects a typical pub scene and was immediately added to the exhibition at the Battle Ground Hotel. THE COLLECTION THERE WERE OVER 20 DIFFERENT COLLECTIONS DONATED TO THE MUSEUMS IN 2022. THESE ARE A FEW OF THE HIGHLIGHTS. ALL DONATIONS CAN BE VIEWED ON OUR ONLINE DATABASE Page 9 of 25 Page 816 of 1092 A FEW MORE NEW ACQUISITIONS Clockwise from top left:: Colour print of "Les Chutes du Niagara" by H. Sebron, 1852 Interior of Thorburns Pharmacy Fez from Gamma Sigma fraternity 1957 Stamford Dog Tag Interior photo of workers at Beck #1 from the collection of Walter Beament Page 10 of 25 Page 817 of 1092 CULTUREPage 11 of 25 Page 818 of 1092 Section of the Mural by Dan Kozina on Sylvia Place that was completed as a Cultural Development Fund Project. New piano created by Miguel Albino that will live at the Exchange Page 12 of 25 Page 819 of 1092 Paint nights, Indigenous Basket making and more offerings were provided to the community in 2022. The Public Art Advisory Task Force approved a new plaque along the Millenium trail to highlight this local enginners' work on the Hydro Cooridor. The Culture team produced two pieces of digital work. One was created by Dillon Douglas amd Hernan Ramos Ortega. The other by Jacob Headly. These two works, are located on the Exchange and will be a great focus point on the facility. Acres Plaque Digital Art Installations Art Programming Page 13 of 25 Page 820 of 1092 PASSIONE: MARIA VETERE IN CONCERT Internationally acclaimed soprano, and Niagara local, Maria Vetere will bring operatic passion, fire, and sensuality to Niagara in an unprecedented aural and visual extravaganza, showcasing the power of the human voice unplugged SUMMER SHOW The musical "13" is a summer theatre production, with primarily younger teenagers as cast. NIAGARA MUSIC & FOOD EXPO An Exposition themed event where food, culture, and music are the focus. NIAGARA FALLS FAMILY PRIDE DAY The Niagara Falls Family Pride Day is an opportunity to celebrate the diversity that our community has to offer and unite local businesses and youth and parents of LGBTQ2S+ families. Community support groups and services for LGBTQ2S+ will be available to provide information and resources to support LGBTQ2RS+ families and allies. Page 14 of 25 Page 821 of 1092 THE BEST MEDICINE To promote local comedians and artists, through two separate events and venues, while simultaneously bringing awareness to local mental health resources and to both utilize and give back to the Niagara artist community. DAWG POUND MURAL PROJECT Artists will paint a large mural on a building located on Ferry Street next to the Niagara History Museum. This mural will promote the art and culture of Niagara Falls, with historic and decorative elements adoring the large walls facing the Niagara History Museum. AWA NIAGARA FALLS FESTIVAL African Women Acting (AWA) Niagara Falls Festival is a two-day event featuring music, spoken-word, workshops, visual-arts exhibition by female artists. It will be enriched with displays by artisans, local businesses, and organizations. Page 15 of 25 Page 822 of 1092 LITCAB - NIAGARA'S LITERARY CABARET LitCab is a live public performance series featuring spoken word, music and storytelling by Niagara poets, authors and songwriters in an inclusive, cabaret setting. GHOSTS IN THESE WALLS The creation and performance of songs that pertain to mental health, facilitating accessible songwriting workshops for the community. BIPOC IMPROVISATIONAL THEATRE WORKSHOPS/SOCIAL SESSIONS Providing BIPOC residents of Niagara Falls with arts- based sessions for socializing and community-building through learning an artform that builds skills applicable outside of the classroom. ON A RAY OF SUNSHINE An audio poetry chapbook capturing the sonic experiences of a mother and her autistic son as they traverse their lives through Niagara Falls. Page 16 of 25 Page 823 of 1092 F A R M E R S ' M AR K E T Page 17 of 25 Page 824 of 1092 The 2022 was the last season that the Farmers' Market was located at MacBain Community Centre. The Market found a temporary home while the Exchange was under construction. It proved to be a suitable location that provided access to the vendors in a large portion of the City. The season saw over 21,000 people shopping onsite for locally sourced fruits, vegetables, prepared food, and much more. AROUND THEMARKET Page 18 of 25 Page 825 of 1092 Project Share was back onsite promoting their work and seeling baked goods. In 2022, the Market continued to welcome new vendors and community groups to participate. The Niagara Falls Public Library continued to have a space at the Market, offering access to their services such as the Summer Reading Programme, Herb Planters kits, and so much more. Other community groups highlighted food scarcity issues with Niagara Falls Soup Kitchen. Participating in several food drives onsite and our ongoing partnership with Project Share helped raise awareness and supply shoppers with some excellent locally sourced baked goods to take home. PART OF THECOMMUNITY Page 19 of 25 Page 826 of 1092 Along with community partnerships, the Market continued to make the place a hub of activity for those attending. Carousel Players were onsite promoting their children's theatre. African Women Acting got people moving with some dance and our continued musicians onsite, making it a lively place to be on a Saturday morning. Our volunteer team continued to offer kids activities, giveaways of vendor goods and putting together some hands-on activities such as a rock swap. A PLACE TO COME TOGETHER Page 20 of 25 Page 827 of 1092 THEEXCHANGEPage 21 of 25 Page 828 of 1092 P U B L I C A R T O N S I T E In 2022 the city secured three pieces of art to be added to the Exchange once complet. Nicholas Crombach was awared the commission to place "Flock" in the Historic Drummondveille Square facing Main Street. Dillon Douglas and Jacob Headley were selected for the first two pieces of digital art that will be placed on the outsides of the facility. Page 22 of 25 Page 829 of 1092 As of December 2022 the construction site was nearing completion. We are excited that the first round of studio rentals has been sold out, as the artist community is extremely excited to find a place that they can create together and be an important part of the community. The Culture team is working with local woodworkers and teachers to come up with programming and the membership programme. By the time the facility opens, it will be ready to accept members into the studio and start providing programmes for all ages and abilities. Lasttly, the Cafe is an important component of the centre. For programming, collaboration and so much more. The City team has been negotiating with a provider and we are excited to make an announcement in early 2023. The programming team, along with the artists onsite and several potential renters of the facility will have several great community events to allow for the collision of arts & culture in a unique venue. WHERE WE AREAT Page 23 of 25 Page 830 of 1092 THE CONSTRUCTION SITE Here are some views around the construction site from November and December 2022. Images courtsey of Garritano Bros Ltd Page 24 of 25 Page 831 of 1092 Donations to the Museums Financial Barbara Bigger Thomas Chunat Betty Cormier in memory of Bob Cormier Lundy’s Lane Historical Society In-kind Donors to our Ukraine Support Fundraiser Rosewood Winery Royal Conservertory of Music St. Mary's Church Diane Elizabeth Kusiak Cineplex Movie Theatre Commisso's Fine Food Barbeque & Fireplace Centre - St. Catharines Regal Florist & Garden Centre The Keg Steakhouse + Bar Ironwood Cider House Forrest Lane Design Neob Lavender Joseph's Estate Winery DoTerra - Essential Oils Donors to collection in 2022 Mary Bell Michael Bonk Joepy Brugman David Doss David Tetrault Susan Daniels Charles Davis Helen Galpin Randall Gamby Wesley and Rosalea Hardwick Cheryl Hecimovich Mary Houston David Jones Marie and Michel Lapointe Deborah Olsen Don Plato Jessica Ratte Larry Ritchie David Robinson Jules Saari Connie Seibel Lynda VanderZalm Gail Woodruff DONORS TO CULTURE & MUSEUMS2022 Donations to The Exchange & Culture Financial Niagara Concerts In-kind Royal Linens Government Support Province of Ontario Government of Canada Page 25 of 25 Page 832 of 1092 1 Heather Ruzylo Subject:Children's Mental Health Awareness Week - Flag Raising From: Jacklyn Thomson <JThomson@Pathstone.ca> Sent: Friday, March 3, 2023 10:51 AM To: Heather Phillips <hphillips@niagarafalls.ca> Cc: Christine Harvey <CHarvey@Pathstone.ca> Subject: [EXTERNAL]-Children's Mental Health Awareness Week - Flag Raising Good morning, Heather: I hope this email finds you well! This year Children’s Mental Health Awareness Week will run from May 1 – 7, 2023. I am reaching out to you today to ask if, once again, the City of Niagara Falls would support the celebration of the week and bring awareness to children’s mental health, especially with their post-pandemic struggles, by raising the CMHAW flag for the week. In previous years the flag has typically been raised on the Monday and flies for the duration of the week. The consideration and support of the City of Niagara Falls would once again be very much appreciated. If you have any questions please don’t hesitate to reach out to me. Thank you, Heather. Enjoy your day! Warmest regards, Jacklyn Thomson Executive Assistant Pathstone Mental Health is proud to be the lead agency for children's mental health in Niagara. 1338 Fourth Ave., The Branscombe Centre St. Catharines, ON, L2S 0G1 o. 905.688-6850 x197 www.pathstonementalhealth.ca Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Avis de confidentialité: Les informations contenues à l'intérieur de ce courriel, y compris tous les documents qui y sont attachés, sont pour l'usage exclusif du/des destinataire(s) désignés ; car elles peuvent être de nature confidentielle et privilégiée. N'importe quelle revue, utilisation, divulgation ou distribution non autorisée est interdite. Si vous n'êtes pas le ou les destinataire(s) désignés, veuillez immédiatement en aviser l'expéditeur par courriel et assurer vous d'avoir détruit toutes les copies du message original. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 833 of 1092 2 Page 834 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-21 Sunday, March 19, 2023 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK It is recommended to approve staff recommendations for items 10.1 thru to 10.6. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Page 835 of 1092 Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 836 of 1092 1 Heather Ruzylo Subject:]-Niagara Pride Week - Pride Niagara Festival 2023 From: Enzo De Divitiis <chair@prideniagara.com> Sent: Thursday, March 2, 2023 9:06 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: [EXTERNAL]-Niagara Pride Week - Pride Niagara Festival 2023 Good morning Sarah, Hope you are doing well and having a wonderful week! With international Pride month quickly approaching, planning for Pride Niagara’s festival is in full swing! Pride Niagara is as resilient as the community it serves, and your support ensures that we can continue to provide connectivity and social outreach across Niagara. For the 13th year, we invite each municipality to join us for our Annual Pride Flag raising Monday May 29th. As part of this year’s Pride Niagara Festival 2023! Pride Niagara requests that each municipalities Mayor (or council representative) raise the flag (as provided by Pride Niagara) Monday May 29th. Alongside Pride Niagara representative, we ask each municipality to share words of support and acknowledgement to our 2SLGBTQ+ community. We also request, each municipality deliver a statement of support for Niagara’s 2SLGBTQ+ communities, Pride Niagara, and International Pride month, during opening remarks of their first June Council meeting. June is internationally recognized as Pride month, we greatly encourage each municipality to have the flag raised for the month of June, we do request the flag to be flown for a minimum of Niagara Pride week. (Saturday May 27th - Sunday June 4th) To coordinate flag raising across all municipalities on Monday May 29 th, our time request for Niagara Falls is 2pm. We look forward to continuing building the tradition with each municipality and sincerely hope we can work together. Enzo -- Happy Pride! Page 837 of 1092 2 With advance gratitude Enzo De Divitiis He/him/his Pride Niagara Board of Directors chair@prideniagara.com ................................................. Pride Niagara Confidentiality Notice The information contained in this communication, including any attachments, may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure or copying of this communication or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 838 of 1092 1 Heather Ruzylo To:Heather Phillips Subject:RE: [EXTERNAL]-Filipino Flag raising ceremony From: Heather Phillips <hphillips@niagarafalls.ca> Sent: Thursday, March 9, 2023 12:50 PM To: Aida Mulley < Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-Filipino Flag raising ceremony Good afternoon Aida I am connecting you here to Heather from our clerks department so that she can send this request to council for approval. As mentioned previously we will hold the date in the Mayor’s calendar and coordinate details when approval is received. Much thanks, Heather Phillips | Scheduler/Executive Assistant | Mayor & CAO’s Office | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | hphillips@niagarafalls.ca From: Aida Mulley < Sent: Wednesday, February 22, 2023 3:26 PM To: Heather Phillips <hphillips@niagarafalls.ca> Subject: [EXTERNAL]-Filipino Flag raising ceremony Hello Heather, On behalf of the Filipino Canadian Association of Niagara Once again we are requesting Mayor Jim Dioati and the City of Niagara Falls on June 8 or 9 depends on Mayor's schedule to held our Flag raising ceremony to commemorate our Independence Day. Thank you, Aida Mulley FCAN Executive Board members CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 839 of 1092 1 Heather Ruzylo Subject:-Proclamation for May 14th Apraxia Awareness Day From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Friday, March 10, 2023 10:46 AM To: Judith Schoen < Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: RE: [EXTERNAL]-Proclamation for May 14th Apraxia Awareness Day Dear Judith: Thank you for your email and your request for a proclamation. Staff in our City Clerk’s Office and Mayor’s Office are included here in order to follow up and ensure that it come s forward at a future City Council Meeting. Thank you for writing. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Judith Schoen < Sent: Thursday, March 9, 2023 10:42 PM To: Carey Campbell <ccampbell@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation for May 14th Apraxia Awareness Day Dear Carey Campbell I am writing to request that you proclaim May 14th as Apraxia Awareness Day. Childhood Apraxia of Speech is a very misunderstood and very challenging speech disorder, our kids need your help. This year is the tenth anniversary of Apraxia Awareness Day which aims to unite community members, children with apraxia of speech, their friends and families on May 14 th to be an unstoppable. united force advocating for children with childhood apraxia. By issuing this proclamation you will not only be showing that you support all of your constituents. You will also help to raise awareness for a complicated speech disorder that affects nearly 1 in 1,00 children. I am a volunteer with Apraxia Kids, the leading non-profit dedicated to childhood apraxia of speech. We now have an Apraxia Kids Niagara Region Facebook page and will be hosting many events to raise awareness and understanding about apraxia. We hope you will issue a proclamation to help us further the cause of raising awareness. For your convenience, a sample proclamation is attached. Please feel free to contact me with any questions. I will be requesting that the Niagara Parks change the lights on the Falls blue on May 14th for Apraxia Awareness Day. Sincerely Judith Schoen Page 840 of 1092 2 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 841 of 1092 .1 N mmom.§__a< __oc:oO35Bw_mgEm_>_M. __.m_oo_D._>_moEmw_o>m_>_ ?ommqwBm_xm._q<Uoocv_EoBmc:ocm..9_mu:: cammwmc9m>>mmmmo._oc_2mm_..E:EEoo__m£c_£_>>{O32nmm?soocw0.5m__mn_ smmgz.5wcmwaoEmE3m$=2§s<~_.§.__<..w_53E).E:.om_>._omm_mmm:E: .wm_om..wnocosm.6wo?m£:_mocm___m9_u:m:o__.mc_::m..m_o ?otm__m£5.,.wm___Em.,__m£mm:95mm.:9_o_Eomwm?Bmmom..omQw258¢:So_m<m_m_m__._>> .wcmN__._o_._:cmmc_..:n_::oo.m>_..o:u9_QSE266cmo:m:u_EovmwomtmEmvcmwsorz..m£omcam _u®N_E_C_Em__oEom__um_£:6..omqE_9:E5omwmo_>._mw._m£ovcm>qm_m£commqmBmsumum m_o_>oa2U8:_mo_Eom£oNEmoom_8umm?soocw9mm8_o_>oamocm3wc_Ucmwv?on _oocom.m_o..m:w_c_E_umE9603co_Em>$E_.m_mv_mE>o__oammcosw$323...w<m_mm_:>> .w_m_o_toum..om_mucm.w$xmE>o__oQ .w_mco_wwm..o._Qcozmosvm.mcm_o_w>ca.m$nEmEb_::EEoo95:5m__mu_Smm?zc_coomqm .539%voocgfoScammmm:m_ms>mo__n:Q._®..m®Lmmg99:m>:m_mqE_m__._.w<m_mm__._>> <Em_m£ commamEm.:_u9._vcm.m>_mcmE__m..m_._qo5am.co_Em>._mE_>:mmm>_mom:>9::>_cowmo_o> Eso\Cm>:9:£_>>m..mo_::EEoo2Emm____>>coomamBExmam£_>>c2c_Eo..moE.w<mm_m=._>> .vm>2n_E_Lo_om>_om9go:u__mmEc:toqqo..:®E>o_QE® Ucm.mocm_o:wqm_o:_933..;mE_E__uw_.omn_E_E?ocoomwucm>_mE:o_cosw..m£.w<m_m_m:>> .w___xmvm..m_9-_oor_om$5.0cam.9____m%.m_.__..:>>.m:_Umm_c_m_.owQE_bmvcoomm8%xm::9;gm _ooom_q0.5m_xmEmES,cm:u_Eo.co_Em.>._mE_>n_Sm£commqm9.m_aoEqmSo£_>>.w<mm_m=._>> .o_mm::w>£mcm_ccmm_g_um:oc_cm9395 m_xmE_m_.:_>>305.cm.__o_Eo$9:2>_mmm_totmmmEooxmmqwEmc_Emm_.6Umm£.m<mm_m=._>> .cm6__r_oc_mH_o_..m_ocommqmm:m>mwH089:m:oEmw_Ucmxmmqw2mc_Emm_ a_8E_uu_._(_MO_u_._C®_m9,22.c9_o__;o838Aw<oVEmogm.5m_xma<_8o%_Eo.m<mmm:>> .:9v_Eoc_._m_8om_vcommam mc_mcm__mco>_mEmE.xmcm_r_ommo_wyom_xmE<UoocvzcoSonsmbmcmo50,3395umw_Emp ___>>mwm:m:m>>mco_Es95%>mn_commqwBm_xmE<noocv__r_owv:mE£3>m_>_.w<mmm__._>> :o_wwEm_oo.n_ mo.w__£.2wmm_:©=mco__o.— 53$”.89us”. Su?em._.~E-$m38. mo.w__£m._mmm_:.>>>>>>"mumno.5 eam~._Z0_w=mn_£322 22xom.O.n_ Bozwcmozd2.? =5...36 _.%o_o:.=..22.Page 842 of 1092 Request for Exemption to the Noise Control By-law and Vendor Licencing Fees -Niagara Irish Festival 2023ashMusicmm March 1st,2023 To whom it concerns, Irish Music Niagara are a Niagara Falls based non profit organisation incorporated in the province of Ontario,we currently run a weekly open music session every Sunday that is well attended and open to all members of the community. We are holding our 1st annual Irish Music Niagara Festival at Firemen’s Park,2275 Dorchester Road,Niagara Falls on Friday August 25th and Saturday August 26th 2023. The event has been granted funding from the City of Niagara Falls Niagara Falls Cultural Development Fund for which we are very grateful and is also fully supported by the Stamford Center Volunteer Firefighters Association. Per article 7.1 of the Niagara Falls Noise Control By law we (Irish Music Niagara)are writing to request an exemption to item 11 from schedule 3 of the By law,the playing of music after 9pm for 2 specific dates detailed below. For the event we will have a host of local bands and musicians and dancers performing over the course of the two days.To accommodate the schedule for all the bands and performers we will require a by-law exemption to allow our live bands to play at Firemen’s park until 11pm on both nights,the 25th and 26th of August 2023. In addition to having a number of local artists performing we are also hoping to showcase local food and retail vendors,craftspeople and artisans at our festival .We expect that we will have somewhere around 6-10 food trucks and approximately 50 retail vendors.With this in mind we would also like to request that the licensing fees related to such vendors also be waived to help us in staging the event. We do not have a final list of the vendors that we will host at this time as we are a number of months from the date of the festival but our focus is on supporting local businesses and artists. We can provide a detailed list closer to the date of the festival if required. Patrick Treacy Chairman, Irish Music Niagara Declan O’Sullivan President, Irish Music Niagara Niagara Falls, Ontario, Page 843 of 1092 Page 844 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Bylaw amendment From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Wednesday, March 8, 2023 5:25 PM To: Denise Mateyk < Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: CJ.Painting George < Subject: RE: [EXTERNAL]-Bylaw amendment Hi Denise: As long as it's a weekend I think it's reasonable to request this. I'm including Bill Matson, our City Clerk to help facilitate the request. Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca -----Original Message----- From: Denise Mateyk < Sent: Monday, March 6, 2023 9:21 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: CJ.Painting George < Subject: [EXTERNAL]-Bylaw amendment Page 845 of 1092 2 Good morning Jim, Thank you so much for the Instagram “advertising”! We are planning our summer events: Folklore concert June 10 Serbian Day June 24/25 Kordun Slava July 29th Folklore Slava Sept 2 We usually apply for an exception to extend the Noise Bylaw to 11 pm. Last year, a police officer attended the grounds at 10:30 pm and basically threatened us. I found out from Dragan Matovic that this person also reported us to AGCO due to the Noise Bylaw. We had an extension to 11 pm, and we stopped the band just before, so we were ok. I don’t want to have the same issue this year and was hoping that we could apply for the extension to 12 midnight. It seems so silly as Mick and Angelo’s have music on their patio that we can hear until 12:30 am every weekend. Please let me know if you think midnight is doable. Thanks for all your help, Denise CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 846 of 1092 1 760 Peterborough County Road 36, Trent Lakes, ON K0M 1A0 Tel 705-738-3800 Fax 705-738-3801 February 28, 2023 Via email only To: The Honourable Steve Clark, Minister of Municipal Affairs and Housing minister.mah@ontario.ca The Honourable Doug Ford, Premier of Ontario doug.fordco@pc.ola.org The Honourable Dave Smith, MPP Peterborough-Kawartha dave.smithco@pc.ola.org The Honourable Michelle Ferreri, MP Peterborough-Kawartha michelle.ferreri@parl.gc.ca Curve Lake First Nation audreyp@curvelake.ca The Association of Municipalities Ontario amo@amo.on.ca Re: Oath of Office Please be advised that during their Regular Council meeting held February 21, 2023, Council passed the following resolution: Resolution No. R2023-119 Moved by Councillor Franzen Seconded by Deputy Mayor Armstrong Whereas most municipalities in Ontario have a native land acknowledgement in their opening ceremony; and Whereas a clear reference to the rights of Indigenous people is the aim of advancing Truth and Reconciliation; and Whereas Call to Action 94 of the Truth and Reconciliation Commission of Canada called upon the Government of Canada to replace the wording of the Oath of Citizenship to include the recognition of the laws of Canada including Treaties with Indigenous Peoples; and Whereas on June 21, 2021 an Act to amend The Citizenship Act received royal assent to include clear reference to the rights of Indigenous peoples aimed at advancing the Truth and Reconciliation Commission’s Calls to Action within the broader reconciliation framework; and Page 847 of 1092 2 Whereas the Truth and Reconciliation Commission of Canada outlines specific calls to action for municipal governments in Canada to act on, including education and collaboration; Therefore be it resolved that Council request to the Minister of Municipal Affairs and Housing that the following changes be made to the municipal oath of office: I will be faithful and bear true allegiance to His Majesty King Charles III and that I will faithfully observe the laws of Canada including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Metis peoples; and further That this resolution be forwarded to the Association of Municipalities of Ontario (AMO), all Ontario municipalities, MPP Dave Smith, MP Michelle Ferreri, Premier Doug Ford and Curve Lake First Nation. Carried. Sincerely, Mayor and Council of the Municipality of Trent Lakes Cc: All Ontario municipalities Page 848 of 1092 March 3, 2023 Good morning/afternoon, Ontario is taking action to streamline and modernize its almost 50-year-old environmental assessment process that is too slow, unnecessarily burdensome and costly, to build Ontario while continuing to protect the environment. As part of this plan, we are making practical changes that would ensure strong environmental oversight while reducing delays to get shovels in the ground on projects that matter most to Ontario communities. Today, on behalf of the Ministry of the Environment, Conservation and Parks, I am writing to let you know that the Municipal Class Environmental Assessment (EA) has been amended as part of the ministry’s work on EA modernization. Over the last three years, our modernization efforts have focused on ensuring strong environmental oversight while reducing delays on infrastructure projects that matter most to Ontario communities. This process includes considering input from stakeholders and Indigenous communities and streamlining requirements for low-risk municipal infrastructure projects, while maintaining strong environmental oversight and protection. In 2019, the Ministry of the Environment, Conservation and Parks invited the proponents of class environmental assessments to review their assessment process and to propose changes to reduce duplication and better align assessment requirements with risk. We started consulting with municipalities, government agencies and Indigenous communities on the proposed amendments to the Municipal Class EA in 2020. I want to thank all who have offered feedback on the proposed amendments, through submitting comments, participating in webinars and correspondence. We have considered all comments received during the consultation, in addition to conducting our own analysis before the minister decided on the proposed amendments to the Municipal Class EA. After careful consideration, the decision was made to approve many of the proposed amendments to the Municipal Class EA, including amendments proposed by the ministry. Various changes were made to the Municipal Class EA to update project schedules to better align the level of assessment with the environmental impact of the project. By looking at smarter, more modern ways of doing business, we’re making sure important public services and infrastructure projects can get off the ground faster without unnecessary costs and delays. Ministry of the Environment, Conservation and Parks Environmental Assessment Modernization Branch 135 St. Clair Avenue West 4th Floor Toronto ON M4V 1P5 Ministère de l’Environnement, de la Protection de la nature et des Parcs Direction de la modernisation des processus d'évaluation environnementale 135, avenue St. Clair Ouest 4e étage Toronto ON M4V 1P5 Page 849 of 1092 Amendments to the Municipal Class Environmental Assessment Page 2. Based on input received from Indigenous communities and Ministry of Citizenship and Multiculturalism (formerly the Ministry of Tourism, Culture and Sport) regarding the need to ensure the protection of archaeological resources and burial sites, an archaeological screening process will be required for various project types that are now eligible for exemption. The exemption will be conditional on the completion and outcome of the screening. The archaeological screening process consists of three questions with links to various tools and criteria developed under the Ontario Heritage Act. Proponents must carry out the specified research and consultation to accurately respond to each question, including consultation with Indigenous Communities, municipal governments, and Ministry of Citizenship and Multiculturalism, and may require the assistance of a licensed archaeologist. A project that the screening process applies to would not be exempt unless the archaeological screening process is completed as required, project documentation maintained and all mitigation measures that are identified through the screening process are implemented. Please see Appendix 1 of the Municipal Class EA for more information on the new archaeological screening process. Detailed information on the approved amendments to the Municipal Class EA, including the Minister of the Environment, Conservation and Parks’ reasons for making the amendments, can be found at: https://ero.ontario.ca/notice/019-5069. The changes are effective as of the date of posting on the Environmental Registry of Ontario, March 3, 2023. Proponents authorized to proceed with projects through the Municipal Class EA are required to proceed in accordance with the transition provisions set out in the amended Municipal Class EA, as it came into effect on March 3, 2023. Municipalities should review the amended Municipal Class EA to determine the impact on their project. If you have any questions, please contact Stephen Deneault, Project Officer, by e-mail at: Stephen.Deneault@ontario.ca and the Environmental Assessment Modernization Team at: EAModernization.MECP@ontario.ca. Sincerely, Annamaria Cross Director, Environmental Assessment Modernization Branch Ministry of the Environment, Conservation and Parks Page 850 of 1092 January 2023 Attention Mayor and Council, We are inviting your community to participate in the 2023 Ontario Provincial Edition of Communities in Bloom! In the past few years, we have seen significant changes in society’s expectations for, and usage of, our outdoor environments. We encourage you to join communities across Ontario and Canada to develop civic pride, mitigate and adapt to the impacts of climate change, enhance green spaces, strengthen neighborhoods, and increase investment opportunities and tourism. Your community will receive valuable feedback from the judges and a template for continuous improvement. Your community will also be invited to submit for special achievement awards and to apply for grants offered by our sponsors and partners. Your community has the option to participate in one of the following categories (please see the How to Participate guide for more information): Page 851 of 1092 - Population Category (community is evaluated): Two volunteer judges visit and evaluates the community to provide a report, mention and bloom rating The evaluation will be planned to be scheduled for two days with accommodation provided by the host community. or - Friends Category (community is not evaluated): Community is not evaluated : becomes part of the Communities in Bloom network. The registration fee is $250.00 CAD Participating in the CiB program has proven, positive benefits! While impacting all sectors of your municipality, CiB will help to encourage and enhance community involvement, improve green infrastructure, and become more environmentally sustainable. The very high Return on Investment that has been noted by other communities make CiB one of the best investments you can make for your hometown! Click below for a brief impactful video featuring information and testimonials from Mayors and significant other community partners including team members further supporting our program. CiB Ontario is Challenging and Inviting your community to act early and REGISTER for the 2023 Provincial Edition! Page 852 of 1092 The registration form can be completed directly on-line, click below CiB ONTARIO ONLINE REGISTRATION FORM 2023 Colour of the Year At the request of our communities, we decided to continue with a colour theme for 2023. This year's colour will be PURPLE. Purple has a variety of effects on the mind and body, including uplifting spirits, calming the mind, enhanced feelings of spirituality and encouraging imagination and creativity. From lilacs to coneflowers, from coast to coast, let's paint the country purple next year! Again, please visit our web site at cibontario.ca for more complete details and call us if further information is needed. Let us all work together for a Greener and Healthier Ontario. Martin Quinn, Chair CiB Ontario Phone: (519) 441-3499 email: info@cibontario.ca website: https://cibontario.ca/ You are receiving this email from Communities in Bloom, a national non-profit organization with charity status. For comments or questions, please contact us at bloom@cib-cef.com Communities in Bloom Ontario | 276, Martha Street, Goderich, ON N7A 4N1 Canada Unsubscribe martinquinn2017@gmail.com Update Profile | Constant Contact Data Notice Sent by bloom@cib-cef.com powered by Page 853 of 1092 Try email marketing for free today! Page 854 of 1092 FREE CiB Ontario Information - Workshop Session Communities In Bloom Ontario invites your Community to attend an Information / Workshop session that will be hosted by Niagara-on-the-Lake and held on Friday March 24th 2023 at: The Penner Room - Niagara-on-the-Lake Community Centre from 10am - 4pm 14 Anderson Ln Niagara-on-the-Lake, ON L0S 1J0 This Workshop will inform you of the many advantages of joining Communities In Bloom including, but not limited to: mitigating environmental change building teamwork instilling Community pride enhancing the critical elements of tourism and economic development. This Workshop is FREE and includes lunch and welcome coffee and snacks. Please contact Martin Quinn at 519-441-3499 for further information and details and for those who may not be able to attend but wish additional information please contact Martin. Places are LIMITED, call us today to RESERVE YOUR SPOT! (the number attending from each Community is set at 3 unless approved) Page 855 of 1092 Please visit our web site at cibontario.ca for more complete details and call us if further information is needed. Let us all work together for a Greener and Healthier Ontario. Martin Quinn, Chair CiB Ontario Phone: (519) 441-3499 email: info@cibontario.ca website: https://cibontario.ca/ You are receiving this email from Communities in Bloom, a national non-profit organization with charity status. For comments or questions, please contact us at bloom Page 856 of 1092 Dear Official Planning Staff, City of Niagara Falls Planning, Mayor, and Council Members, I am a senior citizen born aboard but have come to call Niagara Falls my home for more than 30 years. I was raised with the value and respect of the land, which lead me to enjoy numerous outdoor leisure activities. Now, I recognize that the key to fighting the climate crisis is to advocate for sustainable development that restores local biodiversity and celebrates socially conscious neighbourhoods. I have had the privilege to build my family house along Lyons Creek. We have registered our land to be a conservation marsh. Sadly, as I canoe down our neighbouring waterway I am seeing fewer natural shorelines and agricultural fields. I am concerned that approving urban boundary expansions will further stress local food security systems. Ontario is presently losing 175 acres of agricultural land DAILY, and Niagara Falls farmland area has decreased by 44.6% or 4,286 acres between 2011 and 2016. Were you aware that agriculture currently adds $1.41 billion ANNUALLY to Niagara’s economy? Gross farm receipts in Niagara Falls increased 30.9% or $4.14 million between 2011 and 2016. I recognize that wetlands and waterways are incredibly diverse and sensitive to development and environmental contaminants. Development in these regions directly threatens its unique biodiversity. In the Niagara Region, 95% of the wetlands are located in Niagara South including the Provincially Significant Wetland at Site Recommendation #3. We should be saving and celebrating these incredible fighters of climate change. Were you aware that Niagara Falls city planners presented a plan to their local Council that would have accommodated 65% of new growth in their urban area around transit nodes? This was voted down by the Niagara Falls Council meeting in October 2021. This plan would have required 113 ha for growth, the plan the Council adopted requires 272 ha. This would have been a practical solution to our goals and problems. I know that the Niagara Region and City have the ability and resources to meet provincial growth targets within the current boundary lines. I oppose all urban boundary expansions and that the official plan of settlement area boundary expansions should not be approved. I call on my elected officials to make responsible investment decisions supporting our thriving agricultural economy and unique biodiversity. Sincerely, Lesslie Tunmer Niagara Falls, Page 857 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-36 Monday, March 20, 2023 Mayor Diodati comments concerning Development Downtown updated Report Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda. On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: "You’re going to start to see high-rises, residential apartments, and condos being built in our downtown." "You're going to start to see cranes in downtown." "That’s what’s missing downtown." "You need people to live there, then you’ll need a grocery store for people to buy their food there." It is important that the mayor chooses his words carefully. As a respected official and representative of the City of Niagara Falls, making speculative statements may mislead residents (Elon Musk's Twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council at each meeting to update the progress of the claim. It has been 444 days since Mayor Diodati made that claim, and it remains false. There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. News article link (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement -for-falls- downtown-university-could-come-this-spring-diodati.html) Page 858 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 859 of 1092 Page 860 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-35 Monday, March 20, 2023 City of Niagara Falls Affordable Housing updated Report Every day, Council Members (as of the beginning of your term, November 15, 2022) Every day that brings us closer to October 26, 2026 (the end of your term in office), Every day that no affordable housing is created by this Council is one more failure, 125 days Council Members, 125 failures ... Page 861 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 862 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-39 Monday, March 20, 2023 Information Requests updated Report Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda. I submitted an information request to know the balance of the Niagara Hospital Fund as of March 14 2023. I would like to share with you and the general public how that is done and what the current timelines are for the various processes of a request, for your consideration. • March 14, 2023 The request was submitted along with $5, in person on the form provided on the city website. • March 20, 2023 the next step is pending. I will update this report as time goes on. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. Page 863 of 1092 "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 864 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-37 Monday, March 20, 2023 Mayor Diodati and Councilor Strange comments concerning 15,000 students updated Report Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda. During the December 13, 2022 meeting, Mayor Diodati and Councilor Strange collectively stated that 15,000 students and faculty were going to be living and working in the downtown. It is important that this council, as respected officials and representatives of the City of Niagara Falls, refrain from making speculative statements that may mislead residents (Elon Musk's Twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council at each meeting to update the progress of the claim. It has been 97 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown. The claim remains false. The current occupancy, as researched, is 0. Page 865 of 1092 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 866 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-22 Sunday, March 19, 2023 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK It is recommended to approve staff recommendations for items 11.1 thru to 11.4. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Page 867 of 1092 Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 868 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-04 Sunday, March 19, 2023 ADOPTION OF MINUTES These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #3. ADOPTION OF MINUTES. I have noticed that the Adoption of Minutes are not placed on the agenda, these are known well ahead of time from the last meeting, by not placing them on the agenda in a timely manner you are preventing public comments on the last meeting of council. Council meeting are very fluid, what is on an agenda can vary greatly to what actually occurs during the meeting. The Minutes are an agenda item that allows public comments to be provided on the actual events of the prior meeting. For this agenda the minutes are only going to be available for viewing as of Monday, if they get put on at all. This is the second time the minutes have not been placed on the agenda in a timely manner, and the city is having to be reminded to do it again. It is recommended that the Procedural By-Law is amended to ensure the Minutes are placed on the agenda at the same time as the agenda is published. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 869 of 1092 Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 870 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-03 Sunday, March 19, 2023 MAYOR'S REPORTS, ANNOUNCEMENTS These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #5. MAYOR'S REPORTS, ANNOUNCEMENTS. I have noticed that the topic and a brief description of the Mayors reports and announcements are not provide on the agenda. The Mayor just starts talking about these and the public has no knowledge of what they are going to be. This does not allow for public comment to items on the agenda. This is not good transparency procedures. It is recommended that the topic and a brief description of the reports and announcements the Mayor will be speaking to are place on the agendas. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the Page 871 of 1092 legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 872 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-08 Sunday, March 19, 2023 DEPUTATIONS / PRESENTATIONS Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #6 DEPUTATIONS / PRESENTATIONS. In the Delegations and Appointments section of the by-law governing the calling, place and proceedings of Meetings it states " Delegations and Appointments shall be limited to not more than five (5) minutes to address Council, unless otherwise determined by Council." There may also be other time limit events that may need to be included. The section "unless otherwise determined by Council" infers that unless council either before or during the presentation decides to alter this time limit, it is five minutes. It is noted that council often alters the time limit without ever determining otherwise. It may be inferred that all the councilors are in agreement but that is not how council is suppose to work. Do you have a secret council members system to convey this determination without speaking. Council makes motions on altering procedural policies, even if this is a matter that does not require a motion then consultation and agreement to do so certainly does. This can be very disrupting to a presenter as it is clear that at moments councilors get disinterested in presentations, they look away, talk to other people, etc. This somewhat demonstrates that those particular council members have determined that the presenters time limit is up as far as their concerned while other have not. This is not fair to the presenters or to those councilors that have limited attention spans. Page 873 of 1092 Furthermore, the Mayor often just interrupts presenters and ends the presentation without even consulting council, not only is this not the procedure stated in the Procedural By- Law but it is also very dismissive toward the councilors. He may have the authority to stop the presentation and ask the councilors if they wish the presentation to continue but he certainly does not have the authority to make that decision for all the councilors. You may notice the procedure states "otherwise determined by Council" not "otherwise determined by the Mayor. I am not aware of council granting the Mayor that authority. It is recommended that council convey before the presenter(s) begins what the current procedure is going to be concerning the time to speak. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 874 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-03-2023-01 Friday, March 17, 2023 Council, Downtown BIA and Stakeholders, Niagara Falls Downtown BIA Report The phoenix is an immortal bird associated with Greek mythology (with analogs in many cultures) that cyclically regenerates or is otherwise born again. Associated with the sun, a phoenix obtains new life by rising from the ashes of its predecessor. Some legends say it dies in a show of flames and combustion, others that it simply dies and decomposes before being born again. The Niagara Falls Fire Department is most likely glad that the latter did not happen. Page 875 of 1092 For many years now the toxic environment within our Downtown BIA has been slowly decomposing it's integrity and now it is dying. This should not be view as a sad moment. For quite some time it has appeared that the BIA was more akin to an autocracy then a democracy. "People shouldn't be afraid of their government. Governments should be afraid of their people". Eventually, after being subjugated long enough citizens come to realize that this is not the world they wish to live in and rise up and take action to change it. This is the reality of what has happened within the Downtown BIA membership. Autocratic type governing bodies generally do not willingly relinquish their control easily and unfortunately the former BIA administration has demonstrated to be no different. Although the new administration survived an apparent insurrection attempt by several former administration personal, the persons responsible, and there are those more responsible than others, and they will be held accountable, managed to do considerable damaged in the process. It has been described of late that the BIA is in a "reset" moment, that is more of a description of a machine being turned back on. The BIA is not a machine, it is the embodiment of its membership, to use the term "reset" feels like a belittlement to what is now happening to the Downtown BIA. This time around the Downtown BIA is not resetting, it is within its rebirth cycle, just like a phoenix obtains new life by rising from the ashes of its predecessor so to will the BIA rise again, this time with a new life of having shed the shackles of it's past oppressors and free to soar unencumbered to ever higher heights. Although I am not a member of the BIA, I can envision it's potential to improve, not just it's own membership's opportunities but those of all the business that call the downtown their home. As a devote personal fan of the BIA's potential, in my capacity as the owner of Niagara Tinting, one of the local downtown business and as the leader of The Official Opposition Party to The City of Niagara Falls Council I offer my support. I understand that the new administration is working hard during this transition and seeks help. • I offer my resources to reconstitute their Board of Directors and request nomination from an existing BIA member for a position on the Board of Page 876 of 1092 Directors. Under the current situation of the BIA, that being having vacant board member positions, it is permissible for non-BIA members to hold Board positions. I would like to also serve on several of their committees. • I was a candidate for city council last year, I was prepared to dedicate four years of my resources to the betterment of the entire city of Niagara Falls, I offer the same dedication to the Downtown BIA and would consider it a privilege to be allowed to participate in its restoration. • Furthermore, it is my understanding that the current BIA administration may be in need of some temporary financial assistance, I therefore offer the BIA an interest free loan in the amount of $10,000 to help them in their time of need on the singular condition that it merely be repaid before January 1, 2024. As mentioned early I have experienced what it is to participate in a municipal election, so to did I experience the entirety of the BIA AGM, thus giving me a singular perspective. If I may provide this advice/opinion concerning the up coming board elections... The board election process should emulate the municipal process as much as possible. Reasonable efforts should be made such that the BIA membership in it's entirety should be known and directly contactable prior to the election process commencing. Members personal and business names, voting representative (self represented or proxy preferences), mailing and email addresses should be acquired. As there are only so many properties within the BIA boundaries it should not be difficult to acquire the information with the city clerks help, by phone, email, word of mouth or door to door if need be. The clerk can certainly provide the owner and contact information of each property, from their the BIA merely needs to determine how many qualifying tenants occupy those properties to come up with the total BIA membership (property owners and tenants). This is necessary in order to inform all members directly of the election procedure. A certain time should be allocated for nomination submissions, the nominations should be receivable by letter or email submission indicating the nominee and nominator. Once the nomination period is concluded and the validity of each nominee and nominator is confirmed, nominees should be notified and voting forms should be provided to all members. Page 877 of 1092 Although voting forms would be the preferred means of submission, any document with the prescribed information should be accepted. The forms should provide a means to ... • Check boxes besides the names of each nominee with instructions to limit the number of selections to the number of available board positions. • Identity the voter within the BIA membership. • Provide for proxy vote representation. Advanced voting should be permitted within one week of election day by way of submissions to the city clerk to be held confidential until election day After election day and upon validation of all votes, which may take several days the results provided to the membership. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 878 of 1092 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: March 21, 2023 Re: Appointments to Niagara District Airport Commission The City received 11 applications from Niagara Falls residents to sit on the Niagara District Airport Commission for the current term of Council The Niagara District Airport Commission is comprised of 9 members, representing the municipal partners of St. Catharines, Niagara Falls and Niagara-on-the-Lake. This includes 3 elected municipal councilors, one from each municipality, and community representatives appointed by each Council – three (3) from St. Catharines, two (2) from the City of Niagara Falls, and one (1) from the Town of Niagara-on-the-Lake. A Nominating Committee was struck to review all of the applications and 2 applicants from Niagara Falls are being recommended for appointment. Information on all 11 applicants have been made available to Members of Council. Attached is an information report from Mr. Dan Pilon, the Chief Executive Officer with the Niagara District Airport. RECOMMENDATION: That Council appoint Ann Marie Nitsopolous and John Ventresca to act as Commissioners on the Niagara District Airport Commission for the next four-year term beginning in 2023, ending in 2026. Attach. Page 879 of 1092 March 10, 2022 REPORT TO: City of St. Catharines, City of Niagara Falls, Town of Niagara-on-the-Lake SUBJECT: Niagara District Airport Commission Community Representatives– 2023 to 2026 RECOMMENDATION That the following individuals be nominated by their respective municipalities to act as Commissioners on the Niagara District Airport Commission (NDAC) for the next four-year term, beginning in 2023, ending in 2026; o St. Catharines: Trecia McLennon, Mark Steinman, Greg Wight o Niagara Falls: Ann Marie Nitsopolous, John Ventresca o Niagara-on-the-Lake: Terrence Nord EXECUTIVE SUMMARY Three municipal councillors have already been appointed by their respective municipalities; o Mona Patel, City of Niagara Falls; o Mark Stevens, City of St. Catharines; o Erwin Wiens, Town of Niagara-on-the-Lake A Nominating Committee for the remaining six Commissioners is recommending the afore- mentioned applicants (McLennon, Steinman, Wight, Nitsopolous, Ventresca, Nord) be nominated to the Commission for the next four-year term. BACKGROUND As per the Municipal Operating Agreement governing the Niagara District Airport Commission (and hence, the operations of Niagara District Airport), the NDAC is comprised of nine members, representing three municipal partners. This includes three elected municipal councillors (one from each municipality), and community representatives nominated by each Council - three (3) from the City of St. Catharines, two (2) from the City of Niagara Falls, and one (1) from the Town of Niagara-on-the-Lake. Term of the Commission members is tied to the terms of the municipal council(s), with a new Commission named following a community recruitment process after each provincial/municipal election. REPORT In January of 2023, each of the three municipalities, and the Niagara District Airport, began the recruitment process for new Commissioners for the NDAC. All of the recruitments closed at the end of January, 2023. The Municipal Operating Agreement identifies that a Nominating Committee shall be struck to review all of the applications, in the hopes of creating a skills-based Commission to support the operations of the airport. This includes identifying individuals with a background in a host of areas supporting the strategic growth of the facility, including (but not limited to): tourism, aviation, human resources/legal, economic development, and finance. Page 880 of 1092 March 10, 2022 The Nominating Committee is identified as being comprised of the members of the Airport Liaison Committee, which includes the Mayor’s and Chief Administrative Officer’s of all three municipalities, in addition to the existing Chair (or their representative) of the NDAC, and the Chief Executive Officer of the Niagara District Airport, both in a non-voting capacity. The Nominating Committee met on March 8, 2023, to review the applications for the NDAC. A total of 32 applications were received and reviewed: 14 from the City of St. Catharines, 11 from the City of Niagara Falls, and seven from the Town of Niagara-on-the-Lake. Each applicant must re-submit an application for this term, regardless of whether they were members of the NDAC in the last term. For clarity, Greg Wight and Mark Steinman (St. Catharines) and John Ventresca (Niagara Falls) sat on the Commission for the prior term. While the Committee, as a whole, has reviewed and made a recommendation for the group of six individuals, each respective municipality is only responsible for approving the individuals nominated via their specified municipal allotment, which is as follows: o St. Catharines (3): Trecia McLennon, Mark Steinman, Greg Wight o Niagara Falls (2): Ann Marie Nitsopolous, John Ventresca o Niagara-on-the-Lake (1): Terrence Nord The Nominating Committee strongly believes that the applicants, as recommended, capture a mix of skills and abilities, covering the fields of finance, leadership, tourism, aviation, economic and business development. BUSINESS IMPLICATIONS As a Municipal Services Board, the NDAC provides strategic direction and oversight to the operations of the Niagara District Airport. Commission orientation will occur during the month of April, and the NDAC will be integral in the creation of the future direction of the airport. The existing Municipal Operating Agreement expires on December 31, 2026. RELATIONSHIP TO STRATEGIC PLAN The NDAC will be responsible for the creation of a new strategic plan, to cover this term of the Commission. That process will begin immediately to allow for the approval of a new plan in 2023. COMMUNICATIONS Successful applicants will be notified by their respective municipalities of their approval, and the Niagara District Airport will immediately connect with the new Commissioners to begin the orientation and on-boarding process. Tenants, councils, and other engaged stakeholders will be notified as well, with public notification occurring through social media, website and other channels of the Niagara District Airport. Municipalities will notify their community members through a host of similar means and measures as well. Daniel Pilon, Chief Executive Officer Niagara District Airport Page 881 of 1092 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 03-21-2023-23 Sunday, March 19, 2023 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Council, These are comments to be attached to the 03/21/2023 Council Meeting Agenda Item #12 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK It is recommended to approve staff recommendations for items 12.1 and 12.2. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable for their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Page 882 of 1092 Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 883 of 1092 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: March 21, 2023 Re: Petition – Sidewalk Ploughing on Riall Street In October of 2021 Council passed amendments to its Procedural By-law with respect to implementing procedures around receiving petitions from the Public. A portion of those procedures are listed below as they pertain to this recent petition that has been submitted. Amendment to Council’s Procedural By-law: A petition must contain the following: a. The date of when the petition commenced; March 2023 b. The name and local civic address, telephone number or email address of the organizer who started the petition for contact purposes; Harry DeMol, 6500 Riall Street, hdemol@cogeco.ca c. The name and address of each person who signed or electronically submitted their name to the petition, and; d. A clear, legible statement, which communicates the purpose of the petition. All petitions MUST be related to matters within the direct jurisdiction of the City. All information on the petition, including names, addresses and telephone numbers shall become part of the public record of the meeting at which it is received. Unless otherwise directed by Council by way of a motion, petitions pertaining to a matter on the agenda, will be received and filed for information. RECOMMENDATION: That Council receive the attached petition regarding sidewalk snow ploughing and direct staff to report back on the feasibility of the request. Attach. Location map Petition Page 884 of 1092 Location Map © City of Niagara Falls 3/14/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Print Date:Page 885 of 1092 Page 886 of 1092 Page 887 of 1092 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-NFDBIA Board composition and request for approval From: Tony Barranca < Date: March 20, 2023 at 12:59:19 PM EDT To: Bill Matson <billmatson@niagarafalls.ca>, CouncilMembers <councilmembers@niagarafalls.ca>, Jim Diodati <jdiodati@niagarafalls.ca>, Jason Burgess <jburgess@niagarafalls.ca> Cc: Phil Ritchie <pwritchie@keeferdevelopments.com>, Eric Martin <emartin@tapsbeer.ca>, Joe Mrkalj <joe@grandcentralniagara.com>, steve <steve@ultimateclimbing.ca> Subject: [EXTERNAL]-NFDBIA Board composition and request for approval Good afternoon Bill, Please add the following request for approval of the composition of the Board to tomorrows agenda. As you are aware, the Board recently experienced some changes, resulting in the resignation of several members, including the Treasurer and Executive Director. Unfortunately, the former Executive Director and Treasurer are not cooperating in providing the Board with administrative access issues to the normal communication channels, websites, social media, and bank accounts. In order to access the NFDBIA bank accounts, we require a resolution from City Council acknowledging the composition of the board. Can you please make sure this is added to tomorrow’s city council agenda. Thank you for your cooperation. Tony Barranca Treasurer On behalf of the Niagara Falls Downtown Board of Management CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 888 of 1092 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM March 20th, 2023 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom It May Concern, As the newly elected Treasurer of the Niagara Falls Downtown Business Improvement Area (NFDBIA) and under the direction of our Chair, Phil Ritchie, and Vice-Chair, Eric Martin, I am writing to formally advise you of the new composition of our Board and to request your approval of the new composition of our Board of Management. As you are aware, the Board recently experienced some changes, resulting in the resignation of several members, including the Treasurer and Executive Director. Unfortunately, the former Executive Director and Treasurer are not cooperating in providing the Board with administrative access to the normal communication channels, websites, social media, and bank accounts. On March 13th, 2023, the remaining members of the Board met and elected me as the new Treasurer. The composition of the Board is now as follows: Phil Ritchie as Chair, Eric Martin as Co-chair, Joe Mrkalj, and Steve Falco. In order to access the NFDBIA bank accounts, we require a resolution from City Council acknowledging the composition of the Board. This is necessary to access funds so that we can begin to operate, pay creditors, and fulfill our mandate as outlined in the Constitution of the NFBIA. As per the Constitution of the NFBIA dated December 2020, the Council of the City of Niagara Falls appoints the Board of Management of NFBIA to plan and administer activities for the promotion and of the NFBIA, as well as for the maintenance of the appearance of the downtown core. Our mandate includes completing the Municipal Mandates within the BIA Handbook, engaging in strategic planning necessary to address NFBIA issues for its members, advocating on behalf of the interests of NFBIA catchment and its members, and managing the money that is collected by the City of Niagara Falls from the required special BIA levy for these activities. Page 1 of 2 Page 889 of 1092 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM We believe that the new Board composition is on the right track to operate within the mandate of the NFDBIA. Pursuant to Bylaw # 98-247, the Board is entrusted with the improvement, beautification, and maintenance of municipally owned lands, buildings, and structures in the area, as well as events, business recruitment, communication, and the marketing and promotion of the area as a business shopping area. In accordance with Provincial Legislation - Municipal Act, 2001, S.O. 2001, c. 25, a local municipality may designate an area as an improvement area and establish a board of management to oversee the improvement, beautification, and maintenance of municipally owned land, buildings, and structures in the area beyond that provided at the expense of the municipality generally and to promote the area as a business or shopping area. RECOMMENDATION: We respectfully request that City Council approve the composition of the Board of Management for the NFDBIA as follows: Chair - Phil Ritchie, Co-Chair – Eric Martin, Treasurer – Tony Barranca, Director – Joe Mrkalj, and Director – Steve Falco for the four-year term of 2022-2026. Additionally, four more members will be elected at the next General Meeting to be held within the next 60 days. Finally, we wish to express our appreciation for City Council's consideration of the Board's recommendation on this matter. With your support, we can finally function as a normal BIA for the benefit of all stakeholders. Thank you for your attention to this important matter. Sincerely, Tony Barranca Treasurer, Niagara Falls Downtown Board of Management On behalf of the Niagara Falls Downtown Board of Management for the Niagara Falls Downtown Business Improvement Area Page 2 of 2 Page 890 of 1092 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: March 21, 2023 Re: Notice of Motion – Centre Street, One-WayTraffic Matter As Council is aware, Councillor Lococo brought forward a Notice of Motion, as per Council’s Procedural By-law, at the February 28, 2023 meeting of Council. This motion is listed on today’s agenda. The last motion of Council on this matter was made in February of 2022, which stated: “That Council receive for information, report MW -2022-10 and direct staff to reinstall the temporary Sidewalk Cafes on Centre Street and Fallsview Boulevard for the upco ming 2022 and 2023 sidewalk café season; following the same principals, layouts and methods (concrete barriers) as previously approved in 2021. Furthermore, that Staff come back with a staff report that analyzes the effectiveness of this temporary set-up, including the option of widening the sidewalks and include a study of best practices and trends in other communities.” Since the Notice of Motion is effectively asking Council to reconsider the above motion, I would like to point out the relevant sections of the Procedural By-law: When Council is being asked to reconsider a motion, it may require a two-thirds majority. However, the Procedural By-law states that a Motion passed by a previous Council, would not have the reconsideration rule apply. Lastly, the by-law goes on further to explain that a matter cannot be reconsidered in the event that actions have been taken that, if reversed, would cause undue harm to persons that have relied on the original decision. Motion to Reconsider a Previously Decided Motion 18.24 A Motion to reconsider: a) must be moved and seconded by Councillors that voted with the Majority, in the matter to be reconsidered; b) must be made by Notice of Motion; and c) must be passed by a two-third (2/3) Majority vote of Council. 18.25 Notwithstanding section 18.24 above, the above reconsideration rule shall not apply to the following: a) a Motion passed by previous Councils; Page 891 of 1092 A Great City … For Generations To Come b) a Motion that, while pertaining to a previously decided Motion, does not alter the core purpose or intent of the previously decided Motion; c) a Motion presented in respect of a previously decided matter for the purpose of strengthening or clarifying the original decision; or d) a Motion presented in respect of a previously decided matter for the purpose of moving a matter through a series of necessary steps or phases. 18.26 A matter cannot be reconsidered in the event actions have been taken that, if reversed, would cause undue harm to persons that have relied on the original decision or, in the event that reconsideration would expose the City to liability. It is to this last point that Councils may wish to consider the amounts of money that some businesses have spent as a result of the earlier decisions of Council and if Council feels these are indeed examples of “undue harm to persons that have relied on the original decision”, then it is the writers opinion that the matter should not be reconsidered, as per Council’s Procedural Bylaw. RECOMMENDATION: That Council receive this memorandum for information. Page 892 of 1092 The City of Niagara Falls, Ontario Resolution No. 5 March 21, 2023 Moved by: Seconded by: WHERE AS the Provincial restrictions to reduce the number of people dining indoors and outdoors has been lifted; AND WHERE AS the City of Niagara Falls made allowances and accommodations to assist businesses during the pandemic when dining restrictions were put in place; AND WHERE AS the regulation of the width of a street to meet Provincial Fire regulations was reduced during the pandemic from 6 metres wide to 4.5 metres wide for Centre Street from Victoria Avenue to Ellen Avenue; AND WHERE AS the Provincial restrictions have been removed and the fire regulation of the width of the road of 6 metres should be maintained and enforced; AND WHERE AS the City of Niagara Falls could be liable for the safety and well-being of residents, business owners and tourists if there was an emergency and First Responders are not able to perform their duties because of the width of the road; AND WHERE AS the cost of closure or reducing traffic to one lane cost of Centre Street of $70,000 in 2020, $48,000 in 2021, $13,325 in 2022 and a projection of $14,000 for 2023; AND WHERE AS the taxpayers of the City of Niagara Falls have paid for the closure or reducing traffic to one lane to benefit 3 restaurants from 2020 to 2021 and 2 restaurants for 2022; AND WHERE AS the Victoria Centre Business Improvement Area (VCBIA) and the Clifton Hill BIA held 4 meetings over the course of 2 years with their Board of Directors and on all occasions, the Board voted against the closure or reducing traffic to one lane on Centre Street; Page 893 of 1092 AND WHERE AS the members of the VCBIA prepared a petition this year to oppose the closure or reducing traffic to one lane on Centre Street; AND WHERE AS the administration and strategic management of a Business Improvement Area is the responsibility of the BIA board; AND WHERE AS the VCBIA have taken pictures and videos multiple times during the day during the 2022 tourist season to show the number of people using the patios on Centre Street and that the patios were underutilized; AND WHERE AS a person was struct by a car because of confusion with the traffic, a parked car, unsheltered people blocking the walkway because of the bollards forcing people to walk closer to live traffic. This created a safety issue; AND WHERE AS the equipment that has been used to close or reduce traffic to one lane has not been to the standard of the VCBIA and has made the area look like a construction zone in the heart of the tourist area for the entire tourist season; AND WHERE AS the furniture and fixtures used by the patios have not been to the standard of the VCBIA and has made the area look very un -professional and not world class; THEREFORE BE IT RESOLVED that the VCBIA Chair and Administrator request to be permitted to present their information at the March 21, 2023 City Council meeting; AND THEREFOR BE IT RESOLVED that the City of Niagara Falls Council move that Centre Street revert back to 2 way traffic. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 894 of 1092 1 Michael Stewart To:Bill Matson; Heather Ruzylo Subject:RE: Centre Street One Way Issue From: Lori Lococo <llococo@niagarafalls.ca> Sent: Thursday, February 9, 2023 9:22 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Jason Burgess <jburgess@niagarafalls.ca>; Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Tim Parker <tim@vcbia.ca>; Eric Marcon <eric@hojobythefalls.com> Subject: Centre Street One Way Issue Hi Bill Today, Ruth Ann and I attended our first Victoria/Centre BIA meeting. With a new term of Council, the board would like to add the Centre Street one way traffic issue on the March 21st Council agenda for reconsideration. It is understood that there would need to be a two/third vote to reconsider the topic. If the two/third vote is achieved, then the board would like to make a presentation to Council. Do you require anything from VCBIA? Eric and Tim are copied on this email. Thanks Lori Lori Lococo Niagara Falls City Councillor Home: 905 357 5902 Cell: 905 931 6370 Page 895 of 1092 City Council Meeting Tuesday March 21 2023 5:00 PM Room Council Chambers Page 896 of 1092 VCBIA-Center Street History •Covid 2019 starts •May 2020, VCBIA/Clifton Hill BIA agrees to close Center street for Patios to help restaurant owners •May 2021, VCBIA/Clifton Hill agree to reopen Center street for two way traffic •May 2021, City Council compromises and closes Center only at night for patios with a huge expense to city tax payers. •April 2022, VCBIA/Clifton Hill BIA again request to have Center Street open to two way traffic Page 897 of 1092 VCBIA-Center Street History •2022 , City Council goes against two BIA’s recommendations and develops a plan to make Center street one way for 2022 and 2023 season •June 2022-Sept 2022 , VCBIA and Clifton BIA, record pictures each day of the unused patios while congestion and other business suffer due to the one way street. Page 898 of 1092 VCBIA /Clifton Hill BIA •Both boards have once again voted on the one-way street issue •Both board's again vote in favour of reopening Center Street to two traffic •VCBIA has discussions with city officials to express our concerns •VBCBIA is instructed through the help of city reps to file a notice of motion Page 899 of 1092 VCBIA /Clifton Hill BIA Concerns •After reviewing daily photos at three times a day intervals, patios would appear to be unused •One way street creates a bottle neck as stop cars, delivery vehicles and standing pedestrians in the streetway create a bottle neck and a huge traffic congestion in one of the most busiest intersections of the city and tourist area •Presentation of the one way street from city and operators present the road as a construction area and closed •Discussions with emergency personal agencies raise concern for the BIA as road is not within the 6 meters legal provincial guidelines , thus emergency like fire cannot use equipment in the event of a emergency Page 900 of 1092 VCBIA /Clifton Hill BIA Concerns •Liability now rests solely on the city if a emergency occurs and fire cannot respond or use all there equipment to fight the emergency •Liability now rests solely with the city if a fatality happens due to emergency's services not able to use there equipment due to the narrowness of the road way •Many occasions parked cars and delivery vehicles blocking the road for long period of times •By-law cannot be on site 24 hours a day to move parked vehicles along •Parked vehicles creates a undo risk for emergency vehicles to get to other areas of the city if need to use center street, i.e. Clifton Hill Page 901 of 1092 VCBIA /Clifton Hill BIA Concerns •Cost of moving barriers, region re-working traffic lights while the city struggles with budget cutting back on other services for tax payers of Niagara Falls Page 902 of 1092 Friday July 8 2022 , 1:00PM Page 903 of 1092 Friday July 8 2022, 10:00PM Page 904 of 1092 Saturday July 9 2022, 5:01PM Page 905 of 1092 Saturday July 9 2022, 10:00PM Page 906 of 1092 Sunday July 10 2022 12:01PM , Patios not even set up Page 907 of 1092 Sunday July 10 2022, 5:01PM Page 908 of 1092 Sunday July 10 2022, 10:00PM-Car stopped blocking traffic Page 909 of 1092 Tuesday July 12 2022, 12:05PM-Only one patio set up Page 910 of 1092 Tuesday July 12 2022,6:05PM Page 911 of 1092 Tuesday July 12 2022,10:05pm Page 912 of 1092 Friday July 15 2022,12:01PM-Only one patio set up Page 913 of 1092 Friday July 15 2022, 6:00PM Page 914 of 1092 Friday July 15 2022, 10:00PM Page 915 of 1092 Saturday July 16 2022, 12:01PM-Only one patio set up Page 916 of 1092 Saturday July 16 2022,6:10PM-Pedestrian walking on the street Page 917 of 1092 Saturday July 16 2022,10:01PM Page 918 of 1092 Sunday July 17 2022, 12:01PM-Only one patio set up Page 919 of 1092 Sunday July 17 2022,6:01PM Page 920 of 1092 Sunday July 17 2022,10:00PM Page 921 of 1092 Monday July 18 2022,5:01 PM Page 922 of 1092 Monday July 18 2022, 10:01PM Page 923 of 1092 Tuesday July 19 2022,12:01PM-Only one patio set up Page 924 of 1092 Tuesday July 19 2022, 6:15PM Page 925 of 1092 Tuesday July 19 2022;10:01 PM –Police blocking the street Page 926 of 1092 Wednesday July 20 2022,12:05 PM –Delivery truck blocking the street Page 927 of 1092 Wednesday July 20 2022,6:15PM Page 928 of 1092 Friday July 22 2022, 12:01PM-Only one patio set up Page 929 of 1092 Friday July 22 2022,6:05PM Page 930 of 1092 Friday July 22 2022, 10:00PM Page 931 of 1092 Saturday July 23 2022,12:01PM –Parked car blocking traffic Page 932 of 1092 Saturday July 23 2022,10:01 PM Page 933 of 1092 Sunday July 24 2022,12:01PM Page 934 of 1092 Sunday July 24 2022,6:00PM Page 935 of 1092 Sunday July 24 2022,10:00PM Page 936 of 1092 Monday July 25 2022,12:01PM-Only one patio set up Page 937 of 1092 Monday July 25 2022,6:01 PM Page 938 of 1092 Monday July 25 2022,10:00PM Page 939 of 1092 Friday July 29 2022 5:00PM Page 940 of 1092 Friday July 29 2022 ,10:01 PM Page 941 of 1092 Saturday July 30 2022, 12:01PM-Only one patio set up Page 942 of 1092 Saturday July 30 2022,5:00PM-Complete traffic jam Page 943 of 1092 Saturday July 30 2022, 10:01PM Page 944 of 1092 Sunday July 31 2022,12:01 PM –Only one patio set up Page 945 of 1092 Sunday July 31 2022,6:00pm Page 946 of 1092 Sunday July 31 2022, 10:01PM Page 947 of 1092 Monday August 1 2022, 12:01 PM –Stopped car blocking traffic Page 948 of 1092 Monday August 1 2022,5:00PM Page 949 of 1092 Monday August 1 2022, 10:10PM Page 950 of 1092 Tuuesday August 2 2022,12:01pm Page 951 of 1092 Tuesday August 2 2022,6:00PM Page 952 of 1092 Tuesday August 2 2002,10:01 PM Page 953 of 1092 Saturday August 6 2022, 12:01 PM –One patio set up Page 954 of 1092 Saturday August 6 2022,5:00PM –No Patio use, traffic jam Page 955 of 1092 Saturday August 6 2022,10:00PM –Stopped van blocking traffic Page 956 of 1092 Sunday August 7 2022,12:01 PM –One patio set up Page 957 of 1092 Sunday August 7 2022 5:01 PM –People sitting on barrier Page 958 of 1092 Sunday August 7 2022,10:05 PM Page 959 of 1092 Monday August 8 2022,12:01 PM –One patio set up Page 960 of 1092 Monday August 8 2022,5:01pm Page 961 of 1092 Monday August 8 2022, 10:00pm –One patio closed Page 962 of 1092 Friday August 12 2022,12:01 pm –One patio set up Page 963 of 1092 Friday August 12 2022,6:00pm Page 964 of 1092 Friday August 12 2022, 10:01 pm Page 965 of 1092 Saturday August 13 2022,12:02 PM –One patio set up Page 966 of 1092 Saturday August 13 2022,6:00pm Page 967 of 1092 Saturday August 13 2022,10:05pm Page 968 of 1092 Sunday August 14 2022,12:01 pm –One patio set up Page 969 of 1092 Sunday August 14 2022,6:00pm Page 970 of 1092 Sunday August 14 2022,10:00pm Page 971 of 1092 Friday August 19 2022,12:01 pm –One patio set up Page 972 of 1092 Friday August 19 2022,6:00pm Page 973 of 1092 Friday August 19 2022,10:00pm Page 974 of 1092 Saturday August 21 2022,12:01 pm –One patio set up Page 975 of 1092 Saturday August 21 2022,5:00pm Page 976 of 1092 Saturday August 21 2022,10:13 pm Page 977 of 1092 Thursday August 25 2022,12:01 pm –One patio set up Page 978 of 1092 Thursday August 25 2022,6:05pm Page 979 of 1092 Friday September 2 2022,12:01 pm –One Patio set up Page 980 of 1092 Friday September 2 2022,6:00PM-Car stopped blocking traffic Page 981 of 1092 Friday September 2 2022, 10:00pm Page 982 of 1092 Saturday September 3 2022, 12:01PM-One patio set up Page 983 of 1092 Saturday September 3 2022,6:05pm Page 984 of 1092 Saturday September 3 2022,10:05 pm Page 985 of 1092 Sunday September 4 2022,12:01 pm –One patio set up Page 986 of 1092 Sunday September 4 2022,6:05 pm Page 987 of 1092 Sunday September 4 2022,10:05pm Page 988 of 1092 Tuesday September 6 2022,12:01PM –One patio set up Page 989 of 1092 Tuesday September 6 2022,6:00pm-Only one patio set up Page 990 of 1092 Tuesday September 6 2022,10:05PM –Only one business open Page 991 of 1092 I-IC)CO FUNBY THE FALLS NiagaraSkyWl1eel-GreatCanadianMidwayvNiagaraSpeedway BostonPizza-StrikeRockn’Bowl-Kclseys-Wendys-TimHortons DinosaurAdventureGolf-ZombieAtlocl;-WizardsGolf FudgeFactory-CanadaTradingCompany-WaxHands0 FunFactory March 8,2023 Bill Matson City Clerk City of Niagara Falls Re:Centre Street Closure We are writing again to voice Clifton Hill BlA’s strong opposition to the lane closure of Centre Street proposed for the Spring Summer and Fall of 2023. We have witnessed the effect this lane closer has had on visitor traffic access,customer confusion and heavier traffic congestion on Victoria Avenue.The congestion and disruption of traf?c ?ow also raises concerns about EMS and Fire access to Clifton Hill via Centre Street which in the past would allow Emergency Services to avoid an already busy Victoria Avenue during our peak seasons. As previously stated in February,2022,we do not believe it is good policy for the City to favor selected businesses over others with such actions.The use of the tables placed in the barricaded areas this past summer had,by all accounts and observations,very low patronage. \1 The Victoria Centre BIA opposes this closure and we support their position. Sincerely, Clifton Hill BIA /«~—3©J~” Harry Oakes Chair HOCO Limited -4960 Clifton Hill -PO.Box 60 -Niagara Falls-Ontario 0 Canada -LZE 658 Telephone:903-3575911 o www.cliftonhil.l.i:om-Fax:9053585738 Page 992 of 1092 Ifl: i[ %%%%%%%%% N R March I 5,2022 Bill Matson City Clerk City of Niagara Falls Dear Bill, With the end of the covid I9 emergency phase indicated by the world health organization two months ago we are writing to request that the closure of Centre Street in one direction not be considered for the 2023 tourist season. While done in 202i and 2022 as an attempt to provide covid safety for patrons of several restaurants,the impact on the largerVicoria Avenue and Clifton Hill area has been signi?cant.Access to the area for emergency services was obvious during the summer months with Fire Trucks and Ambulances often standing idle with blaring horns while trying to access the Hill from either a left or right hand turn.Gaining access for our suppliers,employees and indeed our visitors during the closure was equally frustrating.Aestheticallythe all too often empty wooden tables with garbage strewn about was an ugly picture to present to our visitors. With New York City ?nally declaring a ban on street dining we feel it is time for Centre Street to return to normal operations allowing free flow not just for a few but for the entire area of Clifton Hill and VictoriaAvenue. lpco Enterprises Inc. 4967 &4974 Clifton Hill.Niagara Falls,Ontario,L2G 3N5 T 905.357.9660 F 905.354.IOSI E Page 993 of 1092 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-- Centre Street Sidewalk Cafe Program: Motion to Rescind - From: LEDC < Sent: Thursday, March 16, 2023 11:38 AM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Serge Felicetti <sfelicetti@niagarafalls.ca> Subject: [EXTERNAL]-- Centre Street Sidewalk Cafe Program: Motion to Rescind - Good Morning Mr. Matson, I hope this email finds you well. My name is Navin Shahani. I represent Sparks Steakhouse, located at 5019 Centre Street. I would like to be added as a speaker (if required) in the upcoming Council meeting on March 21, 2023 with regards to the Sidewalk Cafe program. I have been made aware that the motion made last year is up for debate and a consideration is being made to rescind the motion, at this said meeting. After last year's Council meeting, whereby a motion was made granting permission to both Centre Street and Fallsview Boulevard to erect sidewalk/street patios, there were assurances given to the businesses to deploy funds, in an effort to beautify their patios. That motion garnered the needed security to go ahead and do so as we could recoup the money over the committed two-year period. I will not speak to what other businesses in my immediate area spent, I will however point out that because of this said motion, I went ahead and spent over $40,000.00 last year alone on new fixtures (tables, chairs, umbrellas, etc.) as well as the building and tearing down of a deck, in order to beautify our patio, as maintaining my commitment to Council and the motion itself was of the utmost importance. If this motion is rescinded, it would pose a significant strain/hardship to my business which could have been avoided if the intent was to have the program only run for the 2022 season and not until the end of the 2023 season, as Council assured, and the motion clearly states. As well, if rescinded, this would not be the first time a council’s motion would put myself and others in a position of spending money on the sidewalk cafe program and then Council changing their mind because of petitioners, and the surrounding BIA’s. I would like to remind you that in the first year of the program, I spent more than $10,000.00 on a fence for when we were granted the complete street closure, which was rescinded in the first two weeks. This made way for a timed daily opening and closing of the street. I further spent $7,000.00 on temporary stanchions to create a buffer between the road way and our patio as demarcation at that time because of this said change. Each and every time, all monies spent were based solely on motions made and passed by our Council. I would like to end by stating that the clear objective of the sidewalk café/patio program is to support and facilitate business, not to hinder it. Page 994 of 1092 2 Thank You In Advance, Navin Shahani Sparks Steakhouse CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 995 of 1092 Petition to Discontinue the One-Way Street with Outdoor Road Patios on Centre St.between Ellen Ave and Victoria Ave. The vast majority of business owners on Centre St.do not want the continuation of the one-way street with outdoor patios placed on the road between Ellen Ave and Victoria Ave during the 2023 tourist season. The outdoor road patios were well utilized when indoor dining was restricted due to Covid-19. However,this past summer they were largely unoccupied and were closed for a significant time.By remaining vacant they gave an impression that the street was closed for business.This dissuaded walking traffic from entering Centre St from Victoria/Clifton.Some businesses have suffered a decrease in revenue after its installation. in addition to the concrete barriers being an eyesore,they were a hazard to pedestrians who preferred to walk on the road due to the length of the concrete barriers,which made it difficultto cross the street.As well, vehicles would often go the wrong way,and emergency vehicles would sometimes be held up due to bottleneck traffic caused by the restricted one~way lane. We have supported the three businesses in their time of need,but it's time to open up the street again. Printed Name Signature Business Name and Address I ?/RE//4 K?zlit//l//U0 /Pogmaletb S7290£6‘/I/ f2”¢’$ 7f Page 996 of 1092 @ Maw N lvcnnawxa «\- .’151+L7LgONFHBTD - ‘SE31 Outdoor Road I 5%0 la main ‘Am. Petitionto iscontin pavv*\~\‘r\5 \oI'k\‘_I 5.035 C9'\‘5rQ~«-3*fvfdxg Vwhm->ld+s'—'3ecLiwL5L:9gl/,3“Naoevxh. EoV‘4*\°,\0i—5 ‘T’.S on,&\_66»4u Prwe.~ ‘ue the One-_yStreet with Patios on Centre St.between Ellen Ave and Victoria Ave. Printed Name Signature Business Name and Address N‘litQeumLtVino ‘tr W rq /(0?0h7D! 50”(“LL (_"§_-/\/‘T/'<£; r:.z:=T.< u 992,7-)—Can-are .9: New VDKK CH/Mm k€5r~ I v9 go)‘-Z—-g-ehkm g-i./A/0/xvi/are/— 7‘IL¥/3 ' §@ 505%(Wag paws IN/‘{ 5700 Cénrre s'7‘— C’,La»“a’/“ Dal%w-.5709Centre ch‘, 0 ‘/ ‘ V'A9ilZ7/-‘OsAV?(i4ov $ 0otLuiy VR; /‘W 1 i am Siffhs gbtgg fils <2 Qg?gr:M r 5“PWKAASg_‘t+.?u~\e- \5568’w\ce\~.»o.s\Rvc . ’_ c.ow«evc-a\‘y¢I=‘f>°('\"7/owners - 5’o=+=\Cbréikaf 3%.ums»~«~24, Page 997 of 1092 @ Petition to Discontinue Outdoor Patios on Centre St. F Printed Name Signature i Address I§’Ai‘/I \O«cc‘..r.'[iu |{é 05 /7oé"m.1 50 04/Ma &m.i SON (M31:6”;: Sbgg»aloe). /1%_§_67“!Le $i\e 3+/ W ‘! ' ~:SE7?II 7 1%£140 %» 9}c,\\\'‘€‘m.‘l7ft?ixe?i‘UV)P0?!’9~ Page 998 of 1092 Page 999 of 1092 1 Heather Ruzylo Subject:]-Fw: Center Street update From: lburland@falls.com Sent: March 8, 2023 1:22 PM To: tim@vcbia.ca Cc: dinod@niagarafallshotels.com; ipcoenterprises@gmail.com; mstrange@niagarafalls.ca; hoakes@cliftonhill.com; jnoden@cliftonhill.com Subject: RE: Center Street update Good afternoon Tim, Attached is my letter in support of keeping Centre Street a two-lane road. I do have another issue that you might want to include which I did not address in my letter. During Covid the AGCO has been lenient in their policies, allowing businesses to open up patios. Now that this has been lifted what are these businesses doing to prevent under-age drinking and ensuring that sufficient security is in place to keep our visitors safe. Lisa From: Harry Oakes <hoakes@cliftonhill.com> Sent: Monday, March 06, 2023 9:08 PM To: Joel Noden <jnoden@cliftonhill.com> Cc: tim@vcbia.ca; lburland@falls.com; Dino DiCienzo Jr <dinod@niagarafallshotels.com>; Ian Paul <ipcoenterprises@gmail.com>; Mike Strange <mstrange@niagarafalls.ca> Subject: FW: Center Street update Hi Joel While I am out of town appreciate if you look at updating previous BIA letter from last year regarding Center Street which we sent the City . Suggest in addition to our concerns over customer traffic access we also include concern over emergency vehicle access including EMS and Fire to Clifton Hill via Center Street which often avoids the heavier congestion on Victoria Avenue. Also coordinate with Lisa Burland to see if she can add letter to also support Clifton Hill position, I think they have a remote parking lot on Center Street which is no longer convenient due to Center Street b eing blocked. See if you can get Dino or Chris Mason to also add letter to support position from Canadian Niagara Hotels. Thanks Harry From: tim@vcbia.ca <tim@vcbia.ca> Sent: March 6, 2023 8:21 AM To: Patrick Steier <psteier@n21inc.com>; Eric Marcon <eric@hojobythefalls.com>; Vince Kerrio <vkerrio@niagarafalls.ca>; 'Amyn Kassam' < DiCienzo Anthony <anthonyd@niagarafallshotels.com>; Mike Bufalino < fred@romancheese.com; tishd@americananiagara.com; 'Anthony LaPenna' < Mary Roberts <roberts@ripleys.com>; Page 1000 of 1092 2 lburland@falls.com; 'Ruth-Ann Nieuwesteeg' <rnieuwesteeg@niagarafalls.ca>; 'Lori Lococo' <llococo@niagarafalls.ca> Cc: Harry Oakes <hoakes@cliftonhill.com> Subject: Center Street update Good morning VCBIA Board Of Directors. I just want to give you a update of Center Street. After our board meeting , Eric and myself had a meeting with Serge( Economic Development ) , Jason( City Manager) and Gerald (By-Law). The meeting was to cover our relationship with the city, food trucks and Center street. In a nut shell Jason tried to tell us that there was really nothing we can do except go back to the city with some recommendations on how we can “ modify “ the Center street one way for this season. Jason suggested we talk about patio furniture and other logistics about Center street and was very clear that the decision for this year to have the bylaw rescinded was not going to happen. We left the meeting very disappointed at Jason’s approach and assistance in the matter. Lori then decided to put things in motion with the city clerk to bring forth notice of motion ( attached here ) and was successful in gathering support to have the notice of motion put on the March 21 meeting. Lori was also successful in speaking with the Fire Chief to gather more information. She has also spoke to other councillors and helped explain to them our situation. Eric and myself also spoke with the Fire Chief last week. The Fire Chief explained to us his position. He will state the facts. And the fact is that they cannot use all the tools in there tool box to fight a fire on Center street if one should occur when the barriers are there during the one way street. A example is the latter truck could not be used as the out riggers would not fit with the street blocked. So to sum it up , the street is at a very high risk if fire breaks out. We left the meeting really understanding the conditions and risk we ALL take as a board and as the city ( with fire issues ) if the street returns to one way. The Fire Chief will tell the facts at the March 21 meeting. Going forward we plan to put together a presentation for council again with all our concerns and our position of the Center street one way proposal for this season. It will be backed up by many photos of last years street showing how no one used the patios and all the other facts. We are hopeful by just the fire risks involved that council will rule in our favour and shut down this so called “ Pilot Project “ of one way on Center street for good. I must tell you that two Center operators are pushing hard to keep it one way for this season and seasons to come. They have started on line petitions and speaking with other operators in the area and spreading propaganda. We need to stand in unity and please try to make a presence at City Hall in Council Chambers on March 21. I alone can’t make the presentation with no one in the gallery. You must come out and support this if you want to make it happen. Page 1001 of 1092 3 I will again be asking Clifton Hill BIA for there support with a letter and support the night of from them. I have spoken to Clifton Hill BIA and they support the non closure or one way of center street. If you have any questions , concerns or further direction , please call myself or email myself. Thanks Tim Parker Office Administrator Victoria Centre BIA Niagara Falls Convention Centre 6815 Stanley Avenue, Niagara Falls L2G 3Y9 Phone: 905-357-6222 x 7234 Cell: 905-714-3828 www.TopOfCliftonHill.com CLIFTON HILL DISTRICT – VICTORIA AVENUE CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1002 of 1092 1 Heather Ruzylo Subject:FW: Center Street update From: Tim Parker <tparker@wildplay.com> Sent: Thursday, March 16, 2023 5:54 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-FW: Center Street update Bill, not sure if Serge sent this to you , but please add this other correspondence to the agenda list from Joe Leo at the Fallsview Group which own property on Clifton Holl. . Thanks Tim Parker Office Administrator Victoria Centre BIA Niagara Falls Convention Centre 6815 Stanley Avenue Niagara Falls, ON L2G-3Y9 Phone 905-357 -6222 X 7234 Cell -905-714-3828 www.topofcliftonhill.com From: hoakes@cliftonhill.com Sent: March 11, 2023 8:15 AM To: jnoden@cliftonhill.com Cc: tim@vcbia.ca Subject: FW: Center Street update FYI From: Joe Leo <joeleo@fallsviewgroup.com> Sent: March 10, 2023 4:24 PM To: Harry Oakes <hoakes@cliftonhill.com>; Serge Felicetti <sfelicetti@niagarafalls.ca> Subject: FW: Center Street update Hi Serge, It has been brought to my attention that the road closures that have occurred during the past few years on Centre Street may again happen this upcoming season. As a business operator on Clifton Hill with 3 restaurants, attractions and an arcade, I would like to go on record as being opposed to this idea. I share the same concerns as other operators in the area, the impact of restricting direct access to the highway via Centre Street has resulted in traffic backlogs that are detrimental to the area. Tourists will be discouraged from visiting the Clifton Hill/Victoria Avenue area if forced to deal with long delays and lineups. Page 1003 of 1092 2 I feel that Centre Street should be left open for the benefit of all parties. We need to enhance the visitor experience in our area, not discourage with traffic congestion. Regards, Joe Leo Sent from Mail for Windows Page 1004 of 1092 Notice of Motion Opposition Centre Street Patio Agreement 2022/2023 Yank’s Bar & Grill Phil Pasco, OwnerPage 1005 of 1092 Overview Welcome & Introduction Notice of Motion Opposition Next Steps Conclusion Page 1006 of 1092 Topic Area 1 & 2 WHERE AS the Provincial restrictions to reduce the number of people dining indoors and outdoors has been lifted; AND WHERE AS the City of Niagara Falls made allowances and accommodations to assist businesses during the pandemic when dining restrictions were put in place; ●Over fixation on the past (Respond Sector) ●Propelling towards future recovery (5 Year Minimum) ●Debt recovery stage ●Staff fulfillment, over hiring, contractual obligations will become an issue Page 1007 of 1092 Topic Area 3, 4 & 5 AND WHERE AS the regulation of the width of a street to meet Provincial Fire regulations was reduced during the pandemic from 6 metres wide to 4.5 metres wide for Centre Street from Victoria Avenue to Ellen Avenue; AND WHERE AS the Provincial restrictions have been removed and the fire regulation of the width of the road of 6 metres should be maintained and enforced; AND WHERE AS the City of Niagara Falls could be liable for the safety and well being of residents, business owners and tourists if there was an emergency and First Responders are not able to perform their duties because of the width of the road; ●Width of 4.5 metres was deemed safe and enough room in year 2021 and 2022 and was not a problem for two years ●Various fire officials deemed it more than enough room ●Smaller streets nearby with less room deemed safe ●Extra security has been hired all summer longPage 1008 of 1092 Niagara On The Lake and Toronto both have patio programs running in 2023 with no oppositions or complications from safety/fire officials.Page 1009 of 1092 Topic Area 6 & 7 AND WHERE AS the cost of closure or reducing traffic to one lane cost of Centre Street of $70,000 in 2020, $48,000 in 2021, $13,325 in 2022 and a projection of $14,000 for 2023; AND WHERE AS the taxpayers of the City of Niagara Falls have paid for the closure or reducing traffic to one lane to benefit 3 restaurants from 2020 to 2021 and 2 restaurants for 2022; ●City of Niagara Falls now owns many assets, projecting less costs in the future ●Taxpayers have spent much more for many renovations benefiting other nearby establishments ●The large sum of money upfront was a result of unprecedented times and opening and closing the street each day ●No mention of the benefit towards business employees, students, vendors, suppliers and additional surrounding establishments who use the patio for no cost ●Too fixated on “the benefit” of only 2 or 3 restaurantsPage 1010 of 1092 Topic Area 8, 9 & 10 AND WHERE AS the Victoria Centre Business Improvement Area (VCBIA) and the Clifton Hill BIA held 4 meetings over the course of 2 years with their Board of Directors and on all occasions, the Board voted against the closure or reducing traffic to one lane on Centre Street; AND WHERE AS the members of the VCBIA prepared a petition this year to oppose the closure or reducing traffic to one lane on Centre Street; AND WHERE AS the administration and strategic management of a Business Improvement Area is the responsibility of the BIA board; ●No representation/opposition from Centre Street employees in any of these meetings ●A petition/poll has been prepared as well from Centre Street employees ●No time to prepare an opposition statement or gather anythingPage 1011 of 1092 101 Niagara Residents voted to keep the patio with 2 people voting against, within 24 hours Page 1012 of 1092 Topic Area 11 AND WHERE AS the VCBIA have taken pictures and videos multiple times during the day during the 2022 tourist season to show the number of people using the patios on Centre Street and that the patios were underutilized; ●Members of Centre Street establishments have also taken pictures and videos showing the patios well beyond utilized ●The times and days are chosen by the VCBIA, influencer bias ●Customers from Starbucks and nearby businesses used it daily ●Tourists who needed to sit down after walking all day used it daily Page 1013 of 1092 Page 1014 of 1092 Page 1015 of 1092 Page 1016 of 1092 Page 1017 of 1092 Topic Area 12 AND WHERE AS a person was struct by a car because of confusion with the traffic, a parked car, unsheltered people blocking the walkway because of the bollards forcing people to walk closer to live traffic. This created a safety issue; ●Every 10 minutes, someone from Niagara visits an emergency department because of an injury. Injuries include all the ways people can be physically hurt, impaired or killed. Injuries can be intentional or unintentional. ●There is an average of 3,200 emergency department visits and 315 hospital admissions due to motor vehicle collisions (Retrieved from the Niagara Region website) ●No police report admissible ●One accident should not dictate a patio closure ●Safety concerns are EVERYWHERE, not just Centre StreetPage 1018 of 1092 Topic Area 13 & 14 AND WHERE AS the equipment that has been used to close or reduce traffic to one lane has not been to the standard of the VCBIA and has made the area look like a construction zone in the heart of the tourist area for the entire tourist season; AND WHERE AS the furniture and fixtures used by the patios have not been to the standard of the VCBIA and has made the area look very un-professional and not world class; ●No “standard” of the VCBIA has been provided to Centre Street establishments (furniture, lights, paint, etc) ●VCBIA has not replaced garbage cans, light fixtures, sidewalks, but elsewhere have been renovated ●Same barricades used at Casino & bottom of Niagara Falls ●Without the patios, Centre Street looks abandonedPage 1019 of 1092 Next Steps Page 1020 of 1092 Therefore be it resolved, City of Niagara Falls fulfil the patio program for Centre Street as PROMISED and AGREED UPON for 2022/2023 Page 1021 of 1092 Thank You Page 1022 of 1092 Page 1023 of 1092 Page 1024 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Time to discontinue Centre St. patios From: ramunno ramunno < Sent: Friday, March 17, 2023 9:54 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Time to discontinue Centre St. patios Importance: High Dear Mr.Mayor and Council Members- By now, you've probably been inundated with emails from supporters of the outdoor patios on Centre St. who actually have no stakes invested other than losing the privilege to drink alcohol outside on a public roadway. Businesses on Centre St. initially supported the 3 businesses involved with the outdoor patios when Covid restricted indoor dining. That ship has sailed a long time ago. The first year the outdoor patios did quite well when indoor dining was restricted. That season alone should have been enough to recoup any expenses incurred in setting up the outdoor patios. However, last season was a different story. The outdoor patios were poorly attended, often vacant for long periods of time. The vacancies along with the aesthetically poor design acted as a deterrent to pedestrians from entering Centre St. Our business suffered a 25% drop in revenue immediately following the installation of the patios. I'm hearing from several other businesses similar losses were incurred. Along with the poor design, the lengthy concrete barriers are hazardous to pedestrians who are often seen climbing over them and walking in the middle of the narrow 1-way street. If you ask all the other businesses in the area which have an actual stake invested you will find all of them would agree to open up the streets again without any obstructions including street patios. To be fair, such an accommodation should benefit the entire street, not just 1 or 2 businesses to the detriment of the others. Page 1025 of 1092 2 Please consider our concerns and reverse the current by-law. Thank you. Nick Ramunno Rockworld (on Centre St +40 yrs) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1026 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]- From: Andrea Pante < Sent: Tuesday, March 7, 2023 8:59 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]- We support yanks patio! Best local hangout staff and atmosphere! Indoor and outdoor seating is amazing! We all love the outdoor dining area enjoying the beautiful weather and outdoor atmosphere! Out door seating in the nice weather makes every one so much happier and better reviews overall! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1027 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Regarding yanks on centar st niagara falls From: Beodan Skoric < Sent: Tuesday, March 7, 2023 9:20 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Regarding yanks on centar st niagara falls I fully support padio at yanks on centar st CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1028 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Centre Street Patios From: Carla Antonio < Sent: Friday, March 3, 2023 1:49 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Centre Street Patios Hello council :) I am writing in support of the patios on Centre Street! Not only for the businesses but for the people who visit the area to enjoy something unique.. a great little 'nightlife' hotspot. It's beneficial all around. I worked on Centre for over 15 years and always wished we could have that. It was so nice to finally see that happen and enjoy it as a patron. Thanks for listening! Carla -- Carla Antonio CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1029 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Request To Approve Patios On Centre Street - Niagara Falls From: D'Addio, Celeste <cdaddio@starmetrolandmedia.com> Sent: Friday, March 3, 2023 4:59 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Request To Approve Patios On Centre Street - Niagara Falls Hello Council Members Please accept this email request for the approval of Patios on Centre Street this season, our local businesses continue to need assistance in order to help their business thrive in the summer. Our local community and tourists love it. Local businesses is the foundation of our community , they need continued support from all! Celeste D’Addio l Senior Media Consultant Metroland Media l Niagara Region Mobile: (cdaddio@metroland.com www.starmetrolandmedia.com In line with industry best practices please do not send credit card information by email All advertising is subject to the standard advertising terms and conditions of the applicable publication/digital property: Free Daily News Group Inc.; Toronto Star Newspapers Limited; or Metroland Media Group Ltd. This email was sent by the Star Metroland Media division of Metroland Media Group Ltd., One Yonge Street, 4th Floor, Toronto, ON M5E 1E6, 416-869-4070, www.starmetrolandmedia.com. If you no longer wish to receive emails about advertising opportunities from this publication/digital property or have received in error, please forward this message to OptOut- sales@metroland.com to unsubscribe. Find out more at our privacy policy CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1030 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Centre Street Patios From: Dave Rotella < Sent: Friday, March 3, 2023 7:49 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Centre Street Patios Good morning I’m emailing on behalf of Yanks Old Niagara and other businesses on that block of Centre Street. I, like many think that the street should actually be shut down to vehicles and allow businesses to have their patios. Other cities do this. It will increase revenues for these businesses and I think it brings a great vibe to that part of the city. Nobody wants to drive down there anyways as it is a bottle neck of cars. These restaurants got hit pretty badly during COVID, give them a break and let them have this additional revenue stream. It’s a win-win! Regards, Dave Rotella Jr. DANIMA Creative Group WEB | PRINT | MEDIA www.danima.com @danimacreative Light of Day Canada dave@lightofdaycanada.com www.lightofdaycanada.com @lodcanada “Enjoy every sandwich” – W. Zevon CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1031 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Street closure -----Original Message----- From: David Pettay < Sent: Friday, March 3, 2023 10:59 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Street closure I support the patio on centre street , why can small business not survive , it’s because the major hotel owners keep running the city , when will this ever stop! Yanks is a great restaurant and family owned for 25 years and they support local and cater to locals! Other great tourist cities do this exact same thing! Honor the agreement that was agreed upon ! Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1032 of 1092 1 Heather Ruzylo Subject:RE: CENTRE STREET PATIO -----Original Message----- From: Emily Pasco < Sent: Tuesday, March 7, 2023 9:15 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: Re: CENTRE STREET PATIO To all council members, The message below still applies and it’s truly shame that we have to fill your mailboxes but we will gladly do it! See you all for patio season on Centre Street! Keep in mind our hours of operation. Maybe then you’ll all be able to see the countless people enjoying the patios on Centre Street and be able to take some photos of that for your camera rolls. Cheers, Emily Pasco > On Feb 7, 2022, at 17:38, Emily Pasco < wrote: > > To all council members, > > As a bartender who currently works on centre street and has worked the last two successful patio seasons, it frustrates me that this is still even a conversation worth debating. If only I had a dollar for every time I heard “why isn’t there a patio every summer?” Or “why did the curt take so long to approve this, it’s a no brainer”, I’d be rich. FINALLY, businesses that don’t exactly sit on Clifton hill are starting to liven up and create an attraction to Centre Street for the residing businesses. > > Please take into consideration that the restaurants have suffered greatly within the last two years (all being Niagara Falls resident owned) and having a patio generates extra income allowing those restaurants to remain open instead of becoming yet ANOTHER eye sore in our city. > > Also take into consideration that you had already approved the 2022 patio season. You said it not me. I’m sure you have all received plenty of emails but that’s what happens when people support other members of the community. > > Thanks for your time, > Emily Pasco > > Sent from my iPhone Page 1033 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks -----Original Message----- From: Jake Marr <jake.marr@yahoo.com> Sent: Monday, March 6, 2023 2:38 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks Let Yanks have their patio. So ridiculous. Sent from my iPad CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1034 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Centre Street Patios From: John Navarroli < Sent: Tuesday, March 7, 2023 9:42 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Centre Street Patios I support the Centre street patios! Excellent vibe in the summertime it should be a permanent feature. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1035 of 1092 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Keep Centre Street Patio’s OPEN From: Julia Pasco < Sent: Wednesday, March 15, 2023 9:51 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Keep Centre Street Patio’s OPEN Dear Council Members, My name is Julia, and I am the manager at Yanks Bar & Grill. I am writing to request that the city allows Yanks patio, and all patios on Centre Street to remain open this summer season. Our patio has become an integral part of our business, providing a safe and enjoyable outdoor dining experience for our customers. Our patio has also been a great benefit to the community, providing a gathering place for residents and visitors alike. The positive feedback we have received from our customers has been overwhelming, and we believe that our patio has contributed to the revitalization of the Centre Street/Victoria area. As a small business, the patio has also helped to keep the doors open and all employees working during some very difficult last few years. I know that without it, we would have had to lay off 50% of our staff. We have made every effort to comply with all health and safety guidelines and regulations, and we will continue to do so moving forward. We respectfully request that the city council considers allowing our patio to remain open for the upcoming summer season. We believe that this will be a great benefit to our business, the community, and the local economy. Thank you for your time and consideration. Sincerely, Julia Pasco CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1036 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks patio From: Kaitlyn Penaranda < Sent: Tuesday, March 7, 2023 8:59 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks patio We support yanks patio, such a great time, staff and atmosphere! Best local hangout, indoor and especially outdoor seating are amazing and something many people look forward to! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1037 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks patio From: Katherine McKean < Sent: Tuesday, March 7, 2023 9:49 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks patio Keep your word. What have you got if you don't have your word? Nothing. Integrity is what matters. Let them have the patio at yanks. You agreed to something, you'd hold the public to it, now we are holding you to it. Good day CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1038 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks patio From: Wes Polston < Sent: Monday, March 20, 2023 12:19 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks patio To whom this may concern.I hope this email finds you well My name is kerri polston.I was hired and yanks bar and restaurant last august due too shortage of workers due to pandemic. It was a busy summer as the patio generated a lot more business.I was told we were guaranteed two summers with the patio.I’m in fear without the patio they will have to layoff staff again and loose employees that are reliable and an asset to their business as well As loss of income for the employees that are residents of Niagara I really hope you take into consideration the loss of income for restaurants and people in service industry who have still not recovered from the pandemic Thank you for your time Kerri polston CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1039 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Centre Street From: Laura Revill < Sent: Friday, March 3, 2023 8:44 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Centre Street To Whom It May Concern: Please continue to allow patios on Centre Street during the summer months! All businesses need our support, especially local restaurants. Having outside patios allows them more business and is nice not only for tourists, but as a local resident I enjoy them as well. Having traffic flow changed is a small price to pay for some long standing businesses being able to survive in times that are difficult for so many. Thank you, Laura Revill Niagara Falls, On CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1040 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks Patio From: Kirsten White < Sent: Sunday, March 19, 2023 1:24 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks Patio To whom it may concern, As a member of yanks staff on and off for the past 8 plus years, it has been amazing to see a patio & such a staple family owned restaurant pull through during the hard time of covid due to that amazing patio. Last year we got approved for a patio for 2 years and they hired staff & bought products for it based on that decision. Now that we are approaching the patio season it is now being threatened to get taken from us again. I came back during patio season last year to help out and now expecting a little baby in the fall and was really counting on shifts picking up due to patio & warm weather approaching. Plus the atmosphere it brings to centre street in the summer with the patio has been amazing to see and enjoy! I truly think it would be a big mistake plus very disappointing for workers & business owners to not allow us to have it back this year. Kirsten White Yanks bartender/server CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1041 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Fwd: Centre.Street Patios ---------- Forwarded message --------- From: Philbert Yankovich < Date: Sun., Mar. 19, 2023, 1:44 a.m. Subject: Centre.Street Patios To: Jake Maiuri > Good Day Mr. Mayor, Council and Staff. I hope this email finds you All well. I appologize if I go too long, but this a very important program for which my family is very grateful. It has kept us operating and I hope it will help get us through the Covid Hangover. We are not out of the woods just yet. I didnt think this letter would be neccessary. But I see the VCBIA Board Is trying to shut us down , again, while other Cities like TORONTO Has made the Cafe T.O program permanent and Niagara On The Lake have as well. No notice, no discussion , not a phone call. Very little support since the beginning, so not surprised, but Sad to learn. When council and staff told us we had 2 years to operate the patio, my staff and I budgeted for just that. This coming At a time when I was, (and still today) in debt more than when I bought my p lace 28 years ago. I spent borrowed money on Furniture, fixtures ,supplies etc. My staff put in place Marketing programs in anticipation of a 2 year Patio operation. More importantly, At a time when its been extremely difficult to Find good Staff, I gave My word to New, Full and Partime staff members, that I would need them for at least the next 2 years based on the Decision of Council. I have more than doubled my staff because of the patio program. One of our servers (Emma)is a New mom! Another (Kirsten)is expecting in the Fall. Three are fulltime Brock U Students. We also have a young busser(Abbey) who is looking forward to serving this year in Anticipation of attending Brock U in the Fall. We also have a new Kitchen Hand who recently inherited his Nannas home. Being able to prove fulltime employment since last spring has let him become a new home owner and taxpayer here in Niagara. I hope you see the Great that this 2 year program/study has created. I also hope you can realize the damage it can cause by shutting it down. Please dont put me in a position to tell these young people I wont need their help this year. I will try to briefly rebutt the New Motion from The vcbia board. Third on the list, but most Important. Safety. City staff has done an impeccable job on set up. If Not for ALL the great CITY staff this would have not happened. In speaking with a 25 year veteran of Niagara Falls Fire Dept ,he assured me that if it wasnt safe for his staff and the public 2 years ago, it would not have been approved. He also told me ,that if there was a full fire event on Centre. St with the patio set up as is, the staff would have NO safety issues or concerns to perform their duties. He also noted that there are several other city streets that are not 6 metres, As well as some in Chippawa. Point 6 on the list. The cost in the First year was high. Everyone involved was thinking with their hearts. I think its safe to say, it was everyones First Pandemic. Page 1042 of 1092 2 But the COST DIDNT JUST BENEFIT the Patio operators. It would have been 4 patios, but New York Restaurant declined. After 2 or so weeks, the Hotel,Motels, and parking lot operators on the otherside of Ellen Ave, felt their business was being hindered by the Full Closure. So council Decided we needed a compromise. And a Company was hired to open and close daily. Most of that $70 k was spent to help those business. And it worked!! Now that the city Owns the Safety Barriers, they are an asset. According to staff ,re usable for many years to come. And now that they are stored on city owned property they can probably be installed this year by city staff, further reducing any cost . I believe the economic benefit far outways any cost to taxpayers. I also Believe some funds were used From Federal/Provincial COVID RELIEF PAYMENTS to offset any cost to taxpayers. In a related Covid street project, Hoco, and Clifton Hill BIA Asked council to approve a 1.1 Million dollar sidewalk widening . It went thru very quickly. I believe the BIA paid for half and HOCO paid The other half thru a Five year Loan from Local Taxpayers. I also believe that 15 or so paid parking spaces were removed to accomodate this project. I heard local taxpayers have lost $200 thousand dollars a year in lost revenue?? if my numbers or information are incorrect, I appologize, but can be clarified by city staff Im sure. As for point 11. I dont tell anyone how or when to operate their business. And again the vcbia board members should know ,we dont ALL Have the cash to find staff and be open 24/7. Nor should you kick your neighbours when they are down. In the Old days we were All in this game together. As for the Safety Barriers and Furniture NOT BEING WORLD CLASS??? There are a bunch in Front of The World Class Fallsview Casino keeping Patio customers safe on the Hilton Patios and Another huge Line of the exact same Safety Barriers in Front of the World Class Niagara Falls Itself!! Not sure who or what board came up with that one. In closing I again want to appologize for the lengthy email, but this is very important to many Local people, taxpayers and suppliers. If your able, on your way to council tuesday, please drive down Ellen Ave and make the left Onto Centre. St. and Get the view I get everyday , and if you can, please point out the World Class surroundings. Any questions please feel free to call me. Thanks for your time. Phil, Carla, Matthew and Samuel. The Pasco Family. Yanks Bar and Grill est 1995. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1043 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Centre Street Patios -----Original Message----- From: Linda Kane -Crocco < Sent: Sunday, March 19, 2023 3:25 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Centre Street Patios To whom it may concern please let this email serve as my support for the patios operators on Centre Street in our a great city of Niagara Falls I grew up minutes from Centre Street my whole life and it has never looked so vibrant. Sincerely a tax paying citizens of the city of Niagara Falls. Anthony Crocco Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1044 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Outside patios From: Marjorie Allison < Sent: Friday, March 3, 2023 4:28 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Outside patios We are fully in agreement with the outside patio at Yanks… Marj & Al Allison CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1045 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Council Meeting Tuesday From: Jake Maiuri < Sent: Sunday, March 19, 2023 4:22 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Council Meeting Tuesday Good afternoon Mr. Mayor and councilors, My name is Jake Maiuri. I am a high school teacher at Saint Paul Catholic High School and an instructor at Brock University. My uncle, Phil Pasco (owner of Yank’s on Centre Street), is out of the country this week, and will not be present at the meeting on Tuesday. I spoke with him today and he has mentioned that he sent an email this morning to council - wishing for it to be uploaded to the meeting agenda and read. Furthermore, he has asked me to send over his presentation to you as well, also wishing for this to be uploaded to the meeting agenda and read. I will be there Tuesday afternoon. See below: Council Meeting - March 21st docs.google.com From Phil: Good Day Mr. Mayor, Council and Staff. I hope this email finds you All well. I appologize if I go too long, but this a very important program for which my family is very grateful. It has kept us operating and I hope it will help get us through the Covid Hangover. We are not out of the woods just yet. I didnt think this letter would be neccessary. But I see the VCBIA Board Is trying to shut us down , again, while other Cities like TORONTO Has made the Cafe T.O program permanent and Niagara On The Lake have as well. No notice, no discussion , not a phone call. Very little support since the beginning, so not surprised, but Sad to learn. When council and staff told us we had 2 years to operate the patio, my staff and I budgeted for just that. Page 1046 of 1092 2 This coming At a time when I was, (and still today) in debt more than when I bought my place 28 years ago. I spent borrowed money on Furniture, fixtures ,supplies etc. My staff put in place Marketing programs in anticipation of a 2 year Patio operation. More importantly, At a time when its been extremely difficult to Find good Staff, I gave My word to New, Full and Partime staff members, that I would need them for at least the next 2 years based on the Decision of Council. I have more than doubled my staff because of the patio program. One of our servers (Emma)is a New mom! Another (Kirsten)is expecting in the Fall. Three are fulltime Brock U Students. We also have a young busser(Abbey) who is looking forward to serving this year in Anticipation of attending Brock U in the Fall. We also have a new Kitchen Hand who recently inherited his Nannas home. Being able to prove fulltime employment since last spring has let him become a new home owner and taxpayer here in Niagara. I hope you see the Great that this 2 year program/study has created. I also hope you can realize the damage it can cause by shutting it down. Please dont put me in a position to tell these young people I wont need their help this year. I will try to briefly rebutt the New Motion from The vcbia board. Third on the list, but most Important. Safety. City staff has done an impeccable job on set up. If Not for ALL the great CITY staff this would have not happened. In speaking with a 25 year veteran of Niagara Falls Fire Dept ,he assured me that if it wasnt safe for his staff and the public 2 years ago, it would not have been approved. He also told me ,that if there was a full fire event on Centre. St with the patio set up as is, the staff would have NO safety issues or concerns to perform their duties. He also noted that there are several other city streets that are not 6 metres, As well as some in Chippawa. Point 6 on the list. The cost in the First year was high. Everyone involved was thinking with their hearts. I think its safe to say, it was everyones First Pandemic. But the COST DIDNT JUST BENEFIT the Patio operators. It would have been 4 patios, but New York Restaurant declined. After 2 or so weeks, the Hotel,Motels, and parking lot operators on the otherside of Ellen Ave, felt their business was being hindered by the Full Closure. So council Decided we needed a compromise. And a Company was hired to open and close daily. Most of that $70 k was spent to help those business. And it worked!! Now that the city Owns the Safety Barriers, they are an asset. According to staff ,re usable for many years to come. And now that they are stored on city owned property they can probably be installed this year by city staff, further reducing any cost . I believe the economic benefit far outways any cost to taxpayers. I also Believe some funds were used From Federal/Provincial COVID RELIEF PAYMENTS to offset any cost to taxpayers. In a related Covid street project, Hoco, and Clifton Hill BIA Asked council to approve a 1.1 Million dollar sidewalk widening . It went thru very quickly. I believe the BIA paid for half and HOCO paid The other half thru a Five year Loan from Local Taxpayers. I also believe that 15 or so paid parking spaces were removed to accomodate this project. I heard local taxpayers have lost $200 thousand dollars a year in lost revenue?? if my numbers or information are incorrect, I appologize, but can be clarified by city staff Im sure. As for point 11. I dont tell anyone how or when to operate their business. And again the vcbia board members should know ,we dont ALL Have the cash to find staff and be open 24/7. Nor should you kick your neighbours when they are down. In the Old days we were All in this game together. As for the Safety Barriers and Furniture NOT BEING WORLD CLASS??? There are a bunch in Front of The World Class Fallsview Casino keeping Patio customers safe on the Hilton Patios and Another huge Line of the exact same Safety Barriers in Front of the World Class Niagara Falls Itself!! Not sure who or what board came up with that one. In closing I again want to appologize for the lengthy email, but this is very important to many Local people, taxpayers and suppliers. Page 1047 of 1092 3 If your able, on your way to council tuesday, please drive down Ellen Ave and make the left Onto Centre. St. and Get the view I get everyday , and if you can, please point out the World Class surroundings. Any questions please feel free to call me. Thanks for your time. Phil, Carla, Matthew and Samuel. The Pasco Family. Yanks Bar and Grill est 1995. Thank you for everything, Jake Jake Maiuri, BA, BEd, MA, PhD Saint Paul Catholic High School Teacher Brock University Instructor CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1048 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks -----Original Message----- From: MICHELLE ANGLE <angle_michelle@hotmail.com> Sent: Monday, March 6, 2023 5:45 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks Hello. I fully support the patios on Center Street. Having an outdoor eating restaurant option is a great thing for the tourists and the locals coming to Niagara Falls. So many other cities close their streets off and I always love it. Hoping it opens up again this year. Michelle Angle Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1049 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]- From: Tom Chalmers < Sent: Friday, March 3, 2023 9:10 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]- Please keep the patio's on Center St. Open this coming season. It has become a new tradition that my family has enjoyed the last few seasons and wish to keep enjoying It this season and many years to come. I know the tourists also enjoy it as well. Respectfully Tom Chalmers Niagara Falls CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1050 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-YANKS PATIO -----Original Message----- From: Tasha Lachapelle < Sent: Wednesday, March 8, 2023 3:02 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-YANKS PATIO Pleassssse do not remove the patio !! There is so much love for the day/night life on the hill and that strip is so iconic!!! Everyone loves it so much, people go there with their families and have lunch and stressed out people who work on the hill like to go there for the patio in the summer to just kick their feet up! I am one of those individuals. It would sure mean the world to so many people to still have this great spot to kick it. Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1051 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Centre St patios -----Original Message----- From: Shannon Richard <SRichard@remaxniagara.ca> Sent: Friday, March 3, 2023 4:09 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Centre St patios To whom it may concern, My family and I very much enjoy and support the patios on Centre St in the summer. We do hope they will continue to exist. Regards, Shannon Richard Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1052 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Patios of Centre Street From: Sent: Friday, March 3, 2023 4:43 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Patios of Centre Street I support patios on Centre Street. They SO need it. It was also nice to sit outside. King regards, Robin CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1053 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks patio -----Original Message----- From: Michelle L < Sent: Thursday, March 2, 2023 11:13 AM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks patio Hello I fully support yanks patio for this season 2023. Thankyou Michelle Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1054 of 1092 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Yanks Patio From: Owen Rizzo < Sent: Thursday, March 2, 2023 10:43 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Yanks Patio Council Members, As a local who frequents the tourist district in the summer, I am standing 100% behind Yanks in their pursuit of having their patio for a third year. It adds a fun vibe to Centre Street and helps to promote local business. All the best, Owen Rizzo CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 1055 of 1092 N I A G A R A C A S I N O S 6380 Fallsview Boulevard , PO Box 300 • Niagara Falls, Ontario • CANADA • L2E 6T3 • 1.888.325.5788 www.fallsviewcasinoresort.com March 15, 2023 City Clerk City of Niagara Falls Re: Lane closure on Fallsview Blvd. Fallsview Casino Resort is strongly opposed to the Motion approved on February 8, 2022 which allows for the installation of temporary sidewalk cafés on Fallsview Boulevard for the upcoming 2023 sidewalk café season (and any future seasons). The temporary sidewalk café and resulting lane restriction created on Fallsview Boulevard in front of the Hilton Hotel and Four Points is of great concern for a number of reasons, including most importantly vehicle and pedestrian traffic and safety considerations. Our concern is further amplified by the launch of the OLG Stage at Fallsview Casino. We want to ensure customers have a positive and smooth experience when visiting Niagara Falls and choose OLG Stage as their live entertainment destination of choice, however the current lane restriction and related traffic will hinder this experience. The entire community benefits from the repeat business that Fallsview Casino Resort drives, including the Fallsview tourist area. This Fallsview tourist area is already hindered by traffic and the frustration experienced by visitors on Fallsview Boulevard will only be amplified by the lane restriction. In response to concerns from others that the lane was previously filled with parked cars, buses, and taxis, we propose that the City add signage which prohibits these activities. Furthermore, this policy should be actively enforced with ticketing, which would then allow for a free flow of traffic. We are anticipating a strong 2023 spring/summer season, which will be significantly impeded by the reduced lane on Fallsview Boulevard. We strongly urge the City of Niagara Falls to revoke the applicable approvals in advance of the upcoming peak tourist season and assess longer-term strategies that do not rely on temporary street closures. We believe the current policy benefits certain businesses, at the expense of others, and most importantly at the expense of a memorable experience for visitors. Sincerely, Richard Taylor President, Niagara Casinos Page 1056 of 1092 ich ® Hilton Nllélayaktiluf???liw Niagara Falls City Council Attn:BillMatson,Clerk 4310 Queen Street Niagara Falls,ON LZE6X5 March 20,2023 Dear Mayor Diodati and Council, I wish to express my opposition to the reconsideration of the February 2022,motion of Council wh extended Council Sidewalk Cafes special rules until the end of 2023. While I understand all the points raised and communications received involve concerns about Centre Street only,I also understand that the 2022 motion also pertains to Fallsview Boulevard and so repealing or even changing the motion would also adversely effect FallsviewBoulevard. I would point out that our family invested well over $100,000 into our patio on Fallsview Boulevard.The special policies adopted by the city for these patios have been a remarkable success here and we in fact believe it has proven to be a great addition for the tourist.We have long believed that opening bars, restaurants,cafes to the street and engaging with the street —is an incredibly friendly and desirable addition to the tourist experience. Our patio has been financially successful to date.We also have closely monitored traf?c on our site, anecdotally and professionally,and note that it has experienced no traffic or safety issues whatsoever since opening.Enhanced pedestrian traffic has been the only occurrence,achieving that is of course the whole point of the exercise! At our site we open our ‘garage windows’to the street and the bands inside attract people into the street where they stay longer to the benefit of the businesses.In fact,engaging the street has been so successful at Fallsview,that we believe much of FallsviewBoulevard should be completely closed to —engaging customers with multiple bars,restaurants,and live music.(These pedestrian areas or squaresareinalmosteverymatureandsuccessfulmajortouristdestinationintheworldforareasonl).Butthat's a discussion for another day.With our patio,we have worked very closely,patiently,and earnestly with the city as our partners for2021and2022.We believe the original by-law and the motion in question to extend to end of 2023wereprescientandhelpfuldecisionsbyCouncilthathavebeenextremelysuccessful.We also believe that the by-law and subsequent motion were ’a deal’.You gave us your word,and thenputitonpaper,that if we invested substantially in our patio and followed your operational rules andprotocols(as well as those of multiple other agencies)-we could keep the patio in place until the end of2023.We invested substantially —not only in the physical patio itself but in staff and marketing.Indeed,our 2023 marketing plans feature our patio and any closing of the patio will result in job losses.Page 1057 of 1092 he In addition,you told us that you would review the policy at the end of 2023 to determine if i tsuccessfulandifitshouldbemadepermanent.If so,what alterations could be made going into 2024 and beyond to make the special policies even more successful. Reversing the policy in the middle of the time period agreed to,puts us in a terrible position we have to take legal action against the city to recoup our investment and perhaps future losse s woul dhavetolayoffemployees.We believe strongly in working with the city and the NPC and oth erstakeholdersinthecommunitytoimproveandgrowthedestination—we don't want to be i apos itio noffightingourowncommunitybutinsteadbeinpartnershipwithourcommunityinimprovi ng th etouristexperience. I understand that some of the businesses on Centre Street have similarly made investments th eirpatiosbasedonthedealstruckwiththecity.While some may have concerns with the setup tt same principal applies -the city made a deal,the businesses in the area invested based on t h e de al — any alteration to the city's bylaw and motion now are unfair to those businesses.Stick to th e d e a l and review the policy when it rightfully ends in 2023.We look forward to this dialogue. For us,a deal was a deal.You passed a by-law and put it in place until 2023.We and others the other side of that deal invested heavily because of it.See it through on your end please. ads and smart people can figure out a solution to any real issues on Centr e S tr e et as tinct matter and that you can do so without re-considering and altering th e b y l a I am sure cooler a separate and Page 1058 of 1092 CITY OF NIAGARA FALLS By-law No. 2023-023 A by-law to provide for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 147 to the City of Niagara Falls Official Plan is hereby adopted. 2. This by-law will come into force and effect on the day of the approval of the amendment by the Regional Municipality of Niagara. Passed this twenty first day of March, 2023. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 21, 2023 Second Reading: March 21, 2023 Third Reading: March 21, 2023 Page 1059 of 1092 OFFICIAL PLAN AMENDMENT NO. 147 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting employment lands that implement the recommendations of the City of Niagara Falls Employment Lands Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls currently designated for employment (industrial) uses as well as those lands proposed to be re-designated as part of this amendment, either from a current employment (industrial use) to a new land use or from an existing land use to an employment land use. (iii) Details of the Amendment Map Change • Schedule A is amended to illustrate the City’s designated employment lands. The ‘Industrial’ land use designation within the legend of Schedule A is amended such that the word ‘Industrial’ is replaced with the word ‘Employment’ • Schedule A-5 is amended to illustrate the recommended conversions within the Transit Station Secondary Plan • Schedule A-7 is a new schedule depicting the City’s employment lands, Employment Areas, and the Gateway Economic Zone. Text Change • The amendment updates Section 8 - Industrial of the Official Plan to address issues of consistency and conformity with Provincial and upper- tier plans, as well as general reorganization. • Minor revisions were made throughout the Official Plan, related to the replacement of the word ‘Industrial’ with the word ‘Employment’ and other clarifications respecting employment lands and Employment Areas. (iv) Basis of the Amendment Watson & Associated Economists Ltd (Watson), in partnership with Dillon Consulting Ltd (Dillon), and MDB Insight Inc. (MDB), were retained in the winter of 2020 by the City of Niagara Falls to conduct an Employment Lands Strategy with the intent to provide a long-term vision and planning policy framework for the City to enhance the competitive position for industrial and office employment. The study assessed the City’s long-term employment land needs to the 2051 planning horizon, considered the adequacy and marketability of the City’s ‘shovel-ready’ Page 1060 of 1092 employment lands in the near-term, and provided a number of policy recommendations for implementation to achieve consistency, conformity and alignment with upper-tier and provincial planning policy. The Niagara Falls Employment Land Strategy was subject to a number of stakeholder sessions, as well as a public consultation process on the proposed recommendations and implementing amendments to the Official Plan and Zoning By-law. A Statutory Public meeting under the Planning Act was held on July 13, 2021 and on August 9, 2022. Page 1061 of 1092 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 147 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES a) SCHEDULE A – FUTURE LAND USE PLAN of the Official Plan is amended by: i) revising the legend to replace the word ‘Industrial’ with the word ‘Employment’; ii) redesignating lands currently identified as ‘Resort Commercial’ to ‘Employment’ as shown on the map attached entitled “Map 1 to Amendment No. 147; iii) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 2 to Amendment No. 147; iv) redesignating lands currently identified as ‘Industrial’ to ‘Minor Commercial’ as shown on the map attached entitled Map 3 to Amendment No. 147; v) redesignating lands currently identified as ‘Industrial’ to ‘Residential’ and identified as Special Policy Area 87 as shown on the map attached entitled Map 4 to Amendment No. 147. b) SCHEDULE A-5 – TRANSIT STATION SECONDARY PLAN AREA is amended by redesignating a portion of the lands currently identified as ‘Employment’ to ‘Mixed Use 2’ as shown on the map attached entitled Map 5 to Amendment No. 147 c) A new SCHEDULE A-7 –EMPLOYMENT LANDS is added as shown on the map attached entitled “Map 6 to Amendment No. 147”. 2. TEXT CHANGES a) TABLE OF CONTENTS is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. b) PART 1, SECTION 2 - STRATEGIC POLICY DIRECTION, paragraph 3 is deleted in its entirety and replaced with the following: “In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non-employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependent on cross-border trade and the movement of goods. It is the intent of this Plan to identify these areas and protect them for future employment. Page 1062 of 1092 Schedule A-7 identifies the Gateway Economic Zone, which is comprised of the total geographic area of lands within the Municipalities of Niagara Falls and Fort Erie, which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. Lands within the Niagara Economic Gateway are preferred for the identification of future Employment Areas and Provincially Significant Employment Zones. “ c) PART 1, SECTION 2, GROWTH OBJECTIVES is amended by: replacing the word ‘Industrial’ with the word ‘Employment’ within Objective 12; and by renumbering Objective 13 to Objective 14 and adding the following new Objective 13: “13. To meet the minimum employment density targets established through the Region of Niagara Comprehensive Review. Table 2. Employment Area Minimum Density Targets to 2051 Employment Area Minimum Overall Density Target 1 – Highway 405 Core 15 jobs/ha 2 – North Secure Storage Area Core 15 jobs/ha 3 – QEW/420 Dynamic 25 jobs/ha 4 – QEW Centre Dynamic 50 jobs/ha 5 – Montrose/Grassy Brook Dynamic 20 jobs/ha 6 – Dorchester Road Core 45 jobs/ha 7 – Stanley Avenue Business Park Dynamic 15 jobs/ha d) PART 1, SECTION 2, POLICY 2.7 is deleted in its entirety and replaced with the following: “2.7 Employment Areas located within the Urban Area along the Queen Elizabeth Way, are identified on Schedule A-7. Lands within these Areas are to be protected for employment uses under the Gateway Economic Zone directive of the Province. The City may identify future employment areas where required, which would become an Employment Area following a settlement area boundary expansion exercise.” e) PART 1, SECTION 3, INTENSIFICATION, is amended by: i) replacing the word ‘Industrial Areas’ with the word ‘Employment Areas’ in POLICY 3.10. ii) replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.16.12. iii) adding the word ‘and’ after the word ‘service commercial’ and before the word ‘employment’; and, deleting the words ‘and industrial’ after the word ‘employment’ and before the word ‘uses’ in POLICY 3.20. iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in POLICY 3.20 f) PART 2, SECTION 1, POLICY 1.16.3 (vi) is amended by replacing the word ‘industrial’ with the word ‘employment’. Page 1063 of 1092 g) PART 2, SECTION 4, is amended by: i) replacing the word ‘PART 2’ with the word ‘PART 4’; and, replacing the phrase ‘Sections 2.9 and 2.10’ with ‘Section 8’ in POLICY 4.1.4. ii) replacing the word ‘industrial’ with the word ‘employment’ in POLICY 4.2.7.1 a). h) PART 2, SECTION 8 INDUSTRIAL, is amended by replacing the word ‘INDUSTRIAL’ with the word ‘EMPLOYMENT’. i) PART 2, SECTION 8, PREAMBLE is deleted in its entirety and replaced with the following: “Employment lands and Employment Areas within the City will provide a diverse collection of parcels and opportunities for Greenfield development and intensification of existing employment sites in order to allow the City competitively respond to market demands and meet employment needs to 2051. The City’s Employment Areas and employment lands are shown together on Schedule A-7- Employment Lands. Objectives The policies of this Plan promote • infilling and redevelopment within established Employment Areas in the Built- up Area; as well as • the progressive development of vacant employment lands within the Built-up area and within the Greenfield Area for new industry and employment uses; and • In accommodating the changing needs of industry and business growth trends. Emphasis will be placed on improved aesthetics and environmental quality, including measures which will safeguard the integrity of adjacent land uses. The proximity of employment uses to residential and other uses is critical in the future growth of the City as a complete community. The contribution of employment to economic growth and diversity is clearly recognized in this Plan. In order to maintain a strong and competitive resource base, programs which provide for the enhancement of Employment Areas and the attraction of new firms will be pursued. j) PART 2, SECTION 8, POLICIES is deleted in its entirety and replaced with the following: 8.1 The lands designated Employment are shown on Schedule A – Future Land Use Plan. The City’s Employment Areas and employment lands are shown together on Schedule A7- Employment Lands. 8.2 The primary uses permitted in Employment Lands as designated on Schedule "A" will be for: manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laboratory and research, Page 1064 of 1092 and storage. All forms of service industries and utilities are included within this definition. The indoor production of cannabis, adult entertainment parlours and body-rub parlours will also be permitted within the employment designation subject to other policies of this plan. 8.3 Employment Areas reflect clusters of specific types of employment uses that exist and are appropriate for that identified area. The City’s Employment Areas are shown on Schedule A-7 – Employment Lands and permit the following uses: Core Employment Area – traditional employment uses such as industrial, manufacturing, construction, transportation and warehousing. Core Employment Areas are to be protected for similar employment uses: major facilities and freight-supportive forms of development and redevelopment. Major institutional uses are prohibited. Dynamic Employment Area - traditional and lighter industrial uses with a broader mix of office parks and institutional uses that can function without limiting the ability for the expansion or continued use of other permitted uses. New development within the Employment Areas shall meet the minimum employment density targets of Part 2, Section 2. 8.4 In addition to Policy 8.2, the following uses may be permitted on employment lands outside of Employment Areas, subject to the policies of Subsection 8.15: 8.4.1 Uses that are ancillary to an employment use, including offices, retail and wholesale showrooms and outlets for products produced on the premises. 8.4.2 Commercial services such as, but not limited to, banks, restaurants, convenience retail outlets, material suppliers, which are incidental to the Employment Area, servicing industries and their personnel. 8.4.3 Corporate and business offices. 8.4.4 Health and fitness facilities, conference centres and private clubs. 8.5 Several categories of employment land uses will be established in the Zoning By-law to accommodate a variety of activities ranging from heavy industrial to prestige employment uses. Moreover, employment zones will be arranged in a gradation with the lighter, more prestige type uses located near residential areas and other sensitive land uses. In the zoning of lands for employment purposes, regard will be had to the following objectives. 8.5.1 To group employment uses with similar characteristics and performance standards. 8.5.2 To provide a suitable environment for employment uses, free from interference and restriction by other uses. Page 1065 of 1092 8.5.3 To minimize potential land use conflicts caused by the indiscriminate mixing of heavier and light industrial types. 8.5.4 To protect adjacent lands, particularly residential areas from the effects of incompatible uses. 8.5.5 General industrial or heavy industrial uses will be separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. 8.6 Council will consider amendments to the Zoning By-law to permit the establishment of free-standing offices, recreational and commercial services and other complementary land uses within Employment Areas that are not planned for industrial or manufacturing uses in order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. 8.6.1 Employment Areas are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in considering the use of Employment Areas for non-employment purposes in order to promote employment as the predominant land use. 8.6.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for employment and business uses which require visual prominence and which foster a good impression of the community. 8.6.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall be discouraged to proliferate along arterial road frontages. 8.6.4 Commercial and office developments generate higher densities of employment and visits by the public. Where such development is proposed, Council will ensure that appropriate provision is made for on-site parking, traffic circulation, transit and pedestrian safety. Where appropriate, the City will encourage a variety of transportation demand management measures for higher density employment uses. 8.6.5 The integration of businesses and other complementary land uses with industrial/employment uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. 8.6 The Province may identify Provincially Significant Employment Zones and provide specific direction for planning within an identified Provincially Significant Employment Zone to be implemented through appropriate Page 1066 of 1092 Official Plan policies, designations and economic development strategies. The City will work with the Region and the Province to identify, plan for, and protect Provincially Significant Employment Zones. 8.7 While the Province has not identified any Provincially Significant Employment Zone within the City of Niagara Falls, the City will integrate any identified Provincially Significant Employment Zone into Schedule A-7 of the Official Plan. Any updates to the Official Plan mapping respecting a PESZ to reflect changes made by the Province can be completed without the need for an Amendment to this Plan. 8.8 Council will coordinate with the Region in promoting development of the City’s employment lands. Council may pass by-laws, acquire and develop lands or otherwise ensure an adequate supply of serviced land is available for prospective employment developments. 8.9 The City will take a co-ordinated approach to planning for large areas with high concentrations of employment that cross municipal boundaries and are major trip generators, including co-ordination on matters such as transportation demand management and economic development. 8.10 The development of new employment uses on vacant employment lands within the City’s Urban Area is encouraged. 8.11 The redevelopment and intensification of existing employment uses within the Built-up Area with uses that are compatible with surrounding land uses is encouraged. 8.12 In order to maintain land use compatibility, within Employment Areas planned for industrial or manufacturing uses, residential uses and other sensitive land uses that are not ancillary to the primary employment uses are prohibited from encroaching on Employment Areas and an appropriate transition to employment areas should be provided. 8.13 Development proposals for employment uses on designated employment lands shall be planned and developed to avoid and minimize potential adverse effects from odour, noise and other contaminants, minimize the risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with Provincial guidelines, standards and procedures. 8.14 Where avoidance is not possible in accordance with Policy 8.12, the long- term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted where the following are demonstrated: 8.14.1 there is an identified need for the proposed use, 8.14.2 alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations, Page 1067 of 1092 8.14.3 adverse effects of employment uses on the proposed sensitive land use are minimized and mitigated, and, 8.14.4 potential impacts of sensitive uses on industrial, manufacturing or other uses are minimized and mitigated as demonstrated through studies. 8.15 Employment uses which are offensive or dangerous to the general health, safety and welfare of community residents shall only be permitted through site specific zoning amendments, where deemed appropriate. 8.16 In order to ensure that obsolete industrial buildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development. 8.17 Adequate vehicular access, off-street parking and loading facilities will be required in clearly defined areas for all development and redevelopment within employment lands and areas. Where possible, development plans for new employment uses or the expansion of existing employment uses should seek to minimize surface parking, where possible, and, where necessary, provide a high-quality design of surface parking on the site. 8.18 Development proposals on lands adjacent to existing employment uses are encouraged to integrate the design and dimensions of structures, parking areas and access points with those of the adjacent uses. 8.19 As far as possible, traffic generated by employment uses will be prohibited from penetrating designated Residential areas. 8.20 Signs in Employment Areas will be regulated by appropriate by-laws in order to avoid conflicts with effective traffic control and the general amenity of the area. 8.21 In order to enhance the viability of Employment Areas, Council, where feasible and deemed appropriate, will encourage the appropriate authorities to establish, maintain and improve the accessibility of Employment Areas through the provision of highways, interchanges, arterial roads, bridge, rail and public transit services. 8.22 Council will encourage and, where feasible, assist in the relocation of uses not permitted in areas designated for employment purposes and in the relocation of existing industries located outside of designated employment lands and Employment Areas into such areas. 8.23 Council will encourage and where feasible, assist in programs for the improvement of the appearance and amenity of employment lands and Employment Areas. Page 1068 of 1092 8.24 (OPA #45, approved January 2003) Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body-rub parlours currently exist throughout various geographic areas of the City. It is the intent of this Plan to provide guidance and direction with respect to appropriate areas of any new licensed adult entertainment parlours and body-rub parlours or their relocation. Generally, adult entertainment parlours and body-rub parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body-rub parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban uses. In order to minimize adverse effects, adult entertainment parlours and body-rub parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body-rub parlour or adult entertainment parlour. The 300-metre separation distance noted above shall not apply in cases where the QEW, hydro canal and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body-rub parlour buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. Notwithstanding this policy, the property municipally known as 8675 Montrose Road, situated at the southwest corner of Montrose Road and Chippawa Creek Road, is excluded from the 100-metre setback requirement from the QEW. In addition to the above, neither adult entertainment parlours nor body-rub parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development of a Christian resort commercial development. These lands are also considered as a sensitive land use and adult entertainment parlour and body-rub parlour buildings shall be separated from these lands by a minimum distance of 300 metres. Further, the employment lands situated along the Page 1069 of 1092 north side of Bridge Street, east of Victoria Avenue, are not suitable for an adult entertainment parlour or body-rub parlour. It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body-rub parlours within one geographic area of the City. In order to avoid clustering, the City's zoning by-law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body-rub parlours.” 8.25 Permitted production of cannabis shall be in accordance with the following: (i) The production of cannabis is only permitted to occur within an enclosed building with appropriate air filtration that ensures the use does not emit any odour. Production of cannabis may include the cultivation of cannabis and/or activities related to cannabis cultivation such as processing, packaging, testing, destruction, research and shipping; (ii) Outdoor cultivation is not permitted; (iii) The production of cannabis shall be in accordance with all applicable Federal Regulations, as amended from time to time; (iv) Buildings should be appropriately distanced a minimum of 500 metres away from sensitive land uses or zones where sensitive land uses are permitted, including but not limited to existing day care facilities, hospitals, places of worship, playgrounds and residential uses; and (v) Cannabis production shall be subject to site plan control, which may require the submission of studies relating to relevant matters including, but not limited to, air quality control, environment impacts, traffic and lighting, which demonstrate appropriate nuisance mitigation to the City’s satisfaction. The Site Plan Control process may require the applicant to enter into a site plan agreement. k) PART 2, SECTION 8, GREENFIELD AREA is amended by: i) renumbering Policy 8.5 to Policy 8.26 and replacing the word ‘industrial’ with the word ‘employment’ ii) by renumbering Policy 8.6 to Policy 8.27and subsequently renumbering the sub-policies accordingly iii) is amended by replacing the word ‘industrial’ with the word ‘employment’ in Policy 8.27.4 (former Policy 8.6.4) iv) renumbering Policy 8.7 to Policy 8.27 and subsequently renumbering the sub- policies accordingly l) PART 2, SECTION 8, QEW EMPLOYMENT CORRIDOR is amended by: i) renumbering Policy 8.8 to Policy 8.29 and subsequently renumbering the sub- policies accordingly. ii) by deleting and replacing Policy 8.29 (former Policy 8.8) with the following: Page 1070 of 1092 “The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such lands within the City's urban area can be capitalized on for future employment growth. The corridor, located along the QEW as shown on Schedule A-2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under-utilized parcels within the Built-up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The Gateway Economic Zone is comprised of the total geographic area of the municipalities of Niagara Falls and Fort Erie, including all major goods movement facilities and corridors identified by the Region. The Gateway Economic Zone is to be developed to support economic diversity and the promotion of cross-border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non-employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City.” m) PART 2, SECTION 8, GENERAL POLICIES is deleted in its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through Modification “i)” of this document. n) PART 2, SECTION 8, amended by adding a new sub-section, EMPLOYMENT CONVERSIONS, as shown below: “EMPLOYMENT CONVERSIONS 8.30 The City may permit the conversion of lands within Employment Areas to non-employment uses but only through a Regional municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 8.31 and where it meets at least one of the following strategic objectives: 8.30.1 promotes brownfield redevelopment, Page 1071 of 1092 8.30.2 addresses issues related to land use incompatibility in accordance with Policy 8.14 of this section, 8.30.3 provides affordable housing, or, 8.30.4 meets any of the other strategic direction of this Plan. 8.31 The conversion of lands within Employment Areas to non-employment uses may be permitted only through a Regional Municipal Comprehensive Review where it is demonstrated that 8.31.1 there is a need for the conversion; 8.31.2 the lands are not required over the horizon of this Plan for the employment purposes for which they are designated; 8.31.3 the City will maintain sufficient employment lands to accommodate the forecasted employment growth to 2051; 8.31.4 the proposed uses would not adversely affect the overall viability of the Employment Area or the achievement of the minimum intensification and density targets of this Plan and the Growth Plan, as well as any other applicable policies of this Plan and the Growth Plan; 8.31.5 there is existing or planned infrastructure in place to accommodate the proposed use; and, 8.30.6 cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. 8.32 Notwithstanding Policy 8.30, until the next Municipal Comprehensive Review, lands within existing Employment Areas may be converted to a designation that permits non-employment uses in consultation with the Region, if applicable, provided the conversion would: 8.32.1 Satisfy the requirements of Policy 8.30; 8.32.2 Satisfy the requirements of Policies 8.31.1, 8.31.2 and 8.31.6; 8.32.3 Maintain a significant number of jobs on those lands through the establishment of development criteria; and, 8.32.4 Not include any part of an Employment Area identified as a Provincially Significant Employment Zone unless the part of the Employment Area is located within a Major Transit Station Area as delineated in the Growth Plan. 8.33 Conversion of brownfield sites to non-employment uses, where the removal of the employment land is consistent with the Region’s Municipal Comprehensive Review with an associated Regional Official Plan Amendment, may be considered through an amendment to this Plan where at least one of the following criteria are met: Page 1072 of 1092 8.33.1 the reduction or elimination of any long-standing land use compatibility issues with surrounding conforming uses, 8.33.2 provision of affordable housing, 8.33.3 contributing to a mix of housing types and densities in the planning area, or; 8.33.4 the provision of facilities that assist in the development of a complete community. 8.34 The City may consider conversion of employment lands located outside of an Employment Area in consultation with Niagara Region, subject to ensuring space is retained for a similar number of jobs to remain accommodated on the site and compliance with the criteria outlined in Policy 8.29. 8.35 Notwithstanding policy 8.34, development applications within a two kilometre radius of the Cytec Canada Inc. facility in Niagara Falls shall be subject to Policy 8.30 of this Plan, except for the lands currently designated Neighbourhood Commercial in this Plan.” o) PART 2, SECTION 13, SPECIAL POLICY AREAS is amended: i) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.4, ii) by replacing the words ‘employment area’ with the words ‘Employment Area’ in Policy 13.7, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.7.1, iv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.1i), v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.7.1.4, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.15, vii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.25, viii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.34.6, ix) by replacing the words ‘employment areas’ with the words ‘Employment Areas’ in Policy 13.44.4 x) by replacing the word ‘industrial’ with the word ‘employment’ in both instances within Policy 13.44.5, xi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.51.4, Page 1073 of 1092 xii) amended by replacing the word ‘industrial’ with the word ‘employment’ in both instances; and replacing the word ‘properties’ with the word ‘property’ in Policy 13.56.2.2, xiii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57, xiv) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.57.2.2b), xv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 13.57.2.2c), xvi) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 13.62, xvii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances within Policy 13.62.1, and xviii) by adding the following new policy: Policy 13.87 SPECIAL POLICY AREA “87”. Special Policy Area “87” applies to 18.5 hectares of land on the south side of McLeod Road, east of Beechwood Road. The Residential designation of the lands will come into effect upon approval by the Niagara Region. Notwithstanding the policies contained in Part 2, Section 1, development of the lands will be subject to a 10m height restriction within a 2km radius of Phosphine Storage on Cytec Industries lands as shown on Appendix A to the Cytec Canada Inc. Emergency Response Plan, dated July 23, 2016. A risk assessment shall be prepared and peer reviewed to justify residential use within this radius failing which a more appropriate use will be considered. Any mitigation required through further study to address Provincial D6 Guidelines shall be provided on site. Further, the job replacement for conversion justification contained in Part 2, Policy 8.30 shall be provided prior to redevelopment of the site in conjunction with an application under the Planning Act. p) PART 3, SECTION 1, Policy 1.5.6 is amended by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in both instances q) PART 3, SECTION 2, Policy 2.3.3 is amended by replacing the word ‘industrial’ with the word ‘employment’ r) PART 3, SECTION 6, Policy 6.7.2 is amended by replacing the word ‘industrial’ with the word ‘employment’ s) PART 3, SECTION 7, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 7.3; and Page 1074 of 1092 ii) amended by replacing the word ‘industrial’ with the word ‘employment’ in all instances within Policy 7.3ii). t) PART 4, SECTION 2 is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3.11; ii) by deleting Policy 2.6.10 in its entirety and replacing it with the following: “2.6.10 Compliance with the applicable policies of Section 8, when considering the conversion of Employment Areas.” iii) by deleting EMPLOYMENT LAND CONVERSIONS its entirety as it has been incorporated into PART 2, SECTION 8, POLICIES through modification “m” of this document. u) PART 4, SECTION 5, Policy 5.3 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ v) PART 4, SECTION 6, Policy 6.5 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ w) PART 4, SECTION 10, Policy 10.1 is amended by replacing the word ‘Industrial’ with the word ‘Employment’ x) PART 4, SECTION 11, Policy 11.3.9 is amended by replacing the word ‘industrial’ with the word ‘employment’ y) PART 5, SECTION 1 GARNER SOUTH, is amended: i) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.6, ii) by replacing the word ‘employment areas’ with the word ‘Employment Areas’ in Policy 2.7.7.1, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(b), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.7.1(c)’, v) by replacing the word ‘areas’ with the word ‘lands’ in Policy 2.8.6, vi) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.13.3, z) PART 5, SECTION 2 TRANSIT STATION SECONDARY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.11, ii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.2, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.7.3(a), iv) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.4, Page 1075 of 1092 v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.7.5, vi) by replacing the phrase ‘at employment areas’ with the phrase ‘on employment lands and in Employment Areas.” in Policy 3.13.5.3c); and vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 4.14. aa) PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN, is amended by: i) by replacing the word ‘areas’ with the word ‘uses’ in Principle 7 – Create Employment Opportunities; Objectives, bullet seven (7), ii) by deleting the word ‘Area’; and, replacing the phrase ‘Employment Areas’ with the phrase ‘employment lands’ in Policy 1.8.3, iii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.13.8, iv) by replacing the term “Employment Areas” with “employment lands” in Policy 2.2, v) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 2.3, vi) by replacing the word ‘areas’ with the word ‘lands’ in Policy 3.2.6, vii) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 3.2.10, viii)by replacing the word ‘areas’ with the word ‘lands’ in Policy 4.1.11.4, ix) by replacing the word ‘industrial’ with the word ‘employment’ in Policy 5.6. bb) PART 5, SECTION 4 RIVERFRONT COMMUNITY PLAN, is amended: i) by replacing the word ‘industrial’ with the word ‘employment’ in Principle 1: Create a Healthy, Complete Community, Objectives, bullet five (5), ii) replacing the word ‘industrial’ with the word ‘employment’ in Policy 1.5, iii) by replacing the word ‘Industrial’ with the word ‘Employment’ in both instances in Policy 2.2.2.4, iv) replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 2.2.3, v) by replacing the word ‘Industrial’ with the word ‘Employment’ in Policy 7.3. cc) APPENDIX I, DEFINITIONS is amended as follows: i) “Employment Lands” is deleted and replaced with the following definition: “Employment Area”- areas designated in an official plan for clusters of business and economic activities including, but not limited to: manufacturing, warehousing, offices and associated retail and ancillary uses.” ii) adding the following new defined term “Employment Lands” after the defined term “Employment Area” and before the defined term “Endangered Species”: Page 1076 of 1092 “Employment Lands”- a broad range of lands designated for employment uses that may be located within or outside of Employment Areas, including light, medium and heavy industrial, business parks and rural employment lands. Employment lands accommodate primarily export-based employment, including a wide range of industrial uses (e.g., manufacturing, distribution/ logistics, transportation services) as well as specific commercial and institutional uses (e.g., office, service commercial, ancillary/ accessory retail) as set out in the Zoning By-law” iii) adding the following new defined term “Gateway Economic Zone” after the defined term “Forest Resource Areas” and before the defined term “Greening”: “Gateway Economic Zone”- settlement areas identified in A Place to Grow: Growth Plan for the Greater Golden Horseshoe and conceptually depicted on Schedules 2, 4 and 6, that, due to their proximity to major international border crossings, have unique economic importance to the region and Ontario. The Gateway Economic Zone is shown on Schedule A-7 of the City of Niagara Falls Official Plan. iv) adding the following new defined term “Municipal Comprehensive Review” after the defined term “Mineral Resource Areas” and before the defined term “Natural Heritage Corridor”: “Municipal Comprehensive Review”- a new official plan, or an official plan amendment, initiated by an upper-or single-tier municipality under Section 26 of the Planning Act that comprehensively applies the policies and schedules of the Growth Plan for the Greater Golden Horseshoe v) amended by adding the following new defined term “Provincially Significant Employment Zone” after the defined term “Progressive Rehabilitation” and before the defined term “Portable Asphalt Plants”: “Provincially Significant Employment Zones”- Areas defined by the Minister in consultation with affected municipalities for the purpose of long-term planning for job creation and economic development. Provincially Significant Employment Zones can consist of Employment Areas as well as mixed-use areas that contain a significant number of jobs. Page 1077 of 1092 WELLAND RIVER POWER CANAL ISLAND POWER CANAL GRASSY BROOK LYONS CREEK TEE CREEK QEW LYONS C R E E K R DMONTROSE RDSTANLEY AV&BLACKBURN PY KISTERRDD Y M E N T CR&GRASSY BROOK RD BIGGAR RD P R O G R E S S S T LOGA N RDEARLTHOMASAVDONMURIESTBECKRD STANLEYAVMCCREDIERDWILLODELL RD REI XINGE R RD DELLRDCHIPPAWA PYDORCHESTE RRDOAKWOODDRK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 600 m Scale 1:12,000 Legend Land Use Employment Environmental Conservation Area Environmental Protection Area Open Space Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Area affected by this Amendment Map 1 to Amendment No. 147 to the Official Plan Schedule "A" - Future Land Use Plan Proposed Change from Resort Commercial to Employment *The extent of the Environmental Conservation Area and Environmental Protection Area Designations do not necessarily include the extent of the Region's NES and the Regional mapping should be consulted. The actual extent of the NES is currently being refined through studies being undertaken as part of the Grassy Brook Secondary Plan and will be implemented through a future Official Plan Amendment.Page 1078 of 1092 &BEAVERTONBV BEAVERGLENDRBEAVERDAMSRD BEAVERVALLEYWYKALARRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 40 m Scale 1:900 Legend Official Plan Minor Commercial Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Area affected by this Amendment Map 2 to Amendment No. 147 to the Official Plan Schedule "A" - Future Land Use Plan Page 1079 of 1092 B IA M O N T E C R V A L L E Y W Y PORTAGERDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 40 m Scale 1:907 Legend Official Plan Minor Commercial Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Area affected by this Amendment Map 3 to Amendment No. 147 to the Official Plan Schedule "A" - Future Land Use Plan Page 1080 of 1092 SPECIAL MATTEODREMILY BVJONATHANDRPARSASTSHERRILEECR GARNERRDMC G A RRY DR &WARREN WOODS AV MC LE O D RD BEECHWOODRDK:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 240 m Scale 1:4,780 Legend Official Plan Residential Special Policy Area Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Map 4 to Amendment No. 147 to the Official Plan Schedule "A" - Future Land Use Plan Area affected by this Amendment POLICY AREA 87 Page 1081 of 1092 BRIDGE ST STLAWRENCEAVCRYSLERAVSTCLAIRAV&MUIRAVB U T TR E Y S T FIRSTAVQUEEN STVICTORIAAV STANTONAVHICKSONAVBROUGHTONAVMARTINAVMAPLE ST BUCKLEYAVPARK STDYSONAV K:\SourceData\Shapes\OP\OP Amendment\OP Amendment Maps.aprx 5/26/2022 / 0 120 m Scale 1:2,600 Legend Official Plan ECA Mixed Use 2 Note: the schedule forms part of Amendment No._ to the Official Plan for Niagara Falls and should be read in conjunction with the written text. Area affected by this Amendment Map 5 to Amendment No. 147 to the Official Plan Schedule "A-5" - Transit Station Secondary Plan Area Page 1082 of 1092 Page 1083 of 1092 CITY OF NIAGARA FALLS By-law No. 2023 - 024 A by-law to establish Part 3 on Plan 59R-17440 as a public highway to be known as, and to form part of Biggar Road. WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS the City acquired Part 3 on Plan 59R-17440 for road widening purposes to support the new hospital site development; AND WHEREAS it is deemed desirable to declare Part 3 on Plan 59R-17440, as a public highway, forming part of Biggar Road. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part 3 on Plan 59R-17440, being part of PIN 64262-0261 (LT) (the “Subject Lands”) is hereby established, laid out and declared as a public highway forming part of Biggar Road, for public use. 2. That upon passage of this by-law, the City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the Subject Lands in the Land Registry Office. 3. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 21st day of March, 2023. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1084 of 1092 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 025 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Catalina St. North Pitton Rd. and a point 46 m west of Pitton Rd. At All Times Pitton Rd. West Catalina St. and the north limit of Ethel St. At All Times Page 1085 of 1092 (b) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Catalina Street North A point 18 metres west of Pitton Road and a point 46 metres west of Pitton Road At All Times Pitton Road West A point 18 metres south of Catalina Street and the north limit of Ethel Street At All Times (c) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Catalina Street North Pitton Road and a point 18 metres west of Pitton Road At All Times Pitton Road West Catalina Street and a point 18 metres south of Catalina Street At All Times This by-law comes into effect when the appropriate signs are installed. Passed this twenty-one day of March 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 21, 2023 Second Reading: March 21, 2023 Third Reading: March 21, 2023 Page 1086 of 1092 CITY OF NIAGARA FALLS By-law No. 2023 - 026 A by-law to declare 4621 St. Clair Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of February 28, 2023, adopted the Recommendations of Council Report L-2023-05, to declare 4621 St. Clair Avenue as surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That 4621 St. Clair Avenue legally described as Part Lot 9, Block BB, Plan 999 - 1000; City of Niagara Falls, being all of PIN 64328-0050 (LT) (the “Subject Lands”) is hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 21st day of March, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1087 of 1092 CITY OF NIAGARA FALLS By-law No. 2023 - 027 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules “C & “D1” and that Schedules “C” & “D1” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 21st day of March, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1088 of 1092 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Stew Frerotte John Garvie Douglas Goodings Cathy Hanson Jay Modi Ashley Piercey Liam Raymond Philip Rudachuk Morgan Sereeira Thomas Tavender Simranjit Toor SCHEDULE “D1” CANADA ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Chris Burian Steven Cober Kinjalk Jain Arjunjit Kaloya Harmandeep Kaur Jesse Mallabar William McMillan Gagan Singh Sandeep Singh Jeonghwa Son Alexandria Trelford Page 1089 of 1092 CITY OF NIAGARA FALLS By-law No. 2023 – 028 A by-law to provide for citizen appointments to certain Committees, Boards and Commissions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the remuneration of the citizen appointees to the Committee of Adjustment be set at $75 per member, per meeting. That the following citizens be appointed: 1. ACCESSIBILITY ADVISORY COMMITTEE Carol Baldinelli, Sandra Bird, Carmelo Carrera, Ceilidh Allison Corcoran, Angela Dumele, Leigh Goring, Daniel Hummel, Paisley Janvary-Pool, Janet Jessop, Janet Krowchuk, Bob Romanuk, Colleen Scott, Jack Widder. 2. COMMITTEE OF ADJUSTMENT Rick Brady, Paul Campigotto, Frank Franze, Daniel James Moody, Lou Stranges. 3. CULTURE COMMITTEE Sheri Armstong, Debra Attenborough, Priscilla Pauline Brett, Donna Brown, Diane Dubas, Dino Fazio, Angela Menotti, Laurie Moffat, Tracy Satin, Patrick M. Sirianni, Irmina Somers, Elaine Wallis 4. DIVERSITY & INCLUSION COMMITTEE Sheila DeLuca, Erden Ertorer, Elizabeth Alexandria Grimmond, Brian Kon, Nikiru Nwagbo, Maria Terreberry-Portifilio, Cat Thagard, Marilyn Tian, Jitto Tom Uthup. 5. LIBRARY BOARD Anne Andres-Jones, John Anstruther, Barbara Ness, Kathy Tsiantoulas, Tim Tredwell, Sabrina Mongrain, Jacqueline Roddy. 6. MUNICIPAL HERITAGE COMMITTEE Christian Lloyd Bell, Bruno (Sam) Carrera, Mark Iamarino, Jamie Jones, Cynthia Louise Mokry, Darren Schmahl, David Servos, David Vida. Page 1090 of 1092 2 7. PARK IN THE CITY COMMITTEE John Anstruther, Jennifer Baldinelli, Paul Bongers, John Brucato, Aniko Bzdyl, Debbie Cank-Thatcher, Sheila DeLuca, Frank Fohr, Paisley Janvary-Pool, Patricia Mascarin, Thomas Mingle, John Morocco, Tina Overstrom. 8. PROPERTY STANDARDS / DANGEROUS DOGS COMMITTEE Bruno (Sam) Carrera, Frank De Luca, Sheila DeLuca, Anna Lee, Kathleen Mann, Joseph C. Pirosko 9. SENIORS ADVISORY COMMITTEE Elizabeth Dal Bianco, Karen Lynn Fraser, Ewald Kuczera, Otto Penner, Kathleen Quiquero, Anna Racine, Joe Szabo, Eileen Tinio -Hind. That the aforementioned appointments are for the 2023 – 2026 term. That by-laws 2019-16, 2019-33 and 2020-038 be repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 21st day of March, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1091 of 1092 CITY OF NIAGARA FALLS By-law No. 2023 – 029 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21st day of March, 2023. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 21st day of March, 2023 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 21st day of March, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 1092 of 1092