2006/06/12
.
SEVENTH MEETING
Monday, June 12, 2006
From 4:30 p.m. to 6:15p.m.
City Hall, Committee Room #2A & B
1) Approval of the 2006-05-29 Community Services Minutes.
2) DEPUTATION:
a) Railway Museum
Ken Jones
3) REPORTS: STAFF CONTACT:
a) R-2006-16 - Recreation Property & Building End Use Denyse Morrissey
b) R-2006-22 - The Centennial Water Molecule Denyse Morrissey
c) R-2006-23 - Review & Evaluation: Next Steps
New Indoor Multi-Use Facility Denyse Morrissey
d) MW-2006-63 - Ontario A venue Heavy Vehicle
Restriction Review Ed Dujlovic
e) MW-2006-68 - Unauthorized Alterations to Public Property Ed Dujlovic
f) MW-2006-67 - Consultant Selection Queen Street Reconstruction Ed Dujlovic
4) NEW BUSINESS:
5) ADJOURNMENT:
__m~__ ,. IT - __.. 4"
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
Monday, May 29, 2006, City Hall, Room 2 at 4:30 p.m.
PRESENT: Chair - Selina Volpatti, Mayor Ted Sa1ci, Alderman Victor Pietrangelo,
Alderman Jim Diodati, Alderman Joyce Morocco, Alderman Carolynn
Ioannoni, Alderman Vince Kerrio, Alderman Wayne Campbell, Alderman
Janice Wing.
REGRETS: Tony Ravenda.
STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Denyse Morrissey, Pat Burke,
Ken Burden, Dean Iorfida, Serge Felicetti, Marianne Tikky - Steno
PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review
GUEST: Henry Badger - 5766 Depew A venue, Joe Corradi - 4320 Bridge Street
MINUTES
It was ORDERED on the motion of Mayor Sa1ci and seconded by Alderman Campbell, that the
May 8, 2006 minutes be approved.
Motion: Carried
Action: Recommendation submitted to Council 2006-05-29.
REPORTS
a) MW-2006-49 - Fern Avenue Parking Review
It was ORDERED on the motion of Alderman Wing and seconded by Alderman Ioannoni that;
1) a "No Standing" at all times restriction be installed on the east side of Fern
Avenue between McLeod Road and a point 40 metres south of McLeod Road;
and,
2) a "No Standing" at all times restriction be installed on the east side of Fern
A venue between Cooper Drive and a point 20 metres north of Cooper Drive; and,
3) a comer restriction be installed on the west side of Fern Avenue between McLeod
Road and a point 20 metres south of McLeod Road.
Motion: Carried
Action: Recommendation submitted to Council 2006-05-29
b) MW-2006-60 - High Street Parking Review
It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Wing that;
1) a "No Parking" at all times restriction be installed on the north side of High Street
.. II
-2-
between Depew Avenue and Woodland Boulevard; and,
2) a "No Parking" comer restriction be installed on the north side of High Street
between Dorchester Road and a point just east of Dorchester Road; and,
3) A maximum 2-hour "Parking" restriction be installed on the north side of High
Street between a point just east of Dorchester Road and Depew Avenue
Motion: Carried
Action: Recommendation submitted to Council 2006-05-29
c) MW-2006-55 - Special Event Request to Waive Fees Window Boxes of Chippawa
It was ORDERED on the motion of Mayor Sa1ci and seconded by Alderman Morocco that
Window Boxes of Chippawa be provided a grant of $400.00 to cover the costs for the temporary
road closure and insurance.
Motion: Carried
Action: Recommendation submitted to Council 2006-05-29
d) R-2006-02 - Full Time Staff Position - Parks, Recreation & Culture
It was ORDERED on the motion of Alderman Pietrangelo and seconded by Mayor Sa1ci that the
Landscape Design Technician, a contract position in Parks, Recreation & Culture, be made a
permanent position and added to staff complement.
Motion: Carried
Opposed: Alderman Morocco
Action: Recommendation submitted to Council 2006-05-29
NEW BUSINESS
. Alderman Ioannoni advised Committee that the fine for having a loose dog should be
steeper. Presently there is a large dog in the Spring Blossom area that is let loose every
day for a period of time. The fine for such an offense is $40.00 this is only after the
complainant has taken the offender to court. The City Solicitor advised that charges can
be laid and built on through the Dog Owners Liability Act (DOLA). The Chief
Administrative Officer noted that the City is in the process of reviewing the City's
agreement with the Humane Society.
. Mayor Sa1ci advised that a resident Mrs. Lowe of 4239 Brookdale Drive finds the
temporary pump station located at the rear of her property intrusive. The Director of
Municipal Works advised Committee that staff is preparing a detailed response to Mrs.
Lowe regarding the pump station which is to be used only in extreme events.
. Alderman V olpatti advised staff she had received two concerns from residents. Firstly,
the over abundance of four-way stop signs and secondly a noise complaint. The concerns
-3-
.
sent by email were handed to staff for follow up.
ADJOURNMENT
It was ORDERED on the motion of Alderman Morocco and seconded by Mayor Salci that the
regular meeting of the Community Services Committee be adjourned at 4:59 p.m.
.- 'T
. Community Services Department R-2006-16
Parks, Recreation & Culture Denyse Morrissey
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.niagarafalls.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: dmorrissey@niagarafalls.ca
. June 12,2006
Alderman Selina Volpatti, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R -2006-16 - Recreation Property & Building End Use
RECOMMENDATION:
1. That Council approve the expansion of Lundy's Lane Cemetery and the development of a
pedestrian gateway with enhanced beautification on the property located at 7565 Lundy's
Lane (former Recreation Commission building) by conversion of this property.
2. That an application for the expansion of the cemetery be submitted to the Ministry of
Consumer and Commercial Relations, Cemeteries Branch, for review and approval.
BACKGROUND
The City of Niagara Falls owns the property (0.165 acres) on the comer of Lundy's Lane and
Montrose Road that is adjacent to the Lundy's Lane Cemetery, a cemetery established in 1820. The
comer of Lundy's Lane and Montrose Road is also considered an important tourism gateway to
Lundy's Lane.
A report was included on the May 2,2005, Community Services Agenda. (See attached Report R-
2005-08) that recommended the conversion ofthe property for cemetery purposes based on the BMA
consulting report. Key to the May 2, 2005, recommendation was that it was predicated on creating
additional revenues for the cemetery by a strategic use ofthe site to achieve a revenue positive end
use for this site. Due to an expression of interest in the building and property at that time by other
organizations the report was deferred.
Working Together to Serve Our Community
Municipal Works' Fire Services. Parks, Recreation & Culture' Business Development. Building & By-Law Services
.. ill
June 12, 2006 -2. R-2006-1-6
Organizations that had indicated an interest in this site were Niagara Falls Tourism, Winter Festival
of Lights, Niagara Falls Multicultural Network, and Lundy's Lane BIA. Communications from
Niagara Falls Tourism, Winter Festival of Lights and Niagara Falls Multicultural Network are
attached.
The Recreation Commission Building was vacated with the relocation of Parks, Recreation &
Culture to the MacBain Community Centre in September 2005. The building, while generally
assessed as structurally sound, would require considerable remedial work and monies invested to
continue its use for any purpose. Additionally, considerable water damage occurred in
approximately February 2006. The building is not wheelchair-accessible. Issues related to traffic
at this busy comer, coupled with the challenges resulting with entrance to and exiting from the
existing parking lot, have also been identified as concerns.
The 2006 budget does not reflect inclusion of any costs associated with this site to support continued
operation of the building or property for any purpose or the costs which would likely result in the
financial long term commitments of the City.
Recent discussions and meetings with the Lundy's Lane BIA provided an opportunity to review how
a dynamic partnership approach, including financial investment and commitment in the project by
the BIA, can be achieved. The partnership project would provide for cemetery expansion while at
the same time creating a significant landscape feature, allow celebration of the history of our
community, and add a pedestrian gateway at the comer of Lundy's Lane and Montrose Road. A
pedestrian gateway would also include a beautification project as a major component ofthe project
to compliment the cemetery expansion. The cemetery expansion would include new plots (earth
burials) columbaria (cremation niches) as well as a scattering garden (cremated remains). The
support ofthe Lundy's Lane BIA to this project is outlined in its attached letter dated May 1,2006.
A general concept drawing of this project is attached.
Morgan Funeral Home and Patterson Funeral Home from Niagara Falls have also provided their
endorsement of the expansion of the Lundy's Lane Cemetery. The need for more plots for the
families they serve is also supported and recognized by the two funeral directors as outlined in their
attached letters.
Very generally, the project cost is estimated to be $320,000 (plus a $30,000 contingency) to achieve
the gateway features. Recommended amenities include large trees (spaded), gateway pillars,
significant and very dramatic horticultural plantings, stone work and landscaping, a major feature
of a clock or bell tower, (the most expensive element of the project) historical and interpretive
signage, armourstone accents, patterned walkways and benches. The cemetery expansion would
provide for an estimated maximum of 300 earth burials and additional net revenues to the cemetery
of approximately $200,000 which would be applied to the cost of the project.
-- __u__
Jl1ne 12,2006 - 3- R-2006-16
All costs ofthe project in 2006 would be paid for from revenues generated from the sale of interment
rights at the cemetery expansion, as well as from financial commitments of project partners such as
the Lundy's Lane BIA, and donations. The breadth of the project would be adapted and revised
financially for gateway and landscaping enhancements consistent with the financial support available
in 2006.
As noted, Lundy's Lane Cemetery was established in 1820 by the first Niagara Falls' Methodist
congregation. The cemetery, which is located beside the "Red Meeting House" church, is the resting
place for many of Niagara Falls' early settlers. Currently, the cemetery does not have any additional
burial space and, therefore, is not able to meet the needs of families who wish to join their family
and also have a resting place at this cemetery. The Lundy's Lane Cemetery is also a popular
destination in its own right for reasons of community and Canadian history, (including the War of
1812) as well as for family genealogy.
Prepared by: Respectfully submitted:
Nd- ~lL'
Cynthia A. Roberts &"' John MacDonald
Manager of Cemeteries & Operations Planning Chief Administrative Officer
Recommended by:
~ rl1nk'Q
Denyse Morrissey
Director of Parks, Re reation & Culture
Attachments
S:ICouncilICounci12006\R-2006-16 - Recreation Property & Building End Use.wpd
.- ;,.
Community Services Department R.200S-QS
.
The City of ~~ p..... .,,,,,",,, . C,Il,~ Adele Ken
Niagara Falls 4310 Queen Street Director
. P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
i ~ web site: www.city.niagarafalls.on.ca
~! trnlS MATTER DEFERRED BY COUNCIL I
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
May 2,2005
Alderman Selina V olpatti. Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R -2005-08 - Recreation Building End Use
RECOMMENDATION:
That Council approve the demolition of the Recreation Commission building (7565 Lundy's Lane)
and convert the entire property for cemetery purposes.
BACKGROUND
The MacBain Community Centre is scheduled to open in the Summer of 2005. At this time, the
Parks, Recreation & Culture staffwill relocate from the Recreation Building situated at the comer
of Lundy's Lane and Montrose Road to the new Centre. A study was conducted in 2003 by BMA
Management Consultinglnc. to determine the "highest and best use" ofthe Recreation Building once
it was vacated.
The attached Study looked into three options for the best use of the. property. The options are as
follows:
1. Sale ofthe property to a third party;
2. Alternate cemetery operational uses for the bui Iding;
3. Development of lands for cemetery purposes.
A detailed analysis, including a summary efthe advantages, disadvantages, risks and opportunities
for each option was conducted by BMA Consultants. The final analysis recommends that the highest
and best use ofthe propertY would be to "demolish the building and use the land for columbaria and
other interment options." This option has the least risk and the greatest revenue potential.
The Lundy's Lane Cemetery is located adjacent to the Recreation property and, therefore, the land
transition to cemetery use would be appropriate. There is a high demand for burial space in this
cemetery however, at present, there are less than ten single lots available for sale and there are
several people on a waiting list requesting double plots.
Working Together to Serve Our CommulIity
Municipal Works' Fire Services' Parks. Recreation & Culture' Business Development. Building & By-Law Services
.. III
May 2, 2005 -2- R-2005~8
The 2003 Study recommends that the City should focus the property development on building
Columbaria, with space left over for traditional burials. Staff believes that a better use of the
property is to develop the land for traditional burial plots (double plots and cremation plots) with
an area reserved for Columbaria. The rationale is that the first Columbarium was installed at
Fairview Cemetery in September 2003 and the niche sales are slower than anticipated. Also, in
September 2004, the City took over the management and operation of the Stamford Green Heritage
Columbarium. With the two Columbarianow in operation, it is believed the market is not ready for
additional Columbaria at this time.
The projected costs to demolish the existing building, survey for cemetery plots, landscape and
beautification is $75,000. Over a ten-year period, it is expected that 400 cemetery lots would be sold
bringing in revenue of more than $206,400 and an additional $137,600 in Perpetual Care &
Maintenance Funds. The future installation of a Columbarium will realize more than $100,000 in
additional revenue and Perpetual Care & Maintenance Funds. Revenues are based on 2005 rates.
A portion of the building is currently used by the Niagara District Art Association and they are in
favour of relocating to the Community Resource Building. The Niagara Falls Concert Band also
uses the building to store its music. Staffwill attempt to fmd the Band an alternative location.
The proposed cemetery expansion was shared with the Park in the City Committee and they
supported the option to expand the existing cemetery. The comer of Lundy's Lane and Montrose
is considered a prominent City comer that would benefit from increased greening and beautification.
The Committee unanimously supported the following motion made by Loretta Burke and seconded
by Paisley Janvary-Pool:
To support the third alternative and to beautify the corner of Montrose Road and Lundy's
Lane and that the funds for development and ongoing maintenance be Included in the
cemetery budget.
Conclusion:
Due to the popularity of, and public demand for more burial spaces in the Lundy's Lane Cemetery,
as well as the proximity of the Cemetery to the Recreation Building property, Staffbelieves that the
highest and best use for the property would be for cemetery purposes.
Prepared by: Respect~s:itV
~~ -
Cynthia A. Roberts John MacDonald
Manager of Cemeteries Chief Administrative Officer
& Operations Planning
May 2, 2005 - 3. R-2005-08
Adele on
Director of Parks. Recreation & Culture
AK/CR/das
Attachment
S:\Council\Council 2005\R-200S-08 Recreation Building End Use.wpd
.. II.
0E, C E ~\U E
I'I"JI.KS. ... Jl\\lJ'
~ elll ..
,OURIsr OESTlNA'\O~ Niagara Falls, Canada
6400 Lundy's Lane, Niagara Falls, ON L2G 116
www.lundyslane.com
May 1,2006
Attention: Denyse Morrissey, Director of Parks and Recreation
City of Niagara Falls
4310 Queen Street
Niagara Falls, On L2E 6XS
Dear Denyse
Thank you for the time taken to prepare for and hold the recent meeting where we
discussed the proposed redevelopment ofthe site of the former Parks and Recreation
Department Building. We are very excited about the presentation that was made to us
regarding this site. Weare especially pleased that our BIN s vision for developing a
consistent, strong and focused image for our area was addressed as part of this proposal.
Your concept was able to effectively meld our BIA's needs with the needs of the
community and the City of Niagara Falls as a whole.
This proposed project would dramatically raise the visual, horticultural and historical
perspective of this very important comer. This intersection has been identified in both
the Streetscape Development for Lundy's Lane Master Plan (April 1999) and in the
City of Niagara Falls Streetscape Master Plan and Urban Design Guidelines
(October 2001) as being a major entry corridor to our city. As such, the proposed and
proper treatment of this space is of significant importance. The inclusion of a "gateway
feature" and "celebration place" that includes historical displays aimed at to
commemorating and recapturing some of the city's history of Lundy's Lane and the War
of 1812 that has been lost with modem development in the area is critical to this
proposal. Your redevelopment concept fully embraces these vital elements and,
therefore, has our full support and endorsement.
We also now realize and better understand the needs of the community with regards to
our city's high demand for space at this cemetery. We better appreciate the need to
demolish this building in order to accommodate both the need for increased space and
also to accommodate the landscape requirements of this high profile intersection. We
truly feel that a fair and appropriate solution to the redevelopment of this space been
achieved.
.. III
This proposal requires a certain level of compromise on the part of both our BIA and the
Parks and Recreation Department. As presented to us at the meeting the proposed plan
seems to fulfill the needs of each party in a manner that is more than satisfactory. This
improved vision is certainly worthy of our backing, not only in principal, but also in
terms of financial support. Our BIA is totally committed to being a part of the planning
process for this project and is fully prepared to offer and negotiate monetary input once
we have a better understanding of the total cost of this project and the timeframe within
which it can be completed.
With our combined commitment to this proposed plan, the Lundy's Lane BIA and the
City of Niagara Falls are ensuring the continuation of the much needed, wonderful
changes that have begun to have an impact in enhancing and improving Lundy's Lane
and the city as well. Thank you for your efforts to work cooperatively with our BIA and
for addressing our concerns and our needs.
Respectfully,
~L~~.
Len Cade, air of Lundy's Lane BIA
cc. Mayor Ted Salci
John MacDonald
MORSE & SON CHAPEL NIAGARA.ON.THE.LAKE CHAPEL
5917 MAIN STREET 415 REGENT STREET
NIAGARA FALLS. ONTARIO NIAGARA.ON.THE.LAKE. ONTARIO
1-905-356-3550 L2G5Z7 ~ @J~ 1-905-468-3255 LOS 110
1-905-356-9916 FACSIMILE 1826 1959 1-905-356-9916 FACSIMILE
G. ERNEST MORGAN, DIRECTOR PHILIP D. SCREEN, DIRECTOR
MORGAN FUNERAL HOMES r,:~~,~.~-"----
MORSE & SON LIMITED RECEIVED
www.morganfunera1.com
September 30, 2005 DCI06 Z005 '_
PARKS, RECREATtON
.- - & CULTURE
~.
Mayor Tel Salci and Members of Council
City of Niagara Falls
4310 Queen Street
P. O. Box 1023,
Niagara Falls, Ontario L2E 6X5
Mayor Salci and Aldermen:
.
Re: R - 2005-08 - Recreation Buildin2 End Use
We wish to offer our strong endorsement of the recommendation offered by both the
Parks, Recreation & Culture staff and your consultant, BMA Management Consulting
Inc., to "demolish the (former Recreation) building and use the land for columbaria and
other interment options." As indicated in their detailed analysis, this option has the least
risk and the greatest revenue potential for the City.
I would also support the idea shared by the members of the Park in the City Committee
that the comer of Montrose Road and Lundy's Lane would benefit from the increased
greening and beautification.
As Canada's oldest funeral home (1826), and certainly Stamford Township area's first
funeral home, we have been providing services to families choosing the Lundy's Lane
Cemetery for many years, dating back to when it first existed as a Methodist cemetery.
We have found it very difficult over the last several years to continually disappoint City
families by having to inform them there is no longer grave space available at Lundy's
Lane (as of this date, only 1 full single plot and 0 cremation plots remain unsold). It is
very important to succeeding generations, that they are able to arrange for final
disposition of family members in the same cemetery in which many of their former
relatives are interred.
We estimate that our Funeral Directors and our Pre-arrangement Planner have to inform
Page 1 of2
~-"'
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.. III
families at least twice or more each month that they will have to make an alternate choice
from Lundy's Lane Cemetery for final disposition. The staff at the Cemetery
administration office would not be aware of most of these disappointed families, as they
would have been informed by members of our staff prior to contact with their office.
Further, by increasing the number of grave spaces available for purchase, the City stands
to realize increased funds for both operation and long-term trust benefit (i.e. Perpetual
Care & Maintenance Funds).
In closing. I again encourage you to adopt the recommendation of your Parks, Recreation
& Culture staff and ofBMA Management Consulting Inc.
Respectfully sub
C~
G. Ernest Morgan
o-IM(_~
c.c. A. Kon
C. Roberts
Page 2 Of2
RECEIVED
May 29,2006 MAY 3 0 2006
CEMETERIES SEer iOtcl
His Worship Mayor Ted Sa1ci
Members of City Council
Niagara Falls, Ontario
Your Worship and Members of Council
Weare writing with respect to the former Parks and Recreation
building located on the northeast comer of Montrose Road and
Lundy's Lane. While we understand there are a number of
community organizations which would like to use the building for
meetings and other events, we contend that the property would be
better suited as a natural extension of Lundy's Lane Cemetery. There
are many other venues in the city which could be accessed by local
groups to serve their needs. Furthermore, the building itself is in need
of repair and does nothing to visually enhance the surrounding area.
We routinely get requests from families as to availability of
graves in Lundy's Lane Cemetery. Many people have loved ones
buried there only to realize that there is no space for future
generations of family to be interred as well. Furthermore, extending
the cemetery would only serve to enhance the streetscape appeal of
Lundy's Lane itself. Our cemetery staff does a wonderful job in
maintaining the property and many people remark on how fortunate
we are to have such beautifully kept properties.
From a revenue standpoint, undoubtedly the graves would sell
very quickly. We know of a number offamilies that would jump at
the chance to purchase lots there. We respectfully ask that your
council consider this request which we believe is the best use for the
property. Thank you for your kind consideration.
uth-Ann and Ed Nieuwesteeg
Patterson Funeral home
.- II.
>>> Monika Seymour <..
1. msevmour{a),nial!arafalls.librarv.on.ca > 2/28/2006 11 :44 AM >>>
Steve,
I sit on the Board of Directors of the Niagara Falls Multicultural
Network as part of our community partnerships/outreach commitment.
As you mayor may not know, the group has been running programs for
newcomers for the last several years out of St Pauls Lutheran Church on
Victoria Avenue.
This is a non profit group and currently they pay about $500.00 (under
review) rent for the space they use. Since day one they have been
looking for a permanent home for the longterm & one of the directors
keeps bringing up the old P&R building.
I wonder if you can give me a candid comment on whether or not this
would ever be a realistic option - I don't know whether there are plans
for the building in the future...but more in terms of running the
building on a limited financial budget (in view of its age etc). Can you
give me a ball park number for Heating & utilities....is it more than
$500.00 a month?
Your comments would be appreciated
Monika Seymour
--
Monika Seymour (Ms)
Manager of Public Services
Niagara Falls Public Library
4848 Victoria Avenue
Niagara Falls, Ontario
L2E 4C5
905-356-8080
Fax 905-356-7004
msevmour{a),nial!arafalls.librarv .on.ca
.. r.
rKar~ri :~itney ~~.E~d,: Par~~a~ndBe2!e:ai.i()n~~LJilcliri9". "~" ~..". "...... . ~, , """....." .~Page 1 j
From: Dean lorfida
To: Denyse Morrissey; Karen Kitney
Date: 6/1/200610:25:00 AM
Subject: Fwd: Parks and Recreation Building
FYI
>>> "Serge Felicetti" <sfelicetti@niagarafalls.ca>6/1/2006 10:15 AM >>>
>>> "Anna Pierce" <apierce@niagarafallstourism.com> 6/1/2006 11: 13 AM >>>
Dear Serge:
Please be advised that, given the extensive damage incurred at the Lundy's
Lane Parks and Recreation Building from a recent flood, the building would
no longer suit our purposes for office space. Niagara Falls Tourism would
like to withdraw our interest in the building.
Thank you for your cooperation and on-going support.
Anna Pierce
Manager
Niagara Falls Tourism
5515 Stanley Avenue
Niagara Falls, ON
L2G 3X4
Tel: (905) 356-6061 Ext. 17
Mobile: (905) 329-3608
Fax: (905) 356-5567
E-mail: <mailto:apierce@niagarafailstourism.com>
apierce@niagarafallstourism.com
.. III
. FraivalctfLi his
NIAGARA FALLS' ONTARIO' CANADA 9
,
June I, 2006
Mr. Dean Iorfida
City Clerk
The City of Niagara Falls Via E-Mail
City Hall, P.O. Box 1023
4310 Queen Street
Niagara Falls, ON L2E 6X5
RE: Former Parks & Recreation Department building
Dear Dean:
Further to the correspondence date February 16, 2006, I wish to advise you that the Winter
Festival of Lights no longer wishes to pursue the possibility of utilizing the former Parks &
Recreation Department building on Lundy's Lane as a site for the Festival office.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
WINTER FESTIVAL OF LIGHTS
Dino Fazio
General Manager
cc: Ethel White-Ashby, WFOL Chair
Anna Pierce, Niagara Falls Tourism
Serge Felicetti, City of Niagara Falls Business Development Office
.. [II
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- -
Community Services Department R-2006-22
Parks, Recreation & Culture Denyse Morrissey
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: dmorrissey@niagarafalls.ca
June 12, 2006
Alderman Selina Volpatti, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2006-22- The Centennial Water Molecule
RECOMMENDATION:
1. That the Centennial Water Molecule, currently located at the Hi-Tech Material Handling
Company site, Niagara-on-the-Lake, (Virgil) be returned to the City of Niagara Falls and the
Agreement enforced.
2. That the City take appropriate legal action if the molecule is not returned.
BACKGROUND:
"
The Water Molecule was constructed in 1967 as part of the Centennial Square project at the front
of the City Hall in commemoration of Canada' s Centennial Celebration. The Centennial project was
contracted to Selfa Arts Studio Limited at a cost of$13,090 with the Water Molecule component at
$3,200. The molecnle was designed by then City draughtsman, Derek Costello. A photo of the
Water Molecule is attached.
In 1996 the Centennial Square was redesigned and it was determined that the Water Molecule would
be relocated to another site in the City. It was temporarily in storage at the Municipal Service
Centre. Hi-Tech Material Handling 1994 Ltd. requested that the Water Molecule be situated in front
of their property at 4555 Kent Street. There were other companies that expressed an interest in the
sculpture, including Stevensville Lawn Gallery, however, the thought at that time was that because
the molecule was symbolic of the municipality, it should remain in Niagara Falls. Consequently an
Agreement (By-law No. 96-222 is attached) between the Corporation of the City of Niagara Falls
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, Recrealion & Culture' Business Development. Building & By-Law Services
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June 12, 2006 -2- R-2006-22
and Hi-Tech Material Handling Company came into effect on October 21, 1996, whereby Hi-Tech
would lease the Water Molecule for the sum of two dollars ($2.00).
The Agreement further states that the Water Molecule will remain the property of the City (Section
8) and that the Water Molecule shall be displayed, used, and maintained at 4555 Kent Street and not
elsewhere without the prior written consent of the City (Section 14). Upon default, the City has the
authority to demand the return ofthe Water Molecule with all costs to be paid by the Lessee (Section
28).
It has come to Staff s attention that Hi-Tech has moved from the Kent Street address to their address
in Virgil and the Water Molecule was taken to this location. Hi-Tech was advised by Staffto return
the Water Molecule but the firm indicated they would not comply with this request. A copy of their
April 28, 2006 faxed correspondence is attached. In turn, Hi-Tech offered to purchase it, however,
a purchase price was not offered. Staff does not support the sale of the Molecule, given its artistic
importance and its connection to the history of the City of Niagara Falls.
This sculpture is considered by the Arts & Culture Committee to be an important artistic contribution
and the return of it to the city of Niagara Falls is required, which may require bringing legal action,
consistent with the Agreement. It is also recommended that a new location in the City, at a
prominent place be found for this sculpture.
Prepared by: Respectfully ubmitted:
~AC [' ,
frr John MacDonald
Cynthia Roberts
Manager of Cemeteries & Operations Planning Chief Administrative Officer
Recommended by:
~~'~
Denyse Morrissey
Director of Parks, ecreation & Culture
CRJdas
Attachment
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lTfV OFNJAGARA FAT.T.<:
By-law No. 96 - 222
A by-Jaw to authorize a lease agreement with Hi.Tech Material Handling 1994 Ltd. for the City's
water molecule.
TIlE COUNCIL OF TIlE CORPORATION OF TIlE CITY OF NIAGARA FAllS ENACTS
AS FOLLOWS:
1. An agreement dated October 21, 1996, between Hi-Tech Material Handling 1994
l1d. and The Corpor1llion of the City of N'mgara Falls, in the form attached hereto, providing for
the lease of the City's water molecule, upon the terms and conditions as set out in the said
agreement, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said agreement and the
Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said agreement.
-~ ~ ~~ ~~
/ .,
I "
R:'O:'KAiikA~;.~.cm'CLERK"""'"
WAYNE THOMSON, MAYOR
First Reading: October 21 , 1996.
Second Reading: October 21 , 1996.
Third Reading: Oc tober 21 ,1996.
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THIS AGREEMENT made the 21st day of October, 1996.
BET WEEN:
TIlE CORPORATION OF THE
CITY OF NIAGARA FALIS,
Hereinafter called the 'Lessor'
of the FIRST PART;
-and -
ill-TECH MATERIAL HANDLING 1994 LID.,
Hereinafter called the "Lessee",
of the SECOND PART;
WHEREAS the Lessor is the owner of a structure, having the appeanmce of and commonly
. ,
referred to as the water molecule (hereinafter referred to as, "the Water Molecule") and bas
offered the water molecule for sale or lease by a public tender.
AND WHEREAS the Lessee was the successful bidder to lease the Water Molecule from the Lessor.
NOW THEREFORE THIS AGREEMENr WITNESSETII that in considerlltion of the lease granted
to the Lessee by the Lessor and the payment of the sum of TWO ($2.00) DOllARS now pnid by
the Lessee to the Lessor (the receipt and sufficiency of the consideration is hereby acknowledge by
the parties), the parties hereto mutually covenant and agree a. foDows:
1. The Lessee leases from the Lessor and the Lessor leases to the Lessee the personal property,
being the Water Molecule, together with any parts, accessories or attachments relating thereto or
affixed thereon upon the terms and conditions set forth in this agreement.
2. This agreement shall commence on the 1st day of October, 1996 and shall remain in force
until the 30th day of September, 1997 and thereafter shall continue in force from year to year from
the 1st day of October in each year until the 30th day ofSeptembec in the foDowing year on the same
tenns and conditions as set forth in this agreemen~ provided that either party may terminate this
agreement by giving 30 days written notice to that effeot to the other party in any year and such
notice having been given, this agreement shall tenninated on the 30th day of the date of the giving
of such notice.
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3. This agreement constitutes the entire agreement between the Lessor and Lessee and the
Lessee acknowledges that there are no promises, inducements. representations. collateral warranties,
warranties, conditions, options or terms, oral or written, expressed or implied or otherwise, made by
or on behalf of the Lessor or operating in favour of the Lessee.with respect to any aspect of the
Water Molecule (including, without limitation, its condition; design, capabilities, operation, use,
suitability, fitness, durability, quality, merchantability or history (e.g., new, used, reconditioned)) or
with respect to the appropriate treatment of this agreement, other than as may he expressly stated in
this agreement.
4. The Lessee acknowledges that it alone has selected the Water Molecule.
S. The Lessee acknowledges and agrees that the sole functional obligation of the Lessor in
respect of the Water Molecule is to permit quiet possession of such Water Molecule on an Mas is.
basis as long as the Lessee is not in default.
6. The Lessor shall not be liable to the Lessee for any loss, cost, expense or damage of any kind
or nature whatever cauSed directly or indirectly by the Water Molecule.
7. In the event of any fuilure of the Water Molecule, it is the Lessee's express intention that any
exclusion of liability operating in favour of the Lessor shaD continue to bind the Lessee. The Lessee
acknowledges that neither an equipment supplier, nor any repair person, nor any salesperson is an
agent of the Lessor.
8. TheLessee acknowledges that ownership and title to the Water Molecule shaD remain vested
in the Lessor.
9. The Lessee shaII have no right, title or interest in the Water Molecule other than, conditional
upon the Lessee's compliance with the fulfilment of the terms and conditions of this agreement, the
right to maintain possession and use of the Water Molecule fur the term of this agreement. Such right
to possession and use shall be exercised only by the Lessee or competent employees of the Lessee.
10. The Lessor may require plates or markings to be alIixed to or placed on the Water Molecule
indicating the Lessor is the owner.
11. The Lessor and Lessee oonfinn their intent that the Water Molecule shall always remain and
be deemed personal or movable property of the Lessor; even though the Water Molecule may become
attached or aflixed to realty and regardless of the manner in which it may become affixed or attached.
12. The Lessee shaII be respoOSlble for any damage done to any real estate, immovable property,
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building or structure by removaJ of the Water Molecule (whether removal be effected by the Lessee.
Lessor or any third party) and shall indemnity and save harmless the Lessor from any and all claims,
actions. suits. proceedings. costs. expenses, damage and liabilities whatsoever arising out of.
connected with or resulting from the removal of the Water Molecule.
13. The Lessee ~h~U obtain 1Uly landlord or mortgagee waiver as the Lessor may require.
14. The Water Molecule shall be displayed, used, and maintained at the lands nilmic;ipally known
,
as 4555 Kent Street, Niagara Falls, Ontario, and not elsewhere without the prior written consent of
the Lessor, which consent may be arbitrarily withheld.
15. The Lessee shall, at its own cost and expense, cause the Water Molecule to be delivered to
4555 Kent Street, Niagara Falls, Ontario, and to be installed and maintained prudently at all times
,
and, in compliance with the Lesso~s recommendation and the terms and conditions of this Lease and
all applicable laws and regulations, by competent and qualified personnel only and for business
purposes only.
16. The Lessee, at its own cost and expense, shall comply with and confonn to all applicable laws,
by-laws, regulations and legislation in any way relating to the ownership, installation, testing,
possession, use, operation, repair, maintenance. servicin& transportation, storage or bailment of the
Water Molecule throughout the tenn of this agreement and to the complete exoneration of the Lessor
from liability.
17. The Lessee, at its own cost and expense, shall keep the Water Molecule free oflevies, liens
and encumbrances and shall pay when due, and if applicable, all licence fees, registration fees,
assessments, charges and taxes (municipa~ provincial and federal) which may be levied or assessed
directly or indirectly ngainst or on account of the Water Molecule or any interest therein or use
thereof.
18. The Lessee shall at its own expense maintain the Water MolecuIe in a stale of good repair,
condition and working order and the Lessee shall furnish all such parts or mechanisms required to
keep the Water Molecule in the aforesaid conditions.
19. The Lessee shall not without the prior written consent of the LessOr make any alterations,
additions or improvements to the Water Molecule. All such alterations, additions or improvements
so made shall belong to and remain the property of the Lessor. No loss or damage to the Water
Molecule or any part ofit shall affect or impair the obligations of the Lessee which shall continue in
.
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full force and effect.
20. The Water Molecule shall be at the risk of the Lessee and the Lessee assumes the risk uf
liability and shall pay for any loss or damage arising from or pertaining to the possession, operation
or use of the Water Molecule or from any cause whatever and. with,out limiting the generality of the
foregoing. liability o~ loss arising. from fire. theft, Joss, confiscation or expropriation.
2l. The Lessor, its employees and specifically authorized agents shall, at all ieasonable times,
have access to the Water Molecule for the purpo:;e of inspecting or testing it.
22. TheLessee shall obtain and maintain for the entire term oflhisLease, at its own expense, a
comprehensive policy of general liability and property damage and insurance against loss or damage
to the Water Molecule including, without limitation, loss by fire (mcluding so-called extended
coverage), theft, collision satisfactory to the Lessor protecting and indemnifying the Lessee and the
Lessor against any claims for damage for bodily injury to or death of one or more persons and the loss
.of or damge to property with all inclusive coverage of not less than $2,000,000.00, such policy to
include tbe Lessor as an additional insured. and loss payee thereof: as well as "cross liability"
endorsement and shall contain a clause requiring the insurer to give the Lessor at least thirty days'
prior written notice of any alteration in the terms of such policy or of the cancellation of it.
23. At the Lessor's request, the Lessee shall furnish to the Lessor a certificate of insurance or
other evidence satisfactory to the Lessor that such insurance coverage is in effect, provided however
that the Lessor shall he under no duty either to ascertain the existence of or to examine such insurance
policy, or to advise the Lessee in the event such insurance coverage shall not comply with the
requirements ofthis Lease.
24. The Lessee appoints the Lessor to make claims and receive payment in accordance with the
provisions of such policies.
25. . The Lessee further agrees to give the Lessor prompt notice of any damage to, or loss of, the
Water Molecule or any part of it.
26. Without the prior written consent of the Lessor, the Lessee will not assign any of its rights
or sublet any Water Molecule or pennit the Water Molecule to be in the possession of anyone but the
Lessee.
27. The occurrence or happening of anyone or more of the following events shall constitute an
Event of Default:
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.
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Ca) default in the observation or performance of any other teon Of condition of this
agreement;
(b) the Lessee suspending business practice;
(c) ifall or any part of the Water Molecule is, or may be in imminent danger of being con-
fiscat.~, sequestered or seized under process 6f law;
(d) any act by the Lessee reducing the value or usefulness of the Wat!" Molecule,
including failure to maintain or repair the Water Molecule as required;
Ce) the subjection of the Water Molecule to any lien, levy, charge or encumbrance;
(I) the Lessee making a sale in bulk of its assets or becoming insolvent or bankrupt or
unable to pay its debts as they fall due or any bankruptcy, reorganization, debt
arrangement or other proceeding under any bankruptcy or insolvency law or any
dissolution or liquidation proceeding being instituted by or against the Lessee and, if
instituted against the Lessee and defended by the Lessee, remaining undismissed for
thirty days;
(g) the private or court appointment of a receiver or receiver and manager or officer with
similar powers over any part of the Lessee's property;
(b) if any insurance placed or maintained pursuant to the tenns of this agreement shall
lapse or be cancelled and shall not be replaced by another policy within ten days after
notice from the Lessor to the Lessee;
(i) the Lessee parting with the Water Molecule; or,
(j) the Lessee ceases business or locates its business to another location.
28. Upon the happening of an Event of Default, the Lessor may, at its sole option:
(a) demand from the Lessee the relurn of the Water Molecule with all costs to be paid by
the Lessee;
(b) enter upon the premises where such Water Molecule is located and take immediate
possession thereof: whether it is affixed to realty or not. and nmove the same,
without order of the court and without liability to the Lessor for or by reason of such
entry and taking of possession, whether for damage to properly or otherwise, and sell,
lease or otherwise dispose ofthe same for such consideration and upon such terms
and conditions as the Lessor may reasonably deem fit, and the payment by the Lessee
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of all expenses and costs associated with such entry and removal by the Lessor; or,
(c) forthwith terminate this agreement without tbe necessity of giving to the Lessee 30
days written notice of the termination of the agreement as provided for in clause 2 to
this agreement.
29. All rights an.d remedie;provided are cumulative and ~e not intended to be exclusive and in
addition to any other right or remedy previously referred to or otherwise available to the ~sor at
law or in equity, and anyone or more of the Lessor's rights and remedies may, from time to time, be
exercised independently or in combination and without prejudice to any other right or remedy the
Lessor may have or may have exercised.
30. No tenn or condition ofthis agreement can be waived. except by the written consent of the
Lessor and the forbearance or indulgence by the Lessor in any regard whatever shall not constitute
a waiver of the covenant or condition to be performed by the Lessee to which the same may apply.
31. If any term or condition of this Lease or its application to any person or circumstance shaJl
to any extent be invalid or Wlenforceable, the remainder of this agreemen~ or the application of such
tenn, covenant or condition to persons or circumstances other than those to which it is held invalid
or Wlenforceable, shalIllOt be affected thereby and each tenn or condition of this agreement shall be
valid and enforced to the fullest extent permitted by law.
32. It is agreed by and between the parties that, whenever the context of this agreement so
requires, the singular number shall include the plural and vice versa and that words importing the
masculine gender shall include the feminine and neuter.
33. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid FITS!
Class Mall or Facsimile Transmission to the Lessor and the Lessee as follows:
Hi-TechMaterial Handling 1994 Ltd.,
4555 Kent Avenue,
Niagara Falls, Ontario,
L2H HI
Telephone No.: (905) 356-6500
Fax No.: (905) 356-5988
The Corporation of the City of Niagara Falls,
Attention: City Clerk
4310 Queen Street,
P.O. Box 1023.
Niagara Falls, Ontario.
I.2E 6X5.
Telephone No.: (90~) 356-7521
Fax No.: (905) 374-7500
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Any such notice. if mailed. shalJ be conclusively deemed to be given to and received
by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission,
on the date the facsimile transmission was sent.
34. This agreement shaD be binding on and enure to the benefit of the parties and their respective
. . .
>.
heirs, executors, successors and permitted assigns.
35. This Lease shall be governed according to the laws of the province ofOntaria.
36. No changes, amendments, variation or modification afthis agreement shall in any way be
valid, unless signed by authorized officers of the Lessor and the Lessee.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate
seals duly attested by the hands of the proper signing officers in that behalf and the said signing
officers certify that they have authority to bind their corporation.
) HI-TECH MATERIAL
) HANDUNG 1994 LID.
) ~
)
)
) Name: Nick Culaneri
) Tille: President
)
) THE CORPORATION OF THE CITY
) OF NIAGARA FALLS
)
)
)
) Name: Wayne Thomson
) Title: Mayor
)
)
)
) Name: E. C. Wagg
) Title: City Clerk
.. 11 -."..-.
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Cynthja Roberts - Dancing waters at Square.jpg - - Page 1
DANCING WATERS AT SQUARE - Evening Review ot the civic square 01 midnight Thursday. The fountain
photographer Gordon Counsell cought this -first picture serves os 0 focal point for the square which j!> the city\
of the woler molecule fountain, featuring dancing waler cffjciol centennial project. It will be dedicated 01 4 p.m.
in it~ fOr1?frnnt pnol, iusl after it was put into operation tcmorrow.
I. 11
Cynt~ia Roberts - Focal Point Chosen.jpg . - - Page 1
"0-
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:". \llij;-~;i~}i:d~~;': ":_:,:. '"
FOCAL POINT CHOSEN-Derek Costello, 0 droughts-
man in the city engineering deportment, is pictured
with 0 model of the IIwoter molecule" illuminated
fountain he designed for consia~ration by City _Council
os 0 focal point for the Centennial Civic Square. The
design was approved Tuesday on 0 5-4 vote. Colored
water will cascade from flooting electrons and stream
down the centre into a moving pool below. T atol cost
of the finished fountain was est.imated at $9,500.
(Review photo by Roels)
,
,
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11
Cynt~ia Roberts - Focal point for Centennial Civic Square.jpg - - Page 1
Focal point for Centennial Civic Square
Illuminated fountain picked by council
IN-"""'k
By MARILYN ANDERSON II. Eidt, " sale model of the 'ltypo.. S11lT01111diogs in the civic The mayor also said ~ Ud AlcI.SeoltmovedCOllllcilIP. prllpOUl SO lbf 'COIIIleO. "nil
1I'a1101'moIet:uIe loulda _-'I square.c-n.:l1gav....11Irtber lc-arDed IhtIMlP !be library' pro".tIIe)laklolIlleJ.WI.sta- ,get... wUlIeIIMr alfaiB 01 IIII!
Aft... ,.early" yur .. dudy ...veiled by Mr. Eldl_C 1IIilh c{JllSidenUon to the pl"opo;sal. -..d llIat the bibe ut 1IMIiaas UletobetulIa.........udDOl m"""'lpallt)r.~
allIidebate- It one Slallc: "d"ymoddollhe)lnlpl)led tbe!.~"'.ldoltbeJo(iot lndadhot: tba.loullbla at a cost lk aoteo! lIlaI. wbn lUJor
.parki", CGmmunllJ.~ __ MIld oIlbe )list fOUllUla. STREAM OF WATER bebIced to "did IWll bolieY" '" dJn,m..'l'beJRGtlORlI"._
trlI~, - the seledioD'ol . 'lbe dly efIc\Mer tlpblned bu_ saallfte." He did IIlIl. oIllIedb)'Ald.Mdlabibutillthc HlIlerJSlUlMllaftkeIaJ_
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1OunlldoTuetdayby at)' lows: Iethe~fnNnfloat/agelec- Ald.PhhlpDowni.o,pci1lted AIcLMce.lIam. poiat"Ihe~,-..JPro-
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byAJd.Be.-.sIllllAld.M.1i1!1l IleY6tbeWlller,lMIeCaJtll'U
In.:JXIlpOUJ'or. ""ater1DGle- krl"ts lei" lItalnleu ateel con- j4illioobemJH"cvundlJe'lbU "allcdflll'lppnnJtlllIe,..16' Il1bUc, It.. ......Ilft-I....
elIle"JlhrrQIDaudfolmtainol ~ p,soo. DJamlDRed 1befotmlllll.elkct.ftlrtbe -dd'bepill.caiMlue molecule fGunt.. It" I rosl of NllllalbalsknWd~
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.....lqIl&R>podlulll.((Ifte~ ..akr. ",DOlI; ""'.1 rost. $8,5Of. oeewltereaseadil1CfrOIa.the lDthe~.~"
of . ,..etllll. Ihra)'ll mcmnc ..abt of I IlIJde ludI... mIidea AId.~oppl:IRd~ "WhllIt....~_
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i I. II
Cynthia Roberts - Fountain designs considered.jpg - - - Page 1
TUESDAY, FEBRUARY 14, 1967
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
For Centennial Square
-
FOulltaill desiglls COllSidered
The city engineering depart- major components of the Nia- The "molecule" design would
ment Monday demonstrated its gara scene. include a pool measuring 24 by
cteath,ity with presentation of The structure would be 12 feet 72 feet. The molecule itself
plans for a Hwat-er molecule" would be composed of stainless
illuminated water fountain for high and 10 feet wide. The steel or aluminum. Mr. Eidt
use as a Centennial. Square foea] fountain would feature flowing explained that elOisting plumb-
point. water - giving a sense of con- ing at the site could be used
stant movement. in the design. Although addi-
City engineer Conrad H. Eidt Est4mated cost: $10,500. tional plumbing and an expand-
a ctually introduced council to cd pumping system would have
three possible fountain designs, CAST STUDIES to be installed.
recommending the "molecule" A second proposal also ga.ined An engineering study,
approach. council's attention. It featured Mr.
a sculptnre form of the Maid Eidt said, indicated .tbat use
The proposal calls for crea- of the Mist atop the fountain of a. substance to prevent water
tion of a molecule _ structure, structure. Estimated cos t: freezing in the winter months
complete Wlith the exact num- $14,500 to $15,000. was unfeasible. A cutdown of
ber of floating electrons, set on the fountain flow would be
a square podium at one end Council authorized Mr. Eidt to 'necessitated during periods of
of a graceful, always moving proceed with detailed c os t low temperature.
pool. studies of both proposals. A motion authorizing' the cost
Mr. Eidt expl"ined that the Council last week approved study was approved with only
design was. aimed at symboliz- the water fountain proposal as Ald. Edward E. Miitchelson
ing water and energy - two a focal point for the square. opposed.
.- 11
Apr.28. 2006 10:45PM No.1m p. 1/1
~ ffi-_ M........lIandling ".. Ltd.
LEGAL DEPT.
The CIty of Niagara Falls,
Legal Serviees MAY 0 1 2006
4310 Queen Street,
Niagara FaIls, ON L2E 6X5 ACTION
DISCUSS
Attention: Ken Beaman INFO
Upon receiving your fax, we were surprised that there was concern regarding the
Water Molecme. As you are awat'e based on Ollr agreement with the City, we have
had possession of the molecule since 1996, We contacted Alderman Jim Diodati to
inquire as to why this request bad been made at this time. He Informed us he would
look into the matter and get back to us. We were waiting for his response when
imother fax from your office arrived. Alderman Jim Diodati was ooce again
contaded for his response as to what the city was requiring of uS,
HI- Teeh wanted to aequire the molecule since the sy.mbol of our company is a
molecule. Betty noticed that the Water Molecule Statue was sitting in the yard at
the service center, She continued to monitor It alld notieed It sat in the yard for
quite some time and decided to call City Han to Inquke as to what was being done
with the mOlecule. The response she received was that nothing was being done and
it was at that time.
We had made an offer to the City to purchase the molecule outrIght and the City
ehose to have it leased Instead. Our company Is once again prepared to make an
offer,
I look forward to receiving your response.
Sincerely,
Hi- Teeh Material Handling
Per:
~/
Niek CoJanerl,
President.
6913 Oakwood Drive, N"Jagara FaDs, OnOOo, Canada, LlE 6S5
Phone (90S) 356-6500 Fax (905) 356-5988 E-lnail bitech@eaninet.coDl
I
.. ..
- - -
Community Services Department R-2006-23
Parks, Recreation & Culture Denyse Morrissey
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: dmorrissey@niagarafalls.ca
June 12,2006
Alderman Selina V olpatti, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2006-23- Next Steps: New Indoor Sports Field Facility
RECOMMENDATION:
That a comprehensive review be completed that analyses the need for and viability of an indoor
sports field facility on City owned lands, and this review would serve as the basis for a Request for
Proposal for the development of such a facility.
BACKGROUND:
In 2003 a Request for Proposal (RFP) was issued with respect to the construction and operation of
an indoor soccer facility by a private developer on City owned lands at Kalar Road Sports Park
(Home for Girls Soccer).
Following the issue of the RFP, a successful proponent was chosen and a Memorandum of
Understanding (MOD) was negotiated and executed with that proponent. A subsequent ground lease
development agreement was not able to be successfully negotiated. A number of extensions of the
MOU were granted by Council to the proponent in order to facilitate the development.
On March 6, 2006, Council made a decision to grant no further extensions of the MOU andstaffwas
asked to report back on the next steps to be recommended which is the subject matter of this report.
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development' Building & By-Law Services
-,r- II
- -
June 12, 2006 -2 - R-2006-23
NEXT STEPS
Based on provincial growth projections by the Ontario Soccer Association, industry sport trends,
and the growth ofthe sport as experienced in many Ontario communities (the conversion of fields
to soccer from baseball/softball for example), as well as the strategic plan (draft) being undertaken
by Parks, Recreation & Culture, it has been determined that soccer is a sport that is expected to see
continued growth for the next ten years.
Information from a preliminary analysis in the strategic plan (draft) indicates there is an oversupply
of fields for those sports that are experiencing significant decline and there is an under supply of
soccer fields to meet the need and growth projections for our community. However, the final
strategic plan being undertaken by Parks, Recreation & Culture must be completed in order to verifY
such trends. That final strategic plan is anticipated to be completed in September 2006.
Staffmet with representatives of Girls Soccer on April 19, 2006 and at this meeting the organization
indicated their continued support for an indoor facility. Their subsequent letter of May 10, 2006 is
attached.
Given the number of other sport organizations, in addition to girls soccer, that currently use outdoor
fields in our community, and who would also be potential clients of a new indoor sports field
facility, verifying the extent of demand for such a facility should be inclusive. Development of an
indoor facility that could be responsive to the needs of other field organizations and thereby serve
a wider client market in Niagara Falls is recommended as equitable and strategic. This direction,
to include consultation and involvement with other field users is also recommended as a key
component of the process given city owned lands are being considered for a new indoor facility.
Completing a comprehensive review, with a target date at the end of November 2006, will provide
critical information to assist Staff in making a recommendation regarding the need and market
viability for such a facility. It would also identifY costs that Parks, Recreation & Culture would incur
as a result of process and would recommend inclusion of such expenses in the appropriate annual
budget. Staff has outlined a model (attached) that could be used for the development of an indoor
sports field facility which is based on a "3 P" Model (Public/private partnership).
Recommended by: Respectfully submitted:
~~{-< ~ ~~
Denyse Morrissey V John MacDonald
Director of Parks, Recreation & Culture Chief Administrative Officer
DM/das
Attachment
V:\2006COUNCJL\060612\Rw2006-23w Review & Evaluation Next Steps - New Indoor Multi- Use Faciltiy.wpd
- -
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------ 1111 II
- -
---
'Roc c ~! VE~ /t}rr; e: .",.. .
C= <.-' .'Ii
xo\\S Gfi: L MAY \:., ...;:... : ~/ . .... '<~ It:: U \\! E .
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O' ()
-::t Q)
TeamWOllc for Tomorrow Niagara Falls GiTI's Soccer Club
Box 652. Niagara Falls. Ontario L2G 6V5
(905) 358-3622
web site:www.nfgsc.org
May 10, 2006
John MacDonald
CAO
The City of Niagara Falls
City Hall, P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario, Canada
L2E 6X5
Dear John
Please consider this a request tha~ we might be able to create some dialogue to reconsider the
indoor facility on Kalar Road.
I understand you spoke with Bob Benson about this possibility and you may be aware that I spoke
briefly with Denyse Morrisey at Parks and Recreation suggesting that we would be interested as
well.
She had suggested that the approach would be entirely different concerning a much more
comprehensive RFP and the NFGSC agree that this makes a lot of sense.
I look forward to your response.
Sincerely,
Andrew
984-1749
-- -
Community Services Department MW-2006.63
Municipal Works Ed Dujlovic
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.niagarafalls.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovic@niagarafalls.ca
June 12, 2006
Alderman Selina Volpatti, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2006-63-0ntario Avenue
Heavy Vehicle Restriction Review
RECOMMENDATION:
It is recommended:
I) that "Heavy Vehicle - including buses" restriction be installed on Ontario
Avenue.IPahnerAvenue between Bender Street and Queen Street; and,
2) that "Heavy Vehicle - including buses" restriction be installed on Bampfield
Street between Palmer Avenue and River Road; and,
3) that "Heavy Vehicle - including buses" restriction be installed on Eastwood
Crescent between Pahner Avenue and River Road.
BACKGROUND:
Staff has been requested to review Pahner Avenue/Ontario Avenue to determine whether heavy
vehicles, particularly tour buses, travel on Palmer Avenue/Ontario Avenue when accessing the
maintenance facility located on Bridge Street.
Palmer A venue and Ontario A venue are collector roadways consisting of two travel lanes, one in
each direction extending to the north and south. Palmer A venue begins at !lender Street and
continues to Simcoe Street, where Ontario A venue begins and continues to Park Street. The traffic
volumes on the study section are considered low for this type of roadway as the most recent traffic
studies, conducted in October 2005, reveal a total of2034 vehicles in a twenty-four-hour period.
The width of the roadway is 9 metres, and the roadway is located in a residential area with homes
located on both sides of the roadway.
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development' Building & By-Law Services
--_._~,---_. .---"'-111 11 _..------
June 12, 2006 - 2- MW-2006-63
Staffhas conducted observations on Palmer A venue and Ontario A venue to determine whether heavy
vehicle restrictions are required between Bender Street and Queen Street. Although during
observations no significant heavy vehicle traffic was noted on the study roadway sections, it is one
of several possible routes for buses, which require access to the maintenance facility located on
Bridge Street. It is a convenient route as it connects between Bender Street and Park Street, with low
traffic volumes allowing heavy vehicles rapid and unimpeded access between other collector
roadways. Another possible route is via Victoria A venue, however; the roadway contains many
signalized intersections which cause delays and increase travel time resulting in heavy vehicle
operators seeking alternate routes such as Palmer Avenue/Ontario Avenue. As the majority of
Palmer A venue/Ontario A venue is a residential area between Bender Street and Queen Street, heavy
vehicles create unnecessary noise pollution disturbing the peace of the neighbourhood. Additionally,
the roadway deteriorates due to the use of heavy vehicle traffic.
Based on this information, it is recommended that heavy vehicle restriction, including buses, be
installed on the study section of Ontario Avenue and Palmer Avenue between Bender Street and
Queen Street. The remainder of Ontario A venue will remain available to heavy vehicle traffic
requiring access to the commercial area. This restriction will prohibit heavy vehicles from utilizing
the roadway, and thereby reducing the amount of deterioration occurring on the roadway surface
caused by heavy vehicle traffic. However, vehicles making deliveries to the area will not be affected.
The restriction will also reduce the amount of noise pollution in the residential neighbourhood. In
addition, restrictions are required to ensure any heavy vehicles do not become entrapped should
motorists' attempt to enter Pahner Avenue or Ontario Avenue on roadways which terminate as a
dead end on Palmer A venue or Ontario A venue. The roads included are Bampfield Street, between
Palmer A venue and River Road, and Eastwood Crescent, between Palmer A venue and River Road.
These roads connect River Road and Pahner A venue, and a high probability exists that heavy vehicle
operators travelling on River Road may attempt to access Palmer Avenue via these roadways.
The primary route, suggested to heavy vehicle and Tour Bus operators, is Victoria A venue, which
provides access to Bridge Street and the maintenance facility for tour buses. Other heavy vehicle
operators will also gain access to the commercial downtown area via Victoria Avenue, which
intersects other collector roadways in the locality. As well, once the signs have been installed, it
becomes a Niagara Regional Police matter for enforcement. All complaints are directed to the NRP.
Committee's concurrence with the recommendation outlined in this report would be appreciated.
Prepared by: Respectfully submitted:
/w 8----- Ll~{L
Karl Dren, C.E.T. Bcr John MacDonald
Manager of Traffic & Parking Services Chief Administrative Officer
Approved b :
Ed Dujlovic, P.Eng.
Director of Municipal Work
Bart SkibaS:\TPS\TPS J.OO Administration\TPS 1.06 Reports\2006 Community Services\06 June 12\MW-2006.63 Ontario Avenue _ Heavy Vehicle
Restriction Review.wpd
- - --
Community Services Department MW-200lHlll
Ed DuJlovlc
. Director
June 12,2006
AIdennan Selina Volpatti, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2006-68 - Unauthorized Alterations to PublieProperty
RECOMMENDATION:
. tak .. .. . 11 t-\-h fOr-tbe (ut'ivc& ~, --\\1e ',~kcf\{)'+litn of
That City staff es ap!ropnate legal action If necessary. M. U e . l
CuiYw"i.\ke..1hoJ<t.~(L GW! be.p(~ClI'.{j --l1,,,t "Jlowc"hJ-r 4u -h,~e. aPPruprl[.lk k~rl <<l~O(\ ({3((JC lns
BACKGROIjNO: lft\()ll.-thOCiZect... C\..\terc\.-hons -k pu'ok frvf'=(-f~.
City SllUfatein the process of dealillg with a nuIDberof altilrnations that have occurred to City
sidewaIksilnd cifrbs for several properties without obtaining prior approval from the City.
Embassy. Suites
In FebI'uaxy2006!l mee~gwas held with representatives from the Embassy Swtes to disC1.1SS the
potetitial of providing ;ldditional access onto Fallsview Boulevard for the Hotel. City staffundertook
a review and it Was indicated in conversations with staff of Embassy Swtes thatCity staffwouldnot
be in support ofwid~ or providing an addition8l driveway Ol1to Fallsview Bimlevarddue to site
plan and traffic safety concerns. In late March an emaiI was forwarded to City.stafffrom Embassy
Swtes raising concerns as to the City's position on the matter and indicating they would be wil1illg
to undertake any traffic study necessary to support their request. In early May (see attached letter)
a detailed response was forwarded to Embassy Suites explaining the City's position on the matter.
Unbeknownst to staff work had already commenced on the widening of the driveway for Ernl:Jassy
Swtes on Fallsview Boulevard. It wasn't until the work was 90% completed that staff discovered
that the alterations were being made.
Based on the concerns as out1illed in the letter of May 9, 2006 the City will be requesting that the
driveway be reinstated to its original width. Failing that the City will undertake the necessary wolk
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, R8Cf8Stlon & Culture' Business Development. BuRding & /l}'-Law Services
, -- --,y- .
~ ~ -
June 12, 2006 -2- MW-2006-68
and take any actions necessary, including legal, to recoup the funds that are required to carry out the
restoration.
Radisson Hotel
Across from the entrance of the Marriott Hotel on the Radisson Hotel site a curb cut and alteration
to the sidewalk was undertaken to allow for parking for vehicles from the Marriott Hotel. Staff is
unsure as to the timing when this work was carried out but it has been in place for some time. This
work was carried out without approval from City staff.
City staff has safety concerns with the operation of this parking lot that is directly opposite the
entrance for the Marriott Hotel. The operation of this lot is such that cars have to back out onto
Fallsview Boulevard.
The City will be requesting the Marriott to reinstate the curbing and sidewalk to its original condition
hence removing this parking facility. If no action is taken, the City will proceed to carry out the
necessary works to reinstate the curb and sidewalk and take any actions necessary, including legal,
to recoup the funds that are required to carry out the restoration.
Victoria Avenue
At the same meeting of February 2006 where discussions took place on an expanded entrance for
the Embassy Suites Hotel, discussion took place on widening the sidewalk on Victoria Avenue in
front of the plaza on the east side of Victoria A venue south of Clifton Hill. City staff indicated that
we were in favour of such sidewalk widening and had in the past approved the widening of
sidewalks through the removal of parking stalls. We did indicate that approval would be required
from the BIA and that a report would have to go to Council approving the removal of the parking
and that all costs would have to be born by the proponent. Attached is a previous report regarding
a similar request that was received from the Victoria Avenue BIA.
On May 11,2006, the City received an application to carry out the proposed sidewalk widening. The
application did include an email from the BIA indicating their support and drawings outlining the
proposed works. Unfortunately, the drawings were not satisfactory as it did not provide the
necessary information needed by staff to ensure the work would be done to the City standards.
In discussions with a representative of the plaza it was indicated that additional information was
required with respect to the drawings and that a report needed to go to Council, as previously done,
for approval. On Monday, May 15, 2006 it was discovered by staff that work has commenced on
the sidewalk widening without approval from the City. Based on the work completed it appears the
work started on Saturday, May 13, 2006. On Tuesday, May 16, 2006 a letter was forwarded to the
owner and the contractor advising them to stop work and to make the area safe. All ofthe works for
the widening of sidewalk was completed by Friday, May 19, 2006.
As indicated earlier City staff are in support of the widening of the sidewalk and would have
recommended its approval. Unfortunately, the City's established process on obtaining approvals for
this type of work was not followed. In that City staff was not on site to inspect the work to ensure
that it was done to City standards and proper drawings were not provided from the onset we will be
requesting a security that will be held for two years to ensure any deficiencies that may result will
be repaired accordingly and that As Built Drawings as per City standards be provided.
-- -
June 12, 2006 .3, MW,2006-68
Committee's concurrence with the above recommendation would be appreciated.
Prepared by: Respe~d:
f~k {' "
Ed Dujlovi , P.Eng. &-rJohn MacDonald
Director of Municipal Works Chief Administrative Officer
S,\REPORTSI2006 ReportsIMW-2006-68 - Unauthorized Use of Public Property.wpd
o. J>
- -
Embassy Suites - - 2- May 9, 2006
Request for Additional Driveway Access
4) Although a southbound left turn movement would be prohibited, the City's experience has
shown that signs and enforcement are not the most effective method to ensure compliance,
but rather proper site design. If this driveway were present, motorists from the north may be
inclined to enter the site from this driveway as it would be visible from the signalized
intersection. Motorists desiring to complete a southbound left turn into this access would do
so just beyond the projection of the south approach stop bar. This motorist would cause a
queue of vehicles into the intersection if they require to wait for northbound motorists to
proceed. However, northbound left turning traffic would be impeded by the southbound
queue generated by the proposed driveway. The existing driveway allows queue storage of
approximately 50 metres, ensuring acceptable intersection operations as queues would not
extend into the upstream intersection. Because this would be a private driveway, the City
would not be able to control or protect southbound left turns from happening, thereby
causing potential queues through the skewed challenging intersection.
5) Collision Analysis for the previous three years, reveals that nine (9) collisions have been
reported at Fallsview Boulevard and Portage RoadlMain Street. Access control is a vital
component in reducing the collision potential, particularly for properties located too close
to signalized intersections.
6) Visibility for outbound motorists would be a concern as the minimum sight distance would
not be achieved to the south as the hotels' column and building face would obstruct sight
lines for outbound motorists.
Therefore, based on the above information, your request to construct an additional access onto
Fallsview Boulevard is denied. Should you have any questions, please do not hesitate to call me.
Yours truly,
['D~
Ed Dujlovic, P. Eng.
Director of Municipal Works
ext. 4220
kjd
ee. Karl Dren, Manager ofTraille & Parking Services
S:\DUJLOVIC\DujklVlc 2~la - Embassy Suites Driveway_wpd
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Community Services Department MW-2004-14
Municipal Works Ed Dujlovic
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca The recommendatlon(s)
contained in this report were
Tel.: (905) 356-7521 adopted in committee and
Fax: (905) 356-2354 ratified by City Council
E-mail: edujlovi@city.niagarafalls.on,ca
May 31, 2004
Alderman Victor Pietrangelo, Chairperson
and the Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
RE: MW-2004-74
Victoria J Centre BIA Request to Widen the Sidewalk
in front of 57 51- 5763 Victoria Avenue
RECOMMENDATIONS:
It is recommended that:
I) two (2) parking meters located on the northwest side of Victoria Avenue in front
of 57 5 I - 5763 Victoria Avenue, be removed;
2) the parking meter at the Sauer's Drug Store (5771 Victoria Avenue) be changed
from a two-hour time limit to a 15-minute parking time limit;
3) the sidewalk located on the northwest side of Victoria Avenue in front of 5751 _
5763 Victoria Avenue, be widened, at a cost of approximately $15,000.00;
4) 100% of the cost to widen the sidewalk is to be paid for by the Victoria / Centre
BIA.
BACKGROUND:
On March 18,2002, Corporate Service Committee approved Report MW-2002-12 which
recommended that the parking metres located on the northwest side of Victoria A venue between
Walnut Street and Centre Street be removed and that the sidewalk on the northwest side be
widened to create enough space for the establishment of sidewalk cafes. Construction occurred
in the Spring of 2002 and the associated costs were paid for by the Victoria/Centre BIA.
The Victoria/Centre BIA has made a request to do another sidewalk expansion on Victoria
Avenue in order to accommodate Hard Times Restaurant and Subway in installing sidewalk
cafes (attached BIA letter). Hard Times Restaurant and Subway are located on the northwest
side of Victoria A venue and southwest of Centre Street.
Working Together to Serve Our Community
M~nicipa/ Works ' Fire SelVices ' Parks, Recreation & Culture ' Business Development ' Building & By-Law Services
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May 31, 2004 -2- MW-2004,74
There are currently three (3) metered parking spaces in this area. Two (2) of the parking spaces
will need to be removed and the third parking space, which is located in front oflhe Sauer's Drug
Store, will be changed from a two-hour metered parking space to a 15 minute metered parking
space for prescription pickups.
Minimal impacts to surrounding BIA's will be realized by the removal of the two meters,
because these are short to medium-term (2-hour) parking meters. meant to service the adjacent
businesses only. There are no concerns from the Traffic/Parking Services Section with respect to
the removal of the two parking meters. There is adequate and ample parking in the immediate
area to offset the loss of these parking spaces.
The proposed construction works will include the removal of the existing curb and gutter,
sidewalks, a catch basin, parking meters, and decorative paving stones. The installation will
include new curb and gutter, sidewalks, catch basin and drainage facilities, decorative paving
stones, and asphalt restoration.
The estimated cost of these works is $15,000.00. Since the present conditions ofthe sidewalks,
curb and gutter, etc., are good and the City has no plans for improvements in this area in the near
future, these works will be considered "Out of Phase" and 100% of the cost will be borne by the
Victoria/Centre BIA.
Since this work will occur in the tourist area ofthe City, construction should occur in the Fall of
2004.
The Council's concurrence with the recommendations outlined in this report would be
appreciated.
Prepared by: R~mitted:
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Mike DiPaola . {John MacDonald
Project Manager Chief Administrative Officer
AC~
Ed Dujlovic, P.Eng.
Director of Municipal Works
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*WALK of FAME *
November 20, 2003
Mr. Darrell Smith
Engineering Dept.
City of Niagara Falls
4210 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Darrell:
I have been in contact with Karl Dren and he referred me to you regarding the
following matter. Victoria - Centre BIA is developing again.
We would like to do another sidewalk expansion on Victoria Ave. in order to
accommodate Hard TImes Restaurant and Subway in installing sidewalk cafes.
We are requesting to enter into an agreement similar to our previous sidewalk
expansion agreement.
There are currently 3 parking spaces in this area; we would like to remove 2 of the
spaces, leaving 1 for pickups at Sauer's Drug store.
Please advise us how to proceed. We want the work to be completed by next
spring in order to have the cafes open for the spring weather next season.
It: P. O. Box 841, Niagara Falls, Ontario I.2E 6V6
tel: 905-358-7137 fax: 905-358-5891 *
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Community Services Department MW-2006-67
"
Municipal Works Ed Dujlovic
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
June 12, 2006
Alderman Selina V olpatti, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2006-67 - Queen Street Consultant Selection
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy is it recommended that the City of Niagara
Falls enter into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the
first phase of the Queen Street Reconstruction for the upset limit of$219,760.00 excluding GST.
BACKGROUND:
In moving forward on carrying out the recommendations in the Downtown SIP requests forproposals
were forwarded to four consulting firms, Kerry T. Howe Engineering Limited, Totten Sims Hubicki,
Delcan and Earth Tech to carry out design works for the reconstruction of Queen Street.
As per the Consultant Selection Policy the four consultant were invited to submit a proposal which
was scored on various factors which included technical expertise, leadership, project nnderstanding
/experience, past performance and work plan. After the proposals were evaluated a second envelope
containing the costs was then opened and added into the total. Based on the above factors Kerry T.
Howe Engineering Limited obtained the best score.
Committee's concurrence with the above recommendation would be appreciated.
l1;:~ ~-lL
Lb.. -,
Ed Dujlovic, P. Eng. b.,( John MacDonald
Director of Municipal Works . Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works' Fire SelVices ' Parks, Recreation & Culture' Business Development. Building & By-Law SeNices
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