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2010/07/191) Approval of the June 28, 2010 Community Services Minutes. 2) REPORTS: a) R &C- 2010 -12 Ice Allocation Policy b) MW- 2010 -52 Riall Street COMMUNITY SERVICES COMMITTEE AGENDA TENTH MEETING Monday, JULY 19, 2010 5:00 p.m. City Hall, Committee Room #2A & B c) PD- 2010 -61 Queen Victoria Fountain at the Niagara Falls History Museum - 5810 Ferry Street d) PD- 2010 -54 Matters Arising from the Municipal Heritage Committee e) MW- 2010 -51 Tender: Lundy's Lane Historical Museum f) CD- 2010 -07 Political Advertising 3) NEW BUSINESS: 4) ADJOURNMENT: a) Resolution to go into Closed Meeting. IN CAMERA SESSION STAFF CONTACT: Dale Morton Geoff Holman Alex Herlovitch Alex Herlovitch Geoff Holman Dean lorfida MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Ninth Meeting Monday, June 28, 2010, Committee Room 2, 5:00 P.M. PRESENT: Chair - Councillor Carolynn loannoni, Mayor Ted Salci, Councillors: Wayne Thomson, Bart Mayes, Jim Diodati, Shirley Fisher and Victor Pietrangelo, Vince Kerrio. ABSENT: Councillor Janice Wing STAFF: Ken Todd, Ken Beaman, Geoff Holman, Lee Smith, Alex Herlovitch, Karl Dren, Serge Felicetti, Todd Harrison, Trent Dark, Dale Morton, Dean lorfida, and Marianne Tikky, Steno. GUEST: Toni Williams, Dino Fazio, Don Weaver, Greg Jefferies, Sean O'Donnell, Chris Jefferies, Dermot O'Kane, Alison Steele, Eric Martin, Mordechai Grun all representing the Downtown BIA. Lib Zappitelli - Riall Street Overlay, Red Iseppon - Mewburn Road Bridge Closure. PRESS: Corey Larocque, Niagara Falls Review, Becky Day, Niagara This Week 1) MINUTES: a) MOVED on the motion of Mayor Salci, seconded by Councillor Kerrio that the minutes of the June 14, 2010 meeting be approved. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. 2) REPORTS: a) 2) PRESENTATION: MOVED on the motion of Mayor Pietrangelo, seconded by Mayor Salci that Council support the preferred alternative for the QEW as presented by Genivar. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. 3) REPORTS: a) MW- 2010 -23 Sinnicks Avenue Drainage MOVED on the motion of Mayor Salci, seconded by Councillor Diodati that the following report be received for the information of Council. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. b) MW- 2010 -45 Sam's Montrose Hotel Update MOVED on the motion of Mayor Salci, seconded Councillor Pietrangelo that payment in the amount of $47,615.45 be made to the owner of Sam's Montrose Hotel in consideration for the costs incurred for constructing a municipal sewer across the Q.E.W. right -of -way to the benefit of the adjacent lands. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. c) MW- 2010 -48 Mewburn Road Bridge Closure Update MOVED on the motion of Mayor Salci, seconded by Councillor Maves; 1. That the Mewburn Road Bridge Class Environmental Assessment (June 2010) be received and the preferred alternative to replace existing structure be approved. 2. That staff be directed to pursue opportunities for funding from the Federal Gateways and Border Crossing Fund, Canadian National Railways and the Region of Niagara. 3. That the Notice of Study Completion be advertised effective June 29, 2010. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. d) R &C- 2010 -15 Advertising Policy - MOVED on the motion of Councillor Thomson, seconded by Councilor Maves that Council approve the Advertising Policy, effective June 29, 2010. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. MOVED on the motion of Councillor Thomson, seconded by Councilor Maves that no political advertising be permitted. Motion: Carried Opposed: Councilors: Jim Diodati, Victor Pietrangelo, Vince Kerrio Action: Recommendation submitted to Council June 28, 2010. e) CAO- 2010 -06 Gale Centre Alarms MOVED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the Gale Centre Alarms report be deferred. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. Community Services Committee - June 28, 2010 f) FS- 2010 -09 Open Air Burning MOVED on the motion of Councillor Kerrio, seconded by Councillor Fisher that Council support the existing open air burning by -law. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. g) F- 2010 -43 Water Sustainability Plan Report MOVED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Council approve the Water Report as submitted. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. h) F- 2010 -39 Water Billing Update MOVED on the motion of Councillor Maves, seconded by Councillor Diodati that Council approve the monthly billing of combined water /hydro accounts by Niagara Peninsula Energy Inc. effective August 2010. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. i) F- 2010 -40 2009 Reserves & Reserve Funds MOVED on the motion Mayor Salci, seconded by Councillor Maves that the City Council receive this report on the 2009 activity in reserves and reserve funds. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. j) PD- 2010 -52 Request by the Downtown BIA to Utilize Funds from the Downtown CIP Reserve MOVED on the motion of Councilor Diodati, seconded by Mayor Salci that the request by the Downtown BIA be approved. Motion: Carried Action: Recommendation submitted to Council June 28, 2010. 4) NEW BUSINESS: MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Mr. Lib Zappitelli be allowed to address Council. Community Services Committee -4- June 28, 2010 MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the petition presented by Mr. Zappitelli, regarding Riall Street, be referred to staff for a report. R &C- 2010 -12 Niagaraaalls July 19, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -12 Ice Allocation Policy RECOMMENDATION That Council approve the attached Ice Allocation Policy and that the Ice Allocation Policy be effective September 13, 2010. EXECUTIVE SUMMARY The goal of the Ice Allocation Policy is to promote and encourage participation in ice related activities to the overall benefit of the community. The policy establishes and clarifies the City's responsibility for ice allocation, ice administration, and the City's commitment to the following: • managing fiscally responsible arena operations • facilitating new revenue opportunities, by working closely with the hospitality sector • promoting Fairness, Equity and Accessibility • processing tournament, special event and seasonal ice permits • providing excellence in customer service • promoting healthy living and access to City programs including public skating BACKGROUND Special Events at Municipal Arena Policy, Report 292 & 432 (1980, revised in 1984) and the Arena Scheduling Procedure, Report 202 (1980, revised 1984) require an update to reflect current practices. Recreation & Culture staff prepared a draft Ice Allocation policy which was reviewed by community stakeholders at the Ice Allocation Policy community meeting February 11, 2010. Community stakeholders reviewed the draft policy and shared comments. Organizations were invited to submit comments by email /phone or to set up a meeting with the Manager of Recreation Services to discuss any concerns and recommendations. The stakeholders requested a second meeting that took place May 25, 2010, to review the concerns and further revisions to the policy. A summary of the meeting is attached. Questions regarding the fall /winter 2010/2011 ice allocation were raised at the meeting. The fall /winter ice allocation meeting took place June 28, 2010 to review the ice schedule for the upcoming season. July 19, 2010 - 2 - R &C- 2010 -12 ANALYSIS /RATIONALE There has been considerable effort made to ensure fair and equitable Ice allocation for all users at for the Gale Centre and the Chippawa Willoughby Memorial arena. The City's ice inventory has expanded to five pads from four pads of ice providing new opportunities for programs and tournaments /special events. To ensure the maximum utilization and revenue collection the ice allocation policy will provide guidelines for staff when allocating the ice to current and new ice users. Staff have received requests to book hockey tournaments and other special events at City arenas. A process is required to review the rentals to ensure the needs of resident youth and adult ice organizations are considered and revenue opportunities are maximized. The Ice Allocation policy defines: Ice application dates, allocation meeting date and date to confirm seasonal ice contract season dates. Seasonal definition for prime and non -prime rental times. General administration requirements including mandatory two million cross liability insurance coverage for all ice rentals. Guidelines for the number of tournaments /special events to take place mid - September to March and unlimited tournaments /special events April to mid - September. • Criteria for staff to follow to evaluate new tournament requests. • Commitment to City ice programming including public skating. • Permit amendments and cancellation procedure as defined in Arena Cancellation Policy. FINANCIAL/STAFFING /LEGAL IMPLICATIONS The 2010 operating budget for the Gale Centre lists $641,000 in ice rental revenue. In order to meet the revenue target staff, needs to pursue new rental groups and events. When allocating ice for new users, the current ice users' needs must be considered and ice allocated in a fair and equitable manner to accommodate new users. The policy recommends a non -prime rate be established as requested by users, for the summer months to encourage rentals Monday to Friday 6:00 a.m. - 5:00 p.m. The new rate is recommended for the 2011 Spring /Summer season. Staff has booked several new summer hockey tournaments and anticipates a busier 2011 spring /summer season, as tournament organizers become aware of the new facility and there is a full season of operation. CITY'S STRATEGIC COMMITMENT The Parks, Recreation & Culture Strategic Plan, Action Plan # 5: Develop policies to support service delivery, speaks to the need to develop a comprehensive up to date Ice Allocation policy. July 19, 2010 - 3 - R &C- 2010 -12 LIST OF ATTACHMENTS 1. Draft Ice Allocation Policy 2. Summary Meeting dated May 25, 2010. Prepared by: Respectfully submitted: 4/7//ut(thiatte Kathy Moldenhauer, Manager of Policy & Community Development Ken odd, Chief Administrative Officer Prime Time Monday -Friday Saturday & Sunday 5:00 pm to 11:00 pm 6:00 am to closing Non -Prime Time Monday - Friday 6:00 am - 5:00 pm 11:00 pm to closing Purpose . • 1. Ice Allocation Responsibility 2. Rates and Fees Winter and Spring Seasons (mid- September to April 30 Page 1 of 6 DEPARTMENT: RECREATION & CULTURE DATE EFFECTED: September 13, 2010 POLICY: Ice Allocation Policy and Guidelines R- 2010 -12 This policy and guidelines contained within will serve as a guide for the City of Niagara Falls Ice Allocation process. The goal of this policy is to promote and encourage participation in activities to the overall benefit of the community. The policies identified in this document establish and clarify the City' s responsibility for ice allocation and administration, and the City's commitment to the following: Managing fiscally responsible arena operations; Facilitating new revenue opportunities, by working closely with the hospitality sector; Promoting Fairness, Equity and Accessibility; Processing tournament, special events and seasonal ice permits; Providing excellence in customer service; Promoting healthy living and access to City programs including public skating. The City of Niagara Falls has the responsibility to manage the allocation and distribution of ice on an annual basis to reflect population, registration, utilization and participation patterns, in addition to applying municipal, provincial and federal directives where required. The City of Niagara Falls recognizes the annual tax -based contribution provided by its residents toward the development, capital maintenance costs and operation of arena facilities. The goal is to increase ice revenues without unduly compromising needs or access by the community organizations and clients. This approach will be coupled with increasing utilization and reducing revenue loss occurring through cancellations. The City of Niagara Falls has a responsibility to make recreation accessible to the community and at the same time, operate the facilities in a way that is fiscally responsible. Arena rates and fees are reviewed annually and recommended to City Council for approval. Prime Time Monday - Friday Saturday & Sunday 5:00 p.m. to 11:00 p.m. 6:00 a.m. to closing Non -Prime Time Monday - Friday 6:00 a.m. - 5:00 p.m. 11:00 p.m. to closing Prime Time Monday -Friday Saturday & Sunday 5:00 pm to 11:00 pm 6:00 am to closing Non -Prime Time Monday - Friday 6:00 a.m. - 5:00 p.m. 11:00 p.m. to closing Spring Season (May 1 - June 30 Summer Season (July 1 - mid - September Page 2 of 6 3. General Administration 3.1. Forms All applicants and users must submit all requests for permit applications, processing, amendments and cancellations on approved forms. 3.2. Insurance Requirements For All Ice Users Each organization shall, at all times during which it is allocated ice time in the City of Niagara Falls Recreational Facilities, arrange, pay for and keep in force and in effect a Comprehensive General Liability Insurance on an "occurrence" basis including personal injury, bodily injury and property damage protecting the Corporation of the City of Niagara Falls, its elected Members of Council, its employees, agents and contractors (hereinafter "Released Persons ") and the organization against all claims for damage or injury including death to any person or persons, and for damage to any property of the Released Persons or any public or private property, howsoever caused, including damage or loss by theft, breaking or malicious damage, or any other loss for which the Released Persons or the organization may become liable resulting from the organization's use of ice time in the City of Niagara Falls Recreational Facilities. Such policy shall be written with inclusive limits of not less than Two Million Dollars ($2,000,000), shall contain a cross liability clause, a severability of interest clause, shall be primary without calling into contribution any other insurance available to the Released Persons as additional insured parties. The Corporation of the City of Niagara Falls must be named as additional insured. The organization shall provide certificates of insurance evidencing the coverage as required above to the Recreation & Culture Office. Upon confirmation by Recreation & Culture, which certificates shall include the obligation on the part of the issuer of the certificates to endeavor to provide thirty (30) days written notification of cancellation to the certificate holders. Upon expiry, documents of renewed coverage are again to be provided and the organization will make policies available to the City for review and in the event of a claim. Season Dates Application Date Allocation Meeting Date to confirm ice contract Fall /Winter mid - September to May 1 May 1 first week of June September 1 Spring/Summer May 1 to mid- September November 1 first week of December March 31 3.3 R -Zone Policy The R -Zone Policy, Report R- 2008 -21 approved by City Council on May 2008, promotes a positive, safe, enjoyable and supportive environment for all users and staff in City recreational programs and facilities. The R stands for Respect and Responsibility, respect for yourself and others and responsibility for your actions. The policy outlines the measures and enforcement steps to be taken by staff, volunteers and users in order to address inappropriate behaviour or violence in Recreation, & Culture programs, City owned or leased facilities and properties. The City of Niagara Falls is committed to ensuring the safety of users and staff in its programs, facilities or properties, fostering an environment where there is Respect for others, and Responsibility for all actions. The City will exercise no tolerance to any form of violence, vandalism or inappropriate behaviour in its programs, facilities or properties. For more information please refer to the City's website, www.niagarafalls.ca 4. Ice Allocation and Distribution The City of Niagara Falls reserves the right to assign ice on a seasonal basis. 4.1 User Groups - Community Organizations and Leagues The City of Niagara Falls understands that due to registration numbers the amount of ice time allocated to each user group may fluctuate from season to season. Season, application and allocation meeting dates are defined in the chart below. • • Groups will be allocated the same amount of ice as was used in the previous season. • The above guidelines will be applied to groups that cancel 10% or more of their ice allocated in the previous fall /winter and/or spring/summer seasons. Page 3 of 6 Ice dates and times will be allocated on historical usage to try and provide a solid groundwork for user groups. The City will attempt to allocate user group hours similarly from season to season. Ice dates and times will be allocated based on historical usage. If a group is to receive less ice than previous years due to cancellations or reduction in ice, the City of Niagara Falls will determine what dates and times the group will not be allocated. If a user group can show a significant increase based on actual registration numbers (participant registration information to be provided) they will be given consideration for more hours than originally allocated. Page 4 of 6 4.3. Adult and Youth Seasonal Clients Seasonal clients are defined as groups that use ice on a weekly basis for an entire fall /winter and/or spring/summer season. The City of Niagara Falls recognizes long -term clients. The City will endeavor to allocate the same ice or similar day and time as in the past for long -term clients. 4.4 Commercial Clients Organizations or individuals that use ice time with the intent of generating positive net income (profit). 4.5. City of Niagara Falls - Programs The City of Niagara Falls is committed to providing residents access to recreational ice opportunities at a low cost through municipal skating programs. Opportunities include public skating, shinny hockey and other programs provided in response to resident demand. Ice will be allocated to Public skating during special events. The schedule may be adjusted for low participant numbers or emergency maintenance shut downs. 4.6. Block Bookings The City of Niagara Falls strives to allocate ice at all arenas in a fair and equitable manner to ensure access to all user groups. All organizations allocated block bookings will share equally in the distribution of prime time ice on a percentage basis at all City arenas. 4.7 New Organization/Emerging Sport When reasonable and feasible, the City of Niagara Falls will recognize a new ice organization or emerging ice sport and will allocate time to enable it to establish its programs and services in the City. Recognition and ice allocation for new users will occur if existing users are not adversely affected. 4.8 Conflict Resolution Ice time request conflicts that arise from ice schedules will be discussed at allocation meetings. These conflicts will be brought forward to the specific groups affected for discussion and resolution with the Manager of Recreation Services or a designate acting as mediator. 4.9 Administration and Management of Tournaments and Special Events The City of Niagara Falls recognizes the significant positive impacts that tournaments, special events and championships can provide to the community. The City is committed to achieving a balance between recreational and tournament /special events throughout the year, including the fall /winter ice season. The City of Niagara Falls recognizes the economic and recreational impact past events have had on our community. Special events are not limited to tournaments and may include dry floor events, for example: cheerleading competition, circuses and Remembrance Day Service. Typically, tournament and special event ice time is allocated above and beyond a group's regular seasonal allocation. The City of Niagara Falls understands that weekend ice time is the most desirable ice time for youth leagues. Weekend ice time is also the most commercially viable ice time for special events and tournaments. Page 5 of 6 Tournament /special event guidelines: • The Gale Centre will be considered as the primary facility to host tournaments and special events. October, November, December, January, February and March tournaments will be scheduled based on the capacity to accommodate community use, regular league play and tournaments. April, May, June, July, August and first two September weekends ice will be designated with first priority to tournaments /special events. Weekday nights will be allocated with priority to user groups. User group "Championship Days," "All -Star Games," etc. will not be considered tournaments but rather extended league play Public skating will continue to be accommodated and scheduled at the Gale Centre during tournament weekends. 4.10 Consideration to schedule special events /tournaments • Events will be given dates as similar as possible to previous years. • An existing group can ask for a different date for their event as long as that event does not conflict with another organization's event date. • When a user group cancels their tournament, all ice users and applicants including tournament organizers will be informed by email or telephone of the opportunity to implement a new tournament. • Staff will evaluate tournament requests based on the following criteria: • Impact on regularly scheduled resident user groups; • Number of pads booked; • Days and time requested; • Overall financial impact to arena operations; • Economic development for the City; • Relationship to the City; • All criteria will be considered, and with everything being equal, priority will be given to resident organizations. • A tournament which has cancelled 50% or greater of its allocated ice in each of the last two years will lose its historical precedence and will need to apply as a new event in the future. • When an existing tournament has been cancelled, the ice time may be reserved for a new tournament. Dry floor special events will be considered based on demand of ice at the day of the special event, impact on user groups, number of pads booked, days, times, overall financial impact to arena operations, economic development for the City and relationship to the City. 5. Permit Amendments Page 6 of 6 5.1 Cancellations The City of Niagara Falls has the right to control all ice distribution and use of City -owned and operated arenas for the duration of the permit. Controls must be in place to minimize the negative impacts that unused, returned, amended and cancelled ice can have on arena operations and its clients. 5.2. Transferred Ice/ Ice Trades /Sub- Leased Ice The City of Niagara Falls is the sole permit authority for all ice times. The City must be aware of and be able to control the intended use of all ice permitted within its facilities at all times. 5.3. Permit Cancellation Arena Payment and Cancellation Policy (1000.55) - all events are subject to the terms and conditions within that policy. When an arena rental permit has been signed, the City of Niagara Falls cancellation policy comes into effect. 5.4. Permit Cancellations and Rescheduling by the City of Niagara Falls The City reserves the right to reasonably postpone, reschedule or cancel any permitted activity due to justified circumstances. The City reserves the right to cancel a permit or portion of the permit if there is a breach of the condition or regulations or should the City be of the opinion that the facilities are not being used for the purpose contained in the application. Where postponement or rescheduling cannot be mutually coordinated, the permit holder affected will receive a full refund/credit for the time owing. 5.5. Unused Ice To ensure future equitable allocation of ice, Recreation & Culture staff will monitor the actual use and cancellations of permitted ice for each organization and tournaments. Cancelled ice may be allocated to other users. 6. General Management 6.1. Group Representation In order for Recreation & Culture staff to effectively serve their customers, all groups are asked to elect no more than two representatives to serve as liaison between the Recreation & Culture and their group. All communications between the group and Recreation & Culture should, at all times, be channeled through each group's representatives. 6.2. Opening Facilities Outside of Standards Hours of Operation The opening of facilities on statutory holidays when they are normally closed, or beyond established operating hours (as defined by this Ice Allocation Policy), will be considered only if the applicant agrees to pay all fees, including staff costs related to opening and pending the availability of staff. All reasonable requests will be reviewed and responded to. Application does not guarantee approval. Revised April 20, 2010 V:\2010 COUNCIL\2010 07 19 \R &C- 2010 -12- Attachment #1 -Draft Allocation Policy 2010 .wpd Attachment 2 Ice Allocation Policy Meeting Recreation & Culture May 25, 2010 Niagara Falls Memorial Arena 7:00 pm - 8:30 pm In Attendance: User Groups: Allan Dobbin; Randy Copland, Niagara Falls Girls Hockey; Dawn Gallardi, Stamford Skating club; Jim Campbell, Sunday Morning Hockey; Butch Sacco, Vito Scaringi, Niagara Falls Minor Hockey; Glen Forbes, Canadian Hockey Enterprises; Glenn Timlock Chippawa Steamers, Jim Sparkman, Mick & Angelos Oldtimers; Blake Evenson, Recreational Minor Hockey Association; Mike Glazier and Sandra Vadaccllio, Niagara Falls Ringette; Ed Strohak, Play the Puck; Stewart Black, Teachers; Jeremy Gallocci, Gallocci Hockey; Tom Long, Niagara South No Hit; Rick Ferroni, Ferroni Hockey; Nancy Gruel, Nancy Professional Power Skating; Bob Dale, O'Banions Hockey; Sandy Burcuil, Burcuil Hockey; City of Niagara Falls Staff: Dale Morton, Steve Hamilton, Kathy Moldenhauer Following handouts were distributed at the meeting: 1. Revised draft Ice Allocation policy 2. User Group Insurance program 1. Welcome Steve Hamilton welcomed everyone to the meeting and introduced City Staff. Meeting agenda and purpose was reviewed. 2. Gale Centre update Gale Centre is scheduled to open for ice rentals the week of June 7 th. Donor Evening will take place June 24 and the Grand opening on Sunday, June 27. 3. Draft Ice Allocation policy The revised draft Ice Allocation policy handout was reviewed. Steve Hamilton discussed the user groups recommended changes to the policy from the previous meeting. No further changes were requested. 4. Insurance Kathy Moldenhauer reviewed the User Group insurance program. All users renting City facilities are required to provide or purchase two million liability insurance coverage. If an Page 2 of 2 organization or individual does not have, insurance coverage staff will review the insurance options and inform the client of the insurance rate. Insurance must be paid in advance of rental. 5. Questions and answers A. Will two tournaments be scheduled at the same time at the Gale Centre, if each requires 1 -2 pads? Consider the type of tournament and potential conflicts. B. Are new tournaments encouraged at the Gale Centre? Yes for the spring and summer season. Fall and winter schedule must consider existing tournaments and impact to regular user groups. C. How will ice be allocated for the upcoming season? Ice allocation will be fair and equitable. Staff will consider current rental time, day and location. Ice will be allocated to larger organizations at the Gale Centre and Chippawa arena. NiagaraFaIls REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee Niagara Falls, ON SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -52 Riall Street Asphalt Overlay Open House Update RECOMMENDATION That staff be directed to proceed with the asphalt overlay on Riall Street and to investigate the traffic safety complaints raised by the public at the Open House. EXECUTIVE SUMMARY The 2010 Asphalt Overlay program was tendered and awarded to Rankin Construction Inc. The residents on Riall Street received notification of the contractor's paving schedule and expressed concerns regarding the short term nature of the proposed improvements. City Council received presentation from Mr. Lib Zappitelli at the Community Services Committee meeting on June 28 2010. Council directed staff to invite the property owners to attend an Open House on July 5 2010, to answer the questions and to explain the rationale used in the selection process for the annual Overlay Program. Based on the verbal and written comments received by staff the majority of those participating agreed that the paving on Riall Street should proceed as planned. Other concerns regarding the pedestrian safety, speeding and minor drainage problems will be addressed by staff as part of the normal operations. BACKGROUND MW- 2010 -52 July 19, 2010 The annual Asphalt Overlay Program is designed to replace the top layer (or driving surface) of those road sections that are showing visible signs of cracking, potholes or wheel rutting. The key objective is to improve the condition of the driving surface and to seal the road base from surface water and road salt. There are many road sections that require resurfacing and to re -pave them in an indiscriminate manner would be costly and wasteful. Staff has developed the selection criteria for this program based on a the following factors. • Pavement Condition Index • Remaining Service Life • Condition of underground infrastructure • Timing of adjacent development • Public Complaints; and • Insurance Claims July 19, 2010 - MW- 2010 -52 Capital road and sewer projects from the preceding year that require final paving are also added to the list. The program is divided into two phases to allow some flexibility to include minor quantities of concrete curbing, catch basin and manhole adjustments and sidewalk repair. At its meeting on June 14 2010, City Council awarded both phases of the contract to Rankin Construction Inc. The list of selected streets was included as an attachment to report MW- 2010 -38. (see attachment #1) Staff hand delivered information notices to the properties who would be temporarily inconvenienced from the paving operation so that they could be made aware of the City's intentions and to coordinate issues such as access, driveway approach paving and minor drainage concerns (see attachment #2). Council received correspondence from Mr. Lib Zappitelli who was invited to speak to the Community Services Committee on June 28 2010, questioning the City's rationale for deciding to go with the Asphalt Overlay instead of full road construction. At Council's request, staff invited the residents on Riall Street to attend an Open House on July 5 2010 explain the decision criteria used to select this street as part of the program and to receive feedback from residents who where seeking more information. (see attachment #3) Attached are copies of the Sign -In Sheet and three comment forms received from the public that evening. (see attachment #4) ANALYSIS AND RATIONALE The present condition of the Riall Street infrastructure is as stated below. Road - Condition poor A poor pavement condition index, no remaining service life for the top, base or subbase Sanitary Sewer System (Combined) - Condition Fair / Good No blockages in sewer or basement flooding since the 1980's, 29 years of additional service life Storm Sewer System - Condition N/A Combined sewer, storm required Water System - Condition - Very Good High C- factor (internal condition), no watermain breaks, minimum of 39 years remaining service life On the basis of this information staff has concluded the following; 1. The road is in poor condition. The road must be reconstructed or asphalt overlaid now. 2. Delaying road works would increase maintenance costs substantially. 3. The combined sewer system is in fair to good condition with no operational issues or negative impacts. Other combined sewer areas of the City that has basement flooding, sewer blockages and several overflows that negatively impact the environment should receive a higher priority. July 19, 2010 4. The watermain is in good condition. 5. The asphalt overlay will extend the life of the roadway until the condition of the other underground infrastructure approaches the end of its service life. A summary of the asset Condition Rating is provided as attachment #5. FINANCIAL IMPLICATIONS The estimated cost to resurface Riall Street is approximately $180,000. In the event that City Council wishes to defer the paving on Riall Street it may choose to reduce the expenditure by the corresponding amount or reassign the funding to other streets that meet the selection criteria. CITY'S STRATEGIC COMMITMENT The recommendation contained in this report is consistent with City Council's strategic goals to establish infrastructure investment priorities and to continue to monitor and improve the efficiency of the organization. LIST OF ATTACHMENTS 1. Report MW- 2010 -38 2. Notice to Riall Street Residents 3. Notice of Open House 4. Sign -Sheet and Comment Sheets, July 5 2010 Open House. 5. Asset Condition Rating Recommended by: Respectfully submitted: S: \REPORTS\2010 Reports \MW - 2010 -52 Riall Street Asphalt Report.wpd -3- MW- 2010 -52 Geoff Holman, Director of Municipal Works ' Ken To , Chief Administrative Officer NiagalraJ g11s CA�AUA REPORT TO: His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -38 2010 Asphalt Overlay Program Phase 1 and 2 Contract Award BACKGROUND MW- 2010 -38 June 14, 2010 The recoinmendation (s) contained in this report were adopted by City CounCii RECOMMENDATION 1. That the City of Niagara Falls award the tenders for the Asphalt Overlay Phase 1 and Phase 2 to Rankin Construction Inc. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Asphalt Overlay Phase 1 and Phase 2 maintenance contracts are completed each year with the goal of improving the road network within the City of Niagara Falls. The roads that are to be overlayed can be seen on the attached maps. The lowest tender for Phase 1 was received from Rankin Construction Inc. in the amount of $476,445.00. The lowest tender for Phase 2 was received from Rankin Construction Inc. in the amount of $586,985.00. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking these projects. The contract value is within budget forecasts. The Tender Opening Committee, in the presence of the City Clerk Mr. Dean lorfida, opened tenders on Tuesday, June 1, 2010 at 1:30 p.m. for the above noted contracts. For Phase 1 of the contract tender documents were picked up by six(6) Contractors and five(5) bids were received. Listed below is a summary of the totaled tender prices, excluding HST, received from the Contractors: 1. Rankin Construction St. Catharines $476,445.00 2. Brennan Paving Port Colborne $511,836.00 3. Economy Paving Niagara Falls $567,232.50 4. Norjohn Contraction Niagara Falls $583,199.13 5. Circle P Paving Stevensville $600,315.00 For Phase 2 of the contract tender documents were picked up by five(5) Contractors and three(3) bids were received. June 14, 2010 Listed below is a summary of the Contractors: 1. Rankin Construction 2. Brennan Paving 3. Norjohn Contracting & Paving FINANCIAL IMPLICATIONS These projects were approved in the 2010 Capital Budget. The expenditure in the tender was identified in the budget sheet included in the approved Capital Budget. The project is funded. At the present time there are no revisions to the project expenditures or funding sources. The tendered price is within original forecasts; Tender Costs Phase 1 Tender Costs Phase 2 LIST OF ATTACHMENTS ► Local Area Maps Recommended by: Approved by: Total CITY'S STRATEGIC COMMITMENT St. Catharines Port Colborne Niagara Falls CA S: \REPORTS\2010 Reports \MW - 2010 -38 Overlay Phase 1 and 2.wpd Geoff Holma , Di -2- MW- 2010 -38 totalled tender prices, excluding HST, received from the Tender Price $476,445.00 $586,985.00 $1,063,090 $586,985.00 $653,765.00 $673,925.68 The project is scheduled to commence July 2, 2010 and all work is to carry through until September 3, 2010. The overlay contracts have contingency allowances to allow for fluctuations in the market price for asphaltic cement. The completion of both phases of the Asphalt Overlay will continue to improve the quality of the road network throughout the City of Niagara Falls. ctbr of Municipal Works Ken Tod , Chief Operating Officer Cat, Canada. 1.2E 6X5 905- 356 -7521 www.niagarafalts.ca Dear Householder /Business Owner: Re: 2010 Asphalt Overlays - Phase 1 City Contract 2010 -03 NiagaraFalls June 22, 2010 The City of Niagara Falls will be undertaking the resurfacing of the asphalt road on your street. Construction is tentatively scheduled to begin in July 2010 and will be continuous until completion, likely end of August 2010, weather permitting. The streets to be completed are listed below. Unfortunately, due to the number of streets involved in this contract, a specific date can not be determined as to when your street will be completed. First Avenue from Morrison Street to Maple Street Huron Street from Victoria Avenue to First Avenue Leader Lane from Victoria Avenue to Stanton Avenue Maple Street from Victoria Avenue to Third Avenue Riall Street from Dorchester Road to St. Paul Avenue Vegter Court from Kalar Road to West Limit This project will be carried out for the City of Niagara Falls by Rankin Construction Inc. at a tendered construction cost of $ 538,382.00 In general the work will consist of repairing the base asphalt in various areas, milling existing asphalt where required, the installation of concrete curbs at catchbasins where required, raising manholes to finished grade and the placement of top course asphalt. On streets where there are no curbs, all efforts will be made to minimize the street of water ponding areas, since these streets are being resurfaced as opposed to a total reconstruction, there may be slight ponding areas confined along the edge of road after the resurfacing. Due to the scope of the work involved, driveway accessibility may be affected during construction. Every effort will be made to give you notice in advance should this occur. At times there may be some inconvenience to you during the construction period and I respectfully request your patience and co- operation during this period. If we disturb your property during the Community Services Department Municipal Works Ext 6227 Fax 905 - 356 -2354 stoth ©niagarafalls.ca Working Together to Serve Our Community - 2 - construction, we or our Contractor will carry out the necessary repairs as quickly as possible. With respect to sod restoration, please be advised that the City's Contractor will water and roll the sod immediately after placement. To ensure proper root growth, the householder is requested to continue to water the new sod after the initial watering by the City's Contractor. Should you have any questions concerning this work please feel free to call Chris Anders or myself. Mr. Chris Anders Project Manager Thank you for your co- operation. 356 -7521 ext. 6206 Yours truly, Steve Toth, C.E.T. Manager of Construction SlgnJneMN ' =MI Naha NINNINIMINEGIBMINIIIIIMEIMMINIM IMINIMININOWINIMMIIIIMMINNWINIii ENIMMINIIMBEIMEMMIIIII MINIBMIIIIMEIMMINII FliMiliMIIIRMWEINNIEMINI INIMINIMIMEIMMEINIENENIMMENI WINEMEMEMMINIMMEMEZIENIMIM INMSWIMINNEIRMINIEMENNI MINIIIIMMI MEMENUIRMIEBEN111111111 IRMIIIIM Atl dress Phone MEM ) (. MIIIIIIIIIIIIIIIIIIIIIIIMIIIIII MIIIIIIIIIIIIMMIIIIIIIIIIIIIIIIIIIIIIIII Riall Street - Asphalt Overlay Open House File: 2010 -03 Monday, July 5, 2010 City Hall Committee Room 2 at 6:00 p.m. . C.40 Name: Comment Sheet Riall Street Open House July 5, 2010 Address: te PhoneNumber: eD S — 0 (p — 59 4 Email Address: J �( ,��,r� 1 ; ye- , C.5 Comments: epior Comment Sheet Riall Street Open House July 5, 2010 Name: L 1 ) (; 'woke 1 ,` "1-{ Address: (10 8i � S� /V 5 7 ( PhoneNumber: qp C - 39 - k ( Email Address: / C yn0 v { C EP9em G 4i Comments: ,�1/aid ,r,4 -0/A9.175 l L1 SCr»'75 0N,c.Ly -- 1 11- 4/7;.e4) Ts �crWrz L Name: Address: PhoneNumber: Email Address: Comments: Comment Sheet Riall Street Open House July 5, 2010 tflCik L @3'k s' ?Th4LL �T 465 =.'>S? ThML&1) VLU(L t kte.00 CAUNUL W \A)Kir M Q� • MCtfJ 0.e09 4 5141V -17 11E. '41gW,LT ‘Airvikt A M V\9 ' cu �icus �� �� ��ieS � n� No Basement Flooding, No storm sewer, Vile Overflow Location- Sewage Treatment Plant I Ductile Iron 35 / Polyvinylchloride 47 I C Factor 120 -130, No Watermain Breaks V/N I:ONDITIOF RialI Stree ng Service Life 29 YIN (Storm Sewer I i REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2010 -61 Niagarapalls July 19, 2010 CAAA UA SUBJECT: PD- 2010 -61 Matters Arising from the Municipal Heritage Committee Queen Victoria Fountain at the Niagara Falls History Museum 5810 Ferry Street RECOMMENDATION For the consideration of Committee. EXECUTIVE SUMMARY At the April 28, 2010 meeting of the Municipal Heritage Committee, the following motion was adopted: "That the Queen Victoria Monument at the Lundy's Lane Museum not be relocated, but retained on -site in a prominent location." The matter was further discussed by the Committee on June 23, 2010. BACKGROUND The Niagara Falls History Museum property is designated as a property of architectural value and historic interest by By -law 78 -26. The by -law includes in the heritage designation "all buildings and structures thereon ". The Queen Victoria Fountain (see Appendix 1) is a structure on the property and therefore the Municipal Heritage Committee may provide advice to City Council on the matter. City Council had previously considered the proposed addition to the History Museum and determined the new building to be an appropriate alteration of the site. The new building will, by necessity, require that the Queen Victoria Fountain be dismantled and relocated as the fountain is located within the footprint of the addition. The fountain was commissioned as a memorial to Queen Victoria's life and was erected in 1901 following her death. Originally the fountain was located at the northwest corner of Ferry Street and Main Street, but was moved to the front of the Museum, then Stamford Township Hall, when the intersection was improved and widened. The Heritage Committee recently learned that the Museum's Board intends to relocate the fountain to Redmond Heights on the Lundy's Lane Battleground. Previously, the Committee had seen a rendering which showed the Queen Victoria Fountain in a position at the corner of Ferry Street and Sylvia Place (see Appendix 2) in front of the existing Museum Building. The Committee is of the opinion that this location is preferable for the following reasons: July 19, 2010 - 2 - PD- 2010 -61 The Museum's Board has been working with the architects to fit as much onto the existing museum site as possible. It is a challenge to achieve everything given the small size of the site including new entrance podium, wheelchair accessibility and outdoor education space. The Museum Board is of the view that: • • It is essential that the monument be dismantled for museum construction to proceed. The work of dismantling the monument and re- erecting it will be undertaken by Rempel Masonry, which has experience restoring historic stonework. There are 2 possible options: Option 1 - Dismantle the fountain and store the stones until work on the Museum expansion is complete then re -erect the fountain on a new foundation at the corner of Sylvia Place and Ferry Street; or Option 2 - Dismantle the fountain and move the stones to Redmond Heights to be re- erected on a new foundation. FINANCIAL IMPLICATIONS The relocation of the Queen Victoria Monument is part of the Museum's budget. There may be a marginal increase in cost for Option 1 in order to temporarily store the stones until they can be re- erected . LIST OF ATTACHMENTS the monument will maintain its visual prominence on Ferry Street; the monument has been located on these lands for 87 years; the importance of the Battleground pre- exists Queen Victoria's birth by 5 years and her reign by 23 years and is more relevant to be located in front of a building constructed during her lifetime; and the monument is a designated feature. ► Appendix 1 - Photograph of Queen Victoria Fountain ► Appendix 2 - Rendering of Museum and Expansion with fountain at Sylvia & Ferry. Recommended by: Respectfully submitted: there is insufficient room to properly place the monument on the corner and may be a visual distraction the monument is not in its original location permission has been obtained from the Ontario Heritage Trust to relocate the monument to Redmond Heights the Battleground is a designated property. 1Ly Alex Herlovitch, Director of Planning, & Development 9, Building p K Todd, Chief Administrative Officer A.Herlovitch:pb Attach. S: \PDR \2010 \PD - 2010 -61, Matters Arising from the MHC -Queen Victoria Fountain.wpd July 19, 2010 - 3 - APPENDIX 1 PD- 2010 -61 July 19, 2010 - 4 - APPENDIX 2 PD- 2010 -61 Niagaraaalls REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -54 Matters Arising from the Municipal Heritage Committee RECOMMENDATION That Council approve the following: PD- 2010 -54 July 19, 2010 a) Reverend William Leeming House, 5781 Highland Avenue, owner Tomas Tocek, a 2010 Designated Property Grant for the restoration of the stone foundation of the house to a maximum of $3,000 be funded from reserves. b) Former CIBC Bank /Ryall- Walker Law Office, 4190 Bridge Street, owner John Fiedorek, for the installation of artificial slate roof on the building. EXECUTIVE SUMMARY At the June 23, 2010 meeting of the Municipal Heritage Committee, the following motions were adopted: That the Committee supports the request for a grant to a maximum of $3,000 for the Reverend William Leeming House. The Committee requests that the amount of $3,000 be transferred from the reserve funds for the purposes of this grant. That the Committee supports the request to install an artificial slate roofing material on the former CIBC Bank /Ryall- Walker Law Office. BACKGROUND The Municipal Heritage Committee held its regular meeting on June 23, 2010 and considered three deputations regarding designated properties. The Committee supported two deputations and deferred one deputation until revised drawings of proposed alterations are received. 1. Designated Property Grant Application- 5781 Highland Avenue, Reverend William Leeming House Applications were received for Designated Property Grants in May 2010. An application was received from the owners of the property for the restoration of the stone foundation on the house at the same time as all the other grant applications but was deferred in order for the owner to satisfy the committee that the appropriate work would be carried out on the house. The proposed foundation work is in keeping with the Ministry of Culture Conservation /Preservation guidelines and also the Designated Property Grant guidelines. July 19, 2010 - 2 - PD- 2010 -54 The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application with the conditions that the Ministry of Culture guidelines be followed regarding the appropriate mortar mix (1:1:6 or 1:2:9 or 1:3:12); that the joints be cut out to a minimum depth of 1 inch; that hand tools only be used for the cutting out of old mortar and that this information be indicated on the invoice for payment that will be submitted to the City" The grant guidelines state that two- thirds of the eligible costs of a project to a maximum of $3,000 will be paid to an owner. The estimated cost of this project is $5,355. Grant guidelines cap the amount of eligible costs at $3,000. As the 2010 budget has been allocated, the Municipal Heritage Committee will transfer the $3,000 from the reserve account for designated property grants. 2. Designated Property Owner's Request for Alteration - 4190 Bridge Street, Former CIBC Bank/Ryall- Walker Law Office A request came before the Committee to replace the asphalt shingle roof on the building with an artificial slate shingle. An examination of historic photographs from 1919 and also of a very similar building in Kenora, did not reveal the original roofing material. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the request to re- shingle the former CIBC Bank /Ryall- Walker law office with the Certain Teed Symphony slate series (Capital blend colour scheme) shingle for use in the roof restoration at 4190 Bridge Street." This is not a request for a designated property grant, but as a designated property, the owner is obliged to come before the Committee if they wish to alter or restore the property. FINANCIAL IMPLICATIONS The 2010 Budget allocates $9,000 to Municipal Heritage Property Grants. This money has been allocated to 3 previous grants. The reserve account is currently $55,932.50, which is sufficient to cover the $3,000 grant for 5781 Highland Avenue. LIST OF ATTACHMENTS • No attachments. Recommended by: Respectfully submitted: (;(-1/ j,„<kl Alex Herlovitch, Director of Planning, Building & Development P.Boyle:mb S: \PDR\2010 \PD- 2010 -54, Matters Arising from the MHC.wpd Ke Todd, Chief Administrative Officer ff: Niagaraaa1Is July 19, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee Niagara Falls, ON SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -51 Niagara Falls History Museum - Tender Results Restoration and Expansion Project RECOMMENDATION 2. That the Mayor and Clerk be authorized to execute this Agreement. EXECUTIVE SUMMARY MW- 2010 -51 1. That Council award the contract to CSL Collaborative Structures Ltd at the tendered price of $7,600,000; and, The Lundy's Lane Battlefield Legacy Project is a $12 million dollar project which is planned to be implemented in three phases over the next 2 -3 years. The first phase involves the renovation and expansion of the Niagara Falls History Museum (formerly the Lundy's Lane Historical Museum) which will include the development of the War of 1812 Visitors Centre, permanent and temporary exhibition galleries, a multi - purpose space and modern artifact storage spaces that comply with the current standards for museums throughout the Province. This phase of the project was estimated to cost approximately $9.7 million. The City's application under the Building Canada Fund was approved for Phase 1 which will provide Federal and Provincial contributions covering 2 /3rds of the project cost. The City has engaged the services of GENIVAR Ontario Inc. as the project managers and the firm Moriyama and Teshima Architects Ltd. to complete the design drawings and contract specifications. A call for Expressions of Interest (EOI) was issued by staff this Spring. Four companies were selected based on their qualifications and experience with similar projects. These four firms were invited to bid on the contract documents through the City's standard Public Tender process. The project team has completed a review of the tenders and is recommending the contract be awarded to the low bidder, CSL Collaborative Structures Ltd. Cambridge, Ontario) at their tendered price of $7,600,000. The tendered amount includes a 10% contingency which may be required to address some issues related to the integrity of the building foundation. There are also opportunities for potential credits on the glazing prices received from the sub - contractors. Notwithstanding the contingency issue, the tendered price is well below the funding request made under the July 19, 2010 Building Canada Fund. Staff will be seeking opportunities to maximize the grant commitments for the Federal and Provincial governments. Staff will be reporting back shortly to seek direction on the second and third phases of this project. BACKGROUND Four tenders were submitted and opened on Thursday, July 8 at 1:30pm. In attendance were the Dean lorfida (City Clerk), Bill Matson (Deputy Clerk) and Geoff Holman (Director of Municipal Works). The results of the tender, excluding taxes, were as follows; 1. CSL Collaborative Structures Limited $7,600,000 2. Harbridge + Cross Limited. $8,000,000 3. Merit Contractors Niagara $8,199,000 4. T.R. Hinan Contractors Inc. $8,300,000 All bids were checked by the project managers and verified as to their accuracy. The consultant's recommendation is attached. The project is expected to commence later this summer and be completed by June 2012. FINANCIAL IMPLICATIONS -2- MW- 2010 -51 The project was included in the approved 2010 Capital Budget as a project to be financed over a multi -year period. The proposed expenditure is less than the amount allocated for this portion of the project. CITY'S STRATEGIC COMMITMENT The recommendation contained in this report is consistent with the City's Strategic priority to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Letter from GENIVAR, dated July 14 2010. Recommended by: Respectfully submitted: Geoff Holma , Dire • or of Municipal Works Ken Todd, Chief Administrative Officer GENIUAR July 13, 2010 Geoff Holman, C.E.T Director of Municipal Works City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 2E8 Dear Geoff: Further to our conversation of today and in accordance with the technical review of the contractor's submissions by the project team for the renovation and expansion of the Lundy's Lane History Museum, this is to confirm the following: Recommendation to Award: 1. The project team recommends the contract be awarded to CSL Collaborative Structures Inc. for the tender price of $7,600,000.00. Background / Process Tender Documents: Pre - qualification of General Contractors: Re: Tender Recommendation Lundy's Lane History Museum 1. The tender documents for the renovation and expansion of the Lundy's Lane History Museum were prepared by the architectural firm Moriyama Teshima Architects in accordance with the design approved by the City of Niagara Falls. 1. The City of Niagara Falls, with input from the project team, issued a request for pre - qualification for general contractors. 2. The intent of the pre - qualification was to select contractors with relevant experience in projects of similar scale and functional program. 3. As a result of the pre - qualification process, the following general contractors were invited to submit bids: 1. CSL Collaborative Structures Ltd 2. Harbridge and Cross Ltd 3. Merit Contractors Niagara 4. T.R. Hinan Contractors Inc 4 - 60 Harbour St., Toronto, Ontario CANADA M5J 1 B7 Telephone: (416) 977 -9666 - Fax: (416) 977 -9662 - www.genivar.com Tender Period: 1. The tender documents were issued to the bidders on June 14, 2010. 2. A non - mandatory job show was convened on June 23, 2010. 3. All the invited bidders attended the job show. 4. A second non - mandatory job show was organized to permit the bidders to undertake a more detailed review of the existing conditions. 5. During the tender period a series of questions were received and 3 addenda were issued to respond to the questions. Tender Submissions: 1. All four prequalified bidders submitted bids. 2. The following is a summary of the bids submitted: 1. CSL Collaborative Structures Ltd 2. Harbridge and Cross Ltd 3. Merit Contractors Niagara 4. T.R. Hinan Contractors Inc Authorized Budget: 1. The following is a summary of the authorized project budget: 1. Hard Construction Costs, including testing and signage 2. Construction Contingency 3. Soft Costs, includes fees, exhibit construction, accessories etc. 4. Project Contingency 5. Total Authorized Budget Possible Credits and Other costs: $7,600,000.00 $8,000,000.00 $8,199,000.00 $8,300,000.00 $7,429,600.00 $725,400.00 $2,529,900.00 $262,490.00 $10,947,390.00 2. The low bid of $7,600,000.00 exceeds the authorized construction budget of $7,429,600.00 by $170,400.00. 1. Glazing / Curtain wall Credit: a. CSL Collaborative Structures has indicated there is a $400,000.00 credit associated with the revision of the glazing sub - trade. b. The proposed revision will require research by the Consultant team prior to recommendation of the credit to ensure the quality of the project is not compromised by this proposal. 2. Shoring Systems Extra: a. During the tender period a question was raised regarding the specified shoring system. b. The question could not be answered without extending the closing date for the bid, which would have impacted the overall project schedule. c. The Consultant team must review the cost impact associated with the revision to the shoring systems; however it is anticipated that the revision will be an increase to base contract. Conclusion: 1. Based on the review of the contractor's bids provided the City of Niagara Falls Purchasing Department, Moriyama and Teshima Architects and GENIVAR recommend the award of the contract to CSL Collaborative Structures Ltd. 2. The recommendation is based on the understanding that the project team will finalize the costs associated with the glazing and shoring after award of the project and that the City of Niagara Falls Purchasing Department has verified the bids are in conformance with the City's purchasing protocols. We trust the recommendation is acceptable to the City and would be pleased to provide any supplemental information required to assist in the decision making process. Regards John Fry GENIVAR c.c. Moriyama Teshima Architects — Brian Rudy Niagaraaalls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Clerks Department CD- 2010 -07 Political Advertising CD- 2010 -07 July 19, 2010 That the Corporate Advertising Policy state the following regarding political advertising: The City will not allow advertising, either directly or through third party arrangements that: Promotes, or may be construed to promote, a political party or candidate during municipal, provincial or federal election campaigns, so as to avoid any impression that the City is supporting any particular party or candidate. EXECUTIVE SUMMARY Staff introduced a Corporate Advertising Policy. Council deferred the one aspect of the policy dealing with political advertising. Contracts with third party vendors for advertising already prohibit political advertising. The policy formalizes this practice. Putting restrictions in place to prohibit political advertising, avoids any appearance that the municipality is endorsing a candidate. Also, as most advertising is prepaid, there is no financial benefit to the City to "open up" to political advertising. BACKGROUND At the June 28 meeting, staff brought forward a Corporate Advertising Policy. The Policy was approved except for a section regarding political advertising. A motion in committee to prohibit all political advertising, regardless of election year status, was recommended but the matter was deferred at the time of ratification in Council. ANALYSIS /RATIONALE Council has three options: prohibit all political advertising (the motion in Committee), have no restrictions on political advertising or allow political advertising except in election campaigns (the staff recommendation). As indicated at the meeting on June 28 the purpose of the policy was to formalize rules for corporate advertising. Some of these rules have been practised by the corporation for some time or have been contained in contracts with third party advertisers. Having a stand -alone policy allows staff to refer to the policy in times of doubt or dispute. July 19, 2010 - 2 - CD- 2010 -07 The vehicles in which the municipality receives advertising include buses, bus shelters, street hardware, arena boards, the Leisure Guide and event sponsorship. In the case of arena boards and transit - related advertising, a tender or RFP determines the successful third party proponent. None of the contracts with the third party proponents are based on volume; therefore, allowing political advertising will have no impact on the City's revenues, as such contracts are prepaid. During an election campaign, candidates have a myriad of avenues or methods to advertise. Putting some restrictions on political advertising on City property and vehicles would not detrimentally affect any candidates. They will still be able to advertise in private publications and on election signs during the requisite time period. Restricting political advertising from municipal property during a campaign helps prevent any appearance of impropriety or favouritism, on the part of the municipality. Below are the pros and cons of the various options: Approach No restrictions on political advertising Ban all political advertising No political advertising during election campaigns Pros The third party vendor may be able to fill empty ad space with political advertising. No ambiguity - all political advertisements would be prohibited. Allows some political advertising when it is unlikely to be construed as endorsing one candidate over another. Cons Unless there is a clear disclaimer, there may be an appearance that the municipality is endorsing a candidate or party in a given election. There may be an expectation that public spaces should not be "politicized ". Constituent offices will not be able to advertise to the public. Councillors will not be able to advertise in municipal vehicles they support, such as the Leisure Guide. Political advertising, even in off- election years, is political advertising and provides exposure to a politician or party. July 19, 2010 FINANCIAL /STAFFING /LEGAL IMPLICATIONS As indicated, advertising contracts are pre -paid and not based on volume; therefore, no additional revenue would be realized by allowing political advertising on municipal property or vehicles. CITY'S STRATEGIC COMMITMENT Continue to monitor and improve the efficiency of the corporation. LIST OF ATTACHMENTS ✓ R &C2010 -15 and related policy Recommended by: Respectfully submitted: - 3 - CD- 2010 -07 Dean orfida, C Cler K n Todd, Chief Administrative Officer R &C- 2010 -15 Niagarapalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture Transportation Services SUBJECT: R &C- 2010 -15 Advertising Policy RECOMMENDATION That Council approve the attached Advertising Policy, effective June 28, 2010. EXECUTIVE SUMMARY The Advertising Policy will guide staff to safeguard the City's corporate values, image, assets, and interests while increasing the opportunities for revenue generation. This policy applies to all relationships between the City of Niagara Falls and businesses, organizations and individuals that contribute either financially or in -kind to City programs, services or facilities in return for recognition, public acknowledgment or other promotional considerations. This includes special event sponsorship and paid advertising on City property, at City events, and in City publications. The proposed Advertising Policy will be applicable to all Departments within the corporation. BACKGROUND Staff has researched municipal advertising policies from Ottawa, Oshawa, Kingston and Thunder Bay to develop consistent principles and conditions to protect the City's image. The following principles and conditions are similar to other municipal advertising policies. All sponsorship and advertising contracts must comply with federal and provincial statutes, municipal by -laws, and the standards set out by the Canadian Advertising Standards Council; The City will maintain control over the planning and delivery of sponsorship activities; Contracts will not, in any way, invoke future consideration or influence, or be perceived to influence the day -to -day business of the City; • The relationship must not cause a City employee to receive any product, service or assets for personal gain or use; • Advertising devices must not impact the quality and integrity of the City's properties, June 28, 2010 - 2 - R &C- 2010 -15 The advertisement of a product or service does not act as the City's endorsement of any product or service over another. The City will not allow advertising, either directly or through third party arrangements that: • Convey a negative religious message that might be deemed prejudicial to religious groups; • Promote alcohol and other addictive substances, at any venues; Present demeaning or derogatory portrayals of individuals or groups or contain anything, which, in Tight of generally prevailing community standards, is likely to cause deep or widespread offence; Promotes, or may be construed to promote, a political party or candidate during municipal, provincial or federal election campaigns, so as to avoid any impression that the City is supporting any particular party or candidate. ANALYSIS /RATIONALE The Advertising Policy of the City of Niagara Falls sets out appropriate and consistent guidelines for managing public advertising media and space while maximizing revenue opportunities. The City recognizes the sale of commercial advertising media and space as an appropriate revenue source to offset the costs of municipal business by supplementing user fees and avoiding additional taxation. Recreation & Culture and Transportation Services have expanded available advertising opportunities to generate additional revenue for their departments. FINANCIAL/STAFFING /LEGAL IMPLICATIONS Advertising opportunities provide additional revenue for the City of Niagara Falls. Recreation & Culture's current advertising and sponsorship revenues are generated from the following areas: 1) Gale Centre ice board and logo potential revenue range of $90,000 to $120,000 per year, with a minimum of $25,000.00 per year will be guaranteed over a 5 -year contract; 2) Sponsorship for special events, $16,000 for Canada Day and the Santa Claus parade. Transportation Services' current advertising revenues are generated from the following areas: 1) Street Hardware - Recycling /garbage containers and pedestrian barriers - $2,640; 2) Bus Shelters - $21,150; 3) Bus advertising both inside and outside - $36,000. June 28, 2010 CITY'S STRATEGIC COMMITMENT One of the seven (7) strategic priorities identified in 2007 by Council were to 'identify and evaluate alternative sources of revenue'. Given the fiscal challenges faced in 2010 and what is anticipated in future years, staff is reviewing potential new revenue sources through advertising revenues. The Advertising Policy will provide guidance to staff when evaluating new opportunities. LIST OF ATTACHMENTS 1. Draft Advertising Policy Prepared by: Respectfully submitted: KM /das 1 - 3 - R&C- 2010 -15 Kathy Moldenhauer, Manager of Policy & Community Development Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer DEPARTMENTS: RECREATION & CULTURE TRANSPORTATION SERVICES DATE EFFECTED: June 28, 2010 POLICY: Advertising R &C- 2010 -15 Policy Statement The City of Niagara Falls welcomes and encourages sponsorships and advertising that will generate revenue to support City services and projects. All sponsorships and advertising will: • Be consistent with the City of Niagara Falls's vision, mission and values. • Not compromise or contradict any by -law or policy of the City, or reflect negatively on the City's public image. Be established in a manner that ensures access and fairness, and results in the optimal balance of benefits to the City and the community. Purpose The primary objective of this policy's parameters and guidelines is to safeguard the City's corporate values, image, assets, and interests while increasing the opportunities for revenue generation. Scope This policy applies to all relationships between the City of Niagara Falls and businesses, organizations and individuals that contribute either financially or in -kind to City programs, services or facilities in return for recognition, public acknowledgment or other promotional considerations. The policy applies to the following: • Program and special event sponsorship • Paid advertising on City property, at City events, and in City publications Definitions Advertising Advertising is the sale to an external company, organization, enterprise, association or individual of advertising space on City printed materials or property, at City events, or in conjunction with a City program. Unlike sponsorship, advertising involves the simple purchase by an advertiser of advertising space sold at rates determined by the City. The purchaser of this space is not entitled to any additional benefits other than those accruing from access to the space purchased. City Property All land, parkland, playing fields, buildings, vehicles, bus shelters, street hardware, facilities, mobile signage, etc owned and/or managed under a lease or license by the City. Sponsorship A mutually agreed upon written arrangement between the City of Niagara Falls and an external company, organization, enterprise, association or individual whereby the external party (sponsor) contributes money, goods or services to a City of Niagara Falls facility, program, project, or special -2- event in return for recognition, acknowledgment, or other promotional considerations or benefits. This does not include donations and gifts, or advice to the City where no business relationship or association is contemplated or is required and where no reciprocal consideration is being sought. Forms of Sponsorship Cash — A sponsorship received in the form of money. In -kind — Goods or services of value to the City are received rather than cash. Principles and Conditions • All sponsorship and advertising contracts must comply with federal and provincial statutes, municipal by -laws, and the standards set out by the Canadian Advertising Standards Council The City will maintain control over the planning and delivery of sponsorship activities. The City shall have the right to cancel or revoke the approval of any previously approved advertising location. In the event, a new outdoor advertising location falls within the boundaries of a local Business Improvement Area, written consent must be obtained from the Business Improvement area prior to the installation. Contracts will not in any way invoke future consideration or influence, or be perceived to influence the day -to -day business of the City. The relationship must not cause a City employee to receive any product, service or assets for personal gain or use. Advertising devices must not impact the quality and integrity of the City's properties, buildings or street scape, and provide no added risks to safety. • The advertisement of a product or service does not act as the City's endorsement of anyone product or service over another. • The applicable Director will have the responsibility of determining the appropriateness of advertising requests and will not accept advertising even when related to recreation services and products that are not compatible with the values of a healthy city or positive recreation experiences. • The sponsorship and advertising opportunity should be appropriate to the target audience. Restrictions for Sponsorship and Advertising The advertisement shall be of good character and appearance, free from vulgarity or indecent suggestions of any kind or nature. The corporation has the right to remove if deemed offensive in nature. The City will not solicit or accept sponsorship or advertising from companies whose reputation could prove detrimental to the City's public image and/or whose main business is derived from: • The sale of tobacco or alcohol • Pornography or related adult entertainment industry • The support of, or involvement in the production, distribution, and sale of weapons and other life - threatening products. The City will not allow advertising, either directly or through third party arrangements that: • Convey a negative religious message that might be deemed prejudicial to religious groups. • Promote alcohol and other addictive substances, at any venues. -3- Present demeaning or derogatory portrayals of individuals or groups or contain anything, which, in light of generally prevailing community standards, is likely to cause deep or widespread offence. Promotes, or may be construed to promote, a political party or candidate during municipal, provincial or federal election campaigns, so as to avoid any impression that the City is supporting any particular party or candidate. Advertising Rates The City's rental rates for advertising space will reflect market value which may vary depending on the location of the space. The City will, unless circumstances warrant otherwise, rent advertising space on a first -come, first -served basis. Administrative Requirements All sponsorship and advertising contracts will be evaluated on an annual basis to determine continued benefit. The City reserves the right to terminate an existing sponsorship or an advertising contract should a condition arise that makes it no longer in the best interests of the City. Responsibilities Staff approving sponsorship and advertising proposals must ensure that all relevant by -laws and policies are adhered to and appropriate consultation and approval authorities are respected. City staff is responsible for ensuring that third party advertising relationships abide by the restrictions noted in this policy. 1 ~�%��� IIII�II� i iP CITY OF! .CANAD4 N IAGARA FAk The City of Niagara Falls, Ontario Resolution No. 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 if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on July 19th, 2010 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter 239(2)(c)proposed acquisition of land or disposition by the municipality. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR