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2010/08/09COMMUNITY SERVICES COMMITTEE AGENDA 2) REPORTS: STAFF CONTACT: a) PD- 2010 -61 Matters Arising from the MHC, Queen Victoria Fountain Alex Herlovitch b) PD- 2010 -69 Supplemental Report - Queen Victoria Fountain /Monument Alex Herlovitch c) CD- 2010 -08 Niagara Military Museum Dean lorfida d) PD- 2010 -62 Status of the Special Purpose Reserve within the Historic Alex Herlovitch Drummondville CIP Area e) F- 2010 -48 Assessment of Outdoor Inventory Areas Todd Harrison f) TS- 2010 -37 Niagara Air Bus Vehicles Karl Dren g) TS- 2010 -38 Family & Children Services Charter Request Karl Dren h) CAO- 2010 -06 Gale Centre Alarms Ken Todd i) CD- 2010 -07 Political Advertising Dean lorfida 3) NEW BUSINESS: 4) ADJOURNMENT: ELEVENTH MEETING Monday, AUGUST 9, 2010 5:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the July 19, 2010 Community Services Minutes. a) Resolution to go into Closed Meeting. IN CAMERA SESSION MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Tenth Meeting Monday, July , 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, Victor Pietrangelo and Vince Kerrio. ABSENT: Councillor Janice Wing, Ken Todd STAFF: Ken Beaman, Geoff Holman, Lee Smith, Alex Herlovitch, Serge Felicetti, Todd Harrison, Trent Dark, Dale Morton, Dean lorfida, Steve Hamilton and Marianne Tikky, Steno. GUEST: Gary Burke, Don Jackson, David Fotheringham, Laurel Campbell, Don Ede, Margaret Mingle - Members of the Municipal Heritage Committee, Lib Zappitelli - Riall Street Overlay, Gord West. PRESS: Corey Larocque, Niagara Falls Review, Becky Day, Niagara This Week 1) MINUTES: a) MOVED on the motion of Councillor Pietrangelo, seconded by Mayor Salci that the minutes of the June 28, 2010 meeting be approved. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. 2) REPORTS: a) R &C- 2010 -12 Ice Allocation Policy MOVED on the motion of Councillor Kerrio, seconded by Councillor Diodati that Council approve the Ice Allocation Policy and that the Ice Allocation policy be effective September 13, 2010. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. b) MW- 2010 -52 Riall Street MOVED on the motion of Councillor Kerrio, seconded by Councillor Thomson 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. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. Community Service Committee -2- July 19, 2010 c) PD- 2010 -61 Queen Victoria Fountain at the Niagara Falls History Museum - 5810 Ferry Street MOVED on the motion of Councillor Fisher, seconded by Councillor Thomson that this report be deferred. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. d) PD- 2010 -54 Matters Arising from the Municipal Heritage Committee MOVED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council approve the following: 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. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. e) MW- 2010 -51 Tender: Lundy's Lane Historical Museum Moved on the motion of Councillor Pietrangelo, seconded by Mayor Salci; 1. That Council award the contract to CSL Collaborative Structures Ltd. at the tendered price of $7,600,000; and, 2. That the Mayor and Clerk be authorized to execute this Agreement. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. f) CD- 2010 -07 Political Advertising MOVED on the motion of Councillor Thomson, seconded by Councillor Fisher that this report be deferred. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. Community Service Committee 3) NEW BUSINESS: -3- July 19, 2010 a) MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff investigate who's responsible for the maintenance of the native cairn on St. Paul Avenue. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. b) MOVED on the motion of Councillor Thomson, seconded by Councillor Fisher that staff report back on the cost to highlight and improve the battle of 1812 markers. Motion: Carried Action: Recommendation submitted to Council July 19, 2010. 4) ADJOURNMENT MOVED by Councillor Fisher, seconded by Councillor Kerrio that the Community Services Committee adjourn at 5:26 p.m. and Committee move into an In- Camera Session. Motion: Carried 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 Niagaraaalls August 9, 2010 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: August 9, 2010 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: - 2 - PD- 2010 -61 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. 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. 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 ► Appendix 1 - Photograph of Queen Victoria Fountain • Appendix 2 - Rendering of Museum and Expansion with fountain at Sylvia & Ferry. Recommended by: Respectfully submitted: i' L l --/ fT 4-1 ‘ 5 W4A.(,ctO Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer A.Herlovitch:pb Attach. S: \PDR\2010 \PD- 2010 -61, Matters Arising from the MHC -Queen Victoria Fountain.wpd August 9, 2010 - 3 - APPENDIX 1 PD- 2010 -61 August 9, 2010 - 4 - APPENDIX 2 PD- 2010 -61 NiagaraJaps August 9, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development RECOMMENDATION It is recommended: BACKGROUND Removal of the Fountain PD- 2010 -69 SUBJECT: PD- 2010 -69 Supplemental Report - Queen Victoria Fountain /Monument 1. That the Queen Victoria Fountain be removed from its current location intact, if physically possible, by a qualified mason following proper and prescribed heritage preservation practices and held in storage; and 2. That staff, the Museum Board and the Municipal Heritage Committee work together to determine the appropriate future location for the monument and report back to Council. On October 19, 2009, City Council approved the alteration of a designated heritage property to allow an addition to the east side of the Niagara Falls History Museum (former Stamford Township Hall). The museum addition is close to the street and also involves a new entrance podium with access ramps which affects the land on which the Queen Victoria Fountain /Monument is located. This report is supplemental to Report PD- 2010 -61, containing a motion from Municipal Heritage Committee that the monument be retained on site in a prominent location was deferred at Community Services Committee on July 19, 2010 to allow all interested parties to be able to attend and speak to the matter. This report focuses on three areas: the imminent removal of the Fountain, the storage of the monument and the future location of the monument. The Queen Victoria Fountain is located at the stone wall which demarcates the edge of the property at the City sidewalk. The museum expansion plans provide for an accessibility ramp, entrance level podium and building addition in this area which leaves no room for the monument in its current location. On July 19, 2010, Council approved the tender for the museum expansion and the contractor anticipates commencing the project by mid - August. The monument has to be removed in order to allow the project to move forward. In accordance with Ministry of Labour requirements, the contractor(s) must secure the site for their respective construction activities. The whole of the site is needed for the building contractor to stage, excavate and build which would not allow the monument contractor to August 9, 2010 - 2 - PD- ZU1U -b 3 work on the site simultaneously and meet provincial regulations. Therefore, the monument should be removed to safekeeping first in order to protect it from the large scale equipment and operations which will occur on the building site. The Museum Board received two quotes in response to a request for bids to remove the monument and rebuild it. The bid by Rempel Masonry Restoration satisfied the requirements of the request and provides for the removal of all stones individually, numbering the stones, placing the stones on pallets, transporting the pallets to storage and to reassemble the monument at a future date. The quote provides that the City will provide the location for temporary storage. The Municipal Heritage Committee requested that removal of the monument intact be investigated and provided the names of two companies they believed could perform the work. A search of available literature (printed and internet) did not reveal anything definitive on whether the monument should be moved as one piece or as individual (82) pieces. Certainly the least amount of intervention is considered best in most circumstances. Whether technology and equipment is available to move the monument intact is still being investigated by City Staff with the contacts provided. Time is of the essence. It is necessary for Council to authorize the removal of the monument and allow staff to work with the contractors to secure the safe and proper removal of the fountain. The cost of removal and re- erection of the fountain was to come from the Museum Board's reserve, although they are seeking a funding sponsor for this work. Storage of the Monument The Municipal Heritage Committee has expressed concern that storage of the Fountain off - site raises the risk that it would be lost (in whole or part) or damaged; this includes the thought that the farther away the monument is transported the greater the risk. MHC prefers that the Fountain stay on the Museum site and even permanently relocated to the north east corner of the property. The quote by Rempel Masonry references the need to store the monument until such a time as it can be rebuilt. The City can provide space at either the Stanley Avenue Service Centre or at Fairview Cemetery. City Staff have some concerns about an immediate relocation of the Fountain to the north east corner of the Museum site during the construction period. Staff feel the site is very constrained and there may not be enough room to provide space around the monument to adequately protect it from the heavy equipment maneuvering on site nor provide sufficient separation from the major construction work which will occur next to the remaining front lawn. Future Location The lands at 5810 Ferry Street are designated by By -law 78 -26 under the Ontario Heritage Act to be a property of architectural value and historic interest. The reasons for designation are set out in Schedule B to that By -law which describes the Old Stamford Township Hall. While the By -law does not specifically reference the Queen Victoria Fountain, it has generally been the position that designation applies to the Fountain (memo Rosemary Sharp August 4, 1988) as it is a structure located on the property described in Schedule A. August 9, 2010 - 3 - PD- 2010 -69 Under Section 33 (1) of the Ontario Heritage Act, "No owner of property designated under section 29 shall alter the property or permit the alteration of the property if alteration is likely to affect the property's heritage attributes as set out in the description ..." (emphasis added) and unless City Council gives its consent to the alteration. Council is the decision maker, but the Act requires that Council consult with the Municipal Heritage Committee (MHC) on the matter. The primary question becomes whether or not the permanent removal of the Queen Victoria Fountain from the site constitutes an alteration which substantially changes the heritage qualities of the property and perhaps, even the monument itself. It is the recommendation of MHC to Council that the monument should not be permanently removed from the property where it is currently sits. The reasons behind the Committee's recommendation are contained in Report PD- 2010 -61. Basically, the findings of the Committee are that the Fountain has associative value (one of the criteria for determining cultural heritage value, upon which, designation may be based) with the Stamford Township Hall. The Township Hall is symbolic of the citizens of the municipality at that time and the monument was erected through contributions of those citizens and the monument is best associated with a building erected during the reign of the ruling Monarch governing Canada and its governments. The Museum Board is of the opinion that the Fountain could be moved to Redmond Heights which is another municipally owned designated property. The Board also notes the monument is not in its original location anyway and moving it again would not be contrary to conventions. Further, the Board feels that the monument can be given more prominence by placing it on Drummond Hill and then accentuate its importance by making it the central monument in a peace garden. Obviously more discussion is needed before determining the location in which the monument will be placed in the future. Staff should continue to work with representatives from both the Municipal Heritage Committee and the Board of the Niagara Falls History Museum and report back to Council at a future meeting. Renderings of the Museum property illustrate the appearance with and without the fountain are attached as Appendix A. LIST OF ATTACHMENTS ► Appendix A, Ferry Street View (Renderings Oct. 2009 & Dec. 2009) Recommended by: Respectfully submitted: A.Herlovitch:mb Attach. A ids Alex Herlovitch, Director of Planning, Building & Development � Ken Todd, Chief Administrative Officer August 9, 2010 - 4 - APPENDIX A FERRY STREET VIEW October 19, 2009 FERRY STREET VIEW December 15, 2009 PD- 2010 -69 (8/4/2010) Dean lorfida - Queen Victoria'a monument Page 1 From: Bob Foley <rfoley6 @cogeco.ca> To: <tsalci @niagarafalls.ca >, <bartmaves @niagarafalls.ca >, <ioannoni @nagara... CC: <diorfida @niagarafalls.ca >, <jkjouppien @cogeco.ca >, <sherman.zavitz @symp... Date: 7/28/2010 7:59 PM Subject: Queen Victoria'a monument While I have no problem with the monument being moved, the proposed placement on Redmond heights is no an appropriate location. Queen Victoria had nothing to do with the War of 1812 and a monument in her honour on the battlefield will only cause confusion among the myriad visitors who will be touring the site during the upcoming bicentennial celebrations and beyond. Somewhere on the grounds of the Niagara Falls History Museum would be the appropriate site, which would also minimize the stress on the monument not to mention the cost saving in not having to move it to a new location. Respectfully, Bob Foley (8/4/2010) Dean Iorfida - Queen Victoria Monument Page 1 From: "Wayne Murray, OAA, MRAIC, Chapman Murray Associates Architects Inc." <waynem @chapmanmurray.com> To: < council @niagarafalls.ca> CC: <diorfida @niagarafalls.ca> Date: 7/30/2010 3:22 PM Subject: Queen Victoria Monument To Mayor Salci and Members of City Council: While we have no problem with the monument being moved, the proposed placement on Redmond Heights is not an appropriate location. Queen Victoria had nothing to do with the War of 1812 and a monument in her honour on the battlefield will only cause confusion among the myriad visitors who will be touring the site during the upcoming bicentennial celebrations and beyond. Somewhere on the grounds of the Niagara Falls History Museum would be the appropriate site, which would also minimize the stress on the monument not to mention the cost saving in not having to move it to a new location. Regards, Wayne Murray, OAA, MRAIC Connie Tintinalli, B.E.S., B. Arch., M.R.A.I.C. Robert Boaretti, B.E.S., M.Arch. Larry Griffiths, B.S.Arch., M.Arch., Associate A.I.A., MRAIC Chapman Murray Associates Architects Inc. 6385 Colborne Street, Niagara Falls, Ontario L2J 469 T.905.354.1674 F. 905.354.2940 1.866.272.4485 Confidentiality Warning: This transmission including any attachments contains confidential information intended solely for the individual(s) or entity named above, and may be privileged. 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Thank You P Please consider the environment before printing this e-mail CD- 2010 -08 NiagaraJalIs August 9, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Clerk's Department SUBJECT: CD- 2010 -08 Niagara Military Museum RECOMMENDATION 1) That a 30 -month lease be prepared between the City and the Niagara Military Museum; 2) That at the end of the 30 -month lease there be a complete review and report presented to Council on the long term viability of the Niagara Military Museum, prior to any further commitment by the City, and 3) That the Mayor and Clerk be authorized to execute the lease. EXECUTIVE SUMMARY The Armoury is a natural location for a military museum. An interim arrangement to allow the Niagara Military Museum to occupy three rooms will provide an opportunity for the operation to develop a profile in the community. Allowing the Niagara Military Museum to operate the entire first floor after the Niagara Falls History Museum returns to their location, will allow staff and Council a better opportunity to gauge the sustainability of the Military Museum BACKGROUND In 2005, the Council approved the use of the Armoury as a military museum. An ad hoc committee had been formed to look at appropriate uses and tenants for the former Federal building. As the Armoury was viewed as a significant symbol of the municipality's veteran and military heritage, it was a natural to house the proposed museum. In addition, the 2005 report outlined the oversight role of the Board of Museums. In 2007, the ad hoc committee was reformed to review the business plan submitted by the Niagara Military Museum (NMM) group. Staff was delegated to meet with the group and review the plan. A meeting took place and staff prepared a series of questions, as the plan lacked substantive backing on the projected costs and revenues. Other than an increase in the cost of a proposed elevator, the business plan has not been substantially updated. August 9, 2010 - 2 - CD- 2010 -08 Last year, Council approved the Niagara Falls History Museum (NFHM) temporarily locating in the Armoury and the NMM occupying three rooms during this interim period. The report reiterated the need for the NMM to "provide a sustainable business plan that will not require ongoing subsidies from the municipality ". The finalization of the proposed lease between the City and the NMM took longer than anticipated. A meeting of the ad hoc committee on July 19, 2010 resolved any final points. The recommendations contained in the report are forwarded by the ad hoc committee. ANALYSIS /RATIONALE A meeting of the Armoury Ad Hoc Committee (the Committee) on July 19, 2010 resolved any outstanding issues on a proposed lease between the City and the NMM, subject to Council's approval. The NMM requested that in Tight of the delay in finalizing the lease that term be increased to, at least, two years. The NMM argued that tying their lease to the presence of the NFHM would not provide them the amount of time in the Armoury originally contemplated. The NFHM is slated to be in the Armoury until early 2012. Allowing the NMM to occupy the Armoury on their own for a period of time will provide staff and Council with a better gauge on the viability of the operation and will allow the group to prepare a more substantive business plan based on actual results. The 30 -month lease will allow the NMM to be the sole tenant for the 2012 summer months. Attendance figures and costs will be more realistic than a speculative business plan. Also, the 2012 figures will alleviate the need for the NFHM and the NMM to work out a method of tracking attendance numbers during the time period when they share the Armoury. Subject to Council's approval of this report and the execution of the lease, staff will facilitate a meeting between the principles of the NFHM and the NMM to finalize arrangements for the occupation of the three rooms. It should be stressed that before the conclusion of the 30 -month lease, a business plan will be put forward by the NMM and the Council of the day will determine the viability of the operation. The 30 months can be viewed as a trial period. FINANCIAL /STAFFING /LEGAL IMPLICATIONS As the Council funds museum operations, it is anticipated that the NMM operation will be subsidized during the 30- months. Utilities, water, hydro and gas, will be borne by the municipality. It is estimated that this year's utility cost for operation fo the Armoury will be in excess of $13,000. Taking into account, a full year's operation and an increase in utility costs, 2012 costs could be approximately $15,000 to allow an additional year of subsidized use of the Armoury. CITY'S STRATEGIC COMMITMENT • Implement recommendations in support of the Parks, Recreation and Culture Master Plan supporting national heritage. August 9, 2010 LIST OF ATTACHMENTS Various past Council reports and minutes regarding the Military Museum Recommended by: Respectfully submitted: - 3 - CD- 2010 -08 Dean lo Ida, C Clerk (__ Ke Todd, Chief Administrative Officer Niagara AN REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario Community Services Department MW- 2009 -86 Niagara Falls Armoury MW- 2009 -86 December 14, 2009 1. That the Niagara Falls History Museum (former Lundy's Lane Historical Museum) be permitted to operate temporarily from the Niagara Falls Armoury during the construction phase of the Museum expansion project from January 2010 to end of construction phase of the project.; and 2. That the City enter into a lease agreement with the Niagara Falls Military Museum. The Niagara Falls History Museum (former Lundy's Lane Historical Museum) will be required to relocate its operation during the construction phase of the Museum Expansion project. The Board of Museums has investigated a number of options related to temporary operating planning. Budgetary challenges make the Niagara Falls Armoury the preferred temporary operating location. The general operating costs of the Niagara Falls Armoury are already a part of the Board of Museums' yearly operating grant request. The Board of Museums has also offered space in the Armoury for the Niagara Military Museum in order to allow them a chance to offer a part of their collection on display to the public while the Niagara Falls History Museum is using the building. The Board of Museums would only operate a Museum on the first floor of the building. The remainder of the building that is usable would be used to store the Museum's artifact collection as previously approved by Council. Temporary Operation of the Niagara Falls History Museum 4 The Niagara Falls Board of Museums receives operating funding From the Province of Ontario through the Community Museum Operating Grant Program (CMOG). This funding requires that funded museums be open to the public a minimum of 1080 hours and 180 days and 20 days per month for at least eight (8) months of the year to be considered year round operations. The CMOG grant for the Niagara Falls Museum in 2009 amounted to $36,662 for both the Niagara Falls History Museum and the Willoughby Historical Museum with $28,670 of that allocated to the Niagara Falls History Museum operating costs. In order to continue to qualify for this funding, the museum will be required to continue December 14, 2009 -2- MW- 2009 -86 , operating in a temporary location throughout the construction phase of the project. if the Museum does not operate temporarily throughout the project, this funding will be lost and will be obliged to reapply into the CMOG program in the new facility which could take up to two (2) years to get back into the program. Operating within the current building, during construction, is not a feasible option, as it would impact the cost and timelines of the construction project. The Board of Museums has considered a number of options to continue to operate the Museum for the approximate 18 to 24 months that consists of the construction phase of the project. These options include looking for donated space in the same neighbourhood (Main and Ferry), looking for a leased space anywhere in the City, looking for space in another City -owned facility, and carrying out only outreach activities from one of the current Museum locations. Of the options considered, the preferred option would be for the Museum to move its operations to the Niagara Falls Armoury and to set -up temporary operation on the main floor of the Armoury. There are two main reasons for this being considered the preferred option: 1. The operating costs for the Niagara Falls Armoury are already a part of the Board of Museums' operating budget. This includes the cost of utilities for the building. All the other options considered required an outlay of new money for the cost of leasing a space. Use of the Armoury would have the least impact on the budget. 2. The Board of Museums is already storing the Museum's artifact collection in the Armoury building. Having the rest of the operation move to the Armoury would provide added security for the collection throughout the construction. The appropriate City staff will ensure that the building is in compliance with building and fire codes prior to occupancy and asbestos management training will be provided to the occupants. The Board of Museums sent a letter to Council, dated September 5, 2009, requesting that Council allow the Board to operate the Niagara Falls History Museum out of the Niagara Falls Armoury during the construction phase of the project. Niagara Military Museum Previously, Council had approved that the Niagara Military Museum be allowed to operate a Military Museum on the main floor of the Armoury and that the Board of Museums manages the facility. Since that decision, the Niagara Military Museum came back to Council to request that Council reconsider and allow the Niagara Military Museum the use of the entire Armoury building. City staff has been working with. the Niagara Military Museum since that request, but a final determination has yet to be made on that request. In the meantime, the Board of Museums has offered to the Niagara Military Museum the opportunity to open a small gallery space within the Armoury facility while the Niagara Falls Hisotry Museum is in temporary operation. This would consist of three rooms on the main floor. The principles associated with the Military Museum are eager to begin operation and are agreeable to occupying three rooms, ensuring they have adequate space. , December 14, 2009 - MW-2009-86 Staff would propose that the Niagara Military Museum sign a Lease Agreement with the City of Niagara Falls for the use of this space during the 18 - 24 months that the Niagara Falls History Museum is operating within the facility. The Military Museum is agreeable to this condition. With a valid lease, they will be able to make applications for external funding. The Niagara Military Museum will agree to have the Niagara Falls Museums inspect artifacts being brought into the building in order to mitigate contamination and ensuring that the artifacts meet acceptable museum standards. Moving forward, the Military Museum wants operational control but are agreeable to the Board of Museums performing an audit and oversight function on their operation. The occupation of three rooms during the 18 to 24 -month interim period provides an opportunity for the Military Museum to develop a profile in the community. It will also allow more opportunity to monitor whether the Military Museum has a sustainable business plan that will not require ongoing subsidies from the municipality. A method of tracking attendance numbers to the Military Museum will be necessary to quantify the demand for the operation. If the Military Museum proves to be sustainable, the principles would like to be able to occupy the entire Armoury. FINANCIAL/LEGAL IMPLICATIONS As noted, the continuation of museum operations will allow continued access to Community Museum Operating Grant Program (CMOG) funding. The proposed 2010 Museum budget includes funding for the move and costs of operating temporarily in the Armoury. COMMITMENT TO COUNCIL PRIORITIES The museum project has been established as one of Council's infrastructure investment priorities. ATTACHMENTS Letter of request from the Board of Museums Approved by: Respectfully submitted: S:IREPORTS120091MW- 2009 -86 - Niagara Falls Armoury.wpd Ed Dulovi ecuti Director of Corporate Services Key, Todd, Chief Administrative Officer The City of Niagara Falls I Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: That staff be directed to host a public meeting for those who expressed interest in the Armoury. *That staff and the original consultants, Trott Engineers Consulting Inc., and Kr. Robert Foley, etc. feet to reconcile the figures and report back BACKGROUND: and that staff sake contact with Mr. Brian Atkinson, Public Works Division of the Department of Rational Defence immediately.* Following discussion of the attached report at the February 23, 2004, meeting, Council decided not to further pursue the acquisition of the Armoury. Staff was directed to so advise the Federal Government. Shortly after the decision was made, representatives of the Military Museum and Heritage Niagara contacted Members of Council to, not only object to the decision, but to also inform Council that erroneous information had been provided by staff. Later the statement was retracted to reflect that the information was not erroneous but that the potential health problems associated with asbestos had been overstated. Staff did not agree with either statement. Both groups also requested access to the building so that they could have their professionals provide an assessment of the required building repairs and their associated costs. Council referred this matter to staff and directed that a public meeting be held for all groups /individuals who were interested in the Armoury. The tour of the Armoury took place on April 8, 2004, and Mr. Foley was advised that the public meeting would not take place until his group had sufficient time to prepare their report. Mr. Foley and members of the Military Museum have instead opted to appear before Council. Members of Council should be aware that The Niagara Falls Art Gallery, Legion Branch 51, and a few other individuals have also expressed interest in the Armoury and are still awaiting the public meeting. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services 1 Community Services Department R-2004-34 Parks, Recreation & Culture Adele Kon 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: akon @city.niagarafalls.on.ca Re: R- 2004 -34 - Armoury May 31, 2004 May 31, 2004 Recommended by: ele Kon John MacDonald Director of Parks, Recreation & Culture AK/das Attachment S: \Council \Council 2004\R- 2004 -34 Armoury Update.wpd - 2 - R- 2004 -34 Respectfully submitted: Chief Administrative Officer The City of Niagara Falls Canad Members: 1 Community Services Department R- 2004 -12 Parks, Recreation & Culture Adele Kon 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: akon @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario IN CAMERA February 23, 2004 Re: R-2004-12 Armoury That Council receive and table this report. BACKGROUND: If Members of City Council concur with the following staff recommendations, meetings will be scheduled to inform the groups/individuals who have expressed interest in utilizing the Armoury. The recommendations are as follows: 1. that Federal Government staff be advised that the City is no longer interested in acquiring ownership of the Niagara Falls Armoury; 2. that staff advise Dr. Afrukhteh that the City will no longer accept his donation because of lack of adequate space to store and display the artworks; and 3. that the matter of the Armoury be referred to the Heritage Master Plan process. Council has been dealing with the matter of the Armoury for approximately four (4) years. During that course of time, Council has continually expressed interest in obtaining ownership of the land and building. Letters supporting the acquisition/preservation of the land and building have been received from the Arts & Culture Commission, the Municipal Heritage Committee (formerly LACAC), the Military Museum, Sherman Zavitz, City Historian, and the Board of Museums. Working Together to Serve Our Community Municipal Works • Flre Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services T T February 23, 2004 - 2 - R- 2004 -12- Initially, five (5) community groups expressed interest in utilizing the Armoury building. A review was conducted by David Schram of David Schram & Associates Inc. who completed a Business Plan on the potential use of the building. He recommended that the operation of the Armoury be assumed by the Niagara Falls Art Gallery, and that it, on behalf of the City, assume curatorship responsibility for the art donation from Dr. Afrukhteh. The Business Plan also recommended that space be provided for both the Military Museum and the Niagara District Art Association. With this partnership model, the annual cost to operate the building was estimated at $90,000. If this partnership did not exist and the building was used solely for the display of Dr. Afrukhteh's works of art, then the annual operating cost would increase to approximately $320,000 per annum. As part of the review process, Council also commissioned Trow Consulting Engineers Ltd. to conduct a building condition survey. This report was presented to Council and outlined the cost associated to restore/renovate the building. The cost estimated was $1,016,500, exclusive of interior renovations for a specific tenant(s) or for equipment/furnishings. Following a discussion regarding This report, Council directed staff to advise the Federal Government that for a nominal fee, the City was willing to assume ownership of the land and building. Further, Council directed that the cost ($90,000) of the roof replacement be included in the budget. In a subsequent meeting, Council approved the Terms of Reference and appointments to an Advisory Committee. The Committee's mandate was to recommend to Council the potential use of the building. A letter was received from Dr. Afrukhteh outlining his proposal to assume full responsibility for the restoration/renovation of the building. Council agreed to his proposal and the Advisory Committee was therefore temporarily put on hold. In subsequent staff meetings with Dr. Afrukhteh, he stated that he would withdraw his offer if the building was not cleaned of all asbestos ($240,000) and if ownership of the building was not transferred to his foundation. He also informed staff that he intended to phase the required restoration/renovation work over a number of years and that he was only willing to provide $60,000 per year toward the project. Staff now has serious doubt that Dr. Afrukhteh can cover the cost to restore the building. Staff also provided pictures of the 400 plus pieces of art work that the Dr. Afrukhteh intends to donate to the City to a Conservator. In her opinion, there will be a fair amount of restoration required in order to eventually display the art works. In its current state, she views it as a significant financial liability and recommends that the City not accept the donation unless there is an endowment provided to restore and care for the art work. The City received an Offer to Purchase the Armoury from the Federal Government. The offer raised a number of concerns and Council directed that staff meet with representatives of the Federal Government for purposes of clarification. A summary of these concerns is as follows: ► The exterior of the building requires considerable remedial work and will cost an estimated $559,808. ► The interior of the building has potential environmental concerns as identified in a Phase 1 Property Transfer Assessment Report. ► Property is known to contain asbestos - containing materials. ► The City must satisfy itself of the extent of the hazardous materials at its expense, remove February 23, 2004 - 3 - R- 2004 -12 and dispose of the material after closing. ► No time frames to do remedial work or environmental work. ► Heritage terms restrict alterations. The Federal Government confirmed that it would not release the City of its obligations and interest with respect to environmental issues if the City in turn transferred the Armoury building to any third party such as Dr. Afrukhteh. In fact, they advised the City that they would not transfer the land and building to an individual but only to a public body such as the City. In November 2003, the City received a Memorandum of Agreement. The Agreement outlined strict protocols regarding the disposal of any shells that might be uncovered on the property. The Offer to Purchase which was signed by the Mayor and Clerk has lapsed and therefore there is no binding Agreement with the Federal Government. Conclusion: It is recognized that the Armoury is an important heritage landmark. The building has been designated by the Federal Government as well as the City. However, the high cost to restore/renovate the building will place a significant financial burden on the municipality for many years to come. Staff is recommending that the Federal Government be advised that the City is no longer interested in obtaining ownership of the building. Staff is also recommending that Dr. Afivkhteh be advised that unfortunately, the City is no longer in a position to accept his generous donation because of a lack of adequate space to both store and display the art work. Prepared and Recommej ed by: Respectfully submitted: Adele Kon Dir Ra Kalho City Solicitor AK/ROK/das S: \Council \Council 2004\R- 2004 -12 Armoury.wpd te/J-,4/ John MacDonald ks, Recreation & Culture / / Chief Administrative Officer The City 01 Niagara Falls Canada Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: That an ad hoc committee consisting of three (3) Members of City Council be established to review and recommend the future use of the Armoury building. * That an ad hoc committee consisting of Aldermen Kerrio, Wing and Diodati and the Niagara Falls Museum Board be established to review and recommend the future use of the Armoury BACKGROUND: Building. * At the August 16 meeting, Council directed staff to acquire the Armoury. Staff has contacted the Federal government to request an updated offer of purchase. Staff is recommending that an ad hoc committee be established to meet and receive proposals from various groups who have expressed interest in using the Armoury. The ad hoc committee would be comprised of three (3) members of Council and two (2) staff. Following the meeting(s) with the interested groups a report will be prepared for Council concerning the potential future use of the building. As Members o Council will recall, representatives of Heritage Niagara and the Military Museum appeared at the May 31, 2004, Council meeting, and submitted correspondence indicating that the cost for renovations /restoration was estimated at only $57,000. The estimates provided by the community organizations were, ofcourse, significantly lower than the cost estimates of $1,016,500 prepared by TROW Consulting Engineers Ltd. (TROW). Following the presentations, Council directed that staff host a meeting with the representatives of the community organizations in order to reconcile the obvious discrepancy in the cost estimates. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services z Community Services Department R- 2004 -52 Parks, Recreation & Culture Maio Kon 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: akonQa city.niagarafalls.on.ca September 20, 2004 Re: R- 2004 -52 - Armoury September 20, 2004 - 2 - R- 2004 -52 The meeting took place on June 24, 2004, with representatives of the community organizations, and TROW. After lengthy discussions, it was obvious that a number of items were not included in the estimates which the community organizations had prepared. The majority of those in attendance agreed that the TROW report was a well prepared document. At the conclusion of the meeting, staff informed those in attendance that the TROW report would again be reviewed in order to determine what needed to be done immediately so that the doors could be opened to the public and what items could be phased in at a later date. The cost implications would also be reviewed. Using the TROW report as a guide, staff is recommending that the following list of repairs be undertaken so that the building can be used by public Renovation /Restoration: Building Assessment - Roofing The Building Condition Survey report completed by TROW noted that the Armoury's management company had indicated that the roof was last replaced in the 70's. This would date the roof to be 25 to 30 years old. During our meeting of June 24, 2004, it was mentioned that the roof was only 15 years old. With the discrepancy of the age of the roof, staff contacted Kaven Noble Real Property, Officer for the Department of National Defence ( DND). Mr. Noble advised that the roof was last replaced in 1987 at a cost of $45,000. Subsequently, with the authorization and approval from Captain R. G. Counsell, Construction Engineering Officer for DND, staff authorized TROW to complete a R oof C ondition A ssessment. T he R oof C ondition A ssessment provided a d etailed condition of the roof with Cut -test of the existing roof. The Roof Condition Assessment report noted that the Existing EPDM roof membrane was installed over the old 4 -ply roofing membrane and the report concluded that the roof assembly should be removed and replaced. Cost to replace the roof is estimated to be $ 100,000 Exterior Condition An exterior assessment of the Amoury was conducted in 2002 for Public Works Canada by Mr. Keith Blades. Mr. Blades is a consultant for The Conservation of Historic Buildings Incorporated. He has extensive experience with Historic Buildings both in Canada and abroad. The Condition Assessment Report prepared by Mr. Blades concluded that the cost to complete exterior repairs and rehabilitations, including scaffolding, paint removal, masonry repairs, window repairs and professional fees to be $643,900. TROW Consultants' report concluded that in lieu of a major restoration that localized repairs to masonry walls could be completed at a cost of $75,000. The repainting of the exterior is estimated to cost $15,000.00. Cost to repair Exterior Masonry is estimated to be $90,000 September 20, 2004 - 3 - R - 2004 - 52 Window Conditions Typically, the window frames are in poor condition with numerous windows having rotten sills. The heritage d esignation o f t he b uilding p revents t he r emoval and t he r eplacement o f t he e xisting windows' system. The existing windows, totalling 118 units will have to be repaired and rehabilitated. Mr. Blades notes that it is estimated to cost $30,000 to repair and rehabilitate the windows, and $5,000 lift rental. Cost to repair and rehabilitate existing windows $35,000 Life Safety On August 4, 2004, Mr. John Castrilli, Chief Building Official for the City of Niagara Falls conducted an inspection of the Armoury. The inspection did confirm a number of items that will have to be addressed in order to permit a change in use of the Armoury. However, because the Armoury is a designated historical building and the final use of the building is not yet determined, we cannot provide an accurate cost estimate of work that may be required to upgrade the Armoury to meet the building code at this time. Barrier -Free Accessibility The building is not presently barrier -free accessible and does not provide a barrier free washroom. Both the front and back entrances have grade separation (three steps) at the doors. Once inside the building, there is a grade separation of three steps up to the first floor of the Armoury. To make the building barrier free, an exterior ramp would have to be constructed and an interior chair lift would be required to allow access to the main floor. However, because the Armoury is a designated historical building and the end use of the building has not been established, the building code requirements cannot be determined. Asbestos Containing Material (ACM) As reported in the July 18, 2001, Phase I Property Transfer Assessment Report prepared by Franz Environmental Report asbestos - containing material (ACM) had been identified to be contained in the one centimetre thick layer of plaster throughout the Armoury. The Franz Environmental Report recommenced the following: "While the building is vacant, consideration should be given to conducting an asbestos removal program, which, because of the friable asbestos - containing materials behind the radiators, would be a Type 3 operation. The cost to conduct an asbestos removal program of the friable material, the plaster and the floor tiles, estimated to require six weeks for on site work is on the order of $240,000 including consulting and analytical cost." September 20, 2004 - 4 - R- 2004 -52 Staff is of the opinion that the above recommendation in the Franz Environmental report should be carried out. Cost to remove ACM $ 240,000 Interior Finishes We would assume that some upgrading of the interior finishes would be required. The cost of the interior finishes would depend on the end user and the City would therefore assume that the interior finish cost would be borne by the end user or tenant. If the ACM plaster was to be removed then the interior finishes cost would also be affected. Summary Staff has estimated based on consultants reports that the minimum cost to upgrade the Armoury would be $465,000 this includes the ACM removal, window rehabilitation, exterior brick rehabilitation, painting and roof replacement. This is the minimum cost to update the building without consideration of interior finishes, life safety, barrier -free accessibility, site work and consultants cost. These items will have to be addressed once the end use of the Armoury has been determined. Legal Implications: The City's existing General Liability insurance policy specifically excludes environmental liability claims for bodily injury. The City's Environmental Liability policy will only respond when the claim for damages is first made against the insured during the policy period and the insured had no knowledge of such impairment at the inception date of the policy. Because the City has knowledge of the contaminants in the Armoury, the Environmental Liability policy will not respond to any claims unless the City first cleans up and removes all known contaminants. However, asbestos and fungi or fungal derivative -type claims are specifically excluded from the Environmental Liability policy. Therefore, the City would have no insurance coverage should there be a claim made against it for injury relating to asbestos. Likewise, should the Council entertain proposals for the establishment of a permanent drinking venue (a Legion Branch), then additional insurance will be required to be purchased to protect the City against alcohol- related claims. The City does not own or operate any other facility where there is a permanent liquor licence. Conclusion: This report has provided cost estimates to restore /renovate the Armoury. As previously mentioned, estimates cannot be provided for Life safety, barrier -free accessibility, or interior finishes until the end use of the building is determined. There will also be additional costs for tenant readiness and the ongoing operating costs that the City will incur. Staff is recommending that the ad hoc committee September 20, 2004 - 5 - R- 2004 -52 host a public meeting so that a number of groups who have expressed an interest in using the Armoury have an opportunity to present their proposals. Prepared by: Lv Adele Kon Director of Parks, Recreation & Culture Ray ' allio City Solicitor and ,. fowl Eastrilli • Chief Building Official and c/IfLoz-4-1 Tom Mussari Assistant Operations Superintendent AK/RK/JC/TM/cd Recommended & Approved by: goink Tony Ravenda Executive Director of Corporate Services Respectfully submitted: ( MacDonald Chief Administrative Officer The City of Niagara Falls Conad� Community Services Department R- 2005 -12 Parks, Recreation & Culture Adele Kon 4310 Queen Street Director P.O. Sox 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon@city.niagarafatts.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2005 -12 - Armoury Proposals RECOMMENDATION: That Council provide direction to the Armoury Ad Hoc Committee on the attached Review Criteria and Weighting factors. Further, that the Armoury Ad Hoc Committee expand its mandate to include considering the vacancies which will arise in the Core building as tenants are BACKGROUND: moved, The Ad Hoc Committee would attempt to accommodate as many of the organizations of the proposals as possible. As Members of Council will recall, once a decision was made to acquire the Armoury a few organizations expressed interest in using the building. In order to assist Council in this regard, an Armoury Ad Hoc Committee was established to review the potential uses for the building and to ultimately recommend an end use. Aldermen: Jim Diodati, Vince Kerrio and Janice Wing were appointed to the Committee and Alderman Wing was selected as the committee chair. In order to assist those who were interested in using the building, an Open House was held in mid November to provide the proponents an opportunity to tour building and gain insight into the building's layout and its potential limitations. Twenty -five (25) proposal packages which contained general information, as well as a detailed project outline were distributed at the Open House. In early January, the following eight (8) proposals were received: City of Niagara Falls Board of Museums Friends of Dr. Afrukhteh Art Collection Board International Knightly Order of St. George Niagara Falls Armoury Museums Coalition Niagara Falls Art Gallery Niagara District Art Association February 14, 2005 Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Buiidigp:& By -Law Services February 14, 2005 Niagara Falls Fashion and Wedding Museum Niagara Military Museum - 2 - R- 2005 -12 At a recent meeting of the Ad Hoc Committee, the proposals were reviewed and discussion took place concerning the attached draft review criteria and weighting factors. Before any further work is undertaken regarding proposal assessment, the Committee has requested that the material be shared with Council in order to obtain its guidance on the matter. The committee has also tentatively scheduled a public meeting in April to provide an opportunity to all the proponents to present their respective proposals. It will therefore be necessary to have the review criteria and weighting factors finalized prior to this public meeting. Recommended by: Respectfully syl fitted: Adele Kon Director of Parks, Recreation & Culture AK/das Attachment S:\Council\Council 2005 \R - 2005 -12 Armoury Ad Hoc Comm. Update.wpd bo " John MacDonald Chief Administrative Officer Review Criteria "REVISED" Niagara Falls Armoury End Use Proposal Package Review of Re -use Proposal Submissions The following is a suggested review process for these submissions. The submissions are diverse enough to require a fairly general set of categories. A weighting system is also being recommended for the Committee's consideration. 1. Qualifications and experience of the proponent organization (15 %) Is the proponent currently operating a museum/gallery? What are the professional qualifications and what is the work experience of the proponent's personnel? How much experience have the proponents had working in an historic building? Has the proponent organization a proven record of managerial competence and financial stability? 2. Proposal's fit with City's arts, cultural and heritage policies (15 %) Does the proposal meet the following policy objectives (as stated in the draft final Heritage Master Plan)? i Concentrating cultural institutions downtown ii Priority given to compatible adaptive re -use of City -owned heritage buildings iii Consolidating existing museums /galleries iv Combining the museums and art gallery v Providing heritage tourism product vi Creating a community resource for multi -use programming vii Establishing a management framework centred on consolidated museums /galleries and co- operative partnerships viii Encouraging volunteer heritage groups to adopt a business planning model xi Interpreting local history based on themes and storylines in the Heritage Master Plan 1 "REVISED" x Focusing tourism product development on the bi- centennial of the War of 1812 (military theme) 3. Quality, quantity and condition of proponent's collection and programming (10 %) - Does the proponent own the collection? If not, how will the collection be attained and managed? - Has the collection been inventoried, accessioned, appraised or had a collections management policy prepared for it? Is the collection significant locally /provincially/ nationally /internationally? - Does the collection require museum - standard curatorial and exhibit conditions? Does the proponent require use of the entire building, or can the space be shared? How is programming integrated with the management of the collection and operation of the facility? 4. Feasibility of proponent's business plan and its financial impact on the City (25 %) - Is the business plan comprehensive and prepared by a professional museum planner /management consultant? Does the proponent have sufficient organizational and financial resources to implement the proposed business plan? What financial support does the proponent expect the City to supply? 5. Proposal's impact on the heritage fabric of the Armoury and its setting (25 %) - Does the proposal require irreversible alterations to the building's interior or exterior? What environmental conditions will the collection require, and how will they affect the building's heritage fabric? - Does the proposal support and enhance the reasons for designation and character defining elements in the Heritage Character Statement? 6. Partnerships (10 %) S: \Heritage\Armoury\Ad Hoc Committee\Proposals \Review Cnteria.wpd 2 Niagara Falls The City of Canad� Members: Part 1 - Armoury Community Services Department R- 2005 -25 Parks, Recreation & Culture Adele Kon 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: akon @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario June 13, 2005 Re: R- 2005 -25 - Use and Management of the Armoury RECOMMENDATION: That Council adopts the various recommendations contained within the report. BACKGROUND: The Armoury Ad Hoc Committee was established by Council on September 20, 2004. The members serving on the Committee are: Aldermen Janice Wing (Chair), Jim Diodati and Vince Kerrio. Through a previous council report, (February 14, 2005) Council approved the evaluation criteria and weighting system that would be used, and also directed that the Community Resource Building (former Carnegie Library) would be added to the Committee's mandate. The report will be broken into two (2) parts; the first will deal with the Armoury and the second with the Community Resource Building. On Thursday, April 7, 2005, Dr. Andy Panko, PhD., PGeo, spoke to the Committee regarding the potential management of the asbestos contained in the intemal walls of the building. In Dr. Panko's professional opinion, the asbestos does not need to be removed from the walls of the building. Instead, he is recommending that an asbestos management plan be undertaken and that inspections occur on an annual basis. All groups who utilize the building would have to be made aware of the plan and the City would have to impose conditions whereby groups would not be permitted to, in any way, alter the walls or space without written permission from the City. In Dr. Panko's professional opinion, this would be the least costly method of managing the asbestos problem. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services June 13, 2005 - 2 - R- 2005 -25 Presentations were also heard from the following eight (8) groups who had submitted proposals for the use of the Armoury. • The Niagara Falls Armoury Museums Coalition • Niagara Military Museums • Niagara Falls Fashion and Wedding Museum • City of Niagara Falls Board of Museums • The International Knightly Order of Saint George • Niagara Falls Art Gallery • Niagara District Arts Association As part of the proposal submission process, all groups were clearly advised that preference would be given to those who placed the least financial liability on the City. After hearing the presentations and reviewing the proposals, it became readily apparent that none of the groups could assume full financial responsibility for the building. Following a full discussion on the merits of each of the proposals, the Committee members are recommending that the prime purpose of the building is to commemorate our veterans and our community military heritage. It was acknowledged by the Committee Members that the building is a very significant symbol of our veterans and the military heritage of our community, and that it was due to the urging of our military groups that the City decided to acquire this important landmark. Working under this premise, the Committee Members are making the following recommendations for Council's Consideration: 1. That the prime function of the building be to commemorate Military Heritage. 2. That minimally, the first floor be dedicated to Military Heritage. 3. That both the Niagara Military Museums and The Niagara Falls Armoury Museums Coalition share the first floor. 4. That the City's Board of Museums manages the entire Armoury building and as their order of business that they co- ordinate a sharing arrangement between the two (2) organizations cited above. 5. That the Board of Museums prepares an overall annual operating and capital budget for the building and surrounding property. 6. That the Board of Museums, in consultation with Staff, develops a formula for the cost per square foot to operate the building. 7. That all the building tenants be responsible for the cost of their respective area based on the cost per square foot formula. 8. That any groups who cannot afford the cost per square foot have the opportunity to approach City Council for funding assistance and that their need for on going funding assistance be reviewed on an annual basis. 9. That all fund - raising be equally shared between the organizations and the City, with the June 13, 2005 - 3 - R- 2005 -25 AK/das understanding that the City's portion would help offset the building's operating and capital costs. 10. That the second floor be available to community groups with the understanding that it be used for complementary purposes with themes related to the City's history. 11. That once the City obtains ownership of the building, Staff proceeds with the installation of a new roof and the preparation of an asbestos management plan. 12. That no significant changes be made to the current heating and ventilation system. Part 2 Community Resource (CORE) Building There are a number of competing factors impacting the CORE building and these will have to be addressed before a final recommendation can be made on the use and administration of this designated building. These factors are as follows: • the existing tenants; • the request made by Niagara Falls Tourism for this building, as well as other City buildings; • the groups who could not be accommodated in the Armoury; and • the future uses of the former Court House (adjacent to City Hall). However, the Committee believes that eventually this building would serve as a needed Community Arts C entre. It would operate under a similar financial arrangement as recommended for the Armoury. Specifically, a cost per square foot formula would be developed and applied to the organization(s) which would use this building. The City would be responsible for the capital improvement costs. The rents charged to the tenant(s) would offset all the building's operating expenses so as not to create a financial liability for the taxpayers. The Members of the Armoury Ad Hoc Committee are willing to continue to function as a Committee in order to resolve the future use of the Community Resource Building. Recommended by: Respectfully submitted: Adele Kon Director of Parks, Recreation & Culture S: \Council \Council 2005 \R - 2005 -25- Use and Management of Armoury.wpd John MacDonald Chief Administrative Officer -9- June 13 , 2005 Council Minutes F- 2005 -26 - Chief Administrative Officer - Re: 2004 Capital Accounts. The report recommends for the information of City Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. F 2005 - 27 - Chief Administrative Officer - Re: Development Charges, 2004 Financial Information. The report recommends that City Council receive and file the attached financial statements regarding Development Charges for the 2004 fiscal year. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F 2005 - 28 - Chief Administrative Officer - Re: 2004 Reserves and Reserve Funds. The report recommends that City Council review and approve the 2004 transfers to reserves and reserve funds. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F- 2005 -30 - Chief Administrative Officer - Re: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001. The report recommends that the Cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. The motion Carried with Alderman Campbell declaring a conflict of interest. F 2005 - 31 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $25,650,034.55 for the period April 20, 2005 to May 31, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. .c arried Unanimously. See By -law NQ, 2005 -106 R - 2005 - 25 - Chief Administrative Officer - Re: Use and Management of the Armoury. The report recommends that Council adopts the various recommendations contained within the report. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimous v. R 2005 - 33 - Chief Administrative Officer - Re: Robert F. Keighan Neighbourhood Park. The report recommends that the neighbourhood park in the Beaver Valley Subdivision located off of Beaverdams Road be named Robert F. Keighan Neighbourhood Park. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted. Carried unanimously. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. RECOMMENDATION: That the request be denied. - 5 - July 9, 2007 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Status of Armoury Facility Opening as a Military Museum - Information update from the Chair of the Museums Board. RECOMMENDATION: That the Niagara Military Museum present a viable business case in the next six weeks, or the most suitable time thereafter, on how they would fund and operate their museum, as a proposed sole tenant at the Armoury. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the recommendation be approved and that said business plan be provided within six weeks. Carried Unanimously 2. Royal Canadian Legion Ontario Branch 396, Chippawa - Request to Proclaim August 25, 2007 "Support Our Troops Day". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communication be approved as recommended. Carried Unanimously 3. Optimist Club of Niagara Falls - Request for Financial Assistance for paving of their parking lot. ORDERED on the motion of Councillor Ioannoni, seconded by Councillor Wing that the communication be approved as recommended. REPORTS Carried Unanimously CD- 2007 -15 - Chief Administrative Officer - Adult Entertainment Appeals It is recommended that based on the recommendation of the Adult Entertainment Appeals Committee, the appeals heard be granted; and that staff approach the Police Services Board about taking over the appeals heard under the City's Live Adult Entertainment Businesses By -law (2002 -197); and that staff amend the Live Adult Businesses By -law (2002 -197) accordingly, to allow for the delegation of appeals' hearings to the Police Services Board. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously Niagara Coalition Against TILMA Mr. Saleh Waziruddin, member of the Niagara Health Coalition and Fiona McMurran, member of N -Cast and Chair of the Council of Canadians (Niagara) made a presentation regarding TILMA (Trade, Investment and Labour Mobility Agreement). They are requesting Council to pass a resolution asking the Province to not sign the Trade, Investment and Labour Mobility Agreement without a public process and necessary debate.. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the municipality request that the government of Ontario enter into a clear, open debate revealing all of the potential ramifications TILMA or like agreement between any /all of the provinces of Canada, with the local governments and public of Ontario. with Councillor Diodati opposed. Niagara Military Museum - 2 September 24, 2007 Council Minutes Carried Garry Beck made a presentation to Council on the business plan for the Niagara Military Museum to occupy the Armoury. The Military Museum group proposes to look after the Niagara Falls Armoury, without any management costs to the City, including repair to the exterior brick work and the installation of an elevator; sign a long term lease for the Armoury, which they will put together, and that the Military Museum's stewardship of the building occur without any interference from any other City board. Finally, it is requested that the City maintain the utilities while the museum is preparing for the opening day. The Military Museum is prepared to put together a standard commercial lease at no cost to the City for both parties approval. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni to revive the Armoury Ad Hoc Committee, which will consist of Councillors Kerrio, Mayes and Wing, to review the submission by the Niagara Military Museum. Carried Unanimously Downtown Ulrike Gross and Paul Sottile of the Downtown BIA and Yuri Berzens, an urban designer, presented a proposed new direction for revitalization for the Downtown. The Niagara Falls Downtown BIA has entered into an agreement for development management with Ciminelli Real Estate Corporation of Canada. Revitalization should be centred around the tenets of change, incremental development, self -help, partnerships, capitalizing on existing assets, quality, a comprehensive approach and implementation. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo to direct staff to review the proposal and make recommendations to Council. Carried Unanimously PLANNING MATTERS PD- 2007 -78- Chief Administrative Officer - Zoning By -law Amendment AM- 38/2006, Thundering Waters Village, 6000 Marineland Parkway /Drummond Road (East Side), Owner: Fallsview Golf Inc., Proposed Residential Development (Singles, Townhouses, Apartment) Niagara,Falls August 9, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development Department SUBJECT: PD- 2010 -62 Status of the Special Purpose Reserve within the Historic Drummondville CIP Area RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND PD- 2010 -62 That Council receive the breakdown of the Special Purpose Reserve for the Historic Drummondville CIP and rescind the approval of five CIP applications based on the inactivity taking place on the properties, with the applicants of the inactive applications able to revive their applications, if they so wish, without having to formally reapply. Some questions have been raised regarding the status of funds in the Special Purpose Reserve for the Historic Drummondville CIP area. The intention of this report is to confirm the amount of funds held in the reserve and to request the rescinding of five approved applications where owners have not indicated that they are moving forward with their improvements. Rescinding these approvals will free up funds for applications that have been received and for property owners who wish to apply for funding assistance. Attached is a chart that highlights the breakdown of the Special Purpose Reserve. There is currently $398,000 in the reserve. A large portion ($319,300) is set aside for land acquisition. The Main & Ferry BIA is supportive of the land acquisition portion being used to acquire a key property associated with the Sylvia Place Market. A large portion ($64,989) of the balance of the funds are necessary to cover the CIP applications that have been approved with a small portion ($13,711) not yet allocated to applications. The Financial Incentive Program states that work for approved applications should be completed within one year of approval by City Council. Staff have been somewhat flexible on this requirement as the owner may experience some extenuating circumstances which can delay the improvements. There are a couple of cases where applicants have received approval of their CIP application, but have not shown any indication that they intend to proceed with their project. In one case, approval was received almost 2 years ago to improve the facade and building improvement of three properties ($60,000) and a residential loan ($46,000) for four new apartments. Staff has contacted the owner and informed him that staff will be proceeding with a report to Council requesting that the approvals be rescinded. The owner has indicated that he still intends to proceed but he cannot confirm timing. August 9, 2010 The second case involves a more recent approval where a billboard is located on the roof of the building. The application was approved conditional upon the billboard being removed. The owner has indicated that he has no intention of removing the billboard; therefore the condition will not be satisfied. The rescinding of this application would return $7,000 to the incentives portion of the reserve. FINANCIAL IMPLICATIONS By rescinding the five applications summarized in this report, it will provide additional incentive program funds. There are currently three pending applications that would utilize $15,500 of the funds. There are additional property owners within the Historic Drummondville CIP area who have indicated an interest in making an application to carry out building and facade improvements. Rescinding of the applications as recommended in this report will provide approximately $67,000 in additional financial incentive money for grant applications. Through adoption of this report Council will reconfirm the setting aside $319,300 of the CIP reserve for property acquisition in the Historic Drummondville CIP area. CITY'S STRATEGIC COMMITMENT The utilization of the CIP reserve funds is important for the continued revitalization of the Historic Drummondville area and complies with the City's strategic commitment for the area. LIST OF ATTACHMENTS ► Appendix 1 - Summary of Special Purpose Reserve Funds for the Historic Drummondville CIP. Recommended by: Respectfully submitted: B.Bolibruck kLuS\.--in1-S Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2010\PD- 2010 -62, Status of Reserve within Historic Drummondville.wpd - 2 - PD- 2010 -062 August 9, 2010 - 3 - ru zuiu - uliz Historical Drummondville CIP SPR # 254 Continuity Schedule As at July 29, 2010 (overspent) Unspent Year Amount Unallocated Incentives LLRF Land Acq 2005 536,200 536,200 50 50 50 2006 (522489) (S22 489) $0 50 50 2007 5215.000 50 555,000 510,000 $150.000 2008 577,000 SO 50 50 577,000 2009 592,300 IQ 12 1Q 592,300 SPR TOTALS 5398,011 513.711 555.000 510.000 $319,300 Activity in 2010 Grants paid in Year (S10.000) (S10. Interest Expense on Approved Loans 5688 Main Street 5500,000 (535 000) (510 000) (515,000) (510,000) 5986 Main 580,000 (55,319) (53.711) (51,608) Grants approved and still active (538.392) (538 397) Regional Grants to be received 510,000 $10.000 SPR TOTALS 5319.300 IQ 1 I0 5319.300 Pending Activity In 2010 Possible Rescinded Applications 567,000 SPR TOTALS 5386.300 APPENDIX 1 567,000 IQ ;67.000 5319.300 F- 2010 -48 NiagaraFalls August 9, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -48 Assessment of Outdoor Inventory Areas RECOMMENDATION For the information of Council. That Council petition MPAC, through AMO, for amendments to the Assessment Act to tax outdoor inventory areas. EXECUTIVE SUMMARY Property Assessment provides the municipality with the base for taxation. The Municipal Property Assessment Corporation (MPAC) provides a value and a classification for every property in the Province. This information is based upon the Assessment Act and valuation principles. Outdoor inventory areas used by commercial properties are considered vacant commercial land by the Assessment Act and the value provided is based on this classification. BACKGROUND The Municipal Property Assessment Corporation (MPAC) is entrusted by the Province of Ontario to provide assessments for every property across the province, based on the Assessment Act. MPAC provides a valuation and a property classification for each property which is used by municipalities in the determination of the annual tax levy. At the December 13, 2009 meeting, staff was requested to report on the assessment taxation of outdoor inventory areas. ANALYSIS /RATIONALE The municipal property tax system is based on each property having a value and a property classification. This value and classification are used by cities to determine the annual tax levy. Various appeal mechanisms are available to both the property owner and the municipality for either the property value or property classification. In addition, the Assessment Act provides direction to MPAC on treatment of properties. Should situations arise that cannot be adequately addressed by the Assessment Act, then amendments to these can be considered by the Provincial Government. August 9, 2010 - 2 - F- 2010 -48 In the case of commercial enterprises which have open inventory areas for their products, the properties are included in the commercial property class and valued on an income approach. The rents are generated from the enclosed, whether fixed space or a covered greenhouse. Open air or temporary inventory areas are not included in the income valuation. Instead, this portion of the property is included in the excess commercial land category. FINANCIAL /STAFFING /LEGAL IMPLICATIONS As identified earlier, Finance staff review property valuation at reassessment dates, at year end roll return date, and throughout the year, as requested, to ensure that properties are valued accurately. At present, the valuations of the Big Box properties, utilizing outdoor inventory areas, are consistent with the valuation methodology addressed in the Assessment Act. There are difficulties in including seasonal operations, due to the non permanence of their structures, however; the property owner is paying property taxes based on the vacant land classification for the entire year. Should Council wish to have amendments made to the Assessment Act, Council will be required to work through the Provincial Government. Recommended by: Todd Harr son, Direct r of Finance Respectfully submitted: 1 Ken Todd, Chief Administrative Officer Niagarajays August 9, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -37 Niagara Air Bus Vehicles RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY BACKGROUND TS- 2010 -37 An inquiry was made as to why Staff decided to lease two buses from St. Catharines Transit Commission to assist with the additional services provided during the months of July and August, such as the Falls Shuttle and Town of Fort Erie Summer Service versus purchase used buses from Niagara Air Bus. Niagara Falls Transit was made aware Niagara Air Bus had surplus buses they were interested in selling. To determine if these vehicles were suitable for our customers and provided value for our community, Staff thoroughly inspected them and noted some fundamental challenges with their design and physical state. Based on the differences in design features, mechanical state of the equipment, and flexibility provided through the lease arrangement, Staff has determined the short term agreement with St. Catharines Transit Commission is financially and operationally prudent decision to make for the benefit of our customers, maintenance operations, and community. The Niagara Air Bus vehicles are not designed as public transit vehicles as they lack accessibility, wide aisle widths, handrails for standing passengers, and customer information displays. Upgrading these buses would be in excess of $45,000 per bus, in addition to the cost of the bus. The fact is these buses were not constructed to be utilized as conventional public transit buses which make frequent stops. These buses were built to be tour buses that make minimal stops. Staff provides the following three factors, which led to the decision to lease, rather than purchase equipment to address seasonal demand; August 9, 2010 - 2 - TS- 2010 -37 1) Lacking City Coach Features Staff reviewed the Niagara Air Bus 2003 vehicles being offered for sale and deemed them inappropriate for our form of service due to; • The buses are not accessible and thus, will not meet the Accessibility for Ontarians with Disabilities Act guidelines. They are not equipped with an access ramp, lift, securement positions, and further, the aisle ways are too narrow to accommodate a personal mobility device. Retrofitting these buses would cost in excess of $30,000.00 and the rear doors would still involve steps for customers to alight the vehicle. • The buses do not have a front or side destination sign to inform customers of the route. This retrofit upgrade would cost in excess of $15,000.00. • The buses are not equipped with hand rails or stations for standing passengers. 2) Vehicle Concerns In addition to the lack of features, Transit Maintenance staff has physically inspected the vehicles being offered by Niagara Air Bus and determined the following: • The rear suspension on these vehicles is leaf spring, rather than the air ride suspension provided on our city coaches. The leaf springs create a much harsher ride for the customer, and are more punishing on the vehicle. • Also, these buses are no longer in production which will make it progressively • difficult to source all the necessary mechanical and body parts. The components on these buses have no commonality to Transit's current stocked inventory. Especially, the major parts associated with engines, transmissions, axles, NC systems, and other body /frame parts. To source and stock the necessary components would be time consuming, costly, and there is no spare storage space in the stockroom. 3) Value of Leasing from St. Catharines Transit Short term bus leasing from St. Catharines Transit Commission offers a number of benefits for this seasonal application, including: The monthly lease rate and conditions negotiated between the transit operations are very attractive since these buses would not have been in service in St. Catharines during the summer months. It is truly a mutually beneficial relationship. August 9, 2010 • • • Insurance is required during the Lease period only. FINANCIAL /STAFFING /LEGAL IMPLICATIONS - 3 - TS- 2010 -37 The lease arrangement provides the flexibility to return one or both of the vehicles with a week's notice should they not be required. The vehicles are low floor, fully accessible and can accommodate up to two personal mobility devices. The lease arrangements only hold the City responsible for daily "in service" repairs. Any major drive train or component repairs are the responsibility of the lessor, St. Catharines Transit. The only costs associated with these buses for the summer months is the lease payment. Major engine or transmission repairs can exceed $20,000.00. The costs associated with leasing are $2,500.00 per month per bus. Vehicles may be returned to St. Catharines Transit Commission with a week's notice if they are not deemed necessary. This rate is very attractive and reflects the professional relationship between the two operations, which mutually share knowledge and parts on a regular basis. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and, strengthen and promote economic development within the City. Recommended by: Respectfully submitted: D Stuart / ' -- Karl ren, Director of Transportation Services Ke Todd, Chief Administrative Officer NiagaraFalls August 9, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falis, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -38 Family & Children's Services (FAGS) Charter Request RECOMMENDATION For the direction of Council. EXECUTIVE SUMMARY BACKGROUND TS- 2010 -38 A request has been made of Council to consider providing free Transit charter service for an event being organized to raise funds to benefit the Niagara Falls Family Centre Campaign, an entity of Family and Children Services (FAGS) Niagara. The event is taking place on Sunday, September 26, 2010 at a private residence and thus, the gracious hosts cannot accommodate all the cars on their property. An off -site parking lot has been donated a short distance away, and a shuttle service would be required by Niagara Falis Transit between this lot and the host's residence. This fund raising event will be hosted by Domenica and Andy Panko who anticipates in excess of 200 guests at this event. Their property will not accommodate the vehicular traffic generated by this number of guests. Permission was sought and granted by Clare's Cycle to utilize their parking lot, which is the largest lot in close proximity to the Panko residence. The event begins at 2:00 p.m. and concludes at 5:00 p.m. and thus, Transit shuttles would commence at 1:30 p.m. through 5:30 p.m.. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The costs associated with providing this Transit charter request to the FACS Niagara Falls Family Centre Campaign event are $360.00 (plus taxes). There are no funds available in Council's discretionary account. August 9, 2010 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include developing and implementing a comprehensive Transportation Plan and, strengthen and promote economic development within the City. Recommended by: Respectfully submitted: D. Stuart - 2 - I s- ZU1U -M Karl Director of Transportation Services Ke Todd, Chief Administrative Officer CAO- 2010 -06 Niagaraaalls June 28, 2009 REPORT TO: Councillor Carolynn loannoni and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO- 2010 -06 Gale Centre Ice Incident RECOMMENDATION That the report be received for the information of Council. EXECUTIVE SUMMARY At the Community Services Committee held on June 14, 2010, a report was requested on the incident which occurred on June 3, 2010 at the Gale Centre complex. Due to a power surge that occurred on June 3, 2010, the refrigeration system lost power, resulting in the Toss of some of the ice in the complex. The following day, staff worked diligently to restore the ice on two of the four pads. Two of the pads were not affected. As a result, an additional $5,133.00 in costs was incurred and staff is investigating who is responsible for these costs, due to the fact the City had not yet assumed occupancy of the building. BACKGROUND During the evening of June 3, 2010, a power spike occurred at the Gale Centre. The spike knocked down many of the mechanical systems, some of which restarted automatically as intended. The refrigeration system must be manually restarted. At the time, the refrigeration system hadn't been fully commissioned. City staff had received some training, but the project had not achieved substantial completion, and the building itself was not yet in the possession of the City. City staff did not have keys to the building at this point, and occupancy had not occurred. Staff had been experiencing some difficulties with a compressor which was shutting off repeatedly. CIMCO, the mechanical contractor for the refrigeration system, reported that the difficulty was stemming from the balancing and integration of the HVAC and refrigeration systems which work together. The particular problem of the compressor was being caused by dirt in the screen filter from the ongoing construction, as it picked up material from the flows in the HVAC system. When this occurred, the refrigeration system still operated to maintain cooling. On this night, the spike caused both compressors to go down. June 28, 2010 At 7:00 a.m. on June 4, 2010, the Contractor for ice painting called the Manager of Recreation Facilities and reported that the ice painting from the previous day was beginning to bleed because the surfaces had become too warm. A call was made to the CIMCO who arrived at the arena within the hour. After reviewing his computer information he advised that a power spike caused the whole system to shut down. A survey of all four ice pads with the ice painting contractor and CIMCO was conducted. The ES Fox pad and the Lifetime Financial pad had experienced some bleeding in its logos and lines that detracted from the appearance of the ice pad. ANALYSIS /RATIONALE Although all four pads of ice could have been saved, there was some concern that the Fox and Lifetime ice surfaces may have debonded from the cement pad. This could have created future problems with the quality and safety of the ice. As the ice at this point was only 3/4 of an inch thick, a decision was made to remove it all and start over. Staff was striving to have ice in place once occupancy was granted which was expected within the next week. The decision was made to have staff work extra hours to get back on track faster. The City has since assumed occupancy of the building and procedures have now been put in place to ensure that monitoring of the systems on a 24 -hour basis are in place. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Additional costs were incurred for this incident. They included the following: Ice Painting Extra Staffing $ 3,512.00 $ 1,621.00 $ 5,133.00 Staff and the Project Manager are reviewing with the General Contractor who is responsible for the additional costs. CITY'S STRATEGIC COMMITMENT - 2 - CAO- 2010 -06 One of the key Strategic Priorities set by Council for the 2007 - 2010 Term was "Move forward with the Arena Complex development project. On Monday, May 7, 2007, City Council approved the exciting Niagara Falls Arena Complex Project — a four -pad arena complex located at Fourth Avenue and Stanley Avenue." The Gale Centre is set to open at the end of June 2010. Respectfully submitted: Ken Todd, Chief Administrative Officer (8/3/2010) Dean lorfida - Re: Gale Centre Generator Page 1 From: John Castrilli To: Dean Iorfida Date: 7/31/2010 8:54 AM Subject: Re: Gale Centre Generator Dean As discussed. The Gale Centre was not designated as a post - disaster building, and as such the Ontario Building Code only requires 30 minutes of emergency power to be provided this has been accomplished with the use of battery power which has been installed, tested and inspected through the building process. A back up emergency generator therefore was not required. The requirement for emergency power is described in Section 3.2..7.4 of the Ontario Building Code. If additional information is requested please let me know and I will provide it. Regards J Castrilli »> Dean Iorfida 7/30/2010 10:18 AM »> John: Just a reminder, as discussed at Council Review, you are to provide a memo or e-mail regarding the matter noted above. Thanks Dean NiagaraFalls July 19, 2010 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION 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 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 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 - 3 - CD- 2010 -07 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: AL Dean orfida, C 'Cler K n Todd, Chief Administrative Officer 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 (hereinafter referred to as the "Act "); and WHEREAS on August 9, 2010, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(c)a proposed or pending acquisition or disposition of land by the municipality and two items pertaining to s. 239(2)(d) labour relations or employee negotiations; and WHEREAS s. 239(7) of the Act mandates that the municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions, and other proceedings at a meeting of the body whether it is closed to the public or not; and WHEREAS s. 239(8) of the Act requires that the record required by subsection 239(7) shall be made by the Clerk of the Corporation in the case of a meeting of council; and WHEREAS due to the nature of the discussion in the Closed Meeting related to one of the labour relations items, it is not appropriate for City staff to be in attendance, save the Chief Administrative Officer and the Director of Human Resources ( "HR "); and WHEREAS s. 228(4) permits the Clerk the discretionary authority to delegate in writing to any person, other than a member of council, any of the clerks powers and duties under the Act. THEREFORE BE IT RESOLVED THAT on August 9, 2010, Niagara Falls Council will go into a closed meeting under s. 239(2)(c)a proposed or pending acquisition or disposition of land by the municipality and two items pertaining to s. 239(2)(d) labour relations or employee negotiations; and FURTHER BE IT RESOLVED THAT on August 9, 2010, the Clerk, Dean Iorfida, delegates his authority to the Director of HR, Trent Dark for one item related to labour relations or employee negotiations; and FURTHER BE IT RESOLVED THAT the Director of HR will record without note or comment any recommendations to Council emanating from the Closed Meeting related to the labour relations or employee negotiations item; and FURTHER BE IT RESOLVED THAT the Clerk will resume his duties upon conclusion of the Closed Meeting agenda. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR