2003/02/031)
2)
FIRST MEETING
Monday, February 3, 2003
From 4:45 p.m. to 5:45 p.m.
City Hall, Committee Room #2A & B
Approval of the 2002 12 09 Community Services Committee Minutes.
PRESENTATION
Totten Sims HubicM & Regional Representative
MW-2003-26 - Stanley Avenue Road Reconstruction Marineland
Boulevard and Main Street
3) REPORTS
a) MW-2003-25-
b) MW-2003-28-
C) MW-2003-24 -
d) MW-2003-19 -
e) MW-2003-29 -
f) R-2003-10 -
g) CPS-2003-01 -
4)
Cost Sharing Payments Neighbourhoods of St. Davids
Transfer of Agreement Olifas Marketing -
OMG Niagara
St. Davids Sanitary Servicing Project Confirmation
of Cost Sharing Agreement
Long Term Capital Needs Water
Reconstruction of Roberts Street from Stanley
Avenue to Falls Avenue and Stanley Avenue from
Stamford Street to north of Valley Way
Coronation 50 Plus Recreation Centre -
Membership Monitoring System
Acceptable Use for Intemet Access and
Computer Systems
NEW BUSINESS
STAFF CONTACT
Ed Dujlovic
Ed Dujlovic
Ed Dujlovic
Ed Dujlovic
Ed Duj lovic
Ed Dujlovic
Adele Kon
Tony Ravenda
5) ADJOURNMENT
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING,
Monday, December 9, 2002, City Hall, Room 2 at 5:00 p.m.
PRESENT:
Chairman Victor Pietrangelo, Mayor Wayne Thomson, Alderman Paisley
Janvary-Pool, Alderman Shirley Fisher, Alderman Selina Volpatti,
Alderman Janice Wing, Alderman Art Federow, Alderman Judy Orr,
Alderman Kim Craitor, Alderman Norm Puttick, Alderman Wayne
Campbell, Alderman Ken Feren
STAFF:
John McDonald, Ed Dujlovic, Dean Iorfida, Pat Burke, Ken Burden, Sue
Forcier, Ray Kallio, Doug Darbyson, Darrell Smith
PRESS:
Corey Larocque, Niagara Falls Review
GUESTS:
Tim Stuart of Tottem Simms Hubicki, David Northcote of Reich and
Petch, Rob Wanless of Marshall Macklin Monaghan, John Roce of Falls
Management, Robert Saks of Renaissance Fallsview Hotel, David
Jovanovic of Lincoln Motor Inn, Karl Gonsen of Metropolitan Consulting
Inc., Italia Gilberti of Broderick &Partners for Renaissance Fallsview
Hotel and John Broderick of Broderick & Partners for Lincoln Motor Inn.
1) MINUTES
Alderman Wing and Alderman Feren noted that they were opposed to item 2 (a)
MS-2002-158 - Brookfield Court Subdivision Storm Sewer Cost Sharing Proposal
Supplementary Information.
IT WAS MOVED BY ALDERMAN FISHER, seconded by Alderman Craitor that the minutes of
the November 25, 2002, meeting be approved and amended.
Motion:
Action:
Carried
Recommendation submitted to Council 2002-12-09
Alderman Craitor introduced a report from 1979 in which the council of the day realized the additional costs
inherent in cul de sacs and therefore passed a resolution to discontinue the use of cul de sacs in subdivision
developments. A copy was submitted for your records.
2) DEPUTATION
MW-2002-167 - Main Street Environmental Assessment Update on Issues
Karl Gonnsen - Representing the Fallsview BIA
After a lengthy discussion by Aldermen, Staff, Fallsview BIA Representatives and their
counsel, the following motion was made:
Community Services Committee 2 December 9, 2002
IT WAS MOVED BY ALDERMAN PUTTICK, seconded by Alderman Volpatti that this matter
be deferred for two weeks and that there be negotiations between Mr. Jovanovic and City Staff
on other ways of alleviating his predicament other than technical ways. The City must let the
Ministry know by Friday of this week if there is a satisfactory solution with a full report brought
back to this Council.
Motion: Carried Unanimously
Action: Recommendation submitted to Council 2002-12-09
3) REPORTS
a) F-2002-73 - Municipal Accounts
IT WAS MOVED ALDERMAN FISHER and seconded by Alderman Feren that the Community
Services Committee approve the municipal accounts totalling $1,858,202.12 for the period
ending December 9, 2002.
Declarations
of Pecuniary
Interest:
Cheque No. 272108, Alderman Wing
Cheque No. M93376, Alderman Ioannoni
Cheque No. 272096 and M93378, Alderman Federow
Cheque No. 272182 and M93382, Alderman Craitor
Motion:
Action:
Carried Unanimously
Recommendation submitted to Council 2002-12-09
b) F-2002-75 - Borrowing By-Law
IT WAS MOVED BY ALDERMAN FEREN and seconded by Alderman Fisher that the
Community Services Committee approve the borrowing of $23,000,000.00 for current
expenditures.
Motion:
Action:
Carried
Recommendation submitted to Council 2002-12-09
IT WAS MOVED BY ALDERMAN FEREN and seconded by Alderman Fisher that the
Community Services Committee approve the borrowing of $18,175,000.00 for the acquisition of
the CNCP Railway Corridor.
Motion: Carried
Conflict: Alderman Orr
Community Services Committee 3 December 9, 2002
Opposed:
Action:
Alderman Federow, Wing, Craitor, Ioannoni
Recommendation submitted to Council 2002-12-09
c) F-2002-74 General Insurance Report
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that the Community
Services Committee approve the 2003 Comprehensive Insurance Program from Frank Cowan
Co. Ltd. at an annual premium of $687,836 (2002 - $597,938), plus applicable taxes and that the
Community Services Committee request a continued review of the City's Risk Management
practices by the Frank Cowan Company Limited.
Motion:
Action:
Carried
Recommendation submitted to Council 2002-12-09
d) M3,V-2002-159
Bill 175 - An Act Respecting the Cost of Water and Waste
Water Services
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that this report be
received and filed.
MOTION:
Action:
Carried
Recommendation submitted to Council 2002-12-09
e) MW-2002-162
MTO Easement Agreement Across Highway 420 Storm Sewer
Trunk
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that Staff be
authorized to enter into an easement agreement with Her Majesty The Queen, in right of the
Province of Ontario represented by the Ministry of Transportation for the Province of Ontario,
for the purpose of a storm sewer crossing their property from Stamford Street, behind the
Ministry of Tourism building and through the Casino Parking Lot to Kitchener Street.
Motion:
Action:
Carried
Recommendation submitted to Council 2002-12-09
0 MW-2002-166
Community Centre Request for Public Private Partnership
Proposal
IT WAS MOVED BY MAYOR THOMSON, seconded by Alderman Feren that this report be
received and filed.
Motion: Carried
Community Services Committee 4
Action: Recommendation submitted to Council 2002-12-09
4) NEW BUSINESS
5) ADJOURNMENT
MEETING WAS ADJOURNED, MOVED BY Alderman Campbell, seconded by Alderman Volpatti at 6:25 p.m.
December 9, 2002
To Mayor Thomson and Members
of Niagara Falls Council.
Members:
File: S-3
Date: September 10, 1979
Report: PD/130/79
Staff Report.
Re: Use of Cu~s-de-sac in Future Subdivision Desi~n~
Council recently expressed some concern with respect to the number of
culs-de-sac in the City. Their concern centred around two main points which
lead to additional maintenance costs - namely, mowing and weed control in the
summer, snow ploughing difficulties in the winter.
Staff have considered the design aspects of this matter and although
culs-dersac have apparently been quite popular in recent years with subdividers and
new home buyers, additional maintenance costs for snow clearance and boulevard
maintenance (inclUding centre of right-of-way) are evident. In addition to"these
extra costs for snow clearance, weed control and street sweeping, from an engineering
design aspect, there are several additional drawbacks and these are .listed following:
1. The location of driveway depressions is a problem because of the usual
converging lot lines, resulting in an even "smaller frontage" at the curb line.
Any policy used in establishing the location can produce some "inconvenience,,
%o the adjacent owner - such as headlights flashing in front windows. Very
often, the "bulb" of the cul-de-sac looks like "wall to wall" driveway entrances.
2. Hydrant locations at the end of culs-de-sac inevitably cause anguish to the
home owner of the lot on which the hydrant is installed. This problem is
usually caused because of the usual smaller frontage on culs-de-sac - hence the
usual problems of a hydrant in front of the living room wir~ow. Any hydrants
located in the median of 'the cul-de-sac would be buried in snow in the winter.
3. Watermains are dead-ended in culs-de-sac at the present time. This results in
the possibility of "stale" water since the only draw on the water is from the
individual houses. In all other types of streets, the watermains are "looped"
or interconnected. This avoids the above problem and also provides another
source of water to the street, Of course, this' could be alleviated by looping
the watermain back on the street. This would involve two watermains on the
same street - a costly solution. Another solution would be the installation of
s watermain on the usual walkway - still an expensive procedure.
4. Summer and winter maintenance involves approximately $25,000 per year for
aboum 100 existing culs-de-sac, OVER AND ABOVE what would be the costs if
the street .did not terminate in a dead end, These costs relate to the need
for cutting the grass on the medians and the use of fronm end loaders fo~ snow
plowing. The grass cutting item could be eliminated if no median was constructed
and asphalt was placed 'throughout the entire area between curbs. This is more
of an aesthetic matter. London Court, located south of Crawford Street, is an
example of this 'type of procedure. With respect 'to the snow plowing operation,
any dead-end type of street is more difficult, and hence costly 'to maintain.
With the elimina'%ion of the "island" in the centre, 'the task would be easier
but still more costly 'than the normal interconnected type of street pattern.
- 2 - PD/130/79
For instance, an ~'ttempt is usually made 'to pile ~the snow in the middle of
the turning circle and along the "throat" of the cul-de-sac. This is
necessary because of the small amount of "storage" room left after driveways
are constructed (because of converging lot lines and small frontages). A
side issue is the appearance and possible dangerof the large pile of snow
in the centre of the turning circles. Many requests are made to remove
this type of snow pile.
5. A problem of walkways for pedestrian and emergency access is well known and
recognized. Owners of properties adjacent to the walkway continually object
to walkways adjacent to their~propertyo Problems of "no privacy" and motor
bikes using the walkways are but two of the complaints received. A type of
fencing similar to that used on the former Hydro right-of-way at Mountain Road
would discourage some of the motor bikes using the walkways as a "throughway",
(i.e. a fence at right angles to the walkway). Of course, the need for
emergency access is recognized for culs.de-sac because of the minimum side
yards usually prevalent in this type of street (i.e. no Way to get between
houses from the cUl-de-sac to the adjoining street).
Therefore, as a solution to Council's concerns, it is recommended
(1) that staff adopt a design approach which will attempt.to
avoid and discourage, wherever possible, the use of culs-
de-sac in new subdivision designs other than in exceptional
cases where the shape or topography of a parcel of land
provides good reasons for the inclusion of such a feature°
It would be our intention to circulate this information to
all parties involved in subdivision design so that they
would be aware of it prior to commencement of design work.
(2) That the use of right angle fences across walkwaYs,
suitable replaceable posts system (as is used at Buckley
^venue) be seriously considered for all walkways together
with "no motorized vehicle" signs. The feasibility of
using chains coUld also be considered.
(3) That the City Solicitor investigate the feasibility of a
by-law being enacted which would ban motorized vehicles
(other than emergency vehicles) from walkways and enable
action to be taken against offenders.
Jointly prepared by
A o Greaves
Planning Director
R2~.'Rodman ~ J
Director of Municipal Works
~itted,
S. R, Price
City Manager
AC/BB
Mr. A. Greaves~
Plannin~ Director.
79 09 11
Mr. R.W. Rodman,
Director of Municipal Works.
Paul J. Brennan, Deputy City ~'ferk
Use of Culs-dessac in Future Subdivision Designs
The attached report concerning the use of culs-de-sac in future subdivision
designs was presented to City Council at the meeting held last evening.
City Council directed that culs-de-sac not be permitted in future plans
of subdivisions, except on the recommendation of the Planning & D~velopment
Committee and approval by City Council. City Council mas also in agreement
with the second and third recommendations concerning walkways.
LP
Att.
Community Services Department
T ..... J/& , Municipal Works
ne L;m/oT ~'~'~1~'. 4310 Queen Street
T~ web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city, niagarafalls.on.ca
MW-2003-26
Ed Dujlovic
Director
February 3, 2002
Alderman Victor Pietrangelo, Chairperson
and Members of' the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-26 -
Reconstruction of Stanley Avenue between Marineland Pkwy.
and Main Street, Regional Contract RN 02-59
RECOMMENDATION:
It is recommended that:
City Council reaffirm its intention to proceed with this project and cost share with the
Region at an estimated cost of $3,435,120.00 (structural soil not included).
That the structural soil be deleted from the contract at a savings to the City of
approximately $500,000.00.
That the City confirm its agreement to relocate Niagara Falls Hydro from overhead lines
to underground at an estimated cost to the City of $800,000.00.
That Staff continues to investigate other sources of funding through the Fallsview BIA
and the Super Build Fund and report back to Council upon completion of these
investigations.
BACKGROUND:
The Regional Municipality of Niagara awarded Contract RN 02-59, the Reconstruction of Stanley
Avenue between Marineland Parkway and Main Street at their meeting dated January 23, 2003. The
award was subject to the confirmation of cost sharing by the City of Niagara Falls at an estimated
cost of $3,838,000.00, which included structural soil. The contract was awarded to Norjohn Limited,
and it is their intention to commence work on February 3, 2003 in order to complete their work
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February 3, 2003 - 2 - MW-2003-26
within the time allocated.
A presentation will be made by the Region at Community Services on February 3, 2003, indicating
the scope of this project.
A summary of the Regional cost sharing breakdown of this contract is attached.
The use of structural soil in the boulevards to support the growth of the trees was included in the
contract as a provisional item. The cost of this material within the limits of this contract between
Marineland Boulvard and Main Street was approximately $400,000.00 with an additional
$100,000.00 for the excavation. Upon further review with our landscape architect and with the type
of existing soil in this area, staff has deleted this item from the contract.
The Fallsview BIA has been involved with this project from the beginning. They have indicated their
participation in cost sharing on a number of aspects of this project. However, without having good
cost estimates, their cost was not discussed in any detail. Staff can now meet with the Fallsview BIA
representatives to discuss cost sharing in detail. Upon completion of these meetings, staff will report
back to Council with the estimated dollars that has been agreed upon.
One of the major items for this project is the relocation of Niagara Falls Hydro overhead lines and
the reinstallation underground. This cost is $1,300,000.00, with the City's share being $800,000.00.
This also includes the relocation of transformers at Dunn Street at an estimated cost of $250,000.00.
At present the Region is negotiating with Niagara Falls Hydro on cost sharing for this work. Any
positive results from this will reduce our cost.
With the deletion of the structural soil, the estimated cost to the City is $3,435,120.00. At present,
the City has allocated $2,300,000.00 in our Capital Construction Program. Staff is anticipating
additional contributions from the Fallsview BIA and the Super Build Fund at approximately
$1,140,000.00. However, should these funds not materialize, then the City would have to allocate
additional funds from the Capital Construction Program to cover the cost.
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
Respectfully submitted: !
Chief Administrative Officer
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
February 3, 2003 - 3 - MW-2003-26
Contract No. RN 02-59
Reconstruction of Regional Road 102 (Stanley Avenue)
Between Marineland Parkway and Main Street
In the City of Niagara Falls
Cost Sharing Summary - Net Costs
Description
Contract Amount
Region's Share
City's Share
Schedule of Work
Total Section 'A' to 'G' (Structural Soil)
Total Section 'H' - (Provisional with Structural Soil)
Total Section 'A' to 'H' (Structural Soil)
Ancillary Services and Associated Works
Contingency Allowance (including bonus - $15,000.00)
Consultants
Archaeological Assessment
Exploratory Test Pits
Geotechnical (including quality control testing)
Utility Relocates
Traffic Signals
Property/Legal Survey
In-House Construction
Net G.S.T. (3%)
Miscellaneous
Total Ancillary Services and Associated Works
Total Project Costs
Project Financing
$3,847,200.10
976,574.35
$1,782,485.30
551,391.06
$2,064,714.80
425,183.29
$4,823,774.45
$2,333,876.36
$2,489,898.09
493,000.00
650,000.00
3,450.00
5,110.00
21,430.00
1,298,800.00
250,000.00
2,010,000.00
10,000.00
281,626.95
15.808.60
$5,039,225.55
333,000.00
376,111.00
3,450.00
5,110.00
11,430.00
498,800.00
250,000.00
2,010,000.00
10,000.00
177,414.04
15_808.60
$3,691,123.64
160,000.00
273,889.00
N/A
N/A
10,000.00
800,000.00
N/A
N/A
N/A
104,212.91
N/A
$1,348,101.91
$9,863,000.00
$9,863,000.00
$6,025,000.00
$6,025,000.00
$3,838,000.00
$3,838,000.00
The City of I
Niagara Falls
Canada
Community Services Department MW -2003-25
Municipal Works Ed Dujlovic
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city. niagarafalls.on.ca
February 3, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW -2003-25 - Cost Sharing Payments
Neighbourhoods of St. David's
RECOMMENDATION:
That City Council authorize the payment of the City's share of the storm sewer construction
completed by the Walker Community Development Corporation on St. Paul Avenue in conjunction
with the servicing scheme for the Neighbourhoods of St. David's Plan of Subdivision.
That staff be directed to forward the funds paid by The Eagle Valley Golf Course to Walker
Community Development Corporation that have been collected on their behalf.
BACKGROUND:
The Neighbourhoods of St. David's Subdivision located on the west side of St. Paul Avenue north
of Mountain Road was approved for construction in the early 1990's and was subject to the typical
conditions imposed by the various approval agencies. One of these conditions required by The City
of Niagara Falls involved the construction of a sewage pumping station and force main that would
service the subdivision and two other parcels of land owned by other parties. This pumping station
and force main system was designed to outlet to the existing sewer on St. Paul Avenue near Moretta
Drive which necessitated the construction of a small section of storm sewer to separate the flows.
The developer opted to commence construction prior to the finalization of a cost-sharing agreement
which would legally bind all parties to pay their calculated share. One of the parties to this
arrangement was the Eagle Valley Golf Course who had made connections to the pump station for
their existing golf course/restaurant operation but disputed the terms of the agreement on the basis
that the pump station could not be used to service all of their property particularly the low-lying area.
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Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services
February 3, 2003 - 2 - MW-2003-25
Eagle Valley Golf Course submitted their planning applications to develop a multi-level
condominium building which was approved by City Council but appealed to the Ontario Municipal
Board by Walker Community Development Corporation. The Ontario Municipal Board ruled that
any issue regarding the cost-sharing agreement between the parties was beyond the scope of this
particular appeal.
Just prior to the hearing, the City invoiced and received payment from Eagle Valley Golf Club for
their current $25,697.80 share of the pumping station and sewer separation costs. These funds can
now be forwarded to Walker Community Development Corporation.
In addition the City's share of the storm sewer separation works can also be paid. The City's share
totals $87,179.68 which has been provided for in the 2003 Capital Projects Budget recently approved
by Council. There are other amounts outstanding from other parties which the City will use its best
efforts to collect until a formal agreement or other cost recovery mechanism are put in place.
Staff is seeking authorization to forward the funds collected from Eagle Valley Golf Course,
$25,697.80 and the City's share $87,179.68 to the Walker Community Development Corporation
which will complete the City's current obligations in this regard.
Prepared by:
Manager of Development
Respectfully submitted:
I[°hn MaCxtchief AdmDi°n~ltrdative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:~LEPORTSX2003 ReportsWIW-2003-25 - Cost Sharing Payments Neighbourhoods of St. Davids.wpd
Project Component
Description of Works
Pumping Station and Forcemain
Storm/Sanitary Sewer Separation
Storm Sewer
Streetlighting - St. Paul Ave.
Streetlighting - Calaguiro Dr.
Stormwater Management Pond
Neighbourhoods of St. Davids - Final Cost Sharing Calculations
Total Cost Cost Allocation
($) Walker's Sham lafrate's Sham Other's Sham City's Sham
$400,758.70 $183,627.64 $24,366.13 $192,764.93 $0.00
$104,570.28 $47,914.10 $6,357.87 $50,298.30 $0.00
$112,927.04 $0.00 $0.00 $0.00 $87,179.68
$25,410.00 $12,705.00 $12,705.00 $0.00 $0.00
$22,742.19 $18,466.66 $0.00 $0.00 $0.00
$51,221.55 $24,074.13 $0.00 $27,147.42 $0.00
Region's Share
$o.oo
$o.oo
$25,747.37
$o.oo
$o.oo
$o.oo
Calaguiro's Share
$o.oo
$o.oo
$o.oo
$o.oo
$4,275.53
$o.oo
Less:Credit $0.00 $0.00 -$5,026.20 $0.00 $0.00 $0.00 $0.00
TOTAL - $717,629.76 $286,787.53 $38,402.80 $270,210.66 $87,179.68 $25,747.37 $4,275.53
Other Issues
1 .The amount shown in the "Other's Sham" column will be collected by the City on behalf of Walker's and forwarded under the terms of a Best Efforts agreement.
2, lafrate's share, Region's share and Calaguiro's share will be invoiced by the City
3. The City will reactivate lafrate's Rezoning application upon receipt of amount owing shown above
4. The calculations used in the Best Efforts agreement will use the same formulae (i.e cost determined by % of flows)
Community Services Department
The City of
Niagara Falls
Canada
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2003-28
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
February 3, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members: RE:
MW-2003-28
Transfer of Agreement
Olifas Marketing Group Inc. - O.M.G. Niagara
RECOMMENDATIONS:
It is recommended that the Committee approve the transfer of the agreement from Olifas Marketing
Group Inc. to O.M.G. Niagara and further that the Mayor and Clerk be authorized to execute the said
agreement.
BACKGROUND:
In May of 1998, the City approved the execution of an agreement with Olifas Marketing Group Inc.
for the installation of Info Boxes and Info Bars on City Road allowances. Further, in July 1999 the
City authorized minimum guidelines to be implemented relative to the installation of such info bars
and info boxes.
These guidelines include:
Info Bars and Info Boxes be installed in locations that are deemed to be necessary in order
to protect pedestrians, and boxes be installed in locations necessary to facilitate waste
disposal needs, and,
All proposed locations for installations be reviewed and endorsed by City Staffand the BIA' s
be consulted (if in a BIA area) prior to installation.
Staff has carefully adhered to these policies, complaints from the local BIA's have diminished, and
a number of inappropriate bars and boxes were removed in 1999. To date, no new installations have
been requested by Olifas Marketing Group Inc.
In May of 2002, staff was approached by Mr. Gary Dingwall, a representative of O.M.G. Niagara
indicating that the franchise for the installation of Info Bars and Info Boxes was transferred to
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February3,2003 -2- MW-2003-28
Mr. Dingwall, operating as O.M.G. Niagara by Olifas Marketing Group Inc.
Section 15 of our current agreement with Olifas indicates that they will not assign the obligations,
duties and responsibilities unless the City has given its prior written consent.
Staff has worked with the assistance of O.M.G. Niagara to resolve some outstanding issues with
Olifas Marketing Group Inc. The result of this was the collection of more than $9,000.00 in
outstanding fees owed to the City of Niagara Fails by Olifas Marketing Group Inc.
Since May of 2002, O.M.G. Niagara has improved the maintenance of the existing signs and been
instrumental in assisting with negotiations to collect the outstanding fees. No new hardware
installations will be approved until such time as a new agreement is executed between the City and
O.M.G. Niagara.
Mr. Gary Dingwail, operating as O.M.G. Niagara has met with severai locai BIA's in an attempt to
improve communications and has agreed with City staffthat no new installations will be approved
unless written consent is obtained from the locai BIA's (if within BIA areas).
The originai agreement between Olifas Marketing Group Inc. and the City of Niagara Falls is for a
ten-year period commencing July 23, 1998. If the City implements the agreement with O.M.G.
Niagara, they would assume the agreement with the City in its sixth year. All fees payable to the
City would commence according to section 7.1. of the existing agreement (attached).
Prepared by:
Karl Dren, C.E.T.
Manager of Traffic & Parking Services
Approved by:
Director of Municipal Works
Sue Wheeler
S:\TRAFFICSREPORTS~003~2003 Community ServicesLMW~2003-28.wpd
Respectfully Submitted by:
SERVICE AGREEMENT
This Agreemenl dated July 23, 1998.
BETWEEN:
OLIFAS MARKETING GROUP INC.
Hereinafter called "Olifas"
OF THE FIRST PART
- AND -
THE CORPORATION OF TIlE
CITY OF NIAGARA FALLS
Hereinafter called "the City"
OF THE SECOND PART
WHEREAS Olifas is engaged in selling space on advertising faces on pedestrian hand rails and
associated waste receptacles (hereinafter collectively called the "hardware") for the purpose of
advertising goods and services;
AND WHEREAS Section 308, Paragraph 3 of the Municipal Act provides that municipal
corporations may pass by-laws permitting any person, under such conditions as may be agreed upon,
to place, construct, install, maintain and use objects in, on, under, or over sidewalks and highways
under its jurisdiction;
NOW TItEREFORE, in consideration of the sum of the payments exp~:essed herein and in
consideration of the mutual covenants hereinafter contained;' the-parties'do"hereby'covenatit and
agree tis follows:
ERECTION OF HARDWARE AND INSTALLATION OF ADVERTISING '-.'
I. I Thc City shall permit Olifas Io erect Ihe hardWare with or wiih6ut
advertising I~tces on roads and highways under Ihe jurisdiclion of the
Cily and lo inslail, or cause to be installed, adverlising mailer on such
advertising faces during Ihe term of this agreemenl, 'which shall be"
ten (10) years ::ommencirtg on July I, 1998.
i.2
Oii fi~s shall ol.'.tain tile approval of thc Director of Municipal Works
for lhe City or his or her designalC'(l~ereinafler Called "Di~acior") to
Ihe design, nla~ltl fitctm'e and installalion of the hardware, prior lo Ihe
inslallalion, an.:l Olifi~s covenants anti agrees to obtain thc consenl and
approval of thc Dircctor lo .'my alterations lo thc design or
6.2
6.3
6.4
6.5
6.6
6.7
-4-
Oli£as shall not permit the advertising of tobacco and tobacco-related
products on may advertising face installed on the hardware. Further,
Oli£as shall not post or permit to be posted an advertisement which
is not, in the opinion of the Director, of good character and
appearance, fi-ce from vulgarity or indecent suggestions of any kind
or nature. All advertising s.h, all. b.e in accordance with the guidelines
o f the Canadian Council o f Advertisers. The decision of the Director
in this regard shall be final and binding.
If any advertising does not comply with the provisions of this
Section, the City may require the removal of such advertising by
Olfias and Olifas shall, at is sole expense, remove the advertising' to
the satisfaction of the City, within the time frame specified by the
City, and the City shall not be liable to Olifas or anyone claiming
through or against Olifas for any damages, loss, costs or expenses, by
reason thereof.
Olifas shall make available to the City or its designates, at no cost to
the City or its designates, 5% of all advertising faces for public
service messages. ...
The City or its designates shall produce, and Olifas shall install, at
Olifas' own expense, all public service messages on any advertising
faces which Oil fas has made available to the City as above. The cost
of production of all public service messages shall be the
responsibility of the City or its designates as the case may be.
..
Olifas shall approve the design for the public service messages, which
approval may not be unreasonably withheld.
Olifas acknowledges that the City does hereby reserve the right to
install or pemfit to be installed other advertising devices in the
vicinity o1' the hardware without compensation to Olifas.
REVENUE
7.1
in consideration for the rights granted herein, Olifas shall .pay Io the
City a ice per month per advertising I'ace as follows for the successive
, )
-5-
years of this agreement:
I. $5.00 (plus taxes)
2. $5.00 (plus taxes)
3. $6.00 (plus taxes)
4. $7.00 (plu,s..{ax. e.s)
5. $8.00 (pius
6. $9.00 (plus taxes)
7. $ ! 0.00 (plus taxes)
8. $10.00 (plus taxes)
9. $10.00 (plus taxes)
10. ., $ I 0.00 (plus taxes)
7.2 For purp6~;es of lifts Agreement, "advertising face" means:
(a)
(b)
on a pedestrian hand rail: a surface of approximately
5 feet by 2 feet, equally approximatelY 10 square feet;
and ......
on an associated waste receptacle: a surface of
approximately 2 feet b,~ ,~ feet, equally approximately
6 square feet.
7.3
Payments shall be by means ofsemi-annual payment to the City on
each 6 month "anniversary" of the commencement of this Agreement.
7.4 The parties hereto agree that the fees set out hereinabove.are intended
to represent the fair market value of such rights. '
TAXES
8.1
Olifas shall promptly pay any business.taxes, ~,eal property taxes,
grants in lieu, Goods and Services Taxes, or any ~otber taxes whatever
assessed against the hardware or advertising, or the City, in respect.
of the cmTying out of the activities contemplated by this Agreement,
or Ihe payment of any amount pursuant to this Agreement. In the
event Ihat the City shall be required Io pay such taxes, Olifas shall
lbrthwilh upon demand reimburse the City for the amount of such
10.
11.
-7-
ASSISTANCE
10.1
The City shall use reasonable efforts (excluding any expenditure of
money) to prevent obstacles such as garbage cans owned by the City
and newspaper boxes, if the location of such boxe~/ is within the
control of the City, from interfering with the line of vision of
pedestrians and motorists 't~'th6' advertising faces.
10.2
The City shall use reasonable efforts (excluding expenditure of
money) to make available to Oiifas at no c.harge, any transit route, or
vehicular or pedestrian traffiC: information in the possession of the
City and available pursuant to the Municipal Freedom of Information
and Protecti~>n of Privacy Act, provided that Olifas acknowledges
that the City does not warrant the accuracy or completeness of any
information so provided, and that the City shall not be required to
provide copies at any charge for any information to Olifas.
DEFAULT AND REMEDY
11.1
If Olifas sha'[I be in default of any of its covenants, obligations or
agreements hereunder, the City may give to Olifas written notice
thereof specifying with reasonable particularity the nature of the
default, the time within which the same is to be remedied
(maintenance - to be completed forthwith, other requirements to be
completed within 48 hours or such other period of time as may be set
out in the said notice), and requiring the same to be remedied and,
upon receipt by Olifas of the notice which may be delivered by a
facsimile transmission, Olifas shall remedy the default within the
time speci fled.
il.2
If such de£ault si'mil continue for a period of time longer than the
period or'time specified or for such longer period of time as may be
reasonably required in the circumstances to cure such default, the
City may~without prejudice to any other rights which it may have
with resp(~ct to such default, remedy such default, and the cost thereof
lo the City and interest thereon at Ihe rate of prime plus 3 % per
annum (compounded semi-ammally, not in advance) from the date
such cost was incurred by the Cily shall be paid forthwith by Olifas
lo the City (upon demand by the Cily).
14.
-9-
the notice or knowledge of Olifas. If Olifas wishes to contest the
amount or validity of any lien and has so notified the City, and if
Olifas has deposited with the City or paid into Court to the credit of
the lien action the amount of the lien plus a reasonable amount for
costs, Olifas may defer payment of such lien for a period of time
sufficient to enable Olifas to contest the lien with due diligence.
Oil fas shall contest the lien oh behalf of the City at Olifas' own cost
and shall, as soon as possible, have the registration of any Claim for
Lien and/or Certificate of Action vacated.
13.4
The City, where applicable, may, but shall not be obligated to, vacate
any claim for lien, and any amount paid by the City in so doing,
together with all reasonable costs and expenses of the City shall be
reimbursed-to the City by Olifas within 15 clear days after demand.
If Olifas fails to pay the amount demanded, the City may forthwith
terminate this Agreement.
GENERAL
14.1
OBSERVANCE OF GOVERNMENT REGULATIONS
Olifas shall comply with all provisions of law applicable to the
advertisement and the placement of advertising faces in or on such
hardware during the term of this Agreement including, without
limitation, federal and provincial legislative enactments, zoning and
building by-laws (where applicable), and any other government or
municipal regulations or agreements which relate to the.dema.lition
or construction of structures and to the equipping of and maintenance,
operation and use of the hardware, structures and public ways
adjacent thereto and to the making of any repairs, replacemeflts,
alterations, additions, changes, substitutions or improvements, of or
to the hardware, or any part thereof. Olifas shall also comply with all
police, safety, fire, and sanitary regulations imposed by any federal,
provincial, or municipal authorilies, and with the requirements made
by the insurance underwriters to the extent required in order to keep
the required insurance in force.
14.2 CONDONATION
Any condonation or l'ailure by the City, to entbrce the rights and
remedies available to il under this Agreement arising I¥om failure by
Olifas Io observe o,' perform any provisions of this Agreement shall
not be deemed a waiver oflhe City's rights hereunder nor shall such
-11-
i 4.5 INDEX AND CAPTIONS
The index and captions contained in this Agreement are for reference
only and in no way affect this Agreement.
14.6
14.7
APPLICABLE I.,AW
This Agreement shall be construed and enforced in actor, dance with
the laws of the Province of Ontario and the laws of Canada applicable
therein from ti:ne to time and shall be treated in all respect as an
Ontario Agreement.
OBLIGATIONS AND COVENANTS
Each obligation or agreement of the City or of Olifas contained in this
Agreement, even though not expressed as a covenant, is considered
for all purposes to be a covenant.
14.8 INVALIDITY
The invalidity or unenforceability of any provision or covenant
contained in this Agreement shall not affect the validity or
enforceability Of any other provision or covenant herein contained
and any such invalid provision or covenant shall be deemed
severable.
14.9 COVENANTS INDEPENDENT
Each covenant in this Agreement is a separate and independent
covenant and a breach ora covenant by any party shall not relieve the
other party from the obligation to perform each of its covenants,
except as expressly provided herein.
14.10 -AMENDMENTS
No supplement, modi ficalion, amendment, waiver or tem'fination of
this Agreement shall be binding unless executed in writing by the
partics.
14.11 NON-WAIVER
No waiver of any of the provisions of ti'tis Agreement shall be
deemed or shall constitute a waiver of any other provision (whether
have the authority to bind their corporation.
-13-
DATED at Niagara Falls, Ontario, this
SIGNED, SEALED AND DELIVERED
in the presence of
day of July, 1998
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
P INC.
THE CORPORATION OF THE CITY
OF NIAGARA FALLS / ....... ---.)
yor
E. C. Wagg,(C, it/y Clerk [~'xNN
The City of
Niagara Fallst
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
edujlovi@city.niagarafalls.on.ca
MW-2003-24
Ed Dujlovic
Director
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members: Re:
MW-2003-24 -
St. David's Sanitary Servicing Project
Confirmation of Cost Sharing Arrangement
RECOMMENDATION:
It is recommended that the City of Niagara Falls confirm its support for the proposed sanitary
servicing scheme for the community of St. David's and commit to a maximum contribution of
$350,000 for the City's share of the costs to construct the new sanitary sewer on Stanley Avenue
between Portage Road and Highway #405. Further, that Municipal Works staff be directed to
arrange a meeting with the landowners that would benefit from this new sewer to discuss cost
recovery alternatives and report back to Council with a recommended financing scheme.
BACKGROUND:
At the December 4, 2001 meeting, City Council considered Report MW-2001-171 and approved,
in principle, the concept of allowing sanitary sewage from the community of St. David' s to discharge
into the Niagara Falls system subject to the confirmation of certain details with respect to the sharing
of costs with the Town of Niagara-on-the-Lake (Town).
Recently, Municipal Works staffmet with representatives from the Town to discuss the status of the
project and to confirm the City's interest in proceeding to the implementation stage. The project has
been delayed due to some difficulties in negotiating a suitable crossing location of Highway #405
with the Ministry of Transportation. In addition, there have been ongoing discussions between the
Town and various resident groups regarding the use of alternative technologies for the collection and
treatment of sewage.
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
February 3, 2003 - 2 - MW-2003-24
Notwithstanding the Town's local issues, they have been advancing the preferred alternative
identified in the Environmental Assessment review and have recently received proposals from three
firms to enter into a design/build contract for the required works estimated to be completed at a cost
of more than $8 million.
Municipal Works staff supported the scheme to discharge sewage flows into the Niagara Falls
system on the basis that it would provide the City the opportunity to extend sanitary sewers to an
unserviced portion of our urban area at lower cost than if it undertook the works itself. Presently,
the lands north of Portage Road on Stanley Avenue do not have access to a municipal sanitary sewers
and existing homes and businesses rely on private septic systems or holding tanks. There are also
a number of vacant parcels which have potential for development if the sanitary sewer were to be
extended. The attached plan shows the properties that would benefit from this initiative.
With respect to the equitable sharing of the project's capital costs it would be unreasonable to
assume that the City would contribute more than what it would otherwise cost to construct the works
itself. Using our most current tender prices, staff has estimated these costs to be approximately
$350,000. It would be appropriate therefore to cap the City's share at this amount. As noted in the
previous report it was expected that a portion of the Federal and Provincial funding would be applied
to this portion of the project as well.
The 2003 Capital Works budget contemplates the expenditure of $350,000 which is to be funded
from the owners of the benefitting properties. To date, Municipal Works staff has not discussed the
details and cost recovery methods with the benefitting landowners in the absence of a formal position
with respect to the City's maximum financial commitment.
Prepared by:
~lman, C.E.T.
Manager of Development
Respectfully submitted: /
[,/John MacDonald
Chief Administrative Officer
Approved_by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
St. David's Sanitary Servicing
Project
Niagara-on-the-Lake
19
18
No. Address Frontage Building
1. 1848 Stanley Ave. 103.00 m Yes
2. Stanley Ave. 85.00 rn Yes
3. 1948 Stanley Ave. 73.00 rn Yes
4. 1974 Stanley Ave. 21.00 m Yes
5. 1986 Stanley Ave, 21,00 m Yes
6. 2000 Stanley Ave. 21.00 rn Yes
7. 2002 Stanley Ave. 21.00 m Yes
8. 2058 Stanley Ave. 44,00 rn Yes
9. 2046 Stanley Ave. 13.00 rn Yes
10 2086 Stanley Ave. 57.00 rn Yes
11. 2176 Stanley Ave. 124,00 m Yes
12. 2220 Stanley Ave. 37.00 rn Yes
13. 2256 Stanley Ave. 37.00 rn Yes
14. 2283 Portage Rd. 169,00 m Yes
15. 2349 Portage Rd. 190.00 m Yes
16. 2233 Stanley Ave. 76.00 rn Yes
17. Stanley Ave. 21,00 m No
18. Stanley Ave. 160.00 m Yes
19. 1985 Stanley Ave. 378.00 m Yes
16
File: pr
Niagara-on-the-Lake
19
18
No. Address Frontage Building
1. 1848 Stanley Ave. 103.00 rn Yes
2. Stanley Ave. 85.00 m Yes
3. 1948 Stanley Ave. 73.00 m Yes
4. 1974 Stanley Ave, 21.00 rn Yes
5. 1986 Stanley Ave. 21.00 m Yes
6. 2000 Stanley Ave. 21.00 m Yes
7. 2002 Stanley Ave. 21.00 rn Yes
8. 2058 Stanley Ave. 44.00 m Yes
9. 2046 Stanley Ave. 13.00 rn Yes
10 2086 Stanley Ave. 57.00 rn Yes
11. 2176 Stanley Ave, 124.00 m Yes
12. 2220 Stanley Ave, 37.00 m Yes
13. 2256 Stanley Ave. 37.00 m Yes
14. 2283 Portage Rd. 169.00 m Yes
15. 2349 Portage Rd, 190,00 rn Yes
16, 2233 Stanley Ave. 76.00 rn Yes
17. Stanley Ave. 21.00 rn No
18. Stanley Ave. 160.00 rn Yes
19, 1985 Stanley Ave, 378,00 m Yes
16
File: dules\Gholman.~
The City of
Niagara Falls
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
MW-2003-19
Ed Dujlovic, P. Eng.
Director
February03,2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members: Re:
MW-2003-19
Niagara Falls Water System
Long Term Capital Needs
RECOMMENDATION:
That this report be received for information.
BACKGROUND:
In 1998 the Infrastructure Section of the Engineering Services Division was tasked by the Director
of Municipal Works to establish a long term capital works plan for the purposes of replacement
and/or rehabilitation of all three major infrastructure networks currently owned and operated by the
Corporation: the water distribution and sewage collection systems as well as the city-owned road
network. To date City Staff has made considerable progress in defining both the current condition
and age of these systems and their respective long tem capital needs for replacement.
This report is one of three to be produced in an attempt to inform Council of the need for a long term
financial commitment to the valuable municipal assets that the Corporation currently owns. City staff
is aware of pending legislation involving the indexing of water and sewer rate structures to the true
cost of the delivery of the service as well as the establishment of a pro active replacement program
to ensure the long term viability of the systems as a whole.
Bill 175, which received Royal Assent on December 13/2002 provides a vehicle for municipalities
to fund the replacement and rehabilitation of water and sewer systems on a total cost recovery basis
through the water rates charged to their constituents. The salient sections of the bill are as follows
1)
2)
"An inventory and management plan for the infrastructure needed to provide the
water services, prepared and certified by a professional engineer."
"An assessment of the full cost of providing the waste water services and the
revenue obtained to provide them."
(Bill 175 cont.)
January 20, 2003 -2- MW-2003-19
3)
"Every regulated entity that provides water services to the public will prepare and
approve a plan describing how the entity intends to pay the full cost of providing
those services"
The remainder of the bill outlines the process by which the rates and subsequent increases are
established and maintained.
Niagara Falls Water System - Size and Current Value
The following statistics serve to generally depict an inventory of the City's water distribution
system.
Water distribution system is four hundred and fifty-five, (455), kilometres in length
consisting of four thousand five hundred and fifty-nine, (4559), individual sections
or pipes.
The system has approximately twenty-eight thousand, (28,000), billable customers
or entities.
In addition to the piping, the system also has approximately four thousand five
hundred (4500) valves and two thousand six hundred, (2600), hydrants.
Flow through the system annually is in the order of seventeen million, (17,000,000)
cubic metres**
The replacement cost of the system in today's dollars is approximately one
hundred and thirty eight-million dollars, ($138,000,000).
* current value determined via afive-year review of capital watermain capital construction costs that were then applied on a system wide basis
** two year averages based on 2001 /2002 billed
The statistics shown were derived from a four-year examination and determination of all of the
physical characteristics of the system.
Niagara Falls Water System - Condition and Age
The following statistics give a general overview of the age and condition of the entire system.
The condition or measure of interior deterioration of any given pipe within a water system is
measured using a roughness or corrosion factor commonly referred to as the Hazen Williams C
factor. The higher the C factor, (130 for new PVC pipe), the more smooth or less corroded the pipe
is allowing it to safely and efficiently transport water to the customer. A C factor of forty, (40), or
less is commonly regarded as an indication of a pipe that is in need of replacement. C factor for any
pipe in the system is established via a combination computer modelling and field flow tests. The
Infrastructure Section continually refines the model to better predict both present and future needs.
Approximately eighty-five kilometres or approximately 20 percent of the City's water
distribution system has a C factor of 40 or less. The replacement value for these pipe sections
is approximately $ 28,000,000.
In addition to C factor the age of a pipe in the system is also indicative of its need for replacement
January 20, 2003 -3- MW-2003-19
or rehabilitation. A pronounced lack of data concerning the longevity of different pipe materials
exists as no water system is ora sufficient age to accurately predict total lifespan of any section. An
age of seventy years is generally considered by City and Regional Staffto be a reasonable serviceable
life for any given pipe in the system. This estimate of serviceable life is consistent with that used in
the current Regional Municipality of Niagara Master Servicing Study.
Approximately forty-seven, (47), kilometres of the City's water distribution system are seventy
years or older which constitutes approximately 12% of the total system length. The
replacement value in today's dollars for these sections is approximately $15,500,000.
Applying both C factor and age against the entire system, all pipes more than 70 years old and
having a C factor of 40 or less yields a replacement pipe length of 41.28 km with a replacement
value of approximately $13,500,000. The aforementioned figure represents the pipes that are
currently of greatest priority in terms of replacement need and not the total funding required. This
analysis is considered to be accurate for all pipe material types with the exception of ductile iron
which in some cases has an accelerated decay rate in certain soil conditions. Ductile iron pipe will
be the subject of a future report.
The metrics applied here, C factor and age, are only two of many possible predictive variables that
can be used in calculating the scale and priority of capital replacement programs. Subsequent reports
will factor in variables including: ductile iron pipe, fire demand, water quality and others to
determine both the priority rating and criticality of a given section of pipe.
Proposed Funding Regime
Current capital spending for replacement is in the area of $ 2,700,000 per fiscal year. The watermain
statistics applied in the third example above show that at current spending levels the substandard
pipes in the "do now" category within the system will not be replaced for approximately five years.
It is interesting to note that as the substandard piping is replaced over the period mentioned that the
rest of the system is deteriorating at a fixed rate into the "do now" category.
To account for the remainder of the system an investment of 1.4% of the replacement value of the
rest of the system is required to maintain a service level of 70 years old for any given pipe within the
system. This funding commitment on a yearly basis, indexed to inflation, is approximately
$1,800,000. The said funding should be committed on a long term basis to ensure that a reserve is
maintained to account for years in which larger percentages of the system require replacement due
to their age. This funding is over and above the present $2.7 million.
The implementation ora clear and consistent long term funding and replacement rationale is required
to ensure both the viability of the system and the continued supply of safe and clean potable
drinking water to the citizens of Niagara Falls.
January20,2003 -4- MW-2003-19
Recommendation
It is recommended that this report be received for information of Council.
/firMavid Watt, CET, OLS, OLIP
anager of Engineering Services
Approved by.2
Ed Dujlovic, P. Eng.
Director of Municipal Works
Respectfully Submitted by: ,
(/'/Jc~°h il~o~ rM~acDOnald
Chief Administrative Officer
File S-60-11
V:L2003COUNCIL\030203LMW2003-19 Long Term Capital Need Water System.wpd
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
ed ujlovi@city.niagarafalls.on.ca
MW-2003-29
Ed Dujlovic
Director
February3,2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2003- 29 -
Reconstruction of Roberts Street from Stanley Avenue to Falls
Avenue and Stanley Avenue from Stamford Street to north of Valley
Way Regional Contract RN 02-47
RECOMMENDATION:
It is recommended that City Council confirm its participation in this project and the related cost.
BACKGROUND:
As Council may be aware, the Ministry of Transportation had completed a preliminary design for
the rehabilitation of Roberts Street. A Provincial Class Environmental Assessment has been
completed with participation from the Region. The roadway is in the final stages of being transferred
to the Region. The tender for this work has been called and awarded to Hard Rock Paving Company
Ltd.
Works to be carried om under this contract include road reconstruction with widening on both
Roberts Street and Stanley Avenue, rehabilitation of the Victoria Avenue, Palmer Avenue and
Ontario Avenue overpasses. The demolition and removal of the former CPR rail structure, repairs
to the masonry walls, storm and sanitary sewers, watermains, street lighting and a decorative
landscaped gateway along Roberts Street.
These works will also include the installation of cul-de-sacs at McDougall Crescent, Stamford Street,
Powell Avenue, thereby eliminating direct access to Roberts Street or Victoria Avenue.
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February 3, 2003 - 2 - MW-2003-29
The City will be cost sharing on the storm sewer, sanitary sewer, watermain, demolition of the CPR
Rail Structure, sidewalk construction and street lighting on Stanley Avenue. Our estimated share is
$840,000.00. Sufficient funds have been allocated in the 2003 Capital Construction Program.
Prepared by:
Frank Higgins, C.E.T.
Project Manager
Respectfully submitted:
/ fi°hn Mac,~ Chief Adn~i°n~salt~dative Officer
Approved by:
Ed Dt~jlovic, P.Eng.
Director of Municipal Works
S:~REPORTS~2003 Reports~JvlW-2003~29 Robert St. Reconst.wpd
The City of
Niagara Falls
Canada
Community Services Department
Parks, Recreation & Culture
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
akon@city, niagarafalls.on.ca
R-2003-10
Adele Kon
Director
February 3, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re,'
R-2003-10 - Coronation 50 Plus Recreation Centre
Membership Monitoring System
RECOMMENDATION:
That the Request for Proposal #P1-2003 for a Membership Monitoring System be awarded to
Toplnet of Montreal, Quebec at the total cost of $22,470.00 including taxes.
BACKGROUND:
The Coronation 50 Plus Recreation Centre has a membership steadily growing since 1978. The
actual operating environment needs to be improved to assist in the daily management/operations and
increase the service quality to members. The split-level configuration to the Coronation Centre
building, the dual entrances and the administrative office location create a complex environment to
operate. A Membership Monitoring System will give better control on the security of the building
and will act as a controlling mechanism to monitor members and guests. Today, the staff relies
solely on each member informing the office of his or her membership expiring. As well, they must
manually record memberships, financial reporting, event booking, point of sale and class registration.
These operations are extremely time consuming and inefficient.
In addition, the former Executive of the Greater Niagara Senior Citizens also recognized this
operational problem within the Coronation Centre and on November 28, 2000 they made a motion
which was passed to implement such a system. Furthermore, on January 14, 2003, the current
standing Advisory Committee members were given a copy of the 'Request for Proposal' and they
too have given their full support.
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February 3, 2003 - 2 - R-2003-10
Tenders were picked up by various bidders and three bid proposals were received by the Clerk's
Department. The result of the bid process is presented as follows:
Contractor
1 .TopInet
2. BNW Software. Inc.
3. MGN Consulting. Inc.
City
Montreal, QC
London, ON
Markham, ON
Tender Bid Price(includingtaxes)
$22,470.00
$28,577.50
$54,251.25
TopInet maintains a high standard of excellence through its expertise in recreation club management,
providing a practical solution to monitor membership and manage facility operations easily and
efficiently. They have more than five years experience in the domain, and are recognized as a solid
business partner in the sport club management and space reservation software. In January 2003
Toplnet are establishing an office in Toronto where they will also provide the support team to the
Coronation Centre. Toplnet was able to provide references of locations where they have installed
similar systems and the feedback has been positive.
Financing:
Funding for the Membership Monitoring System is available in the following account:
Account Name
Special Purpose Reserve #197
Dollar Amount
$22,47O.00
The Committee's approval of the above would be appreciated.
Adele Kon
Director of Parks, Recreation & Culture
Respectfully submitted:
Chief Administrative Officer
HG/das
V52003COUNCIL\030203hR-2003-10-Coronation 50 Plus Recreation Centre - Membership Monitoring System.wpd
The Cily of
Niagara Falls
Canada
Corporate Services Department
Human Resources
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
travenda@city.niagarafalls .on .ca
CPS 2003-01
Tony Ravenda
Executive Director
February 3, 2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re-'
CPS 2003-01;
Systems
Acceptable Use for Internet Access and Computer
RECOMMENDATION:
For the information of Council.
~ID FUR'rgR~ ~BAT A REPORT Bg PRRPARED REC, A]~ING COI~IFI_DRI~3.&I.I~I~ OF COI1NCIL~S l~'lAILIS AND C[I~J'13G~.
BACKGROUND:
At the Council meeting on January 20, 2003 a question was asked regarding the privacy and access
to the Corporation's internet and E-mail systems. Attached for Council's information is Policy
400.27; Internet Access and Computer Systems.
Any access to a Staff's E-mail would only take place in cases where a possible violation of this
policy has occurred and only with the approval of the Chief Administrative Officer. Staff would
only access a Member of Council's E-mail with the approval of Council.
Recommended & Approved by:
?
Tony Ravenda
Executive Director of Corporate Services
Respectfully submitted:
o~~ Mac~Do~:ld~~
Chief Administrative Officer
TR:hm
Attach.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
Corporate Services
Human Resources
Date Effected
June 26, 2000
Last Revised
April 22, 2002
Acceptable Use
for
Internet Access and
Computer Systems
SECTION 400.27
Policy Statement
The Corporation provides employees and elected officials with access to the Internet and Computer
Systems for business purposes.
Purpose
Access to Internet-related systems enables employees and elected officials to gather information
relevant to the Corporation's business from external sources; and to provide information to residents,
potential residents, businesses and business prospects.
This policy outlines the Corporation's requirements regarding acceptable Internet, Intemet Electronic
Mail (E-mail) and computer systems usage.
Scope
This policy applies to all the Corporation's employees and elected officials. For the purposes of this
policy, "employee" means both employees and elected officials. Employees have access to these
systems consistent with the requirements of their job, and are encouraged to use the systems.
"Intemet" means all activities undertaken through the Corporation's Intemet resources including
electronic mail and browsing external web sites unless otherwise specified.
Access
Electronic mail access via Intemet is automatically provided to all employees through the
GroupWise system. Additional approval is not required.
Access to other Internet functions and specific computer systems is determined by the requirements
of the employee's position. It is the responsibility of the Director of each division to assess
employee needs when granting access. Requests for Internet access and computer systems must be
submitted via E-mail to the Manager of Information Systems by the employee's Director. In the case
of elected officials, the request must be approved by the Executive Director of Corporate Services.
Users may be subject to limitations on their use of Internet-related resources.
Page 1 of 5
Corporate Services
Human Resources
Date Effected
June 26, 2000
Last Revised
April 22, 2002
Acceptable Use
for
Internet Access and
Computer Systems
SECTION 400.27
GENERAL PRINCIPLES
1. Ownership
Corporate provided Intemet/!ntranet and E-mail privileges, like computer systems and
networks, are considered Corporate resources and are intended to be used for business
purposes only.
2. Privacy of Communications
Correspondence via Internet E-mail is NOT guaranteed to be private. While network
administration provides a high level of privacy and security on the network, users should be
aware the E-mail messages can be recovered even though deleted by the user.
Management may access user files, including archived materials of present or former
employees without the user's consent for any purpose related to maintaining the integrity of
the network, or the rights of the Corporation or other users or for any other reasonable
purpose.
3. E-Mail
All messages are to be answered promptly.
E-mail users must empty their mailboxes on a continual basis. This should be done at the
end of the workday if possible.
4. Data Security
Employees must safeguard their login ID and password from disclosure to any person
except the staff of the Information Systems Division. Users must use their own login ID and
password, are responsible for all activity on their login ID, and must immediately report any
known or suspected compromise of their ID to the Information Systems Division.
5. Personal Use
Personal use of systems is authorized within reasonable limits as long as it does not
interfere with or conflict with business use. Employees are responsible for exercising good
judgement regarding the reasonableness of personal use.
If an employee receives E-mail that conflicts with any section of this policy, they must
notify the Information Systems Division immediately. The employee or staff from
Page 2 of 5
Corporate Services
Human Resources
Date Effected
June 26, 2000
Last Revised
April 22, 2002
Acceptable Use
for
Internet Access and
Computer Systems
e
w
SECTION 400.27
Information Systems will notify the sender of such E-mail that it is not appropriate and to
cease sending any further such type of E-mail.
Subject to item no. 6 of this policy, individual divisions are responsible for creating
guidelines concerning personal use of Intemet-related systems; however, in the absence of
such policies, employees should be guided by departmental policies on personal telephone
use. In case of doubt, employees should contact their supervisor or manager.
Downloading and Installing
Downloading of non-executable files for business use is permitted. These would include
reports, adobe pdf files, information flyers, etc., from other institutions or government
agencies that may be useful to the Corporation.
Executable software may not be downloaded or installed. This type of software may
contain viruses which could harm the Corporation's network. If such a file is required, it
must be done by the Information Systems Division who will then check the file for any
infection.
Freedom of Information
All electronic documents which are created by or with the Corporation's computers or
network, including Internet related systems, are records for the purposes of the Municipal
Freedom of Information and Protection of Privacy Act and may be a public record for the
purposes for this Act.
Unacceptable Use of Internet-related Systems
Communications and Intemet access should be conducted in a responsible and professional
manner reflecting the Corporation's commitment to honest, ethical and nondiscriminatory
business practice.
In furtherance of these goals the following restrictions shall apply:
Employees shall not visit Internet sites that contain obscene, pomographic, hateful or other
obi ectionable materials; send or receive any material that is obscene or defamatory or which
is intended to annoy, harass or intimidate another person.
Employees shall not solicit E-mails that are unrelated to business activities.
Employees shall not solicit business for personal gain or profit.
Page 3 of 5
Corporate Services
Human Resources
Date Effected
June 26, 2000
Last Revised
April 22, 2002
Acceptable Use
for
Internet Access and
Computer Systems
10.
SECTION 400.27
Employees shall not use or permit the use of the Internet or E-mail for any illegal purpose.
Employees shall not use continuous access technology such as "Push or Pull".
Employees shall not represent personal opinions as those of the Corporation.
Employees shall not upload, download, or otherwise transmit commercial software or any
copyrighted materials belonging to the Corporation, to parties outside of the Corporation.
Employees shall not download or install any executable soRware.
Employees shall not intentionally interfere with the normal operation of the network,
including the propagation of computer viruses and sustained high volume network traffic
which substantially hinders others in their use of the network.
Employees shall not examine, change, or use another person's files, output, or user name
for which they do not have explicit authorization.
Employees shall not perform any other inappropriate uses identified by Information Systems
staff.
Employees shall not connect unauthorized equipment to the network for any purpose
inconsistent with the business purpose of the Corporation.
Employees shall not deliberately waste computer resources, including but not limited to
bandwidth, disk space, and printer paper.
Employees shall not use the Corporate network to gain unauthorized access to any computer
system.
Education
To promote the efficient use and to avoid misuse of Interuet-related features, a copy of this
policy statement will be distributed to all employees having access to Interuet-related
systems. Employees are required to familiarize themselves with the contents of this policy.
Enforcement
The Corporation may monitor employee usage to ensure proper working order, appropriate
use by employees, and the security of Corporate data.
Page 4 of 5
Corporate Services
Human Resources
Date Effected
June 26, 2000
Last Revised
April 22, 2002
Acceptable Use
for
Internet Access and
Computer Systems
11.
12.
SECTION 400.27
Depending on the severity of the violation, employees may be subject to disciplinary action
from written warnings (may include loss of access privilege) through to employee
termination. The Corporation also retains the right to report any illegal violations to the
appropriate authorities.
Amendments
The Corporation may amend this Acceptable Use Policy from time to time as necessary.
All employees with access to Internet-related systems will receive prompt notice of any
amendments.
Disclaimer
The Corporation will not be responsible for any misuse of Corporate Internet-related
systems. Persons found to be misusing the Corporation's Internet-related systems will be
responsible for any costs or damages sustained by the Corporation or a third party and will
be obligated to indemnify the Corporation for any claim against the Corporation by a third
party.
Page 5 of 5