2008/05/05 CORPORATE SERVICES COMMITTEE AGENDA
SIXTH MEETING
Monday, May 5, 2008
City Hall, Committee Room 2A & B - 4:00 p.m.
1. Approval of the April 28, 2008 Corporate Services Minutes.
2. Reports: Staff Contact:
a) CPS-2008-03 Ken Burden
Water/Sewer Rate Structure Update
Presentation by Mr, Mike Loudon,
R,M, Loudon, Ltd,
Deputation by Mr, Ed Bie/awski
b) BDD-2008-02 Serge Felicetti
Niagara Convention & Civic Centre
c) MW-2008-22 Geoff Holman
Kalar Road/McLeod Road to Rideau Street
Road Reconstruction and Underground Services
3. New Business
4. Adjournment
' MINUTES OF CORPORATE SERVICES COMMITTEE MEETING
MONDAY, April 28, 2008, CITY HALL, ROOM 2 AT 5:20 P.M.
PRESENT: Chair-Councillor Victor Pietrangelo ,Mayor Ted Salci, Councillors: Jim
Diodati, Vince Kerrio, Carolynn loannoni, Bart Maves, Wayne Thomson,
Janice Wing and Shirley Fisher.
STAFF: John MacDonald, Ed Dujlovic, Ken Burden, Ken Beaman, Lee Smith,
Geoff Holman, Dean lorfida, Alex Herlovitch, Todd Harrison, Marianne
Tikky- Steno.
GUEST: Victor Ferraiulolo, Frances Berry, Ross Barr, Veena Shahani - Lundy's
Lane BIA Members. Shane Sargant and Joe Butera.
PRESS: Corey Larocque, Niagara Falls Review, Rob Lapensee, Niagara This Week
MINUTES
It was ORDERED on the motion of Mayor Salci and seconded by Councillor Diodati, that
the April 14, 2008 minutes be approved.
Motion: Carried.
Action: Recommendation submitted to Council 2008/04/28.
REPORTS
a) Memo to Committee
357 Appeals - 8675 Montrose Road
It was ORDERED on the motion of Councillor Thomson and seconded by Mayor
Salci that;
1. The Committee direct Council to approve MPAC's recommendation of no
adjustment to the assessment for 8675 Montrose Road; and
2. That the property owner be directed to appeal to the Assessment Review
Board.
Motion: Carried
Acton: Recommendation submitted to Council 2008/04/28..
b) CD-2008-05
Lundy's Lane Request re: Kiwanis Bench Program
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Committee engaged in a lively discussion with Councillor Diodati recommending
deferral so that a Kiwanis Club member could be present at the meeting. Several
Councillors disagreed as the agreement clearly states in section 3.14, "The
licensors shall be entitled to remove any of the Benches on any of the Sites, or
landscaping, immediately in the event of any emergency or upon 30 days written
notice to the Licensee in the event the road allowances are required for municipal
purposes or any streefscaping required by the Licensors in conjunction with the
Business Improvement Area Board and the Licensee covenants and agrees thatin
each instance, such removal and replacement of the Benches and landscaping shall
be at the Licensee's sole cost and expense."
It was ORDERED on the motion of CouncillorThomsonsnd seconded by Councillor
Wing that as per the Licence Agreement the Kiwanis benches in the Lundy's Lane
BIA are to be removed.
Motion: Carried
Opposed: Councillor Diodati
Action: Recommendation submitted to Council 2008/04/28.
c) CD-2008-06
Request of Waiver of Fees for Springlicious
It was ORDERED on the motion of Councillor Thomson and seconded by Mayor
Salci that;
1. Committee wishes to recommend that various fees be taken from the
Downtown CIP account associated with the Springlicious event.
2. That an extension to the noise by-law as requested by the Downtown BIA for
th e S r'
p inglicious event be approved.
Motion: Carried
Action: Recommendation submitted to Council 2008/04/28.
ADJOURNMENT
It was ORDERED on the motion of Councillor loannoni and seconded by Councillor Fisher
that the regular meeting of the Corporate Services Committee be adjourned at 5:50 p.m.
Motion: Carried
It was ORDERED on the motion of Councillor Diodati and seconded by Councillor Maves
that Committee move to an In-Camera Session.
Motion: Carried
May 5, 2008 CPS-2008-03
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Nia ara alts
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Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
Re: CPS-2008-03
Water and Sewer Rate Structure Update
RECOMMENDATION:
That additional analysis and public consultation should be undertaken to determine what
is appropriate for a new water and sewer rate structure.
BACKGROUND:
On April 14, 2008, the Corporate Services Committee received the presentation of the final
report by R.M. Loudon Ltd., a consultant engaged to provide a water and sewer rate
structure review. Mr. Loudon advised that the review provided principles, a sample of what
a different rate structure would look like and a discussion around impacts of changing the
rate structure. Following that presentation the Committee directed Mr. Loudon to prepare
recommendations for a water and sewer rate structure.
Staff's report addresses the recommendations which have been received and have already
been circulated to members of Committee. In total there are nine (9) recommendations
as follows;
1. That the principles checked off below in Column A -User Rate Formaf Priority,
are recommended for adoption with respect to the formulation of the water and
sewage rates:
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A -User B -Other Methods
Principles Rate are More Suitable
Format for Implementation
Priorit
Revenue adequac & securit ~
Le alit
Practicalit ~
Fairness & User Pa ?
Affordabilit
Sim licit ~
Conservation & Water use ?
efficient
Encourage industrial ~
develo ment
The principles in Column 8 may also be City priorities, but they are best
implemented using other strategies.
Staff Comment
Staff supports the principles shown in the above chart. Staff is satisfied with the
cross section of principles and with the rating format. It should be noted that the
Fairness and User Pay principle has received more weighting as a result of public
forums held in January and attended by approximately 25 members of the public.
Staff cautions the Committee that this may not be a satisfactory representation of
the rate payers for water and sewer services.
Staff has circulated Mr. Loudon's report dated April 2, 2008 to the Chamber of
Commerce and the City's Business Improvement Areas. The Chamber of
Commerce, BIA's and others may provide comments to the Committee on May 5,
2008.
2. That combined water and sewage rates be used to bill customers with City water
and sewage services. A separate water-only rate would still be required for water-
only customers. Awater--only rate with volumetric and service charge components
is preferred for the water-only customers, but a water rate expressed as a
percentage of the combined wafer and sewage rates is acceptable if necessary for
administrative reasons.
Staff Comment
The use of separate rates for water and sewer services is intended to ensure that
sufficient revenues are received and billed for each of the systems. The combining
of the two rates would blend the two systems giving the appearance that water and
sewer services are all one system. As Committee is aware the costs for each of
these systems drives the revenue generation and therefore the individual rates for
water and sewer services.
3
By combining the rates there would be a difficulty for the ratepayer to determine the
cost of water and sewer service. Ratepayers who want the breakdown between
water and sewer billing would find it difficult to determine that difference. By
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` May 5, 2007 _3_ CPS-2008-03
combining the rates it would be difficult to have a rate structure that provided some
relief on sewer rates to those who contend that they are using water only. This
concern was raised by public forum participants who use water for gardening.
Staff's concern is that combining the water and sewer rates would in effect hide the
rates.
3. That atwo-part rate format with asingle-block volumetric rate and service charges
varying by meter size continues, but without the current approach of linking
Regional costs to the volumetric rate and City costs to fhe service charge.
Staff Comment
There are many rate formats and staff cautions the Committee that there has not
been a full examination of the impacts to various ratepayers. The single-block
volumetric rate will not promote water conservation and efficiency. Staff would be
interested to look at alternative volumetric rates in order to fully explore the impacts
that could be favourable to a variety of ratepayers.
Along with the volumetric rate, Staff would like to review how the service charges
would vary in terms of other factors. Other factors could be chosen to differentiate
between the size of services and thereby impact the amount of fixed charge per
meter service.
4. That the proportion of costs allocated to the volumetric charge be increased to 75%
and the proportion of costs allocated to service charges be decreased to 25%.
(Note that customers' bills will have varying percentage shares of volumetric
charges and service charges depending on volume used by the customer and the
customer's meter size.)
Staff Comment
Staff is very concerned about the allocation of a 75/25 split, for a volumetric rate
structure. The report explains what kinds of costs would qualify for a volumetric or
a fixed rate. However, this recommendation simply suggests a percentage split of
the total costs for both water and sewer systems. Also, the 25% fixed component
is below the survey average of 30% that was shown in Mr. Loudon's report. (see
Attachment 1, Comparative Charges).
The percent allocation would not be in effect for all ratepayers. Depending on a
rate payer's volume, the percentage split in their billing would differ from other rate
payers. This example shows the difference for three residential taxpayers.
17.5 m3/mo. 36 m3/mo. 50 m3/mo.
Volume 398 59 842 75 1,138 80
Fixed 278 41 278 25 278 20
Total 676 100 1,120 100 1,416 100
Since most of the total costs are fixed, a move to a 75% volumetric rate increases
the risk for revenue adequacy and accuracy. Staff would anticipate multi-year
budgets for volumetric rates so that sufficient revenues are collected.
May 5, 2007 _q._ CPS-2008-03
5. That aphase-in from the current rate formulation to the 25%/75% cost allocation
approach over a period of two to three years be considered.
Staff Comment
Staff supports aphased-in implementation for any change in the rate structure for
water and sewer rates. Due to the importance for rate payers to adjust, a new rate
structure may take several years to fully implement. In each year Staff will need to
evaluate how the change has impacted rate payers, and how it has impacted water
and sewer revenues.
6. That the 25%/75% service charge versus volumetric rate cost split approach be
revisited for the 2073 water and sewage user rates.
Staff Comment
Staff supports the issue be revisited in a five-year time frame, as the last review
occurred after aseven-year period which has proven to be too long.
7. That in recognition of the high cost of supplying water to meet seasonal irrigation
demands and to encourage conservation, no special rate or billing concessions be
adopted for residentia! summer increases in usage.
Staff Comment
A special rate or billing concession was one of the concerns that was loudly
presented at the public forum. There must be some attempt to address the
concerns of rate payers who are in need of some concession on their sewage
billings in the summer season. Staff would explore various rate concessions, while
maintaining revenue sufficiency.
8. That, in order to offset the potential loss in revenue security resulting from a
reduction in revenues generated from fixed charges (i.e., a reduced service charge
component), projections used to set future user rates be made on a conservative
basis and a Rate Stabilization Reserve Fund (RSRF) to cushion against unexpected
user rate revenue shortfalls be established and funded. A target level for the RSRF
along with a funding approach need to be established.
Staff Comment
Staff supports the provision of a Rate Stabilization Reserve Fund. With an RSRF
the Committee can be assured that any interim revenue shortfalls can be drawn
from the fund, and the fund can be replenished by adjusting future rates.
9. That in general the installation of bulk meters is preferred over individua! unit
metering by the City for residential multi-unit customers such as condominium
corporations and apartment buildings. Multi-unit customers with individual direct
connections to City mains and shut-offs at the property line, such as freehold
townhouse developments, would continue to have individua! City meters.
Staff Comment
Over the past several years condominium developments have not been restricted
to the installation of bulk meters. This has resulted in inequities between
condominium corporations. Staff advises that for fairness and user pay there
should be special consideration for these billings. In the future, staff advises that
May 5, 2007 _5_ CPS-2008-03
new development or redevelopment of condominium units should be required to
use a bulk meter.
Additional Comments
During the presentation made by Mr. Loudon concerns were expressed with the
charges for water and sewer that residents in Niagara Falls were paying as
compared to other municipalities (see Attachment 1, Comparative Charges). One
of the driving factors has been the increases to infrastructure spending that Council
has approved to deal with the challenges that the City faced.
In 2000, when metering was introduced, the total funding for water and sewer
infrastructure was $2,720,000. In 2007, the approved funding was $8,725,000 and
increase of 220.7% ($6,005,000) over the seven year period. (see Attachment 2,
Infrastructure Budget) In comparison, if the funding only increased 3% per year,
22.99% over five years, the infrastructure funding for 2007 would have been
approximately $3,345,000 which is $5,380,000 less than approved. Using the 3%
scenario the total water/sewer charges in Niagara Falls for 2007 based on 240
m3/year would have been $644.
Another factor to consider is the wholesale rates for water and sewer for the
Region. For 2007 the water and sewer charges were $0.5120/m3 and $0.6130/m3
respectively. Based on 240 m3/year the cost for the Regional charges are $270.
Factoring in the unaccounted for water and extraneous flows entering the sewer
systems the amount becomes $350.
Summary
Staff has reviewed the nine recommendations as prepared by Mr. Loudon in
response to Committee's request. The recommendations are a good beginning to
focus Committee's attention on this important decision. However, more analysis
and public consultation should be undertaken to determine what is appropriate for
a new water and sewer rate structure.
Recommended b `l ~~~GC~-~~~
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Ken Burden, Executive Director of Corporate Services
Recommended by:
Ed D jlovic, x ive Director of Community Services
Respectfully submitted:
J n MacDonald, Chief Administrative Officer
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May 5, 2008 w _ BDD-2008-02
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Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
Re: BDD-2008-02
Niagara Convention and Civic Centre
Compliance Team
RECOMMENDATION:
1. That the Zeidler Partnership be awarded as the Compliance Team for the
Niagara Convention and Civic Centre project.
2. That the Mayor and City Clerk be authorized to execute the necessary
agreements; and
3. Council authorize staff to prepare the RFQ and RFP for the design build
construction.
BACKGROUND:
On February 11, 2008, Council selected MHPM as project manager for the Niagara
Convention and Civic Centre. As indicated in council report MW 2008-14, one of the
immediate tasks of the project manager was the preparation of an RFP to select the
project Compliance Team.
The Compliance Team working with the project manager, NCCC, and City staff, will
develop the concept design documents which describe the general facility design,
layout, the guidelines, standards, and performance specifications, for use in the
selection of a Design Build Contractor. The compliance team will also provide the
following services throughout the construction of the project.
• Review of the design development by the Design Build team for
conformance to the performance specifications.
• Site inspections during construction to verify conformation to the
performance specifications contract documents, including the working
drawings and projecfi specifications.
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May 5, 2008 - 2 - BDD-2008-02 ,
Ongoing project review and consultations to ensure delivery of the desired
project.
The Compliance Team will include the following specialist/expertise:
• Architect
Structural Engineer
• Mechanical Engineer
• Electrical Engineer
Landscape Architect
• Acoustic Specialist
• Kitchen Consultant
• Information Technology Consultant
Theatre Consultant
On March 20, 2008, an RFP for "the selection" of a Compliance Team was issued. A
total of three proposals were received. The project manager along with City staff and
NCCC representatives reviewed the submissions and selected Zeidler Partnership.
Over the next several months, the Compliance Team will work with the project
manager, NCCC and City staff to develop the RFQ and RFP for the design build
contractor. One of the key project milestones is to issue the Design Build RFP by
September of this year.
Following negotiations with Zeidler Partnership, the fee for the assignment is $1.625
million, plus disbursements bringing the total cost to carry out the Compliance Team
work to $1.735 million. The funding for the assignment will be provided from the funds
secured from the Federal and Provincial governments and the private sector.
Committee's concurrence of the recommendations is appreciated.
Recommended by:
Serge elicetti, Director of Business Development
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Respectfully submitted.
Joh acDonald, Chief Administrative Officer
May 5, 2008 MW-2008-22
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Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2008-22
Tender #2008-176-06
Kalar RoadlMcLeod Road to Rideau Street
Road Reconstruction and Underground Services
RECOMMENDATION:
That the unit prices submitted by the lowest tender Gibbons Contracting be accepted and
that the Mayor and City Clerk be authorized to execute the necessary agreement.
BACKGROUND:
At its meeting on March 31, 2008, City Council adopted the recommendation set out in
report MW-2008-08 (attached) authorizing staff to proceed with the tendering of this project
given the time sensitivity associated with the completion of this work.
The Tender Opening Committee, in the presence of the City Clerk, Dean lorfida, opened
tenders on Wednesday, April 16, 2008 at 1:30 p.m. for the above noted contract.
Tender documents were picked up bytwenty-five (25) contractors and seven (7) bids were
received.
Listed below is a summary of the totaled tender prices, excluding GST, received from the
contractors.
Contractor C~ Tender Price Corrected
1. Gibbons Contracting Stevensville, ON $5,283,938.65 $5,283,983.65
2. Alfidome Construction Niagara Falls, ON $5,718,251.17 ti
3. Peters Excavating Inc. Fort Erie, ON $5,746,483.00
4. Nexterra Substructures fnc. Niagara Falls, ON $5,816,162.92
5. Rankin Construction St. Catharines, ON $5,977,587.50
6. Norjohn Contracting & Paving Niagara Falls, ON $6,445,576.47 $6,454,578.47
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7. DeRose Bros. Contracting Aflanburg, ON $6,670,662.13 $6,670,672.17
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Municipal Works
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May 5, 2008 - 2 - MW-2008-22
The lowesttenderwas received from Gibbons Contracting in the amount of $5,283,983.65. ,
This contractor has previously performed similar type projects for the City. Staff is of the
opinion that this contractor is capable of successfully undertaking this project.
The engineer's estimate for this contract is $7,125,000.00
Project Costs:
2007 Eng./Design Costs $ 330,067.00
2008 Eng./Design Costs $ 40,900.00
Land Acquisition $ 290,000.00
Construction Contract $5,283,985.00 (to be awarded)
Total Costs $5,944,952.00
Project Funding:
a) Capital Holding
2007 Water $ 4,095.00
2008 Water $ 980,900.00
2008 Storm $ 45,600.00
2008 Sewer $ 369,120.00
b) Development Charges
(currently in Reserve Account)
Roads & Sidewalks $1 ,900,000.00 (DC-NT-SW7, DC-NT-SW9, DC-NT-R10, DC-NT-R12)
Storm Sewers $ 993,012.00 (DC-NT-D8, DC-NT-D10)
c) 2008 Municipal Road & Bridge
Infrastructure Program
Provincial Grant $1,495,000.00
d) Utility Cost Sharing
Niagara Falls Hydro $ 157,225.00
Total Funding $5,944,952.00
All sources of funding have been confirmed as being available as of the date of this report.
This project is scheduled to commence construction June 2, 2008 and work is to be
completed within the 176 working day schedule. An incentive/disincentive clause has been
included in this tender of $2,000.00 per calendar day to a maximum of $40,000.00 in an
effort to get the Kalar Road construction from McGarry Drive to Rideau Street, completed
prior to the start of the school year, September 1, 2008.
May 5, 2008 - 3 - MW-2008-22
• Staff has revisited the financing ,for this project and have eliminated the need to use
debentures as reported in MW-2008-08. Given the tight schedule and excellent tender
price, it is staff's recommendation to award this contract and proceed with construction
despite not having the final approval of the 2008 Capit Works Budget.
Recommended by:
Geoff Holm n,~Dire for of Municipal Works
Approve by:
Ed Dujlovic, Exe tive Director of Community Services
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Respectfully submitted.
Joh acDonald, Chief Administrative Officer
Attach:
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His Worship Mayor Ted Saici
and Members of the Municipal Council Thy r~~~:~~nd~~ic~~~~~
City of Niagara Falls, Ontario th~~ report ~v~r~
~d~pt~d ~y City Co~~~~l
Members,
Re: 111I1rV-24o8-d8
Ka~ar Road Reconstruction Project
Tender and Construction Update
RECOMMENDATION:
1. That Council authorizes staff to proceed with the tendering of the Kalar Road
Reconstruction Pr~ojec#, and,
2. That Council approves the inclusion of a bonuslpenalty clause in the tender
document to ensure completion of this project by September T, 2008.
BACKGROUND:
-This project involves the improvement of Kafar Road from McLeod Road to Rideau Street
including the replacement of the existing watermain and construction of a new storm sewer
for the entire length. The Environmental Assessment (EA}process was completed in 2044
with the design of the preferred option commencing in 2006.
The EA process identified road widening requirements necessarytoconstruct the roadway
to City standards. These properties have now been acquired. The design process involved
obtaining permits from the MOE and NPCA, land acquisition for necessary road widening,
ca~ordinatin~g utilify relocation which will result in widening the current two lane roadway to
a four-lane road configuration with appropriate left turn lanes and traffic signalization at the
intersections of Kalar Road and McLeod Road, Coventry Road and Kalar Road and Kalar
Road and Rideau StreetlForestview Boulevard.
Extensive public and agency consultation took place throughout the Environmental
.Assessment and design process. An additional Public Information Center was held in July
2C}Q7 at the Kate S. Durdan/Laretto Catholic School in an effort to engage public
participation. Staff received positive response to the projec#. One of the key concerns
brought forward by the District:~S,~~hdol Board of Niagara involved a potential conflict with
the timing of their new schoo.l_;~F~orestview Public School (opening in September 2008} and
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It was initially anticipated that the project would commence in early January 2008 in order
to be completed by September 2008 as the construction is expected to take eight to nine
months to complete. Due to budget deliberations which wil[ likely result in the final budget
being approved in April, the construction is not likely to begin until May. This would require
the construction schedule to be compressed in order to meet the September completion
time line. There has been precedence set in past projects whereby a bonuslpenalty clause
is included in the tender giving the contractor the incentive to complete the project by a
specified date rather than by a prescribed number of working days.
Due to the safety concerns raised by the District School Board of Niagara, the preferred
option would be far these works to be completed prior #o the official opening of Forestview
Public School in September 2008, which would require the tendering process to begin this
month.
Staff recognizes that this project has implications on this year's budget and represents an
investment of approximately $7. ~ million. 1Ne further acknowledge that up to $2.5 million
of this cast is to be funded from debentures. The priority status of this project is expected
to be considered by Council during the budget deliberations. Adoption of this staff
recommendation does not commit the expenditure of any funds.
Recommended by:
Geoff Hof an, Director of Municipal Works
Approved by:
Ed Dujlovic, Executive Director of Community Services
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Respectfully submitted:
J ri MacDonald, Chief Administrati e Officer