Additions 2008/12/15 ADDITIONS TO COUNCIL, MONDAY, DECEMBER 15, 2008
Community Services Committee
Please note: Community Services starts at 4:00 p.m., not 5:30 as listed on the agenda.
Sorry for any confusion.
1. Re: R-2008-38 Encroachments and Fencing Patrick Cummings Memorial
Sports Complex
Information Pamphlet on Encroachments from the City of Mississauga
Corporate Services Committee
1. Re: PD-2008-115, Proposed Changes to Planning Application Fees
Letter from Jon Whyte, Niagara Home Builders' Association
2. Re: CD-2008-14, Review of Events and Activities Downtown in 2008
E-mail from Ulrike Gross, Downtown B.I.A. Chair
Council
Reqorts
1. BDD-2008-05, Niagara Convention & Civic Centre Award of Design Build
Contract
Please Note: This report is still DRAFT and conditional upon the successful
proponent providing some further information. This report should be viewed as
confidential at this point in time.
REMIMDER: Upon conclusion of the meeting, Council and Senior Staff will be having our
traditional Christmas dinner at Remingtons.
Once again, Vince has been gracious to host the dinner. You may bring your own wine but
we'd ask that you pay $25 toward gratuity. There will be a cash barfor any other alcoholic
beverages.
Thank you Vince for your generosity.
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Ho~tE
BU(LDERS'
ASSOCIATtON
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December 12, 2008
City of Niagara Falls
P.O. Box 1023
431 Queen Street
Niagara Falls, ON
L2E 6X5
Attention: Councilor Victor Pietrangelo, Chair
And Members of the Corporate Services Committee
Re: PD - 2008 -115
Proposed Changes to Planning Application Fees
Dear Councilor Pietrangelo,
The Niagara Home Builders Association have just become aware of the proposed
increase to the planning and development application fees, and offer these comments
on a very cursory review basis. We feel that more time to review the proposed
increases is necessary, and although the NHBA agrees in principle with your efforts to
seek a more justified cost recovery for the development application processes, we do
have concerns with the full cost recovery fee scheduled as iYs proposed, in particular
the proposed planning application fees.
The NHBA believes that it is unfair to generate a surplus, or "reserve fund to promote
service delivery stabilization during an economic downturn". With no disrespect to the
staff at City Hall, the Niagara Home Builders Association has difficulty subsidizing a
system intent on maintaining jobs at City Hall in an economic downturn. No one wants
to experience job loss, but this protection is not afforded to the private sector, and it
seems unfair that during good economic times purchasers should be subsidizing City
staff for the poor economic times that lie ahead. In addition, what work would municipal
staff be doing if they were all kept on payroll during an economic downturn with no
development applications to process?
Furthermore, as the staff report suggests, at present there is a$424,118 surplus in the
Building Permit Stabilization Special Purpose Reserve. Due to the fact that Bill 124 has
eliminated the municipality's ability to collect through building permit application fees
funds to subsidize planning applications, the NHBA would expect the fees for permit
applications to come down as a result, not increase. With such a substantial reserve in
place, does that not further illustrate that more than adequate funds are being collected
under the current fee schedule for building permit applications?
34 Scott Street W, St. Catharines, ON L2R 7C9
PH: 905-646-6281 FX: 905-646-6274
E: info@niagarahomebuilders.ca W: www.niagarahomebuildersassociation.ca
As the report indicates, the Act specifically requires that fees "must not exceed the
anticipated reasonable costs" of providing the service. The report goes on to say that
because the wording of the Act does not specifically limit municipalities to the costs
directly related to the service, the municipality therefore can include such other indirect
costs as corporate management, finance, "future compliance requirements costs", and
the reserve fund contributions earlier discussed. The Niagara Home Builders
Association has a fundamental concern with this approach. It is important to note that
the Act does not specifically authorize the consideration and incorporation of indirect
costs into this full cost recovery system. Just because the Act doesn't limit the
municipality to what costs it can include, does not therefore mean that the municipality
should collect every possible cost they can.
In addition, the consultants report identifies a possib~e "general benefiY' discount,
whereby general revenues would subsidize the full cost recovery system, however they
do not recommend adoption of this policy. As Council is aware, the housing market is
under the greatest uncertainty it has seen in decades, and a rate increase, although
perceived by the consultant to be minor, is in fact one more burden placed upon a very
burdened industry; an industry which provides thousands of jobs, both directly and
indirectly throughout the City of Niagara Falls. The NHBA therefore strongly
recommends that staff and Council recognize the benefits of a thriving
construction/development industry and consider a subsidy from the general revenues to
lessen the burden of the proposed full cost recovery fee structure. In addition, the NHBA
would recommend that if a fee increase is ultimately supported, that it be postponed
until such time as the market conditions improve.
And lastly, the proposed full cost fees for a rezoning application are shown to be $5,596
for a"standard" application, and $12,165 for a"complex" application, however, no
where in the consultants report is the delineation of this breakdown justified. At who's
discretion is this determination made and how can the NHBA be guaranteed that this is
not a subjective determination on a go forward basis?
For the reasons stated above, the Niagara Home Builders Association has difficulty with
the full cost recovery system as proposed, and respectFully submits to this Council to
defer any decision on this matter and allow for Staff and the NHBA to work through a
suitable compromise that we can all support.
Respectfully,
Niagara Home Builders Association
Per.
G_
Jon Wh e
Gover ment Liaison Committee
34 Scott Street W, St. Catharines, ON L2R 1C9
PH: 905-646-6281 FX: 905-646-6274
E: info@niagarahomebuilders.ca W: www.niagarahomebuildersassociation.ca
(12/1212008) Dean lortida RE~Report on Monday s Corporate Services Agenda LL ~ ~ Page 1~
From: "Gross, Ulrike I" <UGross@ciminelli.com>
To: "Dean lo~da" adiorfida@niagarafalls.ca>
Date: 12/12/2008 4:17 PM
Subject: RE: Report on Monday's Corporate Services Agenda
CC: <mgrun@historicniagara.com>, "Bob Bolibruck" <bbolibruck@niagarafalls.ca...
Thank you for providing a copy of the report Dean. I would like to make just a
couple of comments on the report if I may.
1. I think it is important to note that the BIA also contributed more than
$350,000 to the activities on Queen St. this year. This included $20,000 for
the banners on the street.
2. Celebrate Old Downtown was also able to achieve revenue of close to
$70,000 from the events and cash sponsorship of almost $25,000. This was in
addition to many in kind donations.
3. To the best of my knowledge, not ali of the $172,000 of CIP funds spent
went to the events, a portion went to the downtown workshop. Some may also have
gone to the signage. COD onfy shows $118,800 in CIP money received.
I will be forwarding this document on as appropriate. The fact that a plan and
budget are required for COD has been duly noted. I will also make this known to
the appropriate people.
Kind Regards,
Ulrike
Uirike I. Gross P.Eng. MBA
Managing Director
Ciminelli Real Estate Corporation of Canada
4673 Ontario Ave., Suite 201
Niagara Falis, ON L2E 3R1
j
(
December 15, 2008 BDD-2008-05
l~Tia~ara~alls
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BDD-2008-05
Niagara Convention & Civic Centre
Award of Design Build Contract
RECOMMENDATION:
1. That Council authorize Staff to designate the Bondfield Construction Company
Limited as the preferred proponent for the design and construction of the
Niagara Convention and Civic Centre.
2. That Staff negotiate with the preferred proponent, the Bondfield Construction
Company Limited, to conclude the terms of a contract for the design and
construction of the Niagara Convention and Civic Centre.
3. That, at the conclusion of negotiations, the Mayor and Clerk be authorized to
execute the contract.
BACKGROUND:
Request for Qualifications (RFQ) was issued on June 10, 2008 to pre-qualify Design
Builders which resulted in a short list of Design Builders responding to the Request for
Proposal (RFP).
The RFQ was issued on the City's website as well as the Electronic Tendering Network
(Canada wide advertising network) to ensure the fairness and transparency of the
project.
Request for Qualification Time Line
Event Date
Issue Request for Pre-qualification document June 10, 2008
Public Meeting and Open House June 26, 2008
Close Request fo~RFQ~ ' July 04, 2008
Working Together to Serve Our Con~munity Business Development
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December 15, 2008 - 2- BDD-2008-05
Interview and site visits (if required) July 16, 2008 and July 17, 2008
Notice of Successful Respondents August 11, 2008
Nine respondents submitted on the specified closing date. The following is a list of
_ companies that responded to the RFQ.
• The Atlas Corporation
• Bonfield Construction Company Limited
• Buttcon Limited
• Eastern Construction
• EIIisDon Design Build Inc.
• Giffels Design Build Inc.
• Maple Reinders Group
• Urbacon Limited
• VanBots Construction Corporation
The Project Team consisting of; City Staff, NCCC Inc. representatives, MHPM Project
Managers and Compliance Consultants, set criteria for the evaluation of submissions,
which was divided into two categories:
Category One: Includes the review of prerequisite information such as
Surety Letters, Insurances and Litigation status.
Category Two: Includes specific submission requirements such as
experience with similar projects, qualifications of proposed
teams, and projects references.
The intent of the Project Team, which was made clear to the proponents, was to
evaluate responses based on the above categories detailed in the RFQ, and
culminated with a list of Four (4) Pre-qualified Design-Builders.
The short-listed proponents were:
• Bondfield Construction Company Limited
• Eastern Construction
• EIIisDon Design Build Inc.
• VanBots Construction Corporation
Reauest for Proposal
The project team prepared and issued the RFP that set out all of the projects objectives
to achieve the best project possible.
Request for Proposal Time Line
Event Date
Issued Request for Proposal document September 16, 2008
Confidential conferences with proponents September 26, 2008
December 15, 2008 - 3- BDD-2008-05
Final Addendum to be issued November 7, 2008
RFP close December 01, 2008
Review of submissions December 2- 9, 2008
Recommendation to Council December 15, 2008
Upon submission, of the proposals, the Project Team and the Consultants reviewed the
details of the four (4) proposals. The City allowed the Proponents to present their
proposals ensuring clarity and fairness in the evaluation process as well as maintaining
the best interests of the City.
Based on the Evaluation Criteria listed below, the Project Team evaluated all aspects of
the proposals, including any cost variances within the upset construction cost, and
scored the submissions on the basis of a common score sheet as follows:
• RFQ results
• General (Team, Organization & Coherence, Management Plan, Safety Policy,
Schedule, Earned Value)
• Program Compliance and Design Excellence (Building program, Site Plan,
Architectural, Finishes and Specifications, Structure, Mechanical & Engineering
Systems).
• Sustainability (LEED Certification)
• Price Analysis
• Added Value (Additional program space etc...)
As a result, the Project Team recommends:
1. That Council authorize Staff to designate the Bondfield Construction Company
Limited as the preferred proponent for the design and construction of the
Niagara Convention and Civic Centre.
2. That Staff negotiate with the preferred proponent, the Bondfield Construction
Company Limited, to conclude the terms of a contract for the design and
construction of the Niagara Convention and Civic Centre.
3. That, at the conclusion of negotiations, the Mayor and Clerk be authorized to
execute the contract.
The upset limit for this construction of the Niagara Convention & Civic Centre is $71
million. Funds for the project have been secured from the Provincial and Federal
Government, Falls Management Company and the Falisview & Victoria Ave. BIA's.
Recommended by:
Serge Fe icetti, D' ctor of Business Development
~
Approved by: ~ ~ ~
Ed Dujlovic, Executive Director of Community Services