City of Kingston Report to Heritage Kingston Report Number HK-18-051

To: Chair and Members of Heritage Kingston From: Lanie Hurdle, Commissioner, Community Services Resource Staff: Paige Agnew, Director, Planning, Building & Licensing Services Date of Meeting: July 18, 2018 Subject: Application for Heritage Permit Address: 5 Court Street (P18-109) File Number: P18-064-2018

Executive Summary:

The subject property at 5 Court Street is located on the north side of Court Street, between West and Barrie Streets. It is a City of Kingston owned property, known as the Frontenac County Court House. The subject property is included in the Old Sydenham Heritage Conservation District (HCD), designated pursuant to Part V of the Heritage Act. It is also designated under Part IV and is subject to a Heritage Easement Agreement pursuant to Part II of the Act. The Frontenac County Court House is a National Historic Site of Canada.

An application for alteration under Section 42 of the Ontario Heritage Act (File Number P18-064- 2018) has been submitted to gain approval to repair and restore the 1903 Kirkpatrick Fountain, designed by local architect, Joseph Power. The proposed multi-year plan includes repairing and restoring many of the existing features of the fountain that are now leaking or rusted, replicating missing or overly deteriorated elements, and replacing/repairing the mechanical components in order to allow the fountain to function as it was intended.

A detailed condition assessment and restoration plan was prepared by Taylor Hazell Architects, A.W. Hooker Surveyors, D. Downey Engineering, Jet Welding & Ornamental Iron Works, RJC Engineers and André Scheinman, Heritage Consultant, and submitted as part of this application.

This application was deemed complete on June 18, 2018. The Ontario Heritage Act provides a maximum of 90 days for Council to render a decision on an application to alter a heritage building under Section 42(4). This timeframe will expire on September 16, 2018.

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Upon review of all the submitted materials, as well as applicable policies and legislation, staff have no concerns with the proposed scope of work, subject to the conditions outlined herein.

Recommendation:

That Heritage Kingston supports Council’s approval of the following:

That alterations to the property at 5 Court Street be approved in accordance with the details described in the application (File Number P18-064-2018), which was deemed complete on June 18, 2018, with said alterations to include: disassembling, repairing and restoring many of the existing features of the Kirkpatrick Fountain; replicating missing or overly deteriorated elements; and replacing/repairing the mechanical components; and

That notwithstanding Part VII, Section 23(i) of By-Law Number 2013-141, as amended, this approval shall remain in effect for six (6) years subject to periodic inspections by the City per Section 23(f) of the noted by-law; and

That the approval of the alterations be subject to the following conditions:

1. All masonry works shall be completed in accordance with the City’s Policy on Masonry Restoration on Heritage Buildings; 2. Any necessary replica features shall be designed as to accurately recreate the existing details using similar/compatible materials, so as to appear original to the fountain; and 3. No storage of equipment or materials shall occur within 1.5 meters of the edge of the canopy of any existing trees.

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Authorizing Signatures:

Lanie Hurdle, Commissioner, Community Services

Gerard Hunt, Chief Administrative Officer

Consultation with the following Members of the Corporate Management Team:

Jim Keech, President & CEO, Utilities Kingston Not required Desirée Kennedy, Chief Financial Officer & City Treasurer Not required Denis Leger, Commissioner, Corporate & Emergency Services Not required

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Options/Discussion:

Description of Application The subject property at 5 Court Street is located on the north side of Court Street, and covers the entire south half of the block between West and Barrie Streets (Exhibit A – Context Map). It is a City of Kingston owned property, known as the Frontenac County Court House. The subject property includes the landmark and nationally recognized 1855-1858 limestone courthouse building, a number of mature trees, and the 1903 Sir George Airey Kirkpatrick Memorial Fountain. The adjacent, but associated, heritage buildings, namely the 1875 Registry Office and 1857 Jailor’s House, appear to be located on separate parcels at 1 Court Street and 150 West Street, respectively. The subject application is with respect to the Kirkpatrick Fountain only, which is in an advanced state of deterioration and is structurally a safety concern.

An application for alteration under Section 42 of the Ontario Heritage Act (File Number P18-064- 2018) has been submitted to gain approval to repair and restore the 1903 Kirkpatrick Fountain, designed by well-known local architect, Joseph Power. The proposed multi-year plan includes: cataloguing, disassembling, repairing and restoring many of the existing features of the fountain that are now leaking or rusted; replicating missing or overly deteriorated elements; replacing the mechanical “waterworks” system; and reassembling the fountain in order to allow it to function as it was intended. The original paint colours of the fountain have been identified and will be replicated and reapplied. The two lion statues (one zinc and one concrete) and the bronze Nymph statue appear to be in relatively good condition and will require little work to restore. Similarly, the concrete basin and granite surround appear to be in good condition, but will require repointing.

According to the application, the proposed works could take up to six (6) years to complete.

A detailed condition assessment and restoration plan was prepared by Taylor Hazell Architects, A.W. Hooker Surveyors, D. Downey Engineering, Jet Welding & Ornamental Iron Works, RJC Engineers, and André Scheinman, Heritage Consultant, and submitted as part of this application (Exhibit B – Concept Plans).

All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using “Look-up a Specific Address”. If there are multiple addresses, search one address at a time. Submission materials may also be found by searching the file number.

This application was deemed complete on June 18, 2018. The Ontario Heritage Act provides a maximum of 90 days for Council to render a decision on an application to alter a heritage building under Section 42(4). This timeframe will expire on September 16, 2018.

Cultural Heritage Value The subject property is included in the Old Sydenham HCD, designated pursuant to Part V of the Ontario Heritage Act in 2015. It was also designated under Part IV of the Act through By- Law Numbers 8497 and 8892 in 1976. The Frontenac County Court House was recognized as a National Historic Site of Canada in 1980. While not noted as integral to the understanding of the

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Page 5 of 7 site’s national cultural heritage significance, the Kirkpatrick Fountain is noted as part of the landscape features that support the visual character of the site.

The Court House is subject to a Heritage Easement Agreement with the Ontario Heritage Trust, pursuant to Part II of the Act. The Trust has confirmed that the fountain is not included in the easement agreement and therefore approval from the Trust is not required for the proposed alteration.

The Property Inventory Evaluation for the Old Sydenham Heritage Area HCD Plan rates this property, and specifically the Kirkpatrick Fountain, as “significant” to the District. The Inventory includes the following summary:

“There are two tiers of round basins over a base guarded by a pair of seated lions surrounded by an octagonal basin and, at the fountain’s top, the statue of a classical female holding an urn and sporting a shell necklace with bulrushes at her feet.”

The description of the value of this property as outlined in the Inventory is attached as Exhibit C.

Cultural Heritage Analysis The subject property is located within the “City Park and Environs Sub-Area” as defined in the Old Sydenham Heritage Area HCD Plan. The list of heritage attributes in the HCD Plan (section 2.2) and those of the sub-area (section 2.3.4) include “the presence of landmark civic properties … dominating the skyline” and the “memorial fountain and other memorials within the landscaped forecourt of the court house”. This structure is a key part of this landmark property, making it a culturally important part of the District.

Parks Canada’s Standards and Guidelines for the Conservation of Historic Places in Canada, Standard 8 directs property owners to:

“maintain character-defining elements on an ongoing basis. Repair character-defining elements by reinforcing their materials using recognized conservation methods. Replace in kind any extensively deteriorated or missing parts of character-defining elements…”

The Kirkpatrick Fountain has been repaired over the years, including the replacement of the original zinc water nymph statue with a bronze version in 1997, and the replacement of the east- facing zinc lion with a concrete replica in 2002. While not a recognized attribute of the National Historic Site commemoration, this structure is a key part of the setting and contributes to the landmark status of this property in the HCD.

The applicants have provided a detailed assessment of the current condition of the fountain, a plan for repairing and restoring the structure, and a heritage assessment by heritage preservation consultant, André Scheinman (Exhibit B). The proposed works to repair the metal, masonry and mechanical portions of this structure will improve its longevity and allow the fountain to once again function as it was intended. Staff supports the proposed work as it will conserve this City-owned heritage asset and prominent element of this nationally significant court house property for years to come.

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As this initiative will require a number of years to complete, staff have included a recommendation that an exception be made to Part VII Section 23(i) of the Procedural By-Law for Heritage, in order to extend the three year permit validity period (in accordance with Section 23(f)) to enable the works to be undertaken over a period of up to six years.

All of the cleaning/repointing/masonry works shall be completed in conformity to the City’s Masonry Policy. Also care should be taken to ensure any necessary replica features be designed as to accurately recreate the existing details, using similar and compatible materials, so as to appear original to the fountain.

Upon review of all of the submitted materials, as well as applicable policies and legislation, staff have no concerns with the proposed applications, subject to the conditions outlined herein.

Previous Approvals P18-109-116-2010EA Replacing security camera

P18-109-062-2011DA Repainting windows

Comments from Departments and Agencies The following internal department has commented on this application:

Forestry: No storage of equipment or materials shall be permitted within 1.5 metres of the edge of the canopy of any existing trees. It is recommended that protection fencing be erected so that no encroachment occurs.

Consultation with Heritage Kingston Heritage Kingston was consulted on this application through the DASH system. The Committee’s comments have been compiled and attached as Exhibit D - Consolidated Comments from Heritage Kingston Members. No concerns were expressed by responding members.

Conclusion Staff recommend approval of the application (File Number P18-064-2018), subject to the conditions outlined herein, as there are no objections from a built heritage perspective, and no concerns have been raised by internal departments.

Existing Policy/By-Law:

Standards and Guidelines for the Conservation of Historic Places in Canada (Parks Canada)

Ontario Heritage Act, R.S.O. 1990, C.O. 18 (Province of Ontario)

Old Sydenham Heritage Area Heritage Conservation District Plan

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Notice Provisions:

Pursuant to Section 42(3) of the Ontario Heritage Act (OHA), notice of receipt of a complete application has been served on the applicant.

Accessibility Considerations:

Not applicable

Financial Considerations:

Not applicable

Contacts:

Paige Agnew, Director, Planning, Building & Licensing Services 613-546-4291 extension 3252

Laura MacCormick, Deputy Director, Planning Division 613-546-4291 extension 3223

Greg Newman, Manager, Policy Planning 613-546-4291 extension 3289

Ryan Leary, Senior Planner, Heritage 613-546-4291 extension 3233

Other City of Kingston Staff Consulted:

The application was circulated internally for review and all comments have been incorporated.

Exhibits Attached:

Exhibit A Context Map and Photographs

Exhibit B Concept Plans

Exhibit C Designating By-Law and Property Inventory Evaluation

Exhibit D Consolidated Comments from Heritage Kingston Members

Exhibit E Final Comments from Heritage Kingston

99 Contextual Map Exhibit A

Subject Property

100 Exhibit A

Kirkpatrick Fountain

101 Exhibit A

Kirkpatrick Fountain – front and rear views 102 Exhibit B

Frontenac County Courthouse Kirkpatrick Fountain - Conditions Summary

FOR CITY OF KINGSTON OCTOBER 2017 | THA PROJECT NO. 1715

Taylor Hazell Architects Ltd. 333 Adelaide Street West 5th Floor , Ontario M5V 1R5 contact Charles Hazell [email protected] tel 416 862 2694 x222 fax 416 862 8401

FINAL

103 Exhibit B

Frontenac County Courthouse Kirkpatrick Fountain - Conditions Summary

FOR CITY OF KINGSTON OCTOBER 2017 | THA PROJECT NO. 1715

TABLE OF CONTENTS

p. 1 1.0 SUMMARY p. 2 2.0 INTRODUCTION p. 2 3.0 CURRENT CONDITIONS & RECOMMENDATIONS 3.1 Description 3.2 Condition 3.3 Recommendations p. 5 4.0 COSTS p. 6 5.0 FIGURES p. 19 6.0 DRAWINGS

APPENDICES

APPENDIX A: KIRKPATRICK MEMORIAL FOUNTAIN RESTORATION, CLASS D ESTIMATE (REV. 1), A.W. HOOKER, JULY 2017

APPENDIX B: REPORT ON THE MECHANICAL AND ELECTRICAL SYSTEMS SERVING THE FOUNTAIN, DAVID DOWNEY ENGINEERING LTD., JUNE 2017

APPENDIX C: FRONTENAC COURTHOUSE - KIRKPATRICK FOUNTAIN, JET WELDING & ORNAMENTAL IRON WORKS, JUNE 2017

APPENDIX D: FRONTENAC COUNTY COURTHOUSE BUILDING STRUCTURAL CONDITION ASSESSMENT, KIRKPATRICK FOUNTAIN, RJC ENGINEERS, JULY 2017

APPENDIX E: THE KIRKPATRICK FOUNTAIN, ANDRE SCHEINMAN HERITAGE PRESERVATION CONSULTANT, JUNE 2017

104 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Summary

The purpose of this condition summary report is to provide architectural and engineering and related services to the City of Kingston to complete the assessment of the foundation, basin and waterworks of the Kirkpatrick Memorial Fountain; and to determine an appropriate programme for conservation and restoration action by the City.

The THA report and actions include the following:

 Condition assessment of the fountain and foundations.  Identification of public health and safety issue and identification of loss of heritage building fabric.  Report outlining findings and recommendations for conservation / restoration.  Timeframe for the work.  Relevant permit requirements.  Probable costs. The condition site visit was conducted over the course of two days on May 16th and 17th. It included a detailed review from the ground and a lift as well as selective dismantling. Access was provided to the exterior mechanical pit and the fountain service room in the Frontenac County Courthouse basement as well as the storage facility for fountain parts. All aspects of the fountain were reviewed. Dismantled and detached decorative cast iron that were not possible to be reattached are currently stored on site.

The consultant team included:

 Prime consultant, Taylor Hazell Architects Ltd.: architects and building conservation specialists  André Scheinman: research and materials conservation specialist  Read Jones Christofferson (RJC) Engineers: structural engineers  David W. Downey Engineering Ltd.: mechanical and electrical engineering  Jet Welding and Ornamental Iron Works: metal and finishing conservation company  A.W. Hooker: cost consultant Recommendations (in order of priority) take into account considerations such as:

 Public health and safety.  Loss of historic fabric.  Expectations regarding an expected standard of care for a prominent and actively used historic place.

105 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Introduction

The Kirkpatrick Fountain forms part of the contextual heritage value of the Courthouse as described in the 1980 National Historic Site and Monuments designation statement therefore its condition is of interest to the Ontario Heritage Trust as this relates to their easement agreement.

The Kirkpatrick Fountain has been a much loved and highly valued part Kingston social and cultural life for over a century. It is a most public landmark delighting all who see and experienced it, from residents to the many and varied visitors who have enjoyed it as a focal point of the Victoria Park pleasure gardens to those who come and go from the courthouse which forms its impressive and unmistakable backdrop.

Fountains are distinguished structures because, while their purpose is to give pleasure, behind appearance they are in fact water works and to function year after year they require daily maintenance and seasonal routines. In 1958, the Kirkpatrick Fountain went through a major refurbishment and was rededicated. Fifty years on it is time to rise to the occasion and once more undertake a major refurbishment of the Kirkpatrick Fountain. The purpose of this report is to conduct a detailed review of the Kirkpatrick Fountain, describe its condition, identify safety concerns, make recommendations of short term stabilization measures, and to develop a Class D estimate of costs to undertake the restoration and conservation work.

Current Conditions and Recommendations

3.1 DESCRIPTION

The Kirkpatrick Fountain is multi-tiered structure consisting of a large basin at grade surrounded by a granite border. The fountain rises up from the centre. It is composed of a plinth or base, a rectangular structure surmounted by two lions on either side and a column from which are positioned a large lower bowl, a smaller bowl above that and a bronze sculpture depicting a water nymph amongst bulrushes. Water cascades out of jets set into the mouths of the lions, around and into the basins up to the nymph where it jets out and around her and from the vase she holds. The fountain is painted gold and green and cream, and covered with allegorical figures. The fountain stands 9.3 metres tall and its octagonal basin is almost 7 metres in width.

The mechanical system behind this is a simple and ingenious system of pipes, a manifold and pumps and electrical works. Together it forms a continuous circulating loop that begins at the fountain, goes to the pump chamber and ends at the Courthouse.

It is the nature of the fountain design and construction that during operation, and otherwise, that it is drenched in water and the interior is wet.

106 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

The Fountain structure is a robust steel mast assembled out of sections onto which the decorative cast iron bowls and bronze sculpture are mounted and secured. Decorative cast iron panels are attached to the steel mast. Decorative cast ornamental features are screwed onto the cast iron panels.

The lions were made of zinc to resist corrosion. One lion has been replaced with concrete following its loss to vandals/pranksters.

The construction and detail of the fountain is robust and impressive. Zinc is resistant to corrosion as is cast iron if maintained under normal conditions.

The work included dismantling of some of the cast iron components to understand the structure, the connections between the cast iron plates and ornaments and the water works. The diagram on page 6 has been developed to provide a simple description of how the fountain functions, its condition and the condensation cycle that traps water, distributes it inside the fountain and creates conditions which have led to its present condition.

3.2 CONDITION

The fountain can be best understood as component parts that fit together and interact. In the course of its recent history it has fallen into disrepair, been vandalized and repaired. It is now a derelict structure, many of the components are loose, some are missing, and others will fall off in time. Photographs of the conditions described are included in section 5.0 of this report.

3.2.1 Structure

The primary structural issue include the following:

 Rusted screws that no longer secure the plates or ornaments together.  Punching shear through the top plate of the base.  Severe corrosion of the screw jacks inside the base to the underside of the failed top plate.  Split cast iron connections from rust at the screw points.  Severe corrosion and shelling to the underside of horizontal plates and surfaces where condensation occurs.  Oxide jacking between top and bottom plates and between lower basin panels.  Severe oxide below the upper basin causing tilting of the basin and sculpture and instability in the assembly. In the course of the review many of the cast iron panels and ornaments were plucked off by hand or removed with little effort. All of them presented dangerous conditions to the pubic given the fountain is open to the public and would cause injury in the event that someone would attempt to climb it. In summary any one of these issues would on their own be considered a significant structural or envelope concern. The combination of all of these items raises issue of public safety, loss of heritage fabric and underscores the need for a step-by-step approach that will ensure the restoration, conservation and activation of one of Kingston’s most unique and prominent landmarks.

Several panels were replacement parts from recent restoration work. All of the cast iron was corroded though most of it, even parts that were cracked retained much of their mass and could be restored using conventional restoration methods.

107 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

The poor condition of the Kirkpatrick Fountain assembly precludes a quick fix. It is beyond simple repair. In order to address these issues and arrive at a long term (50-plus years lifecycle) the fountain will need to be catalogued, disassembled, restored and reassembled. All rust must be removed from the cast iron and steel, new parts manufactured, new more durable coatings applied and improved connections made.

3.2.2 Coating

The interior of the fountain has not been coated. The exterior of the fountain has been repainted multiple times. Original paint colours were identified. Significantly improved coating systems are now available that will ensure long lifecycles. (Refer to Appendix C: Jet Welding Report).

3.2.3 Cladding, Ornamental Work and Connections

The cladding and ornament secured to it are made from cast iron and secured to the steel column and cast iron using steel screws. The screws have rusted and in some conditions have disintegrated. Cracked and split conditions were identified in multiple locations. These conditions were unsafe in which case they were removed and put into storage.

3.2.4 Sculpture

The bronze Nymph is in excellent condition and will respond well to conservation. The tilt to it is caused by rust jacking at the plate connection between the basin and the steel column. There were two lions; the remaining lion is made of zinc and is hollow. This allows the lion to be in wet conditions and for a water jet to be installed through the lion and out of its mouth. The zinc lion is in good condition and can be put back into service. The concrete reproduction lion was not fabricated with a route for a water spout. It is likely that this can be cored out.

One of the lions was stolen as a prank, but it can be reproduced. Having it made in China at a foundry and shipped to the site might be the most economical way to have it reproduced. Before searching too far, we recommend that the City consider making enquiries via social media and through the University noting its importance and that the city would like to have it returned, no questions asked.

3.2.5 Concrete Basin and Granite Surround

The concrete basin and granite surround appear to be well-built and have not been affected by frost heave or settlement. Construction joints are in good condition and can be cut out and repaired. The coating can be restored with an elastomeric and the surround repointed.

3.2.6 Water Works

The waterworks system, consisting of pumps manifold, controls distribution system, etc., will have to be replaced.

108 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

3.3 RECOMMENDATIONS

Phase 1

Surround and post the fountain with security fencing.

Catalogue, disassemble and store the cast iron panels and ornaments. Relocate the lions.

Phase 2

Prepare a phased restoration and recommissioning plan for the Kirkpatrick Fountain.

Phase 3

Prepare contract documents, tender, restore, commission, enjoy!

3.3.1 Timeline

Phase 1

Initiate immediately.

Phase 2

2017-18.

Phase 3

2019 to 2025.

1 to 6 year timeframe during which time the project will be Tendered and the restoration and commissioning work will take place.

Costs

The costs are described in the A W Hooker Class D estimate, included as Appendix A.

For a summary of estimated costs, please refer to the attached excerpt ‘Master Estimate Summary’ from A.W. Hooker’s Class D estimate immediately following this section.

109 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

We wish to take this opportunity to thank the City of Kingston for the opportunity to work on this unusual and important structure. It was a pleasure. We trust that the information and direction we have provided to you will enable you to proceed with confidence.

Yours truly,

Charles Hazell

110 Exhibit B

MASTER ESTIMATE SUMMARY KIRKPATRICK MEMORIAL FOUNTAIN RESTORATION CLASS D ESTIMATE JULY 28, 2017

GFA Unit Sub Estimated % of Hard Construction Costs (m2) (Cost/m2) Total Total Total 1 Electrical 97 $39.73 $3,854 1.3% - Service and Distribution $39.73 $3,854 - Lighting, Devices, and Heating $0.00 $0 - Systems and Ancillaries $0.00 $0 2 Site Work 97 $185.54 $17,998 6.2% - Mechanical Site Services $185.54 $17,998 3 Ancillary Work 97 $1,828.87 $177,400 61.4% - Alterations $1,828.87 $177,400 4 Contractor's General Requirements 8.0% 97 $194.85 $18,900 6.5% 5 Contractor's Fees (OH&P) 4.0% 97 $90.00 $8,730 3.0% 6 Design Contingency 13.7% 97 $319.59 $31,000 10.7%

Sub Total (current dollars) 97 $2,659.79 $258,000

7 Escalation Contingency 2.0% 97 $53.61 $5,200 1.8%

Sub Total (including escalation to Q3 2018 ) 97 $2,711.34 $263,000

8 Construction Contingency (post contract) 10.0% 97 $271.13 $26,300 9.1%

Total Estimated Hard Construction Cost 97 $2,979.38 $289,000

Imperial Conversion 1,044 $276.79 Per SF

Unit Estimated % of Estimated Construction Costs (Breakdown by Major Component) GFA m2 Cost/m2 Total Total

1 Building 97 $56.70 $5,500 1.9% 2 Alterations and Demolition 97 $2,654.64 $257,500 89.1% 3 Site Work (including M&E site services) 97 $268.04 $26,000 9.0% 4 Soft Costs 97 $0.00 Excluded 0.0%

Total Estimated Hard and Soft Construction Costs 97 $2,979.38 $289,000

Imperial Conversion 1,044 $276.79 Per SF

111 Exhibit B

Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

1715 Frontenac Fountain Water Flow Diagram (DRAFT) Legend

Water Feature

Evaporation/condensation cycle

2% 2% Corrosion due to Condensation

Discharged water to be redirected

CONSERVATION OF BRONZE SCULPTURE BRONZE SCULPTURE

CORROSION AT PLATES CAUSING ROTATION OF BASIN AND SCULPTURE

DAMAGED HOSES AND NOZZLES

LOOSE AND MISSING DECORATIVE WORK BOWL

TOP OF UNIT 2 PLATE CONNECTION

CORROSION AND LEAKAGE BETWEEN PLATES

MULTIPLE HAZARDS FROM DETACHED BOWL DECORATIVE WORK

TOP OF UNIT 1 PLATE CONNECTION AD HOC DRAINS DISCHARGE ON TO CAST IRON

CHRONIC CORROSION ON ALL COMPONENTS

ZINC SCULPTURE WATER FIGURES DISCONTINUED

PUNCHING SHEAR

ZINC AND CONCRETE CONCRETE LION SCULPTURES REPRODUCTION LION ADDED WATER ENTRY FROM MULTIPLE SOURCES

TOP OF GRANITE BASE

BASIN

CORRODED JACKS AND DAMAGED, SECTION INOPERATIVE MANIFOLD SOUTH ELEVATION

SUPPLY AND DRAIN TO GROUND CHAMBER AND COURTHOUSE 2017.07.06 112 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

1715 Frontenac Fountain Water Flow Diagram (DRAFT) LEGENDLegend

Water Feature

Evaporation/condensation cycle

2% 2% Corrosion due to Condensation

Discharged water to be redirected

CONSERVATION OF BRONZE SCULPTURE BRONZE SCULPTURE

CORROSION AT PLATES CAUSING ROTATION OF BASIN AND SCULPTURE

DAMAGED HOSES AND NOZZLES

LOOSE AND MISSING DECORATIVE WORK BOWL

TOP OF UNIT 2 PLATE CONNECTION

CORROSION AND LEAKAGE BETWEEN PLATES

MULTIPLE HAZARDS FROM DETACHED BOWL DECORATIVE WORK

TOP OF UNIT 1 PLATE CONNECTION AD HOC DRAINS DISCHARGE ON TO CAST IRON

CHRONIC CORROSION ON ALL COMPONENTS

ZINC SCULPTURE WATER FIGURES DISCONTINUED

PUNCHING SHEAR

ZINC AND CONCRETE CONCRETE LION SCULPTURES REPRODUCTION LION ADDED WATER ENTRY FROM MULTIPLE SOURCES

TOP OF GRANITE BASE

BASIN

CORRODED JACKS AND DAMAGED, SECTION INOPERATIVE MANIFOLD SOUTH ELEVATION

SUPPLY AND DRAIN TO GROUND CHAMBER AND COURTHOUSE 2017.07.06

113 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 1 Fountain (THA 2017)

114 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 2 View showing extent of lower basin made up of concrete and granite perimeter. The square areaway with steel cover houses mechanical equipment. No evidence of uplift or settlement was found in this structure (THA 2017).

115 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 3 Fountain (THA 2017)

Fig. 4 Fountain (THA 2017)

116 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 5 Upper basin plate connection. 2 centimetre rust build up on one side causes basin and bronze to tilt 8 centimetres at the top (THA 2017).

117 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 6 Refined bronze details of sculpture. Water jet is within the tilted urn (THA 2017).

118 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 7 Series showing screws rusted out and large cast iron decorative element detaches from shaft (THA 2017).

Fig. 8 Fountain (THA 2017)

119 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 9 Series showing typical exposed and rusted ornament around lower basin. This segment was plucked from the rim (THA 2017).

120 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 10 Lower basin. Typical exampler of exposed cast iron and advanced corrosion at plate details (THA 2017).

121 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 11 Detail showing rusted section in relation to the grey cast metal that was holding the ornament in place (THA 2017).

Fig. 12 Typcial example of split cast iron immediately below the lower basin (THA 2017).

122 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 13 Example of severe corrosion within the base of the fountain structure (THA 2017).

123 Exhibit B Frontenac County Courthouse Kirkpatrick Fountain - Condition Summary | Final | October 2017 | THA#1715

Fig. 14 View of cast iron plate assembly. Lions are concrete reproduction (left ) and zinc (right). Water saturates the cast iron cladding and is trapped inside the assembly causing severe corrosion. The middle horizontal plate has collapsed under the weight of the pedestal. Screw jacks that were introducted have now corroded as well and show signs of failure (THA 2017).

Fig. 15 Detail of plate assembly and horizontal plate and effect of punching shear from the pedestal (THA 2017).

124 Exhibit B

FOUNTAIN PLAN 1715 SCALE: 1:50 SCALE: 1:50 DATE: 2017.05.12 CITY OF KINGSTON - FRONTENAC COUNTY COURTHOUSE TAYLOR l HAZELL ARCHITECTS LTD. 0m 1m 2m 3m 4m 5m A100 125 Exhibit B

FOUNTAIN ELEVATION 1715 SCALE: 1:25 SCALE: 1:25 DATE: 2017.05.12 CITY OF KINGSTON - FRONTENAC COUNTY COURTHOUSE TAYLOR l HAZELL ARCHITECTS LTD. 0mm 500mm 1000mm 1500mm 2000mm 2500mm A101

126 Exhibit B

FOUNTAIN SECTION DIAGRAM 1715 SCALE: 1:25 SCALE: 1:25 DATE: 2017.05.12 CITY OF KINGSTON - FRONTENAC COUNTY COURTHOUSE TAYLOR l HAZELL ARCHITECTS LTD. 0mm 500mm 1000mm 1500mm 2000mm 2500mm A102

127 Exhibit B

4 NORTH 3 WEST A103 1:50 A103 1:50

2 SOUTH 1 EAST A103 1:50 A103 1:50

FOUNTAIN BASE ELEVATIONS 1715 SCALE: 1:50 SCALE: 1:50 DATE: 2017.05.12 CITY OF KINGSTON - FRONTENAC COUNTY COURTHOUSE TAYLOR l HAZELL ARCHITECTS LTD. 0m 1m 2m 3m 4m 5m A103 128 Exhibit B

2 PLAN 1 RCP A104 1:25 A104 1:25

FOUNTAIN LOWER DISH 1715 SCALE: 1:25 SCALE: 1:25 DATE: 2017.05.12 CITY OF KINGSTON - FRONTENAC COUNTY COURTHOUSE TAYLOR l HAZELL ARCHITECTS LTD. 0mm 500mm 1000mm 1500mm 2000mm 2500mm A104

129 Exhibit B

2 PLAN 1 RCP A105 1:25 A105 1:25

FOUNTAIN UPPER DISH 1715 SCALE: 1:25 SCALE: 1:25 DATE: 2017.05.12 CITY OF KINGSTON - FRONTENAC COUNTY COURTHOUSE TAYLOR l HAZELL ARCHITECTS LTD. 0mm 500mm 1000mm 1500mm 2000mm 2500mm A105

130 Exhibit B

Appendix E: The Kirkpatrick Fountain, Andre Scheinman Heritage Preservation Consultant, June 2017

131 Exhibit B

June 7, 2017.

Charles Hazell Principal THA (sent by email)

Dear Charles:

Re: FCC The Kirkpatrick Fountain

Please find below my observations and recommendations concerning the above. As the Team was well represented on site I have attempted to focus on specific issues.

Fountain

The Kirkpatrick Fountain has been an important element of the cultural heritage landscape of the Frontenac County courthouse and City Park since its construction in 1903. Designed by Joseph Power as a memorial to the politician Sir George A. Kirkpatrick it is actually, in many respects, an adaption of the Diamond Jubilee Fountain, Halifax, designed by J.W. Fiske and Sons in commemoration of Queen Victoria’s Diamond Jubilee in 1897. The water nymph/bullrushes statue is identical and the treatment of the basins and pool, gargoyle spouts and base, very similar. In 1997, as part of a program of extensive repairs the original zinc nymph statue was moved to the interior of the courthouse and replaced by the existing bronze nymph made by Gananoque based sculptor John Boxtel. An original zinc lion was lost to vandals/pranksters and has been replaced in concrete.

While there have been a number of ‘band-aid’ type repairs to keep the fountain running and its general appearance acceptable it is now in need of a comprehensive restoration program addressing the mechanical system, the serious corrosion of the basic iron support and the damage and corrosion of the cast iron surface panels and decorative elements.

With regard to the restoration of the cast iron elements the process will involve:

 Documentation;  Dismantling and labeling to the documentation code;  Removal and/or passivation of corrosion;

1

132 Exhibit B  In the case of removal immediate application of rust inhibitive primer to bare metal prior to flash rusting;  Repair of cracked elements where deemed possible by welding with a high nickel content welding rod such as Chemtron 99.  Replication of seriously damaged elements using existing sound elements as model for traditional sand cast moulds. (This should actually follow a search for any of the elements in surviving inventories of decorative cast iron.)  Re-assembly utilizing stainless steel fasteners.

The Diamond Jubilee Fountain was restored in 2012 and there may be useful lessons learned which can be applied to the Kirkpatrick Fountain, its virtual twin.

I trust this is the information that you require for the moment. Please don’t hesitate to contact me with any questions and/or if further information is required.

Sincerely, André Scheinman

350 Wellington Street, Suite 305, Kingston, Ontario K7K 7J7 e-mail: [email protected] tel: 613-546-1121

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133 Exhibit C

134 Exhibit C

135 Exhibit C

136 Exhibit C

137 Exhibit C

138 Exhibit C

THE FRONTENAC COUNTY COURTHOUSE COMPLEX NATIONAL HISTORIC SITE

1. COUNTY COURTHOUSE (A)

2. CARTWRIGHT FOUNTAIN (B)

3. REGISTRY OFFICE (C)

4. JAILOR’S HOUSE (D)

D D C A A x B

Brosius, 1875

A

C

Meacham Atlas, 1878

Old Sydenham Heritage Area Conservation District (2014)

139 Exhibit C

COUNTY COURTHOUSE 21 COURT STREET

Built: 1855-58

Architect: Edward Horsey & Son

Rating: S (Part IV) Easement: OHT - 1989

Alterations: Dome rebuilt in 1875 by J.McK. Power & Son; Rating: S

A new site was selected in 1853 for a new building, designed in 1855 by Horsey & Son, as a replacement for the old downtown Midland District Court House.* The new location was on an elevated piece of land overlooking open ground, in the early stages of being landscaped for a city park (and once under consideration as the site of a proposed parliament building when Kingston was the capital of the United Canadas in 1841-44) and, in the far distance, Lake Ontario.

The winner of an architectural competition for the new court house, jail (demolished 1973) and jailor’s house (see 150 West Street) was Horsey & Son (Edward Horsey and his son Henry). One of the firm’s architectural drawings for the project has survived in the Queen’s University Archives.† The cornerstone (on the lower northeast corner and simply inscribed “1855”) was laid 24 October 1855. Court Street was opened in late 1856. The court house was in use in 1858 for the administration and judicial system of the United Counties of Frontenac, Lennox & Addington (until 1864 and then for Frontenac County until 1998, when the city of Kingston took over ownership; it functions today as a provincial court house).

On 24 March 1875, fire broke out destroying the interior detailing and Horsey’s original semi- hemispherical, tin over wood, dome. The architectural firm of Power & Son (John Power and his son Joseph) were awarded the commission to design a replacement dome and a new, separate registry office. The new dome (restored in recent years) is elevated on a drum of arched windows placed between Corinthian engaged columns supporting a pronounced cornice, semi- hemispherical dome, which is topped by a round cupola with windows. This is an outer dome sheltering a much shallower inner dome, its underside visible from the interior of the second-

* Jennifer McKendry, “The Frontenac County Court House National Historic Site: an Architectural History” for Bray Heritage and the City of Kingston, Sept. 2010. † The signed and dated plan for the ground floor, Gage Drawings 35 - X, QUA.

Old Sydenham Heritage Area Conservation District (2014)

140 Exhibit C

floor. Horsey’s stone walls and grand Ionic portico survived the fire. Unfortunately, almost all the post-fire interior detailing was destroyed, first in the east wing after a fire of 10 March 1931, and then throughout during a modernization effort in 1964 by Drever & Smith. At that time the east and west exterior entrances were modernized and a stone addition placed against the north wall. In 1921, memorial stained-glass windows, made by N.T. Lyon Company of Toronto, were installed in the centre of the north wall. A memorial free-standing plaque to the county’s dead from the First World War is located on the interior staircase landing, as well as the original zinc statue of a water nymph removed in 1997 from the fountain south of the court house.

In 1986, the Frontenac County Court House was declared a National Historic Site by the federal government.

Old Sydenham Heritage Area Conservation District (2014)

141 Exhibit C

THE KIRKPATRICK FOUNTAIN (FRONTING 21 COURT STREET)

Built: 1903

Architect: Power & Son

Rating: S (Part IV)

Joseph Power of Power & Son (the name continued even though John Power died in 1882) designed the memorial fountain to Sir George A. Kirkpatrick (1841-1899) that was presented to Frontenac County in July 1903.* Kirkpatrick was a lawyer, Conservative politician, and lieutenant-governor of Ontario from 1892 to 1897. Concern over the stability of the fountain and numerous instances of vandalism created the need for ongoing repairs, for example in 1955. In 1996, Inglis & Downey, Architects, were requested to assess the fountain’s condition, and made repairs in 1997. The zinc statue, which graced the top of the multi-tiered fountain, was vandalized J.McK. and replaced by a bronze version made by sculptor John Boxtel in 1997. The original statue is now in the court house. Zinc statuary was particularly popular in the late 19th and early 20th centuries in cemeteries, garden and fountains. An identical statue tops a fountain of 1897 in a Halifax, NS, park (as well, the top basin in Halifax matches the one in Kingston). They could be ordered from American factories and shipped by rail. In 2002, the east-facing seated lion was damaged. Lions were associated with the power of the Roman Empire and the British Empire. Sentiment towards the latter was particularly strong at this time due to the death of Queen Victoria in 1901.

There are two tiers of round basins over a base guarded by a pair of seated lions surrounded by an octagonal basin and, at the fountain’s top, the statue of a classical female holding an urn and sporting a shell necklace with bulrushes at her feet. She likely represents a Greek nymph associated with water, springs or fountains (Egeria was associated with the latter).†

* Jennifer McKendry, “The Frontenac County Court House National Historic Site: an Architectural History” for Bray Heritage and the City of Kingston, Sept. 2010. † Recently the statue’s identification has been given as Demeter but she is more matronly, an earth goddess who holds a sheaf of wheat or cornucopia.

Old Sydenham Heritage Area Conservation District (2014)

142 Exhibit D

Heritage Kingston Summary of Input from the Technical Review Process P18-064-2018

Comments No Comments No Response Heritage Kingston Members Enclosed Provided Received

Chair, Councillor Peter Stroud ☐ ☐ ☒

Councillor Liz Schell ☐ ☐ ☒

Paul Carl ☐ ☐ ☒

Mac Gervan ☐ ☐ ☒

Hailey Smith ☐ ☒ ☐

Catherine Hyett ☐ ☐ ☒

Jane McFarlane ☐ ☐ ☒

Donald Taylor ☒ ☐ ☐

143 Exhibit D

City of Kingston 216 Ontario Street Kingston, Ontario Canada, K7L 2Z3

Website: www.cityofkingston.ca

where history and innovation thrive TTY: Dial 613-546-4889

Date: June 9, 2018 Form: Heritage Kingston Reviewer Form

Donald Taylor Reviewer Name: Application Type: Alteration and/or repair

File Number: P18-064-2018 Property Address: 5 COURT

Description of Proposal:

The subject property, the Frontenac County Courthouse, is a National Historic Site of Canada. It is designated under both Parts IV and V of the Ontario Heritage Act, being located in the Old Sydenham Heritage Conservation District, and is subject to a Heritage Easement Agreement with the Ontario Heritage Trust, under Part II of the Act. The property is owned by the City of Kingston. An application under Section 42 of the Act has been submitted to gain approval to repair and restore the 1903 Kirkpatrick Fountain, designed by local architect, Joseph Power. The proposed multi-year plan includes repairing and restoring many of the existing features of the fountain that are now leaking or rusted; replicating missing or overly deteriorated elements; and replacing / repairing the mechanical components, in order to allow the fountain to function as it was intended. A detailed joint condition assessment and restoration plan was prepared by Taylor Hazell Architects, A.W. Hooker Surveyors, D. Downey Engineering, Jet Welding & Ornamental Iron Works, RJC Engineers, and Andre Scheinman Heritage Consultant (uploaded to DASH).

Comments for Consideration on the Application:

I fully support the City's undertaking to repair the Kirkpatrick Fountain which is a very important Kingston heritage attribute. The report on its condition and plans for its repair are thorough and appropriate. My only comment picks up on Andre Scheinman's note that this fountain is very similar to the Diamond Jubilee Fountain in Halifax. It was restored a few years ago and Halifax officials might be able to give useful advice on the tendering of specialty restoration work.

144 Exhibit E

Summary of Final Comments at July 18, 2018 Heritage Kingston Meeting

[To be added following the meeting.]

145