2001/09/19TWENTY -THIRD MEETING
COMMITTEE -OF- THE -WHOLE
Committee Room #2
September 19, 2001
Council met on Wednesday, September 19, 2001 at 6:00 p.m. in Committee-of-the
Whole. All members of Council, with the exception of Alderman Orr, who was absent,
were present. His Worship Mayor Thomson presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
READ AND ADOPTED,
E. C. WAGG, CITY RK WAY
SPECIAL COUNCIL MEETING
DISCLOSURES OF PECUNIARY INTEREST
Council Chambers
September 19, 2001
Council met on Wednesday, September 19, 2001 at 8:55 p.m. for the purpose of
considering the Acquisition of CN /CP Railway Corridor Report. All members of Council,
with the exception of Alderman Orr, who was absent, were present.
Alderman Volpatti indicated a potential conflict on the following matter because a
member of her family is employed by the Ritz Motel.
Alderman Fisher indicated a conflict of interest because members of her family are
employed and reside in the area of discussion
His Worship Mayor Thomson introduced the City's Chief Administrative Officer, Mr.
Ed Lustig, and Mr. Murray Shapiro, Solicitor with the law firm of Borden Ladner Gervais
who were part of the City's Negotiating Team.
The Chief Administrative Officer reviewed the information with regard to the
acquisition of CN /CP Railway Corridor through the use of slides and provided the following
recommendations:
1. That the City Council approve the execution of Reciprocal Amending Agreement
No. 1;
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2. That the City Council approve the execution of the Sale Agreement, attached as
Appendix 2, following approval by the parties of Reciprocal Amending Agreement
No. 1;
3. That by -laws be passed by City Council to approve and authorize the matters set
out in items (1) and (2) and that the Mayor and Clerk be authorized to execute the
agreements and such other agreements and documents as may be necessary in
the opinion of the City Solicitor to carry out the terms thereof.
The Chief Administrative Officer provided background information on the railway
lands corridor; advised that the City's objectives to acquire the railway lands and remove
the railway line through the downtown and tourist areas of the City had been based on the
following:
1) that the presence of the railway poses significant danger to persons, property and
the unique abutting environment as a result of the possibility of a collision or spill;
2) that the railway causes serious traffic congestion particularly in the tourist area
during the tourist season;
3) that it is in conflict and incompatible with abutting recreational, residential,
environmentally sensitive, commercial and tourism uses and is a real impediment
to economic growth and development and to the City's goal of becoming a "World
Class Destination"
4) that it is in conflict with the City's plan to use this corridor as a Grand Boulevard for
transportation purposes as well as a right of way for a People Mover System.
He advised that a financial commitment of the Ontario Lottery and Gaming
Corporation and the Falls Management Company totalling $22.5 million and becoming
available to the City was to be directed exclusively toward the acquisition of the railway
lands and for no other purposes
The Chief Administrative Officer introduced Mr. Murray Shapiro, who provided an
outline of the Agreements including:
1) the Participation of the Ontario Lottery and Gaming Corporation;
2) the Negotiations between Vendor and Purchaser;
3) The Process, Execution, Due Diligence and Completion and advised that a further
report by the Negotiating Team would be made to the City summarizing the details
of any ancillary agreements yet to be finalized;
4) The Financial Terms in Sale Agreement and Reciprocal Amending Agreement No.
1 Payments to Vendor by Purchaser and Other Payments by Purchaser
(a) Total Payment to Vendor by the Purchaser will be up to approximately
$39,500,000; (b) As between OLGC and the City, OLGC will be responsible for
$22,500,000 and the City will be responsible for whatever the balance may be,
presently approximately $17 million; (c) The amounts payable to the Vendor (i)
acquisition of lands and bridges (as defined in the Sale Agreement, excluding the
International Bridge 0- $23 million; (ii) payment for relocation costs (Capital
Improvement Amount) $12 million; (d) Maintenance (including maintenance,
repair, insurance and security) of International Bridge up to $100,000 per year for
five years, or up to $500,000; (e) demolition of International Bridge up to $4 million
plus CPI obligation to be secured through a Letter of Credit;
5) Payment Terms, Use of Monies and Funding Sources;
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6) Timing Considerations Closing to occur no later than December 14, 2001;
7) Various Sale Provisions (a) As Is Where Is; (b) Running Rights; (c) Fibre Systems
Easement;
8) Due Diligence and other Conditions and Issues Related to Same a)
Environmental Contamination; b) Regulatory Consents; c) Rerouting Arrangements;
d) Title; e) Who gets Title to What?
9) Internal and External Approvals.
His Worship Mayor Thomson expressed his thanks and appreciation to the Chief
Administrative Officer and Mr. Murray Shapiro for their keen negotiations and indicated
that the City's Chief Administrative Officer had been very instrumental in having the matter
come to such a favourable conclusion.
Mr. Brian Merrett, Chair, Niagara Parks Commission, commented that this
acquisition was of historic significance to the City of Niagara Falls and since the
transportation issue was critical, that this matter move forward quickly in order that a
People Mover System be looked into; and requested that Council show some vision today
for tomorrow's prosperity.
Mr. Harry Oakes, advised that the removal of the railway tracks would benefit
visitors in the tourist core and would provide them a more pleasant experience and would
also be a benefit to the City.
Concerns were expressed regarding the number of trains that would be rerouted
through the community, creating safety hazards and posing significant traffic congestions;
the possibility of having more trains coming through the City carrying toxic chemicals; the
servicing of the debt for this venture; the environmental costs and possible tax increases.
The Chief Administrative Officer advised that the City could not guarantee how
many trains would be on the tracks or how CP or its successor would carry out their train
schedules.
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Pietrangelo, that the recommendation report be received and
adopted. The motion was Carried with the following recorded vote:
AVE: Aldermen Campbell, Feren, Hendershot, Pietrangelo, Puttick, and Mayor
Thomson.
NAPE: Aldermen Craitor, Federow, loannoni and Wing.
Aldermen Fisher and Volpatti abstained from the vote on conflicts of interest previously
noted.
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that
leave be granted to introduce the following by -laws, and the by -laws be read a first time:
2001 -205 A by -law to authorize the execution of an agreement with the Ontario Lottery
and Gaming Corporation respecting a Reciprocal Amending Agreement No.
1.
2001 -206 A by -law to authorize the execution of an Agreement of Purchase and Sale
between the Ontario Lottery and Gaming Corporation and The Corporation
of the City of Niagara Falls and The Canada Southern Railway Company,
CNCP Niagara Windsor Partnership and The Niagara River Bridge Company
respecting a certain rail line approximately 6.64 miles in length.
The motion Carried with Aldermen Craitor, Federow, loannoni and Wing voting contrary
to By -law Nos. 2001 -205 and 2001 -206 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
by -laws be read a second and third time:
2001 -205 A by -law to authorize the execution of an agreement with the Ontario Lottery
and Gaming Corporation respecting a Reciprocal Amending Agreement No.
1.
2001 -206 A by -law to authorize the execution of an Agreement of Purchase and Sale
between the Ontario Lottery and Gaming Corporation and The Corporation
of the City of Niagara Falls and The Canada Southern Railway Company,
CNCP Niagara Windsor Partnership and The Niagara River Bridge Company
respecting a certain rail line approximately 6.64 miles in length.
The motion Carried with Aldermen Craitor, Federow, loannoni and Wing voting contrary
to By -law Nos. 2001 -205 and 2001 -206 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
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E. C. WAGG, CITY CLE WAYNE THOMSON, MAYOR