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2001/12/10READ AND ADOPTED, R. O. KALLIO, ACTING CITY CLERK THIRTY- SECOND MEETING COMMITTEE OF THE WHOLE Council met on Monday, December 10, 2001 at 4:00 p.m. in Committee-of-the Whole. All members of Council, were present. Alderman Gary Hendershot presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. REGULAR MEETING ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 December 10, 2001 WAYNE THOMSON, MAYOR Council Chambers December 10, 2001 Council met on Monday, December 10, 2001 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Judy Orr offered the Opening Prayer. Alderman Federow requested that the Minutes of December 3, 2001 be annended to reflect his conflict of interest on Report PD- 2001 -111, Miller Road, because he resides in the area. Alderman Wing requested that the Minutes of December 3, 2001 be amended to reflect her and Alderman Craitor's opposition to Application AM- 11/2001 (former Union Centre) and to By -law No. 2001 -266. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the Minutes of December 3, 2001 be approved as amended. Carried Unanimously. Alderman Campbell indicated a conflict of interest on the Deputation dealing with Westlane Secondary School and on Report MW- 2001 -165, because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report No. F- 2001 -77, Cheque Nos. 264194 and 264158, because a family member is employed by the Region. Alderman Feren indicated a conflict of interest on Report F- 2001 -71 on Cheque #263877 because his company is the recipient; and on Report BBS- 2001 -32 and BBS 2001-33, because he owns a sign company. Alderman Fisher indicated a pecuniary interest on the matter out of Committee of -the Whole dealing with the railway acquisition; on Report F- 2001 -78, and on By -law No. 2001 -281 because members of her family are employed in that area and reside with her. Alderman Orr indicated a conflict of interest on Report F- 2001 -78 and on By -law No. 2001 -281 because she is employed by the Casino. Alderman Pietrangelo indicated a pecuniary interest on Report MW- 2001 -165, because the Niagara Catholic District School Board is his employer. Alderman Volpatti indicated a pecuniary interest on the Committee -of- the -Whole matter dealing with the railroad acquisition and on By -law No. 2001 -281, because her daughter's employer owns lands abutting the railway lands; and indicated a pecuniary interest on Report BBS- 2001 -32 because her daughter is employed by the applicant. Alderman Wing indicated a conflict of interest on Report MW- 2001 -165 because she resides in one of the effected areas. 2001 Sparkle Lighting Awards Mr. George Hostick, Chairman and Joyce Morocco, Winter Festival of Lights presented the "2001 Sparkle Lighting Awards" to the following that had shown excellent Christmas Lighting and Decorations. Residential Category First Place: Second Place: Third Place: Commercial Category First Place: Second Place: Third Place: -2- PRESENTATIONS Larry Shirley Maraldo June Jarrett Ron Judy Gibson Joe Miszk, Betty's Restaurant Jane Shields, Imperial Towers Phil Brenda McGuire, Victoria Park Towers His Worship Mayor Thomson congratulated the winners in their endeavours for beautification in the community. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that Council endorses the 2001 Project Red Ribbon Campaign and to encourage awareness and participation by tying red ribbons to their vehicles and to City vehicles. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest and with all others voting in favour. Information Niagara -3- Rosanna Thoms, Executive Director and Jacky Roddy, Program Manager, Information Niagara provided information on the work that is being done and of the future direction of Information Niagara and introduced their 2001/2002 Directory of Community Services in Regional Niagara to members of Council. Following the discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that a letter of congratulations be forwarded to Information Niagara for their initiative and success in their program. Carried Unanimously. Westlane Concert Band Ms. Jan Kilty, presented members of Council with tickets to the Westlane Concert Band's Christmas Concert scheduled for Tuesday, December 11 2001 at 7 p.rn. and invited Council and the community to attend. Rail Line Acquisition Severance Application /Parkland Dedication His Worship Mayor Thomson advised that Mr. Bill Amadio Solicitor, was in attendance on behalf of the Niagara Catholic District School Board, to comment on an application made to the Committee of Adjustment which was approved and that the Niagara Catholic District School Board was requesting relief from the parkland dedication fee of approximately $50,000. Mr. Bill Amadio, provided a brief outline regarding the purchase of a 16 -acre school site in the south end of the City on McLeod Road and of the various programs that would be made available; he also discussed the use of school facilities for various community uses and requested that an exemption be granted as the School Board was supplying their own capital for sports and recreational facilities for various programs. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the 5% Cash -in -lieu of parkland dedication not be imposed. The motion Carried with Aldermen Federow and Pietrangelo abstaining from the vote on conflicts of interest and with all others voting in favour. MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson advised that the following matters had been discussed at the Committee -of- the -Whole meeting, held prior to the Council meeting arid introduced Mr. Murray Shapiro, Solicitor, who was part of the negotiating committee arid who presented the Recommendation Report for Council's consideration. Recommendation #1 -4- Following some discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick that the votes be taken separately on each of the recommendations. ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that if Council deems it desirable, the Mayor and Clerk be specifically authorized to execute the Notice of Satisfaction of Conditions contemplated by Section 2.7 of the Sale of Agreement, and such other Agreements and Documents as may be determined by the City Solicitor to be required to carry out the Terms thereof. Aldermen Fisher, Orr and Volpatti abstained from the vote on conflicts of interest previously noted. The motion Carried with the following recorded vote: AYE: Aldermen Campbell, Feren, Hendershot, Pietrangelo, Puttick and Mayor Thomson. NAYE: Aldermen Craitor, Federow, loannoni and Wing. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following By -law and the By -law be read a first time: 2001 -283 A by -law to authorize the execution of a Notice of Satisfaction of Conditions. The motion Carried with Aldermen Fisher, Orr and Volpatti abstaining from the vote on conflicts of interest previously noted; Aldermen Craitor, Federow, loannoni and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the by -law be read a second and third time: 2001 -283 A by -law to authorize the execution of a Notice of Satisfaction of Conditions. The motion Carried with Aldermen Fisher, Orr and Volpatti abstaining from the vote on conflicts of interest previously noted; Aldermen Craitor, Federow, loannoni and Wing voting contrary to the motion and with all others voting in favour. Recommendation #2 ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the City pass a resolution to the effect that the City does not support the closure of Main Street, at Portage Road. Carried Unanimously. NO. 44 FEREN PUTTICK WHEREAS there is currently a study being undertaken to examine the possible closure of Main Street at Portage Road; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Niagara Falls does not support, in principle, the closure of Main Street at Portage Road, in the City of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimousl Recommendation #3 ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the City pass a resolution supporting the concept that when the Request for Proposals or other procurement process is developed in respect of the People Mover System, that all study, design and re- design costs of the City and OLGC be included in the procurement process as recoverable project costs. -5- NO. 44 FEREN PUTTICK WHEREAS there is currently a study being undertaken to examine the possible closure of Main Street at Portage Road; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Niagara Falls does not support, in principle, the closure of Main Street at Portage Road, in the City of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously Recommendation #3 ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the City pass a resolution supporting the concept that when the Request for Proposals or other procurement process is developed in respect of the People Mover System, that all study, design and re- design costs of the City and OLGC be included in the procurement process as recoverable project costs. Aldermen Fisher, Orr and Volpatti abstained from the vote on conflicts of interest previously noted. The motion Carried with the following recorded vote: AYE: Aldermen Campbell, Federow, Feren, Hendershot, Pietrangelo, Puttick and Mayor Thomson. NAPE: Aldermen Craitor, loannoni and Wing. NO. 43 FEREN PIETRANGELO WHEREAS there is active consideration for a people mover system in the City of Niagara Falls; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Niagara Falls supports the concept that when the request for proposals or other procurement process is developed in respect of the people mover system that all study, design and re- design costs of the City and the Ontario Lottery and Gaming Commission be included in the procurement process as recoverable project costs. AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Fisher, Orr and Volpatti abstaining from the vote on conflicts of interest previously noted and Aldermen Craitor, loannoni, and Wing voting contrary to the motion and with all others voting in favour. F- 2001 -78 Chief Administrative Officer Re: Borrowing By -law. The report recommends that City Council approve the borrowing of $23,000,000.00 for current expenditures and approve the borrowing of $18,175,000.00 for the acquisition of the CNCP Railway Corridor. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the recommendations in the report and subsequent by -law be dealt with separately. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the City Council approve the borrowing of $23,000,000.00 for current expenditures. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot that City Council approve the borrowing of $18,175,000.00 for the acquisition of the CNCP Railway Corridor. The motion Carried with Aldermen Fisher, Orr and Volpatti abstaining from the vote on conflicts of interest previously noted; and Aldermen Craitor, Federow, loannoni and Wing voting contrary to the motion and with all others voting in favour. Following the discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by -law, and the by -law be read a first time: -6- 2001 -281 A by -law to authorize the temporary borrowing of TWENTY -THREE MILLION DOLLARS for current expenditures for the current year and to authorize the temporary borrowing of SEVENTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS for the acquisition of a certain rail line in the City of Niagara Falls. The motion Carried Unanimously dealing with the temporary borrowing of Twenty -three million dollars for current expenditures for the current year. The motion Carried with Aldermen Craitor, Federow, loannoni and Wing voting contrary to the motion dealing with the temporary borrowing of seventeen million five hundred thousand dollars for the acquisition of the rail line and Aldermen Fisher, Orr and Volpatti abstaining from the vote on conflicts of interest and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the by -law be read a second and third time: 2001 -281 A by -law to authorize the temporary borrowing of TWENTY -THREE MILLION DOLLARS for current expenditures for the current year and to authorize the temporary borrowing of SEVENTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS for the acquisition of a certain rail line in the City of Niagara Falls. The motion Carried Unanimously dealing with the temporary borrowing of Twenty-three million dollars for current expenditures for the current year. The motion Carried with Aldermen Craitor, Federow, loannoni and Wing voting contrary to the motion dealing with the temporary borrowing of seventeen million five hundred thousand dollars for the acquisition of the rail line and Aldermen Fisher, Orr and Volpatti abstaining from the vote on conflicts of interest and with all others voting in favour. Appointment of Mr. John MacDonald as the City's Chief Administrative Officer and the Retention of Mr. Ed Lustig on a Contract Basis His Worship Mayor Thomson referred to a report from Committee -of- the -Whole and advised that Mr. Ed Lustig has served the municipality for almost 27 years as the City's Solicitor and Chief Administrative Officer and that Mr. Lustig has been requested to take on new responsibilities to deal with the People Mover Project and Fire Services on a guaranteed contract basis for two years and further that Mr. John MacDonald be appointed as the City's Chief Administrative Officer. Alderman loannoni requested that the motions dealing with the By -law be taken separately. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that leave be granted to introduce the following By -law and the by -law be read a first time: 2001 -284 A by -law to appoint John MacDonald as Chief Administrative Officer of the City of Niagara Falls. The motion Carried with Aldermen Craitor, loannoni, Orr and Wing, voting contrary to the motion dealing with Mr. Ed Lustig's appointment; and Aldermen Craitor, Federow, Orr and Wing voting contrary to the motion dealing with Mr. John MacDonald's appointment and with all others voting in favour. -7- ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the by -law be read a second and third time: 2001 -284 A by -law to appoint John MacDonald as Chief Administrative Officer of the City of Niagara Falls. The motion Carried with Aldermen Craitor, loannoni, Orr and Wing, voting contrary to the motion dealing with Mr. Ed Lustig's appointment; and Aldermen Craitor, Federow, Orr and Wing voting contrary to the motion dealing with Mr. John MacDonald's appointment and with all others voting in favour. COMMUNICATIONS Communication No. 237 Joyce Nigh, Area Coordinator, "Ontario March of Dimes" Re: Proclamation. The communication requests that Council proclaim the month of January, 2002 as "Ontario March of Dimes Month in the City of Niagara Falls" and advising that throughout the month of January, the Ontario March of Dimes will be conducting its annual door to door campaign. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the requests be approved subject to established policy. Carried Unanimously. Communication No. 238 Willoughby Community Centre Committee Re: Use City of Niagara Falls Crest. The communication requests permission to use the City of Niagara Falls Crest, with its history at the Willoughby Community Centre as part of a pictorial display at the hall commemorating its 125 anniversary in 2002. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. REPORTS BBS- 2001 -32 Chief Administrative Officer Re: 6740 Fallsview Boulevard; Variance to Sign By -law No. 6661, as amended. The report recommends that Council approve a variance to Sign By -Law No. 6661, as amended, to permit a wall sign with an area of about 410 square feet to be erected on the Marriott Hotel extension at 6740 Fallsview Boulevard. ORDERED on the motion'df Alderman Craitor, seconded by Alderman Campbell, that the report be received and. adopted. The motion Carried with Aldermen Feren and Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. BBS- 2001 -33 Chief Administrative Officer Re: 6624 Lundy's Lane Variance to Sign By -law No. 6661, as amended. The report recommends that Council approve a variance to Sign By -Law 6661, as amended, to permit a second ground sign within 90 feet (27.4m) of an existing ground sign on a property with a frontage of 147 feet (44.8m) at 6624 Lundy's Lane. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. MW- 2001 -165 Chief Administrative Officer Re: Parking Enforcement Around Schools. The report recommends that this report be received for the information of Council and further, that staff contact the School Boards and work with the Principals regarding the enforcement of the Kiss and Ride Program. -8- ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted as amended. The motion Carried with Aldermen Campbell, Pietrangelo and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. MW- 2001 -167 Chief Administrative Officer Re: Tender 2001- 194 -000, Fallsview Tourist Core Area, Sanitary Trunk Sewer Phase II. The report recommends that the unit prices submitted by the low tenderer, Provincial Construction, be accepted and the by -law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -278 MW -2001 -168 Chief Administrative Officer Re: Contract 2001- 110 -01; Watermain Replacement Program #2, Longhurst Avenue, Lamont Avenue, Caledonia Street, Pope Avenue, Arad Street, Heximer Avenue and Culp Street. The report recommends that the unit prices submitted by the low tenderer, Alfidome Construction Ltd., be accepted and the by -law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -277 MW- 2001 -170 Chief Administrative Officer Re: Contract 2001 112 -01; Second Avenue; Victoria Avenue Watermain Replacement. The report recommends that the unit prices submitted by the low tenderer, De Rose Bros. Gen. Contracting, be accepted and the by -law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. See By -law No. 2001 -269 MW- 2001 -171 Chief Administrative Officer Re: St. Davids Servicing Scheme; Connection to Stanley Avenue WWTP. The report recommends that the City support, in principle, an undertaking by the Town of Niagara -on- the -Lake to construct a sanitary sewer collection system for the community of St. Davids that will discharge into the Stanley Avenue Wastewater Treatment Plant. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the matter be referred to staff for a report back on the matter. Carried Unanimously. MW- 2001 -172 Chief Administrative Officer Re: Millennium Partnership Funding. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the report be received and filed. The motion Carried with Alderman Volpatti abstaining from the vote on Item #2 of the report because her husband is a member of Club Italia and with all others voting in favour. R- 2001 -58 Chief Administrative Officer Re: Appeal of Conditions attached to Severance Application B- 58/2001/NF Frank Cindy Muileboom. The report recommends that Council support the lodging of an appeal of conditions against Severance Application B -58- 2001 /NF -Frank Cindy Muileboom. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Pietrangelo voting contrary to the motion and with all others voting in favour. R- 2001 -59 Chief Administrative Officer Re: Chippewa Outdoor Swimming Pool. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the report be received and filed. Carried Unanimously. -9- F- 2001 -74 Chief Administrative Officer Re: Community Reinvestment Fund (CRF). The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the report be received and filed. Carried Unanimously. F- 2001 -77 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $1,297,653.83 for the period ending December 10, 2001. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By -law No. 2001 -282 L- 2001 -67 Chief Administrative Officer Re: Closing and Declaring Surplus Parts of Domenic Crescent on Registered Plan M -92, Calaguiro Estates Subdivision. The report recommends that parts of Domenic Crescent on registered Plan No. M -92 described as parts 7, 8, 11, 31 and 32 on Reference Plan No. 59R -11579 be stopped up and closed and declared surplus. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L- 2001 -71 Chief Administrative Officer Re: Establishment of Public Highways, Part 2 on Reference Pl,n 59R -9953 to be known as Willoughby Driveway, Part 1 on Ref. Plan 59R -11204 to be known as Woodbine Street; and Part 2 on Ref. Plan 59R -11000 to be known McGrail Avenue. The report recommends the following: 1. That the road widening, being Part 2 on Reference Plan No. 59R -9953, be established as a public highway, to be known as Willoughby Drive; 2. That the daylighting triangle, being Part 1 on Reference Plan No. 59R- 11204, be established as a public highway, to be known as Woodbine Street; 3. That the road widening, being Part 2 on Reference Plan No. 59R- 11000, be established as a public highway, to be known as McGrail Avenue. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -276 L- 2001 -72 Chief Administrative Officer Re: Interim Control By -law 2001 -25 Adult Entertainment Parlours and Body Rub Parlours. The report recommends that Interim Control By -law No. 2001 -25, as amended, be further amended, by deleting the reference to 8911 Lundy's Lane as a place which shall be permitted to be used as a body -rub parlour and further that Interim Control By -law No. 2001 -25, be extended for a further period of one year. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -280 L- 2001 -73 Chief Administrative Officer Re: Council Procedures. The report recommends that the recommendations set out in Schedule "A" attached, be adopted. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Craitor voting contrary to the section in the report dealing with the issue of municipalities that pass confirming or confirmatory by -laws at the end of each Council meeting to ensure that any matter that may be required to be passed by by -law would be so passed upon the passing of a confirmatory by -law and with all others voting in favour. See By -law No. 2001 -285 -10- L- 2001 -74 Chief Administrative Officer Re: City of Niagara Falls v. Richard Austin; 6954 Lundy's Lane, "Alpha Care Body -Rub Parlour Enforcement Update. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that the report be received and filed. Carried Unanimously. RESOLUTIONS NO. 42 PUTTICK FEREN WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community reinvestment Fund (CRF) allocation; and WHEREAS the intended use of the CRF allocation is for the benefit of property taxpayers; and WHEREAS the Council of t he municipality of Niagara Falls does recognize that they are directly accountable to property taxpayers for their use of the CRF allocation; and NOW THEREFORE LET IT BE RESOLVED THAT the municipality of Niagara Falls intends to use the 2002 CRF allocation for the benefit of property taxpayers; and FURTHERMORE, THAT the municipality of Niagara Falls does accept the 2002 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. ANC the Seal of the Corporation be hereto affixed. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2001 -269 A by -law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. respecting the 2001 Watermain Replacement Program #4 Second Avenue, Stamford Street Victoria Avenue. 2001 -270 A by -law to establish St. Mary's Street on registered Plan No. 65 and part of Township Lot 73 in the former Township of Stamford as described in Instrument No. ST46754 as a public highway, tc be known as St. Mary's Street. (Re: MW- 2001 -63) 2001 -271 A by -law to establish part of Township Lot 73 in the former Township of Stamford now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as part 4 on Reference Plan No. 59R -6007 as a public highway, to be known as and to form part of St. Mary's Street. (Re: MW- 2001 -63) 2001 -272 A by -law to stop up and close parts of Domenic Crescent on registered Plan No. M -92 designated as Parts 8, 11,31 and 32 on Reference Plan No. 59R- 11579. 2001 -273 A by -law to declare surplus the closed portions of Domenic Crescent on registered Plan No. M -92 being Parts 8, 11, 31 and 32 on Reference Plan No. 59R- 11579. 2001 -274 A by -law to establish Part 2 on Reference Plan 59R -9953 as a public highway, to be known as and to form part of Willoughby Drive. 2001 -275 A by -law to establish part 1 on Reference Plan 59R -11204 as a public highway, to be known as and to form part of Woodbine Street. 2001 -276 A by -law to establish Part 2 on Reference Plan 59R -11000 as a public highway, to be known as and to form part of McGrail Avenue. 2001 -277 A by -law to authorize the execution of an agreement with Alfidome Construction Limited respecting the 2001 Watermain Replacement Program #2 Lamont Avenue, Caledonia Street, Pope Avenue, Arad Street, Heximer Avenue and Culp Street. 2001 -278 A by -law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting Fallsview Tourist Core Area Sanitary Trunk Sewer Phase II. 2001 -279 A by -law to amend By -law No. 89 -155, as amended, being the Standing Rules of Council. 2001 -280 A by -law to amend By -law No. 2001 -25, being a by -law to prohibit certain uses of land. in the area of the City of Niagara Falls. 2001 -282 A by -law to authorize monies for General Purposes (December 10, 2001) 2001 -285 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10`" day of December, 2001. The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2001 -282 on a conflict of interest previously noted; and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the by -law be read a second and third time: 2001 -269 A by -law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. respecting the 2001 Watermain Replacement Program #4 Second Avenue, Stamford Street Victoria Avenue. 2001 -270 A by -law to establish St. Mary's Street on registered Plan No. 65 and part of Township Lot 73 in the former Township of Stamford as described in Instrument No. ST46754 as a public highway, to be known as St. Mary's Street. (Re:.MW- 2001 -63) 2001 -271 A by -law to establish part of Township Lot 73 in the former Township of Stamford now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as part 4 on Reference Plan No. 59R -6007 as a public highway, to be known as and to form part of St. Mary's Street. (Re: MW- 2001 -63) 2001 -272 A by -law to stop up and close parts of Domenic Crescent on registered Plan No. M -92 designated as Parts 8, 11,31 and 32 on Reference Plan No. 59R- 11579. 2001 -273 A by -law to declare surplus the closed portions of Domenic Crescent on registered Plan No. M -92 being Parts 8, 11, 31 and 32 on Reference Plan No. 59R- 11579. 2001 -274 A by -law to establish Part 2 on Reference Plan 59R -9953 as a public highway, to be known as and to form part of Willoughby Drive. 2001 -275 A by -law to establish part 1 on Reference Plan 59R -11204 as a public highway, to be known as and to form part of Woodbine Street. 2001 -276 A by -law to establish Part 2 on Reference Plan 59R -11000 as a public highway, to be known as and to form part of McGrail Avenue. -12- 2001 -277 A by -law to authorize the execution of an agreement with Alfidome Construction Limited respecting the 2001 Watermain Replacement Program #2 Lamont Avenue, Caledonia Street, Pope Avenue, Arad Street, Heximer Avenue and Culp Street. 2001 -278 A by -law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting Fallsview Tourist Core Area Sanitary Trunk Sewer Phase II. 2001 -279 A by -law to amend By -law No. 89 -155, as amended, being the Standing Rules of Council. 2001 -280 A by -law to amend By -law No. 2001 -25, being a by -law to prohibit certain uses of land in the area of the City of Niagara Falls. 2001 -282 A by -law to authorize monies for General Purposes (December 10, 2001) 2001 -285 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 day of December, 2001. The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2001 -282 on a conflict of interest previously noted; and with all others voting in favour. City Clerk's Appointment Letter of Condolence Candles Carolling NEW BUSINESS Alderman Carolynn loannoni referred to her comments regarding the City Clerk's appointment and of specific answers that she has requested under the Freedom of Information Act, dealing with the issue. The Executive Director of Corporate Services provided clarification on the hiring process and of the conditions of the appointment. He further advised that the motion was approved and ratified in open Council. Council Attendance at Staff Meetings Alderman Craitor raised the possibility of Council members attending senior staff meetings and following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the matter be deferred for a report on the matter. The motion Carried. ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that a letter of condolence be forwarded to the family of the late John Boyd Hopkins. Carried Unanimously. Alderman Art Federow extended an invitation to the community to a Candles Carolling event being held on December 15, 2001 at Cummington Square, in Chippawa and requested that anyone attending bring a food donation for Project Share or a Toonie. w x READ AND ADOPTED, R. O. KALLIO, ACTING CITY CLERK -13- ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the meeting be adjourned. Carried Unanimously. WAYNE THOMSON, MAYOR