I.

CALL TO ORDER

1.

Disclosures of Pecuniary Interest

Recommendation:  That it BE NOTED that no pecuniary interests were disclosed.

II.

CONSENT ITEMS

2.

Industrial Land Development Strategy Implementation Options

Recommendation:  That, on the recommendation of the City Manager, with respect to options for implementing the 2014 Industrial Land Development Strategy, the following actions be taken:

a)         as an interim step, the City Manager BE DIRECTED to identify an internal lead and supporting team of staff resources responsible for the immediate actions associated with implementing the Industrial Land Development Strategy (ILDS); and

b)         the City Manager, in collaboration with the identified internal lead and staff team, BE DIRECTED to develop a business case for the an Industrial Land Development Corporation, which would be responsible for long-term implementation of the Industrial Land Development Strategy (ILDS), and report back to the Strategic Priorities and Policy Committee by September 2014; it being noted that this direction reflects the Municipal Council’s support in principle, for an external model for implementing the ILDS;

it being noted that the Corporate Services Committee heard a verbal overview from the City Manager with respect to this matter.

Motion to Approve part a):

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, S.E. White, B. Armstrong (11)

NAYS: B. Polhill, H.L. Usher (2)

Motion to Approve the balance of clause 2, including part b):

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White, B. Armstrong (12)

NAYS: P. Van Meerbergen (1)

III.

SCHEDULED ITEMS

3.

London Hydro Inc. – 2013 Annual Meeting of the Shareholder – Annual Resolutions

Recommendation:  That, on the recommendation of the City Manager, the by-law appended to the staff report dated May 5, 2014 as Attachment “A” BE INTRODUCED at the Municipal Council meeting to be held May 20, 2014 to:

a)         ratify and confirm the Annual Resolutions of the Shareholder of London Hydro Inc. attached as Schedule “1” to the by-law; and

b)         authorize the Mayor and the City Clerk to execute the Annual Resolutions of the Shareholder of London Hydro Inc. attached as Schedule “1” to the by-law;

it being noted that the Strategic Priorities and Policy Committee heard the attached presentation from P. Johnson, Board Chair, London Hydro Inc. and V. Sharma, Chief Executive Officer, London Hydro Inc.

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

4.

London & Middlesex Housing Corporation - 2013 Annual Meeting of the Shareholder - Annual Resolutions and Declaration of the Sole Shareholder and Accountability Rules 

Recommendation:  That, on the recommendation of the City Manager, the following actions be taken with respect to the London & Middlesex Housing Corporation (LMHC):

a)         the proposed by-law appended to the staff report dated May 5, 2014  as Attachment “A” BE INTRODUCED at the Municipal Council Meeting to be held on May 20, 2014 to:

i)          ratify and confirm the Annual Resolutions of the Shareholder of the London & Middlesex Housing Corporation, attached as Schedule “1” to the by-law; and,

ii)         authorize the Mayor and the City Clerk to execute the Annual Resolutions of the Shareholder of London & Middlesex Housing Corporation, attached as Schedule “1” to the by-law; and

b)         the following changes to the “Declaration of the Sole Shareholder” by the City of London to the London & Middlesex Housing Corporation (LMHC), including Appendix “A” - “Accountability Rules” BE ENDORSED IN PRINCIPLE; and the Civic Administration BE DIRECTED to bring forward the necessary by-law at the May 20, 2014 meeting of the Municipal Council to implement the following proposed changes:

i)          amend the Board composition (Section 6.2(c)), as follows:

                                    1 City Council representative

                                    1 Council Council-recommended representative

                                    7 Citizens-at-Large;

ii)         provide for staggered Board terms (Section 6.2(f)), which may require a one-time extension of a current appointment(s) in order to provide continuity, with the transition process to be implemented in consultation with the LMHC;

iii)                     provide for the LMHC to advise the Municipal Council of desired competencies when seeking applicants for vacancies on the Board (Section 6.2(b)), and to have the ability to put forward the names of applicants they would like to have considered for those vacancies;

iv)        amend the attendance requirements for the Board (Section 4.5) to reflect removal in the event of absence from three (3) meetings, consecutive or non-consecutive, in any 12 month period, without prior written approval of the Board; and

v)         other minor housekeeping changes to reflect current legislative references and position titles and to better reflect the ongoing work of the LMHC Board and Administration;

it being noted that the Strategic Priorities and Policy Committee heard the attached presentation from D. Reycraft, LMHC Board Chair, and S. Matthew, Executive Director, LMHC, with respect to this matter.

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

5.

2014 Development Charges

Recommendation:  That the following actions be taken with respect to the 2014 Development Charges (DC) Background Study, and the 2014 Draft DC By-law:

a)         the revised Commercial growth projections, as described in Appendix H.5 of the staff report dated April 14, 2014, BE ADOPTED; it being noted that the revised projections arose out of a review by Altus of the commercial space factors used in the previous forecasts;

b)         in accordance with the DC legislation, the intention to meet the capital project needs of growth, as listed in the rate calculations contained in Appendices "B" through “M" of the 2014 DC Background Study - March, 2014 BE CONFIRMED SUBJECT TO ongoing reviews afforded by the annual Growth Management Implementation Strategy process, changes through the Capital Budget approval process, and collection of sufficient DC revenues;

 c)        the draft DC By-law (attached as Appendix J to the staff report dated April 14, 2014) BE AMENDED as follows:

i)          the definition of “development” being amended from “‘development’ means…as per section 10 of the Ontario Building Code…” to “‘development’ means…as per Section C.1.3.1.4 of the Ontario Building Code…”;

ii)         section 15 of the 2014 Draft DC By-law (Appendix J of the staff report dated April 14, 2014) being amended to the wording identified for section 15 identified in Appendix A of the staff report dated May 5, 2014;

iii)         Schedule 1 being the proposed DC rates identified in the 2014 Draft DC By-law (Appendix J of the staff report dated April 14, 2014) being amended to reflect a revised Schedule 1 as identified in Appendix A of the staff report dated May 5, 2014; it being noted that the changes include minor revisions to the recommended DC rates as well as the addition of text at the bottom of the schedule;

            it being noted that By-law  C.P.-1473-212 (as amended), being the City’s existing Development Charges By-law will expire coincidental with the coming into force of the new by-law which incorporates the new DC rates identified in Appendix D of the staff report dated April 14, 2014;

d)         the staff report dated May 5, 2014, regarding the impact of the water supply development charge on the water rate, BE RECEIVED for information;

e)         the staff report dated May 5, 2014, including the study by Watson & Associates entitled “City of London:  Economic Impact of Proposed Development Charges”, BE RECEIVED for information;

f)         the draft DC By-law and Background Study BE REFERRED back to staff to:

i)          further refine the recommendations, giving consideration to:

A)        the input to date, including the comments provided at the public participation meeting held on May 5, 2014, as well as input received through further consultation with the External Stakeholders Committee;

B)        the incorporation of the recommendations contained in the staff report dated May 5, 2014 entitled “Revisions to the Draft 2014 Development Charges By-law and Background Study”;

C)        inclusion of two additional recommendations as follows:

“a)        in accordance with the Development Charges Act, 1997, it BE CONFIRMED that Municipal Council has expressed its intention that excess capacity of the works identified in the Development Charges Background Study be collected from development charges; and,

b)         it BE CONFIRMED that the Municipal Council has determined that no further notice or public meetings are required pursuant to Section 12 of the Development Charges Act, 1997”;

ii)         further refine the DC Background Study dated April, 2014, giving consideration to the amendments outlined in Appendix B to the staff report dated May 5, 2014, in order to reflect comments provided by members of the Strategic Priorities and Policy Committee on April 14, 2014, and comments received from the Development Charges External Stakeholders Committee members;

 iii)        report back at a special meeting of the Strategic Priorities and Policy Committee, to be held immediately following the Investment and Economic Prosperity Committee scheduled for June 9, 2014, in order to accommodate final adoption at the Council meeting to be held on June 24, 2014, with:

A)        revised recommendations as noted in f)i) and f)ii), above, subject to any further refinements that may arise from B) and C) below;

B)        details of options and implications of removing the water supply charge from the proposed 2014 DC By-law; and

C)        details of options and implications of placing a cap of 25% on the calculated commercial DC rate, as identified in the proposed 2014 DC By-law;

it being noted that:

• the Municipal Council received an earlier report which contained the proposed schedule of DC rates contained in the proposed 2014 DC By-law, which included a Water Supply Component (Appendix D of the staff report dated April 14, 2014 and Schedule 1 of the proposed 2014 DC By-law);
• the exemptions identified in By-law CP-1473-212, as amended (i.e. the 50% institutional exemption, industrial development exemption and the Downtown residential exemption) are contained in the proposed 2014 DC By-law, but will expire upon passage of CIP by-laws to amend and replace the same, consistent with Municipal Council’s decision on August 27, 2013;
• in accordance with the Municipal Council’s direction, the Civic Administration has responded to comments and concerns raised in relation to the report on draft DC rate calculations (submitted at the Strategic Priorities and Policy Committee meeting of February 20, 2014, as Appendix H); and
• the proposed 2014 DC By-law (included as Appendix J to the staff report dated April 14, 2014), includes amendments to the DC Policy considered and approved in the preceding two years, as well as technical amendments intended to add clarity to the By-law (summarized in Appendix I to the staff report dated April 14, 2014);

it being further noted that the Strategic Priorities and Policy Committee heard the attached presentation from P. Christiaans, Director, Development Finance and S. Mathers,  Manager, Development Finance with respect to this matter; it being further noted that the SPPC received the following communications on its Added Agenda, with respect to this matter:

a)         a staff information report dated May 5, 2014 from the Managing Director, Environmental and Engineering Services and City Engineer, with respect to the impact of the water supply development charge on the water rate;

b)         a staff information report dated May 5, 2014 from the Director, Development Finance, with respect to Watson & Associates’ study entitled “City of London” Economic Impact of Proposed Development Charges”;

c)         commentary from Dr. G. Arku, Western University, Department of Geography, on Watson & Associates’ Report entitled “City of London’s Economic Impact of Proposed Development Charges”;

d)         a staff report detailing proposed revisions to the draft 2014 Development Charges By-law and Background Study;

e)         a communication from A. Soufan, President, York Developments Inc., regarding the proposed development charges rates;

f)         a communication from M. Noskiewicz, Goodmans LLP, representating Smartcentres Inc., Calloway REIT and Greenhills Shopping Centres Limited regarding the development charges review;

g)         a communication from D. Wastell, President, London Homebuilders’ Association, with respect to the 2014 Development Charges By-law;

h)         a communication from J. Kennedy, President, London Development Institute, regarding the Development Charge Review 2014, Water Supply Charge; and

i)          a communication from J. Kennedy, President, London Development Institute, regarding delegation status for the 2014 Development Charges By-law Update;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.

Motion to open the PPM:

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

Motion to close the PPM

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

IV.

ITEMS FOR DIRECTION

6.

Consideration of Nominees for Appointment to the Board of Directors of the Greater London International Airport Authority

Recommendation:  That the names and applications of the following nominees BE FORWARDED to the Greater London International Airport Authority Board of Directors for consideration for appointment to the Greater London International Airport Authority (GLIAA) Board of Directors, for the term August 1, 2014 to July 31, 2017; it being noted that there is only one vacancy on the GLIAA Board of Directors to fill at this time:

• Bill Graham
• Gus Kotsiomitis

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (11)

NAYS: M. Brown (1)

Motion to nominate Murray Faulkner:

Motion Failed

YEAS: J.B. Swan, D.G. Henderson, P. Van Meerbergen, H.L. Usher (4)

NAYS: J.F. Fontana, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, D. Brown, S.E. White (8)

Motion to nominate Wayne Dunn:

Motion Failed

YEAS: J.F. Fontana, D. Brown (2)

NAYS: J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, H.L. Usher, S.E. White (10)

Motion to nominate Heather Broadhead:

Motion Failed

YEAS: D.G. Henderson, J.P. Bryant, P. Van Meerbergen, D. Brown (4)

NAYS: J.F. Fontana, J.B. Swan, B. Polhill, S. Orser, M. Brown, P. Hubert, H.L. Usher, S.E. White (8)

Motion to nominate Trevor Hunter:

Motion Failed

YEAS: S. Orser, P. Hubert, P. Van Meerbergen, S.E. White (4)

NAYS: J.F. Fontana, J.B. Swan, D.G. Henderson, J.P. Bryant, B. Polhill, M. Brown, D. Brown, H.L. Usher (8)

Motion to nominate Gus Kotsiomitis:

Motion Passed

YEAS: J.F. Fontana, J.B. Swan, J.P. Bryant, B. Polhill, S. Orser, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown (9)

NAYS: D.G. Henderson, H.L. Usher, S.E. White (3)

V.

DEFERRED MATTERS/ADDITIONAL BUSINESS

VI.

CONFIDENTIAL

C-1.

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the Western Fair Association.

Recommendation:  That consideration of the confidential matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the Western Fair Association BE POSTPONED until a future date when the relevant parties can be in attendance.

VII.

ADJOURNMENT

5.

2014 Development Charges