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Council

MINUTES

15TH MEETING

 

 

June 23, 2014

 

The Council meets in Special Session in the Council Chambers this day at 8:05 PM.

 

PRESENT: Acting Mayor J.B. Swan, B. Polhill, W.J. Armstrong, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White and C. Saunders (City Clerk). 

 

ALSO PRESENT: A. Zuidema, J.P. Barber, G. Barrett, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, S. Galloway, G.T. Hopcroft, G. Kotsifas, L. Livingstone, V. McAlea Major, H. McNeely, D. Mounteer, R. Paynter, M. Ribera, L. M. Rowe, J. Smout, M. Turner and B. Warner.

 

At the beginning of the Meeting all Members are present.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

            None are disclosed.

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

            None.

 

III

ADDED REPORTS

 

            None.

 

IV

COMMITTEE OF THE WHOLE, IN CAMERA

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor H.L. Usher and seconded by Councillor S. Orser to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following: 

 

a)

A matter pertaining to personal matters involving identifiable individuals who are municipal employees with respect to employment-related matters and advice and recommendations of officers of the Corporation, including communications necessary for that purpose. (C1/17/CSC)

 

b)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the decommissioning of City-owned lands known as the South Street Campus currently leased and occupied by London Health Sciences Centre; a proposed or pending acquisition or disposition of land by the municipality; and for the purpose of giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under a contract with the municipality. (C2/17/CSC)

 

c)

A matter pertaining to litigation before the Superior Court, file CV-11-424877, involving the City of London, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the proposed settlement; and for the purpose of giving directions and instructions to officers and employees or agents of the municipality regarding settlement negotiations and conduct of litigation with respect to the Komoka-Mt. Brydges Regional Water Supply Project. (C3/17/CSC)

 

d)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C4/17/CSC)

 

e)

A matter pertaining to advice that is subject to solicitor-client privilege and any communications necessary for the purpose, and a proposed or pending acquisition or disposition of land by the municipality or local board, related to the Western Fair Association. (C5/17/CSC)

 

f)

A matter pertaining to personnel matters including employee of the Corporation, including communications necessary for that purpose. (C6/17/CSC)

 

g)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition and disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which  could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition and disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition and disposition. (C7/17/CSC)

 

Motion Passed

 

YEAS: J.B. Swan, B. Polhill, B. Armstrong, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

The Council rises and goes into Committee of the Whole, in camera, at 8:08 PM, with Acting Mayor J.B. Swan in the Chair and all Members present.

 

The Committee of the Whole rises at 8:16 PM and Council reconvenes at 8:17 PM, with Acting Mayor J.B. Swan in the Chair and all Members present.

 

 

 

V

RECOGNITIONS

 

            None.

 

VI

COMMUNICATIONS AND PETITIONS

 

1.

J.F. Fontana - Letter of Resignation

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve that the written notice dated June 19, 2014 from J.F. Fontana, resigning from the office of Mayor of the City of London, effective June 19, 2014 at 10:00 AM, BE ACCEPTED and the office of Mayor BE DECLARED vacant in accordance with section 260(1) of the Municipal Act, 2001, c.25.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

 

 

a)

Provincial Legislation - Eligibility to Hold Office and Filling of Vacancies on Municipal Council

 

Motion made by Councillor J.L. Baechler and seconded by Councillor H.L. Usher to Approve that the appointment to fill the Mayoral vacancy BE MADE from the membership of the current Municipal Council.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

NAYS: S. Orser (1)

 

Motion made by Councillor J.P. Bryant and seconded by Councillor D. Brown to Approve that the staff report dated June 23, 2014 BE RECEIVED and that the process suggested by the City Clerk to determine an appointment to fill the vacancy in the office of Mayor BE APPROVED with the necessary revisions for each Member to initially declare, in Ward order, their interest in and consent to letting their name stand on the slate of nominees.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

            None.

 

VIII

REPORTS

 

 

17th Report of the Corporate Services Committee

Councillor J.P. Bryant presents.

 

 

Motion made by Councillor J.P. Bryant to Approve clauses 1 to 12.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

 

 

2.

2013 Investment Report

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the 2013 Investment Report BE RECEIVED for information.

 

3.

Lease Financing Policy

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the establishment of a “Lease Financing Policy” to provide a statement of lease financing policies and goals as required by Ontario Regulation 653/05 under the Municipal Act, 2001:

 

a)         the proposed by-law (Appendix “A”), as appended to the staff report dated June 17, 2014, BE INTRODUCED at the Municipal Council meeting on June 24, 2014 to implement Council Policy 8(27) entitled “Lease Financing Policy” to govern all lease financing agreements entered into by the City; and

 

b)         subject to the approval of (a), above, the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer or designate BE DIRECTED to report upon, on an annual basis, the City’s lease financing activity and its proportion to the City’s total outstanding long-term debt, including a statement indicating whether, in his or her opinion, that all lease financing agreements were made in accordance with the City’s Lease Financing Policy, as well as any other information that is deemed to be relevant.

 

 

4.

Revision of Taxes Section of City Council Policy Manual

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law, as appended to the staff report dated June 17, 2014 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting to be held on June 24, 2014 to repeal Council Policy 26(1) “Tax Certificates – Uncertified Cheques” and to repeal and replace Council Policy 26(2) “Tax Collection Policy” in order to reflect current practice and legislation.

 

5.

Quarterly Reporting - Council Members' Expense Account

 

That, on the recommendation of the City Clerk, the Civic Administration BE DIRECTED to provide for the quarterly reporting of Council Members’ expenses on the City of London’s website; it being noted that an additional report and proposed by-law to revise the Council Members’ Expense Account Policy, including the provision for quarterly reporting on the City of London’s website, will be brought forward at a future meeting. 

 

6.

Council Policy 5(29) - Issuance of Computer Equipment to Council Members

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, and the City Clerk, the proposed by-law, as appended to the staff report dated June 17, 2014 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting on June 24, 2014 to repeal and replace Council Policy 5(29) – Issuance of Computer Equipment to Council Members, to identify standard equipment guidelines for the upcoming Council term which are in keeping with corporate requirements, to provide for a review, prior to the commencement of any new Council term, of the corporate standards for computer equipment and software to be issued to Council Members, and to provide further clarity in the policy.

 

7.

Pride London Festival - Request for Designation as a Municipal Significant Event

 

That the Pride London Festival, to be held in Victoria Park from 6:00 PM to 11:00 PM on Friday, July 25, 2014, 11:00 AM to 11:00 PM on Saturday, July 26, 2014 and 11:00 AM to 8:00 PM on Sunday July 27, 2014 BE DESIGNATED a municipally significant event in the City of London.

 

8.

Appointment to the Transportation Advisory Committee

 

That Tanis Siddique, representative of the Council for London Seniors and Alyssa Penney, representative of London-Middlesex Road Safety Committee, BE APPOINTED as Voting Members on the Transportation Advisory Committee, for the term ending February 28, 2015.

 

9.

Appointment to the Community Safety and Crime Prevention Advisory Committee

 

That Marylou Albanese, representative of Middlesex-London Health Unit, BE APPOINTED as a Non-Voting Member on the Community Safety and Crime Prevention Advisory Committee, for the term ending February 28, 2015.

 

10.

Appointment to the Cycling Advisory Committee

 

That Dave Mitchell, representative of London Cycle Link, BE APPOINTED as a Voting Member on the Cycling Advisory Committee, for the term ending February 28, 2015.

 

11.

Appointment to the Town and Gown Committee

 

That Paul Beechey, neighbourhood representative of the residential area of Western University, BE APPOINTED as a Voting Member on the Town and Gown Committee, for the term ending February 28, 2015.

 

12.

Appointment to the Trees and Forests Advisory Committee

 

 

That Roberto Mannella BE APPOINTED as a Voting Member-at-Large on the Trees and Forests Advisory Committee, for the term ending February 28, 2015.

 

 

At 9:06 PM Councillor N. Branscombe leaves the meeting.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

 

 

 

Motion made by Councillor J.P. Bryant to Approve clause 13.

 

 

13.

Designation of Lawn Summer Nights as a Municipally Significant Event

 

That the Lawn Summer Nights event to be held consecutive Thursdays on July 3, 10, 17 and 24, 2014, at the Thistle Lawn Bowling Club, 25 Beaufort Street, London, Ontario, BE DESIGNATED as a municipally significant event.

 

Motion Passed

 

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

 

NAYS: P. Hubert, H.L. Usher (2)

 

 

 

14th Report of the Committee of the Whole

Councillor M. Brown presents.

 

PRESENT:  Acting Mayor J.B. Swan, and Councillors B. Polhill, B. Armstrong, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White and C. Saunders (City Clerk).

 

ALSO PRESENT: A. Zuidema, J.P. Barber, J. Braam, J.M. Fleming and L. Rowe.

 

Motion made by Councillor M. Brown and seconded by Councillor S. Orser to Approve that on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with the review and concurrence of the Managing Director, Planning and City Planner, the lease between the City and Farhi Holdings Corporation (the   “Landlord”) for the 11th Floor space at 383 Richmond Street, for an additional term of three (3) years, for the Parks Planning & Design division, at a base rent of  $9.95 per square foot, BE RENEWED subject to the same terms and conditions of the existing lease.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

 

IX

DEFERRED MATTERS

           

            None.

 

X

ENQUIRIES

 

            None.

 

XI

EMERGENT MOTIONS

                       

            None.

 

XII

BY-LAWS

 

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No.s 298 to 302.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

 

 

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve 2nd Reading of Bill No.s 298 to 302.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve 3rd Reading and Enactment of Bills No. 298 to 302.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

The following by-laws are passed and enacted as by-laws of The Corporation of the City of London:

 

Bill No. 298

By-law No. A.-7125-224

A by-law to confirm the proceedings of the Council Meeting held on the 23rd day of June, 2014. (City Clerk)

 

Bill No. 299

By-law No. A.-7126-225

A By-law to adopt City Council Policy 8(27) entitled Lease Financing Policy.(3/18/CSC)

 

Bill No. 300

By-law No. A.-7127-226

A By-law to amend City Council Policy 26 entitled Taxes. (4/18/CSC)

Bill No. 301

By-law No. A.-7128-227

A by-law to repeal and replace Council Policy 5(29) – Issuance of Computer Equipment to Council Members. (6/18/CSC)

 

Bill No. 302

By-law No. A.-7129-228

A By-law to authorize a Lease Amending Agreement between The Corporation of the City of London and Farhi Holdings Corp., for the lease of office space located at 383 Richmond Street, Unit 1104, for the Parks Planning and Design Division, and to authorize the Mayor and the City Clerk to execute the Agreement. (1/14/CW)

 


 

XIII

ADJOURNMENT

 

Motion made by Councillor P. Van Meerbergen and seconded by Councillor D. Brown to Adjourn.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

The meeting adjourned at 9:20 PM.

 

 

 

 

 

 

 

_________________________________

                                                                                          Joe Swan, Acting Mayor

 

 

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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