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Council

MINUTES

11TH MEETING

 

June 11, 2013

 

The Council meets in Regular Session in the Council Chambers this day at 4:06 PM.

 

PRESENT: Mayor J.F. Fontana, 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 and C. Saunders (City Clerk).

 

ABSENT:  Councillor N. Branscombe.

 

ALSO PRESENT: A. Zuidema, J.P. Barber, J. Braam, B. Coxhead, S. Datars Bere, A. Dunbar, J. Edward, C. Finn, J. Fleming, M. Hayward, G.T. Hopcroft, K. Kearns, G. Kotsifas, I. Listar, L. Livingstone, J. Lucas, I. Mackay, V. McAlea Major, D. Mounteer, D. O’Brien, J. Page, R. Paynter, L.M. Rowe, R. Sharpe, B. Warner, B. Westlake-Power, B. Whitelaw, J. Winston and J. Yanchula.

 

At the beginning of the Meeting all Members are present, except Councillors N. Branscombe, D. Henderson, P. Van Meerbergen and J.P. Bryant.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor J.P. Bryant discloses a pecuniary interest in clause 9 of the 10th Report of the Community and Protective Services Committee, having to do with the Residential Rental Units Licensing fees, by indicating that she has a rental unit in her home. 

 

Councillor B. Armstrong discloses a pecuniary interest in clause 9 of the 10th Report of the Community and Protective Services Committee, having to do with the Residential Rental Units Licensing fees, by indicating that he owns rental properties. 

 

Councillor J.B. Swan discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 17th Report of the Corporate Services Committee, having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; 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, by indicating that his employer leases space from an involved party.  Councillor J.B. Swan further discloses a pecuniary interest in clause 2 of the 6th Report of the Investment and Economic Prosperity Committee, having to do with the Orchestra London Business Plan, by indicating that Orchestra London is his employer. 

 

Councillor P. Hubert discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 17th Report of the Corporate Services Committee, having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; 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, by indicating that he is the Executive Director of a social service agency that has a has a purchase of service agreement with Ontario Works.  Councillor P. Hubert further discloses a pecuniary interest in clause 5 of the 6th Report of the Investment and Economic Prosperity Committee, having to do with a letter regarding improving Downtown London, by indicating that he is involved with a social service agency that provides cleaning services in the Downtown.  

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

III

ADDED REPORTS

 

1.

11th Report of the Community and Protective Services Committee

 

2.

17th Report of the Corporate Services Committee

 

IV

COMMITTEE OF THE WHOLE, IN CAMERA

 

Motion made by Councillor J.L. Baechler and seconded by Councillor P. Hubert 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 information about identifiable individuals, including municipal employees with respect to employment related matters and advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose. (C-2/16/CSC)

 

b)

A matter pertaining to personal matters, including information regarding  identifiable individuals, including  municipal employees, with respect to employment related matters, labour relations and employee negotiations, and advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C-3/16/CSC)

 

c)

A matter pertaining to personal matters regarding the employment of an identifiable individual; employee negotiations, including communications necessary for that purpose; and advice or recommendations of officers and employees of the Corporation; for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to the employment of an identifiable individual. (C-4/16/CSC)

 

d)

A matter pertaining to personal matters, including information regarding identifiable individuals, including municipal employees, with respect to employment-related matters, labour relations and employee negotiations, and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C-5/16/CSC)

 

e)

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. (C-1/16/CSC)

 

f)

A matter to be considered for the purpose of 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. (C-1/6/IEPC)

 

g)

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 District. (C-2/6/IEPC)

 

 

h)

A matter pertaining to advice that is subject to solicitor-client privilege and any communications necessary for the purpose, related to the May 31, 2013 communication from the Information and Privacy Commissioner of Ontario regarding Methadone Clinics.

 

 

i)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; 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.

 

 

j)

Seven matters pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to communications from certain Council Members in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

Motion Passed

 

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

 

The Council rises and goes in camera at 4:14 PM, with Mayor J. F. Fontana in the Chair and all Members present except Councillors N. Branscombe and P. Van Meerbergen. 

 

The Committee of the Whole rises and Council resumes in regular session at 5:07 PM with Mayor J.F. Fontana in the Chair and all Members present, except Councillors N. Branscombe, P. Van Meerbergen and J.P. Bryant.

 

Councillor J.P. Bryant enters the meeting at 5:08 PM. 

 

V

RECOGNITIONS

 

1.

His Worship the Mayor and Members of Council recognize the 35th anniversary of Women's Community House.

 

 

2.

His Worship the Mayor accepts an Excellence Award, presented to the City of London for technology support related to the 2013 World Figure Skating Championship, at the Municipal Information Systems Association (MISA) Annual Conference, from J. Edward, I. Mackay and B. Whitelaw.

 

At 5:17 PM, Councillor P. Van Meerbergen enters the meeting.

 

3.

His Worship the Mayor and the Members of Council view a presentation from Skate Canada on the 2013 World Figure Skating Championships and recognize First Nations’ Representatives, Mr. Bill Boland, Director Skate Canada Board and Local Organizing Committee Chair; Skate Canada representatives Jackie Stell-Buckingham, Director of Events; Debbie Wilkes, Director Business Development, Barb MacDonald, Director of Corporate Communications and Mary DeGrasse, Sr. Mgr. Corporate Services and J. Winston and C. Finn of Tourism London for their efforts in making the even successful.

 

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE TENTH MEETING HELD ON MAY 14, 2013

 

Motion made by Councillor J.P. Bryant and seconded by Councillor P. Hubert to Approve the Minutes of the 10th Meeting held on May 14, 2013.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

VII

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor J.L. Baechler and seconded by Councillor P. Hubert to Approve that Council convene as the Approval Authority pursuant to the provisions of the Expropriation Act, R.S.O. 1990, c. E.26, as amended, for the purpose of considering Communication No. 1 from the Manager, Realty Services dealing with the proposed expropriation of lands.

 

Motion Passed

 

1.

Manager, Realty Services - Expropriation of Lands - Hyde Park Road Widening Project - Phase 1 - TS1477-1

 

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve That, the Council of The Corporation of the City of London, as Approving Authority pursuant to the Expropriations Act, R.S.O. 1990, c.E. 26, as amended, on the recommendation of the Manager of Realty Services, with the concurrence of the Managing Director Environmental and Engineering Services and City Engineer, and the Director, Roads and Transportation, the following actions be taken with respect to the expropriation of lands for the Hyde Park Road Widening and Improvement Project – Phase 1, between Oxford Street West and South Carriage Road:

 

a)         the proposed expropriation of land, as described in Appendix ‘A’, attached hereto, in the City of London, County of Middlesex, BE APPROVED; it being noted that the reasons for making the decision are as follows:

 

i)              the subject lands are required by The Corporation of the City of London for the widening of Hyde Park Road;

 

ii)             the design of the project will address the current and future transportation demands along the corridor; and,

 

iii)            the design is in accordance with the Municipal Class Environmental Assessment Study Recommendations for the Hyde Park Road Widening and Improvements accepted by Council on January 10, 2012;

 

b)         a certificate of approval BE ISSUED by the City Clerk, on behalf of the Approving Authority, in the prescribed form;

 

it being noted that there were no requests for a Hearing of Necessity received.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor B. Polhill and seconded by Councillor S.E. White to Approve that the meeting of the Approving Authority be adjourned and that the City Council resume in regular session.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

The meeting of the Approval Authority adjourns and City Council resumes in Regular Session at 5:58 PM.

 

2.

Manager, Realty Services - Expropriation of Lands - Hyde Park Road Widening Project - Phase 1 - TS1477-1

 

Motion made by Councillor M. Brown and seconded by Councillor P. Hubert to Approve that, the Council of The Corporation of the City of London, as Expropriating Authority pursuant to the Expropriations Act, R.S.O. 1990, c.E. 26, as amended, the following actions be taken with respect to the approval by the Approving Authority June 11, 2013 of the proposed expropriation of lands, as required for the Hyde Park Road Widening and Improvements Project – Phase 1, between Oxford Street West and South Carriage Road:

 

a)         the proposed by-law BE INTRODUCED at the Municipal Council meeting on June 11, 2013, by The Corporation of the City of London as Expropriating Authority, with respect to the lands described in Schedule ‘A’, of the staff report dated June 11, 2013;

 

b)         the Civic Administration BE DIRECTED to take all necessary steps to prepare a plan or plans showing the Expropriated Lands and to register such plan or plans in the appropriate registry or land titles office, pursuant to the Expropriations Act. R.S.O. 1990, c. E. 26, within three (3) months of the Approving Authority granting approval of the said expropriation;

 

c)         the City Clerk BE AUTHORIZED to sign on behalf of the Expropriating Authority, the plan or plans as signed by an Ontario Land Surveyor showing the Expropriated Lands; and,

 

d)         the City Clerk BE AUTHORIZED AND DIRECTED to execute and serve the notices of expropriation required by the Expropriations Act, R.S.O. 1990, c. E.26 and such notices of possession that may be required to obtain possession of the Expropriated Lands.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

IX

REPORTS

 

 

10th Report of the Community and Protective Services Committee

Councillor D. Brown presents.

 

Motion made by Councillor D. Brown to Approve clauses 1 to 5, 7 and 8.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor B. Armstrong disclosed a pecuniary interest in clause 9 of this Report, having to do with residential rental units licensing fees, by indicating that he owns rental properties.

 

2.

4th Report of the Accessibility Advisory Committee

 

That the 4th Report of the Accessibility Advisory Committee, from its meeting held on April 25, 2013, BE RECEIVED.

 

3.

6th Report of the London Housing Advisory Committee

 

That the 6th Report of the London Housing Advisory Committee, from its meeting held on May 8, 2013, BE RECEIVED.

 

4.

Approval of Standard Form Facility Rental Contract and Delegation Authority to Execute Facility Rental Contracts

 

That, on the recommendation of the City Manager, the proposed by-law appended to the staff report dated May 27, 2013 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013 to approve and adopt the standard form for Facility Rental Contracts (Schedule 'A' of the proposed by-law) and to authorize the Managing Director, Parks and Recreation, or Designate(s), to insert information and execute contracts which employ the form. 

 

5.

6th Report of the Animal Welfare Advisory Committee

 

That the following actions be taken with respect to the 6th Report of the Animal Welfare Advisory Committee (AWAC), from its meeting held on May 2, 2013:

 

a)         on the recommendation of the AWAC, the Civic Administration BE REQUESTED to provide the actual number of cats and dogs destroyed, in addition to the number of cats and dogs euthanized per 1,000 residents, as noted in the 2013 Animal Services Business Plan Summary; it being noted that the number of animals destroyed increased to 1,647 in 2011, and the AWAC feels that the actual real number, as opposed to the number per 1,000 residents, provides greater transparency; and,

 

b)         clauses 2 to 14, inclusive, BE RECEIVED;

 

it being noted that the Community and Protective Services Committee received a verbal delegation from S. Rans, AWAC Chair, with respect to this matter. 

 

7.

Food Truck Proposal

 

That consideration of the food truck pilot program BE REFERRED to a special meeting of the Community and Protective Services Committee (CPSC), to be held in advance of the June 11, 2013 Municipal Council meeting, with staff to revise the proposed by-law to include consideration of increased licenses to be available, increased locations and menu recommendations; it being noted that the CPSC received the attached presentation from the Manager of Licensing and Municipal Law Enforcement Services;

 

it being pointed out that the following persons made a verbal presentation in connection therewith:

 

  • D. McBurney, #4 – 466 South Street – suggesting that lots of the carts that are at events are “mom and pop” businesses, and shouldn’t be affected; noting concern with the food trucks being in the Downtown area, and creating more unemployment for restaurants; and suggesting that the food trucks go where the market is, as there are lots of areas in the City where people can’t get to restaurants because they are not within walking distance. 
  • B. Ryan, 3 Hammond Crescent – advising that she has provided some information to staff and noting that this proposal will create unemployment with a loss of menial jobs in the restaurant industry; noting that London is known for having the highest per capita number of restaurants, and this proposal will destroy this; suggesting that those restaurants that are in buildings are actually part of their community and a food truck moving from place to place won’t be a community partner; advising that the situation of Richmond Row will cause additional problems and noting concern for health and safety.
  • K. Navakos, 790 William Street – noting disappointment with the lack of imagination in the report, and considering it too restrictive with respect to locations; suggesting that the “lottery” will result in chain-restaurant-type food trucks, rather than creative cuisine because overhead and start-up costs will be high; advising there are lots of creative chefs in the community that will hire additional help and noting that this type of activity is very popular and successful in other cities; encouraging a more creative and less restrictive approach; and suggesting that the community will benefit from a broadened proposal.
  • D. Cooke, Western Fair Farmers’ Market – noting that he is perhaps one of the instigators of this initiative and advising that public spaces are under-serviced;  outlining for the Committee own his business and noting that the proposal is not required for the continued success of his own business, but he believes in the good that could come of this for the community as a whole. 
  • P. Henshaw, 55 Cartier Road – advising that he is interested in a food truck as a second income and that he considers it an exciting opportunity; noting the success of these ventures in other cities; suggesting that this will not detract from restaurants and noting concern for the restrictive locations, adding that it is perhaps okay for a pilot but there’s room for expansion.
  • S. Quigley, Emerging Leaders – noting the proposal is bold and an opportunity to expand businesses; suggesting that entrepreneurs be allowed into the market and that will determine success; suggesting that the proposal is too restrictive and not in synch with the demographic that doesn’t go out before 9 pm; advising that the current proposal is limiting and that the businesses should be chosen based on quality, not a lottery.
  • M. Navakos, Farmers’ & Artisan Market, Western Fair – suggesting that the proposed by-law is restrictive and limits creativity for an exciting initiative; as presented this will allow chain restaurants to gain access to Victoria Park; and suggesting a more sustainable model be piloted. 
  • J. Helmer, 24 Amy Street – advising that he has a website called “Better London” which has garnered 800+ online signatures in support of this initiative and that people are excited; suggesting that the by-law “do less” and be less restrictive, that the pilot should start big and add rules if/when they are required; and commenting that this is a great idea that is being slowed down.

 

 

8.

5th Report of the London Diversity and Race Relations Advisory Committee

 

That the following actions be taken with respect to the 5th Report of the London Diversity and Race Relations Advisory Committee (LDRRAC), from its meeting held on May 16, 2013:

 

a)         on the recommendation of the LDRRAC, the attached Media Relations Protocol for the LDRRAC, BE ADOPTED; it being noted that in the event that race relations and/or diversity-related issues arise, the Protocol would be observed to promote the delivery of a timely, insightful and responsive communication to the City by the LDRRAC members; and,

 

b)         clauses 2 to 8, inclusive, BE RECEIVED.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor D. Brown to Approve that clause 6 be adopted.

 

6.

Licensing of Methadone Pharmacies and Clinics

 

That, on the recommendation of Managing Director of Development and Compliance Services and Chief Building Official, the proposed by-law appended to the staff report dated May 27, 2013, BE INTRODUCED at the Municipal Council meeting on June 11, 2013 to provide for the licensing and regulation of methadone pharmacies and methadone clinics in the City of London; it being noted that the Community and Protective Services Committee received the attached presentation from the Manager of Licensing and Municipal Law Enforcement Services;

 

it being pointed out that the following persons made a verbal presentation in connection therewith:

 

  • D. McBurney, #4 – 466 South Street – extending thanks to staff for the report and recommendation, noting that he is addressing the Committee on behalf of those taking methadone; advising that the cameras and security guards will help individuals using the facilities feel safer and noting that the fees should be higher.
  • D. Warren, #507 – 311 Central – advising that she is a registered nurse and a member of best-practice working group related to methadone, whose goal is to reduce stigmatization of patients; noting that she has over 25 years of addictions experience and has never felt threatened; advising that patients frequently have hesitation in seeking treatment and cameras will affect patient privacy; and suggesting that as a health care provider, she doesn’t feel the by-law is reflective of the reality of the service.
  • Dr. M.L. McDowall – advising that she has a practice in London, and questioning how many other health professionals require licensing within the City; noting that patients are already stigmatized in society and the restrictive by-law will not help this; suggesting that she is speaking to the Committee for those without a voice, and advising that these are the people who need help the most; asking for the evidence-base research behind the by-law’s restrictions to be provided and suggesting that the perception of problems is not adequate.
  • B. Ryan, 3 Hammond Crescent – advising that she was a methadone patient (pain) for over 10 years; suggesting that the guidelines are pretty good, but questioning who the cameras are there to protect. 
  • Dr. G. Sidhu – advising that he is a psychiatrist and addictions specialist, noting that he is already licensed (as all doctors are) by the College of Physicians and Surgeons of Ontario, and that further licensing is not required; noting that in his practice he sees a variety of patients and prescribes a variety of medications, like all doctors throughout the province; suggesting that this by-law is a “witch hunt” and requesting that Council reconsider the by-law; and noting that his practice is already subject to inspection and audit from the College of Physicians, and should not be subject to inspection from municipal bureaucrats.
  • S. Quigley, #6 – 59 Pennybrook Crescent – advising that he has worked in an area with a high addiction population and suggesting that Council has to think about the public outcry about methadone locations in their considerations; noting that cameras create a stigmatization with respect to seeking treatment and create a mental barrier for patients; questioning whether the same requirements are necessary for other medical practitioners in London and requesting that the Committee and Council consider these points very carefully because it will send a very clear message as to how we treat some people with illnesses versus others.

 

Motion made by Councillor D. Brown and seconded by Councillor M. Brown to Approve that clause 6 BE AMENDED in line 2 by deleting the words "the proposed by-law appended to the staff report dated May 27, 2013," and replacing them with the words "the attached proposed revised by-law,".

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor D. Brown and seconded by Councillor P. Hubert to Approve clause 6, as amended.

 

Motion Passed

 

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

 

NAYS: J.L. Baechler, D.G. Henderson, S.E. White (3)

 

Motion made by Councillor S. Orser and seconded by Councillor J.L. Baechler to Approve reconsideration of clause 6, as amended.

 

Motion Passed

 

Motion made by Councillor D. Brown and seconded by Councillor J.B. Swan to Approve clause 6, as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (10)

 

NAYS: S. Orser, J.L. Baechler, D.G. Henderson, S.E. White (4)

 

Clause 6, as amended, reads as follows:

 

That, on the recommendation of Managing Director of Development and Compliance Services and Chief Building Official, the attached proposed revised by-law, BE INTRODUCED at the Municipal Council meeting on June 11, 2013 to provide for the licensing and regulation of methadone pharmacies and methadone clinics in the City of London; it being noted that the Community and Protective Services Committee received the attached presentation from the Manager of Licensing and Municipal Law Enforcement Services;

 

it being pointed out that the following persons made a verbal presentation in connection therewith:

 

  • D. McBurney, #4 – 466 South Street – extending thanks to staff for the report and recommendation, noting that he is addressing the Committee on behalf of those taking methadone; advising that the cameras and security guards will help individuals using the facilities feel safer and noting that the fees should be higher.
  • D. Warren, #507 – 311 Central – advising that she is a registered nurse and a member of best-practice working group related to methadone, whose goal is to reduce stigmatization of patients; noting that she has over 25 years of addictions experience and has never felt threatened; advising that patients frequently have hesitation in seeking treatment and cameras will affect patient privacy; and suggesting that as a health care provider, she doesn’t feel the by-law is reflective of the reality of the service.
  • Dr. M.L. McDowall – advising that she has a practice in London, and questioning how many other health professionals require licensing within the City; noting that patients are already stigmatized in society and the restrictive by-law will not help this; suggesting that she is speaking to the Committee for those without a voice, and advising that these are the people who need help the most; asking for the evidence-base research behind the by-law’s restrictions to be provided and suggesting that the perception of problems is not adequate.
  • B. Ryan, 3 Hammond Crescent – advising that she was a methadone patient (pain) for over 10 years; suggesting that the guidelines are pretty good, but questioning who the cameras are there to protect. 
  • Dr. G. Sidhu – advising that he is a psychiatrist and addictions specialist, noting that he is already licensed (as all doctors are) by the College of Physicians and Surgeons of Ontario, and that further licensing is not required; noting that in his practice he sees a variety of patients and prescribes a variety of medications, like all doctors throughout the province; suggesting that this by-law is a “witch hunt” and requesting that Council reconsider the by-law; and noting that his practice is already subject to inspection and audit from the College of Physicians, and should not be subject to inspection from municipal bureaucrats.
  • S. Quigley, #6 – 59 Pennybrook Crescent – advising that he has worked in an area with a high addiction population and suggesting that Council has to think about the public outcry about methadone locations in their considerations; noting that cameras create a stigmatization with respect to seeking treatment and create a mental barrier for patients; questioning whether the same requirements are necessary for other medical practitioners in London and requesting that the Committee and Council consider these points very carefully because it will send a very clear message as to how we treat some people with illnesses versus others.

 

Motion made by Councillor D. Brown to Approve clause 9.

 

9.

Residential Rental Units Licensing Fees

 

That, on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official, a public participation meeting BE HELD at a future meeting of the Community and Protective Services Committee to consider:

 

a)         a $55.00 fee for new applications and renewal applications, in an effort to achieve full cost recovery of the Residential Rental Units Licensing (RRUL) program; and

 

b)         no additional fee to be charged for multiple rental units, for new or renewal RRUL applications.  (2013-P09)

 

Motion Passed

 

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

 

NAYS: S.E. White (1)

 

RECUSED: B. Armstrong, J.P. Bryant (2)

 

 

11th Report of the Community and Protective Services Committee

Councillor D. Brown presents.

 

Motion made by Councillor D. Brown to Approve clauses 1 and 2.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Food Truck Proposal

 

That the matter of a City-wide food truck pilot program BE REFERRED back to the Civic Administration for further refinements to the proposed by-law including, but not limited to, additional considerations such as menu revisions and/or evaluation criteria, proponent selection parameters, a more creative proposal solicitation, locations, etc. in order to ensure the program will be successful.

 

Motion made by Councillor P. Hubert and seconded by Councillor S. Orser to Amend clause 2 by adding the following at the end of the clause, "it being noted that notwithstanding the referral back related to this proposal, the Civic Administration will work with a specific proponent to accommodate an immediate use of a proposed food truck, within the current regulations."

 

Motion Passed

 

YEAS: J.F. Fontana, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D. Brown, J.P. Bryant (8)

 

NAYS: B. Polhill, B. Armstrong, D.G. Henderson, P. Van Meerbergen, H.L. Usher, S.E. White (6)

 

Motion made by Councillor D. Brown and seconded by Councillor P. Hubert to Approve clause 1 and clause 2, as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, D. Brown, H.L. Usher, J.P. Bryant (11)

 

NAYS: J.B. Swan, P. Van Meerbergen, S.E. White (3)

 

Clause 2, as amended, read as follows:

 

2.        That the matter of a City-wide food truck pilot program BE REFERRED back to the Civic Administration for further refinements to the proposed by-law including, but not limited to, additional considerations such as menu revisions and/or evaluation criteria, proponent selection parameters, a more creative proposal solicitation, locations, etc., in order to ensure the program will be successful; it being noted that notwithstanding the referral back related to this proposal, the Civic Administration will work with a specific proponent to accommodate an immediate use of a proposed food truck, within the current regulations.

 

At this time, His Worship the Mayor presents the Tim Hickman Memorial Health and Safety Scholarship to Angela Bobbett.

 

Motion made by Councillor J.L. Baechler and seconded by Councillor J.B. Swan to Recess.

 

The Council recesses at 7:12 PM and reconvenes at 8:10 PM with Mayor J.F. Fontana in the Chair and all Members present except Councillor N. Branscombe. 

 

 

15th Report of the Corporate Services Committee

Councillor J.B. Swan presents.

 

Motion made by Councillor J.B. Swan to Approve clauses 1 and 2.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

General Discussion

 

That it BE NOTED that the Corporate Services Committee held general discussions with The Honourable D. Matthews, MPP; T. Armstrong, MPP and J. Yurek, MPP with respect to the following matters:

 

a)         Budget

 

i)          Provincial Budget       

ii)         City of London Pre-Budget Submission to the Ontario Standing Committee on Finance

 

b)         Provincial Infrastructure Plan

 

c)         Bus Rapid Transit

 

d)         Integration of Education, Child Care and Early Learning Systems; and       

 

e)         Interest Arbitration Reform

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

 

16th Report of the Corporate Services Committee

Councillor J.B. Swan presents.

 

Motion made by Councillor J.B. Swan to Approve clause 9.

 

9.

How Post-Secondary Students can become more involved in Municipal Government

 

That the Civic Administration BE DIRECTED to utilize the services of student interns to assist with implementing the various recommendations pertaining to the increased engagement of post-secondary students in local government by September 2013, as detailed in the communication appended as Item #9 on the Corporate Services Committee’s May 28, 2013 Agenda, from A. Fearnall, President, University Students’ Council, Western University; it being noted that A. Fearnall and A. Gourlay, President, Fanshawe Student Union, gave a verbal overview with respect to this matter.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor J.B. Swan to Approve clauses 1 to 7, and clauses 12 to 18.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Civic Administration By-law A-44 Amendment

 

That, on the recommendation of the City Manager, the proposed by-law appended to the staff report dated May 28, 2013 BE INTRODUCED at the Municipal Council meeting on June 11, 2013 for the purpose of amending By-law No. A-44, “A by-law respecting the Civic Administration”, by amending the title “Managing Director, Housing and Social Services” to “Managing Director, Housing, Social Services and Dearness Home”.

 

3.

Reserve Funds Housekeeping

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to reserve funding housekeeping:

 

a)         the roles and responsibilities for the establishment of, contribution to, drawdown from and windup of reserves and reserve funds, as contained in the staff report dated May 28, 2013, BE ENDORSED; it being noted that the City Treasurer, Chief Financial Officer or designate will uphold those roles and responsibilities;

 

b)         the following actions be taken with respect to various reserve funds:

 

i)          the Public Sector Major Grants Reserve Fund BE CLOSED and the remaining balance BE TRANSFERRED to the Economic Development Reserve Fund, once all commitment payments have been made; it being noted that the Economic Development Reserve Fund Plan includes funding for both Fanshawe College and Western University;

ii)         the City Services Solid Waste Reserve Fund BE CLOSED and  the remaining balance BE TRANSFERRED to the City Services Growth Studies Reserve Fund;  

iii)         the City Services Public Works Reserve Fund BE CLOSED and the remaining balance BE TRANSFERRED to the City Services Roads Reserve Fund;

iv)        the Westminster Road Improvements Reserve Fund BE CLOSED and the remaining balance BE TRANSFERRED to the City Services Roads Reserve Fund;

v)         the Westminster Road Legal Reserve Fund BE CLOSED and the remaining balance BE TRANSFERRED to the City Services Growth Studies Reserve Fund;

vi)        the Westminster Frontend Reserve Fund BE CLOSED and the remaining balance BE TRANSFERRED to the City Services Growth Studies Reserve Fund; and,

 

c)         the proposed by-law included as Appendix A to the staff report dated May 28, 2013 to repeal the by-law establishing the Public Sector Major Grants Reserve Fund BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013; it being noted that the reserve funds recommended for closure in recommendations b) ii) through b) vi), above, do not have active by-laws due to the nature of when and how they were created;

 

d)         the proposed by-laws included as Appendix B to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting on June 11, 2013 to establish the following reserve funds:

 

i)          the Technology Services Reserve Fund;

ii)          the Material Recovery Facility Reserve Fund;

iii)         the Water Customer Assistance Reserve Fund;

iv)        the Parking Facilities Reserve Fund; and,

v)         the Municipal Affordable Homeownership Revolving Loan Reserve Fund.

 

4.

2013 Debenture Issuance

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer BE AUTHORIZED to proceed with the issue of debentures to provide permanent financing for capital works in an amount not to exceed $50,000,00, as detailed in Appendix A to the staff report dated May 28, 2013, through debentures in the capital markets, with the flexibility to postpone the issuance for unfavourable market conditions.

 

5.

Electronic Bid Document Distribution for Procurement Implementation Plan

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated May 28, 2013 outlining the transition from the current method of Electronic Bid Document Distribution via the City’s Website to Biddingo, BE RECEIVED for information.

 

6.

2013 World Figure Skating Championships - City of London Capital Projects and Operational Support Review

 

That the following actions be taken with respect to the report dated May 28, 2013 regarding the 2013 World Figure Skating Championships:

 

a)         the report BE RECEIVED for information; and

 

b)         the Civic Administration BE REQUESTED to report back, as soon as possible, with details as to what a $100,000 investment by the City of London in the 2014 Memorial Cup might generate in terms of reciprocal benefit to the community;

 

it being noted that the Corporate Services Committee heard a verbal delegation from J. Winston, Tourism London and the Director of Water and Wastewater with respect to this matter.

 

7.

Request from O.C. Holdings '87 Inc. to Extend its Option over Parts 2, 3 and 4, Plan 33R-17213 - Innovation Park, Phase 1

 

That, on the recommendation of the Manager Realty Services, the following actions be taken:

 

a)         the request submitted by O. C. Holdings ‘87 Inc. to extend its option to purchase until May 1, 2015, on approximately 10.24 acres of land located on the east side of Innovation Drive, described as Parts 2, 3 and 4, Plan 33R-17213, as outlined on the location map attached as Schedule “C” to this report, BE APPROVED; and

 

b)         the proposed by-law (Appendix “B”) appended to the staff report dated May 28, 2013 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to approve this request and to authorize the Mayor and the City Clerk to execute the Amended Option Agreement.

 

12.

Expenditure Above Market Threshold

 

That the Covent Garden Market BE AUTHORIZED to spend an amount of approximately $37,000, plus HST, to replace the existing sweeper utilized by the Covent Garden Market. 

 

13.

Appointment to the London Advisory Committee on Heritage

 

That the following individuals BE APPOINTED to the London Advisory Committee on Heritage for the term ending February 28, 2015:

 

Voting:

 

•           Sarah A. Stephens (Member at Large)

•           Derek Dudek (London Home Builders' Association)

 

14.

Appointment to the Animal Welfare Advisory Committee

 

That the following individual BE APPOINTED to the Animal Welfare Advisory Committee for the term ending February 28, 2015:

 

Voting:

 

•           Joan Lalonde (Member at Large)

 

15.

Appointment to the London Diversity and Race Relations Advisory Committee

 

That the following individuals BE APPOINTED to the London Diversity and Race Relations Advisory Committee for the term ending February 28, 2015:

 

Voting:

 

•           Adriana Medina (Member at Large)

•           Ian Silver (Member at Large)

•           Darrin Wettlaufer (Member at Large)

 

16.

Resignation from the London Diversity and Race Relations Advisory Committee

 

That the communication dated May 13, 2013 from Sheila Wilson, resigning her appointment to the London Diversity and Race Relations Advisory Committee, BE ACCEPTED and Ms. Wilson BE THANKED for participating on the Committee.

 

17.

Resignation from the Animal Welfare Advisory Committee

 

That the communication dated May 1, 2013 from Lois Jackson, resigning her appointment to the Animal Welfare Advisory Committee, BE ACCEPTED and Ms. Jackson BE THANKED for participating on the Committee.

 

18.

Resignation from the London Advisory Committee on Heritage

 

That the communication dated April 17, 2013 from George Goodlet, resigning his appointment to the London Advisory Committee on Heritage, BE ACCEPTED and Mr. Goodlet BE THANKED for participating on the Committee.

 

 

Motion made by Councillor P. Hubert and seconded by Councillor H.L. Usher to Approve that clause 4 be amended in the fifth line by correcting the amount to read “$50,000,000.”.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

The motion to adopt clauses 1 to 3, clause 4, as amended, clauses 5 to 7 and clauses 12 to 18 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Clause 4, as amended, reads as follows:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer BE AUTHORIZED to proceed with the issue of debentures to provide permanent financing for capital works in an amount not to exceed $50,000,000, as detailed in Appendix A to the staff report dated May 28, 2013, through debentures in the capital markets, with the flexibility to postpone the issuance for unfavourable market conditions.

 

Motion made by Councillor J.B. Swan to Approve clause 11.

 

11.

Sponsorship Request - Girl Power - Veterans Memorial Parkway Community Program

 

That the communication dated April 30, 2013 from Councillor S. E. White requesting approval of sponsorship funding for Girl Power to undertake a tree planting project along the Veterans Memorial Parkway, in partnership with Landscape Ontario, BE NOTED AND FILED.

 

Motion made by Councillor J.B. Swan and seconded by Councillor S.E. White to Approve an amendment to clause 11 by adding the following wording at the end of the clause, “it being noted that an email has been sent to individual Councillors, relating to sponsorship of this initiative.”

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

The motion to adopt clause 11, as amended, is put.

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

Clause 11, as amended, reads as follows:

 

That the communication dated April 30, 2013 from Councillor S. E. White requesting approval of sponsorship funding for Girl Power to undertake a tree planting project along the Veterans Memorial Parkway, in partnership with Landscape Ontario, BE NOTED AND FILED; it being noted that an email has been sent to individual Councillors, relating to sponsorship of this initiative.

 

Motion made by Councillor J.B. Swan to Approve clause 8.

 

8.

OLG Charitable Bingo and Gaming Revitalization Initiative (E-Bingo) - Municipality Agreement

 

That the following actions be taken with respect to the Ontario Lottery and Gaming Corporation’s (OLG) Charitable Bingo and Gaming Revitalization Initiative (E-Bingo):

 

a)         a public participation meeting BE HELD by the Corporate Services Committee with respect to the potential introduction of an E-Bingo site within the City of London, with notice to be circulated to Charity Associations, charities, Bingo Hall operators, the OLG, and relevant social service agencies, in order to seek stakeholder input in determining if the City of London should proceed with entering into a Charitable Gaming Centre Municipality Agreement for Forest City Bingo; and

 

b)         representatives of the OLG BE INVITED to a future meeting of the Investment and Economic Prosperity Committee to provide information regarding its broader plan for gaming in municipalities.

 

Pursuant to section 12.3 of the Council Procedure By-law, Councillor P. Hubert calls for a separate vote on parts a) and b) of clause 8.

 

The motion to Approve part a) of clause 8 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Van Meerbergen, D. Brown, H.L. Usher (10)

 

NAYS: P. Hubert, D.G. Henderson, J.P. Bryant, S.E. White (4)

 

The motion to Approve part b) of clause 8 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor J.B. Swan to Approve that clause 10 be adopted.

 

10.

Council Service London Team

 

That the City Clerk BE DIRECTED to report back to the Corporate Services Committee by September 2013, with respect to details of a Council Service London Team that is premised on a semi-independent support model, similar to that found in the City of Mississauga, with details to include:

 

a)         establishment of a budget of approximately $30,000 for each Council Member, half of which could only be used to acquire additional administrative support, while the other half of the budget could also be used for that purpose, in addition to any other expenses as permitted by Council Policy; and

 

b)         cost and staffing implications of moving towards a semi-independent support model.

 

Motion made by Councillor M. Brown and seconded by Councillor J.B. Swan to Approve that clause 10 BE AMENDED in the first line of part a) by deleting the word “approximately” and by replacing it with the words "up to", before the figure $30,000 and by adding after the amount of “$30,000” the words “, within the existing budget for the Councillors’ Office”.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, D. Brown, J.P. Bryant (11)

 

NAYS: P. Van Meerbergen, H.L. Usher, S.E. White (3)

 

Motion made by Councillor J.B. Swan and seconded by Councillor S. Orser to Approve clause 10 as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, D. Brown, J.P. Bryant (11)

 

NAYS: P. Van Meerbergen, H.L. Usher, S.E. White (3)

 

Clause 10, as amended, reads as follows:

 

That the City Clerk BE DIRECTED to report back to the Corporate Services Committee by September 2013, with respect to details of a Council Service London Team that is premised on a semi-independent support model, similar to that found in the City of Mississauga, with details to include:

 

a)         establishment of a budget of up to $30,000, within the existing budget for the Councillors’ Office, for each Council Member, half of which could only be used to acquire additional administrative support, while the other half of the budget could also be used for that purpose, in addition to any other expenses as permitted by Council Policy; and

 

b)         cost and staffing implications of moving towards a semi-independent support model.

 

 

17th Report of the Corporate Services Committee

Councillor J.B. Swan presents.

 

Motion made by Councillor J.B. Swan to Approve clauses 1 to 7 and the following new clause 8, under “Part V. “Deferred Matters/Additional Business”.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor J.B. Swan disclosed a pecuniary interest in clause C-1 of the Confidential Appendix to this Report having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; 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.

 

2.

Councillor S. Orser - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to a communication dated June 4, 2013 from Councillor S. Orser in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

3.

Councillor B. Polhill - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to a communication dated June 6, 2013 from Councillor B. Polhill in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

4.

Councillor S. White - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to a communication dated June 6, 2013 from Councillor S.E. White in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

5.

Mayor J. F. Fontana - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to a communication dated June 10, 2013 from Mayor J.F. Fontana in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

6.

Councillor D. Henderson - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to a communication dated June 10, 2013 from Councillor D. Henderson in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

7.

Councillor J.B. Swan - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to the attached communication dated June 11, 2013 from Councillor J.B. Swan in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

8.

Councillor P. Van Meerbergen - Request for Lawyer - Council Member Indemnification

 

That it BE NOTED that the Corporate Services Committee received advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to the attached communication dated June 11, 2013 from Councillor P. Van Meerbergen in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

 

11th Report of the Civic Works Committee

Councillor P. Van Meerbergen presents.

 

Motion made by Councillor P. Van Meerbergen to Approve clauses 1, 2, 4 and 6 to 9 and 11 to 14.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

4th Report of the Transportation Advisory Committee

 

That the 4th Report of the Transportation Advisory Committee, from its meeting held on May 7, 2013, BE RECEIVED.

 

4.

Household Special Waste Program Update.

 

That, on the recommendation of the Director, Environment, Fleet & Solid Waste, the following actions be taken with respect to the Household Special Waste Program:

 

a)         the proposed by-law as appended to the staff report dated May 27, 2013, BE INTRODUCED at the Municipal Council meeting of June 11, 2013 to approve an agreement with the Recycling Council of Ontario to fund a portion of the City’s Household Special Waste Program and to authorize the Mayor and the City Clerk to execute the Agreement;

 

b)         staff BE DIRECTED to expand the service area of the Household Special Waste Depot to include Elgin County; it being noted that Council will need to approve agreements with individual municipalities before their residents can use the Depot on a full cost recovery basis; and,

 

c)         Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter. (2013-E07)

 

6.

Environmental Activity and Sector Registry (EASR) Regulation for Landfill Gas Power Generating Facilities

 

That, on the recommendation of the Director of Environment, Fleet and Solid Waste, the comments and discussion contained in the staff report dated May 27, 2013 BE ENDORSED and BE SUBMITTED by City staff to the Ministry of the Environment’s Environmental Bill of Rights Registry posting (EBR 011-8592) titled “Environmental Activity and Sector Registry (EASR) Regulation for Landfill Gas Power Generating Facilities”; it being noted that the City generally supports the Province of Ontario’s overall direction to simplify the process for approving relatively low-risk and low-impact landfill gas power plant projects; it being understood that because the due date for comments is May 31, 2013, the attached comments will be forwarded to the Ministry immediately, with a formal Council resolution to follow after the June 11, 2013 Council meeting.  (2013-E02)

 

7.

2013 Infrastructure Lifecycle Renewal Program Contract #1 - Gosvenor Street Reconstruction (Contract Award: Tender 13-34)

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the award of contracts for the 2013 Lifecycle Renewal Program, Contract #1: Grosvenor Street Reconstruction Project (ES2464-13, EW3765-13):

 

a)         the bid submitted by Van Bree Drainage and Bulldozing Limited (Van Bree), 7074 Nauvoo Road, Warwick Township, ON, N0N 1J4, at its corrected tendered price of $1,466,271.90 (excluding H.S.T.), for the 2013 Infrastructure Lifecycle Renewal Program, Contract #1 project, BE ACCEPTED; it being noted that the bid submitted by Van Bree was the lowest of eight bids received and meets the City's specifications and requirements in all areas;

 

b)         Stantec Consulting Ltd. (Stantec), 800 – 171 Queens Avenue London, ON, N6A 5J7, BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $175,340.00 (excluding H.S.T.), based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy; it being noted that this firm completed the engineering design;

 

c)         minor future additional annual operating costs of $900.00 BE RECOGNIZED as a result of this project; it being noted that these costs are as a result of new infrastructure installation, and will be considered and accommodated within future Wastewater Operating Budgets;

 

d)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 27, 2013;

 

e)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

f)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 13-34); and,

 

g)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2013-L04)

 

8.

Ontario One Call and Utility Locates

 

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the Ontario One Call initiative:

 

a)         a contracted service delivery model for the provision of underground utility locates BE CONTINUED; and,

 

b)         future additional operating costs for the mandatory Ontario One Call service, estimated in the amount of $22,000, BE APPROVED as a first priority from available assessment growth in 2014, subject to Budget approval.  (2013-E06)

 

9.

Amendments to the Traffic and Parking By-law

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer the following actions be taken with respect to amendments to the Traffic and Parking By-law:

 

a)         the proposed by-law appended to the staff report dated May 27, 2013 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013 for the purpose of amending the Traffic and Parking By-law (P.S. 111); and,

 

b)         the proposed by-law appended to the staff report dated May 27, 2013 as Appendix “B”, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013 for the purpose of amending the Traffic and Parking By-law (P.S. 111) with respect to temporary changes on Bruce Street effective September 20, 2013.  (2013-C01)

 

11.

T13-56 Supply and Delivery of Polymers - Wastewater Treatment

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken with respect to the Supply and Delivery of Polymers for Wastewater Treatment (T13-56):

 

a)         the bid submitted by BASF Canada Inc., 100 Milverton Dr., 5th Floor, Mississauga, ON  L5R 4H1 at its tendered price of $1,242,052.99 (excluding HST), for the supply and delivery of Polymers at the Wastewater Treatment Plants  BE ACCEPTED; it being noted that the bid submitted by BASF Canada Inc., was the lowest of three bids received and  meets the City’s requirements in all areas;

 

b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and,

 

c)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to the subject matter of this approval.  (2013-E07)

 

12.

Traffic Marking Paint Single Source SS13-24

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken with respect to the Traffic Marking Paint Single Source (SS13-24):

 

a)         approval hereby BE GIVEN to enter into a supply contract for 2013 for the supply and delivery of White and Yellow Traffic Marking Paint with Ennis Paint Canada ULC, 850 McKay Road, Pickering, ON  L1W 2Y4;

 

b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and,

 

c)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order relating to the subject matter of this approval.  (2013-L04B)

 

13.

Appointment of Consulting Engineers Infrastructure Lifecycle Renewal Program 2014-2015

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the appointment of Consulting Engineers for the 2014-2015 Infrastructure Lifecycle Renewal Program (ES2414-12, ES2464-11, EW3765-13, TS1446-12, TS5123-12, TS4067-13):

 

a)         the following Consulting Engineering firms BE APPOINTED Consulting Engineers for the pre-design and design of the said projects, in the amounts identified below, in accordance with the estimate on file, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 of the City of London’s Procurement of Goods and Services Policy; it being noted that these consultants shall obtain approval to proceed with subsequent phases of engineering for their projects subject to satisfying all financial, reporting and other conditions contained within this Policy:

 

i)          Contract 1: Spriet Associates, 155 York Street, London ON, N6A 1A8 in the amount of $214,203.00, exclusive of HST;

 

ii)         Contract 2: R.V. Anderson Associates Limited, 557 Southdale Road East Suite 200 in the amount of $174,625.00, exclusive of HST;

 

iii)         Contract 3: AECOM Canada Ltd., 285 King Street, Suite 300, London ON,  N6B 3M6, in the amount of $284,245.50, exclusive of HST;

 

iv)        Contract 4: Archibald, Gray & McKay Engineering Limited, 3514 White Oak Road, London ON,  N6E 2Z9, in the amount of $216,436.00, exclusive of HST;

 

v)         Contract 5: Stantec Consulting Ltd, 800-171 Queens Avenue, London, ON, N6A 5J7, in the amount of $245,338.50, exclusive of HST;

 

vi)        Contract 6: IBI Group 350 Oxford Street West, Suite 203, London, ON, N6H 1T3, in the amount of $128,832.55 exclusive of HST;

 

vii)       Contract A: AECOM Canada Ltd., 285 King Street, Suite 300, London ON,  N6B 3M6, in the amount of $124,454.00 exclusive of HST;

 

viii)       Contract B: Dillon Consulting Ltd., 130 Dufferin Avenue, Suite 1400, London, ON, N6A 5R2, in the amount of $195,965.00, exclusive of HST;

 

ix)        Contract C: Archibald, Gray & McKay Engineering Limited, 3514 White Oak Road, London ON,  N6E 2Z9, in the amount of $204,094.00 exclusive of HST;

 

x)         Contract D: Delcan Corporation, 1069 Wellington Road South, Suite 214, London ON, N6E 2H6, in the amount of $190,358.30, exclusive of HST; and,

 

xi)        Contract E: Dillon Consulting Ltd., 130 Dufferin Avenue, Suite 1400, London, ON, N6A 5R2, in the amount of $74,800.00 exclusive of HST;

 

b)         the financing for design of the projects identified in (a), above, BE APPROVED in accordance with the Sources of Financing Report as appended to the staff report dated May 27, 2013;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this program;

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with each Consultant for the respective project; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2013-A05)

 

14.

Amendments to Fees and Charges By-law A-46 to Include a Fee Related to Permits for Approved Works and Application Fee for Commemorative Streets Requests

 

That, on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated May 27, 2013, BE INTRODUCED at the Municipal Council meeting on June 11, 2013 to amend By-law No. A-46, as amended, entitled “A by-law to provide for Various Fees and Charges” in order to include fees related to commemorative street requests and also permit applications for approved works, where the works do not involve road cuts, traffic management plans or disruptions within the travelled portion of the roadway; it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.  (2013-C01)

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor P. Van Meerbergen to Approve clause 3.

 

3.

Bradley Avenue Pedestrian Tunnel Illumination

 

That, on the recommendation of the Director, Roads & Transportation, NO ACTION BE TAKEN with respect to replacing the lighting in the vicinity of the Bradley Avenue pedestrian tunnel. (2013-T01)

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor P. Van Meerbergen to Approve clause 5.

 

5.

W12A Landfill Community Mitigative Measures Fund - Glanworth Avenue

 

That, on the recommendation of the Director, Environment, Fleet, & Solid Waste, and the W12A Landfill Public Liaison Committee, funding of $15,000 BE APPROVED from the W12A Landfill Community Mitigative Measures Fund for the Glanworth Library Revitalization Project, subject to the project resulting in a continuation of library services in Glanworth.  (2013-F11)

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor P. Van Meerbergen to Approve clause 10.

 

10.

Trowbridge Avenue Parking Passes/Residential Parking Pass Pilot Program

 

That, the following actions be taken with respect to Trowbridge Avenue Parking Passes and the Residential Parking Pass Pilot Program:

 

a)         NO ACTION BE TAKEN with respect to changing the parking regulations on Trowbridge Avenue (all), Mary Avenue (all) and Pinewood Drive from Mary Avenue to Randol Drive; and,

 

b)         the Civic Administration BE DIRECTED to discontinue the Residential Parking Pass Pilot Program within the City of London, for the purpose of achieving a consistent approach throughout the City, and to provide adequate notice of the Program’s discontinuation to those areas currently participating in the Residential Parking Pass Pilot Program.  (2013-T02)

 

Motion made by Councillor D. Brown and seconded by Councillor J.B. Swan to Defer of consideration of clause 10 to the next meeting of Municipal Council, in order for the Ward Councillor to be in attendance to participate in the debate.

 

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor P. Van Meerbergen to Approve clause 15.

 

15.

Southwest Area Plan - Service Policies and Plans

 

That the Civic Administration BE DIRECTED to report back as soon as possible, to the appropriate committee, with respect to servicing policies and plans related to the Southwest Area Plan.  

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

 

13th Report of the Planning and Environment Committee

Councillor B. Polhill presents.

 

Motion made by Councillor B. Polhill to Approve clauses 1 to 22.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

4th Report of the Trees and Forests Advisory Committee

 

That the following actions be taken with respect to the 4th Report of the Trees and Forests Advisory Committee from its meeting held on April 24, 2013:

 

a)         the Managers of Parks Operations, Parks Planning and Design and Risk Management BE REQUESTED to review the City’s safety standards for the possible inclusion of adult activity equipment in parks, trails and recreation areas; it being noted that the Trees and Forests Advisory Committee received a product catalogue and presentation from B. Bekkers, Landmark by Crozier, with respect to this matter; and,

 

b)         clauses 2 to 8, inclusive, BE RECEIVED.

 

3.

5th Report of the Advisory Committee on the Environment

 

That the 5th Report of the Advisory Committee on the Environment from its meeting held on May 1, 2013 BE RECEIVED.

 

4.

City of London Urban Design Awards Policy

 

That, on the recommendation of the Managing Director, Planning and City Planner, the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Council Policies 19(35) and 19(35A), relating to the City of London Urban Design Awards, to ensure that the program aligns with the Royal Architecture Institute of Canada’s (RAIC) National Urban Design Awards program. (2013-C01)

 

5.

Technical Amendment to the Telecommunication Facilities Consultation Policy (O-7881)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend the Telecommunication Facilities Consultation Policy to provide an exemption for amateur radio antenna support structures. (2013-C01)

 

6.

Emerald Ash Borer Program Status Report

 

That the following actions be taken with respect to  an update on the Emerald Ash Borer Program:

 

a)         the Civic Administration BE REQUESTED to identify tree planting capacities and to report back to a future meeting of the appropriate Standing Committee;

 

b)         the Civic Administration BE REQUESTED to submit an updated business plan with respect to this matter as part of the 2014 Budget process; it being noted that the business plan should provide information pertaining to the necessity for replanting trees; and,

 

c)         the Civic Administration BE REQUESTED to report back on the possible establishment of a program where the Development Industry may be required to plant two trees for every tree it removes and/or establish a cash-in-lieu fund.

 

7.

Property located at 4448 Colonel Talbot Road (H-8085)

 

That, on the recommendation of the Manager, Development Services and Planning Liaison, based on the application of SJMA Architecture Inc., relating to the property located at 4448 Colonel Talbot Road, the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 4448 Colonel Talbot Road FROM a Holding Arterial Commercial Special Provision (h-5•h-17•h-18•h-42•AC2(6)) Zone TO a Holding Arterial Commercial Special Provision (h-17•AC2(6)) Zone to remove the holding “h-5”, “h-18” and “h-42” provisions. (2013-D14B)

 

8.

Subdivision Assignment Agreement - 160 Sunningdale Road West Ltd. - Tricar Subdivision (Phase 2) (39T-11504)

 

That, on the recommendation of the Manager, Development Planning, Development Services, the following actions be taken with respect to entering into a subdivision assignment agreement between The Corporation of the City of London and Norquay Sunningdale Land Corp., for the subdivisions of land over Part of Lot 41, Registrar’s Compiled Plan 1029, (Geographic Township of London), City of London, County of Middlesex, situated on the south side of Sunningdale Road West, on the west side of Richmond Street and  Meadowlands Way:

 

a)         the Assignment Agreement for the Tricar Subdivision (Phase 2) (39T-11504), as appended to the staff report dated May 28, 2013, between The Corporation of the City of London and Norquay Sunningdale Land Corp. BE APPROVED;

 

b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions; and,

 

c)         the execution of this Assignment Agreement by the City BE DELAYED until such time that the owner has provided the City with a copy of the Transfer document as proof of the purchase and sale.   (2013-L04)

 

9.

Special Provisions - 160 Sunningdale Road West Ltd. - Tricar Subdivision (Phase 2) (39T-11504)

 

That, on the recommendation of the Manager, Development Planning, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and 160 Sunningdale Road West Ltd., for the subdivisions of land over Part of Lot 41, Registrar’s Compiled Plan 1029, (Geographic Township of London), City of London, County of Middlesex, situated on the south side of Sunningdale Road West, on the west side of Richmond Street and  Meadowlands Way:

 

a)            the Special Provisions, as appended to the staff report dated May 28, 2013, to be contained in a Subdivision Agreement between The Corporation of the City of London and 160 Sunningdale Road West Ltd. for the Tricar Subdivision, (Phase 2) (39T-11504) BE APPROVED;

 

b)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” provided as Schedule “B” to the associated staff report, dated May 28, 2013;

 

c)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions; and,

 

d)         the Municipal Council BE ADVISED that the applicant has entered into a purchase and sale agreement with Norquay Sunningdale Land Corp.; it being noted that an assignment agreement is being presented to the Planning and Environment Committee meeting to be held on May 28, 2013, in a separate report.   (2013-L04)

 

10.

Subdivision Agreement - Old Victoria No. 2 SWM facility - Sifton Properties Limited (39T-09502)

 

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Sifton Properties Limited, for the subdivisions of land over Part of Lots 8 and 9 Broken Front Concession “B” and part of the Road Allowance between Concession 1 and Broken Front Concession “B”, (Geographic Township of Westminster), City of London, County of Middlesex, municipally referred to as 1603 Hamilton Road:

 

a)         the Subdivision Agreement, as appended to the staff report dated May 28, 2013, between The Corporation of the City of London and Sifton Properties Limited (39T-09502), BE APPROVED;

 

b)         the financing for this project BE APPROVED in accordance with the “Sources of Financing” provided as Appendix “A” as appended to the staff report dated May 28, 2013;

 

c)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions; and,

 

d)         the Municipal Council BE ADVISED that the following anticipated reimbursements from the Capital Works Budget have been negotiated:

 

e)         for lands dedicated to the City for the construction of Old Victoria No. 2 SWM Facility, (being Block 153 of  the Draft Approved Plan 39T-09502), the estimated cost of which is $252,254.38, (1.007 ha) at $247,100/hectare ($100,000/acre) and 0.252 ha at $13,590/ hectare ($5,500/acre), plus applicable taxes.  (2013-L04)

 

11.

Special Provisions - Highland Green London Inc. - Highland Green Subdivision - 181-199 Commissioners Road East (39T-08501)

 

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Highland Green London Inc., for the subdivisions of land over Part of Lot 28, Concession 1, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the south side of Commissioners Road East between Carnegie Lane and Upper Queens, municipally known as 181-199 Commissioners Road East:the Special Provisions, as appended to the staff report dated May 28, 2013 as Schedule “C”, to be contained in a Subdivision Agreement between The Corporation of the City of London and Highland Green London Inc. for the Highland Green Subdivision; (39T-08501) BE APPROVED;

 

a)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” provided as Schedule “B” to the associated staff report, dated May 28, 2013; and,

 

b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions.   (2013-L04)

 

12.

Property located at 3557 Colonel Talbot Road - North Lambeth Subdivision - Extension to Draft Plan of Subdivision Approval (39T-00510)

 

That, on the recommendation of the Senior Planner, Development Services, the Approval Authority BE ADVISED that the Municipal Council supports a six (6) month extension of draft approval for draft approved plan 39T-00510, submitted by Oliver and Associates Realty Inc., relating to the property located at 3557 Colonel Talbot Road, SUBJECT TO the previously imposed conditions. (2013-D12)

 

13.

Riverbend South Secondary Plan

 

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to a request by Sifton Properties Limited to proceed with the preparation of the River Bend South Secondary Plan:

 

a)         the previously established Terms of Reference BE UPDATED and presented at a public participation meeting of the Planning and Environment Committee in July, 2013;

 

b)         upon adoption of the Terms of Reference, noted in part a), above, by the Municipal Council, Sifton Properties Limited BE REQUESTED to update the required background studies and complete the Secondary Plan process, with input from the City of London, in accordance with the approved Terms of Reference;

 

c)         final approval for the Secondary Plan BE WITHHELD until such time as the Part II Order issues, relating to the Tributary ‘C’ Municipal Class EA, have been resolved;

 

d)         subdivision concept plans BE CIRCULATED as part of the Secondary Plan process; and,

 

e)         subdivision applications NOT BE ACCEPTED within the River Bend South area as they are considered incomplete until such time as the Part II Order issues, relating to the Tributary ‘C’ Municipal Class EA, have been resolved.   (2013-D08)

 

14.

Wood Hull Subdivision (39T-03511)

 

That, on the recommendation of the Manager, Development Planning, Development Services, the staff report, dated May 28, 2013, relating to the purchase, by Farhi Holdings Corporation (FHC), on December 12, 2012, of the remaining lands of Draft Approved Plan 39T-03511, (Woodhull subdivision), from 777552 Ontario Limited (Phyllis Matthews) BE RECEIVED; it being noted that FHC plans to assume the development as approved. (2013-D12)

 

15.

Property located at 1030 Elias Street (Z-8154)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of John Kudelka, relating to the property located at 1030 Elias Street:

 

a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Light Industrial Special Provision (LI1(4)) Zone, which permits manufacturing, warehouse and business service establishments, as well as the occasional use of space within an existing industrial building, as a private club for pigeon racing enthusiasts and a Light Industrial (LI1/LI7) Zone, which permits bakeries, business services establishments, laboratories, manufacturing and assembly industries, support offices, paper and allied products, pharmaceutical and medical product industries, printing, reproduction and data processing industries, research and development establishments, warehouse establishments, wholesale establishments, custom workshops, brewing on premises establishments, service and trades, automobile body shops, automobile repair garages, building or contracting establishments, repair and rental establishments, service and repair establishments, service trades, and truck sales and services establishments, TO a Light Industrial Special Provision (LI1(__)/LI7) Zone, to permit a commercial recreation establishment (indoor rock climbing) in addition to the above permitted industrial uses, and to reduce the required parking ratio related to the commercial recreation establishment; and,

 

b)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law, as the proposed amendments are minor in nature;

 

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

 

·           John Kudelka, applicant – expressing appreciation to the staff for their effort with this application; expressing concern with section 2 b) i) of the by-law under “Regulation – Landscaped Open Space” by indicating that the existing landscaping may not align with the 7% required; noting that the percentage of landscaping may be closer to 5%; expressing concern with section 2 b) ii) of the by-law under “Regulation – Parking for Commercial Recreation Establishment (Minimum)” by indicating that, in consultation with the Planner, a ratio of one space per 30 square metres has been established; noting that this property currently has 43 parking spaces; and requesting the wording be changed to “not less than the current 43 parking spaces on the property”.    (2013-D14A)

 

16.

Properties located at 1930 and 1950 Hyde Park Road (Z-8155)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Briar de Lange, relating to the properties located at 1930 and 1950 Hyde Park Road, the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Restricted Service Commercial (RSC1/RSC4/RSC5) Zone, which permits animal clinics, kennels, automotive sales and service establishments, auto supply stores, catalogue stores, duplicating shops, home improvement and furnishing stores, repair and rental establishments, service and repair establishments, studios, taxi establishments, bake shops, day care centres, financial institutions, florist shops, personal service establishments, restaurants, video rental establishments, brewing on premises establishments, auction establishments, building or contracting establishments, building supply outlets, bulk sales establishments, dry cleaning and laundry plants, manufacturing and assembly industries with related sales, garden stores, printing establishments, service trades, support offices, warehouse and wholesale establishments, commercial schools, truck sales and industrial malls TO an Associated Shopping Area (ASA1/ASA2/ASA3) Zone, to permit animal hospitals, convenience service establishments, convenience stores, dry cleaning and laundry plants, duplicating shops, financial institutions, grocery stores, restaurants, retail stores, personal service establishments, pharmacies, printing establishments, video rental establishments, brewing on premises, repair and rental establishments, service and repair establishments, studios, supermarkets, clinics, day care centres, laboratories, and medical/dental, professional and service offices;

 

it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-D14A)

 

17.

Properties located at 3 Front Street and 5 Front Street

 

That, on the recommendation of the Manager, Development Planning, Development Services, the following actions be taken with respect to the site plan approval application of Sorin Marinescu, relating to the properties located at 3 Front Street and 5 Front Street:

 

a)         the Approval Authority BE ADVISED that, at the public meeting of the Planning and Environment Committee held with respect to this matter, no issues were raised;

 

b)         the Approval Authority BE ADVISED that the Municipal Council supports the granting of these Site Plan applications for two duplex dwellings; and,

 

c)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” provided as Schedule “A” to the associated staff report, dated May 28, 2013;

 

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

 

·            Sorin Marinescu, applicant – indicating that, on December 6, 2009, a flood was caused by a main artery pressurizing and breaking overnight; noting that it flooded the entire area; indicating that, at the moment, the development space is dead water storage space, which is why the Upper Thames River Conservation Authority agreed to the development; indicating that there is no danger of the river flooding; advising that the perimeter of the house will be above the 100 year flood line; noting that all of the openings will be above the 250 year flood line so everything should be safe.   (2013-D11)

 

18.

Property located at 1206 Oxford Street East

 

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the site plan approval application for surface parking at an existing automobile sales and service establishment, by Zelinka Priamo Limited, relating to the property located at 1206 Oxford Street East:

 

a)         the Approval Authority BE ADVISED that, at the public meeting of the Planning and Environment Committee held with respect to this matter, no issues were raised; and,

 

b)         the Approval Authority BE ADVISED that the Municipal Council supports the granting of the Site Plan application for the commercial development;

 

it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-D11)

 

19.

Property located at 1464 Adelaide Street North (Z-8144)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Fattema El shakaki, relating to the property located at 1464 Adelaide Street North:

 

a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to amend the Convenience Commercial Special Provision (CC6(1)) Zone, which permits convenience service establishments, convenience business service establishments,  convenience stores, day care centres, financial institutions, food stores, offices, personal service establishments, studios, and take-out restaurants, without drive-through facilities, dwelling units together with any other permitted uses, brewing on premises establishments, and medical/dental offices, and prohibits outdoor patios, by stating that for the purposes of the Convenience Commercial Special Provision (CC6(1)) Zone, a studio shall be considered to include a fitness centre, and restricting fitness centres to a maximum gross floor area of 100 square metres; and,

 

b)         the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Convenience Commercial Special Provision (CC6(1)) Zone TO a new Convenience Commercial Special Provision (CC6(__)) Zone, to permit commercial recreation establishments, BE REFUSED for the following reasons:

 

i)          it is more appropriate to modify the existing special provision as the prohibition on outdoor patios continues to be appropriate for the site;

ii)         the more limited use of a fitness centre is more appropriate than the full range of uses permitted by the commercial recreation establishment definition; and,

iii)         a maximum limit on the Gross Floor Area (GFA) for the fitness centre use is necessary in order to ensure the fitness centre operates at a community oriented scale;

 

it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.  (2013-D14A)

 

20.

Western Counties Health and Occupational Centre Grounds: Cultural Heritage Landscape - Official Plan Amendment (O-8170)

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the Cultural Heritage Landscape Official Plan Amendment for the Western Counties Health and Occupational Centre:

 

a)         the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Section 13.5.5 of the Official Plan to add the Western Counties Health and Occupational Centre Grounds as a Listed Cultural Heritage Landscape and to adopt the Western Counties Health and Occupational Centre Cultural Heritage Plan (Appendix “B”) as a Guideline document pursuant to Section 19.2.2 of the Official Plan by amending Section 19.2.2. ii) to add it to the list of Guidelines;

 

b)         the staff report, dated May 28, 2013, with respect to the Cultural Heritage Landscape Official Plan Amendment for the Western Counties Health and Occupational Centre, BE RECEIVED; it being noted that specific  matters addressed in the staff report include:

 

i)          a comprehensive history of the site;

ii)         an assessment of the site’s cultural heritage value;

iii)         a review of Municipal and Provincial Land Use Policy pertaining to heritage designation, and;

iv)           a recommended, phased implementation plan for the site’s conservation, rehabilitation and public use;

 

c)         the Civic Administration BE DIRECTED to negotiate amendments to the existing Three Party Joint Use and Maintenance Agreement, dated August 23 2004, between The Corporation of the City of London, London Health Sciences Centre and St. Joseph’s Health Care, London, to reflect the existing site conditions and future use of the Western Counties Occupational Centre grounds relative to the revised infrastructure needs;

 

d)         the Civic Administration BE DIRECTED to determine an appropriate commemoration for former Heritage Planner Chris Nelson for her accomplishments relating to cultural heritage; and,

 

e)         the attached communication, dated May 27, 2013, from S. Levin, Chair, Conservation Committee, Nature London, BE RECEIVED;

 

it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-R01)

 

21.

Properties located at 404-408 Pall Mall Street and 660 Colborne Street (Z-8152)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Gus Aggelopoulos, relating to the property located at 404-408 Pall Mall Street & 660 Colborne Street:

 

a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R8/Convenience Commercial (R8-1/CC) Zone, which permits such uses as apartment buildings, stacked townhouses, emergency care establishments and continuum-of-care facilities at a maximum height of 13.0 metres and a maximum density of 40 units per hectare, and convenience service establishments, convenience stores, financial institutions and personal service establishments without drive-through facilities, TO a Residential R8/Convenience Commercial Special Provision (R8-1/CC(_)) Zone, to permit in addition to the above-noted uses, a restaurant, without a drive-through facility, to a maximum gross floor area of 75 square metres within the existing building, and to require a minimum of five on-site parking spaces for all uses within the existing building;

 

b)         the Civic Administration BE REQUESTED to undertake the following actions with respect to boulevard parking:

 

i)          review the Owner’s compliance in all respects with the Agreement between the City and Owner under Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (The Boulevard Parking Agreement);

ii)         if necessary, require the Owner to comply with the Agreement, in all respects, or alternatively, enter into a revised Boulevard Parking Agreement to the satisfaction of the City Engineer; it being noted that the revised Agreement would need to include appropriate landscaping; and,

iii)         report back to the Planning and Environment Committee; and,

 

c)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as:

 

i)          the restriction of the recommended use to within the existing building was the basis on which notice of application and notice of public meeting were given; and,

ii)         the requirement for a minimum of five on-site parking spaces recognizes an existing site condition, and was discussed at the public meeting held on May 28, 2013;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                    Matt Falls, 421 Pall Mall Street – indicating that he submitted a communication to the Planning Department which is included in the staff report; indicating that the communications provided by area residents include two enquiries for clarification, three letters of support and eight expressing opposition; noting that the letters of opposition include the local area neighbourhood association, Piccadilly Area Neighbourhood Association; enquiring about parking and the movement of equipment or traffic around the site; enquiring about the type of garbage storage container to be used and who would be responsible for garbage service; expressing concern with people throwing paper cups on their lawns; indicating that this is a further degrading of the area residents premises; respecting that the applicants have tried to work with the neighburhood; noting that it does not make this any better for the area residents; requesting the larger area of the neighbourhood that is in objection to this be taken into consideration; indicating that this is the first time he has heard of the installation of a patio; and inquiring as to whether or not the recommendation of the Planning and Environment Committee will remain the same if a patio is added to the application.

·                     Mr. Wright, owner – advising that they live in the greater neighbourhood; noting that they live north of Oxford Street, near the University; indicating that he is also  a lawyer at Siskinds, which is right across the street from the subject property; indicating that their children attend school half a block from the subject property; noting that they are very much in the neighbourhood and interested in the neighbourhood; advising that this is something that they have enjoyed in their travels and do not see a lot of in Ontario; and indicating that the espresso bar will be an improvement.

·                     Charmaine Specter, 408 Pall Mall Street – expressing support for the application; enquiring about the amount of parking available; indicating that there is not much room for vehicles to maneuver around the building; noting that the building has been damaged on both corners; suggesting that perhaps parking spaces 5 and 6, as shown on the map presented during the Planning and Environment Committee meeting, can be changed to be adaptive so that it is easier for a car to go around the building; enquiring as to whether or not the owners are planning to have a patio in the front of the building; advising that the tin building at the back is garbage storage for the tenants; noting that there are approximately 5 spaces for garbage bins, with room for blue boxes; indicating that the current façade is not pleasing to the environment; indicating that the variety store is closed more often than it is open; hoping that the espresso bar is not open until 1:00 AM; and indicating that she believes that this proposal will enhance the neighbourhood.

·                     George Namo, Owner, Helen’s Variety – advising that he presently serves coffee, but is unable to accommodate everything the applicant is asking for; and, enquiring as to the reason for the zoning amendment.

·                     Bert Killian, 428 Pall Mall Street – advising that this is a very congested intersection; indicating that, approximately 5 or 6 years ago, the residents had the stop sign installed to allow the children to cross the intersection safely; indicating that the amount of traffic in this area has been undersold; indicating that you can walk up the street to the variety store at Maitland Street and Pall Mall Street; advising that there is congestion  now, with the railway crossing and the bus stop right there; advising that he spent several years in the safety business and this is a safety issue; and recommending that this application be reviewed for safety.

·                     Ben Billings, Insites Consulting, on behalf of the applicant – advising that the essential approach to this application is not to make many changes to the site; indicating that the site functions for the convenience store that exists there now; advising that the premise that they are operating on is that the espresso bar will not introduce any increased impact to the site; indicating that the garbage facility that is there now is anticipated to be more than sufficient for any refuse that is generated from the espresso bar; advising that they will comply with the Engineering Department regulations relating to the minimum five parking spaces that currently exist; advising that they are working with what they have; noting that refuse is a concern; further noting that they will ensure that refuse is properly stored; anticipating normal city service for garbage collection; indicating that they will supply receptacles for litter; indicating that they are trying to improve the neighbourhood;  advising that a majority of the clientele for the espresso bar would be walk-in traffic from the area; noting that it is going to be a local establishment run by a local family that is quite excited about this opportunity; indicating that they will continue to work with the neighbours to ensure that the minor details outlined at the public participation meeting are looked after; advising that they will work with the City with respect to the existing boulevard parking agreement, and any amendments required, to ensure that it properly reflects what is going on with the site today and what is proposed for the future; advising that they would like to install a patio during summer months; noting that they need to discuss this idea with City staff; indicating that they are requesting the zoning amendment to allow them to install an espresso bar; and advising that they do not believe that their application will exacerbate any safety issues that exist today.   (2013-D14A)

 

22.

Downtown Heritage Conservation District Plan - Ontario Heritage Act Appeal (O-8024)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED that Municipal Council consents to an amendment of Section 2.2, Heritage Character Statement, in the Downtown Heritage Conservation District Plan, by adding the following words, as underlined:

 

Industrial and wholesale structures developed in response to the road and rail systems running through the Downtown. Concentrated around York and Richmond, a prime example is the terra cotta McMahen-Granger building. The commercial, industrial and administrative functions of the Downtown brought a concentration of financial services to the area. As one of the largest concentrations of similar-use buildings today, they too reflect the prolonged periods of development. Jeffery’s London Life, Cronyn’s Huron and Erie/Canada Trust, and Ivey’s Northern Life all left buildings representative of their respective rise to national significance.  In fact, London Life continues to have a significant presence in the Downtown.  The Plan anticipates that London Life will maintain this significant presence in the Downtown, and that the current streetscape elevations along Dufferin Avenue, Wellington Street and Queens Avenue will be conserved as the site continues to develop over time.  In most cases the financial service sector drew their investment funds from the Downtown’s industries and wholesalers including J. W. Little’s dry goods empire, the Hobbs glass works and the Joseph Smith Southern Cigar Factory, all of which built significant structures in the Downtown.  (2013-R01)

 

Pursuant to section 12.3 of the Council Procedure By-law, Councillor J.L. Baechler calls for a separate vote on clause 6. 

 

The motion to Approve clauses 1 to 22, excluding clause 6 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor J.L. Baechler and seconded by Councillor B. Polhill to Amend clause 6, to add a new part d), as follows:

 

" d)      the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee with respect to the potential use of First Quarter Corporate surplus funds, if available, in order to facilitate a Fall planting of trees, in 2013;"

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve clause 6, as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Clause 6, as amended, reads as follows:

 

That the following actions be taken with respect to  an update on the Emerald Ash Borer Program:

 

a)         the Civic Administration BE REQUESTED to identify tree planting capacities and to report back to a future meeting of the appropriate Standing Committee;

 

b)         the Civic Administration BE REQUESTED to submit an updated business plan with respect to this matter as part of the 2014 Budget process; it being noted that the business plan should provide information pertaining to the necessity for replanting trees; and,

 

c)         the Civic Administration BE REQUESTED to report back on the possible establishment of a program where the Development Industry may be required to plant two trees for every tree it removes and/or establish a cash-in-lieu fund

 

d)         the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee with respect to the potential use of First Quarter Corporate surplus funds, if available, in order to facilitate a Fall planting of trees, in 2013.   (2013-E04)

 

 

6th Report of the Investment and Economic Prosperity Committee

Councillor M. Brown presents. 

 

Motion made by Councillor M. Brown to Approve clauses 1 and 2.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor J. Swan disclosed a pecuniary interest in clause 2 of this report, having to do with the Orchestra London Business Plan, by indicating that he is employed by Orchestra London.

 

2.

Orchestra London Business Plan

 

That, on the recommendation of the Deputy City Treasurer and the Director, Corporate Investments and Partnerships, the report dated May 21, 2013, with respect to the Orchestra London Business Plan BE RECEIVED for information.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, 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)

 

RECUSED: J.B. Swan (1)

 

Motion made by Councillor M. Brown to Approve clause 3.

 

3.

Investment and Economic Prosperity Projects - Public Input

 

That the following actions be taken with respect to the Investment and Economic Prosperity projects and the related public input received:

 

a)         the report dated May 21, 2013 from the Director, Corporate Investments and Partnerships, with respect to this matter BE RECEIVED, noting that there will be improved communications on all the projects under development;

 

b)         the Civic Administration BE DIRECTED to continue the advancement of the plan described in the December 18, 2012, “A Path to Prosperity: Community Business Ideas to Stimulate Our Economy”;

 

c)         the attached draft template for Economic Development Projects in the Capital Budget from the Corporate Investments and Partnerships division, BE RECEIVED; and,

 

d)         the City Manager BE REQUESTED to provide an update on the following related matters at the next meeting of the Investment and Economic Prosperity Committee:

 

(i)         identification of any proposed additional resources that could assist in fast-tracking job creation ideas and/or projects;

(ii)        a project management plan, to assist with project tracking; and,

(iii)       an overall public communication plan related to these matters.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, 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)

 

RECUSED: J.B. Swan (1)

Motion made by Councillor J.B. Swan to Approve clauses 4 to 9.

 

Pursuant to section 12.3 of the Council Procedure By-law, Councillor P. Hubert calls for a separate vote on clause 5.

 

4.

Grant Agreement - Employment Program Support

 

That, on the recommendation of the Director of Corporate Investments and Partnerships, the following actions be taken with respect to the proposed Employment Program Support proposal:

 

a)         the proposed by-law appended to the staff report dated May 21, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013 to:

 

(i)         approve the Grant Agreement with WIL Counselling and Training for Employment, for the Employment Program Support;

 

(ii)        authorize the Mayor and the City Clerk to execute the Agreement; and,

 

(iii)       approve the amount of the Grant;

 

b)         the Employment Program Support BE APPROVED, on a pilot basis for one year, with the Employment Sector Council London Middlesex and the London Middlesex Immigrant Employment Council, with an option to extend the pilot for one (1) additional year, based on the year-end update report and subject to a source of financing;

 

c)         the Corporate Investments and Partnerships staff BE DIRECTED to report back at the end of one year of the Grant Agreement, on the results of the program, providing job matching statistics associated with the two organizations and an evaluation of the results for the potential of a second year of funding;

 

d)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with this award; and,

 

e)         the financing for this project in the amount of $101,980 BE APPROVED as set out in the Sources of Financing Report included as Appendix 3 to the associated staff report, dated May 21, 2013;

 

it being noted that the Investment and Economic Prosperity Committee heard a verbal update from A. Langille, WIL Counselling and Training for Employment, with respect to this matter.

 

5.

Proposal Feedback Letter Regarding Improving Downtown London

 

That the communication dated May 9, 2013, from R. T. Usher, Board Chair and J. MacDonald, Executive Director, London Downtown Business Association, BE RECEIVED.

 

6.

Comments on the London Focus Ontario Fall 2012 Survey

 

That the following actions be taken with respect to the London Focus Ontario Fall 2012 Survey:

 

a)         the communication dated April 18, 2013, from G. Macartney, CEO, London Chamber of Commerce with respect to this matter, BE RECEIVED; it being noted that the City Manager has already responded to this communication; and,

 

b)         the Chamber of Commerce BE ENCOURAGED to undertake its own survey to “get the pulse of business” in the community and provide its comments and suggestions to the Municipal Council.

 

7.

Service London Initiative

 

That the following actions be taken with respect to a service London initiative:

 

a)         the communication from Councillor P. Hubert, with respect to a Service London initiative BE REFERRED to the Civic Administration for consideration in its review of services in London; it being noted that the Investment and Economic Prosperity Committee re-iterates its support for a one-stop business enterprise centre for the City of London; and,

 

b)         the Civic Administration BE DIRECTED to place the Business Enterprise Centre back on the City’s agenda and that the London Economic Development Corporation (LEDC) BE IDENTIFIED as the lead for this initiative, with the Civic Administration to determine a City representative as the co-lead;

 

it being noted that the Investment and Economic Prosperity Committee heard a verbal delegation from Councillor P. Hubert, with respect to this matter.

 

8.

Grand Theatre - Semi-Annual Program and Financial Updates

 

That D. Harvey, Executive Director of the Grand Theatre BE GRANTED delegation status at the June 24, 2013 Investment and Economic Prosperity Committee meeting to provide an update on the semi-annual program and financials of the Grand Theatre.

 

9.

Western Fair District

 

Motion made by Councillor J.B. Swan to Approve that the following actions be taken with respect to the Western Fair District:

 

a)         the communications dated April 26, 2013, from Councillor J. Swan and the Municipal Council resolution adopted at its meeting held on April 16, 2013, with respect to the Western Fair District, respectively, BE REFERRED to the Civic Administration for review;

 

b)         the Western Fair District BE INVITED to the next Investment and Economic Prosperity Committee (IEPC) meeting to give an overview of its Strategic and Development Plans; and,

 

c)         the concept and basic parameters of film related business(es) in the City of London BE REFERRED to the Director of Corporate Investment and Partnerships, for consideration; it being noted that the IEPC heard a verbal delegation from J. Hart, Film Director, with respect to this matter.

 

The motion to Approve clause 5 is put.

 

Motion Passed

 

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

 

RECUSED: P. Hubert (1)

 

The motion to Approve clauses 4, 6, 7 and 8 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

The motion to Approve clause 9 is put. 

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

At 9:47 PM Councillor J.B. Swan leaves the meeting.

 

 

3rd Report of the Audit Committee

Councillor M. Brown presents.

 

Motion made by Councillor M. Brown to Approve clauses 1, 2 and 4.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

2013 Risk-Based Audit Plan - Boards and Commissions

 

That the following actions be taken regarding the 2013 Risk-Based Audit Plan – Boards and Commissions:

 

a)         the report dated May 23, 2013 with respect to this matter BE RECEIVED; and,

 

b)         the proposed 2013 Risk-Based Audit Plan – Boards and Commissions, identified in Appendix A of the above-noted Report, relating to the London Public Library and London Transit Commission BE CONSIDERED for incorporation into the 2013 Risk-Based Audit Plan.

 

4.

Engagement of KPMG for Procedure and Findings Report on the Downtown Camera Program

 

That, on the recommendation of the Managing Director, Corporate Services, City Treasurer and Chief Financial Officer, the Civic Administration BE DIRECTED to engage KPMG LLP to perform the annual Procedure and Findings Report of the Downtown Camera Program at a cost of $3,250, exclusive of HST.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, 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)

 

3.

Engagement of PricewaterhouseCoopers (PwC) for Operational Reviews at Boards and Commissions

 

Motion made by Councillor M. Brown and seconded by Councillor J.L. Baechler to Approve that pursuant to section 13.7 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting held on December 11, 2012, related to the adoption of clause 4 of the 5th Report of the Audit Committee, concerning the request and encouragement of the Boards and Commissions to engage the services of PricewaterhouseCoopers for the purpose of an internal audit of their existing processes BE RECONSIDERED.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, 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)

 

At 9:51 PM Councillor J.B. Swan enters the meeting.

 

Motion made by Councillor M. Brown to Approve that the following actions be taken with respect to the engagement of PricewaterhouseCoopers (PwC) to undertake operational reviews of the Boards and Commissions:

 

b)         the  report dated May 23, 2013 regarding this matter BE RECEIVED;

 

c)         the following letters attached to the above–noted report BE RECEIVED:

 

(i)         London Police Services dated April 10, 2013;

(ii)        London Transit Commission, dated March 28, 2013;

(iii)        London Public Library, dated April 12, 2013; and,

(iv)       Museum London, dated March 31, 2013;

 

d)         PricewaterhouseCoopers LLP (PwC) BE AUTHORIZED to prepare an engagement letter for an operational review of the London Transit Commission, on a project determined by PwC, in consultation with London Transit, which is exclusive of London Transit’s current initiatives underway; it being noted that the source of funding is contained within the annual audit budget of $300,000;

 

e)         any demonstrable savings or efficiency gains resulting from the above-noted operational review of the London Transit Commission BE APPLIED to the London Transit’s Long-term Transit Growth Strategy;

 

f)         PwC LLP BE AUTHORIZED to prepare an engagement letter for an operational review of the London Public Library, on a review of the Library’s sources of revenue;

 

g)         the Civic Administration BE DIRECTED to request the London Police Services Board to clarify their intention to undertake an audit of the London Police Services in 2013; and,

 

h)         future audits for Boards and Commission BE CONSIDERED at future Audit Committee meetings to determine the scope and timing of those engagements;

 

it being noted that on-going savings achieved should assist in providing sustainable annual budget requests.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

At 9:51 PM, the Council recesses. 

 

Council resumes in regular session with Mayor J.F. Fontana in the Chair, and all Members except Councillor N. Branscombe present, at 10:01 PM.

 

Councillor B. Polhill moves and seconded by Councillor P. Hubert to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

 

a)

A matter to be considered for the purpose of 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. (C-1/6/IEPC)

 

b)

Seven matters pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of giving directions or instructions to officers, employees or agents of the municipality, as necessary, with respect to possible indemnification from the Corporation in response to communications from certain Council Members in relation to potential legal expenses in responding to summonses from the Ontario Ombudsman in connection with his investigation pursuant to s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act.

 

Motion Passed

 

The Council rises and goes in camera at 10:03 PM, with Mayor J. F. Fontana in the Chair and all Members present except Councillor N. Branscombe. 

 

The Committee of the Whole rises and Council resumes in regular session at 10:36 PM with Mayor J.F. Fontana in the Chair and all Members present, except Councillor N. Branscombe.

 

At 10:04 PM Councillors J.B. Swan and P. Hubert leave the meeting. 

 

 

11th Report of the Committee of the Whole

Councillor J.P. Bryant presents. 

 

PRESENT:  Mayor J.F. Fontana, B. Polhill, W.J. 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 and C. Saunders (City Clerk) 

ABSENT:  N. Branscombe

ALSO PRESENT: A. Zuidema, J.P. Barber, J. Braam, M. Hayward, G. Kotsifas, V. McAlea Major, D. Mounteer, L.M. Rowe, B. Warner and B. Westlake-Power.  

Motion made by Councillor J.P. Bryant and seconded by Councillor S.E. White to Approve C-1

 

C-1  That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Manager of Realty Services, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer and the Director of Environment, Fleet and Solid Waste, with respect to the properties at 3405 Scotland Drive and 4233 Scotland Drive, the following actions be taken:

 

a)         a W12A Landfill Property Value Protection Plan agreement for 3405 Scotland Drive BE APPROVED;

 

b)         3405 Scotland Drive BE PURCHASED by the City, subject to negotiating a fair market value price for the property;

 

c)         a W12A Landfill Property Value Protection Plan agreement for 4233 Scotland Drive BE APPROVED; and

           

d)         4233 Scotland Drive BE PURCHASED by the City, subject to negotiating a fair market value price for the property.

 

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Motion made by Councillor J.P. Bryant and seconded by Councillor H.L. Usher to Approve clauses C-2 to C-8 as follows:

 

C-2      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to his communication dated June 4, 2013 Councillor S. Orser BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

C-3      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to his communication dated June 6, 2013 Councillor B. Polhill BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

C-4      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to her communication dated June 6, 2013 Councillor S.E. White BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in her capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

C-5      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to his communication dated June 10, 2013 Mayor J.F. Fontana BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

C-6      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to his communication dated June 10, 2013 Councillor D. Henderson BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

C-7      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to his communication dated June 11, 2013 Councillor J.B. Swan BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

 

C-8      That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That in response to his communication dated June 11, 2013 Councillor P. Van Meerbergen BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (10)

 

NAYS: S. Orser, J.L. Baechler, M. Brown, P. Hubert (4)

 

Councillor J.P. Bryan moves and seconded by Councillor J.B. Swan to Approve clause C-9.

 

C-9  That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

That, on the recommendation of the Manager Realty Services, with respect to the City lands located on South Street, bounded by Waterloo Street to the east, Wellington Street to the west and the Thames River to the south, the Civic Administration BE DIRECTED to: 

a)       proceed with the sale of lands through the Request for Proposal (RFP) method of sale for the City owned non-hazard lands of parcels B and C, as per the attached map, as the lands have redevelopment potential of their own; 

b)       keep the City owned, non-hazard lands of parcel A, as per the attached map, independent of the other City owned parcels at this time; it being noted that a condition of purchase of the surplus non-hazard lands owned by the UTRCA, is that the Sale and Other Disposal of Land Policy be applied to the consideration of the future sale of the City lands and the expectation is that an open RFP method of sale will apply; and, 

c)       respond to the Fincore Group that the request to purchase City lands, on a Direct Negotiation basis, is declined by the City based on parts a) and b), above.

Motion Passed

 

YEAS: J.F. Fontana, 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 (14)

 

Councillor J.B. Swan moves and seconded by Councillor D. Brown to Approve that pursuant to section 2.4 of the Council Procedure By-law, section 11.10 of the said by-law BE SUSPENDED for the purpose of permitting the meeting to proceed beyond 11:00 PM.

 

Motion Passed

 

X

DEFERRED MATTERS

 

None.

 

At 10:53 PM Councillor B. Armstrong leaves the meeting. 

 

XI

ENQUIRIES

 

Councillor Orser enquires as to penalties under the Ombudsman Act, related to recent 'tweets' by the Ombudsman.  The City Solicitor addresses the enquiry.

 

XII

EMERGENT MOTIONS

 

None.

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor P. Hubert and seconded by Councillor P. Van Meerbergen to Approve the introduction and first reading of Bill No.’s 235 to 272, including the revised Bill 250 and the added Bill No.s 273, 274 and 275. 

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, 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 D. Brown and seconded by Councillor P. Hubert to Approve second reading of Bill No.’s 235 to 272, including the revised Bill 250 and added the Bill No.s 273, 274 and 275. 

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, 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 H.L. Usher and seconded by Councillor P. Hubert to Approve third reading and enactment of Bill No.’s 235 to 272, including the revised Bill 250 and the added Bill No.s 273, 274 and 275. 

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, 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)

 

Bill No. 235

By-law No. A.-6962-178

 

A by-law to confirm the proceedings of the Council Meeting held on the 11th day of June, 2013. (City Clerk)

 

Bill No. 236

By-law No. A.-6963-179

 

A by-law to amend Council Policy 19(35) and 19(35A) entitled “Urban Design Awards” and “Appendix to Urban Design Awards Program Policy.” (4/13/PEC)

 

Bill No. 237

By-law No. A.-6964-180

 

A By-law to approve an Agreement for Phase 2 Funding of the City of London’s Household Special Waste Program with the Recycling Council of Ontario; and to authorize the Mayor and Clerk to execute the Amending Agreement. (4/11/CWC)

 

Bill No. 238

By-law No. A.-6965-181

 

A by-law to approve and adopt the standard form for Facility Rental Contracts; and to authorize the Managing Director, Parks and Recreation to insert information and execute contracts which employ this form. (4/10/CPSC)

 

Bill No. 239

By-law No. A-46-13001

 

 

A by-law to amend By-law A-46, being a by-law to provide for Various Fees and Charges. (14/11/CWC)

 

Bill No. 240

By-law No. A.-6966-182

 

 

A by-law to repeal the Public Sector Major Grants Reserve Fund;  (3/16/CSC)

 

Bill No. 241

By-law No. A.-6967-183

 

 

A by-law to establish the Technology Services Reserve Fund (3/16/CSC)

 

Bill No. 242

By-law No. A.-6968-184

 

 

A by-law to establish the Material Recovery Facility Reserve Fund. (3/16/CSC)

 

Bill No. 243

By-law No. A.-6969-185

 

 

A by-law to establish the Water Customer Assistance Reserve Fund. (3/16/CSC)

 

Bill No. 244

By-law No. A.-6970-186

 

 

A by-law to establish the Parking Facilities Reserve Fund. (3/16/CSC)

 

Bill No. 245

By-law No. A.-6971-187

 

 

A by-law to establish the Municipal Affordable Homeownership Revolving Loan Reserve Fund. (3/16/CSC)

 

Bill No. 246

By-law No. A.-6972-188

 

A By-law to authorize an Amending Option Agreement between The Corporation of the City of London and O.C. Holdings ’87 Inc., and to authorize the Mayor and the City Clerk to execute the Agreement. (7/16/CSC)

 

Bill No. 247

By-law No. A-44-13001

 

A by-law to amend By-law A-44, being a by-law respecting the Civic Administration, to change the title of “Managing Director, Housing and Social Services” to “Managing Director, Housing, Social Services and Dearness Home”, to better reflect the portfolio of the position. (2/16/CSC)

 

Bill No. 248

By-law No. A.-6853(a)-189

 

 

A by-law to amend the Telecommunication Facilities Consultation Policy for the City of London. (5/13/PEC)

 

Bill No. 249

By-law No. C.P.-1284(tb)-190

 

 

A by-law to amend the Official Plan for the City of London, 1989 relating to a portion of the Western Counties Health and Occupational Grounds.(20/13/PEC)

 

Bill No. 250

By-law No. L-8

 

 

A By-law to provide for the licensing and regulation of Methadone Clinics and Methadone Pharmacies in the City of London. (6/10/CPSC)

 

Bill No. 251

By-law No. PS-111-13120

 

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (9/11/CWC)

 

Bill No. 252

By-law No. PS-111-13121

 

 

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (9/11/CWC)

 

Bill No. 253

By-law No. S.-5566-191

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Jackson Road at Bradley Avenue). (City Surveyor)

 

Bill No. 254

By-law No. S.-5567-192

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Sunningdale Road West and Wonderland Road North). (City Surveyor)

 

Bill No. 255

By-law No. S.-5568-193

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Dundas Street, east of Forest Lawn Avenue). (City Surveyor)

 

Bill No. 256

By-law No. S.-5569-194

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Highbury Avenue North, north of Kilally Road). (City Surveyor)

 

Bill No. 257

By-law No. S.-5570-195

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Talbot Street, south of Kent Street). (City Surveyor)

 

Bill No. 258

By-law No. S.-5571-196

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Commissioners Road West, west of Rosecliffe Terrace). (City Surveyor)

 

Bill No. 259

By-law No. S.-5572-197

 

A by-law to lay out, establish and assume lands in the City of London as public highway. (as widening to Westminster Drive, east of Wellington Road South) (City Surveyor)

 

Bill No. 260

By-law No. S.-W.-2070(c)-198

 

 

A by-law to amend By-law W.-2070-226 entitled “A by-law to authorize the Innovation Park – Phase 3 Project. (Project No. ID1168-1239)” (3/11/FAC/2011)

 

Bill No. 261

By-law No. W.-5542-199

 

 

A by-law to authorize the 2012 Bus Purchase Replacement. (Project No. MU1044-12) (3b/5/SPPC/2012)

 

Bill No. 262

By-law No. W.-5543-200

 

 

A by-law to authorize the 2012 Existing Facility Upgrades. (Project No. MU1136-12) (3b/5/SPPC/2012)

 

Bill No. 263

By-law No. W.-5544-201

 

 

A by-law to authorize the 2013 Sewer Replacement (Project No. ES2414-13). (8/6/CWC)

 

Bill No. 264

By-law No. W.-5545-202

 

 

 

A by-law to authorize the 2013 Road Rehabilitation – Local and Rural (Project No. TS3014-13). (8/6/CWC)

 

Bill No. 265

By-law No. W.-5546-203

 

 

A by-law to authorize the Sherwood Forest Flooding Remediation (Project No. ES2680). (5/10/CWC)

 

Bill No. 266

By-law No. W.-5547-204

 

 

A by-law to authorize the 2012 Road Rehabilitation and Maintenance (Project No. TS1446-12). (13/6/CWC/2012)

 

Bill No. 267

By-law No. W.-5293(a)-205

 

 

A by-law to amend By-law No. W.-5293-145 entitled “A by-law to authorize the 2011 Road Rehabilitation – Main (Project No. TS1446-11) (4/10/CWC)

 

Bill No. 268

By-law No. Z.-1-132193

 

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for a portion of land located at 4448 Colonel Talbot Road. (7/13/PEC)

 

Bill No. 269

By-law No. Z.-1-132194

 

 

A by-law to amend By-law Z.-1 to rezone an area of land located at 1030 Elias Street. (15/13/PEC)

Bill No. 270

By-law No. Z.-1-132195

 

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1930 & 1950 Hyde Park Road. (16/13/PEC)

Bill No. 271

By-law No. Z.-1-132196

 

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1464 Adelaide Street North. (19/13/PEC)

 

Bill No. 272

By-law No. Z.-1-132197

 

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 404-408 Pall Mall Street & 660 Colborne Street. (21/13/PEC)

 

Bill No. 273

By-law No. A.-6973-206

 

 

A by-law to authorize a Property Value Protection Plan Agreement between The Corporation of the City of London and Walter Melnyk and Jenny Marie Melnyk to provide property value protection for the property located at 3405 Scotland Drive. (1/16/CSC)

 

Bill No. 274

By-law No. A.-6974-207

 

A By-law to authorize a Property Value Protection Plan Agreement between The Corporation of the City of London and Thomas Robinson and Teresa Robinson to provide property value protection for the property located at 4233 Scotland Drive.  (1/16/CSC)

 

Bill No. 275

By-law No. L.S.P-3432-208

 

A By-law to expropriate lands in the City of London, in the County of Middlesex, for the Hyde Park Road Widening and Improvements – Phase 1 between Oxford Street and South Carriage Road.

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor J.B. Swan and seconded by Councillor S. Orser to Adjourn.

 

Motion Passed

 

The meeting adjourned at 11:02 PM.

 

 

 

_________________________________

                                                                                          Joe Fontana, Mayor

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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