Council

MINUTES

1ST MEETING

December 3, 2013

The Council meets in Regular Session in the Council Chambers this day at 4:30 PM.

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

ALSO PRESENT:  A. Zuidema, J.P. Barber, A.L. Barbon, G. Belch, J. Braam, U. Candido, B. Coxhead, S. Datars Bere, J. Edward, J.M. Fleming, A. Hagan, N. Hall, M. Hayward, G.T. Hopcroft, J. Kobarda, G. Kotsifas, L. Livingstone, V. McAlea Major, D. O’Brien, J. Page, R. Paynter, M. Ribera, L. Rowe, B. Warner and B. Westlake-Power.

At the beginning of the Meeting all Members are present except Councillors D. Brown, M. Brown, J.P. Bryant, D.G. Henderson, P. Van Meerbergen and S.E. White.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor P. Hubert discloses a pecuniary interest in clause 7 of the 22nd Report of the Community and Protective Services Committee and the related Bill No. 3, both having to do with the Purchase of Service Agreement for Ontario Works employment assistance services,  by indicating that he is the Executive Director of a social service agency with a Purchase of Service Agreement with Ontario Works.

Councillor N. Branscombe discloses a pecuniary interest in clause 9 of the 25th Report of the Planning and Environment Committee and the related Bill No. 24, both having to do with properties located at 595 and 607 Industrial Road, by indicating that her spouse operates a business in close proximity to the subject properties.

Councillor J.P. Bryant discloses a pecuniary interest in clause 10 of the 30th Report of the Corporate Services Committee, having to do with an appointment to the Environmental and Ecological Planning Advisory Committee, by indicating the applicant is a friend and a neighbour.   Councillor J.P. Bryant further discloses a pecuniary interest in clause 14 of the 25th Report of the Planning and Environment Committee, having to do with secondary dwelling units, by indicating that she has a secondary dwelling unit at her residence.

Councillor P. Van Meerbergen discloses a pecuniary interest in clause C-2 of the Confidential Appendix to the 30th Report of the Corporate Services Committee and any related by-law that may be brought forward in public session, having to do with a matter pertaining to potential litigation and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to a potential arbitration concerning the apportionment of costs for social housing, Ontario Works, Child Care and Land Ambulance between Middlesex County and the City of London, as his spouse operates childcare business.

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

1.

1st Report of the Corporate Services Committee

2.

1st Report of the Community and Protective Services Committee

3.

1st Report of the Strategic Priorities and Policy Committee

Motion made by Councillor J.L. Baechler and seconded by Councillor N. Branscombe to Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of lause 1 of the 1st Report of the Committee of the Whole, having to do with the apportionment of costs for social housing, Ontario Works, Child Care and Land Ambulance between Middlesex County and the City of London, as the first order of business after the Committee of the Whole in camera session.

Motion Passed

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

RECUSE: P. Hubert (1)

IV

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor D. Brown and seconded by Councillor P. Van Meerbergen 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 advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations relating to one of the Corporation’s associations or unions. (C-3/30/CSC)

b)

A matter pertaining to potential litigation and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to a potential arbitration concerning the apportionment of costs for social housing, Ontario Works, Child Care and Land Ambulance between Middlesex County and the City of London. (C-2/30/CSC) (C-1/1/CSC)

c)

A matter pertaining to litigation with respect to appeals to the Ontario Municipal Board by Colonel Talbot Developments Inc. as relates to applications for draft plan of subdivision, Official Plan amendment and Zoning By-law amendment; and, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with appeals to the Ontario Municipal Board by Colonel Talbot Developments Inc. as relates to applications for draft plan of subdivision, Official Plan amendment and Zoning By-law amendment. (C-1/25/PEC)

d)

A matter that pertains to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Contract T12-81 with 2210652 Ontario Ltd. o/a Wilderness Environmental Services. (C-1/20/CWC)

e)

A matter pertaining to litigation currently before the Superior Court of Justice, Court files No. 61809/09, No. 1554/10 and No. 1555/10 affecting the municipality; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C-1/30/CSC)

f)

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 a 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 a proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning a proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning a proposed acquisition, the disclosure of which 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 regarding the Industrial Land Strategy. (C-1/1/SPPC)

Motion Passed

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

1st Report of the Committee of the Whole

Motion Passed

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

RECUSED: P. Van Meerbergen (1)

Councillor Hubert reports progress on the remaining in camera matters.

V

RECOGNITIONS

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE NINETEENTH MEETING HELD ON NOVEMBER 19, 2013

Motion made by Councillor D. Brown and seconded by Councillor J.L. Baechler to Approve the Minutes of the 19th Meeting held on November 19, 2013.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

VII

COMMUNICATIONS AND PETITIONS

Motion made by Councillor N. Branscombe and seconded by Councillor P. Van Meerbergen to Approve referral of the following Communications, as noted:

1.

Contract Renewal for the Management of Environmentally Significant Areas (Refer to the Planning and Environment Committee Stage for Consideration with Clause 4 of the 25th Report of the Planning and Environment Committee.)

a)

T. McClenaghan, Friends of the Coves Subwatershed Inc.;

b)

C. Agocs, 1454 Sprucedale Avenue; and

c)

D. Wake, 597 Kildare Road

2.

A. Soufan, York Developments - Property located at 3493 Colonel Talbot Road (Refer to the Planning and Environment Committee Stage for Consideration with Clause 6 of the 25th Report of the Planning and Environment Committee.)

3.

K. Hale, Advocacy Centre for Tenants Ontario - Secondary Dwelling Units (OZ-8053) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 14 of the 25th Report of the Planning and Environment Committee.)

4.

(ADDED) Director, Water and Wastewater - 2013 External Audit of London's Drinking Water Quality Management System and 2013 Management Review (Refer to the Civic Works Committee Stage for Consideration with Clause 6 of the 20th Report of the Civic Works Committee.)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

30th Report of the Corporate Services Committee

Councillor J.P. Bryant presents.

Motion made by Councillor J.P. Bryant to Approve clauses 1, 2, 4, 5 and clauses 7 to 9.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J.P. Bryant disclosed a pecuniary interest in clause 10 of this Report, having to do with the filling of a vacancy on the Environmental and Ecological Planning Advisory Committee, by indicating that the applicant is a neighbour and a friend.

2.

Lease Agreement - London Police Services Board - 42 St. Julien Street

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the City-owned property municipally known as 42 St. Julien Street, St. Julien Street Operations Centre:

a)         the Lease Agreement between The Corporation of the City of London and the London Police Services Board (LPS), appended to the staff report dated November 26, 2013 as Appendix "A", BE APPROVED; and

b)         the proposed by-law appended to the staff report dated November 26, 2013 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013 to approve the Lease Agreement and to authorize the Mayor and the City Clerk to execute the Agreement.

4.

City of London Community Suite

That the following actions be taken with respect to the City of London Community Suite:

a)         on the recommendation of the City Manager, the Municipal Council BE ADVISED that the Community Suite has been committed for use by the Canadian Hockey League as part of the successful bidding process for the 2014 Memorial Cup; it being noted that on July 30, 2013, the Municipal Council approved financial support for this event; and

b)         on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated November 26, 2013 BE INTRODUCED at the Municipal Council meeting on December 3, 2013 to delete and replace Council Policy 22(3) entitled “City of London Community Suite Policy” with a revised Policy which delegates authority to the City Manager to approve use of the Community Suite in those circumstances where an international or national event requires the use of the Community Suite as a bid condition in order to secure the event, and which requires the City Manager to advise the Municipal Council of any such approval upon his/her notification that the subject bid was successful.

5.

City of London Days - Budweiser Gardens

That, on the recommendation of the City Clerk, and in accordance with the policy for City events at the Budweiser Gardens, the following event BE APPROVED as a City of London Day at the Budweiser Gardens:

Signatures – Taste Test of London’s Best

June 16, 2014

7.

RFP 13-09 - Network Modernization

That, on the recommendation of the Chief Technology Officer, the following actions be taken with respect to the Network Modernization Request for Proposal which deals with networking software and hardware such as switches, routers, wireless, network management software, design and implementation, ongoing maintenance and support:

a)         the submission from Telus Communications Company, 215 Slater Street, Floor 7, Ottawa, ON K1P 0A6 for modernizing the City of London digital network infrastructure and their submitted total cost for hardware, software and implementation services of $2,487,224 (excluding HST), BE ACCEPTED;

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

c)         approvals 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; and

d)         the financing for this project BE APPROVED as set out in the Source of Financing Report, as appended to the staff report dated November 26, 2013, as Appendix ‘A’.

8.

RFP 13-14 - Storage Area Network, Back-Up and Recovery Renewal

That, on the recommendation of the Chief Technology Officer the following actions be taken with respect to the Storage Area Network, Backup and Recovery Renewal Project Request for Proposal which deals with Storage Area Network (SAN) systems hardware, software and backup and recovery systems hardware and software, associated peripherals such as switches, implementation services and ongoing maintenance and support:

a)         the submission from OnX Enterprise Solutions Ltd, 231 Shearson Crescent, Suite 204, Cambridge, Ontario, N1T 1J5 for modernizing the City of London Storage Area Network and Backup and Recovery systems and their submitted total cost for hardware, software and implementation services of $1,786,892 M (excluding HST), BE ACCEPTED;

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

c)         approvals 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; and

d)         the financing for this project BE APPROVED as set out in the Source of Financing Report, as appended to the staff report dated November 26, 2013, as Appendix ‘A’.

9.

Apportionment of Taxes

That, on the recommendation of the Deputy City Treasurer, the taxes on the blocks of land described in the attached Schedules BE APPORTIONED as indicated on the Schedules pursuant to Section 356 of the Municipal Act, 2001; it being noted that there were no members of the public in attendance at the public hearing associated with this matter, to speak before the Corporate Services Committee.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

3.

Extension of Realty Services - Agency of Record Agreement

That consideration of the staff report dated November 26, 2013, with respect to the Agency of Record Agreement between The Corporation of the City of London and CB Richard Ellis Limited, BE DEFERRED to the next meeting of the Corporate Services Committee in conjunction with the receipt of additional information from the Civic Administration with respect to agreement details, fees for services, best practices in other municipalities and any other relevant information that would assist the CSC in considering this matter.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

6.

Council Service London Team

That the following actions be taken regarding the Council Service London Team:

a)         the City Clerk BE DIRECTED to implement a staffing model that provides for 1 Executive Assistant, 2 Administrative Assistants, 2 Co-op positions, as well as the creation of a permanent reception position, commencing in 2014; it being noted that this model can be accommodated within the existing budget; and

b)         the City Clerk BE DIRECTED to report back, at the beginning of the next Council term, on possible amendments to Council Policy 28(2) “Council Members’ Expense Account” to increase the annual expense allocation to $30,000 and to provide clarification as to how the additional funds could be utilized.

Motion Passed

YEAS: J.F. Fontana, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White (12)

NAYS: B. Polhill, D.G. Henderson, H.L. Usher (3)

The motion to Approve part b) of clause 6 is put.

Motion Failed

YEAS: J.F. Fontana, B. Polhill, J.L. Baechler (3)

NAYS: B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

10.

Consideration of Appointment to the Environmental and Ecological Planning Advisory Committee

That Derek Ellis BE APPOINTED as a Voting Member on the Environmental and Ecological Planning Advisory Committee for the term ending February 28, 2015.

Motion Passed

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

RECUSED: J.P. Bryant (1)

1st Report of the Corporate Services Committee

Councillor H.L. Usher presents.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Election of Vice-Chair for the term ending November 30, 2014

That Councillor J.P. Bryant BE ELECTED as Vice Chair of the Corporate Services Committee for the term ending November 30, 2014.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

20th Report of the Civic Works Committee

Councillor P. Van Meerbergen presents.

Motion made by Councillor P. Van Meerbergen to Approve clauses 1 - 6, and clause 8.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

8th Report of the Transportation Advisory Committee

That the 8th Report of the Transportation Advisory Committee, from its meeting held on November 5, 2013, BE RECEIVED.

3.

Hyde Park Nos. 5 and 6 Stormwater Management Facilities

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer and the Managing Director, Planning and City Planner, the following actions be taken with respect to the Hyde Park Nos. 5 and 6 Stormwater Management Facilities:

a)         the Civic Administration BE DIRECTED to proceed with a Subject Lands Status Report/Scoped EIS for the Hyde Park No. 5 SWM Facility site;

b)         the Civic Administration BE DIRECTED to proceed with the design and construction of Hyde Park No. 5 SWM Facility, in the general location identified in the Hyde Park Community Storm Drainage and Stormwater Management (SWM) Municipal Class Environmental Assessment (EA) Schedule ‘B’ study accepted by Council in 2002, subject to any requirements identified through the Subject Lands Status Report/Scoped EIS;

c)         the Civic Administration BE DIRECTED to conduct a Public Participation Meeting prior to the construction of the Hyde Park No. 5 SWM Facility, in order to provide the public with an opportunity to comment on the recommended design and compensation strategy developed as part of the evaluation consistent with a Subject Lands Status Report/Scoped EIS for the Hyde Park No. 5 SWM Facility site;

d)         the Civic Administration BE DIRECTED to proceed with the design and construction of Hyde Park No. 6 Stormwater Management Facility in the location identified in the Hyde Park Community Storm Drainage and Stormwater Management (SWM) Municipal Class Environmental Assessment (EA) Schedule ‘B’ study accepted by Council in 2002;

e)         the Civic Administration BE DIRECTED to conduct a Public Participation Meeting prior to the construction of the Hyde Park No. 6 SWM Facility, in order to provide the public with an opportunity to comment on the recommended design; and,

f)         the delegation request from A. Valestro, 133 John Street, Unit 1, BE REFERRED to the Public Participation Meeting to be scheduled at a future date with respect to this matter.  (2013-E08)

4.

Non-Disclosure Agreement with London Hydro for Utilizing Electricity Use Data

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law, as appended to the staff report dated November 25, 2013, BE INTRODUCED at the Municipal Council Meeting of December 3, 2013 to approve the Non-Disclosure Agreement with London Hydro with respect to obtaining and utilizing electricity use data for the purposes of creating energy maps to support the City of London’s upcoming Community Energy Action Plan, and to authorize the Mayor and the City Clerk to execute the Agreement on the City’s behalf.  (2013-L04)

5.

Endorsement of New Operational Plan for the Elgin-Middlesex Pumping Station (London Portion)

That, on the recommendation of the Director, Water and Wastewater, the Operational Plan for the London-owned portion of the Elgin-Middlesex Pumping Station BE ENDORSED as per the requirements of O. Reg. 188/07.  (2013-E08)

6.

2013 External Audit of London's Drinking Water Quality Management System and 2013 Management Review

That the following actions be taken with respect to the 2013 External Audit of London’s Drinking Water Quality Management System and 2013 Management Review:

a)         the Civic Administration BE DIRECTED to provide an updated report to the Municipal Council which reflects the fact that the Municipal Council has approved the additional resources required to address the 2013 audit findings; and,

b)         the staff report dated November 25, 2013 with respect to the 2013 External Audit of London’s Drinking Water Quality Management System, and the subsequent Management Review meeting, BE RECEIVED.  (2013-E08)

8.

Management of Traffic on Richmond Street

That it BE NOTED that Mayor J. F. Fontana enquired about the possibility of utilizing three lanes along Richmond Street for moving traffic during peak hours, rather than maintaining two lanes in either direction at all times.  The Civic Administration advised that switching lane directions is problematic and that Bus Rapid Transit is the optimal solution for managing traffic.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

7.

Waste Diversion and Garbage Collection Updates

That the following actions be taken with respect to the waste diversion and garbage collection updates:

a)         the Civic Administration BE DIRECTED to prepare business plans for the following initiatives from the report “Road Map 2.0 – The Road to Increased Resource Recovery and Zero Waste”:

i)          the provision of two blue boxes, at no cost, to residents of newly-constructed homes as part of recycling education and awareness;

ii)         the establishment of a multi-residential recycling cart purchase program that sells roll-out carts at cost; and,

iii)         the addition of vegetable oil and used oil collection to the EnviroDepots;

it being noted that the above-noted initiatives have public support and can be achieved with minimal cost;

b)         the Civic Administration BE DIRECTED to report back to the Civic Works Committee, by April 2014, with respect to:

i)          an identification and evaluation of best practices implemented in other municipalities for garbage and recycling collection;

ii)         an evaluation of the City of London’s current collection system in order to identify opportunities for further savings through optimization;

iii)         public feedback with respect to frequency of garbage and recycling collection; and,

iv)        an evaluation of the advantages and disadvantages of contracting garbage collection, and identification of the processes that are required to be followed if such an option were to be pursued;

c)         the report entitled “Road Map 2.0 – The Road to Increased Resource Recovery and Zero Waste” BE RECEIVED and BE APPROVED for release for the purpose of public engagement, which will include outreach through traditional media, social media, the City’s website and at community events between January 2, 2014 and April 30, 2014;

it being further noted the Civic Works Committee received the attached presentation from the Director, Environment, Fleet and Solid Waste with respect to this matter.  (2013-E07)

Motion Passed

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

NAYS: B. Armstrong, J.B. Swan (2)

25th Report of the Planning and Environment Committee

Councillor B. Polhill presents.

Motion made by Councillor B. Polhill to Approve clauses 1 to 8, clause 10 and clauses 12, 13 and 15 to 17.

1.

Disclosures of Pecuniary Interest

2.

Properties located at 3130 and 3260 Dingman Drive and the rear portion of 4397/4407 Wellington Road South (OZ-8120)

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED, in response to letters of appeal to an Official Plan Amendment and a Zoning By-law Amendment for properties located at 3130 and 3260 Dingman Drive and the rear portion of 4937 and 4407 Wellington Road South, that the Municipal Council has reviewed its decision related to these matters and sees no reason to alter it; it being noted that the following letters of appeal were received regarding these matters:

a)         B.R. Card, on behalf of the Upper Thames River Conservation Authority and Wood Bull, on behalf of Greenhills SC Ltd., dated July 24, 2013, relating to the Official Plan and Zoning By-law No. Z.-1 for the properties; and,

b)         Goodmans, on behalf of Costco Wholesale Corporation, dated September 24, 2013, relating to Zoning By-law No. Z.-1 for the properties;

it being further noted that the Planning and Environment Committee reviewed and received a communication dated November 15, 2013, from S. Mahadevan, Wood Bull, relating to this matter.   (2013-D14A/L01)

3.

Property located at 982 Gainsborough Road (Z-8178)

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED, in response to a letter of appeal to Zoning By-law Amendment Z-1-132225 for the property located at 982 Gainsborough Road, that the Municipal Council has reviewed its decision related to this matter and sees no reason to alter it; it being noted that a letter of appeal dated September 25, 2013, submitted by Patton Cormier & Associates, on behalf of Markey Holdings Inc., was received regarding this matter.   (2013-D14A/L01)

4.

Contract Renewal for the Management of Environmentally Significant Areas

That, on the recommendation of the Managing Director, Planning and City Planner, with the concurrence of the Deputy City Treasurer, the following actions be taken with respect to the renewal of the five year Agreement with the Upper Thames River Conservation Authority for the management of Environmentally Significant Areas in the City of London:

a)         whereas Clause 2 of the existing Agreement permits an extension of the Agreement for a further term, and whereas, Section 14.3 (c) of the City of London Procurement of Goods and Services Policy permits the renewal of contracts, therefore the Civic Administration BE AUTHORIZED to renew the Agreement with the Upper Thames River Conservation Authority for the management of Environmentally Significant Areas in the City of London as a “Sole Source” Contract for a period of five years;

b)         the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to authorize the Mayor and the City Clerk to execute the final updated and revised five year Agreement with the Upper Thames River Conservation Authority for the management of Environmentally Significant Areas in the City of London;

c)         the Tree Hazard Management Policy, as appended to the staff report as Appendix “B” BE ENDORSED for use in Environmentally Significant Areas that are subject to this Agreement in accordance with Clause 1 (c) of the said Agreement to address risk management issues while protecting the environmental value of aging trees;

d)         the flow through operating budget for this Agreement BE INCLUDED in the Planning Services base budget for 2014 to 2018; and,

e)         the budget reduction of $72,000, for this project, BE REFERRED to the 2014 Budget deliberations;

it being noted that, in order to meet the proposed 2014 Operating Budget target, the value of the contract, in 2014, has been reduced by 15% ($72,000) to $408,066;

it being further noted that the Planning and Environment Committee reviewed and received a communication dated November 23, 2013 from A. Caveney, 46 Kingspark Crescent, with respect to this matter; and,

it being pointed out that the Planning and Environment Committee heard a verbal presentation from A.Shivas, Coordinator, Lands and Facilities, Upper Thames River Conservation Area, with respect to this matter.   (2013-L04)

5.

Property located at 1331 Hyde Park Road (H-8226)

That, on the recommendation of the Senior Planner, Development Planning, related to the application of Hyde Park Crossings Ltd., relating to the property located at 1331 Hyde Park Road, the proposed by-law, as appended to the staff report dated November 26, 2103, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 1331 Hyde Park Road FROM a Holding Business District Special Provision (h*BDC2 (4)) Zone TO a Business District Commercial Special Provision (BDC2 (4)) Zone, to remove the holding “h” provision. (2013-D14B)

6.

Property located at 3493 Colonel Talbot Road

That, the following actions be taken with respect to the information report from the Managing Director, Development and Compliance Services & Chief Building Official, in response to the presentation provided at the October 16, 2013 Planning and Environment Committee by D. Ailles, York Developments and L. Courtney, 3493 Colonel Talbot Road, relating to the property located at 3493 Colonel Talbot Road:

a)         the Civic Administration BE DIRECTED to report back within two months of receipt of a completed application by York Developments and L. Courtney, 3493 Colonel Talbot Road, relating to the property located at 3493 Colonel Talbot Road; and,

b)         the Civic Administration BE DIRECTED to consider the following:

i)          the feasibility of accelerating the completion of the stormwater management facility to 2014;

ii)         the cost of accelerating the stormwater management facility; and,

iii)         determining whether or not accelerating the stormwater management facility is in accordance with the Development Charges Study and the Growth Management Implementation Strategy.  (2013-D14)

7.

Building Division Monthly Report for October 2013

That the Building Division Monthly Report for October 2013 BE RECEIVED.  (2013-D00)

8.

Property located at 1420 Global Drive (Z-8232)

That, on the recommendation of the Managing Director, Planning and City Planner, related to the application of Dancor Construction Ltd., relating to the property located at 1420 Global Drive, the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 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 (LI1/LI2/LI6) Zone TO a Light Industrial Special Provision (LI1/LI2/LI6(_)) Zone; it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-D14A)

10.

Property located at 1193 Sunningdale Road East (Z-8231)

That, on the recommendation of the Managing Director, Planning and City Planner, related to the application of S. & J. Foster, relating to the property located at 1193 Sunningdale Road East, the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 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 R1 (R1-14) Zone TO a Residential R1 (R1-8) Zone on the northern portion of the subject site and a Residential R1 (R1-13) Zone on the remainder of the site;

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

12.

Review of Holding Provision Requirements in Zoning By-law Z-1

That, on the recommendation of the Manager of Development Services and Planning Liaison, the following actions be taken with respect to a City-initiated application to amend the requirements relating to the implementation of holding provisions in Zoning By-law No. Z.-1:

a)         the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to amend Section 3.8.2 (Holding Zone Provisions) by revising the  “Purpose”  to state that the “h” symbol shall not be deleted until the required security has been provided for the development agreement or subdivision agreement and the Municipal Council is satisfied that the conditions of the approval of the plans and drawings for a site plan or the conditions of the approval of a draft plan of subdivision will ensure a development agreement or subdivision agreement is executed by the applicant and the City prior to development;

b)         the Civic Administration BE DIRECTED to take all necessary steps in connection with future applications to bring forward a by-law for the purpose of removing “h” holding provisions at the same time as special provisions are recommended for subdivision agreements or special provisions are prepared for development agreements; and,

c)         the Civic Administration BE DIRECTED to undertake a comprehensive review of the current practice of applying holding provisions in By-law No. Z.-1, and report back on alternative planning and zoning tools that may be employed to redefine and reduce the use of redundant or unnecessary holding provisions in By-law Z-1;

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

13.

Land Needs Background Study for the 2011 Official Plan Review (O-7938)

That, on the recommendation of the Managing Director, Planning and City Planner, the Land Needs Background Study for the 2011 Official Plan Review, the Land Needs Background Study BE ADOPTED as a Background Document for the Rethink London Official Plan Review process;

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

•           Joe Pereira, on behalf of Kape Developments - confirming that staff is asking the Planning and Environment Committee to adopt the staff recommendation; and, enquiring how appeals work relating to matter.

•           Sergio Pompilii, Sergio E. Pompilii & Associates Ltd. - understanding that, in two weeks, they have an opportunity to look at the scenario for the area he is concerned with, being East London, to see if they can be brought in; advising that there is not an oversupply for growth in East London; indicating that East London is different from other areas of the city; advising that there has been a decrease in the population in East London because there is not the land supply for housing, which hurts East London; and, advising that there is an existing population and existing infrastructure in East London that needs to be dealt with.   (2013-D08)

15.

Properties located at 3924 and 4128 Colonel Talbot Road (OMB File: PL130130, PL130131, PL130132)

That, it BE NOTED that the Planning and Environment Committee reviewed and received a communication dated November 25, 2013, from S. Stapleton, Vice-President, Auburn Developments, withdrawing his request for delegation status relating to this matter.  (2013-L01/D12)

16.

11th Report of the London Advisory Committee on Heritage

That, the following actions be taken with respect to the 11th Report of the London Advisory Committee on Heritage (LACH) from its meeting held on November 13, 2013:

a)         the minutes of the Stewardship Sub-Committee and verbal presentation from J. Lutman, from its meeting held on October 30, 2013:

i)          the residence located at 371 Wharncliffe Road North BE ADDED to the Inventory of Heritage Resources as a Priority 2 listing, for historical and contextual reasons; and,

ii)         a notice of the Municipal Council's intention to designate the property located at 664 Dundas Street (Clay Arts Building) to be of cultural heritage value or interest BE GIVEN, for the reasons appended to the 11th Report of the London Advisory Committee on Heritage, under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.;

b)         on the recommendation of the Managing Director of Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of the Roman Catholic Diocese of London, requesting permission for a revision to the designation by-law of the designated heritage property located at 1070/1040 Waterloo Street, BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed revision and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible; and,

c)         clauses 3 to 8, inclusive, of the 11th Report of the LACH BE RECEIVED.

17.

Review of Planning Application Fees

That, on the recommendation of the Managing Director, Planning and City Planner, pursuant to the PricewaterhouseCoopers Quarterly Report on Internal Audit results and further direction from Municipal Council respecting planning application fees, the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting on December 3, 2013;

it being noted that the Planning and Environment Committee reviewed and received a communication dated November 22, 2013 from J. Kennedy, London Development Institute, with respect to this matter.  (2013-C01)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

9.

Properties located at 595 and 607 Industrial Road (Z-8272)

That, on the recommendation of the Managing Director, Planning and City Planner, related to the application of the City of London, relating to the properties located at 595 and 607 Industrial Road, the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning on a portion of the subject lands FROM a General Industrial (GI1) Zone and Open Space (OS4) Zone (595 Industrial Road) and a General Industrial/Heavy Industrial (GI1/HI1) Zone and Open Space (OS4) (607 Industrial Road) TO an Open Space (OS4) Zone on a portion of the lands;

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

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)

RECUSED: N. Branscombe (1)

11.

Property located at 3804 South Winds Drive (39T-09503/OZ-7698)

That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken with respect to the application of Southside Group of Companies, relating to the property located at 3804 South Winds Drive:

a)         the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to amend the Official Plan to change the designation on Schedule “A” (Land Use from Environmental Review to Open Space) and to change the delineation on Schedule “B” (Flood Plain & Environmental Features from Potential Environmentally Significant Area (Potential ESA) to Environmentally Significant Area (ESA));

b)         the Approval Authority BE ADVISED that, at the public participation meeting of the Planning and Environment Committee held with respect to this matter, issues were raised with respect to the following:

i)          the quantity and quality of the water supply;

ii)          the encroachment into Environmentally Significant Areas;

iii)         the compliance with the Provincial Policy Statement; and,

iv)        flooding concerns;

c)         the Approval Authority BE ADVISED that the Municipal Council supports issuing draft approval of the proposed plan of residential subdivision, submitted by Southside Construction Limited (File No. 39T-09503), prepared by Zelinka Priamo Ltd., drawing No. SSD/LON/05-01, as red-line amended, which shows 17 single detached lots, a park block, a park and open space block served by two local public streets,  SUBJECT TO the conditions contained in the attached, revised, Appendix "C";

d)         the proposed by-law as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject lands FROM an Agricultural (AG1) Zone, a Holding Agricultural (h-2•AG1) Zone, an Environmental Review (ER) Zone, a Holding Open Space (h-2•OS4) Zone, and an Open Space (OS5) Zone TO a Holding Residential R1 Special Provision (h. h(  ).h(  ).h(  )•R1-14(  ) Zone, to permit single detached dwellings with a minimum lot area of 3000 square metres (32,292 sq.ft.) and to an Open Space (OS5) Zone, to permit such uses as conservation lands, conservation works, passive recreation uses which include hiking trails and multi-use pathways and managed woodlots; it being noted that the Holding (h) Provisions are to ensure that there is orderly development through the execution of a subdivision agreement; to ensure the proposed stormwater management system servicing this subdivision is constructed and operational to the satisfaction of the City, to ensure private individual sanitary disposal systems on each lot are installed in accordance with applicable recommendations and in compliance with the overall servicing strategy for this subdivision to the satisfaction to the City, and to ensure private water wells on each lot are in compliance with the overall servicing strategy for this subdivision to the satisfaction of the City;

e)         the “Estimated Claims and  Revenues Report”, provided as Appendix ‘D’ to the associated staff report, dated November 26, 2013 BE APPROVED; and,

f)         the Civic Administration BE REQUESTED to report back at a future meeting of the Planning and Environment Committee on the cost of providing services, such as water, to the subject lands;

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

·                     Richard Zelinka, Zelinka Priamo Ltd. – expressing support for the staff recommendation; indicating that this application has been worked on for quite a long time; advising that this is a Rural Settlement Area; noting that it does not require an Official Plan Amendment for the Rural Settlement component; further noting that this is already part of the City of London’s Official Plan; advising that the Official Plan amendment component of this recommendation relates to providing details on the extent of the environmental lands and the appropriate designations for those lands; indicating that the planned function for these lands is, and has always been since before annexation, has been Rural Settlement; advising that this designation intends for there to be large lots on private services; reiterating that the designation requires private services; noting that this is not an area where the applicant can come forward and propose anything other than private services; indicating that, through the initial public meeting, it was identified that there are residences in the area that have had problems with their own services, particularly with water and water wells in the area; advising that, because of these problems, the City of London undertook a rigorous review process; noting that this is one of the reasons for the long delay that they have had in coming back; advising that the City was being very cautious in its approach to this area; indicating that with the multiple peer reviews, as there had to be a peer review every time new information was brought forward by the applicant, it was peer reviewed by the City’s peer reviewer for the hydrogeological information that was brought forward to ensure that the lots that were being proposed are adequate for the private services and to make specifications, particularly with respect to two points; noting that one of the points is that the water wells are going to have to go to the deep aquifer; advising that people on the shallow aquifer are having problems and will have to go to the deep aquifer in this area, which will support a 22 lot subdivision readily and tertiary treatments for sanitary purposes on each of the lots; noting that this is not the conventional septic system, but rather a tertiary treatment system which is a higher level of treatment for each lot; having determined that these private services could be supported on the original 22 lots, the applicant turned around and reduced it to 17 lots so that there is an extra margin of comfort on this whole matter; advising that the larger lots are also in keeping with the surrounding area; identifying that Condition 90 in the proposed plan of residential subdivision needs further discussion with the Fire Department and staff; expressing concern with Condition 33 ii) as the statement is self-contradictory in that the applicant is required to put in the cadillac of tertiary treatment systems and, yet, this system requires there to be a conventional footprint system on each lot as well; requesting that Condition 33 ii) be referred back to staff to allow them to have further discussion to resolve that apparent inconsistency; expressing concern with Condition 54, which is a Condition for the applicant to provide cash-in-lieu to cover the cost of removing the cul-de-sacs at the edge of development for Street “A” and South Winds Drive; noting that the applicant will have to remove the cul-de-sac at South Winds Drive at his own expense; indicating that the anomaly is that the two cul-de-sacs that are being built as part of this subdivision do not lead into lands that are designated residential, do not lead into lands that are designated Urban Reserve; advising that they lead into Agricultural lands; indicating that there is no expectation, not just in the near future, but not even for the long-term future of this municipality, that those lands will go into residential development; reiterating that they are asking that the cash-in-lieu for the removal of the cul-de-sacs be removed from the Conditions; requesting that this be considered further by staff before the Conditions are approved; advising that additional wells have been drilled in this area; advising that reports have been completed indicating that the deep aquifer has a tremendous volume of water; indicating that the hydrogeotechnical reports demonstrate that, even with the 22 lots that were originally proposed, the expectation is that the water level within that aquifer would go down less than an inch at full usage; reiterating that there has been additional work done, which, he believes, the residents were concerned about; advising that the City required that the additional work be done; advising that an Environmental Impact Study has been completed for the stormwater management pond and there has been considerable attention paid to the stormwater management outlet; indicating that the optimal route has been identified through the study of this area; indicating that the stormwater route will be an old tractor trail that goes down the side of the slope; advising that this is the optimal route because it does not require major disturbance of the slopes in this area; advising that the City of London and the Upper Thames River Conservation Authority are requiring that there be an additional study at the detailed design stage; noting that this stage is when the storm outlet has all of the final engineering details and it also has to go through an Environmental Impact Study as well to ensure that everything has been done properly; advising that there is no requirement that all Environmentally Significant Area lands be in public ownership; advising that all Environmentally Significant Area lands in this area are all private ownership and a large portion of those lands will remain in private ownership; advising that there will be no lot lines differentiating the property from the Environmentally Significant Area; advising that there will be clear monumentalization, as required by the City, to ensure that there is a clear understanding of where the Environmentally Significant Area starts; reiterating that this is not a redesignation of Agricultural lands, this is a Rural Settlement Designation that has been applied to this area since the lands were in the Township of Westminster; reiterating that this is the intended use for these lands; indicating that this area is being used as it is intended to be used, the same as a huge portion of the lands  in the urban areas within the City of London are used; advising that fire services are provided at a different level of service as there are no hydrants; advising that this is appropriate for rural settlement areas; indicating that the developer has reviewed the proposal, which is why it has taken so long to come back; indicating that the applicant has reduced the number of lots; and, reiterating that this application has been  supported by staff, by peer reviewers and by the consultants who provided the initial comments.

·                     Joe Liberatore, 3920 South Winds Drive – indicating that he was going to rehash everything and go through the Notice process because very few of his neighbours are represented here because of the inopportune way that they received the Notices; advising that he received it by accident when he came back from work; advising that they have a lawyer from McKenzie Lake, who is representing one of the other owners who cannot be here because of illness; reacting to what was said, when the comment was made about shallow wells being lost, it was not a shallow well; noting that 113 feet is not a shallow well; advising that it is a deep well and it was his well that was lost; advising that, when the well was lost, the first thing he did was go to the Ministry of the Environment; indicating that the Ministry of the Environment advised him that all of the guidelines were met and there is nothing that can be done; advising that he drilled a new well; advising that he drilled the new well an extra 20 feet, at his own expense; enquiring as to what guarantee is there, that when these 17 wells go in, that none of them are going to lose their water again; indicating that the reference relating to the applicant reducing the number of lots from 22 to 17, everyone is forgetting that the area of the lots remains the same; indicating that the highest water use will be in the Summer for irrigation purposes; noting that you will be using an astronomical amount of water, the same as the 22 lots; indicating that the reduction in lots from 22 to 17 does not alleviate all of their concerns because it does not; indicating that at the last meeting, it was left that they were going to get some kind of study from the former City Engineer; noting that he was in contact with Mr. McNally; indicating that they were looking at bringing in the cost of water for the residents that have been there since the City of London’s tax grab when they were taken over from the Town of Westminster; apologizing for his frank speaking; expressing frustration that when you pay City taxes for 20 years and you have had no improvements, except that they are allowed to gift wrap two bags of garbage a week and deliver it to the street, that is the improvement that they have received; indicating that they should be treated like any other tax payer in the City; enquiring as to where the report from Mr. McNally is; realizing that Mr. McNally is no longer here, but someone from the City should have met with them, advised them of the cost and what the City can do; reiterating that nothing has happened; and, advising that they then receive the Notice advising of the public participation meeting on this matter.

·                     Steve Gibson, McKenzie Lake – indicating that the concern has always related to the water supply; advising that when his client advised him of this public participation meeting yesterday, he has had discussions with the City representative; advising that he is looking to receive the peer study; indicating that the information has not been provided to the landowners; indicating that, at this point, the primary concern has not been answered as to the supply and the quality of the water and the effects of the difference between the number of lots, whether it is 17 or 22; advising that the original objection about the water supply has not been answered to the satisfaction of the residents along South Winds Drive.

·                     Sandy Levin, 59 Longbow Road – advising that he was one of the people who reviewed the Environmental Impact Study; indicating that he has some questions and concerns to try and clarify, particularly the redline changes, to see if they have addressed some of the concerns; indicating that, it appeared, in the Environmental Impact Statement, that the backyards of some of the lots included lands that were designated Environmentally Significant Area; indicating that, even though there are some conditions of approval regarding future tree removal, encroachment into Environmentally Significant Area lands is very difficult to enforce, as Members of the Committee know; indicating that Condition 21 on Page 168 of the Planning and Environment Committee Agenda does not require fencing; noting that, in the Condition, monumenting is sufficient; advising that, this suggests to him that it still includes Environmentally Significant Area lands, which makes it easier to encroach and also makes it more likely that invasive species from those lots will end up in the Environmentally Significant Area; expressing appreciation that there is a requirement for all subdividers, who build adjacent to parts of the natural heritage system, to prepare a booklet of educational material; reminding the Committee that the brochure also come with lots of other material that new homeowners get; noting that it is only in the hands of the new homeowner, not any future owners; advising that work still needs to be done on how to make the information more readily available, not only to the people immediately adjacent to the Environmentally Significant Area, but also to those who enjoy them; realizing that there was a discussion about this earlier today; advising that, with respect to the Stormwater Management Pond, which also remains to be seen, another Environmental Impact Statement is going to be required; enquiring as to why the Environmental Impact Statements would not have been done at the same time; and, indicating that it is not clear, at this point in time, whether the storm works are also going to be located in the Environmentally Significant Area.

·                     Valerie M’Garry, 37 Milmanor Place, Delaware – see attached submission.  (2013-D14A/D12)

Motion Passed

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

NAYS: J.P. Bryant (1)

14.

Secondary Dwelling Units (OZ-8053)

That, the application of the City of London, relating to an Official Plan Amendment to introduce new city-wide policies related to secondary dwelling units and for a Zoning By-law Amendment to introduce regulations related to secondary dwelling units BE REFERRED back to the Civic Administration at a future public participation meeting of the Planning and Environment Committee, for the following:

a)         to provide further clarification;

b)         to receive advice from the London Housing Advisory Committee; and,

c)         to receive advice from the Town & Gown Committee.   (2013-D14A)

Motion Passed

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

RECUSED: J.P. Bryant (1)

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Approve reconsideration of clause 2, to allow discussion on the item.

Motion Passed

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

NAYS: S. Orser, D.G. Henderson (2)

2.

Properties located at 3130 and 3260 Dingman Drive and the rear portion of 4397/4407 Wellington Road South (OZ-8120)

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED, in response to letters of appeal to an Official Plan Amendment and a Zoning By-law Amendment for properties located at 3130 and 3260 Dingman Drive and the rear portion of 4937 and 4407 Wellington Road South, that the Municipal Council has reviewed its decision related to these matters and sees no reason to alter it; it being noted that the following letters of appeal were received regarding these matters:

a)         B.R. Card, on behalf of the Upper Thames River Conservation Authority and Wood Bull, on behalf of Greenhills SC Ltd., dated July 24, 2013, relating to the Official Plan and Zoning By-law No. Z.-1 for the properties; and,

b)         Goodmans, on behalf of Costco Wholesale Corporation, dated September 24, 2013, relating to Zoning By-law No. Z.-1 for the properties;

it being further noted that the Planning and Environment Committee reviewed and received a communication dated November 15, 2013, from S. Mahadevan, Wood Bull, relating to this matter.   (2013-D14A/L01)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, S.E. White (10)

NAYS: J.L. Baechler, N. Branscombe, D. Brown, H.L. Usher, J.P. Bryant (5)

22nd Report of the Community and Protective Services Committee

Councillor D. Brown presents.

Motion made by Councillor D. Brown to Approve clauses 1 to 11, excluding clause 7.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

2014 Volunteer Service Awards Program

That the communication dated November, 2013, from M. Coteau, Minister, Ministry of Citizenship and Immigration, with respect to the 2014 Volunteer Service Awards program, BE RECEIVED. (2013-M11)

3.

11th Report of the London Housing Advisory Committee

That the 11th Report of the London Housing Advisory Committee, from its meeting held on November 13, 2013, BE RECEIVED.

4.

12th Report of the Animal Welfare Advisory Committee

That the 12th Report of the Animal Welfare Advisory Committee, from its meeting held on November 7, 2013, BE RECEIVED.

5.

Animal Welfare Services Funding

That, on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official, the staff report dated November 25, 2013, with respect to animal welfare services funding, BE RECEIVED for information. (2013-F05)

6.

Provincial Social Assistance Service and Rate Structure Reviews

That, on the recommendation of the Managing Director of Housing, Social Services, and Dearness Home, the staff report dated November 25, 2013, with respect to service and rate structure reviews for social assistance, BE RECEIVED for information. (2013-S04)

8.

RFP 13-29 - Supply and Delivery of Automatic External Defibrillators

That, on the recommendation of the Fire Chief, with the concurrence of the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to the supply and delivery of automatic external defibrillators:

a)         the submission from Physio-Control Canada Sales, Ltd., 7111 Syntex Drive, 3rd Floor, Mississauga, ON L5N 8C3, for the supply and delivery of automatic external defibrillators, with training capabilities, at the proposed price of $78,965.25, HST extra, BE ACCEPTED;

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

c)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract of record relating to the subject matter of this approval; and,

d)         the funding for this purchase BE APPROVED as set out in the Sources of Financing Report, as appended to the staff report dated November 25, 2013.  (2013-F18)

9.

2012 Emergency Management Program Update

That, on the recommendation of the Division Manager, Corporate Security and Emergency Management, with the concurrence of Managing Director, Corporate Services and Chief Human Resources Officer, the following actions be taken with respect to the 2013 Emergency Management Program:

a)         the proposed by-law, as appended to the staff report dated November 25, 2013, BE INTRODUCED at the Municipal Council meeting of December 3, 2013 to:

i)          adopt the Emergency Management Program, including the London Emergency Response Plan as set out in Schedule “A” of the by-law; and,

ii)         repeal By-law A.-6786-77; and,

b)         the staff report dated November 25, 2013 with respect to this matter and including the details of 2012 Emergency Management Program BE    RECEIVED for information.  (2013-P03)

10.

A. Oudshoorn, Chair, London Homeless Coalition - London Homeless Coalition Advocacy Campaign

That an immediate $100/month increase to Ontario Works rates for a single adult, funded by the Province, BE ENDORSED and that the Province BE ADVISED of the Council position with respect to this matter; it being noted that the proposed increase was recognized as a need in the Commission for the Review of Social Assistance in Ontario, 2012; it being further noted that the Community and Protective Services Committee received a verbal presentation from A. Oudshoorn, Chair London Homeless Coalition, with respect to this matter.   

11.

5th Report of the Council Housing Leadership Committee

That the following actions be taken with respect to the 5th Report of the Council Housing Leadership Committee, from its meeting held on November 18, 2013:

a)         on the recommendation of the Director, Municipal Housing, with the concurrence of the Managing Director of Housing, Social Services, and Dearness Home, the following actions be taken with respect to a proposed Housing Development Corporation (HDC):

i)          the interim report entitled “Business Model Development for a Housing Development Corporation for the City of London” from SHS Consulting Inc., BE RECEIVED; and,

ii)         the Civic Administration BE DIRECTED to report back at a future meeting of the Council Housing Leadership Committee outlining potential action plans and resource requirements; it being noted that the action plans should include appropriate validation and the cost of governance;

it being noted that the Council Housing Leadership Committee heard a verbal presentation from C. Pacini, SHS Consulting Inc., A. Spence, MaRS and N. Tasevski, Purpose Capital, with respect to this matter;

b)         on the recommendation of the Managing Director, Neighbourhood, Children and Fire Services and the Managing Director of Housing, Social Services, and Dearness Home, the following actions be taken with respect to the Homeless Prevention and Housing Plan, 2010 to 2024:

i)          the Homeless Prevention and Housing Plan 2010 to 2024, BE APPROVED substantially in the form appended to the 5th Report of the Council Housing Leadership Committee;

ii)         the above-noted Plan BE ADOPTED as the Local Service Management Plan, as required under the Housing Services Act, 2011; and,

iii)         a copy of the Municipal Council resolution relating to the Homeless Prevention and Housing Plan 2010 to 2024 and the Plan BE FORWARDED to the Provincial Minister of Municipal Affairs and Housing for review;

it being noted that any final amendments to the Plan, based on provincial review, will be included in its final published version and will be shared with the Municipal Council; and,

c)         clauses 3 and 4 BE RECEIVED.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

7.

Amendment to Purchase of Service Agreement - Ontario Works Employment Assistance Services

That, on the recommendation of the Managing Director of Housing, Social Services and Dearness Home, the proposed by-law, as appended to the staff report dated November 25, 2013, BE INTRODUCED at the Municipal Council meeting of December 3, 2013 to:

a)         approve the Amending Agreement with Goodwill Industries, Ontario Great Lakes for the delivery of the Circles Initiative; and,

b)         authorize the Mayor and the City Clerk to execute the Amending Agreement.  (2013-L04)

Motion Passed

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

RECUSED: P. Hubert (1)

1st Report of the Community and Protective Services Committee

Councillor D. Brown presents.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (11)

NAYS: B. Armstrong, J.B. Swan, D.G. Henderson, P. Van Meerbergen (4)

1st Report of the Committee of the Whole (continued)

Councillor P. Hubert presents.

1st Report of the Strategic Priorities and Policy Committee

Councillor P. Van Meerbergen presents.

Motion made by Councillor P. Van Meerbergen to Approve clauses 1 and 2.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

X

DEFERRED MATTERS

XI

ENQUIRIES

XII

EMERGENT MOTIONS

XIII

BY-LAWS

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

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Introduction and First Reading of Bill No.s 1, 2 and 4 to 23 and 25.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, 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 Second Reading of Bill No.s  1, 2 and 4 to 23 and 25.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, 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 Third Reading and Enactment of Bill No.s  1, 2 and 4 to 23 and 25.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, 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 B. Polhill to Approve Introduction and First Reading of Bill No. 3.

Motion Passed

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

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve Second Reading of Bill No. 3.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, 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 N. Branscombe to Approve Third Reading and Enactment of Bill No. 3.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, 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. Van Meerbergen to Approve Introduction and First Reading of Bill No. 24.

Motion Passed

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

RECUSED: N. Branscombe (1)

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Second Reading of Bill No. 24.

Motion Passed

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

RECUSED: N. Branscombe (1)

Motion made by Councillor D. Brown and seconded by Councillor B. Polhill to Approve Third Reading and Enactment of Bill No. 24.

Motion Passed

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

RECUSED: N. Branscombe (1)

Motion made by Councillor B. Polhill and seconded by Councillor J.P. Bryant to Approve Introduction and First Reading of Added Bill No.s 26, 27 and 29.

Motion Passed

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

Motion made by Councillor B. Polhill and seconded by Councillor J.B. Swan to Approve Second Reading of Added Bill No.s 26, 27 and 29.

Motion Passed

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

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Third Reading and Enactment of Added Bill No.s 26, 27 and 29.

Motion Passed

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

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve Introduction and First Reading of Bill No. 28.

Motion Passed

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

RECUSED: P. Van Meerbergen (1)

Motion made by Councillor D. Brown and seconded by Councillor H.L. Usher to Approve Second Reading of Bill No. 28.

Motion Passed

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

RECUSED: P. Van Meerbergen (1)

Motion made by Councillor S. Orser and seconded by Councillor B. Polhill to Approve Third Reading and Enactment of Bill No. 28.

Motion Passed

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

RECUSED: P. Van Meerbergen (1)

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

Bill No. 1

By-law No. A.-7037-1

A by-law to confirm the proceedings of the Council Meeting held on the 3^rd day of December, 2013. (City Clerk)

Bill No. 2

By-law No. A.-7038-2

A by-law to approve and authorize the execution of a Non-Disclosure Agreement with respect to obtaining and utilizing address-level electricity use data for the purposes of creating and updating energy maps and related analytical tools between London Hydro and The Corporation of the City of London. (4/20/CWC)

Bill No. 3

By-law No. A.-7039-3

A By-law to approve the Amending Agreement to the Employment Assistance Services Agreement between The Corporation of the City of London and Goodwill Industries, Ontario Great Lakes. (7/22/CPSC)

Bill No. 4

By-law No. A.-7040-4

A by-law to repeal By-law No. A.-6786-77 (A by-law to repeal By-law No. A.-6661-135 and to adopt an emergency management program and plan) and to adopt an emergency management program and plan. (9/22/CPSC)

Bill No. 5

By-law No. A.-7041-5

A By-law to authorize a Lease Agreement between The Corporation of the City of London and the London Police Services Board, covering the use of the City owned property at 42 St. Julien Street, and to authorize the Mayor and the City Clerk to execute the Agreement. (2/30/CSC)

Bill No. 6

By-law No. A.-7042-6

A by-law to delete and replace Council Policy 22(3) entitled “City of London Community Suite Policy”. (4/30/CSC)

Bill No. 7

By-law No. A.-7043-7

A By-law to approve an Agreement between the Corporation of The City of London and the Upper Thames River Conservation Authority; and to authorize the Mayor and City Clerk to execute the Agreement. (4/25/PEC)

Bill No. 8

By-law No. C.P.-1284(tn)-8

A by-law to amend the Official Plan for the City of London, 1989 relating to 3804 Southwinds Drive. (11/25/PEC)

Bill No. 9

By-law No. CP-20

A by-law to provide for the Tariff of Fees for the processing of applications under the Planning Act,  R.S.O. 1990, c. P.13, as amended and to repeal By-law CP-18. (17/25/PEC)

Bill No. 10

By-law No. C.P.-1491-9

A by-law to exempt from Part Lot Control, lands located on the south side of Silverfox Crescent, at Denview Avenue, legally described as part of Block 80 in Registered Plan 33M-622, more particularly described as Parts 1-9 in Plan 33R18754 in the City of London and County of Middlesex. (8/8/BNEC-2011)

Bill No. 11

By-law No. L.S.P.-3432-10

A by-law to designate 275 Thames Street to be of historical and contextual value or interest. (13/21/PEC)

Bill No. 12

By-law No. S.-5610-11

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as widening to Ashland Avenue, south of Florence Street). (Chief Surveyor)

Bill No. 13

By-law No. S.-5611-12

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as widening to Wortley Road, south of Langarth Street East). (Chief Surveyor)

Bill No. 14

By-law No. S.-5612-13

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as widening to Clayton Walk). (Chief Surveyor)

Bill No. 15

By-law No. S.-5613-14

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as widening to Meadowlands Way, at Callingham Drive). (Chief Surveyor)

Bill No. 16

By-law No. S.-5614-15

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Callingham Drive, east of Meadowlands Way). (Chief Surveyor)

Bill No. 17

By-law No. S.-5615-16

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (for the purposes of a public highway for pedestrian use only.) (Chief Surveyor)

Bill No. 18

By-law No. S.-5616-17

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Saunby Street, at Gunn Street) (Chief Surveyor)

Bill No. 19

By-Law No. W-8-14001

A by-law to amend By-law W-8 entitled, “Regulation of Water Supply in the City of London.” (2/15/SPPC)

Bill No. 20

By-law No. WM-28-14001

A by-law to amend By-law WM-28 entitled, “A by-law for regulation of wastewater and stormwater drainage systems in the City of London.” (2/15/SPPC)

Bill No. 21

By-law No. Z.-1-142245

A by-law to amend certain portions of text in Section 3 of By-law No. Z.-1. (12/25/PEC)

Bill No. 22

By-law No. Z.-1-142246

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the lands located at 1331 Hyde Park Road. (5/25/PEC)

Bill No. 23

By-law No. Z.-1-142247

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1420 Global Drive. (8/25/PEC)

Bill No. 24

By-law No. Z.-1-142248

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 595 and 607 Industrial Road. (9/25/PEC)

Bill No. 25

By-law No. Z.-1-142249

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1193 Sunningdale Road East. (10/25/PEC)

Bill No. 26

By-law No. Z.-1-142250

A by-law to amend By-law No. Z.-1 to rezone an area of land located 3804 South Winds Drive. (11/25/PEC)

Bill No. 27

By-law No. A.-7044-18

A by-law to authorize and approve a Land Ambulance Services Cost Apportionment Agreement between The Corporation of the County of Middlesex and The Corporation of the City of London and to authorize the Mayor and the City Clerk to execute the Agreement.

Bill No. 28

By-law No. A.-7045-19

A by-law to authorize and approve a Child Care Services Cost Apportionment and Agency Agreement between The Corporation of the City of London and The Corporation of the County of Middlesex and to authorize the Mayor and the City Clerk to execute the Agreement.

Bill No. 29

By-law No. A.-7046-20

A by-law to authorize and approve a Housing Services Cost Apportionment Agreement between The Corporation of the City of London and The Corporation of the County of Middlesex and to authorize the Mayor and the City Clerk to execute the Agreement.

Bill No. 30

By-law No. A.-7047-21

A by-law to authorize and approve an Ontario Works Services Cost Apportionment and Agency Agreement between The Corporation of the City of London and The Corporation of the County of Middlesex and to authorize the Mayor and the City Clerk to execute the Agreement.

Bill No. 56

By-law No. A.-7058-42

A by-law to authorize and approve an Amending Agreement for an Agreement between The Corporation of the City of London (the City) and Extendicare (Canada) Inc. (Extendicare) for the provision of Administrator and Management Consulting Services at the Dearness Home; and to authorize the Mayor and the Clerk to execute the Amending Agreement.

XIV

ADJOURNMENT