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Council

MINUTES

2ND MEETING

 

January 15, 2013

 

The Council meets in Regular Session in the Council Chambers this day at 4:48 PM.

 

PRESENT: Mayor J.F Fontana, B. Polhill, W.J. 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, J. Braam, B. Coxhead, J. Fleming, E. Gamble, M. Hayward, G.T. Hopcroft, G. Kotsifas, L. Livingstone, V. McAlea Major, J. Page, M. Ribera, L.M. Rowe, M. Turner, B. Warner and B. Westlake-Power.

 

At the beginning of the Meeting all Members are present except Councillors W.J. Armstrong and J.P. Bryant.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor J.B. Swan discloses a pecuniary interest in clause 4 of the 1st Report of the Investment and Economic Prosperity Committee, having to do with a performing arts centre proposal, by indicating that the project could have an impact on his employer, Orchestra London.  Councillor J.B. Swan also discloses a pecuniary interest in part c) of clause 4 of the 1st Report of the Planning and Environment Committee having to do with the recommendation of the London Housing Advisory Committee related to the property at 451 Ridout Street, by indicating that his employer rents space from the property owner. 

 

Councillor P. Hubert discloses a pecuniary interest in clause 13 of the 1st Report of the Planning and Environment Committee and the related Bill No.s 45 and 68, having to do with the properties located at 142 Horton Street East and 291, 297, 303 and 305 Richmond Street, by indicating that there is a private career college in the circulation area, and that he is the Executive Director of a social service agency which holds a private career college license. Councillor P. Hubert further discloses a pecuniary interest in the 2nd Report of the Strategic Priorities and Policy Committee related to any budget matters pertaining to Ontario Works by indicating that he is the Executive Director of a social services agency with a purchase of service agreement with Ontario Works.  Councillor P. Hubert also discloses a pecuniary interest in part c) of clause 4 of the 1st Report of the Planning and Environment Committee having to do with the recommendation of the London Housing Advisory Committee related to the property at 451 Ridout Street, by indicating that he is the Executive Director of a social services agency that rents space from the property owner. 

 

Councillor N. Branscombe discloses a pecuniary interest in clause 4 of the 2nd Report of the Civic Works Committee, having to do with an update on landfill gas utilization, by indicating that she has a distant association with one of the original project submissions. 

 

Councillor D. Brown discloses a pecuniary interest in clause 13 of the 1st Report of the Planning and Environment Committee having to do with the properties located at 142 Horton Street East and 291, 297, 303 and 305 Richmond Street, by indicating that her employer operates a business within 500m of the location. 

 

Councillor M. Brown discloses a pecuniary interest in clause 6 of the 1st Report of the Investment and Economic Prosperity Committee having to do with development proposals from Councillor D. Henderson, by indicating that his employer, the Thames Valley District School Board, is named in the proposals.  Councillor M. Brown further discloses a pecuniary interest in Bill No.s 52 (widening to Coronation Drive at Gainsborough Road) and 54 (assume certain works and services, Gainsborough Place Subdivision), by indicating that his residence is within the vicinity of these projects. 

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

            None.

 

III

ADDED REPORTS

 

 

4th Report of the Strategic Priorities and Policy Committee

 

 

3rd Report of the Civic Works Committee

 

IV

COMMITTEE OF THE WHOLE, IN CAMERA

 

Motion made by Councillor B. Polhill and seconded by Councillor J.B. Swan to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following: 

 

 

That Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

 

a)

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.  (CSC)

 

b)

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.  (CSC)

 

c)

A matter pertaining to personal information about an identifiable individual, including a municipal employee, with respect to employment related matters; advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose. (CSC)

 

d)

A matter pertaining to personal information about an identifiable individual, including a municipal employee, with respect to employment related matters; advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose.  (CSC)

 

e)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding parking services.  (SPPC)

 

f)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding roadway maintenance.  (SPPC)

 

g)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding downtown maintenance.  (SPPC)

 

h)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding road patching.  (SPPC)

 

i)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding customer relations.  (SPPC)

 

j)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect  to employment related-matters, 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 regarding fire services.  (SPPC)

 

k)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding the relocation of fire service training tower.  (SPPC)

 

l)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding interface and mobile data.  (SPPC)

 

m)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation regarding the London Public Library.    (SPPC)

 

n)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding corporate initiatives.  (SPPC)

 

o)

A matter pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition 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 disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed disposition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition; advice and recommendations of the Corporation concerning labour relations and employee negotiations with respect to associations or unions of the Corporation.  (SPPC)

 

 

p)

A matter pertaining to litigation or potential litigation with respect to the application of AnnaMaria Valastro to the Ontario Superior Court of Justice, bearing Court File No. 8937-12 in connection with By-law DR-102-207, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the application of AnnaMaria Valastro to the Ontario Superior Court of Justice, bearing Court File No. 8937-12 in connection with By-law DR-102-207 and giving instructions and directions to the solicitors of the municipality in connection with the application filed in the Ontario Superior Court of Justice.  (CWC)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 (14)

 

The Council rises and goes into Committee of the Whole, in camera, at 4:53 PM, with Mayor J.F. Fontana in the Chair and all Members present. 

 

The Committee of the Whole rises and Council resumes in regular session at 5:34 PM, with all Members present, except Councillor P. Van Meerbergen.

 

Councillor P. Van Meerbergen enters the meeting at 5:36 PM. 

 

V

RECOGNITIONS

 

1.

His Worship the Mayor introduces John Fleming and Gerta Zonruiter who present a cheque to Andrew Lockie representing The United Way.

 

2.

His Worship the Mayor recognizes Don Menard for being named the 2012 Friend of the Year by the Friends of the London Public Library

 

 

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE FIRST MEETING HELD ON DECEMBER 11, 2012

 

Motion made by Councillor B. Polhill and seconded by Councillor J.L. Baechler to Approve the Minutes of the 1st Meeting held on December 11, 2012.

 

Motion Passed

 

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

 

            None.

 

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

 

            None.

 

IX

REPORTS

 

 

1st Report of the Planning and Environment Committee

Councillor B. Polhill presents.

 

Motion made by Councillor B. Polhill to Approve clauses 1 to 17, except clauses 13 and 16.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor P. Hubert calls for a separate vote on part c) of clause 4. 

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor P. Hubert disclosed a pecuniary interest in clause 13 of this Report having to do with the application of Richmond Corporate Centre Inc. relating to the properties located at 142 Horton Street East and 291, 297, 303 and 305 Richmond Street, as there is a private career college in the circulation area, by indicating that he operates a private career college.

 

2.

1460 Hamilton Road Subdivision (39T-04509 and 39T-07506)

 

That, on the recommendation of the Manager, Development Planning, the attached Subdivision Amendment Agreement, relating to the subdivision agreement between The Corporation of the City of London and Futurestreets Inc., for the Futurestreets Subdivision, which was registered on June 26, 2009, as Instrument Number ER648737, BE APPROVED.

 

3.

Building Division Monthly Report for October 2012

 

That the Building Division Monthly Report for October 2012, BE RECEIVED.

 

4.

1st Report of the London Advisory Committee on Heritage

 

That, the following actions be taken with respect to the 1st Report of the London Advisory Committee on Heritage (LACH) from its meeting held on December 12, 2012:

 

a)         on the recommendation of the Director of Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of A. Premat requesting permission for an alteration to the porch of the designated heritage property located at 62 Palace Street BE APPROVED; it being noted that the Heritage Planner has reviewed the changes and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible;

 

b)         a notice of the Municipal Council's intention to designate the property located at 2950 Glanworth Drive to be of cultural heritage value or interest BE GIVEN, for the attached reasons, under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; it being noted that the owners of the subject property (London Public Library) have concurred with this recommendation, with the understanding that the land to be included in the designation will be as shown on the assessment roll;

 

c)         notwithstanding the recommendation of the London Advisory Committee on Heritage (LACH), on the recommendation of the Director of Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Farhi Holdings requesting permission for an exterior sign addition between the second and third stories to the designated heritage property located at 451 Ridout Street North BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed sign and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible;

 

it being further noted that the LACH reviewed and received the attached Report, dated December 12, 2012, from the Managing Director, Land Use Planning and City Planner, with respect to this matter;

 

d)         the Heritage Alteration Permit Application from T. Forster requesting permission for an alteration to the designated heritage property located at 849 Princess Avenue for changes already made to the existing porch and changes to complete the work, BE DEFERRED until the owner is agreeable to lowering the porch railing to its previous height; it being noted that the Building Division would have to approve the recommendation for the lower railing height; it being further noted that the London Advisory Committee on Heritage (LACH) reviewed and received a Report, dated December 12, 2012, from the Managing Director, Land Use Planning and City Planner, with respect to this matter;

 

e)         that the London Advisory Committee on Heritage (LACH) BE ALLOWED to retain its 2012 Budget surplus in the approximate amount of $4,498, for use in 2013, for the purchase of interpretive signage for the Tempo VII Hydroplane and the replacement of a bronze heritage plaque commemorating the former Supertest station located on Carfrae Crescent; it being noted that the Supertest station plaque was reported stolen on December 5, 2012 and was valued at $3,700; and,

 

f)         that clauses 6 to 19, inclusive, of the 1st Report of the London Advisory Committee on Heritage (LACH), BE RECEIVED;

 

it being noted that the Planning and Environment Committee heard a verbal presentation from G. Goodlet, Chair, LACH, with respect to these matters.

 

5.

2nd Report of the Agricultural Advisory Committee

 

That, the following actions be taken with respect to the 2nd Report of the Agricultural Advisory Committee (AAC) from its meeting held on November 21, 2012:

 

a)         the Civic Administration BE REQUESTED to undertake the following actions, with respect to the Agricultural Advisory Committee Terms of Reference:

 

i)          no further action with respect to the inclusion of a National Farmers Union representative and alternate, as voting members, noting that organizations should submit a formal request for consideration for committee membership, where appropriate;

 

ii)         no further action be taken with respect to modifying the language of the AAC mandate from “secure, economically viable agricultural industry” to “secure & sustainable agricultural community”; and,

 

iii)         a revision to the Terms of Reference be undertaken to encompass Urban Agriculture;

 

            it being noted that the AAC held general discussion with respect to these matters; and,

 

b)         that clauses 2 to 6, inclusive, of the 2nd Report of the Agricultural Advisory Committee (AAC), BE RECEIVED;

 

it being noted that the Planning and Environment Committee heard a verbal presentation from H. Fletcher, Chair, AAC, with respect to these matters.

 

6.

Property located at 373 Wharncliffe Road South (Z-8116)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Zelinka Priamo Limited, relating to the property located at 373 Wharncliffe Road South, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), FROM an Arterial Commercial (AC4/AC5) Zone, which permits such uses as animal hospitals, dwelling units above the first floor, bake shops, catalogue stores, clinics, convenience service establishments, duplicating shops, food stores, financial institutions, home and auto supply stores, medical/dental offices, offices, personal service establishments, printing establishments, restaurants, eat-in, retail stores, service and repair establishments, studios,  video rental establishments, brewing on premises establishment, automobile repair garages, automotive uses, restricted and taverns  TO an Arterial Commercial Special Provision (AC2(  )/AC4/AC5) Zone, which permits the above uses in addition to animal hospitals, dwelling units above the first floor, clinics, convenience stores, convenience service establishments, duplicating shops, florist shops, medical/dental laboratories, medical/dental offices, offices, personal service establishments, accessory dwelling units, converted dwellings, day care centres, emergency care establishments, existing dwellings, group home type 2, lodging house class 2 and ‘automobile sales and service establishments’, with a minimum 0.5 metre parking area setback from Langarth Street and a minimum interior yard (west) setback of 0.6 metres;

 

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

 

7.

Amendment to Planning Fees By-law CP-18 - Applications Under the Feed-In Tariff (FIT) Program

 

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, for the purpose of amending Planning Fees By-law No. CP-18 by adding Schedule “D”, which establishes fees for municipal input on local renewable electricity generation projects seeking Ontario Feed-in-Tariff (FIT) contracts;

 

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

 

8.

Property located at 585 Third Street (TZ-8112)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Nelson-Wolfe Developments Inc., relating to the property located at 585 Third Street, the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to extend the Temporary (T-55) Zone, to permit a repair and rental establishment, warehouse, service and repair establishment, service trade, office, and convenience store with no outdoor storage for any of the permitted uses for a further three (3) year period;

 

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

 

9.

Property located at 1900 Huron Street (Z-8108)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of 1253634 Ontario Ltd., relating to the property located at 1900 Huron Street, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 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/Service Station (LI4/SS) Zone, which permits a wide range of light industrial, commercial, small scale office uses and gas bars TO a Holding Light Industrial/Restricted Service Commercial (h-11*LI4/RSC4) Zone, to permit automobile repair garages, moderate intensity commercial uses and trade service uses while maintaining the existing Light Industrial uses and a holding provision to provide for appropriate access arrangements to the site;

 

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

 

10.

Property located at 2371 Highbury Avenue North (Z-8078)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the application of The Y Group Investments & Management Inc., relating to the property located at 2371 Highbury Avenue North, and a portion of a vacant parcel located at the northwest corner of Highbury Avenue North and Sunningdale Road East, the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject properties FROM a Residential R1 (R1-14) Zone, which permits Single Detached Dwellings and an Urban Reserve (UR3) Zone, which permits existing dwellings, some agricultural uses, conservation lands, managed woodlot, wayside pit, passive recreation uses, kennels, private outdoor recreation clubs, and riding stables, TO a Holding Neighbourhood Shopping Area (h•NSA3) Zone, to permit a wide range of commercial, retail and office type uses as well as apartment buildings with residential units above the first floor, BE REFUSED for the following reasons:

 

i)          the proposal is inconsistent with the policies of the Provincial Policy Statement, 2005, which do not permit partial services for the proposed form of development;

ii)         the proposal is inconsistent with the policies of the City of London Official Plan which do not permit individual on-site wastewater treatment for new commercial development;

iii)        the Urban Reserve Zone is intended to protect large tracts of land from premature subdivision and development in order to provide for future comprehensive development on those lands (i.e. plan of subdivision) whereas the requested amendments would facilitate the premature subdivision of land; and,

iv)        the subject lands should be re-zoned and developed comprehensively in conjunction with a plan of subdivision in order to fulfill its planned function to serve the needs of the surrounding community when a planned community is in place;

 

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

 

·                    John Ross, 1150 Fanshawe Park Road East – advising that his concerns are reflected in the Civic Administration’s recommendation and his letter to the Planner, as provided in Appendix ‘A’ to the Civic Administrations’ report.

·                    Clarence Davidson, 2377 Highbury Avenue North – advising that they are interested in the outcome of the application.

 

11.

Properties located at 1461-1465 Oxford Street East and 613-629 First Street

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application of the Adamas Group for a 15 storey apartment building with 126 three, four and five bedroom units at 1461-1465 Oxford Street East and 613-629 First Street:

 

a)         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 blank wall on the west side of the building and the potential for the students to drink alcoholic beverages on the patio;         

 

b)         the Approval Authority BE ADVISED that the Municipal Council supports the site plan application for a 15 storey apartment building with 126 three, four and five bedroom units, with the following amendments:

 

i)          request the developer install a 2.4 metre (8 foot) fence on the west side of the building; and,

ii)         request the developer install windows along the west side of the building;

 

c)         the Civic Administration BE REQUESTED to look at the installation of an advanced green left hand turn signal on First Street, at the intersection of Oxford Street;

 

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

 

·                     Agnes Murray, 603 First Street – see attached presentation.

·                     Harry Froussios, Zelinka Priamo Ltd, on behalf of the applicant – advising that the design objectives need to be addressed before the site plan can be approved; indicating that he needs to review the Ontario Municipal Board decision relating to the windows on the west side of the building.

·                     Peter White, London Economic Development Corporation – advising that he has been working with the Domas Group for over 18 months; advising that Fanshawe College is making major program and building enhancements; advising that this building will closely resemble the enhancements that Fanshawe College has made to its buildings; indicating that London is trying to attract international students; advising that this model will be implemented across Ontario and Canada.  

 

 

 

12.

Properties located at 1235-1253 Richmond Street

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application of Zelinka Priamo Ltd for a 19 storey apartment building with 311 two bedroom units at 1235-1253 Richmond Street:

 

a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for site plan approval; and,

 

b)         the Approval Authority BE ADVISED that the Municipal Council supports the site plan application for a 19 storey apartment building with 311 two bedroom units;

 

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

 

·                     Harry Froussios, Zelinka Priamo Ltd, on behalf of the applicant – advising that he will be meeting with the Civic Administration on Wednesday morning; advising that they need to have a site plan similar to what is on the Planning and Environment Agenda to keep their bonusing.

·                     Brenda Kellar-Parsons, 1246 Richmond Street – advising that there will be increased traffic with the number of new units being built; indicating that she does not know where the driveways will be located; indicating that the idea of a bus bay is an excellent idea; enquiring as to where the bus stop is going to be relocated; enquiring as to whether or not a traffic study in this area of Richmond Street has been completed; enquiring as to whether or not a parking study has been done for the reduced parking on this site; enquiring as to whether or not the reduced parking for this site has been approved; indicating that she does not like the shadow that this building will put on her property; enquiring as to how construction and noise will be handled; requesting that the City ensures that the builder will not go bankrupt during the building process; indicating that the increased number of students will increase the use of Ross Park and will increase the City’s maintenance fees; and enquiring as to when the project is scheduled to start.

·                     Jake Riffel, 82 Victoria Street – advising that he is a resident of North London; expressing curiosity with respect to who is going to be using the 600 extra beds; noting that approximately 120 single family homes are currently rented to students; and enquiring as to whether the dilapidated student house beside him will become vacant once this building is built and sold at a discount.

 

14.

3rd Report of the Trees and Forests Advisory Committee

 

That, the following actions be taken with respect to the 3rd Report of the Trees and Forests Advisory Committee (TFAC) from its meeting held on November 28, 2012:

 

a)         the Managing Director, Planning and City Planner BE REQUESTED to allow the Tree Conservation By-law review to remain open for comments until such time as the Trees and Forests Advisory Committee (TFAC) has had an opportunity to provide its feedback on the Urban Forestry Strategy, noting its immediate response timeframe;

 

it being noted that the TFAC reviewed and received a communication from I. Listar, Manager, Urban Forestry, with respect to the Tree Conservation By-law and a communication from S. Rowland, Urban Forestry Planner with respect to the Draft Urban Forestry Strategy Report; it being further noted that the TFAC determined that the Urban Forestry Strategy should be a priority for its Working Group to review, and will meet in December to discuss and provide comment.  The TFAC asked that the Working Group comments arising from its meeting be forwarded directly to the Civic Administration for their information, and placed on the next agenda of the TFAC; and,

 

b)         that clauses 2 to 9, inclusive, of the 3rd Report of the Trees and Forests  Advisory Committee (TFAC), BE RECEIVED.

 

 

15.

Election of Vice Chair for the term ending November 30, 2013

 

That Councillor S. White BE ELECTED as Vice Chair of the Planning and Environment Committee for the term ending November 30, 2013.

 

 

 

17.

Hamilton Road Businesses

 

That the Civic Administration BE REQUESTED to study the Hamilton Road area to allow businesses to open without having parking on their property.

 

The motion to adopt clauses 1 to 17, except clauses 4c), 13 and 16 is put.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill to Approve part c) of clause 4.

 

Motion Passed

 

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

 

NAYS: J.L. Baechler, P. Hubert (2)

 

Part c) of clause 4 reads as follows:

 

c)         notwithstanding the recommendation of the London Advisory Committee on Heritage (LACH), on the recommendation of the Director of Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Farhi Holdings requesting permission for an exterior sign addition between the second and third stories to the designated heritage property located at 451 Ridout Street North BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed sign and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible;

 

Motion made by Councillor B. Polhill to Approve clause 13.

 

13.

Properties located at 142 Horton Street East and 291, 297, 303 and 305 Richmond Street (OZ-8107)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Richmond Corporate Centre Inc., relating to the properties located at 142 Horton Street East and 291, 297, 303 and 305 Richmond Street:

 

a)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, to amend the Official Plan to  change the designation of the subject lands FROM a Light Industrial designation TO an Office Area designation, to permit the office use not in association with an industrial use;

 

b)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 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 property FROM a Light Industrial (LI2) Zone, which permits light manufacturing uses which are typically contained wholly within a building TO an Office Special Provision (OF8(  )) Zone, which permits a maximum gross floor area of 4,663 square metres, commercial recreational use with a maximum gross floor area of 1,125 square metres, commercial school uses with a maximum gross floor area of 1,765 square metres, a minimum exterior side yard setback of 1.0 metres, a minimum front, rear and exterior side yard setback to a parking area of 0.0 metres, a minimum landscaped open space of 8%, a minimum of 80 bicycle parking spaces and 110 vehicular parking spaces including 6 barrier free spaces minimum based on a gross floor area of 4,663 metres2;

 

it being noted that the Planning and Environment Committee reviewed and received a communication, dated October 13, 2012, from T. Park, SoHo Community Association, with respect to this matter;

 

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

 

Motion Passed

 

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

 

RECUSED: P. Hubert, D. Brown (2)

 

Motion made by Councillor B. Polhill to Approve clause 16.

 

16.

Property located at 527 Wellington Road South

 

That pursuant to Section 2.8 of the Council Procedure By-law, a special Planning and Environment Committee meeting BE HELD at Centennial Hall, at 7:00 p.m. on Tuesday, February 19, 2013, for the purpose of hearing public submissions relating to the proposed methadone clinic at 527 Wellington Road South.

 

Motion made by Councillor J.B. Swan and seconded by Councillor B. Polhill to Amend clause 16 by adding at the end the words "; and staff BE REQUESTED to make the report available to the public as soon as possible in advance of the meeting."

 

Motion Passed

 

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

 

The motion to adopt clause 16, as amended, is put.

 

Motion Passed

 

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

 

Clause 16, as amended, reads as follows:

 

Pursuant to Section 2.8 of the Council Procedure By-law, a special Planning and Environment Committee meeting BE HELD at Centennial Hall, at 7:00 p.m. on Tuesday, February 19, 2013, for the purpose of hearing public submissions relating to the proposed methadone clinic at 527 Wellington Road South; and staff BE REQUESTED to make the report available to the public as soon as possible in advance of the meeting.

 

 

2nd Report of the Community and Protective Services Committee

Councillor D. Brown presents.

 

Motion made by Councillor D. Brown to Approve clauses 1 to 7.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Dearness Home Newsletter - December 2012

 

That the December 2012 Dearness Newsletter BE RECEIVED.

 

3.

4th Report of the Accessibility Advisory Committee

 

That the 4th Report of the Accessibility Advisory Committee, from its meeting held on November 22, 2012, BE RECEIVED.

 

4.

Ministry of Health and Long-Tern Care Agreement with Dearness Home for the Late Career Nurse Initiative

 

That, on the recommendation of Tim Dobbie – Consultant, City of London, the attached proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting of January 15, 2013 to:

a)         approve an agreement between the Ministry of Health and Long-Term Care and The Corporation of the City of London for funding to support the Late Career Nurse Initiative; and,

 

b)         authorize the Mayor and the City Clerk to execute the agreement approved in (a), above.

 

5.

Provincial Increase to Maximum Per Diem Rate for Emergency Shelters

 

That, on the recommendation of the Managing Director, Neighbourhood, Children & Fire Services, the attached proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting of January 15, 2013 to set the maximum per diem rate payable to emergency shelter operators for costs of board and lodging pursuant to an “Emergency Hostel Services Agreement” from the rate of $43.50 to $44.00 in accordance with the provincially-approved maximum cost sharable rate, effective December 1, 2012 and concluding December 31, 2012.   (2012-C06-00)

 

6.

Community Homelessness Prevention Initiative

 

That, on the recommendation of the Managing Director, Neighbourhood, Children & Fire Services, the following actions be taken with respect to the Community Homelessness Prevention Initiative:

 

a)         the attached proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, to:

 

i)          authorize and approve a Service Manager Agreement, substantially in the form attached as Schedule 1 to the by-law, for the Community Homelessness Preventative Initiative, between The Corporation of the City of London and Her Majesty the Queen in Right of Ontario as represented by the Ministry of Municipal Affairs and Housing;

 

ii)         delegate authority to the Managing Director, Neighbourhood, Children & Fire Services, or designate, to execute the Agreement authorized and approved under section a)i), above; and

 

iii)         authorize and approve the Community Homelessness Prevention Initiative Investment Plan, substantially in the form attached as Schedule 2 to the by-law, for submission to the Ministry of Municipal Affairs and Housing;

 

b)         the attached proposed by-law (Appendix B) BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, to:

 

i)          authorize and approve a standard form Purchase of Service Agreement, substantially in the form attached as Schedule 1 to the by-law, for the Community Homelessness Preventative Initiative, to be entered into between The Corporation of the City of London and various Service Providers; and

 

ii)         delegate authority to the Managing Director, Neighbourhood, Children & Fire Services, or designate, to execute Purchase of Service Agreements with Service Providers, employing the standard form Agreement authorized and approved under section b)i), above, with no further approval required from Council;

 

it being noted that subject to the Municipal Council approving the above-noted by-laws, the Managing Director, Neighbourhood, Children and Fire Services, or designate, will be executing a Purchase of Service Agreement with The Governing Council of the Salvation Army in Canada, Centre of Hope, to operate the Housing First Temporary Support Fund on  a short-term basis; and

 

c)         the attached proposed by-law (Appendix “C”) BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013, to implement the “Housing First Temporary Support Fund Policy”;

 

it being noted that the Community and Protective Services Committee received the attached presentation from the Managing Director, Neighbourhood, Children & Fire Services with respect to this matter.

 

7.

Food Truck Proposal

 

That the request for delegation status from M. Navakas, with respect to a food truck proposal, BE REFERRED to the Civic Administration for review and report back at a future meeting of the Community and Protective Services Committee.

 

Motion Passed

 

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

 

 

2nd Report of the Corporate Services Committee

Councillor J.P. Bryant presents.

 

Motion made by Councillor J.P. Bryant to Approve clauses 1 to 22.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor D. Brown calls for a separate vote on clause 11.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor J.L. Baechler calls for a separate vote on clause 21.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

City of London Days - Budweiser Gardens

 

That, on the recommendation of the City Clerk, notwithstanding Council Policy 3(8) – Policy for City Events at Budweiser Gardens, which restricts a group from having more than two event days over a five year consecutive period, that the request from the Parkinson Society Southwestern Ontario to host a Charity Lunch Event featuring local restaurants on June 10, 2013 BE APPROVED as a City of London Day at the Budweiser Gardens.

 

3.

Tender 12-101 - Supply and Delivery of a Cab and Chassis with Combination Sewer Cleaner and Hydro Excavation Unit

 

That, on the recommendation of the Managing Director,  Environmental & Engineering Services & City Engineer, the following actions be taken:

 

a)         the tender for the Supply and Delivery of a Cab and Chassis with Combination Sewer Cleaner and Hydro Excavation Unit submitted by Cubex Ltd., 189 Garden Ave., Brantford, Ontario N3S 0A7 at their tendered price of $429,919.88 (excluding HST), BE ACCEPTED;

 

b)         the Sources of Financing BE APPROVED as detailed in Appendix “A” of the associated staff report dated January 8, 2013;

 

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

 

d)         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.

 

4.

Property Acquisition - Portion of 600-650 Industrial Road - Pottersburg Creek

 

That, on the recommendation of the Manager Realty Services, with respect to the vacant property consisting of a portion of Pottersburg Creek and the adjacent floodplain land owned by Elron Developments Limited, municipally known as 600-650 Industrial Road, the following actions be taken:

 

a)         accept the offer submitted by Elron Developments Limited to sell to the City land municipally known as 600 and 650 Industrial Road, located on the south side of Oxford Street East north of Industrial Road, further described in the draft Reference Plan as Parts 3, 4, 10 and 11 (shown in yellow on Schedule “A” attached), containing an area of approximately 4 acres, for the purpose of the protection and addition of floodplain lands and the watercourse in perpetuity, for a nominal sum of $2.00 BE ACCEPTED, subject to the following conditions:

 

i)          the City and Elron Developments Limited agreeing to split the total cost in preparing and depositing a reference plan on title (a cost of approximately $15,000.00) setting out the lands to be conveyed, as well as the lands for the multi-purpose easement for municipal services;

 

ii)         the City agreeing to pay Elron Developments Limited’s legal fees of approximately $2,500.00 plus disbursements to close this transaction, subject to assessment;

 

b)         the Sources of Financing BE APPROVED as detailed in Appendix “A” of the associated staff report dated January 8, 2013; and

           

c)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013 to approve this acquisition and to authorize the Mayor and the City Clerk to execute the Agreement of Purchase and Sale and Grant of Easement agreement.

 

5.

Declaration of Surplus Land and Land Exchange with Sifton Properties Limited - Riverbend Road

 

That, on the recommendation of the Manager Realty Services, with respect to a portion of Riverbend Park, described as Part of Block 52, Plan 33M-549, fronting on Riverbend Road,  containing approximately 0.5 acres, as shown on Schedule “A” attached (the “Subject Lands”), the following actions be taken:

 

a)         the Subject Lands BE DECLARED surplus;

 

b)         a land exchange between The Corporation of the City of London and Sifton Properties Limited BE APPROVED subject to the following conditions:

 

i)          in exchange for the Subject Lands, Sifton Properties Limited transferring to the City a parcel that contains approximately 0.8 acres of residential development land to be annexed to Riverbend Park;

 

ii)         Sifton Properties Limited fencing the perimeter of the 0.5 acre parcel acquired from the City in a manner acceptable to Parks Planning;

 

iii)         Sifton Properties Limited constructing a new pathway on the Riverbend Park lands for public access from Riverbend Road to the School Block, as outlined on the attached Schedule “A”, in a manner acceptable to Parks Planning;

 

iv)        Sifton Properties re-grading both parcels to have independent storm water drainage, after confirming with the Ministry of Natural Resources that the lands being transferred to the City are not to remain in their current state to protect potential species at risk habitat;

 

v)         should the catch basin located in the City parcel to be transferred to Sifton Properties need to be relocated, Sifton Properties doing the required work and easement rights for storm water drainage being preserved, subject to review and acceptance by Development Services and Parks Planning;

 

vi)        Sifton Properties preparing a Reference Plan of the Parcels exchanged, including any easements that are required; and

 

vii)       the City’s Zoning By-law Z-1 being amended for the parcels exchanged, as outlined in the application by Sifton Properties under File #Z-8113;

 

it being noted that the land exchange increases the size of the Park, provides a connecting pathway between the adjoining school site and Riverbend Road at the developer’s expense, and permits development of four additional houses, with an increase in the City’s assessment base.

 

 

 

 

6.

Reporting of Statements of Claim

 

That, on the recommendation of the Manager, Risk Management, the report dated January 8, 2013 regarding the reporting of statements of claim BE RECEIVED for information.

 

7.

Procurement of Goods and Services Policy Revision

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the attached proposed by-law, being a By-Law to amend By-Law No. A.-6151-17, BE INTRODUCED at the Municipal Council meeting on January 15, 2013, to revise Schedule “C” to By-Law No. A.-6151-17, being the Procurement of Goods and Services Policy, to add a new section 2.14 for compliance with the new AODA requirements starting January 1, 2013.

 

8.

No. 1 Fire Station - Interior Alterations - Project No. PP1176-11 Tender No. 12-102

 

That consideration of Tender No. 12-102 for No. 1 Fire Station (400 Horton Street East) – Interior Alterations – Project No. PP1176-11 BE REFERRED to the 2013 Budget deliberations.

 

9.

London Bid for Federation of Canadian Municipalities (FCM) 2015 Sustainable Communities Conference and Trade Show

 

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the Civic Administration BE AUTHORIZED to submit a bid for the City of London to host the Federation of Canadian Municipalities 2015 Sustainable Communities Conference and Trade Show.

 

10.

OMERS Pension Contribution Increases

 

That the communication dated November 30, 2012 from D. Duncan, Deputy Premier, Minister of Finance regarding the OMERS pension contribution increases; and the attached presentation from M. Robinson and J. Pierce, OMERS, BE RECEIVED for information.

 

12.

Federation of Canadian Municipalities Board of Directors Meeting - Ottawa, November 20-23, 2012

 

That the communication dated December 3, 2012 from Councillor H.L. Usher and Councillor J.L. Baechler regarding the Federation of Canadian Municipalities Board of Directors meeting held on November 20-23, 2012 in Ottawa, Ontario BE RECEIVED. 

 

13.

Request for Delegation Status at the Corporate Services Committee re Post-Secondary Students Becoming More Involved in Municipal Government

 

That the following actions be taken with respect to the request from Adam Fearnall, President, University Students’ Council, for delegation status at the Corporate Services Committee to discuss how post-secondary students could become more involved in Municipal Government:

 

a)         the Civic Administration BE REQUESTED to report back on measures that could be taken to provide for greater involvement of the post-secondary school population in the municipal decision-making process; and,

 

b)         the Committee Secretary BE REQUESTED to make arrangements for Mr. Fearnall, and other post-secondary education institution student representatives, to appear as a delegation at the meeting which the report requested in a), above, is before the Corporate Services Committee.

 

14.

Reserve Expenditure

 

That the Covent Garden Market BE AUTHORIZED to increase the draw down on its reserve to $78,711.23 in order to replace the existing lighting in the underground parking at the Covent Garden Market. 

 

15.

Resignation from the Trees and Forests Advisory Committee

 

That the communication from Craig Neilans, resigning his appointment to the Trees and Forests Advisory Committee, BE ACCEPTED and Mr. Neilans BE THANKED for participating on the Trees and Forests Advisory Committee.

 

16.

Resignation from the Accessibility Advisory Committee

 

That the communication dated November 22, 2012 from Kathlene Badeski, resigning her appointment to the Accessibility Advisory Committee, BE ACCEPTED and Ms. Badeski BE THANKED for participating on the Accessibility Advisory Committee.

 

17.

Resignation from the Accessibility Advisory Committee

 

That the communication dated November 28, 2012 from David Woods, resigning his appointment to the Accessibility Advisory Committee, BE ACCEPTED and Mr. Woods BE THANKED for participating on the Accessibility Advisory Committee.

 

18.

Resignation from the London Housing Advisory Committee

 

That the communication dated December 17, 2012 from Kathy Butler, resigning her appointment to the London Housing Advisory Committee, BE ACCEPTED and Ms. Butler BE THANKED for participating on the London Housing Advisory Committee.

 

19.

Appointment to the Community Safety and Crime Prevention Advisory Committee

 

That the following individual BE APPOINTED to the Community Safety and Crime Prevention Advisory Committee for the term ending February 28, 2015;

 

Voting:

 

•           Sandra Cruz - London District Catholic School Council

 

20.

Roof Lease Agreement for Employing Solar PV Systems on City of London's Municipal Buildings and Properties

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer with respect to implementation of Phase 1 of the rooftop solar PV (photovoltaic) strategy, the attached proposed bylaw (Appendix A) BE INTRODUCED at the Council meeting of January 15, 2013 to:

 

a)         approve the solar facility roof lease agreement between the small FIT project applicants and the Corporation of the City of London for the use of the City’s roof space as hosts for solar PV power generating systems, substantially in the form attached and as approved by the City solicitor; and

 

b)         authorize the Mayor and City Clerk to execute the agreement in (i) above.  (See Report attached.)

 

22.

Advancement in Lighting Technology

 

That the Civic Administration BE REQUESTED to report back to the Civic Works Committee with respect to what steps are being taken, and may be taken, to take advantage of energy and cost savings arising from advancements in lighting technology.

 

The motion to adopt clauses 1 to 22, except clauses 11 and 21 is put.

 

Motion Passed

 

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

 

V

RECOGNITIONS, continued.

 

3.

His Worship the Mayor recognizes the contributions made to London by the following citizens who were named to the Mayor's New Year's Honour List in the categories indicated: Bramwell Gregson (The Arts), Meredith Fraser (Diversity and Race Relations), Shane O'Neill (The Environment), Joe O'Neil (Heritage), David Nelms (Housing), Suzanne Huot (Humanitarianism), Carmen Sprovieri (Persons with Disabilities), Lou Rivard (Safety and Crime Prevention), Bruce Huff (Sports).

 

Motion made by Councillor J.L. Baechler and seconded by Councillor S. Orser to Recess.

 

Motion Passed

 

The Council recesses at 6:30 PM and reconvenes at 7:33 PM with Mayor J.F. Fontana in the chair and all Members present except Councillors B. Polhill, M. Brown, P. Hubert, H.L. Usher and S.E. White. 

 

At 7:34 PM Councillors M. Brown and S.E. White enter the meeting. 

 

Motion made by Councillor S. Orser and seconded by Councillor S.E. White to Approve that pursuant to section 7.3 of the Council Procedure By-law, the order of business BE CHANGED to consider the 1st Report of the Investment and Economic Prosperity Committee at this time. 

 

Motion Passed

 

 

1st Report of the Investment and Economic Prosperity Committee

Councillor J.B. Swan presents.

 

Motion made by Councillor J.B. Swan to Approve clauses 1 to 6, except clause 4.

 

At 7:36 PM Councillors B. Polhill, P. Hubert and H.L. Usher enter the meeting. 

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor M. Brown calls for a separate vote on clause 6.

 

The motion to Approve clauses 1 to 5, except clause 4, is put.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor J. Swan disclosed a pecuniary interest in clauses 3 and 4 of this Report, having to do with the development of a Strategic Investment and Economic Prosperity Plan and the proposal for a Performing Arts Centre, respectively, by indicating that Orchestra London is involved with both proposals, and he is employed by Orchestra London.

 

2.

Election of Vice-Chair for the term ending November 30, 2013

 

That Councillor M. Brown BE ELECTED as the Investment and Economic Prosperity Committee’s Vice Chair for the term ending November 30, 2013.

 

3.

A Path to Prosperity:  Community Business Ideas to Stimulate our Economy

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and the Director of Corporate Investments and Partnerships, the following actions be taken with respect to the development of a Strategic Investment and Economic Prosperity Plan:

 

a)         the document entitled “A Path to Prosperity:  Community Business Ideas to Stimulate our Economy” attached to the staff report dated December 18, 2012, BE RECEIVED; it being noted that reference to J. Malkin in the above-noted document should read “London Multicultural Community Association”;

 

b)         the Civic Administration BE DIRECTED to make the necessary arrangements to hold a public participation meeting and to circulate the document noted in part a) above, to obtain public input; and,

 

c)         the Civic Administration BE DIRECTED to report back at a future Investment and Economic Prosperity Committee (IEPC) meeting providing information with respect to the public comments received through the consultation process;

 

it being noted that the IEPC heard the attached presentation from the Director of Corporate Investments and Partnerships and M. Daley and C. Dziedzic, Specialists, Corporate Investments and Partnerships, with respect to this matter, and heard a verbal update from J. Yanchula, Manager, Community Planning and Urban Design, with respect to the Fincore project for the SOHO development, advising that a report will be going forward to the Planning and Environment Committee on February 5, 2013, related to this matter.

 

5.

Proposed Change of Use of the London Normal School

 

That W. Komer, Co-founder, CLW Holdings and KoolGroups and their partners BE GRANTED delegation status at the next Investment and Economic Prosperity Committee (IEPC) meeting to bring forth an alternate proposal for a technology development centre facility; it being noted that the IEPC reviewed and received a communication dated December 6, 2012 and heard a verbal delegation from Mr. Komer, with respect to this matter.

 

Motion Passed

 

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

 

The motion to approve clause 6 is put.

 

6.

Councillor D. Henderson - Development Proposals

 

That it BE NOTED that Councillor D. Henderson provided a verbal report with respect to discussions with developers and related opportunities for job creations for the City of London.

 

Motion made by Councillor J.B. Swan and seconded by Councillor D.G. Henderson to Amend clause 6 of the 1st Report of the Investment and Economic Prosperity Committee be amended by deleting the word “a” and adding the following words “the attached” after the words “provided”.

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

RECUSED: M. Brown (1)

 

Motion made by Councillor J.B. Swan and seconded by Councillor S.E. White to Approve clause 6, as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White (12)

 

NAYS: J.L. Baechler, H.L. Usher (2)

 

RECUSED: M. Brown (1)

 

Clause 6, as amended, reads as follows:

 

That it BE NOTED that Councillor D. Henderson provided the attached verbal report with respect to discussions with developers and related opportunities for job creations for the City of London.

 

At 7:43 PM Councillor J.B. Swan leaves the meeting.

 

Motion made by Councillor M. Brown to Approve clause 4.

 

4.

Performing Arts Centre Proposal

 

That the communications dated November 28 and 30, 2012, and the delegation request from S. Farhi, President, Farhi Holdings Corporation, with respect to his proposals for a Performing Arts Centre at the Forks or in the area of Queens Avenue and Ridout Street BE RECEIVED and BE REFERRED to the Strategic Investment and Economic Prosperity Plan process; it being noted that this process includes a due diligence checklist and fairness audit.

 

Motion Passed

 

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

 

At 7:44 PM Councillor J.B. Swan returns to the meeting.

 

 

2nd Report of the Corporate Services Committee, continued.

 

The Director of Corporate Communications gives a verbal overview of the Welcoming the World to London Campaign.

 

Motion made by Councillor J.P. Bryant to Approve clause 11.

 

11.

Welcoming the World to London Campaign

 

That, on the recommendation of the City Manager, and the Managing Director, Corporate Services and Chief Human Resources Officer, Civic Administration BE AUTHORIZED to transfer up to a maximum of $100,000 from the Operating Budget Contingency Reserve to Corporate Communications in 2013 to implement the “Welcoming the World to London” marketing communications campaign; it being noted that the City is working with its partners to obtain matching funding; it being further noted that the Corporate Services Committee heard the attached presentation from the Director of Corporate Communications with respect to this matter.

 

At 8:01 PM Mayor J.F. Fontana places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.

 

At 8:09 PM, Mayor J.F. Fontana resumes the Chair and Councillor Hubert takes his seat at the Council Board. 

 

Motion Failed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, J.L. Baechler, P. Hubert, J.P. Bryant, S.E. White (7)

 

NAYS: W.J. Armstrong, S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher (8)

 

Motion made by Councillor J.P. Bryant to Approve clause 21.

 

21.

2013 World Figure Skating Championships

 

That the Civic Administration BE ADVISED that it is the Municipal Council’s expectation that the Civic Administration will continue to assist, wherever possible, with the successful hosting of the 2013 World Figure Skating Championships; it being understood that there may be extraordinary circumstances where time pressures may require the Civic Administration to make certain administrative/operational decisions which might otherwise have been vetted through the Municipal Council.

 

Motion made by Councillor J.P. Bryant and seconded by Councillor S.E. White to Amend clause 21 to read as follows:

 

“That the following actions be taken with respect to the 2013 World Figure Skating Championships:

 

a)            the Civic Administration BE ADVISED that it is the Municipal Council’s expectation that the Civic Administration will continue to assist, wherever possible, with the successful hosting of the 2013 World Figure Skating Championships; and,

 

b)            the City Manager and Managing Director Corporate Services and City Treasurer, Chief Financial Officer BE AUTHORIZED to expend up to $50,000 for unforeseen and ancillary expenditures which directly enhance the event and community experience;

 

it being understood that there may be extraordinary circumstances where time pressures may require the Civic Administration to make certain administrative/operational decisions which might otherwise have been vetted through the Municipal Council."

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor P. Van Meerbergen calls for a separate vote on part a).

 

The motion to Approve part a) is put.

 

Motion Passed

 

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

 

The motion to Approve the balance of clause 21 is put.

 

Motion Passed

 

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

 

NAYS: M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown (4)

 

Motion made by Councillor J.B. Swan and seconded by Councillor J.P. Bryant to Amend clause 21 to add a new part c, as follows:

 

"c)       the Civic Administration BE AUTHORIZED to transfer up to a maximum of $100,000 from the Operating Budget Contingency Reserve to Corporate Communications in 2013 to implement the “Welcoming the World to London” marketing communications campaign, on the understanding that any brand utilized for marketing purposes would not incorporate use of the maple leaf to replace letters and the marketing team will consider use of the maple leaf elsewhere in the brand design; it being noted that the City is working with its partners to obtain matching funding; it being further noted that the Corporate Services Committee heard the attached presentation from the Director of Corporate Communications with respect to this matter.”

 

Motion Passed

 

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

 

NAYS: N. Branscombe, M. Brown, P. Van Meerbergen, D. Brown (4)

 

Motion made by Councillor J.P. Bryant and seconded by Councillor S.E. White to Approve clause 21, as amended.

 

Motion Passed

 

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

 

NAYS: N. Branscombe, M. Brown, P. Van Meerbergen, D. Brown (4)

 

Clause 21, as amended, reads as follows:

 

That the following actions be taken with respect to the 2013 World Figure Skating Championship:

 

a)            the Civic Administration BE ADVISED that it is the Municipal Council’s expectation that the Civic Administration will continue to assist, wherever possible, with the successful hosting of the 2013 World Figure Skating Championships;

 

b)            the City Manager and Managing Director Corporate Services and City Treasurer, Chief Financial Officer BE AUTHORIZED to expend up to $50,000 for unforeseen and ancillary expenditures which directly enhance the event and community experience;

 

c)            the Civic Administration BE AUTHORIZED to transfer up to a maximum of $100,000 from the Operating Budget Contingency Reserve to Corporate Communications in 2013 to implement the “Welcoming the World to London” marketing communications campaign, on the understanding that any brand utilized for marketing purposes would not incorporate use of the maple leaf to replace letters and the marketing team will consider use of the maple leaf elsewhere in the brand design; it being noted that the City is working with its partners to obtain matching funding; it being further noted that the Corporate Services Committee heard the attached presentation from the Director of Corporate Communications with respect to this matter;

 

it being understood that there may be extraordinary circumstances where time pressures may require the Civic Administration to make certain administrative/operational decisions which might otherwise have been vetted through the Municipal Council.

 

 

2nd Report of the Civic Works Committee

Councillor P. Van Meerbergen presents.

 

Motion made by Councillor P. Van Meerbergen to Approve clauses 1 to 3.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

1st Report of the Transportation Advisory Committee.

 

That the following actions be taken with respect to the 1st Report of the Transportation Advisory Committee, from its meeting held on December 4, 2012: 

 

a)         the following actions be taken with respect to the 3rd Report of the LTC Long Term Growth Report Working Group:

 

i)          the Civic Works Committee BE ADVISED that the Transportation Advisory Committee supports clause 1 of the 3rd Report of the LTC Long Term Growth Report Working Group, relating to bus rapid transit; and,

 

ii)         the London Transit Commission BE REQUESTED to provide status updates to the Transportation Advisory Committee with respect to bus rapid transit;

 

b)         clauses 2 through 8 BE RECEIVED.

 

3.

Comments on Environmental Bill of Rights Registry Ontario Ministry of Transportation's Cycling Strategy.

 

That, on the recommendation of the Director, Environmental Programs & Solid Waste and the Director, Roads & Transportation, the attached comments BE APPROVED and submitted by London Municipal Council to the Ministry of Transportation by January 29th, 2013 in response to the Environmental Bill of Rights Registry posting (EBR 011-7552) titled Ontario Ministry of Transportation Cycling Strategy.  (2012-S11-00)

 

Motion Passed

 

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

 

Motion made by Councillor P. Van Meerbergen to Approve clause 4.

 

4.

Update on Landfill Gas Utilization.

 

That, on the recommendation of the Director, Environmental Programs & Solid Waste, the following actions be taken with respect to W12A Landfill gas utilization:

 

a)         the Civic Administration BE DIRECTED to terminate the Request for Expressions of Interest (REOI) process to identify a partner to develop landfill gas and potentially other biogas feedstock utilization projects at the W12A Landfill site; it being noted that the Ontario Energy Board did not approve the price premium for Renewable Natural Gas that was being sought by Union Gas and Enbridge and was important to the financial feasibility of the project; and,

 

b)         the Civic Administration BE AUTHORIZED to prepare options and an updated business case for the development of a landfill gas power plant to produce electricity at the W12A Landfill, including clearly defined roles for optimizing private sector investment and operations, the role for a community energy co-op or aboriginal participation, all other related matters as required by the Ontario Power Authority, the funding allotted from HELP Clean Water from the Federal and Provincial Governments, and report back in March 2013. (2012-W04-00)

 

 

Motion made by Councillor P. Van Meerbergen and seconded by Councillor P. Hubert to Amend clause 4 in part b) to add the words “including other possible models” after the word “options”, and to add an “it being noted that a full report related to biosolids will be coming forward at a future date.”

 

Motion Passed

 

YEAS: 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 (14)

 

RECUSED: N. Branscombe (1)

 

Motion made by Councillor P. Hubert and seconded by Councillor J.B. Swan to Approve clause 4, as amended.

 

Motion Passed

 

YEAS: 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 (14)

 

RECUSED: N. Branscombe (1)

 

Clause 4, as amended, reads as follows:

 

that, on the recommendation of the Director, Environmental Programs & Solid Waste, the following actions be taken with respect to W12A Landfill gas utilization:

 

a)         the Civic Administration BE DIRECTED to terminate the Request for Expressions of Interest (REOI) process to identify a partner to develop landfill gas and potentially other biogas feedstock utilization projects at the W12A Landfill site; it being noted that the Ontario Energy Board did not approve the price premium for Renewable Natural Gas that was being sought by Union Gas and Enbridge and was important to the financial feasibility of the project; and,

 

b)         the Civic Administration BE AUTHORIZED to prepare options, including other possible models, and an updated business case for the development of a landfill gas power plant to produce electricity at the W12A Landfill, including clearly defined roles for optimizing private sector investment and operations, the role for a community energy co-op or aboriginal participation, all other related matters as required by the Ontario Power Authority, the funding allotted from HELP Clean Water from the Federal and Provincial Governments, and report back in March 2013; it being noted that a full report on biosolids will be coming forward at a future date.

 

 

3rd Report of the Civic Works Committee

Councillor P. Van Meerbergen presents.

 

1.

Disclosures of Pecuniary Interest

 

Motion made by Councillor P. Van Meerbergen to Approve clause 1.

 

That it BE NOTED that no pecuniary interests were disclosed.

 

Motion Passed

 

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

 

RECUSED: J.L. Baechler (1)

 

 

 

2nd Report of the Strategic Priorities and Policy Committee

Councillor P. Hubert presents. 

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 5.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that the following pecuniary interests were disclosed:

 

a)         Councillor P. Hubert disclosed a pecuniary interest in those budget matters pertaining to Ontario Works as he is the Executive Director of a social service agency with a purchase of service agreement with Ontario Works.

 

b)         Councillor J.B. Swan disclosed a pecuniary interest in those budget matters pertaining to Orchestra London as Orchestra London is his employer and receives funding from the City of London.

 

c)         Councillor S.E. White disclosed a pecuniary interest in those budget matters pertaining to the London Mental Health Crisis Centre/CMHA as her employer has a business relationship with these organizations.

 

d)         Councillor W.J. Armstrong disclosed a pecuniary interest in those budget matters pertaining to fees for rental properties as he owns a number of rental properties.

 

2.

General Overview

 

That the attached presentation by the Managing Director, Corporate Services & City Treasurer/Chief Financial Officer and the Director, Financial Planning and Policy, BE RECEIVED.

 

3.

Budget Targets

 

That the attached presentations as contained in the attachment noted in clause 2, above, from M. Mitchell, London Public Library; S. Matthew, London-Middlesex Housing Corporation; L. Ducharme, London Transit Commission, and the attached presentation from B. Duncan, London Police Service BE RECEIVED for information.

 

4.

London Public Library 2013 Operating Budget - Impact of 0% Budget

 

That the communication dated November 19, 2012 from J. Morgan, Chair, London Public Library Board and S. Hubbard Krimmer, CEO and Chief Librarian, London Public Library regarding the 2013 Operating Budget BE RECEIVED. 

 

5.

Joint Venture - Fit Program

 

That the communication dated January 7, 2013 from P. Johnson, Chair, London Hydro Inc., BE REFERRED to a special meeting of the Strategic Priorities and Policy Committee prior to the January 15, 2013 Council meeting.

 

Motion Passed

 

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

 

 

 

1st Report of the Audit 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 no pecuniary interests were disclosed.

 

2.

Election of Chair and Vice-Chair for the term ending November 30, 2013

 

That Councillor M. Brown BE ELECTED Chair and Councillor P. Hubert BE ELECTED Vice Chair of the Audit Committee for the term ending November 30, 2013.

 

Motion Passed

 

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

 

 

2nd Report of the Committee of the Whole

Councillor P. Hubert presents. 

 

PRESENT: Mayor J.F Fontana, B. Polhill, W.J. 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, J. Braam, J.M. Fleming, P. Foto, M. Hayward, G. Kotsifas, V. McAlea Major, J. Page, L.M. Rowe, E. Soldo, and B. Warner.

 

Councillor P. Hubert reports progress with respect to the following matters:

 

a)

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.  (CSC)

 

b)

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.  (CSC)

 

c)

A matter pertaining to personal information about an identifiable individual, including a municipal employee, with respect to employment related matters; advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose. (CSC)

 

d)

A matter pertaining to personal information about an identifiable individual, including a municipal employee, with respect to employment related matters; advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose.  (CSC)

 

e)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding parking services.  (SPPC)

 

f)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding roadway maintenance.  (SPPC)

 

g)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding downtown maintenance.  (SPPC)

 

h)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding road patching.  (SPPC)

 

i)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding customer relations.  (SPPC)

 

j)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect  to employment related-matters, 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 regarding fire services.  (SPPC)

 

k)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding the relocation of fire service training tower.  (SPPC)

 

l)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding interface and mobile data.  (SPPC)

 

m)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation regarding the London Public Library.    (SPPC)

 

n)

A matter pertaining to labour relations and employee negotiations, personal information about identifiable individuals, including municipal employees, with respect to employment related-matters, 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 regarding corporate initiatives.  (SPPC)

 

o)

A matter pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition 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 disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed disposition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition; advice and recommendations of the Corporation concerning labour relations and employee negotiations with respect to associations or unions of the Corporation.  (SPPC)

 

p)

A matter pertaining to litigation or potential litigation with respect to the application of AnnaMaria Valastro to the Ontario Superior Court of Justice, bearing Court File No. 8937-12 in connection with By-law DR-102-207, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the application of AnnaMaria Valastro to the Ontario Superior Court of Justice, bearing Court File No. 8937-12 in connection with By-law DR-102-207 and giving instructions and directions to the solicitors of the municipality in connection with the application filed in the Ontario Superior Court of Justice.  (CWC)

 

Motion made by Councillor P. Hubert to Approve 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:

 

1.               That, on the recommendation of the Director Corporate Investments & Partnerships, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager Realty Services, with respect to the property at 5801 White Oak Road, the following actions be taken:

 

a)       W12A Landfill Property Value Protection Plan agreement for 5801  White Oak Road BE APPROVED; and

 

b)         5801 White Oak Road BE PURCHASED by the City.

 

Motion Passed

 

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

 

The motion to Approve clause 1 is put.

 

Motion Passed

 

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

 

 

4th Report of the Strategic Priorities and Policy Committee

Councillor Hubert presents.

 

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

 

1.            Disclosures of Pecuniary Interest.

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.          Joint Venture – Fit Program

 

That the following actions be taken with respect to the proposed Joint Venture Agreement between London Hydro Inc. and the London District Renewable Energy Cooperative:

 

a)         the attached proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on January 15, 2013; it being noted that the Civic Administration has not had sufficient time to  engage in the standard due diligence process for reviewing the Joint Venture Agreement (supplied substantially in the form considered by the Board of London Hydro Inc.); it being further noted that staff at London Hydro Inc. have been advised as to the concerns raised and are prepared to address these concerns;

 

b)         the Municipal Council BE PROVIDED with a timely update, including financial details, on this initiative within the 120-day review period, in order to satisfy itself with respect to this initiative;

 

it being pointed out that the Strategic Priorities and Policy Committee received a communication dated January 7, 2013 from P. Johnson, Chair, London Hydro Inc. and heard verbal delegations from the Managing Director, Corporate Services and City Treasurer/Chief Financial Officer, J. Smout, Solicitor II, D. Mounteer, Solicitor II and V. Sharma, CEO, London Hydro Inc., with respect to this matter.

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

X

DEFERRED MATTERS

 

            None.

 

XI

ENQUIRIES

 

Councillor S. White enquires as to sourcing additional funds for a donation to the Glanworth Library.

 

Motion made by Councillor S.E. White and seconded by Councillor M. Brown to Approve leave to introduce a substantive motion with respect to the Glanworth Library.

 

Motion Passed

 

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

 

Motion made by Councillor S.E. White and seconded by Councillor D. Brown to Approve that the Civic Administration BE DIRECTED That the Civic Administration BE DIRECTED to find a source of financing for $1,975.00, in order to top up the Infrastructure Funding awarded to the Glanworth Library Branch to $100,000.

 

Motion Passed

 

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

 

Councillor W.J. Armstrong enquires about what could be done to avoid excessive parking rates and fines being charged by private parking lot operators during the World Figure Skating Championships. The Chair referred Councillor Armstrong’s inquiry to the Civic Administration, for report back at a future meeting of the Civic Works Committee. 

                                                                                                                                               

XII

EMERGENT MOTIONS

 

            None.

 

XIII

BY-LAWS

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Leave to introduce Added By-laws 69 and 70.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve 1st reading of Bill No.s 35 to 70, except Bill No.s 45, 52, 54 and 68.

 

Motion Passed

 

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

 

Motion made by Councillor D. Brown and seconded by Councillor J.B. Swan to Approve 2nd reading of Bill No.s 35 to 70, except Bill No.s 45, 52, 54 and 68.

 

Motion Passed

 

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

 

Motion made by Councillor D. Brown and seconded by Councillor M. Brown to Approve 3rd reading and enactment of all Bill No.s 35 to 70, except Bill No.s 45, 52, 54 and 68.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve 1st reading of Bill No.s 45 and 68.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill and seconded by Councillor J.B. Swan to Approve 2nd  reading of Bill No.s 45 and 68.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill and seconded by Councillor J.B. Swan to Approve 3rd reading and enactment of Bill No.s 45 and 68.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill and seconded by Councillor J.L. Baechler to Approve 1st reading of Bill No.s 52 and 54.

 

Motion Passed

 

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

 

RECUSED: M. Brown (1)

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Hubert to Approve 2nd reading of Bill No.s 52 and 54.

 

Motion Passed

 

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

 

RECUSED: M. Brown (1)

 

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve 3rd reading and enactment of Bill No.s 52 and 54.

 

Motion Passed

 

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

 

RECUSED: M. Brown (1)

 

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

 

Bill No. 35

By-law No. A.-6896-22

A by-law to confirm the proceedings of the Council Meeting held on the 15th day of January, 2013. (City Clerk)

 

Bill No. 36

By-law No. A.-6897-23

A By-law to approve an Agreement with Her Majesty The Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care; and to authorize the Mayor and the City Clerk to execute the Agreement. (4/2/CPSC)

 

Bill No. 37

By-law No. A.-6898-24

A By-law to approve an increase in the maximum per diem rate for board and lodging paid to emergency shelters for emergency hostel services. (5/2/CPSC)

 

Bill No. 38

By-law No. A.-6899-25

A by-law with respect to a Service Manager Agreement for the Community Homelessness Preventative Initiative. (4a/2/CPSC)

 

Bill No. 39

By-law No. A.-6900-26

A by-law with respect to a standard form Service Provider Agreement for the Community Homelessness Preventative Initiative. (6b/2/CPSC)

Bill No. 40

By-law No. A.-6901-27

A by-law to implement the Housing First Temporary Support Fund Policy. (6c/2/CPSC)

Bill No. 41

By-law No. A.-6902-28

A By-law to authorize an Agreement of Purchase and Sale and Grant of Easement Agreement between The Corporation of the City of London and Elron Developments Limited, for the acquisition of property located at 600 - 650 Industrial Road, and to authorize the Mayor and the City Clerk to execute the Agreements. (4/2/CSC)

Bill No. 42

By-law No. A.-6903-29

A By-law to approve the Roof Lease Agreement for the use of Municipal Building roofs as solar photovoltaic generating system hosts and to authorize the Mayor and the City Clerk to execute the agreement with small FIT program applicants. (20/2/CSC)

 

Bill No. 43

By-law No. A.- 6151(g)-30

A By-law to amend By-law A.-6151-17, being a by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency, and delegation of powers and duties, as required under section 270(1) of the Municipal Act, 2001. (7/2/CSC)

 

Bill No. 44

By-law No. CP-18-13003

A by-law to amend By-law CP-18 by establishing fees for processing applications on local renewable electricity generation projects seeking Ontario Feed-in-Tariff (FIT) contracts. (7/1/PEC)

 

Bill No. 45

By-law No. C.P.-1284(sx)-31

A by-law to amend the Official Plan for the City of London, 1989 relating to 142 Horton Street East and 291,297, 303 and 305 Richmond Street. (13/1/PEC)

 

Bill No. 46

By-law No. S.- 5505-32

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

 

Bill No. 47

By-law No. S.- 5506-33

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

Bill No. 48

By-law No. S.- 5507-34

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Singleton Avenue: as part of Jinnies Way and as part of Jinnies Street) (Chief Surveyor)

 

Bill No. 49

By-law No. S.- 5508-35

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Riverside Drive, north of Warren Road) (Chief Surveyor)

 

Bill No. 50

By-law No. S.- 5509-36

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

 

Bill No. 51

By-law No. S.- 5510-37

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, north of Mantle Place) (Chief Surveyor)

 

Bill No. 52

By-law No. S.- 5511-38

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

 

Bill No. 53

By-law No. S.- 5512-39

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

 

Bill No. 54

By-law No. S.- 5513-40

            A by-law to assume certain works and services in the City of London. (Gainsborough Place Subdivision – Phase 2; 33M-585)

(City Engineer)

 

Bill No. 55

By-law No. S.- 5514-41

            A by-law to assume certain works and services in the City of London. (Hanrose Park Subdivision – Phase 2; 33M-407)

(City Engineer)

Bill No. 56

By-law No. S.- 5515-42

A by-law to assume certain works and services in the City of London. (Longwood Oaks Subdivision – Phase 2; 33M-576)

(City Engineer)

Bill No. 57

By-law No. S.- 5516-43

            A by-law to assume certain works and services in the City of London. (Highbury Estates Subdivision; 33M-567) (City Engineer)

 

Bill No. 58

By-law No. S.- 5517-44

            A by-law to assume certain works and services in the City of London. (Summerside Subdivision – Phase 16; 33M-584)

(City Engineer)

 

Bill No. 59

By-law No. S.- 5518-45

A by-law to permit Ryan John Brady to maintain and use an encroachment upon the road allowance for William Street, City of London. (City Solicitor)

 

Bill No. 60

By-law No. S.- 5519-46

A by-law to permit The World Vietnamese Buddhist Order – Duc Quang Buddhist Centre to maintain and use an encroachment upon the road allowance for Trafalgar Street and Hamilton Road, City of London. (City Solicitor)

 

Bill No. 61

By-law No. S.- 5520-47

A by-law to permit The N’Amerind, (London) Friendship Centre Inc. to maintain and use an encroachment upon the road allowance for Colborne Street, City of London. (City Solicitor)

 

Bill No. 62

By-law No. W.- 5531-48

A by-law to authorize the SWM Facility – Hyde Park 4 Project (Project No. ES3020-HP4)

 

Bill No. 63

By-law No. W.- 5532-49

A by-law to authorize the SWM Pond-Uplands North B2 Project (Project No. ES3020-UPNB2)

 

Bill No. 64

By-law No. W.- 5533-50

A by-law to authorize the 2012 New Major Open Spaces Project (Project No. PD2043-12)

 

Bill No. 65

By-law No. Z.-1-132160

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 373 Wharncliffe Road South. (6/1/PEC)

Bill No. 66

By-law No. Z.-1-132161

A by-law to extend the Temporary Use for an area of land located at 585 Third Street. (8/1/PEC)

Bill No. 67

By-law No. Z.-1-132162

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1900 Huron Street. (9/1/PEC)

Bill No. 68

By-law No. Z.-1-132163

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 142 Horton Street East and 291,297, 303 and 305 Richmond Street. (13/1/PEC)

 

Bill No. 69

By-law No.A.-6904-51

 

A By-law to authorize a Property Value Protection Plan Agreement between The Corporation of the City of London and Victoria Miller and Manuel A. S. Camara to provide property value protection for the property located at 5801 White Oak Road. (C-1/2/CWC)

 

Bill No. 70

By-law No.A.-6905-52

A by-law to ratify and confirm the Resolution of the Shareholder of London Hydro Inc. authorizing and approving the joint venture between London Hydro Inc. and London District Renewable Energy Cooperative. (1/2/CW)

 

XIV

ADJOURNMENT

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

Motion Passed 

The meeting adjourned at 9:15 PM. 

_________________________________

                                                                                          Joe Fontana, Mayor

 

 

 

_________________________________

                                                                              Catharine Saunders, City Clerk

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