Council

Minutes

Meeting #:	5th Meeting of City Council
Date:	Tuesday, March 06, 2018 at 4:00 P.m. - 5:00 P.m.
Location:	Council Chambers

Present:

• Mayor M. Brown,
• M. van Holst,
• B. Armstrong,
• M. Salih,
• J. Helmer,
• M. Cassidy,
• P. Squire,
• J. Morgan,
• P. Hubert,
• A. Hopkins,
• V. Ridley,
• S. Turner,
• and J. Zaifman

Absent:

• H. Usher
• and T. Park

Also Present:

• ​C. Saunders (City Clerk), M. Hayward, A.L. Barbon,G. Barrett, B. Card, S. Corman, B. Coxhead, S. Datars Bere, D. Dobson, T. Fowler, N. Hall, G. Kotsifas, L. Livingstone, P. McKague,  D. O’Brien, A. Patis, D. Purdy, J. Raycroft, L. Rowe, E. Soldo, S. Spring, S. Stafford, J. Stanford, J. Taylor, M. Tomazincic, K. Van Lammeren, B. Warner, B. Westlake-Power, R. Wilcox

   

  The Meeting was called to order at 4:04 PM.

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1.

Disclosures of Pecuniary Interest

Councillor S. Turner discloses a pecuniary interest in clause 9 of the 4th Report of the Community and Protective Services Committee, having to do with a proposed amendment to the Public Nuisance By-law to address odour, by indicating that his employer, the Middlesex-London Health Unit, has a role regarding the By-law.

2.

Recognitions

None.

3.

Review of Confidential Matters to be Considered in Public

None.

4.

Council, In Closed Session

• Motion made by: B. Armstrong
  Seconded by: M. Salih

  That Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

   

  4.1       C1 of the Planning and Environment Committee – A matter pertaining to litigation or potential litigation with respect to appeals to the Ontario Municipal Board arising out of the London Plan and advice that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to appeals to the Ontario Municipal Board arising out of the London Plan;

   

  4.2       C1 of the Corporate Services Committee – 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;

   

  4.3       C2 of the Corporate Services Committee – A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regards to the Corporation’s associations and unions, and litigation or potential litigation affecting the municipality, and advice which is subject to solicitor client privilege, including communications necessary for that purpose; and a matter pertaining to advice that is subject to solicitor-client privilege; including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation

   

  4.4       ADDED - A matter pertaining personal matters about an identifiable individual; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege, including communications, reports, advice or recommendations of officers and employees of the Corporation necessary for that purpose and directions to officers and employees of the Corporation pertaining to by-law enforcement matters with respect to the proposed odour by-law.

  
  Motion Passed (13 to 0)

  The Council rises and goes into the Council, In Closed Session, at 4:12 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Salih, H. Usher and T. Park.

  At 4:20 PM Councillor M. Salih enters the meeting.

  At 4:24 PM Councillor S. Turner leaves the meeting.

  The Council, In Closed Session, rises at 4:27 PM and Council reconvenes at 4:29 PM, with Mayor M. Brown in the Chair and all Members present except Councillors H. Usher and T. Park.

  
  

5.

Confirmation and Signing of the Minutes of the Previous Meeting (s)

5.1

4th Meeting held on February 13, 2018

• Motion made by: J. Helmer
  Seconded by: B. Armstrong

  That the Minutes of the Fourth Meeting, held on February 13, 2018, BE APPROVED.

  
  Motion Passed (13 to 0)

6.

Communications and Petitions

• Motion made by: J. Helmer
  Seconded by: J. Zaifman

  That receipt and referral of the following communications, as noted on the Agenda, BE APPROVED:

   6.1. "Sister City" Partnerships
   
   (Refer to the Corporate Services Committee Stage for Consideration with Clause 7 of the 5th Report of the Corporate Services Committee)
   
   1. Sawako Akai, Huron University College
   
   2. Asako Tanaka, Asahikawa Canada Society

  
  Motion Passed (13 to 0)

7.

Motions of Which Notice is Given

None.

8.

Reports

8.1

4th Report of the Planning and Environment Committee

• Motion made by: S. Turner

  That clauses 1 to 16, excluding 6, BE APPROVED.

  
  Motion Passed (13 to 0)

8.2

4th Report of the Community and Protective Services Committee

• Motion made by: M. Cassidy

  That clauses 1 to 13, excluding clause 9, BE APPROVED.

  
  Motion Passed (13 to 0)

9.

Proposed Public Nuisance By-law Amendment to Address Odour

• Motion made by: M. Cassidy

  That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official the following actions be taken with respect to the staff report dated February 21, 2018, related to a proposed Public Nuisance By-law amendment to address odour:

  a)         the above-noted staff report and draft Public Nuisance By-law amendment, to address nuisance odours related to Anaerobic Digestion Facilities, Composting Facilities and Rendering Plants, BE RECEIVED and BE REFERRED to a public participation meeting to be held by the Community and Protective Services Committee on April 4, 2018, for the purpose of seeking public input on the draft by-law;

  b)         municipal enforcement activities BE ENHANCED through the hiring of one additional Municipal Law Enforcement Officer on a two-year, temporary basis with the budget not to exceed a maximum of $90,000 per year with the source of funding to be from the Sanitary Landfill Site Reserve Fund; it being noted that this amount and source of funding was previously approved by Council for enhanced Provincial compliance activities, however further dialogue has resulted in complementary compliance and enforcement activities that are maintained within each level of government’s legal responsibilities to avoid duplication; and,

  c)         the Managing Director, Development and Compliance Services and Chief Building Official BE DIRECTED to report back to the Community and Protective Services Committee after one year of administration and enforcement of the Public Nuisance By-law regulations pertaining to odour upon enactment;

  it being noted that a communication dated February 19, 2018, from B. Moffatt, StormFisher Environmental Ltd., was received with respect to this matter. (2018-P01)

  
  
• Motion made by: M. Cassidy
  Seconded by: J. Zaifman

  That the proposed amendment to the Public Nuisance By-law to address nuisance odours related to Anaerobic Digestion Facilities, Composting Facility and Rendering Plants BE REFERRED back to the Managing Director, Development & Compliance Services and Chief Building Official for further review and a report back at a future meeting of the Community and Protective Services Committee.

  
  Motion Passed (12 to 0)

8.3

5th Report of the Corporate Services Committee

• Motion made by: J. Helmer

  That clauses 1, and 3 to 15 BE APPROVED.

  
  Motion Passed (13 to 0)

2.

2018 Municipal Election Update

• Motion made by: J. Helmer

  That, on the recommendation of the City Clerk, the staff report dated February 20, 2018, entitled “2018 Municipal Election Update”, providing a summary of changes to the Municipal Elections Act, 1996 and an update with respect to election technology required for the Municipal Election, BE RECEIVED for information.

  
  Motion Passed (13 to 0)

8.4

4th Report of the Civic Works Committee

• Motion made by: V. Ridley

  That clauses 1 to 13 BE APPROVED.

  
  Motion Passed (13 to 0)

9.

Added Reports

9.1

5th Public Report of the Council, In Closed Session

5th Report of the Council, In Closed Session

PRESENT: Mayor M. Brown and Councillors M. van Holst B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, A. Hopkins S. Turner, H.L. Usher, T. Park and J. Zaifman; and C. Saunders (City Clerk)

ABSENT: Councillors H. Usher and T. Park

ALSO PRESENT: M. Hayward, A.L. Barbon, B. Card, B. Coxhead, G. Kotsifas, L. Rowe, J. Stanford and B. Warner

 

Councillor P. Hubert reports progress on the following matters:

4.1       C1 of the Planning and Environment Committee – A matter pertaining to litigation or potential litigation with respect to appeals to the Ontario Municipal Board arising out of the London Plan and advice that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to appeals to the Ontario Municipal Board arising out of the London Plan;

4.2       C1 of the Corporate Services Committee – 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;

4.3       C2 of the Corporate Services Committee – A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regards to the Corporation’s associations and unions, and litigation or potential litigation affecting the municipality, and advice which is subject to solicitor client privilege, including communications necessary for that purpose; and a matter pertaining to advice that is subject to solicitor-client privilege; including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation

4.4       ADDED - A matter pertaining personal matters about an identifiable individual; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege, including communications, reports, advice or recommendations of officers and employees of the Corporation necessary for that purpose and directions to officers and employees of the Corporation pertaining to by-law enforcement matters with respect to the proposed odour by-law.

4.5     ADDED - A matter pertaining to personal matters, including information regarding identifiable individuals, with respect to employment-related matters; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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.

9.2

6th Report of the Corporate Services Committee

1.

2018 Debenture Issuance Update

• Motion made by: J. Helmer

  1.     That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:

  a)                the issue of serial debentures for a total of $55,000,000 BE APPROVED; it being noted that the average all-in-rate is 2.976% over a 10-year term; and

  b)                the proposed by-law appended to the staff report dated March 5, 2018 BE INTRODUCED at the Municipal Council meeting on March 6, 2018, to authorize the borrowing upon serial debentures in the aggregate principal amount of $55,000,000 towards the cost of certain capital works of the Corporation of the City of London;

  it being noted that the Corporate Services Committee heard a verbal presentation from K. Yeung (CIBC), with respect to this matter.

  
  Motion Passed (13 to 0)

10.

Deferred Matters

None.

11.

Enquiries

Councillor J. Morgan enquired about the process for handling complaints related to vehicles for hire. The City Manager and the City Solicitor outlined the City’s processes in that regard.

Councillor A. Hopkins enquired about the Vehicle for Hire By-law as it relates to circumstances for which an individual can provide a ride, including exceptions to same. The Managing Director, Development and Compliance Services and Chief Building Official outlines the general provisions.

Councillor S. Turner enquired about the vulnerability of the City’s and London Hydro’s infrastructure during recent flooding events. The Director, Roads and Transportation advised of the impacts and noted that the Civic Administration is reviewing what steps may be in order to expand upon the measures that the City of London already has in place to protect its infrastructure.

Councillor M. Salih enquired when the next Bus Rapid Transit meeting will occur before a Standing Committee of the Municipal Council. The Director, Roads and Transportation advised that the matter is currently scheduled to be before the Strategic Priorities and Policy Committee on April 9, 2018.

• Motion made by: A. Hopkins
  Seconded by: J. Zaifman

  That pursuant to section 11.4 of the Council Procedure By-law, leave be given to introduce an additional Council, In Closed Session matter in order to receive information related to a matter pertaining personal matters about an identifiable individual; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege, including communications, reports, advice or recommendations of officers and employees of the Corporation necessary for that purpose and directions to officers and employees of the Corporation pertaining to by-law enforcement matters with respect to the City’s Vehicle for Hire By-law L.-130-71

  
  Motion Passed (11 to 2)
• Motion made by: J. Zaifman
  Seconded by: M. Cassidy

  That Council rise and convene as Council, In Closed Session for the purpose of considering the following:

  A matter pertaining personal matters about an identifiable individual; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege, including communications, reports, advice or recommendations of officers and employees of the Corporation necessary for that purpose and directions to officers and employees of the Corporation pertaining to by-law enforcement matters with respect to the City’s Vehicle for Hire By-law L.-130-71.

  
  Motion Passed (12 to 1)

  The Council rises and goes into the Council, In Closed Session, at 6:14 PM, with Mayor M. Brown in the Chair and all Members present except Councillors P. Squire, H.L. Usher and T. Park.

  Councillor B. Armstrong leaves the meeting at 6:40 PM.

  Councillor J. Zaifman leaves the meeting at 7:17 PM.

  The Council, In Closed Session, rises at 7:13 PM and Council reconvenes at 7:17 PM, with Mayor M. Brown in the Chair and all Members present except Councillors B. Armstrong, M. Salih, H. Usher, T. Park, and J. Zaifman.

  Councillor M. Salih leaves the meeting at 7:30 PM.

  
  

12.

Emergent Motions

None.

13.

By-laws

• Motion made by: J. Helmer
  Seconded by: M. van Holst

  That Introduction and First Reading of Bill No.’s 95 to the Added Bill No. 121, excluding the revised Bill No. 115, BE APPROVED.

  
  Motion Passed (10 to 0)
• Motion made by: J. Helmer
  Seconded by: S. Turner

  That Second Reading of Bill No.’s 95 to the Added Bill No. 121, excluding the revised Bill No. 115, BE APPROVED.

  
  Motion Passed (10 to 0)
• Motion made by: A. Hopkins
  Seconded by: M. van Holst

  That Third Reading and Enactment of Bill No.’s 95 to the Added Bill No. 121, excluding the revised Bill No. 115, BE APPROVED.

  
  Motion Passed (10 to 0)
• Motion made by: M. Cassidy
  Seconded by: M. van Holst

  That Introduction and First Reading of the revised Bill No. 115 BE APPROVED.

  
  Motion Passed (7 to 3)
• Motion made by: M. Cassidy
  Seconded by: V. Ridley

  That Second Reading of the revised Bill No. 115 BE APPROVED.

  
  Motion Passed (7 to 3)
• Motion made by: M. Cassidy
  Seconded by: P. Hubert

  That Third Reading and Enactment of the revised Bill No. 115 BE APPROVED.

  
  Motion Passed (7 to 3)

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

   

  Bill No. 95 By-law No. A.-7684-73	A by-law to confirm the proceedings of the Council Meeting held on the 6th day of March, 2018. (City Clerk)
  Bill No. 96 By-law No. A.-7685-74	A by-law to authorize and approve a Transfer Payment Agreement under the Ontario Municipal Commuter Cycling Program, between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation for the Province of Ontario, and The Corporation of the City of London; and to authorize the Mayor and the City Clerk to execute the Agreement; and to delegate authority to the Managing Director of Environmental & Engineering Services and City Engineer and Managing Director, Corporate Services and City Treasurer or their designate to execute any financial reports required under the Agreement. (7/4/CWC)
  Bill No. 97 By-law No. A.-7686-75	A by-law to authorize and approve a Memorandum of Understanding between Canadian Plastics Industry Association, and The Corporation of the City of London and to authorize the Mayor and the City Clerk to execute the Memorandum of Understanding. (10/4/CWC)
  Bill No. 98 By-law No. A.-7687-76	A by-law to authorize and approve a Memorandum of Understanding between Resource Energy Development of Canada, Ltd., and The Corporation of the City of London and to authorize the Mayor and the City Clerk to execute the Memorandum of Understanding. (11/4/CWC)
  Bill No. 99 By-law No. A.-7688-77	A By-law to approve the Rent Supplement Agreement and to authorize the Managing Director of Housing, Social Services and Dearness Home to execute the Agreement and make amendments that do not substantially change the intent or purpose of the Agreement as approved by City Solicitor. (5/4/CPSC)
  Bill No. 100 By-law No. A.-7689-78	A by-law to approve the Transfer Payment Agreement for the Social Housing Apartment Improvement Program with the Ministry of Housing Provider; to authorize the Mayor and the City Clerk to execute the agreement; to authorize the Mayor and the City Clerk to execute subsequent Social Housing Apartment Improvement Program Transfer Payment Agreements; and to authorize the Managing Director, Housing, Social Services and Dearness Home, or designate, to execute the Program Delivery and Fiscal Plans. (6/4/CPSC)
  Bill No. 101 By-law No. A.-7690-79	A By-law to approve the Housing Provider Contribution Agreement for the Social Housing Apartment Improvement Program; and to authorize the Managing Director of Housing, Social Services and Dearness Home to execute the Agreement. (6/4/CPSC)
  Bill No. 102 By-law No. C.P.-1284(tp)-80	A by-law to amend the Official Plan for the City of London, 1989 relating to 2150 Oxford Street East (10b/4/PEC)
  Bill No. 103 By-law No. E.-186-81	A by-law to establish the 2018 Municipal Election Compliance Audit Committee in accordance with Section 88.37 of the Municipal Elections Act, 1996, as amended. (3/5/CSC)
  Bill No. 104 By-law No. E.-187-82	A by-law to approve the appointments to the Municipal Election Compliance Audit Committee for the 2018 Municipal Election in accordance with Sections 88.37 of the Municipal Elections Act, 1996, as amended. (3/5/CSC)
  Bill No. 105 By-law No. S.-5914-83	A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Pond Mills Road, north and south of The Kings Highway 401) (Chief Surveyor - in support of MTO’s Pond Mills bridge rehabilitation project at Highway 401)
  Bill No. 106 By-law No. S.-5915-84	A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Sunningdale Road East, west of Canvas Way) (Chief Surveyor - due to an oversight in 2011)
  Bill No. 107 By-law No. S.-5916-85	A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Commissioners Road East west of Wellington Road) (Chief Surveyor - pursuant to SP14-006103 and in accordance with Zoning By-law Z-1)
  Bill No. 108 By-law No. S.A.S.-278-86	A By-law to impose special charges on certain lots for the construction of a sanitary sewer, storm sewer and water main on Perkins Road pursuant to section 30 of Ontario Regulation 586/06 made under the Municipal Act, 2001, S.O. 2001, c.25; (8/10/CWC-2015)
  Bill No. 109 By-law No. S.A.S.-279-87	A By-law to impose special charges on certain lots for the construction of a sanitary sewer, storm sewer and water main on Eastgate Crescent pursuant to section 30 of Ontario Regulation 586/06 made under the Municipal Act, 2001, S.O. 2001, c.25; (9/10/CWC-2015)
  Bill No. 110 By-law No. W.-5550(d)-88	A by-law to amend By-law No. W.-5550-67 entitled, “A by-law to authorize the Western Road Widening – Platts Lane to Oxford Street (Project No. TS1489)” (6/3/CWC)
  Bill No. 111 By-law No. W.-5584(c)-89	A by-law to amend By-law No. W.-5584-183 entitled, “A by-law to authorize the SWM Facility Dingman Creek North Lambeth No. P9. (Project No. ESSWM-DCNLP9).” (10/3/CWC)
  Bill No. 112 By-law No. W.-5588(a)-90	A by-law to amend By-law No. W.-5588-278 entitled, “A by-law to authorize the Wonderland Road South Two Lane Upgrade. (Project No. TS1487)” (3/3/CWC)
  Bill No. 113 By-law No. Z.-1-182649	A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for lands located at 905 Sarnia Road. (4/4/PEC)
  Bill No. 114 By-law No. Z.-1-182650	A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning on lands located at 810 Southdale Road East. (5/4/PEC)
  Bill No. 115 By-law No. Z.-1-182651	A by-law to amend By-law No. Z.-1 to rezone an area of land located at 660 Sunningdale Road East. (6/4/PEC)
  Bill No. 116 By-law No. Z.-1-182652	A by-law to amend By-law No. Z.-1 to rezone an area of land located at 2150 Oxford Street East. (10a/4/PEC)
  Bill No. 117 By-law No. Z.-1-182653	A by-law to amend By-law No. Z.-1 to rezone an area of land located at 2081 Trafalgar Street. (11/4/PEC)
  Bill No. 118 By-law No. Z.-1-182654	A by-law to amend By-law No. Z.-1 to rezone an area of land located at 255 South Carriage Road. (12/4/PEC)
  Bill No. 119 By-law No. Z.-1-182655	A by-law to amend By-law No. Z.-1 to rezone an area of land located at 220 Adelaide Street South. (13/4/PEC)
  Bill No. 120 By-law No. Z.-1-182656	A by-law to amend By-law No. Z.-1 to rezone an area of land located at 644 and 646 Huron Street (14/4/PEC)
  Bill No. 121 By-law No. D.-774-91	A by-law to authorize the borrowing upon instalment Debentures in the Aggregate principal amount of $55,000,000.00 towards the cost of certain Capital Works of The Corporation of the City of London. (2.1/6/CSC)

   

  
  

14.

Adjournment

The meeting adjourned at 7:31 PM.