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Council

minutes

19TH MEETING

 

 

June 25, 2015

 

The Council meets in Regular Session in the Council Chambers this day at 4:03 PM.

 

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

 

ABSENT:  Councillor P. Squire.

 

ALSO PRESENT:  A. Zuidema, J.P. Barber, J. Braam, B. Coxhead, S. Datars Bere, D.  Dobson, C. Dziedzic, J.M  Fleming, P. Foto, K. Graham, A. Hagan, N. Hall, M. Hayward, G. Kotsifas, L. Livingstone, V. McAlea Major, D. O’Brien,  L. Palarchio, L.M. Rowe, J. Stanford, M. Tomazincic, B. Warner and B. Westlake-Power.

 

At the beginning of the Meeting all Members are presents except Councillors P. Squire and J. Morgan.

 

At 4:05 PM Councillor J. Morgan enters the meeting.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor P. Hubert discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 7th Report of the Community and Protective Services Committee having to do with a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which  could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition, by indicating, that he is the Executive Director of a social services agency that has contracts with Ontario Works.  Councillor P. Hubert further discloses a pecuniary interest in clause 2 of the 7th Report of the Community and Protective Services Committee, having to do with the interpretation services and written translation services request for proposal, by indicating that the service provider is a tenant of the social services agency for which he is the Executive Director.  Councillor P. Hubert further discloses a pecuniary interest in the Added in camera reason having to do with a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations or unions, including communications necessary for that purpose and for the purpose of providing instructions and direction to officers and employees of the Corporation; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and the security of the property of the municipality, including communication’s necessary for that purpose, by indicating that he is the Executive Director of a social services agency that has contracts with Ontario Works.

 

 

 

 

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

III

ADDED REPORTS

 

1.

16th Report of the Planning and Environment Committee

 

2.

17th Report of the Planning and Environment Committee

 

3.

4th Report of the Audit Committee

 

4.

18th Report of the Corporate Services Committee

 

IV

RECOGNITIONS

 

None.

 

V

COMMITTEE OF THE WHOLE, IN CAMERA

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve that Council rise and go into the Committee of the Whole, in camera, for the purpose of considering 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. (C-1/16/CSC)

 

b)

A matter pertaining to the purpose of instructions and directions to officers and employees of the Corporation 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; 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 disposition. (C-2/16/CSC)

 

c)

A matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which  could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C-1/7/CPSC)

 

d)

(ADDED) Matters pertaining to litigation or potential litigation with respect to the appeal of Westbury International (1999) Corp. to the Ontario Municipal Board, Case No. PL150327 concerning property municipally known as 3680 Wonderland Road South, litigation or potential litigation with respect to the appeal of Westbury International (1999) Corp. and The Decade Group to the Ontario Municipal Board, Case No. PL142352 concerning property municipally known as 51 and 99 Exeter Road; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to the appeals of Westbury International (1999) Corp. and The Decade Group to the Ontario Municipal Board, Case No.s PL150327 and PL142352. (C-1/17/PEC)

 

e)

(ADDED) A matter pertaining to personal matters about identifiable individuals, including municipal employees, with respect to employment-related matters, and related to labour relations or employee negotiations, advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose with respect to the status of past project action plans. (C-1/4/AUDIT)

 

f)

(ADDED) A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations or unions including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

The Council rises and goes into Committee of the Whole, in camera, at 4:24 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor P. Squire.

 

At 4:35 PM Councillor P. Hubert leaves the meeting.

 

At 4:36 PM Councillor P. Hubert enters the meeting.

 

The Committee of the Whole rises at 4:38 PM and Council reconvenes at 4:41 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor P. Squire.

 

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SEVENTEENTH MEETING HELD ON JUNE 10, 2015 AND THE EIGHTEENTH MEETING HELD ON JUNE 18, 2015.

 

Motion made by Councillor S. Turner and seconded by Councillor B. Armstrong to Approve the Minutes of the 17th and 18th Meetings held on June 10 and June 18, 2015, respectively.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

VII

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor P. Hubert and seconded by Councillor V. Ridley to Approve referral of the following communications as noted on the Agenda and Added Agenda: 

 

3.

J. Baechler, Back to the River (Refer to the Planning and Environment Committee stage for consideration with clause 4 of the 15th Report of the Planning and Environment Committee.)

 

4.

Highbury Avenue Gospel Hall, Property located at 1192 Highbury Avenue North (OZ-8463) (Refer to the Planning and Environment Committee stage for consideration with clause 8 of the 15th Report of the Planning and Environment Committee.)

 

5.

R. Knutson, Knutson Development Consultants Inc., Property located at 1192 Highbury Avenue North (OZ-8463) (Refer to the Planning and Environment Committee stage for consideration with clause 8 of the 15th Report of the Planning and Environment Committee.)

 

6.

G. Hodder, Architectural Conservancy Ontario, London Region (Refer to the Planning and Environment Committee stage for consideration with clause 10 of the 15th Report of the Planning and Environment Committee.)

 

7.

(ADDED) B. Lansink, The London Plan - Second Draft (Refer to the Planning and Environment Committee stage for consideration with clause 2 of the 16th Report of the Planning and Environment Committee.)

 

8.

(ADDED) J. McGuffin, Monteith Brown Planning Consultants, The London Plan - Second Draft (Refer to the Planning and Environment Committee stage for consideration with clause 2 of the 16th Report of the Planning and Environment Committee.)

 

9.

(ADDED) J. Plutino, Mainline Planning Services Inc.,, The London Plan - Second Draft (Refer to the Planning and Environment Committee stage for consideration with clause 2 of the 16th Report of the Planning and Environment Committee.)

 

10.

(ADDED) B. Card, Barrister & Solicitor, The London Plan - Second Draft (Refer to the Planning and Environment Committee stage for consideration with clause 2 of the 16th Report of the Planning and Environment Committee.)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

 

 

Motion made by Councillor H.L. Usher and seconded by Councillor M. van Holst to Approve that Council convene as the Approval Authority pursuant to the provisions of the Expropriation Act, R.S.O. 1990, c.E.26, as amended, for the purpose of considering Communication No. 1 from the Managing Director, Environmental and Engineering Services and City Engineer, dealing with the proposed expropriation of land for the project known as the Fanshawe Park Road Widening and Improvements Project - Phase II, between Adelaide Street North and Highbury Avenue.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor P. Hubert and seconded by Councillor J. Helmer to Approve Communication No. 1.

 

1.

Managing Director and City Engineer, Environmental and Engineering Services - Expropriation of Lands - Fanshawe Park Road Widening Project, Phase II - TS1475-2

 

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, with respect to the expropriation of lands for the a project known as the Fanshawe Park Road Widening and Improvements Project - Phase II, between Adelaide Street North and Highbury Avenue, the following actions be taken:

 

a)         the Council of The Corporation of the City of London, as Approving Authority pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, as amended, HEREBY APPROVES the proposed expropriation of land, as described in Appendix “A” attached hereto, in the City of London, County of Middlesex, it being pointed out that the reasons for making this decision are as follows:

 

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

 

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

 

iii)         the design is in accordance with the Municipal Class Environmental Assessment Study Recommendations for the Fanshawe Park Road East Widening and Improvements accepted by Council on April 2, 2009; and

 

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

 

it being noted that there were no requests for a Hearing of Necessity received for the parcels included in Appendix “A” appended to the staff report dated June 25, 2015.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor J. Helmer and seconded by Councillor B. Armstrong to Approve that the meeting of the Approval Authority be adjourned and that the City Council reconvene in regular session.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

 

 

 

 

 

Motion made by Councillor P. Hubert and seconded by Councillor B. Armstrong to Approve Communication No. 2.

 

2.

Managing Director and City Engineer, Environmental and Engineering Services - Expropriation of Lands - Fanshawe Park Road Widening Project, Phase II - TS1475-2

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, with respect to the expropriation of lands for the project known as the Fanshawe Park Road East Widening and Improvements Project-Phase II, between Adelaide Street North and Highbury Avenue, the following actions be taken:

 

a)         the proposed by-law attached as Schedule ‘B’ to the staff report dated June 25, 2015 BE INTRODUCED at the Municipal Council meeting on June 25, 2015 by The Corporation of the City of London as Expropriating Authority, with respect to the land described in Schedule ‘A’ attached hereto (the “Expropriated Lands”);

 

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

 

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

 

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

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

IX

REPORTS

 

 

16th Report of the Corporate Services Committee

                        Councillor M. Cassidy presents.

 

Motion made by Councillor M. Cassidy to Approve clauses 1 to 8, except clauses 3 and 5.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Signing Authority for Computer Lease Renewals

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law as appended to the staff report dated June 15, 2015 to amend By-law No. A.-6724-281 entitled “A By-law to ratify, confirm and approve various agreements between Hewlett-Packard Financial Services Canada Company (HPFS) and The Corporation of the City of London for the leasing of computer equipment; and to authorize the Mayor and City Clerk to execute the agreements.” BE INTRODUCED at the Municipal Council meeting on June 25, 2015 in order to reflect organizational changes.

 

 

 

 

 

4.

Property Disposition - 2532 Main Street

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager, Realty Services, the following actions be taken with respect to the property located at 2532 Main Street, further described as Part Lots 1 and 2, Plan 443, in the City of London, measuring approximately 28 x 82 feet:

 

a)          the offer submitted by 1724830 Ontario Inc. o/a Flandscape to purchase the subject property from the City, for the sum of $111,600.00, BE ACCEPTED subject to the following conditions:

 

i)         the Purchaser acknowledging that the property is being purchased on an “AS IS” basis;

 

ii)        the City agreeing to provide an easement in favour of the Purchaser in order to access and maintain the septic system;

 

iii)         the City agreeing to deposit on title a reference plan describing the property, if required;

 

iv)        the Purchaser having fifteen (15) days from the acceptance of its offer, at its sole expense, to conduct an inspection of the septic system, and must notify the City as to whether or not they are satisfied with the condition of the septic system; and

 

b)         subject to the approval of a), above, the proposed by-law, as appended to the staff report dated June 15, 2015, BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and 1724830 Ontario Inc. o/a Flandscape, for the acquisition of 2532 Main Street and to authorize the Mayor and the City Clerk to execute the Agreement.

 

5.

Green Municipal Fund - Combined Loan and Grant Agreement

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the by-law, as appended to the staff report dated June 15, 2015, BE INTRODUCED at the Municipal Council meeting of June 25, 2015 to authorize the Mayor and City Clerk to execute the Combined Loan and Grant Agreement between the Federation of Canadian Municipalities and The Corporation of the City of London for the Green Municipal Fund.

 

6.

Ranked Ballots for Municipal Elections in Ontario

 

The communication from M. McAlpine, on behalf of 123London, with respect to ranked ballots for municipal elections in Ontario, BE REFERRED to the consultation process for the Province's current review of the Municipal Elections Act and 123London BE THANKED for its submission on the matter of ranked ballots.

 

7.

Province of Ontario - Legislation Review - Municipal Elections Act, Municipal Conflict of Interest Act and Municipal Act

 

That the following actions be taken with respect to the Province of Ontario’s review of the Municipal Elections Act, the Municipal Conflict of Interest Act and the Municipal Act, 2001:

 

a)         the Civic Administration BE DIRECTED to make the necessary arrangements to provide and communicate opportunities for the public to participate in the Province of Ontario’s call for public comment with respect to the above-noted review;

 

b)         the Civic Administration BE DIRECTED to develop an appropriate process to solicit and submit suggestions from individual Councillors, and from The Corporation of the City of London, as a municipality, with respect to the above-noted review; and

 

c)         the Province of Ontario BE ADVISED that the Municipal Council supports providing municipalities with the option to use ranked balloting for the 2018 municipal election.

 

 

 

 

8.

Request for Proposals Process for Land Leases for City-Owned Land in the Vicinity of the W12A Landfill and Resource Recovery Area

 

That, on the recommendation of the Director, Environment, Fleet & Solid Waste, the staff report dated June 15, 2015 regarding the request for proposals process for land leases for City-Owned land in the vicinity of the W12A landfill and resource recovery area BE RECEIVED for information.

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Zaifman to Approve that clause 5 be amended by adding the following words to the end of the clause:  "it being noted that the above-noted project is the Aquatic Centre."

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor B. Armstrong and seconded by Councillor M. van Holst to Approve clauses 1 to 8, excluding clause 3, and including clause 5, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Clause 5, as amended, reads as follows:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the by-law, as appended to the staff report dated June 15, 2015, BE INTRODUCED at the Municipal Council meeting of June 25, 2015 to authorize the Mayor and City Clerk to execute the Combined Loan and Grant Agreement between the Federation of Canadian Municipalities and The Corporation of the City of London for the Green Municipal Fund; it being noted that the above-noted project is the Aquatic Centre.

 

Motion made by Councillor M. Cassidy to Approve clause 9.

 

9.

Ombudsman Report

 

That the Ombudsman Report entitled “Investigation into whether the City of London’s Strategic Priorities and Policy Committee held an illegal meeting on March 2, 2015” BE RECEIVED for information.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

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

 

3.

Single Source Award of Contract for Phase 5 Facility Renewal and Energy Retrofit Program

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Parks & Recreation and Manager of Purchasing and Supply, the following actions be taken with respect to the Phase 5 – 2015 Facility Renewal and Energy Retrofit Program, subject to the provision of additional background information at the Municipal Council meeting of June 25, 2015:

 

a)         the proposal submitted by Ameresco Canada Inc., 90 Sheppard Avenue East, 7th Floor, Toronto, ON, M2N 6X3, included as Schedule “A” to Appendix “B” to the staff report dated June 15, 2015, to undertake the Phase 5 – 2015 Facility Renewal and Energy Retrofit Program at an upset limit of $1,907,338.00, excluding HST, BE ACCEPTED on a single source basis in accordance with section 14.4 (d) of the Procurement of Goods and Services Policy;

 

b)       the financing for this project BE APPROVED as set out in the Sources of Financing Report attached as Appendix “A” to the staff report dated June 15, 2015;

 

c)         future annual operating savings of approximately $48,100.00 BE RECOGNIZED as a result of this project; it being noted that these savings will assist in achieving future budget targets;

 

d)         the proposed by-law attached as Appendix “B” to the staff report dated June 15, 2015 BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to:

 

i)         approve an agreement between The Corporation of the City of London and Ameresco Canada Inc., for Phase 5 2015 Facility Renewal and Energy Retrofit Program at an upset limit of $1,907,338.00; and

 

ii)        authorize the Mayor and the City Clerk to execute the agreement forming Schedule “A” to the by-law appended hereto as Appendix “B”.

 

Motion made by Councillor M. van Holst and seconded by Councillor M. Cassidy to Approve that clause 3 be amended in part d) by deleting the words “the proposed by-law attached as Appendix “B” to the staff report dated June 15, 2015” and by replacing them with the words “the attached revised proposed by-law (Appendix “B”)” and by replacing Schedule “A” to the proposed by-law with the attached revised Schedule “A”, which includes the last two pages of the Agreement which were inadvertently omitted in the original staff report.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor M. Cassidy and seconded by Councillor H.L. Usher to Approve clause 3, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Clause 3, as amended, reads as follows:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Parks & Recreation and Manager of Purchasing and Supply, the following actions be taken with respect to the Phase 5 – 2015 Facility Renewal and Energy Retrofit Program, subject to the provision of additional background information at the Municipal Council meeting of June 25, 2015:

 

a)         the proposal submitted by Ameresco Canada Inc., 90 Sheppard Avenue East, 7th Floor, Toronto, ON, M2N 6X3, included as Schedule “A” to Appendix “B” to the staff report dated June 15, 2015, to undertake the Phase 5 – 2015 Facility Renewal and Energy Retrofit Program at an upset limit of $1,907,338.00, excluding HST, BE ACCEPTED on a single source basis in accordance with section 14.4 (d) of the Procurement of Goods and Services Policy;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report attached as Appendix “A” to the staff report dated June 15, 2015;

 

c)         future annual operating savings of approximately $48,100.00 BE RECOGNIZED as a result of this project; it being noted that these savings will assist in achieving future budget targets;

 

d)         the attached revised proposed (Appendix “B”) BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to:

 

i)          approve an agreement between The Corporation of the City of London and Ameresco Canada Inc., for Phase 5 2015 Facility Renewal and Energy Retrofit Program at an upset limit of $1,907,338.00; and

 

ii)         authorize the Mayor and the City Clerk to execute the agreement forming Schedule “A” to the by-law appended hereto as Appendix “B”.

 

 

 

 

18th Report of the Corporate Services Committee

                        Councillor M. Cassidy presents.

 

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

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Pride London Festival – Request for Designation as Event of Municipal Significance

 

That the Pride London Festival, to be held July 24, 2105 to July 26, 2015 in Victoria Park, BE DESIGNATED as an event of municipal significance in the City of London.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

15th Report of the Planning and Environment Committee

                        Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 11, excluding clauses 5 and 7.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interest were disclosed.

 

2.

447 Old Wonderland Road - OMB Decision

 

That, the following actions be taken with respect to the property located at 447 Old Wonderland Road:

 

a)         the Approval Authority BE REQUESTED to make the necessary arrangements to hold a public participation meeting before the Planning and Environment Committee with respect to the application for site plan approval for the development of a medical/dental office at the property located at 447 Old Wonderland Road; and,

 

b)         the report of the Managing Director, Planning and City Planner, dated June 15, 2015 with respect to the decision of the Ontario Municipal Board relating to the appeal by 2376563 Ontario Inc. BE RECEIVED for information.

 

3.

Talbot Village Subdivision - Phase 4 - Special Provisions for the Subdivision Agreement (39T-13504)

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Speyside East Corporation Inc. for the subdivision of land over Part of Lots 77 and 78, Concession East of the North Branch of the Talbot Road, City of London, County of Middlesex, situated west of Colonel Talbot Road and north of Raleigh Boulevard:       

 

a)         the Special Provisions, (Schedule “A”), as appended to the staff report dated June 15, 2015  to be contained in a Subdivision Agreement between The Corporation of the City of London and Speyside East Corporation Inc. for Talbot Village Phase 4 (39T-13504) BE APPROVED;

 

b)      the applicant BE ADVISED that the Director, Development Finance has   summarized the claims and revenues to be as per Schedule “B”, as appended to the above-noted staff report; and,

 

c)       the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.

 

 

 

 

 

4.

Back to the River

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the London Community Foundation’s Back to the River Design Competition:

 

a)       the winning design team selected through the Request for Proposal issued by the London Community Foundation (LCF) for the Back to the River Design Competition in July, 2015 BE AWARDED a City consulting contract for detailed design of the inaugural project per Section 15.2 (e) of the City’s Procurement of Goods and Services Policy; it being noted that the City will negotiate a contract with the winning consultant, in keeping with standard professional fee schedules for detailed design;

 

b)         the approved funding from existing capital programs associated with Thames River Valley improvements (PD2123 - Thames Valley Corridor Plan [$20,000] and PD2134 - Thames Valley Parkway [$80,000]) in the total amount of $100,000, BE TRANSFERRED to the approved funding for Downtown Waterfront (PD1215), to support the preparation of detailed design for the inaugural project;

 

c)         the financing for this above-noted detailed design project BE APPROVED as set out in the Source of Financing Report as appended to the staff report dated June 15, 2015;

 

d)         the winning design from the Competition BE PRESENTED by the LCF, to the Planning and Environment Committee by December of 2015 for Council endorsement, prior to the City proceeding with any implementation of the design; and

 

e)         the approval of scope of work and funding for construction of any components of the design BE CONSIDERED by Council through the multi-year budget process, prior to proceeding to any tender process to initiate construction;

 

it being noted that the Planning and Environment Committee received a verbal delegation from the LCF with respect to this matter.

 

6.

Application by Spike's Indoor Beach Volleyball Inc., re properties located at 120 Weston Street (Z-8475)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the proposed by-law appended to the staff report dated June 15, 2015 with respect to the application of Spike’s Indoor Beach Volleyball relating to a portion of the property located at 120 Weston Street, BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan, to change the zoning of the subject site FROM a Holding Residential R9 Special Provision (h?h-5?h-8?R9-7(4)?H40) Zone which permits a wide range of residential uses TO a Holding Residential R9 Special Provision (h?h-5?h-8?R9-7(_)?H40) Zone;

 

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.

 

8.

Application by York Developments (London) Inc. re property located at 1192 Highbury Avenue North (OZ-8463)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of York Developments (London) Inc. relating to the property located at 1192 Highbury Ave North:

 

a)         the proposed by-law as appended to the staff report dated June 15, 2015 BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to amend the Official Plan to change the designation of the subject lands FROM Low Density Residential designation TO Auto Oriented Commercial Corridor;

 

b)          the proposed by-law as appended to the staff report dated June 15, 2015 as Appendix "B" BE INTRODUCED at the Municipal Council meeting on June 25, 2015 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 Neighbourhood Facility (NF1) Zone TO a Restricted Service Commercial Special Provision (RSC1(_)/RSC4(_)) Zone;

 

c)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

 

i)            noise study to be completed, and mitigation measures be implemented as appropriate;

ii)        implement 2.4m high ornamental noise attenuation barriers the perimeter of the site to mitigate any potential noise from the proximity of the drive-through lanes and abutting uses to the east;

iii)       maintain pedestrian walkway through the south portion of the site to provide for non-vehicular connectivity and permeability between the residential neighbourhood to the east and the uses located along Highbury Avenue North, including transit;

iv)       include a low masonry wall and plant materials to screen all exposed parking from the public street and create an urban street wall;

 

d)      the Civic Administration BE REQUESTED to bring forward to a Special Meeting of the Planning and Environment Committee to be held on June 24, 2015 at 3:00 PM, a  by-law to amend the Official Plan to change the designation of the subject lands (3 Mark Street) FROM Low Density Residential TO Auto-Oriented Commercial Corridor; 

 

e)         the Civic Administration BE REQUESTED to bring forward to the Special Meeting of the Planning and Environment Committee to be held on June 24, 2015 at 3:00 PM, a by-law to amend Zoning By-law Z.-1, in conformity with the Official Plan as amended in part (d) above, to change the zoning of the subject property (3 Mark Street)  FROM a Residential R1 (R1-8) Zone TO a Restricted Service Commercial Special Provision (RCS1(_)/RSC4(_)) Zone; and,

 

f)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-laws as a public participation meeting has been held with respect to this matter;

 

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.

 

9.

8th Report of the London Advisory Committee on Heritage

 

That the following actions be taken with respect to the 8th Report of the London Advisory Committee on Heritage (LACH):

 

a)         the consideration of the listing of the following properties on the City of London’s Inventory of Heritage Resources  BE REFERRED to a future meeting of the Planning and Environment Committee to provide an opportunity for the Civic Administration to make a presentation regarding this matter :

 

i)          1020 Elias Street – Priority 1

ii)          534 Huron Street – Priority 1

iii)         544 Fanshawe Park Road East – Priority 1

iv)        1650 Gloucester Road – Priority 1

v)         1137 Western Road – Priority 1

vi)        122 Bloomfield Drive – Priority 1

vii)        33 Bromleigh Avenue – Priority 1

viii)       656 Warren Road – Priority 1

ix)        471 Ridgewood Crescent South – Priority 1

x)         11 Wellington Crescent – from Priority 2 to Priority 1

xi)        415 Base Line Road East – Priority 1

xii)        1945 Highland Heights – Priority 1

xiii)       245 Pall Mall Street – Priority 1

xiv)      29 Victoria Street – Priority 1

xv)       250 Commissioners Road East – Priority 1

xvi)      1231 Richmond Street – Priority 1

xvii)      511 Cheapside Street – Priority 1

 

it being noted that the London Advisory Committee on Heritage received a presentation from Sandra Miller, Forest City Modern;

 

 

 

b)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Manager, Urban Regeneration, the following actions be taken with respect to the request for demolition of the residence located at 348 Sunningdale Road East:

 

i)          the Chief Building Official BE ADVISED that council does not intent to issue a notice of its intent to designate the property under section 29 of the Ontario Heritage Act; and,

 

ii)         the Civic Administration BE REQUESTED to photo document the subject residence, prior to the demolition;

 

it being noted that the London Advisory Committee on Heritage received a presentation from J. Yanchula, Manager, Urban Regeneration; and,

 

c)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Manager, Urban Regeneration and having consulted the London Advisory Committee on Heritage, the application under section 42 of the Ontario Heritage Act for a permit to demolish the building located at 183 King Street in the Downtown London Heritage Conservation District BE REFUSED and that notice of refusal BE GIVEN to the applicant;

 

it being noted that the London Advisory Committee on Heritage received a presentation from the Manager, Urban Regeneration; and,

 

it being further noted that the London Advisory Committee on Heritage strongly opposes the request for demotion, as the subject property has significant heritage value for the City of London.

 

10.

Application by Southside Construction Mgmt. Ltd. re property located at 183 King Street - Request for Demolition

 

That the following actions be taken with respect to the application by Southside Construction Mgmt. Ltd. with respect to the property located at 183 King Street:

 

a)         the application under section 42 of the Ontario Heritage Act for a permit to demolish the building located at 183 King Street in the Downtown London Heritage Conservation District BE REFUSED and that notice of refusal be given to the applicant; and,

 

b)         the Civic Administration BE DIRECTED to report back to the PEC with respect to the potential of a zoning by-law amendment to apply the Heritage (HER) Zone to that portion of the lands at 175-183 King Street that encompasses the significant heritage property attributes, recognizing that the rear additions to the buildings at these addresses may not be necessary to retain, and their removal may be appropriate to allow for future redevelopment;

 

it being pointed out that at the public participation meeting associated with the matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.

 

11.

Delayed Planning and Development Applications

 

That the Civic Administration BE DIRECTED to examine and report back on possible methods of ensuring that, as a condition of approval or extension, planning and development applications which are delayed in implementation are required to be consistent with the most current planning and engineering policies, guidelines, and regulations in the areas including, but not limited to, environment, transit, emergency preparedness and infrastructure; it being noted that this review should recognize the 2014 Provincial Policy Statement (PPS) and the way it is to be applied to planning and development applications that were initiated before the 2014 PPS, to final approval of draft approved subdivisions, and to the extension of draft-approved subdivisions.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor P. Hubert to Approve clause 5.

 

5.

Application by Lambeth Wellness Centre Ltd., re  properties located at 4366 & 4402 Colonel Talbot Road (Z8461)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Lambeth Wellness Centre Ltd. relating to the property located at 4366 & 4402 Colonel Talbot Road: 

 

a)         the proposed by-law as appended to the staff report dated June 15, 2015, BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan, to change the zoning of the subject property FROM an Arterial Commercial (AC2) and Neighbourhood Facility (NF) Zone TO a holding Arterial Commercial (h-17*h-18*h-124*AC2) Zone, a holding Business District Commercial Special Provision (h-18*BDC(_)) Zone, and a Holding Urban Reserve (h-18*UR1) Zone;

 

b)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

 

i)          maintain access for the proposed health and wellness centre entirely from Colonel Talbot Road;

ii)         plan for a joint vehicular access between 4366 Colonel Talbot Road and 4402 Colonel Talbot Road; 

iii)         review a tree preservation report which evaluates any impact from the development on relevant vegetation, and implement any mitigating measures or site modifications to reduce the impact;

iv)        install privacy fencing and enhanced landscaping to screen the parking lot from the adjacent residential dwellings;

v)         ensure exterior lighting provided for the Wellness Centre is directed to minimize the impact on abutting residential dwellings;

vi)        replace a portion of the existing surfaced front yard parking area at 4402 Colonel Talbot Road with landscaped open space to create a better separation between vehicular and pedestrian areas;

 

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor P. Hubert to Approve clause  7.

 

7.

Application by F. and P. Van Oss re property located at 348 Sunningdale Road East - Request for Demolition

 

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Manager of Urban Regeneration, the following actions be taken with respect to the request for the demolition of the residence located at 348 Sunningdale Road East:

 

a)         the Chief Building Official BE ADVISED that the Municipal Council does not intend to issue a notice of its intent to designate the above-noted property under Section 29 of the Ontario Heritage Act; and,

 

b)       the Civic Administration BE DIRECTED to photo document the existing   residence prior to any demolition;

 

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Hubert, V. Ridley, S. Turner, T. Park, J. Zaifman (10)

 

NAYS: M. Cassidy, J. Morgan, A. Hopkins, H.L. Usher (4)

 

 

 

16th Report of the Planning and Environment Committee

                        Councillor P. 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 interest were disclosed.

 

2.

The London Plan – Second Draft – June 2015

 

That, on the recommendation of the Managing Director, Planning & City Planner, the following actions be taken with respect to the second draft of The London Plan (June 2015):

 

a)         the second draft of The London Plan-the Official Plan, dated June 2015, for the City of London BE RECEIVED and circulated for public review and comment;

 

b)         a Public Participation Meeting BE SCHEDULED before the end of 2015 to adopt The London Plan as the Official Plan for the City of London, pending the timing of the Province’s passing of the Smart Growth for Our Communities Act, 2015 (Bill 73); and,

 

c)         the Civic Administration BE DIRECTED to report back to the Planning and Environment Committee, prior to the consideration of future revisions of the London Plan, with respect to the potential impact of revised intensification targets on the policies contained within the London Plan, including information and a breakdown of the proposed housing mix of such intensification and the location(s) of the intensification;

 

it being pointed out that at the public participation meeting associated with this matter held on June 22, 2015 and June 24, 2015, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   

 

it being further pointed out that the Planning and Environment Committee received the following communications:

 

a)

B. Singh Dhinsa

 

b)

M. Wells, WBC Holding Limited

 

c)

A. Caveney)

 

d)

G. Smith, Friends of Meadowlily Woods Community Association

 

e)

S. Levin, Environmental and Ecological Planning Advisory Committee - London Plan Working Group

 

f)

C. Agocs

 

g)

D. Wake

                       

h)

B. Maddeford

                       

i)

L. Kirkness, London Area Planning Consultants

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

17th Report of the Planning and Environment Committee

                        Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 3, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interest were disclosed.

 

 

2.

London Psychiatric Hospital Lands and South West Area Secondary Plan

 

That, on the recommendation of the Managing Director, Planning & City Planner, the proposed amendments to the London Psychiatric Hospital Secondary Plan and the Southwest Area Secondary Plan to be consistent with the new Official Plan for the City of London (The London Plan), appended to the staff report dated June 24, 2015 as Appendix ‘A’ and Appendix ‘B’ BE CIRCULATED for review and comment, and that a public participation meeting of the Planning and Environment Committee to consider the adoption of the Secondary Plans BE SCHEDULED for a future date.

 

3.

Application by York Developments (London) Inc. re property located at 3 Mark Street and 1192 Highbury Avenue North

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of York Developments (London) Inc. relating to the property located at 3 Mark Street (situated between 7 Mark Street and 1192 Highbury Avenue North):

 

a)         the proposed by-law appended to the staff report dated June 25, 2015 as Appendix "A" BE INTRODUCED at the Municipal Council meeting on June 25, 2015 to amend the Official Plan to  change the designation of the subject lands FROM Low Density Residential TO Auto Oriented Commercial Corridor; and

 

b)         the proposed by-law appended to the staff report dated June 25, 2015 as Appendix "B" BE INTRODUCED at the Municipal Council meeting on June 25, 2015 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 Residential R1 (R1-8) Zone TO a Restricted Service Commercial Special Provision (RSC1(_)/RSC4( _)) Zone;

 

it being noted the Planning and Environment Committee received a communication dated June 22, 2015, from R. Knutson with respect to this matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

7th Report of the Community and Protective Services Committee

                        Councillor J. Morgan presents.

 

Motion made by Councillor J. Morgan to Approve clauses 1 to 8, excluding clauses 2 and 5.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

3.

Purchase of Service Agreement with Investing in Children

 

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the proposed by-law appended to the staff report dated June 16, 2015 as Schedule “A”, BE INTRODUCED at the Municipal Council meeting of June 25, 2015 to:

 

a)         approve a Purchase of Service Agreement (Appendix A) between The Corporation of the City of London and Investing in Children lnc., 205 Oxford St. E., Suite 206 London, ON, N6A 5G6 for Project Management, Coordination and Development Services for the implementation of strategies developed by the implementation/working groups of the Child and Youth Network for a period of twelve months with an option to renew for a maximum of two one-year terms;

b)         delegate to the Managing Director of Neighbourhood, Children and Fire Services the authority to authorize and approve such further and other documents that may be required in furtherance of the Agreement, and that do not require additional funding or are provided for in the City's current budget, and that do not increase the indebtedness of The Corporation of the City of London; and,

 

c)         delegate to the Managing Director of Neighbourhood, Children and Fire Services the authority to execute the Agreement in a) above.

 

4.

Information Request - Ontario Fire Marshall

 

That on the recommendation of the Fire Chief, with the concurrence of the Managing Director of Neighbourhood, Children and Fire Services, the staff report dated June 16, 2015, with respect to the information request from the Ontario Fire Marshal, BE RECEIVED.

 

6.

Construction Manager/General Contractor for the Southwest Community Centre, YMCA and Library - RFP No. 15-28

 

That, on the recommendation of the Managing Director, Parks & Recreation and the Managing Director, Neighbourhood, Children and Fire Services the following actions be taken with respect to the Proposal for a Construction Manager/General Contractor for the Southwest Community Centre, YMCA and Library (RFP No. 15-28):

 

a)         the proposal submitted by Aquicon Construction Co. Ltd., 131 Delta Park Blvd., Brampton, Ontario, L6T 5M8 in the amount of $1,339,500.00 excluding HST for Construction Manager/General Contractor (CM/GC) Services for the construction of the Southwest Community Centre, YMCA and Library BE ACCEPTED; it being noted that this project will have a two-phase award process to Aquicon Construction Co. Ltd., with Phase 1 being the award of the CM/GC Services Agreement and Phase 2 being the future award of the construction contract to Aquicon Construction Co. Ltd., for the construction of the Southwest Community Centre, YMCA and Library, subject to successful completion of Phase 1;

 

b)         the financing for Construction Manager/General Contractor Services portion of this project BE APPROVED as set out in the Sources of Financing Report appended as Appendix “A” to the staff report dated June 16, 2015; and

 

c)         the attached proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2015 to:

 

i)          approve the Agreement between The Corporation of the City of London and Aquicon Construction Co. Ltd. for the provision of Construction Manager/General Contractor Services for the construction of the Southwest Community Centre at an upset limit of $1,339,500.00, excluding HST; and

 

ii)         authorize the Mayor and the City Clerk to execute the Agreement forming Schedule “A” to the by-law appended hereto as Appendix “B”.

 

7.

D. Abdi, African Community Council - Request for Delegation Status, Re: Immigrants and the Labour Market, A London Perspective

 

That the delegation from Mr. D. Abdi, African Community Council, with respect to his continued concern about the lack of support for the African Community Council’s funding requests, BE RECEIVED; it being noted that the Managing Director, Housing, Social Services and Dearness Home will be reporting back on an action plan for barriers facing immigrants in the labour market and will consider Mr. Abdi's and the Council Members’ comments in her report back on this matter.

 

8.

Deferred Matters List

 

That the Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor J. Morgan to Approve clause 2.

 

2.

Interpretation Services and Written Translation Services RFP

 

 

That, on the recommendation of the Managing Director Housing, Social Services and Dearness Home, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the acquisition of interpretation and written translation services:

 

a)         the submission from Across Languages, 129 and 131 Wellington Street, London, ON N6B 2K7, for implementing interpretation and written translation services for the City of London BE ACCEPTED; it being noted that the Civic Administration has estimated the total annual cost to be $150,000.00 (excluding HST);

 

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

 

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

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (13)

 

RECUSED: P. Hubert (1)

 

 

Motion made by Councillor J. Morgan to Approve clause 5.

 

5.

London Heritage Council Agreement Renewal

 

That, on the recommendation of the Director, Community and Economic Innovation, the attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2015 to:

           

a)         approve an Agreement with the London Heritage Council (LHC) to provide services including the administration of City funding for the Community Heritage Investment Program (CHIP) and other specified heritage services as set out in this Agreement for the implementation of London’s Cultural Prosperity Plan; and,

           

b)         authorize the Mayor and the City Clerk to sign the Agreement for 2015 to 2019, attached as Schedule “A” to the above-noted by-law.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

4th Report of the Audit Committee

                        Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clause 1 to 3, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

2014 Financial Audit

 

That the following actions be taken with respect to the 2014 Financial Audit and Audit Findings Report 2014, as prepared by KPMG:

 

a)         the 2014 Financial Report of The Corporation of the City of London BE RECEIVED; and

 

b)         the Audit Findings Report for the year ending December 31, 2014 BE RECEIVED;

 

it being noted that the Audit Committee received the attached presentation from the Director, Financial Services and a verbal presentation from KPMG with respect to these matters and the attached, revised presentation pages.

 

3.

Quarterly Report on Internal Audit Results

 

That the Risk Assessment and 2015 Performance-Based Audit Plan identified in the PricewaterhouseCoopers’ (PwC) report dated June 23, 2015, BE APPROVED; it being noted that the Audit Plan includes the additional project of “Housing, Social Services & Dearness Home: Long-term care – Governance, oversight and structure review”.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

 

18th Report of the Committee of the Whole

                        Councillor J. Morgan presents.

 

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

 

ABSENT:  Councillor P. Squire.

 

ALSO PRESENT:  A. Zuidema, J.P. Barber, J. Braam, B. Coxhead, S. Datars Bere, C. Dziedzic, J.M  Fleming, P. Foto, A. Hagan, N. Hall, M. Hayward, G. Kotsifas, L. Livingstone, V. McAlea Major, D. O’Brien,  L. Palarchio, L.M. Rowe M. Tomazincic and B. Warner.

 

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

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager, Realty Services, the following actions be taken with respect to the acquisition of the properties located at 1577 and 1687 Wilton Grove Road:

 

a)         the offer submitted by Charles William Baker and Karen Louise Baker (the “Vendor”) to sell to the City land municipally known as 1577 Wilton Grove Road (Property 1), located on the south side of Wilton Grove Road, east of Highbury Avenue South, further described as Part Lots 8 & 9, Concession 3, shown as Part 1 on Reference Plan 33R-15000, save and except Parts 1, 2 & 3 on Reference Plan 33R-15630, being PIN No. 08200-0079, containing an area of approximately 101 acres, for the purpose of the development of a future industrial facility, for the sum of $3,450,000, BE ACCEPTED subject to the following conditions:

 

i)          the City having 90 days from the date of acceptance to carry out geotechnical, soil and environmental tests, satisfactory to the City;

 

ii)         the City having 90 days from the date of acceptance to carry out archaeological tests, satisfactory to the City;

 

iii)         the Vendor having the option to enter into a Residential Tenancy Agreement for a maximum of three months;

             

b)         the offer submitted by Charles William Baker and Karen Louise Baker (the “Vendor”) to sell to the City land municipally known as 1687 Wilton Grove Road (Property 2),  located on the south side of Wilton Grove Road, east of Highbury Avenue South, further described as Part Lot 8, Concession 3, shown as Part 5 on Reference Plan 33R-15000, save and except Parts 4, 5 & 6 on Reference Plan 33R-15630, being PIN No. 08200-0081, containing an area of approximately 16.42 acres, for the purpose of the development of a future industrial facility, for the sum of $700,000, BE ACCEPTED subject to the following conditions:

 

i)          the City having 90 days from the date of acceptance to carry out geotechnical, soil and environmental tests, satisfactory to the City;

 

ii)         the City having 90 days from the date of acceptance to carry out archaeological tests, satisfactory to the City;

 

c)         the financing for the acquisitions BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A”.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

Motion made by Councillor M. Cassidy and seconded by Councillor J. Morgan to Approve that pursuant to section 17 of the Council Procedure By-law, leave be given for discussion and debate and the making of a substantive motion to provide for an additional in camera reason to receive an update with respect to a labour relations matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor V. Ridley and seconded by Councillor J. Zaifman to Approve that pursuant to section 17 of the Council Procedure By-law, leave be given for discussion and debate and the making of a substantive motion related to an update with respect to the Truth and Reconciliation Report. 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor V. Ridley and seconded by Councillor T. Park to Approve that the Civic Administration BE DIRECTED to investigate the recommendations contained within the Truth and Reconciliation Report that are directed specifically at municipalities and report back to the Strategic Priorities and Policy Committee with respect to this matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

XII

EMERGENT MOTIONS

 

Motion made by Councillor V. Ridley and seconded by Councillor M. Cassidy to Approve that pursuant to section 19.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion regarding the Weeping Tile Disconnect Program.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor V. Ridley and seconded by Councillor J. Helmer to Approve that the Civic Administration BE DIRECTED to report back to the August 24, 2015 Civic Works Committee with respect to implementing an enhanced Weeping Tile Disconnect Program; it being noted that within the last nine months, a number of neighbourhoods, including the Westmount neighbourhood, have experienced repeated property damage as a result of sanitary and storm water backup.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

Motion made by Councillor H.L Usher and seconded by Councillor J. Morgan to Approve that Council recess until 7:15 PM.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

At 6:14 PM Councillor P. Hubert leaves the meeting.

 

The Council recesses at 6:14 PM and reconvenes at 7:14 PM with Mayor M. Brown in the Chair and all Members present except Councillors P. Squire, P. Hubert and H.L. Usher.

 

V

COMMITTEE OF THE WHOLE, IN CAMERA (continued)

 

Motion made by Councillor M. Cassidy and seconded by Councillor J. Morgan to Approve that the Municipal Council rise and go into Committee of the Whole, in camera, to consider a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations or unions including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and the security of the property of the municipality, including communications necessary for that purpose.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, V. Ridley, S. Turner, T. Park, J. Zaifman (12)

 

The Council rises and goes into Committee of the Whole, in camera, at 7:15 PM, with Mayor M. Brown in the Chair and all Members present except Councillors P. Squire, P. Hubert and H.L. Usher.

 

At 7:17 PM Councillor H.L. Usher enters the meeting.

 

At 10:26 PM Councillor V. Ridley leaves the meeting.

 

The Committee of the Whole rises at 10:25 PM, and Council reconvenes at 10:27 PM, with Mayor M. Brown in the Chair and all Members present except Councillors P. Squire, P. Hubert and V. Ridley.

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor S. Turner and seconded by Councillor J. Helmer to Approve Introduction and First Reading of Bill No.s 246, 247 and 249 to 264, inclusive.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Second Reading of Bill No.s 246, 247 and 249  to 264, inclusive.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

Motion made by Councillor S. Turner and seconded by Councillor B. Armstrong to Approve Third Reading and Enactment of Bill No.s 246, 247 and 249  to 264, inclusive.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No.  248. 

 

 

 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (10)

 

NAYS: M. Salih, J. Helmer (2)

 

Motion made by Councillor S. Turner and seconded by Councillor J. Morgan to Approve Second Reading of Bill No. 248.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (10)

 

NAYS: M. Salih, J. Helmer (2)

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No. 248.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (10)

 

NAYS: M. Salih, J. Helmer (2)

 

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

 

 

Bill No. 246 By-law No. A.-7278-197

 

A by-law to confirm the proceedings of the Council Meeting held on the 25th day of June, 2015. (City Clerk)

Bill No. 247 By-law No. A.-7279-198

 

A By-law to authorize and approve a Purchase of Service Agreement between The Corporation of the City of London and lnvesting in Children lnc"; and to authorize the Director, Neighbourhood & Children's Services to execute the agreement. (3/7/CPSC)

Bill No. 248 By-law No. A.-7280-199

 

A By-law to approve the Purchase of Service Agreement between London Heritage Council and the Corporation of the City of London; and to authorize the Mayor and City Clerk to execute the agreement.  (5/7/CPSC)

Bill No. 249 By-law No. A.-7281-200

 

A by-law to approve an Agreement between The Corporation of the City of London and Aquicon Construction Co. Ltd. for Construction Manager/General Contractor (CM/GC) Services for the construction of the Southwest Community Centre, YMCA and Library and to authorize the Mayor and the City Clerk to execute the Agreement. 6/7/CPSC

Bill No. 250 By-law No. A.-6724(a)-201

 

A by-law to amend By-law No. A.-6724-281, entitled “A By-law to ratify, confirm and approve various agreements between Hewlett-Packard Financial Services Canada Company (HPFS) and The Corporation of the City of London for the leasing of computer equipment; and to authorize the Mayor and City Clerk to execute the agreements.” (2/16/CSC)

Bill No. 251 By-law No. A.-7282-202

 

A by-law to approve a Services Agreement with Ameresco Canada Inc. for the Phase 5 - 2015 Facility Renewal and Energy Retrofit Program and to authorize the Mayor and the City Clerk to execute the Agreement. (3/16/CSC)

Bill No. 252 By-law No. A.-7283-203

 

A By-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and 1724830 ONTARIO INC o/a FLANDSCAPE, for the acquisition of 2532 Main Street and to authorize the Mayor and City Clerk to execute the Agreement. (4/16/CSC)

Bill No. 253 By-law No. A.-7284-204

 

A By-law to approve the Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the purpose of securing a loan and grant from the Green Municipal Fund in support of the 2013 Facility Renewal and Energy Retrofit Program Phase IV project at the Canada Games Aquatic Centre; and to authorize the Mayor and City Clerk to act on behalf the City of London and execute the Agreement. (5/16/CSC)

Bill No. 254 By-law No. C.P.-1284(rs)-205

 

A by-law to amend the Official Plan for the City of London, 1989 relating to 1192 Highbury Avenue North. (8/15/PEC)

Bill No. 255 By-law No. S.-5739-206

 

A by-law to permit Elizabeth Prior Camp to maintain and use a boulevard parking area upon the road allowance for part of the untravelled portion of the highway adjacent to 168 Tecumseh Avenue East, City of London. (City Clerk)

Bill No. 256 By-law No. Z.-1-152406

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 4366 & 4402 Colonel Talbot Road. (5/15/PEC)

Bill No. 257 By-law No. Z.-1-152407

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 120 Weston Street. (6/15/PEC)

Bill No. 258 By-law No. Z.-1-152408

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1192 Highbury Avenue North. (8/15/PEC)

Bill No. 260 By-law No. A.-5273(da)-208

 

A by-law to amend By-law No. A.-5273-82 entitled, “a By-law to appoint Municipal Law Enforcement Officers for the City of London.” (City Engineer)

Bill No. 261 By-law No. L.P.S. -3448-209

 

A by-law to expropriate lands in the City of London, in the County of Middlesex, for the Fanshawe Park Road Widening and Improvements Project – Phase II, between Adelaide Street North and McLean Drive. (City Engineer)

Bill No. 262 By-law No. C.P.-1248(rt)-210

 

A by-law to amend the Official Plan for the City of London, 1989 relating to 3 Mark Street (situated between 7 Mark Street and 1192 Highboury Avenue North). (3/17/PEC)

Bill No. 263 By-law No. Z.-1-152409

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 3 Mark Street (situated between 7 Mark Street and 1192 Highbury Avenue North). (3/17/PEC)

Bill No. 264 By-law No. A.-7285-211

 

A by-law to authorize Agreements of Purchase and Sale between The Corporation of the City of London and Charles William Baker and Karen Louise Baker, for the acquisition of the properties located at 1577 and 1687 Wilton Grove Road and to authorize the Mayor and the City Clerk to execute the Agreements.

 

XIV

ADJOURNMENT

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Zaifman to Adjourn.

 

Motion Passed

 

The meeting adjourned at 10:34 PM.

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

 

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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