Council

MINUTES

20TH MEETING

November 21, 2011

The Council meets in Regular Session in the Council Chambers this day at 5:02 p.m.

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

ALSO PRESENT: J.A. Fielding, R.L. Fair, M. Hayward, P. McNally, D. Ailles, J.P. Barber, J. Braam, J. Fleming, E. Gamble, C. Hill,  T. A Johnson, V. McAlea Major, D. O’Brien, L. Palarchio, L.M. Rowe, M Turner, B. Warner, B. Westlake-Power.

ABSENT: J.F. Fontana.

I

RECOGNITIONS

1.

Acting Mayor, B. Polhill presents a plaque for "London's Featured Company" to Don Wellington, President of Great Lakes Copper, Inc.

2.

Acting Mayor, B. Polhill presents a certificate for “London’s Featured Community Organization” to Martha Powell, CEO, Roxanne McClenaghan, Manager of Communications, John Nicholson, Community Foundation Board Chair and Donna Bourne, Community Foundation Board Vice Chair representing the London Community Foundation.

II

DISCLOSURES OF PECUNIARY INTEREST

Councillor N. Branscombe discloses a pecuniary interest in clause 6 of the 28th Report of the Finance and Administration Committee, having to do with a request from London Machinery Inc. to extend its option on property in Skyway Industrial Park, by indicating that her husband owns and operates a business in the area. 

Councillor P. Hubert discloses a pecuniary interest in clause 4 of the 5th Report of the Services Review Committee, having to do with Ontario Works employment programs, by indicating that he is the Executive Director of a Social Services Agency with a contract for Ontario Works. 

Councillor D. Brown discloses a pecuniary interest in clause 11 of the 19th Report of the Community and Neighbourhoods Committee, having to do with the proposed Taxi/Limousine By-law, by indicating that her employer has a taxi business.  Councillor D. Brown further discloses a pecuniary interest in clause 8 of the 5th Report of the Services Review Committee, having to do with deferred business plans related to subsidized transit and the London Transit Commission (LTC), by indicating that her employer has a business relationship with the LTC.

CONFIRMATION AND SIGNING OF THE MINUTES OF THE NINETEENTH MEETING HELD ON NOVEMBER 7, 2011

Motion made by Councillor S. Orser and seconded by Councillor P. Van Meerbergen to Approve the Minutes of the Nineteenth Meeting held on November 7, 2011.

Motion Passed

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

IV

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

            None.

V

COMMUNICATIONS AND PETITIONS

1.

R. Andrew Biggart, Ritchie Ketcheson Hart & Biggart LLP - BFI Canada Inc. - 441 Industrial Road (Z-7945). (Referred to the Built and Natural Environment Committee Stage for Consideration with Clause 16 of the 27th Report of the Built and Natural Environment Committee.)

2.

D. Haggerty, The Palace Theater – Closed Circuit Television Surveillance Cameras Expansion (Referred to the Community and Neighbourhoods Committee stage for consideration with clause 1 of the 19th Report of the Community and Neighbourhoods Committee.)

3.

Director of Intergovernmental and Community Liaison – Status Report on Team London Trade Scoping Mission to China.

Motion made by Councillor D. Brown and seconded by Councillor S. White to Approve the information report, dated November 21, 2011 from the Director of Intergovernmental and Community Liaison with respect to the Team London trade scoping mission to China. 

Motion Passed

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

VI

MOTIONS OF WHICH NOTICE IS GIVEN

            None.

VII

ADDED REPORTS

            1.         28th Report of the Built and Natural Environment Committee

            2.         20th Report of the Community and Neighbourhoods Committee

Motion made by Councillor S.E. White and seconded by Councillor H.L. Usher that pursuant to section 7.3 of the Council Procedure By-law, the order to business BE CHANGED to permit the consideration of clause 9 of the 19th Report of the Community and Neighbourhoods Committee, related to consideration to ban shark fin products within the City of London, at 6:00 p.m.

Motion Passed

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

VIII

REPORTS

28th Report of the Finance and Administration Committee

Councillor J.P. Bryant presents

1.

Municipal Service Financing Agreements

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer:

(a)       the report and presentation from Watson and Associates Economists Ltd. BE RECEIVED for information;

(b)        recommendations (b)(ii) through (b)(v) BE APPROVED, but implementation BE             SUBJECT TO recommendation (b)(i), noting that a significant debt load is currently             being carried and projected to be carried by the City Services Reserve Funds (CSRF);

(i)         the following conditions to implement a Municipal Services Financing Agreement (MSFA) BE APPROVED:

(A)       the Development Charges By-law BE AMENDED, as necessary, to accommodate an MSFA, noting the next scheduled update is 2014;

(B)       the staff complement BE INCREASED by at least one additional staff resource to support the Director, Development Finance, to effectively assess and administer these agreements, as well as provide for other analyses related to Development Charges (DC), including those necessary for the next DC background study.

(ii)        the annual review of the Growth Management Implementation Strategy (GMIS) BE CONFIRMED as the development staging strategy to ensure the orderly progression of development and for construction of CSRF (growth) projects and, further, that a stronger link BE PROVIDED through the GMIS process between the projection of revenues (projected building activity), existing debt approvals and the determination of the works proposed in the ten year capital plan; 

(iii)       consideration BE GIVEN to the benefit of accelerating CSRF projects on an exception basis where the individual project provides economic opportunities for new business and jobs or where it may facilitate a community use facility;  in considering the merits of an application to accelerate a CSRF project, the evaluation process provided in section 4.2 of the Municipal Service and Financing Policy document dated November 7, 2011, from Watson & Associates Economists Ltd. BE ADOPTED IN PRINCIPLE and the Civic Administration BE INSTRUCTED to further develop and implement the principles and processes identified, with any adjustments that are deemed necessary for practical reasons.  In addition, an assessment of risk and financial implications of accelerating the timing of the project should be included in any analysis;

(iv)       the following forms of MSFA BE PROVIDED to facilitate recommendation (b)(iii), above (as outlined in Pages 3-1 and 3-2 of the Municipal Service and Financing Policy document dated November 7, 2011, from Watson & Associates Economists Ltd.): 

(A)       Accelerated Payment Agreement would facilitate construction of the CSRF project by the City with reimbursements provided by credits;

(B)       Service Emplacement Agreements would facilitate construction of the CSRF project by the landowner with reimbursement provided by credits, subject to the process set out in section 4.1 of the Municipal Service and Financing Policy document dated November 7, 2011, from Watson & Associates Economists Ltd.; or

(C)       Front-ending Agreements would facilitate construction of the CSRF project by the City with reimbursement provided by either a credit or repayment.  If a repayment is considered, then the repayment should occur no earlier than the cumulative growth amount anticipated in the GMIS forecast in force at the start of the agreement;

(D)       the non-growth share of projects undertaken with the MSFA be cash-flowed by the developers and repaid by the City no earlier than the cumulative growth amount anticipated on the original timeline in the Development Charge Study growth forecast in force at the start of the agreement; 

(v)        the total amount of all agreements entered into NOT EXCEED $5 million. The adequacy of this cap BE REVIEWED within five years.  Further, the Civic Administration BE AUTHORIZED to delay other competing projects to balance lot inventories and/or restrict debt levels;

(c)       the City Solicitor BE INSTRUCTED to develop appropriate forms of agreement to accommodate the recommendations in (b) above and BE DIRECTED to retain an independent legal review of the proposed forms of agreement;

(d)       the Civic Administration BE AUTHORIZED to engage consulting services necessary to develop the processes, tools and resources required implement the recommendations;

(e)       the Civic Administration BE DIRECTED to develop the debt cap for the CSRF based on the low point for DC revenue over the previous ten years and this cap BE APPLIED to the allowable debt authorized in the CSRF.  If this debt amount is exceeded, projects must be postponed until the debt levels come to acceptable and affordable levels;

(f)        the Civic Administration BE DIRECTED to develop an administrative charge to be charged to any developer requesting an MSFA to recoup in full or in part administrative costs associated with administering the agreements; and

(g)       the Civic Administration BE INSTRUCTED to explore the following other considerations as part of the next Development Charges Background Study:

(A)       Development Charges BE REVIEWED with a view to establishing a fee structure that encourages intensification and discourages “leap frog” development;

(B)       capital works BE REVIEWED as part of the next Development Charges Background Study to establish more works related to the development as local services (Section 59(2), Development Charges Act, 1997) rather than regional services;

(C)       further to recommendations to the Audit Committee from the internal auditor, the viability and future of the Urban Works Reserve Fund BE REVIEWED; and

(D)       the Development Charges By-law BE REVIEWED with a view to applying section 26(1) of the Development Charges Act, 1997 which allows for payment of development charges related to water, wastewater, storm water and roads upon entering a subdivision or consent agreement; noting that while this improves cash flow to the CSRF, considerable administrative burden and cost will be incurred to effectively monitor this change;

it being noted that the Finance and Administration Committee heard the attached presentation from G. Scandlan, Watson & Associates Economists Ltd. and received the attached communications from L. J. Townsend, Townsend and Associates; S. Levin and G. McGinn-McTeer, Urban League of London; and J. Kennedy, President, London Development Institute, with respect to this matter.  (2011-L03-00

The motion to adopt part (b)(i)(B) of clause 1 is put.

Motion Passed

YEAS: B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

NAYS: D.G. Henderson, P. Van Meerbergen (2)

The motion to adopt the remainder of clause 1 is put.

Motion Passed

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

2.

Amendment to By-law No. A-41 Council Procedure By-law - Appointment of Acting Mayor

Motion made by Councillor J.P. Bryant to Approve that, on the direction of the Municipal Council, the following actions be taken with respect to the process for the appointment of an Acting Mayor:

(a)       the attached revised proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting of November 21, 2011 to repeal and replace Council Policy 5(1) entitled “Process for the Appointment of an Acting Mayor”, so that all Ward Councillors may serve as Acting Mayor, on a rotating basis, based on ward order, noting that the rotation order would continue from one Council term to the next so as to maximize the opportunity for each ward to have its Ward Councillor serve as Acting Mayor; and

(b)       the attached proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting of November 21, 2011 to amend By-law No. A-41, being “A by-law to provide for the Rules of Order and Procedure for the Council of The Corporation of the City of London” to reflect the change in process for the appointment of an Acting Mayor, arising from (a), above;

it being pointed out that there were no submissions made at the public participation meeting held in connection with this matter.

Motion Passed

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

3.

Workplace Diversity Statement and Plan Update

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the City Manager and Chief Human Resources Officer:

(a)       the Civic Administration BE DIRECTED to amend the Terms of Reference for the Diversity Task Force to allow for participation by representatives from external organizations (i.e. organizations not affiliated with The Corporation of the City of London); and

(b)       representatives from the City of London’s agencies, boards and commissions BE ENCOURAGED to participate on the Diversity Task Force; and

it being noted that the Finance and Administration Committee heard the attached update from the Chief Human Resources Officer and P. Shanahan, Vice Chair, London Diversity & Race Relations Advisory Committee, with respect to the City of London’s Workplace Diversity Statement and Plan.

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Amend by adding a new part (c) as follows:

“(c)      the City of London Workplace Diversity Statement BE REFERRED to the Chief Human Resources Officer to review and report back with revised wording for the Statement and Plan, that provides emphasis with respect to “diversity”, “inclusiveness” “workforce” and “workplace”, keeping in mind the need to be concise and impactful in the Statement’s final wording.”

Motion Passed

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

NAYS: D.G. Henderson (1)

Motion made to Approve clause 3, as amended, is put.

Motion Passed

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

4.

Banking Services Agreement

Motion made Councillor J.P. Bryant to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the attached proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting of November 21, 2011 to:

(a)       approve the Banking Services Agreement and Commercial Card Agreement with The Bank of Nova Scotia, 420 Richmond Street, London, ON N6A 3C9, with respect to monthly banking services, cash management services and commercial card services;

(b)       authorize the Mayor and the City Clerk to execute the Agreements noted in (a), above; and

(c)       authorize the City Treasurer, Chief Financial Officer or designate undertake all the administrative acts that are necessary in connection with these Agreements, including, without limitation, to designate Commercial Card Co-ordinators under the Commercial Card Agreement.

Motion Passed

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

5.

Orchestra London 2010-2011 Financial Results

Motion made by Councillor J.P. Bryant to Approve that on the recommendation of the Deputy City Treasurer, the November 16, 2011 report regarding Orchestra London’s 2010-2011 financial results BE RECEIVED for information.

Motion Passed

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

RECUSED: J.B. Swan (1)

6.

Request from London Machinery Inc. to Extend its Option on Parts 15 to 19, Plan 33R-17397 - Skyway Industrial Park

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager Realty Services, the following actions be taken with respect to the request from London Machinery Inc. to extend its option on Parts 15 to 19, Plan 33R-17397 of Skyway Industrial Park:

(a)       the Civic Administration BE AUTHORIZED to extend London Machinery Inc.’s current option on approximately 29.5 acres of land located on the west side of Robin’s Hill Road, described as Parts 15 to 19, Plan 33R-17397, as outlined on the location map attached as Schedule “C”; and

(b)       the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011, to approve this request and to authorize the Mayor and the City Clerk to execute the amended Option Agreement.

Motion Passed

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

RECUSED: N. Branscombe (1)

7.

Declare Property Surplus and Sale of Part of Barton Street Road Allowance

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager Realty Services, with respect to the City-owned Barton Street road allowance north of Central Avenue, described as Parts 1, 2 and 3, Reference Plan 33R-18052, containing an area of approximately 587 square meters, as shown on Schedule “A” attached, the Civic Administration BE AUTHORIZED to take the following actions:

(a)       declare the subject property surplus;

(b)       accept the offer from Denis Campeau, John Demarco and Anne Kirby, abutting property owners of 90 Central Avenue, to purchase the subject lands from the City, for the sum of $3,900.00, subject to the following conditions:

(i)         Parts 2 and 3, Reference Plan 33R-18052 subject to easements in favour of City of London, Union Gas and London Hydro; and

(ii)        the completion of the offer to purchase from the City, Part 1, Reference Plan 33R-18052 by the abutting property owner of 639 Talbot Street;

(c)       accept the offer from Panman Enterprises Corporation, the adjacent property owner of 639 Talbot Street, to purchase from the City, Part 1, Reference Plan 33R-18052, for the sum of $3,900.00, subject to the following conditions:

(i)         Part 1, Reference 33R-18052 subject to an easement in favour of the City; and

(ii)        the completion of the offer from Denis Campeau, John Demarco and Anne Kirby, abutting property owners of 90 Central Avenue, purchasing from the City Parts 2 and 3, Reference Plan 33R-18052; and,

(d)       the attached proposed by-laws BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011 to approve the sale and to authorize the Mayor and the City Clerk to execute the Agreements of Purchase and Sale.

Motion Passed

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

8.

Declare Land Surplus and Sale to Union Gas Limited

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager Realty Services, with respect to the City-owned land located on the north side of Bradley Avenue east of Veteran’s Memorial Parkway, described as Blocks 1 and 15, Plan 33M-609 (Parts 1, 2 and 3, Plan 33R-18108), containing an area of approximately 698 square feet, as shown on Schedule “A” attached, the Civic Administration BE AUTHORIZED to take the following actions:

(a)        declare the subject property surplus;

(b)       accept the offer submitted by Union Gas Limited to purchase the subject property from the City, for the sum of $1,000.00; and

(c)       the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011 to approve this sale and to authorize the Mayor and the City Clerk to execute the Agreement of Purchase and Sale.

Motion Passed

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

9.

SensoDetect Aktiebolag Memorandum of Agreement

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the Director of Intergovernmental and Community Liaison, the Mayor BE AUTHORIZED to sign the attached Memorandum of Understanding (MOU) with SensoDetect Aktiebolag.

Motion Passed

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

10.

Canada Ukraine Municipal Local Economic Development Program - Mission to Ukraine

Motion made by Councillor J.P. Bryant to Approve that, on the recommendation of the Director of Intergovernmental and Community Liaison, the November 16, 2011 report on the City of London’s participation in the Ukraine Municipal Local Economic Development Program BE RECEIVED.

Motion Passed

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

11.

Team London Trade Scoping Mission to China

Motion made by Councillor J.P. Bryant to Approve that the Director of Intergovernmental and Community Liaison BE DIRECTED to submit a report to the November 21, 2011 meeting of the Municipal Council, providing additional details as to which individuals from The Corporation of the City of London will be going on the Team London Trade Scoping Mission to China, what the duration of their Mission will be, anticipated costs and the source of financing for those costs; it being noted that the Finance and Administration Committee received an information report from the Director of Intergovernmental and Community Liaison with respect to the Trade Scoping Mission.

Motion Passed

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

12.

Revision to Code of Conduct for Members of Municipal Council

Motion made by Councillor J.P. Bryant to Approve that, the proposed by-law to amend Council Policy 5(30) – Code of Conduct for Members of Municipal Council, by referencing the Procurement of Goods and Services Policy – Interference in the Procurement Process BE REFERRED back to staff for inclusion of further clarification as to the ramifications of non-compliance.

Motion Passed

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

13.

Annual Business Achievement Awards Sponsorship

Motion made by Councillor J.P. Bryant to Approve that the City Manager BE AUTHORIZED to enter into an Event Sponsorship Agreement with the London Chamber of Commerce for a “Silver Sponsorship” of the 2012 Business Achievement Award Program; it being noted that the associated cost of $6000 is to be accommodated within the approved Operating Budget.

Motion Passed

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

14.

Middlesex 4-H Association - Donation Request

Motion made by Councillor J.P. Bryant to Approve that the communication dated October 5, 2011, from E. McComb, Middlesex 4-H President, BE NOTED AND FILED.

Motion Passed

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

15.

Municipal Services Financing Agreements

Motion made by Councillor J.P. Bryant to receive clause 15.

Clause 15 reads as follows:

The Finance and Administration Committee reviewed and noted correspondence from L. J. Townsend, Townsend and Associates; and S. Levin and G. McGinn- McTeer, Urban League of London Submissions re Municipal Services Financing Agreements

Motion Passed

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

16.

Naming of London’s Newest Baseball Team

Motion made by Councillor J.P. Bryant to Approve that the following message BE RELAYED today, to the team owner of London’s newest baseball team, and that the owner be given an opportunity to respond to these community concerns:

“London City Council wishes to express serious concerns about the name of London’s newest baseball team.  While it accepts that the team owner’s intention may not have been to draw a connection to “Jack the Ripper”, it believes the name is not appropriate for our community, particularly in light of our focus on ending woman abuse.”

Motion made by Councillor J.B. Swan and seconded by Councillor P. Hubert to Refer consideration of clause 16 to after closed session, in order to receive legal advice.

Motion Passed

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

NAYS: D.G. Henderson (1)

17.

Funding of Future Industrial Land Acquisitions

Motion made by Councillor J.P. Bryant to Approve that $4.7 million BE APPROVED for funding future industrial land acquisitions, with the source of financing to be as follows:

2011 Capital Levy                   $1,100,000*

Debt                                        $2,900,000

Industrial Land Reserve          $   700,000

                                                $4,700,000

*           The 2011 Capital Levy account within the Corporate Operating Budget will be utilized for this unanticipated capital project expenditure; it being noted that the 2nd Quarter Corporate Operating Planning Savings (surplus) projection will be reduced from $3.8 million to $0.6 million (after a previous commitment of $2.1 million).  If the 2011 Corporate Budget cannot absorb this expenditure, a drawdown from the Operating Budget Contingency Reserve will be required.

Motion Passed

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

Motion made by Councillor J.L. Baechler and seconded by Councillor J.P. Bryant to Approve that in the event a Member of Council is involved in international travel representing the Municipal Council, the appropriate Standing Committee BE ADVISED of the nature of the trip and the source of financing for same, so that the Municipal Council can provide its support for the initiative.  

Motion Passed

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

19th Report of the Community and Neighbourhoods Committee

Councillor Usher presents

9.

Consideration to Ban Shark Fin Products within the City of London

Motion made by Councillor H.L. Usher to Approve that the attached communication, dated November 4, 2011, from Councillor S. White, with respect to a request to ban shark fin products within the City of London, BE REFERRED to the Civic Administration to correspond with the appropriate Ministry to receive further information on the possession, sale, trade or distribution of shark fin products, with a report back to the appropriate Standing Committee; it being noted that the Community and Neighbourhoods Committee heard verbal delegations from Councillor S. White and J. Larivee, 22 Bow Street, with respect to this matter.  (2011-P04-00)

Motion Failed

YEAS: H.L. Usher (1)

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

Motion made by Councillor S.E. White and seconded by Councillor D. Brown to Approve that the Civic Administration BE DIRECTED to take the necessary steps to implement a ban on shark fin products within the City of London and that the appropriate Federal and Provincial Ministers, the Association of Municipalities of Ontario and the Federation of Canadian Municipalities BE ADVISED of the City of London’s position with respect to this matter.

Motion Passed

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

Motion made by Councillor S. Orser and seconded by Councillor H.L. Usher that pursuant to section 7.3 of the Council Procedure By-law, the order to business BE CHANGED to permit the consideration of clause 1 of the 19th Report of the Community and Neighbourhoods Committee, related to closed circuit television surveillance cameras installation in the Old East Village, at this time

Motion Passed

1.

Closed Circuit Television Surveillance Cameras Expansion

Motion made by Councillor Usher to Approve that the following actions be taken with respect to the installation of closed circuit television surveillance cameras in the Old East Village area:

(a)       the Civic Administration BE DIRECTED to identify a Source of Financing for the installation of a wireless surveillance system at the intersections of Dundas Street and Rectory Street, Dundas Street and English Street, Dundas Street and Elizabeth Street and Dundas Street and Adelaide Street; and,

(b)       subject to the availability of the Source of Financing, in (a) above, the Civic Administration BE DIRECTED to proceed with the installation of the  wireless surveillance system noted in (a), above;

it being noted that the Community and Neighbourhoods Committee reviewed and received an information report, dated November 15, 2011, from the City Manager, with respect to this matter.

Motion made by Councillor N. Branscombe and seconded by Councillor M. Brown to Amend clause 1 to read as follows:

That the following actions be taken with respect to the installation of closed circuit television surveillance cameras in the Old East Village area:

(a)     the installation of a wireless surveillance system at the intersections of Dundas and Rectory Streets, Dundas and English Streets, Dundas and Elizabeth Streets, and Dundas and Adelaide Streets BE REFERRED to the Services Review Committee to consider the proposed new project as part of the 2012 Budget process; and,

(b)     the Civic Administration BE REQUESTED to report back with a suggested approach for dealing with the various social issues affecting the Old East Village Area.

Motion Passed

YEAS: J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, H.L. Usher, J.P. Bryant (8)

NAYS: B. Polhill, W.J. Armstrong, S. Orser, D.G. Henderson, D. Brown, S.E. White (6)

Motion made by Councillor H.L. Usher and seconded by Councillor S.E. White that pursuant to section 7.3 of the Council Procedure By-law, the order to business BE CHANGED to permit the consideration of clause 11 of the 19th Report of the Community and Neighbourhoods Committee, related to the Taxi/Limousine By-law, at this time.

Motion Passed

11.

Taxi/Limousine By-law

Motion made by Councillor H.L. Usher to Approve that pursuant to section 13 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting held on October 24, 2011, in having adopted clause 3(b) of the 17th Report of the Community and Neighbourhoods Committee, with respect to removing part 3.1(w) of Schedule B of the proposed Taxi/Limousine By-law and to continue the practice of hailing, BE RECONSIDERED. 

Motion Failed

YEAS: B. Polhill, W.J. Armstrong, M. Brown, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (8)

NAYS: J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert (5)

RECUSED: D. Brown (1)

Motion made by Councillor H.L. Usher to Approve that items #2 to #8, as contained in the communication dated November 10, 2011, from R. Amini, President, London Taxi Association BE REFERRED to the Public Participation Meeting to be held on November 29, 2011 with respect to the Taxi/Limousine By-law;

it being noted that the Community and Neighbourhoods Committee received a communication dated November 7, 2011, from H. Savehilaghi, President, Yellow London Taxi Inc., a communication dated November 4, 2011, from J. R. Donnelly, Vice-President and Chief Operating Officer, Aboutown, a communication dated November 10, 2011, from G. L. Parkins, President, U-Need-A-Cab, and item #1 from the communication dated November 10, 2011, from R. Amini, President, London Taxi Association, with respect to proposed changes to the Taxi/Limousine By-law.  (2011-P10-02)

Motion Passed

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

NAYS: S. Orser (1)

RECUSED: D. Brown (1)

27th Report of the Built and Natural Environment Committee

Councillor J.B. Swan presents

1.

Reflective Marking Material – Single Source

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Executive Director, Planning, Environmental & Engineering Services, the Civic Administration BE DIRECTED to undertake the following actions with respect to the purchase of reflective marking material:

(a)       the Civic Administration BE AUTHORIZED to enter into negotiations for the purchase of reflective marking material with 3M Canada Company, P.O. Box 5757, London, ON  N6A 4T1;

(b)       the purchase, BE CONDITIONAL upon the Corporation negotiating satisfactory prices, terms and conditions with 3M Canada Company to the satisfaction of the Acting Director of Roads and Transportation; and,

(c)       subject to the successful negotiations of satisfactory prices, the Civic Administration BE AUTHORIZED to undertake all the necessary administrative acts in connection with this matter, including the execution of an agreement, a formal contract or having a purchase order relating to the subject matter of this approval.

Motion Passed

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

2.

Cedar Hollow Development Limited – 1671 and 1755 Fanshawe Park Road East (H-7928)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Development Planning and the Managing Director of Development Approvals, based on an application by Cedar Hollow Development Limited relating to the property located at 1671 & 1755 Fanshawe Park Road East, the revised attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding  Residential R5/ Residential R6/Residential R7 (h*R5-3/R6-5/R7*H12*50) Zone, a Holding Residential R5/Residential R6/Residential R7 (h*h-11*h-54*R5-3/R6-5/R7 *H12*50) Zone, a Holding Residential R1 (h*R1-13) Zone, and a Holding Residential R1 (h*R1-3) Zone by removing the “h”, “h-11”, and the “h-54” holding provisions.

Motion Passed

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

3.

Engineering Claims on CSRF Funded SWM Works – Procedure for Reimbursement of Pre-Approved Owner Costs

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director, Development Finance, the following actions be taken with respect to the proposed implementation of procedures relating to the financing of the construction of Storm Water Management facilities:

(a)       procedures for the reimbursement of costs related to the construction of SWM ponds BE CIRCULATED for stakeholder comment; and,

(b)       that consideration of finalized procedures BE REFERRED to the Civic Administration to report back at a future meeting of the Civic Works Committee upon receipt of the stakeholder comments noted in (a) above.  

Motion Passed

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

4.

Hesham Abdelsayed – 1472 Huron Street (Z-7887)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board, dated September 30, 2011, and submitted by Fred Tranquilli (on behalf of Hesham Abdelsayed), relating to an application for an amendment to the Zoning By-law No. Z.-1 which was refused by Municipal Council concerning 1472 Huron Street, the following actions be taken:

(a)       the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it;

(b)       the City Solicitor and Director of Land Use Planning and City Planner BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support Municipal Council’s decision; and,

(c)       the Ontario Municipal Board BE ASKED to postpone the hearing to allow for public consultation with respect to the Official Plan and Zoning By-law as it relates to the Interim Control By-law and to allow for the expiry of the Interim Control By-law.

Motion made by Councillor J.B. Swan and seconded by Councillor J.L. Baechler to Amend part (b) by removing the words “and Director of Land Use Planning and City Planner” and the words “and planning representation”.

Motion Passed

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

The motion to adopt clause 4, as amended, is put.

Motion Passed

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

Clause 4, as amended, reads as follows:

that, on the recommendation of the Director of Land Use Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board, dated September 30, 2011, and submitted by Fred Tranquilli (on behalf of Hesham Abdelsayed), relating to an application for an amendment to the Zoning By-law No. Z.-1 which was refused by Municipal Council concerning 1472 Huron Street, the following actions be taken:

(a)       the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it;

(b)       the City Solicitor BE DIRECTED to provide legal at the Ontario Municipal Board Hearing to support Municipal Council’s decision; and,

(c)       the Ontario Municipal Board BE ASKED to postpone the hearing to allow for public consultation with respect to the Official Plan and Zoning By-law as it relates to the Interim Control By-law and to allow for the expiry of the Interim Control By-law.

5.

Closure of Southern 170 meters of Crestwood Drive

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the Chief Surveyor BE DIRECTED to initiate the process of legally closing the southern 107 meters of Crestwood Drive and the 0.305 metre reserve in accordance with the City's Street and Lane closing procedures.

Motion Passed

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

6.

Thames Valley Parkway Boardwalk Construction – Tender 11-97

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to the Thames Valley Boardwalk Construction (Tender 11-97):

(a)       the tender submitted by Royal Fence Ltd., P.O. Box 121, 2309 Westchester Bourne, Dorchester, Ontario N0L 1G0, in the amount of $127,026.00, excluding HST, BE ACCEPTED; it being noted that Royal Fence Ltd. submitted the low bid and meets the terms, conditions and specifications in all areas;

(b)       the funding for this project BE APPROVED as set out in the Sources of Financing Report, attached hereto as Appendix “A”;

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

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

(e)       future additional annual operating costs of $5,000.00 BE CONSIDERED as a commitment from available assessment growth in 2012 subject to final budget approval.

Motion Passed

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

7.

Decade Group Inc. – 1311 Wharncliffe Road South – Westbury Subdivision (39T-05509) (H-7974)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Development Planning and the Managing Director, Development Approvals Business Unit, based on the application of Decade Group Inc., relating to the property located at 1311 Wharncliffe Road South, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1 (h.h-100.R1-5) Zone and a Holding Residential R1 (h.h-82.h-100.R1-5) Zone, TO a Residential R1 (R1-5) Zone and a Holding Residential R1 (h-82.R1-5) Zone to remove the “h” and “h-100” holding provisions. 

Motion Passed

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

8.

Sifton Properties Limited – 149, 153 and 187 Southdale Road West – Bierens Subdivision (39T-08508) (H-7975)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Development Planning and the Managing Director, Development Approvals Business Unit, based on the application of Sifton Properties Ltd., relating to the property located at 149, 153 and 187 Southdale Rd. West, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1(h.R1-5) Zone, a Holding Residential R1 (h.h-100.R1-5) Zone, a Holding Residential R1 (h.h-100.h-111.R1-5) Zone, a Holding Residential Special Provision R5/R6/R8 (h.h-54.h-71.h-100.h-105.h-136.R5-6(6)/R6-5(30)/R8-4(16)) Zone, a Holding Residential Special Provision R5/R6/R7/R8 (h.h-54.h-71.h-100.h-105.h-136.R5-6(6)/R6-5(30)/R7(15) .D75.H13/R8-4(16) Zone and a Holding Residential R5/R6 (h.h-71.h100.h-105.h-136.R5-6/R6-5) Zone, to remove the “h” provision on the entire subdivision, and remove the “h-100” and “h-111” provisions on the single detached residential lots.

Motion Passed

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

9.

Foundation Drain Disconnection to Mitigate Basement Flooding

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Wastewater and Treatment, the Civic Administration BE DIRECTED to prepare a by-law requiring foundation drains to be disconnected, in areas prone to basement flooding, for consideration at a future public participation meeting of the Civic Works Committee.

Motion Passed

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

10.

Greenway Wastewater Treatment Plant Ash Handling – Tender 11-90 (Project ES5165-11)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Wastewater and Treatment, the following actions be taken with respect to the award of a contract for the installation of Greenway Wastewater Treatment Plant Ash Handling, Tender 11-90 (Project ES5165-11):

(a)       the proposal submitted by Finnbilt General Contracting Limited, 3785 Line 29, R.R. # 2 Stratford, Ontario N5A 6S3, in the amount of $1,747,306.00, excluding HST, for Option “B” of the installation of Greenway Wastewater Treatment Plant (WWTP) Ash Handling BE ACCEPTED; it being noted Finnbilt General Contracting Limited submitted the lowest bid and meets all the terms, conditions and specifications. 

(b)       the financing for this project BE APPROVED as set out in the Sources of Financing Report, attached hereto as Appendix “A”;

(c)       the engineering fees for R.V. Anderson Associates Limited BE INCREASED by $35,000.00, excluding HST, in accordance with the estimate, on file, to carry out resident inspection and contract administration; it being noted that this increases the original estimated upset limit from $81,850.00 to $116,850.00, excluding HST; it being further noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers and in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

(d)       the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these projects; and,

(e)       the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the work to be done relating to this project.

Motion Passed

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

11.

2012 Curb and Gutter Local Improvement – Gretna Green

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director, Wastewater and Treatment, the following actions be taken with respect to the construction of Curb and Gutter as part of the Local Improvement Program, on initiation, for both sides of Gretna Green from Maldon Road to Middlewoods:

(a)       the attached Local Improvement Report (Appendix "A") dated October 17, 2011, for the construction, on initiation, of Curb and Gutter at the said location BE ADOPTED;

(b)       the City Clerk BE AUTHORIZED to proceed under the provisions of The Municipal Act, 2001, Ontario Regulation 586/06 with the publishing and the serving of Notice of Municipal Council’s intention to undertake these works in accordance with the following:

Location                       Owners’ Share            Corporation’s Share              Gross Cost

Gretna Green              $ 16,610.35                  $ 6,055.25                               $22,665.60

(c)       all administrative acts necessary for the implementation of this project BE AUTHORIZED subject to approval of financing where required.

Motion Passed

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

12.

2012 Budget Development for Advisory Committees

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Environmental and Engineering Planning Advisory Committee (EEPAC), the 2012 Budget allocation for the EEPAC BE INCREASED by $1,000.00 for a total allocation of $2,005, to assist interested members to attend the 2012 Canadian Urban Forest Conference to be hosted by the City of London; it being noted that the requested increase will be for one year only and that the proposed registration fee for the Conference, will be approximately $500.00 per person; it being further noted that the EEPAC reviewed and received a communication, dated August 11, 2011, from B. Westlake-Power, Manager of Legislative Services, with respect to the 2012 Budget development for Advisory Committees.

Motion Passed

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

13.

Riverbend South Area Plan - Appendix 4

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Environmental and Engineering Planning Advisory Committee (EEPAC), the following actions be taken with respect to the review of planning applications, including, but not exclusive, to those relating to the Riverbend South Area Plan:

(a)       the practice of conditions of an application being fulfilled by a future application BE DISCONTINUED; it being noted that EEPAC indicated that this practice previously required a future natural corridor at Warbler Woods, which may now be bisected by a roadway;

(b)        the following BE CONSIDERED with respect to the planning process:

(i)         a name should be assigned to any unnamed streams and creeks;

(ii)        the re-naming of any waterway that may be called a drain but is officially no longer a drain under the Drainage Act; and,

(iii)       a name should be assigned to Tributary C, reflective of its location and its downstream relationships;

(c)       the attached revised comments prepared by B. Maddeford, A. Desai, D.    Sheppard and S. Turner, with respect to this matter and asked that it BE FORWARDED to staff for their review and consideration; and,

(d)       the Civic Administration BE DIRECTED to report back to the Planning and Environment Committee with respect to the review and implementation of ESA Boundary Delineation Guideline #8 to ensure that it is conformance with the Provincial Policy Statement and the Natural Heritage Reference Manual.

Motion made by Councillor J.L. Baechler and seconded by Councillor D. Brown to Refer part   (a) of Clause 13 back to Civic Administration to review and report back to the appropriate standing committee with additional information as to the feasibility of discontinuing the practice of conditions of an application being fulfilled through a second application.

Motion Passed

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

The motion to adopt the remainder of clause 13 is put.

Motion Passed

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

14.

New Environmental and Ecological Planning Advisory Committee Term Orientation

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Environmental and Ecological Planning Advisory Committee, the Civic Administration and the Upper Thames River Conservation Authority (UTRCA) BE REQUESTED to provide orientation information to the newly appointed advisory committee, according to the proposed revised attached schedule.

Motion Passed

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

15.

Advisory Committee Review

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Environmental and Ecological Planning Advisory Committee, the following actions be taken with respect to the Advisory Committee review currently being undertaken by the City Clerk:

(a)       the outgoing Chair or Vice Chair of the advisory committee BE APPOINTED to the Advisory Committee Striking Committee; it being noted that the Chair or Vice Chair is uniquely qualified to provide input on the performance of re-applying members as well as the skills needs of the Committee; and,

(b)       the attendance record of applicants who held Advisory Committee positions the previous term BE INCLUDED with their application for any new appointment; it being noted that past attendance is a good indicator of future participation.

Motion made by Councillor D. Brown and seconded by Councillor J.B. Swan to Amend part (a) to read as follows:

“the outgoing Chairs or Vice Chairs of the various advisory committees BE REQUESTED to act as a resource to the Striking Committee, as required; and,”.

Motion Passed

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

The motion to adopt clause 15, as amended, is put.

Motion Passed

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

Clause 15, as amended, reads as follows:

that, on the recommendation of the Environmental and Ecological Planning Advisory Committee, the following actions be taken with respect to the Advisory Committee review currently being undertaken by the City Clerk:

(a)       the outgoing Chairs or Vice Chairs of the various advisory committees BE REQUESTED to act as a resource to the Striking Committee, as required; and,

(b)       the attendance record of applicants who held Advisory Committee positions the previous term BE INCLUDED with their application for any new appointment; it being noted that past attendance is a good indicator of future participation.”

16.

BFI Canada Inc. – 441 Industrial Road (Z-7945)

Motion made by Councillor J.B. Swan to Approve that, notwithstanding the recommendation of the Director of Land Use Planning and City Planner, with respect to the application of BFI Canada Inc., relating to the property located at 441 Industrial Road, that the matter BE REFERRED back to the Civic Administration to provide a further report with respect to the following matters:

(a)       the mitigation measures to be taken with the Ministry of the Environment Certificate of Approval;

(b)       the potential impact on Pottersburg Creek, if this application is approved at this location;

(c)        traffic measures;

(d)        the further broader consultation with the neighbours;

(e)        staff’s assistance to BFI Canada Inc. with finding other suitable locations;

(f)        how the ingress, egress and stacking would work; and,

(g)        how the processing of the materials will take place.

Motion Passed

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

17.

2004145 Ontario Limited – 1021 Wonderland Road South (Z-7956)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, based on the application of 2004145 Ontario Limited, relating to the property located at 1021 Wonderland Road South, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on November 21, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Restricted Service Commercial (RSC2) /Highway Service Commercial (HS2) Zone which permits animal clinics, automotive rental establishments, pharmacies, dry cleaning, convenience stores, financial institutions and personal service establishments TO a Restricted Service Commercial Special Provision / Highway Service Commercial (RSC2(  ))/HS2) Zone to add “financial institutions with accessory retail” and “medical/dental offices” to the list of permitted uses; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.

Motion Passed

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

18.

Sifton Properties Limited – 1780 Commissioners Road West and 1788 Sumac Way (Z-7933)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Director of Development Planning and the Managing Director – Development Approvals and Business Unit, based on the application of Sifton Properties Limited, relating to the lands located at 1780 Commissioners Road West and 1788 Sumac Way, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on November 21, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM an Urban Reserve Special Provision UR3(1) Zone which permits agricultural uses, conservation lands, passive recreation uses, kennels, and riding stables TO a holding Residential R6 Special Provision (h-  •R6-5(  )) Zone to permit cluster housing in the form of single detached, semi-detached, duplex and townhouse dwellings with a minimum lot frontage of 18 metres (59 ft.) together with a holding provision, to ensure water services are connected to a high level system, to the satisfaction of the City Engineer; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.  

Motion Passed

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

19.

Partnership Arrangements with Old Oak Properties Inc. for Sugar Creek Park and Adjacent Roads

Motion made by Councillor J.B. Swan to Approve that, notwithstanding the recommendation of the Executive Director of Planning, Environmental and Engineering Services,  the Executive Director of Planning, Environmental and Engineering Services Report relating to several partnership arrangements within Sugar Creek Park and the adjacent roads BE REFERRED to the Civic Administration for further consultation with Old Oak Properties Inc.

Motion Passed

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

20.

Clare Bridge Replacement Environmental Assessment (4-BR-04)

Motion made by Councillor J.B. Swan to Approve that, on the recommendation of the Acting Director, Roads and Transportation, the following actions be taken with respect to the Clare Bridge Replacement Environmental Assessment:

(a)        the Clare Bridge Replacement Environmental Study Report BE ACCEPTED;

(b)        a Notice of Completion BE FILED with the Municipal Clerk; and,

(c)       the Environmental Study Report BE PLACED on public record for a 30-day review period;

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

Motion Passed

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

21.

756949 Ontario Limited – 1647 Fanshawe Park Road East (39CD-10503/Z-7785)

Motion made by Councillor J.B. Swan to Approve that the Built and Natural Environment Committee (BNEC) reviewed and received an information report from the Managing Director of the Development Approvals Business Unit and the Director of Development Planning, in response to the letter of September 6, 2011 from C. M. Wiebe, MHBC Planning Urban Design & Landscape Architecture, with respect to an application by 756949 Ontario Limited (AARTS/AAROC Aggregate Ltd.) relating to the property located at 1647 Fanshawe Park Road East (39CD-10503/Z-7785); it being noted that BNEC heard a verbal presentation from C. Weibe, MHBC Planning Urban Design & Landscape Architecture, with respect to this matter.  

Motion Passed

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

22.

8th Report of the Transportation Advisory Committee

Motion made by Councillor J.B. Swan to Approve that the Built and Natural Environment Committee reviewed and received the 8th Report of the Transportation Advisory Committee, from its meeting held on November 1, 2011. 

Motion Passed

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

23.

11th Report of the Environmental and Ecological Planning Advisory Committee

Motion made by Councillor J.B. Swan to Approve that the Built and Natural Environment Committee heard a verbal presentation from D. Sheppard, Chair, Environmental and Ecological Planning Advisory Committee (EEPAC) and reviewed and received clauses 4 through 18, inclusive, of the 11th Report of the EEPAC, from its meeting held on October 20, 2011.

Motion Passed

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

24.

Request for Delegation Status – Veterans Memorial Parkway Noise and Vibration Studies

Motion made by Councillor J.B. Swan to Approve that the Built and Natural Environment Committee (BNEC) received a request for delegation status from C. Dodds, 248 Simpson Crescent, with respect to Veterans Memorial Parkway noise and vibration studies.  The BNEC did not grant delegation status to Mrs. C. Dodds. 

Motion Passed

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

25.

Confidential Matters

Motion made by Councillor J.B. Swan to Receive for Information that the Built and Natural Environment Committee convened in camera from 7:15 p.m. to 7:26 p.m., after having passed a motion to do so, with respect to the following matters:

C-1.     A matter being considered pertaining to litigation or potential litigation with respect to the appeals of Futurestreets Inc. to the Ontario Municipal Board, Case No. PL100332, from the decision of Municipal Council to approval Official Plan Amendment No. 475 and pass zoning by-law Z.-1-101908 in respect of 1510 Hamilton Road; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the appeals of Futurestreets Inc. to the Ontario Municipal Board, Case No. PL100332 from the decision of Municipal Council to approve Official Plan Amendment No. 475 and pass zoning by-law Z.-1-101908 in respect of 1510 Hamilton Road.

C-2.     A matter being considered pertaining to litigation or potential litigation with respect to the appeal of London Property Management Association to the Court of Appeal for Ontario from the Judgment of Madam Justice Leitch released September 30, 2011 upholding By-law C.P.-19; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with to the appeal of London Property Management Association to the Court of Ontario for Ontario from the Judgment of Madam Justice Leitch released September 30, 2011 upholding By-law C.P.-19; and giving instructions and directions to the solicitors of the municipality in connection with the appeal of London Property Management Association to the Court of Appeal for Ontario.

Motion Passed

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

28th Report of the Built and Natural Environment Committee

Councillor J.B. Swan presents

1.

Lucas-Kennedy Veterinary Corporation – 1509 Commissioners Road East

Motion made by Councillor J.B. Swan to Approve that, That, on the recommendation of the Director of Development Planning and the Managing Director, Development Approvals Business Unit, based on the application of Lucas-Kennedy Veterinary Professional Corporation, relating to the property located at 1509 Commissioners Road East, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a holding Restricted Office Special Provision (h•RO2(23)) Zone TO a Restricted Office Special Provision (RO2(23)) Zone to remove the holding provision.

Motion Passed

19th Report of the Community and Neighbourhoods Committee

(continued)

2.

Execution of contracts related to Dearness Home Medical Director and attending Physicians

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Interim Administrator of Dearness Home, with the concurrence of the Executive Director of Community Services, the attached revised proposed by-laws (Appendices A and B) BE INTRODUCED at the Municipal Council meeting to be held on November 21, 2011, to:

(a)       approve the standard form for the Medical Director Agreements (Schedule A-1) and the standard form for the Attending Physician Agreements (Schedule B-1), as required by the Long-Term Care Homes Act, 2007;

(b)       delegate the authority to execute the Agreements, in (a) above, to the Administrator of the Dearness Home; and,

(c)       repeal By-law A.-6415-297, entitled “A by-law to approve the Medical Director Agreement with Dr. John F. Sangster; and to confirm delegation of authority to execute the Agreement to the Adminstrator; and to confrim the appointment of Dr. John F. Sangster as physician (Medical Director) for the Dearness Home”. (2011-C11-00)

Motion Passed

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

NAYS: J.B. Swan, S. Orser (2)

3.

Banana Toss and Transgendered Incident

Motion made by Councillor H.L. Usher to Approve that the City Clerk BE REQUESTED to follow-up with the London Diversity and Race Relations Advisory Committee (LDRRAC) and the London Urban Services Organization (LUSO), to request their responses to the Municipal Council direction from its meeting held on October 3, 2011, relating to the banana toss and transgendered incidents; it being noted that the CNC received a communication, dated October 24, 2011, from B. S. Duncan, Chief of Police, London Police Service, with respect to this matter.  (2011-P07-00) 

Motion Passed

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

NAYS: J.B. Swan, S. Orser (2)

4.

National Crime Prevention Strategy

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Community Safety and Crime Prevention Advisory Committee (CSCP), the following actions be taken with respect to the National Crime Prevention Strategy:

(a)       L. Steel BE REGISTERED with Public Safety Canada to be notified of any potential funding for youth gang prevention, and BE REQUESTED to update the CSCP as information becomes available;

(b)       the Police Services Board BE REQUESTED to provide a presentation at the next meeting of the CSCP, with respect to the City’s current gang activity; and,

(c)       a representative from the National Crime Prevention Strategy BE INVITED to a CSCP meeting in February 2013;

it being noted that the CSCP reviewed and received a communication, dated October 4, 2011, from T. Kyle, Manager, West Area Recreation Services, with respect to this matter.

Motion Passed

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

NAYS: J.B. Swan, S. Orser (2)

5.

UFORE Leaf Cover

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Trees and Forests Advisory Committee (TFAC), the following actions be taken with respect to the Urban Forest Effects Model (UFORE):

(a)       the Civic Administration BE REQUESTED to include the planning district and sub-watershed leaf cover maps in the UFORE Report; and,

(b)       the Civic Administration BE ASKED to incorporate its UFORE checklist summary responses to the corresponding comments on the TFAC document, dated July 14, 2010, for the next meeting of the TFAC;

it being noted that the TFAC reviewed and received a communication dated September 27, 2011, from the Manager of Urban Forestry, and the TFAC’s comments, dated July 14, 2010, with respect to the UFORE.

Motion Passed

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

NAYS: J.B. Swan, S. Orser (2)

6.

Investment in Affordable Housing for Ontario Approval of Program Delivery and Fiscal Plan

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Council Housing Leadership Committee (CHLC), the recommendation of the Director of Municipal Housing, with the concurrence of the Executive Director of Community Services, the proposed Investment in Affordable Housing (IAH) Program Delivery and Fiscal Plan, as outlined in the attached Appendix A, BE APPROVED, subject to the approval of the annual municipal budget during each of the program years of the IAH, up to and including 2014;

it being noted that the Council Housing Leadership Committee reviewed and received the attached report, dated October 28, 2011, from the Director of Municipal Housing, with respect to this matter.

Motion Passed

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

NAYS: J.B. Swan, S. Orser (2)

7.

Changes to the Affordable Housing Capital Reserve Fund Policy for Participation in the Investment in the Affordable Housing Program

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Council Housing Leadership Committee (CHLC), the recommendation of the Director of Municipal Housing, with the concurrence of the Executive Director of Community Services, the following actions be taken with respect to the Affordable Housing Capital Reserve Fund Policy, as it relates to the federal/provincial Investment in Affordable Housing Program (IAH):

(a)         the proposed Affordable Housing Capital Reserve Fund per unit allocation increase from $15,000 of up to $55,000 per unit BE APPROVED for a total municipal commitment of up to $10,450,000; it being noted that this per unit increase is for projects approved under the IAH Program only;

(b)         the previous municipal commitment of $2,580,000 BE UNEMCUMBERED within the Affordable Housing Capital Reserve Fund (AHCRF); it being noted the funds were previously allocated for three projects which were forwarded to the Province under previous programs but were not approved;

(c)         the creation of a Municipal Rent Supplement Program BE APPROVED for up to forty-five (45) units at $200 per unit, per month, for a municipal commitment of $108,000 per year, for a period of three years, for a total municipal commitment of $324,000; and,

(d)         the Civic Administration BE REQUESTED to provide an update and next steps on the Strategic Plan in recognition of the Municipal Council adopted Community Housing Strategy and the Community Plan on Homelessness and that recommendations be brought forward to address the predicted shortfall of 400 units in the strategies;

it being noted that the Council Housing Leadership Committee reviewed and received the attached report, dated October 28, 2011, from the Director of Municipal Housing, with respect to this matter.

Motion Passed

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

8.

Revised Proposal Governance Structure

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Council Housing Leadership Committee (CHLC), the CHLC, as it currently exists, BE INCLUDED in any revisions to the City of London governance structure; it being noted that the CHLC reviewed and received a communication, dated June 10, 2011, from the City Clerk, with respect to the revised proposed governance structure.

Motion Passed

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

10.

697-701 Hale Street

Motion made by Councillor H.L. Usher to Approve that the attached communications, dated October 25 and October 28, 2011, from Councillor S. Orser and A. Haidar, Chair and K. Parker, Vice Chair, Argyle Community Association (ACA), respectively, with respect to the condition and status of 697-701 Hale Street, BE REFERRED to the Civic Administration for review, and report back to the appropriate Standing Committee on a possible solution to the ACA’s concerns regarding the above-noted property; it being noted that the Community and Neighbourhoods Committee heard the attached presentation from K. Parker, ACA, with respect to this matter.  (2011-P05-00)

Motion made by Councillor S. Orser and seconded by Councillor W.J. Armstrong to Amend clause 10 by inserting the following words “including suggestions to improve the Dundas/Hale intersection area” following the words “above-noted property”.

Motion Passed

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

NAYS: J.B. Swan, J.L. Baechler, N. Branscombe, H.L. Usher (4)

The motion to adopt clause 10, as amended, is put.

Motion Passed

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

Clause 10, as amended reads as follows:

that the attached communications, dated October 25 and October 28, 2011, from Councillor S. Orser and A. Haidar, Chair and K. Parker, Vice Chair, Argyle Community Association (ACA), respectively, with respect to the condition and status of 697-701 Hale Street, BE REFERRED to the Civic Administration for review, and report back to the appropriate Standing Committee on a possible solution to the ACA’s concerns regarding the above-noted property including suggestions to improve the Dundas/Hale intersection area; it being noted that the Community and Neighbourhoods Committee heard the attached presentation from K. Parker, ACA, with respect to this matter.

12.

Youth Inquiry Development Program

Motion made by Councillor H.L. Usher to Approve that the attached communication, dated November 9, 2011, from J. Hsi, Science Fair Liaison, Youth Science Ontario, with respect to the expansion of the Youth Inquiry Development Program, BE REFERRED to the Civic Administration to look into the above-noted Program, with a report back to the appropriate Standing Committee.

Motion Passed

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

13.

Confidential Appendix - 10th Report of the Advisory Committee on the Environment

Motion Passed

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

14.

Dearness Home Community Newsletter - November 2011

Motion made by Councillor H.L. Usher to Approve that the Community and Neighbourhoods Committee reviewed and received the Dearness Home Community Newsletter for November, 2011. (2011-C11-00) 

Motion Passed

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

15.

10th Report of the London Diversity and Race Relations Advisory Committee

Motion made by Councillor H.L. Usher to Approve that the Community and Neighbourhoods Committee reviewed and received the 10th Report of the London Diversity and Race Relations Advisory Committee from its meeting held on October 26, 2011.  (See Report attached.)

Motion Passed

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

16.

Glanworth Library Branch

Motion made by Councillor H.L. Usher to Approve that the Community and Neighbourhoods Committee received a communication, dated October 11, 2011, from J. Morgan, Chair, London Public Library, with respect to an update on the Glanworth Library Branch; it being noted that the CNC expressed its appreciation for the update and asked the London Public Library to continue to keep the Municipal Council informed with respect to this matter.  (2011-C13-00)

Motion Passed

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

17.

7th Report of the Community Safety and Crime Prevention Advisory Committee

Motion made by Councillor H.L. Usher to Approve that the Community and Neighbourhoods Committee reviewed and received clauses 2 to 11, inclusive, of the 7th Report of the Community Safety and Crime Prevention Advisory Committee from its meeting held on October 27, 2011.  (See Report attached.)

Motion Passed

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

18.

9th Report of the Trees and Forests Advisory Committee

Motion made by Councillor H.L. Usher to Approve that the Community and Neighbourhoods Committee reviewed and received clauses 2 to 6, inclusive, of the 9th Report of the Trees and Forests Advisory Committee from its meeting held on October 26, 2011.  (See Report attached.)

Motion Passed

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

19.

4th Report of the Council Housing Leasership Committee

Motion made by Councillor H.L. Usher to Approve That the Community and Neighbourhoods Committee reviewed and received clauses 4 to 5, inclusive, of the 4th Report of the Council Housing Leadership Committee from its meeting held on October 28, 2011.  (See Report attached.)

Motion Passed

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

20.

10th Report of the Advisory Committee on the Environment

Motion made by Councillor H.L. Usher to Approve that the Community and Neighbourhoods Committee reviewed and received the 10th Report of the Advisory Committee on the Environment from its meeting held on November 10, 2011.  (See Report attached.)

Motion Passed

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

21.

In Camera

Motion made by Councillor H.L. Usher to Receive for Information that the Community and Neighbourhoods Committee passed the following resolution prior to moving in camera from 5:38 p.m. to 5:42 p.m.:

“That the Community and Neighbourhoods Committee move in camera to discuss matters pertaining to personal matters about identifiable individuals, including municipal or local boards, with respect to the 2012 Mayor’s New Year’s Honour List for the “Arts”, “Humanitarianism”, “Diversity and Race Relations” and “Environment” categories.”  (See Confidential Appendix to the 19th Report of the Community and Neighbourhoods Committee enclosed separately for Council Members.)

Motion Passed

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

20th Report of the Community and Neighbourhoods Committee

Councillor H.L. Usher presents

1.

Mayor’s New Year’s Honour List

Motion made by Councillor H.L. Usher to Receive for Information that the Community and Neighbourhoods Committee passed the following resolution prior to moving in camera from 4:05 p.m. to 4:13 p.m.: 

“That the Community and Neighbourhoods Committee move in camera to discuss a matter pertaining to personal matters about identifiable individuals, including municipal or local boards, with respect to the 2012 Mayor’s New Year’s Honour List for the “Environment” category.”  (See Confidential Appendix to the 20th Report of the Community and Neighbourhoods Committee enclosed separately for Council Members.)

36th Report of the Committee of the Whole

Councillor P. Hubert presents

1.

Community Engagement Task Force Update

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to the information report and the attached presentation from Kevin Van Lierop and Heather Hallett regarding an update on the work of the Community Engagement Task Force:

(a)       the  Community Engagement Task Force BE THANKED for its work to date; and

(b)       the matter of the role of individual Council Members in citizen engagement, and how they will carry out that role, BE INCLUDED as part of the upcoming session to be facilitated by Mr. Kelly Petrock on the Council Members’ Code of Conduct.

Motion Passed

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

NAYS:  J.L. Baechler (1)

2.

London's Competitive Position

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to London’s competitive position:

(a)       the London Economic Development Corporation BE REQUESTED to undertake analysis and weight data as it relates to London’s competitive position, in order to assist the Municipal Council in making policy decisions as to where best to focus its efforts in attracting business; and

(b)       the Investment and Economic Prosperity Committee BE DIRECTED to establish guiding principles as a first order of business;

it being noted that the Committee of the Whole received a presentation from Peter White, President and Chief Executive Officer, and Kapil Lakhotia, Director, Research and Business Development, London Economic Development Corporation, with respect to London’s competitive position.

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

3.

Capital Assets and Revenue Alternatives

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the following actions be taken with respect to the discussion paper, dated June 21, 2011, on capital assets and revenue alternatives from the City Treasurer, Chief Financial Officer:

(a)       the principles highlighted in Appendix A of the discussion paper regarding identifying asset sales and revenue alternatives BE ADOPTED;

(b)       the following areas of the Civic Administration BE ASKED to report back on the following one-time revenue generating ideas, including a synopsis of the alternative plus financial, service and legal implications:

(i)         Community Services;

(ii)        Planning, Environmental & Engineering Services;

(iii)        City Manager’s Office/Realty Services – selling vacant land and industrial land;

noting that the following areas are already in the process of reporting back on previously identified one-time revenue generating ideas:

(i)         Community Services/Parks and Recreation – closing down River Road Golf Course and repurposing the land for other City services;

(ii)        Planning, Environmental & Engineering Services/Parking Division – selling parking lots;

(c)       the following areas of the Civic Administration BE ASKED to report back on the following ongoing or permanent revenue generating ideas, including a synopsis of the alternative plus financial, service and legal implications;

(i)         Community Services;

(ii)        Planning, Environmental & Engineering Services;

(iii)        City Manager’s Office;

noting that the following areas are already in the process of reporting back on previously identified permanent revenue generating ideas:

(i)         Community Services – sale of sponsorships/naming rights for community centres and arena board advertising;

(ii)        Planning, Environmental & Engineering Services/Solid Waste – implementing full cost recovery for Solid Waste and fee recovery for garbage collection;

it being further noted that the Committee of the Whole endorsed the identification of $4.0 million of permanent revenue generating alternatives in order to contain the 2012 general property tax increase target at 1.4% after inclusion of assessment growth of 1%;

(d)       the Civic Administration BE ASKED to report back on a policy and strategy for advertising, sponsorship and naming rights for municipally -owned assets including arenas, community centres, parks, roadways, and rolling stock (i.e. vehicles); and

(e)       the City Manager’s Office BE ASKED to request that AMO act on behalf of all municipalities and submit a request to the Minister of Municipal Affairs and Housing for legislative revisions that would open up more options for municipalities to generate additional revenue (i.e. personal vehicle tax).

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

4.

Civic Works Committee

Motion made by Councillor P. Hubert to Approve that the membership of the Civic Works Committee for the term December 1, 2011 to November 30, 2012 BE ESTABLISHED as follows:

                                    Councillor H. L. Usher (Chair)

                                    Mayor J. Fontana (ex-officio)                        

                                    Councillor J. L. Baechler                               

                                    Councillor S. Orser                                                    

                                    Councillor P. Van Meerbergen                                  

                                    Councillor S. White

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

5.

Community Services Committee

Motion made by Councillor P. Hubert to Approve that the membership of the Community Services Committee for the term December 1, 2011 to November 30, 2012 BE ESTABLISHED as follows:

                                    Councillor M. Brown (Chair)

                                    Mayor J. Fontana (ex-officio)                        

                                    Councillor W. J. Armstrong   

                                    Councillor N. Branscombe                

                                    Councillor D. Henderson                               

                                    Councillor H. L. Usher

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

6.

Finance and Administrative Services Committee

Motion made by Councillor P. Hubert to Approve that the membership of the Finance and Administrative Services Committee for the term December 1, 2011 to November 30, 2012 BE

ESTABLISHED as follows:

                                    Mayor J. Fontana (Chair)

                                    Councillor J. L. Baechler

                                    Councillor N. Branscombe

                                    Councillor D. Brown

                                    Councillor P. Hubert 

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

7.

Planning and Environment Committee

Motion made by Councillor P. Hubert to Approve that the membership of the Planning & Environment Committee for the term December 1, 2011 to November 30, 2012 BE ESTABLISHED as follows:

                                    Councillor W. J. Polhill (Chair)

                                    Mayor J. Fontana (ex-officio)                        

                                    Councillor J. P. Bryant           

                                    Councillor D. Henderson                               

                                    Councillor J. B. Swan                                    

                                    Councillor S. White

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

8.

Public Safety Committee

Motion made by Councillor P. Hubert to Approve that the membership of the Public Safety Committee for the term December 1, 2011 to November 30, 2012 BE ESTABLISHED as follows:

                                    Councillor D. Brown (Chair)

                                    Mayor J. Fontana (ex-officio)                        

                                    Councillor W. J. Armstrong   

                                    Councillor J. P. Bryant                       

                                    Councillor P. Hubert                                      

                                    Councillor B. Polhill

Motion Passed

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

NAYS:  Councillor J.L. Baechler (1)

9.

Striking Committee

Motion made by Councillor P. Hubert to Approve that the following BE APPOINTED to the Striking Committee for the 2010-2014 Council term:

                        Kerry Hendricks (Past Member of the LDRRAC)

                        Michelle Baldwin (Pillar Non-Profit Network)

                        Greg Thompson (Urban League of London)

                        Mike Parkinson (London and District Labour Council)

                        Don Bryant (London Chamber of Commerce)

                        Gina Barber (Former Member of London Municipal Council)

                        Mariam Hamou (Citizen-at-Large)

                        Matt Ross (Citizen-at-Large)

Motion Passed

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

10.

2012 Wastewater and Treatment Budget

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Director of Water and City Engineer, the following actions be taken with respect to the 2012 Operating Budget, Capital Budget and 2013 – 2021 Capital Forecast for Wastewater and Treatment Services:

(a)       the 2012 Operating Budget for Wastewater and Treatment Services BE APPROVED as submitted;

(b)       the 2012 Capital Budget for Wastewater and Treatment Services BE APPROVED as submitted;

(c)       the 2013 – 2021 Capital Forecast for Wastewater and Treatment Services BE RECEIVED for information;

(d)       all rates and charges related to the provision of Water Services BE INCREASED by 7%, effective January 1, 2012;

(e)       the proposed by-law to amend the Sewer System Fees and Charges By-law BE INTRODUCED at the Municipal Council meeting on November 21, 2011 to effect the rates and charges noted in (d), above; and,

(f)        the Civic Administration BE AUTHORIZED to create a reserve relating to non-tangible capital assets in order to comply with accounting legislation under PSAB 3150.

Motion made by Councillor P. Hubert and seconded by Councillor J.P. Bryant to Amend Clause 10 in part (d) by deleting the word “Water” and by replacing it with the words “Wastewater and Treatment”

Motion Passed

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

NAYS: D.G. Henderson (1)

Motion to adopt clause 10, as amended, is put.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (8)

NAYS: B. Polhill, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (6)

Clause 10, as amended reads as follows:

That, on the recommendation of the Director of Water and City Engineer, the following actions be taken with respect to the 2012 Operating Budget, Capital Budget and 2013 – 2021 Capital Forecast for Wastewater and Treatment Services:

(a)       the 2012 Operating Budget for Wastewater and Treatment Services BE APPROVED as submitted;

(b)       the 2012 Capital Budget for Wastewater and Treatment Services BE APPROVED as submitted;

(c)       the 2013 – 2021 Capital Forecast for Wastewater and Treatment Services BE RECEIVED for information;

(d)       all rates and charges related to the provision of Wastewater and Treatment Services BE INCREASED by 7%, effective January 1, 2012;

(e)       the proposed by-law to amend the Sewer System Fees and Charges By-law BE INTRODUCED at the Municipal Council meeting on November 21, 2011 to effect the rates and charges noted in (d), above; and,

(f)        the Civic Administration BE AUTHORIZED to create a reserve relating to non-tangible capital assets in order to comply with accounting legislation under PSAB 3150.

11.

2012 Water Budget

Motion made by Councillor P. Hubert to Approve parts (g) and (h) of clause 11.

Motion Passed

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

Motion made Councillor P. Hubert to Approve clause 11, except parts (g) and (h).

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant, S.E. White (9)

NAYS: B. Polhill, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown (5)

Clause 11 reads as follows:

That, on the recommendation of the Director of Water and City Engineer, the following actions be taken with respect to the 2012 Operating Budget, Capital Budget and 2013 – 2021 Capital Forecast for Water Services:

(a)        the 2012 Operating Budget for Water Services BE APPROVED as submitted;

(b)        the 2012 Capital Budget for Water Services BE APPROVED as submitted;

(c)        the 2013 – 2021 Capital Forecast for Water Services BE RECEIVED for information;

(d)       all rates and charges related to the provision of Water Services BE INCREASED by 8%, effective January 1, 2012;

(e)       the proposed by-law to amend the Water Rates and Charges By-law BE INTRODUCED at the Municipal Council meeting on November 21, 2011 to effect the rates and charges noted in (d), above;

(f)        the Civic Administration BE AUTHORIZED to create a reserve relating to non-tangible capital assets in order to comply with accounting legislation under PSAB 3150; and

(g)       the Civic Administration BE REQUESTED to investigate potential means for levelling out monthly water charges; and

(h)       the Civic Administration BE REQUESTED to report back with options for mitigating industrial and commercial water cost impacts.

12.

2012 Water Budget and 2012 Wastewater and Treatment Budget - Public Participation Meeting

Motion made by Councillor P. Hubert to Approve that at the public participation meeting associated with the 2012 Water Budget and the 2012 Wastewater and Treatment Budget, the following individuals made an oral submission to the Committee of the Whole, in connection therewith:

•           Bob Large - Expressing concern that there is a significant increase in his water bill during July and August, when water is being used to maintain his property, city trees, etc.; and requesting a desire for a system that would level out the monthly costs.

•           Peter White, President, London Economic Development Corporation – Speaking on behalf of industrial water users to reiterate the need to remain competitive.

•           Al Diggins, President, Excellence in Manufacturing Consortium – Providing the attached presentation and indicating that the Consortium is a non-profit organization with approximately 104 members in the local region, many of whom are food processors who employ over 100 people; noting that the “tipping point” has been reached in terms of controlling costs in order to remain competitive, with many manufacturers leaving Canada or going out of business; stating that every month there are plants that have to defend their existence to their parent companies and have to compete with their sister companies;  stressing the need for an even playing field with competitors; and emphasizing that a 1% increase in costs could put companies out of business;

•           Scott Durnin and Jeff Ryan, Labatt; Providing the attached presentation and indicating that there are six breweries left in Canada, which are in competition with 13 breweries in the United States; pointing out that through Labatt’s “Better Your World” initiative, they have significantly reduced their water usage; and indicating that they could accept a rate of inflation increase.

•           Bryan Baar, Controller, Casco – Providing the attached presentation; and indicating that Casco is also having to compete with its sister companies.

it being noted that the Director of Water and City Engineer gave the attached presentation with respect to this matter.

Motion Passed

YEAS: B. Polhill, W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

NAYS: S. Orser, S.E. White (2)

13.

Recorded Vote - 2012 Water Budget and 2012 Wastewater and Treatment Budget - Referral to Investment and Economic Prosperity Committee

Motion made by Councillor P. Hubert to Receive for Information that the Committee of the Whole held a recorded vote on the motion to refer the 2012 Water Budget and 2012 Wastewater and Treatment Budget to the November 18, 2011 meeting of the Investment and Economic Prosperity Committee for consideration.  The motion LOST, the Members voting as follows:

YEAS: Mayor Fontana and Councillors Polhill, Orser, Van Meerbergen and D. Brown.  (5)

NAYS: Councillors Armstrong, Swan, Baechler, Branscombe, M. Brown, Hubert, Usher, Bryant and White.  (9)

Motion Passed

YEAS: B. Polhill, W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

NAYS: S. Orser, S.E. White (2)

14.

Recorded Vote - 2012 Water Budget and 2012 Wastewater and Treatment Budget Recommendations - As Amended

Motion made by Councillor P. Hubert to Receive for Information that the Committee of the Whole held a recorded vote on the motion to adopt the 2012 Water Budget and 2012 Wastewater and Treatment Budget recommendations, as amended.  The motion CARRIED, the Members voting as follows:

YEAS: Councillors Armstrong, Swan, Baechler, Branscombe, M. Brown, Hubert, Usher and Bryant.  (8)

NAYS: Mayor Fontana and Councillors Polhill, Orser, Van Meerbergen, D. Brown and White.  (6) 

Motion Passed

YEAS: B. Polhill, W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

NAYS: S. Orser, S.E. White (2)

5th Report of the Services Review Committee

Councillor N. Branscombe presents

1.

Bed Bugs

Motion made by Councillor N. Branscombe to Approve that the Middlesex London Health Unit BE REQUESTED to provide a report to the appropriate standing committee of Council with respect to its action plan related to bed bugs, with said report to include, but not be limited to, matters such as: eradication, improved enforcement, guidance related to recommended treatment, as well as the related, projected costs; it being noted that the information should cover both the public and private sectors.

Motion Passed

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

2.

Mental Health Funding

Motion made by Councillor N. Branscombe to Approve that the matter of the divestment of geriatric mental health beds by the Regional Mental Health Centre BE PLACED on the agenda of the next FAC meeting with Members of the Legislative Assembly of Ontario; it being noted that specific City concerns as to the approach being taken in placing individuals with significant mental illness, and risk of violent behaviour in long term facilities without sufficient additional financial resources to support these individuals and maintain safety for the individuals, other residents and staff, need to be conveyed to the Provincial representatives.

Motion Passed

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

3.

Political Action List

Motion made by Councillor N. Branscombe to Approve that the Civic Administration BE REQUESTED to present to the Services Review Committee information related to pending issues for discussion with the local MPP’s and MP’s, as well as the impact of previous discussions with the local MPP’s and MP’s.

Motion Passed

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

4.

Ontario Works - Employment Programs

Motion made by Councillor N. Branscombe to Approve that the Civic Administration BE DIRECTED to report back at a future meeting of the Services Review Committee with respect to an update on recent provincial funding changes related to the provision of training and/or employment programs, opportunities that may be available, and the potential impact of additional City funding in this area.

Motion Passed

5.

2012 Budget Development

Motion made by Councillor N. Branscombe to Approve that the Services Review Committee received a verbal update from the City Treasurer, Chief Financial Officer with respect to the current status of the 2012 Budget development.

Motion Passed

6.

Consideration of Business Cases - Proposed Add/Cut List

Motion made by Councillor N. Branscombe to Approve that the Services Review Committee (SRC) deferred consideration and review of the following business cases to a future meeting of the SRC, with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget:

(a)        Social Housing Administration - Community Development and Housing;

(b)        Social Housing Administration - Pest Control with Bed Bug Focus (LMHC);

(c)        Ontario Works Programs – Ontario Works in the Community; and,

(d)       Children’s Services – London System Reengineering Neighbourhood Child and Family Centres.

Motion Passed

7.

Business Plan Summary Review

Motion made by Councillor N. Branscombe to Approve that the Services Review Committee (SRC) held a general discussion with respect to the following Business Plan Summaries:

(a)        Affordable Housing Planning & Funding (7.1.1);

(b)        Social Housing Administration (7.1.3);

(c)        Adult Day Programs (7.2.1);

(d)        Long Term Care (Dearness Home) (7.2.2);

(e)        Homemakers (7.2.3);

(f)        Land Ambulance (7.3.3);

(g)        Public Health (7.3.4);

(h)        Homeless Support & Emergency Shelters (7.4.2);

(i)         Substance Abuse (London CAReS) (7.4.3);

(j)         Immigration Services (7.4.4); and,

(k)        Ontario Works Programs (7.4.6).

Motion Passed

8.

Business Plan Summary Review – Deferred

Motion made by Councillor N. Branscombe to Approve that the Services Review Committee (SRC) deferred consideration of the following Business Plan Summaries to a future meeting of the SRC:

(a)        Subsidized Transit (7.4.4.);

(b)        Cafeteria (10.5.6);

(c)        Fire & Rescue Services (6.4.2);

(d)        Fire Prevention & Education (6.4.3); and,

(e)        Specialized Rescue Services (6.4.4).

Motion Passed

9.

Disclosures

Motion made by Councillor N. Branscombe to Receive for Information that Councillor Hubert disclosed a pecuniary interest with respect to clauses 4 and 7(k) of this Report, having to do with the Ontario Works Programs business plan (7.4.6) and related Business Case, by indicating that he is the Executive Director of a social service agency that has a service contract with Ontario Works.  

Motion Passed

10.

Next Meeting

Motion made by Councillor N. Branscombe to Receive for Information that the next meeting of the Services Review Committee (SRC) is scheduled to be held on November 17, 2011, at 3:00 p.m.  

Motion Passed

IX

DEFERRED MATTERS

X

ENQUIRIES

XI

EMERGENT MOTIONS

XII

BY-LAWS

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

Motion made by Councillor P. Hubert, seconded by Councillor J.B. Swan, to Approve 1st Reading of Bill No. 482.

Motion Passed

Motion made by Councillor P. Van Meerbergen, seconded by Councillor J.B. Swan, to Approve 2nd reading of Bill No. 482.

Motion Passed

Motion made by Councillor M. Brown, seconded by Councillor H.L. Usher, to Approve 3rd Reading of Bill No. 482. 

Motion Passed

Motion made by Councillor P. Hubert, seconded by Councillor N. Branscombe, to Approve 1st Reading of Bill Nos. 484 and 485.

Motion Passed

Motion made by Councillor P. Hubert, seconded by Councillor J.L. Baechler, to Approve 2nd Reading of Bill Nos. 484 and 485.

Motion Passed

Motion made by Councillor J.B. Swan, seconded by Councillor B. Armstrong, to Approve 3rd Reading of Bill Nos. 484 and 485.

Motion Passed

Motion made by Councillor D. Brown, seconded by Councillor J.B. Swan, to Approve 1st Reading of Bill Nos. 467, 469, 471 to 481,483, and 486 to  492.

Motion Passed

Motion made by Councillor P. Hubert, seconded by Councillor D. Brown, to Approve 2nd Reading of Bill Nos. 467, 469, 471 to 481, 483, and 486 to 492.

Motion Passed

Motion made by Councillor M. Brown, seconded by Councillor N. Branscombe, to Approve 3rd Reading of Bill Nos. 467, 469, 471 to 481, 483, and 486 to 492.

Motion Passed

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

Bill No. 467, By-law No. A.-

A by-law to confirm the proceedings of the Council Meeting held on the 21st day of November, 2011. (City Clerk)

Bill No. 469, By-law No. A.-

A by-law to authorize and approve the Banking Services Agreement and Commercial Card Agreement with The Bank of Nova Scotia; and to authorize the Mayor and City Clerk to execute the Agreements; and to authorize the City Treasurer, Chief Financial Officer or designate to undertake all the administrative acts necessary in connection with the Agreements. (4/28/FAC)

Bill No. 470, By-law No. A.-

A by-law to authorize an amended Option Agreement between The Corporation of the City of London and London Machinery Inc., and to authorize the Mayor and City Clerk to execute the Agreement. (6/28/FAC)

Bill No. 471, By-law No. A.-

A by-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Denis Campeau, John Demarco and Anne Kirby, to purchase a portion of the City owned Barton Street road allowance, being Parts 2 and 3, Reference Plan 33R-18052, and to authorize the Mayor and City Clerk to execute the Agreement. (7/28/FAC)

Bill No. 472, By-law No. A.-

A by-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Panman Enterprises Corporation, to purchase a portion of the City owned Barton Street road allowance, begin Part 1, Registered Plan 33R-18052, and to authorize the Mayor and City Clerk to execute the Agreement. (8/28/FAC)

Bill No. 473, By-law No. A.-

A by-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Union Gas Limited, for the sale of the City owned property located on the north side of Bradley Avenue east of Veteran’s Memorial Parkway, and to authorize the Mayor and City Clerk to execute the Agreement. (8/28/FAC)

Bill No. 474, By-law No. A.-

A by-law to approve the standard form for Medical Director Agreements and to delegate authority to the Administrator of The Corporation of the City of London’s long-term care home known as the John Dearness Home to execute agreements that employ this form. (2/19/CNC)

Bill No. 475, By-law No. A.-

A by-law to approve the standard form for Attending Physician Agreements and to delegate authority to the Administrator of The Corporation of the City of London’s long-term care home known as the John Dearness Home to execute agreements that employ this form. (2/19/CNC)

Bill No. 476, By-law No. A.-

A by-law to approve a Council Policy to establish a process for appointing a member of Council to act as Acting Mayor who shall act in the place and stead of the Mayor, when the Mayor is absent or refuses to act or the office is vacant, for the period of time for which they are appointed and with all the powers and duties of the Mayor, while so acting. (2/28/FAC)

Bill No. 477, By-law No. A-41-amend

A by-law to amend By-law A-41 entitled, “A by-law to provide for the Rules of Order and Procedure for the Council of The Corporation of the City of London” (2/28/FAC)

Bill No. 478, By-law No. S.-

A by-law to permit I.F. Propco Holdings (Ontario) 31 Ltd. to maintain and use an encroachment upon the road allowance for York Street, City of London. (City Solicitor)

Bill No. 479, By-law No. S.-

A by-law to permit BSN Group London Corporation to maintain and use an encroachment upon the road allowance for Dufferin Avenue, City of London. (City Solicitor)

Bill No. 480, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Hyde Park West – Phase 1; Plan No. 33M-541) (Director of Water Engineering & City Engineer)

Bill No. 481, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Hyde Park West – Phase 2; Plan No. 33M-550) (Director of Water Engineering & City Engineer)

Bill No. 482, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Hyde Park Woods – Phase 3; Plan No. 33M-535) (Director of Water Engineering & City Engineer)

Bill No. 483, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Foxwood Crossing – Phase 1; Plan No. 33M-546) (Director of Water Engineering & City Engineer)

Bill No. 484, By-law No. W-7-amend

A by-law to amend By-law W-7 entitled, “A by-law to provide for the setting of rates and charges for water supply in the City of London.”  (1/36/CW)

Bill No. 485, By-law No. WM-26-amend

A by-law to amend By-law WM-26 entitled, “A by-law to establish the Schedule of Sewer System Fees and Charges.” (2/36/CW)

Bill No. 486, By-law No. Z.-1-112056

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1671 and 1755 Fanshawe Park Road.  (2/27/BNEC)

Bill No. 487, By-law No. Z.-1-112057

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning on a portion of the land located at 1311 Wharncliffe Road South. (7/27/BNEC)

Bill No. 488, By-law No. Z.-1-112058

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning on land located at 149, 153 and 187 Southdale Road West.  (8/27/BNEC)

Bill No. 489, By-law No. Z.-1-112059

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1021 Wonderland Road South. (17/27/BNEC)

Bill No. 490, By-law No. Z.-1-112060

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1780 Commissioners Road West and 1788 Sumac Way. (18/27/BNEC)

Bill No. 491, By-law No. S.-

A by-law to relocate part of Old Victoria Road south of Bradley Avenue in the City of London. (Chief Surveyor)

Bill No. 492, By-law No. Z.-1-112061

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1509 Commissioners Road East. (1/28/BNEC)

XIII

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor P. Hubert and seconded by Councillor M. Brown, that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

a)

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

b)

A matter pertaining to the security of City staff and facilities.

c)

A matter pertaining to employee negotiations, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instruction and direction to officers and employees of the Corporation.

d)

A matter pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board.

e)

A matter pertaining to litigation or potential litigation affecting the municipality and subject to solicitor-client privilege, including communications necessary for that purpose.

f)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for the purpose and consideration of potential litigation affecting the municipality with respect to records subject to solicitor-client privilege and potential litigation regarding an injunction.

g)

A matter being considered pertaining to litigation or potential litigation with respect to the appeals of Futurestreets Inc. to the Ontario Municipal Board, Case No. PL100332, from the decision of Municipal Council to approval Official Plan Amendment No. 475 and pass zoning by-law Z.-1-101908 in respect of 1510 Hamilton Road; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the appeals of Futurestreets Inc. to the Ontario Municipal Board, Case No. PL100332 from the decision of Municipal Council to approve Official Plan Amendment No. 475 and pass zoning by-law Z.-1-101908 in respect of 1510 Hamilton Road.

h)

A matter being considered pertaining to litigation or potential litigation with respect to the appeal of London Property Management Association to the Court of Appeal for Ontario from the Judgment of Madam Justice Leitch released September 30, 2011 upholding By-law C.P.-19; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with to the appeal of London Property Management Association to the Court of Ontario for Ontario from the Judgment of Madam Justice Leitch released September 30, 2011 upholding By-law C.P.-19; and giving instructions and directions to the solicitors of the municipality in connection with the appeal of London Property Management Association to the Court of Appeal for Ontario.

i)

A matter pertaining to personal matters about an identifiable individual,  including municipal or local board employees, with respect to the 2012  Mayor’s New Year’s Honour List for the “Humanitarianism” category.

j)

A matter pertaining to personal matters about an identifiable individual,  including municipal or local board employees, with respect to the 2012  Mayor’s New Year’s Honour List for the “Arts” category.

k)

A matter pertaining to personal matters about an identifiable individual, including municipal or local board employees, with respect to the 2012  Mayor’s New Year’s Honour List for the “Environment” category.

l)

A matter pertaining to personal matters about an identifiable individual, including municipal or local board employees, with respect to the 2012  Mayor’s New Year’s Honour List for the “Diversity and Race Relations” category.

m)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the naming of London’s newest baseball team.

16.

Naming of London’s Newest Baseball Team

Motion made by Councillor D.G. Henderson and seconded by Councillor H.L. Usher that clause 16 of the 28th Report of the Finance and Administration Committee BE REFERRED to the Civic Administration for further review.

Motion Passed

YEAS: B. Polhill, W.J. Armstrong, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (7)

NAYS: J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, (6)

Clause 16, as referred back to the Civic Administration, reads as follows:

That the following message BE RELAYED today, to the team owner of London’s newest baseball team, and that the owner be given an opportunity to respond to these community concerns:

“London City Council wishes to express serious concerns about the name of London’s newest baseball team.  While it accepts that the team owner’s intention may not have been to draw a connection to “Jack the Ripper”, it believes the name is not appropriate for our community, particularly in light of our focus on ending woman abuse.”

XIV

ADJOURNMENT