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Council

MINUTES

18th MEETING

 

October 24, 2011

 

The Council meets in Regular Session in the Council Chambers this day at 5:00 p.m.

 

PRESENT: Mayor J.F. Fontana, Councillors 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, 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, G. Belch, J. Braam, J. Fleming, E. Gamble, J. Kobarda, B. Krichker, I. Mackay, V. McAlea Major, J. Page, L.M. Rowe, R. Skinner, J.W. Taylor and B. Westlake-Power.

 

ABSENT: Councillor J.P. Bryant

 

I

RECOGNITIONS

 

1.

His Worship the Mayor presents a plaque for "London's Featured Company" to Mr. Kwang Yew, V.P. and General Manager of CS Automotive Tubing Inc.

 

2.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to Mike Petrenko, Linda Branderhorst, Mike Godin, and Michele Van Beers representing The Canadian Mental Health Association London-Middlesex.

 

His Worship the Mayor introduces the London Lightning basketball team.

 

II

DISCLOSURES OF PECUNIARY INTEREST

308.

 

Councillor N. Branscombe discloses a pecuniary interest in clause 16 of the 25th Report of the Finance and Administration Committee, having to do with the Airport Cargo Terminal, by indicating that her husband owns and operates a business in the immediate vicinity of the project.

 

309.

 
Councillor D. Brown discloses a pecuniary interest in clause 3 of the 17th Report of the Community and Neighbourhoods Committee, having to do with the Taxi/Limousine By-law review, by indicating that her employer has a taxi division.  Councillor D. Brown further discloses a pecuniary interest in clauses 14 and 15 of the 17th Report of the Community and Neighbourhoods Committee having to do with the proposed National Public Transit Strategy and Voyageur vehicles, respectively, by indicating that her employer has a contract with the London Transit Commission.

 

310.

 
Councillor P. Van Meerbergen discloses a pecuniary interest in clause 10 of the 17th Report of the Community and Neighbourhoods Committee, having to do with the childcare fee subsidy, by indicating that his wife owns and manages a daycare. 

 

311.

 
III

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SIXTEENTH AND SEVENTEENTH MEETINGS HELD ON OCTOBER 3, 2011 AND OCTOBER 4, 2011, RESPECTIVELY

 

Motion made by P. Van Meerbergen and seconded by D. Brown to amend the Minutes of the Seventeenth Meeting with respect to the Report clauses of the 31st Report of the Committee of the Whole to correct the recorded voting results with respect to clauses 4(b) and 4(c), so that they read as follows:

 

The Committee of the Whole held a recorded vote on part (b) of clause 4 of this report, with respect to the Financing: Future Capital Initiatives. The members voting as follows:

YEAS: Mayor Fontana, Councillors Swan, M. Brown, Hubert, Usher, Bryant and White. (7)

NAYS: Councillors Polhill, Orser, Henderson, Van Meerbergen and D. Brown. (5)

 

The Committee of the Whole held a recorded vote on part (c) of clause 4 of this report, with respect to the Financing: Future Capital Initiatives. The members voting as follows:

YEAS: Councillors Polhill, Swan, M. Brown, Hubert, Henderson, Van Meerbergen, Usher and Bryant. (8)

NAYS: Mayor Fontana, Councillors Orser, D. Brown and White. (4)

 

Motion Passed

 

Motion made by Councillor B. Polhill and seconded by Councillor J.B. Swan to Approve the Minutes of Sixteenth Meeting, held on October 3 and the Seventeenth Meeting, as amended, held on October 4, 2011.

 

Motion Passed

312.

 

IV

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

            None.

313.

 
 


V

COMMUNICATIONS AND PETITIONS

 

1.

City Clerk advising that the following zoning by-laws have come into force and effect, namely:

 

a)

By-law No. Z.-1-112042 to amend By-law No. Z.-1 to rezone an area of land located at 2310, 2330, 2350 and 2362 Dundas Street; and

 

b)

By-law No. Z.-1-112043 to amend By-law No. Z.-1 to rezone an area of land located at 2430 Bradley Avenue.

 

2.         Councillor H. Usher – Bill C-615 – An Act to Establish a National Public Transit Strategy.  (Referred to the Community and Neighbourhoods Committee Stage for Consideration with Clause 14 of the 17th Report of the Community and Neighbourhoods Committee.)

 

3.         a)         G. Thompson, President, The Urban League of London – Hydro Shared    Utilities Model;

 

            b)         R. McMaster, 46 Briscoe Street – Hydro Shared Utilities Model;

 

            c)         D. Sheppard, E-mail – Hydro Shared Utilities Model;

 

d)         R. Bezner Kerr, Department of Geography, UWO – Hydro Shared Utilities Model; and

 

            e)         M. Does, E-mail – Hydro Shared Utilities Model.                  

 

(Referred to the Finance and Administration Committee Stage for Consideration with Clause 2 of the 25th Report of the Finance and Administration Committee.)

314.

 
 


VI

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

315.

 
 


VII

ADDED REPORTS

 

            1.         26th Report of the Finance and Administration Committee

 

VIII

REPORTS

 

316.

 

Community and Neighbourhoods Committee

Councillor H. Usher presents the 17th Report

 

1.

Request to Rename Queen Street Bridge to Wolseley Bridge

 

Motion made by Councillor H. Usher to Approve that the following actions be taken with respect to the renaming of  Queen Street Bridge to Wolseley Bridge:

 

(a)       on the recommendation of the City Clerk, NO ACTION BE TAKEN with respect to the request to rename and dedicate the Quebec Street Bridge to “Wolseley Bridge”; it being noted that there is concern raised by emergency services with respect to the potential confusion with Wolseley Avenue; and,

 

(b)       the Civic Administration BE REQUESTED to:

 

(i)         consult with the appropriate representatives of the Area Support Unit London to investigate a proposed alternative name for the Quebec Street Bridge, that recognizes our military’s past and present in London, and meets the requirements as set out in Council Policy 3(7), entitled “Naming/Renaming or Dedicating of Municipal Property, Buildings and Park Elements”; and,

 

(ii)        bring forward the proposed alternative name identified in (b)(i), above, to the appropriate Standing Committee, for consideration, in accordance with the approval process as defined in Policy 3(7).  (2011-D17-00/S08-00)

 

Motion Passed

 

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

 

2.

Material Recovery Facility Competitive Bid Principles

 

Motion made Councillor H.L. Usher to Approve that, on the recommendation of the Director of Environmental Programs and Solid Waste, the following actions be taken with respect to providing competitive bids for Blue Box processing services to other municipalities:

 

(a)       the principles outlined in the attached ‘Appendix A’ be used to establish pricing to respond to Requests for Proposals (RFPs) and Tenders from other municipalities to provide Blue Box processing services BE APPROVED;

 

(b)       the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011, to delegate to the Executive Director of Planning, Environmental and Engineering Services, the authority to prepare and submit bids responding to competitive RFPs or Tenders to provide Blue Box processing services to other municipalities;

 

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

 

(d)       the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee related to the outcome of any proposal or bid submitted to provide Blue Box processing services; and,

 

(e)       subsequent to the City being awarded a RFP or Tender, the Mayor and City Clerk BE AUTHORIZED to execute all documents that are necessary in connection with the matter.  (2011-W08-00)

 

Motion Passed

 

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

 

3.

Taxi/Limousine By-law Review - Response to Information Request

 

Motion made by Councillor H.L. Usher to Approve that the following actions be taken with respect to the Taxi/Limousine By-Law review:

 

(a)       the Public Participation Meeting relating to the proposed Taxi/Limousine By-law scheduled for November 29, 2011, BE HELD at Centennial Hall; and,

 

(b)       the information Report, dated October 18, 2011, from the Director of Building Controls and Chief Building Official, and the communication, dated October 18, 2011, from J. R. Donnelly, Vice-President and Chief Operation Officer, Aboutown, with respect to the proposed changes to the Taxi/Limousine By-law, BE REFERRED to the Public Participation meeting as noted in (a) above;

it being noted that the above-noted information report is in response to the direction of the Municipal Council for additional information.  (2011-P10-02)

 

Motion made by Councillor P. Hubert and seconded by Councillor N. Branscombe to Amend in part (b) of clause 3 by replacing the words, “BE REFERRED to the Public Participation Meeting as noted in (a) above;” with the words, “BE RECEIVED and part 3.1(w) of Schedule B of the proposed by-law BE REMOVED and the practice of hailing be continued, as it has in the past; it being noted that this issue is outside the scope of December 2010 direction of Council.”

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, S.E. White (9)

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

RECUSED: D. Brown (1)

 

Motion made by Councillor S. Orser and seconded by Councillor S. White to further Amend clause 3 by adding a new part (c) to prohibit plate leasing. 

 

Pursuant to section 11.6 of the Council Procedure By-law, the motion is withdrawn, at the joint request of the mover and seconder, and with the consent of the Council.

 

The motion to adopt part (b) of clause 3, as amended, is put.

 

Motion Passed

 

The motion to adopt part (a) of clause 3 is put.

 

Motion Passed

 

Clause 3, as amended, reads as follows:

 

That the following actions be taken with respect to the Taxi/Limousine By-Law review:

 

(a)       the Public Participation Meeting relating to the proposed Taxi/Limousine By-law scheduled for November 29, 2011, BE HELD at Centennial Hall; and,

 

(b)       the information Report, dated October 18, 2011, from the Director of Building Controls and Chief Building Official, and the communication, dated October 18, 2011, from J. R. Donnelly, Vice-President and Chief Operation Officer, Aboutown, with respect to the proposed changes to the Taxi/Limousine By-law, BE RECEIVED and part 3.1(w) of Schedule B of the proposed by-law BE REMOVED and the practice of hailing be continued, as it has in the past; it being noted that this issue is outside the scope of December 2010 direction of Council;

 

it being further noted that the above-noted information report is in response to the direction of the Municipal Council for additional information.

 

Motion made by Councillor M. Brown and seconded by Councillor B. Polhill that pursuant to section 7.3 of the Council Procedure By-law, the order of business be changed to permit the consideration of clause 2 of the 25th Report of the Finance and Administration Committee, at this time.

 

Motion Passed

 

317.

 

Finance and Administration Committee

Councillor P. Hubert presents the 25th Report

 

2.

Verbal presentation from Don Lowry, President and CEO, Joe Gysel, Guy Bridgeman and Doug Walton, EPCOR with respect to Hydro Shared Utilities Model

 

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to the attached presentation from London Hydro and EPCOR with respect to a Hydro Shared Utilities Model:

 

(a)       the presentation from Peter Johnson, Chair, London Hydro Inc. and Don Lowry, President and CEO, EPCOR BE RECEIVED; and

 

(b)       the City and London Hydro BE AUTHORIZED to enter into a “Cooperation Agreement” with EPCOR, allowing the parties a period of time to explore a partnering arrangement on an exclusive and confidential basis, with the draft Agreement to be reviewed by the City Solicitor and brought back to the Municipal Council for approval.

 

At 5:50 p.m., his Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

 

Motion made by Mayor J. Fontana and seconded by Councillor B. Polhill to Amend clause 2 by replacing it with the following new part (b):

 

“(b)      consideration of entering into a “Cooperation Agreement” with EPCOR BE DEFERRED until after the Civic Administration has reported back to the Municipal Council with respect to the potential for a shared utilities model and the Municipal Council has made a decision thereon.”

 

Motion made by Councillor N. Branscombe and seconded by Councillor B. Armstrong that pursuant to section 9.6 of the Council Procedure By-law, Councillor J.L. Baechler be permitted to speak longer than 5 minutes with respect the presentation from London Hydro and EPCOR related to a Shared Utilities Model.

 

Motion Passed

 

Pursuant to section 11.6 of the Council Procedure By-law, the motion to Amend clause 2, by replacing part (b), moved by Mayor J. Fontana and seconded by Councillor B. Polhill is, at the joint request of the mover and seconder and with the consent of Council, withdrawn. 

 

Motion made by Councillor N. Branscombe and seconded by Councillor P. Hubert to Amend clause 2 by replacing part (b), with the following:

 

            “(b)      the principles (with respect to a shared utility model) as stated in the resolution adopted by Council on October 3, 2011, BE REAFFIRMED.”  

 

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown that pursuant to section 9.6 of the Council Procedure By-law, Councillor H.L. Usher be permitted to speak longer than 5 minutes with respect the presentation from London Hydro and EPCOR related to a Shared Utilities Model.

 

Motion Passed

 

At 6:01 p.m., his Worship the Mayor resumes the Chair and Councillor P. Hubert takes his seat at the Council Board.

 

At 6:52 p.m., his Worship the Mayor places Councillor M. Brown in the Chair and takes a seat at the Council Board.

 

At 7:01 p.m., his Worship the Mayor resumes the Chair and Councillor M. Brown takes his seat at the Council Board.

 

The motion to adopt the amendment to part (b) is put.

 

Motion Passed

 

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

NAYS: D.G. Henderson, P. Van Meerbergen, D. Brown (3)

 

Motion made by Councillor P. Hubert to Approve part (a) of clause 2.

 

Motion Passed

 

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

 

Motion made by Councillor P. Hubert to Approve part (b) of clause 2, as amended.

 

Motion Passed

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

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

 

Clause 2, as amended, reads as follows:

 

That the following actions be taken with respect to the attached presentation from London Hydro and EPCOR with respect to a Hydro Shared Utilities Model:

 

(a)       the presentation from Peter Johnson, Chair, London Hydro Inc. and Don Lowry, President and CEO, EPCOR BE RECEIVED; and

 

(b)       the principles (with respect to a shared utility model) as stated in the resolution adopted by Council on October 3, 2011, BE REAFFIRMED.

 

Motion made by Councillor P. Hubert and seconded by Councillor J.B. Swan that Council recess.   

 

Motion Passed

 

The Council recesses at 7:07 p.m. and reconvenes at 7:53 p.m. with all Members present except Councillors Branscombe, Van Meerbergen and Bryant.

 

318.

 

17th Report of the Community and Neighbourhoods Committee (continued)

 

4.

Registration of Marine Rescue Boats

 

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Fire Chief, and with the concurrence of the Executive Director of Community Services, the attached proposed By-law (Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011, to:

 

(a)       authorize the Fire Chief, or designate, to prepare the necessary documents to register various City of London Fire Services rescue boats in the Canadian Register of Vessels small vessel register, in compliance with the Canada Shipping Act, 2001, or any successor legislation; and,

 

(b)       authorize the Mayor and the City Clerk to execute and seal the necessary documents that have been prepared by the Fire Chief, or designate, in section (a) above.

 

Motion Passed

 

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

 

5.

Investment in Affordable Housing for Ontario Approval of Administration Agreement

 

Motion made by Councillor H.L. Usher to Approve that, on 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 Investment in the Affordable Housing (IAH) Program:

 

(a)       the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011, to authorize an Administration Agreement between The Corporation of the City of London and the  Minister of Municipal Affairs and Housing, substantially in the form of an agreement appended to the by-law and to the satisfaction of the City Solicitor; and,

 

(b)       the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement in section (a) above.

 

Motion Passed

 

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

 

6.

London CAReS Contribution Agreement - Outreach Services Addiction Services of Thames Valley

 

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Director of Social and Community Support Services and with the concurrence of the Executive Director of Community Services, the attached proposed By-law (Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011, to:

           

(a)       approve the Contribution Agreement between the City and Addiction Services of Thames Valley, under the London CAReS Program;

 

(b)       authorize the Mayor and Clerk to execute the Contribution Agreement approved in (a) above; and,

 

(c)       authorize the Executive Director of Community Services to act under certain sections of the Contribution Agreement approved in (a) above.

 

Motion Passed

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

 

7.

Licence Agreement - Girl Guides of Canada - Guides Du Canada

 

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Director of Neighbourhood & Children’s Services, with the concurrence of the Executive Director of Community Services, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011, to:

 

(a)       approve the Licence Agreement between The Corporation of the City of London and the Girl Guides of Canada – Guides du Canada, for permission to use portions of the Boyle Memorial Community Centre for the purpose of program and storage space; and,

 

(b)       authorize the Mayor and Clerk to execute the Licence Agreement in (a) above.

 

Motion Passed

 

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

 

8.

Request for Proposal 11-14 Supply and Delivery of Fire Department Fire Apparatus

 

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Fire Chief, with the concurrence of the Executive Director, Community Services, the following actions be taken with respect to the supply and delivery of Fire Department fire apparatus (RFP 11-14):

 

(a)       the proposal submitted by Carl Thibault Fire Trucks Inc., 38 Thibault Street, Pierreville, PQ., for the supply and delivery of three (3) pumper rescues in the amount of $1,455,886 (HST extra), BE ACCEPTED;

 

(b)       the funding for this purchase BE APPROVED as set out in the Source of Finance 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 purchase;

 

(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)       the Fire Chief BE AUTHORIZED to establish a practice of retaining one (1) fire apparatus that has been retired from the frontline fleet for the purposes of training; it being noted that this represents an increase of one (1) vehicle to the fire department fleet and an annual budget impact of $5,000, that will be accommodated within the existing Fire Service Fleet Budget.

 

Motion Passed

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

 

9.

Advisory Committee on the Environment - Advisory Committee Review

 

Motion made by Councillor H.L. Usher to Approve that, notwithstanding the recommendation of the Advisory Committee on the Environment (ACE), clause 1 of the 9th Report of the ACE BE REFERRED to the City Clerk for consideration with the Advisory Committee Review currently being undertaken:

 

Clause 1 read as follows:

 

“1.        That the Civic Administration BE REQUESTED to include the addition of climate change mitigation in the Terms of Reference for the Advisory Committee on the Environment.”

 

Motion Passed

 

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

 

10.

Child Care Fee Subsidy

 

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Child Care Advisory Committee (CCAC), the Mayor BE ASKED to send a letter to the Minister of Education requesting additional provincial funding for childcare fee subsidy, noting that the London waitlist is projected to be over 600 by November 2011.

 

Motion Passed

 

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

 

11.

Emerald Ash Borer (EAB) Management Strategy

 

Motion made by Councillor H.L. Usher to Approve that, notwithstanding the recommendation of the Trees and Forests Advisory Committee (TFAC), clause 1 of the 8th Report of the TFAC BE REFERRED to the Services Review Committee for consideration, in conjunction with its current review of the Emerald Ash Borer (EAB) Management Strategy:

 

Clause 1 reads as follows:

 

“1.        That, recognizing that the City of London should aim to at least maintain its current level of leaf cover, the Civic Administration BE REQUESTED to use a diameter-ratio replacement method to determine the ash tree replanting rate; it being noted that based on the City of London’s street tree data, this equates to a replant ratio of 3:1 trees for every tree removed, even with the 3:1 ratio, it will not recapture the lost leaf cover for up to 20 years.  Should a 3:1 ratio not be financially obtainable, a 2:1 ratio should be the absolute minimum amount of loss the City should accept; it being further noted that the Trees and Forests Advisory Committee (TFAC) reviewed and received a Report, dated September 27, 2011, from the Executive Director of Planning, Environmental and Engineering Services and heard the attached presentation, dated September 27, 2011, from the Manager of Urban Forestry, with respect to the Emerald Ash Borer Management Strategy.”

 

Motion Passed

 

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

 

At 7:57 p.m., Councillor N. Branscombe enters the meeting.

 

12.

Naming of Tolpuddle Park

 

Motion made by Councillor H.L. Usher to Approve that the attached communication dated October 6, 2011, from Councillor J. Bryant, with respect to a request that the proposed park located in the Cedar Hollow development be officially named “Tolpuddle Park”, BE REFERRED to the Civic Administration for consideration and review.  (2011-E07-00)

 

Motion Passed

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

 

13.

Next Steps - Addressing Public Comments and Direction - Expanding the Scope of Animal Welfare Initiatives

 

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Director of Environmental Programs and Solid Waste, the following actions be taken with respect to the next steps in addressing the public comments and the direction in expanding the scope of City of London animal welfare initiatives:

 

(a)       the Civic Administration BE AUTHORIZED to prepare and release a Request for Expression of Interest (REOI) for service providers interested and qualified to perform activities in one or more of the following areas:

 

•           education and awareness services for responsible pet ownership (adults and children);

•           coordination of community-based animal welfare initiatives (including trap, neuter, return program for cats, volunteer coordination);

•           fostering and adoption facility(ies) and program for stray cats;

•           fostering and adoption facility(ies) and program for stray dogs;

•           pet identification (licensing) system;

•           animal services community patrol;

•           by-law enforcement; and,

•           shelter facility for stray and impounded animals;

 

(b)       the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with (a) above;

 

(c)       the Civic Administration BE DIRECTED to report back on the outcome of the REOI process at a future meeting of the appropriate Standing Committee;

 

(d)       the Civic Administration BE DIRECTED to examine short and long-term shelter solutions in other jurisdictions, using different models such as public/private partnerships, public/not-for-profit partnerships, privately and publicly owned options, and report on these details to Community and Neighbourhoods Committee in November 2011;

 

(e)       the Civic Administration BE DIRECTED to examine community-based models for coordinating and managing a variety of animal welfare initiatives including potential financial arrangements;

 

(f)        the following Phase 1 Work Plan for 2011/2012 BE APPROVED; it being noted that the other animal welfare items identified in the July 25, 2011 Municipal Council resolution will be addressed as part of the Phase 2 Work Plan and submitted at a future meeting of the appropriate Standing Committee:

 

2011/2012 Phase 1 Work Plan Activity Areas

Proposed Timeframe

Enhance community-based adoption programs for cats and dogs

Ongoing

Maximize spay/neuter opportunities within existing approved funds and examine partnerships for high-volume spay/neuter programs

Ongoing

Release a Request for Expression of Interest (REOI) for service providers interested and qualified to perform activities in various animal service areas

November 2011 to February 2012

Examine short and long-term shelter solutions in other jurisdictions using different models such as public/private partnerships; public/not-for-profit partnerships, privately owned, and publicly owned options

November 2011

Examine community-based models for coordinating and managing a variety of animal welfare initiatives including potential financial arrangements

December 2011 to February 2012

Submit briefing details to the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM) regarding municipal perspectives on the future of animal services and the need for changes at the municipal level

January 2012

Evaluate options for financing animal services including the role of fees for licenses, tags and microchips

December 2011 to February 2012

Prepare details to help Londoners make better decisions when it comes to obtaining a new pet (Responsible Pet Purchasing)

March 2012

 

(g)          the remainder of this report BE RECEIVED as information for the continued dialogue on expanding the scope of animal welfare initiatives in the city;

 

(h)        the report dated October 18, 2011, from the Director, Environmental Programs and Solid Waste BE REFERRED to the Animal Welfare Advisory Committee for information; and,

 

(i)            the Civic Administration BE REQUESTED to consider engaging the public, throughout this process, by way of public participation meetings and/or focus groups, as required;

 

it being noted that the Community and Neighbourhoods Committee heard the attached presentation from the Director of Environmental Programs and Solid Waste, as well as heard verbal delegations from Councillors B. Polhill and J. Swan, with respect to this matter.(2011-P04-00)

 

Motion Passed

 

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

 

At 7:59 p.m., Councillor P. Van Meerbergen enters the meeting.

 

14.

Bill C-615- An Act to Establish a National Public Transit Strategy

 

Motion made by Councillor H.L. Usher to Approve that the Mayor BE ASKED to write a letter of support related to the attached communications, dated September 16, 2011 and October 17, 2011, from F. R. Berry, Chair, London Transit Commission, and L. Ducharme, London Transit Commission, respectively, with respect to Bill C-615, an Act to establish a National Public Transit Strategy.  (2011-S11-00)

 

Motion Passed

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

 

RECUSED: D. Brown (1)

 

15.

59 Wistow Street - Voyageur Vehicles Blocking Driveway

 

Motion made by Councillor H.L. Usher to Approve that the attached communication, dated October 6, 2011, from H. Bernat, 57 Wistow Street, with respect to Voyageur vehicles blocking his driveway while picking up residents of Participation House located at 59 Wistow Street, BE REFERRED to the Civic Administration and the London Police Services Board for review of Mr. Bernat’s parking and speeding concerns, as well as a review of the feasibility of accessible parking at 59 Wistow Street and traffic calming measures for the area; it being noted that the Community and Neighbourhoods Committee (CNC) heard a verbal delegation from H. Bernat, and received communications, dated November 10, 2010 and October 18, 2011, from L. E. Ducharme, General Manager, London Transit Commission, and S. Maguire, Division Manager, Parking and Traffic Signals, respectively, with respect to this matter.  (2011-P07-00)

 

Motion Passed

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

RECUSED: D. Brown (1)

 

The Chair directs that the following report clauses be received for information:

 

16.

8th Report of the Accessibility Advisory Committee

 

That the Community and Neighbourhoods Committee reviewed and received the 8th Report of the Accessibility Advisory Committee from its meeting held on September 22, 2011.  (See Report attached.)

 

17.

9th Report of the Animal Welfare Advisory Committee

 

That the Community and Neighbourhoods Committee reviewed and received the 9th Report of the Animal Welfare Advisory Committee from its meeting held on September 27, 2011.  (See Report attached.)

 

 

18.

6th Report of the Community Safety & Crime Prevention Advisory Committee

 

That the Community and Neighbourhoods Committee reviewed and received the 6th Report of the Community Safety and Crime Prevention Advisory Committee from its meeting held on September 22, 2011.  (See Report attached.)

 

 

19.

6th Report of the London Housing Advisory Committee

 

That the Community and Neighbourhoods Committee reviewed and received the 6th Report of the London Housing Advisory Committee from its meeting held on September 14, 2011.  (See Report attached.)

 

 

20.

Supply, Fitting, Adjustment and Repair of Opthalmic Spectacles - Tender 09-71

 

That the Community and Neighbourhoods Committee reviewed and received an information Report from the Director of Social and Community Support Services, with the concurrence of the Executive Director of Community Services and the Deputy City Treasurer, with respect to the supply, fitting, adjustment and repair of ophthalmic spectacles (Tender 09-71).

 

 

21.

9th Report of the Advisory Committee on the Environment

 

That the Community and Neighbourhoods Committee (CNC) reviewed and received clauses 2 to 9, inclusive, of the 9th Report of the Advisory Committee on the Environment from its meeting held on October 5, 2011.  (See Report attached.)

 

 

22.

4th Report of the Childcare Advisory Committee

 

That the Community and Neighbourhoods Committee (CNC) reviewed and received clauses 2 to 8, inclusive, of the 4th Report of the Child Care Advisory Committee from its meeting held on September 21, 2011.  (See Report attached.)

 

 

23.

8th Report of the Trees and Forests Advisory Committee

 

That the Community and Neighbourhoods Committee (CNC) reviewed and received clauses 2 to 8, inclusive, of the 8th Report of the Trees and Forests Advisory Committee from its meeting held on September 28, 2011.  (See Report attached.)

 

Motion Passed

 

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

319.

 

 

25th Report of the  Finance and Administration Committee (continued)

 

1.

10:10 AM PUBLIC PARTICIPATION MEETING - Repeal and Replacement of By-law No. A-38 - Council Procedure By-law

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Clerk, the following actions be taken with respect to the Council Procedure By-law:

 

(a)       the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on October 24, 2011 for the purpose of amending By-law No. A-38, the Council Procedure By-law, to change references to the title of Chief Administrative Officer to City Manager;

 

(b)       the attached revised proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting on October 24, 2011 for the purpose of repealing and replacing By-law No. A-38, the Council Procedure By-law, with a new Council Procedure By-law to take effect on December 1, 2011, to:

 

(i)         incorporate the new standing committee structure;

(ii)        reflect the introduction of electronic agendas;

(iii)       reflect the introduction of electronic voting;

(iv)       extend the time for the holding of a Council meeting that has been postponed for emergency situations from 3 days to 7 days;

(v)        provide additional clarification as to consent agendas; and

(vi)       make reference to the Council Code of Conduct;

 

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

 

Motion made by Councillor J.B. Swan and seconded by Councillor P. Hubert to Amend by adding a new part (c), as follows:

 

            “(c)      the Civic Administration BE DIRECTED report back with draft terms of reference for the new standing committees;”

 

Motion Passed

 

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

 

Motion made by Councillor P. Hubert to Approve clause 1, as amended.

 

Motion Passed

 

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

 

Clause 1, as amended, reads as follows:

 

That, on the recommendation of the City Clerk, the following actions be taken with respect to the Council Procedure By-law:

 

(a)       the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on October 24, 2011 for the purpose of amending By-law No. A-38, the Council Procedure By-law, to change references to the title of Chief Administrative Officer to City Manager;

 

(b)       the attached revised proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting on October 24, 2011 for the purpose of repealing and replacing By-law No. A-38, the Council Procedure By-law, with a new Council Procedure By-law to take effect on December 1, 2011, to:

 

(i)         incorporate the new standing committee structure;

(ii)        reflect the introduction of electronic agendas;

(iii)       reflect the introduction of electronic voting;

(iv)       extend the time for the holding of a Council meeting that has been postponed for emergency situations from 3 days to 7 days;

(v)        provide additional clarification as to consent agendas; and

(vi)       make reference to the Council Code of Conduct;

 

(c)       the Civic Administration BE DIRECTED report back with draft terms of reference for the new standing committees;

 

 

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

 

3.

10:30 AM  Tax Division Agenda

 

Motion made by Councillor P. Hubert to Approve that the recommendations in the Tax Adjustment Agenda dated October 19, 2011 BE APPROVED; it being noted that at the public hearing associated with the Agenda, no members of the public came forward to speak to the items contained therein.

 

Motion Passed

 

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

 

4.

City Manager - Agreement with the Province of Ontario for Creative Community Prosperity Funding to Develop a Cultural Prosperity Plan and Cultural Profile / Cultural Mapping Project

 

Motion made Councillor P. Hubert to Approve that, on the recommendation of the City Manager, the attached proposed by-Law (Appendix A) BE INTRODUCED at the Municipal Council meeting of October 24, 2011 to:

 

(a)       approve the agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Tourism and Culture, to obtain Provincial funding of $100,000 to develop a cultural prosperity plan and cultural profile / cultural mapping project; and

 

(b)        authorize the Mayor and the City Clerk to execute the Agreement in (a) above.

 

Motion Passed

 

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

 

5.

City Clerk - Council Members' Expense Account

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Clerk, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on October 24, 2011 for the purpose of amending Council Policy 28(2), being the Council Members’ Expense Account Policy, to adjust the annual expense allocation for each Council Member by an equal share of the annual amount budgeted for reimbursement of claims for local City business travel, in order to amalgamate the two allocations into one lump sum, effective January 1, 2012 and to reflect the elimination of the Board of Control.

 

Motion Passed

 

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

 

6.

City Clerk - 2010 Municipal Election

 

Motion made by Councillor P. Hubert to Approve that the communication dated October 7, 2011 from the City Clerk with respect to candidates who were in default of filing their financial statements for the 2010 Municipal Election BE RECEIVED.

 

Motion Passed

 

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

 

 

 

 

 

7.

Managing Director - Corporate Assets - Lease Agreement between the City and Thames Valley District School Board - London Environmental Education Centre at the Wellington Road Tourist Information Centre Location

 

Motion made by Councillor P. Hubert 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 London Environmental Education Centre:

 

(a)       the City BE AUTHORIZED to enter into a five (5) year land lease with the Thames Valley District School Board (TVDSB) covering the use of an area behind the City’s Wellington Road Tourist Information Centre building where two portable classrooms are currently located at 696 Wellington Road, subject to the following conditions:

 

(i)         the subject lands to be used as a London Environmental Education Centre;

 

(ii)        the TVDSB agreeing to pay to the City a rental rate of $6,600.00 per annum plus utilities;

 

(iii)       the TVDSB having the use of the washrooms in the Wellington Road Tourist Information Centre; and

 

(iv)       the TVDSB having periodic use of the meeting room in the Wellington Road Tourist Information Centre at an additional charge of $100.00 per half day; and

 

(b)       the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on October 24, 2011, to approve the lease of lands to the Thames Valley District School Board and to authorize the Mayor and the City Clerk to execute the Lease Agreement.  (2011-L16-01)

 

Motion Passed

 

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

 

8.

Director of Intergovernmental and Community Liaison - AMO Annual General Meeting, Conference and Trade Show 2011

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Director of Intergovernmental and Community Liaison, the report dated October 19, 2011 with respect to the Association of Municipalities of Ontario (AMO) Annual General Meeting, Conference and Trade Show 2011 BE RECEIVED for information.

 

Motion Passed

 

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

 

9.

Director of Intergovernmental and Community Liaison - Request for Proposal - Host for AMO Annual General Meeting - Conference and Trade Show 2014, 2015, 2016

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Director of Intergovernmental and Community Liaison, the Mayor and Civic Administration BE AUTHORIZED to submit a proposal for the City of London to host the Association of Municipalities of Ontario (AMO) Annual General Meeting, Conference and Trade Show for 2014, 2015 and 2016, including an undertaking that the City of London will:

 

(a)        host and finance the Welcome Reception;

(b)       provide volunteers to assist with the collation of delegate kits, and to guide companion program tours, study tours and other tasks;

(c)       provide a local planning committee which will develop study tours and companion tours;

(d)        provide shuttle buses between hotels, if necessary;

(e)        provide study tour and companions program buses; and

(f)        provide civic greetings to delegates from the Mayor.

 

Motion Passed

 

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

 

10.

Chief Technology Officer - Cellular Services - Single Source

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Chief Technology Officer, with the concurrence of the City Manager, the following actions be taken with respect to the provisioning of cellular services for The Corporation of the City of London:

 

(a)       the Civic Administration BE AUTHORIZED  to enter into negotiations for a month to month extension of the cellular services contract with Rogers Wireless Inc., 700-40 Weber St. East, Kitchener, Ontario, N2H 6R3;

 

(b)       the Civic Administration BE AUTHORIZED to undertake all the necessary administrative acts in connection with this matter, including the execution of an Agreement; and

 

(c)       the approval of clause (b) above  BE CONDITIONAL upon the Corporation negotiating satisfactory prices, terms and conditions with Rogers Wireless to the satisfaction of the Chief Technology Officer and the Manager of Purchasing and Supply.

 

Motion Passed

 

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

 

11.

Division Manager, Fleet Services & Departmental Resources - Tender 11-88 Supply & Delivery of Crew Cab & Chassis

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Division Manager of Fleet Services and Departmental Resources:

 

(a)       the tender for the supply and delivery of two (2) Crew Cab & Chassis submitted by Carrier Centers, 90 Enterprise Drive, London, Ontario N6N 1A8 at their tendered price of $154,600.00 (excluding HST), BE ACCEPTED;

 

(b)       the funding for this purchase 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 administrative acts which are necessary in connection with this award; and

 

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

 

Motion Passed

 

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

 

12.

City Treasurer, Chief Financial Officer - 2012 Budget "APP" Contest

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, Civic Administration BE AUTHORIZED to provide a conditional grant of up to $10,000 to UnLondon, a local nonprofit organization, for the purposes of hosting a contest to create budget-related technology applications (“apps”); it being noted that funding for this grant can be accommodated within existing operating budget.

 

Motion Passed

 

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

 

13.

City Treasurer, Chief Financial Officer - City of London's Aaa Credit Rating

 

Motion made by Councillor P. Hubert to Approve that the City Treasurer/Chief Financial Officer’s report dated October 19, 2011 with respect to the City maintaining its Aaa credit rating BE RECEIVED for information.

 

Motion Passed

 

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

 

14.

City Treasurer, Chief Financial Officer – Proposed Parking Garage – Competitive Bid Process Recommendation

 

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to Downtown parking:

 

(a)       consideration of the attached report of the City Treasurer, Chief Financial Officer and the attached related communications dated October 17, 2011 from S. Farhi with respect to undertaking a competitive bid process for the provision of parking spaces in the downtown BE REFERRED to a Special Meeting of the Finance and Administration Committee (FAC) to be held on Monday, October 24, 2011 at 4:00 p.m. in order for the City Treasurer, Chief Financial Officer to provide additional details to assist the FAC in its decision making;

 

(b)       a procurement policy BE DEVELOPED for the acquisition of Downtown parking by the City of London; and

 

(c)       the Code of Conduct for Council Members BE AMENDED to reference section 6.2 of the Procurement Policy pertaining to “Interference in the Procurement Process”. 

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

15.

J. Preston – Committee of Adjustment Appointment

 

Motion made by Councillor P. Hubert to Approve that the attached communication dated October 19, 2011 from J. Preston, with respect to his appointment to the Committee of Adjustment BE RECEIVED.

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

16.

Enquiry – Councillor Bryant – Airport Cargo Terminal Status

 

Motion made by Councillor P. Hubert to Approve that representatives of the London International Airport Authority and the London Economic Development Corporation BE REQUESTED to attend the November 2, 2011 meeting of the Finance and Administration Committee to provide an update on the Airport Cargo Terminal project, including details as to what economic benefits the community is realizing as a result of the project.

 

Motion made by Councillor J.B. Swan and seconded by Councillor M. Brown to Amend clause 16 in line 3 by deleting the words “Finance and Administration Committee” and by replacing them with the words “Investment and Economic Prosperity Committee”.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (11)

 

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

 

RECUSED: N. Branscombe (1)

 

Motion made by Councillor J.B. Swan to Approve 16, as amended.

 

Motion Passed

 

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

 

RECUSED: N. Branscombe (1)

 

Clause 16, as amended, reads as follows:

 

That representatives of the London International Airport Authority and the London Economic Development Corporation BE REQUESTED to attend the November 2, 2011 meeting of the Investment and Economic Prosperity Committee to provide an update on the Airport Cargo Terminal project, including details as to what economic benefits the community is realizing as a result of the project.

 

320.

 

Finance and Administration Committee

Councillor Hubert presents the 26th Report

 

1.

 Downtown Parking

 

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to Downtown Parking:

 

(a)          the Civic Administration BE DIRECTED to commence negotiations with the Tricar Group for the lease of a parking garage at King Street and Ridout Street;

 

(b)          the Civic Administration BE DIRECTED to obtain an appraisal and prepare a business plan with respect to the opportunity noted in (a), above;

 

(c)          the Civic Administration BE DIRECTED to report back with respect to (a) and (b) so that the matter can be considered as part of the upcoming Budget process;

 

(d)          the Civic Administration BE DIRECTED to update the City’s long-term parking plan and associated studies, including the financial plan associated therewith; and

 

(e)          the October 17, 2011 and October 20, 2011 communications from S. Farhi, related to downtown parking, BE NOTED AND FILED.

 

Motion made by Councillor D.G. Henderson and seconded by Councillor P. Van Meerbergen to Amend in part (b) by adding the words, "and legal issues" after the word “opportunity”.

 

At 8:37 p.m., his Worship the Mayor places Councillor Henderson in the Chair, and takes a seat at the Council Board.

 

Motion Passed

 

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

 

NAYS: J.B. Swan (1)

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor H.L. Usher requests that parts (a), (b) and (c) be called separately from parts (d) and (e). 

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor Swan requests separate vote on clause 1, part (b).

 

At 8:49 p.m., his Worship the Mayor resumes the Chair and Councillor Henderson takes his seat at the Council Board.

Motion made by Councillor P. Hubert to Approve part (a) of clause 1.

 

The motion to adopt the amendment to part (b) is put.

 

Motion Passed

 

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

 

NAYS: J.L. Baechler, M. Brown, D. Brown, H.L. Usher (4)

 

Motion made by Councillor P. Hubert to Approve part (b) of clause 1, as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, S. Orser, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (11)

 

NAYS: J.B. Swan, J.L. Baechler, M. Brown (3)

 

Motion made by Councillor P. Hubert to Approve part (c) of clause 1.

 

Motion Passed

 

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

 

NAYS: J.L. Baechler, M. Brown (2)

 

Motion made by Councillor P. Hubert to Approve parts (d) and (e) of clause 1.

 

Motion Passed

 

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

 

NAYS: J.L. Baechler (1)

 

Clause 1, as amended, reads as follows:

 

That the following actions be taken with respect to Downtown Parking:

 

(a)          the Civic Administration BE DIRECTED to commence negotiations with the Tricar Group for the lease of a parking garage at King Street and Ridout Street;

 

(b)          the Civic Administration BE DIRECTED to obtain an appraisal and prepare a business plan with respect to the opportunity and legal issues noted in (a), above;

 

(c)          the Civic Administration BE DIRECTED to report back with respect to (a) and (b) so that the matter can be considered as part of the upcoming Budget process;

 

(d)          the Civic Administration BE DIRECTED to update the City’s long-term parking plan and associated studies, including the financial plan associated therewith; and

 

(e)          the October 17, 2011 and October 20, 2011 communications from S. Farhi, related to downtown parking, BE NOTED AND FILED.

 

The Chair directs that the following report clause be noted:

 

2.         Proposed Parking Garage – Competitive Bid Process

 

That the Finance and Administration Committee received and noted a confidential information report dated October 24, 2011, from the City Solicitor, providing advice subject to solicitor-client privilege, with respect to downtown parking.

 

 

 

 

321.

 

Built and Natural Environment Committee

Councillor B. Polhill presents the 25th Report

 

1.

Hudson Boat Works – 2519 Fanshawe Park Road East (H-7950)

 

Motion made Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning and the Managing Director of Development Approvals, based on an application by Hudson Boat Works relating to the property located at 2519 Fanshawe Park Road East, the attached proposed by-law BE INTRODUCED at a future meeting of the Municipal Council 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 Light Industrial Special Provision (h-42*LI1(5)) Zone TO remove the “h-42” holding provision.

 

Motion Passed

 

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

 

2.

Sifton Properties Limited – 1451 Wharncliffe Road South – Andover Trails Subdivision Phase 3 (39T-05506)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning and Managing Director, Development Approvals Business Unit, based on the application of Sifton Properties Ltd. relating to the property located at 1451 Wharncliffe Road South, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 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, TO a Residential R1 (R1-5) Zone to remove the holding provision. 

 

Motion Passed

 

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

 

3.

Whitney Engineering Ltd. – 751 Fanshawe Park Road West (H-7904)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning, based on the application of Whitney Engineering Inc. relating to the property located at 751 Fanshawe park Road West, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 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*R1-4) and Holding Residential R5/R6 (h*h-54*R5-4/R6-5) Zone TO Residential R1 (R1-4) and Holding Residential (h-54*R5-4/R6-5) Zone to remove the “h” holding provision.

 

Motion Passed

 

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

 

4.

Auburn Developments – 2062 Denview Avenue

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning, the following actions be taken with respect to the application of Auburn Developments relating to the property located at 2062 Denview Avenue:

 

(a)       the attached proposed by-laws BE INTRODUCED at a future Municipal Council meeting to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands  as follows:

 

(i)         FROM a Holding Residential R1 (h*R1-4) Zone TO a Residential R1 (R1-4) Zone;

(ii)        FROM a Holding Special Provision R1 (h*R1-3(7)) and Holding Residential R1 (h*R1-3) Zone TO a Residential R1 (R1-3) Zone and a Special Provision Residential (R1-3(7)) Zone; and a R5/R6/R7 (R5-3/R6-5/R7*H12*D50) Zone; and,

(iii)       FROM a Holding Residential R1 (h*R1-3) Zone, a Holding Special Provision Residential/Residential R1/R2 (h*R1-3(7)/R2-3) and a Holding Residential R5/R6/R7 (h*R5-3/R6-5/R7*H12*D50) TO a Residential R1 (R1-3) Zone, a Special Provision Residential/Residential R1/R2 (R1-3(7)/R2-3) and a Residential R5/R6/R7 (R5-3/R6-5/R7*H12*D50); to remove the “h” holding provision; and,

(b)       the introduction of the above-noted by-law BE SUBJECT TO the satisfaction of the Civic Administration as to the execution of the related subdivision agreement.

 

Motion Passed

 

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

 

5.

City of London – 1607, 1609 (eastern portion), 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street (OZ-7965)

 

Motion made by Councillor B. Polhill 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 application by the City of London relating to the properties located at 1607, 1609 (eastern portion), 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street, on the west side of Richmond Street between Hillview Boulevard and Shavian Boulevard:

 

(a)       the Civic Administration BE DIRECTED to retain a transportation planning consultant to prepare a traffic impact assessment to assist with area transportation policies and  development conditions; it being noted that the Civic Administration will continue to work with the community to alleviate their concerns where feasible; and,

 

(b)       the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee with respect to:

 

(i)         the costs associated with the storm sewer capacity improvements required to accommodate the proposed development between Hillview Avenue and Shavian Boulevard which represents a significant increase in development density; and,

(ii)        to identify a sources of financing to undertake these works in 2012;

 

it being noted that the Civic Administration have initiated an application for Official Plan and Zoning By-law amendments for these lands and are preparing a Master Plan to be considered for adoption as a Guideline Document to the Official Plan;

 

it being further noted that a concurrent Site Plan application for the lands at 1631, 1635 and 1639 Richmond Street will be presented at a future public meeting of the appropriate Standing Committee for consideration, together with the proposed Official Plan and Zoning By-law amendments.

 

Motion Passed

 

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

 

6.

Insurance Bureau of Canada – Municipal Flooding Risk Assessment Initiative

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Wastewater and Treatment, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011 to approve a Non-Disclosure Agreement with the Insurance Bureau of Canada for purposes of participating in a Municipal Flooding Risk Assessment initiative and to authorize the Mayor and the City Clerk to execute the Agreement.

 

Motion Passed

 

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

 

7.

Contract Award – 2011 Decommissioning of Historical Production Wells – Project EW3754

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Water & City Engineer, the following actions be taken with respect to the award of the contract for the 2011 decommissioning of historical production wells (Project EW3754):

 

(a)       the proposal submitted by Davidson Well Drilling Limited, 147 North Street West, in the amount of $164,400.00, excluding H.S.T., BE ACCEPTED; it being noted that the City is exercising the second (2) year of a three (3) year term contract (Tender No. 10-97) awarded to Davidson Well Drilling Limited in 2010 and that all original unit prices have been maintained; it being further noted that this is the second year of a three year term contract, where the City has the sole discretion to renew the contract for one additional term based on the price and performance;

 

(b)       the financing 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 project;

 

(d)       the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project; and,

(e)       the Mayor and City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.

 

Motion Passed

 

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

 

8.

Increase in Engineering Fees – Elgin Middlesex Pumping Station – Pumping Upgrades to the City of London – Project EW3540

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Water & City Engineer, the following actions be taken with respect to increasing the scope of work and provision of engineering services for the Elgin Middlesex Pumping Station Pump Upgrades Project (EW3540):

 

(a)       the engineering fees for AECOM Canada Ltd., 410 – 250 York Street, Citi Plaza, London, Ontario, N6A 6K2, BE INCREASED, in the amount of $93,181.00 to a revised total of $157,784.00, excluding H.S.T., for this project; it being noted that the scope change is driven by revised design criteria, but will result in annual hydro cost savings of almost 20%;

 

(b)       the financing for this project BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix "A"; it being noted that the request for a funding increase is within the existing funding allocation for the project;

 

(c)       the consulting fees for the project BE IN ACCORDANCE with the estimate, on file, based upon the Fee Guideline for the Professional Engineering Services, recommended by the Ontario Society of Professional Engineers and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy; and,

 

(d)       the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; it being noted that the Corporation previously entered into a formal contract with AECOM Canada Ltd. to undertake the preliminary design and design of this project, and this work is an extension of that contract. 

 

Motion Passed

 

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

 

9.

The Hermitage Club – 1040 and 1036 Commissioners Road West (Z-7952)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, based on the application of the Hermitage Club relating to the property located at 1040 and 1036 Commissioners Road West, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 24, 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 Residential R5/Residential R8 (R5-3/R8-4) Zone which permits medium density residential development in the form of cluster townhouses and low rise apartments and a Commercial Recreation (CR) Zone which permits commercial recreation establishments TO a Residential R5 Special Provision/Residential R8 (R5-3(_)/R8-4) Zone to allow an existing single detached dwelling with a 14.9m lot frontage, a 1.0 metre minimum east interior side yard setback and a 3.0 metre minimum front yard setback and a Commercial Recreation Special Provision (CR(_)) Zone to permit a commercial recreational use with a 0.0 metre west interior side yard setback and a 0.0 metre front yard setback; 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: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (14)

 

10.

City of London – 1366 Huron Street and 1295 Webster Street (Z-7927)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Land Use Planning & City Planner, the following actions be taken with respect to the application of the City of London relating to portions of the properties located at 1366 Huron Street and 1295 Webster Street:

 

(a)       the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Neighbourhood Facility (NF) Zone which permits churches and elementary schools TO a Neighbourhood Facility (NF1) Zone which permits community centres, day care centres, libraries, private schools, fire stations, private club, police station, churches and elementary schools; and,

(b)       the Civic Administration BE DIRECTED to address the following design considerations through the process of designing and constructing this project:

 

(i)         locate the driveway access to parking along the eastern property boundary;

(ii)        ensure pedestrian entrance has a direct connection to public sidewalk;

(iii)       locate parking along the eastern and southern edges of the site;

(iv)       use building massing to identify pedestrian entrance separate from garage/fire truck entrance;

(v)        ensure building elevations clearly identify building base, middle and top;

(vi)       use a limited palette of complementary building materials, such as brick and stone; and,

(vii)      design/surface vehicle access and parking areas so as to ‘read’ as forecourt/plaza spaces rather than exclusively as driveway;

 

it being noted that the Built and Natural Environment Committee reviewed and received a communication dated October 9, 2011 from W. Ludwig, 1359 Webster Street, with respect to this matter;

 

it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2011-D11-02)

 

Motion Passed

 

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

 

 

11.

Growth Management Implementation Strategy (GMIS) – 2012 Annual Review and Update

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Executive Director of Planning, Environmental & Engineering Services, the following actions be taken with respect to the implementation of the Official Plan growth management policies applicable to the financing of growth-related infrastructure works as outlined in the Growth Management Implementation Strategy (GMIS) update:

 

(a)        the attached GMIS (Appendix “C”) BE APPROVED;

 

            it being noted that:

 

(i)         this strategy will provide direction on future development applications;

(ii)        the GMIS will be used in setting the final 2012 Capital Program for growth infrastructure and will be re-examined in 2013; and,

(iii)       the GMIS is identified as a Guideline Document as set out in Section 19.2.2 of the Official Plan;

 

(b)        Projects T69 (Foxhollow SWMF) and T80 (Riverbend SWMF) BE REFERRED to the Civic Administration for further consultation with related Developers, with a report back to the appropriate Standing Committee within 60 days; and,

 

(c)       the Civic Administration BE ASKED to report back to the appropriate Standing Committee on the inclusion of Project T67B (Old Victoria SWMF) within 60 days within the GMIS;

 

it being noted that the following communication was received in support of the GMIS Report:

 

·                     The Urban League of London, dated October 17, 2011, as included in the Built and Natural Environment Committee (BNEC) Added Communications.

 

it being also noted that the following communications were received in opposition to the GMIS Report:

 

·                     P. Sergautis, Extra Realty Limited, dated October 17, 2011, as included in the BNEC Communications; and,

·                     R. Zelinka, Zelinka Priamo Ltd., dated October 17, 2011, attached, included in the BNEC Added, Added Communications.

 

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

 

·                     J. Kennedy, London Development Institute – advising that the GMIS was last updated in June, 2010; advising that LDI representatives met with Civic Administration in February, 2011 and did not receive a first draft until September, 2011; indicating that he is speaking from an industry perspective; advising that they received the final update last Thursday and reviewed the document over the weekend; advising that a number of questions that they raised have been addressed; recommending that a formal process is developed to review the GMIS on an annual basis; expressing concern that some of the costs of the projects will increase with phasing and that the LDI has had discussions with the industry with respect to phasing; enquiring as to how it was determined which projects are to be delayed and which projects were moved ahead of schedule; indicating that the Municipal Servicing and Financing Agreement needs to be finalized; reiterating that there needs to be deadlines, consultation with industry and increased communication; and advising that timing is a key component.

·                     B. Stratford, R. W. Stratford Consulting – advising that he is representing the property owners of Fox Hollow SWM Pond; indicating that the staff advised the property owners that the SWM pond would be constructed in 2012 and now the ponds are being phased; indicating that he has a problem with the GMIS being approved with the deferral of the SWM ponds; advising that it is difficult to understand the timing if not certain about phasing dates and boundaries; requesting that the phased works be left as they are and asking Staff come back with phasing timelines and funding; advising that he supports phasing but they are left dangling with the process; expressing concern with the timing; and advising that this may change things on paper but it may not change the project.

·                     P. Masschelein, Sifton Properties Limited – advising that the City and the industry need to talk about phasing; advising that they have 2 ponds that have been maintained as projects for 2012 and indicating that if these projects can be phased, that is great, but if they can’t, these projects have been in place for years and there are unique conditions; advising that they have people ready to move in but are unable to; advising that a deferral would cause problems; advising that there are 350-400 lots for one SWM pond; advising that this is his third time addressing the Old Victoria Area; advising that an area plan was completed in 2006/2007; advising that this was all completed before the implementation of the GMIS; advising that the initial GMIS has not changed; indicating that they are looking at areas of London to invest in; indicating that this is a unique circumstance as functional and detailed designs would commence and development could proceed; advising that the area has not been serviced; advising that there are families with one member who commutes to other cities along the 401; indicating that this development is a mid to upper level development that backs onto the River; indicating that great planning and visioning work has been done in this area; advising that they received a Council resolution asking Staff to report back in August and that August comes and goes with no response; advising that the River Bend EA has not been done in 3 years; indicating that the Old Victoria Area is a great area for investment; indicating that the estimated revenues are $12,000,000; advising that all of the infrastructure is there; indicating that people may move to the communities outside of London; indicating that this is a great opportunity for London; realizing that a committee has been established to deal with the Municipal Servicing and Financing Agreement, which will work for commercial property, but not residential property; advising that the GMIS is the next mechanism for change; realizing that there is a lot of commercial activity planned for Highbury Avenue; and requesting that project TS67 (Old Victoria SWM No. 2) be bumped to 2012 as they are ready for the project.

·                     B. R. Card, on behalf of Sifton Properties Limited – expressing concern with project T67; advising that he is generally in agreement with the staff recommendation; advising that Sifton is expecting to see financing for the Old Victoria Project; indicating that the City has invested a lot of money in the southwest area of the city; and that Sifton is prepared to register a new subdivision and need to be able to have a SWM pond; indicating that Sifton has a commitment to spend at least $5,000,000; advising that this is exciting as it targets different owners than the Summerside subdivision;  indicating that he expected to be able to address this matter before now and that the project is too important to be deferred; realizing that the Committee may be intending to approve the GMIS project tonight and asking that this project be included; and requesting that the Old Victoria subdivision be considered with this matter as the project has been around for years and needs to proceed in 2012.

·                     S. Levin, on behalf of the Urban League of London – advising that the Urban League of London has been involved in London’s growth since the 1990’s; indicating that the GMIS is a growth financing strategy; supporting Staff’s recommendation of Option #1; indicating that the question becomes how much new capacity the Council wants to add as most of these works have a non-growth component; requesting that projects that aren’t in the DC Study not be added; advising that the DC Study may not be able to support the payments in option #3; advising that some of the same mistakes are being made that the 2003 Council made; noting that with the Sifton Project and Tributary C, it is interesting to talk about the EA not being completed; advising that Tributary C is a cold water tributary; and advising that the really challenging part is how you advance projects in the GMIS today and then say no to the next project.

·                     S. Cornwell, Zelinka Priamo Ltd – representing Tridon Group Limited and the Thames Village Joint Venture; advising that they have been involved in the process; indicating that they helped put together the EA report; advising that there is an undersupply of residential lots in the east area of the City; and indicating that he would like to see the GMIS amended to allow them to go ahead with their plans.

·                     J. DeJong, Tridon Developments – advising that they have been working with families in the area and that there have been 4 stages of an archaeological review completed, noting that they are trying to put forward something that was complete; advising that London is losing families to smaller communities outside of London; advising that he would like to have been involved in the GMIS project in 2008; and indicating that they have completed pond work in other areas; the process has taken over 20 years and there is plenty of sewer capacity to proceed with the project.  (2011-D18-00)

 

Motion made by Councillor B. Polhill and seconded by Councillor J.L. Baechler to Amend in part (b) by adding the words “,Project T67B (Old Victoria SWMF)” after the words, “(Foxhollow SWMF)” and by deleting part (c).

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill to Approve clause 11, as amended.

 

Motion Passed

 

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

 

Clause 11, as amended, reads as follows:

 

That, on the recommendation of the Executive Director of Planning, Environmental & Engineering Services, the following actions be taken with respect to the implementation of the Official Plan growth management policies applicable to the financing of growth-related infrastructure works as outlined in the Growth Management Implementation Strategy (GMIS) update:

 

(a)        the attached GMIS (Appendix “C”) BE APPROVED;

 

            it being noted that:

 

(i)         this strategy will provide direction on future development applications;

(ii)        the GMIS will be used in setting the final 2012 Capital Program for growth infrastructure and will be re-examined in 2013; and,

(iii)       the GMIS is identified as a Guideline Document as set out in Section 19.2.2 of the Official Plan;

 

(b)        Projects T69 (Foxhollow SWMF), Project T67B (Old Victoria SWMF) and T80 (Riverbend SWMF) BE REFERRED to the Civic Administration for further consultation with related Developers, with a report back to the appropriate Standing Committee within 60 days;

 

it being noted that the following communication was received in support of the GMIS Report:

 

·                     The Urban League of London, dated October 17, 2011, as included in the Built and Natural Environment Committee (BNEC) Added Communications.

 

it being also noted that the following communications were received in opposition to the GMIS Report:

 

·                     P. Sergautis, Extra Realty Limited, dated October 17, 2011, as included in the BNEC Communications; and,

·                     R. Zelinka, Zelinka Priamo Ltd., dated October 17, 2011, attached, included in the BNEC Added, Added Communications.

 

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

 

·                     J. Kennedy, London Development Institute – advising that the GMIS was last updated in June, 2010; advising that LDI representatives met with Civic Administration in February, 2011 and did not receive a first draft until September, 2011; indicating that he is speaking from an industry perspective; advising that they received the final update last Thursday and reviewed the document over the weekend; advising that a number of questions that they raised have been addressed; recommending that a formal process is developed to review the GMIS on an annual basis; expressing concern that some of the costs of the projects will increase with phasing and that the LDI has had discussions with the industry with respect to phasing; enquiring as to how it was determined which projects are to be delayed and which projects were moved ahead of schedule; indicating that the Municipal Servicing and Financing Agreement needs to be finalized; reiterating that there needs to be deadlines, consultation with industry and increased communication; and advising that timing is a key component.

·                     B. Stratford, R. W. Stratford Consulting – advising that he is representing the property owners of Fox Hollow SWM Pond; indicating that the staff advised the property owners that the SWM pond would be constructed in 2012 and now the ponds are being phased; indicating that he has a problem with the GMIS being approved with the deferral of the SWM ponds; advising that it is difficult to understand the timing if not certain about phasing dates and boundaries; requesting that the phased works be left as they are and asking Staff come back with phasing timelines and funding; advising that he supports phasing but they are left dangling with the process; expressing concern with the timing; and advising that this may change things on paper but it may not change the project.

·                     P. Masschelein, Sifton Properties Limited – advising that the City and the industry need to talk about phasing; advising that they have 2 ponds that have been maintained as projects for 2012 and indicating that if these projects can be phased, that is great, but if they can’t, these projects have been in place for years and there are unique conditions; advising that they have people ready to move in but are unable to; advising that a deferral would cause problems; advising that there are 350-400 lots for one SWM pond; advising that this is his third time addressing the Old Victoria Area; advising that an area plan was completed in 2006/2007; advising that this was all completed before the implementation of the GMIS; advising that the initial GMIS has not changed; indicating that they are looking at areas of London to invest in; indicating that this is a unique circumstance as functional and detailed designs would commence and development could proceed; advising that the area has not been serviced; advising that there are families with one member who commutes to other cities along the 401; indicating that this development is a mid to upper level development that backs onto the River; indicating that great planning and visioning work has been done in this area; advising that they received a Council resolution asking Staff to report back in August and that August comes and goes with no response; advising that the River Bend EA has not been done in 3 years; indicating that the Old Victoria Area is a great area for investment; indicating that the estimated revenues are $12,000,000; advising that all of the infrastructure is there; indicating that people may move to the communities outside of London; indicating that this is a great opportunity for London; realizing that a committee has been established to deal with the Municipal Servicing and Financing Agreement, which will work for commercial property, but not residential property; advising that the GMIS is the next mechanism for change; realizing that there is a lot of commercial activity planned for Highbury Avenue; and requesting that project TS67 (Old Victoria SWM No. 2) be bumped to 2012 as they are ready for the project.

·                     B. R. Card, on behalf of Sifton Properties Limited – expressing concern with project T67; advising that he is generally in agreement with the staff recommendation; advising that Sifton is expecting to see financing for the Old Victoria Project; indicating that the City has invested a lot of money in the southwest area of the city; and that Sifton is prepared to register a new subdivision and need to be able to have a SWM pond; indicating that Sifton has a commitment to spend at least $5,000,000; advising that this is exciting as it targets different owners than the Summerside subdivision;  indicating that he expected to be able to address this matter before now and that the project is too important to be deferred; realizing that the Committee may be intending to approve the GMIS project tonight and asking that this project be included; and requesting that the Old Victoria subdivision be considered with this matter as the project has been around for years and needs to proceed in 2012.

·                     S. Levin, on behalf of the Urban League of London – advising that the Urban League of London has been involved in London’s growth since the 1990’s; indicating that the GMIS is a growth financing strategy; supporting Staff’s recommendation of Option #1; indicating that the question becomes how much new capacity the Council wants to add as most of these works have a non-growth component; requesting that projects that aren’t in the DC Study not be added; advising that the DC Study may not be able to support the payments in option #3; advising that some of the same mistakes are being made that the 2003 Council made; noting that with the Sifton Project and Tributary C, it is interesting to talk about the EA not being completed; advising that Tributary C is a cold water tributary; and advising that the really challenging part is how you advance projects in the GMIS today and then say no to the next project.

·                     S. Cornwell, Zelinka Priamo Ltd – representing Tridon Group Limited and the Thames Village Joint Venture; advising that they have been involved in the process; indicating that they helped put together the EA report; advising that there is an undersupply of residential lots in the east area of the City; and indicating that he would like to see the GMIS amended to allow them to go ahead with their plans.

·                     J. DeJong, Tridon Developments – advising that they have been working with families in the area and that there have been 4 stages of an archaeological review completed, noting that they are trying to put forward something that was complete; advising that London is losing families to smaller communities outside of London; advising that he would like to have been involved in the GMIS project in 2008; and indicating that they have completed pond work in other areas; the process has taken over 20 years and there is plenty of sewer capacity to proceed with the project.  (2011-D18-00)

 

 

12.

Old Victoria Subdivision Progression

 

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the Managing Director, Development Approvals Business Unit with respect to advancing the Old Victoria subdivision in the absence of any formal tool being approved, the Civic Administration BE DIRECTED to continue to work with the technical review team on the parameters for a possible Municipal Servicing and Financing Agreement that would ensure minimal risk to the taxpayer and be in the best interest of the taxpayer.

 

Motion Passed

 

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

 

13.

M. Garcia – 495 Oakridge Drive

 

Motion made Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning, the following actions be taken with respect to the site plan approval application of M. Garcia relating to the property located at 495 Oakridge Drive:

 

(a)        the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Built and Natural Environment Committee held with respect to the subject site plan application for the 7 single-detached cluster units at 495 Oakridge Drive;

 

(b)        the Approval Authority BE ADVISED that the Municipal Council supports the granting of approval of the attached site plan; 

 

(c)        the Approval Authority BE ADVISED that the Municipal Council supports the granting of the Development Agreement Clauses proposed in the attached Appendix 1; and,

 

(d)        the applicant BE ADVISED that the Director, Development Finance has projected the attached claims and revenues;

 

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

 

14.

Nadio Di Pando – 1872 and 1874 Trafalgar Street

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning, the following actions be taken with respect to the site plan approval application of Nadio Di Pando relating to the property located at 1872 and 1874 Trafalgar Street:

 

(a)       the Approval Authority BE ADVISED that at the public meeting of the Built and Natural Environment Committee held with respect to this matter, the following issues were raised:

 

(i)         concern that the application proceeds in its original form; and,

(ii)        neighbours developed illnesses and rashes when the former structure was demolished and removed; 

 

(b)       the Approval Authority BE ADVISED the Municipal Council supports the granting of the approval of the attached site plan and elevations for one (1) duplex dwelling at 1872 and a second duplex dwelling at 1874 Trafalgar Street subject to the site plan being green-line amended to include a sidewalk, and acceptance of site servicing drawings and the Civic Administration consulting with the applicant to add a buffer to the property to the west of the application;

(c)        the Approval Authority BE ADVISED that the Municipal Council supports the granting of             the Development Agreement Clauses proposed in the staff report; and,

 

(d)       the applicant BE ADVISED that the Director, Development Finance has projected the attached claims and revenues;

 

Motion Passed

 

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

 

15.

Cedar Auto of London Ltd. – 2170 Wharncliffe Road South (Z-7944)

 

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the Director of Land Use Planning and City Planner, to introduce a by-law to amend Zoning By-law No. Z.-1, the application of Cedar Auto of London Ltd., relating to a portion of the subject land located at 2170 Wharncliffe Road South, BE REFERRED to the Civic Administration for further consideration and to address Mr. D. K. Bluhm’s concerns;

 

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

 

•           S. Cornwell, Zelinka Priamo Ltd., representing the applicant – advising that there is a technical matter with the holding provision (h-80) that isn’t workable; advising that they need sanitary and storm sewer services before the start of construction; and suggesting that a reasonable solution can be reached to protect the drain located on the property.

•           D. K. Bluhm, 2153 Wharncliffe Road South – advising that he sent a communication to the City expressing the concerns of the homeowners across from the property; indicating that they were advised that it would not be used as a car lot; advising that people in that area still use wells and noting that the lights from the proposed use would shine in their houses.

 

Motion Passed

 

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

 

16.

Sign and Canopy By-law Amendments – Construction Signs and Real Estate Signs

 

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the Director of Building Controls, the following actions be taken with respect to the proposed amendments to the Sign and Canopy By-law as it relates to construction signs and real estate signs, such amendments to be revised as follows:

 

(a)       the attached, revised, proposed By-law (Appendix 6) BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011 to amend the Sign & Canopy By-law for Construction and Real Estate Advertising Signs; it being noted that the Built and Natural Environment Committee requested the following additional amendments to the draft by-law:

 

            (i)         increase the permitted sign coverage area from 5% to 10%; and,

            (ii)        allow the sign to be displayed for 365 days per calendar year;

 

(b)       the Civic Administration BE DIRECTED to enforce the Sign & Canopy By-law, relating to all signs throughout the City (including banner signs and construction signs) as per Council Policy 13(2) “Enforcement by City Personnel”, or any successor Council policy; and,

 

(c)       the Civic Administration BE ASKED to report back to the 2012 Budget with an appropriate sign fee structure that is comparable to other municipalities;

 

 

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

 

·                     E. Simms, London Property Management Association – advising that she does not support the proposed staff amendments; advising that it hurts the industry to have a restriction on advertising signs at this time due to the high vacancy rates; advising that the size of sign allowed is too small; indicating that allowing signs to be posted for 210 days a year is not enough and enquiring as to why you would want to restrict the amount of time that signs can be placed on buildings; indicating that signs should be allowed to be posted year round; indicating that the by-law is unreasonable; and requesting that if the by-law is passed, to please allow one year for compliance.

·                     G. Brommett, Farhi Holdings Corporation – advising that London is on the cusp of change; enquiring as to why this was on the last BNEC Agenda under consent items; enquiring as to why some members of Council indicated that the passing of the Sign & Canopy by-law was a done deal; indicating that she has not heard any data on the number of complaints; indicating that the city is full of other types of signs, such as those on the LTC buses; noting that those signs are distracting while she is driving; and requesting the Committee refer the by-law back to staff for further consideration.

·                     S. Trosow, 43 Mayfair Drive – advising that there is an overabundance of signs downtown; expressing puzzlement as to why people think there is a connection between the economy and large signs; and indicating that we don’t need huge signs.

·                     S. Farhi, Farhi Holdings Corporation – indicating that if you have 700,000 square feet leased at $10.00 a square foot, you have $7,000,000 in revenue coming in and at 5% tax on commercial buildings, that is $3,500,000 in revenue for the City; advising that he travels for his business and cities such as New York have beautiful signs; indicating that London has the #1 vacancy rate in Canada; indicating that if the buildings are full, the signs are not necessary; advising that because of his signs, he has attracted two new businesses to London; enquiring as to why murals are allowed but signs are not; expressing agreement that tired looking signs should be replaced; advising that he took 600 pictures of signs and that if everyone paid $30.00 per sign, it would be $18,000 more revenue  for the city; and expressing hope that the city will increase the size of signs to 10%.   (2011-D24-00)

 

Motion made by Councillor N. Branscombe and seconded by Councillor S. Orser to Amend part (a) to read as follows:

 

 “(a)     a by-law BE INTRODUCED at the November 7, 2011 Municipal Council meeting to amend the Sign & Canopy By-law for Construction and Real Estate Advertising Signs as included in the staff recommendation of October 17, 2011, including:

 

            (i)         a maximum permitted sign coverage area of 5%;

            (ii)        a maximum number of days per year of 210 days; as well as

(iii)       to exempt the two existing signs which exceed the 5% permitted sign coverage area (Farhi) to remain for a period of up to one year;

 

Motion Passed

 

YEAS: J.F. Fontana, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher (11)

 

NAYS: B. Polhill, D. Brown, S.E. White (3)

 

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

 

Motion Passed

 

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

 

NAYS: D. Brown (1)

 

Clause 16, as amended reads as follows:

 

That the following actions be taken with respect to the proposed amendments to the Sign and Canopy By-law as it relates to construction signs and real estate signs, such amendments to be revised as follows:

 

(a)       a by-law BE INTRODUCED at the November 7, 2011 Municipal Council meeting to amend the Sign & Canopy By-law for Construction and Real Estate Advertising Signs as included in the staff recommendation of October 17, 2011, including:

 

            (i)         a maximum permitted sign coverage area of 5%;

            (ii)        a maximum number of days per year of 210 days; as well as

(iii)       to exempt the two existing signs which exceed the 5% permitted sign coverage area (Farhi) to remain for a period of up to one year;

 

(b)       the Civic Administration BE DIRECTED to enforce the Sign & Canopy By-law, relating to all signs throughout the City (including banner signs and construction signs) as per Council Policy 13(2) “Enforcement by City Personnel”, or any successor Council policy; and,

 

(c)       the Civic Administration BE ASKED to report back to the 2012 Budget with an appropriate sign fee structure that is comparable to other municipalities;

 

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

 

·                     E. Simms, London Property Management Association – advising that she does not support the proposed staff amendments; advising that it hurts the industry to have a restriction on advertising signs at this time due to the high vacancy rates; advising that the size of sign allowed is too small; indicating that allowing signs to be posted for 210 days a year is not enough and enquiring as to why you would want to restrict the amount of time that signs can be placed on buildings; indicating that signs should be allowed to be posted year round; indicating that the by-law is unreasonable; and requesting that if the by-law is passed, to please allow one year for compliance.

·                     G. Brommett, Farhi Holdings Corporation – advising that London is on the cusp of change; enquiring as to why this was on the last BNEC Agenda under consent items; enquiring as to why some members of Council indicated that the passing of the Sign & Canopy by-law was a done deal; indicating that she has not heard any data on the number of complaints; indicating that the city is full of other types of signs, such as those on the LTC buses; noting that those signs are distracting while she is driving; and requesting the Committee refer the by-law back to staff for further consideration.

·                     S. Trosow, 43 Mayfair Drive – advising that there is an overabundance of signs downtown; expressing puzzlement as to why people think there is a connection between the economy and large signs; and indicating that we don’t need huge signs.

·                     S. Farhi, Farhi Holdings Corporation – indicating that if you have 700,000 square feet leased at $10.00 a square foot, you have $7,000,000 in revenue coming in and at 5% tax on commercial buildings, that is $350,000 in revenue for the City; advising that he travels for his business and cities such as New York have beautiful signs; indicating that London has the #1 vacancy rate in Canada; indicating that if the buildings are full, the signs are not necessary; advising that because of his signs, he has attracted two new businesses to London; enquiring as to why murals are allowed but signs are not; expressing agreement that tired looking signs should be replaced; advising that he took 600 pictures of signs and that if everyone paid $30.00 per sign, it would be $18,000 more revenue  for the city; and expressing hope that the city will increase the size of signs to 10%.  

 

17.

Linda Anne Brand – 1240 Richmond Street (Z-7949)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, based on the application of Linda Anne Brand relating to the property located at 1240 Richmond Street, the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject lands FROM a Residential R1 Special Provision (R1-5(3)) Zone which permits one single detached dwelling subject to a special provision which restricts:  maximum floor area; maximum floor area ratio; the minimum rear yard depth; and, restricts the location of parking areas TO a Residential R2 (R2-3) Zone to permit single detached dwellings; semi-detached dwellings; duplex dwellings; and converted dwellings (maximum 2 dwelling units) BE REFUSED for the following reasons:

 

(i)          the requested amendment is not consistent with the policies of the Provincial Policy Statement, 2005 which encourage efficient development and land use patterns which sustain the financial well-being of the municipality;

(ii)         the requested amendment is not consistent with the Residential Intensification policies of the Official Plan;

(iii)         the requested amendment is not consistent with the intent of the North London/Broughdale Special Official Plan Policies which exist in this area to promote neighbourhood stability; and,

(iv)        the requested amendment constitutes “spot” zoning for a site that is not unique and does not have any special attributes which would warrant a site specific amendment;

 

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

 

·                     R. Knutson, on behalf of the applicant – advising that he was not aware of the legal history of this property; indicating that the report and appendices were filed in June, 2011 and that the staff report does not include any of this information; indicating that if the staff recommendation is approved, this file will go to the Ontario Municipal Board; requesting that the matter be adjourned and requesting the staff provide the planning justification report to Council; it being noted that the Civic Administration responded to the planning justification report statement made by Mr. Knutson; indicating that an honest mistake was made on page 255 as the application noted the current zoning is R1-5(3) and the zoning requested is R2-3; advising that this section of Richmond Street carries 35,000 cars a day; indicating that this property is three stories and the surrounding properties are two stories; advising that an addition was put on the property in 2004; indicating that the property is serviced by the lane on Raymond Avenue; noting that there are a lot of student rentals in the area; advising that the property is approximately 700 metres from the University of Western Ontario gates; indicating that the houses located across the street at 1235 to 1253 Richmond Street, were removed to build high rises; disagreeing with the statement that this application is not in conformity with the Provincial Policy Statement; advising that this is an urban area; noting htat after reviewing the Official Plan and Broughdale policies, the application should be deemed to be in compliance; indicating that the property to the north will probably be demolished; and asking that staff be directed to prepare a by-law for this property.

·                     A. Rostis, 18 Mayfair Drive – indicating that he was here in the spring when the application was made to rezone four properties on the other side of the street, into a high rise; indicating that Mayor Fontana and Councillor Polhill argued that the application should be approved to protect the Broughdale area which consists of four streets; and advising that if you allow a duplex in a single-family residential zoned area, other neighbours will ask for rezoning as well.

·                     M. Blosh, 43 Mayfair Drive – advising that this is a precedent setting application and that even the application indicates this; advising that this was done illegally and now the owner is asking to change the law so that they can be in compliance with the law; advising that it is a big house because it was expanded; indicating that Marie came to City Hall and spoke to the Building Department because the addition was built on stilts, that the building is an eyesore, but she was advised to live with it as it complies with the Building Code; expressing appreciation to the Planning Division Staff for working with the neighbours; requesting that intensification be done on a planned basis; indicating that the owner popped the roof up and added wings to add more bedrooms; indicating that there are now five bedrooms per duplex unit and soon everyone else will be doing this; requesting that the Broughdale Plan be followed; and expressing dismay that she has to come down to speak to this issue.

·                     S. Trosow, 43 Mayfair Drive – advising that he was hoping to hear more information on the application; enquiring as to whether or not the applicant has complied with the court order; enquiring as to why the city can’t get into the property to see how many bedrooms are in the building; suggesting that there should be some compliance with the law; advising that the property owner has demonstrated time and time again that they don’t need to comply with the law and that it isn’t right.

·                     Mr. Irving, Resident, Raymond Avenue – indicating that it makes him sick to walk by this property; indicating that he has called at least 50 times about the amount of garbage and that there are a lot of cars parked on the property.  (2011-D11-02)

 

Motion Passed

 

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

 

NAYS: D. Brown (1)

 

18.

Riverside United Church – 675 Riverside Drive (Z-7951)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Land Use Planning & City Planner, the following actions be taken with respect to the application of Riverside United Church relating to the property located at 675 Riverside Drive:

 

(a)       the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on October 24, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential (R1-10) Zone TO a Holding Neighbourhood Facility (h-(  )*NF) Zone to allow for the ‘Church’ use which would result in an expansion of the existing parking lot for the Riverside United Church resulting in approximately 36 additional parking spaces, in addition to permitted uses such as Elementary schools; it being noted that the (h-(  )) has been added to ensure that development takes a form compatible with the adjacent land uses so that the issues identified below as a condition of approval can be implemented; it being further noted that the "h-(  )" symbol shall not be deleted until an agreement is entered into for subject the lands with the City of London, and a lot grading plan, storm water servicing plan, landscape plan, a site plan and security sufficient to cover the works identified in these plans is provided to the satisfaction of the City of London; it being also noted that submitted plans are to show, at a minimum, the following:

 

•           required road widening and location of accesses;

•           trees preserved, trees/vegetation to screen the view of the new parking area from Riverside Drive;

•           definition of pedestrian circulation in the parking area using contrasting paving materials or colors to distinguish between pedestrians and vehicle routes;

•           6 foot high wood screen fence along all common property lines;

•           a landscaped buffer of at least 3m between the new parking area and the abutting residential properties to address privacy; and,

•           full cut-off lighting to reduce glare to the adjacent residential properties;

 

(b)       Mr. Zelinka’s communication, dated September 12, 2011, BE REFERRED to the site plan approval process; and,

 

(c)       the Civic Administration BE ASKED to report back on the parking restrictions on Dunedin Drive at a future meeting of the Built and Natural Environment Committee;

 

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

 

·                     A. R. Patton, on behalf of the applicant – requesting approval of the application; indicating that he contacted Mr. Zelinka upon receipt of Mr. Zelinka’s communication; advising that the church is willing to work with the neighbour identified in Mr. Zelinka’s communication as well as abutting owners in the neighbourhood; stating that churches perform more than a religious function; advising that the church would like to remain in the neighbourhood and be a good neighbour; and advising that there is sufficient room on the site plan to accommodate buffers to the neighbouring properties.

·                     G. Rutherford, 662 Warren Road – indicating that they share the border with 675 Riverside Drive; enquiring as to why the church needs more parking after 50 years; advising that there are never more than 50 cars parked on the street; the Bromley Avenue church doesn’t have parking; indicating that the cars only park on the street for two hours on Sunday mornings; and indicating that there is no sense of security when you abut a parking lot not a residential property.

·                     L. Margison, 478 Dunedin Drive – advising that they have taken over the Hyde Park Church members as their church is closed; indicating that the Riverside United Church now has two services on Sunday; indicating that there is no increase in the number of parking spaces used on the street; advising that fencing, privacy, sound barriers and security are all issues that have been brought up; wondering if extra parking is necessary for a couple of hours; and suggesting that the money could be put to better use.

·                     C. Dalgity, 450 Dunedin Drive – indicating that they live across from the church; indicating that the proposed parking lot will abut five properties; noting that trees will need to be removed and neighbours are going to have to replace the trees themselves; and indicating that they have lived at their property for 20 years and that the church was busier years ago.

·                     R. Meadows, 469 Dunedin Drive – indicating that the church owns the property located at 665 Riverside Drive; indicating that the proposed loss of the residence on the property will mean a loss of tax revenue; indicating that the property values will decrease if the parking lot is put in; and enquiring as to the long-range plans of the church.

·                     K. Marsh, 656 Warren Road – advising that her property is L-shaped and if the parking lot is put in its proposed location and the church acquires a couple of other properties, her lot will be surrounded by a parking lot.

·                     M. Hunter, 647 Amberley Avenue – advising that he is a member of the church and is on their transportation committee; indicated that 50 parking spaces were lost with the elimination of parking on Dunedin Drive; and indicating that approximately 1,000 people attend the church.

·                     R. Wright, 455 Dunedin Drive – indicating that he lives on the north side of the egress and is adjacent to the church on two sides to the east and will have the parking lot; indicating that there have been no provisions for privacy or noise; indicating that the church has not approached him about his loss of enjoyment; indicating that he was advised at a church meeting that the parking lot will be expanded; advising that there are not many obstructions and that the cars in the parking lot will be able to see in to three or four backyards; and advising that he can’t see a clear plan that addresses the neighbours’ concerns.

·                     J. Newman, 780 Sunninghill Avenue – expressing concern with the removal of a house for the installation of a parking lot; indicating that Riverside Drive is a busy through street; advising that this sets a dangerous precedent for the commercialization of Riverside Drive and advising that she doesn’t mind having people park in front of her house.    (2011-D11-06)

 

Motion Passed

 

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

 

NAYS: D. Brown (1)

 

Motion made by Councillor S.E. White and seconded by Councillor S. Orser to Approve that pursuant to section 17.4 of the Council Procedure By-law, leave be given for discussion and debate and making of a substantive motion with respect to clause 22.

 

Motion Passed

 

Motion made by Councillor S.E. White and seconded by Councillor B. Polhill to Approve the following new clause 18A:

 

That the Civic Administration BE DIRECTED to identify and include linkages to support and revitalize the at-risk neighbourhoods and the disenfranchised population, in and near the City core with respect to the “Looking Forward/Next Steps” of the Downtown Report (State of the Downtown Report 2011), and all Downtown Initiatives including, but not exclusive to the Downtown Heritage Conservation Plan and the Downtown Vision. 

 

Motion Passed

 

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

 

The Chair directs that the following report clauses be noted:

 

19.

Sunningdale Road – Interim Maintenance Strategy

                                                                                                   

That the Built and Natural Environment Committee reviewed and received an information report from the Acting Director of Roads and Transportation with respect to the interim road maintenance strategy for Sunningdale Road.  

 

 

20.

7th Report of the Transportation Advisory Committee

 

That the Built and Natural Environment Committee reviewed and received the 7th Report of the Transportation Advisory Committee from its meeting held on October 4, 2011. 

 

 

21.

Building Division Monthly Report

 

That the Built and Natural Environment Committee reviewed and received the Building Division Monthly Report for August, 2011 from the Director of Building Controls.

 

 

22.

State of the Downtown Report 2011

 

That the Built and Natural Environment Committee (BNEC) heard a verbal presentation from the Manager, City Planning and Research and reviewed and received an information report from the Director of Land Use Planning and City Planner with respect to State of the Downtown Report 2011.  The BNEC asked the Civic Administration to consider the State of the Downtown Report 2011 in connection with the Downtown Master Plan. 

 

 

23.

London Property Management Association Application to the Ontario Superior Court of Justice – Court File No. 2263-2010

 

That the Built and Natural Environment Committee reviewed and received an information report from the City Solicitor with respect to the Judgement of the Ontario Superior Court upholding By-law No. CP-19, the Residential Rental Units Licensing By-law.

 

 

24.

Confidential Matters

 

That the Built and Natural Environment Committee (BNEC) passed the following resolution prior to moving in camera from 10: 23 p.m. to 10:35 p.m.:

 

            That the Built and Natural Environment Committee move in camera to consider the following:

 

(a)       litigation or potential litigation with respect to the appeals of Nortel Networks Limited and Nagata Auto Parts Canada Co., Ltd. to the Environmental Review Tribunal from an Order of the Director, Ministry of the Environment, Order No. 3250-8J4J3G, dated July 20, 2011 and a motion before the Ontario Superior Court of Justice, Court File No. 09-CL-7950;

 

(b)       advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the appeals of Nortel Networks Technology Corporation and Nortel Networks Limited to the Environmental Review Tribunal from an Order of the Director, Ministry of the Environment, Order No. DP-6548-7WJKV4, dated October 29, 2009 and a motion before the Ontario Superior Court of Justice, Court File No. 09-CL-7950; and

 

(c)       for giving directions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board.

 

The BNEC is submitting a confidential report to the Municipal Council regarding this matter.  (See Confidential Appendix to the 25th Report of the Built and Natural Environment Committee enclosed for Council Members only.)

 

322.

 

Audit Committee

Councillor P. Hubert presents the 4th Report

 

1.

PricewaterhouseCoopers, Internal Auditors – Quarterly Report on Internal Audit Results

 

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to the PricewaterhouseCoopers Quarterly Report on Internal Audit Results, relating to CAO’s Department – Development Approvals and Environmental & Engineering Services – Water & Sewage Revenue, dated September 29, 2011:

 

(a)        the report BE APPROVED IN PRINCIPLE; and

 

(b)       the report BE REFERRED to Civic Administration to review and develop an implementation strategy to present to the appropriate committee of Council;

 

it being noted the Audit Committee received a presentation from I. Sadler, S. Gilfillan and C. Shah (PwC), as included in the meeting agenda package;  it being further noted that  the implementation timing of items 1 and 2 relating to Water and Sewage Revenue was amended to December 2012.

 

Motion Passed

 

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

 

2.

Engagement of PricewaterhouseCoopers – Special Audit

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, PricewaterhouseCoopers, PWC LLP, BE ENGAGED to complete a review of lessons learned in the developing brownfield projects following the City’s experience with recent projects, such as the BMO Centre.

 

Motion Passed

 

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

 

3.

Municipal Performance Measurement Program (MPMP) – Three Year Comparative Values, 2008-2010

 

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Deputy City Treasurer, the Municipal Performance Measurement Program (MPMP) comparative measures for the three years ending December 31, 2008, 2009 and 2010, as detailed in the report dated September 29, 2011, BE RECEIVED for information.

 

Motion Passed

 

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

 

The Chair directs that the following report clause be noted:

 

4.

3rd Report of the Audit Committee

 

That the Audit Committee reviewed and received the 3rd Report of the Audit Committee from its meeting held on July 14, 2011. 

 

323.

 

IX

DEFERRED MATTERS

 

            None.

324.

 
 


X

ENQUIRIES

           

            None.

325.

 
 


XI

EMERGENT MOTIONS

           

            None.

326.

 
 


XII

BY-LAWS

 

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

 

Motion made by Councillor D. Brown and seconded by Councillor S. Orser to Approve 1st reading of Bill No.’s 410 and 415 to 442, excluding Bill No.’s 437 and 432.

 

Motion Passed

 

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

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve 2nd reading of Bill No.’s 410 and 415 to 442, excluding Bill No.’s 437 and 432.

 

Motion Passed

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

 

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve 3rd reading and enactment of Bill No.’s 410 and 415 to 442, excluding Bill No.’s 437 and 432.

 

Motion Passed

 

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

 

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

 

Bill No. 410

By-law No. A.-6727-288

A by-law to confirm the proceedings of the Special Council Meeting held on the 4th day of October, 2011. (City Clerk)

 

Bill No. 415

By-law No. A.-

A by-law to confirm the proceedings of the Council Meeting held on the 24th day of October, 2011. (City Clerk)

 

Bill No. 416

By-law No. A.-

 

A by-law to authorize a Lease Agreement between The Corporation of the City of London and the Thames Valley District School Board, for the London Environmental Education Centre, for the use of the City owned property at 696 Wellington Road and to authorize the Mayor and City Clerk to execute the Lease Agreement. (25/FAC)

 

Bill No. 417

By-law No. A.-

A by-law to approve the Ontario Funding Agreement for the development of a cultural prosperity plan and cultural profile / cultural mapping project with Her Majesty the Queen in Right of Ontario as represented by the Minister of Tourism and Culture Creative Communities Prosperity Fund; and to authorize the Mayor and the City Clerk to execute the Agreement. (25/FAC)

 

Bill No. 418

By-law No. A-

A by-law to provide for the Rules of Order and Procedure for the Council of The Corporation of the City of London. (25/FAC)

Bill No. 419

By-law No. A.-

A by-law to authorize the preparation and execution of documentation to register various London Fire Department rescue boats in the Canadian Register of Vessels, Small Vessel Register. (17/CNC)

 

Bill No. 420

By-law No. A.-

A by-law to approve an agreement between The Corporation of the City of London (the City) and the Minister of Municipal Affairs and Housing for the City to administer the Investment in Affordable Housing Program; and to authorize the Mayor and the City Clerk to execute the agreement. (17/CNC)

 

Bill No. 421

By-law No. A.-

A by-law to authorize and approve a Contribution Agreement with Addiction Services of Thames Valley under the London CAReS program; to delegate to the Executive Director certain authority under the agreement; and to authorize the Mayor and City Clerk to execute the Agreement. (17/CNC)

 

Bill No. 422

By-law No. A.-

A by-law to authorize and approve a Licence Agreement between The Corporation of the City of London and Girl Guides of Canada – Guides du Canada regarding the use of the Boyle Memorial Community Centre; and to authorize the Mayor and the City Clerk to execute the Agreement. (17/CNC)

 

Bill No. 423

By-law No. A.-

A by-law to authorize and approve a Non-Disclosure Agreement between The Corporation of the City of London and the Insurance Bureau of Canada for the purposes of participating in a Municipal Flooding Risk Assessment initiative; and to authorize the Mayor and the City clerk to execute the Agreement. (25/BNEC)

 

Bill No. 424

By-law No. A.-

A by-law to amend Council Policy 28(2) entitled, “Council Members’ Expense Account.” (25/FAC)

 

Bill No. 425

By-law No. A.-38 amend

A by-law to amend By-law A-38 entitled, “A by-law to provide the Rules of Order and Procedure for the Council of The Corporation of the City of London” to change references to the title of “Chief Administrative Officer” to “City Manager.” (25/FAC)

 

Bill No. 426

By-law No. S.-

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (As widening to Green Hedge Lane, west of Hartson Road) (Chief Surveyor)

 

Bill No. 427

By-law No. S.-

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (As widening to Commissioners Road West, east of Nottinghill Road; and As widening to Commissioner Road West, west of Nottinghill Road) (Chief Surveyor)

 

Bill No. 428

By-law No. S.-

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

 

Bill No. 429

By-law No. S.-

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

 

Bill No. 430

By-law No. S.-

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As part of Nova Court; and As widening to Old Victoria Road, south of Discovery Drive) (Chief Surveyor)

 

Bill No. 431

By-law No. S.-

A by-law to repeal By-law No. S.-5358-244 entitled, “A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As part of Coronation Drive, north of South Carriage Road) (Chief Surveyor)

 

Bill No. 433

By-law No. W.-

A by-law to authorize the 2011 New Urban Parks Program (Talbot Village) Project. (Project No. PD3019) (2/21/BNEC)

 

Bill No. 434

By-law No. A.-

A by-law to delegate powers to the Executive Director of Planning, Environmental and Engineering Services to prepared and submit bids to provide Blue Box processing services to other municipalities. (17/CNC)

 

Bill No. 435

Z.-1-112046

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 1451 Wharncliffe Road South. (//BNEC)

 

Bill No. 436

Z.-1-112047

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 751 Fanshawe Park Road West. (//BNEC)

 

Bill No. 438

By-law No. Z.-1-112049

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 2062 Denview Avenue. (//BNEC)

 

Bill No. 439

By-law No. Z.-1-112050

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 2062 Denview Avenue. (//BNEC)

 

Bill No. 440

By-law No. Z.-1-112051

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1036 Commissioners Road West and 1040 Commissioners Road West. (//BNEC)

 

 

Bill No. 441

By-law No. Z.-1-112052

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1295 Webster Street and 1366 Huron Street. (//BNEC)

 

Bill No. 442

By-law No. Z.-1-112053

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 675 Riverside Drive. (//BNEC)

 

XIII

COMMITTEE OF THE WHOLE, IN CAMERA

 

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor P. Hubert and seconded by Councillor B. Polhill to Approve that Council rise and go into Committee of the Whole, in camera, at 9:36 pm for the purpose of considering the following:

 

a)

A matter pertaining to litigation or potential litigation affecting the municipality, personal matters about an identifiable individual and information whose disclosure could reasonably be expected to prejudice the economic interest of the Corporation or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation as it relates to a property damage claim.

 

b)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations arising out of contract negotiations with one of the Corporation’s unions.

 

c)

A matter pertaining to outstanding litigation commenced by Middlesex Condominium Corporation No. 229, affecting the municipality, Superior Court of Justice File No. 44190 and advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

 

d)

A matter pertaining to litigation in the Superior Court of Justice, Court File No. 06-CV-310854 PD2 between Terra Infrastructure Inc. v The Corporation of the City of London, R.V. Anderson Associates Limited and David Evans or potential litigation affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

 

e)

A matter pertaining to a proposed or pending acquisition of land by the municipality in connection with parking in the Downtown and the acquisition of a leasehold interest in parking spaces; advice that is subject to solicitor-client privilege, including communications necessary  for that purpose in connection with Downtown parking and directions and instructions of the municipality in connection with negotiations concerning a leasehold interest in parking spaces.

 

f)

A matter being considered pertaining to litigation or potential litigation with respect to the appeals of Nortel Networks Limited and Nagata Auto Parts Canada Co., Ltd. to the Environmental Review Tribunal from an Order of the Director, Ministry of the Environment, Order No. 3250-8J4J3G, dated July 20, 2011 and a motion before the Ontario Superior Court of Justice, Court File No. 09-CL-7950; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the appeals of Nortel Networks Technology Corporation and Nortel Networks Limited to the Environmental Review Tribunal from an Order of the Director, Ministry of the Environment, Order No. DP-6548-7WJKV4, dated October 29, 2009 and a motion before the Ontario Superior Court of Justice, Court File No. 09-CL-7950; and for giving directions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board.

 

The Council rises and goes into the Committee of the Whole, in camera at 9:36 p.m., with all Members present except Councillor J.P. Bryant. 

 

The Committee rises and Council resumes in regular session at 9:48 p.m.

 

 

327.

 
                        Committee of the Whole

                        Councillor Hubert presents the 32nd Report

 

Present:  Mayor J.F. Fontana, Councillors 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, S.E. White and C. Saunders (City Clerk).

 

ALSO PRESENT: J.A Fielding, R.L. Fair, M. Hayward, P. McNally, J.P. Barber, V. McAlea Major, L.M. Rowe and B. Westlake-Power.

 

1.

K. Briggs – Automobile Damage

 

Motion made by Councillor P. Hubert to Approve that, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Manager, Risk Management, with the concurrence of the City Solicitor, the appeal by Ken Briggs for compensation for costs arising from damage to his vehicle BE DENIED. (2011-L05-01)

 

Motion Passed

 

                        2.         Service Employees’ International Union, Local 1 Canada (RN Full Time and Part Time Bargaining Units) – Execution of 2011-2014 Collective Agreement

 

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

 

That, on the recommendation of the Chief Human Resources Officer, the Mayor and the City Clerk BE AUTHORIZED to execute the Collective Agreement for the period January 1, 2011 to December 31, 2014, between The Corporation of the City of London and the Service Employees International Union Local 1 Canada (Registered Nurses Full Time and Part Time Bargaining Units) (SEIU - RNs) attached at Schedule “A”, the June 30, 2011 Memorandum of Agreement.

 

Motion made by Councillor P. Hubert and seconded by Councillor B. Polhill that pursuant to Section 17.4 of the Council Procedure By-law, leave be given for the discussion and debate and the making of a substantive motion with respect to clauses 1 and 2 of the 32nd Report of the Committee of the Whole.

 

Motion Passed

 

Motion made by Councillor P. Hubert to Approve the following recommendations:

 

1.         That, on the recommendation of the Manager, Risk Management, with the concurrence of the City Solicitor, the appeal by Ken Briggs for compensation for costs arising from damage to his vehicle BE DENIED.

 

2.         That, on the recommendation of the Chief Human Resources Officer, the Mayor and the City Clerk BE AUTHORIZED to execute the Collective Agreement for the period January 1, 2011 to December 31, 2014, between The Corporation of the City of London and the Service Employees International Union Local 1 Canada (Registered Nurses Full Time and Part Time Bargaining Units) (SEIU - RNs) attached at Schedule “A”, the June 30, 2011 Memorandum of Agreement.

 

Motion Passed

 

Motion made by Councillor N. Branscombe and seconded by Councillor H.L. Usher to Approve 1st reading of Bill No. 443.

 

Motion Passed

 

Motion made by Councillor N. Branscombe and seconded by Councillor H.L. Usher to Approve 2nd reading of Bill No. 443.

 

Motion Passed

 

Motion made by Councillor H. Usher and seconded by Councillor B. Polhill to Approve 3rd reading and enactment of Bill No. 443.

 

Motion Passed

 

The following by-law is passed and enacted as a by-law of The Corporation of the City of London:

 

Bill No. 443

By-law No. A.-6738-306

328.

 

A by-law to authorize the Mayor and City Clerk to execute the Collective Agreement between Dearness Home (The Corporation of the City of London) and Service Employees International Union Local 1 Canada – Registered Nurses Bargaining Unit, Full Time & Part Time Bargaining Units. (2/32/CW)

 

XIV

ADJOURNMENT

 

 

Motion moved by Councillor H.L. Usher and seconded by Councillor D. Brown to Adjourn.

 

Motion Passed

 

The meeting adjourned at 9:50 p.m.

 

 

_________________________________

                                                                                          Joe Fontana, Mayor

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

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