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Council

MINUTES

FOURTH MEETING

 

February 13, 2018

 

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

 

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

 

ABSENT:  Councillor S. Turner.

 

ALSO PRESENT: M. Hayward, A.L. Barbon, B. Card, B. Coxhead, S. Datars Bere, C. Dawidenko, J. Farmer-Bosma, J.M. Fleming, T. Gaffney, G. Kotsifas, L. Livingstone, D. MacRae, P. McKague, D. O’Brien, A. Patis, M. Ribera, L. Rowe, K. Scherr, E. Skalski, J. Smout, E. Soldo, S. Stafford, B. Warner and B. Westlake-Power.

 

At the beginning of the Meeting all Members are present except Councillor S. Turner.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor J. Zaifman discloses a pecuniary interest in clause 7 of the 3rd Report of the Civic Works Committee, having to do with the consultant assignment for the Southeast Pressure Zone Development construction administration, by indicating that lands owned by his family are impacted by the project.

 

II

RECOGNITIONS

 

1.

His Worship the Mayor presents a cheque, on behalf of the City of London, to the United Way London Middlesex for the 2017 United Way Campaign and recognizes City employees for their fundraising efforts.

 

2.

His Worship the Mayor presents a cheque, on behalf of the City of London, to the London Food Bank on behalf of the Corporations' Business Cares Food Drive 2017 and recognizes City employees for their fundraising efforts.

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

IV

COUNCIL, IN CLOSED SESSION

 

Motion made by Councillor M. Salih and seconded by Councillor H.L. Usher to Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

 

a)

A matter pertaining to information that constitutes commercial information that is supplied in confidence to the City and if disclosed could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Middlesex-London Health Unit Board. (C1/3/CPSC)

 

b)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition of land the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed disposition of land that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition of land whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition of land. (C1/4/CSC)

 

c)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C2/4/CSC)

 

 

d)

(ADDED) A matter pertaining to personal matters, including information regarding an identifiable individual, with respect to employment-related matters; advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation; and advice subject to solicitor-client privilege, including communications necessary for that purpose. (C-1/3/SPPC)

 

 

e)

(ADDED) A matter pertaining to advice subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation.

 

Motion Passed

 

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

 

The Council rises and goes into Council, In Closed Session at 4:19 PM, with Mayor M. Brown in the Chair and all Members present except Councillor S. Turner.

 

The Council, In Closed Session rises at 4:51 PM and Council reconvenes at 4:55 PM, with Mayor M. Brown in the Chair and all Members present except Councillor S. Turner.

 

 

 

 

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE THIRD MEETING HELD ON JANUARY 30, 2018

 

Motion made by Councillor J. Morgan and seconded by Councillor B. Armstrong to Approve the Minutes of the Third Meeting, held on January 30, 2018. 

 

Motion Passed

 

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

 

VI

COMMUNICATIONS AND PETITIONS

 

None.

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

VIII

REPORTS

 

 

3rd Report of the Civic Works Committee

Councillor T. Park presents.

 

Motion made by Councillor T. Park to Approve clauses 1 through 22, excluding clause 7.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Absent From Meeting

 

That it BE NOTED that a communication dated February 6, 2018 from Councillor V. Ridley, related to her being absent from the meeting, was received.

(2018-C12)

 

3.

Contract Award  -  T17-130 Wonderland Road South Two-Lane Upgrade

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken with respect to the award of a contract for the Wonderland Road South Two-Lane Upgrade from Highway 401 to Highway 402:

 

a)         the bid submitted by Bre-Ex Construction Inc. at its submitted tendered price of $6,590,096.80 (excluding HST), for the said project BE ACCEPTED; it being noted that the bid submitted by Bre-Ex Construction Inc. was the lowest of six  bids received and meets the City's specifications and requirements in all areas;

 

b)         WSP Canada Group Limited BE AUTHORIZED to carry out the resident inspection, contract administration of the said project in the amount of $558,412 (excluding HST), in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

e)         the approval given herein BE CONDITIONAL upon The Corporation entering into a formal contract for the material to be supplied and the work to be done relating to this project (Tender 17-130); and,

 

f)          the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-L04/T04)

 

 

 

 

4.

Amendments to the Traffic and Parking By-law (Relates to Bill No. 85)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law, as appended to the staff report dated February 6, 2018, BE INTRODUCED at the Municipal Council meeting to be held on February 13, 2018 for the purpose of amending the Traffic and Parking by-law (PS-113). (2018-T08)

 

5.

Hamilton Road Infrastructure Lifecycle Renewal -  Chesley Avenue to Egerton Street -  Hydro and Telecommunication Utility Locations

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Hamilton Road Infrastructure Lifecycle Renewal Project from Chelsey Avenue to the west side of Egerton Street:

 

a)         the staff report dated February 6, 2018, outlining the cost and schedule implications related to converting utilities from overhead to underground on Hamilton Road BE RECEIVED for information; and,

 

b)         the Civic Administration BE DIRECTED to tender the project for implementation in 2018 as currently designed maintaining the aerial hydro and telecommunications utility arrangements. (2018-E06)

 

6.

Contract Award -  Tender No. 17-129 Western Road/Wharncliffe Road North Improvements Phase 2

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken with respect to the award of a contract for the Western Road/Wharncliffe Road North Improvements Phase 2 project:

 

a)         the bid submitted by J-AAR Excavating Limited at its submitted tendered price of $8,033,093.95 (excluding HST), for the said project BE ACCEPTED; it being noted that the bid submitted by J-AAR Excavating Limited was the lowest of five bids received and meets the City's specifications and requirements in all areas;

 

b)         AECOM Canada Ltd. BE AUTHORIZED to carry out the resident inspection, contract administration of the said project in the amount of $414,036 (excluding HST), in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

e)         the approval given herein BE CONDITIONAL upon The Corporation entering into a formal contract for the material to be supplied and the work to be done relating to this project (Tender 17-129);

 

f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, including rail-related agreements if required, to give effect to these recommendations; and,

 

g)         the installation of an intersection pedestrian signal on Western Road at Hollywood Crescent BE APPROVED. (2018-T04)

 

8.

Sole Source Award - Acoustic Fiber Optic Monitoring Contract Project No. EW3538

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Acoustic Fiber Optic (AFO) Monitoring Contract:

 

a)         the contract value for Pure Technologies Ltd., 3rd Floor, 705-11 Avenue SW, Calgary, Alberta, T2R 0E3, BE APPROVED, in accordance with section 14.3(c) of the Corporation of the City of London’s Procurement of Goods and Services Policy, in the amount of $150,922.00 (excluding HST) for 2018 to continuously monitor 15.86 km of the City’s most critical watermains;

 

b)         the financing for this project BE APPROVED from current available budget as set out in the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

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

 

d)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-E03)

 

9.

Appointment of Consulting Engineer for Detailed Design and Contract Administration of the Fox Hollow Stormwater Management Facility No. 1-North Cell (ESSWM-FH1)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consulting engineer for the detailed design and contract administration of the Fox Hollow Stormwater Management (SWM) Facility No. 1 - North Cell:

 

a)         Stantec Consulting Ltd. BE APPOINTED as consulting engineer to carry out the detailed design and contract administration for the said project, in the total amount of $398,486.55 (including contingency), excluding HST, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;

 

b)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

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

 

d)         the approvals given herein BE CONDITIONAL upon The Corporation entering into a formal contract; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-E03)

 

10.

Contract Award  - T17-56 North Lambeth P9 Stormwater Management Facility (ESSWM  - DCNLP9)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contract for the North Lambeth P9 Stormwater Management Facility project:

 

a)         the bid submitted by J-AAR Excavating Limited, at its tendered price of $4,724,216.75, excluding HST, BE ACCEPTED, it being noted that the bid submitted by J-AAR Excavating Limited was the lowest of six (6) bids received;

 

b)         the engineering fees for Stantec Consulting Limited, in the total amount of $373,238.25 (including contingency), excluding HST, BE ACCEPTED to carry out the construction administration and inspection in accordance with Section 15.2(g) of the Procurement of Goods and Services Policy;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

e)         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,

 

 

f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-E03)

 

 

 

11.

Weeping Tile Disconnection Promotional Canvassing Campaign

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the recommended action to promote weeping tile disconnection through door-to-door canvassing with the Growing Naturally Program BE ENDORSED. (2018-E13)

 

12.

2017 Ministry of the Environment and Climate Change Inspection Report for the City of London Water Distribution System

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the report dated February 6, 2018 related to the findings of the 2017 Ministry of the Environment and Climate Change Inspection of the City of London Water Distribution System, BE RECEIVED. (2018-E13)

 

13.

Contract Price Increase -  Tender T17-15 Infrastructure Renewal Program - Byron Baseline Road Reconstruction Project

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the 2017 Byron Baseline Road Reconstruction project:

 

a)         the 2017 Byron Baseline Reconstruction (Tender T17-15) contract value with Bre-Ex Construction Inc. BE INCREASED by $650,000.00 to $6,499,025.30 excluding HST, in accordance with Section 20.3 (e) of the Procurement of Goods and Services Policy;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

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

 

d)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-T04)

 

14.

Strategic Plan Variance Report

 

That, on the recommendation of the City Manager, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated February 6, 2018, related to Strategic Plan Progress Variance, BE RECEIVED. (2018-C08)

 

15.

1st Report of the Waste Management Working Group

 

That the 1st Report of the Waste Management Working Group, from its meeting held on January 18, 2018, BE RECEIVED.

 

16.

1st Report of the Transportation Advisory Committee

 

That the 1st Report of the Transportation Advisory Committee, from its meeting held on January 23, 2018, BE RECEIVED.

 

17.

Wharncliffe Road South Environmental Study Report

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Wharncliffe Road South Improvements Environmental Assessment:

 

a)          the Wharncliffe Road South from Becher Street to Commissioners Road Municipal Class Environmental Study report BE ACCEPTED;

 

b)          a Notice of Completion for the project BE FILED with the City Clerk; and,

 

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

 

it being noted that the Civic Works Committee received the attached presentation from D. MacRae, Division Manager, Transportation Planning and Design;

 

it being further noted that the Civic Works Committee heard the following delegations related to this matter:

 

•           N. Finlayson, 100 Stanley Street – see attached speaking notes; and,

•           T. Dupont-Martinez – expressing support for the property at 100 Stanley Street remaining in-situ. (2018-E05)

 

18.

2nd Report of the Cycling Advisory Committee

 

That the following actions be taken with respect to the 2nd Report of the Cycling Advisory Committee from its meeting held on January 17, 2018:

 

a)         that the attached proposed London Bicycle Friendly Award Policy BE REFERRED to the City Clerk for review and consideration and a report back to the appropriate standing committee;

 

b)         J. Fullick, Technologist and J. Pucchio, AECOM, BE ADVISED that the Cycling Advisory Committee (CAC) expressed its support for the proposed cycling solution for the Victoria Bridge Municipal Class Environmental Assessment; it being noted that the CAC received the attached presentation from J. Fullick, Technologist and J. Pucchio, AECOM, with respect to this matter;

 

c)         that the following actions be taken with respect to the proposal to close Oxford Street, in its entirety, on a Sunday morning from 6:00 AM to 10:00 AM during the summer:

 

i)          it BE NOTED that a verbal presentation from J. Rule, Cycling Advocate, with respect to this proposal was received; it being noted that Ottawa, Montreal and Winnipeg have similar programs;

ii)         the above-noted proposal BE AMENDED to consider closing Dundas Street instead of Oxford Street; and,

iii)         the above-noted proposal BE ADDED to the proposed 2018 Cycling Advisory Committee (CAC) Work Plan for investigation, noting that the CAC will consult with cycling groups in the development of a recommendation for Municipal Council’s consideration; and,

 

d)         clauses 1 to 4 and 7, BE RECEIVED;

 

it being noted that the Civic Works Committee heard a verbal delegation from W. Pol, Vice-Chair, Cycling Advisory Committee, with respect to this matter.

 

19.

Underground Utilities on Hamilton Road

 

That the communications from Councillor M. van Holst related to the possibility of moving utility wires underground on Hamilton Road BE RECEIVED and no further action be taken with respect to this matter. (2018-E06)

 

20.

Private Drain Connection (PDC) Projects

 

That the Director of Water and Wastewater BE REQUESTED to review the Wastewater and Stormwater By-law WM-28 as it relates to fees and charges for Private Drain Connections (PDC) work undertaken as part of a City of London construction project and report back with respect to a potential blended fee for mixed use properties that is reflective of a balanced charge between the current residential and commercial fees; it being noted that a communication dated January 16, 2018, from Councillor T. Park was received related to this matter. (2018-E09)

 

21.

Pedestrian Sidewalk  - Pack Road and Colonel Talbot Road - J. Burns

 

That the communication from J. Burns related to a request for a pedestrian crosswalk at the intersection of Pack Road and Colonel Talbot Road BE REFERRED to the Division Manager, Transportation Planning and Design for review and consultation with Mr. Burns as well as a report back to the appropriate standing committee related to this matter.

 

 

 

 

 

 

22.

Deferred Matters List

 

That the Civic Works Committee deferred list, as of December 12, 2017, BE RECEIVED.

 

Motion Passed

 

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

 

Motion made by Councillor T. Park to Approve clause 7.

 

7.

Consultant Assignments -  Southeast Pressure Zone Development -  Construction Administration

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Southeast Pressure Zone Development project:

 

a)         AECOM Canada Limited BE AUTHORIZED to carry out the resident supervision and contract administration for said project in the amount of $131,604.00 (excluding HST), in accordance with Section 15.2(g) of the Corporation of the City of London’s Procurement of Goods and Services Policy;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 6, 2018;

 

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

 

d)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-E03)

 

Motion Passed

 

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

 

RECUSED: J. Zaifman (1)

 

 

3rd Report of the Community and Protective Services Committee

Councillor M. Cassidy presents.

 

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

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Middlesex-London Health Unit Site Selection

 

That the following actions be taken with respect to the report dated February 5, 2018, from the Medical Officer of Health, Middlesex-London Health Unit, related to the Middlesex-London Health Unit Site Selection:

 

a)         the above-noted report BE RECEIVED; and,

 

b)         the Board of Health of the Middlesex-London Health Unit (MLHU) BE ADVISED that pursuant to subsection 52(4) of the Health Protection and Promotion Act, R.S.O. 1990, c.H.7 (the “Act”), the Municipal Council consents to the MLHU’s proposal to lease real property for the purposes of consolidating its London operations and performing its mandatory functions and duties under the Act or any other Act;

 

it being noted that the Community and Protective Services Committee received the attached presentation from Dr. C. Mackie and J. Banninga, Middlesex-London Health Unit, with respect to this matter.

 

 

 

Motion Passed

 

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

 

 

4th Report of the Corporate Services Committee

Councillor J. Helmer presents.

 

Motion made by Councillor J. Helmer to Approve clauses 1 to 9.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

City of London Days at Budweiser Gardens - United Way London & Middlesex

 

That, on the recommendation of the City Clerk and in accordance with Council Policy – City of London Days at Budweiser Gardens, the request from the United Way London & Middlesex to host the annual United Way Campaign Launch & 3M Harvest Lunch on September 20, 2018, BE APPROVED as a City of London Day at Budweiser Gardens.

 

3.

Amendment to Flags at City Hall Policy (Relates to Bill No. 84)

 

That, on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated February 6, 2018 BE INTRODUCED at the Municipal Council meeting to be held on February 13, 2018 for the purpose of replacing the Flags at City Hall Policy with a new Flags at City Hall Policy to incorporate the provision of the annual observance of the anniversary of the London Township Treaty and to make some minor numbering changes.

 

4.

Strategic Plan Progress Variance

 

That, on the recommendation of the City Manager, with the concurrence of the Managing Director Corporate Services, City Treasurer and Chief Financial Officer, the staff report dated February 6, 2018 with respect to the Strategic Plan progress variance BE RECEIVED.

 

5.

Declare Surplus and Sale - 330 Thames Street (South Portion)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the south portion of vacant land located at 330 Thames Street, described as Part of Lot 25, north of York Street west, City of London, County of Middlesex, being part of PIN 08322-0020 (the “Property”) as shown on Schedule “A”, as appended to the staff report dated February 6, 2018, the following actions be taken:

 

a)         the southerly portion of the subject property, as outlined on Schedule “A”, BE DECLARED SURPLUS; and

 

b)         the subject property BE OFFERED for sale to the abutting property owner at fair market value, in accordance with the City’s Sale and Other Disposition of Land Policy.

 

6.

Apportionment of Taxes

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the taxes on the blocks of land described in the Schedules appended to the staff report dated February 6, 2018 BE APPORTIONED as indicated on those Schedules, pursuant to Section 356 of the Municipal Act, 2001; it being noted that there were no members of the public in attendance to speak to the Corporate Services Committee at the public hearing associated with this matter.

 

7.

Consideration of Appointment to the Transportation Advisory Committee (Requires 2 Members at Large)

 

That the following BE APPOINTED to the Transportation Advisory Committee as Voting Members at Large for the term ending February 28, 2019;

 

Tariq Khan

Storm Morgan

 

it being noted that the above individuals were appointed in accordance with the attached ranked ballot.

 

8.

Consideration of Appointment to the Accessibility Advisory Committee (Requires 1 Member at Large)

 

That Pamela Quesnel BE APPOINTED to the Accessibility Advisory Committee as a Voting Member at Large for the term ending February 28, 2019; it being noted that the appointment was made in accordance with the attached ranked ballot.

 

9.

Forest City Beer Fest 2018 Winter Pop Up Bar - Request for Designation as a Municipally Significant Event

 

That the Forest City Beer Fest 2018 Winter Pop Up Bar event, to be held on March 2 and 3, 2018, at 211 King Street from 7:00 p.m. to 2:00 a.m., BE DESIGNATED as an event of municipal significance in the City of London.

 

Motion Passed

 

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

 

IX

ADDED REPORTS

 

 

1st Report of the Audit Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 9, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Election of Vice-Chair for the term ending November 30, 2018

 

That M. van Holst BE ELECTED Vice Chair of the Audit Committee for the term ending November 30, 2018.

 

3.

Audit Planning Report for the Year Ended December 31, 2017

 

That the KPMG LLP Audit Planning Report, for the year ending December 31, 2017, BE APPROVED; it being noted that the Audit Committee received a verbal presentation from K. den Bok, with respect to this matter.

 

4.

London Downtown Closed Circuit Television Program – Report on the Results of Applied Specified Auditing Procedures for the Year Ending December 31, 2017

 

That the KPMG Report on Specified Auditing Procedures for the London Downtown Closed Circuit Television Program, for the year ending December 31, 2017, BE RECEIVED.

 

5.

Building Permit Review - Internal Audit Report

 

That the following actions be taken with respect to the Building Permit Review Internal Audit Report:

 

a)         the above-noted audit report issued in January 2018, BE RECEIVED and the recommendations BE IMPLEMENTED, as appropriate;

 

b)         the submissions of Councillor M. van Holst BE REFERRED to the Managing Director, Development and Compliance Services and Chief Building Official in order to meet with London Hydro to investigate the feasibility of the implementation of a system similar to London Hydro’s “Builders’ Portal” to automate portions of the building permit approval process;

 

c)         the Civic Administration BE DIRECTED to bring forward an addendum report in June of this year with respect to this audit, including specific details of an action plan for implementation of the above-noted recommendations; and,

 

d)         the Civic Administration BE REQUESTED to collaborate with other service areas, specifically the Service London Team, related to the creation and implementation of a customer service survey in order to better understand the service perception in the public and opportunities for improvement;

 

it being noted that the attached documents related to the London Hydro service portal were circulated to committee members by Councillor M. van Holst.

 

6.

Freedom of Information Process Review - Final Internal Audit Report

 

That the Internal Audit Report with respect to the Freedom of Information Process Review, Internal Audit Report, issued January 2018, BE RECEIVED and the recommendations BE IMPLEMENTED as appropriate, and in accordance with applicable legislation.

 

7.

Internal Audit Summary Update Memo

 

That the memo dated January 29, 2018, from Deloitte, with respect to the internal audit summary update BE RECEIVED.

 

8.

June 2017 - December 2018 Internal Audit Dashboard as at January 29, 2018

 

That the communication from Deloitte, regarding the June 2017 - December 2018 internal audit dashboard as of January 29, 2018, BE RECEIVED.

 

9.

Observation Summary as at January 29, 2018

 

That the Observation Summary from Deloitte, as of January 29, 2018, BE RECEIVED.

 

Motion Passed

 

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

 

 

3rd Report of the Strategic Priorities and Policy Committee

Councillor V. Ridley presents. 

 

Motion made by Councillor V. Ridley to Approve clauses 1 to 5, inclusive.

 

1.            Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.            2018 Assessment Growth Funding Allocation

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the 2018 Assessment Growth Funding Allocation report BE RECEIVED for information.

 

3.          Strategic Plan Progress Variance

 

That, on the recommendation of the City Manager, with the concurrence of the Managing Director of Planning and City Planner and the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated February 12, 2018, with respect to the Strategic Plan progress variance BE RECEIVED for information.

 

4.            2019 Development Charges (DC) Study - Growth Projections

 

That, on the recommendation of the Managing Director, Development and Compliance Services & Chief Building Official, the following actions be taken with respect to the 2019 Development Charges Study growth forecast:

 

a)         the staff report dated February 12, 2018, regarding the Growth Projections Sensitivity Analysis, BE RECEIVED for information;

 

b)         the updated final report prepared by Watson and Associates Economists entitled “City of London Population, Housing and Employment Growth Forecast Update, 2016 to 2044” included as Appendix “B” to the staff report dated February 12, 2018, BE RECEIVED for information; and

 

c)         the housing and non-residential reference growth scenarios outlined in the updated final report prepared by Watson and Associates Economists entitled “City of London Population, Housing and Employment Growth Forecast Update, 2016 to 2044” BE ENDORSED for use in the 2019 Development Charges Study.

 

5.         2019 Development Charges Background Study: Interim Financing for Growth Infrastructure Projects

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated February 12, 2018 regarding the use of the City’s working capital as an interim source of financing for growth infrastructure projects BE RECEIVED for information; it being noted that future interest costs will be borne by the Development Charges Reserve Funds.

 

 

Motion Passed

 

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

 

 

4th Public Report of the Council, In Closed Session

Councillor V. Ridley presents. 

 

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

 

ABSENT:  Councillor S. Turner.

 

ALSO PRESENT:   A.L. Barbon, B. Card, B. Coxhead, L. Rowe, K. Scherr, J. Smout and B. Warner.

 

Motion made by Councillor V. Ridley and seconded by Councillor H.L. Usher to Approve clauses 1 and 2:

 

1.            330 Thames Street – Sale of South Portion

 

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

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the south portion of vacant land located at 330 Thames Street, described as Part of Lot 25, north of York Street west, City of London, County of Middlesex, being part of PIN 08322-0020 (the “Property”) as shown on Schedule “A:

 

a)         the offer submitted by Tricar Properties Limited (the “Purchaser”) to purchase from the City land, municipally known as 330 Thames Street, located on the east side of Thames Street, north side of York Street, City of London, County of Middlesex, described as Part of Lot 25, north of York Street west, City of London, County of Middlesex, being part of PIN 08322-0020 (the “Property”), as shown on Schedule “A” of the offer, containing an area of approximately 16,498 square feet, for the sum of $260,000.00, BE ACCEPTED, attached as Schedule “B”, subject to the following conditions:

 

i)          the Purchaser acknowledges that the Property is being purchased on an "as is" basis;

ii)         the City agreeing, at its expense, to prepare and deposit on title on or before closing a reference plan describing the Property;

iii)         the completion of the transaction contemplated pursuant to this offer is conditional upon the approval of the Provincial Ministry of Natural Resources and Forestry and subsequent transfer of the property to The Corporation of the City of London by the Upper Thames River Conservation Authority (UTRCA); and

iv)        the closing of the transaction contemplated within this offer shall occur thirty (30) days following the Transfer of the Property to the Vendor by the UTRCA.

 

2.         Property Acquisition – 332 Wharncliffe Road North – Western Road Widening Project

 

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

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Director of Roads and Transportation, on the advice of the Manager of Realty Services, the following actions be taken with respect to the property located at 332 Wharncliffe Road North, further described as Part of Lots 5, 6 and 7, Registrar’s Compiled Plan 434(W), designated as Part 2, Reference Plan 33R-7913, and being PIN 08248-0053 (LT):

 

a)         the offer submitted by Thomas Bujouves to sell the subject property to the City, for the sum of $925,000 BE ACCEPTED subject to HST inclusive of interest, subject to the following conditions:

 

i)          the Vendor not making any representation or warranty in relation to the condition or suitability of the property and the City accepts the property “as is”;

 

ii)         the City agreeing to pay the Vendors’ reasonable legal and consulting costs, including fees, disbursements and applicable taxes, to complete this transaction, subject to assessment;

 

iii)         the  Vendor  obtaining,  on  or  before  closing a discharge of mortgage for the property;

 

iv)        if required, the City agreeing to prepare and deposit on title, on or before closing and at its expense, a reference plan describing the property;

 

v)         an offer to settle the claimant’s legal and consulting costs, in the amount of up to $105,695, including disbursements and subject to HST, failing which the matter would be referred to assessment by the local Assessment Officer;

 

vi)        the Vendor forever releasing and discharging the City for and from all actions, causes of actions, suits, claims and demands of every nature or kind arising out of or in any way related to or connected with the purchase including all claims for the market value of land taken, any damages attributable to disturbance, any claims for injurious affection to remaining lands, business loss, interest and any special difficulties in relocation now known or which may be known or anticipated but which may arise in the future; and

 

b)         the financing for this acquisition BE APPROVED as set out in the source of Financing Report attached hereto as Appendix “A”;

 

it being noted that this is an important property acquisition, as portions of it are required for the road widening along Wharncliffe Road North in 2018.

 

Motion Passed

 

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

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

None.

 

 

XII

EMERGENT MOTIONS

 

None.

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No.’s 83 to 92 and the Added Bill No’s 93 and 94.

 

Motion Passed

 

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

 

Motion made by Councillor M. van Holst and seconded by Councillor J. Zaifman to Approve Second Reading of Bill No.’s 83 to 92 and the Added Bill No’s 93 and 94.

 

Motion Passed

 

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

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No.’s 83 to 92 and the Added Bill No’s 93 and 94.

 

Motion Passed

 

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

 

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

 

Bill No. 83

By-law No. A.-7681-62

A by-law to confirm the proceedings of the Council Meeting held on the 13th day of February, 2018. (City Clerk)

 

Bill No. 84

By-law No. CPOL.-114(a)-63

A by-law to amend By-law No. CPOL.-114-366 being “A by-law to revoke and repeal Council policy related to Flags at City Hall and replace it with a new Council policy entitled Flags at City Hall.” (3/4/CSC)

 

Bill No. 85

By-law No. PS-113-18013

A by-law to amend By-law No. PS-113, entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (4/3/CWC)

 

Bill No. 86

By-law No. S.-5907-64

A by-law to assume certain works and services in the City of London. (Andover Trails Phase 3, Plan 33M-634) (City Engineer)

 

Bill No. 87

By-law No. S.-5908-65

A by-law to assume certain works and services in the City of London. (Bierens Subdivision Plan 33M-636) (City Engineer)

 

Bill No. 88

By-law No. S.-5909-66

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Base Line Road East, west of Wortley Road) (Chief Surveyor - pursuant to Consent B.018/17 and in accordance with Zoning By-law Z-1)

 

Bill No. 89

By-law No. S.-5910-67

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Colonel Talbot Road, north of Main Street) (Chief Surveyor - require dedication at the present time as public highway)

 

 

 

 

Bill No. 90

By-law No. S.-5911-68

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Grey Street, west of William Street) (Chief Surveyor - pursuant to Consent B.048/16 and in accordance with Zoning By-law Z-1)

 

Bill No. 91

By-law No. S.-5912-69

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Wharncliffe Road South and Wonderland Road South) (Chief Surveyor - pursuant to SP15-027453 and in accordance with Zoning By-law Z-1)

 

Bill No. 92

By-law No. S.-5913-70

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening Windermere Court West, east of Ryersie Road) (Chief Surveyor - requires dedication at the present time on Windermere Court West (due to an oversight in 1986) as public highway)

 

Bill No. 93

By-law No. A.-7682-71

A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Tricar Properties Limited, for the acquisition of a portion of the property located at 330 Thames Street, in the City of London, and to authorize the Mayor and the City Clerk to execute the Agreement.

(C-1/4/CSC)

 

Bill No. 94

By-law No. A.-7683-72

A By-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Thomas Bujouves, for the acquisition of 332 Wharncliffe Road North, for the purpose of the Western Road Widening Project, and to authorize the Mayor and City Clerk to execute the Agreement. (C-2/4/CSC)

 

XIV

ADJOURNMENT

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve that the meeting adjourn.

 

The meeting adjourns at 5:17 PM.

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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