September 19, 2011
Present:
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, J.P. Bryant, S.E. White, C. Saunders
Also Present:
J.A. Fielding, R.L. Fair, M. Hayward, P. McNally, G.T. Hopcroft, E. Gamble, B. Westlake-Power, V. McAlea Major, J. Braam, J. Stanford, T.A. Johnson, M. Turner, J. Kobarda, D. Ailles, S. Axford
The Council meets in Regular Session in the Council Chambers this day at 5:02 p.m.
I. RECOGNITIONS
1. Arts, Culture &
Heritage Advisory and Funding
Moved by Councillor Hubert Approve
the following actions be taken with respect to Arts, Culture & Heritage Advisory and Funding (1.1.2): (a) the Cultural Prosperity Plan, targeted for 2012, BE REFERRED to the Investment and Economic Prosperity Committee; and, (b) the Civic Administration BE REQUESTED to look at shared service models (ie. Centre for Social Innovation) that may be utilized by arts organizations within the City; it being noted that measurables will be incorporated in both granting and evaluation criteria.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
2. Art Gallery &
Museums
Moved by Councillor Hubert
Approve That Civic Administration BE DIRECTED to report back with respect to current subsidies and potential re-allocation of resources, related to heritage, arts and culture.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
3. Libraries
Moved by Councillor Hubert
Approve that the following actions be taken with respect to Libraries: (a) the London Public Library Board BE REQUESTED to petition the Province with respect to providing changes to the regulatory framework related to the fees that a public library may charge for services in order to allow for revenue generation within the library service; and, (b) the London Public Library Board BE REQUESTED to provide information to the Services Review Committee, related to the Board’s fundraising, funding initiatives and innovations currently being undertaken or considered.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
4. Covent Garden
Market
Moved by Councillor Hubert
Approve that the Civic Administration, in conjunction with the Covent Garden Market, BE REQUESTED to report back to the Services Review Committee with respect to governance options, funding, building ownership options and other opportunities related to the Covent Garden Market.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
5. Business Attraction
and Retention
Moved by Councillor Hubert
Approve that the following actions be taken with respect to business attraction and retention: (a) the Chief Administrative Officer’s August 12, 2011 presentation to the Economic Summit BE FORWARDED to the Investment and Economic Prosperity Committee, when enacted; and, (b) the London Economic Development Corporation BE REQUESTED to provide information, and assist with opportunities, to strengthen business retention, particularly as it relates to accessing private capital funding.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
II. DISCLOSURES
OF PECUNIARY INTEREST
268. 268.
Councillor S. White discloses a pecuniary interest in clause 18 of the 21st Report of the Built and Natural Environment Committee, having to do with Beaufort Street, Irwin Street, Gunn Street and Saunby Street Neighbourhood Planning Options, by indicating that her employer owns property and has an office that Councillor White occasionally works out of an office on Gunn Street.
269. 269.
270. 270.
III. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE FOURTEENTH MEETING HELD ON AUGUST 29, 2011
Moved by Councillor M. Brown
Seconded by Councillor P. Hubert
Approve the Minutes of the fourteenth meeting of London Council; it being noted that the Minutes should reflect that Councillor H. Usher left the meeting at 1:00 a.m.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
271. 271.
IV. REVIEW
OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
The Council reviews the confidential matters listed for consideration at this meeting and determines that none should be considered in public.
272. 272.
V. COMMUNICATIONS
AND PETITIONS
273. 273.
VI. MOTIONS
OF WHICH NOTICE IS GIVEN
There are none.
274. 274.
VII. ADDED
REPORTS
VIII. REPORTS
Moved by Councillor M. Brown
Seconded by Councillor B. Polhill
change the order of business, pursuant to section 7.3 of the Council Procedure By-law, in order to permit the consideration of clause 6 of the Community and Neighbourhoods Committee Report at this time.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
275. 275.
6. Competitive
Advantage
Moved by Councillor Hubert
Approve that the London Economic Development Corporation BE REQUESTED to provide the Competitive Advantage Report to the next meeting of the Committee of the Whole.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
276. 276.
7. Tourism &
Sports Attraction and Services
Moved by Councillor Hubert
Approve that Tourism London BE REQUESTED to provide an information report to the appropriate standing committee with respect to the formulation of a plan for tapping niche markets and for the establishment of an attraction or entertainment destination within the City of London.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
8. Hotel Tax
Moved by Councillor Hubert
Approve that the following actions be taken with respect to the potential establishment of a “Destination Marketing Fee” or “Hotel Levy” in the City of London: (a) the Civic Administration BE DIRECTED to report back at a future meeting of the Services Review Committee (SRC) with respect to the feasibility and logistics of considering the implementation of the above-noted fee, including consultation with Tourism London; and, (b) Tourism London BE REQUESTED to provide information to the SRC with respect to possible future direction of the Provincial Government with respect to this matter, including potential changes based on the October 2011 election.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
9. Conservation
Authorities
Moved by Councillor Hubert
Approve that the Municipal Council BE REQUESTED to petition the Association of Municipalities of Ontario to lobby the Provincial Government with respect to the need for a review of the funding model for Conservation Authorities in Ontario.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
10. Environmental
Programs
Moved by Councillor Hubert
Approve that the following actions be taken with respect to the City of London Green Bin Program, as noted in the Environmental Services program business plan: (a) the support of the Services Review Committee (SRC) for the Green Bin Program BE CONFIRMED; (b) the examination of a “utility model” for the implementation of the Green Bin Program BE INCORPORATED in to the pilot project, including potential revenue streams; and, (c) a report related to the utility model, noted above in part (b), BE FORWARDED to a future meeting of the SRC.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
11. Capital Funding for
Repairs to Arts Building in Queens Park
Moved by Councillor Hubert
Approve that the Western Fair District (Western Fair Association) BE REQUESTED to consider a more substantive contribution to the re-use of the Arts Building at Queens Park, in consideration of the current rental agreement; it being noted that the SRC is fully supportive of the re-use of the building.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
12. Community Centres
Moved by Councillor Hubert
Approve that the Civic Administration BE DIRECTED to report back with respect to potential revenue generation opportunities related to sponsorship of facilities, naming rights, etc. related to community centres.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
13. Golf
Moved by Councillor Hubert
Approve that, notwithstanding the current Council direction related to the Municipal Golf System, the matter of municipal golf BE “PARKED” for consideration with all projects; see clause 30, below.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
14. Special Events
Moved by Councillor Hubert
Approve that the Civic Administration BE ASKED to report back with respect to opportunities to re-evaluate rental fees for “for-profit” events, with a charity component, based on the amount of event-profit being provided to the charity.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
15. Sports Services
Moved by Councillor Hubert
Approve That the Civic Administration BE REQUESTED to report back to the Services Review Committee with respect to efficiencies related to the administration of adult sports, sports tourism, and like activities, that may be advantageous to consider consolidating.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
17. Downtown
Revitalization Programs
Motion made Councillor Hubert to Approve that the Civic Administration BE REQUESTED to provide an information report to the Services Review Committee (SRC) with respect to the feasibility of establishing “sunset” dates for existing subsidy programs and incentives; it being noted the SRC held a general discussion with respect to funding programs and the potential re-introduction of development charges for the downtown area, in order to assist in funding such projects as urban civic public spaces.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
16. Parks and
Horticulture
Moved by Councillor Hubert
Approve that the following actions be taken with respect to the Parks and Horticulture Business Plan; (a) the Executive Director of Community Services BE REQUESTED to bring forward a report to the Services Review Committee (SRC) related to a business case for the roadside maintenance requirements of the Veterans’ Memorial Parkway; (b) the Civic Administration BE REQUESTED to report back to the SRC related to opportunities for maintenance of community spaces and common areas, including programs such as “adopt-a-park”; and, (c) the Civic Administration BE REQUESTED to investigate opportunities related to the maintenance of subdivision developments (boulevards, stormwater management ponds, etc.), including retro-active opportunities.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
18. Building/Fire
Inspection Services
Moved by Councillor Hubert
Approve that the Civic Administration BE DIRECTED to review and report back to the Services Review Committee with respect to the potential for the integration of Building and Fire Inspection services in order to streamline inspections, provide a more efficient and cost effective services as well as take advantage of revenue generation opportunities.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
19. 2012 Budget
Moved by Councillor Hubert
Approve that the following actions be taken related to the 2012 Budget: (a) the Civic Administration BE DIRECTED to prepared a summary of the process undertaken by the Service Review Committee (SRC) with respect to Pre-Budget preparation and indicate that the Budget process is intended to deal with the “parked items” (add and cut list); (b) the Civic Administration BE DIRECTED to prepare report back to the SRC with respect to initiatives to improve the public engagement process during the Budget process; and, (c) the Chair of the Service Review Committee BE DIRECTED to meet with the Mayor to review the Pre-Budget process undertaken by the Service Review Committee in preparation for the Budget review process.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
20. Services Review
Committee – Mandate
Moved by Councillor Hubert
Refer part (a) of clause 20 of the 3rd Report of the Services Review Committee BE REFERRED back to the Civic Administration to provide a report to the Committee of the Whole, including but not limited to the following matters, relating to the SRC structure: (i) the propsed re-naming to “Service Review – Pre-Budget Committee”; (ii) a revised terms of reference for the Committee to address a mandate of ‘pre-budget review’ and recommendations to Council concerning the budget; and
(iii) revised membership to ensure that all of the Council’s Standing Committees are appropriately represented;
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14) Part (a) of clause 20 as referred reads as follows: (a) the name of the Service Review Committee (SRC) BE CHANGED to “Service Review – Pre-Budget Committee”;
Motion Passed
Moved by Councillor Hubert
Approve part (b) of clause 20, that the following actions be taken with respect to the Services Review Committee: (b) at an October meeting of the SRC, the need to petition the Province of Ontario to undertake legislative changes to provide more flexibility for municipalities to collect fees for services provided by the municipality in order to maintain current service levels, specifically related to animal control to support activity and alternative means of delivering the service, BE INCLUDED on the agenda for discussion.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
21. Finance
Moved by Councillor Hubert
Approve that the Civic Administration BE DIRECTED to provide a report evaluating the administrative restructuring with respect to the reporting relationships to the City Treasurer and Chief Financial Officer, including providing information on the resources required to ensure that administration is right-sized for the area.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
22. Legal
Moved by Councillor Hubert
Approve that the City Solicitor BE REQUESTED to submit a Business Plan.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
30. “Parked” Business
Cases and Business Plans – Future Consideration
277. 277.
278. 278.
Community and Neighbourhoods Committee, cont. Councillor Usher presents the 15th Report
279. 279.
280. 280.
281. 281.
23. 311
Moved by Councillor Hubert
Approve that the Civic Administration BE DIRECTED to submit a Business Plan for the implementation of a 311 System; it being noted that improved customer service and internal efficiencies are a priority for the Service Review Committee.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
24. Energy Efficiency
Initiatives
Moved by Councillor Hubert
Approve that the Director of Environmental Programs & Solid Waste BE REQUESTED to provide a report to the Services Review Committee with respect to energy initiatives that have been and will be undertaken, including information from London Hydro with respect to energy initiatives that they are undertaking, in order to ensure a coordinated approach.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
25. Fleet Service
Moved by Councillor Hubert
Approve that Service Shop Operations Leads from London Police Services, London Transit Commission, London Fire Services and London Hydro BE INVITED to attend a future Services Review Committee meeting to discuss the potential for integrated fleet service shops.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
26. Business Planning
Process
27. Community
Engagement in Business Planning
28. Toronto Service
Review Program – Observations & Comparison to London
29. Business Plan
Workbook 2012 – 2016
31. Business Plans
32. Storybook Gardens
33. Disclosures
IX. DEFERRED
MATTERS
X. ENQUIRIES
XI. EMERGENT
MOTIONS
282. 282.
XII. BY-LAWS
BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:
Moved by Councillor Polhill
Seconded by Councillor Orser
Approve first reading of Bill No. 371.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13) RECUSE: P. Hubert (1)
Motion Passed
Moved by Councillor Polhill
Seconded by Councillor D. Brown
Approve second reading of Bill No. 371.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13) RECUSE: P. Hubert (1)
Motion Passed
Moved by Councillor Swan and seconded by Councillor Usher
Approve third reading and enactment as a by-law of Bill No. 371.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13) RECUSE: P. Hubert (1)
Motion Passed
Moved by Councillor Orser
Seconded by Councillor Swan
Approve first reading of Bill No. 379
Motion Passed
Vote:
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 H.L. Usher J.P. Bryant S.E. White (13) RECUSE: D. Brown (1)
Motion Passed
Moved by Councillor Polhill
Seconded by Councillor White
Approve second reading of Bill No. 379
Motion Passed
Vote:
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 H.L. Usher J.P. Bryant S.E. White (13) RECUSE: D. Brown (1)
Motion Passed
Moved by Councillor Usher
Seconded by Councillor Swan
Approve third reading, and enactment as a By-law of Bill No. 379
Motion Passed
Vote:
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 H.L. Usher J.P. Bryant S.E. White (13) RECUSE: D. Brown (1)
Motion Passed
XIII. COMMITTEE
OF THE WHOLE, IN CAMERA
MOTION FOR IN CAMERA SESSION
283. 283.
1. M. Doucet – Sprinkler System Damage 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 the appeal to Finance and Administration Committee by Maraika Doucet for compensation for costs arising from damage to her in-ground sprinkler system, BE DENIED. (2011-L05-05)
2. Banking Services 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 City Treasurer, Chief Financial Officer, the following action be taken: (a) The City Treasurer, Chief Financial Officer BE DIRECTED to bring a Banking Services Agreement, with The Bank of Nova Scotia, 420 Richmond Street, London, ON N6A 3C9, with respect to monthly banking services, cash management services and commercial card to the October 19, 2011 meeting of the Finance and Administration Committee for consideration.
3. Offer From Dr. Oetker Canada Ltd. To Purchase Block 3 and Part of Block 4, Plan 33M-627 – Innovation Park, Phase lll That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session: That, on the recommendation of the Managing Director - Corporate Assets and the recommendation of the Director, Wastewater and Treatment Planning, Environment and Engineering Services, on the advice of the Manager of Realty Services, the following actions be taken with respect to the Agreement of Purchase and Sale dated April 21, 2011 between the City and Dr. Oetker Canada Ltd; (a) To recognize additional construction costs associated with soil conditions on Block 3 of the site, the attached Amending Agreement BE ACCEPTED to provide additional credits against the purchase price up to the net value of the transaction ($2,910,175) to be held in Escrow and paid to the Purchaser, or otherwise, subject to verification of said costs; and (b) the Mayor and Clerk BE AUTHORIZED to execute an escrow agreement with Stikeman Elliot LLP in a form satisfactory to the City Solicitor to give effect to the escrow closing arrangements provided for in a) above; and, (c) that a by-law BE INTRODUCED at the September 19, 2011 Council meeting to authorize the First Amending Agreement to the April 21, 2011 Agreement of Purchase and Sale between The Corporation of the City of London and Dr. Oetker Canada Ltd., to authorize the Mayor and City Clerk to execute the amending Agreement.
Moved by Councillor Hubert
Seconded by Councillor M. Brown
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 to 3, inclusive of the 27th Report of the Committee of the Whole. Motion Passed Motion made by Councillor Hubert to Approve the following recommendations:
Motion Passed
1. That the appeal to Finance and Administration Committee by Maraika Doucet for compensation for costs arising from damage to her in-ground sprinkler system, BE DENIED. (2011-L05-05)
2. That on the recommendation of the City Treasurer, Chief Financial Officer, the following action be taken: (a) The City Treasurer, Chief Financial Officer BE DIRECTED to bring a Banking Services Agreement, with The Bank of Nova Scotia, 420 Richmond Street, London, ON N6A 3C9, with respect to monthly banking services, cash management services and commercial card to the October 19, 2011 meeting of the Finance and Administration Committee for consideration.
3. That, on the recommendation of the Managing Director - Corporate Assets and the recommendation of the Director, Wastewater and Treatment Planning, Environment and Engineering Services, on the advice of the Manager of Realty Services, the following actions be taken with respect to the Agreement of Purchase and Sale dated April 21, 2011 between the City and Dr. Oetker Canada Ltd; (a) To recognize additional construction costs associated with soil conditions on Block 3 of the site, the attached Amending Agreement BE ACCEPTED to provide additional credits against the purchase price up to the net value of the transaction ($2,910,175) to be held in Escrow and paid to the Purchaser, or otherwise, subject to verification of said costs; and (b) the Mayor and Clerk BE AUTHORIZED to execute an escrow agreement with Stikeman Elliot LLP in a form satisfactory to the City Solicitor to give effect to the escrow closing arrangements provided for in a) above; and, (c) that a by-law BE INTRODUCED at the September 19, 2011 Council meeting to authorize the First Amending Agreement to the April 21, 2011 Agreement of Purchase and Sale between The Corporation of the City of London and Dr. Oetker Canada Ltd., to authorize the Mayor and City Clerk to execute the amending Agreement.
Moved by Councillor Hubert
Seconded by Councillor Orser
Approve first reading of Bill No. 396.
Motion Passed
Moved by Councillor Hubert
Seconded by Councillor Swan
Approve second reading of Bill No. 396.
Motion Passed
Moved by Councillor Usher
Seconded by Councillor D. Brown
Approve third reading and enactment as a by-law of Bill No. 396.
Motion Passed