March 20, 2012, at 5:16 PM
Present:
J. 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 J.P. Bryant, S.E. White, C. Saunders
Also Present:
T. Dobbie, J. Braam, R.L. Fair, M. Hayward, J.P. Barber, J. Edward, J.M. Fleming, E. Gamble, G.T. Hopcroft, T.J. Johnson, S. Jones, G. Kotsifas, V. Lakhotia, J. Leunissen, S. Maguire, E. Mogck, V. McAlea Major, D. O’Brien, L.M. Rowe, R. Skinner, J.W. Taylor, M. Turner, B. Warner, B. Westlake-Power, J. Winston
The Council meets in Regular Session in the Council Chambers this day at 5:06 p.m.
I. RECOGNITIONS
1. Disclosure of pecuniary interests
Moved by Councillor N. Branscombe
Approve Note that Councillor M. Brown disclosed a pecuniary interest in Item
6 of this Report having to do with appointments to Thames Valley District
School Board (TVDSB) Accommodation Review Committees by indicating that the TVDSB is his employer.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: M. Brown (1)
Motion Passed
2. Green Municipal
Incentives Project
Moved by Councillor N. Branscombe
Approve that, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the City of London’s Green Municipal Incentives Project: a) the Director of Land Use Planning, City Planner’s report dated March 19, 2012 entitled “Green Municipal Incentives Project” BE RECEIVED for information; and b) the Civic Administration BE REQUESTED to report back within the coming months with respect to the City of London’s broader “green vision” for the municipality, including what has been done and what can be done, together with a financing, communication and education strategy.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: M. Brown (1)
Motion Passed
II. DISCLOSURES
OF PECUNIARY INTEREST
Councillor Hubert discloses a pecuniary interest in clauses 3 and 4 of the 4th Report of the Community Services Committee having to do with Ontario Works, by indicating that he is the Executive Director of a social services agency which has a purchase of service agreement with Ontario Works. Councillor Hubert further discloses a pecuniary interest in clauses 11 and 14 of the 2nd Report of the Public Safety Committee, having to do with the Clearing of Land By-law and the Downtown Mural Pilot program to prevent graffiti by indicating that he is the Executive Director of an organization that runs cleaning and graffiti removal services. Councillor Hubert further discloses a pecuniary interest in clause C1 of the Confidential Appendix of the Investment and Economic Prosperity Committee having to do with a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition, by indicating that he is the Executive Director of a social services agency which has a lease agreement with the property owner. Councillor B. Polhill discloses a pecuniary interest in clause 7 of the 6th Report of the Planning and Environment Committee having to do with an Ontario Municipal Board decision related to a decision of the Committee of Adjustment, by indicating that his son is a member of the Committee of Adjustment. Councillor Polhill further noted that his son did participate in the Committee of Adjustment decision related to clause 8 of the 6th Report of the Planning and Environment Committee. Councillor M. Brown discloses a pecuniary interest in clause 6 of the 7th Report of the Strategic Priorities and Policy Committee, having to do with appointments to Thames Valley District School Board (TVDSB) Accommodation Review Committees by indicating that the TVDSB is his employer.
III. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE FIFTH MEETING HELD ON FEBRUARY 21 AND 22, 2012
Moved by Councillor P. Van Meerbergen
Seconded by Councillor P. Hubert
Approve the Minutes of the Fifth Meeting held on February 21 and 22, 2012.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
IV. REVIEW OF
CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
V. COMMUNICATIONS
AND PETITIONS
3. Status of 2011
Industrial Land Development Strategy
Moved by Councillor N. Branscombe
Approve that, on the recommendation of the Director, Land Use Planning and City Planner with the concurrence of the Acting Executive Director, Planning, Environmental and Engineering Services, the report dated March 19, 2012 regarding the status of recommendations arising from the 2011 Industrial Lands Development Strategy Update BE RECEIVED for information; it being noted that all associated costs will be considered through the Investment and Economic Prosperity Committee, for recommendation to the Municipal Council.
4. Assessment of the Board
of Health for the Middlesex-London Health Unit
Moved by Councillor N. Branscombe
Approve that the following actions be taken with respect to the Middlesex-London Health Unit (MLHU): a) the communication dated March 8, 2012 from D. Matthews, Minister of Health and Long-Term Care, related to an assessment of the MLHU BE RECEIVED for information; and b) the City Solicitor BE REQUESTED to report back at a future meeting of the Strategic Priorities and Policy Committee with respect to next steps available to the Municipal Council as it relates to achieving a 75/25 funding ratio for the MLHU; it being noted that every effort will be made to work together with the MLHU to achieve a mutually satisfactory outcome.
5. Resignation
- Services Review Committee
Moved by Councillor N. Branscombe
Approve that the resignation of Councillor B. Polhill from the Services Review Committee BE ACCEPTED.
6. Consideration of
Councillor Appointments to the Accommodation Review Committees (ARC)
Moved by Councillor N. Branscombe
Approve that the following actions be taken with respect to Council appointments to Accommodation Review Committees for the Thames Valley District School Board (TVDSB): a) Councillor J.P. Bryant BE APPOINTED to the Central London Elementary Accommodation Review Committee for Bishop Townshend PS, St. George’s PS, Lorne Avenue PS and Lord Roberts PS; it being noted that no appointments were made to the London Secondary Vocational & Technology Program Accommodation Review Committee; and b) the City Clerk BE REQUESTED to communicate with the TVDSB to enquire why the City was not notified that the Central London Elementary Accommodation Review Committee would also include Lord Roberts PS.
7. Licensing and
Municipal By-law Enforcement Services - Monthly Statistics
Moved by Councillor D. Brown
Approve that, on the recommendation of the Director of Building Controls and Chief Building Official, the report dated March 6, 2012 with respect to the Licensing and Municipal Law Enforcement Services, January 2012 monthly statistics, BE RECEIVED.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
VI. MOTIONS OF
WHICH NOTICE IS GIVEN
Moved by Councillor J.L. Baechler
Seconded by Councillor J.P. Bryant
Approve leave to introduce a motion pursuant to section 7.4 of the Council Procedure By-law to change the order of business to permit consideration of clause 19 and clause 20 of the 6th Report of the Planning and Environment Committee at 7:30 p.m. Motion Passed Motion made by Councillor J.L. Baechler and seconded by Councillor J.P. Bryant to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 19 and clause 20 of the 6th Report of the Planning and Environment Committee, having to do with an application from 1705820 Ontario Limited (York Development) regarding the property located at 2118 Richmond Street and an application from 2261531 Ontario Limited regarding the property located at 1103 Adelaide Street North, respectively, at 7:30 p.m.
Motion Passed
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana S. Orser (1) B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
VII. ADDED
REPORTS
VIII. REPORTS
8. 2nd Report of the
Animal Welfare Advisory Committee
Moved by Councillor D. Brown
Approve that the 2nd Report of the Animal Welfare Advisory Committee from its meeting held on February 2, 2012 BE RECEIVED.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
9. 1st Report of the
Community Safety & Crime Prevention Advisory Committee
Moved by Councillor D. Brown
Approve that the following actions be taken with respect to the 1st Report of the CSCP from its meeting held on February 23, 2012: a) clause 1, related to a request for the London Police Services Board to speak to the CSCP with respect to the London Block Parent Program flagging system, BE NOTED with no additional action; it being noted that additional information has already been exchanged at City Council related to this matter; and, b) clauses 2 through 12 BE RECEIVED; it being noted that the Public Safety Committee heard a verbal delegation from L. Norman, Vice Chair, CSCP and B. Shea, Deputy Chief, with respect to this report.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
10. Fence By-law
Amendments
Moved by Councillor D. Brown
Approve that, on the recommendation of the Director of Building Controls and Chief Building Official the attached revised by-law BE INTRODUCED at the Municipal Council meeting, to be held on March 20th, 2012 to amend the Fence By-law for the purposes of addressing privacy screening and private recreation related fences; it being pointed out that no submissions were received at the Public Participation Meeting held with respect to this matter.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
11. Clearing of Land
By-law Amendments
Moved by Councillor D. Brown
Approve that the following actions be taken with respect to the by-law to amend the Clearing of Land By-law: a) sections 2.11 and 2.12, relating to composting, of the revised proposed by-law BE REFERRED to Civic Administration for further review; and, b) the attached revised by-law, reflecting the removal of the above-noted sections, BE INTRODUCED at the Municipal Council meeting of, March 20th, 2012 to amend the Clearing of Land By-law; it being noted that the Public Safety Committee heard the attached presentation from the Manager, Bylaw Enforcement, and received written submissions, with respect to this matter; - R. Robertson, dated February 24, 2012 - M. Temme, dated February 26, 2012 - T. Rutten it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith; - Maureen Temme, 66 Palmer Street, London - noting the points addressed in her above-noted submissions and the attached communication. - Robin Harvey - indicating that the bylaw is outdated; we should be educating and encouraging individual and community compost; prebuilt composters are not large enough but instead are built to accommodate the store shelves; proper composting does emit a necessary musty scent; the environmental and sustainability committee should be requested to address the issues, provide and enforce mandatory educational courses for infractions to address complaints. - Emma Simms, representing London Property Management Association – indicating that the resident, not the owner, should be accountable for compost and graffiti infractions.
Moved by Councillor D. Brown
Seconded by Councillor H.L. Usher
Amend clause 11 in part b) by replacing the by-law appended thereto with the attached new revised by-law which changes the effective date from March 20, 2012 to May 1, 2012 and removes references to section 2.12 and 2.13 in part 7 to reflect the changes contained in the recommendation clauses. Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1)
Motion Passed
The motion to adopt clause 11, as amended is put. Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1) Clause 11 as amended reads as follows: That the following actions be taken with respect to the by-law to amend the Clearing of Land By-law: a) sections 2.11 2.12 relating to composting of the revised proposed by-law BE REFERRED to Civic Administration for further review; and b) the revised by-law appended hereto with the attached new revised by-law which changes the effective date from March 20 2012 to May 1 2012 removes references to section 2.12 2.13 in part 7 to reflect the changes contained in the recommendation clauses BE INTRODUCED at the Municipal Council meeting of March 20th 2012 to amend the Clearing of Land By-law; it being noted that the Public Safety Committee heard the attached presentation from the Manager Bylaw Enforcement received written submissions with respect to this matter; • R. Robertson dated February 24 2012 • M. Temme dated February 26 2012 • T. Rutten it being pointed out that at the public participation meeting associated with this matter the following individuals made an oral submission in connection therewith; • Maureen Temme 66 Palmer Street London - noting the points addressed in her above-noted submissions the attached communication. • Robin Harvey - indicating that the bylaw is outdated; we should be educating encouraging individual community compost; prebuilt composters are not large enough but instead are built to accommodate the store shelves; proper composting does emit a necessary musty scent; the environmental sustainability committee should be requested to address the issues provide enforce mandatory educational courses for infractions to address complaints. • Emma Simms representing London Property Management Association – indicating that the resident not the owner should be accountable for compost graffiti infractions
Motion Passed
12. Licensing of
Methadone Pharmacies and Clinics
Moved by Councillor D. Brown
Approve that the proposed by-law, to provide for the licensing and regulation of methadone clinics and methadone pharmacies BE REFERRED back to Civic Administration for further consideration and refinement; it being noted that the Public Safety Committee heard the attached presentation from the Manager, Bylaw Enforcement, and received a written submission from W. Dickson, on behalf of the Woodfield Community Association, dated March 5, 2012; it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith; - Barnet H. Kussner, WeirFoulds LLP, representing Shoppers Drug Mart Inc. - providing comments as outlined in the attached communication. - Carol Irwin, 1314 Basswood - indicating concerns with by-law enforcement. Ann Dier-Witherford, on behalf of the Woodfield Community Association, noting the points in the above-noted Woodfield Community Association submission and adding personal comments related to problems with existing clinic locations in the City, including police, storefronts, public drug use etc. - Alan Patton, Patton Cormier & Associates, representing Ontario Addiction Treatment Centres – indicating the following concerns with the legality of the by-law: i) conflicts within the by-law, with respect to a daily log; it being noted that on page 96 of the report it does not state the log cannot have names and on page 102, section 6.1 it states that the log cannot have names; ii) clarity of the by-law, section 6.1 (a) and 6.1 (b) with respect to references to client and patient; it being noted the wording is vague. iii) the by-laws reliance on external documentation.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
13. Encroachments Onto
City Property - Project “Return to Nature”
Moved by Councillor D. Brown
Approve that, on the recommendation of the Director of Building Controls and Chief Building Official, the report dated March 6, 2012, with respect to compliance and enforcement protocol to address encroachments onto City property BE RECEIVED; it being noted that the Public Safety Committee heard the attached presentation from the Manager, Bylaw Enforcement, with respect to this matter.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
14. Downtown Mural
Pilot Program to Prevent Graffiti
Moved by Councillor D. Brown
Approve that, on the recommendation of the City Treasurer and Chief Financial Officer, in consultation with Downtown London, the report dated March 6, 2012, with respect to the development of a Downtown Mural Pilot Program to prevent graffiti BE RECEIVED; it being noted that the Public Safety Committee heard a verbal presentation from K. Ward, Downtown London, with respect to this matter.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1)
Motion Passed
15. Request by
Info-Tech Research Group for Banner Signs to be Installed on Utility Poles at 602 Queens Avenue
Moved by Councillor D. Brown
Approve that, on the recommendation of the Director of Building Controls the report dated March 6, 2012, with respect to the request by Info-Tech Research Group for Banner Signs to be Installed on Utility Poles at 602 Queens Avenue BE RECEIVED; it being noted that the Public Safety Committee heard the attached presentation from the Deputy Chief Building Official, Manager, Building Permits, with respect to this matter.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1)
Motion Passed
16. Tax Adjustment
Agenda
Moved by Councillor J.L. Baechler
Approve that the recommendations in the Tax Adjustment Agenda dated February 27, 2012 BE APPROVED; it being noted that at the public hearing associated with these matters there were no members of the public in attendance to speak to these matters before the Finance and Administrative Services Committee.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
17. Request for
Designation of International Food Festival as a Municipally Significant Event
Moved by Councillor J.L. Baechler
Approve that the International Food Festival to be held June 22-24, 2012 in Victoria Park BE DESIGNATED a Municipally Significant Event in the City of London.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
18. Request for
Designation of London Rib Fest as a Municipally Significant Event
Moved by Councillor J.L. Baechler
Approve that the London Rib Fest to be held August 2 – 6, 2012 in Victoria Park BE DESIGNATED a Municipally Significant Event in the City of London.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
21. Sifton Properties
Limited re Property Located at 1551 Blackwell Boulevard (39T-08504/Z-7521)
Moved by Councillor B. Polhill
Approve that, notwithstanding the recommendation of the Managing Director of the Development Approvals Business Unit and the Manager, Development Planning, a special meeting of the Planning and Environment Committee BE HELD on Tuesday, March 20, 2012 at 3:00 p.m., at which time Sifton Properties Limited and representatives from the North Park Church will provide an update on their discussions relating to the property located at 1551 Blackwell Boulevard; it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith: - M. Zunti, Sifton Properties Limited – advising that Sifton Properties Limited has been working on this application on and off for three years; indicating that they have been working with representatives from the Church on issues of drainage, servicing and access; advising that she believes that they can achieve a mutually beneficial solution; advising that Sifton is willing to consider providing access through the subdivision, with conditions; and asking that the Approval Authority support draft approval, if Sifton and the Church cannot arrive at an agreement in two or three weeks. - A. R. Patton, Patton Cormier & Associates, on behalf of North Park Church – advising that this has been an on again and off again situation; advising that he has been aware of this file since 2009; advising that the Church received the proposal to provide access to Blackwell Road on Saturday; indicating that they have not had time to get the proposed plan to their engineers; advising that there is possibly both ground and surface water concerns; advising that there needs to be comprehensive service for sanitary, access and sewer; supporting Mr. D. Aille’s comments that the staff report be referred back; requesting that the matter be adjourned and held at a future meeting; and advising that the issues need to be resolved. - R. Antuma, Delcan, on behalf of Sifton Properties Limited – indicating that the depression on Sifton lands is the result of a glacial kettle; advising that it is beneficial to both parties to alleviate the existing ponding water; the construction will allow a private drain connection (pdc) which will assist in alleviating the church’s drainage issue; indicating that storm and sanitary pdc’s will be constructed this summer when Fanshawe Park Road is widened; the construction of the pdc’s will provide an outlet for the Church; advising that there has been co-operation between Sifton and the Church; and recommending that the application move forward.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
22. Amendments to the
Official Plan and Zoning By-law to Provide Appropriate Opportunities for the Siting of Methadone Clinics and Methadone Pharmacies Within the City of London (OZ-8004)
Moved by Councillor N. Branscombe
Seconded by Councillor S.E. White
Refer consideration of clause 22 to the 7th Report of the Planning and Environment Committee.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor S.E. White
Approve that the following actions be taken with respect to the request to amend the Zoning By-law to provide appropriate opportunities for the siting of methadone clinics and methadone pharmacies within the City of London: a) the zoning by-law amendment considered at the February 27, 2012 meeting of the Planning and Environment Committee BE REVISED to permit pharmacies to dispense methadone to up to 40 clients per day as an ancillary function, without being defined as a methadone pharmacy; and, b) the City Solicitor’s Report relating to proposed amendments to the Official Plan and Zoning By-law to provide appropriate opportunities for the siting of methadone clinics and methadone pharmacies within the City of London BE RECEIVED.
Moved by Councillor D. Brown
Seconded by Councillor S. Orser
Amend clause 2 to add daycare centres to the list of uses requiring a minimum separation distance of 300 m, with respect to the proposed methadone clinic by-law for clinic locations only.
Motion Failed
Vote:
Yeas: Nays: S. Orser J.F. Fontana D.G. Henderson B. Polhill P. Van Meerbergen W.J. Armstrong D. Brown J.B. Swan S.E. White (5) J.L. Baechler N. Branscombe M. Brown P. Hubert H.L. Usher J.P. Bryant (10) At 6:42 PM the places Hubert in the Chair takes a seat at the Council Board
Motion Failed
Moved by Councillor J.B. Swan
Seconded by Councillor B. Polhill
Amend part a) of clause 2, to reflect a limit of 30 clients per day as an ancillary function of a pharmacy.
Motion Failed
Vote:
Yeas: Nays: B. Polhill J.F. Fontana W.J. Armstrong S. Orser J.B. Swan P. Hubert J.L. Baechler D.G. Henderson N. Branscombe P. Van Meerbergen M. Brown D. Brown J.P. Bryant (7) H.L. Usher S.E. White (8)
Motion Failed
The motion to adopt part a) of clause 2 is put. Motion Passed
Vote:
Yeas: Nays: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler P. Hubert N. Branscombe D.G. Henderson M. Brown P. Van Meerbergen J.P. Bryant (6) D. Brown H.L. Usher S.E. White (9)
Motion Passed
The motion to adopt part b) of clause 2 is put.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
At 6:47 PM, the Mayor resumes the Chair, and Councillor Hubert takes a seat at the Council Board.
Moved by Councillor P. Hubert
Seconded by Councillor J.P. Bryant
Amend clause 2 by adding a new part c), as follows: “c) the Minister of Health and Long Term Care BE REQUESTED to review the 2006 (Smitherman) Report related to methadone clinics, and encourage more pharmacies to serve methadone clients.”
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15) The motion to adopt clause 2 as amended is put
Motion Passed
At 7:17 p.m. Councillor H. Usher and Michelle Edwards, Chair of the London Diversity & Race Relations Advisory Committee present the 2012 City of London Race Relations Recognition Awards to: Aboutown Transportation Limited (Business & Labour Category), London InterCommunity Health Centre (Social & Community Services Category) and the Community Services Department (The Corporation of the City of London, its Departments, Advisory Committees, City Boards and Commissions Category).
Moved by Councillor B. Polhill
Seconded by Councillor S. Orser
Amend clause 22 of the 6th report in part b), by inserting the word “revised” before the word “by-law” in the first line.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (14)
Motion Passed
Moved by Councillor S.E. White
Seconded by Councillor P. Hubert
Approve clause 22 of the 6th Report of the Planning and Environment Committee, as amended.
At 7: 58 PM Councillor D. Brown enters the meeting. Motion Passed
Vote:
Yeas: Nays: J.F. Fontana J.B. Swan (1) Clause 22 of the 6th Report of the Planning B. Polhill Environment Committee W.J. Armstrong as amended S. Orser reads as follows: that J.L. Baechler on the recommendation of the Director of Land Use Planning N. Branscombe City Planner M. Brown the following actions be taken with respect to methadone clinics P. Hubert methadone pharmacies in the City of London: a) the attached by-law BE INTRODUCED at the Municipal Council meeting to be held on March 20 D.G. Henderson 2012 P. Van Meerbergen to amend the Official Plan to establish new policies to plan for methadone clinic D. Brown methadone pharmacy land uses; b) the attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on March 20 H.L. Usher 2012 J.P. Bryant to amend Zoning By-law No. Z.-1 S.E. White (14) (in conformity with the Official Plan as amended in part a) above) to: i) add new amend existing definitions in Section 2 to define methadone clinics methadone pharmacies; ii) add a new Section “4.36 Clinic Methadone Pharmacy Methadone Uses to stipulate that these uses shall be permitted through amendment to the zoning by-law; that these uses shall not be permitted within 300 metres (984.3 ft.) of an elementary or secondary school; a municipal pool a municipal arena a municipal library or the Western Fairgrounds; and methadone clinics shall require a waiting room area of no less than 15% of the total gross floor area; iii) add new parking regulations to Section 4.19 to provide for “Clinic Methadone” “Pharmacy Methadone” uses; and iv) add the Boys Girls Club to Section 4.36 “Clinic Methadone Pharmacy Methdaone” to include a 300 metre separation distance from the Boys Girls Club recognizing that this facility attracts large numbers of children much like schools libraries pools arenas; c) the final “Planning for Methadone Clinics Methadone Pharmacies” background study date February 2012 Appendix C the associated Methadone Research Compendium (Volumes 1 3) that have been posted on the City’s website at www.london.ca/methadonestudy BE RECEIVED; d) recognizing that the commercial corridor along Horton Street between Wellington Street Colborne Street is to become a pedestrian-oriented main street consistent with the SOHO Community Improvement Plan the proposed road allowance improvements approved by Council the Civic Administration BE DIRECTED to initiate an Official Plan amendment to re-designate these lands from Auto-oriented Commercial Corridor to Main Street Commercial Corridor; e) the BE REQUESTED to write a letter on behalf of Municipal Council to the Minister of Health Long-Term Care encouraging the Minster to put in place legislation to regulate community consultation practices maximum patient volumes minimum facility standards management operational requirements of methadone clinics dispensaries so as to ensure that clients are served effectively with dignity that the potential for neighbourhood impacts are minimized; and f) a special meeting of the Planning Environment Committee BE HELD on Tuesday March 20 2012 at 3:00 p.m to receive a report from the City Solicitor with respect to whether or not the proposed amendments restrict human rights to receive a report from the Manager By-law Enforcement with respect to the enforceability of the proposed by-law; it being noted that Interim Control By-law No. 1476-298 is in force effect until May 15 2012 after which time the By-law that “holds the status quo” for methadone clinics methadone pharmacies will lapse; it being also noted that the Planning Environment Committee received the following communications with respect to this matter: · a communication dated February 24 2012 from B. Hall Chief Commissioner Ontario Human Rights Commission; · a communication from M. Woodward SoHo Executive SoHo London Community Association; · a communication dated February 22 2012 from G. Thompson President Urban League of London; · a communication dated February 23 2012 from S. Merritt Manager Old East Village BIA; · a communication dated February 24 2012 from H. Blackwell Director Corporate Affairs Western Fair District; · a communication dated C. Harvey Director of Operations Boys Girls Club of London; and · a communication from W. Dickinson Planning Chair The Woodfield Community Association; it being pointed out that at the public participation meeting associated with this matter the following individuals made oral submissions in connection therewith: · A. Kussner Weirfoulds on behalf of Shoppers Drug Mart – advising that there are 24 Shoppers Drug Mart stores in London; expressing appreciation for the Civic Administration’s efforts in this matter; expressing concern with a number of the proposals; advising that a major concern is the definition of methadone pharmacy; indicating that the previous definition was overly broad that this definition is still too broad; advising that the Shoppers Drug Mart in the Wharncliffe Plaza dispenses methadone to over 300 patients; advising that that pharmacy fills over 170 000 prescriptions a year which is 465 prescriptions a day; noting that methadone is only 7% of the prescriptions that are filled; advising that there is no differential land use impact; advising that you would be unable to tell the difference between this pharmacy a pharmacy that does not dispense methadone; advising that the Ontario Municipal Board concluded that a clinic is a distinct land use; advising that the definition in the Interim Control By-law is more restrictive; indicating that it is an arbitrary decision; advising that all pharmacies are tarred with the same brush; indicating that this exceeds the City’s jurisdiction in health care matters; advising that other concerns flow from the definition under the Planning Act; indicating that there is a reference to the public site plan process which provides an opportunity for a public forum such as this one; advising that the proposed minimum distance separation between methadone pharmacies schools is unwarranted excessive; advising that currently 12 Shoppers Drug Marts are located within 300 metres of public or secondary schools; advising that there is no due regard for intent to continue operating in the future; expressing appreciation for the concerns expressed by the City; indicating that care concern is paid to public concerns; indicating that the recommendations cast too far a net; advising that it is unsupportable from the land use planning perspective. · A. R. Patton Patton Cormier & Associates on behalf of the Ontario Addiction Treatment Centres (OATC) – advising that the OATC operates 42 methadone clinics throughout Ontario; expressing support for many of Mr. Kussner’s comments; advising that the OATC is the largest methadone provider have not been consulted by Planning Staff; indicating that in 1991 the ARP acting as the AIDS Committee of London operated the hospice on Dufferin Avenue which was strongly opposed by the community association; it being noted that the community association expressed opposition to the prescence of death in the neighbourhood; advising that the hospice has now moved to a larger facility on Central Avenue; indicating that people fear the unknown; advising that for a year a half staff have been studying methadone clinics on the understanding that there were five in the City; indicating that an Interim Control By-law has been proposed that 80% of the clinics were not even known; indicating that the clinic at 528 Dundas Street moved to that location after operating for many years at another location in the City; indicating that the clinic on Dundas Street is a problem; advising that there are new restrictions being placed on methadone clinics; advising that the Ontario Human Rights Commissioner has provided remarks a warning on the Planning Environment Committee Added Agenda; advising that his client has two concerns with the documents that have been put forward for approval; advising that methadone clinics are operating unobtrusively in the city; advising that there does not need to be a site plan public participation meeting on this matter; expressing concern with the maximum of 30 clients per day; indicating that the City has a major oxycontin problem; advising that there is a new drug called oxyneo that is causing problems; indicating that if this true there is more need for methadone clinics; expressing opposition to the public site plan process; advising that last year in a small town his client opened a methadone clinic; noting that when it became known that it was a methadone clinic there was great concern; advising that when the municipality realized that it could not stop the methadone clinic it used the licensing by-law to try to stop the opening of the clinic; advising that the municipality was advised that it was illegal to do this but went ahead anyway; noting that the municipality is now looking at lowering the fee for the clinic to $500 or less; questioning the ability of enforcement as the patient log would identify the patient by name number or anything else would be a breach of client confidentiality; expressing concern with the legality of the by-law to control a federally regulated drug. · K. Wilkinson Thames Valley District School Board – requesting that the uses be planned to avoid potential impact; indicating that a communication was provided to the previous on November 1 2005 with respect to the clinic at 528 Dundas Street; indicating that a communication was provided to the Built Natural Environment Committee expressing concern with the placement of methadone clinics in close proximity to schools; advising that the Thames Valley District School Board was represented at a public meeting with respect to this matter; advising that under Section 4.3.3 with the requirement to have methadone clinics a minimum distance of 300 metres from schools it would solve the issues at 528 Dundas Street; advising that having a waiting room would also be of assistance; it being noted that the Thames Valley District School Board encompasses a large geographic area; commending the City staff for this undertaking. · D. MacPherson Principal H.B. Beal Public School – (see attached presentation). · C. Harvey Boys Girls Club – advising that 50 000 children youth visit the Boys Girls Club; indicating that their Board of Directors is generally supportive of the recommendations; expressing concern that the buffer does not include the Boys Girls Club; expressing concerns about the proposed clinic to be built near the Club; expressing concern about the safety of visitors to the Club; requesting that the Boys Girls Club be added to the buffer. · W. Pol on behalf of Dr. Sidhu 502 Oxford Street East – advising that Dr. Sidhu has been operating at this location for 18 months has 350 patients; advising that Dr. Sidhu has had no problems or complaints there are no off-site impacts; advising that 528 Dundas Street continues to operate as a clinic; advising that reducing existing sites may cause problems; advising that we are talking about one drug – methadone; advising that suboxol is an alternative to methadone; advising that in one year’s time the staff will be preparing a study on this new drug; recommending that an analysis be prepared on the number of proposed sites to determine which ones are zoned for medical-dental uses; advising that the issues of drug addition HIV etc are multi-dimensional; warning that the City should not reduce opportunities risk discrimination. · B. Sexsmith 120-1231 Sandford Street – expressing frustration; advising that he has been working with the City on this matter; advising that people are talking about legal niceties; advising that people have been working on this for four years; indicating that he knows that there are a lot of problems on the streets; suggesting that people be given a chance; advising that this is a NIMBY problem; advising that it is confusing having drug stores looking after methadone; noting that he is not as concerned with drug stores; advising that the City felt with all the time effort it is important to the residents in the City; advising that it is about time that other Londoners are paid attention to; this is the first attempt to address citizen concerns. · K. Wheeley – advising that she is recovering; indicating that she hears discrimination; advising that she no longer sticks needles in her arms; enquiring as to what kind of message the City is sending; advising that this is a human rights issue should not be put aside for any reason; indicating that they have the same rights as everyone else. · Dr. Sidhu 502 Oxford Street East – acknowledging that Mr. W. Pol is representing him; indicating that there is a drop-in centre next to 528 Dundas Street; indicating that 528 Dundas Street is not a problem by itself but that the patients have nowhere else to go; advising that to say that methadone clinics should be in one area is discrimination; suggesting that a fee be applied to all doctor’s offices not just methadone clinics. · A. Ford – advising that this is a large problem; indicating that this is more of a problem in certain areas; advising that this is only part of a bigger issue advising that there are substitutes for methadone. · S. Lawrence 30 Redwood Lane – advising that he has been listening to the discussion for a long time; advising that he has nothing against the clinics; requesting the Planning Environment Committee to vote for the amendments; advising that he lost his brother to an overdose; recommending that clinics not be opened anywhere; advising that drug dealing is done for profit; indicating that some clinic owners own 6 or 7 clinics don’t live in London
Motion Passed
Moved by Councillor B. Polhill
Approve clause 3 of 7th Report of the Planning and Environment Committee. That, at the request of Sifton Properties Limited and A.R. Patton, Patton, Cormier & Associates, on behalf of North Park Church, the consideration of the application of Sifton Properties Limited, relating to the property located at 1551 Blackwell Boulevard, BE REFERRED to the April 16, 2012 Planning and Environment Committee meeting.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
19. Sound and Light
Show - World Figure Skating Championships
Moved by Councillor J.L. Baechler
Approve that the following actions be taken with respect to the Sound and Light Show for the World Figure Skating Championships: a) the City of London maximum contribution to this project BE REDUCED by $150,000 to $450,000 (excluding HST); it being noted that Tourism London, through the application of $100,000 from its Special Initiatives Reserve Fund (approved by the Tourism London Board Executive and pending full Board approval March 20, 2012) and a $50,000 re-allocation of its overall operating budget, will commit to a financial contribution of $150,000 (excluding HST), to fulfill the requisite financial requirements in order to stage the Sound and Light Show; and b) Tourism London BE REQUESTED to press forward with the organization of a sponsorship committee in an attempt to raise $200,000 through third party financial contributors, to offset the City’s maximum contribution, in accordance with the attached sponsorship package and work plan.
Moved by Mayor J.F. Fontana
Seconded by Councillor S.E. White
Refer clause 19 to a future meeting of the Finance and Administrative Services Committee, in late April/early May 2012, in order to allow for efforts to achieve less cost to the taxpayer.
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana S. Orser (1) B. Polhill W.J. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14)
Motion Passed
At 10:47 PM, the Mayor resumes the Chair, and Councillor M. Brown takes his seat at the Council board.
20. 2011 London
Convention Centre Operating Surplus
Moved by Councillor J.L. Baechler
Approve that, on the recommendation of the London Convention Centre (LCC) Board of Directors, the LCC 2011 Operating Surplus in the amount of $315,731 BE TRANSFERRED to the LCC Capital Reserves as follows: a) 25% ($78,933) to the LCC Special Projects Reserve, held by the LCC; and b) 75% ($236,798) to the LCC Capital Reserve, held by the City of London; it being noted that the Finance and Administrative Services Committee received a verbal overview with respect to this matter from L. Da Silva, General Manager, LCC.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor P. Hubert
Note that no pecuniary interests were disclosed.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
IX. DEFERRED MATTERS
X. ENQUIRIES
XI. EMERGENT MOTIONS
Moved by Councillor N. Branscombe
Seconded by Councillor J.B. Swan
Approve that, pursuant to section 18.2 of the Council Procedure By-law leave BE GIVEN for the introduction of an emergent motion with respect to the scheduling of a Public Participation Meeting to receive citizen input with respect to the recent activities that occurred on Fleming Drive on Saturday, March 17, 2012 and Sunday, March 18, 2012.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor N. Branscombe
Seconded by Councillor J.B. Swan
Approve that the Committee Secretary for the Public Safety Committee (PSC) BE DIRECTED to make contact with the Committee Members to determine the earliest possible date for holding a public participation meeting (potentially off site) of the PSC to hear stakeholder and public input with respect to recent activities on March 17 and 18, 2012.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor P. Hubert
Seconded by Councillor S.E. White
Approve that, pursuant to section 18.2 of the Council Procedure By-law leave BE GIVEN for the introduction of an emergent motion with respect to cancelling the April 17, 2012 Strategic Priorities and Policy Committee as there are no matters that need to be dealt with prior to the April 30, 2012 meeting.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor P. Hubert
Seconded by Councillor S.E. White
Approve to cancel the April 17, 2012 Strategic Priorities and Policy Committee as there are no matters that need to be dealt with prior to the April 30, 2012 meeting.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
XII. BY-LAWS
Moved by Councillor D. Brown
Seconded by Councillor P. Van Meerbergen
Approve first reading of Bill 119.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor J.B. Swan
Approve second reading of Bill 119.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor N. Branscombe
Approve third reading and enactment of Bill 119.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill W.J. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Hubert (1)
Motion Passed
Moved by Councillor P. Van Meerbergen
Seconded by Councillor S.E. White
Approve first reading of Bill No.’s 103 – 118, 120 - 133, inclusive.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor S.E. White
Approve second reading of Bill No.’s 103 – 118, 120 - 133, inclusive.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
Moved by Councillor H.L. Usher
Seconded by Councillor N. Branscombe
Approve third reading and enactment of Bill No.’s 103 – 118, 120 - 133, inclusive.
Motion Passed
Vote:
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 J.P. Bryant S.E. White (15)
Motion Passed
XIII. COMMITTEE
OF THE WHOLE, IN CAMERA
Moved by Councillor D. Brown
Seconded by Councillor J.B. Swan
Approve first reading of Bill 134.
Motion Passed
Moved by Councillor J.B. Swan
Seconded by Councillor P. Van Meerbergen
Approve second reading of Bill 134.
Motion Passed
Moved by Councillor H.L. Usher
Seconded by Councillor D. Brown
Approve third reading and enactment of Bill 134.
Motion Passed