March 5, 2013, at 4:02 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:02 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor N. Branscombe discloses a pecuniary interest in clause 3 of the 7th Report of the Strategic Priorities and Policy Committee, having to do with an appointment to the Greater London International Airport Authority Board of Directors, by indicating that the nominee for the appointment is her spouse.

Councillor M. Brown discloses a pecuniary interest in clause 2 of the 7th Report of the Strategic Priorities and Policy Committee, having to do with appointments to the City of London and Thames Valley District School Board Liaison Committee, by indicating that the Thames Valley District School Board is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause 5 of the 7th Report of the Strategic Priorities and Policy Committee, having to do with communications related to funding and repurposing of the Sherwood Forest Public School, by indicating that Sherwood Forest Public School is part of the Thames Valley District School Board system and that the Thames Valley District School Board is his employer.  Councillor M. Brown also discloses a pecuniary interest in clause 12 of the 5th Report of the Planning and Environment Committing, having to do with the application by Banman Developments (West) Inc., relating to the property located at 2095 Coronation Drive, by indicating that he owns property in close proximity to the subject property.

Councillor P. Hubert discloses a pecuniary interest in clause 7 of the 5th Report of the Community and Protective Services Committee, having to do with the Ontario Works caseload report, by indicating that he is the Executive Director of a social services agency that has a Purchase of Service Agreement with Ontario Works.  Councillor P. Hubert further discloses a pecuniary interest in clause 10 of the 5th Report of the Community and Protective Services Committee, and related Bill No. 111, having to do with a Purchase of Services Agreement for Ontario Works Employment Assistance Services, by indicating that he is the Executive Director of a social services agency that has a Purchase of Service Agreement with Ontario Works.

Councillor J.B. Swan discloses a pecuniary interest in clause 3 of the 3rd Report of the Investment and Economic Prosperity Committee, having to do with the Investment and Economic Prosperity proposal assessment process, specifically as it relates to the proposal for a Performing Arts Centre, by indicating that his employer, Orchestra London, is involved in this proposal.

Councillor D. Brown discloses a pecuniary interest in clause 16 of the 5th Report of the Civic Works Committee, having to do with the rental of general equipment with operators, by indicating that her son-in-law is employed by one of the approved companies.

II.   REVIEW

OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor M. Brown

Seconded by Councillor P. Hubert

Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

Motion Passed

Motion Passed

The Council rises and goes into Committee of the Whole, in camera, at 4:09 PM, with Mayor J.F. Fontana in the Chair and all Members present.

The Committee of the Whole rises and Council resumes in regular session at 4:27 PM, with all Members present.

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE FOURTH MEETING HELD ON FEBRUARY 12, 2013

VII.   COMMUNICATIONS

AND PETITIONS

1.   Disclosures of Pecuniary Interest

2.   City of London and Thames Valley District

School Board Liaison Committee

3.   Re-appointment of Ken Kalopsis to the

London International Airport Board of Directors

VIII.   MOTIONS

OF WHICH NOTICE IS GIVEN

IX.   REPORTS

4.   London Transit Commission

5.   Sherwood Forest Public School

7.   Amendments to the

Traffic and Parking By-law

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on March 5, 2013 for the purpose of amending the Traffic and Parking By-law (P.S. 111). 2013-C01

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the Contract Award:  Tender # 12-04, 2013 Lifecycle Renewal Program, Contract #7: Price Street and Dakin Street Reconstruction (ES2414-13, EW3765-13, TS3014-13):   a)         the bid submitted by J-AAR Excavating Ltd. (J-AAR), 200 King Street, Ilderton, ON, N0M 2A0, at its tendered price of $2,326,381.60 (excluding H.S.T.), for the 2013 Infrastructure Lifecycle Renewal Program, Contract #7 project, BE ACCEPTED; it being pointed out that the bid submitted by J-AAR was the lowest of nine bids received and meets the City’s specifications and requirements in all areas;   b)         Archibald, Gray, Mckay Consulting Engineers (AGM), 3514 White Oak Road London ON,  N6E 2Z9, BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $240,983.00 (excluding H.S.T.), noting that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   c)         minor future additional annual operating costs of $1,600.00 BE RECOGNIZED as a result of this project noting that these costs are as a result of new infrastructure installation and will be considered and accommodated within future Water & Wastewater operating budgets;   d)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated Feburary 25, 2013;   e)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   f)         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 (Tender 13-04); and,   g)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. 2013-L04

8.   Food Truck Proposal

That on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official,  Civic Administration BE DIRECTED  to report back at a public participation meeting of the Community and Protective Services Committee meeting on amendments to the Business Licensing By-law to implement a pilot program of permitting food trucks in the downtown area.

9.   Appointment of

Consultant for the Relocation and Construction of Branch ‘B’ of the Avenue Municipal Drain ES 4825-11

That, on the recommendation of the Director, Roads & Transportation, the following actions be taken with respect to the Appointment of a Consultant for the Relocation and Construction of Branch ‘B’ of the Avenue Municipal Drain, in accordance with the Drainage Act:   a)         Spriet Associates London Limited, 155 York Street, London, Ontario, Canada N6A 1A8 BE APPOINTED Consulting Engineers for the design and construction of Branch ‘B’ of the Avenue Municipal Drain in the amount of $17,820.00, excluding HST, in accordance with Section 15, Clause 15.2(d) of the Procurement of Goods and Services Policy;   b)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 25, 2013;   c)         the consulting fees for the project identified in (a) above, BE IN ACCORDANCE with the estimate on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;   d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; 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. 2013-A05

10.   Southwest Area

Sanitary Servicing Master Plan: Appointment of Consulting Engineer (ES5260)

That, on the recommendation of the Director of Water & Wastewater & Treatment, the following actions be taken with respect to the Southwest Area Sanitary Servicing Master Plan, Appointment of Consulting Engineer:   a)         Stantec Consulting Ltd., 171 Queens Avenue, 8th Floor, London, Ontario, N6A 5J7, BE APPOINTED Consulting Engineers in the amount of $215,000, including 10% contingency, excluding HST, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   b)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated February 25, 2013;   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. 2013-A05

11.   Appointment of

Consultant for the Reconstruction of the Bannister Drain-Branch 1 Remediation Design ES 4825-11

That, on the recommendation of the Director, Roads & Transportation, the following actions be taken with respect to the appointment of a consultant for the Bannister Drain-Branch 1 Remediation Design, in accordance with the Drainage Act:   a)         Spriet Associates London Limited, 155 York Street, London, Ontario, Canada BE APPOINTED Consulting Engineers for the Bannister Drain-Branch 1 Remediation Design, in the amount of $43,450.00, excluding HST, in accordance with Section 15, Clause 15.2(d) of the Procurement of Goods and Services Policy;   b)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 25, 2013;   c)         the consulting fees for the project identified in (a) above, BE IN ACCORDANCE with the estimate on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;   d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; 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. 2013-A05

14.   Ontario

Water/Wastewater Agency Response Network

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting of March 5, 2013, to:   a)         approve the Mutual Aid and Assistance Agreement for an Ontario Water / Wastewater Agency Response Network (OnWARN); and,   b)         the Mayor and the City Clerk BE AUTHORIZED to execute the above-noted agreement. 2013-E08

12.   2nd Report of the Transportation

Advisory Committee

That the following actions be taken with respect to the 2nd Report of the Transportation Advisory Committee from its meeting held on February 5, 2013:    a)         the Mayor BE ASKED to write letters to the Canadian Transportation Agency and the Ontario Ministry of Transportation asking that all levels of government encourage cycling as an alternative method of transportation;   b)         clause 2 BE REFERRED to the 2013 Budget;               clause 2 reads as follows:   “that the Municipal Council BE REQUESTED to approve the 2013 Budget amounts for audible pedestrian signals and cycling facilities; it being noted that the Transportation Advisory Committee heard a verbal presentation from E. Soldo, Director, Roads and Transportation, with respect to these matters”; and,   c)         that clauses 3 to 9, inclusive BE RECEIVED AND NOTED.

13.   Railway Row

Crossing Fee Policy

That, on the recommendation of the Managing Director of Environmental Services & City Engineer, Canadian National Railway’s one-time crossing fee proposal for City owned infrastructure on Canadian National Railway owned right-of-way BE ACCEPTED; it being noted that the funding required for the 24 crossings would be $64,000 and $55,000 (excluding HST), respectively, from the 2013 Water and Wastewater Operating Budgets. 2013-F11

6.   Valastro v. The

Corporation of the City of London - Application to the Ontario Superior Court of Justice - Court File No. 8937-12

That, on the recommendation of the City Solicitor, the decision of the Ontario Superior Court of Justice issued on February 4, 2013 in connection with a motion for an interlocutory injunction to restrain work being done by the Municipality under By-law DR-102-207 BE RECEIVED. 2013-L02

V.   RECOGNITIONS

15.   Railway Pedestrian

Crossing Safety

That, on the recommendation of the Director, Roads & Transportation, the following actions be taken with respect to railway pedestrian crossing safety:   a)         the Civic Administration BE AUTHORIZED to undertake a railway pedestrian crossing assessment study to determine the appropriate pedestrian focused solutions at railway crossings; and,   b)         the Civic Administration BE REQUESTED to review and report back to the Civic Works Committee with respect to the use of locomotive whistles within the City of London. 2013-D24

16.   Rental of General

Equipment with Operators (Tender 13-06) - Revised

That, the previously-approved bids for the Rental of General Equipment with Operators, as appended to the staff report dated January 21, 2013 BE AMENDED by deleting “Benko Sewer Service, Division of Badger Daylighting Inc. 6629 Orr Drive, London, ON N6L 1P1” and replacing with “W. Carsey Trucking Inc., 2768 Catherine Street, Dorchester, Ontario N0L 1G4”; it being noted that the affected parties have been notified of the administrative error.

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

XIV.   ADJOURNMENT