April 30, 2013, at 4:05 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:05 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

II.   REVIEW

OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

1.   Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

Motion Passed

Moved by Councillor M. Brown

Approve that, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendations be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Manager of Realty Services, with respect to the property municipally known as 1269 Hyde Park Road, located on the west side of Hyde Park Road north of Sarnia Road, owned by Everwood Place Limited, the following actions be taken:   a)            the offer submitted from Everwood Place Limited to sell to the City a portion of land from 1269 Hyde Park Road, further described as Part of Lot 24, Concession 3 (Part 2, Reference Plan 33R-18288), containing an area of approximately 8,730 square feet, for the purpose of the Hyde Park Road Widening Project, for the sum of $83,000.00 BE ACCEPTED, subject to the following conditions:   i)      the City agreeing to pay a further sum of $53,000.00  representing  full and final disturbance costs and injurious  affection, if any;     ii)     the City agreeing to pay the Vendor’s reasonable legal fees,  including fees for disbursements and applicable taxes, to  complete this transaction, subject to  assessment; and   b)            the financing for this acquisition BE APPROVED as set out in the  Source of Financing Report  attached hereto as Appendix “A”.   That, on the recommendation of the Manager of Realty Services, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, Managing Director, Planning and City Planner, Manager of Revenue and Taxation and the Managing Director, Development and Compliance Services and Chief Building Official, with respect to the property located at 1156 Dundas Street, the former McCormick building, the Civic Administration BE DIRECTED to take the following actions:   a)            undertake further investigations into potential municipal uses for the property if brought into municipal ownership, including partnership opportunities, and report back to Council with the results of those investigations; and,   b)            concurrently proceed with the Request for Expression of Interest  (REOI) for the Purchase and Sale of the property including a Request  for Qualifications (RFQUAL); it being noted that Phases 1 and 2 of the environmental assessment will be shared with the public as part of the REOI process.

Motion Passed

Motion Passed

2.   Introduction of

By-law to Appoint Ms. Sandra Datars Bere to the Statutory Position of Ontario Works Administrator

That, on the recommendation of the City Manager, the following actions be taken with respect to the appointment of Ms. Sandra Datars Bere to the statutory position of Ontario Works Administrator:   a)         the proposed by-law appended to the staff report dated April 23, 2013, BE INTRODUCED at the Municipal Council meeting to be held on April 30, 2013 to appoint Ms. Sandra Datars Bere to the statutory position of Administrator Ontario Works-London, subject to the approval of the Director of Ontario Works, Ministry of Community and Social Services; and,   b)         the City Clerk BE DIRECTED to so notify the Director of Ontario Works, Ministry of Community and Social Services.

Motion Passed

Motion Passed

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE EIGHTH MEETING HELD ON APRIL 16, 2013

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve minutes of the 8th Meeting held on April 16, 2013.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

VIII.   MOTIONS

OF WHICH NOTICE IS GIVEN

Moved by Councillor B. Polhill

Seconded by Councillor P. Hubert

Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the 8th Report of the Community and Protective Services Committee at this time.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve that  pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the clause 15 of the 9th Report of the Planning and Environment Committee, having to do with Blackfriars community infill projects, to be heard at 5:30 PM; and to permit consideration of clause 13 of the 9th Report of the Planning and Environment Committee, having to do with the properties located at 275, 277 and 281 Thames Street, to be heard as the next item of business after the 5:30 PM item, noted in a) above.

Motion Passed

Motion Passed

IX.   REPORTS

Moved by Councillor W.J. Armstrong clauses 1

15, excluding clause 5.

3.   2012 Compliance

Report in Accordance with the Procurement of Goods and Services Policy

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:   a)         the administrative contract awards, as per Section 8.11 (b) of the Procurement of Goods and Services Policy, which are greater than $10,000 and less that $50,000 without a purchase order, decentralized from Purchasing and Supply, that have been reported to the Manager of Purchasing and Supply and have been reviewed for compliance to the Procurement of Goods and Services Policy, BE RECEIVED for information;   b)         as per the Procurement of Goods and Services Policy, Section 8.11 (c), an annual report of total payments required where a supplier has invoiced the City a cumulative total value of $100,000 or more in a calendar year, BE RECEIVED for information;   c)         the administrative contract awards for Professional Consulting Services with an aggregate total greater than $100,000, as per Section 15.1 (g) of the Procurement of Goods and Services Policy, decentralized from Purchasing and Supply that have been reported to the Manager of Purchasing and Supply and have been reviewed for compliance to the Procurement of Goods and Services Policy, BE RECEIVED for information.

4.   Advisory Committee

Policy Update

That the following actions be taken with respecting to updating the Advisory Committee Policy:   a)         the attached revised proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on April 30, 2013 to amend the General Policy for Advisory Committees, in order to reference other legislation and policies that may be applicable to the Advisory Committees; and   b)         the City Clerk BE REQUESTED to seek the input of Advisory Committees on the use of social media by Advisory Committees, and report back on any recommended amendments to the Advisory Committee Policy with respect to the use of social media by Advisory Committees, having considered that input.

6.   Report on a

Visiting Delegation from Nanjing, China - March 2013

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the staff report dated April 23, 2013 regarding the March 2013 visit by a delegation from London’s sister city, Nanjing, China, BE RECEIVED.

7.   Report on a

Visiting Delegation from Chongqing, China - March 2013

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the staff report dated April 23, 2013 regarding the March 2013 visit by a delegation from Chongqing, China, BE RECEIVED.

8.   Dearness Home:

Consulting and Administrator Services Single Source

That, on the recommendation of Tim Dobbie, Tim L. Dobbie Consulting Ltd, the following actions be taken with respect to the Dearness Home – Consulting Services and Administrative Services – Single Source: a)         the proposed by-law appended to the staff report dated April 23, 2013 BE INTRODUCED at the Municipal Council meeting of April 30, 2013:   i)          to approve the following Agreements:   -           Agreement dated May 1, 2013 between The Corporation of the City of London and Extendicare (Canada) Inc., 3000 Steeles Ave., Markham, Ontario, L3R 9W2, to provide operational consulting services for the Dearness Home at a cost of $28,000 per month plus HST and disbursements; -           Agreement dated May 1, 2013 between The Corporation of the City of London and Extendicare (Canada) Inc., 3000 Steeles Ave., Markham, Ontario, L3R 9W2, to provide Administrator services for Dearness Home at a cost of $14,500 per month plus HST and disbursements;  and   ii)          to delegate authority to the City  Manager to execute the Agreements; and   iii)         to delegate authority to the City Manager to provide written notice of the  termination for the Agreements pursuant to the termination provisions of the Agreements;   b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with the Agreements outlined in (a)(i) above; and   c)          the source of funding for the two Agreements outlined in (a)(i), above, estimated at a total maximum cost of $285 000, BE APPROVED as a drawdown from the Operating Budget Contingency Reserve.

9.   Tax Adjustment

Agenda

That the recommendations contained in the Tax Adjustment Agenda dated April 23, 2013 BE APPROVED; it being noted that there were no members of the public in attendance to speak to the Corporate Services Committee, at the public hearing associated with the Tax Adjustment Agenda.

10.   Nomination of

Councillor H. L. Usher for Re-Election to the FCM Board of Directors

That the following actions be taken with respect to the communication dated April 2, 2013 from Councillor Usher regarding standing for election to the Federation of Canadian Municipalities’ Board of Directors and his associated expenses:   a)            the following resolution BE ADOPTED:   “WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction;   AND WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the Federal Government;   AND WHEREAS FCM’s 76th Annual Conference and Trade Show will take place May 31 to June 3, 2013, during which time the Annual General Meeting will be held and followed by the election of FCM’s Board of Directors;   NOW THEREFORE BE IT RESOLVED that the Municipal Council of The Corporation of the City of London endorses Councillor Harold Usher to stand for election on FCM’s Board of Directors for the 2013/2014 term;   AND BE IT FURTHER RESOLVED that The Corporation of the City of London assumes all costs associated with Councillor Harold Usher attending FCM’s Board of Directors meetings.”;   b)            in the event Councillor Usher is re-elected to the Board of Directors and is reappointed to the Standing Committee on Environmental Issues and Sustainable Development, the related expenses to attend the following meetings be assumed by the City of London, outside of his annual expense allocation, subject to the annual budget approval process and in accordance with Council’s Travel and Business Expenses Policy:   Board of Directors Meeting - September 4-7, 2013 – St. John’s NL Board of Directors Meeting - November 26-29, 2013 – Ottawa, ON Board of Directors Meeting - March 5-8, 2014 – Thunder Bay, ON Sustainable Community Conference             & Trade Show - February 2014 – Charlottetown, PEI Annual Conference and AGM - May 30-June 2, 2014 – Niagara Falls ON;   and,   c)            Councillor H.L. Usher BE REIMBURSED by The Corporation of the City of London, outside his annual expense allocation, for his campaign expenses in seeking re-election to the Board of Directors, in an amount of up to $750, upon submission of eligible expenses.

Moved by Councillor J.P. Bryant

Seconded by Councillor P. Hubert

Amend clause 10 by deleting it in its entirety and by replacing it with a new clause 10 as follows:   “That the following actions be taken with respect to the communication dated April 2, 2013 from Councillor Usher regarding standing for election to the Federation of Canadian Municipalities’ Board of Directors and his associated expenses:   a)        the following resolution BE ADOPTED:   “WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction;   AND WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the Federal Government; AND WHEREAS FCM’s 76th Annual Conference and Trade Show will take place May 31 to June 3, 2013, during which time the Annual General Meeting will be held and followed by the election of FCM’s Board of Directors;   NOW THEREFORE BE IT RESOLVED that the Municipal Council of The Corporation of the City of London endorses Councillor Harold Usher to stand for election on FCM’s Board of Directors for the 2013/2014 term;   AND BE IT FURTHER RESOLVED that The Corporation of the City of London assumes all costs associated with Councillor Harold Usher attending FCM’s Board of Directors meetings.”;   b)         in the event Councillor Usher is re-elected to the Board of Directors, the related expenses to attend the following meetings be assumed by the City of London, outside of his annual expense allocation, subject to the annual budget approval process and in accordance with Council’s Travel and Business Expenses Policy:   Board of Directors Meeting - September 4-7, 2013 – St. John’s NL Board of Directors Meeting - November 26-29, 2013 – Ottawa, ON Board of Directors Meeting - March 5-8, 2014 – Thunder Bay, ON Annual Conference and AGM - May 30-June 2, 2014 – Niagara Falls ON;   c)         in the event Councillor Usher is reappointed to the Standing Committee on Environmental Issues and Sustainable Development, the related expenses to attend the following meeting be assumed by the City of London, outside of his annual expense allocation, subject to the annual budget approval process and in accordance with Council’s Travel and Business Expenses Policy: Sustainable Community Conference & Trade Show - February 2014 – Charlottetown, PEI               and;   d)         Councillor H.L. Usher BE REIMBURSED by The Corporation of the City of London, outside his annual expense allocation, for his campaign expenses in seeking re-election to the Board of Directors, in an amount of up to $750, upon submission of eligible expenses.”

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor P. Hubert

Approve clause 10, as amended

Motion Passed

Motion Passed

11.   Request for Support

to Pass a Resolution re Contractors

That the communication dated April 4, 2013, from S. Reid, Director, Federal and Ontario Progressive Contractors Association of Canada and I. DeWaard, Regional Director, Christian Labour Association of Canada, BE RECEIVED.

12.   Appointment to the

London Diversity and Race Relations Advisory Committee

That the following individual BE APPOINTED to the London Diversity and Race Relations Advisory Committee for the term ending February 28, 2015:   Non-Voting:   -           Michelle Lynne Goodfellow (London & Middlesex Housing Corporation Representative)

13.   Appointment to the

London Advisory Committee on Heritage

That the following individual BE APPOINTED to the London Advisory Committee on Heritage for the term ending February 28, 2015:   Voting:   -           Kira Westby (Emerging Leaders Initiative Representative)

14.   Appointments to the

the Community Safety & Crime Prevention Advisory Committee

That the following individuals BE APPOINTED to the Community Safety and Crime Prevention Advisory Committee for the term ending February 28, 2015:   Voting:   -           Linda Steel (Child Safety Middlesex London Representative)   Non-Voting:   -           Maureen O’Halloran (Block Parent Office Representative)

15.   Appointment to the

Accessibility Advisory Committee

That the following individual BE APPOINTED to the Accessibility Advisory Committee for the term ending February 28, 2015:   Voting:   -           Martha Dyer (Person with a Disability)

5.   Code of Conduct for

Municipal Council and Lobbyist Registry Update

That the following actions be taken with respect to proposed amendments to the Council Policy 5(30) – Code of Conduct for Members of Municipal Council and the establishment of a Lobbyist Registry:   a)            pursuant to section 13.7 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of September 18, 2012, related to the adoption of clause 11 of the 24th Report of the Finance and Administrative Services Committee, concerning the Council Members Integrity Commissioner BE RECONSIDERED;     b)            the City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare a by-law to adopt the attached (Appendix “B”) Council Code of Conduct, which incorporates an Integrity Commissioner, for introduction at the Municipal Council meeting to be held on April 30, 2013;   c)            the City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare and report back to Municipal Council with Terms of Reference outlining the duties and functions to be assigned to an Integrity Commissioner established under sections 223.3 to 223.8 of the Municipal Act, 2001, that would include, but is not limited to, the following:   (i)            appointment by Council by by-law under section 223.3 of the Municipal Act, 2001;   (ii)           to function independently from the Civic Administration and report directly to Municipal Council;   (iii)          to review the Code of Conduct for Members of Municipal Council and to make recommendations thereon as necessary, at a minimum of once per year;   (iv)         to serve a multi-faceted role to act not only as a complaint investigator, but also as an advisor to individual Members of Council in relation to the Municipal Code of Conduct, and any procedures, rules and policies of the municipality governing the ethical behaviour as well as any associated policies, and act as a proactive educator for the Municipal Council, the Civic Administration and the Public;   (v)          to provide semi-annual reports to the Municipal Council summarizing his/her activities in accordance with section 223.6 of the Municipal Act, 2001; and   (vi)         to provide individual investigative reports, as required, which will include background concerning the complaint and recommendations to Municipal Council with respect to the complaint for its consideration, in accordance with section 223.6 of the Municipal Act, 2001; and   d)            the City Clerk, in consultation with the City Solicitor, BE DIRECTED to report back to Municipal Council with a process for the recruitment of an Integrity Commissioner that would include, but is not limited to the following provisions:   (i)            preparation of a Request for Proposal (RFP) that will require the submission of the following information: fees to be charged, under an independent contract and outline the following general qualifications;   A.    proven impartiality and neutrality, such as that of a judge; B.    an ability to provide services on a part-time, flexible, and as-needed basis; C.   no other involvement in political campaigning/endorsements, or related conflict of interest; D.   no financial interest in the work undertaken by the City; E.    an independent person who personifies high ethical standards; F.    experience managing sensitive inquiries, conducting investigations and making appropriate recommendations; G.   excellent communications skills; H.   familiarity with investigatory procedures and the applicable legal principles, particularly as they relate to evidence, legal interpretation and natural justice; I.      general knowledge and appreciation of municipal government; J.    ability to interpret and apply the provisions of various statutes, regulations, policies and other enabling frameworks; K.    impartiality, wisdom, sound judgment combined with the ability to inspire trust and confidence; and L.    at least ten years of senior-level management, legal or quasi-judicial experience.   (ii)           appointment to be for a four-year term, to be staggered two years between Council terms to ensure continuity; and   (iii)          fees to be paid to the Integrity Commissioner, under an independent contract; and, e)            the Managing Director, Corporate Services & City Treasurer, Chief Financial Officer BE DIRECTED to provide a source of financing for the establishment of an Integrity Commissioner;   f)             the City Clerk, in consultation with the City Solicitor, BE DIRECTED to report back in one year, after the implementation of the Integrity Commissioner, to evaluate the need for the establishment of a Lobbyist Registry;   g)            the City Clerk, in consultation with the City Solicitor, BE DIRECTED to incorporate into the complaint resolution process, an opportunity for early stage mediation.

Motion Passed

Motion Passed

Moved by Councillor M. Brown

Seconded by Councillor J.L. Baechler

Amend part c) of clause 5 by inserting, at the end of the first paragraph, the following words: “; it being noted that those duties and functions would exclude the responsibilities of “Closed Meeting Investigator” currently being provided by the Ombudsman”.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor S. Orser

further Amend part g) of clause 5 by deleting the word “incorporate” and by replacing it with the words “report back with respect to the potential incorporation”.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor J.L. Baechler

Approve clause 5, as amended.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Approve clause 1.

16.   Appointment to the

Animal Welfare Advisory Committee

That the following individual BE APPOINTED to the Animal Welfare Advisory Committee for the term ending February 28, 2015:   Voting:   -           Tracy Satchell (Veterinarian)

17.   Resignation of D.

Fortney from the Animal Welfare Advisory Committee

That the communication dated April 3, 2013 from Dianne Fortney, resigning her appointment to the Animal Welfare Advisory Committee, BE ACCEPTED and Ms. Fortney BE THANKED for participating on the Committee.

V.   RECOGNITIONS

18.   Resignation of M.

Rabi from the London Diversity and Race Relations Advisory Committee

That the communication dated April 8, 2013 from Mark Rabi, resigning his appointment to the London Diversity and Race Relations Advisory Committee, BE ACCEPTED and Mr. Rabi BE THANKED for participating on the Committee.

19.   Reimbursement of

Councillor J.L. Baechler’s expenses to serve on Federation of Canadian Municipalities’ Standing Committee(s)

That, subject to the approval of Councillor J.L. Baechler’s application to serve on a Federation of Canadian Municipalities (FCM) Standing Committee, Councillor Baechler BE AUTHORIZED to attend the FCM meetings as noted below, and BE REIMBURSED for her associated expenses outside of her annual expense allocation, subject to the annual budget approval process, and in accordance with Council’s Travel & Business Expenses Policy:   September 4-7, 2013 – St. John’s NL November 26-29, 2013 – Ottawa, ON March 5-8, 2014 – Thunder Bay, ON Sustainable Community Conference   & Trade Show – February 2014 – Charlottetown, PEI Annual Conference and AGM – May 30-June 2, 2014 – Niagara Falls, ON

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 1st reading of Bill Nos. 191 to Bill No. 207 and Bill No. 209.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 2nd reading of  Bill Nos. 191 to Bill No. 207 and Bill No. 209.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve 3rd reading of Bill Nos. 191 to Bill No. 207 and Bill No. 109 be read a third time and enacted.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve 1st reading of Bill No.s 208 and 210.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve 2nd reading of Bill Nos. 208 and 210.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 3rd reading of Bill Nos. 208 and 210.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT