December 3, 2013, at 4:30 PM
Present:
J.F. Fontana, B. Polhill, B. 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
Absent:
D. Brown, M. Brown, J.P. Bryant, D.G. Henderson, P. Van Meerbergen, S.E. White
Also Present:
A. Zuidema, J.P. Barber, A.L. Barbon, G. Belch, J. Braam, U. Candido, B. Coxhead, S. Datars Bere, J. Edward, J.M. Fleming, A. Hagan, N. Hall, M. Hayward, G.T. Hopcroft, J. Kobarda, G. Kotsifas, L. Livingstone, V. McAlea Major, D. O’Brien, J. Page, R. Paynter, M. Ribera, L. Rowe, B. Warner, B. Westlake-Power
The Council meets in Regular Session in the Council Chambers this day at 4:30 PM.
I. DISCLOSURES
OF PECUNIARY INTEREST
Councillor P. Hubert discloses a pecuniary interest in clause 7 of the 22nd Report of the Community and Protective Services Committee and the related Bill No. 3, both having to do with the Purchase of Service Agreement for Ontario Works employment assistance services, by indicating that he is the Executive Director of a social service agency with a Purchase of Service Agreement with Ontario Works. Councillor N. Branscombe discloses a pecuniary interest in clause 9 of the 25th Report of the Planning and Environment Committee and the related Bill No. 24, both having to do with properties located at 595 and 607 Industrial Road, by indicating that her spouse operates a business in close proximity to the subject properties. Councillor J.P. Bryant discloses a pecuniary interest in clause 10 of the 30th Report of the Corporate Services Committee, having to do with an appointment to the Environmental and Ecological Planning Advisory Committee, by indicating the applicant is a friend and a neighbour. Councillor J.P. Bryant further discloses a pecuniary interest in clause 14 of the 25th Report of the Planning and Environment Committee, having to do with secondary dwelling units, by indicating that she has a secondary dwelling unit at her residence.
Councillor P. Van Meerbergen discloses a pecuniary interest in clause C-2 of the Confidential Appendix to the 30th Report of the Corporate Services Committee and any related by-law that may be brought forward in public session, having to do with a matter pertaining to potential litigation and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to a potential arbitration concerning the apportionment of costs for social housing, Ontario Works, Child Care and Land Ambulance between Middlesex County and the City of London, as his spouse operates childcare business.
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.
2. 2014 Volunteer
Service Awards Program
That the communication dated November, 2013, from M. Coteau, Minister, Ministry of Citizenship and Immigration, with respect to the 2014 Volunteer Service Awards program, BE RECEIVED. (2013-M11)
3. 11th Report of the
London Housing Advisory Committee
That the 11th Report of the London Housing Advisory Committee, from its meeting held on November 13, 2013, BE RECEIVED.
IV. COMMITTEE
OF THE WHOLE, IN CAMERA
MOTION FOR IN CAMERA SESSION
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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 (13)
Motion Passed
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser J.L. Baechler N. Branscombe M. Brown P. Hubert D.G. Henderson D. Brown H.L. Usher J.P. Bryant S.E. White (14) RECUSED: P. Van Meerbergen (1)
Motion Passed
Councillor Hubert reports progress on the remaining in camera matters.
V. RECOGNITIONS
VI. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE NINETEENTH MEETING HELD ON NOVEMBER 19, 2013
Moved by Councillor D. Brown
Seconded by Councillor J.L. Baechler
Approve the Minutes of the 19th Meeting held on November 19, 2013.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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
VII. COMMUNICATIONS
AND PETITIONS
Moved by Councillor N. Branscombe
Seconded by Councillor P. Van Meerbergen
Approve referral of the following Communications, as noted:
4. 12th Report of the
Animal Welfare Advisory Committee
That the 12th Report of the Animal Welfare Advisory Committee, from its meeting held on November 7, 2013, BE RECEIVED.
VIII. MOTIONS OF
WHICH NOTICE IS GIVEN
IX. REPORTS
Moved by Councillor J.P. Bryant
Approve clauses 1, 2, 4, 5 and clauses 7 to 9.
5. Animal Welfare
Services Funding
That, on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official, the staff report dated November 25, 2013, with respect to animal welfare services funding, BE RECEIVED for information. (2013-F05)
7. Amendment to
Purchase of Service Agreement - Ontario Works Employment Assistance Services
That, on the recommendation of the Managing Director of Housing, Social Services and Dearness Home, the proposed by-law, as appended to the staff report dated November 25, 2013, BE INTRODUCED at the Municipal Council meeting of December 3, 2013 to: a) approve the Amending Agreement with Goodwill Industries, Ontario Great Lakes for the delivery of the Circles Initiative; and, b) authorize the Mayor and the City Clerk to execute the Amending Agreement. (2013-L04)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana B. Armstrong B. Polhill J.B. Swan S. Orser D.G. Henderson J.L. Baechler P. Van Meerbergen (4) N. Branscombe M. Brown P. Hubert D. Brown H.L. Usher J.P. Bryant S.E. White (11)
Motion Passed
Moved by Councillor P. Van Meerbergen
Approve clauses 1 and 2.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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
8. RFP 13-29 - Supply
and Delivery of Automatic External Defibrillators
That, on the recommendation of the Fire Chief, with the concurrence of the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to the supply and delivery of automatic external defibrillators: a) the submission from Physio-Control Canada Sales, Ltd., 7111 Syntex Drive, 3rd Floor, Mississauga, ON L5N 8C3, for the supply and delivery of automatic external defibrillators, with training capabilities, at the proposed price of $78,965.25, HST extra, BE ACCEPTED; b) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase; c) the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract of record relating to the subject matter of this approval; and, d) the funding for this purchase BE APPROVED as set out in the Sources of Financing Report, as appended to the staff report dated November 25, 2013. (2013-F18)
9. 2012 Emergency
Management Program Update
That, on the recommendation of the Division Manager, Corporate Security and Emergency Management, with the concurrence of Managing Director, Corporate Services and Chief Human Resources Officer, the following actions be taken with respect to the 2013 Emergency Management Program: a) the proposed by-law, as appended to the staff report dated November 25, 2013, BE INTRODUCED at the Municipal Council meeting of December 3, 2013 to: i) adopt the Emergency Management Program, including the London Emergency Response Plan as set out in Schedule “A” of the by-law; and, ii) repeal By-law A.-6786-77; and, b) the staff report dated November 25, 2013 with respect to this matter and including the details of 2012 Emergency Management Program BE RECEIVED for information. (2013-P03)
6. Provincial Social
Assistance Service and Rate Structure Reviews
That, on the recommendation of the Managing Director of Housing, Social Services, and Dearness Home, the staff report dated November 25, 2013, with respect to service and rate structure reviews for social assistance, BE RECEIVED for information. (2013-S04)
10. A. Oudshoorn,
Chair, London Homeless Coalition - London Homeless Coalition Advocacy Campaign
That an immediate $100/month increase to Ontario Works rates for a single adult, funded by the Province, BE ENDORSED and that the Province BE ADVISED of the Council position with respect to this matter; it being noted that the proposed increase was recognized as a need in the Commission for the Review of Social Assistance in Ontario, 2012; it being further noted that the Community and Protective Services Committee received a verbal presentation from A. Oudshoorn, Chair London Homeless Coalition, with respect to this matter.
12. Review of Holding
Provision Requirements in Zoning By-law Z-1
That, on the recommendation of the Manager of Development Services and Planning Liaison, the following actions be taken with respect to a City-initiated application to amend the requirements relating to the implementation of holding provisions in Zoning By-law No. Z.-1: a) the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting to be held on December 3, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to amend Section 3.8.2 (Holding Zone Provisions) by revising the “Purpose” to state that the “h” symbol shall not be deleted until the required security has been provided for the development agreement or subdivision agreement and the Municipal Council is satisfied that the conditions of the approval of the plans and drawings for a site plan or the conditions of the approval of a draft plan of subdivision will ensure a development agreement or subdivision agreement is executed by the applicant and the City prior to development; b) the Civic Administration BE DIRECTED to take all necessary steps in connection with future applications to bring forward a by-law for the purpose of removing “h” holding provisions at the same time as special provisions are recommended for subdivision agreements or special provisions are prepared for development agreements; and, c) the Civic Administration BE DIRECTED to undertake a comprehensive review of the current practice of applying holding provisions in By-law No. Z.-1, and report back on alternative planning and zoning tools that may be employed to redefine and reduce the use of redundant or unnecessary holding provisions in By-law Z-1; it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2013-D14A)
13. Land Needs
Background Study for the 2011 Official Plan Review (O-7938)
That, on the recommendation of the Managing Director, Planning and City Planner, the Land Needs Background Study for the 2011 Official Plan Review, the Land Needs Background Study BE ADOPTED as a Background Document for the Rethink London Official Plan Review process; it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith: - Joe Pereira, on behalf of Kape Developments - confirming that staff is asking the Planning and Environment Committee to adopt the staff recommendation; and, enquiring how appeals work relating to matter. - Sergio Pompilii, Sergio E. Pompilii & Associates Ltd. - understanding that, in two weeks, they have an opportunity to look at the scenario for the area he is concerned with, being East London, to see if they can be brought in; advising that there is not an oversupply for growth in East London; indicating that East London is different from other areas of the city; advising that there has been a decrease in the population in East London because there is not the land supply for housing, which hurts East London; and, advising that there is an existing population and existing infrastructure in East London that needs to be dealt with. (2013-D08)
15. Properties located
at 3924 and 4128 Colonel Talbot Road (OMB File: PL130130, PL130131, PL130132)
That, it BE NOTED that the Planning and Environment Committee reviewed and received a communication dated November 25, 2013, from S. Stapleton, Vice-President, Auburn Developments, withdrawing his request for delegation status relating to this matter. (2013-L01/D12)
16. 11th Report of the
London Advisory Committee on Heritage
That, the following actions be taken with respect to the 11th Report of the London Advisory Committee on Heritage (LACH) from its meeting held on November 13, 2013: a) the minutes of the Stewardship Sub-Committee and verbal presentation from J. Lutman, from its meeting held on October 30, 2013: i) the residence located at 371 Wharncliffe Road North BE ADDED to the Inventory of Heritage Resources as a Priority 2 listing, for historical and contextual reasons; and, ii) a notice of the Municipal Council’s intention to designate the property located at 664 Dundas Street (Clay Arts Building) to be of cultural heritage value or interest BE GIVEN, for the reasons appended to the 11th Report of the London Advisory Committee on Heritage, under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.; b) on the recommendation of the Managing Director of Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of the Roman Catholic Diocese of London, requesting permission for a revision to the designation by-law of the designated heritage property located at 1070/1040 Waterloo Street, BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed revision and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible; and, c) clauses 3 to 8, inclusive, of the 11th Report of the LACH BE RECEIVED.
17. Review of Planning
Application Fees
That, on the recommendation of the Managing Director, Planning and City Planner, pursuant to the PricewaterhouseCoopers Quarterly Report on Internal Audit results and further direction from Municipal Council respecting planning application fees, the proposed by-law, as appended to the staff report dated November 26, 2013, BE INTRODUCED at the Municipal Council meeting on December 3, 2013; it being noted that the Planning and Environment Committee reviewed and received a communication dated November 22, 2013 from J. Kennedy, London Development Institute, with respect to this matter. (2013-C01)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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. 5th Report of the
Council Housing Leadership Committee
That the following actions be taken with respect to the 5th Report of the Council Housing Leadership Committee, from its meeting held on November 18, 2013: a) on the recommendation of the Director, Municipal Housing, with the concurrence of the Managing Director of Housing, Social Services, and Dearness Home, the following actions be taken with respect to a proposed Housing Development Corporation (HDC): i) the interim report entitled “Business Model Development for a Housing Development Corporation for the City of London” from SHS Consulting Inc., BE RECEIVED; and, ii) the Civic Administration BE DIRECTED to report back at a future meeting of the Council Housing Leadership Committee outlining potential action plans and resource requirements; it being noted that the action plans should include appropriate validation and the cost of governance; it being noted that the Council Housing Leadership Committee heard a verbal presentation from C. Pacini, SHS Consulting Inc., A. Spence, MaRS and N. Tasevski, Purpose Capital, with respect to this matter; b) on the recommendation of the Managing Director, Neighbourhood, Children and Fire Services and the Managing Director of Housing, Social Services, and Dearness Home, the following actions be taken with respect to the Homeless Prevention and Housing Plan, 2010 to 2024: i) the Homeless Prevention and Housing Plan 2010 to 2024, BE APPROVED substantially in the form appended to the 5th Report of the Council Housing Leadership Committee; ii) the above-noted Plan BE ADOPTED as the Local Service Management Plan, as required under the Housing Services Act, 2011; and, iii) a copy of the Municipal Council resolution relating to the Homeless Prevention and Housing Plan 2010 to 2024 and the Plan BE FORWARDED to the Provincial Minister of Municipal Affairs and Housing for review; it being noted that any final amendments to the Plan, based on provincial review, will be included in its final published version and will be shared with the Municipal Council; and, c) clauses 3 and 4 BE RECEIVED.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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. Secondary Dwelling
Units (OZ-8053)
That, the application of the City of London, relating to an Official Plan Amendment to introduce new city-wide policies related to secondary dwelling units and for a Zoning By-law Amendment to introduce regulations related to secondary dwelling units BE REFERRED back to the Civic Administration at a future public participation meeting of the Planning and Environment Committee, for the following: a) to provide further clarification; b) to receive advice from the London Housing Advisory Committee; and, c) to receive advice from the Town & Gown Committee. (2013-D14A)
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. 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 S.E. White (14) RECUSED: J.P. Bryant (1)
Motion Passed
Moved by Councillor H.L. Usher
Seconded by Councillor D. Brown
Approve reconsideration of clause 2, to allow discussion on the item.
Motion Passed
Vote:
Yeas: Nays: J.F. Fontana S. Orser B. Polhill D.G. Henderson (2) B. Armstrong J.B. Swan J.L. Baechler N. Branscombe M. Brown P. Hubert P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
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 P. Van Meerbergen
Approve Introduction and First Reading of Bill No.s 1, 2 and 4 to 23 and 25.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser 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
Moved by Councillor B. Polhill
Seconded by Councillor D. Brown
Approve Second Reading of Bill No.s 1, 2 and 4 to 23 and 25.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser 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
Moved by Councillor B. Polhill
Seconded by Councillor D. Brown
Approve Third Reading and Enactment of Bill No.s 1, 2 and 4 to 23 and 25.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser 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
Moved by Councillor D. Brown
Seconded by Councillor B. Polhill
Approve Introduction and First Reading of Bill No. 3.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor D. Brown
Approve Second Reading of Bill No. 3.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor N. Branscombe
Approve Third Reading and Enactment of Bill No. 3.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor P. Van Meerbergen
Approve Introduction and First Reading of Bill No. 24.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (12) RECUSED: N. Branscombe (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor H.L. Usher
Approve Second Reading of Bill No. 24.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (12) RECUSED: N. Branscombe (1)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor B. Polhill
Approve Third Reading and Enactment of Bill No. 24.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (12) RECUSED: N. Branscombe (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor J.P. Bryant
Approve Introduction and First Reading of Added Bill No.s 26, 27 and 29.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor J.B. Swan
Approve Second Reading of Added Bill No.s 26, 27 and 29.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor P. Van Meerbergen
Approve Third Reading and Enactment of Added Bill No.s 26, 27 and 29.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson P. Van Meerbergen D. Brown H.L. Usher J.P. Bryant S.E. White (13)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor S. Orser
Approve Introduction and First Reading of Bill No. 28.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson D. Brown H.L. Usher J.P. Bryant S.E. White (12) RECUSED: P. Van Meerbergen (1)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor H.L. Usher
Approve Second Reading of Bill No. 28.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson D. Brown H.L. Usher J.P. Bryant S.E. White (12) RECUSED: P. Van Meerbergen (1)
Motion Passed
Moved by Councillor S. Orser
Seconded by Councillor B. Polhill
Approve Third Reading and Enactment of Bill No. 28.
Motion Passed
Vote:
Yeas: J.F. Fontana B. Polhill B. Armstrong J.B. Swan S. Orser N. Branscombe M. Brown D.G. Henderson D. Brown H.L. Usher J.P. Bryant S.E. White (12) RECUSED: P. Van Meerbergen (1) The following by-laws are passed enacted as by-laws of The Corporation of the City of London:
Motion Passed