December 17, 2013, at 4:07 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:07 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor J.B. Swan discloses a pecuniary interest in clause 5 of the 1st Report of the Investment and Economic Prosperity Committee, having to do with a mixed-use development, including a Performing Arts Centre, by indicating that his employer, Orchestra London, is a proponent.

Councillor M. Brown discloses a pecuniary interest in clause 13 of the 2nd Report of the Corporate Services Committee, having to do with Sherwood Forest Public School, by indicating that the Thames Valley District School Board (TVDSB) is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause C-3 of the Confidential Appendix to the 2nd Report of the Corporate Services Committee, having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition and/or disposition 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 and/or disposition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition and/or disposition 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 and/or disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition and/or disposition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition and/or disposition 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 and/or disposition, by indicating that the Thames Valley District School Board (TVDSB) is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 3rd Report of the Corporate Services Committee, having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition and/or disposition 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 and/or disposition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition and/or disposition 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 and/or disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition and/or disposition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition and/or disposition 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 and/or disposition, by indicating that the Thames Valley District School Board (TVDSB) is his employer.

V.   RECOGNITIONS

1.   Disclosures of Pecuniary Interest

That it BE NOTED that Councillor B. Armstrong disclosed a pecuniary interest in clause 4 of this Report, specifically having to do with the Residential Rental Licensing Fees, by indicating that he is a landlord.

2.   2013 Community Survey

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 B. Polhill

Seconded by Councillor S. Orser

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

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE FIRST MEETING HELD ON DECEMBER 3, 2013

Moved by Councillor N. Branscombe

Seconded by Councillor S. Orser

Approve the Minutes of the 1st Meeting held on December 3, 2013.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor D. Brown

Seconded by Councillor S. Orser

Approve referral of the following communications, as noted:

3.   Service London Update Report

VIII.   MOTIONS

OF WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor H.L. Usher

Approve clauses 1 to 10, inclusive.

4.   Public Participation Meeting – Amendments

to Consolidated Fees and Charges By-law

5.   2013 Report to the Community

6.   Cycling Advisory Committee

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Approve:   That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the lease between the City and The Court House Block Inc. (the “Landlord”) for the 6th Floor space at 220 Dundas Street BE RENEWED for an additional term of two (2) years, for the J. D. Edwards Upgrade Project, at a base rent of $8.00 per square foot, subject to the same terms and conditions of the existing lease.

Motion Passed

Motion Passed

7.   Sunfest Funding

Request

That the following actions be taken with respect to the communication dated November 8, 2013, from A. Caxaj, Executive, Artistic Director and D. Mumford, Board Member, Sunfest, relating to a one-time funding request of $50,000 to assist in celebrating the festival’s 20th Anniversary:   a)         the above-noted funding request BE REFERRED to the 2014 Budget process;   b)         any funding granted through the Budget process BE DIRECTED to CAIP through the Culture Office, noting that Sunfest currently receives operational funding from CAIP Category 2;   c)         Sunfest BE REQUESTED to use local talent, in addition to international talent for London Day to build live music capacity in London; and,   d)         Sunfest BE REQUESTED to work with the Culture Office and London Arts Council for 2014 Sunfest, to build sustainability for future years;   it being noted that the Investment and Economic Prosperity Committee reviewed and received a communication from A. Halwa, Executive Director, London Arts Council, with respect to this matter.

Moved by Councillor M. Brown

Approve clauses 1 to 5, inclusive.

8.   Ontario Music Fund

Program

That the communication from A. Halwa, Executive Director, London Arts Council, with respect to a funding request of $50,000 per year for a two year London Music Strategy Business Plan BE REFERRED to the Civic Administration to work through the due diligence project checklist process with the London Arts Council, with a report back to IEPC, as soon as possible, at a special meeting if required.

Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Seconded by Councillor D. Brown

Approve clause 8, as amended.

Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Approve clauses 1, 2, 4, 6 and 7.

9.   Procurement of

Goods and Services Policy Revisions

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law appended to the staff report dated December 10, 2013, being a By-Law to amend By-Law No. A.-6151-17, BE INTRODUCED at the Municipal Council meeting on December 17, 2013, to revise Schedule “C” to By-Law No. A.-6151-17 being the Procurement of Goods and Services Policy, to:   a)         increase the dollar limit from $1,000,000 to $3,000,000 for Tenders that do not have an irregular result as per Section 13.2 in the Procurement of Goods and Services Policy; and   b)         modify Section 20.3 d) ii) and Schedule “A” of the Policy both regarding Contract Amendments/Extensions.

Motion Passed

Motion Passed

10.   2013 Capital Budget

Status - Third Quarter Report

That on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the 2013 Capital Budget Status - Third Quarter Report BE RECEIVED for information.

14.   Accessibility for

Ontarians with Disabilities Act Compliance

That, on the recommendation of the Managing Director, Parks and Recreation, the staff report dated December 10, 2013 with respect to the City of London’s compliance with Ontario Regulation 191/11-Integrated Accessibility Standards Regulation, BE RECEIVED for information.

12.   Extension of Realty

Services - Agency of Record Agreement

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the Agreement dated the 20th day of October, 2010 between The Corporation of the City of London and CB Richard Ellis Limited, the Civic Administration BE DIRECTED to provide written notice to CBRE extending the term of the Agreement for an additional (3) three years as provided for in the Agreement, on the understanding that staff will only seek third party assistance for transaction management and brokerage services under the explicit direction of the Manager of Realty Services.

13.   Sherwood Forest

Public School - Stakeholder Consultation Process

That the following actions be taken with respect to consultation processes undertaken to consider concepts for the possible redevelopment of the Sherwood Forest Public School property:   a)         the staff report dated December 10, 2013 BE RECEIVED for information; and   b)         the attached communication from S. Levin, President, Orchard Park/Sherwood Forest Ratepayers BE RECEIVED.

Motion Passed

Motion Passed

11.   2013 Operating

Budget Status - Third Quarter Report

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the 2013 Operating Budget Status – Third Quarter Report for the General (Property Tax Supported), Water, and Wastewater and Treatment Budgets:   a)         the 2013 Operating Budget Status – Third Quarter Report for the General Budget (Property Tax Supported refer to Appendix A), Water Budget and Wastewater and Treatment Budget BE RECEIVED for information, it being noted that the Civic Administration is projecting:   i)          $6.9 million in savings in the General (Property Tax Supported) Budget; it being noted that consistent with Council resolution, the $6.9 million in savings if realized would be contributed to the Operating Budget Contingency Reserve; it being further noted that $3.7 million of the $6.9 million projected surplus relates to a one-time reconciliation of 2010 Ontario Municipal Partnership Funding;   ii)         $3.7 million in savings in the Water Budget; it being noted that consistent with Council direction, the $3.7 million savings would be contributed to the Water Works Capital Reserve Fund;     iii)         $1.8 million in savings in the Wastewater and Treatment Budget; it being noted that consistent with Council direction, the $1.8 million savings would be contributed to the Sewage Works Reserve Fund;     b)         notwithstanding the Council approved Surplus/Deficit Policy, the following drawdowns from the Operating Budget Contingency Reserve be considered:   i)          $2.3 million to the City Facilities Reserve Fund in order to provide a “potential” source of funding for facility related initiatives such as Ontario Works Decentralization should the Property Tax Supported Budget be in a surplus position; it being noted that the Ontario Works Decentralization initiative is progressing and is on target to meet the staged timelines identified in the June 17, 2013 report to the Community and Protective Services Committee;   ii)         $1.0 million to the Economic Development Reserve Fund to be used to support initiatives brought forward by the Investment and Economic Prosperity Committee that best accelerate London’s economy and foster private sector investment in the City, should the Property Tax Supported Budget be in a surplus position;   iii)         $3.6 million be applied as a funding source to avoid 2014 capital budget reductions; it being noted that as part of the 2013 budget deliberations, Council approved a permanent $3.6 million funding cut to capital that flowed through to the 2014 capital budget; it being further noted that the final 2013 year-end position could fluctuate significantly based on factors beyond the control of Civic Administration such as Ontario Works caseload and/or winter maintenance and will not be known until early 2014;   c)         the Civic Administration’s contribution of $1,435,013 ($1,280,920 – property tax supported; $84,143 – wastewater; and $69,950 – water) to the Efficiency, Effectiveness             and Economy reserves in 2013 BE NOTED.

Moved by Councillor J.B. Swan

Seconded by Councillor H.L. Usher

Amend clause 11, in line 2 of part b), by deleting the word “CONSIDERED” and by replacing it with the following words “REFERRED to the 2014 Budget Process”.

Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Seconded by Councillor S. Orser

Approve clause 11, as amended.

Motion Passed

Motion Passed

15.   Security Services

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, on the advice of the Division Manager, Corporate Security and Emergency Management, and on the advice and with the concurrence of the Deputy City Treasurer, the following actions be taken with respect to the provision of security services by the Commissionaires:   a)         the proposal submitted by the Commissionaires (Great Lakes) for the provision of security services through a three (3) year contract with an additional two (2) year renewal option BE ACCEPTED; it being noted this is a single/sole source procurement;   b)         the proposed by-law (Appendix “A”), appended to the staff report dated December 10, 2013, BE INTRODUCED at the Municipal Council meeting on December 17, 2013 to approve the Agreement (Schedule “A” to the By-law) between The Corporation of the City of London and the Commissionaires (Great Lakes), at an estimated annual expenditure of approximately $385,500.00 annually, and subject to the amendments to be made which are noted herein; c)         subject to b), above, the Mayor and the City Clerk BE AUTHORIZED to execute the contract with the Commissionaires (Great Lakes) for the applicable services; and   d)         Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with the report and the Agreement referenced herein.

16.   Agreements between

the City of London and Fanshawe College for Mutual Benefit at Market Lane

That, on the recommendation of the Managing Director, Land Use Planning and City Planner, the proposed by-law appended to the staff report dated December 10, 2013 BE INTRODUCED at the Municipal Council meeting on December 17, 2013 to authorize the Mayor and the City Clerk to execute two agreements for the mutual benefit of the City and Fanshawe College related to  the City’s use of a discrete area within 137 Dundas Street for electrical and mechanical services that support Market Lane, and for an encroachment into Market Lane at 139 Dundas Street to permit stairs and ramping for Fanshawe’s new building.

17.   Request for Write

Off of Miscellaneous and Dearness Home Accounts Receivable

That, on the recommendation of the Deputy City Treasurer, the Civic Administration BE AUTHORIZED to write off the outstanding Miscellaneous and Dearness accounts receivable, attached as Appendix “A” to the staff report dated December 10, 2013, to the Allowance for Doubtful Accounts, in accordance with the Uncollectible Accounts Receivable Policy.

18.   Participation of

Young Women in Civics and Government

That the Civic Administration BE DIRECTED to provide one-time funding in the amount of $20,000, within the existing budget to be contributed to the Operating Contingency Reserve Fund, for a video to deliver an impactful message to young women to be shared widely, including on-line media, with the objective of encouraging young women to actively participate in civics and government.

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 J.B. Swan

Seconded by Councillor B. Polhill

Approve Introduction and First Reading of Bill No.s 31 to 55, inclusive.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve Second Reading of Bill No.s 31 to 55, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Orser

Seconded by Councillor P. Van Meerbergen

Approve Third Reading and Enactment of Bill No.s 31 to 55, inclusive.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT