November 25, 2014, at 4:05 PM
Present:
J. Baechler, 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:
P. Van Meerbergen, J.B. Swan
Also Present:
A. Zuidema, J.P. Barber, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, I. Gibb, M. Hayward, G.T. Hopcroft, G. Kotsifas, L. Livingstone, B. Martinez, V. McAlea Major, D. O’Brien, R. Paynter, M. Ribera, L. Rowe, S. Spring, B. Westlake-Power, J. Yanchula
The Council meets in Regular Session in the Council Chambers this day at 4:05 PM.
I. DISCLOSURES
OF PECUNIARY INTEREST
Councillor M. Brown discloses a pecuniary interest in clause 3 of the 19th Report of the Community and Protective Services Committee and the related Bill No. 532, having to do with a Joint Use of Facilities Amending Agreement between the Thames Valley District School Board (TVDSB) and The Corporation of the City of London by indicating that the TVDSB is his employer. Councillor M. Brown further discloses a pecuniary interest in clause 4 of the 19th Report of the Community and Protective Services Committee, having to do with the Neighbourhood Family Centre Thames Valley District School Board Lord Nelson Public School Update by indicating that the TVDSB is his employer.
Councillor W.R. Monteith discloses a pecuniary interest in clause 8 of the 19th Report of the Strategic Priorities and Policy Committee, having to do with Council benefits by indicating that he could benefit from the proposed change by virtue of his age.
II. REVIEW OF
CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
III. ADDED
REPORTS
1. Her Worship the Mayor recognizes the
contributions of Councillors Bud Polhill, Joe Swan, Stephen Orser, Russ Monteith, Nancy Branscombe, Dale Henderson, Paul Van Meerbergen, Denise Brown, Judy Bryant and Sandy White while serving on the Municipal Council. Mayor-Elect M. Brown recognizes the contributions of Mayor Joni Baechler while serving on the Municipal Council.
IV. COMMITTEE
OF THE WHOLE, IN CAMERA
V. RECOGNITIONS (Continued)
3. Board Structure
Resolution for London and Middlesex Housing Corporation
That, on the recommendation of the City Manager, the proposed by-law, as appended to the staff report dated November 24, 2014 BE INTRODUCED at the Municipal Council meeting on November 25, 2014 to: a) ratify and confirm the resolution of the Shareholder of the London & Middlesex Housing Corporation (LMHC) attached as Schedule “1” to the by-law; and b) authorize the Mayor and the City Clerk to execute the resolution of the shareholder attached as Schedule “1” to the by-law.
VI. CONFIRMATION AND SIGNING OF
THE MINUTES OF the 25TH MEETING HELD ON dECEMBER 17, 2013
Moved by Councillor D. Brown
Seconded by Councillor J.P. Bryant
Approve the Minutes of the 25th Meeting held on November 25, 2014.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (15)
Motion Passed
VII. COMMUNICATIONS
AND PETITIONS
Moved by Councillor P. Van Meerbergen
Seconded by Councillor B. Polhill
Approve receipt and referral of Communication No.s 1 and 2.
2. Her Worship the Mayor and P. Shanahan,
Chair, London Diversity and Race Relations Advisory Committee present the Diversity, Race Relations and Inclusivity Awards to the following: The School of Communications Sciences & Disorders, Western University (Institutions - Public or Private) The London & Middlesex Local Immigration Partnership (Social/ Community Services (including Not-for-Profit), education and training) Epilepsy Support Centre (Social/Community Services (including Not-for-Profit), education and training)
VIII. MOTIONS OF
WHICH NOTICE IS GIVEN
IX. REPORTS
Moved by Mayor M. Brown
Approve clauses 1, 2, 5 and 6.
5. 2015 Water and
Wastewater Rates
That, on the recommendation of the Managing Director, Environmental and Engineering Services & City Engineer, and the Managing Director, Corporate Services & City Treasurer, Chief Financial Officer, the following actions be taken with respect to the 2015 water and wastewater rates: a) all rates and charges related to the provision of Wastewater and Treatment Services, with the exception of charges related to the installation or replacement of Private Drain Connections, BE INCREASED by 7%, effective January 1, 2015; b) all rates and charges related to the provision of Water Services, with the exception of the Customer Assistance charge, BE INCREASED by 7%, effective January 1, 2015; c) the proposed by-law to amend the Wastewater and Treatment Rates and Charges By-law, as appended to the staff report dated November 24, 2014, BE INTRODUCED at the Municipal Council meeting on November 25, 2014 to effect the rates and charges noted in (a), above; d) the proposed by-law to amend the Water Rates and Charges By-law, as appended to the staff report dated November 24, 2014, BE INTRODUCED at the Municipal Council meeting on November 25, 2014 to effect the rates and charges noted in (b), above; and e) the Civic Administration BE DIRECTED to update the Water Service Area Financial Plan and report back to the Municipal Council; it being noted that the 2015 rate increase is less than that presently included in the Financial Plan, and that the Financial Plan is due for an update in 2015 to coincide with Provincial Licensing requirements; it being pointed out that no individuals sought to make oral submissions at the public participation meeting associated with this matter.
Motion Passed
Vote:
Yeas: Nays: J.B. Swan B. Polhill J. Baechler S. Orser N. Branscombe S.E. White (3) D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith M. Brown B. Armstrong P. Hubert H.L. Usher (12)
Motion Passed
Moved by Councillor H.L. Usher
Approve clause 7.
6. Review of Acting
Mayor Policy
That, on the recommendation of the City Clerk, the following actions be taken with respect to a review of the Acting Mayor Policy: a) the proposed policy, as appended to the staff report dated September 24, 2014, drafted in accordance with the direction of the Municipal Council from its meeting held on September 10, 2014, BE CONSIDERED; and b) the City Clerk BE DIRECTED to undertake the necessary steps and bring forward any necessary by-laws to enact the changes arising from consideration of the draft policy noted above; it being noted that any changes that may be required to the Council Procedure By-law will require a public participation meeting.
4. Amendments to
Consolidated Fees and Charges By-law
That, on the recommendation of the City Clerk, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law, as appended to the staff report dated November 24, 2014, BE INTRODUCED at the Municipal Council meeting on November 25, 2014 for the purpose of repealing By-law No. A-47, as amended, being “A by-law to provide for Various Fees and Charges” and replacing it with a new Fees and Charges By-law that updates, adds and increases certain fees and charges for services or activities provided by the City of London; it being pointed out that no individuals sought to make oral submissions at the public participation meeting associated with this matter.
7. Office Reallocation
- 2014 - 2018 Council Term
That, at the request of Councillor H.L. Usher, NO ACTION BE TAKEN to relocate his office.
Motion Passed
Vote:
Yeas: Nays: B. Polhill D. Brown (1) J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (14)
Motion Passed
Moved by Councillor H.L. Usher
Approve clause 8.
8. Council Benefits
That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, the Civic Administration BE DIRECTED to amend the long term disability benefit for Council members in accordance with the recommendation outlined in the staff report dated November 24, 2014 and the Municipal Council’s resolution of March 2, 1998, Section 1. (e) BE AMENDED to remove the words “under age 65”.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (14) RECUSED: W.R. Monteith (1)
Motion Passed
11. Standard
Subdivision Agreement Template - Updated General Provisions
That, on the recommendation of the Manager of Development Services and Engineering Liaison, the following actions be taken with respect to proposed modifications to the General Provisions section of the Standard Subdivision Agreement Template: a) the amended General Provisions, as appended to the staff report dated November 18, 2014, BE APPROVED for inclusion in the Standard Subdivision Agreement Template; b) Development Services BE AUTHORIZED to amend the Subdivision Agreement Template and subdivision agreements, as required from time to time, in consultation with the Legal Services, to make minor modifications and incorporate administrative changes that are required to implement updated City policies, practices, by-laws and organizational structure; c) the Civic Administration BE ADVISED that any recommended amendments to the Subdivision Agreement Template and subdivision agreements which have a direct impact on City business practices and/or a direct impact on City budgets, shall be brought before the appropriate Standing Committee for consideration and approval; d) the Civic Administration BE REQUESTED to review and report back to a future Planning and Environment Committee meeting, the subdivision agreement provisions related to: i) the timing for School Boards to decide upon reserved school blocks within plans of subdivision, in conjunction with the Thames Valley Liaison Committee; and, ii) the timing for installation parks within plans of subdivisions; e) the Civic Administration BE REQUESTED to inform incoming Council Members of subdivision agreement provisions containing obligations with deferred timing;
it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2014-L04/D12)
12. Property located at
161 Windermere Road (39CD-14501/Z-8167)
That the application of Tridon Group Ltd., relating to the property located at 161 Windermere Road, BE REFERRED back to the Civic Administration, to address the following concerns raised at the public participation meeting and to report back at a future meeting of the Planning and Environment Committee: a) whether or not the surface water seeps have been properly identified; b) the outstanding approval requirement, from the Ministry of Natural Resources, relating to the Queensnake; c) the concerns relating to erosion; d) the adequateness of the proposed stormwater management system; e) the adequateness of the sanitary sewer services; f) land use planning concerns; g) land title issues; h) water drainage issues; and, i) the concerns expressed by the City of London Environmental and Ecological Planning Advisory Committee; it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter: - a communication from Dr. L.C. Grace and Dr. M. Grace, 151 Windermere Road (Secretary’s Note: a petition signed by 120 individuals is on file in the City Clerk’s Office); - a communication, dated November 12, 2014, from J. Christian, 80 Bloomfield Drive; and, - a communication, dated November 12, 2014, from W. Pol, Pol Associates Inc.; it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith. (2014-D14)
13. 12th Report of the
London Advisory Committee on Heritage
That, the following actions be taken with respect to the 12th Report of the London Advisory Committee on Heritage from its meeting held on November 12, 2014: a) the following actions be taken with respect to the building located at 445/447/449 Dundas Street: i) the Civic Administration BE ADVISED that based on the evaluation of the architectural, historical and contextual value of the subject land, the London Advisory Committee on Heritage (LACH) does not recommend designation of the property under the Ontario Heritage Act; and, ii) the property owners BE REQUESTED to make efforts to salvage all architectural materials for reuse; it being noted the LACH further requests that the detailing of the second floor be incorporated into the design of the façade of any future construction; it being noted that the LACH heard a verbal delegation from D. Schinkelshoek, Melchers Construction, with respect to this matter; b) on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application for the property located at 845 Hellmuth Avenue, within the Bishop Hellmuth Heritage Conservation District, BE APPROVED; it being noted that the London Advisory Committee on Heritage heard a verbal delegation from M. De Wilde, Property Owner, with respect to this matter; c) the following actions be taken with respect to the London Advisory Committee on Heritage (LACH) Stewardship Sub-Committee: i) consideration of designation of the property located at 1266 Riverside Drive BE REFERRED back to the Stewardship Sub-Committee for further evaluation, with respect to new information provided at the LACH meeting held on November 12, 2014, to include consideration of designation as part of the Cultural Heritage Landscape; it being noted that the LACH heard a verbal delegation from B. Lambe and B. Bikas, Drewlo Holdings, with respect to this matter; ii) the Heritage Alteration Application Permit related to the property located at 434 English BE DEFERRED to a future meeting of the LACH in order to allow the applicants time to reassess the proposed alteration design; it being noted that the LACH reviewed and received a communication from D. Menard, Heritage Planner, with respect to a further report from the Stewardship Sub-Committee, and heard a verbal delegation from T. Hill and P. Morgan, Property Owners, with respect to this matter; and, iii) it BE NOTED that the Stewardship Sub-Committee minutes from its meeting held in November 2014, were received; d) the following actions be taken with respect to the City of London cultural interpretive signage: i) on the recommendation of the City Manager, the following actions be taken with respect to the City of London cultural interpretive signage, the City of London Culture Office BE AUTHORIZED, under the City of London’s Sign and Canopy By-law, to oversee the City’s Cultural Interpretive Signage Program, which may include locating signage attached to standalone poles on road allowances; and, i) the transfer of $4,000 from the London Advisory Committee on Heritage (LACH) 2014 budget allocation to the Arts, Culture and Heritage Advisory and Funding Budget BE APPROVED, for the creation of a City of London heritage interpretive sign for the Burridge Block, located at 103-105 King Street; it being noted that the LACH heard a verbal delegation from R. Armistead, Manager, Culture and Municipal Policy, with respect to this matter; e) on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit application to alter a heritage designated property located at 345-351 Talbot Street, within the Downtown Heritage Conservation District, BE APPROVED SUBJECT TO the use of Spectis moulding, cornice profile MD1252, as appended to the 12th Report of the London Advisory Committee on Heritage, to be painted; it being noted that the LACH heard a verbal delegation from D. Schinkelshoek, Melchers Construction, with respect to this matter; and, f) clauses 1 and 2, clauses 5 to 8 and clauses 11 and 12, BE RECEIVED.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (15)
Motion Passed
9. Confirmation of
London Hydro Borrowing Requirements
That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer for the City of London, that the City Treasurer BE DIRECTED to sign the letter attached as Appendix “B” to the staff report dated November 24, 2014, as confirmation that London Hydro’s borrowing requirements are considered to be in the ordinary course of business and shareholder approval is not required in any event.
10. Striking Committee Review of Citizen
Applications to Boards and Commissions
That, notwithstanding the applicable policy/terms of reference, the Striking Committee BE REQUESTED to review citizen applications to Boards and Commissions and provide a short list of citizen candidates for the Municipal Council’s consideration; it being noted that the short listing process should consider balancing gender, experience, and diversity, amongst other considerations; it being understood that the Municipal Council would still be provided with the complete file of applications for its review and consideration.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (15)
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 Introduction and First Reading of Bill No.’s 531 and 533 to 545.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (15)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor S.E. White
Approve Second Reading of Bill No.’s 531 and 533 to 545.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (15)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor D. Brown
Approve Third Reading of Bill No.’s 531 and 533 to 545.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White M. Brown B. Armstrong P. Hubert H.L. Usher (15)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor D. Brown
Approve Introduction and First Reading of Bill No. 532.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White B. Armstrong P. Hubert H.L. Usher (14) RECUSED: M. Brown (1)
Motion Passed
Moved by Councillor B. Polhill
Seconded by Councillor S.E. White
Approve Second Reading of Bill No. 532.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White B. Armstrong P. Hubert H.L. Usher (14) RECUSED: M. Brown (1)
Motion Passed
Moved by Councillor D. Brown
Seconded by Councillor J.P. Bryant
Approve Third Reading of Bill No. 532.
Motion Passed
Vote:
Yeas: B. Polhill J.B. Swan S. Orser J. Baechler N. Branscombe D.G. Henderson P. Van Meerbergen D. Brown J.P. Bryant W.R. Monteith S.E. White B. Armstrong P. Hubert H.L. Usher (14) RECUSED: M. Brown (1)
Motion Passed