February 24, 2015, at 4:06 PM

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:06 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

IV.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Report on Specified

Auditing Procedures

That the KPMG Report on Specified Auditing Procedures, dated July 23, 2014, BE RECEIVED.

V.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor P. Hubert

Seconded by Councillor B. Armstrong

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

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SIXTH MEETING HELD ON FEBRUARY 9, 2015

Moved by Councillor J. Helmer

Seconded by Councillor T. Park

Approve the Minutes of the Sixth Meeting held on February 9, 2015.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor J. Helmer

Seconded by Councillor S. Turner

Approve Receipt and Referral of the following communications, as noted on the Added Agenda of Council:

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor M. Cassidy

Approve clauses 1 to 10, inclusive.

3.   Audit Planning

Report for the Year Ending December 31, 2014

That the KPMG LLP Audit Planning Report, for the year ending December 31, 2014, BE APPROVED.

4.   Quarterly Report on

Internal Audit Results - Development and Compliance Services - By-law Enforcement and Licensing

That, on the recommendation of PricewaterhouseCoopers (PwC), the Action Plans identified in PwC’s report dated February 18, 2015 BE IMPLEMENTED with respect to the Quarterly Reports on Internal Audit Results – Development and Compliance Services - By-law Enforcement and Licensing; it being noted that the Civic Administration will report back on the recommendations through the Audit Committee and/or the appropriate Standing Committee where applicable.

Moved by Councillor M. Cassidy Approve clauses 1

20, inclusive.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor H.L. Usher

Approve:   1.  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, with respect to the City-owned industrial land located on the south side of Scanlan Street, in the River Road Industrial Park, containing an area of 3.36 acres, being comprised of Part of Lot 9 and all of Lot 10, Plan 33M-415, as outlined on the sketch attached hereto as Schedule “A”, the offer submitted by Tire Supplier Distribution Inc. (the “Purchaser”) to purchase the subject property from the City, at a purchase price of $252,000.00 (reflecting a sale price of $75,000.00 per acre) BE ACCEPTED subject to the following conditions:   a)                     the City permitting an initial building coverage of 10.9 percent in place of the required 15 percent, as prescribed by Clause 5(2) of the Industrial Land Sale Policy; and   b)         the Purchaser satisfying itself that it will be able to obtain site plan approval in connection with the Purchaser’s intended development and use of the subject property.   2.  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 Manager of Realty Services, the following actions be taken with respect to the property expropriated by the City, located at 1600 – 1622 Hyde Park Road, shown as Parts 4, 5 and 6, Plan 33R-18316, further described as Parts 1, 2 and 3, Expropriation Plan ER-936617 registered on June 30, 2014, containing an area of 10,381.8 square feet, for the purpose of the Hyde Park Road Widening and Improvements Project between South Carriage Road and Fanshawe Park Road West:   a)         the Settlement Agreement submitted by Hyde Park Investments 2012 Limited (the “Owner”), attached as Appendix “B”, to settle in full, final and complete settlement of all claims of the Owner, including interest, against the City arising out of or in any way connected with the expropriation BE ACCEPTED subject to the following conditions:               i)          the City agreeing to pay the Owner’s reasonable legal costs, including fees, disbursements and applicable taxes to complete this transaction, subject to assessment;               ii)         the City agreeing to arrange for and to pay for the loss of the parking bollards, any gravel and paved sections, relocation/ removal of sign(s), and any landscaping; and   b)         the financing for this settlement BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.

Motion Passed

Motion Passed

5.   Architect to Act

as  Prime Consultant for the Southwest Multi-Purposed Recreation Centre (RFP 14-61) (Project # RC2755)

That, on the recommendation of the Managing Director, Parks and Recreation and the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to Southwest Multi-Purpose Recreation Centre (RFP 14-61, Project # RC2755):   a)         the proposal submitted by MacLennan Jaunkalns Miller Architects Ltd., 202-19 Duncan Street, Toronto, Ontario, M5H 3H1, to act as Prime Consultant for the project, with a fee in the amount of $2,498,600 (excluding H.S.T.), BE ACCEPTED; it being noted that the proposal submitted by MacLennan Jaunkalns Miller Architects Ltd. was deemed to provide the best technical and financial value to the Corporation and meets the City’s requirements in all areas; if being further noted that acceptance is in compliance with Section 15.2 of the Procurement of Goods and Services Policy;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report, as appended to the staff report dated February 18, 2015;   c)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with the project;   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.  (2015-F18)

Motion Passed

Motion Passed

6.   Recreation Activity

Management System (RFP 14-48)

That, on the recommendation of the Managing Director, Parks and Recreation and the Managing Director, Neighbourhood, Children, and Fire Services, the following actions be taken with respect to the acquisition of a Recreation Activity Management System (RFP 14-48):   a)         the submission from Active Network Limited, 717 N. Harwood Street, #2500, Dallas, Texas, USA., to implement a Recreation Activity Management System for the City of London and their submitted implementation cost of $56,400 and annual service agreement of one percent (1%) of revenue processed for the contract term of three (3) years (excluding H.S.T.), BE ACCEPTED;   b)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with the purchase;   c)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to the subject matter of this approval; and,   d)         the financing for this project BE APPROVED as set out in the Source of Financing Report, as appended to the staff report dated February 18, 2015;   it being noted that the above-noted additional costs will be reflected in the 2016 operating budget.  (2015-F18)

7.   Agreement to

Approve a Management Contract (AAMC) Regarding the Long Term Care and Adult Day Program Management Consulting and Administrator Services Contract for the  Dearness Homes

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to the implementation of an agreement to approve a Management Agreement with respect to the Management Consulting Services and Administrator Services Contract for the Dearness Home:   a)         the proposed by-law, as appended to the staff report dated February 18, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 24, 2015 to:   i)          approve the Agreement, substantially in the form appended to the staff report, dated February 18, 2015, between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care, The Corporation of the City of London and Extendicare (Canada) Inc.; and,   ii)         authorize the Mayor and the City Clerk to execute the agreement;    b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with the above-noted Agreement.  (2015-S02)

8.   Housing

Collaborative Initiative (HCI) Update

That, on the recommendation of the Director of Municipal Housing with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the report dated February 18, 2015, with respect to the development of an Information System for Social Housing Administration, through the Housing Collaborative Initiative, BE RECEIVED for information.(2015-S11)

9.   Changes to

Proposals Under Investment in Affordable Housing (IAH) Program (RFP14-36)

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to the project proposals received under the Investment in Affordable Housing Program (RFP14-36):   a)         the proposal from Cindy and Robert Sedge for a project located at 736 Talbot Street, London, with a municipal allocation of $425,000 and a federal/provincial allocation of $610,000, BE WITHDRAWN;   b)         the total government allocation to Rivas Majano Corporation, now known as 8999872 Canada Ltd., for its project located at 228-230 Dundas Street, London, BE INCREASED by $110,000 per unit for three (3) additional units, bringing the total number of units funded to thirty-three (33);   c)         the municipal allocation for 8999872 Canada Ltd., BE REDUCED by $308,100, for a revised total municipal allocation of $840,900 or $25,482 per unit; and the federal/provincial allocation BE INCREASED by $638,100 for a total revised federal/provincial allocation of $2,288,100 or $69,336 per unit; it being noted that this allocation adjustment fully utilizes the final amount remaining in the Investment in Affordable Housing (IAH) (2014 Extension) Year-1 federal/provincial allocation;   d)         the City of London BE DIRECTED to forward the above-noted project changes to the Province for program funding adjustment under the Investment in Affordable Housing Program (IAH 2014 Extension); and,   e)         in accordance with Municipal Housing Facilities By-law No A.-5814-11, the proposed by-law, appended to the staff report dated February 18, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 24, 2015, to:   i)          authorize an Amendment to the Municipal Contribution Agreement substantially in the form of an Agreement appended (Appendix B) to the by-law and to the satisfaction of the City Solicitor for the proponent noted in part b) and c), above; and,   ii)         the Mayor and the City Clerk BE AUTHORIZED to execute the said Amendment Agreement.  (2015-F18)

10.   Investment in

Affordable Housing (IAH) Program (2014 Extension) Funding Years 2 to 6 and Recommendation for Additional Proposal Under (RFP 14-36)

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director of Housing, Social Services and Dearness Home, the following actions be taken with respect to the Investment in Affordable Housing (IAH) Program (2014 Extension), funding years 2 to 6 (RFP 14-36):   a)         a municipal allocation for Escalade Property Corp. BE APPROVED for $40,000 per unit for twenty-six (26) IAH units, plus funding of $5,000 per unit for four (4) accessible units, for a total municipal allocation of $1,060,000 and a federal/provincial allocation of $70,000 per unit, for a total federal/provincial allocation of $1,820,000, for a project located at 1166 Hamilton Road, London;   b)         the City of London BE DIRECTED to forward the above-noted project proposal to the Province for program funding approval under the Investment in Affordable Housing (2014 Extension) Program Year-2;   c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report, as appended to the staff report dated February 18, 2015; and,    d)         in accordance with Municipal Housing Facilities By-law No A.-5814-11, the proposed by-law, as appended to the staff report dated February 18, 2015, BE INTRODUCED at the Municipal Council meeting to be held on February 24, 2015, to:   i)          authorize a Municipal Contribution Agreement substantially in the form of an agreement appended to the by-law (Appendix C) and to the satisfaction of the City Solicitor for the above-noted proponent; and,   ii)         the Mayor and the City Clerk BE AUTHORIZED to execute the said Agreement.  (2015-F18)

11.   End of Operation

Agreement (EOA) for Social Housing Providers in London and Middlesex County

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director of Housing, Social Services, and Dearness Home, the following actions be taken with respect to the End of Operating Agreements (EOA) for Social Housing Providers in London and Middlesex County:   a)                     a strategic approach to the End of Operating Agreements and decline in federal funding for social housing BE DEVELOPED, outlining the requirements to meet the legislated service level standards to ensure an adequate local supply of affordable housing that is financially viable and in an adequate operating condition; and,   b)         in conjunction with related sector organizations, the Association of Municipalities Ontario (AMO), the Ontario Municipal Social Services Association (OMSSA), the Federation of Canadian Municipalities (FCM), the Ontario Non-Profit Housing Association (ONPHA), the Co-operative Housing Federation (CHF), the Canadian Housing & Renewal Association (CHRA) and the Housing Services Corporation (HSC), the City of London BE ENGAGED with senior levels of government for shared solutions.  (2015-S11)

13.   General Orientation

– Key Committee Matters

That the Age Friendly Network and Child and Youth Network orientation presentations, from L. Livingstone, Managing Director, Neighbourhood and Children and Fire Services, BE RECEIVED.  (2015-S12)

14.   2nd Report of the

Animal Welfare Advisory Committee

That the following actions be taken with respect to the 2nd Report of the Animal Welfare Advisory Committee from its meeting held on February 5, 2015:   a)          the Civic Administration BE ADVISED that the Animal Welfare Advisory Committee (AWAC) endorses the draft protocol for beavers, subject to the inclusion that feeder trees be planted and maintained in areas where flow devices are installed; it being noted that the AWAC received the attached presentation and Humane Urban Wildlife Conflict Policy draft Beaver Protocol, from S. Mathers, Division Manager, Stormwater and J. McKay, Ecologist;   b)          the Civic Administration BE REQUESTED to work with the Animal Welfare Advisory Committee (AWAC) and service providers to continue to develop protocols, in concert with the Humane Wildlife Conflict Policy, to create preventative and pro-active protocols to avoid the necessity of lethal actions; it being noted that the AWAC received a communication dated January 27, 2015, from V. Van Linden, with respect to coyote death and species-specific wildlife protocols;   c)          the Animal Welfare Advisory Committee (AWAC) Chair BE DIRECTED to present the recommendation, on the AWAC’s behalf, at the February 19, 2015 Strategic Priorities and Policies Committee 2015 Budget Public Participation Meeting: “the Community Programs, including Spay/Neuter Program, BE INCREASED an additional $150,000 for a total of $300,000 per year”; it being noted that the AWAC received a communication dated January 19, 2015, from V. Van Linden, with respect to this matter;   d)          the Civic Administration BE REQUESTED to consider the following with respect to the animals at Storybook Gardens:   i)          the discontinuation all live animal displays at Storybook Gardens, with the zoo portion being permanently closed; ii)         ensure that no new animal housing be built at Storybook Gardens; and, iii)         seek permanent sanctuary homes for the remaining animals;   it being noted that the Animal Welfare Advisory Committee received a communication dated February 3, 2015 from V. Van Linden, with respect to this matter; and,   e)         clauses 1 to 2, 4 to 6, 8 and 10 BE RECEIVED.

15.   1st Report of the

Community Safety and Crime Prevention Advisory Committee

That the following actions be taken with respect to the 1st Report of the Community Safety and Crime Prevention Advisory Committee from its meeting held on January 22, 2015:   a)         the following actions be taken with respect to the London Block Parent program:   i)         the Civic Administration BE REQUESTED to consider maintaining the current levels of funding for the London Block Parent and the Neighbourhood Watch programs; it being noted that these programs support the safety and wellbeing of all Londoners; and,   ii)        the communication with respect to the London Block Parent® Program updates BE RECEIVED; it being noted that the CSCP heard a verbal report from M. O’Halloran, Executive Director, London Block Parent® Program with respect to this matter;   b)         the Mayor BE REQUESTED to advocate to auto manufacturers, with respect to concerns related to the lack of proper use of multiple car and/or booster seats, as legislated, due to the inability to accommodate more than one booster and or car seat in newly designed automobiles; it being noted that the Community Safety and Crime Prevention Advisory Committee received the attached presentation from M. Melling, with respect to the Kids Need a Boost – Child Safety Booster Seat Campaign;   c)         the Civic Administration BE REQUESTED to consider amending the Community Safety and Crime Prevention Advisory Committee Terms of Reference to include Emergency Medical Services as a non-voting resource member as they are actively represented at the Children’s Safety Village and would be an asset to this committee; and,   d)         clauses 1 to 6 and 8 and 10 BE RECEIVED.

16.   2nd Report of the

London Housing Advisory Committee

That the following actions be taken with respect to the 2nd Report of the London Housing Advisory Committee from its meeting held on January 14, 2015:   a)          the following actions be taken with respect to licensing and policy considerations related to the operation and management of group homes:   i)          the Civic Administration BE REQUESTED to provide a presentation to the London Housing Advisory Committee with respect to the current Business Licensing By-laws and their enforcement; and,   ii)         the Civic Administration BE REQUESTED to consider licensing and policy inclusions related to the operation and management of group homes in the by-law review currently underway, including the best practices of other municipalities with respect to this matter;   iii)         the Mayor BE REQUESTED to submit a letter to both the Provincial and Federal Governments addressing concerns and encouraging additional support and regulations with respect to the support needs of individuals in the community with mental health issues and financial limitations; and,   it being noted that the London Housing Advisory Committee (LHAC) received a presentation from J. Schlemmer, Neighbourhood Legal Services, with respect to this matter;   b)         clauses 1, 2, 4 and 5 BE RECEIVED.

12.   Food Trucks

That on the recommendation of the Managing Director, Development and Compliance Services and the Chief Building Official, the following actions be taken with respect to the amendments to the Business Licensing By-law L-6:   a)         the report dated February 18, 2015, BE RECEIVED;   b)         the attached revised proposed by-law BE INTRODUCED at the Municipal Council Meeting to be held on February 24, 2015, to provide regulations for a new category of refreshment vehicle license, associated regulations and fee schedule for refreshment vehicles operating on City streets and parks and to provide updated General Provisions for business licensing administration and enforcement;   c)         subject to the above-noted by-law changes, the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee (CPSC) if the application demand for this Category 7 refreshment vehicles licenses exceeds the limit for licenses approved (Section 18.20.1(a)); and,   d)         subject to the above-noted by-law changes, the Civic Administration BE REQUESTED to report back in the fall of 2015 with respect to the number of this Category 7 refreshment vehicles licenses issued during 2015 and on any other associated matters;    it being noted that the Community and Protective Services Committee heard the attached presentation from E. Ling, Development Policy Coordinator and received a communication, dated February 12, 2015, from J. MacDonald, CEO and General Manager and R. Usher, Board Chair, Downtown London, with respect to this matter; (2015-P09)   it being pointed out that at the public participation meeting associated with this matter, the individuals on the attached public participation meeting record made oral submissions in connection therewith;   it being noted that the Council received the following additional communications with respect to this matter:  

Downtown Businesses, email; and, E. Cormier, Patton Cormier & Associates.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor H.L. Usher

pursuant to section 13.6 of the Council Procedure By-law clause 12 of the 3rd Report of the Community and Protective Services Committee BE RECONSIDERED, as there was a misunderstanding of the question that was put.

Motion Passed

Motion Passed

Moved by Councillor J. Morgan

Seconded by Councillor V. Ridley

Approve that on the recommendation of the Managing Director, Development and Compliance Services and the Chief Building Official, the following actions be taken with respect to the amendments to the Business Licensing By-law L-6:   a)         the report dated February 18, 2015, BE RECEIVED;   b)         the attached revised proposed by-law BE INTRODUCED at the Municipal Council Meeting to be held on February 24, 2015, to provide regulations for a new category of refreshment vehicle license, associated regulations and fee schedule for refreshment vehicles operating on City streets and parks and to provide updated General Provisions for business licensing administration and enforcement;   c)         subject to the above-noted by-law changes, the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee (CPSC) if the application demand for this Category 7 refreshment vehicles licenses exceeds the limit for licenses approved (Section 18.20.1(a)); and,   d)         subject to the above-noted by-law changes, the Civic Administration BE REQUESTED to report back in the fall of 2015 with respect to the number of this Category 7 refreshment vehicles licenses issued during 2015 and on any other associated matters;    it being noted that the Community and Protective Services Committee heard the attached presentation from E. Ling, Development Policy Coordinator and received a communication, dated February 12, 2015, from J. MacDonald, CEO and General Manager and R. Usher, Board Chair, Downtown London, with respect to this matter; (2015-P09)   it being pointed out that at the public participation meeting associated with this matter, the individuals on the attached public participation meeting record made oral submissions in connection therewith.   it being noted that the Council received the following additional communications with respect to this matter:  

Downtown Businesses, email; and, E. Cormier, Patton Cormier & Associates.

Motion Passed

Motion Passed

17.   1st Report of the

Town and Gown Committee

That the following actions be taken with respect to the 1st Report of the Town and Gown Committee from its meeting held on January 28, 2015:   a)         clause 2 of the 1st Report of the Town and Gown Committee BE REFERRED back to the Town and Gown Committee for the election of a Vice-Chair, as M. Cassidy, Deputy Mayor, currently fulfills that role as Chair, in accordance with a previous Council decision; and,   b)         clauses 1 and 3 to 16 BE RECEIVED.

Motion Failed

Motion Failed

Moved by Councillor J. Morgan

Seconded by Councillor P. Hubert

Approve that pursuant to section 13.8 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of December 9, 2014 with respect to clause 32 of the 3rd Report of the Strategic Priorities and Policy Committee related to the appointment of Councillor M. Cassidy as Chair of the Town and Gown Committee BE RECONSIDERED to recognize that the term of the appointment for Councillor M. Cassidy should be concurrent with the term of her appointment as Deputy Mayor.

Motion Passed

Motion Passed

Moved by Councillor J. Morgan

Seconded by Councillor P. Hubert

Approve that the following actions with respect to the 1st Report of the Town and Gown Committee:   a)            clause 32 of the 3rd Report of the Strategic Priorities and Policy Committee which provides for the appointment of Councillor M. Cassidy as Chair of the Town and Gown Committee for the term December 1, 2014 to November 30, 2018 BE RESCINDED;   b)         Councillor M. Cassidy BE APPOINTED as a Member of the Town and Gown Committee, concurrent with her term as Deputy Mayor; and,   c)         clauses 1 to 16 BE RECEIVED.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert Approve clauses 1

4, inclusive.

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 M. van Holst

Seconded by Councillor H.L. Usher

Approve Introduction and First Reading of Bill No.s 82 to 90, including Added Bill No.s 91 and 92.

Motion Passed

Motion Passed

Moved by Councillor J. Helmer

Seconded by Councillor S. Turner

Approve Second Reading of Bill No.s 82 to 90, including Added Bill No.s 91 and 92.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve Third Reading and Enactment of Bill No.s 82 to 90, including Added Bill No.s 91 and 92.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT