March 10, 2015, 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 P. Hubert discloses a pecuniary interest in clause 9 of the 14th Report of the Strategic Priorities and Policy Committee, having to do with a request by Councillor M. Salih to invite a representative of the African Canadian Federation of London and Area (ACFOLA) to appear as a delegation before the Community and Protective Services Committee, by indicating that he is the Executive Director of a social services agency that has a working relationship with ACFLOA.

Councillor J. Helmer discloses a pecuniary interest in clause 4 of the 4th Report of the Civic Works Committee, having to do with the Canada Post Community Mailbox Program, by indicating that his wife is employed by Canada Post.

Councillor T. Park discloses a pecuniary interest in clause 11 of the 6th Report of the Planning and Environment Committee, having to do with heritage buildings retention related to the Old Victoria Hospital lands, by indicating she owns a neighbouring property.  Councillor T. Park further discloses a pecuniary interest in clause 2 of the 7th Report of the Planning and Environment Committee, having to do with the Old Victoria Hospital lands, by indicating that she owns a neighbouring property.  Councillor T. Park further discloses a pecuniary interest in clauses C-1 and C-2 of the 13th Report of the Strategic Priorities and Policy Committee, having to do with a  matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the decommissioning of City owed lands known as the South Street Campus currently leased and occupied by London Health Sciences Centre;  instructions and directions to officers and employees of the Corporation pertaining to a proposed or pending acquisition 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 or pending acquisition or disposition of land; commercial and financial information supplied in confidence pertaining to the proposed or pending acquisition 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 or pending acquisition or disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed or pending acquisition or disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed or pending acquisition 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 or pending acquisition or disposition; and for the purpose of a vote for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under a contract with the municipality and a matter pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board, as she owns a neighbouring property.  Councillor T. Park further discloses a pecuniary interest in clause C-2 of the 14th Report of the Strategic Priorities and Policy Committee, having to do with a  matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the decommissioning of City owed lands known as the South Street Campus currently leased and occupied by London Health Sciences Centre;  instructions and directions to officers and employees of the Corporation pertaining to a proposed or pending acquisition 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 or pending acquisition or disposition of land; commercial and financial information supplied in confidence pertaining to the proposed or pending acquisition 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 or pending acquisition or disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed or pending acquisition or disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed or pending acquisition 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 or pending acquisition or disposition; and for the purpose of a vote for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under a contract with the municipality and a matter pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board as she owns a neighbouring property.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

1.   Disclosures of

Pecuniary Interest

2.   Industrial Land

Development Strategy - Annual Monitoring and Pricing Report - City of London

IV.   RECOGNITIONS

3.   Allocation of 2015

Assessment Growth Funding

4.   Performing Arts

Centre

V.   COMMITTEE OF THE WHOLE, IN

CAMERA (continued)

MOTION FOR IN CAMERA SESSION

Moved by Councillor J. Helmer

Seconded by Councillor J. Zaifman

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

Moved by Councillor H.L. Usher

Seconded by Councillor B. Armstrong

Approve clause 1.     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 of Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with the concurrence of the Managing Director, Environmental & Engineering Services and City Engineer and the Director, Environment, Fleet and Solid Waste,  the following actions be taken with respect to the lease proposal submitted by G.I. Farms Inc. (the Tenant) of Kingsville to lease 70 acres of City owned land located at 3243 Manning Drive, for the purpose of constructing a greenhouse operation:   a)            the lease proposal BE ACCEPTED, in the form of a Letter of Intent (attached as Appendix “C”), subject to the following covenants:   i)             the Lands shall contain an area of approximately 70 acres and G.I. Farms accepts the lands on an “as is” basis;   ii)             the term shall be 20 (twenty) years from the commencement date, with an option to renew the lease for an additional period of 20 (twenty) years;   iii)           the Tenant is to erect the greenhouse improvements and prior to commencing construction shall deposit with the City a cash deposit in the amount of $50,000.00. The deposit to be returned to the Tenant at the end of the construction period, or to be retained by the City as compensation for disturbance to the land;   iv)           the commencement date shall be March 1, 2016, or the day following the Construction Period;   v)            Base Rent – Years 1 to 5 - $38,500.00 per annum; Years 6 to 10 - $40,500.00 per annum; Years 11 to 20 – to be negotiated;   vi)           the Tenant is to construct Initial Improvements. It is the intention of the parties hereto that the Tenant is to erect the initial improvements on the Lands at a total cost of approximately $40 million dollars;   vii)          within 90 (ninety) days of the acceptance of this Letter of Intent, the Landlord shall prepare the lease (the “Lease”) to be entered into between the Landlord and the Tenant, based on the standard form of net ground lease for the project and with the specific terms of this Letter of Intent incorporated therein. The parties shall negotiate the Lease in good faith. Should the Lease not be entered into within 120 (one hundred twenty) days of the acceptance of this Letter of Intent, then this Letter of Intent shall have no further force or effect, save and except for Section 15 (Confidentiality);   viii)         this Letter of Intent is contingent on the Tenant obtaining leasehold financing to fund the construction of the Initial Improvements by May 1, 2015 or earlier. As the proposed project costs are in the order of $40 million, the Tenant shall demonstrate the financial strength and ability to deliver the project by providing sufficient financial information to demonstrate the Tenant has the financial resources and strength to fully perform and complete all obligations, duties and responsibilities in connection to this project; and   ix)           the entering into of negotiations and the execution of a Lease are subject to the completion of the Zoning By-law amendment for variances of regulations to lot area, building coverage, front yard setback, etc., failing which this Letter of Intent shall terminate; and b)            in the event the above-noted covenants are not met within the specified timelines, the Civic Administration BE DIRECTED to initiate the development of a business plan for future use of the subject lands and a request for proposals process for the future use of those lands; it being noted that:  

City staff have continued information exchanges with the principle of G.I. Farms Inc. throughout the past several months seeking additional information in support of the proposed project, however information provided by the proponent continues to be limited and requests for additional information have not resulted in the required information to advance this file.

 

The proposed leased lands are currently under a farm lease contract with the former owner of the property until­­­­­­­­­­­­­­­­­­ December 31, 2018. In order for a long term land lease with G.I. Farms, the farm lease agreement will need to be terminated.

 

Upon acceptance of the Letter of Intent, the Director, Environment, Fleet and Solid Waste will make application for a Zoning By-law amendment for variances of regulations to lot area, building coverage, front yard setback, etc., failing which this Letter of Intent shall terminate.

 

The Director, Environment, Fleet and Solid Waste is developing the proposed requirements of a landfill gas (energy procurement) agreement using a proposed technology by G.I. Farms Inc. to capture, compress and transport landfill gas by trailer to the greenhouse subject to all required permits and approvals of the Provincial Government and any technical agencies (e.g. Technical Standards & Safety Authority – TSSA).

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SEVENTH AND EIGHTH MEETINGS HELD ON FEBRUARY 24, 2015 AND FEBRUARY 26, 2015, RESPECTIVELY

Moved by Councillor J. Helmer

Seconded by Councillor H.L. Usher

Approve the Minutes of the Seventh and Eighth Meetings held on February 24 and 26, 2015, respectively.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

Approve the Receipt and Referral of the following communications as noted on the Added Agenda.

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor H.L. Usher

Approve clauses 1 to 11, excluding clause 4.

5.   The London Plan -

Overview and Status Update

6.   Industrial Land

Development Strategy Update

7.   Consideration of

Appointment to the Middlesex-London Health Unit Board of Health

8.   Music and

Entertainment District for London, Ontario

9.   Delegation by the

African Canadian Federation of London and Area

Motion Passed

Motion Passed

10.   Confirmation of

Appointment to the Cycling Advisory Committee

That George Sinclair BE CONFIRMED as a Voting Member on the Cycling Advisory Committee, representing the Urban League of London, for the term ending February 28, 2019.

11.   Confirmation of

Appointment to the London Diversity and Race Relations Advisory Committee

That the following individuals BE CONFIRMED as Non-voting Members of the London Diversity and Race Relations Advisory Committee for the term ending February 28, 2019:             Michelle Lynne Goodfellow – representing Income Support Organizations/Services Fae Andrighetti – representing Faith-Based Community Groups

13.   Council Policy

28(2) - Council Members’ Expense Account

That the City Clerk BE DIRECTED to consider, as part of the previously-requested report back on possible changes to the Council Members’ Expense Policy, the matters included in the February 27, 2015 communication from Councillor J. Morgan regarding tighter deadlines for expense claims, a monthly transportation allowance within the existing expense allocation, and restrictions on use of the annual expense allocation from Nomination day to the end of a Council term.

Moved by Councillor A. Hopkins

Seconded by Councillor J. Zaifman

Approve that clause 13 be amended by deleting the word “DIRECTED” and by replacing it with the word “REQUESTED”

Motion Passed

Motion Passed

Moved by Councillor A. Hopkins

Seconded by Councillor J. Morgan

Approve clause 13, as amended.

Motion Passed

Motion Passed

Motion made by Councillor P. Hubert Approve clause 1.

12.   2015 Debenture

Issue Update - Delegation - Karen Yeung, Director, Government Finance-Debt Capital Markets, CIBC World Markets Inc.

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 2015 debenture issue:   a)         the issue of instalment debentures for a total of $40,500,000 BE APPROVED, noting the average all-in-rate is 1.869% over a 10-year term; and   b)         the proposed by-law appended to the staff report dated March 3, 2015 BE INTRODUCED at the Municipal Council meeting of March 10, 2015, for three readings to authorize the borrowing upon instalment debentures in the aggregate principal amount of $40,500,000 towards the cost of certain capital works of the Corporation of the City of London;     it being noted that the Corporate Services Committee heard a verbal delegation from Karen Yeung, Director, Government Finance-Debt Capital Markets, CIBC World Markets Inc., regarding the debenture issuance and general market conditions and forecasts.

14.   Potential Youth

Award

That the City Clerk BE DIRECTED to liaise with the London Youth Advisory Council, and other appropriate stakeholders, to explore the establishment of an award that recognizes the contributions of the local youth population to the community.

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. Helmer

Seconded by Councillor S. Turner

Approve Introduction and First Reading of Bill No.s 95 to 114, inclusive, and Added Bill No.s 116, 117 and 118.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor S. Turner

Approve Second Reading of Bill No.s  95 to 114, inclusive, and Added Bill No.s 116, 117 and 118.

Motion Passed

Motion Passed

Moved by Councillor J. Zaifman

Seconded by Councillor S. Turner

Approve Third Reading and Enactment of Bill No.s  95 to 114, inclusive, and Added Bill No.s 116, 117 and 118.

Motion Passed

Motion Passed

Moved by Councillor V. Ridley

Seconded by Councillor J. Helmer

Approve Introduction and First Reading of Bill No. 115.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor B. Armstrong

Approve Second Reading of Bill No. 115.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT