March 22, 2016, at 4:02 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:02 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED REPORTS

1.   Disclosures

of Pecuniary Interest

That it BE NOTED that Councillor J. Morgan disclosed a pecuniary interest in clause 3 of this Report, particularly as it relates to Council Policy 8(14) – Grants to U.W.O. and Fanshawe College, by indicating that he is employed by the University of Western Ontario.

IV.   RECOGNITIONS

2.   Music,

Entertainment and Cultural District Background Study Music, Entertainment and Cultural District Background Study Status Report

That the staff BE DIRECTED to continue on with the public engagement process and completion of the Music, Entertainment and Cultural District Background Study which may result in recommended amendments to various City by-laws and processes for the 2017 event season.

V.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor M. van Holst

Seconded by Councillor H.L. Usher

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

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SIXTH AND SEVENTH MEETINGS HELD ON MARCH 1, 2016 AND MARCH 10, 2016, RESPECTIVELY

Moved by Councillor J. Morgan

Seconded by Councillor V. Ridley

Approve the Minutes of the Sixth and Seventh Meetings held on March 1 and March 10, 2016, respectively.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor J. Zaifman

Seconded by Councillor M. van Holst

Approve that the following communications BE RECEIVED AND BE REFERRED as noted on the Agenda:

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor J. Helmer

Approve clauses 1 to 16, excluding clause 12.

3.   Repeal

Financial Services Policies

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law attached as Appendix “A” to the staff report dated March 21, 2016 BE INTRODUCED at the Municipal Council meeting of March 22, 2016 to repeal the following Council Policies as they are no longer required because they are outdated and no longer necessary to form part of the financial framework:               -           8(3) Appropriation Transfer Policy; -           8(7) Capital Budget Guidelines; -           8(14) Grants to UWO and Fanshawe College; -               8(15) London Medical, Health Services and Advanced Technology Reserve Fund, including Appendix 8(15A); -           8(19) Current and Capital Budget Binders; and -           8(26) Acceleration of Capital Works Projects.

Motion Passed

Motion Passed

4.   Creating

a Vibrant and Competitive Downtown

That it BE NOTED that the Strategic Priorities and Policy Committee heard the attached presentation from J. MacDonald, CEO and General Manager, Downtown London, outlining Downtown London’s request for $540,000 to support their recruitment initiative, Creating a Vibrant and Competitive Downtown.

Moved by Councillor J. Helmer

Seconded by Councillor T. Park

Approve that clause 4 be amended to include provision for the following:   a)         immediate funding in the amount of $100,000, to be paid from the Economic Development Reserve Fund, BE APPROVED in order for Downtown London to engage Live Work Learn Play (LWLP) to commence their “Creating a Vibrant and Competitive Downtown” recruitment initiative, contingent on Downtown London contributing $100,000; and,   b)         Downtown London BE REQUESTED to report back to the Strategic Priorities and Policy Committee by no later than December 2016, with respect to the progress made as a result of the  investment approved in a), above and including the provision of a revised business plan.

Motion Failed

Motion Failed

Motion Passed

Motion Passed

Moved by Councillor M. Salih

Seconded by Councillor B. Armstrong

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

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor J. Zaifman

Approve:   1.                     That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental & Engineering Services & City Engineer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the property at 5861 White Oak Road:   a)         the offer submitted by Phillip Ignatius Johnston to sell to the City the property municipally known as 5861 White Oak Road, located on the north west corner of White Oak Road and Manning Drive, further described as Part Lot 21 Concession 6 as in 231806, in the City of London, containing an area of approximately 50 acres, for the purpose of buffering the City’s W12A landfill site, for the sum of $750,000.00 BE ACCEPTED subject to the following conditions:   i)          the City agreeing to pay the Vendor’s reasonable legal fees, including fees, disbursements and applicable taxes, to complete this transaction, subject to assessment; ii)         the Vendor having the option of retaining a Life Estate over a portion of the lands; iii)         the Vendor, if they exercise their option to retain a Life Estate, holding insurance policies for all land and buildings that are subject to the Life Estate;  iv)        the Vendor, during the term of the Life Estate, being responsible for all maintenance, repairs, and utilities pertaining to the buildings and land that are subject to the Life Estate; and             b)         the financing for this acquisition BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.

Motion Passed

Motion Passed

5.   10th

Report of the Governance Working Group

That the following actions be taken with respect to the 10th Report of the Governance Working Group from its meeting held on February 29, 2016:   a)        the draft Council Procedure By-law appended to the January 11, 2016, Governance Working Group Agenda, subject to the inclusion of a definition of the term “Point of Privilege” and a definition of the term “generally accepted parliamentary procedure” BE FORWARDED to a Public Participation Meeting before the Corporate Services Committee for consideration;   b)        the Civic Administration BE DIRECTED to investigate and report back to the April 18, 2016 meeting of the Governance Working Group on potential options that would provide Members of Council with a forum to have more fulsome discussions on matters that are innovative and technology based, which may assist with future policy-making decisions; and   c)         clauses 1, 2 and 4 BE RECEIVED.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Approve clause 3.

6.   Argyle Business

Improvement Area 2016 Proposed Budget - Municipal Special Levy (Relates to Bill No. 108)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:   a)         the Argyle Business Improvement Area proposed 2016 budget submission in the amount of $170,168 BE APPROVED as outlined in Schedule A attached to the staff report dated March 8, 2016;   b)         the amount to be raised by the Corporation for the 2016 fiscal year for the purposes of the Argyle Business Improvement Area and pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at $124,496;   c)         a special charge BE ESTABLISHED for the amount referred to in part b), above, by a levy in accordance with By-law No. A.-6873-292 as amended; it being noted that the special charge shall have priority lien status and shall be added to the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001; and   d)         the by-law attached as Schedule “B” to the staff report dated March 8, 2016 BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2016 with respect to the municipal special levy for the Argyle Business Improvement Area.

7.   Old East Village

Business Improvement Area 2016 Proposed Budget - Municipal Special Levy (Relates to Bill No. 109)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:   a)         the Old East Village Business Improvement Area proposed 2016 budget submission in the amount of $212,557 BE APPROVED as outlined in Schedule A of the staff report dated March 8, 2016;   b)         the amount to be raised by the Corporation for the 2016 fiscal year for the purposes of the Old East Village Business Improvement Area and pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at $15,781;   c)         a special charge BE ESTABLISHED for the amount referred to in part b), above, by a levy in accordance with By-law No. CP-1 as amended; it being noted that the special charge shall have priority lien status and shall be added to the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001; and   d)         the by-law attached as Schedule “B” to the staff report dated March 8, 2016 BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2016 with respect to the municipal special levy for the Old East Village Business Improvement Area.

8.   Employee

Absenteeism 2015 Update

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, the staff report dated March 8, 2016 regarding an update on employee absenteeism in 2015 BE RECEIVED for information purposes.

9.   Report on Corporate

Human Rights and Code of Conduct Inquiries, Requests, Complaints and Training Initiatives as of December 31, 2015

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, the staff report dated March 8, 2016 regarding Corporate Human Rights and Code of Conduct inquiries, requests, complaints and training initiatives BE RECEIVED for information purposes.

10.   Tax Adjustment

Agenda

That the recommendations contained in the Tax Adjustment Agenda dated March 8, 2016 BE APPROVED; it being noted that Ms. B. Pierotti was present at the public hearing associated with this matter in order to seek clarification as to what next steps, if any, were required by her in order to have the adjustment being sought under Application No. 2015-52 approved.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Approve clauses 1, 2 and 5.

11.   Child Minding for

the Public at Public Participation Meetings of Municipal Council Standing Committees

That, on the recommendation of the City Clerk and the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to the provision of child minding services for the public at public participation meetings related to a Standing Committee Meeting:   a)         the staff report entitled “Child Minding for the Public at Public Participation Meetings of Municipal Council Standing Committees”, dated March 8, 2016, BE RECEIVED;   b)         the Civic Administration BE AUTHORIZED to undertake a Request for Proposal process to seek proposals from Third Party Service Providers for the provision of child minding services for the public at public participation meetings of Municipal Council Standing Committees with the proposals providing the costs and associated protocols for a 12-month “pilot project”, commencing upon the selection of a preferred Proponent;   c)         the Civic Administration BE REQUESTED to canvass the Advisory Committees to determine the need for child minding services for Advisory Committees; and   d)         upon the completion of b) above, the Civic Administration BE DIRECTED to report back at a future meeting of the Corporate Services Committee with detailed costs, operating protocols and a recommended Purchase of Service Agreement, as well as information pertaining to c), above;   it being noted that the provision of this service is directly linked to the Leading in Public Service strategy included in the City’s Strategic Plan to be an open, accountable and responsive government; and it being further noted that funding to support this initiative is not currently budgeted in the City’s proposed 2016–2019 Multi-year Operating Budget.

13.   Request for

Designation of the Forest City Beer Fest as a Municipally Significant Event

That the Forest City Beer Fest to be held Saturday, August 13, 2016, at the Covent Garden Market, BE DESIGNATED as an event of municipal significance in the City of London.

14.   Forked River

Brewing Corporation Liquor Sales Licence Application

That the application of the Forked River Brewing Corporation for a Manufacturer’s Limited Liquor Sales License, from the Alcohol and Gaming Commission of Ontario, for the purpose of serving beer for consumption by patrons at its manufacturing site, BE SUPPORTED.

15.   Consideration of

Appointment to the Accessibility Advisory Committee

That the following individuals BE APPOINTED to the Accessibility Advisory Committee for the term ending February 28, 2019:   Voting:   Jacqueline Madden (Member-at-Large) Jay Menard (Member-at-Large)   Non-Voting Post-Secondary Student:   Kathleen Walsh   it being noted that J. Madden and J. Menard were appointed in accordance with the attached ranked ballot.

16.   Consideration of

Appointment to the London Advisory Committee on Heritage

That Benjamin A. Vazquez BE APPOINTED to the London Advisory Committee on Heritage as a Voting Member for the term ending February 28, 2019, in accordance with the attached ranked ballot.

12.   Request for

Designation of the 1st Annual Colombia Gastronomy Festival as a Municipally Significant Event

That the Colombia Gastronomy Festival to be held Saturday, July 23, 2016, at the Covent Garden Market, BE DESIGNATED as an event of municipal significance in the City of London.

17.   Confirmation of

Appointment to the Community Safety and Crime Prevention Advisory Committee

That, Rhonda Brittan BE APPOINTED to Community Safety and Crime Prevention Advisory Committee as a Non-Voting Representative from the Middlesex-London Health Unit for the term ending February 28, 2019.

18.   Ontario Ombudsman -

Municipal Council Meeting June 10, 2015

That the following actions be taken with respect to the Ontario Ombudsman’s investigation of the June 10, 2015 meeting of Municipal Council:   a)         the report of the Ontario Ombudsman, dated February, 2016, BE RECEIVED;   b)         the Civic Administration BE DIRECTED to review the recommendations outlined in the report noted in a), above, and report back with the necessary policies and procedures to address the concerns raised by the Ontario Ombudsman;   c)         the Ontario Ombudsman BE REQUESTED to put in place a process that publicly discloses that an investigation is being undertaken;   d)         the Ontario Ombudsman BE REQUESTED to confirm, in writing, that the municipality may publicly disclose that an investigation has been commenced and the general nature of the investigation; and   e)         upon receipt of the written confirmation requested in d), above, the Civic Administration BE DIRECTED to prepare a policy outlining the process that will be followed when the City of London has been advised by the Ontario Ombudsman that an investigation has been commenced and the process that will be undertaken by the City of London with respect to public disclosure of the Ontario Ombudsman’s Final Report related to the closed meeting investigation.

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 M. van Holst

Seconded by Councillor J. Helmer

Approve Introduction and First Reading of Bill No.s 105 to 121 and Added Bill No. 123.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Morgan

Approve Second Reading of Bill No.s 105 to 121 and Added Bill No.123.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Morgan

Approve Third Reading and Enactment of Bill No.s 105 to 121 and Added Bill No. 123.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve Introduction and First Reading of Bill No. 122.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No. 122.

Motion Passed

Motion Passed

Moved by Councillor J. Zaifman

Seconded by Councillor T. Park

Approve Third Reading and Enactment of Bill No. 122.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT