May 2, 2017, at 4:00 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:00 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor S. Turner discloses a pecuniary interest in clause 4 of the 8th Report of the Planning & Environment Committee, having to do with a review of impacts from industrial sources (odour), as well as clauses 8 and 10 of the 5th Report of the Community and Protective Services Committee, having to do with the tobacco industry anti-contraband tobacco campaign and open air burning, respectively, by indicating that his employer, the Middlesex London Health Unit, has a regulatory capacity in each of these matters.

II.   RECOGNITIONS

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

Moved by Councillor H.L. Usher

Seconded by Councillor J. Morgan

Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

Motion Passed

Motion Passed

The Council rises and goes into the Council, in Closed Session, at 4:05 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Salih, S. Turner and J. Zaifman.   The Council, in Closed Session, rises at 4:45 PM and Council reconvenes at 4:47 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Salih, M. Cassidy and J. Zaifman.

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWELFTH , THIRTEENTH and fourteenth MEETINGS HELD ON APRIL 18, APRIL 21 and May 1 2017 RESPECTIVELY

Moved by Councillor B. Armstrong

Seconded by Councillor T. Park

Approve the Minutes of the Twelfth, Thirteenth and Fourteenth meetings held on April 18 and 21, and May 1, 2017, respectively.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor T. Park

Seconded by Councillor J. Helmer

Approve receipt and referral of the following communication, as noted on the Agenda:

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor T. Park

Approve clauses 1 to 3, 5 to 12 and clause 14.

2.   Patio Design

Guidelines for On-Street Municipal Parking Spaces

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated April 24, 2017, with respect to patio design guidelines for on-street municipal parking spaces, BE RECEIVED for information; it being noted that the Patio Design Guidelines will be included in the Urban Design Guidelines. (2017-P15)

3.   Rail Safety Week

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated April 24, 2017, with respect to National Public Rail Safety Week, BE RECEIVED for information.  (2017-P15)

5.   Contract Award:

Tender No. 17-40 - 2017 Infrastructure Renewal Program -  Beachwood Avenue Reconstruction Project

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of a contract for Tender No. 17-40, 2017 Infrastructure Renewal Program - Beachwood Avenue Reconstruction Project:   a)         the bid submitted by Blue Con Construction (Blue-Con) at its corrected tendered price of $4,270,291.20, excluding H.S.T., for the 2017 Infrastructure Renewal Program, Beachwood Avenue Reconstruction Project, BE ACCEPTED; it being noted that the bid submitted by Blue Con Construction, was the lowest of four bids received and meets the City’s specifications and requirements in all areas;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated April 24, 2017 as Appendix ‘A’;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 17-40); 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.  (2017-T04)

6.   Contract Award:

Tender No. 17-32 -  Replacement of Sidewalks, Curb and Gutter and Hot Mix Asphalt -  Contract #1

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of a contract for Tender No. 17-32, Replacement of Sidewalks, Curb and Gutter and Hot Mix Asphalt Contract #1:   a)         the bid submitted by Dufferin Construction Company, A division of CRH Canada Group Inc., at its submitted tendered price of $4,092,745.60, excluding H.S.T., for the said project BE ACCEPTED; it being noted that the bid submitted by Dufferin Construction Company, A division of CRH Canada Group Inc., was the lowest of two bids received and meets the City’s specifications and requirements in all areas;   b)         the financing for this project BE APPROVED as set out in the Source of Finance Report appended to the staff report dated April 24, 2017 as Appendix ‘A’;   c)         the Civic Administration BE AUTHORIZED to undertake all of the administrative acts that are necessary in connection with this project;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender No. 17-32); 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.  (2017-T06)

7.   Contract Award:

Tender No. 17-57 - 2017 Bradley Avenue West Extension

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of a contract for the Bradley Avenue West extension from Wonderland Road South to Wharncliffe Road South, including Wharncliffe Road South intersection improvements:   a)         the bid submitted by L82 Construction Ltd. at its submitted tendered price of $6,917,000.00, excluding H.S.T., for the said project BE ACCEPTED; it being noted that the bid submitted by L82 Construction Ltd. was the lowest of five bids received and meets the City’s specifications and requirements in all areas;   b)         Archibald, Gray & McKay Engineering Ltd., BE AUTHORIZED to carry out the resident inspection, contract administration of the said project in the amount of $592,830.00, excluding H.S.T., in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;   c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated April 24, 2017 as Appendix ‘A’;   d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   e)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract for the material to be supplied and the work to be done relating to this project (Tender 17-57); and,   f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2017-T04)

8.   Contract Award:

Tender No. 17-46 - Western Road / Wharncliffe Road North Improvements - Phase 1 - Canadian Pacific Railway Grade Separation Reconstruction

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Western Road/Wharncliffe Road North Improvements, Phase 1, Canadian Pacific Railway Grade Separation Reconstruction:   a)         the bid submitted by McLean Taylor Construction Limited at its submitted tendered price of $13,036,060.47, excluding H.S.T., for the said project BE ACCEPTED; it being noted that the bid submitted by McLean Taylor Construction Limited was the lowest of four bids received and meets the City’s specifications and requirements in all areas;   b)         AECOM Canada Ltd., BE AUTHORIZED to carry out the resident inspection and contract administration of the said project in the amount of $845,332.10, excluding H.S.T., in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;   c)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated April 24, 2017 as Appendix ‘A’;   d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   e)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract for the material to be supplied and the work to be done relating to this project (Tender 17-46); and,   f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents including rail-related agreements, if required, to give effect to these recommendations.  (2017-T04)

9.   Partnering in

Phosphorus Control: Achieving Phosphorous Reductions in Lake Erie From Canadian Sources (EBR Registry Number: 012-9971)

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Environmental Bill of Rights (EBR) posting regarding phosphorus reduction in Lake Erie from Canadian sources:   a)         the staff report dated April 24, 2017, with respect to Partnering in Phosphorous Control: Achieving Phosphorous Reductions in Lake Erie from Canadian Sources, BE RECEIVED for information; and,   b)         the comments on EBR Registry Number 012-9971, appended to the staff report dated April 24, 2017 as Appendix ‘B’, BE ENDORSED.  (2017-E05)

10.   Environmental

Programs Annual Update

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the environmental programs annual update:   a)         the staff report dated April 24, 2017 BE RECEIVED for information; and,   b)         the staff report dated April 24, 2017 BE FORWARDED to the Advisory Committee on the Environment (ACE) for information.  (2017-C08)

11.   London Transit

Commission - Buses Off Dundas Street - Update

That the communication dated April 13, 2017, from K. Paleczny, General Manager, London Transit Commission, with respect to an update on the removal of buses from Dundas Street, BE RECEIVED.

12.   4th Report of the

Transportation Advisory Committee

14.   City Council and

Standing Committee Pre-Recorded Video Content - City Website and YouTube Channel

That Civic Administration BE DIRECTED to closed caption Council meeting pre-recorded videos on the City of London YouTube channel on a go-forward basis, subject to the one-time 2017 funding available to do so; it being noted that archived 2017 Council video content will also be closed captioned subject to budget availability; it being further noted that additional information will be provided to Committee/Council, following this pilot.

4.   Confidentiality

Agreement with the Association of the Municipalities of Ontario (AMO) to the Undertake Work Associated with the Resource Recovery and Circular Economy Act 2016. (Relates to Bill No. 182)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, with the support of the Director, Environment, Fleet and Solid Waste, the proposed by-law appended to the staff report dated April 24, 2017 as Appendix ‘A’ BE INTRODUCED at the Municipal Council meeting to be held on May 2, 2017 to:   a)         authorize and approve a Confidentiality Agreement with the Association of Municipalities of Ontario (AMO) that is designed to protect, as much as possible, the release of information shared in the Waste Technical Working Group meetings from disclosure under a freedom of information request made to a municipality under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), attached as Schedule ‘A’ to the by-law; and,   b)         authorize the Mayor and the City Clerk to execute the Confidentiality Agreement authorized and approved in a), above.  (2017-E07/A01)

13.   Deferred Matters

List

Moved by Councillor P. Hubert

Approve clause 1.

15.   Deferred Matters

List

That the April 2017 Deferred Matters List for the Community and Protective Services Committee BE UPDATED and BE RECEIVED.

16.   Withdrawal Renaming

Proposal - Mildred Barons Park to Vimy Ridge Park

That the following actions be taken with respect to the submission by Councillor B. Armstrong related to the establishment of a permanent Vimy Ridge memorial:   a)         clause 18 of the 3rd Report of the Community and Protective Services Committee which referred to a request by Councillor Armstrong to rename Mildred Barons Park, located at 444 Kathleen Avenue, to “Vimy Ridge Park” to Civic Administration, BE RECONSIDERED by the committee at the submitter’s request;   b)         the request to withdraw the above-noted park renaming submission, from Councillor B. Armstrong, BE ACCEPTED; and,   c)         the submission from 427 (London) Wing, dated April 13, 2017, as appended to the Added Agenda, BE REFERRED to staff for consideration related to the establishment of a permanent memorial.

IX.   ADDED

REPORTS

Moved by Councillor P. Hubert

Approve that the Council in Closed Session met, in camera, for the purpose of considering the following:   a)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the BMO Centre. (C1/5/CPSC)   b)         A matter pertaining to litigation or potential litigation with respect to inter-municipal agreements between the City of London and the County of Middlesex, and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, pertaining to inter-municipal agreements between the City of London and the County of Middlesex. (C1/4/AC)

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 B. Armstrong

Approve Introduction and First Reading of Bill No.’s 181 to 202, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor A. Hopkins

Approve Second Reading of Bill No.’s 181 to 202, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor A. Hopkins

Approve Third Reading and Enactment of Bill No.’s 181 to 202, inclusive.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT