February 13, 2018

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:03 p.m.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor J. Zaifman discloses a pecuniary interest in clause 7 of the 3rd Report of the Civic Works Committee, having to do with the consultant assignment for the Southeast Pressure Zone Development construction administration, by indicating that lands owned by his family are impacted by the project.

II.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Election of

Vice-Chair for the term ending November 30, 2018

That M. van Holst BE ELECTED Vice Chair of the Audit Committee for the term ending November 30, 2018.

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

Moved by Councillor M. Salih

Seconded by Councillor H.L. Usher

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

Motion Passed

Motion Passed

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE THIRD MEETING HELD ON JANUARY 30, 2018

Moved by Councillor J. Morgan

Seconded by Councillor B. Armstrong

Approve the Minutes of the Third Meeting, held on January 30, 2018.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor T. Park

Approve clauses 1 through 22, excluding clause 7.

3.   Audit Planning Report

for the Year Ended December 31, 2017

That the KPMG LLP Audit Planning Report, for the year ending December 31, 2017, BE APPROVED; it being noted that the Audit Committee received a verbal presentation from K. den Bok, with respect to this matter.

4.   London Downtown

Closed Circuit Television Program – Report on the Results of Applied Specified Auditing Procedures for the Year Ending December 31, 2017

That the KPMG Report on Specified Auditing Procedures for the London Downtown Closed Circuit Television Program, for the year ending December 31, 2017, BE RECEIVED.

5.   Building Permit

Review - Internal Audit Report

That the following actions be taken with respect to the Building Permit Review Internal Audit Report:   a)         the above-noted audit report issued in January 2018, BE RECEIVED and the recommendations BE IMPLEMENTED, as appropriate;   b)         the submissions of Councillor M. van Holst BE REFERRED to the Managing Director, Development and Compliance Services and Chief Building Official in order to meet with London Hydro to investigate the feasibility of the implementation of a system similar to London Hydro’s “Builders’ Portal” to automate portions of the building permit approval process;   c)         the Civic Administration BE DIRECTED to bring forward an addendum report in June of this year with respect to this audit, including specific details of an action plan for implementation of the above-noted recommendations; and,   d)         the Civic Administration BE REQUESTED to collaborate with other service areas, specifically the Service London Team, related to the creation and implementation of a customer service survey in order to better understand the service perception in the public and opportunities for improvement;   it being noted that the attached documents related to the London Hydro service portal were circulated to committee members by Councillor M. van Holst.

6.   Freedom of

Information Process Review - Final Internal Audit Report

That the Internal Audit Report with respect to the Freedom of Information Process Review, Internal Audit Report, issued January 2018, BE RECEIVED and the recommendations BE IMPLEMENTED as appropriate, and in accordance with applicable legislation.

8.   June 2017 -

December 2018 Internal Audit Dashboard as at January 29, 2018

That the communication from Deloitte, regarding the June 2017 - December 2018 internal audit dashboard as of January 29, 2018, BE RECEIVED.

9.   Observation Summary

as at January 29, 2018

That the Observation Summary from Deloitte, as of January 29, 2018, BE RECEIVED.

Moved by Councillor V. Ridley

Approve clauses 1 to 5, inclusive.

Motion Passed

Motion Passed

Moved by Councillor V. Ridley

Seconded by Councillor H.L. Usher

Approve clauses 1 and 2:   1.            330 Thames Street – Sale of South Portion   That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to 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, the following actions be taken with respect to the south portion of vacant land located at 330 Thames Street, described as Part of Lot 25, north of York Street west, City of London, County of Middlesex, being part of PIN 08322-0020 (the “Property”) as shown on Schedule “A:   a)         the offer submitted by Tricar Properties Limited (the “Purchaser”) to purchase from the City land, municipally known as 330 Thames Street, located on the east side of Thames Street, north side of York Street, City of London, County of Middlesex, described as Part of Lot 25, north of York Street west, City of London, County of Middlesex, being part of PIN 08322-0020 (the “Property”), as shown on Schedule “A” of the offer, containing an area of approximately 16,498 square feet, for the sum of $260,000.00, BE ACCEPTED, attached as Schedule “B”, subject to the following conditions:   i)          the Purchaser acknowledges that the Property is being purchased on an “as is” basis; ii)         the City agreeing, at its expense, to prepare and deposit on title on or before closing a reference plan describing the Property; iii)         the completion of the transaction contemplated pursuant to this offer is conditional upon the approval of the Provincial Ministry of Natural Resources and Forestry and subsequent transfer of the property to The Corporation of the City of London by the Upper Thames River Conservation Authority (UTRCA); and iv)        the closing of the transaction contemplated within this offer shall occur thirty (30) days following the Transfer of the Property to the Vendor by the UTRCA.   2.         Property Acquisition – 332 Wharncliffe Road North – Western Road Widening Project   That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to 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, with the concurrence of the Director of Roads and Transportation, on the advice of the Manager of Realty Services, the following actions be taken with respect to the property located at 332 Wharncliffe Road North, further described as Part of Lots 5, 6 and 7, Registrar’s Compiled Plan 434(W), designated as Part 2, Reference Plan 33R-7913, and being PIN 08248-0053 (LT):   a)         the offer submitted by Thomas Bujouves to sell the subject property to the City, for the sum of $925,000 BE ACCEPTED subject to HST inclusive of interest, subject to the following conditions:   i)          the Vendor not making any representation or warranty in relation to the condition or suitability of the property and the City accepts the property “as is”;   ii)         the City agreeing to pay the Vendors’ reasonable legal and consulting costs, including fees, disbursements and applicable taxes, to complete this transaction, subject to assessment;   iii)         the  Vendor  obtaining,  on  or  before  closing a discharge of mortgage for the property;   iv)        if required, the City agreeing to prepare and deposit on title, on or before closing and at its expense, a reference plan describing the property;   v)         an offer to settle the claimant’s legal and consulting costs, in the amount of up to $105,695, including disbursements and subject to HST, failing which the matter would be referred to assessment by the local Assessment Officer;   vi)        the Vendor forever releasing and discharging the City for and from all actions, causes of actions, suits, claims and demands of every nature or kind arising out of or in any way related to or connected with the purchase including all claims for the market value of land taken, any damages attributable to disturbance, any claims for injurious affection to remaining lands, business loss, interest and any special difficulties in relocation now known or which may be known or anticipated but which may arise in the future; and   b)         the financing for this acquisition BE APPROVED as set out in the source of Financing Report attached hereto as Appendix “A”;   it being noted that this is an important property acquisition, as portions of it are required for the road widening along Wharncliffe Road North in 2018.

Motion Passed

Motion Passed

10.   Contract Award  -

T17-56 North Lambeth P9 Stormwater Management Facility (ESSWM  - DCNLP9)

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 contract for the North Lambeth P9 Stormwater Management Facility project:   a)         the bid submitted by J-AAR Excavating Limited, at its tendered price of $4,724,216.75, excluding HST, BE ACCEPTED, it being noted that the bid submitted by J-AAR Excavating Limited was the lowest of six (6) bids received;   b)         the engineering fees for Stantec Consulting Limited, in the total amount of $373,238.25 (including contingency), excluding HST, BE ACCEPTED to carry out the construction administration and inspection 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 February 6, 2018;   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, or issuing a purchase order for the material to be supplied and the work to be done relating to this project; 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. (2018-E03)

11.   Weeping Tile

Disconnection Promotional Canvassing Campaign

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the recommended action to promote weeping tile disconnection through door-to-door canvassing with the Growing Naturally Program BE ENDORSED. (2018-E13)

12.   2017 Ministry of

the Environment and Climate Change Inspection Report for the City of London Water Distribution System

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the report dated February 6, 2018 related to the findings of the 2017 Ministry of the Environment and Climate Change Inspection of the City of London Water Distribution System, BE RECEIVED. (2018-E13)

13.   Contract Price

Increase -  Tender T17-15 Infrastructure Renewal Program - Byron Baseline Road 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 2017 Byron Baseline Road Reconstruction project:   a)         the 2017 Byron Baseline Reconstruction (Tender T17-15) contract value with Bre-Ex Construction Inc. BE INCREASED by $650,000.00 to $6,499,025.30 excluding HST, in accordance with Section 20.3 (e) 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 appended to the staff report dated February 6, 2018;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,   d)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2018-T04)

14.   Strategic Plan

Variance Report

That, on the recommendation of the City Manager, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated February 6, 2018, related to Strategic Plan Progress Variance, BE RECEIVED. (2018-C08)

15.   1st Report of the

Waste Management Working Group

That the 1st Report of the Waste Management Working Group, from its meeting held on January 18, 2018, BE RECEIVED.

16.   1st Report of the

Transportation Advisory Committee

That the 1st Report of the Transportation Advisory Committee, from its meeting held on January 23, 2018, BE RECEIVED.

17.   Wharncliffe Road

South Environmental Study Report

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Wharncliffe Road South Improvements Environmental Assessment:   a)          the Wharncliffe Road South from Becher Street to Commissioners Road Municipal Class Environmental Study report BE ACCEPTED;   b)          a Notice of Completion for the project BE FILED with the City Clerk; and,   c)          the Environmental Study Report BE PLACED on the public record for a 30-day review period;   it being noted that the Civic Works Committee received the attached presentation from D. MacRae, Division Manager, Transportation Planning and Design;   it being further noted that the Civic Works Committee heard the following delegations related to this matter:   -           N. Finlayson, 100 Stanley Street – see attached speaking notes; and, -           T. Dupont-Martinez – expressing support for the property at 100 Stanley Street remaining in-situ. (2018-E05)

18.   2nd Report of the

Cycling Advisory Committee

That the following actions be taken with respect to the 2nd Report of the Cycling Advisory Committee from its meeting held on January 17, 2018:   a)         that the attached proposed London Bicycle Friendly Award Policy BE REFERRED to the City Clerk for review and consideration and a report back to the appropriate standing committee;   b)         J. Fullick, Technologist and J. Pucchio, AECOM, BE ADVISED that the Cycling Advisory Committee (CAC) expressed its support for the proposed cycling solution for the Victoria Bridge Municipal Class Environmental Assessment; it being noted that the CAC received the attached presentation from J. Fullick, Technologist and J. Pucchio, AECOM, with respect to this matter;   c)         that the following actions be taken with respect to the proposal to close Oxford Street, in its entirety, on a Sunday morning from 6:00 AM to 10:00 AM during the summer:   i)          it BE NOTED that a verbal presentation from J. Rule, Cycling Advocate, with respect to this proposal was received; it being noted that Ottawa, Montreal and Winnipeg have similar programs; ii)         the above-noted proposal BE AMENDED to consider closing Dundas Street instead of Oxford Street; and, iii)         the above-noted proposal BE ADDED to the proposed 2018 Cycling Advisory Committee (CAC) Work Plan for investigation, noting that the CAC will consult with cycling groups in the development of a recommendation for Municipal Council’s consideration; and,   d)         clauses 1 to 4 and 7, BE RECEIVED;   it being noted that the Civic Works Committee heard a verbal delegation from W. Pol, Vice-Chair, Cycling Advisory Committee, with respect to this matter.

19.   Underground

Utilities on Hamilton Road

That the communications from Councillor M. van Holst related to the possibility of moving utility wires underground on Hamilton Road BE RECEIVED and no further action be taken with respect to this matter. (2018-E06)

20.   Private Drain

Connection (PDC) Projects

That the Director of Water and Wastewater BE REQUESTED to review the Wastewater and Stormwater By-law WM-28 as it relates to fees and charges for Private Drain Connections (PDC) work undertaken as part of a City of London construction project and report back with respect to a potential blended fee for mixed use properties that is reflective of a balanced charge between the current residential and commercial fees; it being noted that a communication dated January 16, 2018, from Councillor T. Park was received related to this matter. (2018-E09)

21.   Pedestrian

Sidewalk  - Pack Road and Colonel Talbot Road - J. Burns

That the communication from J. Burns related to a request for a pedestrian crosswalk at the intersection of Pack Road and Colonel Talbot Road BE REFERRED to the Division Manager, Transportation Planning and Design for review and consultation with Mr. Burns as well as a report back to the appropriate standing committee related to this matter.

22.   Deferred Matters

List

That the Civic Works Committee deferred list, as of December 12, 2017, BE RECEIVED.

7.   Internal Audit

Summary Update Memo

That the memo dated January 29, 2018, from Deloitte, with respect to the internal audit summary update BE RECEIVED.

IX.   ADDED

REPORTS

Moved by Councillor P. Hubert

Approve clauses 1 to 9, 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 83 to 92 and the Added Bill No’s 93 and 94.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Zaifman

Approve Second Reading of Bill No.’s 83 to 92 and the Added Bill No’s 93 and 94.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve Third Reading and Enactment of Bill No.’s 83 to 92 and the Added Bill No’s 93 and 94.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT