June 26, 2012

Original link

The Council meets in Regular Session in the Council Chambers these days commencing at 5:00 p.m. on June 26, 2012.

I.   RECOGNITIONS

1.   Dearness

Home Consulting Services – Single Source

Recommendation:  That, on the recommendation of the Interim City Manager, the following actions be taken with respect to the Dearness Home:   a)            the attached proposed by-law (Schedule “A”) BE INTRODUCED at the Municipal Council meeting of June 26, 2012 to:   i)          to approve and confirm the attached Agreement dated June 25, 2012 entered into between The Corporation of the City of London and peopleCare Inc., 28 William Street North, Tavistock Ontario, N0B 2R0 to provide operational consulting services for the Dearness Home at a cost of $25,000 per month plus HST and disbursements; and   ii)         to delegate authority to the City Manager  (including the Interim City Manager) to:   A)        renew the Agreement in paragraph (a)(i), above, for a period of up to five months ending no later than December 25th, 2012; and   B)        provide written notice of the  termination of the Agreement in paragraph (a)(i), above, pursuant to the termination provisions of the Agreement;   b)            the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with the Agreement outlined in (a) above; and   c)            the source of funding for the Agreement outlined in (a), above, estimated at a maximum cost of $165,000, BE APPROVED as a drawdown from the Operating Budget Contingency Reserve;   it being noted that line 3 of the third paragraph in the background of the attached staff report dated June 26, 2012 should read “…Engaged Companies and received an ‘Exemplary Standing’ designation with…”.

II.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor P. Hubert discloses a pecuniary interest in clause 3 of the 19th Report of the Finance and Administrative Services Committee having to do with the 2011 Compliance Report in accordance with the Procurement of Goods and Services Policy, by indicating that he is the Executive Director of a social services agency that has a Purchase of Service Agreement with the City of London.  Councillor P. Hubert further discloses a pecuniary interest in clause 10 of the 9th Report of the Community Services Committee having to do with a Request for Proposal for Ontario Works employment assistant services, by indicating that he is the Executive Director of a local social services agency which provides this service. Councillor P. Hubert also discloses a pecuniary interest in Bill 309 pertaining to Ontario Works, by indicating that he is the Executive Director of a local social services agency which has a purchase of service agreement with Ontario Works.   Councillor B. Polhill discloses a pecuniary interest in clause 11 of the 17th Report of the Planning and Environment Committee having to do with the Notice of Application by the City of London for the properties located at 585, 613, 687 and 604-650 Sovereign Road, and related Bill No.s 285 and 304, by indicating that his business is in the circulation area for the Notice.   Councillor D. Brown discloses a pecuniary interest in clause 4 of the 6th Report of the Public Safety Committee, and related Bill No. 287, having to do with proposed amendments to the Taxi/Limousine By-law, by indicating that her employer operates a taxi business.  Councillor D. Brown further discloses a pecuniary interest in clauses 15 and 16 of the 11th Report of the Civic Works Committee having to do with the removal of London Transit buses from Dundas Street and the London 2030 Transportation Master Plan, respectively, by indicating that her employer has a contract with London Transit.   Councillor J.L. Baechler discloses a pecuniary interest in clause 4 of the 11th Report of the Civic Works Committee, and related Bill No. 286, having to do with a by-law for the abandonment of identified sections of the Stanton Municipal Drain, by indicating that she has a business that operates out of an adjacent property.

III.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWELFTH MEETING HELD ON JUNE 12, 2012

Moved by Councillor P. Van Meerbergen

Seconded by Councillor P. Hubert

Approve the Minutes of the 12th Meeting held on June 12, 2012.

Motion Passed

Motion Passed

IV.   REVIEW

OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

V.   COMMUNICATIONS AND

PETITIONS

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve that the communications listed under Part V of the Agenda be referred for considered in conjunction with the related report clauses.

Motion Passed

Motion Passed

2.   License Agreement

for Use of 80 Dundas Street for Communication Equipment

That, on the recommendation of the Fire Chief, the attached by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on June 26, 2012 to:   a)         approve a License Agreement with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Infrastructure to license space to maintain a two-way FM communications system at 80 Dundas Street at the rate of $260 per annum for the period Nov 1, 2011 to October 31, 2021; and,   b)         authorize the Mayor and the Clerk to sign the agreement.  (2012-L03-00)

3.   Services

Review Committee Terms of Reference

4.   Town

and Gown Committee

5.   Amendment to Fees

and Charges By-law Waiving Fireworks Display Permit Fees

That, on the recommendation of the Fire Chief, the following actions be taken with respect to the Fees and Charges By-law as it relates to Firework Displays:   a)         the attached proposed by-law (Appendix A) BE INTRODUCED at the June 26, 2012 Municipal Council meeting, to amend the Fees and Charges By-law A-42 to provide for the waiving or reduction of fees for Fire Work Display inspection/permit where Council, by resolution, has agreed to the waiving or reduction; and,   b)         the permit fees for the Canada Day Firework Display held by the West Park Baptist Church and the Optimist Club of Summerside BE WAIVED for 2012. (2012-G05-00)   it being noted that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith;   -           J. Martin – expressing a concern with respect to the noise associated with firework demonstrations.

6.   3rd, 4th and 5th

Reports of the Animal Welfare Advisory Committee

That the following actions be taken with respect to the 3rd, 4th, and 5th Reports of the Animal Welfare Advisory Committee from its meetings held on April 5, May 3 and June 7, 2012, respectively;   a)         the following actions be taken with respect to the attached communication dated March 12, 2012 from the Ontario Wildlife Coalition relating to humane resolution to human-wildlife conflicts:   i)          the Municipal Council BE REQUESTED to support and implement a progressive and humane response program related to human-wildlife conflicts in the municipality; it being noted that this matter was identified in the Beaver Wildlife Management Strategy, dated December 13, 2011 and relating to the Stanton Drain Remediation and Storm Water Management Facility Construction;   ii)        Civic Administration BE DIRECTED to refrain from further action with respect to any current beaver intervention, pending the development of the program noted in a) above; it being noted that AWAC is reviewing the environmental impact study and will submit an additional report with recommendations to Municipal Council regarding the resident beaver noted in the above-noted report; and,  

  iii)       a representative from Stormwater Management BE INVITED to a future meeting of the AWAC to discuss strategies to discourage circumstances which foster human-wildlife conflicts.   b)         clauses 1 through 6 of the 3rd Report, BE RECEIVED;   b)            further to the above-noted recommendation, the Civic Administration BE REQUESTED to take no action with respect to the removal of the beavers in the Stanton Drain Remediation Project; it being noted that the AWAC is preparing a report providing evidence of the key role the beaver plays in the ecosystem and alternative non-lethal solutions; it being further noted that the AWAC heard a verbal presentation from D. Harris, on behalf of the Wildlife Sub-committee;   d)         clauses 2 through 9 of the 4th Report, BE RECEIVED.   e)         the following actions be taken with respect to Bill 69, Elephant Protection Act 2012; it being noted, the Public Safety Committee received the attached presentation from V. VanLinden with respect to this matter:   i)          the Mayor BE REQUESTED to write a letter of support to the Honourable L. Berardinetti, MPP;   ii)         the Animal Welfare Advisory Committee BE REQUESTED to prepare a presentation for the Public Safety Committee (PSC), with respect to banning the use of exotic animals in circuses, including information on current municipalities who have enforced this ban;   iii)         the London Police Services Board BE REQUESTED to provide information to the Public Safety Committee with respect to any Criminal Code enforcement that may be related to this matter; and,   f)          clauses 2 through 9 of the 5th Report, BE RECEIVED.

VI.   MOTIONS OF WHICH

NOTICE IS GIVEN

VII.   ADDED REPORTS

VIII.   REPORTS

Moved by Councillor N. Branscombe

Seconded by Councillor B. Polhill

Approve that pursuant to section to section 7.3 of the Council Procedure By-law, the order of business be changed to permit consideration of the 11th Report of the Investment and Economic Prosperity Committee to be heard before the 17th Report of the Planning and Environment Committee.

Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Approve clauses 1 to 3.

7.   Requests for

Delegation Status

That the following actions be taken with respect to requests for delegation status:   a)         the Civic Administration BE REQUESTED to review the Sign & Canopy By-law with respect to the issue of temporary real estate banners; it being noted that the Sign & Canopy By-law was recently amended by City Council to provide for greater opportunities for real estate advertisement; it being further noted that the Public Safety Committee received the attached presentation from S. Farhi, Farhi Holdings Corporation, with respect to this matter;             (Secretary’s Note:  The presentation is available for viewing in the City Clerk’s office.)   b)         the request for delegation status of G. Hare, London Knights Hockey Club, with respect to the Sign and Canopy By-law, BE ACCEPTED and scheduled for the next meeting of the Public Safety Committee;   c)         that Municipal Council BE REQUESTED to approve the installation of flag pole banners in the Argyle Business Improvement Association and the Civic Administration BE DIRECTED to work with the Argyle BIA in the design development and installation of the flag pole banners; it being noted that the Public Safety Committee received the attached presentation from C. Olech and N. McSloy, Argyle Business Improvement Association with respect to this matter;   d)         the Civic Administration BE REQUESTED to review the Sign & Canopy By-law with respect to home-occupation signs, giving special consideration to the possibility of amending the regulations with a focus on differentiating between street classifications and home occupation locations and to work with M. Gilbert to investigate potential signage options with respect to this matter; it being noted the Public Safety Committee received a presentation from M. Gilbert M. Gilbert, Mortgage Intelligence, with respect to this matter; and,   e)         the request for delegation status of S. Taylor, with respect to the Pool Fence By-law, BE ACCEPTED and scheduled for the next meeting of the Public Safety Committee.

8.   Contraband Tobacco

WHEREAS Contraband tobacco has negative pubic consequences and impacts such as unrestricted youth access to tobacco products, and an increase in criminal actively;   AND WHEREAS contraband tobacco products are easily accessible in our community;   AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco;   AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco;   THEREFORE be it resolved that the Mayor BE REQUESTED to write a letter to the Ontario Minister of Finance in support of the Ontario Government’s most recent Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill 186 and amendments to the Tobacco Tax Act.  Particularly, in support of measures such as:   -           increased fines for those convicted of offenses related to contraband tobacco;   -            more authority for law enforcement officials with respect to:  forfeiture of items seized, and impounding of vehicles;   -           drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts;   AND that the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to introduce amendments this fall to implement these measures;   AND that surrounding municipalities be made aware of the actions taken by this Committee to address the concerns presented by contraband tobacco;   it being noted the Public Safety Committee reviewed and received a communication dated June 8th, 2012, from Dave Bryans, President and CEO of the Ontario Convenience Stores Association (OCSA) with respect to this matter.(2012-P00-00)

9.   Agreement for

On-Line Training System

That, on the recommendation of the Fire Chief, the attached proposed by-law (Appendix A) BE INTRODUCED at the June 26, 2012 Municipal Council meeting to:   a)         approve an Agreement with Desire2Learn Incorporated, 151 Charles Street West, Suite 400, Kitchener, Ontario N2G 1H6 attached as “Schedule A” to provide an on-line training system; and,   b)         authorize the Mayor and the Clerk to sign the agreement.  (2012-L03-00)

Motion Passed

Motion Passed

10.   2nd and 3rd Reports

of the Community Safety and Crime Prevention Advisory Committee

The motion to Approve part a) is put.

Motion Passed

Motion Passed

The motion to Approve the balance of clause 10 is put.

Motion Passed

Motion Passed

11.   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 April 17, 2012:   a)          the Town and Gown Association of Ontario proposal with respect to licence plate denial for all defaulted Provincial Offences Act fines BE SUPPORTED;   b)          the following actions be taken with respect to the Public Nuisance By-law and proposed amendments thereto:   i)          the Public Nuisance By-law BE AMENDED in accordance with the report of the City Solicitor, dated April 2, 2012, provided to the Public Safety Committee; and,   ii)         the following comments, received by the Town and Gown Committee at its meeting held on April 17, 2012, BE FORWARDED to the Public Safety Committee for consideration in conjunction with the recommendation in a), above:  

  • Jim Barber, City Solicitor - advising that he was asked to prepare a report and by-law in 2008, indicating that this revised by-law would enable localized enforcement, and additional measures, the City could take.
  • Tom Gafferty, London Police Services – advising that only the highest ranking could enact the public nuisance call.
  • Glenn Matthews, University of Western Ontario - recognizing that high density residential areas can be problematic and asking what stopped the by-law from going forward in 2008.
  • Jack Goodwin, 277 Fleming Drive - indicating that the situation warranted a street closure to control access to the area, noting that O. Katolyk answered indicating that this was not an option but the amended by-law would address this.
  • Councillor Matt Brown – advising that we currently don’t have the ability to be proactive and that the by-law would provide the ability to be proactive; noting that we are not just dealing with students from Fanshawe and identifying that a survey in 2008 ranked the nuisance by-law as the 5th priority for council.
  • Emily Marcoccia, Fanshawe College – advising that Fanshawe College Administration supports the by-law as a mitigation strategy, a proactive approach and a first step to dealing with the issue; indicating that the community partners have done a lot of work since 2008.
  • Veronica Barahona, Fanshawe Student Union – advising the student union supports both the City and College and noting that housing is not a campus issue.
  • Robert Sexsmith, 120-1231 Sanford St – requesting clarification on how the by-law would be enforced at a downtown for profit event and/or neighbourhood party, as the downtown is becoming a neighbourhood with downtown campus locations with storefront housing; it being noted T. Gafferty and O. Katolyk responded to Mr. Sexsmith’s enquiry.
  • Councillor Judy Bryant – advising that the bylaw could address potential future issues as the downtown changes to become more of a downtown neighbourhood.
  • Patrick Searle, UWO Student’s Council – expressing concern as to where the by-law will fit.
  • John Young, Fanshawe Student Union – suggesting this bylaw targets students, noting potential hotspots need to be identified and advising over 1,000 students live in residence, with little issues.   c)         the following actions be taken with respect to the Greater Near-Campus Neighbourhoods Strategy;   i)          all community partners BE REQUESTED to review and provide a progress report, including additional proposed initiatives and implementation dates, to support the Greater Near-Campus Neighbourhoods Strategy; and,   ii)         the Civic Administration BE REQUESTED to review the Fanshawe Neighbourhood as a priority for rezoning as identified in the above noted strategy;   d)         the following actions be taken with respect to Brescia University College;   i)          the Civic Administration BE REQUESTED to review the concept of a safe crossing strategy to allow a simplified process for the installation of safer pedestrian crossings; and,   ii)         Brescia College residences BE UTILIZED as a pilot program for the above-noted strategy for the crossings on Sarnia Road; it being noted that the Town and Gown Committee received a Notice dated March 6, 2012, with respect to the application of Brescia University College; and,   e)         clauses 5 through 7, BE RECEIVED.

Moved by Councillor J.B. Swan

Approve clauses 1, 3 and 4.

12.   Contract Award:

2012 W12A Landfill Gas Collection System Expansion (Tender 12-77)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the expansion of the landfill gas collection system at the W12A Landfill Site, Capital Project SW6040:   a)       the bid submitted by JBL Construction, 2969 Lakeshore Road, Box 429, Brights Grove, ON, N0N 1C0, at its tendered price of $401,576.70, excluding H.S.T., for the expansion of the W12A Landfill gas collection system and the provisional additional items, BE ACCEPTED; it being noted that the bid submitted by JBL Construction was the lowest of nine (9) 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 included as Appendix ‘A’ to the associated staff report, dated June 19, 2012;   (c)      Comcor Environmental Limited BE AUTHORIZED to carry out the gas extraction well drilling supervision, resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $49,190, excluding H.S.T.; it being noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15, Clause 15.2(g) of the City of London’s Procurement of Goods and Services Policy;   d)       the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   e)       the approval hereby 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 12-77); 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.

13.   Contract Award:

Trunk Watermain Chamber Installation Program (Tender 12-78)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the Trunk Watermain Chamber Installation Program (EW3717-11 and EW3717-12):   a)       the bid submitted by Bre-Ex Limited, at its tendered price of $415,339.89, excluding H.S.T., for the Trunk Watermain Chamber Installation Project, BE ACCEPTED; it being noted that the bid submitted by Bre-Ex Limited was the lowest of five (5) bids received and meets the City’s specifications and requirements in all areas;   b)       Archibald, Gray, and McKay, 3514 White Oak Road, London, ON, N6E 2S9, BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset limit amount of $40,100, excluding H.S.T.; it being noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   c)       the financing for this project BE APPROVED as set out in the Sources of Financing Report included as Appendix ‘A’ to the associated staff report, dated June 19, 2012;   d)       the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   e)       the approval hereby 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 12-78); 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.

14.   By-Law for

the Execution of the Occupancy Agreement with London Hydro for Ground-Mounted Automatic-Tracking Solar Photovoltaic Energy Systems

That, on the recommendation of the Director, Environmental Programs and Solid Waste, the attached proposed by-law (Appendix ‘A’) BE INTRODUCED at the Municipal Council Meeting to be held on June 26, 2012, to approve the Occupancy Agreement for the Ground-Mounted Automatic-Tracking Solar Photovoltaic Energy Systems (“Agreement”) with London Hydro, with respect to the installation of a solar electricity generation system at the Manning Drive Material Recovery Facility, and to authorize the Mayor and the City Clerk to execute the Agreement on the City’s behalf.

15.   Removal of Buses

from Dundas Street

At 11:05 PM Mayor J.F. Fontana places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

Motion made by Mayor J.F. Fontana and seconded by Councillor B. Polhill to Approve that clause 15 BE REFERRED back to the London Transit Commission for further consideration and discussion with City staff in order to assess the potential for this project.

At 11:07 PM Mayor J.F. Fontana returns to the Chair and Councillor P. Hubert takes his seat at the Council Board.

Motion Passed

Motion Passed

16.   Tender

12-58 – Manufacture and Installation of Rear Loading Packer Bodies

That, notwithstanding the recommendation of the Acting Executive Director, Planning, Environmental & Engineering Services & City Engineer, the following actions be taken:   a)         the tender for the Manufacture and Installation of five (5) Rear Loading Packer Bodies submitted by London Machinery Inc., 15790 Robin’s Hill Road, London, ON N5V 0A4, at their tendered price of $376,150.00 (excluding HST), BE ACCEPTED;   b)         the attached Sources of Financing BE APPROVED;   c)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with this award; and   d)            d)         approvals hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to the subject matter of this approval.

Moved by Councillor J. Swan

Seconded by Councillor J.L. Baechler

Approve 1st Reading of Bill Nos. 307 to 309.

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor N. Branscombe

Approve 2nd reading of Bill Nos. 307 to 309.

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor S.E. White

Approve 3rd Reading of Bill Nos. 307 to 309.

Motion Passed

IX.   DEFERRED MATTERS

X.   ENQUIRIES

XI.   EMERGENT

MOTIONS

XII.   BY-LAWS

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

Moved by Councillor J.L. Baechler

Seconded by Councillor D. Brown

Approve 1st Reading of Bill Nos. 285 and 304.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor J.L. Baechler

Approve 2nd Reading of Bill Nos. 285 and 304.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor P. Hubert

Approve 3rd Reading of Bill Nos. 285 and 304.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor P. Hubert

Approve 1st Reading of Bill No. 286.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor D. Brown

Approve 2nd Reading of Bill No. 286.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor P. Hubert

Approve 3rd Reading of Bill No. 286.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor J.L. Baechler

Approve 1st Reading of Bill Nos. 283 and 287.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor N. Branscombe

Approve 2nd reading of Bill Nos. 283 and 287.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor S.E. White

Approve 3rd Reading of Bill Nos. 283 and 287.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor H.L. Usher

Approve 1st reading of Bill Nos. 269 to 282, 284, 288 to 303, and 305 to 306.

Motion Passed

Motion Passed

Moved by Councillor M. Brown

Seconded by Councillor B. Polhill

Approve 2nd reading of Bill Nos. 269 to 282, 284, 288 to 303, and 305 to 306.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor N. Branscombe

Approve 3rd reading of Bill Nos. 269 to 282, 284, 288 to 303, and 305 to 306.

XIII.   COMMITTEE OF THE

WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

XIV.   ADJOURNMENT