January 26, 2016
Present:
M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman, C. Saunders
Absent:
V. Ridley
Also Present:
A. Zuidema, R. Andrusevich, J.P. Barber, G. Belch, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, T. Gaffney, K. Graham, T. Grawey, N. Hall, M. Hayward, P. Kokkoros, L. Livingstone, J. Logan, V. McAlea Major, D. O’Brien, D. Popadic, M. Ribera, L.M. Rowe, T. Van Klink (Miller, Thomson LLB.), A. Vandervoort, B. Warner, B. Westlake-Power
The Council meets in Regular Session in the Council Chambers this day at 4:04 p.m.
I. DISCLOSURES
OF PECUNIARY INTEREST
Councillor J. Helmer discloses a pecuniary interest in clause 3 of the 2nd Report of the Community and Protective Services Committee having to do with municipal golf, by indicating that his father manages a golf course. Councillor J. Helmer further discloses a pecuniary interest in the Added Communication having to do with appointments to the 2016 Council Compensation Review Task Force, by indicating that one candidate has been a client of his Company. Councillor J. Morgan discloses a pecuniary interest in the Added Communication having to do with appointments to the 2016 Council Compensation Review Task Force, by indicating that one candidate is his direct supervisor at Western University.
II. REVIEW OF
CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC
III. ADDED
REPORTS
1. Disclosures of
Pecuniary Interest
That it BE NOTED that no pecuniary interest were disclosed.
Moved by Councillor P. Hubert
Seconded by Councillor J. Morgan
Approve that Council rise and go into Committee of the Whole, in camera, at 8:31 PM, for the purpose of continuing discussion regarding the following matters:
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor M. Cassidy
Seconded by Councillor J. Helmer
Approve 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, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the acquisition of the properties located at 1577 and 1687 Wilton Grove Road, the following actions be taken to amend the Agreement of Purchase and Sale, dated June 25, 2015: a) the Agreement of Purchase and Sale, attached as Appendix “A”, BE AMENDED to provide for a reduction in the purchase price for 1577 Wilton Grove Road (Property 1), located on the south side of Wilton Grove Road, east of Highbury Avenue South, further described as Part Lots 8 & 9, Concession 3, shown as Part 1 on Reference Plan 33R-15000, save and except Parts 1, 2 & 3 on Reference Plan 33R-15630, being PIN No. 08200-0079, containing an area of approximately 101 acres, for the purpose of the development of a future industrial facility from $3,450,000 to $3,251,680, SUBJECT TO the following conditions: i) the City having until 4:30 PM on February 5, 2016 to satisfy itself in its sole and absolute discretion as to the geotechnical, soil, and environmental condition of the property; ii) the City having until 4:30 PM on February 5, 2016 to satisfy itself in its sole and absolute discretion as to the archaeological outcome of the property; iii) the Vendor having the option to enter into a Residential Tenancy Agreement for a maximum of three months from the completion date; iv) a hold back provision of Seven Hundred Thousand Dollars ($700,000.00) from the sale price to be applied to any costs incurred by the Purchaser in completing fill area management and earth moving; b) the Agreement of Purchase and Sale, attached as Appendix “B”, BE AMENDED to provide for a reduction in the purchase price for 1687 Wilton Grove Road (Property 2), located on the south side of Wilton Grove Road, east of Highbury Avenue South, further described as Part Lot 8, Concession 3, shown as Part 5 on Reference Plan 33R-15000, save and except Parts 4, 5 & 6 on Reference Plan 33R-15630, being PIN No. 08200-0081, containing an area of approximately 16.42 acres, for the purpose of the development of a future industrial facility, from $700,000 to $625,000, SUBJECT TO the following conditions: i) the City having until 4:30 PM on February 5, 2016 to satisfy itself in its sole and absolute discretion as to the geotechnical, soil, and environmental condition of the property; and ii) the City having until 4:30 PM on February 5, 2016 to satisfy itself in its sole and absolute discretion as to the archaeological outcome of the property.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor M. Cassidy
Seconded by Councillor J. Helmer
Approve that the following actions be taken with respect to the process to appoint an Integrity Commissioner: a) the Request for Proposal 15-35 – Appointment of an Integrity Commissioner BE CANCELLED; b) the Civic Administration BE DIRECTED to give notice to the proponents, in accordance with the provisions of Section 7.5(5) Request for Proposal 15-35 – Appointment of an Integrity Commissioner, that The Corporation of the City of London is cancelling Request for Proposal 15-35 and to extend the Municipal Council’s appreciation for their submissions; it being noted that a confidential targeted recruitment process will be undertaken for the appointment of an Integrity Commissioner.”
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
2. 2016-2019
Multi-Year Budget - Public Participation Meeting #1
That the delegations from the 2016-2019 Multi-Year Budget Public Participation Meeting #1 BE RECEIVED for consideration by the Municipal Council as part of its 2016-2019 Multi-Year Budget approval process; it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.
IV. RECOGNITIONS
V. COMMITTEE OF THE WHOLE (continued)
The Council rises and goes into the Committee of the Whole, in camera, at 9:09 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor V. Ridley.
The Committee of the Whole rises at 9:32 PM and Council reconvenes at 9:35 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor V. Ridley.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
VIII. MOTIONS OF
WHICH NOTICE IS GIVEN
IX. REPORTS
Moved by Councillor B. Armstrong
Seconded by Councillor A. Hopkins
Approve that pursuant to section 7.3 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 5 of the 4th Report of the Corporate Services Committee, followed by clause 6 of the 2nd Report of the Community and Protective Services Committee, at this time.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
5. Appointment of
Acting Mayor
That the following actions be taken with respect to the appointment of an Acting Mayor: a) Councillor A. Hopkins BE APPOINTED to serve as Acting Mayor for the period February 9, 2016 to February 12, 2016; and b) the City Clerk BE DIRECTED to report back to the Corporate Services Committee, as soon as possible and recognizing the need for public notice, with a proposed change to the Council Procedure By-law to permit the Mayor to select an Acting Mayor to serve in the absence/unavailability of the Mayor and the Deputy Mayors.
6. Public Question
Session/Period
That the Governance Working Group BE REQUESTED to review and recommend the necessary changes to procedural processes for including a public question session/period at Municipal Council meetings, including reviewing the best practices of those municipalities who currently provide for public question sessions/periods, for the consideration of the Municipal Council.
Moved by Councillor T. Park
Seconded by Councillor M. Cassidy
Approve that clause 6 be amended by deleting the words “Municipal Council” and by replacing them with the words “Standing Committee”.
Moved by Councillor J. Zaifman
Seconded by Councillor S. Turner
Approve that pursuant to section 11.14 of the Council Procedure By-law, the question be put.
Motion Passed
Vote:
Yeas: Nays: M. Brown M. van Holst B. Armstrong M. Salih M. Cassidy J. Helmer P. Squire J. Morgan (4) P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (10)
Motion Passed
Motion Passed
Vote:
Yeas: Nays: M. Brown B. Armstrong M. van Holst J. Helmer M. Salih P. Squire M. Cassidy J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher (6) T. Park J. Zaifman (8)
Motion Passed
Moved by Councillor M. Cassidy
Seconded by Councillor T. Park
Approve clause 6, as amended.
Motion Passed
Vote:
Yeas: Nays: M. Brown M. van Holst M. Salih B. Armstrong J. Helmer P. Squire M. Cassidy P. Hubert J. Morgan S. Turner A. Hopkins H.L. Usher (6) T. Park J. Zaifman (8)
Motion Passed
VI. CONFIRMATION
AND SIGNING OF THE MINUTES OF THE THIRD MEETING HELD ON JANUARY 12, 2016
Moved by Councillor M. Cassidy
Seconded by Councillor P. Hubert
Approve the Minutes of the Third Meeting held on January 12, 2016.
VII. COMMUNICATIONS
AND PETITIONS
Moved by Councillor M. Cassidy
Seconded by Councillor B. Armstrong
Approve that the following actions be taken with respect to the Communications noted below: a) Communication No. 1, dated January 12, 2016, from Councillor V. Ridley, regarding her absence from the January 26, 2016 Meeting of Municipal Council, BE RECEIVED; and, b) Communication No. 2 from the Black Students’ Association, University of Western Ontario, BE RECEIVED and BE REFERRED for consideration with clause 9 of the 4th Report of the Corporate Services Committee.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor M. Cassidy
Seconded by Councillor P. Hubert
Approve that on the recommendation of the City Clerk, the appointment of following individuals to the 2016 Council Compensation Review Task Force BE RATIFIED: a) Martin Horak b) Dan Ross c) Phyllis Retty; and d) Mike Moffatt.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih M. Cassidy P. Squire P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (12) RECUSED: J. Helmer J. Morgan (2)
Motion Passed
Moved by Councillor P. Squire
Approve clauses 1 to 11, excluding clauses 6 and 7.
3. 2016-2019 Budget -
F. Pontarelli
That the communication dated January 14, 2016, from Frank Pontarelli, regarding the 2016-2019 Multi-Year Budget BE RECEIVED.
4. Absence from
Meeting
That the communication dated January 12, 2016, from Councillor V. Ridley, advising of her absence from the January 21, 2016 meeting of the Strategic Priorities and Policy Committee BE RECEIVED.
8. Request for
Approval of an Expense on an Exception Basis
That the request by Councillor M. van Holst to provide $27.09 from his annual expense allocation for 3 nylon basketball nets for Trafalgar Public School BE DENIED.
Motion Passed
Vote:
Yeas: Nays: M. Brown M. van Holst M. Salih B. Armstrong J. Helmer P. Hubert M. Cassidy A. Hopkins P. Squire S. Turner J. Morgan T. Park (6) H.L. Usher J. Zaifman (8)
Motion Passed
9. Diversity,
Integration and Inclusion in London
That the Civic Administration BE DIRECTED to report back at a future meeting of the Corporate Services Committee regarding the creation of a staff position, within the approved budget, that would be responsible for assisting with the attraction and retention of qualified individuals to London who reflect the diversity of our community; providing advice and tools to the Municipal Council and the Civic Administration to assist with addressing integration, diversity and inclusion of all Londoners; and to assist with the establishment of strategies to create a City of London workforce that is more reflective of the diversity of the community.
Moved by Councillor H.L. Usher
Seconded by Councillor M. Salih
Approve that clause 9 be deleted in its entirety and be replaced with the following new clause 9: That the Civic Administration BE DIRECTED to report back at a future meeting of the Corporate Services Committee with strategies including the potential creation of a staff position within the approved budget, to assist with the attraction and retention of qualified individuals who reflect the diversity of our community; provision of advice and tools to the Municipal Council and the Civic Administration to assist with addressing integration, diversity and inclusion of all Londoners; and the establishment of strategies to create a City of London workforce that is more reflective of the diversity of the community.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor H.L. Usher
Seconded by Councillor M. Salih
Approve clause 9, as amended.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor P. Hubert
Approve clauses 1 to 4.
10. Request for
Designation of the International Food Festival as a Municipally Significant Event
That the International Food Festival, to be held June 24, 2016 to June 26, 2016, in Victoria Park, BE DESIGNATED as an event of municipal significance in the City of London.
11. Request for
Designation of the London Rib Fest as a Municipally Significant Event
That the London Rib Fest, to be held July 28, 2016 to August 1, 2016, in Victoria Park, BE DESIGNATED as an event of municipal significance in the City of London.
7. Confirmation of
Appointment to the London Advisory Committee on Heritage
That Greg Thompson BE APPOINTED as a Voting Representative on the London Advisory Committee on Heritage, representing the Urban League of London, for the term ending February 28, 2019.
12. Corporate Services
Committee Deferred Matters List
That the Corporate Services Committee Deferred Matters List BE APPROVED, subject to the deletion of Item No. 1.9 as this matter has been dealt with through the Community and Protective Services Committee.
13. Provincial
Dedicated Gas Tax Funds for Public Transportation Program (Relates to Bill No. 61)
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 January 19, 2016 BE INTRODUCED at the Municipal Council meeting to be held on January 26, 2016 to authorize the Mayor and the City Clerk to execute a Letter of Agreement between the Province of Ontario and the City of London with respect to the Dedicated Gas Tax Funds for the Public Transportation Program.
14. Absence from
Meeting
That the communication dated January 12, 2016, from Councillor V. Ridley, advising of her absence from the January 19, 2016 meeting of the Corporate Services Committee BE RECEIVED.
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. Cassidy
Seconded by Councillor T. Park
Approve Introduction and First Reading of Bill No.s 59 to 62, 64 to 74, and the Added Bill No. 75.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor B. Armstrong
Seconded by Councillor M. Cassidy
Approve that pursuant to section 13.2 of the Council Procedure By-law reconsideration on the Introduction and First Reading of Bill No.s 59 to 62, 64 to 74, and the Added Bill No. 75, in order to separate a Bill for which there is a pecuniary interest.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (13) RECUSED: J. Helmer (1)
Motion Passed
Moved by Councillor M. Cassidy
Seconded by Councillor H.L. Usher
Approve Introduction and First Reading of Bill No.s 59 to 61, 63 to 72, revised Bill No. 73, Bill No. 74, and the Added Bill No. 75.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor M. van Holst
Seconded by Councillor A. Hopkins
Approve Second Reading of Bill No.s 59 to 61, 63 to 72, revised Bill No. 73, Bill No. 74, and the Added Bill No. 75.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor M. van Holst
Seconded by Councillor M. Salih
Approve Third Reading and Enactment of Bill No.s 59 to 61, 63 to 72, revised Bill No. 73, Bill No. 74, and the Added Bill No. 75.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih J. Helmer M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (14)
Motion Passed
Moved by Councillor J. Morgan
Seconded by Councillor J. Zaifman
Approve Introduction and First Reading of Bill No. 62.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (13) RECUSED: J. Helmer (1)
Motion Passed
Moved by Councillor M. van Holst
Seconded by Councillor T. Park
Approve Second Reading of Bill No. 62.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (13) RECUSED: J. Helmer (1)
Motion Passed
Moved by Councillor M. van Holst
Seconded by Councillor S. Turner
Approve Third Reading and Enactment of Bill No. 62.
Motion Passed
Vote:
Yeas: M. Brown M. van Holst B. Armstrong M. Salih M. Cassidy P. Squire J. Morgan P. Hubert A. Hopkins S. Turner H.L. Usher T. Park J. Zaifman (13) RECUSED: J. Helmer (1)
Motion Passed