C O U N C I L P R O C E E D I N G S

TWENTIETH MEETING

London C A N A D A

October 26, 2009

The Council meets in Regular Session in the Municipal Offices this day at 5:OO p.m

PRESENT: Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, W. J. Armstrong, 8. R. MacDonald, S. Orser, J. L. Baechler, P. Hubert, S. E. Eagle, P. M. Van Meerbergen, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller and L. M. Rowe. (Acting City Clerk).

At the beginning of the Meeting all Members are present except Councillors Branscombe and Lonc.

Her Worship the Mayor presents a certificate for "London's Featured Community Organization" to Dave Waller and Marnie Sherritt, Co Chairs of The Council for London Seniors.

Councillor Orser moves, seconded by Deputy Mayor Gosnell, that the Council rise and go into Committee of the Whole, for the purpose of holding the 2008 Annual General Meeting of the London & Middlesex Housing Corporation. CARRIED

Council rises and goes into the Committee of the Whole at 5:05p.m., with Mayor DeCicco-Best in the Chair and all Members present except Councillors Branscombe and Lonc.

Deputy Mayor Gosnell moves, seconded by Councillor Caranci, that the 2008 Annual Report of the London & Middlesex Housing Corporation and the presentation by U. Filice, General Manager and Chief Executive Officer BE RECEIVED. CARRIED

Deputy Mayor Gosnell moves, seconded by Councillor Caranci, that on the recommendation of the General Manager of Finance and Corporate Services and Acting City Treasurer, the ollorknd proposed by-law (Attachment "A) BE INTRODUCED at the Municipal Council meeting to be held October 26, 2009 to:

(a) ratify and confirm the Resolution of the Shareholder ollorknd as Schedule "1" to the by-law; and

authorize the Mayor and Acting City Clerk to execute the Resolution of the Shareholder ortnnhnd as Schedule "1" to the by-law.

Councillor Eagle moves, seconded by Councillor Baechler, that the above-noted motion be amended to read as follows:

"That, on the recommendation of the General Manager of Finance and Corporate Services and Acting City Treasurer:

(a)

(b)

the attached proposed by-law (Appendix "A) BE INTRODUCED at the Municipal Council Meeting to be held on October 26, 2009, to:

(i) ratify and confirm the Resolution of the Shareholder attached as Schedule "1" to the by-law;

(ii) authorize the Mayor and Acting City Clerk to execute the Resolution of the Shareholder attached as Schedule "1" to the by- law;

(b) the Municipal Council's position that Social Housing rents should be changed to the maximum shelter allowance used in the private sector, rather than the legislated rent scales, in order to reduce the subsidy required from the local property tax base and move the funding from 100% municipal to an 80/20 cost share, which is more reasonable for an income redistribution program, BE REITERATED to the Province of Ontario; and

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(c) the Board of Control BE REQUESTED to consider the merits of "billing" the Province for Social Housing costs that have had to be borne by the local property tax base due to current legislated rent scales." CARRIED

The motion to adopt the motion moved by Deputy Mayor Gosnell and seconded by Councillor Caranci, as amended, and as it relates to the Resolution of the Shareholder of the London & Middlesex Housing Corporation is put and CARRIED.

Councillor Baechler moves, seconded by Councillor Eagle, that the Committee of the Whole rise and resume in regular session. CARRIED.

The Committee rises and Council resumes in regular session at 5 5 0 pm., with Mayor DeCicco-Best in the Chair and all Members present, except Councillors Branscombe and Lonc.

Dr. G. Pollett, Middlesex-London Health Unit, provides the attached update with respect to the Pandemic (HINI) Influenza.

DISCLOSURES OF PECUNIARY INTEREST

349 Deputy Mayor Gosnell discloses a pecuniary interest in clause 11 of the 25th Report of the Board of Control having to do with Meadowlily Area Plan by indicating that he has a client with property located in the study area.

Councillor Hubert discloses a pecuniary interest in clause 3 of the 16th Report of the Community and Protective Services Committee having to do with Ontario Works costs by indicating that he is the Executive Director of a social services agency that has an agreement with Ontario Works. Councillor Hubert further discloses a pecuniary interest in clause 21 of the 25th Report of the Board of Control having to do with clause 3 of the 16th Report of the Community and Protective Services Committee, which addresses the matter of Ontario Works costs, by indicating that he is the Executive Director of a social services agency that has an agreement with Ontario Works.

Controller Polhill discloses a pecuniary interest in clause 2 of the Confidential Appendix to the 25th Report of the Board of Control having to do with a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition by indicating that his son owns property adjacent to the subject property.

Councillor Eagle discloses a pecuniary interest in clause 2 of the 24th Report of the Planning Committee having to do with property located at 1820 Woodhull Road by indicating that the applicant is a member of the church where she is the Minister.

350

351

352

MINUTES

353 Councillor Baechler moves, seconded by Councillor Orser, that the Minutes of the Nineteenth Meeting held on October 5, 2009 be adopted. CARRIED

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the bid submitted K & L Construction (Ontario) Ltd., 1516 North Routledge Park, Unit 27, London, at its tendered price of $2,287,400 (GST excluded), BE ACCEPTED; it being pointed out that the bid submitted by K & L Construction (Ontario) Ltd. was the lowest bid received;

the contract with Shore Tilbe Irwin & Partners, 672 Dupont Street, Toronto, for architectural services BE INCREASED by $90,192 (GST excluded); it being noted that the increase in fees is associated with an increase in the project value and revised scope of work;

the financing for this project BE APPROVED as set out in the Sources of Financing Report nllpphpd hereto as Appendix " A ;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (Tender 09- 82); and

future additional annual operating costs of $10,000 BE APPROVED as a first priority from available assessment growth in 2010 subject to final budget;

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

The Council reviews the confidential matters listed for consideration at this meeting and determines that none should be considered in public.

it being recognized that a portion of this work would not have been undertaken without the stimulus funding for this project having been provided through contributions of both the Canadian Federal Government and the Ontario Provincial Government. (A09-04)

2. That, on the recommendation of the Director of Fleet, Facilities & Departmental Resources, the following actions be taken with respect to the removal and replacement of the cedar fence at Labatt Park (Project No. PD2134-737), namely:

(a) the bid submitted by Mycon Construction, 1615 North Routledge Park, #9, London, at its tendered price of $97,812 (GST excluded), BE ACCEPTED; it being pointed out that the bid submitted by Mycon Construction was the lower of two (2) bids received and meets the City's specifications and requirements in all areas;

the financing for this project BE APPROVED as set out in the Sources of (b)

354

355

356

357

COMMUNICATIONS

The Chair directs that the actions suggested by the Acting City Clerk with respect to Communication No.'s 1 to 5, inclusive, as identified on the Orders of the Day and on the Added Communications be taken.

ADDED REPORTS

The City Clerk submits the 26th Report of the Board of Control. (See Report attached.)

REPORTS

25TH REPORT OF THE BOARD OF CONTROL

Controller Hume presents the 25th Report of the Board of Control.

Controller Hume moves that clauses 1 to 8, inclusive, be adopted. CARRIED Clauses 1 to 8 read as follows:

1. That, on the recommendation of the Director of Fleet, Facilities and Departmental Resources, the following actions be taken with respect to the Gibbons Bathhouse and Pool Upgrades (Project No. RC2112 & PD2134-737), namely:

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(c) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project: and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (Tender 09- 102);

(d)

it being recognized that this work would not have been undertaken without the stimulus funding for this project having been provided through contributions of both the Canadian Federal Government and the Ontario Provincial Government. (A03-00)

3. That, on the recommendation of the Director of Fleet, Facilities & Departmental Resources, the following actions be taken with respect to the expansion and refinishing of the Springbank Gardens Community Centre (Project Nos. RC2748 & RC2748-786), namely.

(a) the bid submitted by The Cobrell Company Ltd., 4837 White Oaks Rd., London, at its tendered price of $450,890 (GST excluded), BE ACCEPTED; it being pointed out that the bid submitted by The Cobrell Company Ltd. was the lowest of seven (7) bids received and meets the City's specifications and requirements in all areas;

the financing for this project BE APPROVED as set out in the Sources of Financing Report &a&4 hereto as Appendix "A;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (Tender 09- 103); and

future additional annual operating costs of $23,000 BE APPROVED as a first priority from available assessment growth in 2010 subject to final budget;

it being recognized that this work would not have been undertaken without the stimulus funding for this project having been provided through contributions of both the Canadian Federal Government and the Ontario Provincial Government;

it being noted that the General Manager of Community Services will provide additional background information to the Mayor and Members of Council, at the Municipal Council meeting on October 26, 2009, with respect to this matter. (A03-00)

4. That, on the recommendation of the Director of Fleet, Facilities & Departmental Resources, the following actions be taken with respect to the Elmo Curtis Rose Garden Operation Centre washroom renovation (Project Nos. RC2748-786 & TS6210), namely:

(a)

(b)

(c)

(d)

(e)

the bid submitted by The Cobrell Company Ltd., 4837 White Oaks Rd., London, at its tendered price of $161,710 (GST excluded), BE ACCEPTED; it being pointed out that the bid submitted by The Cobrell Company Ltd. was the lowest of six (6) bids received and meets the City's specifications and requirements in all areas;

the financing for this project BE APPROVED as set out in the Sources of Financing Report eheAed here to as Appendix "A;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (Tender 09- 105);

(b)

(c)

(d)

it being recognized that this work would not have been undertaken without the stimulus funding for this project having been provided through contributions of both the Canadian Federal Government and the Ontario Provincial Government. (A03-00)

Financing Report a&&d hereto as Appendix "A;

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Product

That, on the recommendation of the Director of Roads ani ransportation, the following actions be taken with respect to the purchase of pre etting and anti-icing liquids for road maintenance, namely:

Trade Name Unit PricelLitre

Ice Bite (30%) + Salt Brine (70%)

Ice Bite ( I O - 30%) + Salt Brine (70 - 90%)

0.0075 23% Sodium Chloride Salt Brine

0.204 Ice Bite s30

Ice Bite slo 0.1399

11 Natural Brine 1 Master Melt 1 0.0075 11

the Civic Administration BE AUTHORIZED to undertake all the administrativi acts that are necessary in connection with this purchase; and

the aoDroval aiven herein BE CONDITIONAL w o n the CorDoration entering inti a formal concact or issuing a purchase order relating to thk matter (Tender 09 92). (SO8-00)

That, on the recommendation of the Director of Roads ani ransportation, the following actions be taken with respect to tree pruning and removi mice, namely:

I ) the contract with Davey Tree Expert Co. of Canada Ltd., 3350 South Servici Road, Burlington, BE EXTENDED for an additional three (3) year period;

the Civic Administration BE AUTHORIZED to undertake all the administrativi acts that are necessary in connection with this service contract; and

))

:) the approval given herein BE CONDITIONAL upon the Corporation entering inti a formal contract or issuing a purchase order relating to this matter. (E05-00)

That, on the recommendation of the Director of Wastewater & Treatment le following actions be taken with respect to the supply of sludge density meters mely:

I) standardization for sludge density measurement to the Kajaani TS mete manufactured by Metso Automation Canada Ltd., 4900 Thimens Blvd., St Laurent, Quebec, BE APPROVED;

the Civic Administration BE AUTHORIZED to negotiate the purchase of five (5 Kajaani TS Meters from Metso Automation Canada Ltd.;

the approval given herein BE CONDITIONAL upon the Corporation negotiatin! satisfactory prices, terms and conditions with Metso Automation Canada Ltd. ti the satisfaction of both the Acting City Treasurer and the Director of Wastewate & Treatment: and

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter. (WO6-00)

I)

:)

I)

That, on the recommendation of the Director, Wastewater and Treatment e following actions be taken with respect to additional engineering fees for tht instruction of the Dingman Creek Transfer Pumping Station project (Project No S3073), namely:

I) the previously approved engineering design and construction administration fees for Stantec Consulting Ltd. BE INCREASED to revise the upset amount from $74,498 to $98,498, excluding GST, including contingency for the said project, ir accordance with the final estimate, on file, based upon the Fee Guideline fo Professional Engineering Services, 2006, recommended by the Ontario Societ! of Professional Engineers and in accordance with Schedule " D : Appointment o

Consulting Services Policy of Council Policy By-law No. A.-6151-17; it being noted that this firm completed the engineering design;

the financing for this increase BE APPROVED as set out in the Sources of Financing Report nllnnhnd hereto as Appendix "A'; and

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter. (WO7-00)

(b)

(c)

9. That, on the recommendation of the General Manager of Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the works as contemplated and outlined in RFP 09-21 - Blue Box Recycling Processing and Marketing Service, namely:

(a) the proposal submitted by Emterra Environmental, 15 Buchanan Court, London, at its proposed annual fee of $2,796,080 for an eighteen (18) month term, with an optional six (6) month extension at the City's absolute sole discretion, starting December 1,2009, BE ACCEPTED;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter;

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal agreement or issuing a purchase order or contract record relating to this matter (RFP 09-21): and

the General Manager of Environmental and Engineering Services and City Engineer and the General Manager of Finance and Corporate Services and Acting City Treasurer BE REQUESTED to work together to develop a long-term funding model for recycling and report back thereon in 2010. (WOE-00)

(b)

(c)

(d)

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IO. That, on the recommendation of the General Manager of Environmental and Engineering Services & City Engineer, the following actions be taken with respect to the provision of uniformed municipal parking enforcement services, namely:

(a) the current contract with the Commissionaires (Great Lakes) Western Region, P.O. Box 33059, London, BE EXTENDED for one additional year, with a 2% increase over its current unit prices;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and

(c) the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter. (SO4-00)

11. That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to consulting services for the Meadowlily Area Plan (Project No. PD2082), namely:

(a) the proposal submitted by Aecom Canada Ltd., 285 King St., Suite 300, London, at its proposed price of $449,631 (PST included, GST extra), BE ACCEPTED;

the funding for this project BE APPROVED as set out in the Sources of Financing Report ottonhnd hereto as Appendix "A';

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (RFP 09-19),

12. That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the design and supply of a modular skateboard park for St. Julien Park (Project No. PD1273), namely:

(a) the proposal submitted by H C & C General Contracting, 25-340 Ambleside Dr., London, at its proposed price of $65,000 (PST included, GST extra), BE ACCEPTED; it being noted that there was only one (1) proposal received and it meets the City's specifications and requirements in all areas;

the funding for this project BE APPROVED as set out in the Sources of Financing Report ottonhnd hereto as Appendix "A';

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (RFP 09-33).

That the following actions be taken with respect to water meter reading

on the recommendation of the Director, Water, the ottppknd proposed by-law (Appendix A) BE INTRODUCED at the Municipal Council meeting to be held on October 26, 2009:

(i)

(b)

(b)

(c)

(d)

(A03-00)

(b)

(c)

(d)

(A03-00)

13. and water and sewer billing:

(a)

to approve the Service Level Agreement for the water meter reading, billing, collection, and customer service of the City's water and sewe accounts by London Hydro Inc.;

to authorize the Mayor and the Acting City Clerk to execute the Service Level Agreement for the water meter reading, billing and collection of the City's water and sewer accounts by London Hydro Inc.; and

the Director, Water, BE REQUESTED to report back with a long-term strategy for water meter reading and water and sewer billing. (W12-01)

14. That, on the recommendation of the City Solicitor, the following actions be taken with respect to an Agreement of Purchase and Sale with Wonderland Power

(ii)

(b)

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Centre Inc. for the Bradley Avenue extension west of Wonderland Road:

(a) the OtLOnhnd proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on Monday, October 26, 2009, to authorize an Agreement of Purchase and Sale between the City as Purchaser and Wonderland Power Centre Inc. as Vendor, substantially in the form attached as Schedule " A to the by-law, involving approximately 2.51 acres, more or less, of land located on the west side of Wonderland Road south of Southdale Road;

the financing for this acquisition BE APPROVED as set out in the Sources of Financing Report nllnohpd hereto as Appendix 'A'; and

(b)

(c) the Mayor and the Acting City Clerk BE AUTHORIZED to execute the

15. That, on the recommendation of the General Manager of Finance and Corporate Services, on the advice of the Manager of Realty Services, the offer submitted by Habitat for Humanity London Inc. to purchase the City owned land municipally known as 183 Springbank Drive and a portion of 181 Springbank Drive, identified as Part of Lots 9 and 10, Block F, Registered Plan 376(4th), designated as Part 23 and part of Part 20 on Plan 33R-14585, containing an area of approximately 6,309 square feet, for the sum of $40,000, BE ACCEPTED, subject to the following conditions:

(a)

(b)

(c)

Agreement of Purchase and Sale mentioned in paragraph (a) above. (L15-02)

Habitat for Humanity Board of Directors' approval and due diligence inquiries and inspections being carried out;

Habitat for Humanity being successful in obtaining a building permit from the City of London;

the City preparing and depositing on title, on or before closing, at Habitat's expense, a reference plan describing the property and the adjacent lands owned by the City; and

(d) Habitat for Humanity demolishing the structure located at 181 Springbank Drive at Habitat's expense;

and that the ollpnhpd proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 26, 2009 to approve the Agreement of Purchase and Sale for 183 Springbank Drive and part of 181 Springbank Drive and to authorize the

16. That, on the recommendation of the General Manager of Finance and Corporate Services and Acting City Treasurer, savings from positions vacated since September 22, 2009 BE CONTRIBUTED to the appropriate vacancy management reserve that has been established for each rate supported fund; it being noted that the purpose of these funds is to provide a one time funding source as recommended by the Corporate Management Team; it being further noted that the Corporation has realized total corporate savings to date in 2009 of $940,168 ($759,659 - general; $128,138 - wastewater; and $52,371 - water). During the same period in 2008, total corporate savings were $962,185 ($890,090 - general; $59,137 - wastewater; $12,139 - water).

17. That, on the recommendation of the Director, Fleet, Facilities 8 Departmental Resources, with the concurrence of the Director, Parks and Recreation, the following actions be taken with respect to the appointment of a consultant for the City-Wide Sports Park (Project No. PD2180-RinCI), namely:

(a)

ayor and the Acting City Clerk to execute the Agreement. (L15-01)

(F12-00)

the proposal submitted by AECOM, 285 King Street, Suite 300, London, at a fee of $263,318 (exclusive of GST), BE ACCEPTED, in accordance with Schedule " D : Appointment of Consulting Services of Council Policy By-law No. A.-6151- 17; the financing for this project BE APPROVED as set out in the Sources of Financing Report nttonknd hereto as Appendix "A;

the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with this project; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work;

(b)

(c)

(d)

it being recognized that this project would not have been undertaken without the stimulus funding for this project having been provided through contributions of both the Canadian Federal Government and the Ontario Provincial Government. (AO3-00)

18. That, on the recommendation of the Director, Corporate Managemenq Support, the ollonknd revised written submission to Charles Beer, Independent Reviewer of the Accessibility for Ontarians with Disabilities Act, 2005, BE APPROVED for submission.

20. That, in accordance with the Council Civic Luncheons and Receptions Policy, funding in the amount of $300.00 BE APPROVED to provide a hosting grant towards an awards banquet for the 2009 Ontario University Women's Fastpitch Softball Championships to be held in London from October 23 to 25, 2009 subject to:

(a) the City of London being given the traditional level of recognition for its contribution towards the banquet;

the Mayor (or her designate) being invited to attend the banquet to represent the City of London; and

approval of sufficient funding for this grant in the 2009 Operating Budget for Civic Luncheons and Receptions;

(b)

(c)

it being understood that the release of funds is subject to the approval of the Municipal Council at its meeting on October 26, 2009;

it being noted that prior to consideration of this matter, funding of $15,700 has been approved to date from the 2009 Operating Budget of $20,000 for Civic Luncheons and Receptions. (F12-00) (See &eei=sd.)

22. That the Board of Control received and noted an information report from the General Manager of Finance and Corporate Services and Acting City Treasurer with espect to the September cash flow analysis for Orchestra London. (F12-00)

23. That the Board of Control received and noted an information report from the General Manager of Finance and Corporate Services and Acting City Treasurer with respect to the computer systems outage experienced by the Corporation on September

24. That the Board of Control received and noted an information report from the Director, Water, with respect to the need for emergency repairs to a major watermain which crosses the Thames River between Sarnia Road and Huron Drive. (W13-00)

25. That the Board of Control received and noted an information report from the Director, Corporate Management Support, with respect to the City of London Corporate Pandemic Plan, a policy document to provide operational guidance on the delivery of corporate services and to support a healthy, safe workplace for all employees during a pandemic. (COS-00)

26. That the Board of Control received and noted a summary of the Smarter Cities Conference in New York from Controller Hume, who attended the conference.

14, 2009. (VO2-00)

(D07-00)

27. That the Board of Control (BC) received a communication dated October 6, 2009, from the Acting Chair of the London Police Services Board as well as a communication dated October 17, 2009 from Ab A. Chahbar, with respect to Mr. Chahbar's appointment as a Justice of the Peace and the necessity for him to resign 'rom the London Police Services Board and from the Committee of Adjustment as a City of London representative. The BC accepted the resignations with regret and asked the

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Mayor to forward a letter of appreciation to Mr. Chahbar. The BC also asked the Acting City Clerk to take the necessary steps to fill the vacancies for the period ending November 30,2010. (G03-00)

28. That the Board of Control received and noted a copy of a communication dated September 23, 2009 from H. Baggey, Community Development/Outreach Worker requesting the Mayor's participation in petitioning the nations to disarm from nuclear weapons. (POO-00)

29. That the Board of Control (BC) received the c&keiwd presentation from L. Langdon, S. Chowns and T. Stolee, London Home Builders' Association, with respect to a request to stage the implementation of the development charge increase, with half the increase to be implemented in January 2010 and the second half of the increase to be implemented December 31, 2010. The request was referred to the Civic Administration for a report back at the November 4, 2009 meeting of the Board of Control.

30. That the Board of Control (BC) received the a%&d communication dated October 12, 2009 from Marvin Recker with respect to the proposed closing of the Ford Motor Company St. Thomas Assembly Plant (STAP) in September 201 1. The BC referred the communication to the Civic Administration and the London Economic Development Corporation to take into consideration as they continue their efforts with respect to this matter.

31. That Controller Hume enquired as to the status of the Olympic Torch Relay. Mayor DeCicco-Best advised that there are very strict protocols with respect to the release of information regarding this event and assured the Board of Control that details would be forthcoming as soon as it is permissible to do so.

32. That Deputy Mayor Gosnell disclosed a pecuniary interest in clause 11 of this report having to do with the Meadowlily Area Plan by indicating that he has a client with property located in the study area.

33. That Controller Polhill disclosed a pecuniary interest in clause 1 of the Confidential Appendix to the 25th Report of the Board of Control having to do with a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value: information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning

property

34. moving in camera from 1155 a.m. to 12:17 pm.:

That the Board of Control move in camera to consider the following matters:

(a)

the proposed acquisition by indicating the his son owns property adjacent to the subjec I That the Board of Control (BC) passed the following resolution prior to

a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land: advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with th contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest tha

similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition;

a matter pertaining to the security of the information systems of The Corporation of the City of London:

a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of the Corporation's associations or unions an advice which is the subject of solicitor client privilege;

(b)

(c)

and that the BC is submitting a confidential report to the Municipal Council regarding these matters. (See Confidential Appendix to the 25th Report of the Board of Control enclosed for Council Members only.)

26TH REPORT OF THE BOARD OF CONTROL

1. That, on the recommendation of the General Manager of Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the proposed 2010 Operating and Capital Budgets for Water Services and Wastewater and Treatment Services:

(a) the proposed 2010 Operating and Capital Budgets for Water Services and Wastewater and Treatment Services BE RELEASED in advance of formal tabling by posting the documents to the City's website for review by the public on October 27,2009; and

(b) the General Manager of Environmental and Engineering Services and City Engineer BE REQUESTED to provide alternative budget scenarios, including the implications of same, for the consideration of the Municipal Council.

1. That, on the recommendation of the Director of Wastewater and Treatment, the following actions be taken with respect to the appointment of a consultant for the functional and detailed design of the Dingman Creek Stormwater Management (SWM) Erosion Control Wetland Facility (ES2682):

(a) Delcan Corporation (Consultant) 1223 Michael Street, Suite 100, Ottawa, Ontario Canada, K IJ 7T2 BE APPOINTED Consulting Engineers for Phase I of the functional and detailed design of the said project in the amount of $225,000,

Councillor Eagle enters the meeting at 7:38 p.m

18TH REPORT OF THE ENVIRONMENT AND TRANSPORTATION COMMITTEE

- 12-

excluding GST;

lting fees for the project identified in (a), above, BE IN ACCORDANCE with the estimate, on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers, and in accordance with Schedule " D of Council Policy By-law A-6151-17;

ing for the project BE APPROVED in accordance with the "Sources of Financing Report" pafnnbpd hereto as Appendix "A ;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

vals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the Consultant for the respective project; and

the Mayor and Acting City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2009-

)

That, on the recommendation of the Director of Fleet Facilities & ncurrence of the Director of Financial Planning & rer, the following actions be taken with respect to

) the Civic Administration BE DIRECTED to defer the initial phased increase in vehicle and equipment recoveries from Solid Waste and Transportation Operations required to achieve full cost recovery until 201 1; it being noted the original phasing was scheduled to commence as part of the 2010 budget strategy but is unaffordable at this time;

the establishment of a Fuel Stabilization Reserve BE ENDORSED in order to assist with mitigating the financial implications associated with the volatility of fluctuating fuel prices; and

)

ribution of $1.0 million to the Severe Weather Reserve drawn from the Vehicle and Equipment Replacement Reserve Fund BE APPROVED: it being noted that the average life cycle replacement of the fleet has been extended with resultant positive balance positions in the future; it being also noted that the Severe Weather Reserve is projected to be drawn down to zero in fiscal 2009 due to deficit projections related to winter maintenance activities;

e Environment and Transportation Committee heard verbal irector of Fleet Facilities and Departmental Resources and the

ctor of Financial Planning & Policy and Acting City Treasurer, with respect to this tter. (2009-VO4-00)

That the following actions be taken with respect to the review of

) the Civic Administration BE ASKED to meet with the London Development Institute and interested stakeholders to determine the feasibility of implementing alternative street light technology in new subdivisions and report back at a future meeting of the Environment and Transportation Committee (ETC);

the Civic Administration BE ASKED to implement a one-year LED pilot project;

) the Civic Administration BE ASKED to monitor the experiences of other municipalities with respect to the use of LED lights and report back at a future meeting of the ETC;

)

being noted that the Environment and Transportation Committee heard verbal olhill, Councillor B. R. MacDonald and the General

ironmental and Engineering Services & City Engineer and received the briefing note from the Division Manager of Parking and Traffic Signals and an

rt from the Director of Roads and Transportation with respect to this atter. (2009-SO8-00)

- 13 -

That, on the recommendation of the Director of Roads and ransportation, the following actions be taken with respect to the Southdale Road idening Environmental Assessment:

the Southdale Road Environmental Study Report prepared by Stantec Consulting BE ACCEPTED;

a Notice of Completion BE FILED with the Municipal Clerk; and

the Environmental Study Report BE PLACED on public record for a 30 day review period;

(c)

ransportation Planning and Design and received the ollonknd presentation from artlett, Stantec Consulting, and received the Executive Summary of the

being noted that the ETC heard a verbal presentation from the Manager o

tudy;

P. Mclnnes, 166 Southdale Road West - enquiring as to whether or not the wetland on Southdale Road will be impacted; asking about the height of the noise barriers; enquiring as to whether or not the bus stop will be enhanced; and enquiring as to the timing of the lights as it is difficult to get in and out of the complex;

expands to six lanes in the future; K. Miller, 136 St. Clair Crescent - advising that the electrical panel for the st lights is located in his backyard; advising that if the lights go out, London Hy needs to access his yard through his house and enquiring as to whether or the panel can be relocated; and enquiring as to whether Southdale Road will lowered or raised in his area;

B

being noted that the Consultant offered information to address various question d/or concerns. (2009-S07-02)

That the following actions be taken with respect to school crossing at M

a one-year pilot project to address the traffic issues at M. B. McEachr Elementary School; it being noted that the pilot project would include the use traffic cones, signs, painted lines and additional policing; and

Design and received a written communication dated October 8, 2009 from Council . Eagle, with respect to this matter. (2009-SO9-00)

That the following actions be taken with respect to the request o outown Taxicabs for an extension to the implementation of section 10.4.3. (I) of th xicab By-law L.-l25-256, requiring that cameras be installed in taxicabs prior t

) the Civic Administration BE DIRECTED to prepare an amendment to By-law L 125-256 specific to section 10.4.3.(1) to delete the date "October 31st, 2009 an replace it with the date "January 31st, 2010;

a public participation meeting BE HELD at a special meeting of the Environm and Transportation Committee on Monday, November 9, 2009 at 4:OO p.m. in Board of Control Room, for the purpose of considering the proposed amendm to the Taxicab By-law, noted in (a) above; and

the Civic Administration BE DIRECTED not to enforce section 10.4.3. (I) of the

)

)

on November 9, 2009, at which the above-noted proposed amendment to section 10.4.3. (I) will be considered;

it being noted that the Environment and Transportation Committee heard verbal oresentations and received written communications dated October 19 from J. T. 3onnelly, President & C.E.O., and J. Donnelly, Vice-president, Aboutown Taxicabs and 2. Parkins, President, and J. Pepers, Manager, u-need-a cab limited, with respect to the nstallation of security camera systems in taxicabs. (2009-PIO-02)

The Chair directs that clauses 7 to 18, inclusive, of Section II be noted. Clauses 7 to 18 read as follows:

7. That the Environment and Transportation Committee received and noted the 9th Report of the Transportation Advisory Committee from its meeting held on October 6, 2009. (See Report athebed.)

8. That the Environment and Transportation Committee received and noted the 9th Report of the Trees and Forests Advisory Committee from its meeting held on September 23,2009. (See Report &$a&&.)

9. That the Environment and Transportation Committee received and noted the 10th Report of the Animal Welfare Advisory Committee from its meeting held on September 22, 2009. (See Report &$a&&.)

10. That the Environment and Transportation Committee heard verbal presentations from the General Manager of Environmental and Engineering Services & City Engineer and the Director of Water, received the ottnnknd addendum and the Corrosion Control Plan and an information report dated October 19, 2009 from the General Manager of Environmental and Engineering Services & City Engineer with respect to lead mitigation, community lead testing and London's Corrosion Control Plan. (2009-W13-00)

11. That the Environment and Transportation Committee (ETC) heard verbal presentations from the Manager of Transportation Planning and Design and E. Paraskevas, 789 Sevilla Park Place, received an information report from the Director ofi Roads and Transportation and communications dated October 19, 2009 from E. Paraskevas and E. Schwob, 729 Victoria Street, with respect to the walkway between Victoria Street and Leroy Avenue. The ETC asked the Manager of Transportation Planning and Design report back to the ETC with respect to the Crime Prevention Through Environmental Design review relating to walkways, at the November 16, 2009 ETC meeting. (2009-S06-00)

12. That the Environment and Transportation Committee reviewed and received a written communication dated October 5, 2009 from the Ontario Good Roads Association (OGRA) with respect to nominations for 2010-201 1 directors for the OGRA. (2009-A02-00)

13. That the Environment and Transportation Committee (ETC) reviewed and received a communication dated September 24, 2009 from L. Dunn, 24-2516 Colonel Talbot Road with respect to gang-related graffiti on Southdale Road between Wellington Road South and Colonel Talbot Road. The ETC asked the Manager of By-law Enforcement and the Director of Environmental Programs 8, Solid Waste to respond directly to Ms. Dunn with respect to this matter. (2009-P07-00)

14. That the Environment and Transportation Committee recessed and convened as the Committee of Appeals to hear an appeal with respect to the Notice to Muzzle a Dog issued to C. Tierens, 145 Emery Street. Pursuant to City of London By- law PH-4, a decision was made to uphold the muzzle order. (2009-P04-00)

15. That the Environment and Transportation Committee reviewed and received a written communication dated August 12, 2009 from S. Freeman, 172 Centre Street, Dutton, with respect to B.Y.O.B., Bring Your Own Bottles outlets. (2009-W08-00)

16. That the Environment and Transportation Committee (ETC) heard verbal presentations from the Director of Environmental Programs & Solid Waste and D.

- 1 5 -

ste, with respect to Waste Reduction Week.

That the Environment and Transportation Committee received the presentation from S. Galloway, Urban Designer and J. Fleming, Manager,

ntation, with respect to the urban structure plan concept.

That the Environment and Transportation Committee received an enquiry m Controller Hume with respect to other cities that encourage companies to "adopt" a eet corner and electrical boxes and beautify the area with plants, flowers and trees.

he ETC asked that the Civic Administration, Mainstreet London and London Hydro to der a similar program and the possibility of London companies being responsible e beautification of a street corner and electrical boxes. (See nllpnhpd photograph).

16TH REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMITTEE

360 Councillor Usher presents the 16th Report of the Community and Protective Services Committee.

Councillor Usher moves that clauses 1 to 7 be adopted

Pursuant to section 17.2 of the Council Procedure By-law, Councillor Hubert calls for a separate vote on clause 3.

25TH REPORT OF THE BOARD OF CONTROL (continued)

361 Councillor Usher moves, seconded by Councillor Winninger, that clause 21 be adopted. CARRIED

Clause 21 reads as follows:

ions be taken with respect to the City of London's Ontario Works costs:

) the Mayor BE REQUESTED to write to the Premier of Ontario to request promp

through changes to the current Ontario Works administration cost-sharing cap, revisions to the Ontario Municipal Partnership Fund (OMPF), or other means. being noted that the City of London taxpayers will be required to pay additional $5.46 million ($4.2 million for Ontario Works and $1.26 million

) copies of the above-noted letter BE SENT to local Members of the Legislative Assembly of Ontario, the Minister of Community and Social Services, the Minister of Finance and the Minister of Municipal Affairs and Housing; and,

this matter BE PLACED on the agenda of the next Board of Control meeting with local Members of the Legislative Assembly of Ontario;

)

16TH REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMITTEE (continued)

362 Councillor Miller moves, seconded by Controller Polhill, that clause 5 be amended in line 7 by adding after the words "Fall of 2009 the words "if the parties feel there remains a need for them to do so".

- 16-

1. That, on the recommendation of the General Manager of Community Services, the proposed by-law ollonhpd as Appendix ' A BE INTRODUCED at the Municipal Council meeting being held on October 26, 2009 to increase the per diem rate paid for board and lodging to domiciliary hostels, from the current Council approved rate of $46.82 to $47.75 in accordance with the revised Provincial maximum cost sharable rate; it being noted that:

(a)

(b)

this increase will be retroactive to the effective date of April 1, 2009;

the domiciliary hostel per diems are funded on an 80% Provincial 120% Municipal basis; and

the net cost increases associated with these adjustments is included within the approved 2009 Municipal Budget and proposed 2010 Municipal Budget submission. (2009-CIO-00)

(c)

2. That, on the recommendation of the General Manager of Community Services, the nllonhnd proposed By-law (Appendix 'A) BE INTRODUCED at the Municipal Council meeting being held on October 26, 2009, to:

(a) approve the Agreement (Schedule 'A') with her Majesty the Queen in Right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding with respect to the Rent Bank Program;

approve the Rent Bank Program that will be funded and operated under the Agreement approved in (a) above, noting that the Program is loan and gran based; authorize the Mayor and Acting City Clerk to execute the Agreement in (a) above;

confirm that the City's Local Rules (Schedule B) for the use of the Program Funding are in compliance with this Agreement and the purpose of the Program, and that the Local Rules for the use of Loan Repayment Funds are consistent with the purpose of the Program;

delegate to the General Manager of Community Services, the authority to authorize

(b)

(c)

(d)

Councillor Eagle moves, seconded by Councillor Baechler, that clause 3 be further amended in part (b) by adding thereto after the words "and Housing" the words "and the Association of Municipalities of Ontario". CARRIED

The motion to adopt clauses 1, 2 and 4, clause 5, as amended, and clauses 6 and 7, is put and CARRIED.

The motion to adopt clause 3, as amended, is put and CARRIED

Clauses 1 and 2, clause 3, as amended, clause 4, clause 5, as amended, and clauses 6 and 7, read as follows:

and approve such further and other documents, including agreements, that may be required in furtherance of the City of London's Rent Bank Program that are consistent with the requirements contained in the Rent Bank Agreement approved in (a), and that do not require additional funding or are provided for in the City's current budget, and that do not increase the indebtedness or contingent liabilities of The Corporation of the City of London, subject to prior review and approval by the City Solicitor; and

to delegate to the General Manager of Community Services, the authority to execute the documents, including agreements, authorized and approved under the above-noted subsection 1 (e);

it being noted that the Rent Bank Program is funded 100% by the Province of Ontario, through the Ministry of Municipal Affairs and Housing. (2009-C03-00)

3. That, on the recommendation of the General Manager of Community Services, on the advice of the Administrator of Ontario Works - London, the following actions be taken with respect to the City of London's Ontario Works costs: (a) the Mayor BE REQUESTED to write to the Premier of Ontario to request prompt

action from the Province in dealing with the current Ontario Works funding crisis, through changes to the current Ontario Works administration cost-sharing cap,

(9

- 1 7 -

revisions to the Ontario Municipal Partnership Fund (OMPF), or other means; it being noted that the City of London taxpayers will be required to pay an additional $5.46 million ($4.2 million for Ontario Works and $1 2 6 million for ODSP) in 2009;

copies of the above-noted letter BE SENT to local Members of the Legislative Assembly of Ontario, the Minister of Community and Social Services, the Minister of Finance and the Minister of Municipal Affairs and Housing and the Association of Municipalities of Ontario; and,

this matter BE PLACED on the agenda of the next Board of Control meeting with local Members of the Legislative Assembly of Ontario;

(b)

(c)

it being noted that the Community and Protective Services Committee received the r*lnnhod presentation from the General Manager of Community Services with respect to this matter."

4. Services, the e$ka&ed proposed By-Law (Appendix 'A') BE INTRODUCED at the Municipal Council meeting being held on October 26, 2009 to appoint Lynne Livingstone, Director of Neighbourhood & Children's Services, as the Administrator, under the Day Nurseries Act, for London as Consolidated Municipal Service Manager delivery agent.

That, on the recommendation of the General Manager of Community

(2009-CO6-00)

5. That, on the recommendation of the General Manager of Community Services, prior to the City of London taking a position on the request from the Community Schools Alliance to support a "smart moratorium" on school closures, the Directors of the Thames Valley District School Board and the London and District Catholic School Board, and the Chair of the Community Schools Alliance BE INVITED to discuss the issue with the Community and Protective Services Committee at a meeting in the Fall of 2009, if the parties feel there remains a need for them to do so; it being noted that consideration of a written communication dated October 5, 2009 from D. Reycraft, Chair, Community Schools Alliance, with respect to this matter, was deferred pending the outcome of the above-noted meeting. (2009-C08-00)

6. That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the Homeownership Component of the Canada-Ontario Affordable Housing Program (AHP) 2009 Extension: (a) a down payment assistance of $50,000 per eligible household BE ALLOCATED

to the two partner households as approved by Habitat for Humanity London in 2009, for a total of $100,000 federaVprovincial funding under the Canada-Ontario Affordable Housing Program (AHP) 2009 Extension - Homeownership Component; and,

the request noted in (a) above, BE FORWARDED immediately to the Ministry of Municipal Affairs and Housing for approval;

(b)

it being noted that the Council Housing Leadership Committee (CHLC) reviewed and received the a report dated October 6, 2009 from the General Manager of Planning and Development, with respect to this matter.

7. Clark, E. Kee, M. McLeod, E. Salyn, J. Watkin and S. Watson, University of Western Ontario Nursing Students, with respect to a proposed bi-weekly bus service to grocery stores in the 580 Dundas Street and 241 Simcoe Street area BE REFERRED to the Child and Youth Network for discussion with the Anti-Poverty Working Group, and consultation with private sector organizations and businesses. (2009-SI 0-00)

The Chair directs that clauses 8 to 17, inclusive, of Section II be noted. Clauses 8 to 17 read as follows:

That the written communication, dated September 18, 2009, from S.

That the Community and Protective Services Committee (CPSC) erbal presentation, and received the & a & e d information and statistics, from the Chie

of Police; it being noted the CPSC held a general discussion with the Chief related t

he University of Western Ontario Campus Police and violence in high schools. Project LEARN, specific matters in the circulated statistics, Special Constable i

- 1 8 -

That the Community and Protective Services Committee (CPSC) viewed and received a copy of the "Dearness Home Community Newsletter" for the onth of October 2009. (2009-CIO-00)

That the Community and Protective Services Committee (CPSC) ceived and noted the 4th Report of the Child Care Advisory Committee from its eeting held on September 23, 2009. (See Report s&a&&.)

That the Community and Protective Services Committee (CPSC) ceived and noted the 6th Report of the Community Safety and Crime Prevention

(See Report Committee from its meeting held on September 24, 2009.

That the Community and Protective Services Committee (CPSC) d clauses 1 through 12, excluding clause 10, of the 8th Report of the

essibility Advisory Committee (ACCAC) from its meeting held on September 24, 9; it being noted that consideration of clause 10 was deferred to a future meeting of CPSC, pending the ACCAC's receipt and consideration of the previous direction of CPSC to have members of the London Transit Commission (LTC) invited to an

discuss the LTC's "electronic announcement of all bus stops". (See

That the Community and Protective Services Committee (CPSC) eived the Municipal Council resolution adopted at its meeting held on September 28, 9 with respect to the recent rejection of five affordable housing project proposals that all requirements for funding under the Affordable Housing Program.

That the Community and Protective Services Committee (CPSC) iewed and received an information report from the General Manager of Community

ces with respect to full-day learning pilot projects, for four and five year olds, in on. (2009-C08-00)

That the Community and Protective Services Committee (CPSC) eived the ottoahnd information and a verbal presentation from Dr. G. Pollett, Medical icer of Health, Middlesex-London Health Unit, with respect to an update related to the demic (HI NI ) influenza. (2009-CO9-00)

That the Community and Protective Services Committee (CPSC) ved and noted clauses 2 to 7, inclusive, of the 9th Report of the Council Housing ership Committee from its meeting held on October 6, 2009. (See Report

That the Community and Protective Services Committee (CPSC) adjourned the appeal of 2044583 Ontario Inc. with respect to property located at 390 Princess Avenue, London, under the City of London By-law No. PH-6, being "a by-law concerning the provision of vital services and the maintenance of suitable heat at leased or rented dwellings", until November 16, 2009, as the appellant was not in attendance.

24TH REPORT OF THE PLANNING COMMITTEE

363 Councillor Baechler presents the 24th Report of the Planning Committee.

Councillor Baechler moves that clauses 1 to 5, inclusive, be adopted

Councillor Baechler moves, seconded by Councillor Orser, that clause 2 be amended by replacing part (c) with the following new part (c) which reflects the correct charges applicable to this subdivision given it is located outside the Urban Growth Boundary.

"(c) the applicant BE ADVISED that the General Manager of Environmental & Engineering Services & City Engineer has projected the following claims and revenues information:

- 1 9 -

...................................... Urban

j Works Reserve Fund ....................

.............

.................................... City Services Reserve Fund .. City Services

~

ESTIMATED IMPACT OF SUBDIVISION ON RESERVE FUNDS AND CAPITAL WORKS BUDGET

UNDER DC BY-LAW IMPLEMENTED AUGUST4,2009 WITH RATE CHANGE DEFERRED UNTIL JANUARY 1,2010.

...... ...........

Works Budget " .................. Industrial Oversizing Reserve

1. That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Sifton Properties Limited, Andover Trails, Phase 3 relating to the property located 1451 Wharncliffe Road South:

............................................................... , . . ~ ............................................................................................................. Estimated , Estimated Estimated ~ Estimated 1.' Revenue 1 Claims j Netlmpact i Year ~

I i Of i

the Ontario Municipal Board BE ADVISED that the City of London has no objection to the request for a two (2) year extension of the draft plan of subdivision approval for the plan submitted by Sifton Properties Limited (File No. 39T-05506) prepared by Stantec Consulting Ltd. (Drawing No. 1, dated March 28, 2005), surveyed by Robert D. Stirling, as red-lined amended, which shows 117 single detached dwelling lots, 4 multi-family medium density residential blocks, 4 park blocks, 2 open space blocks, 1 stormwater management block, 1 pumping station block, 5 future residential development blocks, 1 future development block and 1 walkway block, served by 3 secondary collector roads, 5 local roads, and the extension of Bradley Avenue SUBJECT TO the revised conditions contained in

............. i. ............................... I.. ...................... Nil ' Nil

..... .....I ...................................................... Nil ~ Nil

Managemen t Subtotal i Nil ~

.................................... . ~ . .............

~ ....................................................... Nil ~ $165,993.00

. " .......................... 1 ................................ ~ ........................ Other $ Growth I 18,444.00 i

I Works i

.................................... 1 ............................... : ..... I $ 8,717.00 1 I

.................................................... ........................................................................... $ I $11,000.00 I

i 11,000.00 I

~ I

i ..................................... ;. ........................................................................................................................................ !

I

I i Nil 1 Nil I ~

i

..... I ............. Refers to Road, Sewer (Sanitary 8 Storm), Stormwater Management Facilities and Water Services

NOTE: .~ 1) ESTIMATES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION IS

REPORTED ALL IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUN0 BY-LAW fIE. C P -1473-212) AND ANY AMENDMENTS THERETO ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P.-1473-212 AND AS APPROVED BY THE CITY ENGINEER. ESTIMATES ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AND AMENDED AS PER THE NEW BY-LAW. THEY 00 NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF

2)

- 20 -

Estimated Estimated Estimated Net Revenue Claims Impact

Urban Works General $82,045.00* Nil $82,045.00 Reserve Fund

Stormwater $36,431.00' Nil $36,431.00 Management Subtotal $1 18,476.00' Nil $118,476.00

the nffonhnd Appendix "39T-05506-1"; and

Estimated Year Of

Payment

Reierve Fund City Services Reserve Fund Catholic

I I I I I Citv Services I Servicino 1 $444.334.00 I Nil I $444.334.00 1

I

Other Growth $49,370.00 Works

$13,644.00

Budget

School Board Charge Capital Works I I I Nil I Nil I

I Industrial Oversizing

I Reservepund I Refers to Road, Sewer (Sanitary 8 Storm), Stormwater Management Facilities and Wate, Services

REVENUES REFLECT ONLY REMAINING LOTS WITHIN ENTIRE DRAFT PLAN. REVENU HAS BEEN REPORTED PREVIOUSLY FOR ENTIRE DRAFT PLAN.

*

OTE: 1) ESTIMATES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION IS REPORTED ALL I!

ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUND BY-LAW (IE. C.P.-1473 212). AND ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVt

ENGINEER.

ESTIMATES ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AND AMENDED AS PER THE NEW BY-LAW. THEY 00 NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF THE CITY OF LONDON (2009-D26-05)

FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. c.~.-i473-z12 AND AS APPROVED BY THE cin

2)

That, on the recommendation of the General Manager of Planning anc levelopment, the following actions be taken with respect to the application of Phyllis latthews, relating to the property located 1820 Woodhull Road:

3) the Ontario Municipal Board BE ADVISED that the City of London has nc objection to the request by Phyllis Matthews for a three (3) year extension of the draft plan of subdivision approval for the plan submitted by Phyllis Matthews prepared by Callon Dietz., File No. 39T-03511, drawing No. X-857, as red-line amended, which shows 23 single detached dwelling lots, a park block, and ar open space block, all served by 2 local public roads SUBJECT TO the condition: contained in the punnhnd Appendix "39T-03511-1";

the Ontario Municipal Board BE REQUESTED to give public notice to the Appellants identified in the Decision/Order No. 3422, Issue Date December 7 2006 at the addresses set out in "Attachment 1" to that document or at such othei addresses as the Appellants shall from time to time advise in writing; and

:) the applicant BE ADVISED that the General Manager of Environmental 8 Engineering Services & City Engineer has projected the following claims anc revenues information:

1)

Nil Nil

-21 -

ESTIMATED IMPACT OF SUBDIVISION ON RESERVE FUNDS AND CAPITAL WORKS BUDGET

UNDER DC BY-LAWIMPLEMENTED AUGUST4,2009 WITH RATE ... ....., ..................... .................... ........................................................... . . . ~ .....................

1 Estimated Estimated , Estimated Estimated 1 Netlmpact 1 Year 1

i 1 Revenue ~

j ~ claims i Of I Payment ~ 1 . . . ............................................................... ...............................

NI/ ~ Nil Nil I I I l

I Works I Reserve Fund 1

................................ ................................ .' 1 Nil , Nil

!

............................... ~ Stormwater ~

1 Managemen ~

...........................................................I I .............. Nil

..............

Reserve 1 I Fund 1 ....................................... .. ....................... .............., City Other ~ $18.444.00 ' Services ~ Growth ! , Reserve Works I

Catholic 1 $ 8,717.00 School ! ~

Board ...... Charge " ......... .- i Capital : Works i Budget

.............. j ..................................

.....................................

...-..........................................................I .................................. Industrial i i Oversizing ~

. I

.................... .................... $11,000.00 $ 1 1 ,

................................ ! , ............. Nil I

! i

............................ ............ i .................... "" ................... I .............................................. i ...................................... i CHANGE DEFERRED UNTIL JANUARY 1,2010.

i Reserve Fund

Refers to Road, Sewer (Sanitary & Storm), Stormwater Managemer facilities and Water Services

NOTE: 1) ESTIMATES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION I

REPORTED ALL IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND UREA . . . . . . . . . . . . . . . . . . . . . . . . ~ ~_ ~ ~ ~

WORKS FUND BY-LAW (IE. C.P.-1473-212). AND ANY AMENDMENTS THERETO. AN CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE I ACCORDANCE WITH BY-LAW NO. C.P.-1473-212 AND AS APPROVED BY THE CIT ENGINEER

2) ESTIMATES ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AN AMENDED AS PER THE NEW BY-LAW. THEY DO NOT CONSTITUTE AN COMMITMENTS ON BEHALF OF THE cipl OF LONDON.'' (2009-D26-04)

That, on the recommendation of the General Manager of Planning an evelopment, in response to the letter of appeal to the Ontario Municipal Board, date ~ l y 7, 2009 and submitted by Alan Patton of Patton Cormier & Associates (on behalf c peyside East Corporation for file 8.017/09), concerning 3000 Colonel Talbot Road, ths ntario Municipal Board BE ADVISED that the Municipal Council supports the revises mditions in the oltophnd Appendix 'A', and that the City Solicitor and General Manage

Planning and Development BE DIRECTED to provide legal and plannin' !presentation at the Ontario Municipal Board Hearing to support the revised condition5

That, on the recommendation of the General Manager of Planning an' evelopment, based on the application of MHBC Planning relating to the property locate1 6348 Glanworth Drive:

,) the etkA+sd proposed by-law BE INTRODUCED at the Municipal Counc meeting on October 26, 2009 to amend Zoning By-law No. 2.-1, i conformity with the Official Plan, to change the zoning of the subject land FROM a Holding Light Industrial Special Provision (h-I 7-L16(5)) Zone whicl permits a limited range of industrial uses including: business servicl establishments; manufacturing and assembly industries; warehousl establishments; wholesale establishments; service trades: service and establishments; repair and rental establishments; storage depots; termin; centres; transport terminals; and, truck sales and service establishments, subjec to regulations which limit the maximum lot area to 0.8 hectares and thl

:009-D09-00)

repair

maximum lot depth to 350 metres TO a Holding Light Industrial Special Provision (h-17.L16( )) Zone which retains the above listed range of uses subject to a special provision allowing the permitted uses to be developed on the existing lot and excludes the parking and outside storage of commercial vehicles andlor trailers used for the transfer of waste or recyclable materials;

the Civic Administration RE REQUESTED to initiate an Official Plan and Zoning By-law amendment for the Tempo Area Special Policy Area to clarify the requirements for development in this area with regard to lot area requirements;

the Site Plan Approval Authority BE REQUESTED to ensure that stormwater management is addressed in the site plan process in order to ensure that adjacent properties are protected from impacts resulting from the development: and

(b)

(c)

(d) pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law. (2009-Dl 1-05)

5. That the application of Carole Shuttleworth relating to the property located at 633 Commissioners Road West and Blocks 66 & 73 Plan 33M-119 BE REFERRED to the Civic Administration to bring this application forward to the Planning Committee (PC) for its final consideration at the next possible date; it being noted the PC heard a delegation from D. Young, Stantec Consulting, providing an overview of the impacts on the subject site from the geotechnical and hydrogeological work to be undertaken; noting that while it is their intention to have minimal adverse impacts on the site, the route that must be taken into and on the site is dependent upon topographical challenges. (2009- D11-07)

Councillor Baechler moves that clauses 6 to 9, inclusive, be adopted. CARRIED

Clauses 6 to 9, inclusive, read as follows:

6. That, the following actions be taken based on the report from the General Manager of Planning and Development with respect to the circumstances surrounding the removal of trees and planned restoration within an Open Space and Environmental Review Zone on the property located at 4537 Wonderland Road South, currently owned by Sifton Properties Ltd. and referred to as the Fratschko lands:

Planning and Development staff BE REQUESTED to provide a report at a future meeting of the Planning Committee with respect to a chronology of events surrounding the subject land’s status in the past as a candidate for an Environmentally Significant Area designation during the Vision 96 process and the review of OPA 88, and to include the process followed by the Environmental and Ecological Planning Advisory Committee in relation to the evaluation of the lands at that time;

Planning and Development staff BE REQUESTED to provide a report at a future meeting of the Planning Committee with respect to the second and third phases of a restoration plan for the subject lands;

the ollpphnd comments and full colour version of the presentation provided by G. Faul and G. Fournie on behalf of the Lambeth Community Association during their delegation at the Planning Committee relating to this matter BE REFERRED to the Civic Administration for their review;

the Lambeth Community Association BE REQUESTED to forward their proposed restoration plan for the subject lands to Planning and Development staff for their review and consideration;

the City Solicitor’s Office BE REQUESTED to provide a report back to a future meeting of the Planning Committee with respect to whether or not charges could be laid against the previous landowner under the Tree Conservation By-law, and to determine whether a copy of documentation between the previous landowner and the Ministry of Natural Resources with respect to the inclusion of these lands under the Managed Forest Tax Incentive Program could be provided to the Planning Committee for its review;

- 23 -

7 the information report dated September 28, 2009 with respect to this matter from the General Manager of Planning and Development BE RECEIVED for information; and

a Municipal Council resolution adopted at its meeting held on October 5, 2009 with respect to this matter BE RECEIVED. (2009-E05-00)

That the Civic Administration BE REQUESTED to review the lnvironmental Management Guidelines, including policies relating to plantations, in order I strengthen the protection of these areas and to report back at a future meeting of the 'lanning Committee.

a)

the ollophnd revised proposed by-law BE INTRODUCED at the Municipal Council meeting on October 26, 2009 to amend Zoning By-law No. Z.-I, in conformity with the Official Plan, to change the zoning of the subject lands FROM an Open Space (OSI) Zone which permits conservation lands, conservation works, cultivation of land for agriculturallhorticultural purposes, golf courses, private parks, public parks, recreational golf courses, recreational buildings associated with conservation lands and public parks, campground, and managed forest, TO an Open Space Special Provision (OS2( )) Zone to permit, in addition to the already permitted uses, a commercial recreational establishment, community centres, institutions, private outdoor recreation clubs, public swimming pools, and recreational buildings, with a special provision to permit additional uses ancillary and accessory to the commercial recreation establishment, including: day care centres, libraries, convenience service establishments, convenience stores, and restaurants, with a special provision to limit the size of restaurants, convenience stores and convenience service establishments, and to recognize reductions in setbacks, coverage, reduced parking, and maximum gross floor area;

the Site Plan Approval Authority BE REQUESTED to ensure that the Urban Design proposals and principles that accompanied the zoning by-law amendment application are implemented through a site plan and development agreement; and

pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN with respect to the proposed by-law;

That, on the recommendation of the General Manager of Planning and I )evelopment, the following actions be taken based on the application of Old Oa 'roperties relating to the property located at 400 Sugarcreek Trail:

being pointed out that at the public participation meeting associated with this matter, the )Ilowing individual made an oral submission in connection therewith:

L. Kirkness, Kirkness Consulting Inc. - representing the applicant and expressing concern relating to the staff recommendation for a holding provision with respect to urban design guidelines as this site will be an outstanding multi-family development that could be used as an example for the rest of the City, that the applicant has demonstrated their commitment previously to these guidelines, that the site plan approval process exists to establish controls, and that the application of the holding provision only results in an extra level of expense which is not necessary. (2009-Dl 1-06)

That, on the recommendation of the General Manager of Planning and levelopment, the following actions be taken with respect to the application of the Roman atholic Diocese of London relating to the properties located at 5044 Wellington Road outh and 2889 Westminster Drive:

3 ) the proposed by-law .&&&ad hereto as Appendix "A' BE INTRODUCED at the Municipal Council meeting on October 26, 2009 to amend the Official Plan for the properties located at 5044 Wellington Road South and 2889 Westminster Drive by adding a Specific Area Policy to Chapter 10 to permit the severance of the lot and to recognize a small sized agricultural parcel and an existing church; and

the proposed by-law pupnhnd hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting on October 26, 2009 to amend Zoning By-law No. Z.-1 (in conformity with the Official Plan, as amended in part (a) above) to change the zoning for 5044 Wellington Road South FROM an Agricultural (AGI) Zone which permits livestock facilities provided that such facilities are located at least 300 metres from the City's Urban Growth boundary, or in accordance with the MDS regulations, whichever is greater; farm dwelling; forestry uses; kennels:

))

conservation lands; wayside pits; nursery; passive recreation use; farm market; and small wind energy conversion system TO an Agricultural Special Provision (AGI( already permitted uses, with a special provision to limit the size of the farm foods and products market, storage associated with the farm foods and products market, and a farm dwelling associated with the farm foods and products market or a farm, and to recognize the ultimate size of the parcel; it being noted that a site plan will be required for the farm foods and products market use and associated storage facility;

)) Zone to permit a "farm foods and products market" in addition to th

't being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

S. Cornwell, Zelinka Priamo Ltd. - representing the applicant and expressing support for the staff recommendation. (2009-Dl 1-06)

Councillor Baechler moves that clauses 10 to 13, inclusive, be adopted

Councillor Winninaer moves, seconded by Controller Barber, that clause 13 be

the ollopkpd proposed by-law BE INTRODUCED at the Municipal Council meeting on October 26, 2009 to amend Zoning By-law No. 2.-1, in conformity with the Official Plan, to change the zoning of the subject lands FROM a Residential R1 (RI-16) Zone which permits single detached dwellings TO a Holding Restricted Office (h-Yh-I03*R02) Zone to permit clinics, medical dental laboratories, and offices, with an h-5 holding provision to require a public site plan meeting;

through the review of the future application to lift the h-I03 holding provision, the following urban design objectives BE ADDRESSED: (i) the built form should be brought to Fanshawe Park Road to create a

continuous street wall, with an active entrance on Fanshawe Park Road (the building will not turn its back to the street): and

(ii) an urban design brief, full elevations and a landscape plan will be submitted as part of the site plan submission and further discussions and review may be necessary upon receipt of the document, noting the site plan submission will be reviewed by the Urban Design Peer Review Panel; and

the Civic Administration BE REQUESTED to review and address the cumulative traffic and resultant safety impacts in this area from both this application and development to the east of this property;

amended in line 3-of paragraph 4 by adding the word "to" after the word "prior". CARRIED

The motion to adopt clauses 10 to 12 and clause 13, as amended, is put and CARRIED.

Clauses 10 to 12 and clause 13, as amended, read as follows:

0. That, on the recommendation of the General Manager of Planning and levelopment, based on the application of 1781994 Ontario Limited relating to the roperty located at 267 Fanshawe Park Road West:

being pointed out that at the public participation meeting associated with this matter, th )Ilowing individuals made an oral submission in connection therewith:

R. Knutson, Knutson Planning - representing the applicant and noting that ther will be new discussions planned with the neighbourhood in the near future wit respect to a site plan on the subject property, that they have no concerns wit respect to the holding provisions, that there is no retail development proposed this site, and that as there is only a single point access planned for the locati with no impacts on any intersections, a traffic impact study is not necessary give that Transportation Division staff will be reviewing the application as well. G. Lightfoot, President, Old Masonville Ratepayers Association - representin Association and expressing their opposition to this application, as outline submission included in the Planning Committee Agenda as well as in the communication. (2009-Dl 1-06)

- 25

2. That the Civic Administration BE REQUESTED to review a potential cap n the gross floor area allowable for offices and related uses and to report back at a iture meeting of the Planning Committee.

3. That, on the recommendation of the General Manager of Planning and )evelopment, the following actions be taken based on the application of 1175 Hyde Park IC. relating to the properties located at 1 175 and 1205 Hyde Park Road:

1. That a demolition permit BE ISSUED to 1749261 Ontario Inc. (Sempecos) 3 demolish the residential building located at 267 Fanshawe Park Road West. (2009- )I 0-00)

the olloahnd revised proposed by-law BE INTRODUCED at the Municipal Council meeting on October 26, 2009 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan, to change the zoning of the subject lands FROM a Holding Restricted Service Commercial (h-I 7*RSC1(16)/RSC3/RSC5) Zone which permits a range of moderate intensity commercial uses, and trade service uses, which may require significant amounts of land for outdoor storage or building space and a location on major streets, and intensive light industrial uses with associated retail, wholesale or service functions TO a Holding Restricted Service Commercial (h- *h- *RSCl(IG)/RSC3/RSC4/RSC5/) Zone which permits the same range of uses with the addition of bake shops, day care centres, financial institutions, florist shops, personal service establishments, restaurant, and video rental establishments; it being noted that one holding provision has been included to ensure a Development Agreement associated with a site plan be entered into which addresses transportation, and stormwater management, the accepted recommendations of the Municipal Class EA on surrounding arterial roads have been incorporated into the site plan, all to the satisfaction of the Municipal Council, and all with the exception of the existing permitted uses and a day care centre use, and a second holding provision has been included to ensure noise mitigation measures are implemented as outlined in an approved noise study; and

pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN with respect to the proposed by-law;

(i) in the first paragraph of part 1) of the by-law, third sentence, by deleting the words, "sanitary servicing concerns";

in the first paragraph of part 1) of the by-law, fifth sentence, by deleting the word "implemented and replacing it with "established";

in the first paragraph of part 1) of the by-law, by amending the sentence following Permitted Interim Uses: to read: "Existing permitted uses and a daycare centre, all within the existing building"; and

(ii)

(iii)

being noted that the Planning Committee requested staff to review wording relating to ie requirement for the accepted recommendations of the Municipal Class EA on urrounding arterial roads to be implemented prior to the Municipal Council meeting on ktober 26, 2009, and to incorporate amended wording to the by-law and ?commendation, if warranted;

being pointed out that at the public participation meeting associated with this matter, the )Ilowing individual made an oral submission in connection therewith:

L. Kirkness, Kirkness Consulting Inc. - representing the applicant and expressing support for the staff recommendation but requesting the following amendments to the by-law relating to the holding provisions:

(iv) in the second paragraph of the by-law, in the second sentence, by the words "the approved noise assessment report" and therefor the words, "an approved noise assessment report". (2009-Dl 1 06)

Councillor Baechler moves that clauses 14 to 16, inclusive, be adopted. CARRIED

Clauses 14 to 16 read as follows:

- 26 -

4. That, notwithstanding the recommendation of the General Manager of 'lanning and Development, the Civic Administration BE REQUESTED to bring forward a 'roposed by-law for consideration at the November 2, 2009 meeting of the Planning iommittee to allow for the proposed use as submitted in the application of Michael lurphy, relating to the property located at 306 Ashland Avenue, and to include a squirement for a site plan with respect to the establishment of a new parking lot, as well s a requirement for the installation of a privacy fence between the parking lot and the djacent property located at 308 Ashland Avenue;

being pointed out that at the public participation meeting associated with this matter, the illowing individual made an oral submission in connection therewith:

L. Kirkness, Kirkness Consulting Inc. - representing the applicant and noting that the subject site is a head office for a growing, successful company that employs 15-20 people and requires more space for parking and loading, that the expansion will have minimal impact on the neighbourhood given the support from the adjacent neighbour at 308 Ashland Avenue and the fact that the area has been a mix of residential and commercial uses for some time; further noting that the expanded parking area would include in tandem spaces for employees arriving and leaving at the same time in order to keep the area to the minimum required;

being noted the Planning Committee received and noted the ntLonhpd communication ated October 15, 2009 from J. and S. Wood, 308 Ashland Avenue expressing their upport for the application on the condition a privacy fence is installed between their 'roperty and the proposed parking lot. (2009-Dl 1-05)

the Approval Authority BE ADVISED that there were no issues raised by the public at the second public meeting held in connection with the proposed draft plan of residential subdivision, as submitted by Sifton Properties Limited (File No. 39T-08506 prepared by C. Murray Fraser (Project No. 1638-01 141 Drawing No. DPI), dated August 14, 2008, relating to properties west of and abutting Plan 33M-482 - being 1780 Commissioners Road West and 1788 Sumac Way, as red- line amended, which shows 11 single detached residential lots, one block for future multi-family, medium density residential development, 2 park blocks, and one block for future low density residential development, served by one local

5. That, on the recommendation of the General Manager of Planning and )evelopment, the following actions be taken with respect to the application of Sifton 'roperties Limited relating to the property located at 1780 Commissioners Road Wes nd 1788 Sumac Way:

the Approval Authority BE FURTHER ADVISED that the following comments were raised at the public participation meeting of the Planning committee held on December 8, 2008 with respect to the application for draft plan of subdivision, the red lined changes and associated proposed conditions of draft approval:

M. Zunti, Sifton Properties Limited - representing the applicant and thanking staff for processing this application so quickly, expressing a number of concerns and requesting the application be deferred until they have further discussions with staff to resolve the following issues:

(i) the use of excessive holding provisions on the R5 and R6 Zone; (ii) h-80 is unnecessary as development cannot occur until servicing is

available; (iii) h-71 will limit the flexibility of the development as there are significant

topographical constraints on the site as well as an easement; (iv) h-82 is not required as the proposal exceeds the minimum frontage; (v) conditions 18 and 19 of the draft plan are similar and could be consolidated

as one condition; (vi) conditions 15 and 23 are redundant given the h-80 provision; (vii) conditions 33, 35, 41 and 68 are not clear; (v i ) condition 30 is already accomplished by condition 10; and (ix) conditions 40 and 42 have no reference to claimability; and

D. Sheppard, Chair, Environmental and Ecological Planning Advisory Committee (EEPAC) - noting that while the EEPAC comments have been included in the staff report, it is not clear as to whether compensation for the trees that were

street, together with the proposed conditions contained in the sAt#&d Appendix "39T-08506-1 ' I ;

- 27 -

required to be removed at the entranceway to the park block has taken place, and suggesting that as the park block is not vegetated, this would be a logical place to plant trees;

the proposed by-law nllpnhnd hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting on October 26, 2009 to:

(i) to amend Zoning By-law No. Z.-1 (in conformity with the Official Plan) to change the zoning of the subject lands FROM an Urban Reserve (UR3) Zone and a holding Residential R6 Special Provision (h.R6-5(13)) Zone TO:

a holding Residential R1 (h*RI-5) Zone and a holding Residential R1 (h-h-82.R1-5) Zone to permit single detached dwellings on lots with a minimum lot frontage of 12 metres (39.4 ft) and minimum lot area of 415 square metres (4,467 sq ft);

an Urban Reserve UR Special Provision (UR3( )) Zone which permits such uses as agriculture, conservation lands, passive recreation, kennels, and private outdoor recreation clubs, together with a special provision for a minimum lot frontage of 18 metres (59 ft.) and a minimum lot area of 1.7 hectares (4.2 acres);

an Open Space (0%) Zone to permit conservation lands and passive recreational uses;

to amend Zoning By-law No. Z.-l, (in conformity with the Official Plan), to change the zoning affecting a portion of lands outside the southerly limits of the draft plan of subdivision and along the northerly edge of Hickory Woods FROM an Urban Reserve (UR3) Zone TO an Open Space (0%) Zone:

it being noted that the Holding (h and h-82) Provisions recommended in part (i) above will ensure that a subdivision agreement is entered into and that full municipal services are available, and ensure that any part blocks intended for future residential development are developed in conjunctio with adjacent lands;

the request to amend Zoning By-law No. Z.-1 to change the zoning of the subjec property from an Urban Reserve (UR3) Zone and a holding Residential Rl Special Provision (h.R6-5(13)) Zone to a Residential R5IResidential R6 (R5-4/RE 5) Zone and an Open Space Special Provision (OSl( )) Zone with a speci; provision for a minimum lot area of 200 square metres (2,152.8 sq ft) BI REFUSED for the following reasons: that, with respect to the proposed mediur density residential Block 13, building orientation and noise attenuation concern for this block adjacent Oxford Street West have not been resolved and until sucl time as a development proposal is brought forward which addresses thess concerns, an Urban Reserve zone variation should be applied; and, with respec to the proposed open space Blocks 14 & 15, the zoning should be consistent wit1 the OS5 zone variation existing on the adjacent open space lands to the soutk and

the applicant BE ADVISED that the General Manager of Environmental Engineering Services & City Engineer has projected the following claims an1 revenues information:

(ii)

ESTIMATED IMPACT OF SUBDIVISION ON RESERVE FUNDS AND CAPITAL 'ORKS BUDGET UNDER DC BY-LAWIMPLEMENTED AUGUST 4.2009 WITH RAT1

CHANGE Di

Urban Works General Reserve Fund ,

Stormwater Management Subtotal

:ERRED UNTIL JANUARY 1,2010. Estimated Estimated Estimated Estimated Revenue I Claims Net lmmct Year Of

Payment $98,716 00 , ($30,400 00) $68,316 00

$43,834 00 ~ Nil $43,834.00

$142,55000 ($30,40000) $112,15000 , City Services 1 Servicing * $574,746.00 Nil $574,746.00 ! 2012

~ Reserve Fund

- 28 -

City Services Other l $63,861.00 ~

Reserve ~ Growth Fund i Works . ~

Catholic ~ $21,091.00 School Board Charge !

Capital i Nil Nil Works I

Budget lndustrlal ~

~ Oversizing ,' Reserve

Fund Refers to Road, Sewer (Sanitary & Storm), Stormwater Management Facilities and Watt Services

Nil Nil I

3TE:

1) ESTIMATES ARE CALCJ-ATE0 USING CURRENT RATES AN0 TrlE INFORMATION IS REPORTED AL- I ACCORDANCE WITH THE DEVELOPMENT CrlARGES AN0 dRBAN WORKS FUND BY-LAW (IE C P -147 212). A h 0 ANY AMENDMENTS THERETO ANY CLAIM PAYMENT FROM TrlE JRBAN WORKS RESERV FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P.-1473-212 AN0 AS APPROVED BY THE C I l ENGINEER.

2 , ESTIMATES ARE BASE0 ON INFORMATION PROV DE0 BY ThE APPL CANT AND AMENDE0 AS PER TI. NEW BY-LAW TrlEY 00 NOT CONST TUTE ANY COMMITMENTS ON BEHA-F OF ThE CITY OF -Oh001 ACTUAL CLAIMS W LL BE DETERMINED IN CONJUNCTION WITH THE SUBOlVlS ON AGREEMENT AN THE BY-LAWS. AN0 THE BY-LAWS AT THAT TIME.

THE OWNER SHOULD TAKE NOTE THAT THERE ARE CURRENTLY SIGNIFICANT DELAYS IN PAYMEh OF CLAIMS FROM THE URBAN WORKS RESERVE FUND.

ACTUAL REVENUES ARE DETERMINED IN CONJUNCTION WITH BUILDING PERMIT

3)

being pointed out that at the public participation meeting associated with this matter, th illowing individual made an oral submission in connection therewith:

M. Zunti, Sifton Properties Limited - representing the applicant and expressin support for the staff recommendation. (2009-Dl 1-07)

5 . That, on the recommendation of the General Manager of Planning an evelopment, the following actions be taken with respect to the site plan approvi )plication of Medallion Properties Inc. relating to the property located at 704 King Stref ormerly 725, 729 Dundas Street, 704, 738 King Street, 380,382 Lyle Street and 38; 39, 391 Hewitt Street):

the nllpr?hod site plan, landscape plan, building elevations and developmer agreement clauses for two residential apartment buildings and commercii buildings BE APPROVED, subject to approval of the site servicing plans;

an Open House BE HELD in the Old East area to present the building elevation for the commercial building located at 725 Dundas Street before the site pla agreement is amended to add the building elevations;

the following clause BE ADDED to the development agreement special provisio clauses:

"(ix) Prior to the construction of the new building at 725 Dundas Street, the owne agrees to apply to amend the site plan and receive approval for the buildin' elevations for this building and agrees to amend this agreement by adding ne\ schedules to this agreement as they may pertain to this building";

the applicant BE ADVISED of the following claims and revenues information:

Estimated Revenue

Estimated Claims

Urban Works Reserve NIL NIL Fund

Other Reserve Funds NIL NIL (City Services & Hydro)

RCSB $227,400 NIL

TOTAL $227,400 NIL

ite: this area is exempt from development charges;

being pointed out that at the public participation meeting associated with this matter, thi

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17. That, on the recommendation of the General Manager of Planning an' Development, the following actions BE TAKEN with respect to the site plan approvz application of 1705820 Ontario Limited (A. Soufan) relating to the property located at 67 and 679 Wharncliffe Road South:

(a) the e4h&ad site plan, landscape plan, building elevations and developmer agreement clauses for a Mini-Warehouse development BE APPROVED, subjec to the approval of the site servicing; and

the applicant BE ADVISED of the following claims and revenues information: (b)

Illowing individuals made an oral submission in connection therewith:

B. Blackwell, Stantec Consulting and A. Bernstein, Page and Steel Architects - representing the applicant and expressing support for the staff recommendation and thanks to staff, the Community Association and the Old East Village Busines! Improvement Area for their assistance in moving foward such an exciting project providing an overview of the site and elevations as well as the timelines tht project has followed; noting there will not be a second pedestrian access tc Dundas Street at this time, and that the open space existing will be fenced off witt a wrought iron fence up to the existing easement to the east, that there is ar application for 100 affordable housing units for this site which have not yet beer approved, that they will be constructing a garbage enclosure which will alsc accommodate a bin for the Unity Project, and that the garbage bin locate( adjacent to the residential building owned by the London Cross Cultural Centre will only be placed outdoors on garbage collection day in order to minimize an! adverse impact on the tenants. G. Thompson, President, Old East Village Community Association - representin( the Association and expressing their support for the project and their appreciatior to the applicant for involving the community during the early stages, and inquirin! as to whether there will be a second pedestrian access to Dundas Street. P. Singeris, Treasurer, Old East Village Business Improvement Area - representing the Old East Village BIA on behalf of S. Merritt, Manager, anc expressing their full support for the project, and inquiring as to whether a seconc pedestrian access is planned for Dundas Street. S. Langer, Unity Project - noting that the applicant has made it very easy to be i neighbour to such a large demolition project and expressing thanks for havin( their garbage pickup accommodated by the applicant during the process; an( enquiring as to where their permanent garbage collection area will be once thc process is complete. London Cross Cultural Learner Centre - expressing concern with respect to thc location of a garbage collection bin adjacent to a residential property they owr and use to house Refugees, and how that might impact their quality of life as i result of odours and noise;

being noted that the Planning Committee received and noted a communication date( eptember 23, 2009 from G. Thompson, President, Old East Village Communit! ssociation with respect to this matter. (2009-D25-00)

Estimated Estimated Revenue Claims

prban Works Reserve Fund $ NIL $ NIL

Other Reserve Funds (City Services & Hydro) $ NIL $ NIL

$ NIL $ NIL

- 30 -

18. That, notwithstanding the recommendation of the General Manager 1

Environmental & Engineering Services & City Engineer, the Report with respect to tk matter of potential residual sewage treatment capacity in the Southland Pollution Contr Plant BE REFERRED back to staff to have further discussions with the relevai stakeholders and to provide a report back within 45 days to the Planning Committee (P( with the results of these discussions, as well as the 2008 study prepared by Sprig Associates London Limited entitled, "Report on Southland Pollution Control Plant Sewag Treatment Capacity";

it being noted the PC heard a verbal delegation from A. Soufan, representing 16402C Ontario Ltd. (York Developments) and providing a chronological summary of the even surrounding this matter; noting they acknowledge the capacity may not be theirs but doc not belong to Lambeth Meadows Partnership either, that the Thames Valley Scho Board should receive capacity, and requesting that the matter be referred back one mol time to allow for additional discussions. (2009-W06-00)

19. That, the application of Barry Molloy relating to the property located at Holiday Avenue BE REFERRED to staff to initiate an Official Plan amendment for Special Policy Area for this property, and surrounding properties, in order to address t t larger issues of land use in the area, and to report back at a future meeting of t t Planning Committee (PC);

it being noted the PC received and noted a Municipal Council resolution adopted at i meeting held on October 5, 2009 with respect to this application. (2009-D11-05)

20. That a demolition permit BE ISSUED to L. Kraft and S. Kraft to demolis the residential buildings located at 205 and 207 Adelaide Street North. (2009-D10-00)

21. That a demolition permit BE ISSUED to 1803244 Ontario Inc. to demolis the residential building located at 199 Horton Street East. (2009-D10-00)

22. That a demolition permit BE ISSUED to Z Group to demolish t t residential building located at 1129 Adelaide Street North and information pertaining ' development of the demolition site BE REFERRED to staff for appropriate review. (ZOO!

23. That the following actions be taken with respect to the application I: I096533 Ontario Limited for a demolition permit to demolish the residential buildir located at 338 Boler Road:

(a) the application BE DEFERRED;

(b) the applicant BE REQUESTED to attend the November 2, 2009 Plannir Committee meeting to provide additional information with respect to their futut plans for the property; and

(c) the tenant of this property BE ADVISED of the Planning Committee's actions wii respect to this matter. (2009-D10-00)

24. That the Scoutrees and their community partners' tree planting campaig along Veterans Memorial Parkway BE SUPPORTED with the following by the City I

London:

(a) (b) (c)

(d) (e) (f) (9) (h) ongoing support as necessary.

DIO-00)

a copy of the master plan as adopted by Council including project details; mulch and access to bulk water; assistance in sourcing a supplier(s) with trees, planting materials, equipment an training; equipment and support for planting larger trees; assistance with promotion of the project from Corporate Communications; recognition of sponsors and volunteers; letters of support for the campaign; and

it being pointed out that at the public participation meeting associated with this matter, t t ollowing individual made an oral submission in connection therewith:

I 0 A. Soufan, Applicant - expressing support for the staff recommendation. (ZOO! D25-00)

25. That the Planning Committee received and noted an information report from the General Manager of Planning and Development with respect to the Ministry of the Environment's position as to whether a Class EA Amendment is required for the Fox Hollow draft plan and subsequent steps to progress development in this corridor.(2009-

26. That Councillor S. E. Eagle disclosed a pecuniary interest in clause 2 of this report by indicating that the applicant is a member of the congregation for whom she is a Minister.

D14-00)

~ _ _ _ _ _ ~ ~

27TH REPORT OF THE COMMITTEE OF THE WHOLE

Deputy Mayor Gosnell presents the 27th Report of the Committee of the Whole.

Deputy Mayor Gosnell moves that clause 1 be adopted. CARRIED Clause 1 reads as follows:

364

That the following actions be taken with respect to the &e&w resentation by C. Hounsell, Chair, London Economic Development Corporation (LEDC ioard and P. White, Chief Executive Officer, LEDC, pertaining to London Strategic conomic Initiatives:

the priority of initiatives BE ENDORSED;

the Civic Administration and the LEDC BE REQUESTED to complete thf necessary reports to assist the Municipal Council in determining and implementin! the appropriate next steps, with consideration being given to, among othe matters:

(i) the impending Downtown Master Plan and the work of the Downtown Tasl Force;

the concept of a broader "Southwestern Ontario Transportation Maste Plan";

the development of a structural plan and other transportation components such as transit and high speed rail;

relevant business plans and engineering studies; and

industrial land supply and demand.

(ii)

(iii)

(iv)

(v)

The Chair directs that clause 2 of Section I 1 be noted. Clause 2 reads as follows:

2. That Councillor Branscombe disclosed a pecuniary interest in any discussions pertaining to the London International Airport as her spouse owns and operates a business adjacent to the Airport.

28TH REPORT OF THE COMMITTEE OF THE WHOLE

365 PRESENT: Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, W. J. Armstrong, B. R. MacDonald, S. Orser, J. L. Baechler, P. Hubert, S. E. Eagle, P. M. Van Meerbergen, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and L. M. Rowe. (Acting City Clerk).

ALSO PRESENT: J. A. Fielding, V.A. Cote, R. L. Fair, P. McNally, R. Panzer, S. Bahm, J. P. Barber, J. Braam, E. Gamble, K. Graham, M. Hayward, J. Hobbs, G.T. Hopcroft, M. T. Hughes, T. A. Johnson, B. Kawa, D. Kitterman, J. Kobarda, D. Leckie, L. Livingstone, L. Marshall, V. McAlea Major, D. O'Brien, J. Purser, R. Sanderson, M. Spencer- Golovchenko, R. Standish, J. Stanford, L. Stevens, M. Turner, B. Westlake-Power.

1. That the 2008 Annual Report of the London & Middlesex Housing Corporation and the presentation by U. Filice, General Manager and Chief Executive Officer of the London & Middlesex Housing Corporation BE RECEIVED.

2. That, on the recommendation of the General Manager of Finance and Corporate Services and Acting City Treasurer:

:a) the attached proposed by-law (Appendix "A) BE INTRODUCED at the Municipal Council Meeting to be held on October 26, 2009, to:

(i) ratify and confirm the Resolution of the Shareholder attached as Schedule "1" to the by-law;

authorize the Mayor and Acting City Clerk to execute the Resolution o the Shareholder attached as Schedule "1" to the by-law;

(ii)

(b) the Municipal Council's position that Social Housing rents should be changed to the maximum shelter allowance used in the private sector, rather than the legislated rent scales, in order to reduce the subsidy required from the local property tax base and move the funding from 100% municipal to an 80120 cost share, which is more reasonable for an income redistribution program, BE REITERATED to the Province of Ontario; and

the Board of Control BE REQUESTED to consider the merits of "billing" the Province for Social Housing costs that have had to be borne by the local property tax base due to current legislated rent scales.

(c)

8TH REPORT OF THE SERVICES REVIEW COMMITTEE

366 Councillor Caranci presents the 8th Report of the Services Review Committee

Councillor Caranci moves that clauses 1 and 2 be adopted. CARRIED Clauses 1 and 2 read as follows:

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1. That, notwithstanding that mental health care is a Provincial responsibility, the General Manager of Community Services BE REQUESTED to report back to the Services Review Committee (SRC), in consultation with appropriate takeholders including, but not limited to, the Middlesex-London Health Unit and the

London & Middlesex Housing Corporation with respect to initiatives, actions, information and lobbying of upper levels of government, related to mental health issues and individuals' care.

2. meeting of the Services Review Committee (SRC) with respect to additional information, impacts, resources and a possible implementation plan specific to the Finance Division as it relates to the possible restructuring of the Finance & Corporate Services Department, utilizing either Option " A or Option " B (separate Finance and Corporate Services Departments) as presented in the information report from the General Manager of Finance & Corporate Services and Acting City Treasurer and the

That the Civic Administration BE REQUESTED to report back at a future

The Chair directs that clauses 3 to 6, inclusive, of Section II be noted. Clauses 3 to 6 read as follows:

inance & Operations Manager, Middlesex-London Health Unit, related to the 201

ceived the ottonknd excerpt of the 'Ontario Public Health Standards 2008'.

That the Services Review Committee (SRC) received copies of the 2010 014 Business Plans for the Finance & Corporate Services Division (Category IO); i eing noted that the business plans for the City Clerks Division were not circulated, i rder to allow for the plans to be reviewed by the new City Clerk prior to review by th

That the Services Review Committee (SRC) passed the followin solution prior to moving in camera from 10:35 a.m. to 10:42 am.:

hat the Services Review Committee move in camera to consider personal matt bout identifiable individuals, who are municipal employees, as they relate to t ossible restructuring of the Finance and Corporate Services Department and xecutive functions."

SRC is submitting a confidential report to the Municipal Council regarding this tter. (See Confidential Appendix to the 8th Report of the Services Review Committee

nclosed for Council Members only.)

That the Services Review Committee (SRC) will meet on October 6,

9TH REPORT OF THE SERVICES REVIEW COMMITTEE

367 Councillor Caranci presents the 9th Report of the Services Review Committee.

Councillor Caranci moves that clause 1 be adopted. CARRIED Clause 1 reads as follows:

1. That the Civic Administration BE REQUESTED to consult with applicable stakeholders including, but not limited to, the London Convention Centre Corporation, London Economic Development Corporation, Tourism London, London Health Sciences Centre, University of Western Ontario and Fanshawe College, and report back to the Services Review Committee with respect to the following:

(a) an overview of the current practices and the potential functionality of a strong, combined presence in Toronto, specific to governmental lobbying, such report to include background information, potential outcomes, sources of financing and project measurables; and,

' (b) additional information and feedback related to common, collective messaging (branding) for London as a whole.

2. following Economic Prosperity 2010-2014 Business Plans:

(a)

That the Services Review Committee (SRC) reviewed and received the

Tourism London, presented by D. Harvey, President and J. Winston, General Manager;

(b) London Convention Centre Corporation, presented by L. DaSilva, General Manager, B. Holme, Manager, Finance 8. Administration, and M. Crowley, Chair, Board of Directors; and,

London Economic Development Corporation, presented by P. White. (c)

3. That the Services Review Committee (SRC) received the Category 10, Finance and Corporate Services 2010 - 2014 Business Plans; it being noted that presentations with respect to these service areas will be scheduled for upcoming meetings of the SRC and will be focused on the financial services first.

4. from B. Winther, M. Hayward and M. Hughes with respect to a recent meeting with similar-sized municipalities that are undergoing, or considering, a services review andlor service-based budgeting.

That the Services Review Committee (SRC) received a verbal update

10TH REPORT OF THE SERVICES REVIEW COMMITTEE

1. That the Civic Administration BE REQUESTED to report back at a future meeting of the Services Review Committee (SRC) with respect to the following matters dated to the Provincial Offences Court Administration:

(a) statistical information to support the need for the Province to appoint additional Justices of the Peace, in order for the Municipal Council to petition the Province to do so;

(b) further information, including potential efficiencies, related to the recommendation to provide "one service window" at the Courts Administration offices for all Provincial Offences, including parking, with such report to address physical and administrative collaboration;

a financial analysis of the Provincial Offences Court Administration operation, since the service was downloaded from the Province;

additional information related to the collection of outstanding fines; it being noted that the SRC would like this statistic to be a benchmarWperformance measure that could be monitored over time: and,

a summary report and a copy of the Streamlining Paper related to the Court Administration;

(c)

(d)

(e)

it being noted that following consideration of the above-noted reports, the SRC may request some or all of these issues to be discussed at a future meeting of the Board of Control with the Members of the Legislative Assembly of Ontario; it being further noted that the SRC received a verbal presentation from the Manager of Provincial Offences Court Administration with respect to the 2010-2014 Business Plan.

2. Teeting of the Services Review Committee (SRC), prior to the consideration of the 2010 budget, with respect to the impending payrolllfinance software update, such report

That the Civic Administration BE REQUESTED to report back at a future

368 Councillor Caranci presents the 10th Report of the Services Review Committee.

Councillor Caranci moves that clauses 1 and 2 be adopted. CARRIED Clauses 1 and 2 read as follows:

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3. That the Services Review Committee (SRC) deferred consideration of the 2010-2014 Business Plans for Capital Costs & Contingencies (10.4.1), Corporate Revenues (10.4.2) and Financial Planning & Reporting (10.4.3) to the next meeting of the SRC.

4. from the Director of Financial Planning & Policy and Acting Deputy City Treasurer with respect to the potential restructuring of the Finance and Corporate Services Department.

5. That the next meeting of the Services Review Committee (SRC) will be held on Monday, October 26, 2009, at 11:30 a.m.

That the Services Review Committee (SRC) received a verbal update

to address additional information related to system requirements, available options, strategic points of the process and a timeline for the project as a whole; it being noted that the SRC received a verbal presentation from the Manager of Payroll Systems and Development with respect to the 2010-2014 Business Plan.

EMERGENT MOTION

369 Councillor Caranci moves, seconded by Controller Polhill, that pursuant to section 18.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion with respect to accelerating the growth of a strong and vibrant economy and fostering private sector investment in the city. CARRIED

Councillor Hubert moves, seconded by Councillor Caranci that:

WHEREAS The Corporation of the City of London is committed to creating an environment for a resilient, diversified and inclusive economy;

WHEREAS the goal is to accelerate the growth of a strong and vibrant economy and foster private sector investment in the city;

WHEREAS the London Census Metropolitan Area has the second highest level of unemployment in the country;

WHEREAS self employment offers significant openings for individuals to create economic opportunity and sustain their families;

WHEREAS the Ontario Self Employment Benefit Program (OSEBP) offered through the London Small Business Centre has been suspended as a result of provincial funding cutbacks; and

WHEREAS the development and launch of new small businesses will be critical to the future economic development of our city and region;

THEREFORE BE IT RESOLVED THAT:

(a) the Civic Administration BE DIRECTED to assist the Small Business Centre in their efforts to re-establish the OSEBP and engaging the various partners and service delivery agencies; the Mayor BE REQUESTED write to the Minister of Training, Colleges and Universities, the Honourable John Milloy, requesting the reestablishment of a revitalized self employment benefit program in consultation with the various local partners and service delivery agencies;

(c) the Civic Administration BE DIRECTED to forward this resolution to Association of Municipalities of Ontario and area Members of Provincial Parliament; and this matter BE PLACED on the agenda of the next Board of Control meeting with the area Members of Provincial Parliament. CARRIED

Councillor Baechler moves, seconded by Councillor Miller, that the Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

(b)

(d)

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(a) a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition;

a matter pertaining to the security of the information systems of The Corporation of the City of London;

a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of the Corporation's associations or unions and advice which is the subject of solicitor client privilege: and

a matter pertaining to personal matters about identifiable individuals, who are municipal employees, as they relate to the possible restructuring of the Finance and Corporate Services Department and its executive functions. CARRIED

(b)

(c)

(d)

The Council rises and goes into the Committee of the Whole, in camera, at 8:08 p.m. with Deputy Mayor Gosnell in the Chair and all Members present except Councillors Branscombe, Lonc and MacDonald.

Controller Polhill leaves the meeting at 8:08 p.m

Controller Polhill enters the meeting at 8:09 p.m

The Committee rises and Council resumes in regular session at 8.10 p.m. with Mayor DeCicco-Best in the Chair and all Members present except Councillors Branscombe, Lonc and MacDonald.

29TH REPORT OF THE COMMITTEE OF THE WHOLE

PRESENT: Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, W. J. Armstrong, S. Orser, J. L. Baechler. P. Hubert, S. E. Eagle, P. M. Van Meerbergen, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and L. M. Rowe (Acting City Clerk).

ALSO PRESENT: J. A. Fielding, V. A. Cote, R. L. Fair, P. McNally, R. Panzer, J. P. Barber, M. Hayward, G. T. Hopcroft, T. A. Johnson, J. Kobarda, V. McAlea Major, J. Purser. R. Sanderson and B. Westlake-Power.

370

I

1. considering the following:

(a)

YOUR COMMITTEE OF THE WHOLE REPORTS:

That the Committee of the Whole met, in camera, for the purpose of

a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications

- 37 - necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition;

a matter pertaining to the security of the information systems of The Corporation of the City of London;

a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of the Corporation's associations or unions and advice which is the subject of solicitor client privilege; and

a matter pertaining to personal matters about identifiable individuals, who are municipal employees, as they relate to the possible restructuring of the Finance and Corporate Services Department and its executive functions.

Deputy Mayor Gosnell presents the 29th Report of the Committee of the Whole

The Chair directs that clause 1 of Section I be noted

(b)

(c)

(d)

BY-LAWS

371 Councillor Hubert moves, seconded by Councillor Miller, that the following Bills be introduced:

Bill No. 435 By-law No. A.-6432-321

A by-law to authorize and approve a Service Level Agreement between The Corporation of the City of London and London Hydro Inc. regarding water meter reading, billing, collection and customer service for the City's water and sewer accounts services and to authorize the Mayor and Acting City Clerk to execute the agreement. (13/25/BC)

A by-law to authorize an Agreement between The Corporation of the City of London and Wonderland Power Centre Inc; and to authorize the Mayor and Acting City Clerk to execute the Agreement. (14/25/BC)

A by-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Habitat for Humanity London Inc, for the disposition of property located at 183 Springbank Drive AND part of 181 Springbank Drive, and to authorize the Mayor and Acting City Clerk to execute the Agreement. (15/25/BC)

A by-law to approve an increase in the per diem rate for board and lodging paid to domiciliary hostels. (1/16/CPSC)

Bill No. 436 By-law No. A.-6433-322

Bill No. 437 By-law No. A,-6434-323

Bill No. 438 By-law No. A,-6435-324

- 38 -

Bill No. 439 By-law No. A,-6436-325

A By-law to authorize and approve an Agreement between The Corporation of the City of London and Her Majesty the Queen in Right of Ontario as represented by the Minister of Municipal Affairs and Housing for funding with respect to the Rent Bank Program; to authorize the Mayor and Acting City Clerk to execute the agreement: to confirm that the City's Local Rules for the use of the Program Funding are in compliance with the agreement and purpose of the Program; and to delegate authority to the General Manager of Community Services. (2/16/CPSC)

Bill No.440 A by-law to appoint Lynne Livingstone (Director of By-law No. A,-6437-326 Neighbourhood & Children's Services) as

Administrator pursuant to the Day Nurseries Act. (4/16/CPSC)

Bill No. 441 A by-law to amend the Official Plan for the City of By-law No. C.P.-1284(qd)- London, 1989 relating to 5044 Wellington Road South 327 and 2889 Westminster Drive. (9/24/PC)

Bill No. 442 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. 2.-1-091893 of land located at 6348 Glanworth Drive. (4/24/PC)

Bill No. 443 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. 2.-1-091894 of land located at 400 Sugarcreek Trail. (8/24/PC)

Bill No. 444 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. Z.-1-091895 of land located at 5044 Wellington Road South.

(9/24/PC) Bill No. 445 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. 2.-1-091896 of land located at 267 Fanshawe Park Road West.

(1 0124lPC)

Bill No. 446 By-law No. Z.-1-091897

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 11 75 and 1205 Hyde Park Road. (1 3/24/PC)

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1780 Commissioners Road West and 1788 Sumac Way; and a portion of lands south of 1780 Commissioners Road West along the northerly edge of Hickory Woods. (15/24/PC)

A by-law to ratify and confirm the annual Resolutions of the Shareholder of London & Middlesex Housing Corporation. (1/28/CW)

Bill No. 447 By-law No. 2.-1-091898

Bill No. 448 By-law No. A,-6438-328

CARRIED

First Reading:

Councillor Caranci moves, seconded by Councillor Miller, that Bill No.'s 431 to 448, inclusive, be read a first time. CARRIED

Second Reading:

Councillor Caranci moves, seconded by Councillor Miller, that Bill No.'s 431 to 448, inclusive, be read a second time. CARRIED

Third Reading:

Councillor Usher moves, seconded by Councillor Orser, that Bill No.% 431 to 448, inclusive, be read a third time and be finally passed and enacted as by-laws of The Corporation of the City of London, namely:

Bill No. 431 A by-law to confirm the proceedings of the Council By-law No. A.-6431-317 Meeting held on the 26'h day of October, 2009. (Acting

City Clerk)

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Bill No. 432 By-law No. S.-5224-318

Bill No. 433 By-law No. S.-5225-319

Bill No. 434 By-law No. S.-5226-320

Bill No. 435 By-law No. A.-6432-321

Bill No. 436 By-law No. A.-6433-322

Bill No. 437 By-law No. A.-6434-323

Bill No. 438 By-law No. A.-6435-324

Bill No. 439 By-law No. A.-6436-325

Bill No.440 By-law No. A.-6437-326

Bill No. 441 By-law No. C.P.- 1284(qd)-327

Bill No. 442 By-law No. Z.-1-091893

Bill No. 443 By-law No. 2.-1-091894

Bill No. 444 By-law No. Z.-1-091895

A by-law to permit London Forks Limited to maintain and use an encroachment upon the road allowance for King Street and Ridout Street, City of London. (City Solicitor)

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway. (As widening to Glanworth Drive, east of Bradish Road) (Chief Surveyor)

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As widening to Adelaide Street North, north of Victoria Street) (Chief Surveyor)

A by-law to authorize and approve a Service Level Agreement between The Corporation of the City of London and London Hydro Inc. regarding water meter reading, billing, collection and customer service for the City's water and sewer accounts services and to authorize the Mayor and Acting City Clerk to execute the agreement. (1 3/25/BC)

A by-law to authorize an Agreement between The Corporation of the City of London and Wonderland Power Centre Inc; and to authorize the Mayor and Acting City Clerk to execute the Agreement. (14/25/BC)

A by-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Habitat for Humanity London Inc, for the disposition of property located at 183 Springbank Drive AND part of 181 Springbank Drive, and to authorize the Mayor and Acting City Clerk to execute the Agreement. (15/25/BC)

A by-law to approve an increase in the per diem rate for board and lodging paid to domiciliary hostels. (I/IG/CPSC)

A By-law to authorize and approve an Agreement between The Corporation of the City of London and Her Majesty the Queen in Right of Ontario as represented by the Minister of Municipaf Affairs and Housing for funding with respect to the Rent Bank Program; to authorize the Mayor and Acting City Clerk to execute the agreement; to confirm that the City's Local Rules for the use of the Program Funding are in compliance with the agreement and purpose of the Program; and to delegate authority to the General Manager of Community Services. (211 6/CPSC)

A by-law to appoint Lynne Livingstone (Director of Neighbourhood & Children's Services) as Administrator pursuant to the Day Nurseries Act. (4/16/CPSC)

A by-law to amend the Official Plan for the City of London, 1989 relating to 5044 Wellington Road South and 2889 Westminster Drive. (9/24/PC)

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 6348 Glanworth Drive. (4/24/PC)

A by-law to amend By-law No. 2.-1 to rezone an area of land located at 400 Sugarcreek Trail. (8/24/PC)

A by-law to amend By-law No. 2.-1 to rezone an area of land located at 5044 Wellington Road South. (9/24/PC)

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Bill No. 445 By-law No. 2.-1-091896

Bill No. 446 By-law No. Z.-1-091897

Bill No. 447 By-law No. Z.-1-091898

Bill No. 448 By-law No. A.-6438-328

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 267 Fanshawe Park Road West. (1 0/24/PC)

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1175 and 1205 Hyde Park Road. (1 3/24/PC)

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1780 Commissioners Road West and 1788 Sumac Way; and a portion of lands south of 1780 Commissioners Road West along the northerly edge of Hickory Woods. (15/24/PC)

A by-law to ratify and confirm the annual Resolutions of the Shareholder of London & Middlesex Housing Corporation. (1/28/CW)

CARRIED

ADJOURNMENT

372 Controller Polhill moves, seconded by Controller Barber, that the Meeting adjourn. CARRIED

The Meeting adjourns at 8:14 p.m.

Anne Marie DeCicco-Best, Mayor

Linda Rowe, Acting City Clerk