12
London COUNCIL PROCEEDINGS SECOND MEETING December 15 and 16,2003 CANADA The Council meets in Regular Session in the Municipal Offices this day at 500 p.m. 5. 6. 7. 8. 9. IO. 11. PRESENT: Mayor A. M. DeCicco, Deputy Mayor T. C. Gosnell, Controllers W. R. Monteith, W. J. Polhill and G. D. Hume and Councillors A. A. Chahbar, J. P. Bryant, J. L. Baechler, R. J. Alder, B. R. MacDonald, F. W. Tranquilli, W. J. Armstrong, R. Caranci, C. Miller, S. E. White, D. Winninger, H. L. Usher, S. E. Eagle and P. M. Van Meerbergen and K. Bain (City Clerk). At the beginning of the Meeting all Members are present. Her Worship the Mayor presents a plaque for “London’s Featured Company” to Paul Redman, Company President representing Accutech Design Limited, 441 Industrial Road. Her Worship the Mayor accepts greetings from London and Area Food Bank representative Jane Roy. DISCLOSURES OF PECUNIARY INTEREST Controller Hume discloses a pecuniary interest in clause 30 of the 1st Report of the Board of Control having to do with the Public Notice Policy by indicating that he is a shareholder in a local printing company. Councillor White discloses a pecuniary interest in clause 2 of the 1st Report of the Community and Protective Services Committee having to do with the Unity Project‘s request for additional per diem beds by indicating that her daughter is an employee of the Unity Project. Councillor White discloses a further pecuniary interest in clause 40 of the 1st Report of the Board of Control having to do with the appointment of a Council representative to the Children’s Aid Society Board by indicating that she is an employee of the Children’s Aid Society. Councillor Winninger discloses a pecuniary interest in clause 17 of the 1st Report of the Board of Control having to do with tenant water and sewer arrears by indicating that he is a landlord. Councillor Chahbar discloses a pecuniary interest in clause 17 of the 1st Report of the Board of Control having to do with tenant water and sewer arrears by indicating that he is a landlord. MINUTES Controller Polhill moves, seconded by Councillor MacDonald, that the Minutes of the 25th Meeting and 1st Meeting held on November 24, 2003 and December 1, 2003, respectively, be adopted. CARRIED 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. , COMMUNICATIONS t , The Chair directs that the actions suggested by the City Clerk with respect to Communication No.’s 1 to 6, inclusive, as identified on the Orders of the Day and on the Public Added Communications, as well as Communication No. I on the Confidential Added Communications be taken. . .

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Page 1: Londoncouncil.london.ca/CouncilArchives/Reports and Minutes/Council Minu… · shareholder in a local printing company. Councillor White discloses a pecuniary interest in clause 2

London

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

SECOND MEETING

December 15 and 16,2003

C A N A D A

The Council meets in Regular Session in the Municipal Offices this day at 500 p.m.

5.

6.

7.

8.

9.

I O .

11.

PRESENT: Mayor A. M. DeCicco, Deputy Mayor T. C. Gosnell, Controllers W. R. Monteith, W. J. Polhill and G. D. Hume and Councillors A. A. Chahbar, J. P. Bryant, J. L. Baechler, R. J. Alder, B. R. MacDonald, F. W. Tranquilli, W. J. Armstrong, R. Caranci, C. Miller, S. E. White, D. Winninger, H. L. Usher, S. E. Eagle and P. M. Van Meerbergen and K. Bain (City Clerk).

At the beginning of the Meeting all Members are present.

Her Worship the Mayor presents a plaque for “London’s Featured Company” to Paul Redman, Company President representing Accutech Design Limited, 441 Industrial Road.

Her Worship the Mayor accepts greetings from London and Area Food Bank representative Jane Roy.

DISCLOSURES OF PECUNIARY INTEREST

Controller Hume discloses a pecuniary interest in clause 30 of the 1st Report of the Board of Control having to do with the Public Notice Policy by indicating that he is a shareholder in a local printing company.

Councillor White discloses a pecuniary interest in clause 2 of the 1st Report of the Community and Protective Services Committee having to do with the Unity Project‘s request for additional per diem beds by indicating that her daughter is an employee of the Unity Project. Councillor White discloses a further pecuniary interest in clause 40 of the 1st Report of the Board of Control having to do with the appointment of a Council representative to the Children’s Aid Society Board by indicating that she is an employee of the Children’s Aid Society.

Councillor Winninger discloses a pecuniary interest in clause 17 of the 1st Report of the Board of Control having to do with tenant water and sewer arrears by indicating that he is a landlord.

Councillor Chahbar discloses a pecuniary interest in clause 17 of the 1st Report of the Board of Control having to do with tenant water and sewer arrears by indicating that he is a landlord.

MINUTES

Controller Polhill moves, seconded by Councillor MacDonald, that the Minutes of the 25th Meeting and 1st Meeting held on November 24, 2003 and December 1, 2003, respectively, be adopted. CARRIED

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.

,

COMMUNICATIONS t,

The Chair directs that the actions suggested by the City Clerk with respect to Communication No.’s 1 to 6, inclusive, as identified on the Orders of the Day and on the Public Added Communications, as well as Communication No. I on the Confidential Added Communications be taken.

. .

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ADDED REPORTS

12. The City Clerk submits the 2nd Report of the Board of Control and 2nd Report of the Community and Protective Services Committee. (See Reports attached)

REPORTS

13. Councillor Eagle moves, seconded by Councillor Winninger, that pursuant to section 5.3 of the Council Procedure By-law, the order of business be changed to permit consideration of clause I of the 2nd Report of the Community and Protective Services Committee having to do with funding additional emergency shelter per diem beds at the Unity Project at 530 p.m. CARRIED

IST REPORT OF THE BOARD OF CONTROL

14. Controller Manteith presents the 1 st Report of the Board of Control.

Controller Monteith moves that clauses 1 to 10, inclusive, be adopted. CARRIED

Controller Monteith moves that clause 11 be adopted.

Councillor Tranquilli moves, seconded by Councillor Miller, that clause 1 I be amended by deleting clause I 1 in its entirety and by substituting therefor the following new clause I 1 :

“That, notwithstanding the recommendation of the Acting General Manager of Finance and Corporate Services, the matter of a one-time allocation to the London Community Small Business Centre in the amount of $67,952 to cover its 2003 operating deficit BE REFERRED to the 2004 Budget process for consideration; it being noted that there will be no ongoing incubator deficit in 2004; it being further noted that the proposed Source of Financing for the proposed allocation is set out in the attached Sources of Financing Report.” CARRIED

The motion to adopt clause 1 I, as amended, is put and CARRIED.

Controller Monteith moves that clauses 12 and 13, be adopted. CARRIED

Controller Monteith moves that clause 14 be adopted.

Councillor Tranquilli moves, seconded by Councillor Caranci, that pursuant to section 5.3 of the Council Procedure By-law, the order of business be changed to permit Consideration of clause 34 of the 1st Report of the Board of Control having to do with the Corporate Renewal Program at the same time as clause 14 of the 1st Report of the Board of Control having to do with the Strategic Planning and- Council Term Goals Committee is considered. CARRIED

Councillor Tranquilli moves, seconded by Councillor Caranci, that Council reaffirm its commitment to the Corporate Renewal Program and of continuing with any implementation steps that are currently under way with respect to the Corporate Renewal Program, on the understanding that the Senior Leadership Team will provide additional information on appropriate next steps with respect to the Corporate Renewal Program and potential annual benchmarks for measuring the success of the various outcomes of the Program. CARRIED

Controller Polhill moves, seconded by Councillor Usher, that pursuant to section 7.6 of the Council Procedure By-law, Councillor Tranquilli be permitted to speak longer than 5 minutes with respect to the merging of the Strategic Planning and Council Term Goals Committee as it relates to the Corporate Renewal Program. CARRIED

Councillor Tranquilli moves, seconded by Councillor Caranci, that clause 14 be further amended to task the newly-merged Strategic Planning and Council Term Goals Committees with identifying the best committee structure for overseeing

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the City’s Corporate Renewal Program in whatever form it may be recommended to take. CARRIED

The motion to adopt clause 14, as amended, is put and CARRIED.

Councillors Winninger and Chahbar leave the meeting at 522 p.m.

Controller Monteith moves that clauses 15, 16 and 17, be adopted. CARRIED

Councillors Winninger and Chahbar re-enter the meeting at 535 p.m. ,

2ND REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMITTEE

15. Councillor Winninger presents the 2nd Report of the Community and Protective Services Committee.

Councillor Winninger moves that clause 1 be adopted.

Councillor Alder moves, seconded by Councillor Tranquilli, that clause 1 be referred to the 2004 Budget process. LOST on a recorded vote, the Members voting as follows:

YEAS: Deputy Mayor Gosnell, Controller Polhill and Councillors Chahbar, Miller, Van Meerbergen, Alder, Tranquilli and Caranci. (8)

. NAYS: Mayor DeCicco, Controllers Monteith and Hume and Councillors MacDonald, Armstrong, Winninger, Bryant, Usher, Baechler and Eagle.

J

(1 0)

Controller Hume moves, seconded by Councillor Miller, that clause 1 be amended to include a request that the Board of Directors of the Unity Project review its policy with respect to a three-night hold on beds. CARRIED

Councillor Tranquilli moves, seconded by Councillor Eagle, that clause 14 be further amended to include a request that the General Manager of Community Services provide the Community and Protective Services Committee with a financial report on the Unity Project in January 2004, so that the findings of the report can be taken into consideration during the 2004 Budget process. CARRIED .

The motion to adopt clause I, as amended, is put and CARRIED with Councillor Alder voting Nay.

IST REPORT OF THE BOARD OF CONTROL (continuedl

16. Controller Monteith continues with the presentation of the 1st Report of the Board of Control.

Controller Monteith moves that clause 18 be adopted.

Controller Hume moves, seconded by Controller Monteith, that clause 18 be amended by deleting clause 18 in its entirety and by substituting therefor the following new clause 18:

“That, in accordance with the provisions of the Municipal Act, 2007, as amended, the City Clerk BE DIRECTED to take the necessary steps, including the provision of notice, to conduct a public participation meeting before the Board of Control for the purpose of making a decision with respect to the continuation of the one third of the remuneration paid to the elected members of the Council and its local boards being deemed as expenses incident to the discharge of their duties as members of the Council or local board.” CARRIED

/

The motion to adopt clause 18, as amended, is put and CARRIED. *

Controller Monteith moves that clauses 19 to 26, inclusive, be adopted. CARRIED 9.

Controller Monteith moves, seconded by Controller Hume, that pursuant to section 5.3 of the Council Procedure By-law, the order of business be changed to permit consideration

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of clause 27 subsequent to the receipt of a confidential presentation by the Bid Committee with respect to the 2006 World Junior Hockey Championship. CARRIED

Controller Monteith moves that clauses 28 and 29 be adopted. CARRIED

Councillor Baechler moves, seconded by Councillor Usher, that pursuant to section 15.4 substantive motion with respect to clause 30. CARRIED

Councillor Baechler moves, seconded by Councillor Usher, that clause 30 be amended to include a new part (d) for the purpose of seeking clarification of what constitutes “adequate” notice as may be defined by the applicable legislation. CARRIED

The motion to adopt clause 30, as amended, is put and CARRIED.

Controller Monteith moves, seconded by Deputy Mayor Gosnell, that pursuant to section 15.4 of the Council Procedure By-law, leave be given for discussion and debate and the making of a substantive motion with respect to clause 40. CARRIED

Deputy Mayor Gosnellf moves, seconded by Controller Monteith, that Councillor Susan Eagle BE APPOINTED as the Municipal Council’s representative on the Children’s Aid Society Board” for a term expiring November 30, 2006. CARRIED

The Chair directs that clause 30, as amended, clauses 31 to 39, clause 40, as amended, and clauses 41 to 44, all inclusive, of Section I I be noted.

2ND REPORT OF THE BOARD OF CONTROL

17. Controller Monteith presents the 2nd Reportof the Board of Control.

The Chair directs that clause 1 of Section I be noted.

IST REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMITTEE

. 18. Councillor Winninger presents the I st Report of the Community and Protective Services Committee. 1

Councillor Winninger moves that clauses 1 to 3, be adopted. CARRIED

Councillor Winninger moves that clause 4 be adopted.

Councillor Winninger moves, seconded by Councillor Chahbar, that clause 4 be amended by deleting part (b)(i). CARRIED

The motion to adopt clause 4, as amended, is put and CARRIED.

Councillor Winninger moves that clauses 5 to 8 be adopted. CARRIED

Councillor Winninger moves, seconded by Councillor MacDonald, that pursuant to . section 15.4 of the Council Procedure By-law, leave be given for discussion and debate

and the making of a substantive motion with respect to clause 12. CARRIED

Councillor Winninger moves, seconded by Councillor MacDonald, that clause I 2 be deleted and be referred back to the Acting General Manager of Finance and Corporate Services for the purpose of identifying a transition plan necessitated by the withdrawal of Neighbourhood Watch London from the Downtown Closed Circuit Television project.” CARRIED

The Chair directs that clauses 9 to I 1 , 12, as amended, and I 3 to 15, all inclusive, of Section II be noted.

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2ND REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMITTEE (continuedl

19.

20.

I

21.

Councillor Winninger continues with the presentation of the 2nd Report of the Community and Protective Services Committee.

Councillor Winninger moves that clauses 2 and 3 be adopted. CARRIED

IST REPORT OF THE PLANNING COMMITTEE

Councillor Baechler presents the 1 st Report of the Planning Committee.

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

Councillor Baechler moves that clause 6 be ‘adopted. 1

Councillor Baechler moves, seconded by Councillor Usher, that clause 6 be amended Amended in line 3 by deleting therefrom the number “284” and by substituting therefor the number “285. CARRIED

Controller Hume moves, seconded by Councillor Armstrong, that clause 6 be referred back to the Committee until such time as the reasons for designation are available. LOST on a recorded vote, the Members voting as follows:

YEAS: Deputy Mayor Gosnell, Controller Hume and Councillor Armstrong. (3)

NAYS: Mayor DeCicco, Controllers Monteith and Polhill and Councillors White, MacDonald, Chahbar, Winninger, Miller, Bryant, Usher, Baechler, Van Meerbergen, Eagle, Alder, Tranquilli and Caranci. ( I 6)

The motion to adopt clause 6, as amended, is put and CARRIED.

Councillor Baechler moves that clause 7 be adopted.

Councillor Baechler moves, seconded by Councillor Usher, that clause 7 be amended by adding thereto at the end the words “; it being noted that the Planning Committee had no comment to offer with respect to the aforementioned recommendation of the Agricultural Advisory Committee”. CARRIED

The motion to adopt clause 7, as amended, is put and CARRIED.

Councillor Baechler moves that clauses 8 to 10 be adopted. CARRIED

Councillor Baechler moves that clause 11 be adopted.

Councillor Baechler moves, seconded by Councillor Usher, that clause 11 be amended by adding thereto, immediately after part (c), the words “it being noted that the Subject Lands Status Report has identified the subject lands as serving as a buffer function;”. CARRIED

The motion to adopt clause 11, as amended, is put and CARRIED.

Councillor Baechler moves that clauses 12 to 15, inclusive, be adopted. CARRIED

The Chair directs that clauses 16 to 29, inclusive, of Section II be noted.

IST REPORT OF THE ENVIRONMENT AND TRANSPORTATION COMMITTEE

Councillor Caranci presents the 1 st Report of the Environment and Transportation Com m i ttee.

Councillor Caranci moves that clauses I to 4, inclusive, be adopted. CARRIED 2.

Councillor Caranci moves that clause 5 be adopted.

. . . .

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Councillor Caranci moves, seconded by Controller Hume, that clause ’5 be amended in part (a) by adding thereto at the end the words I‘; it being noted that $430,734 of the expenditures associated with this contract is subject to the approval of the 2004 Budget.” .CARRIED

The motion to adopt clause 5, as amended, is put and CARRIED.

Councillor Caranci moves that clauses 6 to 8 be adopted. CARRIED

Councillor Caranci moves that clause 9 be adopted.

Councillor Miller moves, seconded by Councillor ‘ Caranci, that clause 9 be, amended in line 3 by deleting therefrom the word “program” and by substituting therefor the words “inventory as well as the Traffic Calming Study”. CARRIED

The motion to adopt clause 9, as amended, is put and CARRIED.

Councillor Caranci moves that clauses I O and 11 be adopted. CARRIED with Councillor Van Meerbergen voting Nay to clause I O .

The Chair directs that clauses 12 to 21 , inclusive, of Section I I be noted.

Councillor Tranquilli moves, seconded by Controller Polhill, that Council recess. CARRIED

The Council recesses at 6:47 p.m. and reconvenes at 7:35 p.m. with Mayor DeCicco in the Chair and with all Members present.

Councillor Chahbar moves, seconded by Councillor MacDonald, that the Council rise and go into Committee of the Whole, in camera, for the purpose of considering confidential recommendations and reports from the Board of Control, the Community and Protective Services Committee, the Planning Committee and the Environment and Transportation Committee. CARRIED

The Council rises and goes into the Committee of the Whole, in camera, at 7:35 p.m. with Deputy Mayor Gosnell in the Chair and all members present.

Mayor DeCicco moves, seconded by Controller Polhill, that pursuant to section 2.4 of the Council Procedure By-law, section 9.10 of the said by-law be suspended for the purposes of permitting the meeting to proceed beyond 11:OO p.m. CARRIED

The Committee rises and Council resumes in regular session at 1155 p.m. with Mayor DeCicco in the Chair and all members present.

Controller Polhill moves, seconded by Councillor MacDonald, that pursuant to section 2.4 of the Council Procedure By-law, section 9.10 of the said by-law be suspended for the purpose of permitting the meeting to proceed beyond 12:OO a.m. CARRIED

Controller Polhill moves, seconded by Councillor MacDonald, that the Council rise and go into Committee of the Whole, in camera, for the purpose of continuing its consideration of confidential recommendations and reports from the Board of Control, the Community and Protective Services Committee, the Planning Committee and the Environment and Transportation Committee. CARRIED

The Committee rises and Council resumes in regular session at 12:40 a.m. with Mayor DeCicco in the Chair and all members present.

4ST REPORT OF BOARD OF CONTROL (continutedl

Controller Moneith continues with the presentation of the 1st Report of the Board of Control.

Controller Monteith moves, that clause 27 be adopted. CARRIED

Councillor Miller moves, seconded by Controller Monteith, that clause 14 of the 1st Report of the Board of Control having to do with the Corporate Renewal Program be reconsidered. CARRIED with Councillors Alder and Tranquilli voting Nay.

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Controller Monteith moves, seconded by Councillor MacDonald, that the matters of reaffirmation of the Council’s commitment to the Corporate Renewal Program, continued implementation of the Program, and tasking the Strategic Planning Committee with identifying the best committee structure for overseeing the Program in whatever form it may take be referred to the Board of Control for further consideration. CARRIED with Councillors Caranci, Tranquilli and Alder voting Nay.

IST REPORT OF THE COMMITTEE OF THE WHOLE

PRESENT: Mayor A. M. DeCicco, Deputy Mayor T. C. Gosnell, Controllers W. R. Monteith, W. J. Polhill and G. D. Hume and Councillors A. A. Chahbar, J. P. Bryant, J. L. Baechler, R. J. Alder, B. R. MacDonald, F. W. Tranquilli, W. J. Armstrong, R. Caranci, C. Miller, S. E. White, D. Winninger, H. L. Usher, S. E. Eagle and P. M. Van Meerbergen and K. Bain, City Clerk.

1

ALSO PRESENT: R. A. Blackwell, V. A. Cote, P. W. Steblin, J. P. Barber, H. Connelly (Kinley, Connelly), C. Howard, J. Kirkham, D. A. Leckie, V. McAlea-Major, P. McNally, J Page, R. Panzer, J. Romoff, L. Rowe, M. Ruddock, R. Sanderson, M. L. Smibert, M. St. Amant and J. Winston.

I YOUR COMMITTEE RECOMMENDS:

I. That, on the recommendation of the Acting General Manager of Finance & Corporate Services, on the advice of the Manager of Realty Services, the settlement agreement submitted by Lorena Jane Armstrong, for the lands expropriated by the City, being a portion of frontage from 140 Springbank Drive, located on the south side of Springbank Drive between Wharncliffe Road and Duke Street, being Part Lot 1, Block E, Plan 376 (Part 7, Expropriation Plan ER-220545), measuring approximately 9.65’ x 51.4’ x IRR x TRI and containing an area of approximately 266 sq.ft., for the sum of $1,900, BE ACCEPTED, and that the financing for this settlement BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A , subject to

.

. the following conditions:

(a) the City agreeing to pay the vendor’s reasonable legal fees and appraisal costs to close this transaction, subject to assessment; and

(b) the city agreeing to pay a further Sum of $44,804 representing any and all loss, disturbance costs and injurious affection, if any. (23.21. I .)

2. That, on the recommendation of the Acting General Manager of Finance & Corporate Services, on the advice of the Manager of Realty Services, the offer submitted by Bilmar Group Inc. to sell to the City a parcel of land located on the south side of Oxford Street West, east of Kains Road, being Part of Lots 47 and 48, Broken Front Concession B (Part 2, Plan 33R-13598) and containing an area of approximately 12.75 acres, for the nominal sum of $2.00, BE ACCEPTED, and that the financing for this’acquisition BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A”, subject to the following conditions:

(a), the City agreeing to pay the vendor’s reasonable legal fees to close this transaction, subject to assessment; and

(b) the City agreeing to pay a further sum of $15,585 to compensate the vendor for realty taxes previously paid on the subject property. (23.1 7.8.)

3. That, on the recommendation of the Acting General Manager of Finance and Corporate Services, on the advice of the City Solicitor’s Office, with the concurrence of the Manager of Realty Services, settlement of the expropriation of part of the lands owned by Byron and Eleanor Ducharme, municipally located at 185 Springbank Drive, further described as Part 1, Expropriation Plan ER-220454 and containing an area of approximately I ,015 sq.ft., BE ACCEPTED on the following basis:

(a) the City of London pay Byron and Eleanor Ducharme the sum of $85,000, together with simple interest calculated at the rate of 6% per annum from the date of expropriation (May 13, 2003) to the date of payment, and reasonable legal fees as agreed upon between Counsel for the Ducharmes and the Civic Administration, or as assessed;

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(b) the City of London shall provide a sewer stub/lateral from the main sewer line to the new lot line at no cost to Mr. and Mrs. Ducharme; and

(c) the financing for this settlement BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A. (23.21 .I .)

4. That, on the recommendation of the Acting General Manager of Finance & Corporate Services, on the advice of the Manager of Realty Services, the Mayor and the City Clerk BE AUTHORIZED to execute amendments to the following agreements:

(a) an amendment to the original Pedestrian Bridge and Air Rights Agreement (over King Street) dated October 19, 1987 between the City and the former owner Campeau Corporation, now owned by 1. F. Propco Holdings (Ontario) 31 Limited, managed by Galleria London Inc. (“Galleria”), reducing the current annual rent of $77,553 to $35,453, effective January I, 2004, with rent escalations proposed every five (5) year period in the amount of 12.5%, expiring in 2‘088 as per the original agreement, with all other terms and conditions of the agreement except those ‘noted above remaining in full force and effect; it being noted that the property is described as Parts 2, 4 and 5, Reference Plan 33R-9016;

(b) an amendment to the Underground Utility Vaults Agreement signed by Campeau Corporation, also dated October 19, 1987, from a current annual rental fee of $17,790.1 1 plus GST, reduced to an annual rental fee in the amount of $8,133 plus GST, effective January I, 2004, with an escalation of rent every five (5) years of 12.5% to the end of the term, with all other terms and conditions of the original agreement remaining in full force and effect; it being noted that the property is described as Parts 1,3 and 5, Reference Plan 33R-9016; and

a new Boulevard Parking Agreement BE DRAFTED to replace the existing agreement that expired on February 28, 2003, leasing approximately 5,l 29 sq.ft. of a portion of the untravelled Wellington Street road allowance located on the southwest corner of Wellington Street and York Street, with the City granting to the licencee the nonexclusive licence use of the lands, measuring approximately 27’ X 190’ and containing approximately I 5 parking spaces, designated as Part 5, Reference Plan 33R-8639, for a period of five (5) years effective January I, 2004 and expiring on December 31, 2008, for the annual sum of $5,600 plus applicable taxes, for parking purposes;

and that the agreements shall be subject to the City of London reserving the right to review the agreements if the market rents increase; it being understood and agreed upon by the City and Galleria London Inc. that Galleria will pay the outstanding rent arrears for the period June 1, 2002 to January 1, 2004, the proposed commencement date of the new rental rate. (67.5.1 .)

5. for the City Manager recruitment:

That the following actions be taken with respect to the interview process

(a) the Board of Control BE AUTHORIZED to act as the preliminary interview team to arrive at a short list of candidates;

(b) the Board of Control, plus three additional Members of Council, BE AUTHORIZED to conduct interviews of the short-listed candidates with a view to arriving at a preferred candidate for recommendation to the Municipal Council; it being noted that Members of Council will advise the City Clerk of their interest in. participating on the short-listed candidates interview team; it being understood that any Members of Council who put their names forward in this regard will commit to attending all related meetings for the purposes of continuity; and

(c) the interview team for the short-listed candidates BE DIRECTED to bring forward one recommended candidate for appointment, together with a profile of up to two additional candidates for the consideration of the Municipal Council. (32.3.5.)

6. That on the recommendation of the Acting General Manager of Finance & Corporate Services, on the advice of the Manager of Realty Services, the offer submitted by Means Industries, Inc. to purchase 10.646 acres in the Forest City Industrial Park, designated as Part I, Plan 33R-I 5347, in the City of London, for the consideration of $550,930, BE ACCEPTED, with the transaction being subject to a number of conditions, the most significant being the following:

(a) the City permitting a proposed building coverage for Phase 1 of the vendor’s

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manufacturing plant of approximately 14 percent in place of 15 percent prescribed by Clause 5(2) of the present Industrial Land Sale Policy;

the purchaser satisfying itself that it will be able to obtain site plan approval for intended development and use of the property;

the Board of Directors of the purchaser’s parent company approving this offer within forty days of acceptance by the City;

the City providing covenants, representations, and warranties, as set out in the offer; and

there being no local improvement rates or development charges applicable or chargeable for the purchaser’s proposed manufacturing facility for five years from the date of closing.

That, on the recommendation of the City Manager, the following actions be taken with respect to the position of Fire Chief and Director of Paramedic Services of the City of London:

I I

8.

the resignation of E. David Hodgins as Fire Chief and Director of Paramedic Services effective January 19,2004, BE RECEIVED;

the authority of Deputy Fire Chief John Kobarda to perform the function of Acting Fire Chief and Director of Paramedic Services during the absence of Fire Chief Hodgins prior to January 20,2004 BE CONFIRMED;

Deputy Fire Chief John Kobarda BE APPOINTED Acting Fire Chief and Director of Paramedic Services effective January 20, 2004 at an acting salary of $1 03,005;

the necessary by-laws BE INTRODUCED at the Council meeting on January 19, 2004 to give effect to the actions mentioned above;

the Civic Administration BE AUTHORIZED to proceed with a national recruitment for a permanent Fire Chief and Director of Paramedic Services; it being noted that the Deputy Fire Chief will be treated as a candidate for the position unless he withdraws from the competition; and

the Civic Administration BE REQUESTED to provide a short list of two or three candidates for the position of Fire Chief to the Board of Control as the interview team, with Members of Council to be invited to participate in the interview process. (See attached.)

YOUR COMMITTEE REPORTS:

That the Committee of the Whole made progress with respect to I personnel matter.

9. matters .

That the Committee of the Whole made progress with respect to 5 legal

I O . property matters.

That the Committee of the Whole made progress with respect to 5

Deputy Mayor Gosnell presents the 1st Report of the Committee of the Whole.

Deputy Mayor Gosnell moves that clauses4 to 6, inclusive, be adopted. CARRIED

Pursuant to section 15.2 of the Council Procedure by-law, Controller Hume calls for a separate vote on clause 7(e).

Deputy Mayor Gosnell moves that parts (a) to (d) and (f), inclusive, of clause 7 be adopted. CARRIED

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Deputy Mayor Gosnell moves that part (e) of clause 7 be adopted. CARRIED with Mayor DeCicco, Controller ‘Hume and Councillors Miller, Baechler, Tranquilli, Caranci and MacDonald voting Nay.

The Chair directs that clauses 8, 9 and 10 of Section I1 be noted

Councillor Armstrong moves, seconded by Councillor Baechler, that clause 27 of the 1 st Report of the Board of Control having to do with the 2006 World Junior Hockey Championships be reconsidered in order for another vote to be taken on this clause. LOST as the required two-thirds majority of Council was not received as seven (7) Members voted Nay.

BY-LAWS

22. Councillor Miller moves, seconded by Councillor Baechler, that the following Bills be introduced:

Bill No.17 A by-law to amend By-law No. A.-5685-102 entitled, By-law No. A.-5685( i)-I 5 “A by-law respecting the former Hydro-Electric

Commission of the City of London. (1 3/1/BC)

Bill No. 18 By-law No. L-6-04001

Bill No. 19 By-law No. L-6-04002

A by-law to amend By-law No. L-6 entitled, “A by-law to provide for the Licensing and Regulation of various Businesses.” (21/1 /BC)

A by-law to amend By-law No. L-6 entitled, “A by-law to provide for the Licensing and Regulation of various Businesses.” (22/1 /BC)

Bill No. 20 By-law No. Z.-1-041182

A by-law to amend By-law No. Z.4 to remove the holding provision from the zoning for an area of land located at 1 104 Adelaide Street North. (3/1/PC)

CARRIED

First Reading :

Councillor Miller moves, seconded by Councillor Baechler that Bill No.% 3 to 20, inclusive, be read a first time. CARRIED

Second Reading:

Councillor Miller moves, seconded by Councillor Baechler, that Bill No.’s 3 to 20, inclusive, be read a second time. CARRIED

Third Reading:

Councillor Miller moves, seconded by Councillor Baechler, that Bill No.’s 3 to 20, 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. 3 By-law No. A.-5858-3

A by-law to confirm the proceedings of the Council Meeting held on the 1 5th & 1 6th day of December, 2003. (City Clerk)

Bill No. 4 By-law No. A.4859-4 Fund. (2/23/CPSC)

A by-law to establish the Affordable Housing Reserve , I

Bill No. 5 By-law No. A.4860-5 Clerk)

Bill No. 6 By-law No. A.-5273(ao)-6

A by-law to deputize assistants to the City Clerk. (City

A by-law to amend By-law No. A.4273-82 entitled, “A by-law to appoint Municipal Law Enforcement Officers for the City of London.” (General Manager of Environmental and Engineering Services 8t City En g i nee r)

.

Bill No. 7 By-law No. A-21

A by-law to authorize an interim real property tax levy for 2004. (City Treasurer)

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Bill No. 8 By-law No. D.-751-7

A by-law to authorize certain capital works of the Corporation of the City of London (The “Municipality”); to authorize submitting an application to the Ontario Municipal Economic Infrastructure financing Authority (‘OMEIFA) for financing such works and certain other ongoing works; to authorize temporary borrowing to meet expenditures made in connection with such works; and to authorize long term borrowing fqr such works through the issue of debentures. (City Treasurer)

Bill No. 9 By-law No. PS-110-04027

A by-law to amend By-law No. PS-I 10 entitled, “A by- law to regulate traffic and parking of motor vehicles in the City of London.” (General Manager of Environmental and Engineering Services & City Engineer) *

Bill No. I O By-law No. 5.-4779-8

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As widening to Hyde Park Road, south of Fanshawe Park Road West) (Chief Surveyor)

Bill No. 11 By-law No. S.-4780-9

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As part of Pinnacle Parkway, south of Plan Tree Drive) (Chief Surveyor)

Bill No. 12 By-law No. S.-4781-10

Bill No. 13 By-law No. S.-4782-11

Bill No. 14 By-law No. S.-4783-12

Bill No. I 5 By-law No. S.L.-I 50-1 3

Bill No. 16 By-law No. W.-I 846(a)-14

Bill No.17 By-law No. A.-5685( i)-15

Bill No. I 8 By-law No. L-6-0400 1

Bill No. 19 By-law No. L-6-04002

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

A by-law to assume certain works and services in the City of London. (Woods at Stoney Creek Subdivision, 33M-424) (General Manager of Environmental and Engineering Services & City Engineer)

A by-law to assume certain works and services in the City of London. (Gren Subdivision, Phase 1, 33M-406) (General Manager of Environmental and Engineering Services & City Engineer)

A by-law to authorize the construction of street lighting for Base Line Road West from Beachwood Avenue to Southcrest Drive, as a local improvement under the provisions of the Local improvement Act. (Project No, LI 1 0 I 4) (3/6/ETC)

A by-law amend By-law No. W.-1846-111 entitled, “A by-law to authorize the Dearness Home Redevelopment. (Project No. SS1120) (6/31/BC)

A by-law to amend By-law No. A.-5685402 entitled, “A by-law respecting the former Hydro-Electric Commission of the City of London. (13/1/BC)

A by-law to amend By-law No. L-6 entitled, “A by-law to provide for the Licensing and Regulation of various Businesses.” (21/1/BC)

A by-law to amend By-law No. L-6 entitled, “A by-law to provide for the Licensing and Regulation of various B‘usinesses.” (22/1 /BC)

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Bill No. 20 By-law No. 2.-1-041182

A by-law to amend By-law No. Z.4 to remove the holding provision from the zoning for an area of land located at 1104 Adelaide Street North. (3/1/PC)

CARRIED

ADJOURNMENT

23. Councillor Miller moves, seconded by Councillor Baechler, that the Meeting adjourn. CARRIED

The Meeting adjourns at 1250 a.m.

Anne Marie DeCicco, Mayor

Kevin Bain, City Clerk