COUNCIL PROCEEDINGS TWELFTH MEETING London May 14,2007 CANADA The Council meets in Regular Session in the Municipal Offices this day at 500 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, B. R. MacDonald, S. Orser, J. L. Baechler, N. Branscombe, W. Lonc, P. Hubert, S. E. Eagle, P. M. Van Meerbergen, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and K. Bain (City Clerk). At the beginning of the Meeting all Members are present except Councillor Van Meerbergen. Her Worship the Mayor presents a plaque for “London’s Featured Company” to David Taylor, President and CEO representing Pacific and Western Bank of Canada. Councillor Van Meerbergen enters the meeting at 504 p.m. Her Worship the Mayor presents a certificate for “London’s Featured Community Organization“ to Jeff Lang, President, Boys’ and Girls’ Club Board, David Kiwin, President of the Foundation Board, Craig Richardson, Chair of the Aquaplex Capital Campaign and Don Donner, Executive Director of the Boys’ and Girls’ Club of London. Wes Kinghorn, Chair and Joey McDowell, Social Chair of the Woodfield Community Association (WCA) presents a plaque to the Mayor, to recognize the City of London as the recipient of the WCA 2006 Streetscape Improvement Award for renovations to Victoria Park. DISCLOSURES OF PECUNIARY INTEREST 149. Controller Polhill discloses a pecuniary interest in clause 37(e) of the 16th Report of the Board of Control having to do with a matter pertaining to personal matters regarding an identifiable individual who is a municipal employee, advice that is subject to solicitor- client privilege, including communications necessary for that purpose and labour relations and employee negotiations involving CUPE Local 101 by indicating that he has a daughter who is a City employee. 150. Councillor Hubert discloses a pecuniary interest in clause 26 of the 13th Report of the Planning Committee having to do with properties located at 552 and 556 Wonderland Road North by indicating that the Church that his family attends is located on the subject property. 151. Councillor Branscombe discloses a pecuniary interest in clause 22 of the 16th Report of the Board of Control having to do with appointments to the Greater London International Airport Authority by indicating that her spouse is one of the applicants. 152. Councillor Eagle discloses a pecuniary interest in clause 10 of the 16th Report of the Board of Control having to do with the production and distribution of the “Spectrum” publication by indicating that her spouse is employed by Sun Media. MINUTES 153, Councillor Bryant moves, seconded by Councillor Baechler, that the Minutes of the Eleventh Meeting held on April 30, 2007 be amended on page 22, line 3 of part (c) of the new clause 26A by adding thereto after the words “a 240 the word “square”. CARRIED Councillor MacDonald moves, seconded by Councillor Baechler, that the Minutes of the Eleventh Meeting held on April 30, 2007, as amended, be adopted. CARRIED -2- CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC 154. The Council reviews the confidential matters listed for consideration at this meeting and determines that none should be considered in public. 155. The Chair directs that the actions suggested by the City Clerk with respect to Communication No.’s 1 and 2 as identified on the Orders of the Day and on the Added Communications be taken. MOTIONS OF WHICH NOTICE IS GIVEN 156. Deputy Mayor Gosnell moves, seconded by Controller Polhill, that pursuant to section 11.3 of the Council Procedure By-law, leave be given for the introduction of a motion for which notice was given pertaining to the strategic diversity initiative. CARRIED Councillor Usher moves, seconded by Councillor Baechler, that the Chief Administrative Officer be requested to provide a report that identifies and illustrates strategies that we will use to transform the City of London into a welcoming and inclusive city, which embraces diversity within its workplace and workforce and encourages the same in its departments, boards, commissions and affiliated community partners, leading to a just and integrated society where diversity is valued and dignity and integrity are sustained for all. Controller Hume moves, seconded by Controller Polhill, that the proposed motion be amended by adding thereto at the end the words “; such report to also include what practices and policies the City of London and its Boards and Commissions already have in place in support of the aforementioned objectives”. CARRIED The motion moved by Councillor Usher and seconded by Councillor Baechler, as amended, is put and CARRIED on a recorded vote, the Members voting as follows: YEAS: Mayor DeCicco-Best, Deputy Mayor Gosnell, Controllers Barber, Polhill and Hume and Councillors MacDonald, Armstrong, Eagle, Winninger, Caranci, Branscombe, Bryant, Baechler, Orser, Lonc, Hubert, Miller and Usher. (18) NAYS: Councillor Van Meerbergen. (1) The motion, as amended, reads as follows: That the Chief Administrative Officer BE REQUESTED to provide a report that identifies and illustrates strategies we will use to transform the City of London into a welcoming and inclusive city, which embraces diversity within its workplace and workforce and encourages the same in its departments, boards, commissions and affiliated community partners, leading to a just a,nd integrated society where diversity is valued and dignity and integrity are sustained for all; such report to also include what practices and policies the City of London and its Boards and Commissions already have in place in support of the aforementioned objectives. ADDED REPORTS 157 The City Clerk submits the 14th Report of the Planning Committee. (See Report attached.) Councillor Miller moves, seconded by Controller Hume, that pursuant to section 7.3 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 26 of the 13th Report of the Planning Committee at this time. CARRIED REPORTS 13TH REPORT OF THE PLANNING COMMITTEE 158. Councillor Baechler presents the 13th Report of the Planning Committee. -3- Pursuant to Section 17.6 of the Council Procedure By-law, Councillor Baechler moves, seconded by Councillor Caranci, that a new clause 21A be adopted, arising from clause 26 of the 13th Report of the Planning Committee, as follows: “That the application submitted by 1610234 Ontario Ltd. (A. Soufan) relating to the properties located at 552 and 556 Wonderland Road North BE REFERRED to staff for the necessary repoqs) and by-law(s) to be submitted to the Planning Committee in support of the application; and, further, that a public site plan meeting BE HELD in connection therewith.” CARRIED 16TH REPORT OF THE BOARD OF CONTROL 1. That, on the recommendation of the Director - Water, Environment & Customer Relations, the following actions be taken with respect to the 2007 Watermain Structural Lining Project (Project No. EW3560), namely: (a) the price submitted by Fer-Pal Construction Ltd., 169 Fenmar Drive, North York, at its price of $130,680, excluding GST and including 10% contingency, in accordance with section 3.4 of the Purchasing By-law, BE ACCEPTED; (b) the financing for this project BE APPROVED as set out in the Sources of Financing Report +-a hed hereto as Appendix “A (c) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project, and (d) the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the work to be done and the materials to be supplied on this project. (W13-00) 2. That, on the recommendation of the Director - Water, Environment & Customer Relations, the following actions be taken with respect to the 2007 Watermain Cleaning and Cement Mortar Lining Program (Project Nos. EW3643 & EW3560), namely: (a) the bid submitted by Fer-Pal Construction Ltd., 169 Fenmar Drive, North York, a its tendered price of $1,602,645 (excluding GST), BE ACCEPTED; it being pointed out that the bid submitted by Fer-Pal Construction Ltd. was the lowest of four (4) bids received and meets the City‘s specifications and requirements in all areas; ’b) the financino for this oroiect BE APPROVED as set out in the Sources of 1-‘ Financing ..c) the Civic all the administrative acts that are necessary in connection with this project; and (d) the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the work to be done and the materials to be supplied on this project (Tender 07-04). (W13-00) -4- stomer Relations, the following actions be taken with respect to the 2007 Sewer termain Replacement Program, Contract #6 - Ridout Street South, Phase I (Proje s. EW3784lES241 I), namely: ) the bid submitted by L-82 Construction Limited, 15 Hamley Road, London, at tendered price of $2,497,284.16 (excluding GST), BE ACCEPTED; it bei pointed out that the bid submitted by L-82 Construction Limited was the lowest six (6) bids received and meets the City's specifications and requirements in a ) the financing for this project BE APPROVED as set out in the Sources Financing Report atta$ed hereto as Appendix "A"; c) Archibald, Gray & McKay Engineering Limited (AGM) BE AUTHORIZED to ca out the resident inspection and contract administration for the said project accordance with the final estimate, on file, at an upset amount of $450,7 (excluding GST) based upon the Suggested Schedule of Fees for Engineeri Projects, recommended by Professional Engineers Ontario, and in accorda with Council Policy 7(9A), Clause (e); it being noted that this firm completed engineering design; d) the Civic Administration BE AUTHORIZED to undertake all the administrativ acts that are necessary in connection with this project, and e) the approval given herein BE CONDITIONAL upon the Corporation entering int a formal contract or issuing a purchase order for the work to be done and th materials to be supplied on this project (Tender 07-25).