SPECIAL OTTAWA CITY COUNCIL MEETING

6 DECEMBER 2006

ANDREW S. HAYDON HALL

1:00 p.m.

DISPOSITION 2

Reports

City Manager

1. LIGHT RAIL TRANSIT PROJECT

MOTION

Moved by Councillor J. Harder

Seconded by Councillor M. McRae

WHEREAS the 2003-2006 City Council approved the contract award for the North-South Light Rail Transit Project on July 12, 2006;

AND WHEREAS the Project Agreement between the City of Ottawa and Siemens-PCL/Dufferin was signed on September 15, 2006;

AND WHEREAS the Ontario government subsequently approved its $200 million contribution for the North-South Light Rail Transit Project and on October 10, 2006, the Federal Government indicated it would approve its $200 million contribution for this project once the Minister of Transport “has received notice after the municipal election that the new Council supports the project.”;

AND WHEREAS the 2006-2010 City Council received a mandate in the recent municipal election to reassess the full scope of the North-South Light Rail Project;

AND WHEREAS the 2006-2010 City Council recognizes that addressing the City’s immediate east-west transportation challenges are of equal priority to achieving the economic, planning and environmental benefits of the North-South Light Rail Transit Project;

1. THEREFORE BE IT RESOLVED that City Council support the North-South Light Rail Transit Project Agreement and proceed to execute the Contribution Agreement with Canada and Ontario, subject to the Mayor and City Manager receiving commitments from the Federal and Provincial governments on or before Monday, December 11, 2006 that the Contribution Agreement will be executed by them prior to Thursday, December 14, 2006;

2. FURTHER BE IT RESOLVED that the Mayor and City Manager be delegated the authority to negotiate the dollar value savings of removing the downtown section from LeBreton Station to the University Ottawa under the terms of the approved Project Agreement;

FURTHER BE IT RESOLVED that the City Council authorize the Mayor and City Manager to work with the Federal and Provincial Governments to secure their approval for the amended project scope under the terms of the existing Contribution Agreement;

3. FURTHER BE IT RESOLVED that the savings from the change in scope be directed towards the following priority solutions to the immediate East-West transportation challenges:

q The Cumberland Transitway to Blackburn Hamlet;

q The West Transitway (Bayshore to Moodie);

o Extending Bus Rapid Transit service along Innes Rd. to Blair Rd. and connect to Blair Station (and continue along the Transitway to Downtown);

AND THAT staff be directed to bring an implementation plan to move forward as soon as possible to the appropriate Standing Committees and Council early in 2007.

CARRIED as amended by the following Motion:

MOTION

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

WHEREAS the future success of Rapid Transit in the downtown core is best served by the construction of a downtown tunnel;

THEREFORE BE IT RESOLVED that the Harder/McRae motion be amended to add the following:

“AND BE IT FURTHER RESOLVED that staff be directed to move forward on the Environmental Assessment for the Downtown Tunnel, including considering the upgrade of the streetscaping on Albert and Slater Streets”.

CARRIED

MOTION

Moved by Councillor P. Hume

Seconded by Councillor M. McRae

WHEREAS the Federal Government has requested that Council for the City of Ottawa confirm and ratify its intention to proceed with the Ottawa Light Rail Transit Project (the "Project");

IT IS RESOLVED that:

1. Council hereby confirms and approves that the maintenance centre contemplated by the Project (the "Maintenance Centre") be built and financed as a Municipal Capital Facility pursuant to Section 110 of the Municipal Act, 2001, as amended (the "Act");

2. Council hereby ratifies, confirms and approves the Project and the entering into of agreements with respect thereto pursuant to Section 110 of the Act;

3. The Project Agreement between the City of Ottawa and Ottawa LRT Corp. dated 15 September 2006, as amended, is hereby ratified and approved, pursuant to Section 110 of the Act, and any one of the City Manager or Director, Economic Development and Strategic Projects or the City Treasurer, is hereby authorized to execute and deliver on behalf of the City the amendments to the Project Agreement in a form containing in substance the amendments required by Council;

4. An Indemnity Agreement to which the City of Ottawa is to be a party and a Payment Administration Agreement to which the City of Ottawa is to be a party (collectively, the "Agreements"), which Agreements relate in part to the funding of elements of the Project pursuant to a Loan Agreement contemplated by the Project Agreement, are hereby approved pursuant to Section 110 of the Act, and any one of the City Manager or Director, Economic Development and Strategic Projects or the City Treasurer, is hereby authorized to execute and deliver on behalf of the City such Agreements substantially in the form made available for inspection by Council;

5. All documents executed by any person pursuant to this Resolution, including the Agreements, shall be in such form as the person so signing may approve, and the execution thereof shall be conclusive evidence that the form has been approved and that the execution and delivery of the document has been authorized by this Resolution;

6. Council hereby exempts from taxation for municipal and school purposes the lands on which Maintenance Centre is to be constructed which is the subject of an agreement described in item 4 of this Resolution pursuant to Section 110 of the Act;

7. Council hereby provides for a full exemption for the facilities and Maintenance Centre described in item 6 of this Resolution from the payment of development charges imposed by the City of Ottawa under the Development Charges Act;

8. The Clerk is hereby directed to give notice of the By-law adopting this Resolution in accordance with the requirements of Section 110 of the Act; and

9. The City Solicitor be authorized to place a by-law enacting the above directly on the Council Agenda.

CARRIED

MOTION

Moved by Councillor M. Bellemare

Seconded by Councillor P. Hume

WHEREAS in 2005 City Council approved resolutions aimed at addressing concerns regarding the proposed integration of both light rail transit and bus rapid transit on Albert and Slater Streets;

AND WHEREAS the resolutions included a direction to ensure that a minimum of 30% of bus traffic be removed from Albert and Slater Streets by the end of 2009;

THEREFORE BE IT RESOLVED that, in the light of the amended North-South Light Rail Transit Project, the direction be set aside, and that the removal of downtown trips on routes 126, 140, 148 and 149, implemented in 2006, be reversed, and that staff report to Transit Committee each year on the operating conditions on Albert and Slater Streets.

MOTION

Moved by Councillor R. Chiarelli

Seconded by Councillor D. Deans

That the Bellemare/Hume motion be Referred to Transit Committee.

REFERRAL CARRIED

2. 2006-2010 COUNCIL GOVERNANCE REVIEW

REPORT RECOMMENDATIONS

1. That, at its meeting on 22 November 2006, the 2003-2006 Council receive and table the "2006-2010 Council Governance Review" report, specifically recommendations 2 (a) to 2 (t) inclusive and the associated supporting documents.

RECEIVED AND TABLED

2. That, at its meeting on 6 December 2006, the 2006-2010 Council consider and approve the following recommendations:

PART I – COUNCIL AND STANDING COMMITTEES

(a) The following structure for Standing Committees for the 2006-2010 term of Council as outlined in the report, effective immediately:

i) Agriculture and Rural Affairs Committee

ii) Community and Protective Services Committee

iii) Corporate Services and Economic Development Committee

iv) Planning and Environment Committee

v) Transportation Committee

vi) Transit Committee

(b) The continuation of the current Audit Working Group and membership until the mid-term Governance Review.

(c) The revised Terms of Reference for Standing Committees be submitted in draft form to the respective Committees in early 2007 for consideration and recommendation to Council for approval.

(d) The enactment of the revised Council and Standing Committee Procedure By-law as outlined in the report and the associated by-law (Document 1).

(e) The Council and Standing Committee meeting schedules as outlined in the report and the related changes to a City Council meeting curfew.

(f) The continuation of the current Planning and Environment Committee and the Agriculture and Rural Affairs Committee to act as Interim Committees to consider any public hearings and planning issues that may occur between December 1, 2006 and the appointment of the new Committees in late December 2006.

PART II – ADVISORY COMMITTEES AND LOCAL BOARDS

(g) The changes to the membership of the Taxi Advisory Committee and the Arts, Heritage and Culture Advisory Committee as outlined in the report.

(h) The revised Terms of Reference for Advisory Committees be submitted in draft form to the respective Advisory Committees in early 2007, for review and recommendation to the appropriate Standing Committee and Council for approval.

(i) The enactment of the revised Advisory Committee Procedure By-law as outlined in the report and the associated by-law (Document 2).

(j) The revised Appointment Policy for Advisory Committees, Task Forces and External Agencies, Boards and Commissions as outlined in the report (Document 3).

(k) The revised Participation Expense Policy for Advisory Committees, Task Forces External Agencies, Boards and Commissions as outlined in the report (Document 4).

(l) The change to the Advisory Committee Recruitment Process to a winter recruitment/spring appointment schedule as outlined in the report.

(m) The enactment of the revised Local Architectural Conservation Advisory Committee By-law as outlined in the report and the associated by-law (Document 5).

PART III – GOVERNANCE PROCESS – OTHER RELATED MATTERS

(n) The enactment of amendments to the revised Delegation of Authority By-law as outlined in the report.

(o) The enactment of the amendments to the Public Notice By-law as outlined in the report.

(p) The rotation list of Councillors to serve as Deputy Mayor as outlined in the report and the associated by-law (Document 6).

(q) The enactment of the amendments to the Animal Care and Control By-law as outlined in the report.

(r) The election and appointment of 10 members of Council to serve as the Nominating Committee, in addition to the Mayor as Chair, to make recommendations to Council on appointments of members of Council to Standing and Advisory Committee, Boards and Selection Panels at a meeting scheduled for December 14, 2006.

(s) The Ottawa Public Library Guidelines as outlined in the report (Document 7).

(t) The adoption of the White Paper pilot project as outlined in the report.

CARRIED as amended by the following Motions:

MOTION

Moved by Councillor C. Leadman

Seconded by Councillor S. Qadri

BE IT RESOLVED THAT the start time for regular meetings of City Council be 10:00 a.m. and that Sections 8. (1)(a), 8. (2) and 8. (3) of the Procedure By-law be amended accordingly.

CARRIED

MOTION

Moved by Councillor E. El-Chantiry

Seconded by Councillor J. Legendre

That Committee Chairs be elected every 2 years at the mid-point of the 4 year term of Council.

CARRIED

MOTION

Moved by Councillor P. Hume

Seconded by Councillor D. Thompson

That City Council meet on the second and fourth Wednesday of the month; and

That the Council meeting go until 7:00 p.m. and if the work is not completed Council would reconvene at 10:00 a.m. on the Friday; and

That Agriculture and Rural Affairs meet on the second and fourth Thursday of the month.

CARRIED

MOTION

Moved by Councillor C. Leadman

Seconded by Councillor M. McRae

WHEREAS the 2006-2010 Council Governance Review report identifies a process for appointment of Council members to the various Standing Committees during the month of December;

AND WHEREAS the report also contains recommendations to continue the current Planning and Environment Committee and the Agricultural Affairs Committee to act as interim Committees to consider matters that may occur between December 1, 2006 and the appointment of the new Committees later in December, 2006;

AND WHEREAS some members of the Emergency and Protective Services Committee also serve as members of the Licence Committee which committee deals with matters related to the suspension or revocation of business licences or the conditions to be placed on a business licence;

AND WHEREAS matters have arisen or may arise that require a hearing before Licence Committee early in December as a result of the statutory timeframe in which matters related to suspension or revocation of licences must be heard by the Licence Committee

NOW THEREFORE it is recommended that Part I of the Council Governance Review report be amended to add the following recommendations:

(g) The following members of the former Emergency and Protective Services Committee continue to act as members of the Interim Licence Committee until the membership of the Committee is finalized later in December;

(i) Councillor M. McRae

(ii) Councillor R. Chiarelli

(iii) Councillor E. El-Chantiry

(iv) Councillor D. Deans

(h) Despite the provisions of the various licensing by-laws of the City and the former municipalities that require that members of Emergency and Protective Services form the Licence Committee, Councillor D. Thompson be appointed to the Interim Licence Committee until the membership is finalized later in December;

(i) The Interim Licence Committee shall have all the authority and jurisdiction of the Licence Committee as set forth in the Terms of Reference for the Licence Committee, adopted by Council on April 26, 2006 until such time as their successors are appointed by Council.

CARRIED

MOTION

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

That Document 3 be amended to reflect the new 4-year term of Council.

CARRIED

MOTION

Moved by Councillor E. El-Chantiry

Seconded by Councillor S. Qadri

BE IT RESOLVED that the Advisory Committee recruitment process be deferred to the end of 2007 to allow for the City to review the Advisory Committee structure in conjunction with the final version of Bill 130, and that the terms of current Advisory Committee members be extended until that time;

AND that existing vacancies be filled from the previously approved reserve members lists, where they exist;

AND that, where no names remain on the list of reserve member, the quorum be reduced accordingly.

CARRIED

MOTION

Moved by Councillor G. Brooks

Seconded by Councillor C. Leadman

WHEREAS a review of the Nominating Committee process for the 2001-2003 and 2003-2006 terms of Council showed a total of 11 members served on the Committee, in addition to the Mayor as Chair;

AND WHEREAS a review of the Nominating Committee process for the 2001-2003 and 2003-2006 terms of Council showed a total of 11 members served on the Committee, in addition to the Mayor as Chair;

BE IT THEREFORE RESOLVED that the Recommendation No. 2 (r) of the Governance Review report be amended to read “The election and appointment of 11 members of Council to serve as the Nominating Committee, in addition to the Mayor as Chair, to make recommendations to Council on appointments of members of Council to Standing and Advisory Committees, Boards and Selection Panels at a meeting scheduled for Wednesday, 13 December 2006, for consideration at the City Council meeting on 14 December 2006.”;

AND BE IT FURTHER RESOLVED that the members of the Nominating Committee be Councillors Bédard, Bloess, Deans, Desroches, Feltmate, Hume, Hunter, Monette, Legendre, McRae and Thompson.

CARRIED

MOTION

Moved by Councillor C. Doucet

Seconded by Councillor P. Hume

That Council consider the report from the Clerk’s office regarding the Toronto City Council’s governance changes including the installation of a presiding officer or Speaker, once Bill 130 has passed.

CARRIED

PLANNING AND ENVIRONMENT COMMITTEE REPORT 58

1. zONING - 3023 CEDARVIEW ROAd

Committee recommendation

That Council approve an amendment to the former Nepean Zoning By-law to change the zoning for 3023 Cedarview Road from Commercial Neighbourhood - (CN) Zone to Commercial Neighbourhood - (Cn) Block XX Zone as shown in Document 1, and as detailed in Document 2.

CARRIED

Motions of Which Notice Has Been Given Previously

Moved by Councillor G. Hunter

Seconded by Councillor S. Qadri

WHEREAS Mayor O’Brien has received a significant mandate to achieve a 0% tax increase for the 2007 Budget

AND WHEREAS every month City Council delays the adoption of the 2007 Budget will have a negative financial impact due to the lag time between the adoption of the Budget and the implementation of savings or revenue increases

AND WHEREAS City Councillors and the Mayor have just completed thorough consultations with the public on community priorities throughout the election period

AND WHEREAS Mayor O’Brien has worked with City staff to develop a new 2007 Budget timetable that shaves a full month off the original schedule -- meaning potentially more savings -- while ensuring adequate public consultation

THEREFORE BE IT RESOLVED that:

1. City Council adopt the following timetable for the 2007 Budget:

q December 14, 2006 --Tabling the 2007 Budget Directions report

q January 10, 2007 - Committee of the Whole public delegations on 2007 Budget Directions

q January 11, 2007 - City Council deliberation and approval of 2007 Budget Directions

q February 7, 2007 - Tabling of the 2007 Draft Budget

q February 12-16, 2007 - Public consultations:

q February 19-23, 2007 - Committee of the Whole to receive public delegations

q February 26-28, 2007 - City Council consideration and approval of the 2007 Budget

2. sessions (one each in the east, west, central, south, and rural areas) for the week of February 12-16, 2007, along with consultation mechanisms through ottawa.ca, phone, fax and written correspondence.

CARRIED as amended by the following Motion:

MOTION

Moved by Councillor A. Cullen

Seconded by Councillor S. Qadri

That Resolution 2 be amended to read:

“And that staff be directed to assist, where possible, City Councillors in conducting their own Ward-based budget consultation session.”

CARRIED

MOTION

Moved by Councillor A. Cullen

Seconded by Councillor M. McRae

WHEREAS in 2004 Ottawa City Council received the report from the Citizens Task Force on Council Remuneration, which recommended a revision of City Council salaries, using a formula based on salaries paid to certain Mayors, Regional Chairs, senior City employees, the Chair of the NCC, federal and provincial cabinet ministers;

AND WHEREAS for purposes of illustration, the annual salary for the Mayor of Ottawa, based on the 2004 data used in this formula, came to $159,500, and for City Councillors to $87,500;

AND WHEREAS these figures were subsequently used in the public discussion and Council debate leading up to Council’s adoption of the recommendations of the Citizens Task Force on Council Remuneration;

AND WHEREAS the Council remuneration formula as adopted by City Council in 2004 provides for significantly higher salaries for the incoming Council, effective January 1, 2007;

THEREFORE BE IT RESOLVED that:

1. City Council adopted the 2004 salary calculation for Mayor and members of Ottawa City Council (i.e. $159,500 annual salary for the Mayor; $87,500 for the City Councillors), effective January 1, 2007;

2. That future salary increments for members of Ottawa City Council be based on the lower of the average annual Consumer Price Index for the City of Ottawa, or the average of the annual salary increases for City of Ottawa employees;

3. That there be no opting-out provisions regarding salary arrangements for members of Council;

4. And that each subsequent City Council confirm these salary arrangements at the first business meeting of its term of office.

CARRIED

MOTION NO.

Moved by Councillor P. Feltmate

Seconded by Councillor M. Wilkinson

WHEREAS the reason for setting up the Citizen Task Force on Council Remuneration was that it is recognized that as much as possible councillors should not be directly involved in setting their own salaries;

AND WHEREAS including the Ottawa City Manager and Deputy City Managers, whose salaries are set by council, in the Salary Benchmark Calculation violates that principle;

AND WHEREAS the similarity of the responsibilities of the Mayor of Ottawa with the responsibilities of Mayors of other major cities means that the salaries of Mayors from other major cities provide an adequate benchmark for salary calculations;

THEREFORE BE IT RESOLVED that Elements 2 (Ottawa City Manager and Deputy City Managers) and 3 (Chair of the NCC, Federal Cabinet Minister, Provincial Cabinet Minister) be removed from the Salary Benchmark Calculation.

REDUNDANT

Notices of Motion (For Consideration at Subsequent Meeting)

MOTION NO.

Moved by Councillor E. El-Chantiry

Seconded by Councillor M. Wilkinson

WHEREAS the West Carleton Heritage Park Association will be embarking on a fundraising campaign to purchase vacant land adjacent to the Carp Fairgrounds;

AND WHEREAS the West Carleton Park Association will then remit the donated funds to the City of Ottawa and the City will then use these funds to purchase the said lands;

AND WHEREAS the City of Ottawa is to hold such funds in trust until the purchase of the said lands;

THEREFORE BE IT RESOLVED that:

The City of Ottawa establish the “Carp Buy the Village Green” Trust Account for the specific purpose of receiving the donations collected by the West Carleton Heritage Park Association and these funds will only be used to purchase the said lands.

Moved by Councillor C. Leadman

Seconded by Councillor M. McRae

WHEREAS in light of the various problems encountered by City Council in seeking to review the LRT Project Agreement and in an effort to be more transparent and accountable to the citizens of Ottawa;

BE IT RESOLVED that staff prepare a report for Corporate Services and Economic Development Committee and Council to identify ways which would provide for the greatest possible openness in procurement matters while complying with the privacy provisions of the Municipal Freedom of Information and Protection of Privacy Act.

By-laws Three Readings

2006-457 A by-law of the City of Ottawa to amend By-law No. 100-2000 of the former City of Nepean to change the zoning for the property known municipally as 3023 Cedarview Road.

2006-458 A by-law of the City of Ottawa to appoint Councillors to act in place of the Mayor.

CARRIED