OTTAWA CITY COUNCIL

11 February 2009

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 60

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 11 February 2009 beginning at 10:00 a.m.

The Mayor, Larry O’Brien, presided and the Deputy City Clerk led Council in prayer.

The National Anthem was performed by Sarah Nouraeyan, a student of Kanata South High School.

MOMENT OF SILENCE

Council observed a Moment of Silence in Memory of Jessen Wentzell, a former City of Ottawa Alderman, who passed away on February 1, 2009.

Announcements/Ceremonial Activities

PRESENTATION - GOVERNOR GENERAL'S CERTIFICATES OF COMMENDATION

On behalf of the Governor General of Canada, Mayor O’Brien presented Mr. Gordon MacGregor and Ms. Rebecca Pirker with Certificates of Commendation.

Roll Call

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS P. HUME AND G. BÉDARD .

State of the City Address – Mayor O’Brien

MOTION NO. 60/1

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

That the Mayor’s State of the City Address be printed in the City Council Minutes.

CARRIED

This morning I would like to provide Council with some thoughts relating to priorities for 2009.

We have just passed the halfway point of our mandate and I think it is important to put our priorities in the perspective of what we as a Council have accomplished in the last two years.

In the hectic blur of dealing with so many different issues, sometimes people forget all that we’ve accomplished together so I thought I would take a few moments to congratulate you on your many successes.

In the past two years we have achieved the following:

You approved the funding for an amazing new Ottawa Congress Centre. The new OCC will be an incredible addition to the Capital. This was long overdue but you made it happen.

You have approved an organics waste diversion green bin program after years of failed starts. Again, this was long overdue. You made it happen.

You have improved the mass transit plans for Ottawa. Ottawa now has a magnificent plan that will transform the City for decades to come. This was an emotional and difficult debate, but together we got it done. This new plan has significant public and almost unanimous Council support. Together we made it happen.

You approved a multi-year technology enhancement program for the City that will see Paperless Council and many additional improvements by 2010. Again, a few years late but you got it done.

During the last two years you have improved the budget process in many other ways.

You started in 2007 by developing a fiscal framework through a facilitated planning process in our first summer. This year you introduced a budget challenge function that saved our taxpayers about $10 million from our baseline. We got there because most of you worked with staff to find savings at the start of the budget process.

I personally was not happy with the result of 2009 budget, but I was encouraged that we moved ahead with a more transparent and easier to understand process. We have now set the stage to improve even more in 2009 and 2010.

You approved a 2 per cent infrastructure levy in 2007 that helped us invest over $300 million in infrastructure in 2008. This was an important and critical decision.

City Council donated land to help build two new trades schools at Algonquin College and Cité Collégiale. This will ensure we train and keep the future of our workforce here in the Nation’s Capital. Good decision for the long term.

You also committed to investing $100 million with the help of the federal and provincial government in to repairing the sewer systems in Ottawa so that we will reduce all accidental spills and 65 per cent of the planned spills into the Ottawa River. This was the right decision for our future.

You have also approved the de-layering of and re-organization of City Hall that will result in reducing staff levels, the elimination of management silos, and better operational control of city operations. This is the most significant management change at City Hall since amalgamation. You have given management the okay to restructure and that took courage.

You have worked with the Police Services Board to approve a budget in 2007 that resulted in officers back on the beat and a new squad focusing on street crimes. As a result the City feels safer and is safer. Congratulations!

And we did this along with conducting the regular business of Council and all that it entails.

This Council has done an amazing amount of high-quality work. People forget all that we’ve accomplished together. Well done to all of you.

We have come a long way, but there is still much important work to be done.

After public safety and security of our water, electricity, police, fire and paramedics, the next priority for a municipality is the prosperity of its residents. The single most important economic tool we have is our public transit system.

Now that the strike is over, we are working hard to get all our buses back on the road and grow our ridership levels. Our next priority is achieving funding for our new public transit plan.

Already our staff is working with the provincial and federal governments to reach a common understanding of the technical aspects of our plan.

Once that is complete we will invite the federal and provincial government to become fair funding partners and become part of our shared vision for the City of Ottawa transit plan.

As a Council we will also explore and debate the various alternate funding models that may accelerate the implementation of the entire plan. City Manager Kent Kirkpatrick has made it a priority of his own.

We as a Council will have important policy debates around these issues as we proceed in the best interests of the taxpayers.

The next priority we have will be to maximize opportunities provided by federal and provincial government stimulus funding.

Next week we will be producing a list of shovel-ready infrastructure projects and this Friday I am meeting with industry representatives to ensure we are ready to meet the challenge of spending this money effectively by the spring and in the best interests of the Citizens of Ottawa.

Another priority is the renewal of Lansdowne Park.

Lansdowne Park is the largest and most significant City owned property. I know all of us agree it has the potential to be the most important meeting place in our City. It should be the jewel of Ottawa.

It is time to bring Council together on this city building project and work out a process to establish the principles for this property development, reach a conclusion and move forward.

During this debate we will also look at two competing proposals to bring new important sporting assets to Ottawa.

High quality contributors are presenting MLS Soccer and CFL Football to Ottawa and we owe it to our citizens to make a thoughtful choice of which proposal to support and what is in the best interest of the taxpayer.

We have committed to reviewing our governance process in 2009…how will Council decide to structure itself to make decisions in the future.

I believe this is an important long-term improvement that we should make in the coming year.

Our citizens have made it clear – they want our governance process to improve.

My Task Force on Governance is set to release their report in the coming weeks.

City staff will also be circulating a series of discussion papers to help facilitate our deliberations.

These white papers are a direct result of consultations and interviews they have had with each member of Council.

According to staff, Council has made many valuable suggestions on how to improve our decision making process.

My belief is that we also need to include in this debate the potential of altering our committee structure to create a standing committee on finance.

I hope we can reach an agreement on creating this committee to keep an eye on spending year round and give this committee the tools and the human resources to build and recommend a budget to Council instead of leaving the heavy lifting to city staff.

The budget process is one of our most important responsibilities.

The budget is far too important not to have the checks and balances of the budget process going on all year long.

In closing I want to congratulate you again for the work you have accomplished in the past two years.

It has been rocky at times but that is the nature of transformation.

We are past the halfway mark in our 1,000 days of transformation and we are doing well.

Thank you and lets start the meeting.

Confirmation of Minutes

The Minutes of the special and In Camera meetings of 24 January, the regular and In Camera meetings of 28 January 2009 and the special meeting 30 January 2009were confirmed.

Declarations of pecuniary interest including those originally arising from prior meetings

No declarations were received.

Communications

The following communications were received:

· Association of Municipalities of Ontario (AMO) Alerts :

· Federal Budget

· REMINDER: February 6, 2009 deadline to respond to government's initial proposed AODA Information and Communications Standard

· Minister Extends Consultation Period on the Waste Diversion Act Review to April 1, 2009.

· Federal Government Announces New Infrastructure Funding.

· Responses to Inquiries

· Memorandum from the Deputy City Manager, Infrastructure Services and Community Sustainability providing a partial response to Inquiries 27-08 and 46-08 – Light Rail Project Indirect Costs, and outlining the resources that would be required for a complete response.

Regrets

Councillors P. Hume (City Business) and G. Bédard (City Business) advised they would be absent from the Council meeting of 11 February 2009.

Motion to Introduce Reports

MOTION NO. 60/2

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

That Community and Protective Services Committee Reports 35 and 35A (In Camera), Corporate Services and Economic Development Committee Report 36, Planning and Environment Committee Report 45, Transit Committee Report 22 and Transportation Committee Reports 25, 25A (In Camera) and 26 be received and considered.

And that the Rules of Procedure be suspended to receive and consider Transit Committee Report 23.

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 35

1. OTTAWA COMMUNITY HOUSING CORPORATION OPERATING AGREEMENT

Committee Recommendation

That Council approve the proposed Operating Agreement between Ottawa Community Housing Corporation (OCHC) and the City of Ottawa, attached as Document 1, which defines a funding formula for the OCHC Public Housing and redefines the funding formula for the OCHC Section 95 Municipal Non-Profit Housing.

CARRIED

2. NAMING OF PIONEER PLAINS PARK - STITTSVILLE

Committee Recommendation

That Council approve the area of land commonly known as the Jackson Trails Park, located at 1018 Main Street in Stittsville, be officially named “Pioneer Plains Park.”

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 35A (IN CAMERA)

1. COMMEMORATIVE NAMING APPLICATION – PARK – IN CAMERA - PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL REPORTING OUT DATE: SUBSEQUENT TO COUNCIL APPROVAL

COMMITTEE RECOMMENDATION

That Council approve the commemorative naming proposal to name the area located at 1902 Scott Street Heather Crowe Park.

CARRIED

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 36

1. SALE OF PROPERTY - 281-283 CRICHTON STREET

Committee RecommendationS AS AMENDED

That Council:

1. Declare the property municipally known as 281-283 Crichton Street and shown hatched on Annex “A” attached, containing approximately 192.0 m² (2066.73 square feet), subject to final survey, legally described as Lot 10, Registered Plan 111296 being all of PIN 04218-0311, in the City of Ottawa, as surplus to the City’s needs;

2. Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required, to Albert Nicholas Hock, Robyn Brown and Mark Shelford, for the amount of $385,000 plus GST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received; and

3. That the funds generated from the sale of these lands be held in reserve pending a review of the City’s Housing First Policy.

MOTION 60/3

Moved by Councillor D. Deans

Seconded by Councillor D. Holmes

That 100% of the funds derived from the sale of the Crichton Street properties be directed to the City’s Housing First Policy.

LOST on a division of 9 YEAS to 12 NAYS as follows:

YEAS (9): Councillors J. Legendre, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (12): Councillors R. Bloess, E. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, B. Monette, S. Qadri, M. Wilkinson, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION 60/4

Moved by Councillor J. Legendre

Seconded by Councillor A. Cullen

WHEREAS existing City Policy calls for 25% of the proceeds from City-owned residential land to be set aside for affordable housing;

AND WHEREAS 281-283 and 293-295 Crichton functioned as affordable housing;

AND WHEREAS Corporate Services and Economic Development Committee agreed to recommend that the entire proceeds of the sale of these two properties be held in reserve until a review of the City’s Housing First Policy;

AND WHEREAS it is appropriate in the interim that the normal 25% of the proceeds would be made available for affordable housing;

THEREFORE BE IT RESOLVED THAT Recommendation 3 of each of these items be amended to read in accordance with the following:

3. That, in accordance with existing policy, 25% of the funds generated from the sale of these lands be assigned to affordable housing and that the balance be held in reserve subject to a review of the City’s Housing First Policy, which review is to be completed by the end of 2009.

LOST on a division of 11 YEAS to 11 NAYS as follows:

YEAS (11): Councillors S. Desroches, J. Legendre, M. McRae, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (11): Councillors R. Bloess, E. El-Chantiry, G. Brooks, G. Hunter, B. Monette, S. Qadri, M. Wilkinson, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION 60/5

Moved by Councillor J. Legendre

Seconded by Councillor M. McRae

That the Housing First Policy Review come to Council for decision prior to the end of 2009.

CARRIED

The Committee Recommendations were then divided for voting purposes:

Recommendations 1 and 2 CARRIED on a division of 12 YEAS to 7 NAYS as follows:

YEAS (12): Councillors R. Bloess, El. El-Chantiry, J. Legendre, R. Jellett, S. Qadri, P. Feltmate, M. Wilkinson, M. Bellemare, R. Chiarelli, C. Leadman, D. Thompson and Mayor O’Brien.

NAYS (7): Councillors G. Brooks, G. Hunter, D. Holmes, D. Deans, A. Cullen, C. Doucet and J. Harder.

Recommendation 3 CARRIED on a division of 20 YEAS to 2 NAYS as follows:

YEAS (20): Councillors R. Bloess, S. Desroches, J. Legendre, G. Brooks, M. McRae, R. Jellett, B. Monette, D. Holmes, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, R. Chiarelli, C. Leadman, C. Doucet, D. Thompson, J. Harder and Mayor O’Brien.

NAYS (2): Councillors El. El-Chantiry and G. Hunter.

Item 1 of Corporate Services and Economic Development Committee Report 36 was then put to Council and CARRIED as amended by Motion 60/5 with Councillor G. Hunter dissenting.

2. SALE OF PROPERTY – 293-295 CRICHTON STREET

Committee RecommendationS AS AMENDED

That Council:

1 Declare the property municipally known as 293-295 Crichton Street and shown hatched on Annex “A” attached, containing approximately 196.0 m² (2109.79 square feet), subject to final survey, legally described as Lot 13, Registered Plan 111296 being all of PIN 04218-0316, in the City of Ottawa, as surplus to the City’s needs;

2 Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required, to Ramin Yazdani, in Trust, for the amount of $380,000 plus GST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received; and

3 That the funds generated from the sale of these lands be held in reserve subject to a review of the City’s Housing First Policy.

MOTION 60/6

Moved by Councillor D. Deans

Seconded by Councillor D. Holmes

That 100% of the funds derived from the sale of the Crichton Street properties be directed to the City’s Housing First Policy.

LOST on a division of 9 YEAS to 12 NAYS as follows:

YEAS (9): Councillors J. Legendre, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (12): Councillors R. Bloess, E. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, B. Monette, S. Qadri, M. Wilkinson, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION 60/7

Moved by Councillor J. Legendre

Seconded by Councillor A. Cullen

WHEREAS existing City Policy calls for 25% of the proceeds from City-owned residential land to be set aside for affordable housing;

AND WHEREAS 281-283 and 293-295 Crichton functioned as affordable housing;

AND WHEREAS it is appropriate in the interim that the normal 25% of the proceeds would be made available for affordable housing;

THEREFORE BE IT RESOLVED THAT Recommendation 3 of each of these items be amended to read in accordance with the following:

LOST on a division of 11 YEAS to 11 NAYS as follows:

YEAS (11): Councillors S. Desroches, J. Legendre, M. McRae, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (11): Councillors R. Bloess, E. El-Chantiry, G. Brooks, G. Hunter, B. Monette, S. Qadri, M. Wilkinson, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION 60/8

Moved by Councillor J. Legendre

Seconded by Councillor M. McRae

That the Housing First Policy Review come to Council for decision prior to the end of 2009.

CARRIED

The Committee Recommendations were then divided for voting purposes:

Recommendations 1 and 2 CARRIED on a division of 12 YEAS to 7 NAYS as follows:

YEAS (12): Councillors R. Bloess, El. El-Chantiry, J. Legendre, R. Jellett, S. Qadri, P. Feltmate, M. Wilkinson, M. Bellemare, R. Chiarelli, C. Leadman, D. Thompson and Mayor O’Brien.

NAYS (7): Councillors G. Brooks, G. Hunter, D. Holmes, D. Deans, A. Cullen, C. Doucet and J. Harder.

Recommendation 3 CARRIED on a division of 20 YEAS to 2 NAYS as follows:

NAYS (2): Councillors El. El-Chantiry and G. Hunter.

Item 1 of Corporate Services and Economic Development Committee Report 36 was then put to Council and CARRIED as amended by Motion 60/8 with Councillor G. Hunter dissenting.

3. SINKING FUND LEVIES

Committee Recommendation

That Council receive this report for information.

RECEIVED

4. ACQUISITION OF FITZROY HARBOUR AND BUCKHAM'S BAY BOAT LAUNCHES

Recommendations FROM THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE AND THE CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE

That Council approve:

1. That the Deputy City Manager of City Operations be authorized to negotiate an agreement for the acquisition of the Fitzroy Harbour and Buckham's Bay Boat Launches subject to:

(a) Payment of $1 to the Federal Government;

(b) Federal investment of $240,000 to undertake the replacement of the existing facilities with new boat ramps and wharves;

(c) The settlement of any outstanding land claims with respect to the two properties;

(d) Assumption of ongoing maintenance and lifecycle costs estimated at $13,300 per year; and

(e) City investment of $30,000 plus associated annual maintenance costs of $3,500 to improve the Fitzroy Harbour access road; and

2. That Real Estate Services be authorized to proceed with the acquisition, and report back to the appropriate Standing Committee and Council for final approval.

CARRIED

5. REQUEST FOR DEVELOPMENT CHARGE EXEMPTIONs

Committee Recommendation

That Council resolve to exempt both the Kanata Montessori School (355 Michael Cowpland Drive) and the Ottawa Christian School (255 Tartan Drive) from development charges under Section 7(s) of the Development Charges By-law 2004-298 as development is occurring on land owned by non-profit corporations.

CARRIED

PLANNING AND ENVIRONMENT COMMITTEE REPORT 45

1. DEMOLITION CONTROL - 2630 CARLING AVENUE

Committee recommendation

That Council approve the demolition of the building located at 2630 Carling Avenue.

CARRIED

2. ZONING - 1426 SCOTT STREET

Committee recommendations as amended

(This application is subject to Bill 51)

That Council approve:

1. An amendment to Zoning By-law 2008-250 to rezone 1426 Scott Street from the General Mixed Use GM[127]F(1.0)H(13.5) Zone to a General Mixed Use GM[xxxx] F(1.0) H(13.5) zone to maintain the provisions of the existing zone and to permit a parking lot for a temporary period, as shown in Document 1 and detailed in Document 2.

2. That the by-law to implement Recommendation 1 not be enacted until such time as a Site Plan application for the parking lot is submitted and approved with an agreement entered into or a letter of undertaking provided.

3. That approval of the temporary zoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within six months of approval.

4. That the by-law not come forward until the building is demolished.

CARRIED

3. ZONING - 3530 AND PART OF 3538 JOCKVALE ROAD

Committee recommendation

(This application is subject to Bill 51)

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 3530 and part of 3538 Jockvale Road from DR (Development Reserve Zone) and R3Z [1435]-h (Residential Third Density Subzone Z, Exception 1435, Holding) to R1Z [664] (Residential First Density Subzone Z, Exception 664), R3Z [xxxx] (Residential Third Density Subzone Z, Exception xxxx), and R4Z [xxxy] (Residential Fourth Density Subzone Z, Exception xxxy), as shown in Document 1 and as detailed in Document 2.

CARRIED

4. SIGN BY-LAW MINOR VARIANCE - 70 STONEHAVEN DRIVE

Committee recommendation

That Council approve a variance to Sign By-law 2005-439, to permit an illuminated ground sign within a residential zone with a height of 2.6 metres and with an area of three square metres, as detailed in Document 2, for the retirement home at 70 Stonehaven Drive.

CARRIED

5. SIGN BY-LAW MINOR VARIANCE - 1194 CARP ROAD

Committee recommendation

That Council approve the application to vary Sign By-law 2005-439, to permit a non-illuminated ground sign within a residential zone with a height of 2.6 metres, an area of 2.1 square metres located no closer than 0.3 metres from the front lot line, for the commercial use at 1194 Carp Road.

CARRIED

TRANSIT COMMITTEE REPORT 22

1. ROLL-OUT OF Transit SERVICE – STAFF PRESENTATION

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve the following:

1. All Regular December Passes (includes adult and student available in monthly, annual or semester options) be valid until March 31, 2009;

2. All Express December Passes (includes Express/Rural Express, adult and student, senior and community) be valid until April 30, 2009;

3. All Eco Pass holders (including Regular and Express) will have 70 days of service without deductions after resumption of service.

MOTION NO. 60/9

Moved by Councillor A. Cullen

Seconded by Councillor M. Wilkinson

THEREFORE BE IT RESOLVED that Recommendations 1, 2 and 3 of Transit Committee Report 22, Item 1, Roll-Out of Transit Service - Staff Presentation be revised as follows:

1) All Regular December Passes (includes adult and student available in monthly, annual or semester options) be valid until March 31, 2009, to refund 31 days of service not received and provide 12 days of free service;

2) All Express December Passes (includes Express/Rural Express, adult and student, senior and community) be valid until April 30, 2009, to refund 31 days of service not received and provide 42 days of free service to account for the delayed start to full express service; and

3) All Eco Pass holders (including Regular and Express) will have 70 days of service without deductions after resumption of service, to refund 46 or 60 days of service not received (depending on payroll deductions) and provide 24 or 10 days of free service (depending on payroll deductions).

Motion No. 60/9 was divided for voting purposes.

Resolution 1 CARRIED on a division of 12 YEAS to 10 NAYS as follows:

YEAS (12): Councillors R. Bloess, M. McRae, R. Jellett, D. Holmes, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (10): Councillors El. El-Chantiry, S. Desroches, J. Legendre, G. Brooks, G. Hunter, B. Monette, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

Resolution 2 CARRIED on a division of 12 YEAS to 10 NAYS as follows:

YEAS (12): Councillors R. Bloess, R. Jellett, B. Monette, D. Holmes, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (10): Councillors El. El-Chantiry, S. Desroches, J. Legendre, G. Brooks, M. McRae, G. Hunter, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO. 60/10

That Resolution 3 be amended by the following:

WHEREAS on 4 February 2009, Transit Committee approved the following motion:

1) All Regular December Passes (includes adult and student available in monthly, annual or semester options) be valid until March 31, 2009;

2) All Express December Passes (includes Express/Rural Express, adult and student, senior and community) be valid until April 30, 2009; and

3) All Eco Pass holders (including Regular and Express) will have 70 days of service without deductions after resumption of service

AND WHEREAS Express service will not be fully restored until after Regular service;

THEREFORE BE IT RESOLVED that Recommendation 3 of Transit Committee Report 22, Item 1, Roll-Out of Transit Service - Staff Presentation be amended to add:

3) and that the period be extended to 98 days for all Express Eco Pass holders, after their last payroll deduction by their employers, to refund 46 or 60 days of service not received (depending on payroll deductions) and provide 54 or 40 days of free service (depending on payroll deductions) to take into account the delay in the resumption of full express service.

CARRIED on a division of 13 YEAS to 9 NAYS as follows:

YEAS (13): Councillors R. Bloess, S. Desroches, M. McRae, R. Jellett, D. Holmes, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (9): Councillors El. El-Chantiry, J. Legendre, G. Brooks, G. Hunter, B. Monette, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

Resolution 3 of Motion 60/9, as amended by Motion 60/10, CARRIED on a division of 13 YEAS to 9 NAYS as follows:

YEAS (13): Councillors R. Bloess, S. Desroches, M. McRae, R. Jellett, D. Holmes, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (9): Councillors El. El-Chantiry, J. Legendre, G. Brooks, G. Hunter, B. Monette, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO. 60/11

Moved by Councillor D. Holmes

Seconded by Councillor J. Legendre

That the following recommendation be added:

That staff be directed to bring forward adjustments to the Transit Budget reflecting the costs of any Council-approved mitigation measures on the basis that there will be no net change to the Transit Levy as established in the approved 2009 Budget or resulting in tax increases of any kind.

CARRIED

Transit Committee Report 22, Item 1 was then put to Council and CARRIED as amended by Motion Nos. 60/9, 60/10 and 60/11.

MOTION NO. 60/12

Moved by Councillor G. Hunter

Seconded by Councillor J. Harder

That Transit Committee Report 22 as amended, be reconsidered.

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 11 YEAS to 10 NAYS (7 votes required) as follows:

YEAS (11): Councillors El. El-Chantiry, J. Legendre, G. Brooks, G. Hunter, R. Jellett, B. Monette, S. Qadri, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

NAYS (10): Councillors R. Bloess, M. McRae, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

The following motions were considered later in the meeting, but are set out immediately below for ease of reference.

MOTION NO. 60/13

Moved by Councillor G. Hunter

Seconded by Councillor B. Monette

That the rules of procedure be waived:

a) to set aside the reconsideration of Transit Committee Report 22 (as amended);

b) to provide that the following motion shall be considered but not be subject to amendment or being severed;

c) the adoption of the following motion shall require ¾ present and voting;

d) that should the following motion not be adopted, the reconsideration will stand for the next regular meeting of council or special meeting of council called for that purpose.

CARRIED with Councillors E. El-Chantiry, J. Harder and Mayor O’Brien dissenting.

MOTION NO. 60/14

Moved by Councillor G. Hunter

Seconded by Councillor B. Monette

WHEREAS Transit pass users did not receive full service in the month of December 2008 and that service is to be provided free of charge between February 9^th and February 13, and that weekends are free of charge.

WHEREAS December passes are valid until February 28, 2009.

WHEREAS the last date to exercise refunds for December (regular and express) monthly passes is February 15, 2009.

THEREFORE BE IT RESOLVED THAT Council approve the following:

1. That December regular pass holders may purchase March passes for 40% of the regular price

2. That December Express pass holders may purchase April and May Express passes at regular fare;

3. That the Ecopass payroll deduction holiday be equivalent to the provisions of items 1 and 2;

4. Regular cash and ticket fares be reduced by 50% for the month of February;

5. That the General Manager, Transit Services be authorized to develop further incentives to promote transit ridership to a total upset limit of $10M

CARRIED with Councillor E. El-Chantiry dissenting.

TRANSIT COMMITTEE REPORT 23

1. Strategies to support the resumption of public transit

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve the following:

1. That travel on OC Transpo be provided at no charge for the month of February to all users; and

2. That residents who received refunds for their December bus passes be given the opportunity (with receipts) to buy back their December pass for use under the new rules.

The City Clerk and Solicitor advised that the length of time free transit service would be offered in February, had been decided by Council at its meeting of 30 January 2009 and could not be considered unless the Mayor determined there was new information. Mayor O’Brien ruled that Recommendation 1 was redundant, as there was no new information and the Rules of Procedure would therefore need to be waived to consider Recommendation 1 of Transit Committee Report 23, Item 1. Councillor Cullen challenged the Mayor’s ruling. Mayor O’Brien was sustained on a division of 14 YEAS to 6 NAYS as follows:

YEAS (14): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, R. Jellett, B. Monette, S. Qadri, D. Deans, M. Bellemare, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

NAYS (6): Councillors D. Holmes, P. Feltmate, M. Wilkinson, A. Cullen, C. Leadman and C. Doucet.

MOTION NO. 60/15

Moved by Councillor A. Cullen

Seconded by Councillor C. Doucet

That the Rules of Procedure be waived to consider Recommendation 1 of Transit Committee Report 23, Item 1 - Strategies to Support the Resumption of Public Transit.

Pursuant to Subsection 1(2) waiver of the Rules of Procedure LOST on a division of 12 YEAS to 10 NAYS (17 votes required) as follows:

YEAS (12): Councillors R. Bloess, J. Legendre, M. McRae, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (10): Councillors El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, B. Monette, S. Qadri, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

The Mayor’s ruling that Recommendation 1 was redundant, therefore stood.

MOTION NO. 60/16

Moved by Councillor D. Deans

Seconded by Councillor J. Legendre

1. BE IT RESOLVED that the 2009 interim tax due date be changed to March 30^th, 2009 and that a report be brought to the Corporate Services and Economic Development Committee meeting of February 17^th to establish the dates and rates in a By-law;

2. BE IT FURTHER RESOLVED that the Treasurer be directed to identify an appropriate funding source within the 2009 budget in order to address any income loss associated with this change.

Motion No. 60/16 was divided for voting purposes.

Resolution 1 CARRIED on a division of 16 YEAS to 4 NAYS as follows:

YEAS (16): Councillors R. Bloess, El. El-Chantiry, J. Legendre, G. Brooks, M. McRae, G. Hunter, B. Monette, S. Qadri, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman, D. Thompson, J. Harder and Mayor O’Brien.

NAYS (4): Councillors S. Desroches, D. Holmes, P. Feltmate and C. Doucet.

Resolution 2 LOST on a division of 10 YEAS to 10 NAYS as follows:

YEAS (10): Councillors R. Bloess, S. Desroches, J. Legendre, M. McRae, D. Holmes, D. Deans, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (10): Councillors El. El-Chantiry, G. Brooks, G. Hunter, B. Monette, S. Qadri, P. Feltmate, M. Wilkinson, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO. 60/17

Moved by Councillor S. Desroches

Seconded by Councillor M. Wilkinson

WHEREAS community newspapers are a cost-effective way to reach many residents of the City of Ottawa;

THEREFORE BE IT RESOLVED THAT the City of Ottawa take an economical approach to advertising which includes smaller advertisements and a focus on lower cost community newspapers.

LOST on a division of 8 YEAS to 14 NAYS as follows:

YEAS (8): Councillors El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, M. Wilkinson, M. Bellemare, D. Thompson and Mayor O’Brien.

NAYS (14): Councillors R. Bloess, J. Legendre, M. McRae, R. Jellett, B. Monette, D. Holmes, S. Qadri, P. Feltmate, D. Deans, A. Cullen, R. Chiarelli, C. Leadman, C. Doucet and J. Harder.

MOTION NO. 60/18

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Desroches

WHEREAS limited bus service commenced on the 9^th of February;

AND WHEREAS some routes have 100% of former service provided, some have partial service excluding peak hours and some have no service at all;

AND WHEREAS in providing service to the public the principle of fairness and equity in providing service is of paramount importance for all city services;

AND WHEREAS where frequent service is provided on routes other than the 90 series many buses are not running full;

AND WHEREAS using local routes to take people to the transitway does not provide an early enough service for those who need to get to work for 7 am;

AND WHEREAS some buses are leaving the garage after 7:30 am and could provide an early Express service prior to going to their selected route;

THEREFORE BE IT RESOLVED that OC Transpo review the ridership on routes, other than the 90 series buses, that have been fully serviced to determine if some buses could be removed from regular routes and redeployed to routes which presently have no service;

And FURTHER that staff investigate the possibility of providing early morning express service through deploying buses earlier in the morning until such time as sufficient buses are available to provide full pre-strike service;

And FURTHER that staff report on the results of these investigations to Transit Committee and Council as soon as possible.

CARRIED

MOTION NO. 60/19

Moved by Councillor D. Holmes

Seconded by Councillor P. Feltmate

WHEREAS the recent transit service disruption has impacted many members of the community who have limited financial means

AND WHEREAS OC Transpo currently provides approximately 27,000 free tickets per month for distribution by community resource centres

BE IT THEREFORE RESOLVED that Council approves $50,000 from the Transit Reserve Fund to allow the distribution of an additional approximately 50,000 free tickets in the month of February.

LOST on a division of 11 YEAS to 11 NAYS as follows:

YEAS (11): Councillors J. Legendre, M. McRae, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (11): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, B. Monette, S. Qadri, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

Recommendation 2 of Transit Committee Report 23, Item 1 was then put to Council and CARRIED on a division of 15 YEAS to 6 NAYS as follows:

YEAS (15): Councillors G. Hunter, R. Jellett, B. Monette, D. Holmes, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, R. Chiarelli, C. Leadman, C. Doucet, D. Thompson and J. Harder

NAYS (6): Councillors R. Bloess, El. El-Chantiry, S. Desroches, J. Legendre, G. Brooks and Mayor O’Brien.

Transportation Committee Report 23, Item 1 was then put to Council and CARRIED as amended by the Mayor’s ruling that Recommendation 1 was redundant; Resolution 1 of Motion 60/16; and Motion 60/18.

MOTION NO.60/20

Moved by Councillor D. Holmes

Seconded by Councillor P. Feltmate

That Motion No. 60/19 be reconsidered at the Council meeting of 25 February 2009.

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 11 YEAS to 11 NAYS (8 votes required) as follows:

YEAS (11): Councillors J. Legendre, M. McRae, R. Jellett, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, C. Leadman and C. Doucet.

NAYS (11): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, B. Monette, S. Qadri, R. Chiarelli, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO.60/21

Moved by Councillor D.Deans

Seconded by Councillor J. Harder

That the Rules of Procedure be waived to extend the Council meeting past 7:00 p.m.

CARRIED

TRANSPORTATION COMMITTEE REPORT 25

1. WAIVER of ENCROACHMENT BY-LAW 2003-446 for 224 DALHOUSIE STREET

COMMITTEE RECOMMENDATION

That Council approve the waiver of Section 3(2) of the Encroachment By-law 2003-446 to permit a raised platform to remain as a permanent surface encroachment on the Guigues Avenue road allowance at 224 Dalhousie Street.

CARRIED

2. Waiver to the private approach by-law 2003-447 for 52 hopewell avenue

COMMITTEE RECOMMENDATION

That Council approve the waiver of Section 26(c) of the Private Approach By-Law 2003-447 to reduce the minimum distance between a driveway and an intersection to 5.3 metres from 6 metres at 52 Hopewell Avenue.

CARRIED

3. Blackburn Hamlet Bypass - In-Service Road Safety Review

COMMITTEE RECOMMENDATIONS

That Council approve the following:

1. That staff finalize the implementation of all of the low, medium and high cost strategies identified in the report;

2. That staff undertake the preliminary design for median and side ditch improvements in 2009 as outlined in this report; and

3. That the funding required to undertake the safety improvements for the medians and side ditches be included in the draft 2010 budget.

CARRIED

TRANSPORTATION COMMITTEE REPORT 25A (IN CAMERA)

1. ROADS AND CYCLING advisory committee – appointment TO A DEDICATED SEAT (IN CAMERA – PERSONAL MATTER ABOUT AN IDENTIFIABLE INDIVIDUAL)

REPORTING OUT DATE: UPON COUNCIL APPROVAL

committee recommendation

That Council approve the following appointment to the Roads and Cycling Advisory Committee, term to expire 30 April 2009:

· Mr. Ronald Graves, as the representative of the Kanata Nepean Bicycle Club (KNBC)

CARRIED

TRANSPORTATION COMMITTEE REPORT 26

1. Integrated street furniture program – Project Update and way forward

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

1. Receive the results of best practice research and public consultation;

2. Approve the Integrated Street Furniture Program (ISFP) guiding principles as prioritized in this report and as set out in Document 4;

3. Approve the street furniture elements to be included in the ISFP as described in this report;

4. Approve the advertising based funding model upon which the ISFP will operate;

5. Approve the ISFP advertising permissions, controls and exclusivity as detailed in this report, as amended by the following:

a. by continuing the consideration of advertising on litter/receptacles and benches.

b. by continuing a provision for local business advertisers.

6. Direct staff to work with existing street furniture providers to negotiate a one-year extension to the existing contracts to July 2011; and

7. Direct staff to return to Council prior to the release of the Request for Proposal (RFP) with the final Policy, Design and Placement Guidelines for the ISFP, the overall RFP strategy, and recommendations on litter/recycling collection.

8. That the bicycle parking program component be removed from the Integrated Street Furniture Program.

MOTION NO. 60/22

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

WHEREAS the February 11, 2009 Integrated Street Furniture Program (ISFP) report seeks direction on the street furniture elements to be included in the integrated program;

AND WHEREAS Motion #8 proposes that bicycle parking be removed from the list of street furniture elements to be included;

AND WHEREAS a single contract that integrates all elements of street furniture has the potential to provide more value to the City in terms of additional street furniture elements and revenue than elements administered through multiple contracts;

AND WHEREAS the removal of bicycle parking could have significant financial implications for the overall ISFP business case;

AND WHEREAS staff will be reporting back to committee and Council in Q2 with the results of the business case analysis and specific elements to be included in the RFP;

THEREFORE BE IT RESOLVED that the recommendation to remove bicycle parking from the program (recommendation #8) be deferred, and that staff be directed to review this option and to report back to Council in Q2 2009.

LOST on a division of 9 YEAS to 13 NAYS as follows:

YEAS (9): Councillors R. Bloess, S. Desroches, J. Legendre, R. Jellett, B. Monette, D. Holmes, S. Qadri, A. Cullen and C. Leadman.

NAYS (13): Councillors E. El-Chantiry, G. Brooks, M. McRae, G. Hunter, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, R. Chiarelli, C. Doucet, D. Thompson, J. Harder and Mayor O’Brien.

Transportation Committee Report 26, Item 1 was then put to Council and was divided for voting purposes.

Recommendations 1 to 7 CARRIED

MOTION NO. 60/23

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

That the question be now put on Recommendation 8 of Transportation Committee Report 26, Item 1.

CARRIED on a division of 17 YEAS to 4 NAYS as follows:

YEAS (17): Councillors R. Bloess, E. El-Chantiry, S. Desroches, G. Brooks, M. McRae, G. Hunter, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, R. Chiarelli, C. Leadman, C. Doucet, D. Thompson, J. Harder and Mayor O’Brien.

NAYS (4): Councillors J. Legendre, R. Jellett, D. Holmes and A. Cullen.

Recommendation 8 of Transportation Committee Report 26, Item 1 was then put to Council and CARRIED on a division of 14 YEAS to 7 NAYS as follows:

YEAS (14): Councillors, E. El-Chantiry, S. Desroches, G. Brooks, M. McRae, S. Qadri, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, R. Chiarelli, C. Leadman, C. Doucet, D. Thompson and J. Harder.

NAYS (7): Councillors R. Bloess, J. Legendre, R. Jellett, B. Monette, D. Holmes, A. Cullen. and Mayor O’Brien.

Motion to Adopt Reports

MOTION NO. 60/24

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

That the Community and Protective Services Committee Reports 35 and 35A (In Camera), Corporate Services and Economic Development Committee Report 36, Planning and Environment Committee Report 45, Transit Committee Reports 22 and 23 and Transportation Committee Reports 25, 25A (In Camera) and 26 be received and adopted as amended.

CARRIED

Motions of Which Notice has Been Given Previously

MOTION NO. 60/25

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

WHEREAS Councillor G. Bédard is unable to attend this Council meeting because he is away at the AFMO board meeting on official city business, and,

WHEREAS this issue has a significant impact on the future development and growth of this city and his ward in particular, Councillor Bédard would very much appreciate the opportunity to take part in the decision,

THEREFORE BE IT RESOLVED THAT Council accords Councillor Bédard’s respectful request that it defer a decision on all Interprovincial River Crossing motions (January 28th, 2009) to the next Council Meeting two weeks from now.

LOST on a division of 11 YEAS to 11 NAYS as follows:

YEAS (11): Councillors J. Legendre, M. McRae, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, M. Bellemare, A. Cullen, R. Chiarelli, C. Leadman and C. Doucet.

NAYS (11): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, R. Jellett, B. Monette, S. Qadri, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO. 60/26

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

WHEREAS three significant studies to date have shown Kettle Island as the best location for a bridge between Ottawa and Gatineau; and

Whereas Phase 2 of the Interprovincial Crossings study will refine the technically preferred alternative identified in Phase 1 and carry out a detailed Environmental Assessment of alternatives; and

Whereas the consulting team of ROCHE-NCE have identified that Kettle Island should be the focus of the next stage of the Interprovincial Crossings Study;

THEREFORE BE IT RESOLVED THAT Council does not support the inclusion of the Lower Duck corridor in the next study phase.

CARRIED on a division of 13 YEAS to 8 NAYS as follows:

YEAS (13): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, M. McRae G. Hunter, R. Jellett, B. Monette, S. Qadri, M. Bellemare, D. Thompson, J. Harder and Mayor O’Brien.

NAYS (8): Councillors J. Legendre, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, R. Chiarelli, C. Leadman and C. Doucet.

MOTION NO. 60/27

Moved by Councillor J. Legendre

Seconded by Councillor D. Holmes

That Motion No. 60/26 be reconsidered at the Council meeting of 25 February 2009.

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 10 YEAS to 12 NAYS (8 votes required) as follows:

YEAS (10): Councillors J. Legendre, M. McRae, D. Holmes, P. Feltmate, D. Deans, M. Wilkinson, A. Cullen, R. Chiarelli, C. Leadman and C. Doucet.

NAYS (12): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, G. Hunter, R. Jellett, B. Monette, S. Qadri, M. Bellemare, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO. 60/28

Moved by Councillor M. Bellemare

Seconded by Councillor D. Deans

WHEREAS in February 1999 the interprovincial transportation study commissioned by the National Capital Commission, the Regional Municipality of Ottawa-Carleton, and the Communauté urbaine de l'Outaouais concluded that "it would be appropriate to consider a new approach to solving the gradual deterioration of traffic conditions in the NCR [National Capital Region]", that "this approach would consist of developing a ring road around the NCR territory", and that the "route of the ring road would initially comprise roads and highways surrounding the area (existing or planned in the short term) and two new interprovincial links; one in the east in the Orléans/Masson-Angers corridor, and the other in the west, possibly in the Kanata/Aylmer corridor";

AND WHEREAS In June 2007 the Mayor of Ottawa's Task Force on Transportation came to the same conclusion and called for the construction of a ring road tied to a new bridge over the Ottawa River.

AND WHEREAS the environmental organization Ottawa Riverkeeper recently announced that the best place for a new bridge would be between Cumberland and Masson-Angers, and in particular, that "a crossing at Cumberland/Masson would have the least impact on the river and a crossing at Lower Duck Island would likely have the greatest impact on the river";

THEREFORE BE IT RESOLVED THAT the Cumberland-Masson-Angers corridor be protected and included in Phase 2 for evaluation.

LOST on a division of 5 YEAS to 15 NAYS as follows:

YEAS (5): Councillors D. Holmes, D. Deans, M. Bellemare, C. Leadman and C. Doucet.

NAYS (15): Councillors R. Bloess, El. El-Chantiry, S. Desroches, G. Brooks, M. McRae, G. Hunter, R. Jellett, B. Monette, S. Qadri, P. Feltmate, M. Wilkinson, A. Cullen, D. Thompson, J. Harder and Mayor O’Brien.

MOTION NO. 60/29

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

That Council support the positions of the Province of Ontario and the Province of Quebec in the matter of the Interprovincial River Crossing Environmental Assessment.

RULED OUT OF ORDER

MOTION NO. 60/30

Moved by Councillor S. Qadri

Seconded by Councillor D. Thompson

WHEREAS the development approvals for the Westwood Community provide for a park with a soccer field and other facilities;

AND WHEREAS this requirement was explicitly identified in the drawings referred to in the registered subdivision agreement;

AND WHEREAS the plan of subdivision containing the park was registered in 2005;

AND WHEREAS the park has not yet been constructed;

AND WHEREAS extensive discussions have taken place with the developers with respect to having the park constructed;

AND WHEREAS prior to and at a public meeting of the community in November, 2008 it was held out that the construction work would take place over the period between December, 2008 and May, 2009;

AND WHEREAS an agreement was drafted to incorporate this timing but this agreement has not been signed by the developers;

AND WHEREAS Planning and Environment Committee, pursuant to delegated authority, approved on 27 January 2009 the imposition on the next phase of the Westwood Community a condition of draft plan approval to requirement the terms of the agreement be adhered to;

AND WHEREAS, regardless of the timing of the registration of Phase 3, the community is entitled to have Coyote Run Park constructed now;

THEREFORE BE IT RESOLVED THAT Council approve that:

1. the City cash $150,000 of the existing letter of credit;

2. $450,000 in interim funding be made available to the City Operations Department to permit the construction of Coyote Run Park;

3. The developers of phase 3 of Westwood be required to repay the cost of the construction of Coyote Run Park no later than the registration of Phase 3; and

4. That the provisions of the Notice By-law relating to the notice of amendments to the Budget be waived.

MOTION NO. 60/31

Moved by Councillor S. Qadri

Seconded by Councillor D. Thompson

That Motion No. 60/30 be deferred to the Council meeting of 25 February 2009.

DEFERRAL CARRIED

MOTION NO. 60/32

Moved by Councillor A. Cullen

Seconded by Councillor G. Bédard

WHEREAS on January 15, 2009 Council established a Sub Committee of Transit Committee to work with staff on a Return to Transit Recovery Program;

AND WHEREAS Council provided a list of initiatives to be considered by Transit Committee and Council as part of the Return to Transit Recovery Program;

AND WHEREAS the Return to Transit Recovery Program will consist of both immediate actions and a longer-term strategy to rebuild ridership and ensure customers are compensated for lost service;

AND WHEREAS decisions respecting immediate actions are needed to facilitate immediate implementation at the end of the strike;

THEREFORE BE IT RESOLVED that City Council delegate authority to Transit Committee to make decisions regarding the implementation plan for those immediate actions that are not related to fares or the transit levy, as long as they are within the Council-approved budget for Transit Services after incorporating any anticipated financial impacts from the strike.

WITHDRAWN

Motions (Requiring Suspension of the Rules of Procedure)

MOTION NO. 60/33

Moved by Councillor J. Harder

Seconded by Councillor D. Holmes

That the Rules of Procedure be waived to consider the following:

WHEREAS the current Development Charges Bylaw, and 17 area specific stormwater and drainage system bylaws, are set to expire in July 2009; and

WHEREAS there are four (4) key issues that City Council must consider prior to approving a new Development Charges Bylaw; and

WHEREAS the current Terms of Reference of the Corporate Services and Economic Development Committee (“CSEDC”) provides that CSEDC is responsible for holding public meetings or hearings required by provincial legislation, unless otherwise delegated, and monitoring all matters connected with expenditure, revenue and investment; and

WHEREAS Council has been moving towards a process where the Standing Committee responsible for a policy area is also responsible for approving financial matters related to expenditure, revenue and investment, which is in keeping with the direction of forthcoming recommendations stemming from the Mid-term Governance Review; and

WHEREAS the Development Charges Bylaw is directly related to the Official Plan and is important in terms of influencing development;

THEREFORE BE IT RESOLVED that Planning and Environment Committee be delegated the responsibility for holding public meetings and providing recommendations to Council with respect to the enactment of the new development charges by-laws resulting from the requirement for the five year review pursuant to the Development Charges Act.

CARRIED

MOTION NO. 60/34

Moved by Councillor M. McRae

Seconded by Councillor J. Harder

That the Rules of Procedure be suspended to consider and approve the following motion:

WHEREAS on November 26, 2008, Council voted to adopt a new Transportation Master Plan to include Light Rail Transit (LRT) between Blair and Baseline stations and the construction of a Light Rail Tunnel through the downtown of the City;

AND WHEREAS the Federal Government has pledged a total of approximately 33 billion dollars through its Building Canada Plan initiative to fund infrastructure throughout Canada, and the Province of Ontario is also a funding partner for new infrastructure;

AND WHEREAS the City of Ottawa intends to pursue funding for various infrastructure projects, including those related to transit, at both the Provincial and Federal Government levels.

AND WHEREAS Legal Services staff anticipate that, in light of the current LRT-related litigation, the Federal and Provincial Governments may, as part of their due diligence, have questions about any potential exposure to liability should they agree to fund any infrastructure projects, including those related to transit;

AND WHEREAS the City Solicitor previously obtained a confidential opinion letter from the law firm of Borden Ladner Gervais dated November 5, 2008 concluding that any Government funding of the City’s LRT project is unlikely to result in an exposure to any special liability should the Government become involved in the funding of the City’s future LRT project for the City arising from the current LRT litigation;

AND WHEREAS the City Solicitor wishes to provide the letter to the federal and provincial governments and/or their Legal Counsel with a copy of the opinion letter received from Borden Ladner Gervais, on a confidential basis, to address any liability concerns that may be raised;

AND WHEREAS the opinion letter provided by Borden Ladner Gervais is subject to Solicitor-Client privilege and cannot be released another level of government unless Council agrees to waive Solicitor-Client privilege over the letter;

THEREFORE BE IT RESOLVED THAT City Council agrees to waive Solicitor-Client privilege over the letter of opinion received from Borden Ladner Gervais and directs the City Solicitor to forward a copy of the letter to a requesting government agency and/or its Legal Counsel with strict instructions that government agency and/or its Legal Counsel keep the content of the letter confidential and are not to release the letter to any person or persons without the City’s express written consent.

CARRIED

Notices of Motion (For Consideration at Subsequent Meeting)

MOTION

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

WHEREAS, 2010 marks the 150th anniversary of the founding of the St-Joseph d’Orléans parish; and

WHEREAS, celebrating Orléans’ 150th anniversary is one way of recognizing the founding of one of the first Francophone villages east of Bytown, the capital of Canada, which is now Ottawa; and

WHEREAS, the City of Ottawa will be taking part in the celebrations under the theme Proud of our past, celebrating the present and preparing the future to recognize the contribution of community pioneers and builders in the development of the Orléans area; and

WHEREAS, the celebrations of Orléans’ 150^th anniversary will feature activities commemorating its history and promoting a community that has managed to retain its language and culture, with the desire that this Francophone identity will be passed on to future generations; and

WHEREAS, the celebrations of Orléans’ 150th anniversary will create a feeling of belonging to this very vibrant community;

THEREFORE BE IT RESOLVED that the City of Ottawa proclaims the year 2010 as the Year Marking Orléans’ 150^th anniversary.

MOTION

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

WHEREAS the City delivers hundreds of services that are important to the lives of the citizens of Ottawa; and

WHEREAS there will inevitably be occasions when unanticipated events occur that raise public concern; and

WHEREAS elected representatives are contacted directly by residents to voice their concerns and ask questions; and

WHEREAS the local media are an effective tool to communicate quickly with a large number of citizens;

THEREFORE BE IT RESOLVED that City staff be directed to hold timely Councillor and media briefings as a primary tool for getting accurate information out to citizens as quickly as possible when unanticipated issues of significant public concern arise.

MOTION

Moved by Councillor C. Doucet

Seconded by Councillor C. Leadman

WHEREAS the Ottawa River is the largest and most important supply of drinking water for Eastern Ontario and West Quebec municipalities;

WHEREAS the Ottawa River follows the provincial boundary between Quebec and Ontario;

WHEREAS Ontario has established source water protection for all municipalities in Ontario with the authority to prepare source water protection plans for those municipalities;

WHEREAS the source water protection plans developed under Ontario’s authority to protect clean drinking water from the Ottawa River will not address source water protection on a watershed basis;

WHEREAS taking a piecemeal approach to source protection for communities along the Ottawa River will not satisfy the intent of the Walkerton Inquiry recommendations to protect source drinking water on a watershed basis;

WHEREAS, without source water programs being in place on both sides of the

River, the efforts to ensure that our mutual interest in maintaining clean drinking water cannot be met;

BE IT RESOLVED that the City of Ottawa petition the Federal, Ontario and Quebec governments for a source water protection plan for the Ottawa River including all municipalities on both sides of the river for recommendations to protect the public;

BE IT FURTHER RESOLVED that given the urgency of this matter, that timetable be established with deadlines for responses from all levels of government with an objective of May 31, 2009.

MOTION

Moved by Councillor D. Deans

Seconded by Councillor P. Feltmate

WHEREAS in 1908 the first Women’s Day was held in the United States, accompanied by large demonstrations in which women demanded political and economic rights, as well as the right to vote;

AND WHEREAS in 1910 women delegates from around the world met in Copenhagen to propose that Women’s Day become an internationally recognized event;

AND WHEREAS the first International Women’s Day was held in 1911;

AND WHEREAS in 1997, the United Nations officially called for all countries to mark a day for the recognition of women’s equality;

THEREFORE BE IT RESOLVED THAT Ottawa City Council declare March 8, 2009, to be International Women’s Day in the City of Ottawa.

Notices

Notice of Intent from the City Auditor General to Table at the 25 February 2009 Council meeting, a report entitled "Office of the Auditor General – Tabling of the 2008 Audit Reports – Volume 1".

Notice of Intent from the City’s Meeting Investigator to submit an investigation report for consideration at the 25 February 2009 Council meeting.

By-laws Three Readings

MOTION NO. 60/35

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

That the following by-laws be enacted and passed, including amended By-law 2009-59 (amended legal description):

2009-45 A by-law of the City of Ottawa to amend By-law No. 2003-500 regarding certain service charges related to the municipal water supply.

2009-46 A by-law of the City of Ottawa to amend By-law No. 2007-452 respecting tax deferral program fees.

2009-47 A by-law of the City of Ottawa to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

2009-48 A by-law of the City of Ottawa to amend By-law No. 2005-439 regulating permanent signs on private property.

2009-49 A by-law of the City of Ottawa to amend By-law No. 2003-69 respecting compliance reports and associated fees in the Development Services Department.

2009-50 A by-law of the City of Ottawa to change the name of a municipal highway in the City of Ottawa (Goulbourn Forced Road to Didsbury Road).

2009-51 A by-law of the City of Ottawa to designate 87, 89, 91, 93, 95, 97, 99, 101, 103, 105, 107 and 109 Bandelier Way, as being exempt from Part Lot Control and to repeal By-law No. 2009-15.

2009-52 A by-law of the City of Ottawa to designate 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772, 774, 776, 778, 780, 782, 784, 786, 788, 790 and 792 Fletcher Circle, as being exempt from Part Lot Control and to repeal By-law No. 2008-442

2009-53 A by-law of the City of Ottawa to designate Part of Lot 78 on Plan 4M-1318, being Parts 1 and 2 on Reference Plan 4R-23311, as being exempt from Part Lot Control and to repeal By-law No. 2008-441 (Lucinda Crescent).

2009-54 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting Fire Routes.

2009-55 A by-law of the City of Ottawa to amend By-law No. 2001-15 to appoint Inspectors in respect of Fire Prevention Matters.

2009-56 A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement.

2009-57 A by-law of the City of Ottawa to amend By-law No. 2007-338 to appoint Municipal Law Enforcement Officers in the Transit Services Branch of the Infrastructure Services and Community Sustainability Department.

2009-58 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 3530 and part of 3538 Jockvale Road.

2009-59 A by-law of the City of Ottawa to amend By-law No. 2008-504 respecting Committee of Adjustment fees and to repeal By-law No. 2009-3.

2009-60 A by-law of the City of Ottawa to designate Trim Road Inc, Phase 3 (Notting Hill) at 2200 Trim Road, as being exempt from Part Lot Control.

CARRIED

Confirmation By-law

MOTION NO. 60/36

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

THAT By-law 2009-61 to confirm the proceedings of Council be enacted and passed.

CARRIED

Inquiries

From Councillor C. Doucet with respect to the NCC Bike Share Program.

From Councillor C. Doucet with respect to the Interprovincial Bridge Study.

From Councillor C. Doucet with respect to the overnight parking ban improvements.

From Councillor C. Doucet with respect to apparent Conflicts of Interest in Transportation EAs.

Adjournment

Council adjourned the meeting at 9:50 p.m.


CITY CLERK		MAYOR