OTTAWA CITY COUNCIL

13 may 2009

ANDREW S. HAYDON HALL

10:00 a.m.

MINUTES 66

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 13 May 2009 beginning at 10:00 a.m.

The Deputy Mayor, Michel Bellemare, presided and the Deputy City Clerk led Council in prayer.

The National Anthem was performed by Brian Carroll.

MOMENT OF SILENCE – Alex Getty

Council observed a Moment of Silence in memory of Alex Getty, Ottawa Carleton District School Board Trustee, who passed away on Sunday, April 26, 2009.

Roll Call

ALL MEMBERS WERE PRESENT EXCEPT MAYOR O’BRIEN.

Confirmation of Minutes

The Minutes of the regular and In Camera meeting of 22 April 2009 were confirmed.

Declarations of 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 :

· CRTC Changes National Do Not Call List - Municipal Candidates Now Exempt

· Federal Rules Changed for Building Canada Fund Projects with Provincial Environmental Assessments until 2011.

· AMO advises members on changes to funding for Local Immigration Partnerships (LIPs)

· AMO report to members on April 2009 Board meeting

· AMO Establishes Task Force to Foster Local Economic Development Opportunities

· Labour Mobility Changes Affect Ontario Municipalities.

· Responses to Inquiries

· 37-08 – Report Post Budget re Capital Projects

Regrets

Mayor O’Brien advised he would be absent from the Council meeting of 13 May 2009.

Motion to Introduce Reports

MOTION NO. 66/1

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

That the Agriculture and Rural Affairs Committee Report 40, Community and Protective Services Committee Report 39, Corporate Services and Economic Development Committee Reports41 and 41A (In Camera), Planning and Environment Committee Report 50, Transit Committee Report 26 and Transportation Committee Reports 28A and 29 be received and considered.

And that the Rules of Procedure be suspended to receive and consider the report from the Auditor General entitled “Office of the Auditor General - The Fraud and Waste Hotline”.

CARRIED

City Auditor General

1. OFFICE OF THE AUDITOR GENERAL - THE FRAUD AND WASTE HOTLINE

BUREAU DU VÉRIFICATEUR GÉNÉRAL – LIGNE DIRECTE FRAUDE ET ABUS

REPORT RECOMMENDATION

That Council receive this report for information.

RECEIVED

Direction to Staff

That the Auditor General be directed to send to all members of Council today, the Fraud and Waste Hotline phone number and e-mail address.

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 40

1. MOTION - FLOWING CREEK DRAINAGE DITCH

MOTION - LE FOSSÉ DE DRAINAGE DU RUISSEAU FLOWING

Committee Recommendation

That Council approve that the necessary steps be taken immediately to move the Flowing Creek Drainage Ditch Project forward in an expeditious manner, and that procedures be put in place to avoid these unacceptable delays in future projects of this type.

CARRIED

2. PARKLAND ACQUISITION-CARP HONEYWELL LANDS

ACQUISITION DE TERRAINS À VOCATION DE PARC – TERRAINS CARP HONEYWELL

Committee Recommendation

That Council direct staff to bring forward a parkland acquisition report regarding the Carp Honeywell lands this Fall 2009, prior to budget discussions.

CARRIED

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 39

1. STRATEGIC FOOD SAFETY REPORT

Rapport stratégique sur la salubrité des aliments

Committee RecommendationS AS AMENDED

That Council:

1. Receive Ottawa Public Health’s Food Safety Strategy as outlined in this report.

2. Approve the Public Health Inspection Internship Program, as outlined in this report, including an incentive payment to cover the cost of tuition and books to a maximum of $8,000 for a participating student’s last year of study in an Environmental Health Degree Program, recognizing that the student may not honour the terms of repayment of the incentive payment in the event that the student does not secure employment with the City and that the Public Health Internship Program actively search out candidates who qualify for future employment under the City of Ottawa Bilingualism Policy to undertake the Public Health Inspection Internship Program and that the candidates be offered practical, field based training during the summer of each year’s term.

3. Approve the Food Handler Course and Certification fee increase to $40 per person (plus GST) and the $10 (plus GST) fee for certificate re-issue in order to improve cost recovery efforts.

4. Direct staff to provide the Strategic Food Safety Report to the Ministry of Health and Long Term Care following Council approval.

CARRIED

2. POVERTY REDUCTION STRATEGY FRAMEWORK

CADRE DE LA STRATÉGIE DE RÉDUCTION DE LA PAUVRETÉ

Committee RecommendationS AS AMENDED

That Council:

1. Approve the Poverty Reduction Strategy Framework and planning process, as described in this report.

2. Appoint one representative of Council to sit on the Poverty Reduction Strategy Steering Committee and that Councillor G. Bédard be the appointed Councillor.

CARRIED

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 41

1. LEASE RENEWAL – 580 Terry Fox Drive and 600 Terry Fox Drive, OWNED BY 1457722 ONTARIO INC. AND 969111 ONTARIO LIMITED, RESPECTIVELY

RENouvellement de bail 580, promenade TERRY-FOX et 600, promenade TERRY-FOX, appartenant respectivement à 1457722 ONTARIO INC. et 969111 ONTARIO LIMITED

COMMITTEE RECOMMENDATIONS

That Council approve:

1. A lease renewal for the existing lease for the 10,228 square feet of rentable area of ground floor and second floor office space occupied by the Kanata Client Service Center at 580 Terry Fox Drive, Kanata, within a building owned by 1457722 Ontario Inc., for a term of twenty-nine (29) months commencing 1 December 2009 at a total rent of $593,224 plus GST;

2. A sub-lease renewal to the Ontario Realty Corporation of 2,349 square feet of rentable area of the above space within the building at 580 Terry Fox Drive, Kanata, for a term of twenty-nine (29) months commencing 1 December 2009 at a total revenue to the City of $136,242 plus GST;

3. A lease renewal for the existing lease for the 1,479 square feet of rentable area of ground floor office space occupied by the Kanata South Ward Councillor at 600 Terry Fox Drive, Kanata, within a building owned by 969111 Ontario Limited for a term of twenty-nine (29) months commencing 1 December 2009 at a total rent of $85,782 plus GST; and

4. A sub-lease renewal to the Ontario Realty Corporation of 740 square feet of rentable area of the above space within the building at 600 Terry Fox Drive, Kanata, for a term of twenty-nine (29) months commencing 1 December 2009 at a total revenue to the City of $42,920 plus GST.

CARRIED

2. DISPOSITION OF 2008 OPERATING DEFICIT

Règlement du déficit de fonctionnement de 2008

COMMITTEE RECOMMENDATIONS

That Council approve:

1. That the deficit of $15.4 million, after adjustments made under delegated authority, in the tax supported operations be funded by:

a) a transfer from the Transit Capital Reserve Fund of $7.7 million being the transit portion of the tax supported deficit and;

b) a transfer from the City Wide Capital Reserve Fund of $7.7 million; and

2. That the deficit of $3.7 million, after adjustments made under delegated authority, in the rate supported operations be funded by a transfer from the Wastewater Capital Reserve Fund.

CARRIED with Councillor G. Brooks dissenting.

3. CAPITAL ADJUSTMENTS AND CLOSING OF PROJECTS – TAX SUPPORTED

AJUSTEMENT DU BUDGET DES IMMOBILISATIONS ET CESSATION DE PROJETS FINANCÉS PAR RECETTES FISCALES

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

1. Approve the budget adjustments as detailed in revised Document 1;

2. Authorize the closing of capital projects listed in revised Document 2, the funding of deficits as identified and the return of balance of funds to funding sources;

3. Approve a net decrease in debt authority of $16.833 million as a result of recommendations 1 and 2;

4. Permit those projects in Document 3 that qualify for closure, based on the policy adopted by Executive Management Committee (EMC), to remain open;

5. Authorize the funding of the Library’s one-time operating cost of $120,000 from the Library Reserve Fund; and

6. Receive the budget adjustments in Document 5 undertaken in accordance with the Delegation of Authority By-law 2005-503, as amended, as they pertain to capital works.

MOTION NO. 66/2

Moved by Councillor M. McRae

Seconded by Councillor D. Holmes

WHEREAS funds in the amount of 690K exist in the Red Light Camera Capital Program;

WHEREAS between 2004 and 2006 Ottawa’s signalized intersections accounted for 18 traffic-related deaths, almost 5,300 injuries and nearly 15,000 collisions;

WHEREAS intersections equipped with Red Light Cameras have shown an 11% reduction in total collisions and a 32% reduction in angle collisions

WHEREAS red light running and aggressive driving continues to be a driver behaviour that causes a majority of serious crashes on Ottawa roads;

WHEREAS red light cameras are a tool that assists in the enforcement of red light running;

WHEREAS red light cameras are an excellent use of engineering technology to deter red light running and aggressive driving;

WHEREAS intersections equipped with red light cameras and the presence of advance warning signs at the approaches to these intersections help to raise awareness of the need for safer driving practices;

And WHERES red light cameras play an integral role in the success of the City’s Integrated Road Safety Program aimed at decreasing serious injuries or deaths on Ottawa roads by 30 per cent by 2010,

THEREFORE BE IT RESOLVED that the $450,000 be maintained in the Red Light Camera project for the further expansion of the program;

FURTHER that any changes to the operating budget resulting from the increased number of sites and increasing the number of cameras for the program resulting in expenditures and corresponding increase in incremental revenues from fines be identified in the Draft 2010 Operating Budget; and,

FURTHER that Staff be directed to advise Council of suitable red light camera sites and move to construct and implement these sites in 2009.

CARRIED with Councillor M. Wilkinson dissenting.

MOTION NO. 66/3

Moved by Councillor D. Holmes

Seconded by Councillor G. Bédard

WHEREAS not-for-profit community child care agencies are currently requesting $2.9 million to fund capital expenses;

AND WHEREAS these requests are for minor and major capital expenses to maintain existing facilities in order to continue to provide service and meet the requirements of the Day Nurseries Act;

AND WHEREAS funds currently available in the 2009 Capital Grant Program are not sufficient to meet the need;

BE IT RESOLVED that the funds from the accounts listed below, which are recommended for closure, be transferred to 905120 Child Care Capital Grant Program 2009.

901226 Child Care Capital Grant Program surplus $30,546

903590 Child Care Spaces surplus $40,000

903922 Child Care Capital Grant Program 2006 surplus $82,225

CARRIED

MOTION NO. 66/4

Moved by Councillor A. Cullen

Seconded by Councillor C. Leadman

THEREFORE BE IT RESOLVED THAT $123,000 in Account 903495 Area Traffic Management be applied to the 2009 Area Traffic Management Program, so that more area traffic management projects can be dealt with.

CARRIED

Item 3, Corporate Services and Economic Development Committee Report 41 was then put to Council and CARRIED as amended by Motion Nos. 66/2, 66/3 and 66/4.

4. REIMBURSEMENT OF STORMWATER DEVELOPMENT CHARGES - FINDLAY CREEK PROPERTIES LTD. AND 1374527 ONTARIO LIMITED

remboursement des redevances d’aménagement relatives aux eaux de ruissellement - findlay creek properties ltd and 1374527 ontario limited

COMMITTEE RECOMMENDATION

That Council approve a reimbursement to Findlay Creek Properties Ltd and 1374537 Ontario Limited in the amount of $72,624 from the Sewer Reserve Fund in respect of stormwater development charges for the Rotary Home.

CARRIED

5. SUPPORT TO DOWNTOWN-AREA BIAs PARTICULARLY AFFECTED BY INFRASTRUCTURE RESTORATION, ECONOMIC RECESSION AND LINGERING EFFECTS OF THE PUBLIC TRANSIT STRIKE

SOUTIEN AUX ZAC DU CENTRE-VILLE PARTICULIÈREMENT AFFECTÉES PAR LA RESTAURATION DES INFRASTRUCTURES, LA RÉCESSION ÉCONOMIQUE ET LES SÉQUELLES DE LA GRÈVE DANS LE TRANSPORT EN COMMUN

COMMITTEE RECOMMENDATIONS

That Council approve:

1. The funding required to implement a promotional campaign that would seek to restore public visitation to and business activity within downtown-area business improvement areas (BIAs); and

2. The cost of the campaign be borne by the transit budget and covered by a contribution from the Transit Reserve.

CARRIED

6. REFRESHing THE CITY'S ECONOMIC STRATEGY

ranimer la stratégie économique de la Ville

COMMITTEE RECOMMENDATION

That Council receive this report for information.

CARRIED

7. ROYAL CANADIAN LEGION BRANCH 314, MANOTICK – REIMBURSEMENT OF BUILDING PERMIT FEES

FILIALE 314 DE LA LÉGION ROYALE CANADIENNE, MANOTICK – REMBOURSEMENT DES DROITS DE PERMIS DE CONSTRUIRE

COMMITTEE RECOMMENDATION

That Council approve funding in the form of a grant, in the amount of $6830.00, be allocated from the City-Wide Capital Reserve Fund to reimburse the Royal Canadian Legion Branch 314 located at 5550 Ann Street in Manotick to offset the building permit fees paid to the City for the construction of the new Legion facilities.

CARRIED

The following two items were considered In-Camera later in the meeting (see Motion No. 66/10 – Motion to Resolve In Camera), however, for ease of reference Council’s disposition of both is set out immediately below.

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE

REPORT 41A (IN CAMERA)

1. STRATEGIC cOLLECTIVE BARGAINING - 2009 MANDATES – in camera - labour relations and employee negotiations

NĖGOCIATION COLLECTIVE STRATĖGIQUE – MANDATS POUR 2009 – À HUIS CLOS – RELATIONS DE TRAVAIL OU NÉGOCIATIONS COLLECTIVES

COMMITTEE RECOMMENDATION

That Council consider establishing an Employee and Labour Relations Sub-Committee of the Corporate Services and Economic Development Committee as part of the Mid-term Governance Review.

MOTION NO. 66/5

Moved by Councillor D. Holmes

Seconded by Councillor P. Feltmate

WHEREAS more than 90% of the City’s 16,000 employees are represented by bargaining agents for various unions;

AND WHEREAS the rights to unionize and to bargain collectively have been recognized by the Supreme Court of Canada as fundamental rights protected by the Canadian Charter of Rights and Freedoms;

AND WHEREAS City Council has recognized in the City of Ottawa Strategic Plan that the City “wants to promote a culture that fosters employee engagement to enhance productivity, staff morale and empowerment”;

AND WHEREAS meeting this objective will require the participation of the bargaining agents representing City of Ottawa employees;

THEREFORE BE IT RESOLVED that City Council endorse the principle that the City will work collaboratively with the bargaining agents representing its employees with a view to fostering harmonious labour relations and helping the City meet its strategic goals.

CARRIED

MOTION NO. 66/6

Moved by Councillor G. Brooks

Seconded by Councillor D. Thompson

WHEREAS collective bargaining disputes for fire and police services in Ontario are resolved exclusively through the interest arbitration process;

AND WHEREAS the interest arbitration process can also be effective in ensuring that the public is not deprived of other vital local government services as a result of a strike or lockout;

AND WHEREAS interest arbitrators have not historically been sensitive enough to the economic impact their decisions have on municipal taxpayers;

AND WHEREAS financial security has long been considered a cornerstone of judicial independence, which should apply equally to decision-makers involved in the labour arbitration process;

THEREFORE BE IT RESOLVED that City Council ask the Minister of Labour to establish an independent panel of interest arbitrators, employed and funded exclusively by the Province, to hear and rule on collective agreement disputes involving the broader public sector, including all municipalities in Ontario.

CARRIED

Item 1, Corporate Services and Economic Development Committee Report 41A was then put to Council and CARRIED as amended by Motion Nos. 66/5 and 66/6.

2. 2009 MPE ECONOMIC INCREASE - in camera - labour relations and employee negotiations – Reporting out date: following council consideration

AUGMENTATION ÉCONOMIQUE 2009 DU GEDP - À HUIS CLOS – RELATIONS DE TRAVAIL OU NÉGOCIATIONS COLLECTIVES – DATE PRÉSENTATION DU RAPPORT : SUITE À L’APPROBATION DU CONSEIL

COMMITTEE RECOMMENDATION

That Council approve a direction to staff to proceed with a 1.5% increase for 2009 for the MPE group.

MOTION NO. 66/7

Moved by Councillor S. Desroches

Seconded by Councillor M. McRae

That the recommendation now read:

That Council approve a direction to staff to proceed with a 1.5% increase for 2009 for the MPE group and that this rate also be applied to members of Council.

CARRIED

Item 2, Corporate Services and Economic Development Committee Report 41A was put to Council and CARRIED as amended by Motion No. 66/7 with Councillors R. Bloess and R. Jellett dissenting.

PLANNING AND ENVIRONMENT COMMITTEE REPORT 50

1. CAPITAL aDJUSTMENTS AND CLOSING OF PROJECTS – RATE SUPPORTED

AJUSTEMENT DU BUDGET DES IMMOBILISATIONS ET CESSATION DE PROJETS FINANCÉS PAR REDEVANCES

Committee recommendationS

That Council:

1. Approve the budget adjustments as detailed in Document 1;

2. Authorize the closing of capital projects listed in Document 2, the funding of deficits as identified and the return of balance of funds to funding sources;

3. Approve a net decrease in debt authority of $2.531 million as a result of recommendations 1 and 2;

4. Permit those projects in Document 3 that qualify for closure, based on the policy endorsed by Executive Management Committee (EMC), to remain open; and

5. Receive the budget adjustments in Document 3 undertaken in accordance with the Delegation of Authority By-law 2005-503, as amended, as they pertain to capital works.

CARRIED

2. ZONING - 38 ELVASTON AVENUE

ZONAGE - 38, AVENUE ELVASTON

Committee recommendation as amended

(This application is subject to Bill 51)

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 38 Elvaston Avenue from General Mixed-Use Zone, Subzone 9 (GM9 H(18.5)) to General Mixed-Use Zone, Subzone 9, Exception XX (GM9[XX] H(18.5)), as shown in Document 1 and as detailed in Document 2, as amended to limit the additional land use to “retail drug store”.

MOTION NO. 66/8

Moved by Councillor G. Hunter

Seconded by Councillor S. Qadri

WHEREAS the site 38 Elvaston/181 Greenbank is currently zoned General Mixed Used with a height limit of 18.5 metres;

AND WHEREAS the zoning amendment under consideration proposes to add Retail Drug Store;

AND WHEREAS the height of the proposed retail use does not exceed 7 metres;

THEREFORE BE IT RESOLVED THAT the height limit for the site be changed from 18.5 metres to 7 metres.

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

Yeas (8): Councillors G. Brooks, S. Qadri, B. Monette, R. Jellett, G. Hunter, M. Wilkinson, R. Chiarelli and E. El-Chantiry.

Nays (14): Councillors R. Bloess, C. Leadman, A. Cullen, D. Holmes, S. Desroches, P. Hume, J. Legendre, D. Thompson, G. Bédard, D. Deans, M. Bellemare, M. McRae, C. Doucet and P. Feltmate.

Item 2, Planning and Environment Committee Report 50 was then put to Council and CARRIED on a division of 18 YEAS to 4 NAYS as follows:

Yeas (18): Councillors R. Bloess, C. Leadman, G. Brooks, S. Qadri, B. Monette, D. Holmes, S. Desroches, P. Hume, G. Hunter, J. Legendre, D. Thompson, G. Bédard, M. Wilkinson, R. Chiarelli, M. Bellemare, M. McRae, E. El-Chantiry and P. Feltmate.

Nays (4): Councillors A. Cullen, R. Jellett, D. Deans and C. Doucet.

3. Zoning - 806, 812, 830 and 846 March Road

zonage - 806, 812, 830 et 846, chemin March

Committee recommendation

(This application is subject to Bill 51)

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 806, 812, 830, and 846 March Road from GM[1527]-General Mixed-use Zone, DR-Development Reserve Zone, and LC7[1522]-Local Commercial Zone to GMxx-General Mixed-use Zone, GMxx H(10.5)-General Mixed-use Zone, and O1-Parks and Open Space Zone, as detailed in Document 2 and shown in Document 1.

CARRIED

4. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - FIFTH REPORT

RÈGLEMENT DE ZONAGE 2008-250 : ANOMALIES ET CORRECTIONS MINEURES – CINQUIÈME RAPPORT

Agriculture and Rural Affairs Committee recommendation

That Council approve the amendments recommended in Column 4 of Document 2, to correct anomalies in Zoning By-law 2008-250.

Planning and environment Committee recommendation as amended

(This application is subject to Bill 51)

That Council approve the amendments recommended in Column 4 of Document 1, to correct anomalies in Zoning By-law 2008-250, as amended in Item 9, Column 4 to indicate a minimum lot area of “3250 square metres” instead of “3504 square metres”.

CARRIED

5. 2008 ANNUAL REPORT ON BUILDING CODE FEES

RAPPORT ANNUEL DE 2008 SUR LES DROITS DE PERMIS DE CONSTRUCTION

Committee recommendation

That Council approve the 2008 Annual Report on Building Code Fees, as outlined in Document 1.

CARRIED

6. SOURCE WATER PROTECTION PLAN FOR THE OTTAWA RIVER - MOTION 60/30

PLAN DE PROTECTION DES SOURCES D'EAU POUR LA RIVIÈRE DES OUTAOUAIS - MOTION 60/30

Committee recommendation

That Council approve the motion attached in Document 1 in order to send a strong and cohesive message to the Province of Ontario of the need for an inter-jurisdictional approach to the protection of the Ottawa River.

CARRIED

7. GREEN BUILDING PROMOTION PROGRAM UPDATE AND REVISED PILOT PROGRAM

MISE À JOUR SUR LE PROGRAMME DE PROMOTION DES IMMEUBLES ÉCOLOGIQUES ET PROJET PILOTE MODIFIÉ

Committee recommendation

That Council approve the revised Green Building Pilot Program as described in this report.

CARRIED

8. UPDATE - CHOOSING OUR FUTURE: AN INTEGRATED APPROACH TO BUILDING A SUSTAINABLE AND RESILIENT NATIONAL CAPITAL REGION

Choisir notre avenir : une approche intégrée pour assurer la durabilité et la résilience de la région de la capitale nationale

Committee recommendation

That Council receive this report for information.

RECEIVED

9. Support in principle for the undertaking of the Rideau Canal Corridor Landscape Strategy

SOUTIEN de PRINCIPE concernant la mise en œuvre de la stratégie d’aménagement paysager du couloir du canal rideau

Committee recommendation

That Council support in principle the concept of the “Rideau Canal Corridor Landscape Strategy” and direct staff to stay informed about this work.

CARRIED

10. Exemption from the Demolition Control Process for 63 Pinhey Avenue

Exemption au processus de démolition pour la propriété située au 63, avenue Pinhey

Committee recommendation

That Council approve that 63 Pinhey Avenue be exempted from the requirements set out in the Demolition Control By-law to enable the demolition of the building by the City without further delays.

CARRIED

TRANSIT COMMITTEE REPORT 26

1. NEW ARTICULATED BUS GARAGE - EFFICIENCY MODIFICATIONS AND COST-SAVING OPPORTUNITIES

NOUVEAU GARAGE POUR AUTOBUS ARTICULÉS – MODIFICATIONS RELATIVES À L’EFFICACITÉ ET POSSIBILITÉS D’ÉCONOMIES

committee recommendations as amended

That Council:

1. Approve increasing the scope of the construction of the new Articulated Bus Garage at 735 Industrial Ave. to increase the productive capacity of the facility from 147 to 210 articulated buses;

2. Approve the additional funding to a limit of $15M for Account Number 903780 New Transit Garage for a revised project authority of $80.36M; and

3. Direct staff to undertake an industrial engineering study of existing transit facilities to develop a long-term maintenance and operational plan and present Transit Committee with options to rationalize facilities as part of the 10-Year Transit Operating and Capital Plan for 2010.

4. That staff be directed to hold a public consultation session in collaboration with the ward Councillor and report back to Transit Committee in the form of an IPD, which will outline the measures being undertaken to address the public’s concerns.

CARRIED

TRANSPORTATION COMMITTEE REPORT 28A

1. PEDESTRIAN CROSSWALK AT THE INTERSECTION OF KING EDWARD AVENUE AND CATHCART STREET

PASSAGE PIÉTONS À L’INTERSECTION DE L’AVENUE KING EDWARD ET DE LA RUE CATHCART

committee recommendations as amended

That Council approve the following:

1. That Council’s approval of the recommendations contained in Councillor Bédard’s Report ACS2007-CCS-TRC-002 that “a pedestrian operated traffic signal be installed at the intersection of King Edward Avenue and Cathcart Street, and that funds be allocated from the King Edward Capital Project” be rescinded.

2. That the City of Ottawa undertake to have the speed limit on the Macdonald Cartier Bridge on the Ontario side reduced from 60K/hour to 50K/hour and the speed limit at the entry curve to King Edward Avenue be reduced from 40K/hour to 30K/hour;

3. That the speed limit on KEA be reduced from 50K/hour to 40K/hour from Sussex to Mann Avenue; and,

4. That the City of Ottawa aggressively pursue the province of Ontario to permit the City of Ottawa to install on an exceptional basis photo radar technology on KEA to reduce the excessive speeding on the road.

MOTION NO. 66/9

Moved by Councillor M. McRae

Seconded by Councillor G. Bédard

WHEREAS City Council wishes to ensure the safety of pedestrians city wide;

AND WHEREAS speeding has been identified as a serious safety concern at the entry of King Edward Avenue from the MacDonald-Cartier Bridge;

AND WHEREAS the weight of professional opinion is that “it is highly unlikely that any additional speed management measures short of photo radar will add any additional increment of speed reduction to that of what is actually being achieved” at that location;

AND WHEREAS the City of Ottawa is unable to address the excessive speeding at this location through the use of photo radar, which has been demonstrated as an effective enforcement tool to curb speeding, without the approval of the Provincial Government and changes to the Highway Traffic Act and its Regulations;

THEREFORE BE IT RESOLVED that City Council hereby requests the Minister of Transportation to enact the statutory and regulatory changes necessary to allow the City of Ottawa to implement photo radar for the purpose of reducing excessive speeding city wide including at the entry of King Edward Avenue near the MacDonald-Cartier Bridge, as soon as possible.

CARRIED

Item 1, Transportation Committee Report 28A was then put to Council and CARRIED as amended by Motion No. 66/9.

2. AIRPORT PARKWAY IN-SERVICE SAFETY REVIEW

EXAMEN DE SÉCURITÉ EN SERVICE DE LA PROMENADE DE L’AÉROPORT

committee recommendation

That Council approve the implementation of the recommendations outlined in the report.

CARRIED

3. BRONSON AVENUE IN-SERVICE ROAD SAFETY REVIEW

examen interne de la sécurité routière sur l’avenue bronson

committee recommendations

That Council approve:

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

2. That the northbound curb lane on Bronson Avenue on the approach to the Colonel By Drive off-ramp be designated as right turn only;

3. That the proposed roadway modification, as shown in Document 3, be constructed to physically prevent northbound motorists on Bronson Avenue in the curb lane on the approach to the Colonel By Drive off-ramp, from proceeding through this right-turn lane;

4. That in 2009, staff undertake the preliminary design for an asphalt pathway, as shown in Document 5, on the west side of Bronson Avenue, between Colonel By Drive and Brewer Way, as outlined in this report; and,

5. That the funding required to undertake the safety improvements for an asphalt pathway on the west side of Bronson Avenue, between Colonel By Drive and Brewer Way, be included for consideration in the draft 2010 budget.

CARRIED

TRANSPORTATION COMMITTEE REPORT 29

1. ECOMOBILITY SERVICE – PILOT PROJECT

SERVICE ÉCOMOBILITÉ – PROJET PILOTE

COMMITTEE RECOMMENDATIONS

That Council approve:

1. That the City of Ottawa contract EnviroCentre to ensure that City of Ottawa workplaces (up to a total of 20 workplaces) with more than 25 employees and less than 100 employees participates in the ecoMobility service for $500 per workplace, including;

· an online employee survey to determine current modal split;

· customized reports detailing the most feasible TDM strategies to implement at each City workplace;

· facilitation of better commuting options through workshops, seminars and online motivational tools;

· measurements of modal shift, including vehicle reduction, use of more sustainable commuting options, and resulting CO2 reductions.

2. That if this pilot project succeeds in measured reductions in the use of single occupancy vehicles during peak hours by increasing the use of TDM measures in these workplaces, EnviroCentre will be asked to propose to the Transit Committee and/or the Transportation Committee, ways in which this service could be expanded to cover City workplaces with more than 100 employees.

CARRIED

Motion To Resolve In Camera

MOTION NO. 66/10

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

BE IT RESOLVED THAT the Rules of Procedure be suspended to receive briefings from the City Clerk and Solicitor with respect to:

i) the ratification of the tentative collective agreement reached with CUPE Local 503; and

ii) Light Rail Transit Litigation – Update (external Legal Counsel will also be present for this item).

AND BE IT FURTHER RESOLVED that Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13. (1) (d) labour relations or employee negotiations, (e) litigation or potential litigation, affecting the City, including matters before administrative tribunals and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to:

i) Item 1, CSEDC Report 41A, Strategic Collective Bargaining – 2009 Mandates – Labour Relations and Employee Negotiations;

ii) Item 2, CSEDC Report 41A, 2009 MPE Economic Increase – In Camera – Labour Relations and Employee Negotiations

iii) the ratification of the tentative collective agreement reached with CUPE Local 503; and

iv) Light Rail Transit Litigation – Update.

CARRIED

Council resolved In Camera at 11:56 a.m.

IN CAMERA SESSION

IN COUNCIL

Council resumed in open session at 2:42 p.m.

ADDITIONAL ITEM

1. THE RATIFICATION OF THE TENTATIVE COLLECTIVE AGREEMENT REACHED WITH CUPE LOCAL 503

MOTION NO. 66/11

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

WHEREAS the City and the Ottawa-Carleton Public Employees’ Union, CUPE Local 503 (“CUPE 503”) have concluded very positive efforts to negotiate a renewal of their collective agreement for the City’s Inside/Outside Employees;

AND WHEREAS all outstanding bargaining issues have, for the first time since amalgamation, been resolved through good faith negotiations rather than through interest arbitration, and a tentative collective agreement has been reached;

THEREFORE BE IT RESOLVED THAT City Council ratify the settlement proposed for resolution of all outstanding collective bargaining issues for the renewal of the CUPE Inside/Outside collective agreement for the period January 1, 2009, to December 31, 2011;

AND THEREFORE BE IT FURTHER RESOLVED THAT the CUPE 503 Inside/Outside collective agreement be made public upon ratification by the membership.

CARRIED with Councillor G. Hunter dissenting.

Motion to Adopt Reports

MOTION NO. 66/12

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

CARRIED

Motions Requiring Suspension of the Rules of Procedure

MOTION NO. 66/13

Moved by Councillor P. Hume

Seconded by Councillor J. Legendre

BE IT RESOLVED that the Rules of Procedure be waived to permit the introduction of the following motion:

WHEREAS Section 3(1) of the City of Ottawa Encroachment By-law 2003-446, as amended, provides that “no person shall construct, erect, or alter an encroachment without first obtaining a permit in accordance with this by-law”;

AND WHEREAS Section 3(2) of the By-law 2003-446, as amended provides that, “no person shall erect a permanent surface encroachment”;

AND WHEREAS the property owner of 62 Rupert, within the City of Ottawa, has constructed steps within the Rupert Street road allowance;

BE IT THEREFORE RESOLVED that Section 3(2) of the By-law 2003-446, as amended, be waived to permit the steps to remain within the road allowance adjacent to 62 Rupert Street, subject to the condition that the property owner agrees to enter into a Permanent Encroachment Agreement in a form satisfactory to the City Clerk and Solicitor and the General Manager, Planning and Growth Management, within 30 days, and the agreement shall constitute the permit for the encroachment.

CARRIED

MOTION NO. 66/14

Moved by Councillor C. Leadman

Seconded by Councillor M. McRae

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

WHEREAS Heritage Brewing is a beverage distillery in the City of Ottawa applying for a “By-The-Glass” Manufacturer's Limited Liquor Sales Licence through the Alcohol and Gaming Commission of Ontario;

AND WHEREAS a resolution of Council supporting this application is necessary for its license approval from the Alcohol and Gaming Commission of Ontario;

AND WHEREAS Heritage Brewing is a business in good standing and an active part of the city’s business community;

BE IT RESOLVED THAT The City of Ottawa support Heritage Brewing, a local distillery, in its application to the Alcohol and Gaming Commission of Ontario for a “By-The-Glass” Manufacturer's Limited Liquor Sales Licence.

CARRIED

MOTION NO. 66/15

Moved by Councillor P. Hume

Seconded by Councillor P. Feltmate

WHEREAS the Federation of Municipalities (“FCM”) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction; and

WHEREAS the FCM's National Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the federal government; and

WHEREAS the 72^nd FCM Annual Conference is being held from June 5-8, 2009 during which the Annual General Meeting will be held and followed by the election of the FCM National Board of Directors;

THEREFORE BE IT RESOLVED that Council endorse Councillor Marianne Wilkinson to stand for election as an Ontario representative on the FCM National Board of Directors.

CARRIED

Notices of Motion (For Consideration at Subsequent Meeting)

MOTION

Moved by Councillor D. Deans

Seconded by Councillor C. Leadman

WHEREAS Canadian demographics indicate that seniors are one of the fastest growing population groups in our communities with nationwide projections that by 2036, their numbers will represent 24.5% or 9.8 million citizens;

AND WHEREAS according to the 2006 census from Statistics Canada, over 100,000 seniors (aged 65 and over) reside in the City of Ottawa and it is expected that by the year 2031, the number will grow to approximately 230,000 seniors

AND WHEREAS the City of Ottawa has benefited from the many tireless hours of volunteer work and leadership generously donated by local senior citizens;

AND WHEREAS senior citizens have helped to build our communities through active living, shared knowledge, and a diversity of experiences;

AND WHEREAS the month of June is recognized by the Province of Ontario as Senior’s Month;

THEREFORE BE IT RESOLVED THAT Ottawa City Council declare June 2009, to be Senior’s Month in the City of Ottawa.

MOTION

Moved by Councillor B. Monette

Seconded by Councillor R. Bloess

WHEREAS, as a former Mayor of Cumberland and Former Regional, Chair Peter D. Clark envisioned the current Orléans Town Center;

AND WHEREAS, as a respected city father, Peter D. Clark’s extensive and focused contribution to the Township of Cumberland should be appropriately commemorated in relation to the Orléans Town Centre;

AND WHEREAS a process similar to the commemorative naming process for buildings was followed to ensure that the community supported the recommended name of Peter D. Clark Place for the road which will encircle the Orléans Town Center;

AND WHEREAS there is resounding support for this name in the community;

THEREFORE BE IT RESOLVED that the road circling the Orléans Town Center be named Peter D. Clark Place.

MOTION

Moved by Councillor C. Doucet

Seconded by Councillor P. Hume

WHEREAS the Sierra Club has invited Ottawa City Council to challenge Yellowknife City Council during the Commuter Challenge from May 31 to June 6;

THEREFORE BE IT RESOLVED THAT, in the spirit of friendly competition for a good purpose, Ottawa City Council accept the Sierra Club’s invitation to compete with Yellowknife during the 2009 Commuter Challenge.

NOTICE OF INTENT

Deputy Mayor Bellemare read into the record, the following Notice of Intent:

Notice of Intent from the City's Closed Meeting Investigator to submit an investigation report for consideration at the 27 May 2009 Council meeting.

By-laws Three Readings

MOTION NO. 66/16

Moved by Councillor M. Bellemare

Seconded by Councillor G. Brooks

That the following by-laws be enacted and passed:

2009-129 A by-law of the City of Ottawa to establish the tax ratios for the taxation year 2009.

2009-130 A by-law of the City of Ottawa respecting property subclass tax reductions for the year 2009.

2009-131 A by-law of the City of Ottawa to levy taxes for the year 2009.

2009-132 A by-law of the City of Ottawa to levy taxes for the year 2009 for additional capital costs.

2009-133 A by-law of the City of Ottawa to levy taxes for the year 2009 for police services.

2009-134 A by-law of the City of Ottawa to levy taxes for the year 2009 for the City of Ottawa’s share of the costs of the conservation authorities.

2009-135 A by-law of the City of Ottawa to establish a special levy for fire protection and prevention in the urban service area for the year 2009.

2009-136 A by-law of the City of Ottawa to establish a special levy for fire protection and prevention in the rural service area for the year 2009.

2009-137 A by-law of the City of Ottawa to establish a special levy for public transportation within the service area known as the Urban Transit Area for the year 2009.

2009-138 A by-law of the City of Ottawa to establish a special levy for public transportation within the service area known as the Town Transit Area for the year 2009.

2009-139 A by-law of the City of Ottawa to establish a special levy for public transportation within the Rural Transit Service Areas for the year 2009.

2009-140 A by-law of the City of Ottawa to establish a special levy for community and recreational services within the service area known as the Canterbury Community Centre Expansion Area for the year 2009.

2009-141 A by-law of the City of Ottawa respecting the calculation of the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes or multi-residential property class for 2009.

2009-142 A by-law of the City of Ottawa to establish a percentage by which tax decreases are limited for 2009 for properties in the commercial, industrial and multi-residential property classes.

2009-143 A by-law of the City of Ottawa to amend By-law No. 2003-500 respecting the sewer service rate.

2009-144 A by-law of the City of Ottawa to levy a special charge in respect of the Business Improvement Areas in the City of Ottawa and to provide for the collection of these special charges for the year 2009.

2009-145 A by-law of the City of Ottawa to impose, levy and collect a rate for the purposes of The Sparks Street Mall Management Board with respect to the Sparks Street Mall for the year 2009.

2009-146 A by-law of the City of Ottawa to amend By-law No. 2007-452 respecting the deadline for an application for the tax deferral program.

2009-147 A by-law of the City of Ottawa to amend By-law No. 2005-303 respecting fees for building permits.

2009-148 A by-law of the City of Ottawa to establish the Parking Reserve for the City of Ottawa.

2009-149 A by-law of the City of Ottawa to amend By-law No. 2003-530 respecting parking meter fees and motorcycle parking.

2009-150 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Knights Drive).

2009-151 A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the regulating, licensing and governing of itinerant sellers in the rural areas of the City.

2009-152 A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the regulating, licensing and governing of rural refreshment vehicles, rural mobile canteens and rural refreshment stands in the rural area of the City.

2009-153 A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the licensing, regulating and governing of mobile refreshment vehicles, mobile canteens, mobile refreshment carts, and refreshment stands.

2009-154 A by-law of the City of Ottawa to designate certain lands on 107 Hornchurch Lane, as being exempt from Part Lot Control and to repeal By-law No. 2009-105.

2009-155 A by-law of the City of Ottawa to designate certain lands at 89, 91, 103, 107, 109, 111, 113, 115, 117, 119 and 121 Brady Avenue as being exempt from Part Lot Control.

2009-156 A by-law of the City of Ottawa to designate certain lands at 300, 302, 304, 306, 308, 310, 312, 314, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336, 338, 340, 342 and 344 Harvest Valley Avenue as being exempt from Part Lot Control.

2009-157 A by-law of the City of Ottawa to designate certain lands at Kingbrook Drive and Foxhall Way as being exempt from Part Lot Control.

2009-158 A by-law of the City of Ottawa to designate certain lands at 184, 202, 226, 230, 238, 242, 248 and 250 Calaveras Avenue and at 169, 171, 175 Hornchurch Lane, as being exempt from Part Lot Control and to repeal By-law No. 2009-108.

2009-159 A by-law of the City of Ottawa to designate certain lands on 1016 Grapefern Terrace, 1422-1440, 1421-1441 Comfrey Crescent, 1778, 1782, 1788, 1794 and 1796 Plainridge Place as being exempt from Part Lot Control and to repeal By-law No. 2009-109.

2009-160 A by-law of the City of Ottawa to designate certain lands at 450, 470, 472, 474, 429, 427 Celtic Ridge Crescent and 110, 108 and 106 Windance Crescent as being exempt from Part Lot Control.

2009-161 A by-law of the City of Ottawa to repeal By-law No. 2008-459 and to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as 20 Frank Nighbor Road.

2009-162 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 properties known municipally as 806, 812, 830 and 846 March Road.

2009-163 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 181 Greenbank Road and formerly known as 38 Elvaston Avenue.

2009-164 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to correct technical errors within the said by-law affecting various properties within the City of Ottawa.

2009-165 A by-law of the City of Ottawa to authorize the installation of public sanitary sewers within the streets/locations described below in the Rideau Glen Area and to undertake such works as a local improvement.

2009-166 A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting Fire Routes and to repeal By-law No. 2009-54.

2009-167 A by-law of the City of Ottawa to amend By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Code Services Branch of the Infrastructure Services and Community Sustainability Department.

2009-168 A by-law of the City of Ottawa to amend By-law No. 2006-273 to appoint certain Municipal Law Enforcement Officers.

2009-169 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.

CARRIED

Confirmation By-law

MOTION NO. 66/17

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

THAT By-law 2009-170 to confirm the proceedings of Council be enacted and passed.

CARRIED

Inquiries

From Councillor M. McRae with respect to enforcing Site Plan Agreements

Adjournment

Council adjourned the meeting at 3:07 p.m.


CITY CLERK		DEPUTY MAYOR