OTTAWA CITY COUNCIL

16 and 17 NOVEMBER 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 78

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 16 and 17 November 2009.

 

 

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

 

 

The National Anthem was performed by the Merivale High School Vocal Jazz Ensemble.

 

 

Announcements/Ceremonial Activities

 

UPDATE ON THE H1N1 RESPONSE

 

Councillor Deans, Chair, Community and Protective Services Committee provided Council with an update on the H1N1 Response.

 

UPDATE ON THE UNITED WAY EMPLOYEE CAMPAIGN

 

Councillor Deans and Councillor El-Chantiry, Honorary Co-Chairs of the 2009 United Way Employee Campaign, reported on the events of the Campaign and announced the amount raised to date was $400,000.

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

Confirmation of Minutes

 

The Minutes of the regular and In Camera meetings of 28 October 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 :

·                    Waste Diversion Act Review

·                    Good Government Bill Proposes Municipal Election Changes

·                    AMO Applauds Government for Moving Forward on the Implementation of Early Learning and Child Care in Ontario

·                    Good Government Bill Contains Minor Changes for Municipalities

·                    Consultation on Blue Box Changes

 

·                    Responses to Inquiries

·                    25-09 – Briefings to Council

·                    23-09 - The formal process when disposing of public lands initially acquired by expropriation

 

 

Regrets

 

No regrets were filed.

 

 

Motion to Introduce Reports

 

MOTION NO. 78/1

 

Moved by Councillor G. Bédard

Seconded by Councillor S. Desroches

 

That Agriculture and Rural Affairs committee Report 46A, Corporate Services and Economic Development Committee Reports 48 and 48A (In Camera), and Planning and Environment Committee Report 59A, be received and considered;

And That the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 60, because of the urgency of the matters contained therein (specific reasons for each item set out below).

 

(It is important that Council consider the programs set out in this report, so that residents can benefit from the proposed changes as soon as possible.)

 

                                                                                                            CARRIED

 

 

After dealing with the Consent Agenda, Council recessed the meeting at 10:30 a.m. on Monday 16 November 2009 and resumed at 11:00 a.m. on Tuesday 17 November 2009.

 

 

Tuesday, 17 November 2009

 

Reconsideration

 

CITY COUNCIL – 14 OCTOBER 2009

 

TRANSIT COMMITTEE REPORT 31

 

 

1.             Advancing Smartbus Features

 

Promotion De Caractéristiques Propres Aux Autobus Intelligents

 

 

committee recommendations

 

That Council approve:

 

1.         Advancing the deployment of two SmartBus features being offered as value-added options by the Next Stop Announcement System (NSAS) vendor Clever Devices.

 

2.         A budget of $17M for the 2009 Capital Project - Transit Vehicle Information System, which requires no new funding and includes:

 

a)         $6.72M from previous Council-approved NSAS funding;

b)         $5.65M from a previously identified SmartBus project that will now be incorporated into the Clever Devices’ platform;

c)         $1.6M savings within IO 905146 (Bus Growth); and

d)         $3.03M savings within IO 905205 (Bus Replacement).

MOTION NO. 75/6

 

Moved by Councillor A. Cullen

Seconded by Councillor M. Wilkinson

 

WHEREAS the City Clerk and Solicitor has been recently apprised of various legal/procurement issues pertaining to the tendering process with respect to the Advancing Smartbus Features;

 

THEREFORE BE IT RESOLVED that the Transit Committee Report 31, Item 1 – Advancing Smartbus Features be deferred for two weeks and that Council direct the City Clerk and Solicitor to bring a report forward prior to the next Council meeting on October 28th, 2009.

 

DEFERRAL CARRIED with Councillor J. Legendre dissenting.

 

CITY COUNCIL – 28 OCTOBER 2009

 

MOTION NO. 76/1

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

BE IT RESOLVED that Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13 (1) (a) the security of the property of the City; (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 necessary for that purpose, with respect to Transit Committee Report 31, Item 1, Advancing Smartbus Features , to receive a briefing from the City Clerk and Solicitor.

 

                                                                                    CARRIED

 

Council resolved In Camera at 2:45 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 4:25 p.m.

 

Upon resuming in open session, Mayor O’Brien indicated Council had met In Camera to receive a briefing from the City Clerk and Solicitor on matters related to Transit Committee Report 31, Item 1, Advancing Smartbus Features.  There were no votes taken other than to give direction to staff or to deal with procedural matters.

 

MOTION NO. 76/2

 

Moved by Councillor A. Cullen

Seconded by Councillor M. McRae

 

WHEREAS, there is a pressing need to implement an automated stop-calling system on the City’s OC Transpo fleet of buses;

 

AND WHEREAS as a result of a competitive City procurement process a qualified proponent has been identified to provide a SmartBus Features Next Stop Announcement System (NSAS) for an automated stop-calling system that will also provide a flexible platform on which future technologies can be quickly and efficiently integrated;

 

AND WHEREAS Council at its meeting of October 28, 2009 received from the General Manager of Transit Services a presentation on Advancing SmartBus Features, including the merits and financial benefits to the City of the automated stop-calling system being proposed by Clever Devices Inc.;

 

AND WHEREAS the General Manager of Transit Services and the City Treasurer are of the opinion that the award of the contract to Clever Devices Inc. as described herein is in the best interest of the City;

 

THEREFORE BE IT RESOLVED THAT pursuant to Sections 9 (1)(c), (e), (f) and 9 (2) of the City’s Purchasing By-law, being BY-LAW NO. 50 OF 2000, as amended, and despite any other sections of the same By-law, that Council deems it to be in the best interest of the City to approve the award of the SmartBus Features Next Stop Announcement System (NSAS) contract to Clever Devices Inc. with an approved budget of $12.1 million based on the existing Council approved budgets as set out in the staff report Transit Committee Report 31, Item 1 (Advancing SmartBus Features).

 

LOST on a division of 10 YEAS to 11 NAYS as follows:

 

YEAS (10):      Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard, M. McRae, C. Leadman, P. Hume, A. Cullen, C. Doucet and Mayor O’Brien.

 

NAYS (11):     Councillors R. Chiarelli, R. Bloess, S. Qadri, M. Wilkinson, R. Jellett, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare and G. Hunter.

 

The Recommendations contained in Transit Committee Report 31, Item 1 were then put to Council and LOST on a division of 5 YEAS to 16 NAYS as follows:

 

YEAS (5):        Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard and A. Cullen.

 

NAYS (16):     Councillors R. Chiarelli, R. Bloess, S. Qadri, M. McRae, M. Wilkinson, R. Jellett, C. Leadman, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare, P. Hume, G. Hunter, C. Doucet and Mayor O’Brien.

 

 

MOTION NO. 76/3

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

BE IT RESOLVED that Council reject the Transit Committee recommendations and tender the rescoped project in a transparent fashion for all interested bidders.

 

BE IT FURTHER RESOLVED that the tender be submitted to Transit Committee and Council before going to market.

 

CARRIED on a division of 11 YEAS to 10 NAYS as follows:

 

YEAS (11):      Councillors R. Chiarelli, R. Bloess, S. Qadri, M. Wilkinson, R. Jellett, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare and G. Hunter.

 

NAYS (10):     Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard, M. McRae, C. Leadman, P. Hume, A. Cullen, C. Doucet and Mayor O’Brien.

 

 

MOTION NO. 76/4

 

Moved by Councillor J. Legendre

Seconded by Councillor C. Doucet

That Transit Committee Report 31, Item 1, Advancing Smartbus Technology be reconsidered at the Council meeting of 16 November 2009.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 9 YEAS to 12 NAYS (7 votes required) as follows:

 

YEAS (9):        Councillors D. Holmes, P. Feltmate, J. Legendre, G. Bédard, M. McRae, C. Leadman, A. Cullen, C. Doucet and Mayor O’Brien.

 

NAYS (12):     Councillors R. Chiarelli, R. Bloess, S. Qadri, M. Wilkinson, R. Jellett, D. Deans, B. Monette, S. Desroches, J. Harder, M. Bellemare, P. Hume and G. Hunter.

 

CITY COUNCIL – 16 AND 17 NOVEMBER 2009

 

MOTION NO. 78/2

 

Moved by Councillor G. Bédard

Seconded by Councillor S. Desroches

 

BE IT RESOLVED THAT the Rules of Procedure be suspended to permit the City Clerk and Solicitor to brief Council on the tentative agreement reached for the renewal of the Amalgamated Transit Union Local 1760 collective agreement;

 

AND BE IT FURTHER RESOLVED THAT Council resolve In Camera pursuant to Procedure By-law 2006-462,

 

1)                  Subsections 13.(1)(d) labour relations or employee negotiations and (f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the tentative agreement reached for the renewal of the Amalgamated Transit Union Local 1760;.

 

2)         Subsections 13.(1)(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 Item 1 of Corporate Services and Economic Development Committee Report 48A (In Camera), 200 Crichton Street – Litigation Update; and

 

3)         Subsections 13 (1) (a) the security of the property of the City; (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 necessary for that purpose, with respect to Transit Committee Report 31, Item 1, Advancing Smartbus Features , to receive a briefing from the City Clerk and Solicitor.

 

                                                                                                            CARRIED

Council resolved In Camera at 12:15 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed in open session at 3:05 p.m.

 

Upon resuming in open session, Mayor O’Brien indicated Council had met In Camera to receive legal advice related to the procurement issues on the item – Advancing Smartbus Features; to receive a briefing on the City’s collective agreement with ATU Local 1760 (a motion ratifying the collective agreement was approved by Council in open session later in the meeting – see Motion 78/8 below); and to receive a briefing and legal advice regarding litigation for 200 Crichton Street.  There were no votes taken other than to give direction to staff or to deal with procedural matters.

 

MOTION NO. 78/3

 

Moved by Councillor R. Jellett

Seconded by Councillor A. Cullen

 

WHEREAS a Notice of Motion to Reconsider Transit Committee Report No. 31, “Advancing Smartbus Features”, was carried by Council at its meeting on October 28th, 2009; and

 

WHEREAS on November 4th, 2009, a memo from the G.M., Transit Services, entitled, “2010 Transit Services Capital Budget Revised Estimates,” confirmed that the Next Stop Announcement System  (“NSAS”) “will be delayed by approximately two years in order to develop revised specifications, seek Transit Committee and Council Approval”, during which time the City will be subject to further charges of non-compliance by the Canadian Transportation Agency; and

 

WHEREAS the November 4th memo also identified new information,  being additional costs in the range of $7.3M related to the Smartcard technology and the need to upgrade the existing platform; and

 

WHEREAS on November 12th, 2009, legal counsel for Clever Devices Inc., the successful proponent, wrote to the City with regard to what they described as the “unlawful cancellation of the NSAS Procurement” and put the City on notice of the possibility of legal action as a result of same;

 

THERFORE BE IT RESOLVED THAT City Council reconsider its earlier decision in this matter.

 

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

 

YEAS (13):      Councillors R. Jellett, D. Holmes, C. Leadman, E. El-Chantiry, M. McRae, G. Brooks, S. Qadri, A. Cullen, P. Feltmate, D. Thompson, J. Legendre, G. Bédard and Mayor O’Brien

 

NAYS (8):       Councillors G. Hunter, M. Wilkinson, R. Bloess, M. Bellemare, R. Chiarelli, B. Monette, J. Harder and D. Deans

 

 

MOTION NO. 78/4

 

Moved by Councillor A. Cullen

Seconded by Councillor S. Qadri

 

WHEREAS, there is a pressing need to implement an automated stop-calling system on the City’s OC Transpo fleet of buses;

 

AND WHEREAS as a result of a competitive City procurement process a qualified proponent has been identified to provide a SmartBus Features Next Stop Announcement System (NSAS) for an automated stop-calling system that will also provide a flexible platform on which future technologies can be quickly and efficiently integrated;

 

AND WHEREAS Council at its meeting of October 28, 2009 received from the General Manager of Transit Services a presentation on Advancing SmartBus Features, including the merits and financial benefits to the City of the automated stop-calling system being proposed by Clever Devices Inc.;

 

AND WHEREAS the General Manager of Transit Services and the City Treasurer are of the opinion that the award of the contract to Clever Devices Inc. as described herein is in the best interest of the City;

 

AND WHEREAS the City’s legal counsel have advised that they are of the opinion that the award of the contract to Clever Devices Inc. as described herein contains the least amount of risk for the City while being the most compliant and consistent approach with both the procurement process as well as the City’s Purchasing By-Law.

 

THEREFORE BE IT RESOLVED THAT pursuant to Sections 9 (1) (c), (e), (f) and 9 (2) of the City’s Purchasing By-Law, being BY-LAW NO. 50 OF 2000, as amended, and despite any other sections of the same By-Law, that Council deems it to be in the best interest of the City to approve the award of the SmartBus Features Next Stop Announcement System (NSAS) contract to Clever Devices Inc. with an approved budget of $12.1 million based on the existing Council approved budgets as set out in the staff report, Transit Committee Report 31, Item 1 (Advancing SmartBus Features).

 

CARRIED on a division of 16 YEAS to 7 NAYS as follows:

 

YEAS (16):      Councillors C. Doucet, P. Hume, R. Jellett, D. Holmes, S. Desroches, C. Leadman, E. El-Chantiry, M. McRae, G. Brooks, R. Chiarelli, S. Qadri, A. Cullen, P. Feltmate, J. Legendre, G. Bédard and Mayor O’Brien

 

NAYS (7):       Councillors G. Hunter, M. Wilkinson, R. Bloess, M. Bellemare, D. Thompson, B. Monette and D. Deans

 

 

MOTION NO. 78/5

 

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Desroches

 

That a “lessons learned” report be prepared on the overall technology procurement processes and be submitted to the IT Sub-Committee for recommendation to the Corporate Services and Economic Development Committee for ultimate recommendations to Council.

 

                                                                                                            CARRIED

 

 

MOTION NO. 78/6

 

Moved by Councillor D. Deans

Seconded by Councillor S. Qadri

 

BE IT RESOLVED THAT the Auditor General be directed to audit the procurement process regarding the SmartBus Next Stop Announcement System and the Smartcard System, to ensure that staff complied with all of the City’s rules and by-laws with respect to the same.

 

                                                                                                            CARRIED

 

 

MOTION NO. 78/7

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor M. Wilkinson

 

That all significant IT projects and purchases be brought first to the IT Sub-Committee for recommendation to the appropriate Standing Committee, to ensure consistency and an integrated approach.

 

                                                                                                            CARRIED

 

Reports

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 46A

 

 

1.             ZONING - 7725 FLEWELLYN ROAD AND 2021 MUNSTER ROAD

 

ZONAGE - 7725, CHEMIN FLEWELLYN ET 2021, CHEMIN MUNSTER

 

 

Committee RecommendationS

 

(This application is subject to Bill 51)

 

That Council approve an amendment to Zoning By-law 2008-250 to:

 

1.         Change the zoning of 2021 Munster Road from RU - Rural Countryside Zone to RU[131r] - Rural Countryside [rural exception 337] Zone as detailed in Document 1 and shown in Document 2; and

 

2.         Amend the RU[131r] - Rural Countryside [rural exception 131] Zone as it relates to 7725 Flewellyn Road as detailed in Document 1 and shown in Document 2.

 

                                                                                                CARRIED

 

 

 

2.             ZONING - 7987 BLEEKS ROAD

 

ZONAGE - 7987, CHEMIN BLEEKS

 

 

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 part of 7987 Bleeks Road from Agricultural Zone "AG" to Agricultural Subzone 5 "AG5" as shown in Document 1 and detailed in Document 2.

 

                                                                                                CARRIED

 

 

3.             ZONING – PART OF 972 WILLIAM MOONEY ROAD

 

ZONAGE – PARTIE DU 972, CHEMIN WILLIAM MOONEY

 

 

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 part of 972 William Mooney Road from Rural Countryside Zone (RU) to Rural Residential Subzone 3 (RR3) as shown in Document 1.

 

                                                                                                CARRIED

 

Corporate Services and Economic Development Committee Report 48

 

 

1.             Appointment to The VANIER BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT

 

NOMINATION AU CONSEIL DE GESTION DE LA ZONE D’AMÉLIORATION COMMERCIALE DE VANIER

 

 

COMMITTEE RECOMMENDATION

 

That Council approve the appointment of Mark Kaluski to the Vanier Business Improvement Area Board of Management for the term expiring November 30, 2010.

 

                                                                                                CARRIED

 

 

2.                   DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD APRIL 1 TO JUNE 30, 2009, AND LEGAL OUTSOURCING COSTS

 

DÉLÉGATION DE POUVOIR – CONTRATS ACCORDÉS POUR LA PÉRIODE DU 1er AVRIL AU 30 JUIN 2009 ET FRAIS LÉGAUX D’IMPARTITION

 

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                            RECEIVED

 

3.                   Annualized tax adjustments under section 359.1 of the Municipal act

                                                                                       

RedresseMENTS fiscaux CALCULÉs SUR UNE ANNÉE EN VERTU DE L’ARTICLE 359.1 DE LA lOI SUR LES MUNICIPALITÉS

 

 

COMMITTEE RECOMMENDATIONS

 

In accordance with Section 359.1 of the Municipal Act, 2001 that Council approve property taxes adjustments as follows:

 

a)      that the previous year (2008) annualized taxes, used to calculate 2009 taxes, be set to $117,993 for commercial and $1,126,308 for office tax classes with respect to property “A” as listed in Document 1;

b)      that the previous year (2008) annualized taxes, used to calculate 2009 taxes, be set to $166,734 for commercial and $2,036,593 for shopping centre tax classes with respect to property “B” as listed in Document 1;

c)      that the previous year (2007) annualized taxes, used to calculate 2008 taxes, be set to $165,749 for commercial and $2,120,813 for shopping centre tax classes with respect to property “B” as listed in Document 1.

 

                                                                                                CARRIED

 

 

4.                   Accessibility for Ontarians with Disabilities Implementation Update

 

Mise ŕ jour sur l’application de la Loi sur l’accessibilité pour les personnes handicapées de l’Ontario

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Receive this report as an update on the implementation of the provincial Accessibility for Ontarians with Disabilities Act (AODA); and

 

2.                  Approve the Corporate Accessibility Customer Service Policy, required under the AODA, attached as Document 1.

 

                                                                                                CARRIED

 

 

5.                   CAPITAL FUNDING SUPPORT – THE QUEENSWAY CARLETON HOSPITAL

 

Soutien au FINANCEMENT DES IMMOBILISATIONS –QUEENSWAY CARLETON HOSPITAL

 

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.                  The Queensway Carleton Hospital be remitted $842,007.60, representing the amount paid to the City for Planning application fees ($10,900.60) and the Building permit fees ($831,107.00) for construction projects undertaken pursuant to the hospital’s approved 10-Year Capital Program up to and including March 31, 2009, as noted in Document 2;

 

2.                  The Building Permit fees remittance ($831,107.00) be funded from the City-Wide Capital Reserve Fund; and

 

3.                  The Planning Application fees remittance ($10,900.60) be funded from the 2009 Planning and Growth Management 2009 Planning Application fees revenue budget.

 

                                                                                                CARRIED

 

 

6.                   CAPITAL FUNDING SUPPORT – ROYAL OTTAWA HEALTH CARE GROUP

 

AIDE AU FINANCEMENT DES IMMOBILISATIONS – services de santé ROYAL OTTAWA

 

 

COMMITTEE RECOMMENDATION

 

That Council approve that the Royal Ottawa Health Care Group be remitted $1,812.50, representing the amount paid to the City for building permit fees for construction projects undertaken pursuant to the hospital’s approved 10-Year Capital Program up to and including March 31, 2009, as noted in Document 2.

 

                                                                                                CARRIED

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 48A (IN CAMERA)

 

 

1.             200 Crichton Street - Litigation Update – in camera - Security of the Property of the City; Litigation or Potential Litigation Affecting the City; the Receiving of Advice That is Subject to Solicitor-Client Privilege - REPORTING OUT DATE – AFTER RESOLUTION OF THE MATTER

 

200, rue Crichton - Mise ŕ jour sur la procédure – ŕ huis clos – la sécurité des biens de la Ville, les litiges actuels ou éventuels ayant une incidence sur la Ville, y compris les questions en litige devant les tribunaux administratifs, et les conseils qui sont protégés par le privilčge du secret professionnel de l'avocat, y compris les communications nécessaires ŕ cette fin - Date de compte rendu – aprčs le rčglement de la question

 

 

Dealt with In Camera.

 

Planning and Environment Committee Report 59A

 

 

1.             ZONING - 1923 PLAINHILL DRIVE

                                  

ZONAGE - 1923, PROMENADE PLAINHILL

 

 

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 1923 Plainhill Drive  from DR - Development Reserve to R1V[1398] – Residential First Density Zone – Exception 1398, R3Y[1399] – Residential Third Density Zone – Exception 1399, R3WW – Residential Third Density and LC7[XXXX] – Local Commercial Exception, as detailed in Document 2.

 

                                                                                                CARRIED

 

 

2.             ZONING - 8 ROBERT KEMP STREET

 

ZONAGE - 8, RUE ROBERT KEMP

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council refuse an amendment to the Zoning By law 2008 250 to change the zoning of 8 Robert Kemp Street to permit the severance of the lot into three individual lots.

 

CARRIED with Councillors G. Hunter and P. Hume dissenting.

 

 

3.             DEMOLITION CONTROL - 967-969 ST. LAURENT BOULEVARD

 

RÉGLEMENTATION DES DÉMOLITIONS - 967-969, BOULEVARD ST LAURENT

 

 

Committee recommendation

 

That Council approve the demolition of a two-storey, two-unit residential building that has already taken place at 969 St. Laurent Boulevard.

 

                                                                                                CARRIED

 

 

4.             FRONT-ENDING AGREEMENT FOR DESIGN AND CONSTRUCTION OF HAZELDEAN PUMP STATION UPGRADES AND DESIGN OF KANATA WEST PUMP STATION

 

entente initiale visant la conception et la réalisation des travaux de modernisation de la station de pompage de HAZELDEAN, et la conception de la station de pompage de KANATA-ouest

 

 

Committee recommendationS AS AMENDED

 

That Council approve entering into:

 

1.                  A front-ending agreement with the Kanata West Owners Group (KWOG) and the Fernbank Landowners, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor, for the design and construction of the initial upgrade to the Hazeldean Pump Station.

 

2.                  A front-ending agreement with KWOG, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor, for the design of the Kanata West Pump Station and forcemain.

 

3.                  A front-ending agreement with the Fernbank Landowners for the design of the ultimate expansion to the Hazeldean Pump Station, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor.

 

4.                  The expenditure to reimburse KWOG and the Fernbank Landowners in 2010, not to exceed $1,111,000, for the design and construction of the upgrade to the Hazeldean Pump Station and the ultimate design of the Hazeldean Pump Station.

 

5.                  The expenditure to reimburse KWOG in 2013, not to exceed $556,000, for the design of the Kanata West Pump Station and forcemain.

 

6.         The funding required to implement infrastructure upgrades for the Glen Cairn community that result from the July 2009 flooding and that are the responsibility of the rate capital program to improve existing conditions be matched with funding timeframes outlined in the respective front ending agreements.

 

                                                                                                CARRIED

 

 

5.             SIGN BY-LAW MINOR VARIANCE - 990 HUNT CLUB ROAD

 

DÉROGATION MINEURE AU RČGLEMENT SUR LES ENSEIGNES – 990, CHEMIN HUNT CLUB

 

 

Committee recommendation

 

That Council approve a variance to Sign By-law 2005-439, to permit a new ground sign with external illumination for the property at 990 Hunt Club Road.

 

                                                                                                CARRIED

 

 

6.             OTTAWA RURAL CLEAN WATER PROGRAM

 

Programme d’assainissement de l’eau en milieu rural d’Ottawa

 

 

Agriculture and Rural Affairs Committee recommendation as amended

 

That Council:

 

1.                  Receive the evaluation of the Ottawa Rural Clean Water Program (ORCWP) dated September, 2009 as detailed in Document 1;

 

2.         Direct staff to work with the Conservation Authorities, the ORCWP Program Committee, rural residents and other stakeholders to modify the program as recommended in the evaluation and report to Agriculture and Rural Affairs Committee, Planning and Environment Committee and City Council in Q3 2010.

 

3.         That any modified well and septic program include equitable treatment of all residential properties on private well and septic systems in Ottawa.

 

                                                                                                CARRIED

 

 

Planning and environment Committee recommendation

 

That Council:

 

1.                  Receive the evaluation of the Ottawa Rural Clean Water Program (ORCWP) dated September, 2009 as detailed in Document 1;

 

2.         Direct staff to work with the Conservation Authorities, the ORCWP Program Committee, rural residents and other stakeholders to modify the program as recommended in the evaluation and report to Agriculture and Rural Affairs Committee, Planning and Environment Committee and City Council in Q3 2010.

 

                                                                                                CARRIED

 

 

7.             Mediated settlement of the appeal Of Official Plan Amendment 72 - PARKLAND Dedication

 

rčglement par médiation de l’appel de la modification au plan officiel NO 72 – affectation de terrains ŕ la création de parcs

 

 

Committee recommendationS

 

That Council:

 

1.         Confirm the results of the mediation and amend the Parkland Dedication By‑law 2009-95 as identified in Document 1,

 

2.         Approve the submission of the modification to Official Plan Amendment No. 72 set forth in Document 2 to the Ontario Municipal Board , and

 

3.         Direct staff to apply the changes to the Parkland Dedication By-law 2009-95 retroactively to all development approved since the passing of the Parkland Dedication By-law.

 

                                                                                                CARRIED

 

8.             Green Bin Program – Organics collection - advanced staffing

 

PROGRAMME DU BAC VERT – COLLECTE DES DÉCHETS ORGANIQUES – DOTATION ANTICIPÉE

 

 

Committee recommendation

 

That Council approve the immediate permanent establishment as a pre-commitment to the 2010 budget and hiring of staff as previously approved in report ACS2007-PWS-UTL-0019.

 

                                                                                                CARRIED

 

 

9.             FRONT YARD PARKING

 

STATIONNEMENT DANS LES COURS AVANT

 

 

Committee recommendation

 

That Council approve the old standard of the Urban Design Guidelines for Low-Medium Density Infill Housing be maintained in order to reduce front yard parking.

 

                                                                                                CARRIED

 

Planning and Environment Committee Report 60

 

 

1.             RESIDENTIAL PROTECTIVE PLUMBING PROGRAM - PROPOSED AMENDMENT - UPSET LIMIT

 

PROGRAMME D’INSTALLATION DE DISPOSITIFS ANTI- REFOULEMENT - MODIFICATION PROPOSÉE - LIMITES MAXIMALE

 

 

Committee recommendation

 

That Council approve an amendment of By-Law 2005-209 as follows:

 

1.      That the grant limit of $7,500 also be applied to properties that are eligible for 100% subsidy and for which the installation of a sealed sump pump system for the foundation drains is one of the protective plumbing devices recommended through the engineering evaluation for the home.

 

2.      That the grant limit be increased from $2,500 to $3,750 for properties that are eligible for 50% funding as they may not have experienced flooding, but are in the area that has previously experienced basement flooding and for which the installation of a sealed sump pump system for the foundation drains is one of the protective plumbing devices recommended through the engineering evaluation for the home.

 

                                                                                                CARRIED

 

 

2.             RESIDENTIAL PROTECTIVE PLUMBING PROGRAM - PROPOSED AMENDMENT - PARTIAL PAYMENT

 

PROGRAMME D’INSTALLATION DE DISPOSITIFS ANTI- REFOULEMENT  - PAIEMENT PARTIEL

 

 

Committee recommendation

 

That Council authorize staff to issue partial payments for work completed and paid in exchange for a written acknowledgement by the applicants that remaining works will be completed as recommended and within a one year time frame, failing which the City will recover the partial payment through the tax roll pursuant to the Municipal Act.

 

                                                                                                CARRIED

 

 

Additional Item

 

Council approved a motion earlier in the meeting to waive the Rules of Procedure to consider this matter and to resolve in camera to receive a briefing (See Motion 78/2 above). 

 

 

1.             AMALGAMATED TRANSIT UNION LOCAL 1760 – RATIFICATION OF THE COLLECTIVE AGREEMENT

 

 

 

MOTION NO. 78/8

 

Moved by Councillor A. Cullen

Seconded by Councillor M. Wilkinson

 

WHEREAS the City and the Amalgamated Transit Union Local 1760  (“ATU Local 1760”) have concluded very positive efforts to negotiate a renewal of their collective agreement.

 

AND WHEREAS all outstanding bargaining issues have been resolved through good faith negotiations 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 ATU Local 1760 collective agreement for the period January 1, 2009, to December 31, 2011;

 

AND THEREFORE BE IT FURTHER RESOLVED THAT the ATU Local 1760 collective agreement be made public upon ratification.

 

CARRIED with Councillor G. Hunter dissenting.

 

Motion to Adopt Reports

 
MOTION NO. 78/9

 

Moved by Councillor G. Bédard

Seconded by Councillor S. Desroches

 

That Agriculture and Rural Affairs committee Report 46A, Corporate Services and Economic Development Committee Reports 48 and 48A (In Camera), and Planning and Environment Committee Reports 59A and 60 be received and adopted as amended.

 

                                                                                                            CARRIED

 

Motions of Which Notice has Been Given Previously

 

MOTION NO. 78/10

 

Moved by Councillor S. Desroches

Seconded by Councillor E. El-Chantiry

 

WHEREAS the Canadian Navy was created in Ottawa by an Act of Parliament in 1910; and

 

WHEREAS 2010 marks the 100th Anniversary of the Canadian Navy; and

 

WHEREAS the City of Ottawa is proud of its longstanding and historical association with the HMCS Ottawa; and

 

WHEREAS events are planned in Ottawa to celebrate the 100th Anniversary including a Canadian Navy monument to be located at Richmond Landing on the Ottawa River;

 

THEREFORE BE IT RESOLVED that the City of Ottawa formally recognize the 100th anniversary of the Canadian Navy through a proclamation, and that the Office of Protocol and appropriate City operations staff be directed to work with the Navy to participate in 100th Anniversary activities within existing budgets.

 

                                                                                                CARRIED

 

MOTION NO. 78/11

 

Moved by Councillor C. Doucet

Seconded by Councillor M. Bellemare

 

WHEREAS City Council wishes to address the long term needs and planning priorities of Ottawa in connection with the redevelopment of Lansdowne Park, and the location of a future multi-use sports stadium easily accessible via rapid transit;

 

RESOLVED THAT, should Council reject the Lansdowne Park partnership proposal, the City:

 

1.      re-initiate a public competitive process to allow for an open, transparent, and competitive procurement to rejuvenate Lansdowne Park;

 

2.      proceed to the next steps in selecting a potential site for a future multi-use sports stadium and arena to be located near a rapid transit station;

 

3.      ensure a reasonable transition period during which Frank Clair Stadium and the Civic Centre are maintained in order to continue existing uses and accommodate possible additional uses such as amateur and/or professional football and/or soccer, on a temporary  and cost-effective basis;

 

4.      develop a plan to fund each of these initiatives in order to maximize any possible sources of funding and partnerships, including federal, provincial, private sector, and other public or not-for-profit involvement.

 

As Council approved the Lansdowne Partnership Plan at its Special meeting of 16 November 2009, Mayor O’Brien ruled Motion No. 78/11 REDUNDANT.

 

 

Motions Requiring Suspension of the Rules of Procedure

 

MOTION NO. 78/12

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

That the Rules of Procedure be suspended to consider and approve the following motion, so that the sale of the ambulances can proceed as soon as possible:

 

WHEREAS La Cité collégiale has requested to buy one fully operational decommissioned ambulance for outdoor training and two partial non operational ambulances without the motorized portion of the ambulance for classroom training;

 

AND WHEREAS La Cité collégiale is committed to using these decommissioned ambulances to train future paramedics in the Paramedic Training Program at the college;

 

THEREFORE BE IT RESOLVED that Council waive Subsection 41(4) of By-law No. 50 of 2000, as amended, and approve the sale of the  decommissioned ambulances for the assessed resale value on the condition that the La Cité collégiale will take full responsibility for the vehicles once they are in their possession as well as any associated costs.  

 

                                                                                                            CARRIED

 

MOTION NO. 78/13

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor A. Cullen

 

That the Rules of Procedure be suspended to consider and approve the following motion, so that Council may amend the membership of the Audit, Budget and Finance Committee prior to that Committee undertaking its most important task of the year – consideration of the Draft Budget Estimates.

 

WHEREAS at its meeting of 8 July 2009, Council approved the membership for its new Audit, Budget and Finance Committee;

 

AND WHEREAS it was clearly intended that the Audit, Budget and Finance Committee membership would include the Chairs of each Standing Committee as well as the Chairs of the Police Services Board, the Library Board, Ottawa Community Housing and the Member Services Committee;

 

AND WHEREAS since that time, Councillor Jellett was elected as Chair of the Corporate Services and Economic Development Committee and Councillor Thompson was elected as Chair of the Agriculture and Rural Affairs Committee;

 

THEREFORE BE IT RESOLVED that Council approve the addition of Councillor Thompson, Chair of the Agriculture and Rural Affairs Committee, to the membership of the Audit, Budget and Finance Committee.

 

                                                                                                            CARRIED

 

MOTION NO. 78/14

 

Moved by Councillor G. Brooks

Seconded by Councillor D. Thompson

 

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

 

CARRIED with Councillor G. Hunter dissenting.

 

WHEREAS the Provincial Legislature amended the provisions of the Planning Act through Bill 51 to enhance the role of Municipal Councils in the planning process; and

 

WHEREAS during the debate on Bill 51, the Minister of Municipal Affairs and Housing stated:

 

I can’t repeat that often enough. The OMB should not be a primary decision body, but should deal strictly with appeals of matters that come before council, on which a council decision is made, and whether or not that decision is in accordance with the provincial policy statement and the municipality’s own official plan; and

 

WHEREAS a key provision in enhancing the role of Municipal Councils was the addition of Section 2.1 to the Planning Act which required that regard be had to decisions under the Planning Act by the Municipal Council; and

 

WHEREAS the Ontario Municipal Board recently overturned the decision of the Council of the City of Ottawa refusing an amendment to Official Plan of the City of Ottawa in respect of the Secondary Official Plan policies applicable to the Village of Manotick; and

 

WHEREAS the City of Ottawa sought and received leave to appeal the Board’s decision on the issue that the Board erred in its interpretation of its obligation to have regard for Council’s decision; and

 

WHEREAS the Divisional Court released its decision on Friday, November 13th, 2009; and

 

WHEREAS the majority of the Court ruled that the legal standard required by the test of “having regard to” a decision is only to have minimal deference to the decision of the Council; and

 

WHEREAS the effect of this decision is to negate the intended strengthening of the role of Municipal Councils through the amendments to the Planning Act contained within Bill 51; and

 

WHEREAS there are at this time amendments to the Planning Act before the Provincial Legislature within Bill 212, the Good Government Act, 2009, and therefore there is the ability to further amend the Planning Act in an expeditious manner; and

 

WHEREAS, as opposed to the City of Ottawa proceeding to the Ontario Court of Appeal, and the resulting costs that would be borne by both the City and the applicant, the Provincial Government has the immediate opportunity through Bill 212 to further amend the Planning Act to clarify the strengthened role for all Municipal Councils;

 

THEREFORE BE IT RESOLVED THAT the Council of the City of Ottawa calls upon the Government of the Province of Ontario to immediately introduce further amendments to the Planning Act, as part of Bill 212, to ensure that the primary and paramount role of Municipal Councils in the planning process is given legal effect in the Planning Act.

 

AND BE IT FURTHER RESOLVED THAT the City Clerk and Solicitor is directed to circulate this resolution to AMO and all municipalities to seek their support for such amendments.

 

REFERRED by the following motion:

 

MOTION NO. 78/15

 

Moved by Councillor B. Monette

Seconded by Councillor E. El-Chantiry

 

That staff be directed to submit a report on this issue for consideration at a Special meeting of the Audit, Budget and Finance Committee to be held on Monday, November 23, 2009.

 

REFERRAL CARRIED on a division of 10 YEAS to 8 NAYS as follows:

 

YEAS (10):      Councillors G. Hunter, P. Hume, M. Wilkinson, R. Bloess, S. Desroches, E. El‑Chantiry, M. McRae, S. Qadri, B. Monette and Mayor O’Brien.

 

NAYS (8):       Councillors R. Jellett, M. Bellemare, G. Brooks, R. Chiarelli, A. Cullen, P. Feltmate, D. Thompson and G. Bédard.

 

 

MOTION NO. 78/16

 

Moved by Councillor G. Hunter

Seconded by Councillor R. Chiarelli

 

That the Rules of Procedure be waived to consider the following, as the post-Committee review process is currently in progress:

 

WHEREAS City Council could adopt reports with 2010 budget implications after the Standing Committee and/or Audit, Budget and Finance Committee review;

THEREFORE BE IT RESOLVED that Council approve that, should City Council approve items with 2010 budget implications that have not yet been incorporated into the 2010 Draft Estimates, that the financial request be referred to the Audit, Budget and Finance Committee if that Committee is still developing the 2010 Draft Budget and to the January consideration of the 2010 Draft Budget by City Council, if the Audit, Budget and Finance Committee has made its final recommendation to Council.

 

                                                                                                            CARRIED

 

 

Notice of Intent from the City Auditor General

 

Notice of Intent from the City Auditor General to Table at the 25 November 2009 Council

meeting, the following reports:

·        Office of the Auditor General (OAG) - 2008 Annual Report and 2008 Detailed Audit Reports;

·        Office of the Auditor General (OAG) 2009 Interim Follow-Up to the 2008 Audit of The Parking Function; and

·        Office of the Auditor General (OAG) - Audit of the Incremental Costs of the Transit Strike 2008-2009.

 

 

By-laws                                                                                                           Three Readings

 

MOTION NO. 78/17

 

Moved by Councillor G. Bédard

Seconded by Councillor S. Desroches

 

That the following by-laws be enacted and passed.

 

2009 - 364             A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Vendevale Avenue)

 

2009 - 365             A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Belcourt Boulevard).

 

2009 - 366             A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use.

 

2009 - 367             A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 7987 Bleeks Road.

 

2009 - 368             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 7725 Flewellyn Road and 2021 Munster Road.

 

2009 - 369             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 part of 972 William Mooney Road.

 

2009 - 370             A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of the westerly part of lands known municipally as 1923 Plainhill Drive.

 

2009 - 371             A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of the easterly part of lands known municipally as 1923 Plainhill Drive.

 

2009 - 372             A by-law of the City of Ottawa to designate certain lands at 50 Simcoe Street as being exempt from Part Lot Control.

 

2009 - 373             A by-law of the City of Ottawa to designate certain lands at 100 Abetti Ridge as being exempt from Part Lot Control.

 

2009 - 374             A by-law of the City of Ottawa to designate certain lands at 401 and 415 Piccadilly Avenue as being exempt from Part Lot Control.

 

2009 - 375             A by-law of the City of Ottawa to designate certain lands at 1001, 1011, 1019, 1031, 1039 Marconi Avenue as being exempt from Part Lot Control.

 

2009 - 376              by-law of the City of Ottawa to designate certain lands at 1808 to 1814 Maple Grove Road as being exempt from Part Lot Control.

 

2009 - 377             A by-law of the City of Ottawa to designate certain lands at 5159 Kanata Avenue as being exempt from Part Lot Control.

 

2009 - 378             A by-law of the City of Ottawa to designate certain lands at 600 Glastonbury Walk, 700 Whaley Ridge and 100 Silvermoon Crescent as being exempt from Part Lot Control.

 

2009 - 379             A by-law of the City of Ottawa to designate certain lands at Romina Street and Opus Street as being exempt from Part Lot Control and to repeal By-law No. 2009-342.

 

2009 - 380             A by-law of the City of Ottawa to designate certain lands at 221 to 231 Citiplace Drive (odd numbers only) and 200 to 285 Stroget Private as being exempt from Part Lot Control.

2009 - 381             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 - 382             A by-law of the City of Ottawa to amend By-law No. 2005-209 regarding grants for protective plumbing to reduce the risk of basement or cellar flooding from City sewer backup for residential units.

 

                                                                                                            CARRIED

 

Confirmation By-law

 

MOTION NO. 78/18

 

Moved by Councillor G. Bédard

Seconded by Councillor S. Desroches

 

THAT By-law 2009-383 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

Inquiries

 

From Councillor R. Bloess regarding number of copies required for Planning circulations.

 

Adjournment

 

Council adjourned the meeting at 4:00 p.m. on Tuesday, November 17, 2009 with the following Members present:

 

Councillors G. Hunter, P. Hume, R. Jellett, M. Wilkinson, R. Bloess, M. Bellemare, S. Desroches, E. El-Chantiry, M. McRae, G. Brooks, R. Chiarelli, S. Qadri, A. Cullen, P. Feltmate, D. Thompson, B. Monette, D. Deans, G. Bédard and Mayor O’Brien

 

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR