OTTAWA CITY COUNCIL

8 DECemBER 2010

ANDREW S. HAYDON HALL

10:00 a.m.

DISPOSITION 1

MOTION

Moved by Councillor S. Desroches

Seconded by Councillor S. Blais

That the Mayor’s remarks given at the Inaugural Ceremony on December 1, be printed in the Minutes of today’s Council meeting.

CARRIED

City Manager

2010-2014 COUNCIL GOVERNANCE REVIEW

EXAMEN DE LA GESTION PUBLIQUE DU CONSEIL DE 2010 À 2014

REPORT RECOMMENDATIONS

1) That, at its meeting on 24 November 2010, the 2006-2010 Council receive and table the “2010-2014 Council Governance Review” report.

RECEIVED AND TABLED

2) That, at its meeting of 8 December 2010, the 2010-2014 Council consider and approve the following recommendations related to the Council and Committee structure and procedures:

Part I – Standing Committees

1) The establishment of a Transit Commission composed of eight (8) Members of Council and three (3) citizen members to oversee transit operation as outlined in this report; and the establishment of an Interim Transit Commission composed of the Members of Council appointed to the Commission until such time as the citizen members are appointed.

2) The following structure for Standing Committees for the 2010-2014 term of Council as outlined in this report, effective immediately:

a. Agriculture and Rural Affairs Committee;

b. Community and Protective Services Committee;

c. Environment Committee;

d. Finance and Economic Development Committee and its associated Sub-Committees:

i. IT Sub-Committee;

ii. Member Services Sub-Committee;

iii. Audit Sub-Committee;

iv. Governance Renewal Sub-Committee;

e. Planning Committee;

f. Transportation Committee.

3) The amendments to the Debenture Committee’s Terms of Reference as outlined in this report.

4) The Council, Committee and Commission Calendar as outlined in this report.

5) The establishment of a License and Property Standards Committee composed of five (5) qualified citizen members to hear cases with respect to licensing and property standard appeals as outlined in this report; and the establishment of an Interim License Committee with the current mandate until such time as the License and Property Standards Committee membership is finalized.

6) The Nominating Committee process as outlined in this report.

7) The appointment of the Mayor or the Ward Councillor to all ward/position-specific local boards as outlined in Document 1.

8) The 2011 Budget process as outlined in this report.

9) The changes to report protocols for Appointments to Agencies, Boards, Committees and Commissions, Commemorative Namings and City of Ottawa Architectural Conservation Awards and the City of Ottawa Heritage Plaques as described in this report, such that they are no longer automatically in camera reports .

10) The practice of recommending a staff member to a Council position when no Member of Council is available and formal notification to the City Clerk and Solicitor of all appointments of Members of Council to agencies, boards, committees and commissions, both internal and external.

11) The establishment of two Deputy Mayor positions to be filled by two Members of Council, and that the appointments be recommended to Council by the Mayor.

Part II – Accountability Framework

1) That Council approve the monthly posting of Elected Officials’ office budget expenditures on Ottawa.ca, effective Q1 2011.

2) That the Governance Renewal Sub-Committee, led by the Mayor and supported by staff and a third party, be tasked with assessing the overall governance structure and processes for the City of Ottawa, identifying issues and making recommendations to Council, including:

a. Development of an Accountability Framework (Code of Conduct for Members of Council, Lobbyist Registry, etc); and

b. Improvements to citizen engagement.

3) That the Annual Report from the Meetings Investigator included as Document 2 be received and that the current Meetings Investigator’s contract be extended for the 2010-2014 Term of Council.

Part III – Local Boards

1) Receive the updated listing of Local Boards as outlined in the report and direct staff to report on the compliance of its local boards with respect to required policies as part of its Mid-Term Governance Review.

2) Approve the request from the Ottawa Community Housing Corporation (“OCHC”) that “its Board membership be increased to twelve (12) members” and the “appointment of Peggy Feltmate to the OCHC Board of Directors as a Community Board member”.

3) The Ottawa Public Library Board Selection and Appointment Guidelines as outlined in the report.

4) That the following measures be taken to proceed with the next steps for the implementation of the Board of Health, specifically that:

a. The by-law to establish the size of the Board of Health in the form attached as Document 6 be enacted;

b. The selection process for members of the Board of Health be approved as outlined in Document 7; and

c. The per diem rate of $200.00 plus mileage and eligible expenses be approved for citizen representatives on the Board of Health and that the City Clerk and Solicitor be instructed to forward the approved per diem rate to the Minister of Health and Long Term Care for approval.

Part IV – Citizen Engagement

1) That a joint facilitated priority setting session be held between Standing Committees and their associated Advisory Committees.

2) That the Chair and Vice-Chair of each Standing Committee meet quarterly with the Chair and Vice Chair of their associated Advisory Committees.

3) That additional reserve members be appointed for each committee during the Advisory Committee recruitment process.

4) That reserve members be eligible for reimbursement of expenses under the Participation Expense Policy.

5) Mileage for members using a personal vehicle to attend official meetings be tied to the rate provided to City of Ottawa staff.

6) The enactment of the revised Advisory Committee Procedure By-Law (Appendix A – Code of Conduct) as outlined in the report and the associated By-law (Document 10).

7) That staff be directed to conduct an in-depth review of public engagement and report back through the Governance Renewal Sub-Committee, with a target date of the end of Q2 2011.

8) That Council approve the Petition Policy as outlined in the report.

Part V – Governance – Other Matters

1) The amendments to the Procedure By-law outlined in the report related to the following:

(a) Councillor Items at Standing Committee

(b) In camera process

(c) Emergency Measures

(d) Nominating Committee

2) The amendments to the Delegation of Authority By-law as outlined in the report.

3) That the Procedure By-law and the Delegation of Authority By-law and any other related By-laws, as amended by this report, be included in the by-law listing of a subsequent Council meeting.

CARRIED as amended by the following Motions:

MOTION

Moved by Councillor B. Monette

Seconded by Councillor Mayor Watson

THEREFORE BE IT RESOLVED that the Transit Commission be comprised of 8 elected Councillors and 4 citizen representatives.

CARRIED

MOTION

Moved by Councillor P. Hume

Seconded by Councillor P. Clark

WHEREAS Section 224 (d) and (d.1) of the revised Municipal Act, 2001 establishes that it is the role of City Council “to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council” and “to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality”; and

WHEREAS Section 8 of the Auditor General’s By-law, approved by City Council on November 28, 2007, currently reads as follows:

8. (1) The Auditor General shall submit an annual audit plan for the next following year to Council for information by December 31st of each year.

(2) The Auditor General may, at his or her discretion, prepare a longer term audit plan for submission to Council.

(3) No deletions or amendments to the annual audit plan shall be made except by the Auditor General; and

WHEREAS the Auditor General is an important part of City Council’s accountability and oversight structure and, as such, City Council should take a more active role working with the Auditor General to determine audit priorities;

THEREFORE BE IT RESOLVED THAT the Auditor General’s annual audit plan be approved by City Council following a recommendation by the Audit Sub-Committee and the Finance and Economic Development Committee; and

BE IT FURTHER RESOLVED THAT, due to the timelines of a newly elected Council, that the Auditor General be requested to bring his recommended 2011 Audit Plan to the first meeting of the Audit Sub-Committee in January 2011 for review and recommendation to the Finance and Economic Development Committee and Council.

CARRIED

MOTION

Moved by Councillor E. El-Chantiry

Seconded by Councillor R. Chiarelli

WHEREAS the Auditor General is a senior, statutory officer reporting directly to City Council, and City Council is responsible for ensuring the accountability and transparency of the operations of the Office of the Auditor General; and

WHEREAS the most common and accepted method in the industry for ‘auditing the auditor’ is a Quality Assessment Review; and

WHEREAS there are several models and standards in place for the conduct of a Quality Assessment Review, including the Peer Review model used by the City of Toronto, and an independent review undertaken under the Institute of Internal Auditors; and

WHEREAS the City’s external auditor, Ernst and Young, is a well-respected firm that is independent from the City and would be prohibited from conducting a Quality Assessment Review of the Auditor General due to procurement rules;

THEREFORE BE IT RESOLVED THAT Ernst and Young be contracted to recommend a process for a Quality Assessment Review of the Office of the Auditor General based on current best practices, reporting to the Audit Sub-Committee and the Finance and Economic Development Committee early in 2011; and

BE IT FURTHER RESOLVED THAT the City Manager, under the Mayor’s direction, be delegated the authority to negotiate the terms and conditions of the contract with Ernst and Young to develop the recommended process, with funds to come from the Auditor General’s budget.

CARRIED

MOTION

Moved by Councillor J. Harder

Seconded by Councillor S. Qadri

WHEREAS City Council governance reviews examine the City’s governance structure and the corresponding policies and procedures and make recommendations for change; and

WHEREAS the 2010-2014 Council Governance Review recommends the division of the current Planning and Environment Committee into two specific committees, being the Planning Committee and the Environment Committee; and

WHEREAS governance and service are enhanced by ensuring that the responsibility for infrastructure planning and implementation for developing communities remains with the Committee that has the overall development mandate; and

WHEREAS it is expected that the Terms of Reference for the new Committees are to be presented to the respective Standing Committees in January 2011;

THEREFORE BE IT RESOLVED that the Terms of Reference for the new Planning Committee and the Agriculture and Rural Affairs Committee reflect those Committees’ responsibility for the planning, design and implementation of infrastructure for developing communities, and specifically for Environmental Assessments that relate to infrastructure required for subdivision growth; and

BE IT FURTHER RESOLVED that the Terms of Reference for the new Environment Committee reflect their responsibility for the ongoing operation, maintenance and planning of future service level enhancements of the infrastructure system that relate to developed communities.

CARRIED

MOTION

Moved by Councillor D. Holmes

Seconded by Councillor P. Hume

WHEREAS City Council governance reviews examine the City’s governance structure and the corresponding policies and procedures and make recommendations for change; and

WHEREAS the Planning Committee will continue to have an overall mandate for overseeing all development and planning within the urban boundary in accordance with the City’s Official Plan; and

WHEREAS the development of affordable housing, specifically meeting the Official Plan targets for affordability and policies for inclusionary zoning, is directly related to the overall mandate of the Planning Committee; and

WHEREAS it is expected that the Terms of Reference for the new Committees are to be presented to the respective Standing Committees in January 2011;

THEREFORE BE IT RESOLVED that the Terms of Reference for the new Planning Committee reflect the responsibility for the City’s Affordable Housing Strategy and all related housing policy initiatives.

CARRIED

MOTION

Moved by Councillor R. Bloess

Seconded by Councillor J. Harder

THAT the Appointment of the Ward Councillor to specified local boards, as outlined in Document 1, include Pineview and that the two ward Councillors directly impacted be appointed.

CARRIED

MOTION

Moved by Councillor S. Moffatt

Seconded by Councillor M. McRae

WHEREAS, although the previous Council recommended a process for the 2011 Budget, it is important for this Council to set its own course with respect to the City budget it is accountable for; and

WHEREAS this Council wishes to proceed with the development of its 2011 Budget as soon as possible; and

WHEREAS the budget process identified in the Governance Report provides a good approach but one with notional timelines and no specifics regarding how staff will approach the development of the budget from a budget guideline perspective; and

WHEREAS it is important for the public to know when they are able to provide input on a draft budget and important for Council and the public to know how those timelines will affect Standing Committee meetings and to understand the approach staff will take for budget development;

THEREFORE BE IT RESOLVED THAT the City Treasurer be directed to bring a report forward to the December 15, 2010 meeting of City Council that includes a more specific timetable for budget and an overview of how staff will approach the development of a draft budget.

CARRIED

MOTION

Moved by Councillor D. Chernushenko

Seconded by Councillor M. Fleury

THAT staff be directed to develop a reimbursement process that encourages the use of alternative modes of transportation.

REFERRED by the following motion:

MOTION

Moved by Councillor R. Chiarelli

Seconded by Councillor E. El-Chantiry

THAT the Chernushenko/Fleury motion be referred to the Finance and Economic Development Committee for consideration.

REFERRAL CARRIED

MOTION

Moved by Councillor P. Hume

Seconded by Councillor M. Fleury

WHEREAS a pilot project has been in place since January 2009, whereby all Planning and Environment Committee meetings have been audio-casted live on ottawa.ca; and

WHEREAS providing an audio-cast of the Planning and Environment Committee meeting to the general public through the City’s public website has increased the transparency of the Committee’s work, especially as it relates to the Planning Act; and

WHEREAS the response from the public and staff has been positive and complaints have only pertained to instances of technical difficulties with the system; and

WHEREAS there is significant interest in extending audio-casting to all Standing Committees and archiving the audio-casts; and

WHEREAS there is a cost to extending the audio-casting to all Standing Committees and archiving the audio-casts; and

WHEREAS there will be a reduced need for synopsis minutes if audio-casts are available; and

WHEREAS a move to action minutes for Standing Committees would yield savings and also allow for the translation of action minutes with limited cost increases;

THEREFORE BE IT RESOLVED that the City Clerk and Solicitor be directed to report back the Finance and Economic Development Committee in January 2011 with a cost/benefit analysis of moving from synopsis minutes to action minutes for all Standing Committees and extending audio-casting to all Standing Committees as well as archiving the audio-casts.

CARRIED

MOTION

Moved by Councillor E. El-Chantiry

Seconded by Councillor T. Tierney

BE IT THEREFORE RESOLVED that Council approve the election and appointment of 11 members of Council to serve as the Nominating Committee, in addition to the Mayor as Chair, to make recommendations to Council on appointments of members of Council to Standing Committees, Sub-Committees, Boards and the Selection Panels. The first meeting of the Nominating Committee is scheduled for 9:30 a.m. Tuesday, 14 December 2010, for consideration at the Special City Council meeting on Wednesday, 15 December 2010; and

BE IT FURTHER RESOLVED that the members of the Nominating Committee be:

1. Councillor Monette;

2. Councillor Wilkinson;

3. Councillor Taylor;

4. Councillor Chiarelli;

5. Councillor Deans;

6. Councillor Tierney;

7. Councillor Fleury;

8. Councillor McRae;

9. Councillor Blais;

10. Councillor Thompson; and

11. Councillor Moffatt.

CARRIED

Motions of Which Notice has been Given Previously

MOTION

Moved by Councillor M. Wilkinson

Seconded by Councillor S. Qadri

WHEREAS the City of Ottawa website states that “Urban natural areas are an important element of the urban landscape. They contribute significantly to public health, community enjoyment, property values, and many areas sustain regionally and even provincially important natural features and values. The Urban Natural Areas Environmental Evaluation Study (UNAEES) was commissioned in 2002 to fulfill the Official Plan direction and provide an important contribution to the Greenspace Master Plan”; and

WHEREAS the nine criteria used as the Evaluation Framework for this study were, Connectivity, Absence of Disturbance, Habitat Maturity, Natural Communities, Regeneration, Representative Flora, Significant Flora and Fauna, Size and Shape and Wildlife Habitat are all fully met in the South March Highlands, including the remaining KNL subdivision lands; and

WHEREAS the UNAEES study was underway prior to the City of Ottawa approving a subdivision on the KNL sensitive lands but this was ignored in deliberations on the development plan; and

WHEREAS other areas that were identified for acquisition are also urban development lands that are now being acquired at a price that is not significantly different from the cost of acquiring the KNL lands; and

WHEREAS it is important that the City meet its objectives to preserve the most important ecological areas wherever possible;

THEREFORE BE IT RESOLVED that the City of Ottawa immediately undertake a review of all natural areas involved in the original Urban Natural Areas Environmental Evaluation Study (UNAEES) which received a high evaluation number and report back to Council on how to protect these lands within the urban setting; and

BE IT FURTHER RESOLVED the review also include any areas in lands which have been added to the urban boundary since that time and were not evaluated (e.g. Fernbank lands) as well as any other significant environmental areas that were considered but then excluded due to planning decisions, such as the South March Highlands.

REFERRED by the following Motion:

MOTION

Moved by Councillor M. Wilkinson

Seconded by Councillor M. Taylor

WHEREAS staff is already working on a set of policy options for Council to consider in Q1 2011 on how to acquire the highly rated urban natural areas; and

WHEREAS staff has indicated that there are significant financial and resource issues involved in fulfilling parts of this motion, and that Committee and Council may wish to review this request in light of other priorities;

THEREFORE BE IT RESOLVED that this motion be referred to the Planning Committee.

REFERRAL CARRIED

MOTION

Moved by Councillor D. Holmes

Seconded by Councillor J. Harder

WHEREAS Parks form an essential part of the greenspace of the City of Ottawa; and

AND WHEREAS it has been demonstrated that some lands are being used by communities as park and are listed on the City’s Inventory of Parkland have not been formally dedicated as Parks;

THEREFORE BE IT RESOLVED THAT a by-law be enacted which formally dedicates all lands currently listed on the City’s Inventory of Parks as Parkland and that a report come forward to the appropriate Standing Committee in Q1 2011.

REFERRED by the following Motion:

MOTION

Moved by Councillor D. Holmes

Seconded by Councillor J. Harder

WHEREAS the Holmes/Harder motion directs that a by-law be enacted which formally dedicates as Parkland, all lands currently listed on the City’s Inventory of Parks;

AND WHEREAS the City’s Inventory of Parks indicates there are currently 850 parks located within the boundaries of the City of Ottawa;

AND WHEREAS it would be prudent for Council to have specific information with respect to the possible process options, timelines and costs associated with enacting this motion, prior to consideration of same;

BE IT RESOLVED THAT the Holmes/Harder motion be referred to the City Clerk and Solicitor and the General Manager, Parks Recreation and Cultural Services, together with a direction to prepare a report setting out the various process options, timelines and costs to effect this resolution and that such report be brought forward to the Community and Protective Services Committee and Council in January 2011 for consideration.

REFERRAL CARRIED

MOTION

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

WHEREAS the City of Ottawa is the sole shareholder of Hydro Ottawa Holding Inc. which provides electricity to more than 296,000 residential and business customers in the City as well as the village of Casselman, and

WHEREAS, in 2009, Hydro One Networks Inc. successfully applied to the Ontario Energy Board for an order granting Hydro One leave to sell certain distribution system assets located within Hydro Ottawa’s service area to Hydro Ottawa Limited (“Hydro Ottawa”), and

WHEREAS the proposed transaction was promoted as one which would enable Hydro Ottawa to improve operational flexibility and reliability while not adversely affect the safety, reliability, quality of service or operational flexibility for other customers of Hydro One, and

WHEREAS local MPP Phil McNeely, in spite of the provincial government’s recent imposition of significant additional energy taxes, has declared himself to be a proponent of “fair hydro prices for all residents” and promised in 2002 that he himself would oversee the transfer of Hydro One customers to Hydro Ottawa to facilitate the provision of better and less costly service for these customers, and

WHEREAS the HST and various levies and charges are causing financial hardship to many residents,

BE IT RESOLVED THAT these Hydro One customers be transferred to Hydro Ottawa at no cost in accordance with Mr. McNeely's promise of eight years ago.

WITHDRAWN

By-laws Three Readings

(Councillors S. Desroches and S. Qadri)

a. A by-law of the City of Ottawa designating the Carp Road Corridor as an improvement area.

b. A by-law of the City of Ottawa to establish a Board of Management for the Carp Road Corridor Business Improvement Area.

c. A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Ziegler Street, June Court and Leita Place).

d. A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to amend the zoning provisions of exception 1312 for lands currently and previously known as 2233 Mer Bleue Road.

e. 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.

f. A by-law of the City of Ottawa to designate certain lands on Rochefort Circle, Strasbourg Street and Farincourt Crescent as being exempt from Part Lot Control.

CARRIED