OTTAWA CITY COUNCIL

14 AND 15 January 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 54

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 14 and 15 January 2009 beginning at 10:00 a.m. on 14 January 2009.

 

 

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

 

 

The National Anthem was performed by students of the Grade 5 class from Our Lady of Victory School.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION - 2009 IIHF WORLD JUNIOR HOCKEY TOURNAMENT

 

Mayor O’Brien recognized the members of the 2009 IIHF World Junior Hockey Championship’s Host Organizing Committee.  The 2009 tournament took place in Ottawa from December 26th, 2008 until January 5th, 2009.  In recognition of the success of the tournament, Mayor O’Brien presented a framed proclamation to Mr. Cyril Leeder, Vice-Chair, Host Organizing Committee, 2009 IIHF World Junior Hockey Championship, who accepted on behalf of the Committee.   

 

 

State of the City Address - Mayor O’Brien

 

Mayor O’Brien deferred delivery of his State of the City Address to a future meeting of Council.

 

Roll Call

 

ALL MEMBERS WERE PRESENT.

 

 

Confirmation of Minutes

 

The Minutes of the special and In Camera meetings of 1, 2, 3, 4, 5, 8 and 10 December 2008, the special and In Camera meetings of 4 December 2008, the regular and In Camera meeting of 10 December 2008 and the special and In Camera meetings of 6 January 2009 were confirmed.

 

Declarations of pecuniary interest including those originally arising from prior meetings

 

No Declarations were filed.

 

 

Communications

 

The following communication was received:

 

·                    Response to Inquiry

·        Inquiry 40-08 – Temporary Traffic Lights

 

 

Regrets

 

No Regrets were filed.

 

 

Postponements and Deferrals

 

City Auditor General

 

 

          OFFICE OF THE AUDITOR GENERAL

                1)            AUDIT OF THE 2006 SEWAGE SPILL

                2)            AUDIT OF THE CITY OF OTTAWA WATER RATE

 

 

REPORT RECOMMENDATION

 

That Council receive and table the following reports from the Office of the Auditor General at its meeting on October 22, 2008, for referral  to the appropriate Standing Committee, and for subsequent consideration and approval of the audit recommendations by Council at a later meeting: 

 

1)         Audit of the 2006 Sewage Spill

2)         Audit of  the City of Ottawa Water Rate

 

That, at a later meeting, Council refer all audit recommendations where management is in disagreement to the Council Audit Working Group for resolution.

 

CITY COUNCIL 22 OCTOBER 2008

 

1)         Audit of the 2006 Sewage Spill

 

MOTION NO. 45/3
 

Moved by Councillor P. Hume

Seconded by Councillor J. Harder

 

WHEREAS the Auditor General’s Audit Report on the 2006 Sewage Spill, as well as the City Manager’s Review (Price Report) on the spill of raw sewage into the Ottawa River in August of 2006, have a total of 21 recommendations;

 

AND WHEREAS Senior Management has advised that there are no disagreements with respect to any of the recommendations, and the City Manager has acted promptly to address the operational, management and labour relations issues identified in the above reports;

 

AND WHEREAS various labour relations issues, personnel and privacy matters, as well as pending litigation, would effectively prohibit public delegations or consultation on most of the findings in these two reports;

 

AND WHEREAS staff will be presenting an interim report to the December 9, 2008 meeting of the Planning and Environment Committee on the progress that has been made on what the City is doing to protect the water quality in the Ottawa River, and the proposed spending plan for the Ottawa River Fund;

 

AND WHEREAS this report will include a demonstration of the hydraulic model of the Ottawa River; a high level assessment of the opportunities and cost for sewer system improvements; a high level assessment of the opportunities and cost for wastewater treatment facility improvements; and will provide information on the cost, process, staffing effects, etc. on the ability of the City of Ottawa to eliminate any overflow to water bodies from the combined sewer areas;

 

AND WHEREAS this report will addresses a significant number of the operational recommendations raised within the audit, and public delegations will be received at that time;

 

THEREFORE BE IT RESOLVED THAT City Council refer the Audit of the 2006 Sewage Spill directly to the City Council meeting of 12 November 2008; and

 

BE IT FURTHER RESOLVED THAT, at the 12 November 2008 City Council meeting, City Council:

 

1.                  Directs staff to prepare a companion report for Committee and Council that focuses specifically on the “Go forward” plan to address the audit recommendations, to be presented at the 9 December 2008 Planning and Environment Committee Meeting; and

 

2.                  Lifts delegated authority from the Council Audit Working Group with respect to the Audit of the 2006 Sewage Spill, and that senior staff be directed to report quarterly on staff implementation of the various recommendations to the Planning and Environment Committee and annually to the Planning and Environment Committee and City Council.

 

                                                                                                            CARRIED

 

2)         Audit of the City of Ottawa Water Rate

 

MOTION NO. 45/4

 

Moved by Councillor J. Harder

Seconded by Councillor G. Hunter 

 

BE IT RESOLVED THAT the Audit of the City of Ottawa Water Rate be referred to the Special Meeting of the Planning and Environment Committee to be held on October 29, 2008, for the purpose of hearing public delegations and for consideration;

 

AND BE IT FURTHER RESOLVED THAT the report of the Special Meeting Planning and Environment Committee rise to the Council meeting of November 12, 2008 as a companion report to the Rate Budget.

 

                                                                                                            REFERRAL CARRIED

 

CITY COUNCIL 12   NOVEMBER 2008

 

MOTION NO. 47/1

 

Moved by Councillor M. McRae

Seconded by Councillor C. Leadman

 

WHEREAS on 22 October 2008, the City’s Auditor General tabled the following two audit reports with Council: 1) Audit of the 2006 Sewage Spill; and 2) Audit of the City of Ottawa Water Rate; 

 

AND WHEREAS the Audit of the 2006 Sewage Spill was referred directly to the City Council meeting of 12 November 2008, while the Audit of the City of Ottawa Water Rate was referred to the special meeting of the Planning and Environment Committee of 29 October 2008 to receive public delegations and would rise to the 12 November 2008 Council meeting;

 

AND WHEREAS the Auditor General has advised Members of Council he will be unable to attend the Council meeting of 12 November 2008;

 

AND WHEREAS staff has advised that the Agenda for the Council meeting of 26 November is expected to be quite heavy;

 

BE IT THEREFORE RESOLVED THAT the reports of the Office of the Auditor General 1) Audit of the 2006 Sewage Spill and 2) Audit of the City of Ottawa Water Rate, together with Planning and Environment Committee Report 40, Item 1 entitled "Public Delegations – Office of the Auditor General – Audit of the city of Ottawa Water Rate” be deferred to the 10 December 2008 Council meeting.

 

                                                                                                            DEFERRAL CARRIED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 40

 

 

1.             PUBLIC DELEGATIONS - OFFICE OF THE AUDITOR GENERAL - Audit of the CITY OF OTTAWA WATER RATE

 

 

Committee recommendation

 

That Council receive this report for information.

 

                                                                                                DEFERRAL CARRIED

                                                                                                                                            

 

 

 

CITY COUNCIL 10 DECEMBER 2008

 

MOTION NO. 51/1

 

Moved by Councillor M. Wilkinson

Seconded by Councillor D. Deans

 

WHEREAS Council wishes to reconvene the 2009 Draft Budget meeting immediately following adjournment of today’s regular meeting;

 

AND WHEREAS staff have indicated there are no legislative, legal or other urgent requirements that would demand Council’s consideration of the items set out below, at today’s meeting;

 

THEREFORE BE IT RESOLVED THAT the following item be deferred to the Council meeting of 14 January 2009 for consideration:

 

Postponements and Deferrals

Office of the Auditor General 1) Audit of the 2006 Sewage Spill; 2) Audit of the City of Ottawa Water Rate.

 

                                                                                                            DEFERRAL CARRIED

 

 

CITY COUNCIL 14 JANUARY 2009

 

With respect to Part 1) Audit of the 2006 Sewage Spill, Recommendation 1 of Motion No. 45/3 was ruled REDUNDANT.  Recommendation 2 of Motion No. 45/3 was put to Council and CARRIED.

 

With respect to Part 2) Audit of the City of Ottawa Water Rate, the Report Recommendation that Council refer all audit recommendations where management is in disagreement to the Council Audit Working Group for resolution, was put to Council and CARRIED.

 

Item 1 of Planning and Environment Committee Report 40 was put to Council and RECEIVED.

 

 

Motion to Introduce Reports

 

MOTION NO. 54/1

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

That Agriculture and Rural Affairs Committee Report 35 and Planning and Environment Committee Report 44 be received and considered.

 

And that the Rules of Procedure be suspended to receive and consider the recommendations from the Transportation Committee contained in Transportation Committee Report 24.

 

And that Council receive a presentation from staff in response to Motions 53/2 and 53/3 of 6 January 2009 - Strategies to Alleviate Effect on the Public of ATU Local 279 Strike.

 

                                                                                                            CARRIED

 

Reports

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 35

 

 

1.             APPLICATION TO ALTER THE CHESHIRE CAT PUB, 2193 RICHARDSON SIDE ROAD,
A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Approve the alterations to the Cheshire Cat Pub, 2193 Richardson Side Road, in accordance with the designs by Malcolm Wildeboer of Ralph Vandenberg Architect Architect Inc. as received on October 21, 2008 and included as Documents 3 and 4.

 

2.                  Delegate approval of any subsequent design changes of a minor nature associated with this application to the Director of the Planning Branch.

 

(The 90-day timeline under the Ontario Heritage Act will expire on January 19, 2009.)

(Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.)

 

                                                                                                            CARRIED

 

 

2.             ZONING - PARTS OF 5645 AND 5651 FIRST LINE ROAD

 

 

COMMITTEE RECOMMENDATIONS

 

(This application is subject to Bill 51)

 

That Council:

 

1.         Approve an amendment to Zoning By-law 2008-250 to change the zoning of parts of 5645 and 5651 First Line Road from (DR1) - Development Reserve Zone, Subzone 1 and (V1G) Village Residential First Density, Subzone G to (V1P) - Village Residential First Density, Subzone P and (O1) - Parks and Open Space Zone to facilitate a proposed plan of subdivision as shown in Document 1 and as detailed in Document 3, and;

 

2.         Approve an amendment to the former Township of Rideau By-law, 2004-428 to change the zoning of parts 5645 and 5651 First Line Road to EP – Environmental Protection Zone as shown in Document 2 and as detailed in Document 3.

 

                                                                                                            CARRIED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 44

 

 

1.             COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - FOURTH REPORT

 

 

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.

 

                                                                                                   CARRIED

 

Planning and environment Committee recommendation as amended

 

That Council approve the amendments recommended in Column 4 of Document 1, to correct anomalies in Zoning By-law 2008-250, as amended to rezone the lands at the north-east corner of Meandering Brook Drive and Lester Road from O1-Parks and Open Space to R5A[1235] H(22)- Residential Fifth Density.

 

CARRIED with Councillor J. Legendre dissenting.

TRANSPORTATION COMMITTEE REPORT 24

 

 

1.             INTERPROVINCIAL CROSSINGS STUDY – NCC PRESENTATION – PHASE 1 STUDY               FINDINGS AND RECOMMENDATIONS

 

 

TRANSPORTATION COMMITTEE RECOMENDATION

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

            1.         That Council approve the following :

 

a.         That Council endorse the Interprovincial River Crossings EA Study recommendation that no west end river crossing be carried forward to Phase 2 of this EA Study.

 

b.         That no corridors in the west end be designated in the City of Ottawa's Official Plan for possible future river crossings until 2028, when a new environmental assessment may be undertaken to review the need for such a river crossing.

 

c.         That the corridor for the Lower Duck option 6 or 7 be protected and included in Phase 2 for evaluation.

 

d.         That Council endorses the NCC proceeding to Phase 2 of the Interprovincial Crossings EA, as amended by the preceding recommendations.

 

e.         That the Transportation Committee Chair be directed to communicate via letter to the NCC that future presentations and reports for consideration by the Transportation Committee be supported by complete and translated documentation prior to meeting.

 
MOTION NO. 54/2

 

Moved by Councillor C. Leadman

Seconded by Councillor G. Bédard

 

That the Question be now put on Transportation Committee Report 24, Item 1.

 

CARRIED on a division of 15 YEAS to 8 NAYS as follows:

 

YEAS (15):      Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate S. Qadri, D. Holmes, M. McRae, D. Deans, P. Hume, D. Thompson, G. Brooks, G. Bédard, J. Legendre, R. Bloess and C. Doucet.

 

NAYS (8):       Councillors A. Cullen, M. Bellemare, S. Desroches, E. El-Chantiry, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 

Item 1 of Transportation Committee Report 24 was then put to Council and divided for voting purposes.

 

Resolution 1. a. CARRIED with Councillor M. Bellemare dissenting.

 

Resolution 1. b. CARRIED with Councillors C. Leadman, M. Bellemare and J. Legendre dissenting.

 

Resolution 1.c. was put to Council and CARRIED on a division of 12 YEAS to 11 NAYS as follows:

 

YEAS (12):      Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, D. Holmes, M. McRae, D. Deans, P. Hume, G. Brooks, G. Bédard, J. Legendre and C. Doucet.

 

NAYS (11):     Councillors A. Cullen, S. Qadri, D. Thompson, M. Bellemare, S. Desroches, E. El-Chantiry, R. Bloess, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 

Resolution 1. d. CARRIED with Councillors M. Bellemare and G. Hunter dissenting.

 

Resolution 1.e. CARRIED.

 

MOTION NO. 54/3

 

Moved by Councillor B. Monette

Seconded by Councillor R. Jellett

 

That Resolution 1. c. of Item 1, Transportation Committee Report 24 be RECONSIDERED at the next regular meeting of Council scheduled for 28 January 2009.

 

Pursuant to Subsection 64 (4) of Procedure By-law 2006-462, notice of reconsideration CARRIED on a division of 11 YEAS to 12 NAYS (8 votes required) as follows:

 

YEAS (11):      Councillors A. Cullen, S. Qadri, D. Thompson, M. Bellemare, S. Desroches, E. El-Chantiry, R. Bloess, G. Hunter, R. Jellett, B. Monette and Mayor O’Brien.

 

NAYS (12):     Councillors M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, D. Holmes, M. McRae, D. Deans, P. Hume, G. Brooks, G. Bédard, J. Legendre and C. Doucet.

 

 

Motion To Resolve In Camera

 
MOTION NO. 54/4

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

BE IT RESOLVED THAT the Rules of Procedure be waived to permit the receipt of a briefing from the City Clerk and Solicitor with respect to matters related to collective bargaining for OC Transpo; and

 

BE IT RESOLVED that Council resolve In Camera pursuant to Subsections 13. (1) (b) personal matters about an identifiable individual, including staff; (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, of Procedure By-law 2006-462, with respect to matters related to collective bargaining for OC Transpo and other transit strike related matters. 

 

MOTION NO. 54/5

 

Moved by Councillor R. Chiarelli

Seconded by Councillor D. Deans

 

That the Question be now put on Motion No. 54/4.

 

CARRIED with Councillor A. Cullen dissenting

 

Motion No. 54/4 was then put to Council and CARRIED on a division of 19 YEAS to 4 NAYS as follows:

 

YEAS (19):      Councillors A. Cullen, M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, S. Qadri, D. Holmes, M. McRae, D. Deans, P. Hume, D. Thompson, G. Brooks, M. Bellemare, S. Desroches, E. El-Chantiry, G. Bédard, J. Legendre, C. Doucet and Mayor O’Brien.

 

NAYS (4):       Councillors R. Bloess, G. Hunter, R. Jellett and B. Monette.

 

Council resolved In Camera on Wednesday, 14 January 2009 at 11:35 p.m.

 

IN CAMERA SESSION

 

IN COUNCIL

 

Council resumed open session on Thursday, 15 January 2009 at 4:00 p.m.

 

STAFF PRESENTATION

 

 

1.             STAFF PRESENTATION IN RESPONSE TO COUNCIL MOTIONS 53/2 AND 53/3 OF 6 JANUARY 2009 – STRATEGIES TO ALLEVIATE EFFECT ON PUBLIC OF ATU STRIKE

 

 

MOTION NO. 54/6

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

WHEREAS the Government of Canada has enacted country-wide restrictions on the hours of work and imposed work-rest rules for commercial motor vehicles operators who are under federal jurisdiction;

 

AND WHEREAS bus operators employed within municipal transit services whose routes do not exceed a 25-kilometre radius of the municipal boundaries have been exempted from these federal regulations;

 

AND WHEREAS the safety of the residents of the City of Ottawa and of OC Transpo operators warrants the same protections against driver fatigue as enjoyed by the residents and bus operators throughout Canada;

 

THEREFORE BE IT RESOLVED that Council directs the City Clerk and Solicitor to petition the Federal Ministers of Labour and Transportation to amend the federal regulations governing the hours of work and work-rest rules for commercial motor vehicle operators to ensure their application to municipal bus operators employed by the City of Ottawa.

 

                                                                                                            CARRIED

 

 

MOTION NO. 54/7

 

Moved by Councillor G. Bédard

Seconded by Councillor J. Legendre

 

WHEREAS the Amalgamated Transit Union, Local 279 (the “Union”), began a legal strike against the City of Ottawa on December 10th, 2008, in support of its collective bargaining demands;

 

AND WHEREAS at its meeting of December 19th, 2008, City Council confirmed the mandate given to its bargaining team and its bargaining objectives, being to reinstate transit service as soon as possible and to effect a fair and reasonable settlement that respects transit users;

 

AND WHEREAS on December 23rd, 2008, the City’s bargaining team tabled an offer with ATU 279 representatives that exhausted the bargaining mandate provided by City Council;

 

AND WHEREAS on that same day the ATU bargaining team rejected the City’s last offer and refused the City’s request that this final offer be put before the ATU membership for its consideration;

 

AND WHEREAS the City was successful in its request to the Federal Minister of Labour to order a vote by members of the ATU Local 279 on the City’s last offer;

 

AND WHEREAS on January 8th, 2009, members of the ATU voted to reject the City’s last offer;

 

AND WHEREAS the City’s objective remains to reach a negotiated resolution of the current collective bargaining impasse with the ATU Local 279;

 

THEREFORE BE IT RESOLVED that the City is:

 

        i.            willing to renegotiate a work scheduling regime to achieve the objectives of creating a safer and more reliable transit system, including meeting federal safety standards through the establishment of work rest rules;

      ii.            requesting ATU to agree to appoint an independent Fact Finder on work scheduling to ascertain the facts on work scheduling;

    iii.            suspending the matter of the productivity bonus of $2,500 pending review of the work scheduling;

    iv.            willing to negotiate a financial package that would not result in an overall cost increase in excess of the City’s last offer.

 

CARRIED on a division of 23 YEAS to 0 NAYS as follows:

 

YEAS (23):      Councillors A. Cullen, M. Wilkinson, C. Leadman, R. Chiarelli, P. Feltmate, S. Qadri, D. Holmes, M. McRae, D. Deans, P. Hume, D. Thompson, G. Brooks, M. Bellemare, S. Desroches, E. El-Chantiry, G. Bédard, J. Legendre, R. Bloess, G. Hunter, C. Doucet, R. Jellett, B. Monette and Mayor O’Brien.

 

NAYS (0):

 

MOTION NO. 54/8

 

Moved by Councillor D. Holmes

Seconded by Councillor G. Bédard

 

BE IT RESOLVED that:

 

1.                  On-street parking rates be reduced from $3 per hour to $2.50 per hour.

 

2.                  Residential on-street permit parking rates be reduced by 50% retroactive to December 10, 2008 such that the reduced rate (exclusive of GST) shall be:

(a)                           weekly - $6.38

(b)                           monthly - $25.50.

 

3.                  The Annual Permit for residential on-street parking shall be reduced by $23.75 per month during the Transit Service Disruption.

 

4.                  The on-street parking rates described in paragraph 1 shall revert to $3 per hour upon certification by the City Manager that the Transit Service Disruption has ended.

 

5.                  The residential on-street parking permit rate reductions described in paragraphs 2 and 3 shall revert to the rates in place prior to this motion being adopted upon certification by the City Manager that the Transit Service Disruption has ended, those rates being exclusive of GST and subject to increase on April 1, 2009 pursuant to Council in the 2009 Operating Budget.

 

                                                                                                            CARRIED

 

MOTION NO. 54/9

 

Moved by Councillor D. Holmes

Seconded by Councillor G. Bédard

 

BE IT RESOLVED that:

 

  1. Between the hours of 6:00 am and 10:00 am, Monday to Friday (holidays excepted), for those vehicles entering a municipal paid parking lot with three or more people in the vehicle, the City shall issue a coupon or tokens valued at $3.00 to be applied to the daily parking rate to the driver of the vehicle and for additional passengers in the vehicle, coupons or tokens valued at $1.00 per additional passenger will be provided to the driver.

 

  1. Paragraph 1 shall only apply to the first entry by the vehicle on each day.

 

3.      Paragraph 1 shall not apply to municipal parking lots at the following locations:

(a)               170 Second Avenue

(b)               574 Bank Street

(c)                Lansdowne Park

(d)               70 Clarence Street

 

  1. The coupon/token system shall discontinue upon certification by the City Manager that the Transit Service Disruption has ended.

 

  1. Staff shall monitor the use of the coupon/token system and if considered necessary by the Deputy City Manager of City Operations, report to Council on the use of this system.

 

                                                                                                            CARRIED

 

MOTION NO. 54/10

 

Moved by Councillor B. Monette

Seconded by Councillor S. Qadri

 

WHEREAS Amalgamated Transit Union (ATU) Local 279 went on strike at 12:01 a.m. on Wednesday, December 10, 2008. which resulted in an immediate halt to OC Transpo bus and O-Train service and for the duration of the strike;

 

AND WHEREAS some OC Transpo customers who purchased transit services through a variety of payment methods are now seeking compensation for the failure to provide service during the period of transit service disruption;

 

AND WHEREAS Council wishes to encourage pass holders to retain their transit pass valid in December 2008 for use after the resumption of service as they will be valid for a period of at least one month;

 

AND WHEREAS Council acknowledges that some pass holders wish to obtain refunds at this time to meet current needs;

 

THEREFORE BE IT RESOLVED that Council approve the following:

 

1.                  The City promote and encourage pass holders to retain their transit pass valid in December 2008 for use after the resumption of service and that those passes be valid for a period of at least one month when transit service resumes;

 

2.                  The City authorizes the reimbursement of one month’s full value for each December 2008 Transit pass including Student Semester pass valid for December 2008, Adult Annual pass valid for December 2008 and Regular or Gold Parking Permit valid for December 2008, returned to the City or marked in a manner that ensures that a second reimbursement is not possible and an equivalent credit of the deductions for December 2008 Ecopass subscribers;

 

3.                  The City authorizes the reimbursement for lost service days for each 2008 Student Annual pass to be calculated on the per day basis of lost service when transit service resumes;

 

4.                  That staff be directed to bring forward recommendations to a future meeting of Transit Committee and Council for a wider program of reimbursement and incentives to those retaining transit passes valid in December 2008, which encourages the resumptions of the use of public transit and that consider the following rebates and incentives for existing and new users for a period of time following the resumption of public transit:

 

a.                  Waiving of transit fare increase in April

b.                  Ecopass credit for one month and more

c.                   December transit passes to be valid for one month and more

d.                  Rebate and discount on next purchase of Student Semester pass, Student Annual pass, and Annual Adult pass

e.                  Consideration of two for one ticket credit

f.                    Free transit service for first few days

g.                  Free transit service in evenings and on weekends

h.                  Free O-Train service

i.                    Promotional offers with partnering businesses, museums, recreational facilities and other organizations

j.                    Customer and employee appreciation events.

k.                  Staff report back on the possibility of returning transit levy money to residents who have been paying for transit services they have not been receiving.

 

CARRIED with Councillor G. Hunter dissenting on Resolution 2 - reimbursement for the full month of December.

 

MOTION NO. 54/11

 

Moved by Councillor S. Qadri

Seconded by Councillor B. Monette

 

BE IT RESOLVED that Recommendation 2 of Motion No. 54/10 be amended such that a refund will be offered for Ecopass Holders as an alternative to a credit.

 
MOTION NO. 54/12

 

Moved by Councillor S. Qadri

Seconded by Councillor B. Monette

 

That Motion No. 54/11 be referred to the Special Meeting of Council scheduled for 21 January 2009.

                                                                                                            REFERRAL CARRIED

 

MOTION NO. 54/13

 

Moved by Councillor C. Doucet

Seconded by Councillor M. McRae

 

WHEREAS numerous complaints have been received about vehicles blocking intersections when the signals change since the transit strike began;

 

WHEREAS vehicles remaining in an intersection when the traffic signals change contributes to gridlock and poses safety hazard for pedestrians and cyclists;

 

BE IT RESOLVED that signs be put up at key intersections to notify drivers of the penalties and fines applicable for blocking an intersection.

 

                                                                                                            CARRIED

 

MOTION NO. 54/14

 

Moved by Councillor C. Doucet

Seconded by Councillor A. Cullen

 

WHEREAS the transit strike is saving the City a minimum of $2.0 Million each week but costing individuals and businesses millions each day.

 

WHEREAS the residents of Ottawa have made alternative travel plans during the strike and many will not return to use public transit.

 

WHEREAS once the strike is over, re-building public confidence in transit will require a clear commitment from the city to action.

 

BE IT RESOLVED that the City develop a Return to Transit Recovery Program that will be in place the day the strike ends and that a subcommittee of Transit Committee comprised of Georges Bédard, Alex Cullen, Maria McRae and Clive Doucet be struck to work with staff to develop this program for Council’s consideration.

 

                                                                                                            CARRIED

 

MOTION NO. 54/15

 

Moved by Councillor R. Chiarelli

Seconded by Councillor J. Legendre

 

THEREFORE BE IT RESOLVED that:

 

1.                    A fund of $400,000 be established to be funded from the transit operating fund.

2.                    The City Manager be delegated the authority to allocate monies from this fund towards programs and persons, subject to the Municipal Act, s. 106 incurring extra costs as a result of the transit service disruptions that are not otherwise addressed by a program approved by Council.

3.                    A listing of the amounts allocated and the recipients be provided to Transit Committee.

4.                    The provisions of the Notice By-law requiring notice of this motion be waived.

 

CARRIED with Councillors A. Cullen and G. Bédard dissenting.

 

MOTION NO. 54/16

 

Moved by Councillor R. Bloess

Seconded by Councillor M. Wilkinson

 

WHEREAS the Federal Minister of Labour on December 29th, 2008, referred to the Canada Industrial Relations Board (the “{Board”) a question under Section 87.1(4) of the Canada Labour Code (the “Code”) and asked the Board to determine whether the City of Ottawa and the Amalgamated Transit Union, Local 279, have complied with the requirements of the Code with regards to the maintenance of essential services, in relation to the current ATU Local 279 work stoppage;

 

AND WHEREAS the Board invited the City and the ATU to make submissions as to their compliance with the Code, on or before January 9th, 2009;

 

AND WHEREAS the Board also invited submissions from the public and other interested parties on the question of essential services in the context of the provision of public transit service;

 

AND WHEREAS the City filed a preliminary submission with the Board on January 9th, 2009, stating its desire to review and consider the public comments prior to providing a more comprehensive response;

 

AND WHEREAS the Board has received in excess of 2,800 submissions from members of the public and other interested parties and these were forwarded to City staff on January 11th, 2009;

 

AND WHEREAS the Board has asked the City and ATU to provide their respective responses to the public submissions on or before January 21st, 2009, which will not provide adequate time for analysis or consideration by Council of those voluminous public comments;

 

AND WHEREAS Council is keenly interested in understanding the public concerns, as stated to the Board, prior to finalizing a more comprehensive response to the Board;

 

THEREFORE BE IT RESOLVED THAT the City Clerk and Solicitor be directed to provide Council with a briefing on the City’s draft response to the Board prior to undertaking oral submissions on January 28th, 2009.

 

                                                                                                            CARRIED

 

MOTION NO. 54/17

 

Moved by Councillor C. Doucet 

Seconded by Councillor M. McRae

 

WHEREAS Council has expressed a desire to meet more regularly during the strike by the ATU Local 279 Strike;

 

THEREFORE BE IT RESOLVED THAT a special meeting of Council be held on Wednesday, 21 January 2009 beginning at 1:30 p.m. on the issue of the ATU strike and staff report on the direct costs and savings arising from the strike; and

 

BE IT FURTHER RESOLVED THAT Council direct the City Clerk and Solicitor to consult with the Standing Committee Chairs to develop a tentative schedule for weekly Council meetings for the duration of the strike and that this schedule be brought forward to the special meeting to be held on 21 January 2009. 

 

                                                                                                            CARRIED

 

Motion to Adopt Reports

 
MOTION NO. 54/18

 

Moved by Councillor D. Deans

Seconded by Councillor G. Hunter

 

That the Agriculture and Rural Affairs Committee Report 35, Planning and Environment Committee Report 44 and Transportation Committee Report 24 be received and adopted as amended.

 

                                                                                                            CARRIED

 

 

Motions of Which Notice has Been Given Previously

 

MOTION NO. 54/19

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

That the following motion be referred to the Community and Protective Services Committee for consideration:

 

WHEREAS City Council is approving an envelope of funding for arts and culture (including festivals); and

 

WHEREAS the allocation of those funds leaves a number of groups out of the funding loop; and

 

WHEREAS the distribution of festival funds tends to be concentrated within a few organizations;

 

THEREFORE BE IT RESOLVED that staff prepare for council a revised allocation policy that opens the allocation process and includes a majority of councillors prior to any funds being earmarked or distributed.

 

                                                                                                            REFERRAL CARRIED

 

 

Motions Requiring Suspension of the Rules of Procedure

 
MOTION NO. 54/20

 

Moved by Councillor A. Cullen

Seconded by Councillor M. Wilkinson

 

BE IT RESOLVED THAT the Rules of Procedure be waived to permit the consideration of the following motion:

 

WHEREAS Council directed that the Transit Capital Budget be tabled in January 2009;

 

AND WHEREAS staff have advised that the details of the proposed capital budget have not been finalized;

 

AND WHEREAS there is not any proposed capital expenditure that would be impacted should Transit Capital Budget be tabled at Transit Committee on 4 February 2009, deliberated on 18 February 2009 and subsequently rise to Council for consideration;

 

THEREFORE BE IT RESOLVED that staff be directed to table the Transit Capital Budget at Transit Committee on 4 February 2009.

                                                                                                            CARRIED

 

By-laws                                                                                      Three Readings

 
MOTION NO. 54/21

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

That the following by-laws be enacted and passed:

 

2009-2                         A by-law of the City of Ottawa to designate Devonshire Public School, 100 Breezehill Avenue, to be of cultural heritage value or interest.

 

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

 

2009-4                         A by-law of the City of Ottawa to repeal By-law No. 50/98 of the former Township of Rideau designating 6691 Rideau Valley Drive South as a property of historic or architectural value or interest.

 

2009-5                         A by-law of the City of Ottawa to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act.

 

2009-6                         A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Iveson Drive and Loney Crescent).

 

2009-7                         A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Abbeydale Circle).

 

2009-8                         A by-law of the City of Ottawa to stop up and close the Lane on Plan 318 located on the south side of Prince Albert Street, east of North River Road.

 

2009-9                         A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Youville Drive).

 

2009-10                     A by-law of the City of Ottawa to designate 345 St. Denis Street, as being exempt from Part Lot Control and to repeal By-law No. 2008-443.

 

2009-11                     A by-law of the City of Ottawa to designate 311-317 (odd), 318 to 325, 345 to 360 Farincourt Crescent, 501 to 523 (odd) Strasbourg Street; 400 to 422 (even), 423 to 448, 450 to 476 (even), 483 to 507 (odd), 514 to 536 (even) Rochefort Circle, as being exempt from Part Lot Control.

 

2009-12                     A by-law of the City of Ottawa to designate 768, 770, 772 and 774 Cedar Creek Drive, 4059, 4061, 4063 and 4065 Kelly Farm Drive, 177, 179, 181, 183 and 185 Bradwell Way, as being exempt from Part Lot Control.

 

2009-13                     A by-law of the City of Ottawa to designate 1498 Hunt Club Road, as being exempt from Part Lot Control.

 

2009-14                     A by-law of the City of Ottawa to designate 6563 to 6579 Windsong Avenue, as being exempt from Part Lot Control.

 

2009-15                     A by-law of the City of Ottawa to designate 87, 89, 91, 93, 95, 97, 99, 101, 103, 105, 107 and 109 Bandelier Way, as being exempt from Part Lot Control.

 

2009-16                     A by-law of the City of Ottawa to designate 400 to 537 Temiskaming Crescent, 300 to 337 Foxridge Way and 201 to 253 Leamington Way, as being exempt from Part Lot Control.

 

2009-17                     A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and to amend By-law No. 40-99 of the former Township of Goulbourn to remove the holding symbol from part of the property known municipally as 7120 Highway 7.

 

2009-18                     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.

 

2009-19                     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 80 Arbourbrook Boulevard.

 

2009-20                     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 2880 Barlow Crescent.

 

2009-21                     A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and to amend By-law No. 2004-428 to change the zoning for part of the properties known municipally as 5645 and 5651 First Line Road.

 

2009-22                     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. 54/22

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

THAT By-law 2009-23 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

 

Inquiries

 

No Inquiries were filed.

 

Adjournment

 

Council adjourned the meeting at 6:30 p.m. on Thursday, 15 January 2009.

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR