OTTAWA CITY COUNCIL

23 September 2009

ANDREW S. HAYDON HALL

10:00 a.m.

 

MINUTES 74

 

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 23 September 2009 beginning at 10:00 a.m.

 

 

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

 

 

The National Anthem was performed by Christina Dell.

 

 

MOMENT OF SILENCE –  Marc TUSCHAK

 

Council observed a Moment of Silence in memory of Marc Tuschak, a long time employee of the Printing Services Unit, who passed away on September 16, 2009.

 

 

Announcements/Ceremonial Activities

 

RECOGNITION - CHILD ABUSE AND NEGLECT PREVENTION DAY

 

Mayor O’Brien declared Friday, October 2nd as Child Abuse and Neglect Prevention Day in the City of Ottawa.  The Mayor presented a framed proclamation to Barbara MacKinnon, Executive Director, Children’s Aid Society of Ottawa. 

 

 

RECOGNITION - CUMBERLAND HERITAGE VILLAGE MUSEUM

 

Mayor O’Brien recognized the Board of Directors and staff of the Cumberland Heritage Village Museum for being awarded the 2008 Russell K. Cooper Living History Site Award by the Ontario Historical Society.

 

On behalf of the Cumberland Village Heritage Museum, Dr. John Russell Thomas, Chair, Board of Directors; Ms. Angela Jellett, Member of the Board of Directors; Dr. Tim Krywulak, Member of the Board of Directors; Mr. John Larsen, Member of the Board of Directors; Ms. Suzanne Lavoie, Museum Administrator; and Mr. Glenn Charron, Curator of Collections accepted a framed Team Achievement Award from Mayor O’Brien.

 

 

Roll Call

 

ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS J. HARDER AND G. HUNTER.

 

Confirmation of Minutes

 

The Minutes of the regular and In Camera meetings of 9 September 2009 and the Special meeting of 11 September 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 :

·         AMO Releases Draft Paper: Seeking Joint and Several Liability Reform

 

·                     Responses to Inquiries

·         21-09 - Framework for the Development of Supplementary Budget Options

 

 

Regrets

 

Councillors J. Harder and G. Hunter advised they would be absent from the Council meeting of 23 September 2009.

 

 

Motion to Introduce Reports

 

MOTION NO. 74/1

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

That the City Clerk and Solicitor’s report “Status Update – Council Inquires and Motions for the Period ending 9 September 2009”, Audit, Budget and Finance Committee Report 2, Community and Protective Services Committee Reports 44A, 45 and 45 (In Camera), and Planning and Environment Committee Report 56A, be received and considered.

 

And that the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 57, because negotiations with the developer continued until the second week of September and contracts for work affected by the report are scheduled to be awarded before the next meeting of Council (14 October 2009).

 

                                                                                                CARRIED

 

CITY CLERK AND SOLICITOR

 

 

                STATUS UPDATE – COUNCIL INQUIRIES AND MOTIONS FOR THE PERIOD ENDING 9 SEPTEMBER 2009.

 

RAPPORT DE SUIVI DES DEMANDES DE RENSEIGNEMENTS ET DES MOTIONS DU CONSEIL MUNICIPAL POUR LA PÉRIODE PRENANT FIN LE 9 SEPTEMBRE 2009

 

 

REPORT RECOMMENDATION

 

That Council receive this report for information.

 

                                                                                                RECEIVED

 

 

COMMITTEE REPORTS

 

AUDIT, BUDGET AND FINANCE COMMITTEE REPORT 2

 

 

1.     2009 Corporate tax Supported status report – q2

 

Rapport d’étape sur les services municipaux financés par les recettes fiscales 2009 – T2

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Receive this report for information; and

 

2.      Establish the debt authority for the specific Infrastructure and Recreational projects as outlined in Document 5.

 

                                                                                                            CARRIED

 

 

2.             2010 Budget Process

 

Processus budgÉtaire de 2010

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.   Receive this report for information;

 

2.   Approve that Standing Committee Chairs be allocated funds of up to $10,000 each to be used to hire an independent resource to assist each Standing Committee in the challenge function of their Budget Review; and

 

That the funds required for this be transferred from the Mayor’s Budget to the Elected Officials’ Administrative Budget, with the contracts and invoicing to be administered by the Clerk’s Office;

 

3.   Approve that the Standing Committee Draft Budgets be prepared on the basis of no new needs, with the new needs indicated separately with a full rationale provided, to be considered as part of the Standing Committee Budget Review; and

 

That the Ottawa Public Library Board and the Ottawa Police Services Board be requested to submit their budgets with regard to these guidelines; and

 

4.   Approve that the Service Excellence and management efficiency plans be presented in context with the 2010 Draft Standing Committee Budgets.

 

 

MOTION NO. 74/2

 

Moved by Councillor D. Deans

Seconded by Councillor M. Bellemare

 

BE IT RESOLVED THAT Recommendation 2 be deleted.

 

                                                                                                CARRIED

 

Item 2 of Audit, Budget and Finance Committee Report 2 was then put to Council and CARRIED as amended by Motion No. 74/2.

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 44A

 

 

1.          CONTINUATION OF FUNDING TO COMMUNITY AGENCIES

 

MAINTIEN DU FINANCEMENT D’ORGANISMES COMMUNAUTAIRES

 

 

Committee Recommendation

 

That Council approve the continuation of $3.19 million in funding to community agencies.

 

                                                                                                            CARRIED

 

 

 

2.          RENT BANK

 

BANQUE D’AIDE AU LOYER

 

 

 

Committee RecommendationS

 

That Council approve:

 

1.         Authorize the Manager of the City’s Policy, Evaluation and Community Partnerships Branch to receive rent bank program funding from the Minister of Municipal Affairs and Housing, to administer a rent bank program in accordance with the 2009 Rent Bank Agreement and the rules thereof, and to negotiate and execute a service agreement with a local not-for-profit corporation to operate a rent bank program in accordance with the requirements of the 2009 Rent Bank Agreement. 

2.         Authorize all payments of rent bank program funding on a grant basis and in accordance with Provincial Rules set out in the agreement.

 

                                                                                                            CARRIED

 

 

 

3.          NEW FIRE SERVICES ESTABLISHING BY-LAW

 

NOUVEAU RÈGLEMENT INSTAURANT LE SERVICE DES INCENDIE D’OTTAWA

 

 

 

Committee RecommendationS

 

That Council approve the Establishing By-law for Ottawa Fire Services, attached as Document 1, including the following elements:

a)      Formally establishes the Ottawa Fire Services

b)     Sets the policy framework and reporting mechanisms for Ottawa Fire Services

c)      Authorizes the Fire Chief to take appropriate actions to protect and preserve life and property

d)     Authorizes the Ottawa Fire Services to leave the limits of the municipality with respect to a fire or emergency under specific circumstances

 

                                                                                                            CARRIED

 

 

 

4.          OTTAWA FIRE SERVICE- 2008 ANNUAL REPORT

 

RAPPORT ANNUEL DE 2008 - SERVICE DES INCENDIES D'OTTAWA

 

 

Committee Recommendation

 

That Council receive this report for information.

 

                                                                                                            RECIEVED

 

 

WITHDRAWN 


5.          2010 VEHICLE GROWTH – ANNUAL REPORT

 

AUGMENTATION DES DEMANDES DE VÉHICULES DE 2010

 

 

Committee Recommendation

 

That Council receive this report for information.

 

 

 

6.          REGULATORY MECHANISMS TO ENSURE CANADIANS ARE PROTECTED FROM UNNECESSARILY HIGH LEVELS OF SALT IN DIETS

 

MÉCANISMES DE RÉGLEMENTATION AFIN D’ASSURER QUE LES CANADIENS SONT PROTÉGÉS CONTRE DES QUANTITÉS DE SEL INUTILEMENT ÉLEVÉES DANS LEUR RÉGIME ALIMENTAIRE  

 

 

Committee Recommendation

 

That the Council of the City of Ottawa, acting as the Board of Health, urge the federal government to review, on an urgent basis, regulatory mechanisms to ensure that Canadians are protected from the unwitting exposure to unnecessarily high levels of salt in their diets. 

                                                                                                            CARRIED

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 45

 

 

 

1.          PRESENTATION – H1N1 VIRUS UPDATE

 

PRÉSENTATION – RAPPORT DE SITUATION VIRUS H1N1

 

 

Committee Recommendation

 

That Council receive an expanded presentation on the City of Ottawa’s H1N1 preparedness plan.

 

 

MOTION NO. 74/3

 

Moved by Councillor S. Qadri

Seconded by Councillor E. El-Chantiry

 

That the text of Councillor Deans’ presentation be included in the Minutes.

 

                                                                                                CARRIED

 

Mr. Mayor, Members of Council, residents and employees of the City of Ottawa;

 

On September 2nd, Mr. Mayor, you requested that I, as chair of the Community and Protective Services Committee, lead a review of the City’s pandemic readiness in order to ensure the necessary tools and resources are in place to help the City manage its responsibilities during the flu season and beyond.  I want to commend you for giving me this task because I do believe that injecting a little political oversight into the planning has been helpful.

 

I am here this morning to report to you that I believe, given the current situation and the information available to us, that the City of Ottawa is prepared as it can be and ready to confront the challenging flu season anticipated this fall.  Quite simply, given what we know about this flu, the City of Ottawa has the necessary partnerships, tools and resources in place to deal with the continuing H1N1 flu outbreak.

 

As you will recall, in May of this year, Ottawa had its first laboratory-confirmed case of H1N1. To date, 367 Ottawa residents have tested positive for the pH1N1 flu virus, and 70 required hospital care.  Sadly, five people with underlying medical conditions have succumbed to the virus.

 

We cannot say for certain what this fall will bring, but we, along with the rest of the country and world, now expect a second wave of H1N1 to soon emerge.  We confront a fall flu season annually, but this year with the added concern with H1N1 we expect the coming weeks to be especially challenging.

 

As part of my review, I met with the Deputy City Manager Steve Kanellakos, the City’s Medical Officer of Health, Dr. Isra Levy; John Ash, the Chief of the Integrated Public Safety Branch; and the City’s Director of Human Resources, Catherine Frederick.  I thank them for their cooperation and willingness to accept many of my suggestions.  I also had the opportunity to speak with Ontario’s Chief Medical Officer of Health, Dr. Arlene King, who was in Ottawa two weeks ago to meet with the City’s public health staff.

 

As you would expect Mr. Mayor, my review focused on the two roles this Council plays with respect to this serious public health issue:

 

  1. As the Board of Health for citizens of the City of Ottawa; and,
  2. As a service delivery organization and employer.

 

On both fronts, as I’ve already said, we are as ready as we can be.

 

First, as we head into the fall, we have a best-practice Pandemic Plan and we already have some experience with H1N1.

 

Our plans are based on the most up-to-date scientific information and best practises available.  They integrate with the Ontario Health Pandemic Influenza Plan and the larger national and international plans.

 

These plans are adaptable, should the situation change or evolve.  In fact, these plans have been years in the making: in 2005, the City and its partners developed Ottawa’s Interagency Influenza Pandemic Plan, which is now considered a best practise in the field of emergency response.  This plan, updated in 2008 and designed to guide the City’s response to a pandemic, brings together numerous community agencies working in partnership to optimize our response, and solidify the delivery of complementary services.  I’m pleased to say this plan – this partnership – is working well.  Together, we have been able to conduct efficient surveillance, effectively monitoring the spread of H1N1 in our community.

 

We have also been able to communicate and work effectively with community physicians, school boards, summer camp operators, long-term care providers, hospitals, community health and resource centres, day cares, and other stakeholders and workplaces in our city.

 

The City’s Integrated Public Safety Branch is helping to facilitate a coordinated effort with all departments in developing corporate business continuity plans to ensure the work of the City continues even if our employees fall ill.  Weekly planning and coordination meetings are also occurring to ensure our resources are coordinated with our partners.

 

In all, these plans are the backbone of our response to the possible H1N1 outbreak anticipated this fall.  However, rest assured they are not our only line of defence.  Since the summer, Ottawa Public Heath has been planning for the delivery and distribution of the H1N1 vaccine – which is expected to be available by late November.

 

Like any influenza vaccine, the development process for the H1N1 vaccine is highly regulated and Dr. Levy is confident the regulatory processes in place – including safety trials – will result in a safe, effective, high-quality vaccine.

 

Mr. Mayor, I have been assured there will be enough vaccines for everyone who wants to be immunized, and we encourage our citizens to do so.

 

The initial vaccine distribution will be on a graduated basis, starting with key groups like those with existing health problems that are at a greater risk of developing complications.  

 

One question that arose during my review was whether the City should stockpile antiviral medications. I have spoken at length to Dr. Levy regarding this matter and he has assured me that the provincial stockpile program is designed to make antivirals available to all who would need them based on clinical and scientific guidelines, within the necessary timelines.  Dr. Levy and Dr. King both believe this is the best approach.

 

Of course, as vital as our planning and coordination efforts are, I think it is just as vital that every Ottawa resident understands the role they play in fighting the flu.  While we wait for a safe and tested vaccine to be delivered later this fall, there are some simple and important steps we all can take:

 

 

If soap and water aren’t readily available, use a hand sanitizer.  I know many of us already carry little hand sanitizer bottles in our purses or briefcases: we need to use them!

 

The best advice we have is:

 

 

These are all small steps, but if we all do our part, we can ensure Ottawa stays healthy this fall.

Now, Mr. Mayor, I mentioned earlier that my review focused on the two roles this Council plays: the second relates to the City’s role as a service delivery organization and a major employer in Ottawa.

 

As part of our efforts to ensure our employees remain healthy this fall, the City has developed an internal communications campaign designed to deliver key messages to staff, through posters, emails and postings on the City’s intranet site, Ozone.

 

If you will direct your attention to the screen you will see one new feature aimed at our employees. As of noon today, every time City of Ottawa employees log on to their system they will see this message on their screen reinforcing the key steps to fighting the flu.

 

As you may already have noticed, hand sanitizer dispensers are being installed in busy, public City buildings like libraries, community centers, and here at City Hall. OC Transpo is considering how to install these devices at transit stations.

 

There are always operational issues that must be overcome when rolling out a plan like this and staff and management are working to solve those issues. In addressing contingencies, the City is also consulting with the various bargaining units that represent our employees and these discussions will continue as circumstances evolve.

 

In closing, Mr. Mayor, I want to thank you for giving me the opportunity to conduct this review of the City’s pandemic preparedness plans.  It has been a tremendously encouraging experience.  As I said earlier, we don’t know for sure how serious the expected H1N1 outbreak will be this fall.  However, the City of Ottawa is ready as it can be, the necessary plans in place and actions continue to be taken to reduce the impact of this virus on our community.

 

But, Mr. Mayor, I cannot stress enough, that fighting the flu this fall is a responsibility not just of the City, but of every resident and business here in Ottawa.  We all need to do our part: residents need to take the necessary preventative steps; business needs to develop their own, internal plans.

 

I know we can do it.  Our community is resilient.  We have faced tough challenges before and we will do so again this fall.

 

Thank you.

 

 

Item 1 of Community and Protective Services Committee Report 45 was then put to Council and RECEIVED.

 

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 45A (IN CAMERA)

 

 

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

 

DEMANDE D'ATTRIBUTION DE NOM COMMÉMORATIF -  TERRAIN DE FOOTBALL - À HUIS CLOS - QUESTIONS PERSONNELLES CONCERNANT UNE PERSONNE IDENTIFIABLE. DATE DE RAPPORT : A LA SUITE DE L’APPROBATION DU CONSEIL

 

 

Committee Recommendation

 

That Council approve the commemorative naming proposal to name the main football field at South Nepean Park located at 700 Longfields Drive Bob Stephen Football Field.

 

                                                                                                            CARRIED

 

 

2.            OTTAWA-COMMUNITY ICE PARTNERS (OCIP) - P3 2009/2010 OPERATING SAVINGS - IN CAMERA - THE SECURITY OF THE PROPERTY OF THE CITY, THE RECEIVING OF ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE.  REPORTING OUT DATE: UPON COUNCIL APPROVAL

 

OTTAWA COMMUNITY ICE PARTNERS (OCIP) – PPP 2009-2010 ÉCONOMIES D’EXPLOITATION – À HUIS CLOS – LA SÉCURITÉ DE LA PROPRIÉTÉ DE LA VILLE, LES CONSEILS QUI SONT PROTÉGÉS PAR LE PRIVILÈGE DU SECRET PROFESSIONNEL DE L'AVOCAT, Y COMPRIS LES COMMUNICATIONS NÉCESSAIRES À CETTE FIN.  DATE DE DIFFUSION : SUR APPROBATION PAR LE CONSEIL

 
 
Committee RecommendationS

 

That Council delegate authority to the Deputy City Manager of Operations to amend the Master Project Agreement between the City and Ottawa Community Ice Partners (“OCIP”) as follows:

a)                  Amending the Addendum to the Master Project Agreement to provide that the City shall not be required to pay OCIP the final $600,000 payable to OCIP pursuant to the terms of such Addendum.

b)                 Reducing the Life Cycle Reserve Fund (LCRF) by a total of $600,000 over a four-year period. 

c)                  Adjusting OCIP’s repayment to the City of the City's contribution to the Operating Reserve Fund to $300,000 in 2013, $100,000 in 2014, $300,000 in 2018 and $300,000 in 2019, subject to OCIP achieving its projected financial results over that period.

                                                                                                CARRIED

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 56A

 

 

1.             Proposed REGULATIONS UNDER THE GREEN ENERGY AND GREEN ECONOMY ACT, 2009

 

RÉGLEMENTATION PROPOSÉE EN VERTU DE LA LOI DE 2009 SUR L’ÉNERGIE VERTE ET L’ÉCONOMIE VERTE

 

 

Agriculture and Rural Affairs Committee and Planning and Environment Committee recommendation

 

That Council endorse the staff comments on the proposed regulation for Renewable Energy approvals under the Environmental Protection Act as outlined in Document 1.

                                                                                                  CARRIED

 

 

2.                   ZONING - 2781, 2791, 2797 BASELINE ROAD AND 2704, 2706, 2724, 2734 DRAPER AVENUE

 

ZONAGE - 2781, 2791, 2797, CHEMIN BASELINE ET 2704, 2706, 2724, 2734, AVENUE DRAPER

 

 

Committee recommendation as amended

 

(This application is subject to Bill 51)

 

That Council consider the report.

 

MOTION NO. 74/4

 

Moved by Councillor R. Bloess

Seconded by Councillor C. Leadman

 

BE IT RESOLVED THAT Council approve the report recommendation being:

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2781, 2791, 2797 Baseline Road and 2704, 2706, 2724, 2734 Draper Avenue from Residential Fourth Density Zone (R4N) to Residential Fifth Density Exception Holding Zone (R5A[1700]S247-h) as shown in Document 1 and as detailed in Document 3.

 

MOTION NO. 74/5

 

Moved by Councillor C. Doucet

Seconded by Councillor D. Holmes

 

BE IT RESOLVED THAT the motion previously supported at the Planning and Environment Committee to reduce the 12 and 8 story buildings to 6 stories, be approved at Council.

 

LOST on a division of 5 YEAS to 16 NAYS as follows:

 

YEAS (5):       Councillors C. Doucet, M. Bellemare, P. Feltmate, D. Holmes and A. Cullen.

 

NAYS (16):    Councillors C. Leadman, R. Jellett, R. Bloess, B. Monette, D. Thompson, M. McRae, R. Chiarelli, G. Brooks, J. Legendre, G. Bédard, S. Qadri, P. Hume, M. Wilkinson, E. El-Chantiry, D. Deans and Mayor O’Brien.

 

 

MOTION NO. 74/6

 

Moved by Councillor R. Chiarelli

Seconded by Councillor E. El-Chantiry

 

WHEREAS on September 8, 2009 Report - Reference No. ACS2009-ICS-PGM-0129 was considered by Planning and Environment Committee and the matter lost on a tie vote;
 
THEREFORE BE IT RESOLVED THAT Motion No. 74/4 be modified as follows:
 
1.         A new detail is added to permit one block of a maximum 10,000 square feet of convenience commercial uses to be located on the ground floor of any building located within Area f, e, and g on Schedule 247 with no tenancy permitted to occupy more than 2500 sq ft and such uses being oriented to Baseline or to area A as shown on Schedule 247.  For purposes of this zone, small scale commercial uses includes small scale retail, personal service, small scale restaurant and convenience store uses;
 
2.         A new detail is added to permit small scale office uses limited to a location of the second floor of any building in areas F, G And E as shown on Schedule 247 with the total cumulative area for such use being limited to 10,000 sq ft and no single tenancy occupying more than 1,000 sq ft.;
 
3.         Modifying detail 2.7 to require in addition to obtaining Site Plan approval prior to the lifting of the holding zone, to require the applicant to offer to displaced tenants, a buy-back option as was provided by the applicant to tenants in the Leslie Park development;
 
That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                            CARRIED

 

Motion No. 74/4 as amended by Motion No. 74/6 was then put to Council and CARRIED on a division of 16 YEAS to 5 NAYS as follows:

 

YEAS (16):     Councillors C. Leadman, R. Jellett, R. Bloess, B. Monette, C. Doucet, D. Thompson, M. McRae, M. Bellemare, J. Legendre, S. Qadri, D. Holmes, P. Hume, M. Wilkinson, E. El-Chantiry, D. Deans and Mayor O’Brien.

 

NAYS (5):      Councillors R. Chiarelli, G. Brooks, G. Bédard, P. Feltmate and A. Cullen.

 

 

 

3.             ZONING - 1032 BASELINE ROAD

 

ZONAGE - 1032, CHEMIN BASELINE

 

 

(This application is subject to Bill 51)

 

Committee recommendation

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of a portion of the lands at 1032 Baseline Road from “I1B – Minor Institutional Zone” to “AM – Arterial Main Street Zone”, as shown in Document 1.

                                                                                                  CARRIED

 

 

 

 

4.             SIGN VARIANCES FOR BILLBOARD RENEWALS - 1724 WOODWARD DRIVE, 3040/3041 HAWTHORNE ROAD AND 419 COVENTRY ROAD

 

DÉROGATIONS MINEURES POUR LE RENOUVELLEMENT DE PANNEAUX D’AFFICHAGE – 1724, PROMENADE WOODWARD, 3040/3041, CHEMIN HAWTHORNE ET 419, CHEMIN COVENTRY

 

 

Committee recommendationS

 

1.         That Council approve the applications for minor variances from Sign By-law 2005-439, to allow billboard signs in a District 2 zone to permit renewals for billboard signs at the following locations, as shown on Document 3 and 4, respectively:

o          1724 Woodward Drive

o          419 Coventry Road.

 

2.         That Council approve minor variances to allow billboard signs in a District 2 zone, to reduce the required setbacks between billboard signs and to permit renewals for billboard signs at the following location, as shown on Document 5:

·                     3040/3041 Hawthorne Road.

 

                                                                                                  CARRIED

 

 

 

WITHDRAWN5.             2010 VEHICLE GROWTH –ANNUAL REPORT

 

AUGMENTATION DES DEMANDES DE VÉHICULES DE 2010

 

 

Committee recommendation

 

That Council receive the 2010 vehicle growth report for information.

 

 

 

6.             ORVILLE STATION:  APPEALS TO ONTARIO MUNICIPAL BOARD – MINOR VARIANCES

 

          station orville : appels à la commission des affaires municipales de l’ontario – dérogations mineures

 

 

Committee recommendation as amended

 

That Council consider the report.

 

MOTION NO. 74/7

 

Moved by Councillor S. Qadri

Seconded by Councillor E. El-Chantiry

 

THEREFORE BE IT RESOLVED THAT Council approve the Report Recommendation for Staff Report ACS2009-CMR-LEG-0021, which states as follows:

 

That Council approve the filing of appeals to the Ontario Municipal Board under subsection 45(1) of the Planning Act with respect to the approval of minor variances and consents being granted by the Committee of Adjustment to the addresses known as 1531-1541 Stittsville Main Street and 4 Orville Street.

 

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

 

YEAS (13):     Councillors B. Monette, D. Thompson, M. McRae, M. Bellemare, R. Chiarelli, G. Brooks, S. Qadri, P. Hume, M. Wilkinson, El El-Chantiry, D. Deans, A. Cullen and Mayor O’Brien.

 

NAYS (8):      Councillors C. Leadman, R Jellett, R. Bloess, C. Doucet, J. Legendre, G. Bédard, P. Feltmate and D. Holmes.

 

Item 6 of Planning and Environment Committee Report 56A was then put to Council and CARRIED as amended by Motion No. 74/7.

 

 

7.             By-law 2008-250, Legal, Non-Conforming Uses, Motion for Leave to Appeal

 

Règlement 2008-250, utilisations légales dérogatoires, motion en autorisation d’appel

 

 

Committee recommendation

 

That Council confirm the seeking of leave to appeal by the City Clerk and Solicitor in respect of the decision of the Ontario Municipal Board concerning Section 3 of By-law 2008-250.

 

                                                                                                CARRIED

 

 

 

 

8.             Hold on building on lands drained by the Carp River or its tributaries within the urban area

 

suspension des constructions sur les terrains irrigués par la rivière Carp ou ses affluents dans le secteur urbain

 

 

Committee recommendationS as amended

 

That Council approve the following:

 

1.         Staff be directed to run the modeling for water levels in the Carp River with data updated to reflect the storm of July 24, 2009 and the super-saturated soil conditions and assess whether this new data is consistent with expectations produced by the model under such conditions;

2.         Staff report back to Planning and Environment Committee on October 13, 2009 on the results of running the model with the updated data;

3.         Until the modeling for water levels in the Carp River has run with updated data to reflect the storm of July 24, 2009 and a report has been made to Planning and Environment Committee, the City of Ottawa shall prevent building from proceeding in Kanata West and Fernbank lands which drain to the Carp River or its tributaries where it has the legal means to do so;

4.         Notwithstanding the recommendation in point 3 of this motion, construction of Federal/Provincial/Municipal Infrastructure Stimulus Projects where the deadline for completion is March, 2011, or development lands needed to support stimulus projects be permitted to proceed as well as facilities required for emergency services;

5.         Staff confirm in writing to Council whether or not any new development on previously registered lands is permitted to proceed on the basis of stormwater standards in place prior to the standards that were approved in November 2004;

6.         Where a draft approved plan of subdivision, which has yet to proceed to registration, would permit development on stormwater standards in place prior to November 2004, staff are directed to amend the conditions of approval to require that the new standards be utilized;

7.         Where a registered but undeveloped plan of subdivision, would permit development on stormwater standards in place prior to November 2004, staff shall advise Council in writing prior to the issuance of a Commence Work Notice; and

8.                  The planned third party review of the investigation into the flooding of July 24, 2009 be conducted by a firm that has not acted for any developer in any previous work on stormwater management with respect to lands drained by the Carp River or have links to another firm that has so acted.

 

Item 8 of Planning and Environment Committee Report 56A was put to Council and the Recommendations were divided for voting purposes.

 

Recommendations 1and 2 CARRIED.

 

Recommendation 3 LOST on a division of 6 YEAS to 10 NAYS as follows:

 

YEAS (6):       Councillors C. Doucet, M. Bellemare, J. Legendre, P. Feltmate, D. Holmes and A. Cullen.

 

NAYS (10):    Councillor R. Jellett, R. Bloess, B. Monette, G. Brooks, G. Bédard, S. Qadri, M. Wilkinson, E. El-Chantiry, D. Deans and Mayor O’Brien.

 

Recommendation 3 having lost, Recommendation 4 was ruled REDUNDANT.

 

Recommendations 5, 6, 7 and 8 CARRIED.

 

 

9.             Pool Enclosure By-law 2001-259 – LOCKABLE GATES

 

règlement sur les enceintes de piscine 2001-259 – barrières munies d’un verrou

 

 

Committee recommendationS as amended

 

1.         That Council amend the Pool Enclosure By-law 2001-259 to require that all pool enclosure gates that adjoin any publicly used space, such as a City park, golf course, or backing on a street, be lockable and locked at all time, except when the gate is being used for access to or egress from the subject property by the property owner, or by individuals having the property owner’s consent to enter or leave the property;

 

2.         That the amendment to the Pool Enclosure By-law 2001-259 take effect September 23, 2009 to provide for effective implementation and notice to prospective applicants; and,

 

3.         That the Building Code Services Branch be directed to undertake a review of the by-law in 2010 to determine the feasibility of applying these new standards retroactively, from a legal, resource availability and community support perspectives and report back to Council in early 2011 with the results of the review.

 

MOTION NO. 74/8

 

Moved by Councillor J. Legendre

Seconded by Councillor D. Deans

 

BE IT RESOLVED THAT Council approve Recommendation 1 of the staff report ACS2009-CCS-PEC-0019, which states as follows:

 

“1. That Council amend the Pool Enclosure By-law 2001-259 to require that all pool enclosure gates be lockable and locked at all times, except when the gate is being used for access or egress from the subject property by the property owner, or by individuals having the property owner’s consent to enter or leave the property;”

 

LOST on a division of 5 YEAS to 11 NAYS as follows:

 

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

 

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

 

Item 9 of Planning and Environment Committee Report 56A was then put to Council and CARRIED.

 

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 57

 

 

1.                   LONGFIELDS DRIVE LAND AND CONSTRUCTION, SOUTHWEST TRANSITWAY LAND AND CONSTRUCTION AND NEPEAN SOUTH STORMWATER PONDS

 

TERRAINS ET CONSTRUCTION DE LA PROMENADE LONGFIELDS, TERRAINS ET CONSTRUCTION DU TRANSITWAY DIRECTION SUD-OUEST ET ÉTANGS D’EAUX PLUVIALES DE NEPEAN SUD

 

 

Committee recommendations

 

That Council approve that:

 

1.         The City Clerk and Solicitor be directed to seek a modification to By-law 2009-219 to provide for the exclusion of the area highlighted on Document 1 to this report.

 

2.         The City reimburse South Nepean Development Corporation (“SNDC”) the cost incurred by SNDC for the Chapman Mills Stormwater Pond and associated works to date, such amounts estimated to be $3,178,577.

 

3.         The City further reimburse SNDC in respect of lands owned by the City in the Nepean South Stormwater Area on the basis of the development charges imposed by 2009-219 in respect of completed works for the Chapman Mills Pond and development charge eligible trunk stormwater facilities such reimbursement estimated to be $1.4 million and to occur at the earlier of:

 

a.   The sale of such lands by the City; and

b.   The development of such lands.

 

4.           A front-ending agreement with SNDC for the balance of the works, such agreement to be in a form satisfactory to the General Manager, Planning and Growth Management and the City Clerk and Solicitor and to include reimbursement to the City for SNDC’s share of the transitway storm sewer works, be finalized and executed.

 

5.         The City, subject to satisfactory evidence of costs incurred, reimburse SNDC:

 

a.   An amount not to exceed $600,000 in respect of the construction of Longfields between Markplace Boulevard and Strandherd Drive;

b.   $181,815 in respect of the environmental assessment for Longfields from Strandherd Drive to the Jock River.

 

6.         That in return for the remaining portion of Longfields Drive and lands for the South-West Transitway and supporting easements for the South-West Transitway. the lands required for the remaining part of the Chapman Mills pond shall be made available to SNDC for $1

 

7.         The provisions of the Notice By-law with respect to notice of budget amendments be waived.

 

                                                                                                  CARRIED

 

 

 

Motion to Adopt Reports

 
MOTION NO. 74/9

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

That the City Clerk and Solicitor’s report “Status Update – Council Inquires and Motions for the Period ending 9 September 2009”, Audit, Budget and Finance Committee Report 2, Community and Protective Services Committee Reports 44A, 45 and 45A (In Camera), and Planning and Environment Committee Reports 56A and 57 be received and adopted as amended.

 

                                                                                                            CARRIED

 

Motions of Which Notice has Been Given Previously

 

MOTION NO. 74/10

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

WHEREAS the property owners of 2714 Pagé Road took out a demolition permit in 2008; and

 

WHEREAS the property owners were unaware of the dates to apply for a property value reduction for their 2008 property tax assessment before the February 28, 2009 deadline; and

 

WHEREAS the application deadlines are defined in the Municipal Act; 2001; and

 

WHEREAS the residents of 2714 Pagé Road have applied and will be eligible for an assessment reduction in 2009;

 

THEREFORE BE IT RESOLVED that, once the value of the 2009 assessment reduction has been established, a one-time grant be provided to the owners of 2714 Pagé Road in the amount of the 2008 property tax reduction that would have been applicable had the appeal been filed in time for 2008, to be calculated proportionally based on the amount of the 2009 assessment reduction, to an upset limit of $1730.

 

LOST on a division of 3 YEAS to 14 NAYS as follows:

 

YEAS (3):       Councillors R. Bloess, B. Monette and S. Qadri.

 

NAYS (14):    Councillors C. Leadman, R. Jellett, D. Thompson, M. McRae, M. Bellemare, J. Legendre, G. Bédard, P. Feltmate, D. Holmes, M. Wilkinson, E. El-Chantiry, D. Deans, A. Cullen and Mayor O’Brien.

 

Motions Requiring Suspension of the Rules of Procedure

 
MOTION NO. 74/11

 

Moved by Councillor R. Jellett

Seconded by Councillor S. Desroches

 

That Council suspend the Rules of Procedure to consider the following Motion at its meeting of September 23, 2009, because the Province of Ontario requires execution of the Stimulus Funding Agreement by September 26, 2009.

 

WHEREAS in anticipation of the Federal and Provincial Governments providing funding to municipalities by way of their economic stimulus funding packages City Council on April 8, 2009 approved a priority list of ready-to-go infrastructure projects (“the Projects”);

 

AND WHEREAS the Province of Ontario has provided to the City of Ottawa, for execution, an Agreement for the funding of the City of Ottawa’s Projects, in amounts listed in that Agreement (the “Funding Agreement”);

 

AND WHEREAS the Province requires that the City execute the Funding Agreement by September 26, 2009;

 

THEREFORE BE IT RESOLVED THAT

 

1.                  City Council approve the Funding Agreement for execution; and

 

2.                  The Mayor and Leslie Donnelly, Deputy City Clerk, be authorized to execute the Funding Agreement on behalf of the City of Ottawa.

 

                                                                                                            CARRIED

 

 

Notices of Motion (For Consideration at Subsequent Meeting)

 

MOTION

 

Moved by Councillor P. Hume

Seconded by Councillor A. Cullen

 

WHEREAS Gerald Levitz, FCA has, for personal reasons, resigned from the Board of Directors of Hydro Ottawa Holding Inc. and as Chair and member of the Audit Committee for the company;

 

AND WHEREAS Manon Harvey, CA – a member of the Board of Directors of Hydro Ottawa Limited – previously served as a member of the Board of Directors of  Hydro Ottawa Holding Inc. between November 2004 and June 2006, has extensive knowledge of the of the corporation and its subsidiaries, meets all of the criteria for appointment to the Board of Directors set out in the Shareholder Declaration and will provide a continuity of knowledge and experience among the membership of the Board of Directors;

 

AND WHEREAS the Chair of the Board of Directors, in consultation with the Board of Directors of Hydro Ottawa Holding Inc., has recommended the appointment of Manon Harvey;

 

AND WHEREAS, Manon Harvey, CA has indicated that she is prepared to serve on the Board of Directors of Hydro Ottawa Holding Inc.;

 

BE IT RESOLVED:

 

That Council approve the election of Manon Harvey, CA to serve as a director of Hydro Ottawa Holding Inc. effective September 23, 2009 for a term concluding on June 30, 2012.

 

MOTION

 

Moved by Councillor S. Qadri

Seconded by Councillor G. Brooks

 

WHEREAS on July 24th, 2009 serious flooding occurred in Kanata and Stittsville and resulted in over 800 residences being damaged by water and sewage;

 

AND WHEREAS previous flooding has also occurred in other area of Ottawa, including Orléans in 2006;

 

AND WHEREAS the City of Ottawa has previously spent over $7 million in remedial measures to prevent further flooding in the Glen Cairn area and these measures failed;

 

AND WHEREAS the Glen Cairn community is partially built in an environmentally sensitive area, flood plain of the Carp River and as other city development continues to occur in environmentally sensitive/risky areas;

 

AND WHEREAS in 2007 the Office of the Auditor General completed an Audit of Carp River Watershed Study and Related Projects, which included an in-camera report on the Glen Cairn Channelization;

 

THEREFORE BE IT RESOLVED that the Auditor General be requested to consider modifying his 2010 Audit Plan to include an Audit of the City of Ottawa’s Development Review Process, both currently and for the developments that drain into the Carp River, in relation to approval of water, wastewater and stormwater servicing, and an Audit of the City of Ottawa’s ongoing operations and maintenance practices in relation to protecting the water environment.

 

AND THEREFORE BE IT RESOLVED that, further, this audit include a review of the remedial measures regarding Glen Cairn, both already undertaken and planned for the future, and that prior to tabling his report with Council he review his findings with the City Clerk and Solicitor for advice on which findings can be delivered in open session and those which should be delivered in camera.

 

MOTION

 

Moved by Councillor P. Hume

Seconded by Councillor D. Holmes

 

WHEREAS the game of hockey has played and continues to play a unique and significant role in the athletic and social history and fabric of our nation, inspiring millions with passion, and symbolizing much of what is truly Canadian; and

 

WHEREAS the universally acknowledged symbol of the achievement of hockey supremacy is the Stanley Cup; and

 

WHEREAS this icon was established by the donation of Frederick Arthur Stanley (1st Baron Stanley and 16th Earl of Derby), Canada’s sixth Governor General, in March 1892, and announced at the Russell Hotel in the City of Ottawa, to be “a challenge cup which shall be held from year to year by the champion hockey team of the Dominion”; and

 

WHEREAS it would be appropriate to honour and celebrate Lord Stanley’s gift to the game, to create a commemoration expressing Canadians’ shared pride in our hockey history, enhance the City of Ottawa’s urban fabric through such a commemoration, and create an educational and entertainment experience for visitors at the commemoration site; and

 

WHEREAS a volunteer committee of Ottawa citizens has convened for the purpose of achieving the aforesaid objective of establishing an appropriate commemoration; and

 

WHEREAS the Stanley Cup Commemoration Committee is seeking a simple endorsement of the Committee’s efforts to establish an appropriate commemoration for Lord Stanley’s Cup;

 

THEREFORE BE IT RESOLVED that City Council endorse the establishment of an appropriate commemoration for Lord Stanley’s Cup, and recognize and support the objectives of the Stanley Cup Commemoration Committee; and

 

BE IT FURTHER RESOLVED that City staff be directed to provide advice and assistance to the Stanley Cup Commemoration Committee within the general scope of the City’s resident expertise, existing budget, and normal processes.

 

MOTION

 

Moved by Councillor R. Bloess

Seconded by Councillor B. Monette

 

WHEREAS Crime Stoppers of Ottawa has requested to buy an ambulance from the City of Ottawa;

 

AND WHEREAS Crime Stoppers has committed to use the the ambulance for the benefit of the citizens of Ottawa;

 

THEREFORE BE IT RESOLVED that Council approve the sale of an un-stocked, decommissioned ambulance for the amount of $6,500.00 to Crime Stoppers of Ottawa, on the condition that Crime Stoppers will take full legal responsibility for the ambulance once it is in their possession, as well as any costs associated with the transition.

 

 

By-laws                                                                                                           Three Readings

 
MOTION NO. 74/12

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

That the following by-laws be enacted and passed:

 

2009-319                  A by-law of the City of Ottawa to establish and regulate Ottawa Fire Services.

 

2009-320                  A by-law of the City of Ottawa regarding pre-consultation on development applications.

 

2009-321                  A by-law of the City of Ottawa to amend the Procedure By-law (By-law No. 2006-462).

 

2009-322                  A by-law of the City of Ottawa to authorize the entering into of an agreement with the Province of Ontario relating to funding provided by the Province of Ontario to the City under the Federal/Provincial Infrastructure Stimulus Funding Program.

 

2009-323                  A by-law of the City of Ottawa to establish the position and duties of Auditor General of the City of Ottawa, including statutory powers, and to repeal By-law No. 2005-84, as amended.

 

2009-324                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Stanmore Street).

 

2009-325                  A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Sieveright Avenue).

 

2009-326                  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 part of the property known municipally as 1032 Baseline Road.

 

2009-327                  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 475 Terry Fox Drive and to repeal By-law No. 2009-291.

 

2009-328                  A by-law of the City of Ottawa to designate certain lands at Bridgestone Drive and Waymark Crescent as being exempt from Part Lot Control.

 

2009-329                  A by-law of the City of Ottawa to designate certain lands at 900 to 946 Burwash Landing Bay and 1020, 1022 and 1024 Marconi Avenue as being exempt from Part Lot Control.

 

2009-330                  A by-law of the City of Ottawa to amend By-law No. 2001-10 to appoint certain Livestock Valuers for the City of Ottawa.

 

2009-331                  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.

 

2009-332                  A by-law of the City of Ottawa to stop up and close part of Jasper Avenue on Registered Plan 322.

 

2009-333                  A by-law of the City of Ottawa to amend By-law No. 2001-259 respecting the enclosure for privately-owned outdoor pools.

 

2009-334                  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 2305 Page Road and to repeal By-law No. 2009-289.

 

 

Confirmation By-law

 

MOTION NO. 74/13

 

Moved by Councillor B. Monette

Seconded by Councillor G. Bédard

 

THAT By-law 2009-335 to confirm the proceedings of Council be enacted and passed.

 

                                                                                                            CARRIED

 

Inquiries

 

From Councillor J. Legendre with respect to briefings to Council.

 

 

Adjournment 

 

Council adjourned the meeting at 4:10 p.m. with the following Members present:

 

Councillors C. Leadman, R. Jellett, R. Bloess, B. Monette, D. Thompson, M. McRae, M. Bellemare, J. Legendre, G. Bédard, P. Feltmate, S. Qadri, D. Holmes, M. Wilkinson, E. El‑Chantiry, D. Deans, A. Cullen and Mayor O’Brien.

 

 

 

 

 

 

 

 

 

CITY CLERK

 

MAYOR