25 NOVEMBER
2009
10:00 a.m.
MINUTES 79
The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110
Laurier Avenue West, Ottawa, on 25 November 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 Roshan Karavally.
Announcements/Ceremonial Activities
RECOGNITION - ÉCOLE POLYTECHNIQUE DAY OF REMEMBRANCE IN OTTAWA
The Mayor
declared December 6, 2009 as École Polytechnique Day of Remembrance in the City
of Ottawa. Erin Williams, Executive
Director, Ottawa Coalition to End Violence Against Women and Valerie
Collicott, Women’s Events Network, accepted the framed proclamation from the
Mayor.
RECOGNITION - ANNOUNCEMENT
OF THE CITY OF OTTAWA'S OFFICIAL OLYMPIC TORCHBEARER
Mayor O’Brien announced that Mélissa Brunet, a resident of Blackburn Hamlet and the recipient of the 2009 Citizen of the Year – Youth Award, had been selected as the City of Ottawa’s Official Olympic Torchbearer.
Roll Call
ALL MEMBERS WERE PRESENT EXCEPT
COUNCILLOR C. LEADMAN.
Confirmation of Minutes
The Minutes of the
special meeting of 12, 13 and 16 November 2009 and the regular and In Camera
meetings of 16 and 17 November 2009 were confirmed.
Declarations of interest including those originally arising from prior
meetings
No declarations were received.
Communications
The following communications
were received:
·
Responses
to Inquiries
·
17-09 – Annual Spending on First Aid Training
Regrets
Councillors C. Leadman (City Business) advised she would be absent from
the Council meeting of 25 November 2009.
Motion
to Introduce Reports
Moved by Councillor G. Bédard
Seconded by Councillor S. Desroches
That the report from the Auditor General
entitled “Office of the Auditor General (OAG) - 2008 Annual Report And 2008
Detailed Audit Reports”, be received and tabled.
And that the reports from the
Auditor General entitled “Office of the Auditor General (OAG) 2009 Interim
Follow-Up to the 2008 Audit of the Parking Function” and “Office of the Auditor
General (OAG) - Audit of the Incremental Costs of the Transit Strike
2008-2009”, the report from the City Clerk and
Solicitor entitled “Status Update – Council Inquiries and Motions for the
Period Ending 28 October 2009”, Community and Protective Services
Committee Reports 47 and 47A (In Camera), Planning and Environment
Committee Report 60A, and Transit Committee Report 33 be received and considered;
And That the Rules of Procedure
be suspended to receive and consider Planning and Environment Committee Report
61, because of the urgency of the matters contained therein (specific reasons
for each item set out below).
(Item 1 - if not approved by Council on November 25,
the current temporary use by-law will expire before the new temporary by-law is
passed. Item 2 – because it corrects a
zoning change not intended by Council, and this should be carried out as
quickly as possible.)
CARRIED
City Auditor
General
1. Office of the
Auditor General (OAG) - 2008 Annual Report and 2008 Detailed Audit Reports
bUREAU
DU VÉRIFICATEUR GÉNÉRAL (BVG) - RAPPORT ANNUEL DE 2008 ET RAPPORTS de
vÉrification DÉTAILLÉS 2008
REPORT RECOMMENDATIONS
1. That Council receive and table the 2008 Annual Report and
2008 Detailed Audit Reports from the OAG at its meeting on November 25, 2009,
for referral to the appropriate Standing Committee, and for subsequent
consideration and approval of the audit recommendations by Council at a meeting
in 2010 once budget deliberations have been completed.
2. That Council receive, in-camera, confidential
portions of the Audit of Traffic Operations and the Audit of Moonlighting and
Corporate Risk Issues - Traffic Operations Division, as those portions of information
should not be publicly disclosed in accordance with the Municipal Freedom of
Information and Protection of Privacy Act (MFIPPA).
3. That Council, after consideration and
approval, refer all audit recommendations where management is in disagreement
to the Audit, Budget and Finance (ABF) Committee, including those recommendations where management has
indicated agreement, and where the OAG considers that discussion is still
required at ABF Committee.
MOTION NO. 79/2
Moved by Councillor G. Bédard
Seconded by Councillor S. Desroches
BE IT RESOLVED THAT Council resolve In Camera pursuant to
Procedure By-law 2006-462, 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-and-
client privilege, including communications necessary for that purpose, with
respect to the confidential portions of the Audit of Traffic Operations and the
Audit of Moonlighting and Corporate Risk Issues - Traffic Operations Division
included in the Auditor General’s report - Office of the Auditor General - 2008
Annual Report and 2008 Detailed Audit Reports.
CARRIED
Council resolved In Camera at 12:15 p.m.
IN CAMERA SESSION
Council resumed in open session at 1:55 p.m.
Upon resuming in open session, Mayor O’Brien indicated Council had met In Camera to receive a briefing from the Auditor General and the City Clerk and Solicitor on matters related to the confidential portions of the Audit of Traffic Operations and the Audit of Moonlighting and Corporate Risk Issues - Traffic Operations Division included in the Auditor General’s report - Office of the Auditor General - 2008 Annual Report and 2008 Detailed Audit Reports. There were no votes taken other than to give direction to staff or to deal with procedural matters.
The City Auditor General’s report Office Of The
Auditor General (OAG) - 2008 Annual Report And 2008 Detailed Audit Reports, was then put to
Council and RECEIVED, TABLED and
REFERRED by the following Motion:
Moved by Councillor S. Qadri
Seconded by Councillor J. Harder
THEREFORE BE IT RESOLVED THAT
the Audits be referred to the appropriate Standing Committee for review and
that the City Clerk and Solicitor work with the Auditor General, the City
Manager and Committee Chairs to determine the Committee routing, and inform
Council as soon as the schedule is determined.
CARRIED
2. Office of the
Auditor General (OAG) 2009 Interim Follow-Up to the 2008 Audit of The Parking
Function
BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - SUIVI
INTÉRIMAIRE 2009 DE LA VÉRIFICATION DE LA FONCTION STATIONNEMENT de 2008
REPORT RECOMMENDATIONS
That Council receive the following report: 2009 Interim Follow-up to the 2008 Audit of
the Parking Function.
RECEIVED and REFERRED
by Motion No. 79/3 (See Item 1 above)
3. Office of the
Auditor General (OAG) - Audit of the Incremental Costs of the Transit Strike
2008-2009
BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - VÉRIFICATION DE
L'INCIDENCE FINANCIÈRE DE LA GRÈVE DES TRANSPORTS EN COMMUN 2008-2009
REPORT RECOMMENDATIONS
That Council receive the
following report: Audit of the
Incremental Costs of the Transit Strike 2008-2009.
RECEIVED and REFERRED by Motion No. 79/3 (See Item 1 above)
City Clerk and Solicitor
1. sTATUS UPDATE -
COUNCIL INQUIRIES AND MOTION for the period ending 28 October 2009
That Council receive this report for information.
RECEIVED
COMMUNITY
AND PROTECTIVE SERVICES COMMITTEE REPORT 47
Committee
RecommendationS
That
Council approve the following:
1.
In accordance with the 2009 Action Ottawa Selection
Committee, direct staff to request authorization from Ministry of Municipal
Affairs and Housing to allocate to Holland Properties Association, for the
provision of 18 affordable rental housing units, $700,000 of 2003 Canada-Ontario
Affordable Housing Program funding that was previously allocated to Dovercourt
Housing Co-operative.
2.
Direct Staff to negotiate with Holland Properties
Association a Municipal Housing Project Facilities Agreement to provide for a
grant of $10,000.00 from the City in lieu of building permit fees subject to:
(i) Holland Properties Association executing a contribution agreement with the
Minister of Municipal Affairs and Housing that provides for funding under the
2003 Canada-Ontario Affordable Housing Program for the project, (ii) the
Municipal Housing Facilities By-law (2006-1), and, (iii) Council enacting a
Municipal Housing Project Facilities By-law for this project.
3.
That the City Clerk and Solicitor be authorized to
forward the project specific Municipal Housing Project Facilities by-law
directly to City Council for enactment in accordance with the Municipal Housing
Facilities By-law 2006-1, subject to successful negotiation and execution of
the Municipal Housing Project Facilities Agreement.
CARRIED
2. CRIME
PREVENTION OTTAWA – STRATEGIC PLAN 2010-2012, ACTION REPORT 2008-2009; REPORT
ON THE OUTCOMES OF THE 2008 CPO FUNDED PROJECTS AND REPORT ON CPO FUNDING
ALLOCATIONS 2009 PRÉVENTION DU CRIME OTTAWA – PLAN
STRATÉGIQUE 2010-2012, RAPPORT D’ENQUÊTE 2008-2009; RAPPORT SUR LES RÉSULTATS
DES PROJETS FINANCÉS PAR PCO EN 2008 ET RAPPORT SUR LES ALLOCATIONS DE FONDS
DE PCO DE 2009 |
Committee
RecommendationS
That
Council:
1.
Receive this report for information
2.
Approve a change to the Crime Prevention Ottawa Terms
of Reference increasing the number of members of the Board of Directors from 12
to 13;
CARRIED
COMMUNITY
AND PROTECTIVE SERVICES COMMITTEE REPORT 47A (IN
CAMERA)
1. APPOINTMENT
TO THE CRIME PREVENTION OTTAWA BOARD OF DIRECTORS – IN CAMERA –
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL NOMINATION
AU CONSEIL D’ADMINISTRATION DE PRÉVENTION DU CRIME OTTAWA– À HUIS CLOS
– DISCUSSION DE NATURE PERSONNELLE SUR UNE PERSONNE RECONNAISSABLE |
That
Council approve the following
appointment to the Crime Prevention Ottawa Board of Directors for a Term Ending
in January 2014, pending approval of the recommendation to change the Terms of
Reference of Crime Prevention Ottawa increasing the number of members of the
Board of Directors from 12 to 13:
Chantal Bernier, Janet Crupi, Jo-Anne Poirier, Lucya Spencer and Irvin
Waller.
CARRIED
PLANNING
AND ENVIRONMENT COMMITTEE REPORT 60A
1. Residential flood relief
AIDE AUX VICTIMES
DES INONDATIONS RÉSIDENTIELLES
|
That Council approve:
1. The Residential Compassionate Grant Policy for Sewer Backups as a
Result of a Significant Rainfall Event as set forth in document 1;
2. That Staff be directed to prepare an application form for this grant as well
as information for the website and for those inquiring about the grant program
and publicize the availability of this grant and its immediate deadlines;
3. That
this grant program be
funded from the Wastewater Reserve Fund.
CARRIED with Councillors S. Desroches and G. Hunter dissenting.
2. AMENDMENT TO FRONT-ENDING AGREEMENT FOR GLOUCESTER EAST
URBAN COMMUNITY STORM WATER MANAGEMENT POND 1 AND OVER-SIZED TRUNK SEWERS
MODIFICATION DE L’ENTENTE DE FINANCEMENT
PRÉALABLE RELATIVEMENT AU BASSIN 1 DE GESTION DES EAUX PLUVIALES DE LA
COMMUNAUTÉ URBAINE DE GLOUCESTER EST ET AUX GRANDS COLLECTEURS
SURDIMENSIONNÉS |
That Council approve an amendment to
Council's approval to enter into a Front-Ending Agreement with the Richcraft
Group of Companies for cost reimbursement for the design and construction of
the East Urban Community storm water management Pond 1 and over-sized trunk
sewers, located south of Innes Road and east of Pagé Road, to reflect land
costs as specified in the new Development Charge By-law, By-law 2009-225,
resulting in an additional authority of $1,637,000.00 for land acquisition.
CARRIED
3. PLANNING AND GROWTH MANAGEMENT, BUILDING CODE SERVICES
BRANCH - DELEGATED AUTHORITY - SIGN MINOR VARIANCES
|
That Council:
1. Approve an amendment to
the Permanent Signs on Private Property By-law to authorize the Director of
Building Code Services to approve minor variances for signs provided that:
(a) the Director take into
consideration the process outlined in this report, and,
(b) the Ward Councillor of
the ward in which the sign, subject of the application for minor variance, is
located supports the minor variance and has not lifted the delegated authority.
CARRIED
PLANNING
AND ENVIRONMENT COMMITTEE REPORT 61
1. ZONING - 3628 NAVAN ROAD ZONAGE - 3628, CHEMIN
NAVAN |
(This
matter is subject to Bill 51)
That Council approve:
1. An amendment to the Zoning By-law
2008-250 to extend the temporary use zoning of part of 3628 Navan Road from
DR[1606] - Development Reserve Zone, Exception 1606 to DR[1606] - Development
Reserve Zone, Exception 1606, for an additional two years, as shown in
Document 1 and detailed in Document 2.
2.
That the City Solicitor obtain
an order for operations at the Navan Recycling Yard to cease and desist
immediately should the MOE suspend or revoke Certificate of Approval
#4414-782KX9 permitting and governing the use".
CARRIED
2. COMPREHENSIVE
ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - NINTH REPORT RÈGLEMENT DE ZONAGE GÉNÉRAL
2008-250 : ANOMALIES ET CORRECTIONS MINEURES – NEUVIÈME RAPPORT |
That
Council approve:
The amendments recommended in Column 3 of Document
1, to correct anomalies in Zoning By-law 2008-250, as amended by the
following:
a. The
addition of Item 23 (85 Range Road) to Document 1, and the addition of the
associated location map to Document 2;
b. The
insertion of the location map of 4269 Limebank Road in Document 2, immediately
following the map for 491, 495 Richmond Road;
c. That
there be no further notice pursuant to Section 34 (17) of the Planning Act.
CARRIED with Councillors E. El-Chantiry and
R. Bloess dissenting and Councillor G. Hunter dissenting on recommendation a.
TRANSIT COMMITTEE REPORT 33
1. CANADIAN URBAN TRANSIT ASSOCIATION PRESENTATION –
TRANSIT VISION 2040 – A BLUEPRINT FOR THE FUTURE
PRÉSENTATION DE L’ASSOCIATION CANADIENNE DU
TRANSPORT URBAIN – VISION DU TRANSPORT EN COMMUN 2040 – PLAN DÉTAILLÉ POUR
L’AVENIR |
COMMITTEE
RECOMMENDATION
That Council endorse CUTA’s
Vision 2040 for putting green transit at the centre of communities.
CARRIED
2. EXPANSION OF URBAN TRANSIT AREA
INTO NEW DEVELOPING AREAS
EXTENSION
DU SECTEUR DE TRANSPORT URBAIN AUX ZONES EN VOIE D’AMÉNAGEMENT |
COMMITTEE
RECOMMENDATION
That Council approve the revisions to the boundary of the Urban
Transit Area detailed in this report to be effective on January 1, 2010, to
provide for the provision and funding of transit service in expanding areas of
the city, and that Council enact an implementing By-law.
CARRIED with Councillors R. Jellett and B.
Monette dissenting.
3. RAIL
SYSTEM SELECTION
RAPPORT SUR LA SELÉCTION D’UN SYST ÈME
FERROVIAIRE |
COMMITTEE RECOMMENDATION
That Council approve that the Rail
technology for the City’s Rapid Transit Plan be Light Rail Transit (LRT).
CARRIED with Councillors B. Monette and G. Hunter dissenting.
Motion to Adopt Reports
Moved by Councillor G. Bédard
Seconded by Councillor S.
Desroches
That the reports from the Auditor
General entitled “Office of the Auditor General (OAG) 2009 Interim Follow-Up to
the 2008 Audit of the Parking Function” and “Office of the Auditor General
(OAG) - Audit of the Incremental Costs of the Transit Strike 2008-2009”, the report from the City Clerk and Solicitor entitled
“Status Update – Council Inquiries and Motions for the Period Ending 28 October
2009”, Community and Protective Services Committee Reports 47 and 47A (In
Camera), Planning and Environment Committee Reports 60A and 61, and Transit
Committee Report 33, be
received and adopted as amended.
CARRIED
Motions requiring Suspension of the Rules of
Procedures
Moved by Councillor S. Desroches
Seconded by Councillor D.
Deans
That the Rules of Procedure be suspended to consider
and approved the following motion, as the Environmental Review Tribunal is
scheduled to start this week.
WHEREAS the City of Ottawa has
no plans to introduce diapers and sanitary products as part of its organics
program; and
WHEREAS the experience of
other jurisdictions to date is that there have been odour problems in the
vicinity of depots which process diapers and sanitary products; and
WHEREAS the
Ministry of the Environment certificate of approval for the Orgaworld site does
not permit the processing of diapers and sanitary products; and
WHEREAS the Ministry of the
Environment certificate of approval (air) requires the cessation of operations
if complaints cannot be resolved to the satisfaction of the District Manager;
WHEREAS Orgaworld Canada Ltd.
has appealed to the Environmental Review Tribunal to remove the limitation set
out in its certificate of approval that serves to prohibit the processing of diapers
and sanitary products, and
WHEREAS Orgaworld Canada Ltd.
has further appealed to the Environmental Review Tribunal to remove the
condition respecting the cessation of operations if complains cannot be
resolved to the satisfaction of the District Manager;
THEREFORE BE IT RESOLVED THAT Council
confirm its support for the application by the City Clerk and Solicitor to the
Environmental Review Tribunal to seek standing on and in opposition to the
appeals by Orgaworld Canada Ltd.
Pursuant to Subsection 1 (2) of Procedure
By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 16 YEAS to 7
NAYS (18 votes required) as follows:
YEAS (16): Councillors D.
Thompson, S. Qadri, M. McRae, A. Cullen, D. Deans, D. Holmes, M.
Bellemare, S. Desroches, P. Feltmate, G. Bédard, J. Legendre, M. Wilkinson, C.
Doucet, G. Brooks, P. Hume and R. Bloess.
NAYS (7): Councillors R.
Jellett, J. Harder, B. Monette, E. El-Chantiry, R. Chiarelli, G. Hunter
and Mayor O’Brien.
Notices of Motion (For Consideration at
Subsequent Meeting)
MOTION
Moved by Councillor S. Desroches
Seconded by Councillor D.
Deans
WHEREAS the City of Ottawa has
no plans to introduce diapers and sanitary products as part of its organics
program; and
WHEREAS the experience of
other jurisdictions to date is that there have been odour problems in the
vicinity of depots which process diapers and sanitary products; and
WHEREAS the
Ministry of the Environment certificate of approval for the Orgaworld site does
not permit the processing of diapers and sanitary products; and
WHEREAS the Ministry of the
Environment certificate of approval (air) requires the cessation of operations
if complaints cannot be resolved to the satisfaction of the District Manager;
WHEREAS Orgaworld Canada Ltd.
has appealed to the Environmental Review Tribunal to remove the limitation set
out in its certificate of approval that serves to prohibit the processing of
diapers and sanitary products, and
WHEREAS Orgaworld Canada Ltd.
has further appealed to the Environmental Review Tribunal to remove the
condition respecting the cessation of operations if complains cannot be
resolved to the satisfaction of the District Manager;
THEREFORE BE IT RESOLVED THAT Council
confirm its support for the application by the City Clerk and Solicitor to the
Environmental Review Tribunal to seek standing on and in opposition to the
appeals by Orgaworld Canada Ltd.
Moved by Councillor J. Legendre
Seconded by Councillor B. Monette
That
in future, tabling of the Auditor General’s reports include a public summary
presentation at Council.
Notice of Intent from
the City’s Meeting Investigator
Notice of
Intent from the City’s Meeting Investigator to submit an investigation report
for consideration at the 9 December 2009 Council meeting.
By-laws Three Readings
Moved by Councillor G. Bédard
Seconded by Councillor S. Desroches
That the by-laws listed on the Agenda under 15 –
Motion to Introduce By-laws, be read and passed.
2009 - 384
A by-law of the
City of Ottawa to amend By-law No. 2002-521 to add the names of certain private
roadways.
2009 - 385
A by-law of the City of Ottawa to amend By-law No.
2009-95 regarding parkland dedication.
2009 - 386
A by-law of the City of Ottawa to change the name of a
municipal highway in the City of Ottawa (Big Horn Way; Keatley Road; Ottawa Road 29).
2009 - 387
A
by-law of the City of Ottawa to designate certain lands at 153 Salisbury Street
as being exempt from Part Lot Control.
2009 - 388
A
by-law of the City of Ottawa to designate certain lands at 401 and 415
Piccadilly Avenue as being exempt from Part Lot Control.
2009 - 389
A
by-law of the City of Ottawa to designate certain lands at 1210 Merivale Road
as being exempt from Part Lot Control and to repeal By-law No. 2009-316.
2009 - 390
A by-law of the City of Ottawa to amend
By-law No. 2008-250 of the City of Ottawa to change the zoning for the property
known municipally as part of 3628 Navan Road.
2009 - 391
A by-law of the
City of Ottawa to amend By-law No. 2005-439 respecting permanent signs on
private property.
2009 - 392
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 neighbourhood of Merivale Gardens
and the properties known municipally as 471, 473, 491 and 495 Richmond Road,
4269 Limebank Road, 329 March Road, 4048 Carling Avenue, part of 200 Somerset
Street, 492,506, 508, 510, 512, 514, 530, 538, 544 and part of 10 Rideau
Street, 172 and 174 Cobourg Street, 2115, 2127, 2131 and 2147 Belcourt
Boulevard, 3686 and 3688 Navan Road, 55 Colonel By Drive, and to correct
anomalies in the by-law.
2009 - 393
A by-law of the City of Ottawa to amend
By-law No. 2008-250 of the City of Ottawa to change the zoning for the property
known municipally as part of 85 Range Road.
CARRIED
Confirmation By-law
Moved by Councillor G.
Bédard
Seconded by
Councillor S. Desroches
THAT By-law 2009-394 to confirm the proceedings of
Council be enacted and passed.
CARRIED
Inquiries
From Councillor E. El-Chantiry with respect to procurement for the new bus garage.
Adjournment
Council
adjourned the meeting at 2:20 p.m.
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CITY
CLERK |
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MAYOR |