27 January 2010
10:00 a.m.
MINUTES 83
The Council of the City of Ottawa met at Andrew S.
Haydon Hall, 110 Laurier Avenue West, Ottawa, on 27 January 2010 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
the Ottawa Fire Services Band.
MOMENT OF SILENCE
Council observed
a Moment of Silence in Memory of The Right Reverend Exarch Habib Kwaiter,
Pastor of Sts. Peter and Paul Parish, who passed away on December 17, 2009.
Announcements/Ceremonial
Activities
Recognition – Heart Month
Mayor O’Brien declared February 2010 as Heart Month in the City of
Ottawa. The Mayor presented Ms. Jan
Ditchfield and Chief Anthony Di Monte with a framed proclamation. Chief Anthony Di Monte has been chosen as
the 2010 Heart Month Ambassador
Recognition – Chief deHooge
Mayor O’Brien introduced Fire Chief John deHooge at City
Council. Chief deHooge’s first day with
Ottawa Fire Services was on Monday, January 11th, 2010.
Roll Call
ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR D.
THOMPSON.
Confirmation of Minutes
The Minutes of the
regular meeting of 13 January 2010 were confirmed.
Declarations of interest including those originally
arising from prior meetings
No declarations were received.
·
Responses
to Inquiries
·
37-09 - Procurement for
the New Bus Garage
·
E-mail from Ottawa
Taxpayer Advocacy Group dated 25 January 2010 *
* Councillor A. Cullen
requested that this communication be listed and asked staff to review with the
objective of taking the appropriate action (including legal action) to ensure
that the slanderous statements contained in this e-mail, cease and desist. Mayor O’Brien directed the City Clerk and
Solicitor to Report back to Council on this matter at the next Council meeting
scheduled for 10 February 2010.
Regrets
Councillor D. Thompson (City Business) advised he
would be absent from the Council meeting of 27 January 2010.
Motion to Introduce Reports
MOTION NO. 83/1
Moved by
Councillor S. Desroches
Seconded by Councillor A.
Cullen
That the report from the Ottawa Community
Housing Corporation entitled “Confirmation
of Election of Ottawa Community Housing Corporation (OCHC) Chair”, the report
from the City Clerk and Solicitor entitled “Status Update –
Council Inquiries and Motions for the Period Ending 13 January 2010”,
Agriculture and Rural Affairs Committee Report 49, Audit, Budget and Finance
Committee Report 5, Corporate Services and Economic Development Committee
Report 50, Planning and Environment Committee Report 63A, Transit Committee
Report 35 and Transportation Committee Report 36, be received and considered
CARRIED
Ottawa Community Housing Corporation
1.
Confirmation of election of Ottawa community housing corporation
(ochc) Chair confirmation de l’élection de la présidente
de la société de logement communautaire d’Ottawa |
2. That the Mayor and the City Clerk be
authorized to sign a written resolution on behalf of the City of Ottawa as
shareholder of Ottawa Community Housing Corporation setting out the resolution
approved by the City Council.
CARRIED
City Clerk and Solicitor
1.
sTATUS UPDATE - COUNCIL INQUIRIES AND MOTIONs for the period
ending 13 January 2010 RAPPORT DE SITUATION – DEMANDES DE
RENSEIGNEMENTS ET MOTIONS DU CONSEIL POUR LA PÉRIODE SE TERMINANT LE 13
janvier 2010 |
REPORT RECOMMENDATION
That
Council receive this report for information.
RECEIVED
Committee
Reports
Agriculture and Rural Affairs Committee Report 49
1. DOWDALL
MUNICIPAL DRAIN INSTALLATIONS
MUNICIPALES DE DRAINAGE DOWDALL |
Committee Recommendations
That
Council adopt the Engineer's Report for the Dowdall Municipal Drain and give
first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.
MOTION
NO. 83/2
Moved by Councillor
G. Brooks
Seconded by
Councillor R. Jellett
That Agriculture and Rural Affairs Committee Report 49, Item 1 – Dowdall
Municipal Drain be deferred to the Council meeting of 24 February 2010 when the
information report from Legal Services is expected to rise from the Agriculture
and Rural Affairs Committee to Council for consideration.
DEFERRAL
CARRIED
Item 1 of Agricultural and Rural
Affairs Committee Report 49 was then put to Council and DEFERRED pursuant to
motion No. 83/2.
2. RIDEAU CANAL LANDSCAPE
STRATEGY GOVERNANCE MODEL MODÈLE
DE GOUVERNANCE RELATIVEMENT À LA STRATÉGIE D’AMÉNAGEMENT PAYSAGER DU CANAL
RIDEAU |
planning and environment committee and
agriculture and rural affairs Committee Recommendations
That Council:
1. Endorse
the proposed governance model for the Rideau Corridor Landscape Strategy as set out in Document 1, subject to the
change identified in Recommendation 3 below to permit two representatives from
the City of Ottawa.
2. Appoint
Councillor Doucet as the Member of Council from the Urban Area and Councillor
Thompson as the Member of Council from the Rural Area to serve on the
Steering Committee. One will serve as a
reserve member until the governance model is amended per Recommendation 3; and
3. Request
that Parks Canada amend the proposed Governance Model to include two City of
Ottawa members on the Steering Committee and direct staff to report back on the
outcome of this request.
CARRIED
Audit,
Budget and Finance Report 5
1. ESTABLISHMENT OF A
DEBENTURE COMMITTEE AND DELEGATION OF AUTHORITY TO ENACT DEBENTURE BY-LAWS,
OTHER RELATED BY-LAWS AND Temporary borrowing by-laws for current purposes Renseignements
supplémentaires aux estimations budgétaires – Rapport sommaire DES Budgets de
fonctionnement et d’immobilisations préliminaires de 2010 |
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council:
1. Establish
a Committee known as the Debenture Committee in accordance with the Terms of
Reference contained in Document 1 and delegate authority to the Debenture
Committee to make final decisions with respect to the following matters to the
extent that the authority has not already been delegated:
(a) the
authority to enact debenture by-laws to authorize the issuance of debentures
where the project debt authority has been approved by Council and the Treasurer
has proceeded with one or more debt issues pursuant to Section 16, Schedule “A”
of By-law No. 2009-231, the Delegation of Authority By-law by finalizing the
terms and conditions of such debt issues;
(b) the
authority to enact temporary borrowing by-laws for current operations in
accordance with section 407 of the Municipal Act, 2001 to authorize
short term borrowing for the purpose of meeting current expenditures in any
year until such time as the taxes are collected and other revenues are received
and to authorize any one or more members of the Debenture Committee to do all
things and execute any loan or other agreements required to give effect to any
temporary borrowing;
(c) the
authority to enact the required by-law(s) to enter into new arrangements with
CDS Clearing and Depository Services Inc. (“CDS”) to ensure that CDS accepts
new debenture issues and maintains existing City debentures in the CDS system
and to authorize any one or more members of the Debenture Committee to do all
things and execute all documents, instruments and agreements in order to make
these arrangements effective; and
(d) the
authority to enact a by-law authorizing the City to issue replacement debenture
certificates if and when required, to replace defaced, lost, mysteriously or
unexplainably missing, stolen, destroyed or other instances such as
dematerialized debenture certificates on such terms and conditions considered
appropriate including a bond of indemnity as a condition of issuing replacement
debenture certificates;
2. Subject
to the approval of Recommendation 1, the delegation provision contained in
Recommendation 1, shall be held by the Debenture Committee exclusively and
shall remain in full force and effect until the
end of the term of City Council at which time this delegation may be revoked
otherwise this delegation remains in effect;
3. Subject
to the approval of Recommendation 1, approve the enactment of amendments to the
Procedure By-law to reflect the notice requirements contained in Document 1 and
to the Delegation of Authority By-law to indicate that the authority to enact
the debenture by-laws has been delegated to the Debenture Committee;
4. Subject
to the approval of Recommendation 1, amend the Policy on Debt and Financing to
reflect the establishment of the Debenture Committee and the delegations noted
in Recommendation 1; and
5. That the Terms of Reference for the
Debenture Committee be amended such that, “A quorum
shall be one-half of all members” now read, “A quorum shall be one-half of all
members, with at least one of those members being an elected official.”
CARRIED
2. Impact of Hst on the 2010
budget repercussions de la tvh sur
le budget de 2010
|
COMMITTEE RECOMMENDATION
That Council
receive this report for information.
RECEIVED
Corporate Services and Economic Development Report 50
Committee recommendationS as amended
That Council approve that:
1.
The City Treasurer be directed
to establish and fill the new position of Chief Procurement Officer;
2.
The criteria to engage the
services of a Fairness Commissioner in specific procurement processes as set
out in this report be adopted;
3.
Subsection 9(1)(e) of the Purchasing By-law dealing with a
“substantive objection” to a procurement process be revised to adopt the
Comprehensive Complaints Process as described in this report;
4.
The Purchasing By-law be amended to reflect the use of a local preference
provision as a “tie-breaker”;
5.
Staff be directed, prior to implementing a bidding prohibition
against suppliers engaged in litigation with the City, to clarify the grounds
upon which such discretion would be exercised (e.g. when a supplier has committed
fraud against the City or one of its boards or corporations, has a history of
failing to perform under the terms of a contract or has been found to be in
breach of health and safety conditions) and to consult with the Business
Advisory Committee with respect to same and report back to the Corporate
Services and Economic Development Committee and Council;
6.
As part of the City of Ottawa making the
formal amendments to its Purchasing By-law, staff consult with the Business
Advisory Committee to ensure that the roll-out of these new City procedures
will be brought to the attention of the business community in a timely manner;
7.
The
Chief Procurement Officer and/or the City’s contact person identified in a
formal procurement process be the only official points of contact for bidders
in a City procurement process or a complaint thereof and that bidders shall not
contact either elected representatives or other staff regarding that bid; and
8.
The criteria to engage the services of a
Fairness Commissioner in specific procurement processes as set out in
Recommendation 2 of the Report, be adopted and expanded to also include the
Recommendations of the Business Advisory Committee dated January 18, 2010 for
the management of such services by:
(a)
ensuring that the use of Fairness
Commissioners is carefully managed to avoid project delays and increases in
acquisition costs;
(b)
having Fairness Commissioner services
engaged through a competitive process and that the cost for such services to
the City is fair and reasonable; and
(c)
ensuring the scope of such services is
clearly defined, as part of the engagement, including required deliverables
such as written reports and presentations to Committee and Council, if
necessary.
MOTION NO. 83/3
Moved by Councillor E. El-Chantiry
Seconded by Councillor S. Qadri
WHEREAS the City of Ottawa is committed to the highest
standards of integrity with respect to dealing with vendor complaints, which
shall be handled with fairness and equity for all participants and will provide
unsuccessful bidders with a timely and objective review of their complaint; and
WHEREAS the Chief Procurement Officer and/or the
City’s contact person identified in a procurement process will be the only
official points of contact for the complaint and bidders shall not contact
either elected representatives or other staff regarding the complaint when the
comprehensive complaints process is engaged; and
WHEREAS the Business Advisory Committee, the Corporate
Services and Economic Development Committee and City staff have made
recommendations and offered comments to enhance and further clarify the Draft
Comprehensive Complaints Process set out in Document 4 to the staff report
entitled: “Purchasing By-law – Review” (ACS 2009-CMR-FIN-0058) and have made
available a Revised Document 4 for consideration by Council; and
WHEREAS pursuant to Bill 130 (effective January 1, 2007) it is permissible for City
Council under the Municipal Act, 2001
to delegate to the Corporate Services and Economic Development Committee, or
its successor Committee, the final authority to deal with complaints arising
from a City procurement process;
THEREFORE BE IT RESOLVED THAT the attached “Revised Document 4” to this Motion setting out a revised Comprehensive Complaints Process for dealing with vendor complaints arising from a City of Ottawa procurement process be substituted for the existing Document 4 in the staff report entitled: “Purchasing By-law – Review” (ACS 2009-CMR-FIN-0058) and be received and adopted by Corporate Services and Economic Development Committee and Council.
CARRIED
Item 1 of Corporate Service Economic Development Committee Report 50, as amended by Motion No. 83/3, was then put to Council. The recommendations were divided for voting purposes.
Recommendations 1, 2, 3, 6, 7 and 8 CARRIED.
Recommendation 4 CARRIED with Councillor J Harder dissenting.
Recommendation 5 CARRIED on a division of 19 YEAS and 3 NAYS as fellows:
Yeas (19): Councillors J. Legendre, P Feltmate, D Holmes, D Deans, M. Wilkinson, S. Desroches, E. El-Chantiry, R. Bloess, B. Monette, M. Bellemare, G. Bédard, R. Jellett, C. Leadman, S. Qadri, C. Doucet, P. Hume, G. Brooks, R. Chiarelli and Mayor L. O’Brien.
Nays (3): Councillors J. Harder, G. Hunter and A.
Cullen.
2. MUNICIPAL
ELECTIONS – CONTRIBUTION REBATE PROGRAM
ÉLECTIONS
MUNICIPALES – PROGRAMMES DE REMISES DE CONTRIBUTIONS
COMMITTEE
RECOMMENDATION
That Council direct staff to include the establishment of
a separate contribution rebate reserve fund as part of the 2011 and subsequent
budgets to cover the costs associated with the contribution rebate program, and
that surplus funds from municipal candidates be directed to that reserve
fund.
CARRIED with Councillor R. Bloess
dissenting on the Contribution Rebate Program.
3. LITIGATION RECORD - 2009
BILAN DES LITIGES – 2009
Committee recommendation
That Council receive this report for information.
RECEIVED
4. CASH
IN LIEU – PARKLAND FEES REGLEMENT
FINANCIER DES FRAIS RELATIFS AUX TERRAINS A VOCATION DE PARC
|
Committee
recommendation
That Council approve the cash in lieu of parkland fees be waived for
2231 Pagé Rd.
CARRIED with Councillor P. Hume dissenting.
5. MOTION 35/14 – COMPREHENSIVE ZONING BY-LAW
MOTION 35/14 - REGLEMENT GENERAL DE ZONAGE
That Council direct the City Clerk and Solicitor to reimburse the
applicant for the building permit for 303 Lanark for properly documented
expenses directly associated with the incorrect implementation of Motion 35/14
of the Comprehensive Zoning By-law for the development (located in the
area bound by Churchill North, Workman, Duchess, Kirchoffer, Atlantis and
Shelby) to a maximum of $10,000.
CARRIED
6. DELEGATION OF
AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 2009, AND LEGAL OUTSOURCING COSTS
DÉLÉGATION DE POUVOIR – CONTRATS ACCORDÉS POUR LA
PÉRIODE DU 1er JUILLET AU 30
SEPTEMBRE 2009 ET FRAIS LÉGAUX D’IMPARTITION
COMMITTEE RECOMMENDATION
That
Council receive this report for information.
RECEIVED
7. 2010 interim
property tax rates and due dates
IMPÔTS
FONCIERS PROVISOIRES POUR 2010 ET ÉCHÉANCES
committee recommendations
That Council approve:
1. That the 2010 interim property tax
billing be set at 50% of the 2009 Annualized Taxes as permitted by legislation;
2. That the amount protected classes are
billed on the interim tax billing be set at the maximum percent of last years'
adjusted taxation, as permitted by legislation (50% of the annualized adjusted
2009 taxes);
3. That the following tax due dates be
approved for 2010:
i. Interim: March
18, 2010
ii. Final: June 17, 2010;
4. That the penalty and interest
percentage charge on overdue and unpaid tax arrears remain at the rate of 1.25%
per month (15% per year) unchanged from 2009; and
5. Subject
to the approval of the above recommendations, that Council enact a by-law in
the form attached as document 1 to establish the tax due dates, penalty and
interest charges.
CARRIED
8. CAMBRIAN WOODS/TRIM ROAD LAND EXCHANGE
ÉCHANGE DE TERRAIN DU BOISÉ
CAMBRIAN/CHEMIN TRIM
COMMITTEE
RECOMMENDATIONS
That Council:
1. Declare
a portion of 2360 Trim Road containing an area of approximately 9.58 ha (23.67
acres),
described as being part of Lot 3 and part of the road
allowance between Lots 3 and 4, Concession 9, geographic Township of
Cumberland, now in the City of Ottawa, shown hatched and identified as Parts 2,
3, 4 and 5 on Document 1 attached and further described as Parts 2, 3, 4 and 5
on a draft plan of survey prepared by J.D. Barnes Limited, subject to the road
shown as Part 3 being closed by by-law and subject to any easements that may be
required, as surplus to the City’s needs;
2. Waive
City policy pertaining to the public marketing of viable properties; and
3. Approve
the sale of the land referred to in Recommendation 1, to Mattamy (Tenth Line)
Ltd., in exchange for lands owned by
Mattamy (Half Moon Bay 2) Limited and Mattamy (Half Moon Bay) Limited,
identified as Cambrian Woods UNA Site #57 containing an area of 19.75 ha (48.82
acres), described as being Part of Lots 10 and 11, Concession 3, Rideau Front,
geographic Township of Nepean and shown hatched and identified as Parts 1, 2, 3
and 4 on Document 2 attached and further described as Parts 1, 2, 3 and 4 on a
draft plan of survey prepared by J.D. Barnes Limited, plus GST or HST as
applicable, pursuant to a Land Exchange Agreement that has been received;
CARRIED
9. SALE OF LAND – PART OF LEO LANE
Vente de terrain – partie de
l’allée leo
COMMITTEE RECOMMENDATIONS
That Council:
1.
Declare a parcel of land
identified as Parts 3, 4, 5 and 6 on the attached sketch identified as Document
1, containing approximately 399.69 m2 (4,302.4 square feet),
described as part of Lot 1, Registrar’s Compiled Plan No. 50, geographic
Township of Cumberland, now in the City of Ottawa, being Parts 3, 4, 5 and 6 on
Plan 4R-20477 (Part of Leo Lane) subject to the road being stopped up and
closed by by-law, as surplus to the City’s needs;
2.
Waive City Policy pertaining to
the sale of property at market value and approve the sale of land detailed in
Recommendation 1, having a value of $6,400.00, to Willard McWilliams for $1.00,
plus GST, subject to an easement over Part 5 in favour of the City of Ottawa
for drainage purposes and any other easements that may be required, in exchange
for Mr. McWilliams granting to the City easements over lands owned by him shown
as Parts 2, 7, 8 and 9 on the attached sketch identified as Document 1,
containing an area of 223.7 m2 (2,408 square feet), described as part of Lot 1, Registrar’s
Compiled Plan No. 50, geographic Township of Cumberland, being Parts 2, 7, 8
and 9 Plan 4R-20477, having a value of $4,800.00.
CARRIED
10. Land Exchange – National Capital
commission – Russell road (McEwan
Creek Stormwater Management Facility)
ÉCHANGE DE TERRAINS – COMMISSION DE LA CAPITALE
NATIONALE (INSTALLATION DE GESTION DES
EAUX PLUVIALES DU RUISSEAU MCEWAN)
COMMITTEE
RECOMMENDATIONS
That Council approve to:
1. Declare
a portion of City land located on Russell Road and identified as part of PIN 04161-0058,
containing an area of approximately 3.2145 ha (7.94 acres), subject to final
survey and described as Part of Lot 5, Concession 6, Rideau Front, geographic
Township of Gloucester, shown as Parcels ‘F’ and ‘G’ on Document 1 attached, as
surplus to City requirements;
2. Waive
City policy pertaining to the public marketing of viable properties; and
3. Approve
the sale of the land referred to in Recommendation 1, to the National Capital
Commission, subject to any easements that may be required, in exchange for
lands owned by the National Capital Commission identified as part of PINS
04161-0046 and 04161-0059 and shown as Parcels ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ on
Document 1 attached, containing an area of 4.55 ha (11.246 acres), and
described as Part of Lot 5, Concession 6, Rideau Front, geographic Township of
Gloucester, together with a monetary payment by the City to the National
Capital Commission of $90,000 plus GST or HST as applicable, subject to
adjustment on final survey.
CARRIED
11. CAPITAL
FUNDING SUPPORT – MONTFORT HOSPITAL
SOUTIEN AU FINANCEMENT DES IMMOBILISATIONS –
hÔPITAL MONTFORT
COMMITTEE RECOMMENDATIONS
That
Council approve that:
1.
The Montfort Hospital be
remitted $136,663.43, representing the amount paid to the City for building permit fees
($19,593.32) and cash-in-lieu of parkland fees ($117,070.11) for construction
projects undertaken pursuant to the hospital’s approved 10-Year Capital Program
up to and including March 31, 2009, as noted in Document 2; and
2.
The Building Permit fees remittance ($19,593.32), and the Cash-in-Lieu of
Parkland remittance ($117,070.11) be funded
from the City-Wide Capital Reserve Fund.
CARRIED
12. RIDEAU CANOE CLUB
LOAN GUARANTEe
GARANTIE DE PRET AU CLUB RIDEAU CANOE
COMMITTEE RECOMMENDATIONS
That Council:
1.
Increase the capital project authority for the expansion and
renovation of the Rideau Canoe Club (RCC) facility by $0.516 million, from
$1.782 million to $2.298 million.
2.
Fund the additional $0.516 million requirement from donations ($46,000)
and cash reserves ($120,000) held by RCC, with the remaining balance $350,000
financed by RCC through borrowed funds and;
3.
Authorize the City Treasurer on behalf of the City, to enter into a
loan guarantee agreement with a financial institution, selected by the RCC and
satisfactory to the City, in providing financing to a maximum of $350,000.
CARRIED
13. CITY OF OTTAWA ASSISTANCE FOR HAITI
AIDE DE LA VILLE D'OTTAWA POUR HAÏTI
COMMITTEE RECOMMENDATIONS
That Council
approve the following measures to provide assistance to the people of Haiti as
soon as possible:
1. The
City of Ottawa give priority to employees seeking annual or unpaid leave to
volunteer their time to support any existing networks of non-government
agencies that provide disaster relief and humanitarian aid to Haiti; and
2. The
City of Ottawa Emergency and Protective Service Department liaise with federal
and provincial governments to provide full cooperation in their assistance to
deliver humanitarian aid and the re-building of key infrastructure; and
3. In
the event that the City of Ottawa is called upon by the Provincial and Federal
Government to provide assistance to Haiti, the Emergency and Protective
Services Department will report back to the appropriate standing committee and
council on all activities and support provided; and
4. That
the City of Ottawa motion regarding assistance for Haiti be forwarded to the
Federation of Canadian Municipalities to distribute to its membership; and
5. That
this motion be sent to local Members of Parliament, and the Federal Minister
responsible for the Canadian International Development Agency; and
6. That
the City of Ottawa continue to work in conjunction with local humanitarian
organizations to ensure that repatriated individuals receive required supports
(i.e. food, shelter, psychosocial support) through existing protocols; and
7. That the City of Ottawa endorse the Federation of Canadian Municipalities to encourage individuals to participate in fundraising events to make charitable contributions to organizations in support of ongoing relief efforts in Haiti. The Government of Canada announced last week that it will match individual contributions to charitable organizations.
MOTION
NO. 83/4
Moved by Councillor M. McRae
Seconded by Councillor R. Jellett
That
the Recommendations contained in Corporate Services and Economic Development
Committee Report 50, Item 13 be replaced with the following:
WHEREAS on
January 12, 2010 the strongest earthquake to strike Haiti in two centuries
propelled the tiny Caribbean nation into a state of chaos and despair and the
Red Cross estimates about three million people could be affected, close to a
third of Haiti’s population; and
WHEREAS on
January 13, 2010, Ottawa City Council approved a motion to offer in-kind access
to City recreation facilities for fundraising events to support the Haiti
Earthquake relief efforts during 2010; and
WHEREAS there
is a great need for urgent and ongoing support to Haiti, including medical
emergency services professionals to assist in the immediate recovery efforts
and disaster relief, engineers and infrastructure specialists to provide
expertise in the repair of damaged and destroyed infrastructure, and for the
provision of safe drinking water; and
WHEREAS staff
in the City of Ottawa has significant experience and expertise in many needed
areas, and many City of Ottawa employees volunteer their time to support
existing networks of non-governmental agencies that provide disaster relief and
humanitarian aid; and
WHEREAS these
non-governmental agencies work in partnership with the Federal Government to
provide this type of assistance (Care Canada, Engineers without Borders…);
THEREFORE BE IT RESOLVED
that the Corporate Services and Economic Development Committee recommend that
City Council approve the following measures to provide assistance to the people
of Haiti as soon as possible:
1.
The City of Ottawa give
priority to employees seeking annual or unpaid leave to volunteer their time to
support any existing networks of non-government agencies that provide disaster
relief and humanitarian aid to Haiti; and,
2.
The City of Ottawa Emergency
and Protective Service Department liaise with federal and provincial
governments to provide full cooperation in their assistance to deliver
humanitarian aid and the re-building of key infrastructure; and,
3.
In the event that the City of
Ottawa is called upon by the Provincial and Federal Government to provide
assistance to Haiti, the Emergency and Protective Services Department will
report back to the appropriate standing committee and council on all activities
and support provided; and,
4.
That a copy of this motion be
forwarded to the Federation of Canadian Municipalities to distribute to its
membership; and,
5.
That this motion be sent to
local Members of Parliament, and the Federal Minister responsible for the
Canadian International Development Agency.
6.
That the City of Ottawa
continues to work in conjunction with local humanitarian organizations to
ensure that repatriated individuals receive required supports (i.e. food,
shelter, psychosocial support) through existing protocols.
7.
That the City of Ottawa support
the Federation of Canadian Municipalities’ call to members to prepare for
unprecedented reconstruction efforts in Haiti and encourage individuals to
participate in fundraising events to make charitable contributions to
organizations in support of ongoing relief efforts in Haiti.
CARRIED
Item
13, Corporate Services and Economic Development Committee Report 50 was then
put to Council and CARRIED as amended by Motion No. 83/4.
Planning and Environment
Committee Report 63A
1. STREET NAME CHANGE - CONSTELLATION CRESCENT INSTALLATIONS
MUNICIPALES DE DRAINAGE DOWDALL |
Committee Recommendation
That Council enact a by-law to change the
street name of Constellation Crescent to Constellation Drive from Baseline Road
to Centrepointe Drive and Constellation Crescent to Gemini Way for the
remainder of the former roadway, as detailed in Document 1.
CARRIED
2. ZONING - PART OF 123 HUNTMAR DRIVE ZONAGE - PARTIE DU 123,
PROMENADE HUNTMAR |
Committee Recommendation
(This matter is subject to Bill 51)
That
Council approve an amendment to the Zoning
By-law 2008-250 to change the zoning provisions of the Residential Third
Density YY urban exception 1455 (R3YY[1455]) in effect over part of 123 Huntmar
Drive, as shown on Document 1 and detailed in Document 2.
CARRIED
3.
ZONING - 3317 NAVAN ROAD ZONAGE - 3317, CHEMIN NAVAN |
Committee Recommendation
(This matter is subject to Bill 51)
That Council approve an amendment to the City of Ottawa Zoning By-law 2008-250 to change the zoning of 3317 Navan Road from Development Reserve (DR) to Residential Third Density, Subzone Z, Exception [XX] (R3Z [XX]), Residential Fourth Density, Subzone Z, Exception [XX] (R4Z [XX]), and Minor Institutional Zone, Subzone A (I1A) as shown in Document 1 and detailed in Document 2.
CARRIED
4.
ZONING - 1515 EARL
ARMSTRONG ROAD ZONAGE - 1515, CHEMIN EARL ARMSTRONG |
(This matter is subject to Bill 51)
That Council approve an amendment to
the Zoning By-law 2008-250 to change the zoning of 1515 Earl Armstrong Road
from DR - Development Review to GM26 - General Mixed Use, Subzone 26, as shown
in Document 1 and as detailed in Document 2.
CARRIED
5.
ZONING - 975 RICHMOND ROAD ZONAGE - 975, CHEMIN RICHMOND |
(This matter is subject to Bill 51)
1.
That Council approve an
amendment to the Zoning By-law 2008-250 to change the zoning of 975 Richmond
Road from TM H(15) to TM [1373] H(15), as detailed in Document 2.
2.
That the By-law to implement
Recommendation 1 not be enacted until such time as a revision to the site plan
has been submitted and approved, for the adjacent contiguous lands to the east
(955, 965 and 971 Richmond Road) to incorporate 975 Richmond Road.
3.
That approval of the rezoning
set out in Recommendation 1 be null and void if the requirements of
Recommendation 2 have not been satisfied within 12 months of approval.
CARRIED
6.
INTENSIFICATION
IMPLEMENTATION GROUP - PROJECT CHARTER AND COUNCIL SPONSORS GROUPE DE MISE EN ŒUVRE DE
LA DENSIFICATION – CHARTE DE PROJET ET COMMANDITAIRES DU CONSEIL |
That Council:
MOTION
NO. 83/5
Moved by Councillor P. Hume
Seconded by Councillor J. Harder
BE IT RESOLVED
THAT Recommendation 2 be amended by adding the following:
That
the Clerk circulate to Members of Council for interest and that the members be
appointed to the sponsor committee as using the delegation that currently
exists for other Planning and Environment Committee sponsor committee - Budget
& Development Charges.
CARRIED
Item 6
of Planning and Environment Committee Report 63A was then put to Council and CARRIED
as amended by Motion No. 83/5.
Transit Committee Report 35
1. ONTARIO BUS REPLACEMENT PROGRAM
(OBRP) PROGRAMME
ONTARIEN DE REMPLACEMENT DES AUTOBUS (PORA)
|
COMMITTEE
RECOMMENDATIONS
That City Council authorize the Mayor and City Treasurer to sign a
Letter of Agreement with the Province as part of the application to receive
funding under the Ontario Bus Replacement Program (OBRP) and approve the by-law
authorizing the signing of the Letter of Agreement as set out in Document 2.
CARRIED
2. non Refundable Tax Credit for Public Transit Crédit
d’impôt non remboursable pour le transport en commun |
COMMITTEE RECOMMENDATION
That
Council approve that a letter be sent to the Federal Minister of Finance
requesting that the Non Refundable Tax Credit for Public Transit be made fully
refundable.
CARRIED
Transportation Committee
Report 36
1. Montréal Road Closures Fermeture À La Hauteur Du Chemin Montréal |
That Council:
1. Direct
staff in the Infrastructure Services
and Community Sustainability Portfolio, Planning and Growth Management Department and the City
Operations Portfolio, Public Works and Services Department be directed to
partner with the Quartier Vanier BIA and its consultants to provide support and
assistance as needed to complete a study for the closure of certain streets on
Montréal Road as previously identified in the City of Ottawa Official Plan.
2. Approve
the removal of the following bullet from the content of the report, as it is
premature and pre-supposes conclusions of the study:
·
File
application for road closure with the City of Ottawa
CARRIED
2. 90
George Street – Proposed Valet Parking 90, Rue George - Service
Voiturier Proposé |
That Council
approve:
1. That
the Director of Real Estate Partnership and Development Office be authorized to
enter into a License of Occupation agreement on behalf of the City with the
Owner in accordance with the terms and conditions as set out in Document 1,
which terms and conditions will provide a 10 year term for the License of
Occupation agreement with a nominal yearly fee of $1.00 for the 10 year term,
which will be subject to renegotiation for further renewals based on applicable
City land lease policy in place thereafter.
2. That
the Deputy City Manager, Infrastructure Services and Community Sustainability
provide for the issuance of the required road cut permit to allow the Owner to
undertake the proposed improvements subject to all technical matters related to
the works being to the satisfaction of the Deputy City Manager and subject to any
securities as set out in Document 1 being posted.
3. That the following condition from
the “Contents of License of Occupation Agreement” (Document 1):
“Should the City and/or Public Utilities operating within the Public
Right of Way decide to renew or repair infrastructure below the surface of the
Lands, the Owner must remove the improvements and repair or renew the surface
of the lands at its expense upon the time specified within written notice from
the City.”
be replaced
with:
"Should the City or utility companies decide to renew or repair
infrastructure below the surface of the lands, the City or utility company is
responsible for compacting while the owners are responsible for removing and
replacing the pavers within time periods specified in written notice from the
City.
CARRIED
Motions of Which Notice has Been Given Previously
Moved by Councillor M. Wilkinson
Seconded by Councillor E. El-Chantiry
WHEREAS
the City of Ottawa will be preparing a revised Long Range Financial Plan over
the next year; and
WHEREAS
it is prudent to involve the public early on in the preparation of the plan to
ensure that all ideas and suggestions are considered; and
WHEREAS
the City of Ottawa has amended the budget development process and established
an Audit, Finance and Budget Committee to provide more focus on financial
issues; and
WHEREAS
supporting a gathering where ideas on how to balance services considering the
financial resources of the City as well as the concerns of both taxpayers and those
requiring services;
THEREFORE
BE IT RESOLVED that the City of Ottawa host a Financial Sustainability Summit
in 2010 to gather input pending review of the Long Range Financial Plan and
future budget process from the public;
BE
IT FURTHER RESOLVED that an ad-hoc committee composed of Councillor Wilkinson,
Councillor El-Chantiry and Councillor Chiarelli and Finance and Communications
staff develop the format for the meeting, a communications plan and set the date;
and
BE IT FURTHER RESOLVED that the cost of the summit be funded from
existing budgets.
CARRIED on a division of 19 YEAS to
2 NAYS as follows:
YEAS (19): Councillors J. Legendre, P Feltmate, D. Deans, G. Hunter, M.
Wilkinson, M. McRae, S. Desroches, E. El-Chantiry, R. Bloess, B. Monette,
M. Bellemare, G. Bédard, R. Jellett, C. Leadman, S. Qadri, A. Cullen, C.
Doucet, P. Hume and R. Chiarelli.
NAYS (2): Councillors J. Harder and D. Holmes.
Motions Requiring Suspension
of the Rules of Procedure
Motion No. 83/7
Moved by Councillor M. McRae
Seconded by Councillor C. Leadman
That the Rules of Procedure be waived, due to timelines, to
consider the following:
WHEREAS the
XXI Olympic and Paralympic Winter Games will be held on Canadian soil in
Vancouver, British Columbia on February 12 - 28, 2010 and on March 12 - 21,
2010, and
WHEREAS many Olympians, Paralympians and Coaches participating in the XXI
Olympic and Paralympic Winter Games live, train and coach in Ottawa;
BE IT
RESOLVED that the City of Ottawa, on behalf of the residents of Ottawa, send
our best wishes and support to the athletes, coaches, staff and volunteers
participating in the XXI Olympic and Paralympic Winter Games; and
BE IT FURTHER
RESOLVED that Ottawa City Council:
a)
Send a letter signed by all
members of Council and a copy of this motion
to the Mayors of Vancouver and Whistler congratulating them and the Vancouver
and Whistler City Councils for hosting the XXI Olympic and Paralympic Winter
Games; and
b)
Send a letter of
congratulations signed by all members of Council and a copy of this motion to
Michael Chambers President of the Canadian Olympic Committee and resident of
Ottawa.
CARRIED
Motion No. 83/8
Moved by Councillor D. Deans
Seconded by Councillor P. Hume
That the Rules of Procedure be waived due to
the urgency of the matter to consider the following:
WHEREAS a major Ottawa call centre is laying off 800
employees as the company moves operations to lower-cost locations in Asia and
around the world; and
WHEREAS this is a significant job loss,
especially at a time when it is difficult to find new jobs and people who are
losing jobs have good communication and customer-relation skills and many are
bilingual; and
WHEREAS the global recession has exacted a
heavy price on the broader technology sector and it is important to not only
the City but the Provincial and Federal Governments to retain young and
talented employees who will use these jobs as stepping stones to advance their
careers in Canada;
THEREFORE BE IT RESOLVED THAT the City of
Ottawa request that the Governments of Ontario and Canada enter discussions
with Convergys to determine what form of support might be given to retain these
call centre jobs in Ottawa; and
BE IT FURTHER RESOLVED THAT the OCRI Call
Centre Cluster be engaged to determine the ability to have these skilled jobs
retained in other Call Centres in Ottawa.
CARRIED
Notices of Motion (For
Consideration at Subsequent Meeting)
Motion
Moved by
Councillor G. Brooks
Seconded
by Councillor C. Leadman
WHEREAS the
there is considerable public interest in the construction costs for the “new”
bus garage; and
WHEREAS there
is a public perception that staff and Council lack accountability and/or
credibility on this issue; and
WHEREAS the
office of the Auditor General is an independent body responsible only to
Council; and
WHEREAS the
taxpayers are concerned with the management and functionality of the City’s
transit system;
THEREFORE BE
IT RESOLVED THAT Council direct the Auditor General to undertake a
comprehensive study of the construction costs and procedures in regards to the
“new” bus garage and report back to Council within *** months;
BE IT FURTHER
RESOLVED THAT the Auditor General undertake a comprehensive study of the OC
Transpo transit system’s administration and functionality and report back to
Council in the Spring of 2011 at no extra cost to the City;
BE IT FURTHER
RESOLVED THAT if the Auditor General’s report and recommendations require
further examination of the aforementioned, Council to direct an outside third
party to assist the Auditor General in recommendations for Council
consideration.
Motion
Moved by Councillor E.
El-Chantiry
Seconded by Councillor S. Qadri
WHEREAS the
Federation of Canadian Municipalities (FCM) represents the interests of
municipalities on policy and program matters that fall within federal
jurisdiction; and
WHEREAS the FCM's National Board of Directors is
comprised of elected municipal officials from all regions and sizes of
communities to form a broad base of support and provide FCM with the prestige
required to carry the municipal message to the federal government; and
WHEREAS the
73rd FCM Annual Conference is being held from May 28-31, 2010,
during which the Annual
General Meeting will be held and followed by the election of the FCM National
Board of Directors;
THEREFORE BE IT RESOLVED that Council endorse
Councillor Marianne Wilkinson to stand for re-election as an Ontario
representative on the FCM National Board of Directors.
Motion
Moved by Councillor E.
El-Chantiry
Seconded by Councillor B. Monette
WHEREAS, on October
8, 2008, Council approved significant structural changes to the City’s
operations and senior management, including OC Transpo; and
WHEREAS a number of
high profile incidents related to OC Transpo (including the recent
maintenance-related service disruptions and increased costs issues associated
with the bus garage and Smart Bus procurements) have raised concerns regarding
the management of transit services in Ottawa; and
WHEREAS the last
comprehensive review of OC Transpo was undertaken by K.P.M.G. in 1998;
THEREFORE BE IT RESOLVED
THAT the City Manager be directed to undertake a comprehensive review of OC
Transpo’s overall operations, including ParaTranspo, by an external third party
transit expert appointed by a committee consisting of the Mayor, the Chair of
the Transit Committee and the City Manager, and provide this review and any
staff response to same to Council prior to the 2011 Budget.
Motion
Moved by Councillor E. El-Chantiry
Seconded by Councillor S. Qadri
WHEREAS, on October
8, 2008, Council approved significant structural changes to the City’s
operations and senior management, including OC Transpo; and
WHEREAS a number of
high profile incidents related to OC Transpo (including the recent
maintenance-related service disruptions and increased costs issues associated
with the bus garage and Smart Bus procurements) have raised concerns regarding
the management of transit services in Ottawa;
THEREFORE BE IT RESOLVED
THAT, once appointed, the Chief Procurement Officer’s first order of business
be to convene a special “Review Panel” comprised of the Auditor General, the
City Clerk and Solicitor and an independent Fairness Commissioner to review and
report to Council on recent procurement initiatives at OC Transpo, including
the bus garage, with recommendations on how to ensure that future procurements
are transparent and fair for all parties.
By-laws Three Readings
MOTION NO. 83/9
Moved by Councillor S. Desroches
Seconded by Councillor A. Cullen
That the by-laws listed on the Agenda under 14,
as amended, Three Readings, be read and passed.
2010 - 27
A by-law of the
City of Ottawa to amend By-law No. 2003-499 respecting fire routes.
2010 - 28
A by-law of the
City of Ottawa to amend By-law No. 2001-301 to appoint Municipal Law
Enforcement Officers in the Infrastructure Services Branch of the Department of
Public Works and Services.
2010 - 29
A by-law of the City
of Ottawa to establish certain lands as common and public highway and assume
them for public use.
2010 - 30
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.
2010 - 31
A by-law of the
City of Ottawa to amend By-law No. 2005-439 regulating permanent signs on
private property.
2010 - 32
A by-law of the
City of Ottawa to amend By-law No. 2003-520 respecting signs and advertising
devices on City roads.
2010 - 33
A by-law of the
City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the
zoning of lands known municipally as 3317 Navan Road.
2010 - 34
A by-law of the City of Ottawa to amend By-law No. 2008-250 of
the City of Ottawa to change the zoning
of lands known municipally as 1515 Earl Armstrong Road.
2010 - 35
A by-law of the City of Ottawa to
amend By-law No. 2008-250 of the City of Ottawa to change the zoning provisions
for part of the land known municipally as 123 Huntmar Drive.
2010 - 36
A
by-law of the City of Ottawa to set the installment due dates and the interest
and penalty rates applicable to the collection of property taxes for 2010.
2010 - 37
A by-law of the City of Ottawa to establish certain
lands as common and public highway and assume it for public use (Half Moon Bay,
Carina Crescent, Dorado Way, Callisto Way, Tucana Way).
CARRIED
Confirmation By-law
MOTION NO. 83/10
Moved by
Councillor S. Desroches
Seconded
by Councillor A. Cullen
THAT By-law 2010-38 to confirm the proceedings of
Council be enacted and passed.
CARRIED
Inquiries
From Councillor R. Bloess with respect to the contract for Orgaworld.
Adjournment
Council
adjourned the meeting at 12:10 p.m.
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CITY CLERK |
|
MAYOR |
REVISED DOCUMENT 4
The City is committed to the highest standards of integrity with respect to dealing with vendor complaints, which shall be handled with fairness and equity for all participants. To that end, and consistent with the recommendations made by Madam Justice Bellamy, it is recommended that the City adopt the following process to assess and address any complaint received from an unsuccessful bidder. The proposed process provides unsuccessful bidders with a timely and objective review of their complaint. The Chief Procurement Officer and/or the City’s contact person identified in a procurement process will be the only official points of contact for the complaint and bidders shall not contact either elected representatives or other staff regarding the complaint when the comprehensive complaints process is engaged.
Phase One: Debriefing
In an effort to minimize the number of formal complaints filed by unsuccessful bidders, the first step in the proposed process would be a mandatory vendor debriefing by City staff. Within five business days from the date upon which they were informed that they had not been selected as the winning bidder, an unsuccessful bidder would have the right to submit a written request for a formal debriefing from the contract authority responsible for the procurement at issue. In response, the City would commit itself to providing formal debriefings within five business days of having received such a request.
The purpose of the mandatory debriefing would be to provide an unsuccessful bidder with an opportunity to learn why their bid was not selected for contract award. The topics to be discussed at the debriefing are outlined in Appendix “A” to this Report. An unsuccessful bidder would not be permitted to file a formal complaint if they have not first sought and attended a vendor debriefing. If the bidder remains dissatisfied after the debriefing, they would then have an additional ten business days to prepare and file a formal complaint.
Phase Two: Preliminary
Screening
A formal complaint would be made in writing and addressed to the Chief Procurement Officer. A complaint would have to contain the identity of the complainant and the procurement process at issue as well as a clear and detailed statement of the legal and/or factual grounds upon which the complaint is based. The complaint should also include, as attachments, any information or documents relevant to the complaint that are in the bidder’s possession. Unsuccessful bidders should be advised that their complaint will be their sole opportunity to present their case, and should therefore be drafted accordingly.
Within five business days of having received a properly documented complaint, the Chief Procurement Officer would determine whether or not it discloses a reasonable indication that the procurement was not carried out in accordance with the City’s procurement policies and/or the terms of the procurement process. A ‘reasonable indication’ would likely be shown if there is credible information to indicate that a breach of the terms of the procurement process or City policies has occurred. If the Chief Procurement Officer concludes that the complaint does not disclose such a reasonable indication, no further review of the complaint will take place and the contract shall be awarded in accordance with the City’s Purchasing By-Law.
If the complaint is found to disclose a reasonable indication that the procurement was not carried out in accordance with the City’s policies or the terms of the procurement process, the Chief Procurement Officer will refer the matter to a Review Panel (as described in Phase Three below). Unless it will undermine the City’s best interests, final approval of a successful bid and the awarding of the contract shall be postponed pending the outcome of the complaints process. This suspension may be set aside, and final approval for the awarding of a contract may be given, at any time in the complaints process if it is in the City’s best interests to do so.
Phase Three: Formal
Review
Where the Chief Procurement Officer has received a complaint that discloses a reasonable indication that the procurement at issue was not carried out in accordance with the City’s procurement policies and/or the terms of the procurement process, it would be considered by a three person Review Panel comprised of the Chief Procurement Officer, the City Clerk and Solicitor (or a designated lawyer from the Legal Services), and a representative from the Auditor General’s office. If a Fairness Commissioner had been engaged on the procurement at issue, their views would also be sought.
Should the City wish to keep the report from Supply Management staff confidential, consideration should be given to having that report compiled and/or submitted through Legal Services. Any views provided by Legal Services would, in the normal course, be protected by solicitor-client privilege. In order to maintain any applicable solicitor-client privilege, as well as the confidentiality of the findings contained therein, any staff report prepared in this manner would not be provided to the complainant.
The Review Panel would then provide a report to the Corporate Services and Economic Development Committee setting out its recommendation for how the complaint should be dealt with. In the case where the Review Panel finds that the procurement policies and/or terms of the procurement process have not been breached, they would most likely recommend that final approval should be given and a contract should be awarded to the successful bidder. If, however, the Review Panel finds that the policies or terms were breached, they could instead recommend that the contract be awarded to the complainant, that the procurement should be cancelled and re-tendered, or that some other form of corrective action be taken. The Review Panel would not be empowered to award any form of financial compensation (lost profits, bid preparation costs, etc…).
The Review Panel report to the Committee would include a description of the procurement process at issue and an overview of the complaint received from the unsuccessful bidder. The Panel report would also recommend a specific course of action including, where appropriate, an explanation why that course of action was recommended in response to the complaint. In the standard course, the Review Panel’s report to the Committee would be made public (except any portion of the report that is protected by solicitor-client privilege). The report would also be submitted to the Committee within twenty business days from the date upon which the Chief Procurement Officer referred the complaint to the Review Panel.
Phase Four: Role
of Committee
The role of the Corporate Services and Economic Development Committee in the process would be to ratify, revise or reject a recommendation made by the Review Panel. While the Committee could hear any delegations in the standard manner, including the unsuccessful bidder who filed the formal complaint, it would not conduct a second separate review of the complaint. Rather it would either endorse the course of action recommended by the Review Panel or adopt an alternative course of action that it considers appropriate under the circumstances and is consistent with the terms of the procurement process and/or the City’s procurement policies.