Community and Protective Services Committee

Comité des services communautaires et de protection

Minutes 5 / Procès-verbal 5

Thursday 15 February 2007, 9:30 a.m.

le jeudi 15 février 2007, 9 h 30

Champlain Room 110 Laurier Avenue West

Salle Champlain, 110, avenue Laurier ouest

Present / Présents: Councillors / Conseillers D. Deans (Chair / Présidente), S. Qadri (Vice Chair / Vice-président), G. Bédard, M. Bellemare, R. Chiarelli, A. Cullen, P. Feltmate, D. Holmes, C. Leadman

DECLARATIONS OF INTEREST

DÉCLARATIONS D’INTÉRÊT

No declarations of interest were filed.

CONFIRMATION OF MINUTES

RATIFICATION DES PROCÈS-VERBAUX

Minutes 3 and Confidential Minutes 2 of the Community and Protective Services Committee meeting held on Thursday, 1 February 2007 were confirmed.

POVERTY ISSUES ADVISORY COMMITTEE

COMITÉ CONSULTATIF SUR LES QUESTIONS LIÉES À LA PAUVRETÉ

1. BASIC DENTAL COVERAGE

ASSURANCE DES SOINS DENTAIRES DE BASE

ACS2007-CCV-POI-0001 CITY WIDE / À L'ÉCHELLE DE LA VILLE

That the Poverty Issues Advisory Committee recommend that the Community and Protective Services Committee recommend that Council lobby the federal and provincial governments to develop a publicly funded oral health care strategy that addresses the need for an increased level of publicly funded dental care to address the needs of all Canadians.

CARRIED

COMMUNITY AND PROTECTIVE SERVICES

SERVICES COMMUNAUTAIRES ET DE PROTECTION

PARKS AND RECREATION

PARCS ET LOISIR

2. 2006 REVIEW ON USAGE RE: ACCESSIBILITY TO CITY PARKS AND HALLS BY NOT-FOR-PROFIT GROUPS

EXAMEN DE 2006 DE L’UTILISATION DES SALLES ET DES PARCS DE LA VILLE – ACCÈS DES GROUPES SANS BUT LUCRATIF

ACS2007-CPS-PAR-0002 CITY WIDE / À L'ÉCHELLE DE LA VILLE

The Committee received a memo dated 13 February 2007 from the Parks and Recreation Advisory Committee supporting the staff recommendation. A copy is held on file.

That the Community and Protective Services Committee recommend that Council approve the revised policy to increase the level of funding to $350 for eligible community associations to further assist with extra service charges incurred at their event.

CARRIED

CULTURAL SERVICES AND COMMUNITY FUNDING

SERVICES CULTURELS ET FINANCEMENT COMMUNAUTAIRE

3. Central ARCHIVES RELOCATION – PROGRAM REQUIREMENTS AND OPTIONs ANALYSIS

RELOCALISATION DES ARCHIVES CENTRALES – eXIGENCES LIÉES AU PROGRAMME ET ANALYSE DES OPTIONs

ACS2007-CPS-CSF-0004 CITY WIDE / À L'ÉCHELLE DE LA VILLE

The Committee received the following correspondence in advance of the meeting. All comments were in support of the staff report:

a. La Régionale Samuel-de-Champlain e-mailed comments dated 3 Feb 07

b. N. Morrison e-mailed comments dated 4 Feb 07

c. A. Hare e-mailed comments dated 30 Jan 07

d. The British Isles Family History Society of Greater Ottawa e-mailed comments dated 12 Feb 07

e. Ontario Genealogical Society (Ottawa Branch) e-mailed comments dated 8 Feb 07

Colleen Hendrick, Director of Cultural Services and Community Funding introduced Gilles Seguin, Program Manager, Heritage Development and provided a detailed overview of the item. A copy of the PowerPoint presentation is held on file.

Councillor Chiarelli expressed some concerns that during the time the planning process for the Centrepointe Lands was being held, there was never mention made of locating the City archives at that site. He did not believe the community is aware of the potential use of this site. The Director responded by stating that staff were involved in that planning process and while she understood that more work has to be done with regards to the development of the lands, reference had been made during the public consultation sessions to an archive as well as potential preservation requirements as part of the Arts and Heritage Plan.

Councillor Feltmate agreed there was some urgency to moving on this issue, noting that a recent tour of the existing facilities revealed health and safety issues as well as an inadequate housing of artefacts and records. Since there had been previous mention of combining the archives with the new central library, and while more research would have to be done to investigate that option, she proposed a Motion, the effect of which would be:

That staff work with the Ottawa Public Library consultants to develop the archives function program plan, identify any opportunities for cost savings and consider site co-location opportunities and report back to Committee within six months.

If approved, the Director confirmed it would not prevent the City from going forward with the Centrepointe lands as an option and in fact, would give staff the additional time to work with the OPL and allow them to get to the next stage.

Chair Deans accepted the Motion as a substitute for the recommendations in the report.

Councillor Bédard asked whether staff investigated former buildings owned by the School Boards as possible options. The Director advised that of the 44 sites considered over different points in time, there had been some preliminary discussions with the school boards in terms of opportunities. However, since that particular climate changes quickly, RPAM was instructed to eliminate school board buildings from the list of possible sites. The councillor felt it was important that staff continue to look for a future site, especially in the downtown. Ms. Hendrick indicated that the timing afforded by the Motion would provide additional time to consider other sites. The councillor referred to several other locations he thought might be appropriate and indicated he would follow up with the Director to convey that list to her.

Chair Deans was also convinced of the need for expansion and believed Ottawa had an important role to play in the preservation of the history of the city. However, she was concerned about the cost associated with this project and wondered if enough had been done to look at other locations, shared spaces, et cetera in order to save money. Ms. Hendrick advised that what staff have presented addresses previous Motions of Council. By comparing with other cities, what is being recommended is not dissimilar to what other major cities are doing in terms of archives. She reiterated that any opportunity for synergies and cost savings would be possible given the proposed Motion and would allow staff to take another look at the staging of the plan with the OPL as well as any potential savings that might be realized if the space was shared. She confirmed that by September, staff would have taken another look at whether or not that can be achieved with the OPL as a way of reducing the current proposal of $18.3M.

The following public delegations were received:

John Reid, Arts, Heritage and Culture Advisory Committee referred to the poor condition of the existing archives and storage facilities throughout the city. He noted that the recommended site at Centrepointe is cost effective, close to a large population, very accessible and is centrally located within the geographic area of the city. He looked forward to additional options identified as a result of the Motion, but advised that they would not want to defer this for too long.

Jean Bruce, Arts, Heritage and Culture Advisory Committee agreed the recommended location is the best place to locate the archives and hoped there is still time to save important documents and artefacts from further deterioration by rehousing these as soon as possible. She supported the concept of putting the archives together with the central public library, noting that that option had previously been explored by the Steering Committee twice in 2005. However, when the P3 proposal was rejected in 2006, the OPL began developing its own long-term plan and the timeline for a new central library and new archives does not appear to be incompatible. That was a disappointment because having them under one roof would be more economical and easier to maintain than to build two separate facilities. She suggested considering a temporary home for the archives if it can lead to an appropriate site for both the archives and the library to be house together.

John Heney, Friends of the City of Ottawa Archives spoke of their support in the protection and nurturing of the community heritage and their approval of the staff recommendations. The more salient comments in his presentation were as follows:

- one particular survey of use of materials at the archives found that 46% of requests were for corporate records for the running of the City; they were not for historic architecture, genealogy nor social history;

- considering the options presented and taking into account leasing, land costs, transit access, growth, et cetera, the Centrepointe Lands are the ideal location;

- community benefits come to the Friends through a strengthening of the collection and to position in the community and partners with Algonquin College in terms of the training in their related programs;

- the recommended site has strong administrative/cost benefits, strong site benefits and strong community benefits (additional details provided in his submission);

- the Friends would like to continue their involvement and supported the need to have the Steering Committee continue with its mandate;

- with regards to the option of joining the archives with the central library, the Friends believe it must be kept in mind that the archives will grow and therefore must have expansion space on the site; further, the holdings of the archives and the OPL are two different functions; the OPL is for the benefit of the community and the archives is the recording repository for the city.

A copy of his submission is held on file.

Councillor Chiarelli referred to the marrying of the central library and the archive and suggested that if the option had been presented in the planning process, there might have been more support from the community. He asked whether Mr. Heney would be willing to speak to the community to explain the nature of the archives and what he thought would be a good fit. He asked if this could take place before staff report back in September and Mr. Heney indicated he would do so.

Mike More, Chair, Ottawa Branch, Ontario Genealogical Society spoke about his organization and their affiliation with other heritage organizations. He made the following comments in support of the Archives relocation plan:

- their branch has been a partner of the City Archives since 1987; members volunteer at the Archives to work with visiting researchers; every day, they provide between three and five volunteers, giving the city thousands of hours of free labour every year;

- the City Archives and the Partners’ libraries provide a unique resource housed under one roof;

- it is vital for the City to preserve the cultural and social history of this area so people will know how and why this city, and the surrounding area, grew through the years; the records of the people and times are held in the collections of the City Archives and its Partners; the preservation of these documents can only be guaranteed by keeping them in a properly designed and constructed facility that will allow the current public and future generations to access these records and learn about the history of Ottawa;

- the City has the opportunity and responsibility to continue providing such a facility for the citizens of Ottawa; the cost may be high but the potential loss of these irreplaceable records is more significant.

A written copy of his presentation is held on file.

Meg Hamilton, Council of Heritage Organizations in Ottawa indicated that the City Archives is a vital resource for all their member groups (80+) and heritage stakeholders. CHOO and the heritage community support the recommendations before the committee and also support the Motion brought forward by Councillor Feltmate, particularly if there are other sites that meet the criteria established by the Steering Committee and users of the Archives. She noted that if this means a potential link with the OPL that is an option they would be pleased to support and follow-up on in the development process. She echoed some other comments made about the urgency of this issue and finding a permanent home for the Archives. They believe that purpose-built archives facility on the Centrepointe lands will provide maximum usability for stakeholders. She reminded committee that it is a civic responsibility to maintain archival records and make them available to all citizens. A city as rich in history as Ottawa needs a forward-looking plan and vision to establish a permanent home for the City Archives.

Kelly Eyamie, student and volunteer in the heritage community spoke about using the archives on a few different occasions as a student and as a volunteer and the work she was able to accomplish through the help of the Archives, including the Heron Road Bridge Disaster that had it’s 40^th anniversary last August. Through her research she realized the importance of properly maintaining the City’s historical records and the need for a facility that guarantees storage that is not overcrowded, is secure, climate controlled and that has long-term capabilities. She fully supported the recommendation in the report.

Daniel German, Eastern Chapter, Archives Association of Ontario indicated there are innumerable documents showing history and they have a pragmatic and written purpose; valuable retention of information. He explained that every successful institution is dependent on the successful use of information and history shows that such information can have an enduring value. It is for that reason in that the City needs archives with responsible staff in order to identify and retain objects. Archives are the heart of accountability because how can the City be held accountable if no history exists.

David C. Knowles, President, C. Robert Craig Memorial Library (the “Railway Library”) spoke as an active researcher at both the City. He noted that their mission is to document Canadian Railways and Ottawa is one of the older railway communities in the country. Their library holds about 3600 slides and it is very important to house them in a controlled atmosphere of storage. Mr. Knowles also indicated that archives serve a very different function than a library: each need different facilities and employ different types of people. He added that preserving books is one thing, but to preserve older records is another thing altogether. They favour continued separation between the two. They very much value the partnership program and fully support the recommendation.

Ken Clavette, Workers' Heritage Centre indicated that the City must seriously move forward on this because currently, there are no strategic plans to say where the City is going to save its history. There is a need for a modern archive facility to keep Ottawa’s history intact.

Rick Strong, private citizen believed that having archives is not an option, but a requirement. He supported the recommended site location, reiterating comments made earlier about the advantages of choosing the Centrepointe lands. He urged the Committee to support the report.

Steve Dezort, Program Manager, Bytown Museum recognized the need for improved facilities where researchers and staff can be accommodated comfortably. He noted there has been an increased demand from the general public to use archived materials, and genealogy is a growing hobby. While he heard comments that this may be an ambitious plan for space, he maintained that the City would realize that all space will be used and it will realize that additional space will be needed in the future. He did not believe it was necessary to mix the OPL and the archives. There is an urgent and growing need for a City archives, especially given that the existing conditions in which material is housed is inadequate for the preservation of material there and there will be a need to meet a very high demand in the future.

David Fleming, Heritage Ottawa related why archives are important. He referred to an example recently dealt with by Planning and Environment Committee where the Committee agreed to place a building under heritage designation because the research conducted through archived material, revealed that it needed such a designation. He agreed the current facility is inadequate for groups, schools, et cetera. The archives have the potential to instil pride in young people of their history. While he urged the Committee to proceed on approval of the report recommendation, he agreed that delaying it the six months necessary to address the new Motion might be of some assistance.

Marie-Marthe Dubois, Société Franco-Ontarienne d’Histoire et de généralogie detailed what her organization does and the pleasure it gives people to share with other societies and to work with material that help them to find out about their family histories. With other associations, they can exchange material and knowledge. She recognized the poor state of the current facility at Sussex Drive and the lack of proper space to work. She indicated that the archives are currently full to capacity and there are documents and things stored elsewhere and often staff have to go back and forth between the various locations and the number of visits have to increase as a result. She agreed that having the archives in the downtown would be convenient, from an economic perspective there is a need for something that is permanent.

Linda Hoad believed that having the archives at Centrepointe Lands could work, but only if Baseline Station is incorporated into the building. She did not believe the site was pedestrian-friendly because it is not close to Algonquin College or to the transit station. She noted that OC Transpo might be moving that station so perhaps they can put some money into the archives. The question of affording two new archives facilities; noted the police are considering having an archives of their own. The City of Ottawa has not supported its archives properly and she encouraged them to proceed, despite the costs.

Michel Prévost, University of Ottawa agreed that archives current facilities are terrible and are in need of change. Having new archives is needed; very important for our students to have because they use the archives and the library. For francophones, the Archives are important because they helped to build this community and it is important to recognize this important contribution.

Willis Burwell, British Isles Family History Society of Greater Ottawa indicated that they have a critical interest in the archives. They are a partner and provide volunteers; last year they made a financial donation through the Friends of the City of Ottawa Archives restoring the Council minute books of the former City of Ottawa. They believed this is a unique opportunity to remedy the problems that exist in the current situation, i.e., housing all the collections, the lack of proper storage facilities, and research for people and the public. The Society supports the construction of a new Centrepointe Lands archives, noting they should be modern, state of the art and a reflection of the national capital.

In considering the report, Councillor Cullen inquired whether staff support the Motion proposed by Councillor Feltmate and how, if approved, it would impact what is currently before the Committee. Ms. Hendrick confirmed that staff is in support of the Motion and should the Committee and Council support it, staff would proceed to the next stage and develop the detailed functional preliminary plan; that would happen immediately before the report comes back in September. She reiterated that the Motion would give staff additional time to come back on additional site options, combining with the OPL, cost savings, et cetera. When asked whether the Committee would consider this report again whether or not there is an OPL option, Steve Kanellakos, Deputy City Manager confirmed this assumption.

Councillor Feltmate indicated that what the Committee should support is the request for the kind of detailed information necessary to make an informed decision. She was assured that the Motion would not serve to slow the process.

Moved by P. Feltmate

That the Community and Protective Services Committee recommend that Council approve the following substitute recommendation:

WHEREAS the Steering Committee has conducted significant research and consultation related to the Relocation of the Central Archives; and

WHEREAS the Ottawa Public Library is currently completing a functional program plan and assessing potential site options for the replacement of the Main Library; and

WHEREAS there may be opportunities to create synergies with the Ottawa Public Library and to identify savings in a co-located Library and Archives plan; and

WHEREAS there may be additional site options that could be considered; and

WHEREAS Funds are available to complete the Archives functional program plan in capital project number 903471;

THEREFORE BE IT RESOLVED that Cultural Services staff in conjunction with the Archives Steering Committee be directed to work with the Ottawa Public Library consultants to develop the Archives functional program plan, identify any opportunities for cost savings and consider site co-location opportunities and report back to Committee within six months in order to consider the implications as part of the 2008 budget process.

CARRIED, as amended

BY-LAW SERVICES

SERVICE DES RÈGLEMENTS MUNICIPAUX

4. License committee

COMITÉ DES PERMIS

ACS2007-CPS-BYL-0003

Chair Deans advised that Councillors McRae and Thompson, who are currently members of the interim License Committee, are interested in staying on. She noted that the Committee is requested to recommend the appointment of six members of Council, three of which should sit on the Community and Protective Services Committee, to the panel from which the License Committee will be drawn.

Moved by D. Holmes

That Councillor Leadman be appointed to the panel.

Councillor Leadman accepted the nomination. Councillors Chiarelli, Qadri and Bellemare indicated they too would put their names forward.

That the Community and Protective Services Committee recommend to Council the appointment of Councillors Bellemare, Chiarelli, McRae, Leadman, Qadri and Thompson to the panel from which the License Committee membership shall be drawn.

CARRIED

5. Licensing BY-law 2002-189 – Schedule 2 - relating to driving School operators and driving instructors – Amendments to prohibit Driving instruction within a defined area

RÈGLEMENT MUNICIPAL 2002‑189 SUR LES PERMIS – ANNEXE N^O 2 – RELATIVEMENT AUX EXPLOITANTS ET AUX MONITEURS D’AUTO-ÉCOLES – MODIFICATIONS VISANT À INTERDIRE LES LEÇONS DECONDUITE DANS UN SECTEUR DÉLIMITÉ

ACS2007-CPS-BYL-0005 BEACON HILL-CYRVILLE (11)

The committee received written comments in support of the staff recommendation from the following:

a. Mr. & Mrs. B. Mansfield e-mailed comments of 14 Feb 07

b. M. Corrigan letter dated 15 Feb 07

c. Mr. & Mrs. M. Spender e-mailed comments of 14 Feb 07

d. Mr. & Mrs. G. Maloley e-mailed comments of 14 Feb 07

e. N. Walsh e-mailed comments of 14 Feb 07

f. Mr. & Mrs. J. Wiltse e-mailed comments of 13 Feb 07

g. J.J. Young e-mailed comments of 13 Feb 07

h. S. Stitt e-mailed comments of 12 Feb 07

i. R.C. Jackson e-mailed comments of 10 Feb 07

j. B. Moore e-mailed comments of 11 Feb 07

k. N. Levecque e-mailed comments of 9 Feb 07

l. M. Raymond letter dated 14 Feb 07

m. Mr. & Mrs. Cowdery e-mailed comments of 14 Feb 07

n. Mr. & Mrs. W. Gibson e-mailed comments of 15 Feb 07

o. D. Gignac e-mailed comments of 15 Feb 07

p. A. Larouche letter dated 15 Feb 07

q. T. Cook letter dated 14 Feb 07

r. S. Cook letter dated 14 Feb 07

Verbal comments were also provided to the Committee members via a transcription from D. Maneri of Beacon Hill North in support of the staff report.

The following submissions were received in opposition to the staff report:

a.. Mr. & Mrs. K. MacLean e-mailed comments of 13 Feb 07

b. F. Behjati letter dated 15 Feb 07

Copies of all documentation noted above and throughout the Minutes are held on file.

Following a general overview of the report by Susan Jones, Director of By-law Services, the Committee received the following public delegations:

Frandezy Mede maintained that driving instructors are professional drivers who would not allow their students to drive recklessly or hit other vehicles without alerting the owner of that vehicle. He added that instructors are trained to drive properly and he found it difficult to believe some of the complaints he has heard about from residents. He suggested all complaints should be checked out carefully before implementing a by-law that will affect the livelihood of driving instructor schools.

In response to his comments that no accidents have occurred, Councillor Bellemare remarked that he has heard on numerous occasions from residents whose vehicles have been damaged while they have been parked on the road. He referred to the initial letter sent to all driving schools dated 7 November 2005 advising them of the concerns raised by residents because of the number of individual driving schools using the area immediately adjacent to the Drive Test Centre on Canotek Road. The letter suggested that instructors not use the residential streets for student instruction and that the situation would be monitored to determine if a decrease in this particular type of traffic occurs. Mr. Mede explained that he had not received that letter.

Henry Horovitz, independent driving instructor explained that he has over 20 years of teaching experience in this field. He believed the concerns expressed by residents is less a safety concern and more a concern of inconvenience because of increased traffic in the area. He commented that instructor vehicles are the safest vehicles in the city as they are equipped with dual braking system and mirrors. He was concerned about loss of income to driving schools as a result of not being able to provide driving instruction in this area.

Sameh Israil, All Pros Driving School stated that according to the Highway Traffic Act, he is allowed to drive students on any street in the city. He noted that people driving on the street want to drive faster than the students who are learning to keep within the speed limit and he believed this was causing frustration for those individuals. He explained that implementing this by-law would make their job harder because it is not easy to teach new drivers. He noted that many parents are teaching their own kids, but they are not qualified to teach in the same manner as a licensed driving instructor.

Philip Abdul-Ahad, All Pro Driving School stated that this problem did not exist when they practiced in the area of Tremblay Road where the other Drive Test Centre is located. He explained that even though driving instructors have tried to respect what residents have asked, they still receive complaints. As a driving instructor, he lets parents know that the students will be taken to the same area where they will get tested and he wanted to stay firm to that commitment. He asked where they were supposed to go if they could not practice in this area. He too had not heard of any accidents involving a driving instructor vehicle.

Jen Robillard, Right-On Driving School believed that the more educated the driver, the better the driver will be. She felt the Drive Test Centre should have been located in a less residential area because she did not agree with blocking off an entire area for schools because it is inconvenient for residents. Instead, she suggested putting limitations on the times when instruction is given. She recognized that there will be situations where parents or friends instruct students, but as previously mentioned, their vehicles are not equipped with the additional safety mechanisms that licensed driving instructor vehicles have.

Yosef Hailu, Right-On Driving School advised that accident and collision rates have been reduced by 30% since the driving instructor program was put in place and insurance companies give discounts to new drivers who take driving lessons. He noted that one of their main sources of income is taking students for drive tests. He believed approval of this by-law might open the door for illegal access by other unsigned vehicles and the situation could become worse. He hoped the Committee would not support the staff recommendation.

In response to questions posed by Councillor Leadman, Mr. Hailu advised that their school has not had any accidents in a number of years and should an accident occur, there are policies in place to ensure the incident is reported to the police and insurance companies. Also, every instructor has to retake his or her instructor license every three to four years.

Ilona Al-Khafaji, Right-On Driving School believed this was an issue of driver education. She echoed many comments from previous speakers, noting that if the by-law is implemented and driving instructors are restricted from using those streets, then parents will take their own kids there instead and this type of traffic will still be present in the community, but with uncertified instructors in the vehicles with students.

When asked whether MTO examiners can be prohibited from conducting drive tests in the residential area, Ms. Jones advised that they couldn’t be because they are at a higher level of government.

David Gerard, Right-On Driving School Inc., noted that some instructors spend the majority of the ten hours allotted to the student around Canotek Road, which, in his opinion, is wrong. He suggested that instructors should show their students the license bureau and explain to them what they need to do, then spend the rest of the driving time elsewhere.

Ray Frendo, Ottawa Driving School stated that wherever there is a driving school or Drive Test Centre, the result would be increased traffic in the area of those facilities. As a resident of Hubbard Crescent in Beacon Hill North also, he appreciated the number of vehicles that use the street and he indicated he would not want the driving schools there either, but the root of the problem is that is where the Drive Test Centre is located. He believed the City is discriminating against him and his business by restricting him from this area, although the by-law proposes to exempt MTO officials that conduct the final test. He noted these instructors use unidentified vehicles and he wondered whether it should be mandatory that their vehicles be signed accordingly. He did not believe implementing the by-law would stop the problem because driving schools will take their signs off the roof of the vehicle and parents, friends and unlicensed instructors will conduct practices without the proper insurance. He believed the solution would be to give driving schools a place where they can practice and also to educate the public about the implications of driving schools and Drive Test Centres in their community.

Wendy Shaughnessy, resident spoke as a concerned parent with regards to the increase in traffic in the neighbourhood. She noted that without sidewalks, the children in the community have to walk on the side of the road and she was particularly concerned for their safety when students were practicing or taking their tests on the same streets. She commented that a student driving trying to parallel park near her home has damaged her lawn and she acknowledged the damage that has also been done to parked cars on the street. She did not believe it was right that they have to pay the associated insurance costs when student drivers do damage to their vehicles. She believed that unsigned vehicles are particularly dangerous because it is more difficult to identify them and while she agreed students need to practice in order to obtain their license, there should be specific streets identified for this purpose.

Jean Roussin, Circuit Driving School referred to the safety issues in the area that have been raised and pointed out several left-hand turns that students are being told to make which he believed were too dangerous because they were unprotected intersections i.e., there was no left-turn arrow or advanced green light. The intersections he found to be particularly dangerous were highlighted on a map and circulated to Committee members. He believed it was a safety concern if students are not shown what to watch for in that area. He suggested By-law officers should be sent out to look at those intersections and provide their comments with regards to taking inexperienced drivers through those intersections.

In response to his concerns about the dangerous intersections, Councillor Leadman made note of the fact that it is the job of the instructor to teach a driver to make those particular movements. She felt his concern was related more to the actual designs of those particular intersections, rather than whether or not By-law Services should review the movement. She did ask, however, whether there had ever been a move to prohibit a driving school from using a specific area and Ms. Jones explained that the only place they couldn’t practice is in City parks. In response to additional questions posed by the councillor, Ms. Jones confirmed there was never a problem with traffic in this area until the Drive Test Centre opened up on Canotek Road. She indicated she did not have any police statistics on accident reports related to the traffic increase.

Councillor Chiarelli inquired what other steps besides the proposed by-law have been investigated and Ms. Jones advised that they had sent a letter to the industry asking for their cooperation, recognizing the fact there are many areas in the city that individuals can learn to drive on. It was felt to be easier to dilute the issue and have driving schools work across the city. What happens is that those schools compete for business and they offer to take new drivers into the test area and teach them how to drive so they can pass the first time. Councillor Chiarelli noted that the MTO wants the Drive Test Centre to be in a mixed, commercial, residential area to ensure the test crosses over both types of urban forms. He went on to state that when the City dealt with noise issues, by-law enforcement got involved to develop a noise management plan and he wondered whether the driving school industry would be willing to get involved in drawing up a drive management plan so that students could achieve their objective by visiting the area but spreading out the visits in order to achieve a balance. Mr. Roussin was willing to be involved in such a proposal. When asked whether that could be successful, Ms. Jones advised that it is labour intensive and what staff are recommending today is more cost effective. She emphasized that if driving instructors are teaching students to drive, they should be taught to do so in all areas of the city. She indicated there are 42 licensed driving schools in the city.

Donald Tarte, Stu’s Driving School noted that the proposed by-law would exempt MTO drive test instructors from the restriction. He agreed Canotek Road is a bad location for a Drive Test Centre, and felt problems stem from selecting the wrong area for such facilities.

Councillor Holmes referred to the apparently inappropriate location of the Centre and asked whether there was anything in the zoning by-law that talks about locating such a facility a prescribed distance from a residential area. Ms. Jones indicated that the issue is having an industrial park located right beside a residential area. By looking at the zoning by-law, the municipality would probably always allow a driving school to operate out of an industrial park because this is where they would want them to be. She added that the present test site is well located within the industrial park and while they are using their roads, they are going outside that area as well.

While she understood the concerns raised by the ward councillor and residents, Councillor Leadman wondered whether the answer was to restrict driving instructors from practicing in this particular area. She thought the expectation that something will be resolved might actually not come to fruition and she wondered whether the wrong people are being penalized in this situation. She believed the ripple effect would be that driving instructors would simply take their students to other neighbourhoods, hence moving the problem from one area to another. Ms. Jones explained that the problem exists because this is the area where drivers are tested; however, if they are prohibited from using this area, they will disperse themselves in other areas of the city. She went on to state that there is no advantage to them testing nearby; the advantage to the schools right now is instructing in exactly the same area where they will be tested. Therefore, if they cannot instruct in this area, there is no advantage to them testing in a nearby neighbourhood and they can instruct anywhere throughout the city. The councillor preferred that another alternative be considered instead of what she deemed to be a heavy-handed approach to a problem. Ms. Jones advised that for two of the 10 hours they instruct, they are all in a specific area, but for the remaining eight hours, they are dispersed throughout the city.

Councillor Feltmate raised similar concerns of Councillor Leadman regarding the ripple effect this may cause. While she understood these concerns, Ms. Jones indicated the situation would be monitored. The same concerns are not received from residents near the Walkley Road site because it is mostly high-rises in that community.

Ralph Smith, resident indicated he just recently received the letter advising of this meeting and he was concerned there were other residents who may not be aware this issue is being considered today. He was concerned that student drivers are using his car as practice for parallel parking, noting that some cars have even bit hit when they were parked in the driveway. Some neighbours have put pylons around their vehicles to prevent the student drivers getting too close. He explained that he did not have a problem with driving instructors coming into the community, but he was concerned that they line up and down the street waiting to practice a parking manoeuvre on a parked car. He accepted the fact that when the student goes for their test, they will use the streets in the community.

George Maloley, resident remarked that a student driver while receiving driving instruction had hit his car. He recognized that there is no perfect solution, but agreed that the proposed by-law will address many of the concerns raised by residents. He agreed that the Drive Test Centre is very badly placed. He supported the proposed by-law, suggesting it was the only feasible thing in terms of controlling the volume of student drivers in the area.

When asked whether the City could advise the Drive Test Centre not to test in that area, Ms. Jones advised that staff could make that request, but indicated that the municipality has no legal ability to impose this on them legally.

Councillor Bellemare summarized by making the following comments:

- the MTO is cognisant of the concerns raised and encourages the Drive Test Centre to vary their routes when testing;

- he understood the viewpoint put forward by driving schools and them wanting to give their students the edge by practicing in the area where the test will be; however, the problem has imposed a double burden on one neighbourhood;

- it is more than just an inconvenience for residents; cars have been hit resulting in insurance claims having to be filed, et cetera; therefore, a balance must be struck to address these concerns;

- the City cannot close the Drive Test Centre and parents cannot be prevented from taking their kids and driving on those streets; however, what the City can do is impose, as a condition of license, restrictions on the driving schools;

- similar by-laws have been implemented successfully in other jurisdictions;

- if, after a period of time the by-law does not appear to be successful, then the issue can be revisited.

Councillor Leadman inquired whether the by-law can be implemented on a pilot project basis and was informed by the Director it could and that staff could report back in one year with details on what impact it has had. Councillor Bellemare agreed it would be useful to have staff report back in one year on the effect and he agreed that such direction could be provided to staff.

That the Community and Protective Services Committee recommend that Council approve amendments to Schedule 2 of By-law 2002-189, as detailed in document 1, to prohibit driving instruction within a defined area adjacent to the Ministry of Transportation test facility at 5303 Canotek Road.

CARRIED

Moved by C. Leadman

That staff be directed to implement this By-law on a pilot project basis and report back to the Committee in one year on the effectiveness of the by-law.

CARRIED

6. PET REGISTRATION FEE review

RÉVISION DES DROITS D’ENREGISTREMENT DES ANIMAUX DE COMPAGNIE

ACS2007-CPS-BYL-0007

Councillor Feltmate wondered whether the proposed registration fee ($100) for each dog whose owner has been convicted of permitting the dog to bite was enough. Ms. Jones explained that if the fee was too high, they might spend more time and enforcement trying to collect that fee. In light of the fine increase, the councillor asked whether the City could limit the number of animals a person can have in their home. Ms. Jones suggested the City could look into such an amendment to the by-law. The councillor asked that staff take that into consideration and report back to Committee before the 2008 budget. The Director advised that staff would be reporting back with regards to the Dog Owner’s Liability Act that was amended last year and staff can combine the councillor’s request into the same report.

That the Community and Protective Services Committee recommend that Council enact a by-law, to take effect March 15, 2007, to amend the Animal Care and Control By-law No. 2003-77 as outlined in Document 1 to:

a) amend the existing fees for pet registration and pound redemption as detailed in Schedule “A” of the amending by-law;

b) include in Schedule “A” a registration fee of $10 for a sterilized and microchipped dog six months of age or older;

c) include in Schedule “A” a registration fee of $10 for a sterilized and microchipped cat six months of age or older;

d) exempt sterilized and microchipped dogs and cats registered prior to the date of enactment of the amending by-law from the requirement to pay a pet registration fee;

e) include a new registration fee for a dog whose owner has been convicted of permitting the dog to bite or attack, without provocation, a person or domestic animal.

CARRIED

7. LICENSING - BY-LAW NO. L6-2000 – SCHEDULE 12 - ELECTRICAL CONTRACTORS AND MASTER ELECTRICIANS – REPEAL

PERMIS – REGLEMENT NUMERO L6-2000 – ANNEXE 12 – CONTRACTEURS EN ELECTRICITE ET MAITRE ELECTRICIENS - ABROGATION

ACS2007-CPS-BYL-0004 CITY WIDE / À L'ÉCHELLE DE LA VILLE

That the Community and Protective Services Committee recommend that Council approve the repeal of Schedule 12 - Relating to Electrical Contractors and Master Electricians and related Definitions, and Procedural and General Provisions of Licensing By-law Number L6-2000 of the former City of Ottawa.

CARRIED

8. APPOINTMENT OF Lottery Licensing Officer and lottery investigators

NOMINATION D’UN AGENT DES LICENCES DE LOTERIE ET D’INSPECTEURs DES LOTERIES

ACS2007-CPS-BYL-0006

That the Community and Protective Services Committee recommend to Council that By-law 2001-8 to appoint the Lottery Licensing Officer and a Lottery Investigator for the City of Ottawa be repealed and replaced with the by-law attached as Document 1, to appoint said Officer and Investigators to reflect organizational changes.

CARRIED

DEPUTY CITY MANAGER

DIRECTEUR MUNICIPAL ADJOINT

9. BRANCH PROCESS REVIEW RESULTS - BY-LAW AND REGULATORY SERVICES

Résultats De l’EXAMEN DES PROCESSUS ADMINISTRATIFS EN VIGUEUR DANS LES DIRECTIONS - Services des règlements municipaux

ACS2007-CPS-DCM-0001 CITY WIDE / À L'ÉCHELLE DE LA VILLE

That the Community and Protective Services Committee receive this report for information.

CARRIED

HOUSING

LOGEMENT

10. SOCIAL HOUSING REFORM ACT

Loi sur la réforme du logement social

ACS2007-CPS-HOU-0005 CITY WIDE / À L'ÉCHELLE DE LA VILLE

While she acknowledged that the problems with the Act are clearly outlined in the report, Councillor Holmes noted there are no solutions provided and she wanted to send a strong and clear message to the province explaining that the City wants the ability to work with housing providers and to have its own system of regulation.

Russell Mawby, Director of Housing, explained that the upcoming provincial Local Services Review process is where this question will be addressed. The results of this process will come back to the Association of Municipalities of Ontario (AMO) for ratification. He added that the Social Housing Services Corporation has developed a position paper for local services review that makes the case for changes to the legislation itself. Responding to further comments from the councillor, Mr. Mawby explained that staff intends to work with the stakeholders in the community to put together an Ottawa position, not just on the regulations, but also issues regarding legislation and how things are funded.

Moved by D. Holmes

That the report be amended to include a statement that the City of Ottawa believes strongly that the province needs to amend regulations in the SHRA and to fundamentally address problems in the Act itself.

CARRIED

That the Community and Protective Services Committee recommend that City Council receive this report for information and direct staff to submit a copy of this report to the Ministry of Municipal Affairs and Housing as a submission to the current Provincial review of the Social Housing Reform Act.

CARRIED, as amended

11. STREETS TO HOMES INITIATIVE FOR ADDRESSING HOMELESSNESS

INITIATIVES « DE LA RUe à un logement » POUR ATTÉNUER LE PROBLÈME DES SANS‑ABRI

ACS2007-CPS-HOU-0004

Russell Mawby, Director of Housing, provided a brief overview of the report.

Councillor Holmes distributed copies of an editorial from the Ottawa Citizen dated December 11, 2006 which detailed the costs associated with dealing with the homeless vs. putting them in their own housing and providing the necessary supports. The article refers to a study conducted in the U.S., which proves that it is less expensive to house the homeless.

The councillor indicated that some of the details not provided in the staff report are the number of days a homeless person spends in a hospital, jail, et cetera and without these numbers it is very hard to convince the province that they are spending money on mental health, jail, emergency services and other services being provided. She believed this is the argument that needs to be made in order to get the senior levels of government to provide the necessary funding to the municipality to provide real support services combined with housing.

Mr. Mawby agreed, and explained that this type of study has not been done in Canada, but agreed that such statistics would be helpful. He believed the service system in Ottawa is performing well with the available resources, despite the absence of financial support and made note of the fact the federal government is replacing the SCPI funding with another funding program for the homeless. He believed it would be perfect timing for the City to undertake some of that work.

On behalf of Chair Deans, the following Motion was put forward:

Moved by D. Holmes

Whereas homelessness is a serious concern that City Council wishes to address;

And whereas it has been demonstrated that housing and support services are a necessary part of a solution to the homeless situation;

And whereas the New York Model has demonstrated that understanding and having the ability to identify the cost implications in addition to the social impacts of the homelessness issue is a key component of a homelessness strategy;

And whereas the New York Model effectively builds a business case that demonstrates the return on investment of providing housing and housing support services to achieve the outcome of moving homeless individuals to homes;

And whereas it would be helpful in finding lasting solutions to this important issue, to have a clear understanding of the costs to the social safety net of a homeless person in Ottawa;

Therefore be it resolved that staff complete a business case similar to the New York Model for the City of Ottawa, that analyzes the current costs of municipal services provided to the homeless population in Ottawa versus costs associated with properly funded supportive housing options and that identifies where we can maximize the value of the current community investments to directly contribute to the achievement of the objectives of a housing first strategy and that staff provide a progress report back to the Community and Protective Services Committee by fall 2007.

CARRIED

Councillor Holmes asked that the article from the Ottawa Citizen be included in the report to Council.

That Community and Protective Services Committee receive this report for information

RECEIVED

OTTAWA FIRE SERVICES

SERVICES D’INCENDIES D’OTTAWA

12. MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES AND THE CITY OF OTTAWA - CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR AND EXPLOSIVE / HAZMAT TEAM

PROTOCOLE D'ENTENTE ENTRE LE MINISTRE DE LA SÉCURITÉ COMMUNAUTAIRE ET DES SERVICES CORRECTIONNELS ET LA VILLE D'OTTAWA - ÉQUIPE D'INTERVENTION EN CAS D'ALERTES AUX PRODUITS CHIMIQUES, BIOLOGIQUES, RADIOLOGIQUES, NUCLÉAIRES OU EXPLOSIFS OU AUX MATIÈRES DANGEREUSES

ACS2007-CPS-OFS-0001 CITY WIDE / À L'ÉCHELLE DE LA VILLE

That the Community and Protective Services Committee recommend that Council:

1. Approve the attached renewal Memorandum of Understanding (MOU) between the Ministry of Community Safety and Correctional Services and the City of Ottawa respecting the establishment and operation of a Level 3 Provincial CBRNE / Hazmat Response Team and delegated authority to the Fire Chief to sign the MOU on behalf of the City; and

2. Approve, subject to approval of Recommendation 1, authority for the Ottawa CBRNE / Hazmat Team to respond to CBRNE/Hazmat emergencies outside the territorial jurisdiction of the municipality of the City of Ottawa in keeping with the terms of the MOU.

CARRIED

INQUIRIES

DEMANDES DE RENSEIGNEMENTS

By-law re Use of Barbecues

Councillor Feltmate noted that the City has by-laws regulating conditions under which fires may be set in open air as well as policies on using and transporting propane cylinders. However, it is not clear if the City has a by-law and/or a fire code regulating the use of barbecues on condominium and apartment building balconies and she asked when the Committee can expect a report on a by-law that restricts where a barbecue can be located and used.

Referral Motions

Councillor Holmes inquired about the two Motions referred from Council on 15 January and subsequently rejected by the Committee on 1 February. It was understood at that time that the Motions did not have to go back to Council, but staff now indicate that they do. Donna Gray, Manager, Strategic Initiatives/BusinessPlan, advised that it is the opinion of the City Solicitor that because Council originally referred the Motions, then the Committee recommendation should go back through Council for consideration. She confirmed that Council could very well redirect it back to the Committee for the appropriate consultation.

The Coordinator was directed to ensure that the agencies who had originally signed up to speak to the matter on 1 February and who did not because the committee rejected the motions during the consent agenda, were contacted and encouraged to attend during the public consultation portion of council budget next week.

ADJOURNMENT

LEVÉE DE LA SÉANCE

The meeting adjourned at 3:55 p.m.

Original signed by Original signed by

R. Nelson Councillor D. Deans