4. Removal of Barriers on Sussex Drive at Mackenzie Avenue

Enlèvement des barrières sur la promenade sussex, à l’angle de l’avenue mackenzie

Committee Recommendation as amended

That Council approve:

1. That the City of Ottawa request that the RCMP and the Embassy of the United States consult with the City of Ottawa for the speedy removal of the barriers on Sussex Drive and Mackenzie Avenue, and report back to committee.

2. That Clarence Street be restored to its former two-way street status.

Recommandation Modifees

Que le Conseil municipal approuve :

1. Que la Ville d’Ottawa demande à la GRC et à l’Ambassade des États-Unis de consulter la Ville d’Ottawa concernant l’enlèvement immédiat des barrières sur la promenade Sussex et l’avenue Mackenzie, et en faire rapport au comité.

2. Que la circulation à double sens soit rétablie dans la rue Clarence.

Documentation

1. Coordinator, Transportation and Transit Committee report dated 01 May 2002 is immediately attached (ACS2002-CCS-TTC-0004).

2. The following supporting documentation immediately follows the report:

a. Response to Inquiry TTC-03-02 dated 7 February 2002

b. General Manager, Transportation, Utilities and Public Works memo dated 14 May 2002

3. A draft Extract of Minutes, 15 May 2002, will be distributed prior to Council and will include the voting record.

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Next Item: Page 104

Report to/Rapport au:

Transportation and Transit Committee/

Comité des transports et des services de transport en commun

01 May 2002 / 01 mai 2002

Submitted by/Soumis par: Rosemary Nelson, Committee Co-ordinator/

Coordonnatrice du comité,

Corporate Services Department/Services généaux

Contact/Personne-ressource: Rosemary Nelson 580-2424, ext. 21624, Rosemary.Nelson@city.ottawa.on.ca

Ref N°:ACS2002-CCS-TTC-0004

SUBJECT: REMOVAL OF BARRIERS ON SUSSEX DRIVE AT MACKENZIE AVENUE – MOTION

OBJET: ENLÈVEMENT DES BARRIÈRES SUR LA PROMENADE SUSSEX, À L’ANGLE DE L’AVENUE MACKENZIE – MOTION

REPORT RECOMMENDATION

That the Transportation and Transit Committee recommend Council approve the removal of the concrete barriers blocking traffic on Sussex Drive and Mackenzie Avenue before the end of June 2002 in order to accommodate both the citizens of Ottawa and the Canada Day celebrations on July 1.

RECOMMANDATION DU RAPPORT

Que le Comité des transports et des services de transport en commun recommande au Conseil municipal d’approuver l’enlèvement des murets de béton bloquant la circulation sur la promenade Sussex et l’avenue Mackenzie avant la fin de juin 2002 afin de tenir compte des besoins des résidents d’Ottawa et des célébrations de la Fête du Canada le 1^er  juillet.

BACKGROUND

At the Transportation and Transit Committee meeting on 1 May 2002, Councillor Cullen submitted the following Notice of Motion:

That the concrete barriers blocking traffic on Sussex Drive and Mackenzie Avenue be removed before the end of June 2002 in order to accommodate both the citizens of Ottawa and the Canada Day celebrations on July 1.

This Motion is now before committee for consideration.

	Council Member Inquiry/Motion Form Demande de renseignements d’un membre du Conseil /Formulaire de motion
	From/Exp. : Rosemary Nelson, Coord. Transportation and Transit Committee	Date: 7 February 2002		File/Dossier : ACM7160/0200
	To/Dest. : General Manager, Transportation, Utilities and Public Works cc Councillor Cullen, Bay Ward
	Subject/Objet : Outstanding Inquiry No. TTC-03-02 – TTC meeting 06 February 2002 Inquiry/Demande de renseignements : Councillor Cullen advised that concrete barriers are blocking traffic lanes on MacKenzie Avenue and on Sussex Drive, on both sides of the American Embassy. These have been in place since September 2001. Normally, changes in public road configurations involve a public process and a decision by committee and Council, but to his knowledge, this has not occurred. The councillor asked that staff inform committee how these barriers were placed on MacKenzie Avenue and Sussex Drive, what role (if any) the City played in this process and when these barriers will be removed. Response/Réponse: 23 April 2002 On 30 October 2001, at the request of the RCMP, staff from TUPW and Police Services met U.S. Embassy officials to discuss the need for upgraded security measures. At that meeting, officials of the Embassy requested that all necessary precautions be taken to protect their assets, including: Installing jersey barrier along Sussex Drive to close the westerly curb lane between Murray Street and the northerly crosswalk at York Street; Installing jersey barrier along Mackenzie Avenue to close the easterly curb lane between Murray Street and the pedestrian staircase leading to York Street; and, 3. Changing the most westerly block of Clarence Street (between Sussex Drive and Parent Street) from two-way to one-way eastbound operation.
	The message heard throughout the meeting was that these changes were "precautionary" and "temporary" and that the RCMP would review the need for the barricades on a regular basis. When the security threat diminished, the barricades would be removed. In reviewing the request, TUPW staff determined that the changes could be implemented immediately with minimum impacts on traffic flows in the area. The changes would not compromise pedestrian safety or mobility as all sidewalks, crosswalks and curb depressions would still be accessible. Immediately following the meeting, Councillor Meilleur and the Chair of the Byward Market BIA were informed of the request. Both were concerned about impacts the measures would have on local residents and businesses. The measures were installed on Tuesday, 6 November 2001 and since then, TUPW staff has liaised with Ottawa Police Services, the RCMP and Embassy officials on a regular basis to monitor the continued need for the temporary measures. In response to the most recent inquiry of 5 April 2001, the RCMP informed Ottawa Police Services that there is still no foreseen date for removal of the barriers or for reinstating two-way operation on Clarence Street. The need for barriers is under constant review based on world events, especially those in the Middle East and on threat and risk assessments that are continually being updated. Also, the RCMP meets regularly with U.S. Embassy officials, the local Liberal MP Caucus, the Byward Market BIA and Councillor Meilleur, to keep them apprised of the situation. As noted by Councillor Cullen, changes in roadway operations or to traffic controls normally follow a public process. In this case, that process was not followed because under the Vienna Convention, the protection of embassies and consulates is a legal obligation of the host country and is therefore, a federal responsibility. Further, the Department of Foreign Affairs and the RCMP may unilaterally impose whatever measures they deem appropriate in carrying out that responsibility. Accordingly, on receipt of such requests, TUPW staff work with Foreign Affairs and the RCMP to find a balance between security needs for the embassy and the mobility needs of the travelling public. Staff convey that information immediately to the affected ward Councillor(s) and then implement the agreed upon changes as expeditiously as possible. R.T. Leclair c.c. M. Flainek, Director, Traffic & Parking Operations R. Nelson, Committee Coordinator, Transit & Transportation D. Bombadieri, General Manager’s Office, TUPW
M E M O / N O T E D E S E R V I C E

To / Destinataire	ToChair, Transportation and Transit Committee	File/N° de fichier: File Number
From / Expéditeur	FromGeneral Manager, Transportation, Utilities and Public Works
Subject / Objet	SubjectTransportation and Transit Committee Meeting of 15 May 2002 Item 5 U.S. Embassy Restrictions	Date: Date14 May 2002

At its meeting of 15 May 2002, the Transportation and Transit Committee will consider a motion from Councillor Cullen with respect to the removal of the barriers currently in place on Sussex Drive and MacKenzie Avenue at the request of the U.S. Embassy.

That motion provides “That the concrete barriers blocking traffic on Sussex Drive and MacKenzie Avenue be removed before the end of June 2002 in order to accommodate both the citizens of Ottawa and the Canada Day celebrations on 1 July.”

You have requested a legal opinion with respect to the Transportation and Transit Committee’s authority to deal with this particular motion.

In an email dated 10 May 2002, our Legal staff has advised that the issue of the barricades and their removal is an item properly before the Transportation and Transit Committee for discussion, as the by-law authorizing encroachments on the City’s road allowance also provides for the removal of an authorized encroachment.

However, although the Committee may discuss the matter, because these barriers are required by the RCMP as a means of meeting the USA security requirements, the City cannot remove them. To do so would impinge on the ability of the RCMP to carry out its security obligations. Therefore, the Transportation and Transit Committee cannot direct staff to remove the barriers as contemplated in Councillor Cullen’s motion.

You have also requested an opinion on staff’s ability to remove the one way restriction on Clarence Street. Legal advises that the City’s authority re this restriction is the same as the barricades. If the RCMP accepts, which it does, the U.S. position that the two way movement of traffic on Clarence Street (which runs into or faces the Embassy main entrance) is a security risk, then the RCMP may properly close it or restrict the traffic flow on it.

It should be noted, however, that following discussions between the US Embassy, the Mayor’s office, and senior staff, that the Police Services and TUPW staff, have been requested to prepare an in-camera report for Council consideration at the end of May. The intent is that all Councillors can be verbally apprised of the risks at hand and the alternative measures under review to address the community issues. Staff are currently working with the National Capital Commission and Embassy officials to assess various alternatives. The legal opinion received suggests that Councillor Cullen’s motion should be referred to the Council meeting for consideration at the same time as the above-noted report.

Should you require any additional information with respect to the legal aspects of the Cullen motion, and the appropriate procedures to be followed, please contact the City Solicitor.

Author R. T. Leclair

Author’s Initials RTL/ Prepared by Initialsee

cc: B. McGuinty, Mayor’s Office

City Solicitor

Police Chief V. Bevan