OTTAWA CITY COUNCIL 25 NOVEMBER 2009 ANDREW S. HAYDON HALL 10:00 a.m. MINUTES 79 The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 25 November 2009 beginning at 10:00 a.m. The Mayor, Larry O'Brien presided and the Deputy City Clerk led Council in prayer. The National Anthem was performed by Roshan Karavally. Announcements/Ceremonial Activities RECOGNITION - ÉCOLE POLYTECHNIQUE DAY OF REMEMBRANCE IN OTTAWA The Mayor declared December 6, 2009 as École Polytechnique Day of Remembrance in the City of Ottawa. Erin Williams, Executive Director, Ottawa Coalition to End Violence Against Women and Valerie Collicott, Women's Events Network, accepted the framed proclamation from the Mayor. RECOGNITION - ANNOUNCEMENT OF THE CITY OF OTTAWA'S OFFICIAL OLYMPIC TORCHBEARER Mayor O'Brien announced that Mélissa Brunet, a resident of Blackburn Hamlet and the recipient of the 2009 Citizen of the Year - Youth Award, had been selected as the City of Ottawa's Official Olympic Torchbearer. Roll Call ALL MEMBERS WERE PRESENT EXCEPT COUNCILLOR C. LEADMAN. Confirmation of Minutes The Minutes of the special meeting of 12, 13 and 16 November 2009 and the regular and In Camera meetings of 16 and 17 November 2009 were confirmed. Declarations of interest including those originally arising from prior meetings No declarations were received. Communications The following communications were received: * Responses to Inquiries * 17-09 - Annual Spending on First Aid Training Regrets Councillors C. Leadman (City Business) advised she would be absent from the Council meeting of 25 November 2009. Motion to Introduce Reports MOTION NO. 79/1 Moved by Councillor G. Bédard Seconded by Councillor S. Desroches That the report from the Auditor General entitled "Office of the Auditor General (OAG) - 2008 Annual Report And 2008 Detailed Audit Reports", be received and tabled. And that the reports from the Auditor General entitled "Office of the Auditor General (OAG) 2009 Interim Follow-Up to the 2008 Audit of the Parking Function" and "Office of the Auditor General (OAG) - Audit of the Incremental Costs of the Transit Strike 2008-2009", the report from the City Clerk and Solicitor entitled "Status Update - Council Inquiries and Motions for the Period Ending 28 October 2009", Community and Protective Services Committee Reports 47 and 47A (In Camera), Planning and Environment Committee Report 60A, and Transit Committee Report 33 be received and considered; And That the Rules of Procedure be suspended to receive and consider Planning and Environment Committee Report 61, because of the urgency of the matters contained therein (specific reasons for each item set out below). (Item 1 - if not approved by Council on November 25, the current temporary use by-law will expire before the new temporary by-law is passed. Item 2 - because it corrects a zoning change not intended by Council, and this should be carried out as quickly as possible.) CARRIED City Auditor General 1. OFFICE OF THE AUDITOR GENERAL (OAG) - 2008 ANNUAL REPORT AND 2008 DETAILED AUDIT REPORTS BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - RAPPORT ANNUEL DE 2008 ET RAPPORTS DE VÉRIFICATION DÉTAILLÉS 2008 REPORT RECOMMENDATIONS 1. That Council receive and table the 2008 Annual Report and 2008 Detailed Audit Reports from the OAG at its meeting on November 25, 2009, for referral to the appropriate Standing Committee, and for subsequent consideration and approval of the audit recommendations by Council at a meeting in 2010 once budget deliberations have been completed. 2. That Council receive, in-camera, confidential portions of the Audit of Traffic Operations and the Audit of Moonlighting and Corporate Risk Issues - Traffic Operations Division, as those portions of information should not be publicly disclosed in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). 3. That Council, after consideration and approval, refer all audit recommendations where management is in disagreement to the Audit, Budget and Finance (ABF) Committee, including those recommendations where management has indicated agreement, and where the OAG considers that discussion is still required at ABF Committee. MOTION NO. 79/2 Moved by Councillor G. Bédard Seconded by Councillor S. Desroches BE IT RESOLVED THAT Council resolve In Camera pursuant to Procedure By-law 2006-462, Subsections 13.(1) (b) personal matters about an identifiable individual, including staff, (d) labour relations or employee negotiations, and (f) the receiving of advice that is subject to solicitor-and- client privilege, including communications necessary for that purpose, with respect to the confidential portions of the Audit of Traffic Operations and the Audit of Moonlighting and Corporate Risk Issues - Traffic Operations Division included in the Auditor General's report - Office of the Auditor General - 2008 Annual Report and 2008 Detailed Audit Reports. CARRIED Council resolved In Camera at 12:15 p.m. IN CAMERA SESSION IN COUNCIL Council resumed in open session at 1:55 p.m. Upon resuming in open session, Mayor O'Brien indicated Council had met In Camera to receive a briefing from the Auditor General and the City Clerk and Solicitor on matters related to the confidential portions of the Audit of Traffic Operations and the Audit of Moonlighting and Corporate Risk Issues - Traffic Operations Division included in the Auditor General's report - Office of the Auditor General - 2008 Annual Report and 2008 Detailed Audit Reports. There were no votes taken other than to give direction to staff or to deal with procedural matters. The City Auditor General's report Office Of The Auditor General (OAG) - 2008 Annual Report And 2008 Detailed Audit Reports, was then put to Council and RECEIVED, TABLED and REFERRED by the following Motion: MOTION NO. 79/3 Moved by Councillor S. Qadri Seconded by Councillor J. Harder THEREFORE BE IT RESOLVED THAT the Audits be referred to the appropriate Standing Committee for review and that the City Clerk and Solicitor work with the Auditor General, the City Manager and Committee Chairs to determine the Committee routing, and inform Council as soon as the schedule is determined. CARRIED 2. OFFICE OF THE AUDITOR GENERAL (OAG) 2009 INTERIM FOLLOW-UP TO THE 2008 AUDIT OF THE PARKING FUNCTION BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - SUIVI INTÉRIMAIRE 2009 DE LA VÉRIFICATION DE LA FONCTION STATIONNEMENT DE 2008 REPORT RECOMMENDATIONS That Council receive the following report: 2009 Interim Follow-up to the 2008 Audit of the Parking Function. RECEIVED and REFERRED by Motion No. 79/3 (See Item 1 above) 3. OFFICE OF THE AUDITOR GENERAL (OAG) - AUDIT OF THE INCREMENTAL COSTS OF THE TRANSIT STRIKE 2008-2009 BUREAU DU VÉRIFICATEUR GÉNÉRAL (BVG) - VÉRIFICATION DE L'INCIDENCE FINANCIÈRE DE LA GRÈVE DES TRANSPORTS EN COMMUN 2008-2009 REPORT RECOMMENDATIONS That Council receive the following report: Audit of the Incremental Costs of the Transit Strike 2008-2009. RECEIVED and REFERRED by Motion No. 79/3 (See Item 1 above) City Clerk and Solicitor 1. STATUS UPDATE - COUNCIL INQUIRIES AND MOTION FOR THE PERIOD ENDING 28 OCTOBER 2009 RAPPORT DE SITUATION - DEMANDES DE RENSEIGNEMENTS ET MOTIONS DU CONSEIL POUR LA PÉRIODE SE TERMINANT LE 28 OCTOBER 2009 REPORT RECOMMENDATION That Council receive this report for information. RECEIVED COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 47 1. ACTION OTTAWA: RE-ALLOCATION OF CANADA-ONTARIO AFFORDABLE HOUSING FUNDS FROM DOVERCOURT CO-OPERATIVE TO THE OTTAWA MISSION ACTION OTTAWA : RÉAFFECTATION DU FINANCEMENT DU PROGRAMME CANADA-ONTARIO DE LOGEMENT ABORDABLE DE LA DOVERCOURT CO-OPERATIVE À THE OTTAWA MISSION COMMITTEE RECOMMENDATIONS That Council approve the following: 1. In accordance with the 2009 Action Ottawa Selection Committee, direct staff to request authorization from Ministry of Municipal Affairs and Housing to allocate to Holland Properties Association, for the provision of 18 affordable rental housing units, $700,000 of 2003 Canada-Ontario Affordable Housing Program funding that was previously allocated to Dovercourt Housing Co-operative. 2. Direct Staff to negotiate with Holland Properties Association a Municipal Housing Project Facilities Agreement to provide for a grant of $10,000.00 from the City in lieu of building permit fees subject to: (i) Holland Properties Association executing a contribution agreement with the Minister of Municipal Affairs and Housing that provides for funding under the 2003 Canada-Ontario Affordable Housing Program for the project, (ii) the Municipal Housing Facilities By-law (2006-1), and, (iii) Council enacting a Municipal Housing Project Facilities By-law for this project. 3. That the City Clerk and Solicitor be authorized to forward the project specific Municipal Housing Project Facilities by-law directly to City Council for enactment in accordance with the Municipal Housing Facilities By-law 2006-1, subject to successful negotiation and execution of the Municipal Housing Project Facilities Agreement. CARRIED 2. CRIME PREVENTION OTTAWA - STRATEGIC PLAN 2010-2012, ACTION REPORT 2008-2009; REPORT ON THE OUTCOMES OF THE 2008 CPO FUNDED PROJECTS AND REPORT ON CPO FUNDING ALLOCATIONS 2009 PRÉVENTION DU CRIME OTTAWA - PLAN STRATÉGIQUE 2010-2012, RAPPORT D'ENQUÊTE 2008-2009; RAPPORT SUR LES RÉSULTATS DES PROJETS FINANCÉS PAR PCO EN 2008 ET RAPPORT SUR LES ALLOCATIONS DE FONDS DE PCO DE 2009 COMMITTEE RECOMMENDATIONS That Council: 1. Receive this report for information 2. Approve a change to the Crime Prevention Ottawa Terms of Reference increasing the number of members of the Board of Directors from 12 to 13; CARRIED COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 47A (IN CAMERA) 1. APPOINTMENT TO THE CRIME PREVENTION OTTAWA BOARD OF DIRECTORS - IN CAMERA - PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL NOMINATION AU CONSEIL D'ADMINISTRATION DE PRÉVENTION DU CRIME OTTAWA- À HUIS CLOS - DISCUSSION DE NATURE PERSONNELLE SUR UNE PERSONNE RECONNAISSABLE COMMITTEE RECOMMENDATION That Council approve the following appointment to the Crime Prevention Ottawa Board of Directors for a Term Ending in January 2014, pending approval of the recommendation to change the Terms of Reference of Crime Prevention Ottawa increasing the number of members of the Board of Directors from 12 to 13: Chantal Bernier, Janet Crupi, Jo-Anne Poirier, Lucya Spencer and Irvin Waller. CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 60A 1. RESIDENTIAL FLOOD RELIEF AIDE AUX VICTIMES DES INONDATIONS RÉSIDENTIELLES COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. The Residential Compassionate Grant Policy for Sewer Backups as a Result of a Significant Rainfall Event as set forth in document 1; 2. That Staff be directed to prepare an application form for this grant as well as information for the website and for those inquiring about the grant program and publicize the availability of this grant and its immediate deadlines; 3. That this grant program be funded from the Wastewater Reserve Fund. CARRIED with Councillors S. Desroches and G. Hunter dissenting. 2. AMENDMENT TO FRONT-ENDING AGREEMENT FOR GLOUCESTER EAST URBAN COMMUNITY STORM WATER MANAGEMENT POND 1 AND OVER-SIZED TRUNK SEWERS MODIFICATION DE L'ENTENTE DE FINANCEMENT PRÉALABLE RELATIVEMENT AU BASSIN 1 DE GESTION DES EAUX PLUVIALES DE LA COMMUNAUTÉ URBAINE DE GLOUCESTER EST ET AUX GRANDS COLLECTEURS SURDIMENSIONNÉS COMMITTEE RECOMMENDATION That Council approve an amendment to Council's approval to enter into a Front-Ending Agreement with the Richcraft Group of Companies for cost reimbursement for the design and construction of the East Urban Community storm water management Pond 1 and over-sized trunk sewers, located south of Innes Road and east of Pagé Road, to reflect land costs as specified in the new Development Charge By-law, By-law 2009-225, resulting in an additional authority of $1,637,000.00 for land acquisition. CARRIED 3. PLANNING AND GROWTH MANAGEMENT, BUILDING CODE SERVICES BRANCH - DELEGATED AUTHORITY - SIGN MINOR VARIANCES URBANISME ET GESTION DE LA CROISSANCE, SERVICES DU CODE DU BÂTIMENT- DÉLÉGATION DE POUVOIRS - DÉROGATION MINEURE AU RÈGLEMENT SUR LES ENSEIGNES COMMITTEE RECOMMENDATIONS That Council: 1. Approve an amendment to the Permanent Signs on Private Property By-law to authorize the Director of Building Code Services to approve minor variances for signs provided that: (a) the Director take into consideration the process outlined in this report, and, (b) the Ward Councillor of the ward in which the sign, subject of the application for minor variance, is located supports the minor variance and has not lifted the delegated authority. 2. Confirm the recommended Process for review and consultation for sign minor variances as set out in this report. CARRIED PLANNING AND ENVIRONMENT COMMITTEE REPORT 61 1. ZONING - 3628 NAVAN ROAD ZONAGE - 3628, CHEMIN NAVAN COMMITTEE RECOMMENDATIONS AS AMENDED (This matter is subject to Bill 51) That Council approve: 1. An amendment to the Zoning By-law 2008-250 to extend the temporary use zoning of part of 3628 Navan Road from DR[1606] - Development Reserve Zone, Exception 1606 to DR[1606] - Development Reserve Zone, Exception 1606, for an additional two years, as shown in Document 1 and detailed in Document 2. 2. That the City Solicitor obtain an order for operations at the Navan Recycling Yard to cease and desist immediately should the MOE suspend or revoke Certificate of Approval #4414-782KX9 permitting and governing the use". CARRIED 2. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - NINTH REPORT RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : ANOMALIES ET CORRECTIONS MINEURES - NEUVIÈME RAPPORT COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: The amendments recommended in Column 3 of Document 1, to correct anomalies in Zoning By-law 2008-250, as amended by the following: a. The addition of Item 23 (85 Range Road) to Document 1, and the addition of the associated location map to Document 2; b. The insertion of the location map of 4269 Limebank Road in Document 2, immediately following the map for 491, 495 Richmond Road; c. That there be no further notice pursuant to Section 34 (17) of the Planning Act. CARRIED with Councillors E. El-Chantiry and R. Bloess dissenting and Councillor G. Hunter dissenting on recommendation a. TRANSIT COMMITTEE REPORT 33 1. CANADIAN URBAN TRANSIT ASSOCIATION PRESENTATION - TRANSIT VISION 2040 - A BLUEPRINT FOR THE FUTURE PRÉSENTATION DE L'ASSOCIATION CANADIENNE DU TRANSPORT URBAIN - VISION DU TRANSPORT EN COMMUN 2040 - PLAN DÉTAILLÉ POUR L'AVENIR COMMITTEE RECOMMENDATION That Council endorse CUTA's Vision 2040 for putting green transit at the centre of communities. CARRIED 2. EXPANSION OF URBAN TRANSIT AREA INTO NEW DEVELOPING AREAS EXTENSION DU SECTEUR DE TRANSPORT URBAIN AUX ZONES EN VOIE D'AMÉNAGEMENT COMMITTEE RECOMMENDATION That Council approve the revisions to the boundary of the Urban Transit Area detailed in this report to be effective on January 1, 2010, to provide for the provision and funding of transit service in expanding areas of the city, and that Council enact an implementing By-law. CARRIED with Councillors R. Jellett and B. Monette dissenting. 3. RAIL SYSTEM SELECTION RAPPORT SUR LA SELÉCTION D'UN SYST ÈME FERROVIAIRE COMMITTEE RECOMMENDATION That Council approve that the Rail technology for the City's Rapid Transit Plan be Light Rail Transit (LRT). CARRIED with Councillors B. Monette and G. Hunter dissenting. Motion to Adopt Reports MOTION NO. 79/4 Moved by Councillor G. Bédard Seconded by Councillor S. Desroches That the reports from the Auditor General entitled "Office of the Auditor General (OAG) 2009 Interim Follow-Up to the 2008 Audit of the Parking Function" and "Office of the Auditor General (OAG) - Audit of the Incremental Costs of the Transit Strike 2008-2009", the report from the City Clerk and Solicitor entitled "Status Update - Council Inquiries and Motions for the Period Ending 28 October 2009", Community and Protective Services Committee Reports 47 and 47A (In Camera), Planning and Environment Committee Reports 60A and 61, and Transit Committee Report 33, be received and adopted as amended. CARRIED Motions requiring Suspension of the Rules of Procedures MOTION NO. 79/5 Moved by Councillor S. Desroches Seconded by Councillor D. Deans That the Rules of Procedure be suspended to consider and approved the following motion, as the Environmental Review Tribunal is scheduled to start this week. WHEREAS the City of Ottawa has no plans to introduce diapers and sanitary products as part of its organics program; and WHEREAS the experience of other jurisdictions to date is that there have been odour problems in the vicinity of depots which process diapers and sanitary products; and WHEREAS the Ministry of the Environment certificate of approval for the Orgaworld site does not permit the processing of diapers and sanitary products; and WHEREAS the Ministry of the Environment certificate of approval (air) requires the cessation of operations if complaints cannot be resolved to the satisfaction of the District Manager; WHEREAS Orgaworld Canada Ltd. has appealed to the Environmental Review Tribunal to remove the limitation set out in its certificate of approval that serves to prohibit the processing of diapers and sanitary products, and WHEREAS Orgaworld Canada Ltd. has further appealed to the Environmental Review Tribunal to remove the condition respecting the cessation of operations if complains cannot be resolved to the satisfaction of the District Manager; THEREFORE BE IT RESOLVED THAT Council confirm its support for the application by the City Clerk and Solicitor to the Environmental Review Tribunal to seek standing on and in opposition to the appeals by Orgaworld Canada Ltd. Pursuant to Subsection 1 (2) of Procedure By-law 2006-462, Suspension of the Rules of Procedure LOST on a division of 16 YEAS to 7 NAYS (18 votes required) as follows: YEAS (16): Councillors D. Thompson, S. Qadri, M. McRae, A. Cullen, D. Deans, D. Holmes, M. Bellemare, S. Desroches, P. Feltmate, G. Bédard, J. Legendre, M. Wilkinson, C. Doucet, G. Brooks, P. Hume and R. Bloess. NAYS (7): Councillors R. Jellett, J. Harder, B. Monette, E. El-Chantiry, R. Chiarelli, G. Hunter and Mayor O'Brien. Notices of Motion (For Consideration at Subsequent Meeting) MOTION Moved by Councillor S. Desroches Seconded by Councillor D. Deans WHEREAS the City of Ottawa has no plans to introduce diapers and sanitary products as part of its organics program; and WHEREAS the experience of other jurisdictions to date is that there have been odour problems in the vicinity of depots which process diapers and sanitary products; and WHEREAS the Ministry of the Environment certificate of approval for the Orgaworld site does not permit the processing of diapers and sanitary products; and WHEREAS the Ministry of the Environment certificate of approval (air) requires the cessation of operations if complaints cannot be resolved to the satisfaction of the District Manager; WHEREAS Orgaworld Canada Ltd. has appealed to the Environmental Review Tribunal to remove the limitation set out in its certificate of approval that serves to prohibit the processing of diapers and sanitary products, and WHEREAS Orgaworld Canada Ltd. has further appealed to the Environmental Review Tribunal to remove the condition respecting the cessation of operations if complains cannot be resolved to the satisfaction of the District Manager; THEREFORE BE IT RESOLVED THAT Council confirm its support for the application by the City Clerk and Solicitor to the Environmental Review Tribunal to seek standing on and in opposition to the appeals by Orgaworld Canada Ltd. MOTION Moved by Councillor J. Legendre Seconded by Councillor B. Monette That in future, tabling of the Auditor General's reports include a public summary presentation at Council. Notice of Intent from the City's Meeting Investigator Notice of Intent from the City's Meeting Investigator to submit an investigation report for consideration at the 9 December 2009 Council meeting. By-laws Three Readings MOTION NO. 79/6 Moved by Councillor G. Bédard Seconded by Councillor S. Desroches That the by-laws listed on the Agenda under 15 - Motion to Introduce By-laws, be read and passed. 2009 - 384 A by-law of the City of Ottawa to amend By-law No. 2002-521 to add the names of certain private roadways. 2009 - 385 A by-law of the City of Ottawa to amend By-law No. 2009-95 regarding parkland dedication. 2009 - 386 A by-law of the City of Ottawa to change the name of a municipal highway in the City of Ottawa (Big Horn Way; Keatley Road; Ottawa Road 29). 2009 - 387 A by-law of the City of Ottawa to designate certain lands at 153 Salisbury Street as being exempt from Part Lot Control. 2009 - 388 A by-law of the City of Ottawa to designate certain lands at 401 and 415 Piccadilly Avenue as being exempt from Part Lot Control. 2009 - 389 A by-law of the City of Ottawa to designate certain lands at 1210 Merivale Road as being exempt from Part Lot Control and to repeal By-law No. 2009-316. 2009 - 390 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as part of 3628 Navan Road. 2009 - 391 A by-law of the City of Ottawa to amend By-law No. 2005-439 respecting permanent signs on private property. 2009 - 392 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the neighbourhood of Merivale Gardens and the properties known municipally as 471, 473, 491 and 495 Richmond Road, 4269 Limebank Road, 329 March Road, 4048 Carling Avenue, part of 200 Somerset Street, 492,506, 508, 510, 512, 514, 530, 538, 544 and part of 10 Rideau Street, 172 and 174 Cobourg Street, 2115, 2127, 2131 and 2147 Belcourt Boulevard, 3686 and 3688 Navan Road, 55 Colonel By Drive, and to correct anomalies in the by-law. 2009 - 393 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning for the property known municipally as part of 85 Range Road. CARRIED Confirmation By-law MOTION NO. 79/7 Moved by Councillor G. Bédard Seconded by Councillor S. Desroches THAT By-law 2009-394 to confirm the proceedings of Council be enacted and passed. CARRIED Inquiries From Councillor E. El-Chantiry with respect to procurement for the new bus garage. Adjournment Council adjourned the meeting at 2:20 p.m. CITY CLERK MAYOR 16 OTTAWA CITY COUNCIL MINUTES 79 25 NOVEMBER 2009