OTTAWA CITY COUNCIL
Wednesday, 12 February 2020
10:00 am
Andrew Haydon Hall, 110 Laurier Avenue W.
MINUTES 27
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on Wednesday, 12 February 2020 beginning at 10:00 a.m.
The Mayor, Jim
Watson, presided and led Council in a moment of reflection.
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The national anthem was performed by the Saint
Andrew School Choir.
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Mayor Jim Watson presented the
Mayor’s City Builder Award to Ms. Jennifer Cook Baniczky in honour of her of
outstanding volunteerism and philanthropy. Ms. Cook Baniczky has been
volunteering with the Shepherds of Good Hope for more than 35 years. She is
known for her warmth, her steady demeanor, and her steadfast commitment to
supporting some of Ottawa’s most vulnerable people. Her decades of acting as
the Coordinator of Volunteers earned her the Shepherds of Good Hope’s “Calmer
of Storms” award.
In 2015, Ms. Cook Baniczky
participated in a neighbourhood group that sponsored a refugee family from
Syria and helped them to settle in Ottawa. She is also a member of the Writers
Union of Canada and has published several books for children and young adults.
She has also donated her time reading to children at her local school and
helped to build a library in West Africa. Additionally, Ms. Cook Baniczky is
very involved with the Stephen Lewis Foundation’s Grandmothers to Grandmothers
Campaign raising funds for sub-Saharan grandmothers bringing up their
AIDS-orphaned grandchildren.
Mayor Watson presented a proclamation declaring February
12th, 2020 University of Ottawa Gee Gees FISU University World Cup
Champions Day in Ottawa.
The
University of Ottawa Gee Gees women’s soccer team competed against Paulista
University of Brazil in the 2019 FISU University World Cup final on Saturday, November
30, 2019 in Jinjiang, China and won the gold medal to claim the inaugural FISU
World Cup title.
The
University of Ottawa Gee Gees women’s soccer team was undefeated in this competition,
and recorded victories over university teams from China, Russia, and Thailand,
and was also awarded the tournament’s Fair Play award.
All Members were
present at the meeting, except Councillor D. Deans (See Motion
No. 20/1 of September 25, 2019), and Councillor R. Chiarelli.
CONFIRMED
No declarations
of interest were filed.
MOTION NO 27/1
Moved
by Councillor M. Luloff
Seconded by Councillor S. Moffatt
That the report from the Integrity Commissioner entitled
“Interim Report to Council on
an Inquiry Respecting the Conduct of Councillor Chiarelli”; Agriculture
and Rural Affairs Committee Reports 10 and 11; Finance and Economic Development
Committee Report 10; Finance and Economic Development Committee and Nominating
Committee Joint Report 1; Transportation Committee Report 8; and the report from the City Clerk entitled “Summary of Oral and Written
Public Submissions for Items Subject to the Planning Act ‘Explanation
Requirements’ at the City Council Meeting of January 29, 2020”;
be received and considered.
CARRIED
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COMMITTEE RECOMMENDATION
That Council appoint Councillor Tim Tierney as Chair of
Transportation Committee.
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The
following motion was put to Council and LOST:
MOTION NO 27/2
Moved by Councillor C. McKenney
Seconded by Councillor T. Kavanagh
BE IT RESOLVED that Council amend the Joint FEDCo/Nominating
Committee Recommendation to replace “Councillor Tim Tierney” with Councillor
Jeff Leiper.
LOST
on a division of 7 YEAS and 15 NAYS, as follows:
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YEAS (7):
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Councillors T. Kavanagh, R. King, M. Fleury, R. Brockington,
J. Leiper, S. Menard, C. McKenney
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NAYS (15):
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Councillors E. El-Chantiry, L. Dudas, J. Harder, K. Egli, S.
Moffatt, A. Hubley, J. Cloutier, G. Gower, J. Sudds, T. Tierney,
G. Darouze, C. A. Meehan, M. Luloff, S. Blais, Mayor J. Watson
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The
Committee Recommendation was then put to Council and CARRIED on a division of 17
YEAS and 5 NAYS, as follows:
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YEAS (17):
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Councillors E. El-Chantiry, L. Dudas, J. Harder, K. Egli, S.
Moffatt, A. Hubley, J. Cloutier, G. Gower, J. Sudds, T. Tierney,
G. Darouze, C. A. Meehan, M. Luloff, S. Blais, R. Brockington,
S. Menard, Mayor J. Watson
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NAYS (5):
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Councillors T. Kavanagh, R. King, M. Fleury, J. Leiper,
C. McKenney
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COMMITTEE RECOMMENDATION
That Council appoint Councillor Jenna Sudds as member of the Hydro
Ottawa Holding Inc. Board of Directors.
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CARRIED
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That Council receive this report for information.
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RECEIVED
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COMMITTEE RECOMMENDATIONS, AS AMENDED
That Council
1. approve an amendment to
Zoning By-law 2008-250 for 4837 Albion Road (Hard Rock Ottawa Raceway and Casino)
to amend Exception 528r and Schedule S381, as detailed in Documents 4 and 5,
to enable a revised layout at the expanded casino, by:
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a. permitting a new location for the proposed
hotel;
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b. permitting outdoor commercial patios,
minimum 6-metre wide drive aisles, and front yard parking with a minimum 3-metre
landscaped strip;
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c. clarifying the intent of the previous
by-law by removing text; and
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d. revising the holding provisions; and
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2. direct staff in
Transportation Services to review the implementation timing for Earl
Armstrong Extension, from Albion Road to Bank Street, and look for ways to
advance this segment as part of the ongoing Transportation Master Plan update.
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CARRIED
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COMMITTEE RECOMMENDATIONS, AS AMENDED
That Council:
1. approve the proposed
Official Plan amendment to remove Policy 3.2.5 – Flewellyn Special Study
Area, to remove the Flewellyn Special Study Area Overlay from Schedule A of
the Plan, and to change the designated significant wetland boundaries of the
Goulbourn Wetland Complex on Schedules A and B of the Plan, as shown in
Document 1.
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2. approve the proposed Zoning
By-law amendment to change the zoning to reflect the revisions to designated
boundaries of to the Goulbourn Wetland Complex, as shown in Document 2.
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3. replace Flewellyn Maps A
to I found in Document 2 and OPA Schedule 1a, 1b, and 1c, found in Document 1
with the replacement maps per Motion No ARAC 2020 11/2.
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CARRIED
with Councillors T. Kavanagh, C. McKenney and S. Menard dissenting.
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COMMITTEE RECOMMENDATIONS
1. That Council approve an amendment
to Zoning By-law 2008-250 for 5651 First Line Road to correct a provision to
a previous approved By-law (2018-349), as detailed in Document 2.
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2. That Council consider this
report at the February 12, 2020 meeting.
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CARRIED
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FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 11
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COMMITTEE RECOMMENDATIONS, AS AMENDED
That Council approve:
1. that the Clerk’s Office undertake a special area levy
vote in coordination with the community and as described in report
ACS2020-ICS-LEG-0003; and
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2. that the cost to undertake the levy vote be assessed
to the constituency services budget of the College Ward Councillor’s Office.
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CARRIED
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COMMITTEE RECOMMENDATIONS
The Council:
1. Declare the property known
municipally as 755 Somerset Street West described as Part of Lot 3 East of
Lorne Avenue; Lots 1 and 2 North of Somerset Street; Lots 2 and 3 West of
Empress Avenue; all on Plan 11285, as in NS 584, in the City of Ottawa and
shown as Document 1, attached as surplus to the City’s needs;
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2. Waive the requirement in
Section 5 of the City’s Real Property Disposal Policy requiring notification
to the public of the pending sale of a City property;
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3. Waive the requirement in
Section 1.2 of the City’s Real Property Disposal Policy requiring all Real
Property to be disposed of at market value and approve the sale of the lands
known municipally as 755 Somerset Street West to the Somerset West Community
Health Centre for the sum of $1.00 pursuant to a Memorandum of Understanding
between the City of Ottawa and the Somerset West Community Health Centre
dated November 18, 2019;
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4. Delegate authority to the
Director, Corporate Real Estate Office, to negotiate, conclude, and execute,
on behalf of the City, the final documents required to complete this
transaction, within the contractual and financial parameters set forth in
this report.
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CARRIED
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COMMITTEE RECOMMENDATIONS
That Council:
1. Receive the results of the
community-wide vote on the proposed continuation of the Kanata North Mosquito
Control Program and related area-specific levy; and
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2. Approve the continuation of
the Kanata North Mosquito Nuisance Program special levy from 2020 through
2023 for the area identified in Document 1;
a. Direct the City Solicitor to prepare the
necessary by-laws for Council’s enactment;
b. Direct the Chief Financial Officer to
administer the special levy for the amount identified in Document 2, from
2020 through 2023 for the area identified in Document 1; and
c. Delegate the authority to the General
Manager of Public Works and Environmental Services, in consultation with the City
Solicitor and the Ward Councillor, to award, finalize, execute and manage the
contract to GDG Environment.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council waive Section 1.1 of the Appointment Policy to allow
M. Patrick Ladouceur to finish his term of office as a member of the French
Language Services Advisory Committee.
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CARRIED
with Councillor M. Fleury dissenting.
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for
part of 6008 Fallowfield Road for the purposes of rezoning the lands from
Agricultural Zone (AG) to Agricultural, Subzone 5 (AG5), to prohibit
residential uses on the retained farmland, as detailed in Document 2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for part
of 200 Golden Line Road for the purposes of rezoning the lands from Rural
Countryside Zone (RU) to Agricultural Zone, Rural Exception [xxxxr]
(AG[xxxxr]), so that the entire parcel would be consistently zoned in line
with the Official Plan designation, and for part of 200 Golden Line Road for
the purposes of rezoning the lands from Rural Countryside Zone (RU) to
Agricultural, Subzone 4 (AG4), to prohibit residential uses on the retained
farmland, as detailed in Document 2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for
the purposes of rezoning the entirety of 3760 Grainger Park Road to Rural Countryside
Rural Exception 353r (RU [353r]) to correct an error, as detailed in Document
2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for part
of 8590 Marvelville Road, for the purposes of rezoning a portion of the lands
from Agricultural Subzone 2 (AG2), to Agricultural Subzone 6 (AG6), to prohibit
residential uses on the retained farmland, as detailed in Document 2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for
part of 1892 York’s Corners Road, for the purposes of rezoning a portion of
the lands from Agriculture Zone (AG), to Agriculture Zone, Subzone 5 (AG5),
to prohibit residential uses on the retained lands, and to rezone the severed
land from Agriculture Zone (AG) to Agriculture Zone, Exception xxx1r
(AG[xxx1r]) to permit a reduced lot width of 10 metres, as detailed in
Document 2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for
part of 3779 York’s Corners Road, for the purposes of rezoning a portion of the
lands from Agricultural Subzone 2 (AG2), to Agricultural Subzone 6 (AG6), to prohibit
residential uses on the retained farmland, as detailed in Document 2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law 2008-250 for
part of 6496 First Line Road for the purposes of rezoning the lands from
Agricultural Zone, Subzone 2 (AG2) to Agricultural, Subzone 6 (AG6), to
prohibit residential uses on the retained farmland, as detailed in Document
2.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council appoint Mr. Andy Robinson, P. Eng of Robinson Consultants
Inc. as the Engineer of record to prepare a report under Section 78(1) of the
Drainage Act to inform Council on the current status of the
Dillon-Wallace Municipal Drain and the Johnston Municipal Drain and whether
one or more of the projects listed under section 78(1.1) is required for the
better use, maintenance or repair of the drainage works or lands or roads.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the appointments of Robert McCallan and Lina
Hariri to the Heart of Orléans Business Improvement Area Board of Management
for the 2018-2022 Term of Council or until a successor is appointed during
the next term of Council.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the appointment of Stephanie Hault to the
ByWard Market Business Improvement Area Board of Management for the 2018-2022
Term of Council or until a successor is appointed during the next term of
Council.
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CARRIED
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COMMITTEE RECOMMENDATIONS
1. That Council waive the
requirement in Section 5 of the City’s Real Property Disposal Policy requiring
notification to the public of the pending sale of a City property;
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2. That Council waive the
requirement in Section 1.2 of the City’s Real Property Disposal Policy
requiring all real property to be disposed of at market value and approve the
disposal of the lands described in Recommendation 1 in accordance with Document
3 attached to this Report.
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CARRIED
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COMMITTEE RECOMMENDATIONS
That Council:
1. Waive Section 2.3 of the
Disposal of Real Property Policy pertaining to the public marketing of viable
properties and Section 5.1 pertaining to public notification of the proposed disposal;
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2. Declare the property
municipally known as 3099 Uplands Drive and legally described as Block H,
Registered Plan 4M-213, being all of PIN 04075-0241, shown as Parcel 1 on
Document 1 attached, as surplus to City requirements;.
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3. Approve the sale of property
identified in Recommendation 1 above, subject to easements as LT206528, LT261102
and LT261102 and any easements that may be required, to Coady Co-Operative
Housing Inc. for $2,880,000.00 plus HST, if applicable, pursuant to an
Agreement of Purchase and Sale that has been received.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve closing Capital Account 905673 established for
the Buy Back of Business Park Properties.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve that the posted speed limit along Maple Grove
Road be reduced from 50 km/h to 40 km/h from Huntmar Drive to Alon Street.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the installation of an all-way stop control
at the intersection of Borland Drive/Vinette Crescent and Jeanne d’Arc
Boulevard.
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CARRIED
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That Council approve the Summaries of Oral and Written Public
Submissions for items considered at the City Council Meeting of January 29,
2020 that are subject to the ‘Explanation Requirements’ being the Planning
Act, subsections 17(23.1), 22(6.7), 34(10.10) and 34(18.1), as
applicable, as described in this report and attached as Documents 1 to 7.
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CARRIED
RECEIVED
MOTION NO 27/3
Moved
by Councillor M. Luloff
Seconded by Councillor S. Moffatt
That the report
from the Integrity Commissioner entitled “Interim Report to Council on an Inquiry
Respecting the Conduct of Councillor Chiarelli”;Agriculture
and Rural Affairs Committee Reports 10 and 11; Finance and Economic Development
Committee Report 10; Finance and Economic Development Committee and Nominating
Committee Joint Report 1; Transportation Committee Report 8; and the report from the City Clerk entitled “Summary of Oral and Written
Public Submissions for Items Subject to the Planning Act ‘Explanation
Requirements’ at the City Council Meeting of January 29, 2020”;
be received and adopted as amended.
CARRIED
MOTION NO 27/4
Moved by Councillor R. Brockington
Seconded by Councillor S. Blais
WHEREAS the City is undertaking a water, sewer and road renewal project
on Claymor Avenue, Senio Avenue, and Falaise Road in Ward 16; and
WHEREAS as part of the design process for these streets, staff has
reviewed the driveways within the project limits and found some driveway widths
are not in full conformance with the City’s front yard parking restrictions and
Private Approach By-law;
WHEREAS for existing properties, the front yard parking restrictions
and Private Approach By-law are normally enforced only on a complaint-driven
basis; and
WHEREAS there have been no complaints with respect to non-compliant
driveways (private approaches) or front-yard parking in this area; and
WHEREAS the area residents support providing relief for residents
with existing driveways (private approaches) while acknowledging that any
future driveways (private approaches) and front-yard parking must be in accordance
with City by-laws.
THEREFORE BE IT RESOLVED that in respect of the renewal of
Claymor Avenue, Senio Avenue, and Falaise Road, that private approaches be
reinstated as they were immediately prior to the reconstruction of these
streets.
CARRIED
Pursuant to Subsection 59(5) of the Procedure By-law, the following
revised Motion has been substituted by the mover and seconder for the original one
contained in the Notice of Motion:
MOTION NO 27/5
Moved by Councillor S. Menard
Seconded by Councillor C. Meehan
WHEREAS on March 6th, 2019, City Council approved, based on available
information provided by senior staff and external legal counsel, the staff-recommended
Stage 2 LRT proponent, TRANSITNEXT, to construct and maintain the north-south
Trillium Line; and
WHEREAS members of the public, transit users, media and Councillors have raised
concerns with the effectiveness of the procurement and decision-making process
that resulted in the staff recommendation to Council; and
WHEREAS staff have since
confirmed that the bid put forward by TRANSITNEXT did not meet the 70% minimum
technical requirement as set out in the Request for Proposal process; and
WHEREAS on January
23rd, 2020, staff released the October 3rd and October 23rd
Technical Evaluation Committee’s Consensus presentation for the Trillium Line South
Extension which revealed significant technical deficiencies in the bid put
forward by the preferred proponent TRANSITNEXT; and
WHEREAS the release of this
information has further eroded the public’s confidence in the procurement and
decision-making process as well as in TNEXT’s ability to successfully deliver
the Trillium Line Extension; and
WHEREAS City Council has
engaged the City’s Auditor General who conducted an audit of specific elements
of the Stage 2 LRT Project and provided Council with a list of recommendations
to improve the process for future public-private projects which included enhancing
public transparency, as detailed in the November 26th, 2019 Annual
Audit Report ACS2019-OAG-BVG-0011; and
WHEREAS the Auditor General’s
recommendations only address a portion of public concerns and despite the audit
there is still significant pressure from the public to continue the investigation
into the Stage 2 LRT Trillium Line Extension procurement and decision-making
processes; and
WHEREAS the Auditor
General shall not call into question or review the merits of the policies and
objectives of Council; and
WHEREAS Council is
accountable to the public and therefore should explore all options to restore
public trust;
THEREFORE FURTHER RESOLVED that, at
its meeting of February 26, 2020, City Council appoint 3 regionally representative
Councillors to review evaluation criterion, a proposed statement of work and
serve as the evaluation committee for the engagement of a consultant to review
and report back to Council by October of 2020 on the City’s Public-Private
Partnership Policy, as it pertains to Public-Private Partnership (P3) Projects,
as well as projects of significant public interest along with any implications
for the City’s Purchasing By-law, being By-law No. 2017-362 as amended and the
Delegation of Authority By-law, being By-law No. 2018-397 as amended, in order
to improve Council’s ability to exercise leadership and oversight as mandated
by Subsection 224(d) and (d.1) of the Municipal Act, 2001 and to ensure
that best practices are incorporated so that in the future the process is more
transparent to the public; and
BE IT FURTHER RESOLVED that the costs to engage a consultant be
funded from the Tax Stabilization Reserve, to an upset limit of $150,000.
The
following motion was introduced as a substitution for Motion 27/5 above:
MOTION NO 27/6
Moved by Mayor J. Watson
Seconded by Councillor S. Menard
WHEREAS
in Ontario, the Provincial government has made P3 procurement screening a
requirement for partnership funding for projects of $100 million or greater in value
to improve value for money as compared to more traditional procurement models
such as design-bid-build (and this was also a requirement for federal funding
for the Stage 2 LRT project); and
WHEREAS
the Stage 2 Light Rail Transit (LRT) project, which was approved and deemed
appropriate to be procured as a P3 by PPP Canada as a requirement for federal
funding, incorporated a number of third-party review mechanisms for the Stage 2
LRT procurement process, including as follows:
·
A ‘Lessons Learned’ report from the Stage 1
LRT procurement, undertaken by a consultant;
·
An Independent Fairness Commissioner who
oversaw the entire Stage 2 Procurement Process and confirmed “compliance with
the fairness requirements of the RFQ and RFP process and further confirm that the
process resulting in the selection of the winning proposal was consistent with
the RFQ and RFP; and
·
An Independent Rail Certifier who indicated
that the system met the requirements for substantial completion under the
Project Agreement; and
WHEREAS,
when questions were raised about the Stage 2 LRT procurement process, City
Council also asked the City of Ottawa’s Auditor-General, a statutory officer
that is independent of the City’s administration and who reports directly to
Council, to audit this process; and
WHEREAS
after having full and unfettered access to all procurement documentation with
respect to the Stage 2 LRT procurement process and all City officials and
advisors who oversaw the process, the City of Ottawa’s Auditor General and his
independent consultant team (Samson and Associates) reported on November 26,
2019 that the procurement process was followed and was consistent and compliant
with the Trillium Line RFP and that the delegated authorities were adhered to
by City officials and advisors, but that improvements in the procurement
process could be made; and
WHEREAS,
due to the on-going problems with the Stage 1 LRT and bus operations over the
course of the first five months of the service, Members of Council and the
public are continuing to express concerns about the Stage 2 Trillium Line
Procurement, in particular in light of the technical evaluation scores; and
WHEREAS,
although staff has advised that the winning proponent, TNext (or TransitNext),
was a technically compliant bid and that the technical parts of the bid that
did not meet Council’s criteria for the project were addressed to the City’s
satisfaction before the March 6, 2019 City Council meeting approving the selection
of TransitNext and included in the executed contract, neither Council or the
public has seen the documents that support staff’s assertions and they have a
right to see them now that the procurement is closed; and
WHEREAS
these documents would not be complete without Council and the public also
seeing the legal opinion by Norton Rose Fulbright, dated October 23, 2018 and
titled, “Trillium DBFM RFP-Technical Evaluation Bid Evaluation Steering
Committee Discretion and Re-evaluation”; and
WHEREAS
the City is currently completing the Environmental Assessment, preliminary
engineering and costing on Stage 3 LRT which, once completed will extend LRT to
the fast-growing communities of Barrhaven, Kanata and Stittsville and it is
expected that the City will have a proposal ready for consideration by the
Province of Ontario and the Government of Canada by the end of 2020; and
WHEREAS,
given that provincial funding for Stage 3 is anticipated to require the use of
a P3 approach, and City Council’s decision on the Stage 3 Procurement Process
should be informed by the lessons learned in Stage 1 and Stage 2 of LRT, starting
with the improvements recommended by the City’s Auditor-General and augmented
by a third-party review;
THEREFORE
BE IT RESOLVED that City Council approve the following in substitution for the
Motion from Councillors Menard and Meehan:
1. That
Council direct the City Manager to release the Stage 2 Light Rail Transit
Trillium Line Project Procurement documents, including the technical compliance
scores, the technical evaluations and the specific bid amendments made to the
contract to ensure that Council’s criteria for the project are going to be met,
to City Council and the public as soon as possible and in advance of the March
3, 2020 Finance and Economic Development Committee meeting; and
2. that
City Council waive its solicitor-client privilege with respect to the October
23, 2018 legal opinion by Norton Rose Fulbright, titled, “Trillium DBFM
RFP-Technical Evaluation Bid Evaluation Steering Committee Discretion and
Re-evaluation” so that it can be included for release with the above-noted
procurement documents; and
3. that
an independent consultant be engaged to undertake a ‘Lessons Learned’ exercise
on the Stage 2 Light Rail Transit Project Procurement Process, building on the
recommendations in the Auditor-General’s November 26, 2019 report titled,
“Audit of Stage 2 Light Rail Transit (LRT) Project Procurement”, as well as
options to strengthen any of the following key public procurement principles:
Transparency, Integrity, Value for Money, Openness, Fairness, Competition and
Accountability, such that the work is completed in time for the Stage 3 procurement
process; and
4. that
the scope of work and recommended consultant for the Lessons Learned exercise
be brought to the Finance and Economic Development Committee and full Council
for their approval by the end of Q2 2020, with the intention that the consultant’s
report be presented to Committee and Council by November 2020; and
5. that
City Council direct staff to incorporate a review of the City’s Public-Private
Partnership Policy, in addition to the City’s Purchasing By-law and the
Delegation of Authority By-law, as part of the Mid-Term Governance Review
process, which includes consultation with every Member of Council.
CARRIED
Motion
No 27/6 was put to Council CARRIED on a division of 22 YEAS and 0 NAYS, as follows:
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YEAS (22):
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Councillors T. Kavanagh, E. El-Chantiry, L. Dudas, J. Harder,
K. Egli, S. Moffatt, A. Hubley, J. Cloutier, G. Gower, R. King,
J. Sudds, T. Tierney, G. Darouze, M. Fleury, C. A. Meehan,
M. Luloff, S. Blais, R. Brockington, J. Leiper, S. Menard,
C. McKenney, Mayor J. Watson
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NAYS (0):
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MOTION NO 27/7
Moved
by Councillor A. Hubley
Seconded by Councillor J. Cloutier
WHEREAS OC Transpo Fares are scheduled to increase on April 1, 2020,
in accordance with the 2020 Budget approved by Council on December 11, 2019; and
WHEREAS it would be beneficial for City staff to receive Council’s
direction with respect to the continuation of the fare freeze as soon as
possible, as arrangements need to be made to confirm fare prices before the
April 2020 monthly passes go on sale;
THEREFORE BE IT RESOLVED that the Rules of Procedure be suspended to
permit the introduction of the following motion.
WHEREAS Council on December 11, 2019, approved an overall 2.5% base
increase to OC Transpo Fares as part of the Transit Commission portion of the 2020
Budget; and
WHEREAS, in recognition of the challenges experienced by OC Transpo
customers since the launch of the O-Train Confederation Line, Transit Commission
and Council approved that the effective date for the recommended 2020 fare
increase be delayed to April 1, 2020, and directed the General Manager of
Transportation Services to bring forward recommendations to Transit Commission
and Council no later than February 2020 on how a freeze beyond March 2020 could
be funded in the event that LRT service to transit passengers has not improved
to the City’s satisfaction; and
WHEREAS, while progress is being made towards resolving the
operational issues , service has not yet improved to a level that meets the
City’s satisfaction, as transit customers continue to experience challenging
and uncertain commutes as a result of ongoing issues and service disruptions;
and
AND WHEREAS staff have estimated the net cost of continuing the fare
freeze at $340,000 per month in reduced fare revenue; and
WHEREAS the current fare freeze is being funded through the
financial and performance provisions in the Project Agreement with the Rideau
Transit Group (RTG)/Rideau Transit Maintenance (RTM); and
WHEREAS in June 2019, following approval of the 2019 Budget, Council
subsequently approved a Motion delegating authority to the City Manager to determine
the effective date of the 2019 fare changes;
THEREFORE BE IT RESOLVED THAT Council delegate authority to the City
Manager, in consultation with the General Manager of the Transportation
Services Department, to determine the effective date of the 2020 fare changes
once service on O-Train Line 1 has improved to the City’s satisfaction, in accordance
with the satisfactory service levels prescribed in the Project Agreement with
RTG; and
BE IT FURTHER RESOLVED that, in accordance with the Delegation of
Powers Policy, which includes the principle that “every delegation of a power
or duty of Council shall be accompanied by a corresponding accountability and
transparency mechanism”, that the exercise of this delegated authority be
reported to Members of Transit Commission and Council by way of a Memorandum,
such that the fare changes would come into effect on the first day of the month
no less than one month following the issuance of said Memorandum; and
BE IT FURTHER RESOLVED THAT Council approve that the cost of the
fare freeze continue to be funded through the anticipated funds from the
financial and performance provisions in the Project Agreement with the Rideau
Transit Group (RTG)/Rideau Transit Maintenance (RTM).
CARRIED
MOTION NO 27/8
Moved
by Councillor Kavanagh
Seconded by Councillor Meehan
THEREFORE BE IT RESOLVED that the Rules of Procedure be suspended to
permit the consideration of the following motion.
WHEREAS in 1910 women delegates from
around the world met in Copenhagen to propose that Women’s Day become an international
event to promote equal rights for women; and
WHEREAS the first International
Women’s Day was held in 1911 with the support of over a million people; and
WHEREAS in 1977, the General Assembly
of the United Nations officially called for all countries to mark a day for the
recognition of women's economic, political and social achievements; and
WHEREAS we are witnessing a significant rise in women’s activism to
accelerate women’s equality along with a deepening resolve to reject gender discrimination
in all forms; and
WHEREAS every year thousands of events are held around the world to
inspire, celebrate and honour women.
THEREFORE BE IT RESOLVED THAT Ottawa
City Council declare March 8, 2020, to be International Women’s Day in the City
of Ottawa.
CARRIED
MOTION
Moved
by Councillor S. Menard
Seconded by Councillor C. McKenney
WHEREAS in 2019 the Province of Quebec
enacted Bill 21 (An Act Respecting the Laicity of the State) which
prohibits certain public servants from wearing religious symbols including
turbans, hijabs, kippahs, the cross and many others;
AND WHEREAS religious wear in certain
traditions is considered an important act of devotion and is not a mere symbol
of religious identity;
AND WHEREAS the wearing of
religiously-mandated articles of faith or clothing is a fundamental right in
the exercise of “freedom of thought, conscience and religion,” as written in
Article 18 of the Universal Declaration of Human Rights; and does not in any
way diminish the ability of public servants to fulfill their duties;
AND WHEREAS restricting the ability
of citizens from wearing religious symbols affects all components of society:
first nations, settlers and immigrants;
AND WHEREAS freedom of religion in
Canada is protected by the Canadian Charter of Rights and Freedoms and the Canadian
Human Rights Act;
AND WHEREAS the City of Ottawa stands
firmly to support religious freedom as this is aligned with the Canadian
Charter of Human Rights;
AND WHEREAS a secular and religiously
neutral state is achieved by treating all citizens fairly through unbiased
governance structures that do not favour one religion over another;
AND WHEREAS forcing citizens to
abandon certain cultural and religious practices as a condition of employment
will create an environment that fosters intolerance and inequity;
AND WHEREAS Bill 21 is a divisive law
that perpetuates exclusion, discrimination, and class division by increasing
systematic barriers to employment for religious groups;
AND WHEREAS the National Council of
Canadian Muslims (NCCM), the Canadian Civil Liberties Association (CCLA), the
World Sikh Organization of Canada (WSO), and others have initiated a
constitutional challenge against Bill 21;
AND WHEREAS Ottawa is a
multicultural, socially diverse, and inclusive city that is home to many
different faiths, religions, genders, languages, and cultures;
AND WHEREAS Ottawa takes its role as
a human rights city seriously;
AND WHEREAS all levels of government
have an important role in protecting our shared values of tolerance and diversity;
AND WHEREAS other
municipalities—including Brampton, Calgary, Mississauga and Victoria—along with
the province of Ontario have condemned Quebec’s Bill 21;
BE IT RESOLVED THAT Ottawa City
Council oppose Quebec’s Bill 21 and support in principle the constitutional
challenge to Bill 21, and that Ottawa City Council continue to support building
a welcoming city where everyone has access to opportunity and prosperity.
BE IT FURTHER RESOLVED THAT a copy of
the motion is forwarded to the Premier of Quebec.
MOTION NO 27/9
Moved
by Councillor M. Luloff
Seconded by Councillor S. Moffatt
That the
by-laws listed on the Agenda under Motion to Introduce By-laws, Three Readings,
be read and passed.
CARRIED
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By-Laws
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THREE READINGS
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2020-44.
A by-law
of the City of Ottawa to amend the fees in By-law No. 2019-74, as amended, regulating
the municipal water supply.
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2020-45.
To
amend By-law No. 2017-180 respecting the appointment of Municipal Law Enforcement
Officers in accordance with private property parking enforcement
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2020-46.
A
by-law of the City of Ottawa to establish fees in respect of the Committee of
Adjustment and to repeal By-law No. 2018-35.
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2020-47.
A
by-law of the City of Ottawa to repeal By-law No. 2019-245 closing an
untraveled portion of Treadwell Road in the City of Ottawa.
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2020-48.
A by-law
of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of
part of the lands known municipally as 8590 Marvelville Road.
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2020-49.
A by-law of the City of Ottawa to amend By-law No. 2008-250 to
change the zoning of the lands known municipally as 3760 Grainger Park Road.
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2020-50.
A by-law of the City of Ottawa to amend By-law No. 2008-250 to
change the zoning of the lands known municipally as 4837 Albion Road.
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2020-51.
A by-law of the City of Ottawa to amend By-law No. 2008-250 to
change the zoning of the lands known municipally as 5651 First Line Road
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2020-52.
A by-law
of the City of Ottawa to amend the Official Plan for the City of Ottawa to
update the Significant Wetlands boundaries and to remove the Flewellyn Special
Study Area and policies.
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2020-53.
A by-law
of the City of Ottawa to amend By-law No. 2008-250 to reflect the revisions
made to designated boundaries of the Goulbourn Wetland Complex.
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2020-54.
A
by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning
of the lands known municipally as 200 Golden Line Road.
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2020-55.
A
by-law of the City of Ottawa to amend By-law No. 2008-250 to change the
zoning of the lands known municipally as 1892 Yorks Corners Road.
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2020-56.
A
by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning
of the lands known municipally as 6496 First Line Road
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2020-57.
A by-law
of the City of Ottawa to establish the Kanata North Area within the City of
Ottawa as a designated area for a special service and to repeal By-law No.
2016-88.
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2020-58.
A
by-law of the City of Ottawa to amend By-law No. 2018-33 to authorize the
payment of rebates to individuals who make contributions to candidates for
office on the municipal council
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2020-59.
A
by-law of the City of Ottawa to amend By-law 2007-268 respecting fees and
charges for public transit services
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2020-60.
A by-law
of the City of Ottawa to provide for the abandonment of drainage works in the
City of Ottawa – Burnett Municipal Drain, Main Drain between Station 0+00 and
Station 86+25 and to repeal By-law NO. 107-68.
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2020-61.
A by-law
of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of
part of the lands known municipally as 6008 Fallowfield Road
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2020-62.
A
by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of part
of the lands known municipally as 3779 York’s Corners Road.
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2020-63.
A
by-law of the City of Ottawa to close an untraveled portion of Treadwell Road
in the City of Ottawa.
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CARRIED
MOTION NO 27/10
Moved
by Councillor M. Luloff
Seconded by Councillor S. Moffatt
That the
following by-law be read and passed:
To confirm the proceedings of the Council meeting of February 12,
2020.
CARRIED
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Councillor L. Dudas (Inquiry OCC
20-07)
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Toxic work environments and the impact on city staff is an issue
that has recently come up here at City Hall, and I am aware that the City is
taking steps as to how it can be addressed. However, when we talk about our
work environment, we must ensure that this also considers the online world
and social media.
While my Council colleagues who have been here for multiple terms
can speak more in depth, the past year has seen an exponential increase in
the amount of online vitriol directed at City Councillors, too often at the
instigation of a fellow Councillor.
Last week, a tweet by one Councillor, was then retweeted by a
second Councillor and I quote:“I dare Jim Watson to run next election. He
would lose. I just wonder when some Councillor’s realize he is a sinking ship
and their jobs are also at risk. #WatsonClub”.
This tweet was then used as fodder, triggering a chain of other
abusive tweets on other Councillors. Including ones such as: You’re an
absolute joke. You are so corrupt and do nothing to advance the city. You’re
just a Jim Watson robot. How much money did they pay you? #watsonclub
Other messages included: “You corrupt Watson Club b*tch. resign
now”
In July 2019, a Councillor introduced the hashtag Watson Club to
Twitter, a term previously only previously used by a nightclub in Uruguay.
This hashtag was then used as an attack on those Councillors that did not
support the Councillor’s position on an issue. At the time, the Ottawa
Citizen and the CBC both ran articles covering the term, the existence of
such a “club”, and noted the divisive nature of this term of council, versus
previous ones.
As a result of this, I have been called “Lapdog Laura” as well as
numerous other much more profane, sexual, and misogynistic comments that I
will not repeat today, unfortunately many of these messages also pointedly
reference the hashtag Watson Club.
Councillors have been turning to social media to make generalized
accusations, dismissing other Councillors with whom they disagree. In doing
so, we disregard those Councillors’ rationales and their residents’ views,
instead opting for defamatory and generalized attacks.
Many may suggest that Councillors just ignore or block the abuse.
However, as we saw when a local federal candidate went to court to seek
clarification on whether Councillors’ social media channels are official
methods of communication, a precedent was quickly established they were in
the public realm, and the notion of “blocking” people became a non-starter.
Last week, this hit a new low. The torrent of abuse that was directed
at those Councillors who had been duly-elected to positions, much of which
was sent as a direct reply to the offending tweet, was read by those
Councillors’ parents, children, and friends. As Councillors we would never
think to include such an attack in a community newsletter, so why is it
acceptable to tweet or post?
To see such a tweet, and other Councillor’s supporting these
personal attacks, and increasing the audience by retweeting, is not something
I believe any of us want as a Council. This is especially ridiculous when
that same Councillor, an hour later, tweeted about encouraging more women to
enter politics. When a Councillor knowingly, and I say knowingly because it
would, Number 1: require ignoring all of the social media abuse over the past
10 months we have all seen; and Number 2: ignore that female politicians
experience online abuse that our male counterparts are spared; when any
Councillor indirectly encourages such abuse, how can we in good conscience
then encourage more women to enter this abusive realm.
My inquiry today is directed to the Integrity Commissioner and the
City Clerk, I would like them to report back to Council on their leeway to
investigate cyber bullying of City Staff, Councillors, Commission, Committee
and Board Members. Additionally, what existing policies are in place
regarding social media behaviour by these officials. I am aware there are
rules in place for city staff, generally, but I appreciate the unique nature
of being an elected official or appointed board member.
If there are no existing city-level policies, could city staff
include recommendations from other jurisdictions and other levels of
government for city council’s consideration and implementation. Additionally,
include in the report any other jurisdiction’s punitive measures that may be
appropriate fitting for Ottawa as well.
Specifically, I look to the City of Toronto, which implemented a
Code of Conduct regarding social media use for Councillors which includes the
following 2 sections:
Article XII - Respecting Staff
21. The Code of Conduct requires members to be respectful of the
role of staff to provide professional and politically neutral advice. Members
should not use social media to engage in criticism of City staff. The public
nature of social media can increase the risk of harming the professional and
ethical reputation of City staff.
And
Article XIV - Respecting Each Other and the Public
22. Just as Torontonians expect members of Council to maintain
decorum at City Hall, they also expect members to act with decorum on social
media. Members must never use social media as a platform to treat members of
the public, one another, or staff without respect. Members should not engage
in or encourage bullying, flaming, or shaming of any other social media
users. These types of interactions on social media misplace the focus of the
interaction on attacking individuals rather than engaging in constructive
discussion or debate. This manner of communication is inconsistent with the
Code of Conduct and unbecoming of the office that members hold.
This inquiry is also a call out to all of my fellow Councillors,
Committee, Commission and Board members to stop it. To rise above this, and I
ask all of us to work together, as the residents of Ottawa elected us to do.
Very few, if any, around this table are wholly innocent. We did
not run under party banners, we represent a wide swath of political views,
but that does not mean that we cannot work together and collaborate.
Because a Councillor disagrees or votes against a motion, does not
mean there is an ulterior motivation that warrants attacks into what can be a
cesspool of social media. I have a 20-year-old daughter, she is on social
media, she reads these things about me, but she contextualizes it. I also have
a 10-year-old daughter who is just starting to look at social media. In a
world where we are already having to educate our kids younger and younger
about the dangers of social media, what kind of example are we setting as
city leadership, and we are all leaders around this table.
When we are turning to social media and publicly attacking each
other and knowingly having our followers attack each other because we can’t
walk down the hall to have an adult conversation; at the end of the day, the
only one being hurt is the City. With every angry tweet we send out, we are
hurting Ottawa’s reputation to tourists, investors, and also in the eyes of
our own residents.
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Councillor C. A. Meehan (Inquiry OCC
20-08)
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To ensure that the residents and
taxpayers of Ottawa have complete confidence in the transparency and integrity
of Stage 2 LRT, could staff please provide the following information:
1. On what basis was the decision made
not to partner with Infrastructure Ontario for Stage 2 LRT? Please include
the business case used to make this decision.
2. Who authored the procurement
documents for Stage 2 LRT? Please provide the specific staff name(s).
3. Why was the RFP for Stage 2 LRT not
made public, despite this being standard practice in Ontario (with
redactions)?
4. Why did staff not fully explain to
Council that
unlike other Delegations of Authority they regularly sign with staff, the Delegation
of Authority on Stage 2 LRT would severely limit our ability to provide
oversight?
5. Why was it not made to clear to
Council that a Discretionary Clause was included in the RFP for Stage 2 LRT?
6. How were the services of the Law
Firm Norton, Rose Fulbright obtained? What specifically was their role in the
procurement process? Who was their client, City Staff with Delegation of
Authority or Council?
7. On what basis did the City Manager
exercise the discretionary clause to allow, TNEXT’s bid, to continue in the
procurement process despite its failing technical score?
8. What was the rationale behind
Norton, Rose Fulbright’s advice that the City of Ottawa was at risk of
litigation if the TNEXT bid was disqualified?
9. Did
the Executive Steering Committee have the expertise needed to properly assess
the accuracy and specificity of TNEXT remediation solutions to its
technically deficient bid? Please outline their specific technical
qualifications.
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Councillor C. McKenney (Inquiry OCC
20-09)
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With intensification happening in the Downtown core, consistent with
the current and future directions of the Official Plan, how is the City:
- Assessing the needs for recreation, cultural, and
community meeting space in existing downtown city-owned facilities; (Recreation,
Cultural and Facility Services)
- Taking into account the implications of future
population growth; (Recreation, Cultural and Facility Services)
- Looking for opportunities to expand, acquire and
provide space for future needs; (Planning, Infrastructure and Economic Development)
- Identifying methods to pay for enhanced community
space through Community Benefits Charges which are soon replacing soft Development
Charges. (Planning, Infrastructure and Economic Development)
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Councillor J. Leiper (Inquiry OCC
20-10)
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For the Confederation Line, please provide a
detailed accounting of:
·
The failure deductions that have been assessed against Rideau
Transit Maintenance (RTM) since Revenue Service Availability (RSA);
·
All failures for which the City has agreed there was an excusing
cause, inclusive from August 31 until today;
·
For each rolling three-month period of RSA, how many failure
points have been assessed?
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Council adjourned
the meeting at 12:09 pm.
_______________________________
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CITY
CLERK MAYOR