OTTAWA CITY COUNCIL
Wednesday, 27 March 2019
10:00 am
Andrew S. Haydon Hall, 110 Laurier Avenue W.
MINUTES 10
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on Wednesday, 27 March 2019 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
Bayview Public School Choir.
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Mayor Watson presented the Mayor’s City Builder Award to
the Trend Arlington Community Association in recognition of their work and
support for the community following a tornado on September 21st,
2018.
Mayor Watson presented a proclamation declaring March
27, 2019 Carleton University Ravens Men’s Basketball Team Day to members of the
Carleton University Ravens Men’s Basketball team in
recognition of winning their 8th consecutive and 14th
record-breaking Canadian Interuniversity Sport Basketball Championship national
title in seventeen years.
All Members were
present, except Councillor S. Moffatt.
CONFIRMED
No declarations of
interest were filed.
MOTION NO 10/1
Moved by
Councillor A. Hubley
Seconded by Councillor C. McKenney
That Agriculture and Rural Affairs Committee Report 2; Built
Heritage
Sub-Committee Report 1; Community and Protective
Services Committee Report 2; Finance and Economic Development Committee Report
2A; and the report from the City Clerk and Solicitor
entitled “Summary of Oral and Written Public
Submissions for Items Subject to the Planning Act ‘Explanation
Requirements’ at the City Council Meeting of March 6, 2019”; be
received and considered.
CARRIED
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COMMITTEE
RECOMMENDATIONS, AS AMENDED
1.
That Council approve an amendment to Zoning By-law 2008-250 for part
of 2596 Carp Road to permit a concrete batching plant with an increased
maximum height of 24 metres as a permitted use on the Subject Property and to
re zone a portion of the Huntley Creek meanderbelt as open space while
allowing for the continued use of an existing building as an office, as
detailed in Document 2 as amended by the following:
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Section 2.d. in its
entirety be amended to be replaced with the following text:
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a) “d. In column V, add the following:
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- Maximum building height for a concrete batching
plant: 24m
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- The holding symbol may only be removed at such
time that it is demonstrated to the satisfaction of the General Manager of
Planning, Infrastructure and Economic Development that:
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i. Air, Noise and Dust
Environmental Compliance Approval has been obtained from the
Ministry of the Environment, Conservation and Parks; and
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ii. a study as per the City’s
Transportation Impact Assessment Guidelines, considering traffic impacts of
the proposed concrete plant, is submitted to City staff.”
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b) that there be no further notice pursuant
to Sub-section 34(17) of the Planning Act.
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CARRIED on a division of 16 YEAS and 6 NAYS, as
follows:
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YEAS (16):
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Councillors M. Fleury, J. Harder, G. Darouze, J. Sudds, K. Egli,
M. Luloff, S. Blais, L. Dudas, G. Gower, E. El-Chantiry,
J. Cloutier, R. Chiarelli, R. Brockington, T. Tierney, A. Hubley, Mayor J.
Watson
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NAYS (6):
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Councillors S. Menard, C.A Meehan, D. Deans, C. McKenney,
J. Leiper, and T. Kavanagh
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DIRECTION
TO STAFF:
That
staff in Planning, Infrastructure and Economic Development and the Clerk’s
office be directed to compile the environmental concerns received by the City
on the 2596 Carp Road Zoning Amendment between February 25th, 2019, when the
report was published, and today’s Council meeting, and submit the comments via
letter to the Ministry of Environment, Conservation and Parks as part of their
Environmental Compliance Approval consultation process.
BUILT HERITAGE SUB-COMMITTEE REPORT 1
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SUB-COMMITTEE
RECOMMENDATIONS
That Council:
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1. Approve
the application to construct a new building at 103A Crichton Street,
according to plans prepared by Urbankeios dated January 30, 2019 and received
February 1, 2019.
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2. Delegate
authority for minor design changes to the General Manager, Planning,
Infrastructure and Economic Development Department.
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3. Issue
the heritage permit with a two-year expiry date from the date of issuance.
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(Note: The statutory
90-day timeline for consideration of this application under the Ontario
Heritage Act will expire on May 2, 2019.)
(Note: Approval to alter
this property under the Ontario Heritage Act must not be construed to
meet the requirements for the issuance of a building permit.)
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CARRIED
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SUB-COMMITTEE
RECOMMENDATIONS
That Council:
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1. Approve
the application to demolish the building at 518 Mariposa Crescent, received
on January 7, 2019;
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2. Approve
the application to construct a new building at 518 Mariposa Crescent
according to plans prepared by Andre Godin, dated December 20, 2018 and
received January 7, 2019;
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3. Approve
the landscape design for the property at 518 Mariposa Crescent according to
plans prepared by Gino Aiello, Landscape Architect, dated December 19, 2018
and received January 7, 2019;
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4. Delegate
authority for minor design changes to the General Manager, Planning,
Infrastructure and Economic Development Department;
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5. Issue
the heritage permit with a two-year expiry date from the date of issuance
unless extended by Council prior to expiry.
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(Note: The statutory
90-day timeline for consideration of this application under the Ontario Heritage
Act will expire on April 7 2019.)
(Note: Approval to alter
this property under the Ontario Heritage Act must not be construed to
meet the requirements for the issuance of a building permit.)
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CARRIED
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COMMITTEE RECOMMENDATIONS, AS
AMENDED
That Council:
1. Approve the allocation of
fees generated through the Vehicle-for-Hire Accessibility Fund to the
initiatives described in this report;
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2. Delegate
authority to the General Manager, Emergency and Protective Services to adjust
the annual allocation of fees generated through the Vehicle-for-Hire
Accessibility Fund as necessary and as described in this report and as
recommended by the Vehicle-for-Hire Accessibility Fund Steering Committee;
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3. Delegate
authority to the Director, By-law and Regulatory Services, in consultation
with the City Clerk and Solicitor, to negotiate, finalize and execute
voluntary accessibility surcharges with Private Transportation Companies; and
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4. Approve that no funds from
the Vehicle-for-Hire Accessibility Fund be allocated to the creation of the
Para Transpo Smartphone application.
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5. Approve that the General
Manager of Emergency and Protective Services be given the delegated authority
to reallocate the funds for the Para Transpo Smartphone application to the
remaining recommendations outlined in the report.
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MOTION NO 10/2
Moved
by Councillor R. Brockington
Seconded by Councillor M. Luloff
WHEREAS the Vehicle-for-Hire
Accessibility Fund is generated through a voluntary accessibility surcharge
provided by private transportation companies (PTCs);
AND WHEREAS Council directed staff in April
2016 to negotiate a surcharge with PTCs who do not provide fully accessible
services;
AND WHEREAS staff negotiated a voluntary
accessibility surcharge of $0.07 with licensed PTCs;
AND WHEREAS, as set out in the April 2016
Report to Council, KPMG recommended a surcharge of $0.30;
AND WHEREAS the Vehicle-for-Hire Accessibility
Fund public consultations resulted in 33 ideas from the public to spend these
funds;
AND WHEREAS three ideas will be funded through
the Vehicle-for-Hire Accessibility Fund – Allocation Plan report, if approved;
AND WHEREAS additional accessible service could
be funded with increased funds;
THEREFORE BE IT RESOLVED that the General Manager, Emergency and
Protective Services be directed to re-negotiate the accessibility surcharge
with Private Transportation Companies (PTCs) with a view to increasing their
contribution, in order to be more in line with the recommendation from KPMG,
and report back to Community and Protective Services Committee at the
conclusion of these negotiations; and
BE IT FURTHER RESOLVED that the
Clerk, on behalf of Council, forward Council’s request from April 2016 for
additional legislative authority to the new Provincial Government.
CARRIED
The
Committee recommendations, as amended by Motion 10/2 were put to Council and
CARRIED with Councillor M. Fleury dissenting.
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COMMITTEE RECOMMENDATION, AS AMENDED
That Council approve the Sub-Committee's Terms of Reference, as
outlined in this report and attached at revised Document 1, as amended by the
Information Technology Sub-Committee. (as set out in motion no. ITSC 01/01)
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CARRIED
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COMMITTEE RECOMMENDATIONS, AS AMENDED
That Council:
1. Receive this report for
information;
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2. Advise the Provincial
Government of its support for reforms to the principle of joint and several
liability in Ontario that would provide fair compensation to seriously
injured persons while also protecting municipal taxpayers from having to bear
a disproportionate share of the responsibility for providing that
compensation; and,
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3. Direct the City Clerk and
Solicitor to provide the Finance and Economic Development Committee with a
future update on the Ontario Government’s consultation process, once more is
known about it.
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CARRIED
COMMITTEE RECOMMENDATION
That Council approve an amendment to Zoning By-law
2008-250 for part of 7065 Snake Island Road, for the purposes of rezoning a
portion of the lands from Agricultural Subzone 2 to Agricultural Subzone 6,
to prohibit residential uses on the retained farmland, as detailed in
Document 2.
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CARRIED
COMMITTEE RECOMMENDATION
That Council receive this report for information.
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RECEIVED
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COMMITTEE
RECOMMENDATIONS
That
Council:
1. Replace
the previous Brownfield Grant Approval for 300 Moodie Drive that was issued
in 2015 with a new approval for a Brownfields Property Tax Assistance/Rehabilitation
Grant application submitted by Colonnade Hotel Investment G.P. Inc., owner of
the property at 300 Moodie Drive, under the Brownfield Redevelopment
Community Improvement Plan Program not to exceed $687,593 over a maximum of
five years, subject to the establishment of, and in accordance with, the
terms and conditions of the Brownfields Property Tax Assistance and
Rehabilitation Grant Agreement; and
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2. Delegate
the authority to the General Manager, Planning, Infrastructure and Economic
Development, to execute a Brownfields Property Tax Assistance and
Rehabilitation Grant Agreement with Colonnade Hotel Investment G.P. Inc.,
establishing the terms and conditions governing the payment of the
brownfields grant for the redevelopment of 300 Moodie Drive, to the
satisfaction of the General Manager, Planning, Infrastructure and Economic
Development, the City Clerk and Solicitor and the City Treasurer.
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CARRIED
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REPORT RECOMMENDATION
That Council approve the Summaries of Oral and Written Public
Submissions for items considered at the City Council Meeting of March 6, 2019
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 3.
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CARRIED
RECEIVED
MOTION NO 10/3
Moved
by Councillor L. Dudas
Seconded by Councillor G. Darouze
BE IT RESOLVED THAT the Rules of Procedure be suspended to permit
the receipt of a briefing from the City Manager with respect to the City’s
Succession Plan and organizational alignment, and the consideration of any
associated motions and recommendations by Council in open session; and
BE IT FURTHER RESOLVED that City Council resolve In Camera pursuant
to the Procedure By-law 2019-8, Subsections 13.(1)(b) personal matters
about an identifiable individual, including staff; 13.(1)(d) labour relations
or employee negotiations in order to receive a briefing from the City Manager
with respect to the City’s Succession Plan and
organizational alignment.
CARRIED
Council
resolved In-Camera at 11:09 a.m.
IN
CAMERA SESSION
IN COUNCIL
Council
resumed in open session at 12:24 p.m.
Upon
resuming in open session, Mayor Watson indicated that City Council had just met
In Camera in order to receive a briefing from the City Manager with respect to
the City’s Succession Plan and organizational alignment. Specifically, Council dealt with matters related to the City’s
succession plan for key leadership positions and associated changes to the
City’s organizational structure. He indicated that the City Manager would be
providing his presentation on this matter in open session, to be followed by a
Motion. During the In-Camera session no votes were taken other than procedural
motions and/or directions to staff.
City
Manager Steve Kanellakos then provided a PowerPoint presentation on the
Succession Plan and Organizational Alignment, a copy of which is held on file
with the City Clerk.
MOTION NO 10/4
Moved
by Councillor G. Darouze
Seconded by Councillor L. Dudas
WHEREAS on March 20, 2019, the City Manager announced the pending
retirements of two of the City’s General Managers on the Senior Leadership
Team; and
WHEREAS on March 27, 2019, City Council received a presentation on
the succession planning at the senior management level by the City Manager,
which streamlines the City of Ottawa’s organizational structure for the
effective and efficient delivery of services that is in keeping with Council’s
priority for a proactive succession management program; and
WHEREAS the City Manager has also provided an overview of a new
organizational alignment on areas within his delegated authority, which
included personal matters about identifiable individuals as well as employee
and labour relations;
THERFORE BE IT RESOLVED that City Council receive the City of
Ottawa’s succession planning for the senior management level and new
organizational structure as presented by the City Manager at the City Council
meeting of March 27, 2019, and approve the change in title and scope of two
statutory officers as described in the associated presentation and as follows:
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That the City Clerk & Solicitor position
become two positions, one being the City Clerk and one being the City
Solicitor; and
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That the City Treasurer and General Manager
of Corporate Services become two positions, the City Treasurer/Chief Financial
Officer and the General Manager of Innovative Client Services;
BE IT FURTHER RESOLVED that City Council authorize the City Manager
to delegate any authority that was previously assigned to any member of the
former senior management team under the Delegation of Authority By-law, or any
other By-law of the City, subject to any existing limitations, to any member of
the new senior management team, to be consistent with the new organizational
structure once it is finalized, until such time as these By-laws can be
formally updated, and on the understanding that the City Manager will notify
City Council of those assignments; and
BE IT FURTHER RESOLVED that the City Manager be delegated the
authority to submit directly to Council any by-laws necessary to implement the
final organizational alignment.
CARRIED
MOTION NO 10/5
Moved by Councillor
A. Hubley
Seconded by Councillor C. McKenney
That Agriculture and Rural Affairs Committee Report 2; Built
Heritage
Sub-Committee Report 1; Community and Protective
Services Committee Report 2; Finance and Economic Development Committee Report
2A; and the report from the City Clerk and Solicitor entitled
“Summary of Oral and Written Public Submissions for
Items Subject to the Planning Act ‘Explanation Requirements’ at the City
Council Meeting of March 6, 2019”; be received and adopted as amended.
CARRIED
MOTION NO 10/6
Moved
by Councillor S. Menard
Seconded by Councillor R. Brockington
WHEREAS the Ottawa Sports and
Entertainment Group (OSEG) would like to use firework related smoke devices at
Ottawa Fury Games at TD Place and;
WHEREAS OSEG has developed procedures to
ensure the safety of staff and patrons of the events and;
WHEREAS the City of Ottawa prohibits the use
of smoke devices in By-law No. 2003-237, being the Fireworks By-law and;
WHEREAS OSEG has used smoke devices in 2017
and 2018 with prior approval by City Council and received no complaints and;
WHEREAS Ottawa Fire Services has been
consulted on the smoke devices and believes these devices can be used safely;
THEREFORE BE IT RESOLVED that the City of
Ottawa grant an exemption to By-law No. 2003-237 to the Ottawa Sports and
Entertainment Group (“OSEG”), to allow for the use of smoke devices for Fury
Games starting April 1, 2019 until December 31, 2022, for home games and
playoff games, if required, and granting OSEG an exemption from Section 17 of
the By-law, which requires a permit application to be made 30-days in advance
to the proposed use, subject to OSEG meeting all other permit requirements of
the By-law, including Section 18, to the satisfaction of the Fire Chief.
CARRIED
MOTION NO 10/7
Moved
by Councillor M. Fleury
Seconded by Mayor J. Watson
That the Rules of Procedure be suspended to consider the following
motion as it impacts the timing of tendering of the project and the ability to
commence construction this year.
WHEREAS the City is undertaking the revitalization of Montreal Road
between North River Road and St. Laurent Boulevard, a traditional mainstreet as established in the City of Ottawa’s Official Plan; and
WHEREAS the project is expected to be tendered this spring following
the last public open house with the community to be held in April 2019, and, as
such, time is of the essence to consider this motion as it will impact the
design; and
WHEREAS the 2006 Council approved Urban Design Guidelines for
Traditional Mainstreets recommend the provision of unobstructed 2-metre wide
sidewalks, and the 2016 Council approved Accessibility Design Guidelines
require a minimum clear width of 1.8 metres; and
WHEREAS through the detailed design, a clear sidewalk path of travel
of 1.8 metres cannot be achieved due to existing hydro poles between North
River Road and Palace Street (250 m), and between Altha Street and L’Eglise
Street (640 m); and
WHEREAS hydro wires are already buried between Palace Street and
Altha Street for a distance of 780 metres, and there is a requirement for
technical reasons to bury the section between St. Anne Street and Altha Street
for a distance of 140 metres; and
WHEREAS the Underground Wiring Policy approved by Council in March
2011, direct that the undergrounding of overhead wires on City right-of-ways be
undertaken only when the full cost of burial is paid for by the requesting
party, or as otherwise approved by Council on a case-by-case basis; and
WHEREAS the City is making a significant investment to renew
Montreal Road and North River Road (estimated at $42 million) with funding
authority identified as part of the 2019 and 2020 capital budgets, and there is
a desire to improve existing clear sidewalks widths to improve accessibility
along this traditional mainstreet; and
WHEREAS for the sections between North River Road and Palace Street,
and between St. Anne Street and L’Eglise Street, Hydro
Ottawa has estimated the cost to underground at $4.2 million and given the
improved servicing opportunities Hydro Ottawa has agreed to cost share in the
undergrounding costs by contributing $3.1 million, representing a 50-50% split
between the City and Hydro Ottawa of the labour costs and Hydro Ottawa assuming
100% of the cost of the materials (wires, ducts, transformer boxes etc).
THEREFORE
BE IT RESOLVED that Council approve the undergrounding of overhead wires for
the sections of Montréal Road described above, subject to a cost-sharing
agreement with Hydro Ottawa Inc., such that the City’s estimated $1.1 million
share of the cost for burying the hydro wires be funded the existing capital
authority for the Montréal Road project (Account 908139 Montreal Rd (N River Rd
– St Laurent Blvd)); and
BE
IT FURTHER RESOLVED that the Director, Infrastructure Services be delegated the
authority to enter into a cost sharing agreement with Hydro Ottawa Inc. for
this work, as described in this motion; and
BE
IT FURTHER RESOLVED that Planning, Infrastructure and Economic Development
staff be directed in to review the Underground Wiring Policy during this Term
of Council, with the goal of better aligning the Underground Wiring Policy with
accessibility and other planning policies that have been approved by Council
since the policy was first adopted in 2011, and to account for operational
changes by Hydro Ottawa favoring undergrounding in selected circumstances.
CARRIED
MOTION
Moved
by Councillor S. Menard
Seconded by Councillor C. McKenney
WHEREAS City Council approved—on the basis of available information
provided by senior staff and external legal counsel—the staff-recommended Stage
2 LRT proponent to construct and maintain the north-south Trillium line at its
meeting of March 6, 2019; and,
WHEREAS credible information has surfaced in media reports that
calls into question the integrity of the procurement process; and
WHEREAS Stage 2 LRT is the single largest investment of taxpayer
dollars in a capital project in the City’s history and is integral to the
City’s long-term sustainability; and,
WHEREAS it is of critical importance that the residents and
taxpayers of Ottawa have complete confidence in the transparency and integrity
of the Stage 2 LRT procurement process;
THEREFORE BE IT RESOLVED that Council request that the City’s
Auditor General launch an investigation into the procurement process that was
executed to award the LRT Stage 2 contracts.
MOTION NO 10/8
Moved by
Councillor A. Hubley
Seconded by Councillor C. McKenney
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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2019-59.
A by-law of the City of Ottawa to repeal
by-law No. 2019-22 and to establish certain lands as common and public
highway and assume it for public use (Witherspoon Crescent).
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2019-60.
A by-law of the City of Ottawa to close Cable
Crescent, City of Ottawa.
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2019-61.
A by-law of the City of Ottawa to close part
of Palladium Drive, City of Ottawa.
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2019-62.
A by-law of the City of Ottawa to establish certain
lands as common and public highway and assume them for public use (chemin
Cranesbill Road, Terrasse Silence Terrace, voie Baldcypress Way).
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2019-63.
A by-law of the City of Ottawa to close part
of Sussex Drive.
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2019-64.
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
2596 Carp Road.
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2019-65.
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 7065 Snake Island Road.
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2019-66.
A by-law of the City of Ottawa to amend By-law
No. 2008-250 to remove the holding symbol on part of the lands known
municipally as 5034 Highway 17.
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2019-67.
A by-law of the City of Ottawa 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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2019-68.
A by-law of the City of Ottawa to establish certain
lands as common and public highway and assume them for public use (Westar
Farm Way).
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2019-69.
A by-law of the City of Ottawa to designate
certain lands at 129, 131, 159 and 161 voie Boundstone Way on Plan 4M-1556 as
being exempt from Part Lot Control.
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2019-70.
A by-law of the City of Ottawa to designate
certain lands at 165, 167 and 169 Hawkeswood Drive on Plan 4M-1493 as being
exempt from Part Lot Control.
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2019-71.
A by-law of the City of Ottawa to designate
certain lands at promenade Cedar Creek Drive, place Pingwi Place, voie
Salamander Way on Plan 4M-1617 as being exempt from Part Lot Control.
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2019-72.
A by-law of the City of Ottawa to designate certain
lands at voie Hepatica Way on Plan 4M-1526 as being exempt from Part Lot
Control.
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2019-73.
A by-law of the City of Ottawa to amend By-law
No. 2003-499 respecting fire routes.
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2019-74.
A By-law of the City of Ottawa to regulate
the municipal water supply and to repeal By-law 2018-167.
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2019-75.
A by-law of the City of Ottawa
to establish fees and charges in the Building Code Services Branch for agency
letters and to repeal By-law 2018-68.
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2019-76.
A by-law of the City of Ottawa
to amend By-law No. 2016-28 to address fees relating to the prohibition,
inspection and remediation of buildings used for marijuana grow operations.
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2019-77.
A by-law of the City of Ottawa to amend By-law No. 2016-30 respecting the naming of private
roads and highways and the numbering of buildings and lots
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2019-78.
A by-law of the City of Ottawa to amend By-law
No. 2014-220 respecting the fees for building applications and permits, and
to repeal By-law No. 2018-34.
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2019-79.
A by-law of the City of Ottawa to amend By-law 2003-69, respecting fees for compliance reports
in the Building Code Services Branch, and to repeal By-law 2018-70.
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2019-80.
A by-law of the City of Ottawa to amend By-law 2016-326 respecting fees for permanent signs on
private property and to repeal By-law 2018-69.
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2019-81.
A by-law of the City of Ottawa to amend By-law No. 2015-85 respecting fees for enclosures for
privately-owned outdoor pools.
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2019-82.
A by-law of the City of Ottawa to establish
fees and charges for services, activities and information provided by Service
Ottawa, and to repeal By-law No. 2017-24.
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2019-83.
A by-law of the City of Ottawa to repeal
By-law No. 2018-63 and to amend By-law No. 2012-370 respecting fees and
charges for solid waste services.
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2019-84.
A By-law of the City of Ottawa to establish
fees and charges for services, activities and information provided by Revenue
Services of the Corporate Services Department and to repeal By-Law No.
2018-26.
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2019-85.
A by-law of the City of Ottawa to establish
stormwater service fees and to repeal By-Law No. 2018-25
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2019-86.
A by-law of the City of Ottawa for the making
of an application for approval to expropriate a property interest in the City
of Ottawa for the purposes of the Stage 2 Ottawa Light Rail Transit System
project.
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2019-87.
A by-law of the City of Ottawa to approve the
expropriation of certain property interests in the City of Ottawa for the
purposes of the Stage 2 Ottawa Light Rail Transit System project.
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MOTION NO 10/9
Moved by
Councillor A. Hubley
Seconded by Councillor C. McKenney
That
the following by-law be read and passed:
To confirm the proceedings of the Council meeting of March 27, 2019.
CARRIED
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Councillor D. Deans
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On March 6th, 2019, City Council approved, on the
basis of available information provided by senior staff and external
legal counsel, the staff-recommended Stage 2 LRT proponent to construct and
maintain the north-south Trillium line. Since then, concerns have been raised
by the media and the public with regard to the integrity of the procurement
process that resulted in the staff recommendation to Council.
To ensure that the residents and taxpayers of Ottawa have
complete confidence in the transparency and integrity of the Stage 2 LRT
procurement process, could staff please outline, clarify, and confirm the
staff delegated authority for this procurement and when and how this
delegated authority was used in the process. Specifically:
1. Upon what exact delegated authority have staff relied
on as it pertains to the procurement process for Stage 2 LRT? Please point to
any and all clauses and legal interpretations that governs this process.
2. Could the
language in the above-noted delegated authority provide staff with the
discretion to depart from the City’s Purchasing By-law, the relevant Project
Agreements or any other governing documents? For example, could staff use this delegated authority to allow a
proponent who did not achieve the technical threshold of 70% to move forward
in the process?
3. If yes (to the above), is this use of this delegated
authority considered to be emergency or special circumstance as defined under
the delegated authority bylaw (2016)?
4. If yes (to the above), could staff please explain
what reporting mechanism is being used to advise Council of the use of
special/or emergency delegated authority as required in our delegated
authority bylaw as per section 5.
5. If the use of delegated authority was not deemed
special or emergency in nature, then could staff please advise how they are
meeting the accountability and transparency requirements as per our
Delegations of Powers Bylaw?
6. Whether in the LRT procurement the requirement to
achieve a minimum of 70% in the technical scoring is an absolute pass/fail,
or whether the delegation of authority to recommend a winning proponent given
to staff in 2017 has mechanisms to override that requirement.
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Council adjourned
the meeting at 12:40 p.m.
_______________________________
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CITY
CLERK MAYOR