OTTAWA CITY COUNCIL
Wednesday, 05 December 2018
10:00 am
Andrew S. Haydon Hall, 110 Laurier Avenue West
MINUTES 1
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on Wednesday, 05 December 2018 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 Mario
Robert.
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Mayor Watson presented the Mayor’s City Builder Award to
Elio Marcantonio in recognition of his work to bring the community together and
establish a BMX track in Barrhaven.
Mr. Marcantonio formed the Nepean BMX Association, a
non-profit organization, and developed a BMX racing track on Strandherd Drive
to provide a new recreational facility for the community. Mr. Marcantonio
acquired the land in Barrhaven with the help of Councillor Harder, and spent
hundreds of hours designing and building the state-of-the-art track.
The Nepean BMX Association is an inclusive and
family-friendly organization that promotes a healthy and positive lifestyle. It
is one of the fastest growing and largest BMX associations in North America.
Since hosting its first race in June 2013, the track has created a positive
economic benefit for the area and has become an important part of the community,
bringing in riders from across Ontario, the rest of Canada and the eastern
United States for races. Along with association members and volunteers, Mr.
Marcantonio works continuously to improve the track, which hosted the Capital
City Nationals in 2015, 2016 and 2018.
Mayor Watson presented a proclamation declaring December
5, 2018 University of Ottawa Gee Gees Women’s Soccer Team Day to members of the
University of Ottawa Women’s Soccer team and coaching staff in recognition of winning the 2018 U SPORTS Women’s Soccer
Championship on Sunday, November 11, 2018.
All Members were
present at the meeting.
CONFIRMED
No declarations
of interest were filed.
MOTION NO 1/1
Moved by
Councillor S. Blais
Seconded by Councillor T. Nussbaum
That the report from the
City Clerk and Solicitor entitled “2018-2022 Council Governance Review” be received and considered; and
That the Rules of Procedure be suspended to receive and table
the report from the General Manager, Emergency and
Protective Services entitled “Report on Ontario Cannabis
Legislation, Cannabis Retail Stores, and Response to Council Direction of
August 29, 2018”, as this report will be considered by Council at its
Special Meeting on Thursday, December 13 2018.
CARRIED
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That, at its meeting of
December 5, 2018, the 2018-2022 Term of Council consider and approve the
following recommendations related to the Council and committee structure,
policies, procedures and other related matters:
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PART I – COMMITTEE STRUCTURE
A – STANDING COMMITTEES, SUB-COMMITTEES AND TRANSIT COMMISSION
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1. The
Council Committee structure for the 2018-2022 Term of Council as outlined in
this report and as follows, effective immediately:
a) Agriculture
and Rural Affairs Committee;
b) Audit
Committee;
c) Community
and Protective Services Committee;
d) Environment
and Climate Protection Committee;
e) Finance
and Economic Development Committee and its associated Sub-Committees:
i) IT
Sub-Committee; and
ii) Eliminating
the Member Services Sub-Committee;
f) Planning
Committee and its associated Sub-Committee:
i) Built
Heritage Sub-Committee;
g) Transit
Commission; and
h) Transportation
Committee;
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CARRIED
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2. The
membership of the following Committees and Sub-Committee, as described in
this report:
a)
Agriculture and Rural Affairs Committee;
b)
Planning Committee; and
c)
Built Heritage Sub-Committee;
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CARRIED
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3. That
the Terms of Reference for the IT Sub-Committee be amended to formalize the
Sub-Committee’s budget approval process, as described in this report;
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CARRIED
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4. The
elimination of the Member Services Sub-Committee, as outlined in this report;
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CARRIED
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5. That the Terms of Reference
for the Built Heritage Sub-Committee be revised to enable the Sub-Committee
to make recommendations directly to City Council regarding Ontario
Heritage Act reports approved by the Sub-Committee that do not include an
accompanying Zoning By-law or Official Plan amendment, as described in
this report;
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CARRIED
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6. That
the Terms of Reference for the Transportation Committee be revised to clarify
that Front-Ending Agreements relating to transportation matters will be
considered by Planning Committee, as described in this report;
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CARRIED
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7. The
Council, Committee and Commission Calendar, Meeting Locations and Other
Committee Matters as outlined in this report;
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CARRIED
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8. That
Chairs and Vice-Chairs be appointed for the Term of Council;
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CARRIED
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9. The
Nominating Committee mandate and process as outlined in this report;
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MOTION NO 1/2
Moved
by Councillor C. McKenney
Seconded by Councillor R. Brockington
WHEREAS the 2018-2022 Council Governance Review Report recommends
the Nominating Committee mandate and process; and
WHEREAS the report recommends that
the Nominating Committee be composed of no more than 11 members and the Mayor,
with the Mayor as Chair; and
WHEREAS other levels of government
have made gender parity a priority, including the Federal Government in 2015
with the first gender-balanced cabinet; and
WHEREAS the City of Ottawa has demonstrated a commitment to gender
equity through the recommendation of the creation of Council Liaison for Women
and Gender Equity as well as Council Sponsor Group; and
WHEREAS the 2018-2022 Governance Review Report also recommends
appointing 50 percent representation of women for Advisory Committees;
THEREFORE BE IT RESOLVED THAT the
Nominating Committee also be composed of 50 percent representation of women.
CARRIED
The
recommendation (Part IA, Recommendation 9), as amended by Motion No. 1/2, was put to Council and CARRIED.
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10. The
Ward- and position-specific appointments, as outlined in Document 1; and
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CARRIED
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11. That
the revised Terms of Reference for Standing Committees, Sub-Committees and
the Transit Commission be submitted in draft form to the respective
Committees/Commission at their first meeting in 2019 for consideration and
recommendation to Council for approval.
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MOTION NO 1/3
Moved by Councillor J. Leiper
Seconded by Councillor K. Egli
WHEREAS the Community
and Protective Services Committee (CPSC) is responsible for “operational/administrative” aspects of housing,
such as matters related to existing social housing programs, supportive housing
and homelessness programs, and emergency shelter and transitional housing
services; and
WHEREAS the
Planning Committee has been responsible for “capital” aspects of housing since
Council’s approval on December 8, 2010, of Motion No. 1/7, which provided that
the Terms of Reference for the Planning Committee would “reflect the
responsibility for the City’s Affordable Housing Strategy and all related
housing policy initiatives”; and
WHEREAS the Standing
Committee structure recommended in the 2018-2022 Council Governance Review
report would provide that responsibilities for housing issues would continue to
be divided between CPSC and the Planning Committee; and
WHEREAS “operational/administrative”
and “capital” housing issues have a direct impact on each other, and a comprehensive
review of the 10-year Housing and Homelessness Plan is due in 2019 and should
incorporate the entire housing portfolio; and
WHEREAS having
one Standing Committee be responsible for all housing issues would provide for
less confusion and allow Committee members to have a thorough understanding of
the entire housing portfolio; and
WHEREAS the
Planning Committee has the heaviest workload among Standing Committees, as noted
in the 2018-2022 Governance Review report, and CPSC may have more capacity for
the housing file; and
WHEREAS supplying
safe and affordable housing to residents of Ottawa fits within CPSC’s mandate
of creating and maintaining a safe and healthy community that promotes and
supports quality of life, including the provision of community and social
services; and
WHEREAS it is
expected that draft Terms of Reference for Standing Committees are to be
presented to the respective Committees at their first meeting in 2019 for
consideration and recommendation to Council for approval;
THEREFORE BE IT
RESOLVED that the Terms of Reference for the Community and Protective Services
Committee reflect the responsibility for the City’s Affordable Housing Strategy
for capital budgets associated with affordable housing.
LOST on a division
of 10 YAYS and 14 NAYS, as follows:
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YEAS (10):
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Councillors K.
Egli, R. Chiarelli, C. McKenney, S. Menard,
M. Fleury, T. Nussbaum, D. Deans, C. Meehan, T. Kavanagh,
J. Leiper
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NAYS (14):
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Councillors J.
Sudds, L. Dudas, E. El-Chantiry, S. Blais,
S. Moffatt, J. Harder, J. Cloutier, M. Luloff, A. Hubley, T. Tierney, G.
Darouze, G. Gower, R. Brockington, Mayor J. Watson
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MOTION NO 1/4
Moved
by Councillor T. Kavanagh
Seconded by Councillor R. Chiarelli
WHEREAS during the recent municipal election many residents voiced
concern over OC Transpo operations, in particular proposed changes to OC
Transpo bus routes and schedules in anticipation of the opening of the
Confederation LRT Line;
WHEREAS all of City Council is responsible for the operation of OC
Transpo, its public transit provider, for which Ottawa residents contributed
$285 Million in taxes in 2018;
THEREFORE BE IT RESOLVED THAT THE Terms of reference of the Transit
Commission be amended so that operational issues as the Fall Transit Services
Schedule, the Winter Transit Service Schedule and the Summer Transit Service
Schedule be considered at the Transit Commission and recommended to City
Council for approval.
WITHDRAWN
The
recommendation (Part IA, Recommendation 11) was then put to Council and CARRIED
as presented.
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B – ADVISORY COMMITTEES
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1. The
establishment of the following Advisory Committees, as outlined in this
report:
a) The
Accessibility Advisory Committee;
b) The
Arts, Culture and Recreation Advisory Committee;
c) The
Environmental Stewardship Advisory Committee;
d) The
French Language Services Advisory Committee; and
e) The
Planning Advisory Committee;
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MOTION NO 1/5
Moved
by Councillor M. Fleury
Seconded by Councillor R. Chiarelli
WHEREAS the City of Ottawa currently has five Advisory Committees
responsible for providing advice to Council policy, programs and service
delivery in the areas of Accessibility, Environmental Stewardship, French
Language Services, Planning, and Arts, Culture and Recreation; and
WHEREAS on
September 12, 2012, City Council approved the report titled, “Advisory
Committee Renewal to Support Council’s Term of Council Priorities,” which
reduced the number of Advisory Committees from 15 to five and better aligned
them with both Standing Committees and Council priorities; and
WHEREAS the
2018-2022 Council Governance Review report notes that Advisory Committees encountered
different degrees of success and sources of frustration during the 2014-2018
Term of Council; and
WHEREAS some
specific issues encountered by Advisory Committees during the 2014-2018 Term of
Council included members resigning before the end of their mandates because
they did not believe they were heard; barriers to participation at meetings;
concerns that the current system does not adequately engage residents; and that
Advisory Committees receive reports too late in the process to be able to
provide meaningful feedback; and
WHEREAS the
Office of the City Clerk and Solicitor has been piloting a new process with the
Accessibility Advisory Committee to provide departmental staff with additional
guidance on timelines and formats for bringing forward items to the Advisory
Committee, and the requirements for reporting on the feedback received; and
WHEREAS Part I,
Section B, Recommendation 1 of the 2018-2022 Council Governance Review report
recommends that the five Advisory Committees continue for the 2018-2022 Term of
Council;
THEREFORE BE IT
RESOLVED that staff be directed to examine options, within the existing
governance framework and budgets, for improving the ability for Advisory
Committee members to provide input into decision-making, including but not
limited to:
·
Providing additional flexibility
within and outside of the Advisory Committee Rules of Procedure to
eliminate any barriers to participation or feedback;
·
Having Advisory Committees meet
in the community rather than at City Hall, when relevant to the agenda item or
project under discussion;
·
Providing additional guidance to
staff on the requirements for bringing forward items to the Advisory Committee
in a timely manner, and the requirements for reporting on the feedback
received; and
BE IT FURTHER RESOLVED that these administrative
process improvements be piloted with the Arts, Culture and Recreation Advisory
Committee, and that staff be directed to report back as part of the 2018-2022
Mid-term Governance Review.
CARRIED
The
recommendation (Part IB, Recommendation 1), as amended by Motion No. 1/5, was
put to Council and CARRIED.
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2. The
renewal of the current public member appointments to the Planning Advisory
Committee for the 2018-2022 Term of Council;
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CARRIED
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3. That
Advisory Committee Council Liaisons be appointed by the relevant Standing
Committee, as outlined in this report;
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CARRIED
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4. That the following measures
be implemented to address the requirements resulting from Bill 175, the Safer
Ontario Act, 2018:
a) That the General Manager of
Emergency and Protective Services be directed to develop a draft community
safety and well-being plan, and to bring forward to the Community and
Protective Services Committee and Council a report regarding the work plan
for developing the community safety and well-being plan no later than Q4
2019, as outlined in this report; and
b) That the Terms of Reference
for Crime Prevention Ottawa (CPO) be amended to provide CPO with the
responsibility to establish an advisory committee to be designated the City’s
Community Safety and Well-Being Advisory Committee for the purposes of Bill
175, by Q2 2019, as outlined in this report.
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CARRIED
C – OTHER STANDING
COMMITTEE CHANGES AND UPDATES
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1. That City
Council approve the 2019-2022 Tax- and Rate- Supported budget
process, as outlined in this report.
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MOTION NO 1/6
Moved
by Councillor T. Nussbaum
Seconded by Councillor C.A. Meehan
WHEREAS Standing Committees of
Council are mandated to deliberate on the parts of the draft budget for which
they have responsibility, including by hearing from public delegates; and
WHEREAS it is critical that Standing Committees have the
opportunity to recommend changes to the draft budget taking into account their
own deliberation and the public input they receive; and
WHEREAS the past practice of Council has not allowed
Standing Committees to recommend increases to their respective draft budgets
unless corresponding offsets were identified; and
WHEREAS Members of Standing Committees are not
necessarily best placed to determine how best to finance recommended budget
pressures – whether through offsets elsewhere in the draft budget, use of
reserves or revenue generation; and
WHEREAS the Committee of the Whole, with appropriate
analysis from city staff, is the appropriate body to consider recommendations
from Standing Committees on any identified budget pressures;
WHEREAS Part I, Section C, Recommendation 1 of the 2018-2022
Council Governance Review report recommends that City Council approve the
2019-2022 Tax- and Rate-Supported budget process, as outlined in the report;
and
WHEREAS the recommended process for the 2019-2022 tax-supported
budgets is outlined in the report by way of a bulleted list of 11 steps on
Pages 67 and 68;
THEREFORE BE IT RESOLVED that the
following subsection of the Budget Process set out in Pages 67 and 68 of the
2018-2022 Council Governance Review report (Bullet 8) be deleted, as follows:
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“Each Standing Committee will work with
the budgets for the City departments under their mandate and any increases to
those budgets will be funded by appropriate offsetting revenues or expenditures
reductions from within the City budget as a whole.”
BE IT FURTHER RESOLVED that the following subsection of the Budget
Process (Bullet 9) be amended, as follows:
·
“Each Standing Committee will work with
the budgets for the City departments under its mandate. At the conclusion
of their review, the Standing Committees will recommend the budget for their
service areas, including any amendments made by the Committee to full Council
for consideration, review and adoption.”
BE IT FURTHER RESOLVED that the following subsection of the Budget
Process (Bullet 10) be amended, as follows:
·
“Sitting as Committee of the Whole, Council
will consider, review and amend the budget as a whole. Should
a Standing Committee recommend an increase in any such budget without a
corresponding offsetting revenues or expenditure reductions, it should identify
such an increase as a budget pressure for consideration at Committee of the
Whole and full Council. Prior to such consideration by Committee of the Whole,
staff will offer options setting out how any identified pressure could be
financed and the impact of such options should Committee of the Whole and
Council decide to do so.”
LOST on a division
of 10 YAYS and 14 NAYS, as follows:
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YEAS (10):
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Councillors R.
Chiarelli, C. McKenney, S. Menard, M. Fleury,
T. Nussbaum, D. Deans, C. Meehan, T. Kavanagh,
R. Brockington, J. Leiper
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NAYS (14):
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Councillors K. Egli,
J. Sudds, L. Dudas, E. El-Chantiry, S. Blais,
S. Moffatt, J. Harder, J. Cloutier, M. Luloff, A. Hubley, T. Tierney, G.
Darouze, G. Gower, Mayor J. Watson
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MOTION NO 1/7
Moved
by Councillor D. Deans
Seconded by Councillor S. Blais
WHEREAS Committee Chairs are tasked with a Council approved
leadership role that provides them with an opportunity to build relationships
with stakeholders and community partners; and
WHEREAS Committee Chairs have a clear understanding of the
requirements and pressures facing the departments under their specific Standing
Committee mandate; and
WHEREAS Part I, Section C, Recommendation 1 of the 2018-2022 Council
Governance Review recommends that City Council approve the 2018-2022 Tax and
Rate-Supported budget process, as outlined in the report; and
WHEREAS the recommended process for the 2018-2022 tax-supported
budgets is outlined in the report by way of a bulleted list of 11 steps, and
the fifth bullet in the recommended process states: “The City Manager will be
directed to work with the Mayor’s office to develop draft annual budgets that
are consistent with Council’s approved budget direction. The draft budgets will
also identify any onetime issues and recommend any additional strategies that
may be required to achieve Council’s direction”; and
WHEREAS the recommended process for the 2018-2022 tax-supported
budgets does not specifically provide Committee Chairs with a formal
opportunity to give valuable and direct input in developing the draft annual
budget for the departments under their mandate;
THEREFORE BE IT RESOLVED that the fifth bullet in the recommended
process for the 2018-2022 tax-supported budgets as outlined on page 67 and 68
in the 2018-2022 Council Governance Review report be amended such that the City
Manager be directed to work with the Mayor’s Office and each Committee Chair
to develop draft annual budgets that are consistent with Council’s approved
budget direction.
CARRIED
MOTION NO 1/8
Moved
by Councillor R. Chiarelli
Seconded by Councillor T. Kavanagh
WHEREAS Part I, Section C, Recommendation 1 of the 2018-2022 Council
Governance Review report recommends that City Council approve the 2019-2022
Tax- and Rate-Supported budget process, as outlined in the report; and
WHEREAS the recommended process for the 2019-2022 tax-supported
budgets is outlined in the report by way of a bulleted list of 11 steps, and
the fifth bullet in the recommended process states: “The City Manager will be
directed to work with the Mayor’s Office to develop draft annual budgets that
are consistent with Council’s approved budget direction. The draft budgets will
also identify any one-time issues and recommend any additional strategies that
may be required to achieve Council’s direction”; and
WHEREAS the recommended process for the 2019-2022 tax-supported
budgets does not specifically provide Members of Council with a formal
opportunity to give direct individual input to the Mayor’s Office before the
Mayor’s Office works with the City Manager to develop the draft annual budgets,
even if that is the intent; and
WHEREAS, for the 2015-2018 tax-supported budget process, Council
approved a motion in December 2014 to expressly provide that the Mayor would
consult with each Member of Council regarding the Member’s individual budget
priorities and concerns before the Mayor’s Office worked with the City Manager
to develop draft annual budgets;
THEREFORE BE IT RESOLVED that the recommended process for the
2019-2022 tax-supported budgets as outlined on pages 67 and 68 in the 2018-2022
Council Governance Review report be amended such that the Mayor will consult
with each Member of Council with respect to the Member’s individual budget priorities
and concerns before the Mayor’s Office works with the City Manager to develop
draft annual budgets.
CARRIED
The
recommendation (Part IC, Recommendation 1), as amended by Motions 1/7 and 1/8, was
put to Council and CARRIED on a division of 14 YEAS and 10 NAYS, as follows:
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YEAS (14):
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Councillors J.
Sudds, L. Dudas, E. El-Chantiry, S. Blais,
S. Moffatt, J. Harder, J. Cloutier, M. Luloff, M. Fleury, A. Hubley, T.
Tierney, G. Darouze, R. Brockington, Mayor J. Watson
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NAYS (10):
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Councillors K.
Egli, R. Chiarelli, C. McKenney, S. Menard,
T. Nussbaum, D. Deans, G. Gower, C. Meehan, T. Kavanagh,
J. Leiper
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PART II – ACCOUNTABILITY AND TRANSPARENCY
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1. That
the 2018 Annual Report of the Integrity Commissioner, attached as Document 2,
be received;
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CARRIED
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2. That the following measures
be implemented to address the mandatory requirements resulting from Bill 68,
the Modernizing Ontario’s Municipal Legislation Act, 2017:
a) Establish the draft Code
of Conduct for Members of Local Boards By-law, as described in this
report and in Document 2, and attached as Document 3;
b) That the Integrity
Commissioner engage an external lawyer, on retainer, as described in this
report and in Document 2; and
c) Adopt the process for
publicly registering declarations of interest, as described in this report
and in Document 2;
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CARRIED
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3. Establish
the draft Code of Conduct for Members of Council By-law, as described
in this report and in Document 2, and attached as Document 4; and
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CARRIED
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4. Establish
the draft Code of Conduct for Citizen Members of the Built Heritage
Sub-Committee By-law, as described in this report and in Document 2, and
attached as Document 5.
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CARRIED
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PART III – LOCAL BOARDS
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1. Receive the updated listing
of local boards in Document 6 and the status report on the compliance of the
City’s Agencies, Boards and Commissions (ABCs) with respect to their Municipal
Act, 2001 policy requirements, as outlined in this report; and direct
staff to provide a further update on ABC compliance as part of the 2018-2022
Mid-term Governance Review;
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MOTION NO 1/9
Moved
by Councillor M. Fleury
Seconded by Councillor E. El-Chantiry
WHEREAS Business
Improvement Areas (BIAs) are local boards established by the City of Ottawa to
oversee the improvement and promotion of their area, pursuant to Section 204 of
the Municipal Act, 2001; and
WHEREAS each local Ward
Councillor is appointed by the City as an ex-officio member of the BIA
board in their ward pursuant to Subsection 204(2)(a) of the Municipal Act,
2001; and
WHEREAS BIA boards are
required to prepare a proposed budget for each fiscal year for approval by
Council which is collected by the City pursuant to Section 208 of the Municipal
Act, 2001 by charging an annual BIA levy upon the property of all BIA
members in the designated area; and
WHEREAS in each year, the
City holds the BIA budgets collected for each BIA and assists BIA boards in the
financial management of their budgets, including processing invoices and
maintaining their books of accounts, as a service to the BIAs;
THEREFORE BE IT RESOLVED
that staff from Corporate Services and Planning Infrastructure and Economic
Development work with BIAs at the next meeting of the Ottawa Council of
Business Improvement Areas (OCOBIA) to review best practices for financial
management and reporting to the Board; and
BE IT FURTHER RESOLVED
THAT this work include exploring alternative governance and financial
management models and best practices that may respond to the individual needs
of BIAs.
CARRIED
The
recommendation (Part III, Recommendation 1), as amended by Motion No. 1/9, was
put to Council and CARRIED.
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2. Receive
an update on guidance and guidelines for selection panel members as described
in this report; and
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CARRIED
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3. That
the Ottawa Community Lands Development Corporation Board of Directors be six
members, consisting of four Members of Council and two citizen members, as
outlined in this report.
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MOTION NO 1/10
Moved
by: Councillor R. Brockington
Seconded by: Councillor J. Leiper
WHEREAS on January 28, 2009, City Council approved recommendations
to proceed with the incorporation of the Ottawa Community Lands Development
Corporation (OCLDC) to undertake City property development initiatives (Report
ACS2008-COS-RPM-0063) and proceeded with the incorporation of the OCLDC as a not-for-profit
corporation on August 6, 2009, for which the City is the sole shareholder; and
WHEREAS the objects for the Corporation as incorporated are to
promote and undertake community improvement in the City of Ottawa and to
improve municipally-owned land; and
WHEREAS after the City transfers Real Property to the OCLDC, it is
difficult for Ward Councillors to keep constituents informed of the status of
the property and to provide any feedback regarding the potential future use or
disposition of the property, particularly as there is no requirement for the
Ward Councillor to be notified of OCLDC Board meetings and no formal
opportunity for the Ward Councillor to provide comments to the Board;
THEREFORE BE IT RESOLVED that the City request that Ottawa Community
Lands Development Corporation provide notice to the Ward Councillor of any
Board meetings related to a property within the Councillor’s ward and provide a
further opportunity for the Ward Councillor to attend the meeting and provide feedback
regarding the potential future use of a property.
CARRIED
as amended by the following motion:
MOTION NO 1/11
Moved
by Councillor J. Harder
Seconded by Councillor R. Chiarelli
That the Brockington/ Leiper Motion (Motion NO 1/10) be amended to
add the following:
BE IT FURTHER RESOLVED that the following language be removed from
the report (Page 90):
“Furthermore, to avoid potential conflicts of interest, it would be
preferable that Members of Council appointed to the Board not be members of
Planning Committee nor from wards that contain significant parcels of land to
be handled by the OCLDC.”
CARRIED
The recommendation (Part
III, Recommendation 3), as amended by Motion Nos. 1/10 and 1/11, was put to
Council and CARRIED.
The
following motion was also put forward in relation to PART III – LOCAL BOARDS
MOTION NO 1/12
Moved
by Councillor M. Fleury
Seconded by Councillor C. McKenney
WHEREAS the Ontario Health Protection and Promotion Act and
By-law No. 2011-38 (being a by-law of the City of Ottawa to establish the size
of the Board of Health for the City of Ottawa Health Unit) prevent members of
the Board of Health from continuing to serve past the expiration of the Term of
Council; and
WHEREAS although the appointment of Members of Council to serve on the
Board of Health for the 2018-2022 Term of Council will be finalized relatively
quickly through the Nominating Committee process, the selection and appointment
process for citizen members to serve on the Board for the 2018-2022 term is not
expected to be finalized until early 2019; and
WHEREAS, in order to ensure that the City of Ottawa continues to
have a fully-appointed and functioning Board of Health that is able to address
any urgent requirements, staff is recommending the interim appointment of the 2014-2018
Board’s citizen members who have expressed a willingness to continue to serve
pending the outcome of the public recruitment process; and
WHEREAS, despite any interim appointments approved by Council, all
citizen members wishing to seek reappointment to the Board of Health for the
full 2018-2022 Term must apply and be subject to the same selection process as
all other citizen candidates seeking to be appointed to the Board, in
accordance with the Council-approved Appointment Policy;
THEREFORE BE IT RESOLVED that City Council approve the interim
appointment of the current citizen Members on the Board of Health pending
finalization of the selection process for the appointment of citizen members
for the full 2018-2022 Term of Council.
CARRIED
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PART IV – AMENDMENTS TO VARIOUS BY-LAWS, POLICIES AND RELATED
MATTERS
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1. The
amendments to the Procedure By-law as described in this report and in
Document 7;
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MOTION NO 1/13
Moved
by Councillor K. Egli
Seconded by Councillor M. Fleury
WHEREAS Subsection 81(10) of the Procedure By-law provides
that seven calendar days’ notice of a regular Committee/Commission meeting
shall be given to the Members of a Committee/Commission and an agenda shall be
provided to the Members seven calendar days in advance of the meeting; and
WHEREAS regular Committee/Commission meeting agendas and agenda
documents are also made available to members of the public on ottawa.ca seven
calendar days in advance of the meeting; and
WHEREAS increasing the amount of time that regular Committee/Commission
meeting agendas and agenda documents, including staff reports, are in the
public domain would provide for increased transparency and community engagement;
and
WHEREAS having Committee/Commission meeting agendas and materials
issued seven business days in advance of a meeting would generally result in
the Members of Council and the public having access to those documents nine or
10 calendar days ahead of the meeting, and would account for any timing issues
that may arise from a statutory holiday falling between the agenda distribution
and the meeting;
THEREFORE BE IT RESOLVED that Subsection 81(10) of the Procedure
By-law be amended to provide that seven business days’ notice of a regular Committee/Commission
meeting shall be given to the Members of a Committee/Commission and an agenda
shall be provided to the Members seven business days in advance of the meeting;
and
BE IT FURTHER RESOLVED that regular Committee/Commission meeting
agendas and agenda documents shall also be made available to members of the
public on ottawa.ca seven business days in advance of the meeting.
CARRIED
MOTION NO 1/14
Moved
by Councillor R. Brockington
Seconded by Councillor L. Dudas
WHEREAS the 2018-2022 Council Governance Review report recommends
the Procedure By-law be amended to provide that formal Inquiries should be
submitted in writing at least 24 hours in advance of the meeting, as described
on Pages 93 and 94 of the report and set out in Item 5 within Document 7; and
WHEREAS a formal Inquiry is an effective means of asking staff to
bring back information to an entire Committee, and the “Formal Inquiry and
Motion Tracking Process” approved by City Council in 2008 provides specific
processes that address standard and significant Inquiries; and
WHEREAS a formal Inquiry may be submitted for a variety of reasons,
including discussion that arises during a meeting, and it is not always
possible to determine in advance the specific content of an Inquiry and/or
whether an Inquiry will be submitted at a particular meeting; and
WHEREAS, given that the recommended Procedure By-law amendment would
provide a guideline and not a strict requirement for advance submission of
formal Inquiries, it would not guarantee any changes with respect to Inquiry
submission practices or the submission of frivolous Inquiries/Inquiries that
could have been answered by staff ahead of the meeting, and therefore is not
needed in formal procedures with respect to Inquiries;
THEREFORE BE IT RESOLVED that Document 7 of the 2018-2022 Council
Governance Review be revised to remove the proposed Procedure By-law provision
that formal Inquiries should be submitted in writing at least 24 hours in
advance of the meeting (Item 5).
WITHDRAWN
The
recommendation (Part IV, Recommendation 1), as amended by Motion No. 1/13, was
put to Council and CARRIED.
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2. The
amendments to the Delegation of Authority By-law as described in this
report and in Document 8;
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MOTION NO 1/15
Moved
by Councillor J. Harder
Seconded by Councillor K. Egli
WHEREAS Schedule J - Subsection 32(1) of the Delegated Authority
By-law provides delegated authority to the General Manager of Planning,
Infrastructure and Economic Development to enter into certain third party
infrastructure agreements; and
WHEREAS occasionally there are circumstances where it is
advantageous both from a timing and cost perspective to have City works
completed by a third party where the City would reimburse for works completed;
and
WHEREAS any agreements where such an arrangement could be made
currently has to have Council approval which could cause delays and increase
cost to the project.
THEREFORE BE IT RESOLVED that Schedule “J” Subsection 32 of the Delegated
Authority By-law be amended to add
(4) The General Manager, Planning, Infrastructure and Economic
Development, is delegated the authority to negotiate, conclude, and execute
agreements with a third party to reimburse for work completed on behalf of the
City provided that such agreements are consistent the departmental mandate, are
within approved budgets and that
(a) for a non-government party, the total value of
the works to be completed on behalf of the City of Ottawa shall not exceed
$1,000,000.00 and shall be established by way of a competitive procurement
process; and
(b) for a government party, the total value of the
works to be completed on behalf of the City of Ottawa shall not exceed
$5,000,000.00 and will be subject to the government party’s procurement
policies.
CARRIED
The
recommendation (Part IV, Recommendation 2), as amended by Motion No. 1/15, was
put to Council and CARRIED.
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3. The
amendments to the Procurement By-law as described in this report;
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CARRIED
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4. The
amendments to the Ottawa Fire Services By-law as described in this
report;
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CARRIED
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5. The
amendments to the Appointment Policy as described in this report and in
Document 9;
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MOTION NO 1/16
Moved
by Councillor T. Kavanagh
Seconded by Councillor M. Luloff
WHEREAS the 2018-2022 Governance
Review Report recommends appointing 50 percent representation of women for
Advisory Committees; and
WHEREAS the City of Ottawa has
demonstrated a commitment to gender equity through the recommendation of the
creation of Council Liaison for Women and Gender Equity as well as Council
Sponsor Group; and
WHEREAS other levels of government
have made gender parity a priority, including the Federal Government in 2015
with the first gender-balanced cabinet; and
WHEREAS the City of Ottawa should be
actively looking for ways to advance gender equity at the City; and
WHEREAS, for the recruitment process already
underway, the Selection Panels will be responsible for recommending to Council
the Citizen appointments to Commissions and Boards with a view to demonstrating
the City of Ottawa’s commitment to gender equity and equal representation;
THEREFORE BE IT RESOLVED that prior to the next
recruitment process, the City Clerk and Solicitor, in consultation with the new
Council Liaison on Women and Gender Equity, review the City’s recruitment,
selection and appointment practices for Commissions and Boards with the goal of
appointing 50 percent representation of women, and take into consideration
diversity, where possible.
CARRIED
The
recommendation (Part IV, Recommendation 5), as amended by Motion No. 1/16, was
put to Council and CARRIED.
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6. The
amendments to the Advisory Committees’ Participation Expense Policy as
described in this report and in Document 10;
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CARRIED
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7. The
amendments to the Advisory Committee Procedure By-law and Code of
Conduct as described in this report and in Document 11;
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CARRIED
8. The
Public Conduct Policy and Corporate Trespass to Property – Procedures as
described in this report and attached in Document 12 and Document 13;
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CARRIED
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9. The
amendments to the Commemorative Naming Policy as described in this report and
in Document 14;
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CARRIED
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10. The
amendments to the Licensing By-law, the Vehicle for Hire By-law
and the Property Standards By-law as described in this report and in
Document 15; and
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MOTION NO 1/17
Moved
by Councillor S. Menard
Seconded by Councillor C. McKenney
WHEREAS the Building Code Act, 1992, provides that persons
other than the property owner who are affected by a property standards order
may be served with a copy of the order and that a copy of the order may be
posted on the property in a location visible to the public;
AND WHEREAS such affected persons, including a complainant to the
property standards matter could potentially provide the Committee with relevant
information at an appeal hearing;
AND WHEREAS potential participants to an appeal may benefit from
further notice in order to prepare for such a hearing;
THEREFORE BE IT RESOLVED THAT By-law and Regulatory Services be
directed to give public notice of all hearings of the Property Standards and
License Appeals Committee on the City’s website;
BE IT FURTHER RESOLVED THAT Document 15 to the Governance Report
relating to the Property Standards By-law be amended by removing the text under
the Column “Property Standards By-law”, Item 3, and replacing it with the
following provisions:
Section 99
The secretary Chief License Inspector, with the
coordinator of the Committee, in receipt of the notice of appeal, shall
a)
determine the date, place and
time of the hearing of the appeal which shall take place not less than seven
(7) days and not more than thirty (30) days from the date of receipt of the
aforesaid notice; and
b) give notice in writing, via personal service
or registered mail, of the date, place and time of the hearing referred to in
paragraph (a) to:
i. the appellant;
ii. the Officer who issued the order; and
iii. any person served with a copy of the Order
as determined by the Officer as a person affected by the Order.
c) any other interested persons who the
Committee considers should receive the notice.
Section
100
1) The Committee shall hold the hearing referred to in Section 99 at
the date, place and time set out in the notice.
2) The Committee may adopt its own rules of procedure.
3) The applicant appellant may appear with or without
Counsel at the hearing, to present the appeal.
4) Any person affected by the Order may appear with or without Counsel
at the hearing and with permission of the Committee, provide information
relevant to the hearing of the appeal.
5)
The City may be represented at the hearing by
the City Solicitor or duly authorized assistant who is entitled to reply to the
appeal presented on behalf of the appellant.
CARRIED
The
recommendation (Part IV, Recommendation 10), as amended by Motion No. 1/17, was
put to Council and CARRIED.
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11. The
renewal of the Temporary Borrowing By-law as described in this report
and in Document 20.
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CARRIED
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PART V – OTHER MATTERS
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1. The
creation of the positions of Council Liaison for Housing and Homelessness,
Sports Commissioner and Council Liaison for Women’s Issues, to be considered
by the Nominating Committee and City Council, as described in this report;
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MOTION NO 1/18
Moved
by Councillor D. Deans
Seconded by Councillor C. McKenney
WHEREAS the 2018-2022 Council Governance Review Report recommends
the creation of a Council Liaison for Women’s Issues; and
WHEREAS since the original motion
passed in March 2018, it is acknowledged that the title of the position,
Council Liaison for Women’s Issues, does not use current or preferred language;
and
WHEREAS the City of Ottawa strives to
use inclusive language wherever possible;
THEREFORE BE IT RESOLVED THAT the
language in Recommendation 1 under Part V - OTHER MATTERS in 2018-2022
Governance Review Report be amended to change the name of the Council Liaison
for Women’s Issues to the new title of Council Liaison for Women and Gender Equity;
and
THEREFORE BE IT FURTHER RESOLVED THAT that new position title of
Council Liaison for Women and Gender Equity be reflected throughout the
2018-2022 Governance Review Report wherever the previous title appeared.
CARRIED
MOTION NO 1/19
Moved
by Councillor D. Deans
Seconded by Councillor R. Brockington
WHEREAS Part 5 – Other Matters of the 2018-2022 Governance Review
Report includes a recommendation to appoint a liaison on Housing and
Homelessness that will specifically work to accelerate the 10 Year Housing and
Homelessness Plan; and
WHEREAS the City of Ottawa approved a 10 Year Housing and
Homelessness Plan in 2014 with a goal of eliminating chronic homelessness and
ensuring everyone has a safe and affordable home; and
WHEREAS the 10 Year Housing and Homelessness Plan falls under the
mandate of the Community and Protective Services Committee; and
WHEREAS the Community and Protective Services Committee will be
undertaking a midpoint review of the 10 Year Homelessness Plan during the
2018-2022 term of Council; and
WHEREAS the liaison will have a leadership role in the community and
with stakeholders with regards to the Housing and Homelessness portfolio; and
WHEREAS it is critical that the Special Liaison have a working
relationship with the Chair and have a direct reporting mechanism back to the
Committee that oversees their mandate;
THEREFORE BE IT RESOLVED that the Council appointed Special Liaison
on Housing and Homelessness also be a member of the Community and Protective
Services Committee.
CARRIED
The
recommendation (Part V, Recommendation 1), as amended by Motion Nos. 1/18 and
1/19, was put to Council and CARRIED.
2. The
establishment of Council Sponsors Groups to work with staff on the
development of the respective mandates for the Council Liaisons and Sports
Commissioner, as described in this report;
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CARRIED
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3. The
establishment of three Deputy Mayor positions for the 2018-2022 Term of
Council, and that the appointments for these positions be recommended to
Council by the Mayor and included in the Nominating Committee report;
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CARRIED
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4. That
a temporary Full-time Equivalent (FTE) be provided to support the role of the
Deputy Mayors, to be funded from the Council Administrative Services budget,
as described in this report;
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CARRIED
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5. That
Council receive the information related to options for a Women’s Bureau
outlined in this report;
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CARRIED
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6. That
Council approve the establishment of a Council Sponsors Group to work with
staff on the development of a City of Ottawa Gender Equity Strategy and/or a
Women’s Bureau, and that an additional Full-time Equivalent (FTE) be
incorporated into the Draft 2019 Operating Budget in the Partner &
Stakeholder Initiatives branch of the Community and Social Services
Department, along with any additional funds required to support the first
phase of this work, as described in this report; and
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MOTION NO 1/20
Moved
by Councillor D. Deans
Seconded by Councillor C. McKenney
That Recommendation 6 in Part V-Other Matters be amended to read as
follows:
THEREFORE BE IT RESOLVED THAT That
Council approve the establishment of a Council Sponsors Group to work with
staff on the development of a City of Ottawa Gender Equity Strategy and/or a
Women’s Bureau, including developing a consultation process for setting priorities
and a measureable, outcome-based framework which takes a holistic,
intersectional approach to policy, program and practice review, coupled with
robust data collection and reporting, as described in this report, and that
an additional Full-time Equivalent (FTE) be incorporated into the Draft 2019
Operating Budget in the Partner & Stakeholder Initiatives branch of the
Community and Social Services Department, along with any additional funds
required to support the first phase of this work, as described in this report.
CARRIED
The
recommendation (Part V, Recommendation 6), as amended by Motion No. 1/20, was
put to Council and CARRIED.
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7. That
the City Clerk and Solicitor be delegated the authority to implement changes
to all related processes, procedures, policies, terms of reference and to
bring forward by-laws as required to implement Council’s decisions further to
the approval of this report and to reflect the current organizational
alignment.
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CARRIED
The
following motion was also put forward in relation to PART V – OTHER MATTERS
MOTION NO 1/21
Moved
by Councillor M. Fleury
Seconded by Councillor C. McKenney
WHEREAS on February 10, 2016, Council
considered the report titled, “2016 Parking Services Business Plan,” and
approved a recommendation directing staff to explore alternative governance
models for the Municipal Parking Management Program and the potential
opportunities and drawbacks of each as part of its overall update of the
Municipal Parking Management Strategy (MPMS); and
WHEREAS on October 3, 2018,
Transportation Committee directed staff to advise Council on the scope of the
framework and work plan that staff would undertake to respond to the February
2016 Council direction, as well as opportunities for Council to clarify/give
further direction with respect to this matter, and, in response, staff
indicated by way of a memorandum dated October 9, 2018, that there would be an
opportunity for Committee and Council to provide further direction during
consideration of the 2018-2022 Governance Review; and
WHEREAS it has been almost three years since Council directed staff
to review alternative governance models for the Municipal Parking Management
Program, and current timelines as set out in the 2018-2022 Governance Review
report would delay the implementation of any potential new governance model to
at least 2020, as staff would wait until Fall 2019 to report back to
Transportation Committee and Council with all phases of the MPMS update; and
WHEREAS in order to avoid further delay in Council’s consideration
of alternative parking governance models, as well as any duplication of efforts
that may be required to review possible models and move forward with a
potential business case and consultation, it would be preferable for parking
governance options to be reviewed and considered by Council by Q2 of 2019;
THEREFORE BE IT RESOLVED that as part of the Parking Governance
Review described in the 2018-2022 Governance Review, staff be directed to
evaluate options for potential governance models for the paid parking program and
other related matters (i.e. by-law enforcement for parking, public non-paid
parking), including the establishment of a “parking authority”, and bring
forward a report to Transportation Committee and Council no later than Q2 of
2019 that includes the results of the evaluation as well as considerations with
respect to next steps and timelines that would be required to establish a
“parking authority”.
CARRIED,
with Councillors R. Chiarelli, K. Egli and T. Tierney dissenting.
MOTION NO 1/22
Moved by Mayor J. Watson
Seconded by Councillor T. Tierney
WHEREAS, pursuant to Subsection 94(2) of the
Procedure By-law, the first meeting of the Nominating Committee has been
scheduled for 9:30 a.m. Tuesday, December 11, 2018 with its report rising for
consideration at the City Council meeting on Wednesday, December 12, 2018;
THEREFORE BE IT RESOLVED that Council approve the appointment of eight members of Council to serve as the
Nominating Committee, including the Mayor as Chair, to make recommendations to
Council on appointments of members of Council to Standing Committees,
Sub-Committees, Boards and the Selection Panels, and other appointments as set
out in the Governance Report; and
BE IT FURTHER RESOLVED that the members of the
Nominating Committee be:
Councillor S. Moffatt
Councillor E. El-Chantiry
Councillor S. Blais
Councillor L. Dudas
Councillor J. Sudds
Councillor J. Harder
Councillor T. Kavanagh
Mayor J. Watson
CARRIED
The
2018-2022 Term of Council Governance Review report, as amended by Motions 1/2,
1/5, 1/7,1/8,1/9, 1/10, 1 /11, 1/12, 1/13, 1/15, 1/16, 1/17,1/18,1/19, 1/20,1/21
and1/22 was put to Council and CARRIED.
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That, at its meeting of December 5, 2018, City Council receive and
table the “Report on Ontario Cannabis Legislation, Cannabis Retail Stores,
and Response to Council Direction of August 29, 2018” for consideration at
the December 13, 2018 Special Meeting of Council called for that purpose, and
which will include receiving public delegations.
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Anthony DiMonte,
General Manager of Emergency and Protective Services, delivered a slide
presentation, a copy of which is held on file with the City Clerk.
The report was RECEIVED
and TABLED for consideration at the Special City Council meeting of December
13, 2018.
MOTION NO 1/23
Moved by
Councillor S. Blais
Seconded by Councillor T. Nussbaum
That the report from the City Clerk and
Solicitor entitled “2018-2022 Council
Governance Review” be
received and adopted as amended.
CARRIED
MOTION
Moved
by Councillor S. Moffatt
Seconded by Mayor J. Watson
WHEREAS a community based organizing committee has been struck to
plan improvements to Centennial Park in Manotick; and
WHEREAS the first phase in the plan toward upgraded outdoor
recreation facilities is to develop an updated concept plan for the park; and
WHEREAS the concept plan will lay out the plans for improved skate
park, outdoor rink and basketball park; and
WHEREAS the Georgina Falls Trust Fund was established for the
purposes of funding improvements to the Manotick Arena and Centennial Park such
as the aforementioned plans;
THEREFORE BE IT RESOLVED that $5,500 be transferred from the
Georgina Falls Trust Fund for the purposes of developing a concept plan for
Centennial Park in Manotick.
MOTION
Moved by Councillor M. Fleury
Seconded by Councillor T. Nussbaum
WHEREAS the McArthur Avenue Improvement Plan was recently completed
and provides much-needed bike lanes that are used by residents in all seasons
throughout the year; and
WHEREAS failure to clear the McArthur Avenue bike lanes would result
in accessibility challenges for OC Transpo users and other residents; and
WHEREAS the reduction from four to two vehicular lanes as part of
the McArthur Avenue Improvement Plan has resulted in a reduced cost for road
plowing; and
WHEREAS $37,000 is required to maintain the McArthur Avenue bike lanes
to Council-approved Maintenance Quality Standards for the remainder of the
current budget year; and
WHEREAS the City Treasurer has advised that the Tax Rate Stabilization
Reserve is a potential funding source for the continued maintenance of the McArthur
Avenue bike lanes for the remainder of the current budget year;
THEREFORE BE IT RESOLVED that Council approve funding from the Tax
Rate Stabilization Reserve Fund to maintain the McArthur Avenue Bike Lanes to
Council-approved Maintenance Quality Standards for the remainder of the current
budget year.
MOTION NO 1/24
Moved by
Councillor S. Blais
Seconded by Councillor T. Nussbaum
That
the following by-law be read and passed:
To confirm the proceedings of the Council meeting of December 5,
2018.
CARRIED
Council adjourned
the meeting at 1:56 p.m.
_______________________________
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CITY
CLERK MAYOR