SPECIAL OTTAWA CITY COUNCIL
AGENDA 33
Wednesday, 13 May 2020
10
h
By Electronic Participation
This
meeting will be held through electronic participation in accordance with the Municipal
Act, 2001, as amended by Bill 187, the Municipal Emergency Act, 2020,
and an Order in Council of March 28, 2020, which amended the Emergency
Management and Civil Protection Act and prohibits organized public events
of more than five people.
REPORT RECOMMENDATION
That Council receive this report for information.
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REPORT
RECOMMENDATION
That Council approve the 2020 levies for the Rideau
Valley, South Nation and Mississippi Valley Conservation Authorities as presented
in Document 1, as outlined in this report.
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REPORT RECOMMENDATIONS
That Council:
1. Approve the
sale of a non-viable portion of the Waller Mall, described as part of the
subterranean portion of Lot T (north Rideau Street), Registered Plan 42482
being part of PIN 04214-0132, containing a subterranean area of approximately
314.56 square metres (3,386 square feet), shown as Parcel 1 on Document 1
attached, subject to any easements that may be required, to 8887322 Canada
Inc. for $467,000.00 plus HST;
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2. Waive
Section 1.4 of the Disposal of Real Property Policy that requires monies
received from the sale of properties be deposited into the Sale of Surplus
Land Account, and instead be directed to the reinstatement of the larger
Waller Mall;
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3. Waive
Section 1.3 of the Affordable Housing Land and Funding Policy which would
require that 25 per cent of the net proceeds from the sale of the non-viable
residential property, identified in Recommendation 1 above, be directed to
the Housing Reserve Fund, and instead direct this funding to the
reinstatement of the larger Waller Mall; and
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4. Amend
Clause 1 of By-law 275-80 that establishes the Waller Mall as a pedestrian
only mall, to temporarily permit vehicles on the mall.
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COMMITTEE RECOMMENDATIONS, AS AMENDED
That Council:
1. Approve the Film By-law, in
the form attached as Document 1, as outlined in this Report and amended as
follows:
• Provide, as intended, that once an
application is received by the timelines in Schedule “A”, that film permits
are issued within those timelines;
• That the noise exemption application time be
amended to 20 business days; and
• That the By-law further provide that the
issuance of permits is not unreasonably withheld, and that Section 35 and the
Guidelines be amended to clarify the requirement for applicants to demonstrate
approvals from “other levels of government”.
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2. Make minor
amendments to other by-laws to align with the Film By-law, as further
described in this Report;
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3. Delegate
authority to the General Manager, Emergency and Protective Services, to review
and amend as required the Ottawa Film Guidelines attached as Document 2, in
consultation with Economic Development Services and the Ottawa Film Office;
and
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4. That the Noise By-law be
amended to include filming events within the definition of “special events”,
and that Section 23 of the By-law be amended to require that for special
events, the noise exemption application be made 20 business days prior to
such special event occurring.
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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 April 22,
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 5.
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MOTION
Moved by Councillor J. Cloutier
Seconded by Mayor J. Watson
WHEREAS Subsection 223.19(1)
of the Municipal Act, 2001 authorizes a municipality to appoint an Auditor General “who reports to council and
is responsible for assisting the council in holding itself and its
administrators accountable for the quality of stewardship over public funds and
for achievement of value for money in municipal operations”; and
WHEREAS
on October 23, 2013, City Council approved the appointment of Ken Hughes as the
City’s Auditor General, effective December 15, 2013, and continuing for
a fixed term of seven years that is set to expire on December 31, 2020, as set
out in Subsection 3(2) of the Auditor General’s By-law [By-law No.
2013-375, as amended by By-law No. 2015-11]; and
WHEREAS the City is required by the Employment
Standards Act, 2000 and regulations to give a minimum of eight weeks’
notice to an employee in this position that the employment will terminate on
the expiry of the fixed term; and
WHEREAS
recruitment, appointment and contract administration for the City’s Auditor General
is conducted in accordance with the City’s Statutory Officer Recruitment,
Appointment and Contract Administration Policy and Procedures approved by
Council on April 8, 2020, which incorporate Council’s past practices and
include provisions with respect to objectivity, impartiality, equity and
diversity in the staffing and recruitment process while setting out the
roles of staff and hiring panels and their accountability to Council;
THEREFORE BE IT RESOLVED
that, pursuant to the process set out in the City of Ottawa’s Statutory Officer
Recruitment, Appointment and Contract Administration Policy and Procedures,
City Council:
1.
Thank Mr. Hughes for the valuable auditing work that he has
undertaken for the City of Ottawa over his tenure;
2. Provide Mr. Hughes with written notice
in compliance with the Employment Standards Act, 2000 and
regulations;
3.
Approve the Mayor (Chair), the Chair and Vice-Chair of the Audit
Committee, and the Deputy Mayors to be the Hiring Panel to interview candidates
for the position of City Auditor General, and that the Mayor also seek input
from all other Members of Council on their expectations of the desired qualifications
for same;
4.
Approve the Terms of Reference for the Hiring Panel attached to
this motion as Appendix A;
5.
Approve the engagement of an external search firm from the City’s
Standing Offer list to assist the Hiring Panel in undertaking an executive search
for a new Auditor General, to an upset limit of $50,000;
6.
Direct the Office of the City Clerk to provide the required
administrative support to the Hiring Panel; and
7.
Direct the Hiring Panel to report back to Council by Q4 of 2020 with
a recommended candidate for Council’s approval as the new Auditor General.
MOTION
Moved
by Councillor S Menard
Seconded by Councillor J. Leiper
WHEREAS By-law 2017-41 was enacted by Council on February 8, 2017
and directed the Owner of the lands at 265 Carling Avenue to enter into an
agreement pursuant to Section 37 of the Planning Act, to be registered
on title, to the satisfaction of the City Solicitor and General Manager,
Planning, Infrastructure and Economic Development, to secure an amount of
$204,581.25; and
WHEREAS 100% of the required funds were directed to improvements to
Eugene Forsey Park and Dalhousie South Park, as detailed with Part 19 of By-law
2008-250; and
WHEREAS no further improvements are needed at this time for
Dalhousie South Park beyond the $157,000.00 presently allocated for park upgrades
to this park in the 2020 City budget; and
WHEREAS it is estimated that improvements to Eugene Forsey Park can
be accommodated within a budget of $100,000.00; and
WHEREAS the Parties entered into the aforementioned Section 37
Agreement, being Instrument No. OC1859698 which was registered on January 10,
2017, but the funds have not yet been paid to the City as development in
respect of the property has not commenced; and
WHEREAS it is at the request and direction of the Ward Councillor to
have 51% the above funds redirected toward affordable housing within Ward 17;
and
WHEREAS it is at the request and direction of the Ward
Councillor that the remaining 49% of the funds would be directed to
improvements at Eugene Forsey Park; and
WHEREAS the Section 37 Agreement may be amended upon the consent and
approval of the Owner and the City, whereby such approval has been granted by
the Owner;
THEREFORE BE IT RESOLVED that Council approve an amendment to
Instrument No. OC1859698 to provide for the redistribution of the anticipated
funds in the following manner:
a) $104,581.25 be directed towards
Ward 17 Affordable Housing
b) $100,000.00 be directed
towards Eugene Forsey Park improvements; and
BE IT FURTHER RESOLVED that such amending agreement be registered on
title to the lot, to the satisfaction of the City Solicitor, in consultation
with the General Manager Planning, Infrastructure and Economic Development.
MOTION
Moved by Councillor J. Leiper
Seconded by Councillor R. King
WHEREAS at its meeting of April 20, 2020, the
Ottawa Board of Health expressed its formal support for the City of Ottawa,
federal and provincial governments to increase the amount of safe active transportation
space outdoors for residents, including when accessing essential services, to
improve their physical and mental health while still adhering to all municipal
and federal guidelines related to physical distancing as well as provincial
regulations and emergency orders against not assembling in groups of more than
five persons; and,
WHEREAS at Council’s meeting of March 25, staff
took direction as follows:
·
That, in light of new distancing
protocols, staff work with interested Councillors on targeted measures to
extend pedestrian and active transportation space on appropriate right-of-ways
within existing resources (Councillor C. McKenney)
·
That the funding associated with the
targeted measures to extend pedestrian and active transportation space on appropriate
right-of-ways be funded by the appropriate Ward Councillors’ office budgets.
(Mayor J. Watson); and
WHEREAS Councillors have collaborated with city
staff in the interim to accomplish from their ward budgets closures including
partially of Byron Avenue and across the Bank Street Bridge and those closures have
to date been successful, and the National Capital Commission has commenced a
pilot closure of a portion of Queen Elizabeth Drive all to provide safe spaces
for active transportation where appropriate physical distancing can be
practiced; and,
WHEREAS the accomplishment of road closures for
said purpose municipally solely through the Ward Councillors’ office budgets is
a constraint that will hinder the rollout of further initiatives;
THEREFORE BE IT RESOLVED that the direction to
fund pandemic-related temporary extensions of active transportation space
inclusive of accessing essential services solely through ward Councillors’
office budgets be removed, and that Councillors may work with staff to identify
opportunities for further implementations including identifying any appropriate
funding sources not restricted to their ward budgets.
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Councillors S. Moffatt and L. Dudas
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THREE READINGS
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a)
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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b)
A by-law of the
City of Ottawa to levy taxes for the year 2020 for the taxation year 2020.
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c)
A by-law of the
City of Ottawa to levy taxes for the year 2020.
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d)
A by-law of the
City of Ottawa to levy taxes for the year 2020 for police services.
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e)
A by-law of the
City of Ottawa to levy taxes for the year 2020 for the City of Ottawa's share
of the costs of the conservation authorities.
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f)
A by-law of the
City of Ottawa to establish a special levy for the Canterbury Community
Outdoor Covered Refrigerated Rink Facility within the service area known as
the Canterbury designated area for the year 2020.
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g)
A by-law of the
City of Ottawa to establish a special levy for underground hydro lines along
Kanata Avenue within the service area known as the Kanata North Hydro Service
Area for the year 2020.
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h)
A by-law of the
City of Ottawa to establish a special levy for the service area known as the
Mosquito Nuisance Control Program and Mosquito Research Program Special Area
for the year 2020.
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i)
A by-law of the
City of Ottawa to establish a special levy for fire protection and prevention
in the rural service area for the year 2020.
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j)
A by-law of the
City of Ottawa to establish a special levy for fire protection and prevention
in the urban service area for the year 2020.
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k)
A by-law of the
City of Ottawa to establish a special levy for public transportation within
the Rural Transit Service Areas for the year 2020.
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l)
A by-law of the
City of Ottawa to establish a special levy for public transportation within
the service area known as the Urban Transit Area for the year 2020.
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m)
A by-law of the
City of Ottawa respecting the calculation of the amount of taxes for
municipal and school purposes payable in respect of property in the
commercial classes industrial classes or multi-residential property class for
2020.
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n)
A by-law of the
City of Ottawa respecting property subclass tax reductions for the year 2020.
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o)
A by-law of the
City of Ottawa to establish a percentage by which tax decreases are limited
for 2020 for properties in the commercial industrial and multi-residential
property classes.
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p)
A by-law of the
City of Ottawa to establish a special levy for the Britannia Village Ottawa
River Flood Protection Works within the service area known as the Britannia
Village Ottawa River Flood Protection Program.
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q)
A by-law of the
City of Ottawa to levy a special charge in respect of the Business
Improvement Areas in the City of Ottawa and to provide for the collection of
these special charges for the year 2020.
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r)
A by-law of the
City of Ottawa to impose, levy and collect a rate for the purposes of The Sparks
Street Mall Management Board with respect to the Sparks Street Mall for the
year 2020.
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s)
A by-law of the City of Ottawa to close part
of Rideau Street being Part of Lot T on Plan 42482 designated as Part 2 on
Plan 4R-32683 in the City of Ottawa.
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t)
A by-law of the
City of Ottawa to designate certain lands at croissant de Cannes Crescent on
Plan 4M-1654, as being exempt from Part Lot Control.
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u)
A
by-law of the City of Ottawa to set the instalment due dates and the interest
and penalty rates applicable to the collection of property taxes for 2021.
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Simultaneous
interpretation of these proceedings is available.
Accessible formats and communication supports are
available, upon request.
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NOTICE
The City of Ottawa continues to take COVID-19 seriously, and in
following the advice of provincial and federal governments, is making
significant changes to services and programming to help protect health and
wellbeing of the community. City Hall is temporarily closed to help stop the
spread of COVID-19. In-person Committee and Council meetings have been
cancelled. Such meetings, as warranted, will be held electronically until
further notice. For more information about service disruptions, please visit
our COVID-19 webpage: https://ottawa.ca/en/health-and-public-safety/covid-19-ottawa.
Members of the public may watch the Council meeting live on
RogersTV or the Ottawa City Council YouTube page. For more details and
updates visit https://ottawa.ca/en/city-hall/your-city-government/watch-or-listen-council-meetings
IN CAMERA ITEMS
In Camera Items are not
subject to public discussion or audience. Any person has a right to request an independent investigation of
the propriety of dealing with matters in a closed session. A form requesting
such a review may be obtained, without charge, from the City’s website or in
person from the Chair of this meeting. Requests are kept confidential
pending any report by the Meetings Investigator and are conducted without
charge to the Requestor.
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Auditor General Hiring
Panel Terms of Reference (Appendix A to Cloutier/Watson Motion)
MANDATE
The Hiring Panel for the
Auditor General (“Hiring Panel”) is responsible for facilitating the
recruitment process for the Auditor General and recommending to City Council a preferred
candidate for the position, in accordance with the Statutory Officer Recruitment,
Appointment and Contract Administration Policy and Procedures, and any
direction from City Council.
MEMBERSHIP
Membership of the Hiring Panel shall consist
of the Mayor (Chair), the Chair and Vice-Chair of
the Audit Committee, and the Deputy Mayors.
GENERAL RESPONSIBILITIES
The Hiring Panel shall:
1. Facilitate the
recruitment and appointment process in accordance with the Statutory Officer
Recruitment, Appointment and Contract Administration Policy and Procedures, and
any direction from City Council.
SPECIFIC RESPONSIBILITIES
1.
Consider the approval of the external
search firm (if Council has approved the engagement of an external search
firm), and establish timelines to meet Council's direction;
2. Review any list(s) of candidates
prepared by the executive search firm and to select those to be interviewed for
the position;
3. Interview candidates,
select a recommended candidate for Council’s consideration, and make any other
recommendations to Council with respect to matters such as terms and conditions
that the Hiring Panel deems appropriate.
AUTHORITY,
DECISION-MAKING AND REPORTING RELATIONSHIP
The Hiring Panel shall
meet at the call of its Chair in accordance with the notice provision of
the Procedure By-law. The Hiring Panel is an ad-hoc committee of
Council. Therefore, the Panel’s meetings shall be held in accordance with Council’s Procedure
By-law, including public notice, agenda and minute provisions. It should be
noted, however, that the majority of some meetings are likely to be, by necessity
and in accordance with standards in employment and administrative law, conducted
in closed session under the relevant provisions of the Municipal Act,
2001.
Members of the Hiring
Panel may be permitted to access related confidential information. The
following City staff, or their respective designate, may be involved by the
Hiring Panel in the recruitment process and may be permitted to access related
confidential information, subject to provisions of the Statutory Officer Recruitment,
Appointment and Contract Administration Policy and Procedures:
·
Director, Human Resources and/or delegate(s) as set out in
writing;
·
City Clerk and/or delegate(s) as set out in writing;
·
City Solicitor and/or delegate(s) as set out in writing; and
·
Other staff as approved by the Hiring Panel and/or City Council.
As set out in the
Statutory Officer Recruitment, Appointment and Contract Administration Policy,
all City staff and Members of Council involved in the recruitment process are
required to hold in strict confidence all confidential information concerning
matters dealt with by the Hiring Panel. Each Member of the Hiring Panel will be
required to sign a mandatory confidentiality agreement with respect to their involvement
in the process. The confidentiality agreement must be signed at the outset of
the process, before the participant receives any confidential information.