OTTAWA CITY COUNCIL
Wednesday, 24 May 2017
10:00 a.m.
Andrew S. Haydon Hall, 110 Laurier Avenue West
MINUTES 51
The Council of
the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West,
Ottawa, on Wednesday, 24 May 2017 beginning at 10:00 a.m.
The Mayor, Jim
Watson, presided and led Council in a moment of reflection.
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CLOSED CAPTIONING TRANSCRIPTS
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(note: the transcript can be found at the Confirmation of Minutes
link)
The national anthem was performed by St. Daniel’s School Choir.
Mayor
Watson presented the Mayor’s City Builder Award to the Very Reverend Father
Ghattas Hajal, the Dean and Pastor of St. Elias Antiochian Orthodox Cathedral.
Father Ghattas has served at the Holy Altar for 35 years and is recognized as a
City Builder for enriching the life of the Cathedral and its faithful with his
pastoral experience and leadership.
Born
in Lebanon and ordained to the Holy Priesthood in 1977, father Ghattas and his
family left Lebanon to build a new life in Canada 1990. Father Ghattas assumed
the pastorate of Saint Elias Cathedral in Ottawa in 1992, significantly
increasing the membership to 1,800, completing the new church and paying off
the mortgage. In addition to his pastorship, Father Ghattas holds many other
leadership positions in the Orthodox Church.
Father
Ghattas is also an active and outspoken pillar in the Ottawa Lebanese
community. Under his guidance, the Ottawa Lebanese Festival, chaired by George
Hanna, celebrates Lebanese culture and the Orthodox Cathedral where he proudly
and patriotically dances at the opening, carrying the Lebanese flag.
Mayor Watson presented a proclamation declaring May 24th,
2017 Carleton University Ravens Men’s Basketball Team Day to members of the
Carleton University Ravens Men’s Basketball team, in
recognition of winning their 7th consecutive and 13th record-breaking
Canadian Interuniversity Sport Basketball Championship national title in
fifteen years.
All members were
present for the meeting except Councillor D. Deans.
CONFIRMED
See
specific Agenda Items for declaration: Motions Requiring Suspension of
the Rules of Procedure (Motion No. 51/5).
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Petitions:
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Petition received containing the signatures of
357 individuals petitioning the City of Ottawa to:
1) Ensure that
the Ottawa Police are enforcing by-law 2001-260 in order to ensure the safety
and protect the rights of clinic services providers, doctors, and
patients.
2) Provide
financial grants to the Morgentaler clinic in order to assist with court
costs associated with fighting for a necessary bubble injunction.”
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Other Correspondence Received:
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Electronic Submission received containing the
names of 568 individuals with respect to ensuring safe access to the
Morgentaler Clinic in Ottawa, with the same request as the petition noted
above.
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MOTION NO. 51/1
Moved by
Councillor S. Qadri
Seconded by Councillor A. Hubley
That the
report from the Ottawa Community Lands Development Corporation entitled
“Ottawa Community Lands Development Corporation (OCLDC) - 2016 Annual Report”;
the report from the City Clerk and Solicitor’s
Office entitled “Status Update – Council Inquiries and Motions for the Period
Ending May 19, 2017” ; Community and Protective Services Committee Report 23;
Planning Committee Reports 43B and 44A; and the
report from the City Clerk and Solicitor’s Office entitled “Summary of Oral And
Written Public Submissions for Items Subject to Bill 73 ‘Explanation Requirements’
at the City Council Meeting of May 10, 2017”, be
received and considered; and
That the
petition respecting access to the Morgentaler clinic, listed under
Communications, be received
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CARRIED
REPORT
RECOMMENDATIONS
That Council:
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1. Receive the Audited financial statements of the Ottawa
Community Lands Development Corporation (OCLDC) for the Year 2016 in the
Annual Report in Document 1; and
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2. Appoint Ernst & Young LLP as the auditor of the
Ottawa Community Lands Development Corporation for the Year 2017.
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CARRIED
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REPORT RECOMMENDATION
That Council receive this report for information.
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RECEIVED
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COMMITTEE RECOMMENDATION
That Council reaffirm the eligibility criteria, applicant
selection process, approval process and reporting requirements for the
existing Essential Health and Social Supports (EHSS) Program as identified in
this report.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council receive this report for information.
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RECEIVED
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COMMITTEE RECOMMENDATION
That Council receive this report for information.
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CARRIED
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COMMITTEE RECOMMENDATIONS AS AMENDED That Council:
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1. Approve the repeal of the Noise By-law
(2004-253, as amended) and the re-enactment of the by-law as described in
Document 1 and in this report to:
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a) define and specify bass noise in the
general provision of the by-law that addresses noise likely to disturb;
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b) reduce the maximum noise threshold for
construction exemptions from 90 dB(A) to 85 dB(A), in accordance with
provincial standards;
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c) exempt municipal waste collection;
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d) enable charging of companies for
after-hours waste collection and deliveries; and
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e) reduce permitted car alarm time to 5
minutes from 20.
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2. Authorize the Manager, By-law &
Regulatory Services Branch, to finalize and make minor adjustments to the
amended and re-enacted by-law to give effect to the intent of Council.
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3. Direct:
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a) Fleet Services review the feasibility of
installing broadband back-up alarms on appropriate City vehicles and report
back to Council with options and the associated costs for consideration in
2018 Budget Deliberations;
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b) Road Services and Facilities staff or
others as identified, in consultation with Supply, review the feasibility of
incorporating requirements for broadband back-up alarms into purchasing
documents for external snow-clearing service providers using vehicles where
such alarms are appropriate;
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c) By-law & Regulatory Services staff
review the feasibility of adding to the licensing regulations related to snow
plow contractors the requirement for broadband back-up alarms on private snow
plow vehicles, as appropriate, and report back to Council in the next Term of
Council.
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CARRIED with
Councillors C. McKenney, T. Nussbaum and S. Qadri dissenting.
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COMMITTEE RECOMMENDATION AS AMENDED
That Council approve the application to demolish 270 Buchan Road,
a property located in the Rockcliffe Park Heritage Conservation District,
designated under Part V of the Ontario Heritage Act.
(Note: The statutory 90-day timeline for consideration of this
application under the Ontario Heritage Act was extended and will
expire on June 30, 2017.)
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LOST, on a division
of 10 YEAS and 13 NAYS, as follows:
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YEAS (10):
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Councillors S.
Moffatt, J. Harder, S. Blais, R. Chiarelli,
R. Brockington, T. Tierney, A. Hubley, K. Egli, M. Wilkinson,
E. El-Chantiry.
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NAYS (13):
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Councillors J.
Leiper, M. Qaqish, J. Cloutier, C. McKenney,
G. Darouze, M. Taylor, D. Chernushenko, S. Qadri, J. Mitic,
M. Fleury, B. Monette, T. Nussbaum, Mayor J. Watson.
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The
below motion was then put to Council:
MOTION NO. 51/2
Moved
by Councillor T. Nussbaum
Seconded by Mayor J. Watson
BE IT RESOLVED THAT Council:
1.
Refuse the application to demolish 270 Buchan
Road, a property located in the Rockcliffe Park Heritage Conservation District,
designated under Part V of the Ontario Heritage Act; and
2.
Refuse the application to construct a new
building on the property located at 270 Buchan Road, located in the Rockcliffe
Park Heritage Conservation District, designated under Part V of the Ontario
Heritage Act.
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CARRIED, on a
division of 13 YEAS and 10 NAYS, as follows:
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YEAS (13):
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Councillors J.
Leiper, M. Qaqish, J. Cloutier, C. McKenney,
G. Darouze, M. Taylor, D. Chernushenko, S. Qadri, J. Mitic,
M. Fleury, B. Monette, T. Nussbaum, Mayor J. Watson
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NAYS (10):
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Councillors S.
Moffatt, J. Harder, S. Blais, R. Chiarelli,
R. Brockington, T. Tierney, A. Hubley, K. Egli, M. Wilkinson,
E. El-Chantiry.
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COMMITTEE RECOMMENDATION
That Council receive this report for information.
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RECEIVED
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COMMITTEE RECOMMENDATIONS AS AMENDED
That Council approve:
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1. the City of Ottawa Development Charges
Amendment Background Study: Public Transit and Roads and Related Services
dated March 24, 2017 attached as Document 1, and as amended by Document 6
(replacement for pages 77 to 83 inclusive of the Background Study, attached
below as Supporting Document 1);
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2. that the current Development Charges
By-law be amended substantially in the form and content attached as Document
5; and
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3. that, pursuant to the Development
Charges Act, subsection 12(3), Council determines that no further public
meeting is necessary.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the Section 37 Guidelines 2017, attached as
Document 1.
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CARRIED as
amended by the following motion:
MOTION NO. 51/3
Moved
by Councillor J. Leiper
Seconded by Councillor J. Harder
WHEREAS report ACS2017-PIE-EDP-0010, which
recommends Council approve the Section 37 Guidelines 2017, was approved by
Planning Committee on May 9, 2017;
AND WHEREAS Planning Committee requested that
additional wording to guideline 7.7 Affordable Housing of the Section 37
Guidelines 2017;
THEREFORE BE IT RESOLVED that guideline 7.7
Affordable Housing of Document 1, be amended by deleting and replacing the last
sentence with:
The use of any cash payments towards affordable
housing will be determined under the discretion of the General Manager of
Community and Social Services in consultation with the Ward Councillor.
CARRIED
The Committee
Recommendations, as amended by Motion No. 51/3 and as set out in full below,
were put to Council:
CARRIED
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COMMITTEE
RECOMMENDATION
That Council approve the proposal to name Cypress Gardens Park,
located at 33 Brae Crescent, “Mary Durling Park”.
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CARRIED
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REPORT
RECOMMENDATION
That City Council approve the Summaries of Oral and Written Public
Submissions for items considered at the City Council Meeting of May 10, 2017
that are subject to the ‘Explanation Requirements’ of Bill 73, the Smart
Growth for Our Communities Act, 2015, as described in this report
and attached as Documents 1 to 4.
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CARRIED
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MOTION NO. 51/4
Moved by
Councillor S. Qadri
Seconded by Councillor A. Hubley
That the
report from the Ottawa Community Lands Development Corporation entitled
“Ottawa Community Lands Development Corporation (OCLDC) - 2016 Annual Report”;
the report from the City Clerk and Solicitor’s
Office entitled “Status Update – Council Inquiries and Motions for the Period
Ending May 19, 2017” ; Community and Protective Services Committee Report 23;
Planning Committee Reports 43B and 44A; and the
report from the City Clerk and Solicitor’s Office entitled “Summary of Oral And
Written Public Submissions for Items Subject to Bill 73 ‘Explanation
Requirements’ at the City Council Meeting of May 10, 2017” be received and adopted as amended.
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CARRIED
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Councillor Eli
El-Chantiry declared a potential direct pecuniary interest
on the below Blais/Taylor Motion (Motion No. 51/5) with respect to a Property
Tax Deferral program for residents impacted by the 2017 Flood, as he owns
property in the area affected by the May flooding event. Councillor El-Chantiry
did not take part in the discussion or vote on this item.
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MOTION NO. 51/5
Moved
by Councillor S. Blais
Seconded by Councillor M. Taylor
That City Council approve that the Rules of Procedure be suspended to
consider the following motion as the due date for final tax bill is June 15,
2017 and it is recommended that residents impacted by the flooding event
receive notice of the option to defer their taxes before that date;
WHEREAS several low-lying areas within the City
of Ottawa have been directly impacted by flooding in early May as a result of
higher water levels in the Ottawa Waterways; and
WHEREAS on May 10, 2017, Council directed the
City Treasurer to work with City staff to identify property owners impacted by
this flooding event and report back within 30 days with recommendations to
extend the due date payment of 2017 final taxes for those impacted properties;
and
WHEREAS the City Treasurer, in consultation with
the Manager, Security and Emergency Management, has identified approximately 357
properties impacted by flooding located primarily in, but not limited to, West
Carleton, Cumberland, Bay, Kitchissippi, and Orléans Ward; and
WHEREAS, to ensure that the City could provide
tax deferrals for impacted residents as soon as possible and without an undue
administrative burden, the City Treasurer has established the criteria for
eligibility for property tax deferral of the final tax bill in 2017 for
impacted property owners based on the existing Farm Grant program, as further
described in Schedule “A”; in accordance with Council’s authority under section
342 of the Municipal Act, 2001;
THEREFORE BE IT RESOLVED THAT Council approve the extension of the due date for payment of
2017 final taxes to December 7, 2017, for those properties identified by the
City Treasurer in consultation with the Manager, Security and Emergency
Management that are damaged by the May flooding event, which has prevented
their normal use, which are located in primarily, but not limited to, West
Carleton, Cumberland, Bay, Kitchissippi, and Orleans Ward, and based on the
eligibility criteria set out in Schedule “A”; and
BE IT FURTHER RESOLVED that the City Treasurer
be directed to provide impacted residents with information on their tax
deferral options as soon as possible following the adoption of this motion; and
BE IT FURTHER RESOLVED that the City Treasurer
be delegated the authority to extend the option for tax deferral to any
impacted property that may have been missed in the initial gathering of
information.
SCHEDULE “A”
Eligibility
Properties owners
impacted by the May flooding event located in
primarily, but not limited to, West Carleton, Cumberland, Bay, Kitchissippi,
and Orleans Ward, may qualify for tax deferral of the 2017 final taxes
to December 7, 2017 if the following criteria is met, as determined by the City
Treasurer:
1.
The
property must be located in an area impacted by flooding.
2.
The
building on the property was occupied in 2017 by a residence or business which
was damaged by the flooding and the flooding damage has prevented the normal
use of the residence or business located on the property.
3. Property
taxes have been paid up to date before the June 2017 final instalment.
4. Property
owners already enrolled in the Farm Grant Program and Low Income Seniors or Low
Income People with Disabilities Tax Deferral programs are not eligible.
5.
Property
owners who are not identified and notified by the City Treasurer may notify
Revenue Services prior to December 7, 2017 to confirm eligibility, to the
satisfaction of the City Treasurer.
Eligible
property owners will receive a confirmation letter through Revenue Services to
confirm the extended due date for the tax deferral of the final 2017 property
taxes.
CARRIED
MOTION NO. 51/6
Moved
by Councillor D. Chernushenko
Seconded by Councillor E. El-Chantiry
That the Rules of Procedure be waived to
consider the following motion to allow for use of the devices and the first
event would occur before the next Council meeting on June 14, 2017.
WHEREAS the Ottawa Sports and Entertainment
Group (OSEG) would like to use 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 and;
WHEREAS OSEG would like to pilot use of the
smoke devices for five (5) games this season 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 Ottawa Sports and
Entertainment Group (“OSEG”), to allow for the use of smoke devices for Fury
Games starting May 24, 2017, for five (5) games during the 2017 season, 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. 51/7
Moved
by Mayor J. Watson
Seconded by Councillor K. Egli
That the Rules of Procedure be waived, permit Council to consider
authorizing necessary repairs to the asphalt overlay to begin as soon as
possible, as set out below in the following motion:
WHEREAS the 2016-2017 winter season was among the worst in recent
memory, with over 310 cm of snow and 70 freeze-thaw cycles over a six-month
period; and
WHEREAS that number of freeze-thaw cycles generated stress on road
pavement, creating ideal conditions for potholes; and
WHEREAS the challenging winter season was followed by record
rainfalls in May and more cold weather, damaging asphalt repairs that were made
over the winter, meaning that there are considerably more potholes and other
asphalt damage this year than in a standard year; and
WHEREAS staff advises that repairing the winter damage now is
necessary to keep the City’s asphalt overlay from deteriorating further; and
WHEREAS staff has further advised that the Unscheduled Asphalt Road and
Pathway Surface Repairs program in Road Services includes repairs to paved bike
lanes; and
WHEREAS the City Treasurer confirms that sufficient funding is
available in the One-time and Unforeseen account to address the additional
operating resources required and that $2.5 million in funds being returned as
part of the capital close exercise can be made available to allow staff to
undertake this work;
THEREFORE BE IT RESOLVED that City Council approve that $400,000 be
added to the Road Services Operating Budget for the Unscheduled Asphalt Road and
Pathway Surface Repairs program, to be funded from the One-time and Unforeseen
account; and
BE IT FURTHER RESOLVED that $2.5 million be added to Project 908492
– 2017 Road Resurfacing – City-wide, to be funded as part of the capital
closing exercise, as described in this motion.
CARRIED
MOTION NO. 51/8
Moved
by Councillor A. Hubley
Seconded by Councillor T. Tierney
That City Council approve that the Rules of Procedure be suspended
to consider the following motion:
WHEREAS the Water Services branch of the Public Works and Environmental
Services Department responds to requests for services from residents relating
to rodents in sewers and provides baiting services as requested; and
WHEREAS the current population assessment in Ottawa is based on response rates
by the various service areas; and
WHEREAS the
City of Ottawa does not currently have a mechanism in place for rodent
population tracking;
THEREFORE BE IT RESOLVED THAT staff be directed to report back
to the appropriate Standing Committee on the establishment of a proactive monitoring and baiting
program as part of a longer-term comprehensive strategy for determining
baseline rodent population, and potential funding sources for such a program,
in advance of development of the 2018 draft budget.
CARRIED
MOTION TO INTRODUCE BY-LAWS
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MOTION NO. 51/9
Moved by
Councillor S. Qadri
Seconded by Councillor A. Hubley
That
the by-laws listed on the Agenda under Motion to Introduce By-laws, Three
Readings be read and passed.
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CARRIED
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By-Laws
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THREE READINGS
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2017-175.
A by-law of the City of Ottawa to amend By-law
No. 2014-229 respecting Development Charges.
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2017-180.
A by-law of the City of Ottawa to appoint
Municipal Law Enforcement Officers in accordance with private property
parking enforcement and to repeal By-law No. 2004-60, as amended.
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2017-181.
A by-law of the City of Ottawa to amend By-law
No. 2007-338, as amended, to appoint Municipal Law Enforcement Officers in
the Special Constable Unit of the Transportation Services Department.
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2017-182.
A by-law of the City of Ottawa to establish
certain lands as common and public highway and assume it for public use (rue
de la Mélodie Street).
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2017-183.
A by-law of the City of Ottawa to provide for
the partial abandonment of drainage works in the City of
Ottawa - Staidler Municipal Drain, Main Drain from station 68+69 to station
116+13 and Staidler Municipal Drain, Brooks Branch from station 0+00 to
station 5+60.
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2017-184.
A by-law of the City of Ottawa to amend By-law
2016-326, being the regulation of permanent signs on private property.
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2017-185.
A by-law of the City of Ottawa to amend By-law
No. 2008-250 of the City of Ottawa to remove the holding symbol from of the
lands known municipally as 655 and 755 Anand Private.
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2017-186.
A by-law of the City of Ottawa to designate
certain lands at Brian Good Avenue on Plan 4M-1481, as being exempt from Part
Lot Control.
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2017-187.
A by-law of the City of Ottawa to designate
certain lands at Brambling Way on Plan 4M-1471, as being exempt from Part Lot
Control.
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2017-188.
A by-law of the City of Ottawa to designate
certain lands at Strandherd Drive and promenade Dealership Drive on Plan
4M-1538, as being exempt from Part Lot Control.
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2017-189.
A by-law of the City of Ottawa to designate a
part of Block 110 on Plan 4M-1170, as being exempt from Part Lot Control.
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2017-190.
A by-law of the City of Ottawa to designate
certain lands at rue Mishawashkode Street and rue du Cartographe Street Plan
4M-1578, as being exempt from Part Lot Control.
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2017-191.
A by-law of the City of Ottawa to designate
certain lands at avenue River Run Avenue, croissant Brassy Minnow Crescent,
cercle Logperch Circle, croissant Pumpkinseed Crescent, plateau Riverboat
Heights and voie Millars Sound Way on Plan 4M-1585, as being exempt from Part
Lot Control.
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2017-192.
A by-law of the City of Ottawa to designate
certain lands at Loosestrife Way on Plan 4M-1492, as being exempt from Part
Lot Control.
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2017-193.
A
by-law of the City of Ottawa to designate certain lands at 279, 281, 283 and
285 Meadowbreeze Drive on Plan 4M-1468, as being exempt from Part Lot
Control.
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2017-194.
A
by-law of the City of Ottawa to designate certain lands at cercle Willow
Aster Circle, ruelle Helenium Lane, ruelle Gerardia Lane, voie Monardia Way
on Plan 4M-1580, as being exempt from Part Lot Control.
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CARRIED
CONFIRMATION BY-LAW
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MOTION NO. 51/10
Moved by
Councillor S. Qadri
Seconded by Councillor A. Hubley
That the following by-law be read
and passed:
By-law 2017-195 to confirm the proceedings of the Council meeting
of May 24, 2017.
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CARRIED
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Councillor R. Brockington:
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Given that the quantity and severity of potholes and overall poor
road conditions exist in many parts of River Ward and across the City, what
is the City of Ottawa doing to research and utilize new technologies and
innovative road paving techniques to maximize the quality and longevity of our
roads?
Has the City conducted performance audits of roads
where the condition deteriorated at a much faster rate than expected, such
as, but not limited to the Airport Parkway and the on/off ramps of the
Parkway at Hunt Club Road?
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Councillor D. Chernushenko:
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The prevalence of asbestos in the
construction of homes prior to the 1970s is a well-known concern in mature
neighbourhoods. The risk of exposure to
airborne asbestos exists when a home or building is being renovated or
demolished, including disturbing or removing insulation, roofing shingles,
floor tiles, roof tiles, felt or siding that contains asbestos. The
known risks associated with breathing in asbestos fibers are cancers and
other diseases, such as: asbestosis, mesothelioma and lung cancer.
Under the Building Code Act, the City does not have the authority
to ensure compliance with the Ministry of Labour’s Ontario Health and Safety
Act (OHSA), in particular the prevention of the release of harmful substances
in the air as a result of demolition.
Although the Building Code Act requires
a permit for
the demolition
of a building, buildings less than
three storeys may be demolished without professional involvement, while for
properties over three stories in height, there are no requirements under the Professional
Engineers Act to compel an applicant or engineer to address harmful
substances as a result of demolition.
In addition, since the Ontario Health and Safety Act only pertains
to the safety of the workers and not to the general public, and the
enforcement of asbestos abatement is primarily complaint-based, there is a
clear gap not only in the enforcement of the provincial legislation but also
in the assurance of public health and safety.
Can the City Clerk and Solicitor provide Council with legally
enforceable options to ensure that builders follow appropriate abatement
measures prior to demolition or may a supplementary
bylaw be added under the Building Code Act requiring that proof of harmful
substance abatement, including documentation from the Ministry of Labour, be
provided prior to the issuance of demolition permit? Are there any other
Ontario municipalities which have successfully implemented such regulations?
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Councillor C. McKenney:
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Construction
projects can often generate considerable noise that may disturb residents,
particularly on weekends when they expect there to be less noise for a
restful time.
While
the City has measures in place to help ensure accountability on its
projects,
can staff please advise what measures are currently in place to
mitigate private construction noise, and review what opportunities could be
developed to further reduce noise disruption by private developers in the
vicinity of residential properties.
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Council adjourned
the meeting at 12:23 p.m.
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CITY
CLERK MAYOR