City Council Minutes

 

 

OTTAWA CITY COUNCIL

Wednesday, 13 February 2013, 10:00 a.m.

Andrew S. Haydon Hall, 110 Laurier Avenue West

MINUTES 49

 

The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on Wednesday, 13 February 2013 beginning at 10:00 a.m.

 

 

The Mayor, Jim Watson, presided and led Council in prayer.

 

NATIONAL ANTHEM

 

The National Anthem was performed by a jazz duo from Ashbury College.

 

ANNOUNCEMENTS/CEREMONIAL ACTIVITIES

RECOGNITION – MAYOR’S CITY BUILDER AWARD

 

Mayor Jim Watson and Councillor Marianne Wilkinson presented the Mayor’s City Builder Award to Ms. Sarah Dehler for her years of dedication to environmental protection and for her ability to educate and inspire residents, about recycling, sustainability and many other environmental issues in the community.

 

PRESENTATION – GOVERNOR GENERAL CERTIFICATE OF COMMENDATION

 

Mayor Jim Watson, on behalf of His Excellency the Right Honourable David Johnston, Governor General of Canada, presented a Governor General Certificate of Commendation to Mr. Rob Lachambre for rescuing an unconscious man from his partially submerged jeep following an accident on July 21, 2011.

 

ROLL CALL

 

ALL MEMBERS WERE PRESENT EXCEPT FOR COUNCILLORS S. BLAIS,
K. HOBBS AND D. HOLMES.

 

CONFIRMATION OF MINUTES

 

The Minutes of the regular meeting of 23 January 2013 were confirmed.

 

DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS

 

No declarations were received.

 

COMMUNICATIONS

 

The following communications were received:

 

Association of Municipalities of Ontario (AMO):

 

·          

Policing Update - January 2013

 

·          

Kathleen Wynne Priority Summary

 

·          

AMO Report to Members - Highlights of the January 2013 Board Meeting

 

·          

OMERS Governance Review Report - January 29 2013

 

·          

Premier Wynne and New Ontario Cabinet Sworn In

 

REGRETS

 

Councillors S. Blais, K. Hobbs and D. Holmes advised they would be absent from the Council meeting of 13 February 2013.

 

MOTION TO INTRODUCE REPORTS

 

MOTION NO. 49/1

 

Moved by Councillor B. Monette

Seconded by Councillor R. Chiarelli

 

That Agriculture and Rural Affairs Committee Report 28; Finance and Economic Development Committee Reports 28A and 29; and Transportation Committee Report 43, be received and considered; and,

That the Rules of Procedure be suspended to receive and consider the report from the Selection Panel, Accessibility Advisory Committee, entitled “Appointment - Accessibility Advisory Committee”; the report from the Selection Panel, Arts, Culture, Heritage and Recreation Advisory Committee, entitled “Appointments -  Arts, Culture, Heritage and Recreation Advisory Committee”; the report from the Selection Panel, Built Heritage Sub-Committee, entitled “ Appointments – Built Heritage Sub Committee”; the report from the Selection Panel, Community Services Advisory Committee, entitled “Appointments – Community Services Advisory Committee”; the report from the Selection Panel, Environmental Stewardship Advisory Committee, entitled “Appointments – Environmental Stewardship Advisory Committee”; the report from the Selection Panel, French Language Services Advisory Committee, entitled “Appointments – French Language Services Advisory Committee” because of the urgency of the items contained in the reports; and,

That the Rules of Procedure be suspended to receive and consider Planning Committee Report 44 because of the urgency of the item contained in the report (specific reason set out below.)

(Waiver of the Rules is being requested for Item 13 of the City Council Agenda so that parks projects can be undertaken this construction season.)

 

CARRIED

 

REPORTS   

 

SELECTION PANEL, ACCESSIBILITY ADVISORY COMMITTEE

 

1.

APPOINTMENTS – ACCESSIBILITY ADVISORY COMMITTEE

 

REPORT RECOMMENDATION

 

That Council approve the following appointments to the Accessibility Advisory Committee, all terms to be effective upon approval and to expire on 30 November 2014:

 

Victor Emerson

Gerald (Jerry) Fiori

Phillip Carle-Turcotte

Donald G. Patterson

Terry Gilhen

Brian Wade

Joseph J. Southall

Christine Carisse

Linda Paul

Ossama Ismail (reserve 1)

James St. John (reserve 2)

 

CARRIED


SELECTION PANEL, ARTS, CULTURE, HERITAGE AND RECREATION ADVISORY COMMITTEE

 

2.

APPOINTMENTS – ARTS, CULTURE, HERITAGE AND RECREATION ADVISORY COMMITTEE

 

REPORT RECOMMENDATION
 
That Council approve the following appointments to the Arts, Culture, Heritage and Recreation Advisory Committee, all terms to be effective upon approval and to expire on 30 November 2014:
 
Rohini Bhalla
Terrence P. Quinlan
Harry J. Zarins
Richard Stanton
Greg Porteous
Nelson McDougall
Amanda Bennett
Ambereen Siddiqui
Jean-Paul Gagnon
Leona Wong (reserve 1)
John Allan (reserve 2)

 

CARRIED

 

SELECTION PANEL, BUILT HERITAGE SUB-COMMITTEE

 

3.

APPOINTMENTS – BUILT HERITAGE SUB-COMMITTEE

 

REPORT RECOMMENDATIONS

That Council approve the following appointments to the Built Heritage Sub-Committee, including waiver of Section 2.5 of the Appointment Policy as described in this report, all terms to be effective upon approval and to expire on 30 November 2014:

Barry Padolsky;
Leo A. (Sandy) Smallwood; and
Carolyn Quinn.

 

CARRIED, with Councillor P. Clark dissenting.

 

SELECTION PANEL, COMMUNITY SERVICES ADVISORY COMMITTEE

 

4.

APPOINTMENTS – COMMUNITY SERVICES ADVISORY COMMITTEE

 

REPORT RECOMMENDATION
 
That Council approve the following appointments to the Community Services Advisory Committee, all terms to be effective upon approval and to expire on 30 November 2014:
 
Janet Claridge
Steve Jaltema
Luciana Nechita
Trupati Patel
Tina Pellegrini
Chris Penton
Denis Schryburt
Manu Sharma
Stuart Sykes
Amy Read
George W. Besner (reserve 1)
Johanna Hove (reserve 2)

 

MOTION NO. 49/2

 

Moved by Councillor M. Taylor

Seconded by Councillor S. Qadri

 

WHEREAS there was a clerical error in the final order of names being recommended for appointment to the Community Services Advisory Committee;

 

THEREFORE BE IT RESOLVED that Council approve the appointments with the following amendments:

·         That George Besner be appointed as a voting member;

·         That Johanna Hove be appointed as Reserve 1; and

·         That Stuart Sykes be appointed as Reserve 2.

 

CARRIED

 

Item 4 of the City Council Agenda, as amended by Motion No. 49/2 and set out in full below, was then put to Council:

 

 

That Council approve the following appointments to the Community Services Advisory Committee, all terms to be effective upon approval and to expire on 30 November 2014:
 
Janet Claridge
Steve Jaltema
Luciana Nechita
Trupati Patel
Tina Pellegrini
Chris Penton
Denis Schryburt
Manu Sharma
Amy Read
George W. Besner
Johanna Hove (reserve 1)
Stuart Sykes (reserve 2)

 

                                                                                                            CARRIED

 

SELECTION PANEL, ENVIRONMENTAL STEWARDSHIP ADVISORY COMMITTEE

 

5.

APPOINTMENTS – ENVIRONMENTAL STEWARDSHIP ADVISORY COMMITTEE

 

REPORT RECOMMENDATION
 
That Council approve the following appointments to the Environmental Stewardship Advisory Committee, all terms to be effective upon approval and to expire on 30 November 2014:
 
Penny Thompson
Janice Dyer
Alison McDonald
Kris Nanda
Marielle McGovern
Nick Xenos
Kristoffer McNamara-Kilian
Zahirul Hasan Khan
Colleen Cranmer

 

CARRIED

 


 

SELECTION PANEL, FRENCH LANGUAGE SERVICES ADVISORY COMMITTEE

 

6.

APPOINTMENTS – FRENCH LANGUAGE SERVICES ADVISORY COMMITTEE

 

REPORT RECOMMENDATION
 
That Council approve the following appointments to the French Language Services Advisory Committee, all terms to be effective upon approval and to expire on 30 November 2014:
 
Sonia Gaal
Jessica Smith
Jean-Louis Schryburt
Étienne Camirand
Tracy Ferne
Roger Bouchard
Élizabeth Allard
Anne Walsh

 

CARRIED

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 28

 

7.

VILLAGE ZONING

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council:

 

1.      Approve amendments to Zoning By-law 2008-250 to change the zoning of lands within villages as shown in Document 1 and as detailed in Document 2; and

 

2.     Approve amendments to the Carp Community Design Plan as shown in Document 3. 

 

3.     Approve that home-based business provision be added to DR1 Zone at 6667 Rideau Valley Drive South and that no further notice be provided pursuant to Section 34(17) of the Planning Act

 


MOTION NO. 49/3

 

Moved by Councillor D. Thompson

Seconded by Councillor E. El-Chantiry

 

WHEREAS Report ACS2013-PAI-PGM-0008 recommends approval of amendments to the Zoning By-law regarding the zoning of lands within the 26 villages; and

 

WHEREAS an amendment is needed to limit the application of caps on gross leasable floor area in the RC-Rural Commercial and VM-Village Mixed-Use zones that are proposed in the above report; and

 

WHEREAS a technical amendment is needed to delete reference to minimum required lot area in exception [350r] as it applies to Constance Bay in order to properly implement the intent of the legal non-complying lot provisions proposed in the above report;

 

THEREFORE BE IT RESOLVED that Council approve amendments to report ACS2013-PAI-PGM-0008 as follows:

 

1.     Amend Document 2 – Details of Recommended Zoning by deleting the text in section 4 of Document 2 and replacing it with the following text:

 

4. Amend Section 229 (1) regarding the VM - Village Mixed-Use zone by adding language similar in intent to the following,

 

(h) No single commercial use will occupy more than 2500 m2 of gross leasable floor area on any lot in a VM zone in a village shown on Schedule 9.

 

2.     Amend Document 2 – Details of Recommended Zoning by deleting the text in section 6 of Document 2 and replacing it with the following text:

6. Amend Section 217 (1) regarding the Rural Commercial zone by adding language similar in intent to the following,

(e) No single commercial use will occupy more than 2500 m2 of gross leasable floor area on any lot in an RC zone in a village shown on Schedule 9.

3.     Amend Document 2 by adding a new section 15 as follows,

 

Amend exception [350r] as it applies to Constance Bay such that the reference to lot area is deleted from the exception in order to properly implement the intent of the legal non-complying lot provisions proposed in the Village Zoning report.

 

4.     Amend Document 2 by adding a new section 16 as follows,

 

Amend Part 17 of Zoning By-law 2008-250 by adding a new schedule 9, see attached Document 5 – Schedule 9 to Zoning By-law 2008-250;

 

5.     That a new Document 5 entitled “Schedule 9 to Zoning By-law 2008-250” be added to the report to implement the new provisions added in items 1 and 2 of this Motion, see attached Document 5 - Schedule 9 to Zoning By-law 2008-250.

 

BE IT FURTHER RESOLVED THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

CARRIED

 

Item 7 of the City Council Agenda, as amended by Motion No. 49/3 and set out in full below, was then put to Council:

 

That Council:

 

1.      Approve amendments to Zoning By-law 2008-250 to change the zoning of lands within villages as shown in Document 1 and as detailed in Document 2 and as amended by the following:

 

                                      i.        Amend Document 2 – Details of Recommended Zoning by deleting the text in section 4 of Document 2 and replacing it with the following text:

 

4. Amend Section 229 (1) regarding the VM - Village Mixed-Use zone by adding language similar in intent to the following,

 

(h) No single commercial use will occupy more than 2500 m2 of gross leasable floor area on any lot in a VM zone in a village shown on Schedule 9; and,

 

                                      ii.       Amend Document 2 – Details of Recommended Zoning by deleting the text in section 6 of Document 2 and replacing it with the following text:

6. Amend Section 217 (1) regarding the Rural Commercial zone by adding language similar in intent to the following,

(e) No single commercial use will occupy more than 2500 m2 of gross leasable floor area on any lot in an RC zone in a village shown on Schedule 9; and,

                                     iii.      Amend Document 2 by adding a new section 15 as follows:

Amend exception [350r] as it applies to Constance Bay such that the reference to lot area is deleted from the exception in order to properly implement the intent of the legal non-complying lot provisions proposed in the Village Zoning report; and,

 

                                     iv.      Amend Document 2 by adding a new section 16 as follows:

 

Amend Part 17 of Zoning By-law 2008-250 by adding a new schedule 9, see attached Document 5 – Schedule 9 to Zoning By-law 2008-250; and,

 

2.     Approve amendments to the Carp Community Design Plan as shown in Document 3; and, 

 

3.     Approve that home-based business provision be added to DR1 Zone at 6667 Rideau Valley Drive South; and,

 

4.        That a new Document 5 entitled “Schedule 9 to Zoning By-law 2008-250” be added to the report to implement the new provisions added in recommendations 1.i. and 1. ii., see attached Document 5 - Schedule 9 to Zoning By-law 2008-250; and,

5.        That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

CARRIED

 

8.

PROPOSED PARKS CANADA CANAL FEES - RESOLUTION

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Requests the Government of Canada and Parks Canada to immediately rescind the proposed Rideau Canal fees until a more acceptable proposal is presented.

 


 

2.     Requests an immediate meeting with the Minister of the Environment, Peter Kent to discuss this urgent matter which affects the economic viability of all 13 member municipalities on the Rideau Corridor.

 

3.     Asks the MP’s representing the Rideau Corridor to arrange for the requested meeting with Minister Kent.

 

4.     Directs that a copy of this resolution be forwarded to Doug Struthers, Mayor of Merrickville-Wolford to coordinate distribution.

 

CARRIED

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 28A

 

9.

BROWNFIELDS PROPERTY TAX ASSISTANCE/ REHABILITATION GRANT/DEVELOPMENT CHARGE REDUCTION PROGRAM  APPLICATION – GREENBANK SELF STORAGE CORPORATION – 300 GREENBANK ROAD. (FILE NO. F18-04-12-GREE)

 

COMMITEE RECOMMENDATIONS

 

That Council:

 

1.         Approve the Brownfields Property Tax Assistance/Rehabilitation Grant Application submitted by Greenbank Self Storage Corporation, owners of the property at 300 Greenbank Road, for a Brownfields Property Tax Assistance and Brownfields Rehabilitation Grant not to exceed $622,439.00, payable as a property tax rebate or equivalent, to Greenbank Self Storage Corporation, over a maximum of eight years, subject to the establishment of, and in accordance with, the terms and conditions of the Brownfields Property Tax Assistance/Rehabilitation Grant Agreement;

 

2.         Delegate the authority to staff to execute a Brownfields Property Tax Assistance / Rehabilitation Grant Agreement with Greenbank Self Storage Corporation, establishing the terms and conditions governing the payment of the Brownfields Property Tax Assistance / Rehabilitation Grant for the redevelopment of 300 Greenbank Road, to the satisfaction of the Deputy City Manager, Planning and Infrastructure, the City Clerk and Solicitor and the City Treasurer;

 

3.         Resolve to exempt the proposed redevelopment at 300 Greenbank Road from paying future municipal development charges up to a maximum of $276,095.00, under Section 7(t) of the Development Charges By-law 2009-216, under the Guideline for the Development Charge Reduction Program due to Site Contamination, approved by Council March 28, 2007 and is included in the $622,439.00 grant request as outlined in Recommendation 1;

 

4.         Enact a Property Tax Assistance By-law providing tax assistance for the property at 300 Greenbank Road in the form of conditional cancellation and/or deferral of the increase in the taxes levied on the property for municipal purposes under the provisions and requirements of Section 365.1 (2), as amended, of the Municipal Act, the amount not to exceed $622,439.00, subject to the terms and conditions of the Brownfields Property Tax Assistance/Rehabilitation Grant Agreement; and

 

5.          Approve staff apply for matching property education tax assistance for the property at 300 Greenbank Road under the Provincial Brownfields Financial Tax Incentive Program or through any other replacement program administered by the Ministry of Municipal Affairs and Housing.

 

CARRIED

 

10.

BROWNFIELDS REHABILITATION GRANT AND DEVELOPMENT CHARGE REDUCTION PROGRAM APPLICATION – SONIA BY THE RIVER INC – 350 MONTGOMERY STREET (FILE NO. F18-04-12-MONT)

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Approve the Brownfields Rehabilitation Grant and Development Charge Reduction Program Application submitted by Sonia by the River Inc., owners of the property at 350 Montgomery Street, for a Brownfields Grant not to exceed $422,702.00, to Sonia by the River Inc., over a maximum of 10 years, subject to the establishment of, and in accordance with the terms and conditions of a Brownfields Property Rehabilitation Grant Agreement;

 

2.     Delegate the authority to staff to execute a Brownfields Rehabilitation Grant Agreement with Sonia by the River Inc., establishing the terms and conditions governing the payment of a Brownfields Rehabilitation Grant for the redevelopment of 350 Montgomery Street, to the satisfaction of the Deputy City Manager, Planning and Infrastructure, the City Clerk and Solicitor and the City Treasurer;

 

3.     Resolve to exempt the proposed redevelopment at 350 Montgomery Street from paying future Municipal development charges up to a maximum of $356,986.00, under Section 7(t) of the Development Charges By-law 2009-216, under the Guideline for the Development Charge Reduction Program due to Site Contamination, approved by Council March 28, 2007 and is included in the $422,702.00 grant request as outlined in Recommendation 1.

 

MOTION NO. 49/4

 

Moved by Councillor M. McRae

Seconded by Councillor M. Fleury

 

WHEREAS French recommendation 3 contained in the above-noted staff report as presented to Finance and Economic Development Committee, was incorrect and did not match the English recommendation; and,

WHEREAS the English version of the recommendation contained in said report was correct;

THEREFORE BE IT RESOLVED THAT French recommendation 3 be corrected to accurately reflect the wording contained in the English recommendation, as follows:

3.  prenne les dispositions nécessaires pour dispenser le réaménagement proposé du 350, rue Montgomery du versement de toute redevance d’aménagement municipale future jusqu’à concurrence de 356 986 $, conformément au paragraphe 7 (t) du Règlement sur les redevances d’aménagement (no 2009-216) et aux lignes directrices en matière de réduction des redevances d'aménagement à cause de la contamination de l'emplacement, approuvées par le Conseil le 28 mars 2007, et fasse en sorte que cette dispense soit incluse dans la demande de subvention de 422 702 $, tel que précisé à la recommandation 1.

 

CARRIED


 

11.

TAX REBATE FOR VACANT COMMERCIAL PROPERTIES

 

COMMITTEE RECOMMENDATION

Whereas the Province has dictated that vacant commercial properties may apply for and receive a tax rebate if the property is vacant; and

Whereas this subsidy is directly from municipal revenues; and

Whereas some properties are allowed to become derelict or create property standards issues;

Therefore be it resolved that Council, to encourage activity with respect to these properties, petition the Province to limit access to this rebate to a three (3) year period.

 

MOTION NO. 49/5

 

Moved by Councillor M. Wilkinson

Seconded by Councillor E. El-Chantiry

 

WHEREAS the Province has dictated that vacant commercial properties may apply for and receive a tax rebate if the property is vacant; and

 

WHEREAS this subsidy is directly from municipal revenues; and

 

WHEREAS some properties are allowed to become derelict or create property standards issues;

 

THEREFORE BE IT RESOLVED that Council, to encourage activity with respect to these  properties, petition the Province to limit access to this rebate to a three (3) year period for properties meeting the following criteria:

 

·         more than 50% of the building is vacant;

·         the property is not in an area with higher than average vacancy;

·         the property is not a single purpose/use property; and

·         the Chief Property Standards Officer has determined that the property is derelict and does not meet generally accepted property standards.

 

CARRIED

 

Item 11 of the City Council Agenda, as amended by Motion No. 49/5 and set out in full below, was then put to Council:

 

WHEREAS the Province has dictated that vacant commercial properties may apply for and receive a tax rebate if the property is vacant; and

 

WHEREAS this subsidy is directly from municipal revenues; and

 

WHEREAS some properties are allowed to become derelict or create property standards issues;

 

THEREFORE BE IT RESOLVED that Council, to encourage activity with respect to these  properties, petition the Province to limit access to this rebate to a three (3) year period for properties meeting the following criteria:

 

·         more than 50% of the building is vacant;

·         the property is not in an area with higher than average vacancy;

·         the property is not a single purpose/use property; and

·         the Chief Property Standards Officer has determined that the property is derelict and does not meet generally accepted property standards.

 

CARRIED

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 29

 

12.

2010-2014 MID-TERM GOVERNANCE REVIEW

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council approve the following:

 

PART I – COMMITTEES OF COUNCIL AND RELATED MATTERS

 

1)        The revised Committee/Board/Other memberships as outlined in Document 1.

 

2)        The Chairs and Vice-Chairs of each Standing Committee, the Transit Commission and Sub-Committees as outlined in Document 2.

 

3)        The extension of the appointments of Blair Crew, Justin Ferrabee and Emily Rahn to the Transit Commission until the end of this term of Council.

 

4)        That the recruitment process for the vacant citizen Transit Commission position begin as soon as possible.

 

5)        That the Petition Policy be amended to provide that petitions related specifically to matters within the mandate of the Transit Commission be sent directly to the Commission as outlined in this report.

6)        That the Terms of Reference for the Transit Commission and the reporting protocols for the Auditor General and any related policies and procedures be amended such that the Transit Commission receives any audits within their mandate and delegated authority for consideration, as described in this report.

7)        That the reporting protocols for the Auditor General and any related policies and procedures be amended such that, with the exception of transit-related audits, audits are tabled with the Audit Sub-Committee and referred to the Finance and Economic Development Committee and Council, as described in this report.

PART II – OTHER GOVERNANCE-RELATED MATTERS

 

8)        That the governance for the Cumberland Heritage Village Museum and the Nepean Museum be amended as follows:

a.    The Cumberland Heritage Village Museum Board be dissolved, its by-law repealed and that it be recreated as a Departmental Consultative Group as described in this report.

b.    That the Parks, Recreations and Cultural Services Department assume operations of the Nepean Museum and Fairfield historic site including, as amended by motion vii below:

                                                    i.      The authorization of 5.38 FTEs;

                                                  ii.      The transfer of $408,923 in existing operating funding;

                                                 iii.      That the Board issue working notice to existing museum employees in accordance with the Employment Standards Act;

                                                 iv.      An effective date of transfer to take effect following completion of working notice; (as per Service Agreement, 60 days must be provided)

                                                  v.      That all contracts be ceased by the effective transfer date; and

                                                 vi.      That a Departmental Consultative Group for the Nepean Museum be established as described in this report.

                                               vii.      That  June 30, 2013, be set as the final date of transfer of operations for the Nepean Museum and Fairfields Historic Site and that any corresponding agreements and funding advancements be adjusted accordingly to support this transition period.

 

9)        That staff be directed to report back on the impact of the results of the National Capital Commission’s Request for Proposal process for the Nepean Equestrian Park on the Ottawa Municipal Campground, as outlined in this report.

 

10)     That staff be directed to undertake a review of the Pine View Municipal Golf Course’s relationship to the City as part of the Department of Parks, Recreation and Cultural Services’ review of the overall direction of City recreation services and mandate, and to report back to the Community and Protective Services Committee and Council.

 

11)     The status report on the compliance of the City’s agencies, boards and commissioners with respect to their Municipal Act, 2001 policy requirements.

12)     That Section 3 of By-law 199-81 (a by-law of the Corporation of the City of Ottawa to establish a Board of Management for the Rideau Area Improvement Area) be amended to require one Member of Council as outlined in this report.

 

PART III – AMENDMENTS TO VARIOUS BY-LAWS, POLICIES AND RELATED MATTERS

 

13)     That the Accountability and Transparency Policy be amended as described in this report, including the process for the disclosure of executed contracts.

14)     That the Office of Protocol produce an annual public disclosure of all events and gifts presented, as outlined in this report.

15)     That staff be directed to develop a Routine and Pro-active Disclosure Policy by the end of Q2, 2013.

16)     The amendments to the Commemorative Naming Policy as described in this report.

17)     The establishment of a Roadside Memorial Sign Program as described in this report.

18)     The amendments to the Delegation of Authority By-law as outlined in this report.

 

19)     That the Delegation of Powers Policy be amended as described in this report.

 

20)     That the Election-Related Resources Policy be amended as described in this report.

 

21)     The amendments to the Procedure By-law outlined in this report related to the following:

 

a)    Advisory Committees; and

b)   The Court of Revision/Committee of Revision.

 

22)     That the litigation exclusion amendment be adopted as a permanent provision of the Purchasing By-law as described in this report.

23)     That the Procedure By-law, the Delegation of Authority By-law and any other related By-laws, as amended by this report, be included in the by-law listing of a subsequent Council meeting.

PART IV – OTHER MATTERS

 

24)     The appointment of Councillor Hobbs and Councillor Chiarelli to serve on the Creative Industries Working Group of Invest Ottawa’s Film Office.

 

25)     That the Property Standards and License Committee be renamed the Property Standards and License Appeals Committee.

 

26)     That the process for tracking formal Inquiries and Motions be amended to provide for a review and recommendation for closure of Outstanding Motions and Directions from the previous Term of Council early in each new Term of Council, following the adoption of the new Term’s Priorities, as described in this report.

 

27)     The guidelines for the selection of City of Ottawa representatives for, and Member participation in, the committees and/or working groups of the federal and provincial municipal associations as described in this report.

 

28)     That a temporary 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.

 

29)     That the current policies for Council remuneration be amended as described in this report and as follows:

 

a)    That an annual cost-of-living increase for Members of Council be established at the same rate as for Management and Professional Exempt staff;

b)   That Members over the age of 65 receive benefits as described in this report; and

c)    That eligibility for the Transition Assistance Allowance include Members who retire.

 

30)     That all City policies and procedures be amended to be consistent with the recommendations in this report.

 

MOTION NO. 49/6

 

Moved by Councillor M. Taylor

Seconded by Councillor S. Moffatt

 

WHEREAS on December 6, 2006, City Council approved "that there be no opting-out provisions regarding salary arrangements for members of Council"; and

WHEREAS some Members of Council have indicated that they wish to opt out of receiving cost-of-living increases;

THEREFORE BE IT RESOLVED that Members of Council be able to opt out of salary arrangements by indicating their preference in writing with the City Clerk and Solicitor.

Motion No. 49/6 LOST on a division of 6 YEAS to 15 NAYS as follows:

 

YEAS (6):      Councillors S. Desroches, S. Moffatt, M. Taylor, D. Deans, D. Thompson and Mayor J. Watson.

 

NAYS (15):    Councillors E. El-Chantiry, R. Chiarelli, B. Monette, T. Tierney, A. Hubley, J. Harder, M. Wilkinson, M. McRae, P. Clark, K. Egli, S. Qadri, R. Bloess, M. Fleury, P. Hume and D. Chernushenko.

 

MOTION NO. 49/7

 

Moved by Councillor S. Desroches

Seconded by Mayor J. Watson

 

BE IT RESOLVED That the Mayor’s salary be frozen at its current level for the duration of this term of Council. 

 

Motion No. 49/7 CARRIED with Councillors S. Qadri and P. Clark dissenting.

 

Item 12 of the City Council Agenda, as amended by Motion No. 49/7, was then put to Council and was divided for voting purposes:

 

Recommendations 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 CARRIED.

 

Recommendation 18 CARRIED, with Councillor S. Moffatt dissenting on cultural grants.

 

Recommendations 19, 20, 21, 22, 23, 24, 25, 26 and 27 CARRIED.

 

Recommendation 28 CARRIED, with Councillor R. Bloess dissenting.

 

Recommendation 29 a) CARRIED, with Councillors S. Moffatt, T. Tierney and R. Bloess dissenting. 

 

Recommendations 29 b) and c) CARRIED, with Councillor R. Bloess dissenting.

 

Recommendation 30 CARRIED.

 

DIRECTION TO STAFF

 

That staff report back by end of May, 2013 on options available to Council with respect to the Pine View Municipal Golf Course’s relationship to the City.

 

 

PLANNING COMMITTEE REPORT 44

 

13.

CAPITAL PLANNING FOR PARKS – STAFF RESOURCES

 

COMMITTEE RECOMMENDATIONS

 

That Council approve that:

1.         The budget for the expenditure of cash-in-lieu of parkland funds from Ward Accounts, where the project costs are $100,000 or more, include an amount of 10 per cent for capital planning.

2.         The 10 per cent capital planning amount for projects in stream prior to the adoption of the 2013 budget on November 28, 2012, be funded from the City-wide cash-in-lieu of parkland account.

 


MOTION NO. 49/8

 

Moved by Councillor R. Chiarelli

Seconded by Councillor A. Hubley

 

Be it resolved that the recommendation be amended to change the funding source to City wide contingency.

 

Motion No. 49/8 LOST on a division of 6 YEAS to 14 NAYS as follows:

 

YEAS (6):      Councillors R. Chiarelli, T. Tierney, A. Hubley, K. Egli, D. Deans and
D. Chernushenko.

 

NAYS (14):    Councillors S. Desroches, S. Moffatt, E. El-Chantiry, B. Monette,
M. Taylor, J. Harder, M. Wilkinson, M. McRae, P. Clark, S. Qadri,
R. Bloess, M. Fleury, P. Hume and Mayor J. Watson
.

 

Item 13 of the City Council Agenda was then put to Council and CARRIED, with Councillors T. Tierney, K. Egli and R. Chiarelli dissenting.

 

TRANSPORTATION COMMITTEE REPORT 24

 

14.

WESTBORO LOCAL AREA PARKING STUDY

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.        Receive the Westboro Local Area Parking Study; and

 

2.     Direct staff to review the feasibility and impacts of developing a city-wide policy to permit signage in the public right-of-way to privately owned off-street parking lots and structures, and report back to the Transportation Committee.

 

CARRIED, with Councillor M. Fleury dissenting.

 


 

BULK CONSENT AGENDA

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 28

 

A

DESIGNATION OF RUINS AND CEMETERY, OLD ST. MARY’S ANGLICAN CHURCH, 269 PINHEY POINT ROAD, UNDER PART IV OF THE ONTARIO HERITAGE ACT

 

COMMITTEE RECOMMENDATION
 
That Council issue a “Notice of Intention to Designate” for Old St Mary’s Church Ruins and Cemetery, 269 Pinhey Point Road, under Part IV of the Ontario Heritage Act according to Statement of Cultural Heritage Value included as Document 5.

 

CARRIED

 

B

ZONING - 3228 MOODIE DRIVE

 

COMMITTEE RECOMMENDATION AS AMENDED
 
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3228 Moodie Drive from Mineral Extraction Subzone 2 Exception [4r]-h (ME2 [4r]-h) to Mineral Extraction Subzone 2 with an Exception (ME2 [xxxr]-h, as shown in Document 1 and as detailed in revised Document 2.

 

CARRIED

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 28A

 

C

KANATA NORTH BUSINESS PARK IMPROVEMENT AREA BOARD OF MANAGEMENT - APPOINTMENTS

 

COMMITTEE RECOMMENDATIONS

 

That Council approve:

 

1.   The appointment of the Councillor for Ward 4, Kanata North, as its representative on the Kanata North Business Park Improvement Area Board of Management for the balance of the term of Council; and

 

2.    The appointment of the following individuals to the Kanata North Business Park Improvement Area Board of Management for the term expiring November 30, 2014:

·         George Chamberlain, Pleora Technologies

·         Tony Dunn, The Marshes Golf Club

·         Peter Dooher, Merkburn Holdings Ltd

·         J. Patrick Ferris, Kanata Research Park Corporation

·         Kevin Ford, Calian

·         Troy Hughes, Brookstreet Hotel

·         Sam Khatib, Papa Sam’s

·         Terry MacIver, The Children’s Place

·         Marc McLaren, TD Bank Group

·         David Ritonja, Alcatel-Lucent Canada
·         Patrick Snelling, Connolly Nichols Allan & Snelling LLP

 

CARRIED

 

D

APPOINTMENT TO THE BELLS CORNERS BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT

 

COMMITTEE RECOMMENDATION

 

That Council approve the appointment of Rosanne D’Amato and Gina Vacchio to the Bells Corners Business Improvement Area Board of Management for the term expiring November 30, 2014.

 

CARRIED

 

E

SINKING FUND LEVIES

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 


 

F

DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD JULY 1, 2012 TO SEPTEMBER 30, 2012

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 

G

BROWNFIELDS REHABILITATION GRANT/DEVELOPMENT CHARGE REDUCTION PROGRAM APPLICATION – 345 BOOTH STREET LIMITED – 347-357 BOOTH STREET (FILE NO. F18-04-12-BOOT)

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.      Approve the Brownfields Rehabilitation Grant and Development Charge Reduction Program Application submitted by 345 Booth Street Limited, owners of the property at 345-357 Booth Street, for a Brownfields Rehabilitation Grant not to exceed $274,020.00, to 345 Booth Street Limited, over a maximum of 10 years, subject to the establishment of, and in accordance with the terms and conditions of the Brownfields Property Rehabilitation Grant Agreement;

 

2.     Delegate the authority to staff to execute a Brownfields Rehabilitation Grant Agreement with 345 Booth Street Limited, establishing the terms and conditions governing the payment of the Brownfields Rehabilitation Grant for the redevelopment of 345-357 Booth Street, to the satisfaction of the Deputy City Manager, Planning and Infrastructure, the City Clerk and Solicitor and the City Treasurer; and

 

3.     Resolve to exempt the proposed redevelopment at 345-357 Booth Street from paying future Municipal development charges up to a maximum of $124,064.00, under Section 7(t) of the Development Charges By-law 2009 216, under the Guideline for the Development Charge Reduction Program due to Site Contamination, approved by Council March 28, 2007 and is included in the $274,020.00 grant request as outlined in Recommendation 1.

 

CARRIED

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 29

 

H

APPOINTMENTS TO THE WELLINGTON WEST BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT

 

COMMITTEE RECOMMENDATION

 

That Council approve the appointment of Liliana Piazza and Robert Cabana to the Wellington West Business Improvement Area Board of Management for the term expiring November 30, 2014.

 

CARRIED

 

I

COMPREHENSIVE LEGAL SERVICES REPORT FOR THE PERIOD OCTOBER 1ST TO DECEMBER 31ST, 2012

 

COMMITTEE RECOMMENDATION

 

That Council receive this report for information.

 

RECEIVED

 

J

MUNICIPAL CAPITAL FACILITY AGREEMENT – NEW OC TRANSPO LOST AND FOUND LOCATION AT 400 – 412 MCARTHUR AVENUE OPERATED BY HEARTWOOD HOUSE

 

COMMITTEE RECOMMENDATIONS

 

That Council approve that:

 

1.         Pursuant to Section 110 of the Municipal Act, 2001, the City of Ottawa enter into a Municipal Capital Facilities Agreement (MCFA) with the Heartwood House organization as provided in Document 1, in relation to the portion of the premises to be utilized for managing and administering the OC Transpo Lost and Found service, where the term of said Agreement is from the date of approval by Council until it ceases to operate and provide the same service to the City of Ottawa under the provisions of the MCFA at that location;

 

2.        A by-law of the City of Ottawa, as provided in Document 2, be enacted to designate the portion of the premises, being occupied for the OC Transpo Lost and Found service, to be approximately 6% exempt from commercial taxation (as per the property’s current classification) for municipal and school purposes, as permitted under Section 110 of the Municipal Act, 2001 and as defined in Ontario Regulation 603/06, commencing from the date of approval by Council until it ceases to operate and provide the same service on behalf of OC Transpo under the provisions of the MCFA at that location; and,

 

3.       The City Clerk and Solicitor be delegated the authority to finalize and execute the Municipal Capital Facilities Agreement as provided in Document 1.

 

CARRIED

 

K

SALE OF LAND – 187 BOTELER STREET

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.        Declare the property known municipally as part of 187 Boteler Street and described as Lot 3, and Part of Lot 7, Registered Compiled Plan No. 611769 designed as Parts 3, 4, 5 and 6,  Plan 4R-26468  now in the City of Ottawa being part of PIN 042180175, containing an area of .808 ha (1.99  acres) and identified as Parts 3, 4, 5 and 6 on Document “1” attached, as surplus to the City’s needs;

 

2.        Waive the requirement in Section 4 of the City’s Real Property Disposal By-law requiring notifying the public of the pending sale of a City property;

 

3.        Approve a land exchange between the City of Ottawa for Part 3 on Plan 4R-26468 with the United Arab Emirates in exchange for Part 2 on Plan 4R-26468 for no monetary payment other than the usual adjustments on closing (plus HST to be paid by each purchaser, if applicable), pursuant to an Agreement of Purchase and Sale that has been received;

 

4.        Approve the sale of Parts 2, 4, 5 and 6, on Plan 4R-26468 to State of Qatar for $6,585,240 plus HST, if applicable, less costs of approximately $1,025,000 expended pursuant to an Agreement of Purchase and Sale that has been received; and

 

5.        Provide delegated authority to the Deputy City Manager of Planning and Infrastructure to adjust the purchase price in Recommendation 4 up to an amount of $500,000 to account for Risk Management measures, required at the time of development, to address soil conditions at 187 Boteler Street.

 

CARRIED

 

MOTION TO ADOPT REPORTS

 

MOTION NO. 49/9

 

Moved by Councillor B. Monette

Seconded by Councillor R. Chiarelli

 

That the report from the Selection Panel, Accessibility Advisory Committee, entitled “Appointment - Accessibility Advisory Committee”; the report from the Selection Panel, Arts, Culture, Heritage and Recreation Advisory Committee, entitled “Appointments -  Arts, Culture, Heritage and Recreation Advisory Committee”; the report from the Selection Panel, Built Heritage Sub-Committee, entitled “Appointments – Built Heritage Sub Committee”; the report from the Selection Panel, Community Services Advisory Committee, entitled “Appointments – Community Services Advisory Committee”; the report from the Selection Panel, Environmental Stewardship Advisory Committee, entitled “Appointments – Environmental Stewardship Advisory Committee”; the report from the Selection Panel, French Language Services Advisory Committee, entitled “Appointments – French Language Services Advisory Committee”; Agriculture and Rural Affairs Committee Report 28; Finance and Economic Development Committee Reports 28A and 29; Planning Committee Report 44; and Transportation Committee Report 43, be received and adopted as amended.

 

ADOPTÉE

 

MOTIONS REQUIRING SUSPENSION OF THE RULES OF PROCEDURE

 

MOTION NO. 49/10

 

Moved by Councillor D. Deans

Seconded by Councillor M. McRae

 

That the Rules of Procedure be waived, due to the technical nature of the motion, to consider the following:

 

WHEREAS on October 3, 2012, an application to commemorate Paul Benoit for his significant contributions to the community as head of the Ottawa International Airport Authority (OIAA) was approved by the City Clerk; and

 

WHEREAS the OIAA subsequently submitted an application to the Planning and Growth Management Department to rename a privately-owned street on the OIAA property from “Canadair” to “Paul Benoit”; and

 

WHEREAS the Director of Building Code Services approved the change in the street name to “Paul Benoit Private” on January 3, 2013, in accordance with her delegated authority and Section 11 of the Private Roadways By-law (By-law 2002-521 as amended); and

 

WHEREAS the OIAA is currently seeking an exemption to name the street “Paul Benoit Driveway” and the Municipal Addressing By-law, Schedule A, provides for the suffix “Driveway” to be used for highways under Federal Jurisdiction; and

 

WHEREAS staff supports this change as, although the OIAA lands are not under Federal Jurisdiction, the Planning and Growth Management Department is currently reviewing the Municipal Addressing By-law, including considering providing alternative designation(s) to the use of the  “PRIV” designation for roadways on publically-owned lands (municipal, provincial and federal), which are not dedicated as public roadways, but do provide the general public with access to important institutions or destinations;

 

THEREFORE BE IT RESOLVED that City Council approve a waiver of Section 11 of the Private Roadways By-law such that “Paul Benoit Private” be changed to “Paul Benoit Driveway”.

 

CARRIED

 

MOTION NO. 49/11

 

Moved by Councillor E. El-Chantiry

Seconded by Councillor S. Desroches

THAT the Rules of Procedure be waived, due to the need to establish signing authorities in a timely fashion, to consider the following motion:

WHEREAS Councillor Stephen Blais is on medical leave and there are a number of legislative and administrative matters that must be addressed by a resolution of Council to provide for this leave and ensure that Ward 19 matters are addressed in a manner that is consistent with the Councillor’s wishes; and

WHEREAS, to effect this leave, the Municipal Act, 2001 Section 259(1)(c) and Subsection 78(8) of the City’s Procedure By-law permits a Council to excuse the absence of a Member of Council by way of a resolution of Council; and

WHEREAS the Delegation of Authority By-law requires the concurrence by the Ward Councillor prior to various planning approvals being given and Councillor Blais has indicated that he wishes to delegate his concurrence to Councillors Bob Monette and Rainer Bloess for the duration of his leave; and

WHEREAS, with Councillor Blais’ absence, Councillor Monette has agreed to sit as an interim member of the Agriculture and Rural Affairs Committee to ensure the membership continues to be 5 members and to represent Ward 19 matters; and

WHEREAS there will be routine bills that are either of an administrative nature (i.e. phone/cable charges, newspaper/ magazine subscription, etc.) or for expenditures that have been previously authorized by the Ward Councillor’s office;

THEREFORE BE IT RESOLVED THAT City Council authorize a leave of absence for Councillor Stephen Blais; and

BE IT FURTHER RESOLVED that concurrence under the Delegation of Authority By-law for Ward 19 matters may be given jointly by Councillors Rainer Bloess and Bob Monette; and

BE IT FURTHER RESOLVED that Council appoint Councillor Bob Monette to the Agriculture and Rural Affairs Committee on an interim basis, such that his term end when Councillor Blais returns to take his seat on the Committee; and

BE IT FURTHER RESOLVED that Council delegate to the City Clerk and Solicitor and the Deputy City Clerk the interim authority to approve the payment of costs from the Ward 19 Office Budget only arising from routine bills and, in consultation with the Ward 19 office staff and Councillors Monette and Bloess, for annual, seasonal events where a past practice for such costs being paid can be established, if there are sufficient funds within the budget to do so.

CARRIED

 

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

 

MOTION

 

Moved by Councillor D. Deans

Seconded by Councillor M. Wilkinson

 

WHEREAS in 1910 women delegates from around the world met in Copenhagen to propose that Women’s Day become an international event to promote equal rights for women;

 

WHEREAS the first International Women’s Day was held in 1911; and

 

WHEREAS in 1997, the United Nations officially called for all countries to mark a day for the recognition of women's economic, political and social achievements;

 

WHEREAS every year thousands of events are held around the world to inspire, celebrate and honour women;

 

THEREFORE BE IT RESOLVED THAT Ottawa City Council declare March 8, 2013, to be International Women’s Day in the City of Ottawa.

 

MOTION

 

Moved by Councillor M. McRae

Seconded by Councillor S. Moffatt

 

WHEREAS Council has established a deadline of March 31, 2013 for the confirmation of financial requirements for the commercial facility  by Plasco Energy Ottawa Inc. and the Plasco Energy Group Inc. (Plasco); and

 

WHEREAS staff have been working with Plasco to establish reasonable and achievable timelines for the confirmation of the financial arrangements for the commercial facility and recommend an extension to the March 31, 2013 deadline; and

 

WHEREAS, should Council grant an extension, staff would bring forward a report on the confirmation of the financial arrangements for the commercial facility for Environment Committee and Council consideration no later than the end of August, 2013;

 

THEREFORE BE IT RESOLVED that the March 31, 2013 deadline for the confirmation of the financial requirements for the commercial facility by Plasco Energy Ottawa Inc. and the Plasco Energy Group Inc. (Plasco) be extended until the end of August 2013, and that staff be directed to bring forward a report on these requirements to Environment Committee and Council for consideration.

 

 


 

MOTION TO INTRODUCE BY-LAWS

 

MOTION NO. 49/12

 

Moved by Councillor B. Monette

Seconded by Councillor R. Chiarelli

That the following by-laws be enacted and passed:

THREE READINGS

 

2013-35      A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.
 
2013-36      A by-law of the City of Ottawa to amend By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Code Services Branch of the Planning and Growth Management Department.
 
2013-37      A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Trailsedge Way, Contour Street)
 
2013-38      A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Coventry Road, Dwyer Hill Road, Holland Avenue, Cooper Hill Road, Upper Dwyer Hill Road, March Road, Trim Road, Malakoff Road, Donald B. Munro Drive, Moodie Drive).
 
2013-39      A by-law of the City of Ottawa to regulate enclosures for privately-owned outdoor pools and to repeal By-law No 2001-259.
 
2013-40      A by-law of the City of Ottawa to amend By-law No. 2003-69 respecting compliance reports.
 
2013-41      A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement.
 
2013-42      A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 3228 Moodie Drive and Part of Lot 14, Concession 5 Rideau Front, Nepean.
 
2013-43      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 the property known municipally as 3698 Innes Road.
 
2013-44      A by-law of the City of Ottawa to amend By-law No. 2007-452 respecting tax deferral program fees.
 
2013-45     A by-law of the City of Ottawa to designate certain lands at 115, 225, 319 and 321 Meadowbreeze Drive being exempt from Part Lot Control.
 
2013-46      A by-law of the City of Ottawa to designate certain lands at 1024 and 1026 Old Montreal Road being exempt from Part Lot Control.

 

                                                                                                            CARRIED

 

CONFIRMATION BY-LAW

 

MOTION NO. 49/13

 

Moved by Councillor B. Monette

Seconded by Councillor R. Chiarelli

 

THAT By-law 2013-47 to confirm the proceedings of Council be enacted and passed.

 

CARRIED

 

ADJOURNMENT

 

Council adjourned the meeting at 11:50 a.m.

 

 

 

 

 

_______________________________                _______________________________

CITY CLERK                                                         MAYOR

 

 

 

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