MEETING OF THE COUNCIL OF THE CITY OF

Committee Room C-11 Tuesday, November 26, 2013 Tom Davies Square Commencement: xx p.m.

DEPUTY MAYOR ANDRE RIVEST, IN THE CHAIR

Present Councillors Cimino; Berthiaume; Dutrisac; Rivest; Craig; Caldarelli; Kett; Landry-Altmann; Mayor Matichuk

City Officials Doug Nadorozny, Chief Administrative Officer; Caroline Hallsworth, Executive Director, Administrative Services/ City Clerk; Lorella Hayes, Chief Financial Officer/Treasurer

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None declared.

Closed Session CC2013-334 Berthiaume/Kett: THAT the City of Greater Sudbury Council move to Closed Session to deal with one Personal Matter regarding an Identifiable Individual and one Acquisition or Disposition of Land Matter in accordance with the Municipal Act, 2001, s.239(2). CARRIED

Recess At 5:27 p.m., Council recessed.

Reconvene At 6:04 p.m., Council commenced the Open Session in the Council Chamber.

HER WORSHIP MAYOR MARIANNE MATICHUK, IN THE CHAIR

Present Councillors Cimino; Berthiaume; Dupuis; Rivest; Craig; Caldarelli; Kett; Landry-Altmann; Mayor Matichuk

City Officials Doug Nadorozny, Chief Administrative Officer; Tony Cecutti, General Manager of Infrastructure Services; Paul Baskcomb, Acting General Manager of Growth & Development; Tim Beadman, Chief of Emergency Services; Allan Lekun, Deputy Chief of Police; Caroline Hallsworth, Executive Director, Administrative Services/City Clerk; Lorella Hayes, Chief Financial Officer/City Treasurer; Jamie Canapini, City Solicitor; Real Carré, Director of Leisure Services; David Shelsted, Director of Roads & Transportation Services; Kelli Sheppard, Communications / E- media Officer; Franca Bortolussi, Council Assistant; Deanna Denis, Executive Assistant to the Executive Director, Administrative Services/City Clerk

City Council 2013-11-26 (1) MOMENT OF SILENT REFLECTION

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

Councillor Cimino declared a conflict of interest in relation to “Matters Arising from the Planning Committee – November 4, 2013”; in particular PL2013-185 regarding an application for rezoning by Dalron Construction for property on Paris Street as he owns shares in an adjacent property.

Rules of Procedure The Chair moved that the order of the agenda be altered to deal with Presentation 2 prior to Presentation 1. CARRIED BY TWO-THIRDS MAJORITY

PRESENTATIONS

Item 2 Report dated November 20, 2013 from the General Manager of Crean Hill Road and Infrastructure Services regarding Crean Hill Road and Fairbank Fairbank East Road – East Road – Cost Sharing Agreement – KGHM International Cost Sharing Agreement Limited. – KGHM International Limited David Shelsted, Director of Roads & Transportation Services, made an electronic presentation regarding the Crean Hill Road and Fairbank East Road Cost Sharing Agreement with KGHM International Limited.

COMMUNITY DELEGATIONS

Item 1 Mark Frayne, Manager of Technical Services, Victoria Advanced KGHM International Exploration Project, KGHM International, made an electronic presentation entitled ‘KGHM International Victoria Advance Exploration Project – Past, Present and What’s Next’.

Crean Hill Road and The following motion was presented: Fairbank East Road – Cost Sharing Agreement Kett/Landry-Altmann: That the City of Greater Sudbury support the Crean Hill Road and Fairbank East Road Cost Sharing Agreement and Road construction project and authorize the General Manager of Infrastructure Services to enter into a cost sharing agreement with FNX Mining Company Inc. a wholly owned subsidiary of KGHM International Limited to contribute towards road upgrades to Crean Hill Road and Fairbank East Road, from the limits of Municipal Road 4 to the intersection of Fairbank East Road with the abandoned railbed just north of the Victoria Site as outlined in the report dated November 20, 2013 from the General Manager of Infrastructure Services.

City Council 2013-11-26 (2) COMMUNITY DELEGATIONS

Crean Hill Road and The following amendment to the motion was presented: Fairbank East Road – Cost Sharing Agreement Berthiaume/Cimino: AND THAT staff be directed to seek funding for the City’s 25% share of the costs. Amendment CARRIED

Main Motion The main motion as amended was then presented: (as amended) CC2013-335 Kett/Landry-Altmann: That the City of Greater Sudbury support the Crean Hill Road and Fairbank East Road Cost Sharing Agreement and Road construction project and authorize the General Manager of Infrastructure Services to enter into a cost sharing agreement with FNX Mining Company Inc. a wholly owned subsidiary of KGHM International Limited to contribute towards road upgrades to Crean Hill Road and Fairbank East Road, from the limits of Municipal Road 4 to the intersection of Fairbank East Road with the abandoned railbed just north of the Victoria Site as outlined in the report dated November 20, 2013 from the General Manager of Infrastructure Services;

AND THAT staff be directed to seek funding for the City’s 25% share of the costs. CARRIED

PRESENTATIONS

Item 3 Report dated November 19, 2013 was received from the Chief Update for 2014 Financial Officer/City Treasurer regarding Update for 2014 Development Charges Development Charges Background Study for information only. Background Study Lorella Hayes, Chief Financial Officer/City Treasurer, made an electronic presentation providing an update for 2014 Development Charges Background Study.

MATTERS ARISING FROM THE CLOSED SESSION

Rise and Report Deputy Mayor Rivest, as Chair of the Closed Session, reported that Council met in Closed Session to deal with one Personal Matter regarding an Identifiable Individual and one Acquisition or Disposition of Land Matter in accordance with the Municipal Act, 2001, s.239(2). He advised that the first item was deferred and that no resolutions or direction emanated from the item that was addressed.

City Council 2013-11-26 (3) MATTERS ARISING FROM THE HEARING COMMITTEE MEETING – October 9, 2013 (Deferred)

Hearing Committee The City Solicitor provided information to Council Members Recommendation regarding the Off-Lease Dog Park By-law as it relates to Hearing HC2013-08 Committee Recommendation HC2013-08.

The following motion was presented:

CC2013-336 & HC2013-08 Kett/Caldarelli: THAT the City of Greater Sudbury modify the Vicious Dog Notice #439900 issued to Paul Kingsbury to allow the dog to be off leash and without muzzle within the large dog section of a designated fenced dog park. DEFEATED

The following alternate motion was then presented:

CC2013-337 Caldarelli/Kett: THAT the City of Greater Sudbury uphold the Vicious Dog Notice #439900 issued to Paul Kingsbury. CARRIED

MATTERS ARISING FROM THE OPERATIONS COMMITTEE MEETING – October 21, 2013

Approval of Operations Councillor Berthiaume, as Vice-Chair of the Operations Committee Committee, reported on the matters arising from the Operations Recommendations Committee Meeting of October 21, 2013.

The following motion was presented:

Landry-Altmann/Caldarelli: THAT the City of Greater Sudbury approve Operations Committee Recommendations OP2013-50 to OP2013-52 inclusive from the meeting of October 21, 2013.

Councillor Landry-Altmann requested that Operations Committee Report R-1 (being recommendation #2013-50 All-Way Stop Control – One Year Review) be pulled and dealt with at a City Council meeting in January 2013.

The following motion as amended was then presented:

CC2013-338 Landry-Altmann/Caldarelli: THAT the City of Greater Sudbury approve Operations Committee Recommendations OP2013-51 and OP2013-52 inclusive from the meeting of October 21, 2013. CARRIED

The following are the Operations Committee recommendations:

City Council 2013-11-26 (4) MATTERS ARISING FROM THE OPERATIONS COMMITTEE MEETING – October 21, 2013 (cont’d)

Parking Restrictions – OP2013-51 Kett/Berthiaume: THAT the City of Greater Sudbury Westmount Avenue, prohibit parking on the south side of Westmount Avenue from the Sudbury east leg of Galway Court to the east leg of Elmhurst Court from Monday to Friday between the hours of 7:30 a.m. and 4:30 p.m.;

AND THAT a by-law be presented to amend Traffic and Parking By-Law 2010-1 in the City of Greater Sudbury to implement the recommended changes in accordance with the report dated October 11, 2013 from the General Manager of Infrastructure Services. CARRIED

School Bus Loading OP2013-52 Kett/Berthiaume: THAT the City of Greater Sudbury Zone - Baker Street – designate a “School Bus Loading Zone” on the south side of Lansdowne Public Baker Street adjacent to Lansdowne Public School; School AND THAT a by-law be presented to amend Traffic and Parking By-Law 2010-1 in the City of Greater Sudbury to implement the recommended changes in accordance with the report dated October 11, 2013 from the General Manager of Infrastructure Services. CARRIED

MATTERS ARISING FROM THE COMMUNITY SERVICES COMMITTEE MEETING – October 21 2013

Approval of Community Councillor Dupuis, as Chair of the Community Services Services Committee Committee, reported on the matters arising from the Community Recommendations Services Committee Meeting of October 21, 2013.

The following motion was presented:

CC2013-339 Landry-Altmann/Caldarelli: THAT the City of Greater Sudbury approve Community Services Committee Recommendations CS2013-46 to CS2013-51 inclusive from the meeting of October 21, 2013. CARRIED

The following are the Community Services Committee recommendations:

Grace Hartman CS2013-46 Barbeau/Cimino: WHEREAS the mandate of the Amphitheatre - Post Grace Hartman Amphitheatre is to provide residents and visitors Business Plan Review to Sudbury with a well-managed, well-designed and equipped outdoor venue in which a full and varied seasonal program of

City Council 2013-11-26 (5) MATTERS ARISING FROM THE COMMUNITY SERVICES COMMITTEE MEETING – October 21 2013 (cont’d)

Grace Hartman community and professional events takes place in the context of Amphitheatre - Post Bell Park and its uses; Business Plan Review (cont’d) AND WHEREAS the findings of the Grace Hartman Amphitheatre post season review further concludes that there should be a balance between the primary user group of community organizations, with the facility still being able to support larger scale, community festival productions;

AND WHEREAS City Council has identified installing a roof on the Grace Hartman Amphitheatre as a priority project as part of the City of Greater Sudbury Strategic Plan 2012-2014;

THEREFORE BE IT RESOLVED THAT 2014 budget enhancement options be prepared for Council's consideration. CARRIED

CS2013-47 Barbeau/Landry-Altmann: THAT the City of Greater Sudbury direct staff to explore further the user fees associated with the Grace Hartman Amphitheatre and the financial impact to the festival organizers such as Northern Lights Festival Boreal, Summerfest and other professionally promoted events with the aim of determining feasibility of further investments to the site;

AND THAT a per ticket fee be explored for future improvements to the site as well as fundraising opportunities including seat naming fundraising campaign as well as possible renaming of the amphitheatre. CARRIED

Healthy Community CS2013-48 Barbeau/Cimino: WHEREAS the Healthy Community Cabinet - Create Strategy has been one of Council’s key planning and strategic Greater Sudbury priorities dating back to 1999; Concept Plan AND WHEREAS the progress towards a healthy, sustainable community requires strong political leadership, broad participation, and community engagement through partnerships, education, and advocacy for change;

AND WHEREAS City Council has adopted the Public Participation Policy in 2008 which sets the value of civic engagement and public participation;

AND WHEREAS the Healthy Community Cabinet passed a motion endorsing the development of a community engagement tool that can be used both online and offline to engage the

City Council 2013-11-26 (6) MATTERS ARISING FROM THE COMMUNITY SERVICES COMMITTEE MEETING – October 21 2013 (cont’d)

Healthy Community community in conversation, project design and provide an Cabinet - Create opportunity for citizens to participate in the next stage of creating Greater Sudbury Greater Sudbury as a healthy, sustainable community in which to Concept Plan (cont’d) live, work and play;

THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury endorse, in principle, the application for funding for the community engagement tool by community organizations that sit on the Healthy Community Advisory Panel as a collaborative effort. Application will be made through various local, provincial, and federal agencies, as well as seeking funding opportunities through private sector stakeholders. CARRIED

Ski Hills – Marketing/ CS2013-49 Cimino/Barbeau: WHEREAS at the July 8, 2013 Flex Pass Options Community Services Committee meeting additional information was requested regarding marketing and flex pass options for City of Greater Sudbury ski hills;

THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury implement, for the 2013-2014 ski season, the recommended marketing strategies in the report dated October 9, 2013 from the General Manager of Community Development regarding Ski Hills – Marketing/Flex Pass Options and that staff report back as part of a post season ski hill operating report;

AND THAT new rates corresponding to flex passes, promotional pricing and ticket upgrade strategies be effective immediately. CARRIED

Community CS2013-50 Barbeau/Kett: THAT the City of Greater Sudbury Homelessness resubmit the resolution #CC2012-394 passed on December 11, Prevention Initiative 2012 to Provincial Government requesting that the (CHPI) Program Provincial Government maintain the 2012 level of funding for homelessness programs and benefits and retain the Community Start Up and Maintenance Benefit with these changes reflected in the new CHPI funding allocation. CARRIED

CS2013-51 Cimino/Barbeau: THAT the City of Greater Sudbury direct staff to have further consultation for community priorities for use of CHPI funding with clients of Ontario Works (OW) and Ontario Disability Support Program (ODSP) as well as Sudbury Coalition Against Poverty (SCAP). CARRIED

City Council 2013-11-26 (7) MATTERS ARISING FROM THE AUDIT COMMITTEE MEETING – October 22, 2013

Approval of Councillor Dupuis, as Chair of the Audit Committee, reported on Audit Committee the matters arising from the Audit Committee Meeting of October Recommendations 22, 2013.

The following motion was presented:

CC2013-340 Caldarelli/Landry-Altmann: THAT the City of Greater Sudbury approve Audit Committee Recommendations AC2013-09 and AC2013-10 inclusive from the meeting of October 22, 2013. CARRIED

The following are the Audit Committee recommendations:

2013 External Audit 2013-09 Cimino/Berthiaume: THAT the City of Greater Sudbury Planning Report approve the 2013 External Audit Plan as outlined in the report dated October 7, 2013, from PricewaterhouseCoopers LLP. CARRIED

Auditor General AC2013-10 Barbeau/Caldarelli: THAT the Auditor General be Staffing – FTE’s authorized to offer an Employment Contract of three years, with options for two one year extensions, for the Senior Auditor position. CARRIED

MATTERS ARISING FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING – October 22, 2013

Approval of Finance Councillor Kett, as Chair of the Finance and Administration and Administration Committee, reported on the matters arising from the Finance and Committee Administration Committee Meeting of October 22, 2013. Recommendations The following motion was presented:

CC2013-341 Landry-Altmann/Caldarelli: THAT the City of Greater Sudbury approve Finance and Administration Committee Recommendation FA2013-43 from the meeting of October 22, 2013. CARRIED

The following is the Finance and Administration Committee recommendations:

City Council 2013-11-26 (8) MATTERS ARISING FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING – October 22, 2013 (cont’d)

2014 Capital Budget The following recommendation was presented: Overview FA2013-43 Berthiaume/Dupuis: THAT the City of Greater Sudbury accept the report dated October 16, 2013 from the Chief Financial Officer/City Treasurer and approve the 2014 Capital Budget as included in Appendix A therein in the amount of $94,380,832 which is funded as follows:

 Contribution from the Operating Budget of $39,127,856;  Contribution from Water and Wastewater User Fees of $27,754,528;  Federal Gas Tax of $9,684,527;  Provincial Gas Tax of $356,090;  Contributions from CGS Reserves and Reserve Funds of $14,207,831;  Internal Financing of $3,250,000 be approved for projects to be completed in 2014 and be repaid from future capital envelopes and Water and Wastewater user fees in 2015 to 2018;

AND THAT the City of Greater Sudbury approve the necessary contributions from reserves and reserve funds for specific projects as identified in the 2014 Capital Budget included in Appendix A;

AND THAT the City of Greater Sudbury accept the 2014 Police Services Capital Budget;

AND THAT the remainder of the 2015 to 2018 Capital Outlook be accepted for information for staff to use as a planning tool. CARRIED

MATTERS ARISING FROM THE FINANCE AND ADMINISTRATION COMMITTEE MEETING – November 6, 2013

Finance Councillor Kett, as Chair of the Finance and Administration and Administration Committee, reported on the matters arising from the Finance and Committee Report Administration Committee Meeting of November 6, 2013. No recommendations emanated from this meeting.

MATTERS ARISING FROM THE PLANNING COMMITTEE MEETING – November 4, 2013

Approval of Councillor Rivest, on behalf of the Chair of the Planning Planning Committee Committee, reported on the matters arising from the Planning Recommendations Committee Meeting of November 4, 2013.

City Council 2013-11-26 (9) MATTERS ARISING FROM THE PLANNING COMMITTEE MEETING – November 4, 2013 (cont’d)

Approval of The following motion was presented: Planning Committee Recommendations CC2013-342 Dupuis/Berthiaume: THAT the City of Greater (cont’d) Sudbury approve Planning Committee Recommendations PL2013-181 to PL2013-185 inclusive and PL2013-187 from the meeting of November 4, 2013. CARRIED

Declaration of Councillor Cimino, having declared a conflict of interest, did not Pecuniary Interest take part in the discussion, vote on any matter or try to influence the vote in respect thereof.

The following are the Planning Committee recommendations:

Rural Consent Policy PL2013-181 Dutrisac/Rivest: THAT the City of Greater Sudbury Options direct staff to include an Option which provides for

Minimum Lot Area – 0.8 hectares (2 acres) Minimum lot frontage – 45 metres Maximum cap on the number of lots created from parent parcel – 6

to be created from the parent parcel based on the date of adoption of the 2006 Official Plan. CARRIED

10 Willow Street, PL2013-182 Craig/Belli: THAT the City of Greater Sudbury Wahnapitae – Joseph, approve the application by Joseph, Brian and Melvin Talbot and Brian and Melvin Natalie Olivier to amend the Zoning By-law 2010-100Z with Talbot and Natalie respect to lands described as PINs 73481-0744 & 73481-0745, Olivier Parcel 51055, Parts 3 & 4, Plan 53R-18233, Lot 8, Concession 3, Township of Dryden, in order to permit a garden suite in accordance with Section 39 of the Planning Act for a temporary period of ten years, subject to the following conditions:

1. That prior to the installation of the garden suite, the owners obtain a building permit to the satisfaction of the Chief Building Official; and

2. That prior to the enactment of the amending by-law the owner shall provide the subject lands with frontage on an open public road to the satisfaction of the Director of Planning Services. CARRIED

City Council 2013-11-26 (10) MATTERS ARISING FROM THE PLANNING COMMITTEE MEETING – November 4, 2013 (cont’d)

Conservation, Fairlane PL2013-183 Belli/Craig: THAT the City of Greater Sudbury Drive, Sudbury – approve the application by the City of Greater Sudbury to amend Dalron Construction the Zoning By-law 2010-100Z to change the zoning classification Limited. from “FD", Future Development to “OSC", Open Space - Conservation on those lands described as Part of PIN 73593- 0389, Part of Parcel 15951 S.E.S., Lot 4, Concession 1, Township of McKim subject to the following condition:

1. That the owner provide the Planning Services Division with a registered survey of the lands to be rezoned in order to allow for the preparation of the amending by-law. CARRIED

989 West Bay Road, PL2013-184 Dutrisac/Belli: THAT the City of Greater Sudbury Skead – Sarah Jane approve the application by Sarah Jane Bretzlaff with respect to Bretzlaff those lands described as PIN 73511-0282, Parts 2, 4 to 8, 10, 11, 14 & 15, Plan 53R-16790, Lots 8 & 9, Concession 5, Township of MacLennan to amend the Official Plan for the City of Greater Sudbury in order to provide an exception to Section 5.2.2 to permit the severance of the subject lands creating a waterfront lot having less than the minimum required 0.8 hectares of lot area. CARRIED

Paris Street, Sudbury PL2013-185 Belli/Rivest: THAT the City of Greater Sudbury – Dalron Construction approve the application by Dalron Construction Limited to amend Limited Zoning By-law 2010-100Z by changing the zoning classification from "FD", Future Development to “R3-1(S)", Medium Density Residential Special on those lands described as Part of PINs 73595-0370 & 73595-0051, Part of Parcel 45795 S.E.S., Part of Part 1, Plan 53R-8269, Part 8, Plan 53R-17095 in Lot 6, Concession 1, Township of McKim, subject to the following conditions:

a. That the owner provide the Development Approvals Section with a registered survey plan outlining the lands to be rezoned to enable the preparation of an amending zoning by-law;

b. That prior to the issuance of a building permit, the owner shall enter into a Site Plan Control Agreement with the City, which amongst other matters shall incorporate pedestrian access from Block 11, Plan 53M-1255.

c. That the amending by-law include the following site-specific provisions:

City Council 2013-11-26 (11) MATTERS ARISING FROM THE PLANNING COMMITTEE MEETING – November 4, 2013 (cont’d)

Paris Street, Sudbury i. The only permitted uses shall be a maximum of two (2) – Dalron Construction multiple dwellings and related accessory uses; Limited (cont’d) ii. The maximum building height shall be six (6) storeys; iii. A maximum of 80 dwelling units shall be permitted; iv. The minimum setbacks for the multiple dwellings shall be as follows:

a) 15 metres from Lots 10, 12, 13 and Block 11 of Plan 53M-1255; b) 45 metres from Lots 14-18 of Plan 53M-1255.

d. That prior to the enactment of the amending by-law:

i. The construction of Marttila Drive to an urban collector standard with a sidewalk on both sides to the westerly boundary of the lands being rezoned; ii. The upgrading of the existing pedestrian signals at Paris Street to full signals; iii. The owner agrees to transfer on demand to the City the proposed Marttila Drive right-of-way, from Paris Street to the westerly boundary of the lands owned by Dalron free of mortgages, charges, trust deeds and other encumbrances securing financing. The City shall be responsible for all survey and legal costs associated with this transfer. CARRIED

Application to Extend PL2013-187 Belli/Rivest: That the conditions of draft approval of Draft Plan of plan of subdivision for Parcels 760 N.W.S., and 2768 S.E.S., and Subdivision Approval – Part of Block F, Plan M-1005 in Lot 11, Concession 6, Township 1991 Maley Drive, of Neelon, City of Greater Sudbury, File 780-6/97001, be Sudbury – 1468766 amended as follows: Ontario Ltd. a) By deleting condition #4 and replacing it with the following:

That prior to the signing of the final plan, the Planning Services Division shall be advised by the Ontario Land Surveyor responsible for preparation of the final plan, that the lot areas, frontages and depths appearing on the final plan do not violate the requirements of the Restricted Area By-laws of the Municipality in effect at the time such plan is presented for approval.

b) By deleting condition #10 and replacing it with the following:

City Council 2013-11-26 (12) MATTERS ARISING FROM THE PLANNING COMMITTEE MEETING – November 4, 2013 (cont’d)

Application to Extend That this draft approval shall lapse on December 4, 2016. Draft Plan of Subdivision Approval – c) By deleting Condition #18 and replacing it with the following: 1991 Maley Drive, Sudbury – 1468766 That the registered Plan be integrated with the City of Greater Ontario Ltd. (cont’d) Sudbury Control Network to the satisfaction of the Coordinator of the Geographic Information, Surveys and Mapping Section; provision of the final plan coordinate listings and an AutoCAD file of the resultant parcel fabric shall formulate part of this requirement.

d) By deleting Condition #23 and replacing it with the following:

That prior to the signing of the final plan, the Planning Services Division is to be advised by the City Solicitor that Conditions #2, 3, 5, 6, 7, 8, 12, 16 and 22 have been complied with to his satisfaction.

e) That Condition #26 be updated by replacing the reference to “Persona” with “EastLink.”

f) That the following be added as Condition #32:

Draft approval does not guarantee an allocation of sewer or water capacity. Prior to the signing of the final plan, the Director of Planning Services is to be advised by the General Manager of Infrastructure Services that sufficient sewage treatment capacity and water capacity exist to service the development. CARRIED

CONSENT AGENDA

The following motion was presented:

Caldarelli/Landry-Altmann: THAT the City of Greater Sudbury adopt Consent Agenda Items C-1 to C-8 inclusive, approve Items C-9 to C-15 inclusive and receive Item C-16 for information only.

Consent Agenda Item C-10 were pulled and dealt with separately.

The following motion as amended was then presented:

CC2013-343 Caldarelli/Landry-Altmann: THAT the City of Greater Sudbury adopt Consent Agenda Items C-1 to C-8 inclusive

City Council 2013-11-26 (13) CONSENT AGENDA (cont’d)

approve Items C-9 and C-11 to C-15 inclusive and receive Item C-16 for information only. CARRIED

The following are the Consent Agenda Items:

MINUTES

Item C-1 CC2013-344 Landry-Altmann/Caldarelli: THAT the City of Greater City Council Sudbury adopt the City Council Minutes of October 29, 2013. October 29, 2013 CARRIED

Item C-2 CC2013-345 Caldarelli/Landry-Altmann: THAT the City of Greater Operations Committee Sudbury adopt the Operations Committee Minutes of October 21, October 21, 2013 2013. CARRIED

Item C-3 CC2013-346 Landry-Altmann/Caldarelli: THAT the City of Greater Community Services Sudbury adopt the Community Services Committee Minutes of Committee October 21, 2013. October 21, 2013 CARRIED

Item C-4 CC2013-347 Cimino/Berthiaume: THAT the City of Greater Audit Committee Sudbury adopt the Audit Committee Minutes of October 22, 2013. October 22, 2013 CARRIED

Item C-5 CC2013-348 Berthiaume/Cimino: THAT the City of Greater Finance and Sudbury adopt the Finance and Administration Committee Administration Minutes of October 22, 2013. Committee CARRIED October 22, 2013

Item C-6 CC2013-349 Cimino/Berthaiuem: THAT the City of Greater Finance and Sudbury adopt the Finance and Administration Committee Administration Minutes of November 6, 2013. Committee CARRIED November 6, 2013

Item C-7 CC2013-350 Cimino/Dupuis: THAT the City of Greater Sudbury Planning Committee adopt the Planning Committee Minutes of October 28, 2013. October 28, 2013 CARRIED

Item C-8 CC2013-351 Dupuis/Cimino: THAT the City of Greater Sudbury Planning Committee adopt the Planning Committee Minutes of November 4, 2013. November 4, 2013 CARRIED

City Council 2013-11-26 (14) ROUTINE MANAGEMENT REPORTS

Item C-9 Report dated November 14, 2013 from the Chief Financial Officer/ Healthy Community City Treasurer regarding Healthy Community Initiative Fund Initiative Fund Requests Requests for Approval. for Approval CC2013-352 Cimino/Dupuis: THAT the City of Greater Sudbury grant approval for the following Healthy Community Initiative Fund projects identified for:

Ward 6 – Donation to the Good Neighbours Valley East Food Bank for Christmas Food Hampers for the less privileged in the community of Hanmer in the sum of $1,500;

Ward 9 – Donation to Pond Hockey Festival on the Rock to assist with cost of referees for fundraising event for The Autism Society in the sum of $4,000;

Wards 2, 3, 4, 5, 6 and 12 – Donation to Azilda Lions/Keeping Them Warm to provide winter clothing to children in need in the community in the sum of $3,000;

AND THAT any necessary by-law be presented. CARRIED

Item C-10 See pages 17 and 18. Healthy Community Initiative Fund 2013 Third Quarter Report

Item C-11 Report dated November 12, 2013 from the Executive Director, Request for Noise By- Administrative Services/City Clerk regarding Request for Noise law Exemption – Jacob By-law Exemption – Jacob Lift Station Upgrades (Joseph Street, Lift Station Upgrades Naughton) – Overnight Construction. (Joseph Street, Naughton) – Overnight CC2013-353 Cimino/Dupuis: THAT the City of Greater Sudbury Construction has no objection to the granting of an exemption to By-law 93-424 of the former Town of Walden (Noise By-law) to Infrastructure Services to allow overnight construction work to accommodate a shut-down at Jacob Lift Station, located on Joseph Street in Naughton;

AND THAT the exemption to By-law 93-424 of the former Town of Walden (Noise By-law) be granted from December 2, 2013 to December 6, 2013 with the condition that the exemption may be withdrawn at any time should serious complaints arise. CARRIED

City Council 2013-11-26 (15) ROUTINE MANAGEMENT REPORTS (cont’d)

Item C-12 Report dated November 12, 2013 from the Executive Director, AGCO 'By the Glass' Administrative Services/City Clerk regarding AGCO 'By the Glass' Application Request – Application Request - Stack Brewing Corp. Stack Brewing Corp. CC2013-354 Dupuis/Cimino: THAT the City of Greater Sudbury support the request from Stack Brewing Corp. with respect to the Alcohol and Gaming Commission of Ontario 'By the Glass' permit application. CARRIED

Item C-13 Report dated November 19, 2013 from the Executive Director, Selection of Vendor of Administrative Services/City Clerk regarding Selection of Vendor Record for CCTV of Record for CCTV Camera Systems. Camera Systems CC2013-355 Kett/Dupuis: THAT the City of Greater Sudbury authorize i-Vision as the vendor of record for the provision of installation and servicing of CCTV camera systems and software commencing upon Council approval for a three year period, with the option for two annual renewals in years four and five, as described in the report dated November 19, 2013 from the Executive Director, Administrative Services/City Clerk. CARRIED

Item C-14 Report dated November 19, 2013 from the Executive Director, Administrative Administrative Services/City Clerk regarding Administrative Amendment to Amendment to PL2013-158. PL2013-158 CC2013-356 Dupuis/Kett: THAT the City of Greater Sudbury advise Industry Canada that the City does not concur with the issuance of a licence for the development of a 30 metre high mono-pole telecommunications tower at PIN 73575-0451, Part 2, Plan 53R-1825, and Parts 3 and 5 Plan 53R-18250, PIN 73575- 0449, part of Lot 9, Concession 3, Neelon Township, City of Greater Sudbury by Bell Mobility. CARRIED BY TWO-THIRDS MAJORITY

Item C-15 Report dated November 12, 2013 from the Acting General SUN Co-operative – Manager of Growth & Development regarding SUN Co-operative Ground-mount Solar – Ground-mount Solar Project – Vale Lands. Project – Vale Lands CC2013-357 Kett/Dupuis: WHEREAS SUN Co-operative (the “Applicant”) proposes to construct and operate a 500 kW ground- mount solar photovoltaic project (the “Project”) on Vale lands (PIN 73601-0199, PT Lot 12, Conc 5, Township of McKim), City of Greater Sudbury (“the Property”), to be constructed upon receipt of a FIT Contract from the Ontario Power Authority under the Province’s FIT Program;

City Council 2013-11-26 (16) ROUTINE MANAGEMENT REPORTS (cont’d)

Item C-15 AND WHEREAS the Applicant has requested that Council of the SUN Co-operative – City of Greater Sudbury indicate by resolution Council’s support Ground-mount Solar for the construction and operation of the Project on the Property; Project – Vale Lands (cont’d) AND WHEREAS, pursuant to the rules governing the FIT Program (the “FIT Rules”), Applicants whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT contract prior to other persons applying for FIT Contracts;

NOW THEREFORE BE IT RESOLVED THAT:

Council of the City of Greater Sudbury supports the construction and operation of the Project on the Property.

This resolution’s sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. CARRIED

CORRESPONDENCE FOR INFORMATION ONLY

Item C-16 Report dated November 15, 2013 from the Chief Financial Officer/ 2013 Third Quarter City Treasurer regarding 2013 Third Quarter Statement of Council Statement of Council Expenses. Expenses CC2013-358 Dupuis/Kett: THAT the City of Greater Sudbury receive the report dated November 15, 2013 from the Chief Financial Officer/ City Treasurer regarding 2013 Third Quarter Statement of Council Expenses. CARRIED

ROUTINE MANAGEMENT REPORTS

Item C-10 Councillor Landry-Altmann requested that this item be pulled and Healthy Community dealt with separately. Initiative Fund 2013 Third Quarter Report Report dated November 19, 2013 from the Chief Financial Officer/ City Treasurer regarding Healthy Community Initiative Fund 2013 Third Quarter Report.

The following motion was presented:

CC2013-359 Dupuis/Cimino: THAT the City of Greater Sudbury accept the report dated November 19, 2013 from the Chief

City Council 2013-11-26 (17) ROUTINE MANAGEMENT REPORTS (cont’d)

Item C-10 Financial Officer/City Treasurer regarding Healthy Community Healthy Community Initiative Fund 2013 Third Quarter Report; Initiative Fund 2013 Third Quarter Report AND THAT the appropriate by-law be passed. (cont’d) CARRIED

REGULAR AGENDA

MANAGERS’ REPORTS

Item R-1 Report dated November 13, 2013 from the General Manager of Accessibility for Infrastructure Services regarding Accessibility for Ontarians with Ontarians with Disabilities Act (AODA) and Hearing Committee. Disabilities Act (AODA) and Hearing Committee The following motion was presented:

CC2013-360 Kett/Dupuis: THAT the City of Greater Sudbury add Eligibility Appeals under Article 64(5) of the Ontario Regulation 191/11 Integrated Accessibility Standards made under the Accessibility for Ontarians with Disabilities Act to the list of Hearing Committee matters as outlined in Article 44 of the Procedure By-Law 2011-235;

AND THAT staff be directed to prepare the necessary By-Law. CARRIED

BY-LAWS

By-laws 2013-271 and 213-272 were pulled and will be dealt with at a future meeting of City Council.

Read & Passed The following motion was presented:

CC2013-361 Dupuis/Kett: THAT the City of Greater Sudbury read and pass By-law 2013-261 to and including By-law 2013-270 and By-law 2013-273 to and including By-law 2013-278. CARRIED

The following are the By-laws:

2013-261 A BY-LAW OF THE CITY OF GREATER SUDBURY TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING OF NOVEMBER 26, 2013

City Council 2013-11-26 (18) BY-LAWS (cont’d)

2013-262 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE VARIOUS MATTERS UNDER THE MUNICIPAL ELECTIONS ACT, 1996, AS AMENDED, FOR THE 2014 MUNICIPAL ELECTION

Report dated November 15, 2013 from the Executive Director, Administrative Services/City Clerk regarding 2014 Municipal Election By-Laws 2013-262 and 2013-263.

2013-263 A BY-LAW OF THE CITY OF GREATER SUDBURY TO DELEGATE CERTAIN AUTHORITY TO THE CHIEF ADMINISTRATIVE OFFICER DURING THE ELECTION PERIOD

Refer to Report under By-law 2013-162

2013-264 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE SALE OF VACANT LAND NORTH OF MUNICIPAL ROAD 8 IN ONAPING FALLS LEGALLY DESCRIBED AS PIN 73354-0178 (LT), BEING BLOCK B, PLAN M-576 TO DOUGLAS MACISSAC

Planning Committee Recommendation #PL2013-166

2013-265 A BY-LAW OF THE CITY OF GREATER SUDBURY TO ACCEPT THE TRANSFER FROM THE MINISTRY OF TRANSPORTATION OF PROPERTY ALONG MUNICIPAL ROAD 8 IN ONAPING FALLS LEGALLY DESCRIBED AS BLOCKS C, F, G, L AND M ON PLAN M-576

Planning Committee Recommendation #PL2013-166

2013-266 A BY-LAW OF THE CITY OF GREATER SUDBURY AUTHORIZING THE PURCHASE OF 376 LLOYD STREET IN SUDBURY, BEING PIN 02132-1070 FROM PETER KESSLER

Planning Committee Recommendation #PL2013-168

2013-267 A BY-LAW OF THE CITY OF GREATER SUDBURY AUTHORIZING THE PURCHASE OF 405 COCHRANE STREET, SUDBURY BEING PIN 02132-0146(LT) FROM GREGORY THOMAS MILLER AND NICOLE ANGEL MILLER

Planning Committee Recommendation #PL2013-169

2013-268 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE PAYMENT OF GRANTS FROM THE HEALTHY COMMUNITY INITIATIVE FUND

City Council 2013-11-26 (19) BY-LAWS (cont’d)

2013-268 (cont’d) Refer to Item C-9

(This By-law authorizes grants to various wards funded through Healthy Community Initiative Fund for Wards 2, 3, 4, 5, 6, 9 and 12.)

2013-269 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE CANCELLATION, REDUCTION OR REFUND OF REALTY TAXES

(This By-law provides for tax adjustments under Sections 357 and 358 of the Municipal Act, 2001 for properties eligible for cancellation, reduction or refund of realty taxes.)

Report dated November 1, 2013 from the Chief Financial Officer/City Treasurer regarding Tax Adjustments under Section 357 and 358 of the Municipal Act.

2013-270 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE NEIGHBOURHOOD ASSOCIATION GRANTS FOR THE YEAR 2013 AND A GRANT TO THE SUDBURY WITNER TENNIS CLUB

(The report requests approval of the 2013 Neighbourhood Association grants and further authorizes a grant to the Sudbury Winter Tennis Club and that the appropriate by-law be passed in order to allocate the grants.)

Report dated November 5, 2013 from the General Manager of Community Development regarding By-law to Authorize 2013 Neighbourhood Association Grants.

2013-271 A BY-LAW OF THE CITY OF GREATER SUDBURY TO ADOPT THE GREATER SUDBURY ARTS & CULTURE GRANT PROGRAM POLICY

(This by-law repeals and replaces the existing Arts & Culture Grant Policy By-law.)

NOTE: This by-law was pulled and will be presented at the City Council meeting of December 10, 2013.

2013-272 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY-LAW 2010-1, BEING A BY-LAW TO REGULATE TRAFFIC AND PARKING ON ROADS IN THE CITY OF GREATER SUDBURY

Operations Committee Recommendations #2013-51 and 2013-52

City Council 2013-11-26 (20) BY-LAWS (cont’d)

2013-272 (cont’d) (This by-law implements the changes approved by the Operations Committee on October 21st, 2013 and adopted by Council.)

NOTE: This by-law was pulled and will be presented at a future meeting of City Council.

2013-273 A BY-LAW OF THE CITY OF GREATER SUDBURY TO APPOINT MUNICIPAL ENFORCEMENT OFFICERS TO ENFORCE THE PUBLIC AND PRIVATE PROPERTY SECTIONS, THE DISABLED PARKING SECTIONS AND THE FIRE ROUTES SECTIONS OF BY-LAW 2010-1

(This updates the list of Parking Control Officers to enforce parking restrictions on private property as well as makes improvements to the text of the by-law.)

2013-274 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY-LAW 2007-161 RESPECTING THE APPOINTMENT OF OFFICIALS OF THE CITY OF GREATER SUDBURY

(This By-law reflects recent staffing changes.)

2013-275 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY-LAW 2006-259 RESPECTING THE DELEGATION OF AUTHORITY TO VARIOUS OFFICERS OF THE CITY OF GREATER SUDBURY

(This amendment reflects title changes resulting from the creation of position of Executive Deputy Chief Fire and Paramedic Services.)

2013-276P A BY-LAW OF THE CITY OF GREATER SUDBURY TO ADOPT PLANAMENDMENT NO. 42 TO THE OFFICIAL PLAN FOR THE CITY OF GREATER SUDBURY

Planning Committee Recommendation #PL2013-136

(Site-specific amendment to provide an exemption from the policies of Section 3.2 of the Official Plan (General Policies for Living Areas) related to the provision of garden suites. This by-law repeals and replaces By- law 2013-246P to correct a clerical error.)

2013-277Z A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY-LAW 2010-100Z BEING THE COMPREHENSIVE ZONING BY-LAW FOR CITY OF GREATER SUDBURY

Planning Committee Recommendation #PL2012-126

City Council 2013-11-26 (21) BY-LAWS (cont’d)

2013-277Z (cont’d) (This by-law rezones the subject property to "C2(101)", General Commercial Special in order to permit a heavy equipment sales and rental establishment specializing in small-scale vehicles - Primary Equipment Limited, 833 Lorne Street, Sudbury)

2013-278 A BY-LAW OF THE CITY OF GREATER SUDBURY TO APPOINT MUNICIPAL LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC AND PARKING BY-LAW 2010-1

(This updates the list of Municipal Law Enforcement Officers to enforce the Traffic and Parking By-law.)

MOTIONS

Item R-2 The following motion was presented by Councillor Kilgour: Fixing Canada's Housing Crunch CC2013-362 Landry-Altmann/Dupuis: WHEREAS a stable and secure housing system that creates and maintains jobs and allows for a range of living options is essential to attracting new workers, meeting the needs of young families and supporting seniors and our most vulnerable citizens;

AND WHEREAS the high cost of housing is the most urgent financial issue facing Canadians with one in four people paying more than they can afford for housing, and mortgage debt held by Canadians now standing at just over $1.1 trillion;

AND WHEREAS housing costs and, as the Bank of Canada notes, household debt, are undermining Canadians’ personal financial security, while putting our national economy at risk;

AND WHEREAS those who cannot afford to purchase a home rely on the short supply of rental units, which is driving up rental costs and making it hard to house workers in regions experiencing strong economic activity;

AND WHEREAS an inadequate supply of subsidized housing for those in need is pushing some of the most vulnerable Canadians onto the street, while $1.7 billion annually in federal investments in social housing have begun to expire;

AND WHEREAS coordinated action is required to prevent housing issues from being offloaded onto local governments and align the steps local governments have already taken with regard to federal/provincial/territorial programs and policies;

City Council 2013-11-26 (22) MOTIONS (cont’d)

Item R-2 AND WHEREAS the Federation of Canadian Municipalities (FCM) Fixing Canada's has launched a housing campaign, “Fixing Canada’s Housing Housing Crunch (cont’d) Crunch”, calling on the federal government to increase housing options for Canadians and to work with all orders of government to develop a long-term plan for Canada’s housing future;

THEREFORE BE IT RESOLVED that the City of Greater Sudbury endorse the FCM housing campaign and urge the Minister of Employment and Social Development to develop a long-term plan for housing that puts core investments on solid ground, increases predictability, protects Canadians from the planned expiry of $1.7 billion in social housing agreements and ensures a healthy stock of affordable rental housing for Canadians;

AND BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Honourable Jason Kenney, Minister of Employment and Social Development; the Honourable Linda Jeffrey, Minister of Municipal Affairs and Housing; Glenn Thibeault, Member of Parliament for Sudbury; Claude Gravelle, Member of Parliament for Nickel Belt; the Federation of Canadian Municipalities (FCM) and to the Association of Municipalities of Ontario (AMO). CARRIED

Item R-3 The following motion was presented by Councillor Berthiaume: Managing Human-Bear Conflicts CC2013-363 Berthiaume/Cimino: WHEREAS the City of Greater Sudbury has experienced increased incidents of human-bear interaction in recent years, with bear sightings being reported in urban as well as rural areas;

AND WHEREAS bears have been sighted at and around school yards in our community;

AND WHEREAS public safety is of paramount concern;

AND WHEREAS the Ministry of Natural Resources has recently announced its intent to conduct a two-year pilot program, “Managing Human-Bear Conflicts,” potentially involving the cities of Greater Sudbury, North Bay, Timmins, Sault Ste. Marie and Thunder Bay;

NOW THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury confirm to the Honourable David Orazietti, Minister of Natural Resources that the City of Greater Sudbury agrees to opt into the pilot program “Managing Human-Bear Conflicts”;

City Council 2013-11-26 (23) MOTIONS (cont’d)

Item R-3 AND THAT copies of this resolution be sent to the four other Managing Human-Bear Northern Ontario cities to be included in the program, as well as to Conflicts (cont’d) Rick Bartolucci, M.P.P., Sudbury and France Gélinas, M.P.P., Nickel Belt. CARRIED

CIVIC PETITIONS

Handi-Transit Policy & Councillor Rivest submitted a petition to the City Clerk signed by Boundaries approximately 25 citizens which will be forwarded to the General Manager of Infrastructure Services. The petition is requesting changes in Handi-Transit policy and boundaries.

QUESTION PERIOD

Lighting on Lorne Street Councillor Cimino asked when the solution to the lighting problem on Lorne Street will be presented.

The General Manager of Infrastructure Services advised that the solution will be presented in January 2014.

Warranty of Road Work Councillor Cimino asked what warranty the City receives on road work.

The General Manager of Infrastructure Services advised that there is a two-year warranty on most projects with few exceptions.

Lighting on New Road Councillor Craig asked who should be contacted regarding street lighting on a new road.

The General Manager of Infrastructure Services advised that citizens should call 3-1-1 so the calls can be tracked. He indicated, if the Councillor provides details, he will review the matter and advise the Councillor.

Intersection of Loach’s Councillor Caldarelli stated there are concerns with people Road and Regent Street entering Loach’s Road in the wrong lane at the new intersection of Loach’s Road and Regent Street. She asked if signage can be placed on the traffic light pole that is between the entrance and exit lanes of Loach’s Road.

The General Manager of Infrastructure Services advised a request has been received and forwarded to staff for review. He will advise once the matter has been resolved.

City Council 2013-11-26 (24) Adjournment Kett/Dupuis: THAT this meeting does now adjourn. Time: 8:08 p.m. CARRIED

Mayor Marianne Matichuk, Chair Caroline Hallsworth, Executive Director, Administrative Services/City Clerk

City Council 2013-11-26 (25)