THE FORTY-THIRD MEETING OF THE COUNCIL OF THE CITY OF

Council Chamber Wednesday, January 14, 2009 Tom Davies Square Commencement: 6:05 p.m.

Chair HIS WORSHIP MAYOR , IN THE CHAIR

Present Councillors Cimino; Barbeau; Berthiaume; Dutrisac; Dupuis; Rivest; Thompson; Callaghan; Craig; Caldarelli; Gasparini; Landry-Altmann

City Officials D. Nadorozny, Acting Chief Administrative Officer; G. Clausen, General Manager of Infrastructure Services; C. Matheson, General Manager of Community Development; B. Lautenbach, Acting General Manager of Growth & Development/Planning Director; T. Beadman, Chief of Emergency Services; M. Leduc, Fire Chief; I. Davidson, Police Chief; C. Hallsworth, Executive Director, Administrative Services; L. Hayes, Chief Financial Officer/Treasurer; R. Swiddle, City Solicitor; R. Hotta, Director of Pioneer Manor; R. Henderson, Director of Citizen Services; B. Arbuckle, Manager of Income Support, Works; T. Parmar, Manager of Quality, Administration & Financial Services; K. Moxam, Manager of Parks Services; E. Bennett, Manager of Communications & French Language Services; J. Pafford, Community Development Coordinator; J. Canapini, Co-ordinator of Strategic Initiatives & Policies; J. McKechnie, Executive Assistant to the Mayor; A. Haché, Audio-Visual Operator; P. Pelletier, Audio-Visual Operator; F. Bortolussi, Council Secretary

Others Claude Gravelle, MP, Nickelbelt

News Media Big Daddy, CBC Radio; CBC Radio-Canada Television; CIGM; KICX; Le Voyageur; MCTV; Northern Life; Persona 10 News; Sudbury Star

Declarations of None declared. Pecuniary Interest

COMMUNITY DELEGATIONS

Item 1 Council noted that Walk & Bike for Life regarding the Trails for Walk & Bike for Life Active Transportation Project was to be conducted in Greater Sudbury January 12 to 14, 2008.

C.C. 2009-01-14 (43RD) (1) Item 1 Gil Penalosa, Executive Director, Walk & Bike for Life, made an Walk & Bike for Life electronic presentation entitled Connecting People and Places: (continued) Creating a Great Sudbury. He stated they have been making presentations throughout Greater Sudbury during the last three days for community consultations to promote trails as an integral part of community life which connect people who live, work, and play along their paths. A report will be prepared to identify short term and long term recommendations for active transportation developments and Council will be provided with an overview of the project and a brief summary of the local consultations.

Mr. Penalosa explained the benefits of walking and cycling as activities and of urban parks and trails as great places, and their impact on creating healthier communities where its residents live happier. He stated that, when new developments are created, Transportation priorities should be pedestrian first, bicyclists second, transit and then cars and others. He provided examples such as 9th Avenue and Broadway Avenue in Manhattan and Copenhagen, Denmark.

PRESENTATIONS

Item 2 Presentation entitled Critical Response to ALC Crisis – Options Alternative Level of Care Matrix setting out short term and long term recommendations and (ALC) Crisis documentation entitled Remarks by Jim Gordon were distributed to Council Members.

Jim Gordon, Chair of City's Advisory Panel on Health Cluster Development, provided concluding remarks on public input and final key recommendations with respect to Alternate Level of Care (ALC) Crisis. He advised that since he appear before Council on December 10, 2008, two public meetings were held and concluded that two options had been deemed most important, i.e. Home Care and Sudbury Regional Hospital - Memorial Site. He stated the Ministry of Health and Long Term Care should be requested to keep the Memorial Site open for ALC patients and listed the reasons including the increase in ALC patients in the hospital and the number of persons age 65 and over. He further stated that the Home Care system in Greater Sudbury is facing challenges as there are insufficient workers, job satisfaction is low and attendance at Personal Support Worker (PSW) courses is diminishing. He outlined recommendations including financial incentives to PSW students and the use of data and a GPS system to better utilize workers’ time.

C.C. 2009-01-14 (43RD) (2) Item 2 The following resolution was presented: Alternative Level of Care (ALC) Crisis (continued) 2009-01 Callaghan-Barbeau: WHEREAS the Province Of Ontario faces unprecedented demographic change as our population ages;

AND WHEREAS this change is most profound in in general and in the City of Greater Sudbury in particular;

AND WHEREAS the provision of timely and effective services to seniors in their own homes or in supportive housing settings is now acknowledged as the most sensitive and cost-effective way to help seniors to maintain a healthy and fulfilled lifestyle;

AND WHEREAS as outlined in the recent North East Local Health Integration Network (LHIN) Housing Options Report, a dramatically increased supply of supportive housing is required in Greater Sudbury to provide a solid alternative to more costly Long Term Care facilities;

THEREFORE BE IT RESOLVED THAT the Council of City of Greater Sudbury calls upon the Ministry of Health and Long Term Care to support and implement innovative solutions aligned with their own strategy to promote “aging at home.” These solutions must include:

Ü Assistance to local colleges to improve and enhance Personal Support Worker programs and incentives for students to choose these programs; Ü A commitment to review and adjust Personal Support Worker and Homemaker compensation to strengthen the retention and attraction of workers in this sector. In particular, the Ministry must provide additional funding to overcome the barrier of unpaid travel time required in Greater Sudbury; Ü Recognition of the home care and personal support sector as the foundation for the aging at home strategy and acknowledgement of the unique factors influencing care here in Greater Sudbury; Ü A commitment to consult the communities of Northeastern Ontario and local service providers, prior to making changes to funding and program structures in the area of homecare and elderly support services; Ü Establishing a funding program to assist both for-profit and not-for-profit developers to build supportive housing in our city. CARRIED UNANIMOUSLY

C.C. 2009-01-14 (43RD) (3) Rules of Procedure Council, by a two-thirds majority, agreed to dispense with the Rules of Procedure, to alter the order of the Agenda and deal with Item R-2 (Steelworkers Hall - Demolition Waste) at this time and also to allow John Fera, President, United Steelworkers Local 6500 to speak on this matter.

MANAGERS’ REPORTS

Item R-2 Report dated December 30, 2008 was received from the General Steelworkers Hall - Manager of Infrastructure Services regarding Steelworkers Hall - Demolition Waste Demolition Waste.

John Fera thanked Council for the opportunity to speak. He stated that on September 19, 2008, the community lost a building which was a home to many organizations, a hall where many community and family events were held. He listed the donations USW Local 6500 made to various charities and causes. He asked for Council’s assistance with their new building which will be environmentally friendly.

The General Manager of Infrastructure Services advised that according to the demolition contractor, the estimate for tipping fees is now $90,000 as they are doing some separating of materials.

The following resolution was presented:

2009-02 Barbeau-Dutrisac: THAT Council approve Steelworkers Hall – Demolition Waste Option # 3;

AND THAT the demolition waste be used to conduct the trial and the development of the Construction & Demolition Material Recycling Site all in accordance with the report from the General Manager of Infrastructure Services dated December 30, 2008.

C.C. 2009-01-14 (43RD) (4) Item R-2 RECORDED VOTE: Steelworkers Hall - Demolition Waste YEAS NAYS (continued) Barbeau Cimino Berthiaume Rivest Dutrisac Dupuis Thompson Callaghan Craig Caldarelli Gasparini Landry-Altmann Mayor Rodriguez CARRIED

Option # 3 reads “Eliminate up to $125,000 of tipping fees”.

PRESENTATIONS

Item 3 Report dated January 2, 2009 was received from the General Pioneer Manor Insurance Manager of Community Development regarding Pioneer Manor Insurance.

Catherine Matheson, General Manager of Community Development; Louis Bélanger, Yallowega Bélanger Architecture; Randy Hotta, Director of Pioneer Manor; and Tony Parmar, Manager of Quality Administrative and Financial Services made an electronic presentation regarding Pioneer Manor Insurance.

General Manager of Community Development advised that the presentation would provide a building analysis, new design, impact on residents and insurance briefing. She explained the Council briefing beginning with the in-camera meeting on March 28, 2007 and Council’s direction for capital direction. She listed the experts processing the claim and the City priorities including resident care and evacuation, negotiation settlement and capital construction.

Louis Bélanger presented the Pioneer Manor Boreal Wing Redevelopment including analysis of fire conditions, recommendations to proceed and new design. He showed pictures of the damage caused by the fire and listed the significant risks related to the reuse of any part of the remaining portion. He outlined the differences between pre-fire conditions and project under construction conditions.

C.C. 2009-01-14 (43RD) (5) PRESENTATIONS (continued)

Proceed Past 2009-03 Cimino-Barbeau: THAT we proceed past the hour of 9:00 p.m. 9:00 p.m. CARRIED

Item 3 The Director of Pioneer Manor outlined the operational issues Pioneer Manor Insurance including the relocation of residents and the transition plan. He (continued) stated there were 392 beds prior to the fire and approximately 125 residents were evacuated to the west wing and 116 residents were taken home by family members. He further stated that currently there are 366 beds at Pioneer Manor and 56 at Sudbury Regional Hospital – Laurentian Site. He stated there are additional costs of operating at the hospital site for nursing care staff, laundry services, etc.

The Manager of Quality Administrative and Financial Services provided an insurance claim overview. He stated that, from the beginning, the status of the slab in the L section of the Boreal Wing and the appropriate cost of reconstruction/remediation was at issue. He outlined in great detail the timeline of the negotiations from October 26, 2006 when the insurer engaged experts to determine the extent and nature of the building loss to the outcome of the arbitration hearing of December 3 and 4, 2008. He explained the cost of reconstruction and the extra expenses to the end of 2009 and the source of funding for each.

The General Manager of Community Development provided a cash settlement summary comparing the insurer’s position at arbitration and the insurer’s last offer and an arbitration summary. She concluded by outlining Council Priority – Northeast Centre of Excellence for Seniors’ Health.

Proceed Past 2009-04 Cimino-Barbeau: THAT we proceed past the hour of 10:00 p.m. 10:00 p.m. CARRIED UNANIMOUSLY

The following resolution was presented:

2009-05 Rivest-Dutrisac: WHEREAS the City of Greater Sudbury utilized professionals in an effort to negotiate an insurance settlement and later present a case at arbitration related to the Pioneer Manor Fire of October 26, 2006;

AND WHEREAS the City of Greater Sudbury is reconstructing Boreal Wing as a 64 Bed dementia unit meeting Ministry of Health and Long-Term Care "A" standards;

C.C. 2009-01-14 (43RD) (6) PRESENTATIONS (continued)

Item 3 THEREFORE BE IT RESOLVED THAT net expenditures for Pioneer Manor Insurance such professionals in the approximate amount of $160,120 be (continued) offset by a contribution from the Insurance Reserve Fund;

AND THAT the municipal capital contribution for the reconstruction of Boreal Wing of $700,000 up to $1.2 million be funded from the Capital Financing Reserve Fund – Health & Social Services and the Pioneer Manor Capital Reserve Fund.

RECORDED VOTE:

YEAS NAYS

Cimino Barbeau Berthiaume Dutrisac Dupuis Rivest Thompson Callaghan Craig Caldarelli Gasparini Landry-Altmann Mayor Rodriguez CARRIED

CONSENT AGENDA

Consent Agenda The following resolution was presented to adopt the items contained in Part I, Consent Agenda:

2009-06 Callaghan-Rivest: THAT Consent Agenda Items C-1 to C-4 and C-6 to C-18 inclusive be adopted. CARRIED

C.C. 2009-01-14 (43RD) (7) MINUTES

Item C-1 Councillor Thompson questioned Item C-14 (Review of Report No. 42 Municipally Owned Seasonal Trailer Parks & By-law 204-351) in City Council the City Council Minutes of December 10, 2008. December 10, 2008 Council, by consensus, agreed to a request by Councillor Thompson for a report with further recommendations, after consultation with the people involved, including costs, how to accommodate present campers and other problems which may be identified.

2009-07 Rivest-Callaghan: THAT Report No. 42, City Council Minutes of December 20, 2008 be adopted. CARRIED

Item C-2 2009-08 Callaghan-Rivest: THAT Report No. 28, Finance Report No. 28 Committee Minutes of December 8, 2008 be adopted. Finance Committee CARRIED December 8, 2008

Item C-3 2009-09 Rivest- Callaghan: THAT Report No. 29, Finance Report No. 29 Committee Minutes of December 16, 2008 be adopted. Finance Committee CARRIED December 16, 2008

Item C-4 Report No. 30, Finance Committee Minutes of January 12, 2009 Report No. 30 was distributed to Council Members at the meeting. Finance Committee January 12, 2009 2009-10 Callaghan-Rivest: THAT Report No. 30, Finance Committee Minutes of January 12, 2009 be adopted. CARRIED

Item C-5 See pages 10 and 11.

Item C-6 2009-11 Callaghan-Rivest: THAT the Sudbury & District Board of SDBH Health Minutes of November 20, 2008 be received. November 20, 2008 CARRIED

Item C-7 2009-12 Rivest-Callaghan: THAT Report No. 16, Sudbury Metro Report No. 16 Centre Minutes of September 8, 2008 be received. SMC CARRIED September 8, 2008

Item C-8 2009-13 Callaghan-Rivest: THAT Report No. 17, Sudbury Metro Report No. 17 Centre Minutes of October 7, 2008 be received. SMC CARRIED October 7, 2008

C.C. 2009-01-14 (43RD) (8) MINUTES (continued)

Item C-9 2009-14 Rivest-Callaghan: THAT Report No. 18, Sudbury Metro Report No. 18 Centre Minutes of November 3, 2008 be received. SMC CARRIED November 3, 2008

Item C-10 2009-15 Callaghan-Rivest: THAT Report No. 12, City of Greater Report No. 12 Sudbury Public Library Board Minutes of September 23, 2008 be CGSPLB received. September 23, 2008 CARRIED

Item C-11 2009-16 Rivest-Callaghan: THAT Report No. 13, City of Greater Report No. 13 Sudbury Public Library Board Minutes of October 21, 2008 be CGSPLB received. October 21, 2008 CARRIED

Item C-12 2009-17 Callaghan-Rivest: THAT the Tender Opening TOC Committee Minutes of December 18, 2008 be received. December 18, 2008 CARRIED

Item C-13 2009-18 Rivest-Callaghan: THAT the Tender Opening TOC Committee Minutes of December 23, 2008 be received. December 23, 2008 CARRIED

Item C-14 2009-19 Callaghan-Rivest: THAT the Nickel District Conservation NDCA Authority Minutes of December 11, 2008 be received. December 11, 2008 CARRIED

TENDERS

Item C-15 Report dated January 7, 2009 was received from the General RFP Insurance Manager of Community Development regarding RFP Insurance Appraisal (Arbitration) Appraisal (Arbitration) Services. Services 2009-20 Rivest-Callaghan: THAT Council authorize $20,000 from the Insurance Reserve Fund to offset additional costs associated with the City’s appraisal services. CARRIED

ROUTINE MANAGEMENT REPORTS

Item C-16 Report dated December 8, 2008 was received from the Chief Tax Extension Financial Officer/Treasurer regarding Tax Extension Agreement Agreement, Marcel for Roll # 050.006.02300.0000 between the City of Greater Joseph Vanier Sudbury and Marcel Joseph Vanier.

C.C. 2009-01-14 (43RD) (9) ROUTINE MANAGEMENT REPORTS (continued)

Item C-16 2009-21 Callaghan-Rivest: THAT Council approve the Tax Tax Extension Extension Agreement for Roll # 050.006.02300.0000 between Agreement, Marcel the City of Greater Sudbury and Marcel Joseph Vanier with Joseph Vanier respect to the property located at 354 Regent Street, in the City (continued) of Greater Sudbury;

AND THAT the appropriate by-law be enacted. CARRIED

Item C-17 Report dated January 7, 2009 was received from the Chief 2009 Miscellaneous Financial Officer/Treasurer regarding 2009 Miscellaneous User User Fees Fees.

2009-22 Rivest-Callaghan: THAT the appropriate By-law be passed to reflect the increases in the User Fees as reflected in the report dated January 7, 2009 from the Chief Financial Officer/Treasurer. CARRIED

Item C-18 Report dated November 6, 2008 was received from the Executive Appointment to Director, Administrative Services regarding Appointment to Federation of Northern Federation of Municipalities. Ontario Municipalities 2009-23 Callaghan-Rivest: THAT Councillor Claude Berthiaume be re-appointed to the Executive Committee (Board of Directors) of the Federation of Northern Ontario Municipalities as the City of Greater Sudbury's representative for the term ending November 30, 2010. CARRIED

MINUTES

Item C-5 Planning Committee Recommendation #2009-10 (Application for Report No. 42 Rezoning, Chez Toi, Chez Moi, 479-495 Notre Dame Avenue, Planning Committee Sudbury) was presented and dealt with as follows: January 6, 2009 2009-24 Cimino-Berthiaume: THAT the application by the application by Chez Toi, Chez Moi to amend By-law 95-500Z being the Comprehensive Zoning By-law for the (former) City of Sudbury by changing the zoning classification of lands described as PIN 02133-0339, Lots 5 and 6, Plan 18S, Lot 5, Concession 4, Township of McKim, City of Greater Sudbury by changing the zoning classification from "C2", General Commercial to "C2-S", General Commercial Special be approved subject to the following conditions:

C.C. 2009-01-14 (43RD) (10) MINUTES (continued)

Item C-5 1) That the amending by-law specify that in addition to the Report No. 42 uses permitted in the C2 zone a rooming house for guest Planning Committee room accommodation for up to 12 persons is also be January 6, 2009 permitted.

RECORDED VOTE:

YEAS NAYS

Barbeau Cimino Berthiaume Rivest Dutrisac Thompson Dupuis Callaghan Craig Caldarelli Mayor Rodriguez Gasparini Landry-Altmann

DEFEATED

2009-25 Rivest-Callaghan: THAT Report No. 42, Planning Committee Minutes of January 6, 2009 be adopted with the exception of Recommendation 2009-10 as otherwise dealt with.

CARRIED

REGULAR AGENDA

MANAGERS’ REPORTS

Item R-1 The Finance Committee did not complete the 2009 Budget Approval of 2009 Review and therefore the 2009 Budget was not approved. Budget

Item R-2 See pages 4 and 5.

ADDENDUM

Addendum to Agenda 2009-26 Rivest-Callaghan: THAT the Addendum to the Agenda be dealt with at this time. CARRIED

C.C. 2009-01-14 (43RD) (11) BY-LAWS

THE FOLLOWING BY-LAWS APPEARED FOR THREE READINGS:

2009-1F 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO ESTABLISH MISCELLANEOUS USER FEES FOR CERTAIN SERVICES PROVIDED BY THE CITY OF GREATER SUDBURY

Refers to Item C-17, City Council Agenda of January 14, 2009

2009-2Z 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY-LAW 83-304, THE COMPREHENSIVE ZONING BY-LAW FOR THE FORMER TOWN OF NICKEL CENTRE

Planning Committee Recommendation #2008-180

(This by-law rezones the subject property to “R3.D47” Medium Density Residential in order to permit the conversion of a surplus institutional building (former church) into a 12-unit multiple dwelling – David Leebody, 24 Garson-Coniston Road, Garson.)

2009-3 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO ESTABLISH A WATER AND WASTEWATER POLICY AND WATER AND WASTEWATER RATES AND CHARGES IN GENERAL AND FOR SPECIAL PROJECTS

Report dated January 13, 2009 was from the Chief Financial Officer/ Treasurer regarding 2009 Water and Wastewater Rates and Charges.

(This by-law sets the water rates for 2009 as determined by Council at its meeting of Monday of January, 2009.)

Three Readings 2009-27 Callaghan-Rivest: THAT By-law 2009-1F to and including By-law 2009-3 be read three times and passed. CARRIED

CIVIC PETITIONS

Sidewalk Snow Removal Councillor Dutrisac submitted a petition to the City Clerk signed on Bloor Street by approximately 26 area residents, which will be forwarded to the General Manager of Infrastructure Services. The petition is requesting sidewalk snow removal on the south side of Bloor Street between Bessie Street and Frood Road.

C.C. 2009-01-14 (43RD) (12) CIVIC PETITIONS (continued)

Increased Bus Service Councillor Rivest submitted a petition to the City Clerk signed by Between Valley approximately 268 residents which will be forwarded to the Acting East/Capreol and General Manager of Growth & Development/Planning Director. Sudbury The petition is requesting increased bus service between Valley East/Capreol and Sudbury.

QUESTION PERIOD

Piling of Snow Councillor Barbeau stated that contractors are piling snow on residential streets, sometimes to ten feet. As it is not reasonable to expect residents to remove the snow, he requested that a letter be circulated to contractors informing them that they will be charged and fined if they continue to pile snow.

The General Manager of Infrastructure Services indicated such letters will be sent.

Adjournment 2009-28 Rivest-Callaghan: THAT this meeting does now adjourn. Time: 11:00 p.m.

CARRIED

Mayor John Rodriguez Angie Haché, City Clerk

C.C. 2009-01-14 (43RD) (13)