THE EIGHTY-FIRST MEETING OF THE COUNCIL OF THE CITY OF

C-11 Wednesday, November 10, 2010 Tom Davies Square Commencement: 4:15 p.m.

DEPUTY MAYOR RON DUPUIS, IN THE CHAIR

Present Councillors Cimino; Barbeau; Berthiaume; Dutrisac; Dupuis; Rivest; Thompson (A4:38pm); Callaghan; Craig; Caldarelli; Gasparini (A5:05pm); Landry-Altmann; Mayor Rodriguez

City Officials Doug Nadorozny, Chief Administrative Officer; Bill Lautenbach, General Manager of Growth & Development; Lorella Hayes, Chief Financial Officer/Treasurer; Jamie Canapini, City Solicitor; Paul Baskcomb, Director of Planning Services; Mark Simeoni, Manager of Community & Strategic Planning; Paddy Buchanan, Manager of Accounting; , Auditor General; Angie Haché, City Clerk

Declarations of None declared. Pecuniary Interest

Closed Meeting 2010-401 Caldarelli-Dutrisac: THAT the Council of the City of Greater Sudbury move to Closed Meeting to deal with one Solicitor-Client Privilege Matter regarding 1211250 Inc., one Litigation or Potential Litigation Matter regarding an OMB appeal and one Security of Property Matter in accordance with the Municipal Act, 2001, s.239(2). CARRIED

Recess At 5:45 p.m., Council recessed.

Reconvene At 6:09 p.m., Council commenced the regular meeting in the Council Chamber.

Chair HIS WORSHIP MAYOR , IN THE CHAIR

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

City Council (81ST) 2010-11-10 (1) City Officials Doug Nadorozny, Chief Administrative Officer; Nick Benkovich, Acting General Manager of Infrastructure Services; Catherine Matheson, General Manager of Community Development; Bill Lautenbach, General Manager of Growth & Development; Tim Beadman, Chief of Emergency Services; Marc Leduc, Fire Chief; Allan Lekun, Acting Chief of Police; Caroline Hallsworth, Executive Director, Administrative Services; Paddy Buchanan, Acting Chief Financial Officer/Treasurer; Jamie Canapini, City Solicitor; Ian Wood, Chief of Staff to the Mayor; Martin Lajeunesse, Executive Assistant to the Mayor; Brian Bigger, Auditor General; Angie Haché, City Clerk; Lesley Bottrell, Audio-Visual Operator; Franca Bortolussi, Council Secretary

News Media CBC Radio; EastLink News; EZ Rock; Le Voyageur; Northern Life; Sudbury Star

CUPE Local 4705 Fred Posadowski, Vice-President

Councillors-Elect Mayor Rodriguez welcomed Dave Kilgour, Councillor-Elect, Ward 7 and Fabio Belli, Councillor-Elect, Ward 8

Moment of Silent The Mayor requested that, during the Moment of Silent Reflection Reflection, Council remember Ian Henri, son of Lori (City employee) and Mike Henri who was recently injured in Afghanistan.

Declarations of Councillor Caldarelli declared a conflict regarding Item R-2 Pecuniary Interest (2010 Election Recount – Ward 10).

MATTERS ARISING FROM THE “CLOSED MEETING”

Rise and Report Deputy Mayor Dupuis, as Chair of the Closed Meeting, reported Council met to deal with one Solicitor-Client Privilege Matter regarding 1211250 Ontario Inc., one Litigation or Potential Litigation Matter regarding an OMB appeal and one Security of Property Matter in accordance with the Municipal Act, 2001, s.239(2) and no resolutions emanated therefrom.

City Council (81ST) 2010-11-10 (2) CONSENT AGENDA

Consent Agenda The following motion was presented to adopt the items contained in the Consent Agenda:

2010-402 Barbeau-Berthiaume: THAT Consent Agenda Items C-1 to C-5 inclusive and Items C-7 and C-8 be adopted. CARRIED

MINUTES

Item C-1 2010-403 Barbeau-Berthiaume: THAT Report No. 80, City Report No. 80 Council Minutes of October 13, 2010 be adopted. City Council CARRIED October 13, 2010

Item C-2 2010-404 Rivest-Landry-Altmann: THAT Report No. 80, Report No. 80 Planning Committee Minutes of November 2, 2010 be Planning Committee adopted. November 2, 2010 CARRIED

Item C-3 2010-405 Rivest-Landry-Altmann: THAT Report No. 15, Traffic Report No. 15 Committee Minutes of November 1, 2010 be adopted. Traffic Committee CARRIED November 1, 2010

Item C-4 2010-406 Barbeau-Berthiaume: THAT Report No. 15, City of Report No. 31 Greater Sudbury Public Library Board Minutes of September CGSPLB 22, 2010 be received. September 22, 2010 CARRIED

Item C-5 2010-407 Berthiaume-Barbeau: THAT the Tender Opening TOC Committee Minutes of September 30, 2010 be received. September 30, 2010 CARRIED

Item C-6 See page 4. TOC October 20, 2010

Item C-7 2010-408 Craig-Dupuis: THAT the Tender Opening TOC Committee Minutes of October 28, 2010 be received. October 28, 2010 CARRIED

City Council (81ST) 2010-11-10 (3) TENDERS AND REQUESTS FOR PROPOSALS

Item C-8 Report dated November 3, 2010 was received from the Vendor for Storage Executive Director, Administrative Services regarding Vendor Area Network for Storage Area Network.

2010-409 Dupuis-Craig: THAT Midrange be selected as the Vendor of Record for the new IBM Storage Area Network (SAN) equipment for the next 5 years;

AND THAT the Executive Director of Administrative Services be authorized to enter into this contract with Midrange, all in accordance with the Purchasing By-Law as approved by Council. CARRIED

MINUTES

Item C-6 2010-410 Craig-Dupuis: THAT the Tender Opening TOC Committee Minutes of October 20, 2010 be received. October 20, 2010 CARRIED

REGULAR AGENDA

MANAGERS’ REPORTS

Item R-1 Report dated September 28, 2010 was received from the Provincial Offences – Executive Director, Administrative Services regarding Court Cancellations Provincial Offences – Court Cancellations.

The following motion was presented:

2010-411 Craig-Dupuis: WHEREAS there is a shortage of Justices of the Peace in Northeastern Ontario;

AND WHEREAS other municipalities and the Municipal Court Managers’ Association of Ontario are calling upon the Province of Ontario to address this shortage;

NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury petition the Province of Ontario to make timely appointments of Justices of the Peace and ensure that there is a full complement of Justices of the Peace in Northeastern Ontario;

City Council (81ST) 2010-11-10 (4) MANAGERS’ REPORTS (cont’d)

Item R-1 AND THAT a copy of this resolution be sent to The Provincial Offences – Honourable Chris Bentley, Attorney General of Ontario, The Court Cancellations Honourable Rick Bartolucci, Minister of Municipal Affairs and (cont’d) Housing and MPP for Sudbury and France Gelinas, MPP for Nickel Belt. CARRIED

Item R-2 Report dated November 3, 2010 was received from the 2010 Election Recount Executive Director, Administrative Services regarding 2010 – Ward 10 Election Recount – Ward 10.

Letter dated November 10, 2010 from Fern Cormier withdrawing his request for a recount in Ward 10 was distributed to Council Members at the meeting.

Mayor Rodriguez advised that, as a request for a recount in Ward 10 was withdrawn, no further action was required.

Councillor Caldarelli, having declared a conflict of interest in the foregoing matter, did not take part in the discussion.

BY-LAWS

THE FOLLOWING BY-LAWS WERE READ AND PASSED:

2010-242 A BY-LAW OF THE CITY OF GREATER SUDBURY TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING OF NOVEMBER 10, 2010

2010-243 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

(This by-law implements the changes approved by the Traffic Committee on November 1st, 2010 and adopted by Council and a change to Designated Parking Spaces resulting in the Zoning By- law coming into effect.)

2010-244 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE CANCELLATION, REDUCTION OR REFUND OF REALTY TAXES

Report dated October 14, 2010 from the Chief Financial Officer/City Treasurer regarding Tax Adjustments under Section 357 and 358 of the Municipal Act.

City Council (81ST) 2010-11-10 (5) BY-LAWS (cont’d)

2010-244 (cont’d) (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.)

2010-245 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY- LAW 2010-188, A BY-LAW TO PROHIBIT, REGULATE AND CONTROL DISCHARGES INTO BODIES OF WATERS WITHIN CITY BOUNDARIES OR INTO THE CITY SANITARY SEWERS, STORM SEWERS, SANITARY SEWAGE WORKS AND ALL TRIBUTARY SEWER SYSTEMS

(This amendment corrects a problem which arose in the printing of the by-law and does not make any substantive change to the by- law as approved.)

2010-246 A BY-LAW OF THE CITY OF GREATER SUDBURY TO ADOPT AN INVESTMENT POLICY

2010-247 A BY-LAW OF THE CITY OF GREATER SUDBURY TO DECLARE CERTAIN PARCELS OF LANDS TO BE PART OF THE CITY ROAD SYSTEM

(This By-law is presented to Council from time to time. It provides for all the small “bits and pieces” of roadway that have been purchased or otherwise acquired by the City for road purposes to be formally declared as roads. A number of widenings, subdivision transfers, sight triangles, etc., are included.)

2010-248 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE TRANSFER OF PIN 73496-0450 BEING BLOCK A ON PLAN M-1049 TO 1558782 ONTARIO INC.

Planning Committee Recommendation #2010-210

2010-249Z 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 #2010-183

(This by-law rezones the subject property to "I(35)", Institutional Special and "R3-1(21)", Multiple Residential Special in order to allow parking for the adjacent commercial lands - Prime Property Inc., Paris Street, Sudbury)

City Council (81ST) 2010-11-10 (6) BY-LAWS (cont’d)

2010-250Z 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

(This By-law incorporates By-law 2010-217Z amending By-law 83- 304 into By-law 2010-100Z - Nicole Everest et al, Pine Cone Road, Skead)

2010-251Z 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

(This By-law incorporates By-law 2010-205Z amending By-law 83- 302 into By-law 2010-100Z - Lorrie & Roy Beausoleil, Mona Avenue, Chelmsford)

2010-252Z 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

(This By-law incorporates By-law 2010-206Z amending By-law 95- 500Z into By-law 2010-100Z - Maric Holdings Inc., 2345 Regent Street South, Sudbury)

2010-253Z 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

(This By-law incorporates By-law 2010-218Z amending By-law 83- 304 into By-law 2010-100Z - Marina Courts Limited, 219 O’Neil Drive, Garson)

2010-254Z 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

(This By-law incorporates By-law 2010-202Z amending By-law 95- 500Z into By-law 2010-100Z - Frank Piquette, 388 Albert Street, Sudbury)

2010-255Z 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

City Council (81ST) 2010-11-10 (7) BY-LAWS (cont’d)

2010-255Z (cont’d) (This By-law incorporates By-law 2010-201Z amending By-law 95- 500Z into By-law 2010-100Z - Elias & Marie Malakieh, 265 Montcalm Avenue, Sudbury)

2010-256Z 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

(This By-law incorporates By-law 2010-203Z amending By-law 95- 500Z into By-law 2010-100Z - Milad Mansour, 2406 Larchwood Drive, Sudbury)

2010-257Z 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

(This By-law incorporates By-law 2010-204Z amending By-law 95- 500Z into By-law 2010-100Z - City of Greater Sudbury, Chapman Street, Sudbury)

2010-258Z 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

(This By-law incorporates By-law 2010-233Z amending By-law 83- 300 into By-law 2010-100Z - Laurette Lavallee, 1830 Main Street, Val Caron)

2010-259Z 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 #2010-93

(This by-law rezones the subject property to "C1-28", Local Commercial Special Zone in order to allow a digital imaging print shop - Jamie Blouin and Liane Malette, 2096 Lasalle Blvd., Sudbury)

2010-260Z 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 #2010-200

City Council (81ST) 2010-11-10 (8) BY-LAWS (cont’d)

2010-260Z (cont’d) (This by-law does not rezone the subject property. Pursuant to Section 39.1 of the Planning Act, Council has approved the extension of a temporary use by-law originally adopted in 1999 in order to continue the use of a mobile home as a garden suite - Marc & Louise Ménard, 1236 Gravel Drive, Hanmer)

2010-261Z 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 Recommendations #2009-36 and #2010-46

(This by-law rezones the subject property to "R3(24)", Medium Density Residential Special in order to allow additional dwelling units - 1018586 Alberta Ltd., 349, 355, 361 & 367 Harrison Drive, Sudbury)

2010-262Z 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 #2010-194

(This by-law rezones the subject property to Industrial Uses in order to permit the development of a business/industrial subdivision - 1777222 Ontario Limited & 1777223 Ontario Limited, Kingsway, Sudbury)

2010-263Z 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 #2010-204

(This by-law rezones the subject property to "C1(30)", Local Commercial Special in order to allow a business office - Gerald Desroches, 955 Bancroft Drive, Sudbury)

2010-264Z 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

(This By-law incorporates By-law 2010-219Z amending By-law 83- 300 into By-law 2010-100Z.- Marnie & Robert Squires, 2833 Dominion Drive, Blezard Valley)

City Council (81ST) 2010-11-10 (9) BY-LAWS (cont’d)

Read & Passed 2010-412 Dupuis-Craig: THAT By-law 2010-242 to and including By-law 2010-264Z be read and passed. CARRIED

QUESTION PERIOD

Construction at the Councillor Dupuis stated that this morning traffic was Intersection of Notre backed up five kilometres on Highway 69 North due to a Dame Avenue & lane closure at the intersection of Notre Dame Avenue and Lasalle Boulevard Lasalle Boulevard. He asked why the City does not communicate with residents of the Valley the night before the work is started. He stated that next year there will be more construction at that intersection and residents must be made aware ahead of time of lane closures so they can make alternate arrangements or take alternate routes. He asked that the Chief Administrative Officer to ensure residents are advised of construction and lane closures in advance.

“Winter Mode” Councillor Craig advised that, notwithstanding the unusual good weather we are having, City front line workers are using the excuse that “we are in winter mode” when asked why they will not go up a hill to collect garbage.

The Acting General Manager of Infrastructure Services advised he will bring the matter back to the front line staff to see that they respond to those requests.

Road Construction Councillor Cimino commented on the Regent Street road Stating Sites construction. He stated there are by-law exemptions for construction companies working for the City allowing them to use privately owned lands for staging sites for gravel, trailers, supplies, etc. He indicated that, although he understands the logistics, he feels the system needs to be changed as such sites are disruptive to the neighbourhood. In other municipalities, a rezoning application for a temporary use is required which gives the public an opportunity to provide input.

The City Solicitor advised that he will review this matter and report back.

City Council (81ST) 2010-11-10 (10) QUESTION PERIOD (cont’d)

Sewer Line Work on Councillor Berthiaume indicated that Keith Avenue in Keith Avenue, Chelmsford is being dug up to install a larger sewer line to Chelmsford accommodate Villa St. Gabriel. He stated this is an issue of communication as the residents of the street were not aware of what was happening. He asked if there was a communication strategy to inform the public and if the City has a responsibility to inform the public of such work. He indicated the residents received a letter after heavy equipment was brought to the site and stakes placed in the ground.

The Executive Director, Administrative Services advised she will follow up with Corporate Communications regarding this matter.

Vermilion Lake Road Councillor Berthiaume advised that the condition of Vermilion Lake Road is getting worse and the road moved to second place on the CAA ‘worst roads’ list. He asked if it has already been decided which roads will be worked on in the next few years or if Vermilion Lake Road will be reviewed. He indicated he was on Penage Lake Road where they are doing excellent road work and stated the two roads are similar.

The Acting General Manager of Infrastructure Services indicated he will check to see where Vermilion Lake Road is on the Roads Priority Llist.

Potholes Councillor Dutrisac indicated she has been receiving a number of calls regarding potholes. She asked how the City monitors the work done by contractors and how it directs their work. She stated a resident called 311 to report a pothole, a crew went out to repair the pothole but did not repair other potholes in the immediate area. The resident then called back to report the other potholes. She asked if contractors are given a list of the potholes to repair on a street or if they are given one pothole at a time. She stated this must be remedied to be more efficient.

The Auditor General stated that this was one of the recommendations in his audit report but a follow-up to the audit report has not been done.

City Council (81ST) 2010-11-10 (11) QUESTION PERIOD (cont’d)

Potholes (cont’d) The Acting General Manager of Infrastructure Services indicated he will ask the General Manager of Infrastructure Services to contact the Councillor in this regard.

Walden Family Health Councillor Barbeau advised of the pending opening of the Team Family Health Team in Walden. He indicated that in order to get on the roster of a Family Health Team doctor, a person must be registered with Health Care Connect. He stated the word must get out to the public of this new service in Walden and asked how the City can help, as they have an investment in the project. He requested that 311 staff be given the Health Care Connect 800 number to provide to residents. He asked if a staff member can be designated to answer questions from seniors who find the process confusing and also, if the Seniors Help Line can help provide information.

The General Manager of Community Development indicated these suggestions can be implemented.

Councillor Dutrisac indicated that she has received many calls during the past week from residents who do not have doctors. She asked if the Walden Family Health Team is accepting patients from other Wards as Ward 4 residents have indicated that they would be willing to travel to see a doctor.

Councillor Barbeau stated that the process to be followed by the Walden Family Health Team is to roster patients from Ward 2 first and then open to the general public.

Residents without Councillor Dutrisac asked where someone who does not Doctors have a doctor and has no chronic illness would be placed on the Health Care Connect list.

The General Manager of Community Development advised that she will obtain this information and provide it to Council.

Councillor Barbeau indicated that David Courtemanche has volunteered to arrange for a representative from Health Care Connect to attend a Council meeting in the new year to explain their service.

City Council (81ST) 2010-11-10 (12) QUESTION PERIOD (cont’d)

Construction at the Councillor Rivest stated he was also caught in the traffic on Intersection of Notre Highway 69 North this morning. He received call regarding Dame Avenue & this matter and spoke to the head engineer asking why this Lasalle Boulevard construction was taking place during peak hours. The head engineer explained that they had scheduled watermain repairs which were to be completed by 6:00 a.m. He stated that if it becomes apparent that the work cannot be completed by the scheduled time, the media should be alerted so that people can make alternate plans.

The Chief Administrative Officer and the Acting General Manager of Infrastructure Services indicated that will look into this matter.

Adjournment 2010-413 Dutrisac-Caldarelli: THAT this meeting does now adjourn. Time: 7:03 p.m. CARRIED

Mayor John Rodriguez, in the Chair Angie Haché, City Clerk

City Council (81ST) 2010-11-10 (13)