THE FIFTY-FIFTH MEETING OF THE COUNCIL OF THE CITY OF

C-11 Wednesday, July 8, 2009 Tom Davies Square Commencement: 1:15 p.m.

DEPUTY MAYOR RON DUPUIS, IN THE CHAIR

Present Councillors Cimino; Barbeau; Berthiaume; Dutrisac; Thompson; Callaghan; Craig (A1:45pm); Caldarelli; Gasparini (D1:15pm, A1:45pm); Mayor Rodriguez

City Officials D. Nadorozny, Chief Administrative Officer; B. Lautenbach, Acting General Manager of Growth & Development/Planning Director; H. Mulc, Manager of Business Development; P. Reid, Business Development Officer; J-M Chenier, Business Development Officer; I. Wood, Special Advisor to the Mayor; A. Haché, City Clerk

Declarations of Councillor Gasparini declared an interest in Item C/S-1 (Valley Pecuniary Interest East Industrial Park) as her family owns industrial lands.

“Closed Session” 2009-267 Thompson-Berthiaume: THAT the Council of the City of Greater Sudbury move to meet in “Closed Session” to deal with one Acquisition or Disposition of Land Matter regarding Valley East Industrial Park and one Personal Matter regarding Negotiations with an Identifiable Individual in accordance with the Municipal Act, 2001, s.239(2). CARRIED

Recess At 2:10 p.m., Council recessed.

Reconvene At 2:16 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; Thompson (D5:09pm); Callaghan; Craig; Caldarelli; Gasparini

City Officials D. Nadorozny, Chief Administrative Officer; G. Clausen, General Manager of Infrastructure Services; L. Valle, Acting 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; F. Elsner, Chief of Police; C. Hallsworth, Executive Director, Administrative Services; L. Hayes, Chief Financial Officer/ Treasurer; R. Swiddle, City Solicitor; R. Falcioni, Director of

C.C. 2009-07-08 (55TH) (1) City Officials (continue) Roads & Transportation; G. Mazza, Director of Building Services/Chief Building Official; R. Henderson, Director of Citizen Services; R. Smith, Deputy Chief, Emergency Medical Services; E. Stankiewicz, Manager of Financial Planning & Policy; H. Mulc, Manager of Business Development; E. Bennett, Manager of Communications & French Language Services; C. Gore, Manager of Volunteerism & Community Development; W. Wagter, Manager of Construction Services; C. Zuliani, Manager of Libraries and Heritage Resources; R. Skelly, Manager of Tourism, Culture & Marketing; I. Wood, Special Advisor to the Mayor; B. Johns, Water/Wastewater Facilities Engineer; D. Shelsted, Roads Engineer; E. Labelle, Assistant City Solicitor; B. Bigger, Auditor General; M. Chiesa, Executive Assistant to the General Manager of Growth & Development; J-M Chenier, Business Development Officer; E. Marson, Business Development Officer; R. Humeniuk, Technical Coordinator - Physician Recruitment; K. Sheppard, Web/Marketing Assistant; J. Cosentino, Law Student; A. Haché, City Clerk; J. Nelson, Clerks Services Co-ordinator; F. Bortolussi, Council Secretary

News Media Big Daddy; EastLink News; EZ Rock; Le Voyageur; MCTV; Northern Life; Sudbury Star

Moment of Silent The Mayor requested that, during the Moment of Silent Reflection, Reflection Council remember Risto Laamanen, a prominent member of the community, who recently passed away.

Declarations of None declared. Pecuniary Interest

COMMUNITY DELEGATIONS

Item 1 Report dated May 8, 2009 was received from the Manager of City of Greater Sudbury Business Development regarding the City of Greater Sudbury Expert Panel on Health Expert Panel on Health Cluster Development. Cluster Development Jim Gordon stated that the City of Greater Sudbury Expert Panel on Health Cluster Development has fulfilled its mandate. They explored and identified a number of opportunities that could better position the community to address ongoing needs and promote community growth, including:

 Alternative Levels of Care Crisis;  Cancer Therapeutic Research Initiative;  Northeastern Pharmacology Network;  Northeastern Genetics Institute;  Health Impact of Poverty;  Centre of Excellence in Occupational Health and Safety;  Adult Regional Cardiac Centre of Northeastern .

C.C. 2009-07-08 (55TH) (2) COMMUNITY DELEGATIONS (continued)

Item 1 He listed the members of the panel and concluded by stating that City of Greater Sudbury the panel is confident that the Greater Sudbury Development Expert Panel on Health Corporation, with sustained community consultation, will continue Cluster Development to identify opportunity to leverage the health care sector to promote community growth and will establish projects designed to exploit those identified opportunities.

The following motion was presented:

2009-268 Thompson-Dupuis: WHEREAS the City of Greater Sudbury Expert Panel on Health Cluster Development was created to identify opportunities to leverage the Health Care sector so as to promote community growth; and work with the Greater Sudbury Development Corporation (GSDC) to establish projects designed to exploit the identified opportunities;

AND WHEREAS over the past two and half years, the Panel Members have worked diligently to stimulate the health sector in a manner that has elevated its importance so that it is now seen in its proper place within the context of economic development in Greater Sudbury;

AND WHEREAS the Panel has accomplished its objective of linking health care researchers and other professionals to the economic development structure at the GSDC;

AND WHEREAS the GSDC has recently reviewed its strategic plan and added an objective to become a regional centre of health services expertise in , by building on the city’s existing strengths in cancer care and research, cardiac care therapy, rural and northern health, and occupational health and safety;

AND WHEREAS the panel is confident that the GSDC, with sustained community consultation and ongoing assistance of many Panel Members, will identify and pursue opportunities to leverage the health care sector to promote community growth;

NOW THEREFORE BE IT RESOLVED that the Council of the City of Greater Sudbury officially dissolve the Expert Panel on Health Cluster Development and thank Panel Chair, Jim Gordon, and the Panel Members for their hard work and commitment to the community;

AND FURTHER THAT Council recommend that the GSDC and Economic Development staff review the conclusions and

C.C. 2009-07-08 (55TH) (3) COMMUNITY DELEGATIONS (continued)

Item 1 recommendations contained within the Panel’s final report and City of Greater Sudbury determine a strategy to pursue the outlined opportunities on Expert Panel on Health behalf of the community’ Cluster Development (continued) AND FURTHER THAT Council request that the GSDC provide information on health cluster development as part of its quarterly report to Council. CARRIED

PRESENTATIONS

Item 2 Report dated June 2, 2009 was received from the Manager of Greater Sudbury Business Development regarding Greater Sudbury Development Development Corporation Quarterly Update. Corporation Quarterly Update Coming of Age in the 21st Century, Digging Deeper  June 2009, an Economic Development Strategic Plan for Greater Sudbury 2020 was distributed to Council Members at the meeting.

Guy Labine, Chair, Greater Sudbury Development Corporation, made an electronic presentation entitled Digging Deeper. He advised of the strategic plan progress with respect to the Mining and Mining Supply and Service Sector, the Alberta Oil Sands opportunity and the School of Architecture. He indicated that, in the second quarter, the Regional Business Centre handled 200 enquires, 155 consultations and 110 new business registrations being a 40% increase in client traffic. With respect to tourism, he advised that Greater Sudbury has an occupancy rate of 59.2% compared to the 54.8% provincial average. He also advised of Greater Sudbury tourism being in the media (Maclean’s Magazine and Via Rail’s magazine) and broadcast on a Global TV newscast. He listed the City’s investments in projects from January to June 2009 and their economic impact. He advised that a total of sixteen doctors have been recruited through the Physician Recruitment program. With respect to Market Square, he indicated that it is at full capacity for the 2009 season with six new vendors. He provided information on the renewed Strategic Plan and explained the igniters, economic engines and guiding principles for economic development. He advised of the Community Adjustment Committee and the Employment Linkage Committee. He concluded by listing the new Board Members and Executive and the 2009/2010 plans.

C.C. 2009-07-08 (55TH) (4) COMMUNITY DELEGATIONS (continued)

Item 3 Report dated June 16, 2009 was received from the General South Branch Library Manager of Community Development regarding South Branch Library.

G. Mazza, Director of Building Services/Chief Building Official, made an electronic presentation entitled Investigation of the South End Library. He outlined in detail the timelines of the South End Library including:

 Late 1988, early 1989 - building built;  1992 – building reinforced for City of Sudbury Library;  May 2002 – Hallsall Condition Survey for City of Greater Sudbury purchase;  Late 2005 to January 2007 – Rock Tunnel Ramp 4 Corners significant work in vicinity of library;  October 2006 – J.L. Richards & Associates Limited investigates complaints from staff;  July 18, 2008 – Catchbasin collapse during unusually wet summer;  January 22, 2009 – initial meeting with consultants, Chief Building Official and Director of Citizen Services;  March 6, 2009 – Order to Remedy Unsafe Condition.

He explained the “Perfect Storm” of circumstances including that the original building was built over underlying blast rock fill with significant voids, the deteriorating 2-foot diameter corrugated storm culvert parallel to the building, the washing away of finer engineered fill and that the consolidation of the foundation created by the washing out of material may have been exacerbated by vibration activity of rock tunnel. He concluded by stating that repairs would be extremely costly based on a number of factors and the consultants’ recommendation is to demolish and rebuild.

R. Henderson, Director of Citizen Services, made an electronic presentation regarding the South Branch Library. He stated that the Order to Close was issued on March 6, 2009 as the building was deemed structurally unsafe due to fifteen inches of settlement in the northwest corner. He indicated that the library serviced 24,000 residents with a circulation of 200,000 items per year. He advised of the evaluation criteria for the new library which includes proximity to the Four Corners, site size and configuration, accessibility, visibility and ownership. The site selection process included fifteen options and the Library Board recommended building a new library on the existing site. He outlined the highlights of rebuilding and items considered to rebuild on the existing site. He stated that the projected cost of the new library is

C.C. 2009-07-08 (55TH) (5) COMMUNITY DELEGATIONS (continued)

Item 3 $4,818,000 and provided the financial plan and the funding South Branch Library sources for debt repayment. He concluded by stating that the (continued) time frame for the construction of the new library is eighteen months.

The following motion was presented:

2009-269 Callaghan-Caldarelli: THAT a new South Branch Library be built on the existing site with associated costs and financing outlined in the report from the General Manager of Community Development dated June 16, 2009 be approved.

RECORDED VOTE:

YEAS NAYS Cimino Barbeau Berthiaume Dutrisac Dupuis Thompson Callaghan Craig Caldarelli Mayor Rodriguez CARRIED

Change of Chair At 3:54 p.m., His Worship Mayor John Rodriguez vacated the chair.

DEPUTY MAYOR RON DUPUIS, IN THE CHAIR

Item 4 Report dated June 9, 2009 (from the City Council Agenda of June Levack Water Supply 24, 2009) from the General Manager of Infrastructure Services Project Update was distributed to Council Members at the meeting.

B. Johns, Water/Wastewater Facilities Engineer, made an electronic presentation regarding the Levack Water Supply Project Update. He stated the estimated cost of the project is $18,500,000. He indicated the operational responsibility will be transferred to the City of Greater Sudbury on November 30, 2009. He explained in detail the four watermain contracts and two facility contracts included in this project. He concluded by stating the project is on schedule, on budget and the next update to Council will be in late September or early October. This presentation was being made subsequent to a report to City Council on June 24, 2009.

C.C. 2009-07-08 (55TH) (6) COMMUNITY DELEGATIONS (continued)

Change of Chair At 4:02 p.m., Deputy Mayor Ron Dupuis vacated the chair.

HIS WORSHIP MAYOR JOHN RODRIGUEZ, IN THE CHAIR

Item 5 R. Falcioni, Director of Roads & Transportation, and D. Shelsted, Infrastructure Stimulus Roads Engineer, made an electronic presentation entitled Road Fund Projects Construction 2009/2010. Construction Schedule The Director of Roads & Transportation stated that the presentation includes construction timelines, communication strategies and work plan. He indicated the construction timelines comprise of two major components: Infrastructure Stimulus Fund for Paris Street/Notre Dame Avenue, Lasalle Boulevard and Falconbridge Highway and 2009/2010 Roads Capital Budget for Paris Street, Regent Street and Kathleen Street.

The Roads Engineer explained the maps of the projected road construction for the years 2009 and 2010 for each project. He stated that the communication strategies include weekly traffic reports and radio advertisements. A working group has been established including Construction Services, EMS/Fire Services/ Police Services, Operations, Development Services, Utilities, Communication and Transit. He concluded by outlining the Work Plan which includes rescheduling non-priority work, regularly reviewing construction traffic congestion and reporting regularly to Council.

The following motion was presented:

2009-270 Cimino-Callaghan: THAT the Infrastructure Stimulus Fund Projects Construction Schedule as presented by the Infrastructure Services Department be accepted. CARRIED

MATTERS ARISING FROM THE “CLOSED SESSION”

Rise and Report Deputy Mayor Dupuis, as Chair of the Closed Session, reported Council met to deal with one Acquisition or Disposition of Land Matter regarding Valley East Industrial Park and one Personal Matter regarding Negotiations with an Identifiable Individual in accordance with the Municipal Act, 2001, s.239(2) and no resolutions emanated therefrom.

C.C. 2009-07-08 (55TH) (7) MATTERS ARISING FROM THE PLANNING COMMITTEE – July 7, 2009

Approval of Planning 2009-271 Caldarelli-Cimino: THAT Planning Recommendation Committee 2009-144 to and including Planning Recommendation 2009-150, Recommendations passed by the Planning Committee on July 7, 2009, be adopted.

CARRIED

The following are the Planning Committee recommendations:

Notice of Vesting and 2009-272 Berthiaume-Dutrisac: THAT Council for the City of Sale, Regional Road 55, Greater Sudbury authorize the vesting, declaring surplus and sale Whitefish of 5004 Regional Road 55, Whitefish, legally described as Parcels 28216 to 28227, being Lots 10 to 15, Lots 21 to 26, Plan M-3, Lot 1, Concession 1, Denison Township, City of Greater Sudbury, being Roll No. 53.07.120.002.03000;

THAT staff dispense with the procedures governing the disposal of land as set out in property By-law #2008-174;

THAT a By-law be passed authorizing the execution of the documents required to complete the vesting and real estate transaction;

AND THAT the net proceeds of the sale be applied to the tax roll and the balance of the outstanding taxes and penalty be written off as uncollectible. CARRIED

Melvin & Brigitte Legault 2009-273 Cimino-Berthiaume: THAT the application by Melvin & 155 Riverside Drive, Brigitte Legault to amend By-law 83-300 being the Dowling Comprehensive Zoning By-law for the (former) Towns of Valley East and Onaping Falls by changing the zoning classification of lands described as Parcel 18036 S.W.S., Lot 190, Plan M-469 in Lot 4, Concession 4, Township of Dowling from "R1", Single Residential to "R2-Special", Double Residential Special be approved subject to the following condition:

a) That the only permitted uses shall be a single detached dwelling or a duplex dwelling, and related accessory uses. CARRIED

Vale Inco Limited 2009-274 Cimino-Berthiaume: THAT the application by Vale Inco 7 & 8 Old Creighton Limited to extend a temporary use by-law in order to permit a Road, Lively contractor's business comprised of the storage, servicing and operation of boom trucks and cranes and accessory office uses related thereto on lands described as Parcel 9286 S.W.S., in Lot

C.C. 2009-07-08 (55TH) (8) MATTERS ARISING FROM THE PLANNING COMMITTEE – July 7, 2009 (continued)

Vale Inco Limited 6, Concession 6, Township of Waters for a maximum period of 7 & 8 Old Creighton three (3) years be approved subject to the following condition: Road, Lively (continued) a. That minimum building and/or contractor's business operation(s) setbacks from a lot line for a temporary use shall be maintained as follows:

i) 30 metres from the west lot line;

ii) 10 metres from any other lot line. CARRIED

Joe Reid 2009-275 Berthiaume-Cimino: THAT the application by Joe Reid 2500 Southview Drive, to amend By-law 95-500 being the Comprehensive Zoning By-law Sudbury for the (former) City of Sudbury by changing the zoning classification of lands described as Parcel 43236 SES, Part 1, Plan 53R-6929, Lot 10, Concession 1, Township of McKim from "RU", Rural to "RU-S", Rural Special, be approved subject to the following:

1. The applicant provide Development Services with a survey to enable the preparation of the amending by-law;

2. The amending by-law specify that on the lands described as the greenhouse lands that no accessory dwelling unit will be permitted; and

3. That the amending by-law specify that a minimum lot frontage of 45 metres shall be required for the proposed lot. CARRIED

1401263 Iron Worker’s 2009-276 Cimino-Berthiaume: THAT the application by 1401263 Local 786, 260 Alder Iron Worker’s Local 786 with respect to lands described as Lot 14, Street, Sudbury Plan 3S, Lot 6, Concession 3, Township of McKim in order to permit a dwelling unit as a temporary use for a period of three years be approved. CARRIED

Nova Steel Systems 2009-277 Dutrisac-Cimino: THAT the application by Nova Steel Sudbury Inc., 1523 Systems Sudbury Inc. to amend the City of Greater Sudbury Radar Road, Hanmer Official Plan with respect to lands described as PIN 73509-0110, Parcel 36115 'A' S.E.S., in Lot 6, Concession 1, Township of Capreol in order to permit a siding business with open (outside) storage in the Rural Area designation, be denied. CARRIED

C.C. 2009-07-08 (55TH) (9) MATTERS ARISING FROM THE PLANNING COMMITTEE – July 7, 2009 (continued)

Nova Steel Systems 2009-278 Cimino-Dutrisac: THAT the application by Nova Steel Sudbury Inc., 1523 Systems Sudbury Inc. to amend By-law 83-300 being the Radar Road, Hanmer Comprehensive Zoning By-law for the (former) Towns of Valley (continued) East and Onaping Falls by changing the zoning classification of lands described as PIN 73509-0110, Parcel 36115 'A' S.E.S., in Lot 6, Concession 1, Township of Capreol from "A", Agricultural to "M1", Mixed Light Industrial/Service Commercial, be denied. CARRIED

MATTERS ARISING FROM THE PRIORITIES COMMITTEE – July 8, 2009

Approval of Priorities 2009-279 Dupuis-Thompson: THAT Priorities Recommendation Committee 2009-24 to and including Priorities Recommendation 2009-28, Recommendations passed by the Priorities Committee on July 8, 2009 be adopted. CARRIED

The following are the Priorities Committee recommendations:

Regulation of Trees 2009-280 Cimino: THAT Council adopt the recommendations Within Municipal Road regarding regulation of trees within municipal road rights-of-way Rights-of-Way as outlined in the report from the General Manager of Infrastructure Services dated July 2, 2009;

AND THAT the necessary By-Law be prepared;

AND THAT a budget option be proposed for the 2010 Operating Budget to carry out necessary repairs that may be required to preserve the life of any tree. CARRIED

Investment Policy 2009-281 Dupuis: THAT the modifications to the City of Greater Sudbury's Investment Policy as outlined in the report from the Chief Financial Officer/Treasurer dated June 16, 2009 be approved;

AND THAT the necessary by-law be passed. CARRIED

Proposed Development Report dated July 8, 2009 from the Chief Financial Officer/ Charges By-law Treasurer regarding Development Charges was distributed to Council Members at the meeting.

2009-282 Rodriguez: THAT the following categories of institutions be exempt from the payment of Development Charges: places of worship, hospitals, colleges or universities. DEFEATED

C.C. 2009-07-08 (55TH) (10) MATTERS ARISING FROM THE PRIORITIES COMMITTEE – July 8, 2009 (continued)

Proposed Development 2009-283 Thompson: WHEREAS the Development Charges Act Charges By-law (hereinafter called “the Act”) enables the Council of a municipality (continued) to pass by-laws for the imposition of development charges against land within the municipality for increased capital costs required because of the need for municipal services arising from development in the area to which the by-law applies;

AND WHEREAS the Council has given notice in accordance with Section 12 of the Act of its development charges proposal and held a public meeting on June 15th, 2009;

AND WHEREAS the Council has heard all persons who applied to be heard in objection to, or in support of, the development charges proposal at such public meeting, and provided for written communications to be made;

AND WHEREAS the Council has given said communications due consideration, has made any necessary revisions to the City of Greater Sudbury Development Charges Background Study as a result of those communications;

NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury approve the Development Charges Background Study of the City of Greater Sudbury, dated May 2009, prepared by Hemson Consulting Ltd.;

AND THAT the necessary by-law be passed. CARRIED

2009-284 Callaghan: THAT the proposed Development Charges By-law be amended to include the transitional provision to allow for complete building permit applications received prior to July 9, 2009 to pay rates under By-law 2004-200F. CARRIED

Council directed Staff to include in the Development Charges By- law a provision that Development Charges rates for areas not serviced by municipal water and sewer remain at the existing rates until December 31, 2009.

C.C. 2009-07-08 (55TH) (11) CONSENT AGENDA

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

2009-285 Thompson-Callaghan: THAT Consent Agenda Items C- 1 to C-12 inclusive be adopted and Items C-13 to C-15 inclusive be received for information only. CARRIED

MINUTES

Item C-1 2009-286 Thompson-Caldarelli: THAT Report No. 54, City Council Report No. 54 Minutes of June 24, 2009 be adopted. City Council CARRIED June 24, 2009

Item C-2 2009-287 Cimino-Caldarelli: THAT Report No. 3, Hearing Report No. 3 Committee Minutes of June 22, 2009 be adopted. Hearing Committee CARRIED June 22, 2009

Item C-3 2009-288 Cimino-Callaghan: THAT Report No. 1, Noise By-law Report No. 1 Ad Hoc Committee Minutes of June 25, 2009 be adopted. Noise By-law Ad-Hoc CARRIED Committee, June 25, 2009

Item C-4 2009-289 Barbeau-Dupuis: THAT Report No. 23, Sudbury Metro Report No. 23 Centre Minutes of May 4, 2009 be received. SMC CARRIED May 4, 2009

Item C-5 2009-290 Dupuis-Barbeau: THAT the Sudbury & District Board of SDBH Health Minutes of June 18, 2009 be received. June 18, 2009 CARRIED

Item C-6 2009-291 Dupuis-Barbeau: THAT the Tender Opening Committee TOC (11:00 a.m.) Minutes of (11:00 a.m.) June 23, 2009 be received. June 23, 2009 CARRIED

Item C-7 2009-292 Cimino-Caldarelli: THAT the Tender Opening TOC (2:30 p.m.) Committee Minutes of (2:30 p.m.) June 23, 2009 be received. June 23, 2009 CARRIED

C.C. 2009-07-08 (55TH) (12) TENDERS

Item C-8 Report dated May 15, 2009 was received from the General Tender Award for HVAC Manager of Infrastructure Services regarding Tender Award for Replacement at the HVAC Replacement at the Centre Lionel E. Lalonde Centre, Centre Lionel E. Lalonde Contract ISD09-36. Centre, Contract ISD09-36 2009-293 Berthiaume-Barbeau: THAT Contract ISD09-36 for HVAC Replacement at the Centre Lionel E. Lalonde Centre be awarded to Metal-Air Mechanical Systems Ltd. in the amount of $210,000.00, plus GST, this being the lowest tender meeting all requirements. CARRIED

Item C-9 Report dated June 30, 2009 was received from the General Tender Award for Manager of Infrastructure Services regarding Tender Award for Contract ISD09-22, Contract ISD09-22, Maley Drive Extension and Widening Project Maley Drive Extension Detailed Design and Contract Administration. and Widening Project Detailed Design and 2009-294: THAT the Detailed Design portion of the Maley Drive Contract Administration Extension and Widening project be awarded to AECOM Canada Ltd. in the amount of $3,963,694.35 (including GST), being the highest ranked proposal submission.

AND THAT the Contract Administration portion of the project be awarded to AECOM Canada Ltd. in the amount of $4,598,559.00 (including GST), subject to satisfactory performance of the design phase of the project, if funding for the construction is received and a financial plan is approved by Council. CARRIED

Item C-10 Report dated June 19, 2009 was received from the Fire Chief Tender Award for regarding Tender Award for Contract FES09-3 for the Purchase of Contract FES09-3 for the One Urban Rescue / Pumper. Purchase of One Urban Rescue / Pumper 2009-295 Barbeau-Berthiaume: THAT Request for Proposal - Contract FES09-3 for the Purchase of One Urban Rescue / Pumper for the Fire Services Division in the amount of $555,659.00 (excluding GST) be awarded to Fort Garry Fire Trucks Ltd. CARRIED

Item C-11 Report dated June 25, 2009 was received from the General RFP Award for Re- Manager of Community Development regarding RFP Award for development of Grace Re-development of Grace Hartman Amphitheatre. Hartman Amphitheatre 2009-296 Caldarelli-Cimino: THAT Council approve the allocation of $23,744.00 for Phase I Conceptual Design for the re-

C.C. 2009-07-08 (55TH) (13) TENDERS (continued)

Item C-11 development of Grace Hartman Amphitheatre, and $327,618.10 RFP Award for Re- for Phase II Detailed Design & Construction Contract development of Grace Administration of this project from the identified Infrastructure Hartman Amphitheatre Stimulus funds; (continued) AND THAT the RFP for the re-development of the Grace Hartman Amphitheatre be awarded to the firm Castellan, James & Partners Architects Inc. CARRIED

ROUTINE MANAGEMENT REPORTS

Item C-12 Report dated June 30, 2009 was received from the General Noble Street Emergency Manager of Infrastructure Services regarding Noble Street Watermain Replacement Emergency Watermain Replacement.

2009-297 Cimino-Dutrisac: THAT the funding from the currently budgeted Caron Street Watermain Replacement project be transferred to the Noble Street “Emergency” Watermain Replacement project;

AND THAT the 2010 Water / Wastewater capital budget submissions will be amended to include proposed funding for the Caron Street Watermain Replacement project, in accordance with detailed cost estimates;

AND THAT the Noble Street “Emergency” Watermain Replacement project will be completed as a Change Order under an existing Watermain Replacement project, currently underway In accordance with the report from the General Manager of Infrastructure Services dated June 30, 2009. CARRIED

CORRESPONDENCE FOR INFORMATION ONLY

Item C-13 Report dated May 20, 2009 was received from the Chief Financial 2009 Operating Budget Officer/Treasurer regarding 2009 Operating Budget Variance Variance Report - April Report - April for information only.

Item C-14 Report dated June 26, 2009 was received from the Executive Employee Feedback Director, Administrative Services regarding Employee Feedback Survey – Update Survey – Update for information only.

Item C-15 Report dated June 12, 2009 was received from the General 2009 Northern Ontario Manager of Community Development regarding 2009 Northern Career Exhibition Ontario Career Exhibition for information only.

C.C. 2009-07-08 (55TH) (14) Change of Chair At 4:47 p.m., His Worship Mayor John Rodriguez vacated the chair.

DEPUTY MAYOR RON DUPUIS, IN THE CHAIR

Change of Chair At 4:54 p.m., Deputy Mayor Ron Dupuis vacated the chair.

HIS WORSHIP MAYOR JOHN RODRIGUEZ, IN THE CHAIR

REGULAR AGENDA

MANAGERS’ REPORTS

Item R-1 Report dated June 26, 2009 was received from the Executive Continuity of Decision Director, Administrative Services regarding Continuity of Decision Making and the Making and the Procedure By-law. Procedure By-law Council directed Staff to include provisions for the establishment of an Emergency Governance Committee in the new Procedure By-law which will be presented in August.

Item R-2 Report dated June 24, 2009 was received from the General Onaping Falls Manager of Community Development regarding Onaping Falls Community Centre Community Centre Capital Upgrades. Capital Upgrades The following motion was presented:

2009-298 Berthiaume-Barbeau: THAT Council support the capital request for upgrades to the Onaping Falls Community Centre at a cost of $205,000;

AND THAT the capital funds be allocated from the 2010 Community Development's Assets Capital Envelope;

AND THAT the projects be implemented in 2009. CARRIED

BY-LAWS

THE FOLLOWING BY-LAWS APPEARED FOR THREE READINGS:

2009-167 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING OF JULY 8TH, 2009

2009-168 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE VESTING INTO THE CITY’S NAME AND SALE OF 5004 REGIONAL ROAD 55, WHITEFISH TO SECURE

C.C. 2009-07-08 (55TH) (15) BY-LAWS (continued)

2009-168 STORE SUDBURY INC. AND TO WRITEOFF A PORTION OF (continued) THE OUTSTANDING TAXES

Planning Committee Agenda of July 7, 2009

2009-169 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE A TAX EXTENSION AGREEMENT WITH YVON DESJARDINS AND DONNA DESJARDINS FOR ROLL # 160.013.040.00.0000

Report dated June 18, 2009 was received from the Chief Financial Officer/Treasurer regarding Tax Extension Agreement with Yvon and Donna Desjardins for Roll #160.013.04000.0000.

(Yvon and Donna Desjardins have requested a Tax Extension Agreement with respect to the property located at 2112 Highway 144, Chelmsford in the City of Greater Sudbury. The subject property is in tax arrears and a lien was registered against the property on July 30th, 2008. Section 378(1) of the Municipal Act provides the authority for City Council to enter into a Tax Extension Agreement. The agreement is standard in nature and allows for an applicant to repay tax arrears over a specified period. If the terms of the agreement are breached in any way, the agreement becomes null and void and the property is placed in the position it was in prior to the establishment of the agreement.)

2009-170 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO REGULATE THE REMOVAL OF TOPSOIL, THE PLACING OR DUMPING OF FILL, AND THE ALTERATION OF GRADES OF LAND

Priorities Committee Recommendation #2009-22

2009-171 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO ADOPT AN INVESTMENT POLICY

Priorities Committee Agenda of July 8, 2009

2009-200F 3 A BY-LAW OF THE CITY OF GREATER SUDBURY WITH RESPECT TO DEVELOPMENT CHARGES

Priorities Committee Agenda of July 8, 2009

Three Readings 2009-299 Dutrisac-Thompson: THAT By-law 2009-167 to and including By-law 2009-171 and By-law 2009-200F be read three times and passed. CARRIED

C.C. 2009-07-08 (55TH) (16) ADDENDUM

Addendum to Agenda 2009-300 Barbeau-Berthiaume: THAT the Addendum to the Agenda be dealt with at this time. CARRIED

Declarations of None declared. Pecuniary Interest

THE FOLLOWING BY-LAWS APPEARED FOR THREE READINGS:

2009-172 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE A FUNDING AGREEMENT BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AND THE CITY OF GREATER SUDBURY

(This Agreement sets out the terms of funding provided by Her Majesty the Queen in right of Ontario as represented by the Minister of the Environment under the 2008-09 Ontario Drinking Water Stewardship Program-Special Projects.)

2009-173 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE A LEASE EXTENSION AGREEMENT WITH THE CENTRE COMMUNAUTAIRE RESIDENTIEL DE CONISTON FOR THE OFFICE SPACE AT 44 FIRST AVENUE, CONISTON

City Council Resolution #2009-207

2009-174Z 3 A BY-LAW OF THE CITY OF GREATER SUDBURY TO AMEND BY-LAW 83-300, THE COMPREHENSIVE ZONING BY-LAW FOR THE FORMER TOWNS OF VALLEY EAST AND ONAPING FALLS

Planning Committee Recommendation #2009-145

(This by-law rezones the subject property to “R2.D36-6”, Double Residential Special in order to permit a second dwelling unit in an existing single detached dwelling – Melvin and Brigitte Legault, 155 Riverside Drive, Dowling)

Three Readings 2009-301 Barbeau-Berthiaume: THAT By-law 2009-172 to and including By-law 2009-174Z be read three times and passed. CARRIED

C.C. 2009-07-08 (55TH) (17) CIVIC PETITIONS

Vermilion River Road Councillor Barbeau submitted a petition to the City Clerk signed by approximately 400 citizens which will be forwarded to the City Solicitor. The petition is requesting that Vermilion River Road be open to the public to access Crown Land and Vermilion River.

QUESTION PERIOD

Hydro Towers along Councillor Craig stated that Hydro One replaced hydro poles Highway 17 East along the Highway 17 East corridor. He advised that the old Corridor towers are still there including one across from the Welcome Sign and one across from the Tourism Kiosk. He asked that Hydro One be contacted requesting that they provide a timeline as to when the old towers will be removed.

Transit Service to Councillor Craig stated that transit service on Sundays to the Southridge Mall Southridge Mall does not include going into the Mall property making access to the Mall difficult especially for senior citizens. He asked what can to be done to provide this service.

Onaping Library Councillor Berthiaume indicated that when the Onaping Library was located in Levack it was known as the Earle Jarvis Library. The Onaping Library is now in Onaping and he asked if a sign indicating it is the Earle Jarvis Library be placed on the building.

Bear Problems Councillor Berthiaume requested that Don Mark from the Ministry of Natural Resources be asked to a City Council meeting to discuss the bear problem. He also asked whether garbage pick- up times could be changed to a later time so that citizens do not have to place their garbage on the curb side the night before pick- up.

Impaired Driving Councillor Dupuis asked if there were any plans to educate people Problems on the problem of drinking and driving.

Police Chief Elsner advised that the issue of impaired driving has to be looked at as, by the time Police Services is involved, it is usually too late. The message ‘think before you drink because if you drink you cannot think’ has to be spread. He advised they are calling on all community partners to spread the message. He also advised spot checks have started, almost on a daily basis, throughout the day and throughout the week. He indicated they have a committee to look at the issues and obtain feedback.

Green Bins Mayor Rodriguez asked for assurance that the City of Greater Sudbury would not have the same problems as Toronto with respect to the Green Cart Program which has recently been implemented.

C.C. 2009-07-08 (55TH) (18) QUESTION PERIOD (continued)

Green Bins (continued) The General Manager of Infrastructure Services advised that the City of Greater Sudbury is not accepting the products that are causing problems in Toronto. The City of Greater Sudbury went through a pilot project prior to implementing the Green Cart Program throughout the City.

Parking Areas for Councillor Cimino stated that the Downtown Master Plan is being Alternate Modes of worked on and asked who the public could call to make Transportation suggestions regarding parking areas for scooters, electric bikes, Vespas, etc. to promote alternate modes of transportation.

The Acting General Manager of Growth & Development/Planning Director stated that the public can call Planning Services. He also advised that they are undertaking a parking study and are working in partnership on the Downtown Master Plan.

Beatty Street Water Councillor Cimino asked when it would be determined whether or Tower not the Beatty Street Water Tower is a heritage site. He also asked if funds are still set aside to remove the tower if it is not designated a heritage site.

Councillor Dutrisac stated the matter is now before the Municipal Heritage Committee to determine what will be done with the tower.

The General Manager of Infrastructure Services advised that the funds are still set aside in the capital budget to remove the tower. If the decision is made that it is not a heritage site, the tower will be removed and a plaque placed at the site.

Turning Lanes Councillor Barbeau asked what the timeline is when a traffic study identifies that a turning lane is needed as he has a couple in his Ward that were identified two or three years ago. He also asked if the City is liable if it is determined that a turning lane is needed but not constructed.

The General Manager of Infrastructure Services stated that, if a turning lane is warranted, it is included as part of the work when the road is ungraded. If it is a significant issue, it is added to the budget as a capital stand alone project. He advised that he will check with the Traffic Division to see when the proposed turning lanes in the Councillor’s Ward are scheduled to be constructed.

The City Solicitor stated that the City is liable for all roads with respect to things done or not done. Ultimately, the Courts will have to decide.

C.C. 2009-07-08 (55TH) (19) NOTICES OF MOTION

Vale Inco The following Notice of Motion was presented by Councillor Callaghan:

WHEREAS Vale Inco is a large, important and significant employer in the City of Greater Sudbury;

AND WHEREAS the process of change driven by new ownership and accelerated by the collapse of global commodity prices has created a general concern and unease within the community;

AND WHEREAS there have been significant changes in Vale Inco’s local management structure with no real explanation on how it might impact our community;

AND WHEREAS there is a real sense in the community that no level of senior government is responding or requesting meaningful information on Vale Inco’s short and long-term plans;

AND WHEREAS the historic presence of two large mining companies in the community has facilitated the creation of over 300 companies in the mining supply and mining service sector;

AND WHEREAS there is community concern that with the significant changes evolving in corporate structures leading to future procurement decisions being made at head offices located in Toronto or possibly even in Brazil to the detriment of Sudbury companies;

AND WHEREAS the relocation of human resource and finance personnel creates concerns that there appears to be a complete dismantling of Vale Inco’s Ontario division;

AND WHEREAS Vale Inco as a wholly owned subsidiary of Vale removes the requirement of separate shareholder meetings;

AND WHEREAS, in the past, senior management of Vale Inco provided ongoing updates to previous Councils and the community on current operations and future plans;

THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury invite the President and CEO of Vale Inco, Mr. Tito Martins, to appear before Council to provide an overview on the emerging corporate structure at Vale Inco and explain in detail anticipated short and long term economic impacts for the City of Greater Sudbury.

C.C. 2009-07-08 (55TH) (20) Adjournment 2009-302 Dutrisac-Barbeau: THAT this meeting does now adjourn. Time: 5:30 p.m.

CARRIED

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

C.C. 2009-07-08 (55TH) (21)