THE EIGHTY-FIRST MEETING OF THE COUNCIL OF THE CITY OF GREATER SUDBURY 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; Brian Bigger, 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 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). 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 JOHN RODRIGUEZ, 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