Agenda
City Council


City Council Meeting
Tuesday, October 29, 2013
Tom Davies Square

4:00p.m. CLOSEDSESSION, COMMITTEE ROOM C-11
6:00 p.m. OPEN SESSION, COUNCIL CHAMBER

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ROLL CALL

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

Resolution to move to Closed Session to deal with two Solicitor-Client Privilege / Litigation or Potential Litigation Matters regarding Legal Opinions and two Labour Relations / Employee Negotiations Matters regarding Collective Bargaining allin accordance with the Municipal Act, 2001, S.239(2).
(RESOLUTION PREPARED)

RECESS

MOMENT OF SILENT REFLECTION

ROLL CALL

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

COMMUNITY DELEGATIONS

1. CN Rail
(ELECTRONIC PRESENTATION) (FOR INFORMATION ONLY)
(CN Rail was invited to address City Council by Mayor Matichuk.)

1.1 Invitation to Address City Council - CN (pdf)
1.2 Presentation - CN Rail (pdf)

PRESENTATIONS

2. Municipal Election E-363
(ELECTRONIC PRESENTATION) (FOR INFORMATION ONLY)
(This presentation provides a quick overview of Municipal Election 2014.)

2.1 Presentation - Municipal Election E-363 (pdf)

  • Caroline Hallsworth, Executive Director, Administrative Services/City Clerk

MATTERS ARISING FROM THE CLOSED SESSION

At this point in the meeting, Deputy Mayor Landry-Altmann will rise and report any matters discussed during the Closed Session. Council will then consider any resolutions emanating from the Closed Session.

MATTERS ARISING FROM PLANNING COMMITTEE

OCTOBER 7, 2013



At this point in the meeting, Council will consider, by way of one resolution, recommendations PL2013-152 to PL2013-158 and PL2013-160 TO PL2013-164 adopted by the Planning Committee. Any questions regarding the recommendations should be directed to Councillor Belli, Vice-Chair, Planning Committee.

(RESOLUTION PREPARED)
OCTOBER 28, 2013



At this point in the meeting, Council will consider, by way of one resolution, the recommendations adopted by the Planning Committee. Any questions regarding the recommendations should be directed to Councillor Belli, Vice-Chair, Planning Committee.

(RESOLUTION PREPARED)

MATTERS ARISING FROM HEARING COMMITTEE

OCTOBER 9, 2013



At this point in the meeting, Council will consider, by way of one resolution, recommendations HC2013-08 and HC2013-09 adopted by the Hearing Committee. Any questions regarding the recommendations should be directed to Councillor Rivest, Chair, Hearing Committee.

(RESOLUTION PREPARED)

Consent Agenda

(RESOLUTION PREPARED adopting, approving or receiving Items C-1 to C-6 contained in the Consent Agenda.)

(For the purpose of convenience and for expediting meetings, matters of business of repetitive or routine nature are included in the Consent Agenda, and all such matters of business contained in the Consent Agenda are voted on collectively. A particular matter of business may be singled out from the Consent Agenda for debate or for a separate vote upon the request of any Councillor. In the case of a separate vote, the excluded matter of business is severed from the Consent Agenda, and only the remaining matters of business contained in the Consent Agenda are voted on collectively. Each and every matter of business contained in the Consent Agenda is recorded separately in the minutes of the meeting.)

MINUTES

C-1. 1.1 City Countil Minutes of October 8, 2013 (pdf)

City Council Minutes of October 8, 2013.
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-2. 2.1 Planning Committee Minutes of October 7, 2013 (pdf)

Planning Committee Minutes of October 7, 2013.
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-3. 3.1 Hearing Committee Minutes of October 9, 2013 (pdf)

Hearing Committee Minutes of October 9, 2013.
(RESOLUTION PREPARED - MINUTES ADOPTED)

ROUTINE MANAGEMENT REPORTS

C-4. Report dated October 16, 2013 from the Executive Director, Administrative Services/City Clerk regarding Request for Noise By-law Exemption - Regent Street/Bourchard Street/Southview Drive Road and Watermain Improvements.

(RESOLUTION PREPARED)
(The Water/Wastewater Engineer is requesting an exemption to the City of Greater Sudbury's Noise By-law in order to complete road and watermain improvements at Regent/Bourchard/Southview, overnight for a period of one month.)

4.1 Full Report (pdf)
C-5. Report dated October 15, 2013 from the Chief Financial Officer/City Treasurer regarding Healthy Community Initiative Fund Requests for Approval.

(RESOLUTION PREPARED)
Refer to By-law 2013-254

(In accordance with Section 6.1.1 of the Council Expense and Healthy Community Initiative Fund Policy, Council approval is being sought for a grant and donation to a community group for Ward 1.)

5.1 Full Report (pdf)

CORRESPONDENCE FOR INFORMATION ONLY

C-6. Report dated October 11, 2013 from the Executive Director, Administrative Services/City Clerk regarding Use of Municipal Resources During an Election Campaign.

(FOR INFORMATION ONLY)
(The Municipal Elections Act contains specific language which prohibits a municipality from making a contribution to a candidate and which forbids the use of municipal resources, by candidates, during any municipal election campaign. These provisions are in place to ensure that all those who run for office have fair and equitable treatment during an election campaign. The guidelines described in this report should also be applied in the context of any participation in federal and provincial elections that is partisan in nature.)

6.1 Full Report (pdf)
6.2 Schedule E of By-law 2011-247F (pdf)
6.3 Section 8 of By-law 2012-258 (pdf)

Regular Agenda

MANAGERS' REPORTS

R-1. Report dated October 23, 2013 from the General Manager of Infrastructure Services regarding Small, Rural and Northern Municipal Infrastructure Fund - Capital Program.

(RESOLUTION PREPARED)
(The report outlines the Small, Rural and Northern Municipal Infrastructure Fund - Capital Program and provides Council with project options from which to choose.)

1.1 Full Report (pdf)
1.2 Appendix 1 CGS Bylaw 2012-255 (pdf)
1.3 Appendix 2 Expression of Interest (pdf)
1.4 Appendix 3 North Bay Resolution (pdf)

BY-LAWS

The following By-Laws will be read and passed:

2013-250

A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE VARIOUS TAX EXTENSION AGREEMENTS

(This by-law authorizes the City’s Chief Financial Officer/City Treasurer to sign tax extension agreements where appropriate, for properties on which tax arrears certificates have been registered for 2013/2014 taxation years. The property owner has one year from the date of registration of the tax arrears certificate to apply and be approved to enter a tax extension agreement which sets out a payment plan for the arrears and penalties.)

Report dated October 2, 2013 from the Chief Financial Officer/City Treasurer regarding 2013 Tax Extension Agreements.

1 Full Report (pdf)
2 By-Law Schedule A (pdf)

2013-249

A BY-LAW OF THE CITY OF GREATER SUDBURY TO CONFIRM THE PROCEEDINGS OF COUNCIL AT ITS MEETING OF OCTOBER 29TH, 2013

2013-251

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

(This By-law reflects recent staffing changes.)

2013-252

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

(This updates the list of Parking Control Officers to enforce parking restrictions on private property.)

2013-253

A BY-LAW OF THE CITY OF GREATER SUDBURY TO AUTHORIZE THE WRITE-OFF OF CERTAIN TAX ARREARS WITH RESPECT 1014 HIGHWAY 17 EAST AS UNCOLLECTIBLE

City Council Resolution CC2013-314

(This By-law authorizes the tax write-off pursuant to s.354 of the Municipal Act, 2001, previously approved by Council.)

2013-254

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

Refer to Item C-5

(This By-law authorizes a grant funded through Healthy Community Initiative Fund for Ward 1.)

2013-255P

A BY-LAW OF THE CITY OF GREATER SUDBURY TO ADOPT PLAN AMENDMENT NO. 43 TO THE OFFICIAL PLAN FOR THE CITY OF GREATER SUDBURY

Planning Committee Recommendation #PL2013-155

(The proposed amendment is a site specific amendment to provide an exception to Section 8.5.1.1. of the City of Greater Sudbury Official Plan in order to permit a more intensive usebwhere on-site subsurface sewage disposal tile beds are closer than 300 metres from the shoreline or a watercourse flowing into McFarlane Lake which is considered to be at capacity - 979253 Ontario Inc., 1727 Pioneer Road, Sudbury)

2013-256Z

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

Planning Committee Recommendation #PL2012-213

(This by-law rezones the subject property from "C2", General Commercial to "RU(77)", Rural in order to permit a contractor’s yard - Nolcar Corporation, 7275 & 7289 Estaire Road, Sudbury)

2013-257Z

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

Planning Committee Recommendation #PL2012-250

(This by-law rezones the subject lands to "R3(41)", Medium Density Residential Special in order to allow for the development of 19 row townhouse dwellings - Dalron Construction Ltd., Mallard’s Landing Drive, Sudbury)

2013-258Z

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

Planning Committee Recommendation #PL2013-160

(This by-law rezones the subject property from "H3RU", Hold-Rural to "RU", Rural in order to permit a the construction of a new single family dwelling with an attached garage - Andre Matte, 1563 Theriault Street, Hanmer)

2013-259Z

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 #PL2013-156

(This by-law rezones the subject property from "M1(20)", Mixed Light Industrial/Service Commercial Special to a revised "M1(20)", Mixed Light Industrial/Service Commercial Special to permit the replacement of the existing transportation terminal building with a new transportation terminal - 979253 Ontario Inc., 1727 Pioneer Road, Sudbury)

2013-260

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

(This By-law authorizes the General Manager of Growth and Development to sign Agreements with participating Veterinarians for the City’s spay and neuter program.)

MOTIONS

R-2. Canadian Radiocommunications Information and Notification Service / Service d'Information et de notification en radiocommunication canadiennes (CRINS-SINRC)
As presented by Councillor Kett:

WHEREAS individual municipalities across Canada have to face the resources of the telecommunications industry when it comes to the application process to install cell towers in their communities;

AND WHEREAS this is a time consuming task for our planning staff;

AND WHEREAS the Canadian Radiocommunications Information and Notification Service / Service d'Information et de notification en radiocommunication canadiennes (CRINS-SINRC) is a not-for-profit service bureau owned and operated on behalf of 150 member municipalities with the mandate to inform the public on matters pertaining to radiocommunications towers (such as cellular towers, amateur radio sites, broadcasting facilities, etc.), manage the public consultation process, and assist municipalities in evaluating proposed tower applications;

AND WHEREAS CRINS-SINRC membership is at no cost to municipalities, but instead it charges an application fee to proponents to recover CRINS-SINRC costs as well as to ensure that the costs incurred by municipalities associated with proposals are reimbursed;

THEREFORE BE IT RESOLVED THAT staff be directed to bring a report on the advisability of joining this national organization.

R-3. Next Generation 911
As presented by Councillor Kett:

WHEREAS 911 systems have been in operation since 1968 and the Greater Sudbury Police Service is the Public Safety Answering Point (PSAP) centre that processes 911 calls;

AND WHEREAS the PSAP uses some analog equipment capable of receiving voice only messaging;

AND WHEREAS wireless communication devices used to transmit text information, photographs and videos are part of everyday communications;

AND WHEREAS the Canadian Radio-television and Telecommunications Commission (CRTC) has determined that Text Messaging with 911 service would improve access to 911 for hearing- or speech-impaired persons;

AND WHEREAS the CRTC has directed the wireless carriers to make the changes in their networks, systems and processes required to support the provision of Text Messaging with 911 service and the development of a service communications plan and education program for hearing or speech-impaired persons;

AND WHEREAS current PSAPs cannot receive text messages, videos or photos nor can they accurately pinpoint the In Call Location Update of calls made on a mobile device;

AND WHEREAS 911 is currently upgrading to the Next Generation 911 (NG911) which will transform an outdated system into an IP data based network that is faster and safer for law enforcement and the public including better access for special needs communities;

AND WHEREAS NG911 will provide emergency responders with better information about crime scenes and accidents before responders arrive on the scene with this information becoming a key part of the evidentiary chain for police forces across Ontario;

AND WHEREAS there are benefits from the changes associated with NG911, there are anticipated impacts on budgets, staffing, training, technology assets, software interfaces, video assets and risk management implications;

AND WHEREAS while there will be noted benefits from NG911, the cost of improving and expanding the 911 service will become a burden to police services across Ontario who serve as the PSAP and thus to the property taxpayer;

AND WHEREAS telephone and mobile data service providers have been receiving revenues from their phone customers through surcharges on telephone and wireless lines for 911 services;

THEREFORE BE IT RESOLVED THAT the City of Greater Sudbury work with the Association of Municipalities of Ontario (AMO) and other authorities to identify sources of revenue to fund the costs associated with transitioning to NG911 and maintaining these service delivery changes in the future.

R-4. Ring of Fire
As presented by Mayor Matichuk:

WHEREAS the Ring of Fire is the largest deposit of chromite in North America;

AND WHEREAS Federal Representatives have stated that the Ring of Fire represents a once-in-a-life opportunity to create jobs and generate growth and long-term prosperity for northern Ontario and the nation;

AND WHEREAS Provincial Representatives have called the region home to one of the most promising mineral development opportunities in Ontario in more than a century;

AND WHEREAS the Provincial Government established a Ring of Fire Secretariat to develop the chromite and other deposits in the Ring of Fire as quickly as possible;

AND WHEREAS the chromite project is expected to directly employ over 1200 people across northern Ontario, with over $3 billion in capital expenditures creating at least 2500 jobs during the construction phase;

AND WHEREAS the Ring of Fire project is facing significant obstacles;

THEREFORE BE IT RESOLVED THAT the Provincial Government be requested to make the Ring of Fire a priority and take immediate action to work with all parties to resolve outstanding issues, including the question of the proposed North-South transportation corridor;

AND THEREFORE BE IT FURTHER RESOLVED THAT this resolution be forwarded to Premier Kathleen Wynne, Minister of Northern Development and Mines, The Honourable Michael Gravelle, FONOM, NOLUM, Tim Hudak, Leader of the Official Opposition and Andrea Horwath, Leader of the NDP.

R-5. Retabling Motion Regarding Permanent Office of the Auditor General
As presented by Mayor Matichuk:

WHEREAS at the meeting of January 29, 2013, City Council debated a motion, entitled “Permanent Office of The Auditor General,” a motion designed to redraft and bring clarity to the bylaws that create and empower the Office of the Auditor General for the City of Greater Sudbury;

AND WHEREAS at that same Council meeting, motion was deferred pending the receipt of a report with options;

AND WHEREAS, on March 26, 2013, City Council approved Resolution CGS 2013-108 approving the hiring to the Shenandoah Group to produce a report on options;

AND WHEREAS, on May 28, Jim Key from the Shenandoah Group made a presentation entitled “Audit Services” to City Council;

NOW THEREFORE BE IT RESOLVED that City Council again consider the motion presented on January 29, 2013, entitled “Permanent Office of The Auditor General,” a motion designed to redraft and bring clarity to the bylaws that create and empower the Office of the Auditor General for the City of Greater Sudbury.

R-6. Permanent Office of the Auditor General
As presented by Mayor Matichuk:

WHEREAS the Council of the City of Greater Sudbury wishes to continue to demonstrate a high level of public accountability and continue to provide assurances to the public regarding the quality of stewardship over public funds and for the achievement of value for money and risk evaluation in municipal operations;

AND WHEREAS the Council of the City of Greater Sudbury passed By-Laws 2009-239 and 2009-281, by-laws to appoint Brian Bigger Auditor General and to establish the position and duties of the Auditor General for the City of Greater Sudbury;

THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury instruct staff to consolidate the contents of By-Laws 2009-239 and 2009-281 by creating a new by-law which defines the terms “Office of the Auditor General” and “Position of the Auditor General”;

THAT By-laws 2009-239 and 2009-281 then be repealed;

THAT the name of the resulting by-law indicate that its purpose is to establish the position and duties of the Auditor General for the City of Greater Sudbury;

THAT staff be further instructed to draft another by-law confirming the appointment of Brian Bigger as Auditor General for the City of Greater Sudbury;

AND THAT staff report back to City Council with options regarding minimum and maximum terms and conditions of employment for appointed Auditors General.

CONTINUATION OF CLOSED MEETING

 

MATTERS ARISING FROM CONTINUATION OF CLOSED SESSION

At this point in the meeting, Deputy Mayor Landry-Altmann will report any matters discussed during the continuation of the Closed Session. Council will then consider any resolutions.

Adjournment

 

CAROLINE HALLSWORTH, EXECUTIVE DIRECTOR, ADMINISTRATIVE SERVICES/CITY CLERK

FRANCA BORTOLUSSI, COUNCIL ASSISTANT

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