Regular Meeting of City Council

Minutes

Tuesday, August 13, 2024 at 6:30 P.m. - 10:30 P.m.

Council Chambers

City Hall - 200 McIntyre Street East, North Bay, ON

Members Present:

• Mayor Chirico, 
• Councillor Horsfield, 
• Councillor Inch, 
• Councillor Mallah, 
• Councillor King, 
• Councillor Lowery, 
• Councillor Bain, 
• Councillor Gardiner, 
• Councillor Vrebosch, 
• and Councillor Mitchell 

Members Absent:

• Councillor Mayne 

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1.

Declaration of Pecuniary Interest and the General Nature Thereof

1.1

Councillor Mallah - Motion - Private Water Testing as "it relates to my employer."

1.2

Councillor Vrebosch - Motion - Homelessness Crisis as "it is the core business of DNSSAB which is my employer."

2.

Public Presentations

2.1

John Wallace re: Development Charges

2.2

David Silveri and Renzo Silveri re: Development Charges

3.

Public Meeting Minutes

• Res. # 2024-222
  Moved by Councillor Vrebosch
  Seconded by Councillor Mitchell

  That the minutes for the public meetings held on: 

  - Wednesday, June 5, 2024; and
  - Tuesday, July 9, 2024 

  be adopted as presented.

  Carried

4.

Motion for Reconsideration

5.

Committee Reports

5.1

Condominium Conversion - SIREG Holdings (North) Inc. - 350 Oakwood Avenue

• Res. # 2024-223
  Moved by Councillor Mallah
  Seconded by Councillor King

  That Community Services Committee Report No. 2024-10 relating to:

  -  Condominium Conversion by Bernard Divona on behalf of SIREG Holdings (North) Inc. – 350 Oakwood Avenue

  be adopted as presented.

   

  Community Services Committee Report No. 2024-10

  August 13, 2024

  To The Council
  Of The Corporation
  Of The City Of North Bay

  Your Worship and Councillors:

  The Community Services Committee presents Report No. 2024-10 and recommends:

  That:

  1. the proposed condominium conversion (Plan of Condominium File No. 48CDM-22102) by Bernard Divona on behalf of SIREG Holdings (North) Inc. in the City of North Bay for lands described in Appendix A, as shown on Schedule “A”, attached to Report to Council CSBU 2023-58 be given Draft Approval subject to the conditions in Appendix B, attached to Report to Council CSBU 2023-58 from Peter Carello dated October 16, 2023; and,
     
     
  2. the proposed condominium conversion be conditional upon the Owner entering into a Condominium Agreement with the City of North Bay.

  All of which is respectfully submitted.                 

  
  Record of Vote (Upon the Request of Councillor Vrebosch)

  Yeas: Councillors Gardiner, King, Bain and Lowery

  Nays: Councillors Vrebosch, Horsfield, Inch, Mallah, Mitchell and Mayor Chirico                                                                                                           

  Lost

5.2

City of North Bay's Growth Community Improvement Plan - Housing Target Area Amendment

• Res. # 2024-224(a)
  Moved by Councillor Mallah
  Seconded by Councillor King

  Community Services Committee Report No. 2024-11

  August 13, 2024

  To The Council
  Of The Corporation
  Of The City Of North Bay

  
  Your Worship and Councillors:
  The Community Services Committee presents Report No. 2024-11 and recommends:
  That Council authorize an amendment to the Growth Community Improvement Plan as outlined in Appendix A to Report to Council 2024-041 from Beverley Hillier dated July 29, 2024.

  All of which is respectfully submitted.

   

  Carried
• Res. # 2024-224(b)
  Moved by Councillor Mitchell
  Seconded by Councillor Vrebosch

  That the Community Services Committee Report No. 2024-11 relating to:

  - City of North Bay's Growth Community Improvement Plan - Housing Target Area Amendment

  be amended to add to Section 5, Paragraph 3 "identifying 80% or less inclusive of utilities".

  Record of Vote (Upon the Request of Councillor Mitchell)

  Yeas: Councillors Mitchell, Vrebosch and Gardiner

  Nays: Councillors Lowery, Mallah, Bain, Inch, Horsfield, King and Mayor Chirico

  Lost

5.3

Zoning By-Law Amendment application by Tulloch Geomatics Inc., on behalf of Intrigo Holdings Limited - 0 Bunting Drive

• Res. # 2024-225
  Moved by Councillor Mallah
  Seconded by Councillor King

  Community Services Committee Report No. 2024-12

  August 13, 2024

  To The Council
  Of The Corporation
  Of The City Of North Bay

  
  Your Worship and Councillors:
  The Community Services Committee presents Report No. 2024-12 and recommends:

  That Council approve the proposed Zoning By-Law Amendment by Tulloch Geomatics Inc. on behalf of the property owner, Intrigo Holdings Limited, to rezone a portion of the property legally described in Appendix A and as shown on Schedule B to Report to Council CSBU 2024-040 from Peter Carello dated July 17, 2024 from a “Residential Second Density (R2)” and “Residential Third Density (R3)” to a “Residential Third Density Special (R3 Sp. 150)” zone.

  All of which is respectfully submitted.

  Carried

6.

Correspondence

6.1

Proposed Zoning By-Law Amendment and Draft Plan of Subdivision application by Tulloch Geomatics Inc. on behalf of BBC Holdings Corporation - Larocque Road (unaddressed)

• Res. # 2024-226
  Moved by Councillor Mallah
  Seconded by Councillor King

  That the proposed Zoning By-Law Amendment and Draft Plan of Subdivision by Tulloch Geomatics Inc. on behalf of BBC Holdings Corporation – Larocque Road (unaddressed) be received and referred to the Community Services Committee for a Public Meeting. 

  Carried

6.2

Proposed Zoning By-Law Amendment application by Tulloch Geomatics Inc., on behalf of 2525118 Ontario Limited - 2 Sunset Boulevard

• Res. # 2024-227
  Moved by Councillor Mallah
  Seconded by Councillor King

  That the proposed Zoning By-Law Amendment by Tulloch Geomatics Inc. on behalf of 2525118 Ontario Limited – 2 Sunset Boulevard be received and referred to the Community Services Committee for a Public Meeting.

  Carried

6.3

2023 Year End Variance

• Res. # 2024-228(a)
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That Council:

  1. authorize the Chief Financial Officer to complete the 2023 reserve transfers, as outlined in Appendix “A”, attached to Report to Council CORP 2024-50 dated August 1, 2024 from Laura Boissonneault; and
  2. receive and file the City of North Bay’s 2023 General Year-End Variance report as set out in Report to Council CORP 2024-50 dated August 1, 2024 from Laura Boissonneault.
         

  Record of Vote (Upon the Request of Councillor Lowery)

  Yeas: Councillors Mitchell, Mallah, Vrebosch, King, Gardiner, Horsfield, Bain and Mayor Chirico

  Nays: Councillors Lowery and Inch

  Carried
• Res. # 2024-228(b)
  Moved by Councillor Lowery
  Seconded by Councillor Inch

  That Report No. 2024-50 Re: 2023 General Year End Variance Report dated August 1, 2024 by Laura Boissonneault be referred to the General Government Committee.

  Record of Vote (Upon the Request of Councillor Lowery)

  Yeas: Councillors Lowery, Mallah, King, Gardiner and Inch

  Nays: Councillors Mitchell, Vrebosch, Bain, Horsfield and Mayor Chirico

  Lost

6.4

2023 Treasurer's Statement on Development Charges

• Res. # 2024-229
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That Council receive the 2023 Treasurer’s Statement on Development Charges, for information purposes, as attached to Report to Council CORP 2024-67 dated July 31, 2024 from Shannon Saucier and that a copy be submitted to the Minister of Municipal Affairs and Housing upon request.

  Carried

6.5

Capital Variance Report as at December 31, 2023

• Res. # 2024-230
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That Council:

  1. receive the Capital Variance Report as at December 31, 2023, Report to Council CORP 2024-62 dated July 25, 2024 from Sara Gage; and
  2. authorize the reserve transfers and budget adjustments as detailed in Report to Council CORP 2024-62 dated July 25, 2024, from Sara Gage inclusive of Appendix A and B.
  Carried

6.6

Development Charges By-Law - Extension to Expiry Date

• Res. # 2024-231
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That Council:

  1. authorize an amendment to By-Law 2019-72, being a By-Law to Establish Development Charges for The Corporation of the City of North Bay, as amended by By-Law 2022-36, to reflect an expiry date of October 10, 2029, unless it is extended by statute, regulation or By-Law, or repealed at an earlier date; and
  2. direct staff to complete a Background Study in accordance with the Development Charges Act, 1997, prior to the expiry of the City’s Development Charges By-Law being October 10, 2029.
  Carried

6.7

Summary of Open and Active Capital Projects as at December 31, 2023

• Res. # 2024-232
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That Council receive for information purposes, the Summary of Open and Active Projects as at December 31, 2023, as set out in Report to Council CORP 2024-63 dated July 25, 2024 from Sara Gage.

  Carried

6.8

Road Closure Application – Robarts Avenue

• Res. # 2024-233
  Moved by Councillor Mallah
  Seconded by Councillor King

  That:
  1.    Council approve the application by Apex Custom Kitchen Cabinets to acquire an unopened municipal road allowance, as shown on Schedule “A” attached to Report to Council CSBU 2024-39 dated August 1, 2024 from Peter Carello;

  2.    the sale of the unopened road allowance be subject to the granting of any required easements; and

  3.    Council authorize the Chief Administrative Officer to negotiate the sale of the subject road allowances at the appraised value and on such terms and conditions as are satisfactory to the Chief Administrative Officer and the City Solicitor.

  Carried

6.9

Request to Close an Unopened Road Allowance - Legault Street

• Res. # 2024-234
  Moved by Councillor Mallah
  Seconded by Councillor King

  That:
  1.    Council approve the application by Tulloch Geomatics Inc. on behalf of Plastruct Canada Inc. to acquire an unopened municipal road allowance, as shown on Schedule “B” attached to Report to Council CSBU 2024-42 dated July 31, 2024 from Beverley Hillier; and

  2.    the sale of the unopened road allowance be subject to the granting of any required easements; and

  3.    Council authorize the Chief Administrative Officer to negotiate this sale for the subject road allowances at the appraised value.

  Carried

6.10

Community and Recreation Centre Update

• Res. # 2024-235
  Moved by Councillor Mitchell
  Seconded by Councillor Horsfield

  That Council refer CAO Report 2024-006 to the Infrastructure and Operations Committee to allow City Staff and the Project Development Service Team to provide Council an update with respect to the progress of the Community and Recreation Centre Project Development Services for the Progressive Design Build of the North Bay Community and Recreation Centre.

  Carried

7.

By-Laws for Consideration

• Res. # 2024-236
  Moved by Councillor Mallah
  Seconded by Councillor King

  That the following by-laws be read a first and second time: 

  By-Law No. 2024-60, being a by-law to amend By-Law No. 2019-107 to amend the Growth Community Improvement Plan.

  By-Law No. 2024-61 to rezone certain lands on Bunting Drive (Intrigo Holdings Limited - 0 Bunting Drive). 

  Carried
• Res. # 2024-237
  Moved by Councillor Mallah
  Seconded by Councillor King

  That the following by-laws be read a third time and passed: 

  By-Law No. 2024-60, being a by-law to amend By-Law No. 2019-107 to amend the Growth Community Improvement Plan.

  By-Law No. 2024-61 to rezone certain lands on Bunting Drive (Intrigo Holdings Limited - 0 Bunting Drive). 

  Carried

8.

Motions

8.1

Jurisdiction of Ontario's Ombudsman

• Res. # 2024-238
  Moved by Councillor Vrebosch
  Seconded by Councillor Bain

  Whereas Council received the attached Motion from the City of Peterborough in relation to the Jurisdiction of Ontario’s Ombudsman.

  Therefore Be it Resolved that the Council of the City of North Bay endorses and supports the Motion made by the Council of the City of Peterborough.

  And Further be it Resolved that a copy of this motion be sent to the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, MPP Victor Fedeli, Association of Municipalities of Ontario, Federation of Northern Ontario Municipalities and the City of Peterborough.

   

  City of Peterborough

  500 George Street North, Peterborough, ON, K9H 3R9

  April 11, 2024

  Hon. Paul Calandra

  Minister of Municipal Affairs and Housing

  via Email:

  Re:     Jurisdiction of Ontario's Ombudsman

  The following resolution, adopted by City Council at their meeting on April 8, 2024, is forwarded for your information and necessary action.

  That Council approve the recommendations outlined in ReyRevert LSOCS24-005, dated April 2, 2024 of the Commissioner, Legislative Services, as follows:

  a) That the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, be requested to Introduce a Bill to amend the Ombudsman Act to require the Ontario Ombudsman to provide to each municipality, if requested by the municipality, sufficient particulars of each Investigation, matter or case respecting the municipality that is referred to in each of the Ombudsman's Annual Reports to permit the municipality to fully understand and address the subject matter of each such investigation, matter or case including:

  i)  a copy of each complaint, as applicable, redacted only to the extent of individuals' personal information contained therein;

  ii) the identities of the municipality's employees, officers and members of Council with whom the Ombudsman was consulting in respect of the investigation, matter or case; and

  iii) particulars of the outcome of the Investigation, matter or case including the Ombudsman's findings, conclusions and recommendations, if any.

  b) That the City Clerk forward Council's resolutions resulting from Council's approval of

  these recommendations to Minister Calandra, MPP David Smith, the Association of Municipalities of Ontario and to the municipal Clerks of Ontario's municipalities.

  Sincerely,

  John Kennedy, City Clerk

  cc:          David Smith, MPP

                 Association of Municipalities of Ontario (AMO)

                 All Ontario Municipalities

  Carried

8.2

Private Water Testing

• Councillor Mallah declared a conflict on this item.

• Res. # 2024-239
  Moved by Councillor Vrebosch
  Seconded by Councillor Mitchell

  Whereas, private water testing is currently available through Public Health Ontario laboratories to residents who rely on drinking water from a private well or treated lake water to verify that their drinking water is potable; 

  and Whereas, the Honourable Minister Sylvia Jones has provided verbal reassurances on multiple occasions that private water testing will remain free to the residents of Ontario; 

  and Whereas, rural areas of Ontario comprise a higher volume of private water sources and will potentially be most impacted if cost-saving measures do not consider ruralism for private water testing services, including transportation of the sample by the resident to the point of drop off, and delivery from the point of drop off to the lab; 

  and Whereas, private water testing is already underutilized by residents and further changes to accessibility of water testing could further reduce utilization, putting residents at risk of consuming non-potable water and the potential for water-borne illness; 

  and Whereas, the Office of the Auditor General of Ontario report also identified quality improvement opportunities for coordination and communication of courier services used to transport water samples which may contribute to cost reductions without impacting Ontario residents, and also maintain the integrity of the sample being tested (reduce the number of samples rejected from the laboratory due to not arriving within the required timeframe). 

  Therefore Be It Resolved, that: 

  1.    The City of North Bay endorses the North Bay Parry Sound Health Unit recommendation that Public Health Ontario within its quality improvement plan, assesses the geographical areas from which private water samples are collected and, with the support of the Ministry of Health ensures that drop-off locations, courier services and laboratories are coordinated to meet the needs of those geographies and maintain the integrity of the sample being tested;

  2.    That a full consultation and needs assessment takes place to determine how best to continue to provide free private water testing; and

  3.    That consultation should include local public health and AMO;

  And Furthermore Be It Resolved, that the City of North Bay provide correspondence of these resolutions to the Honourable Doug Ford (Premier), the Honourable Sylvia Jones (Ontario Minister of Health), Victor Fedeli, MPP (Nipissing), Graydon Smith, MPP (Parry Sound-Muskoka), John Vanthof, MPP (Timiskaming-Cochrane), Leaders of the Opposition, ROMA, AMO, OSUM, FONOM, Michael Sherar (President and CEO of Public Health Ontario), Ontario Boards of Health and the Association of Local Public Health Agencies (alPHa).

   

  Carried

8.3

Homelessness Crisis

• Councillor Vrebosch declared a conflict on this item.

• Res. # 2024-240
  Moved by Councillor Horsfield
  Seconded by Councillor King

  Whereas on behalf of its municipal members, the Association of Municipalities of Ontario (AMO) is urgently calling for Provincial and Federal leadership and action to address the growing crisis of homelessness encampments in communities across Ontario;

  And Whereas on July 2nd, 2024, AMO released a new policy paper Homeless Encampments in Ontario: A Municipal Perspective detailing the state of this crisis and evidence-based actions that must be taken, a copy of which is attached to this motion;

  And Whereas Municipal governments are at the front lines of the homelessness crisis without the resources or tools to support our residents and communities. 

  Now Therefore Be It Resolved that the Council of the City of North Bay is asking the Federal and Provincial governments to work collaboratively with each other and municipalities to address these complex issues that require comprehensive responses from all orders of government working together.

  And Further that a copy of the motion be shared with Prime Minister Trudeau, Premier Ford, MP Anthony Rota, MP Sean Fraser, MPP Victor Fedeli, MPP Paul Calandra, Association of Municipalities of Ontario, Rural Ontario Municipal Association, Federation of Northern Ontario Municipalities. 

  https://www.amo.on.ca/sites/default/files/assets/DOCUMENTS/Homelessness/2024/AMO_Homeless-Encampments-in-Ontario_2024-07-02.pdf

  Record of Vote (Upon the Request of Councillor Mallah)

  Yeas: Councillors Mallah, Lowery, Mitchell, Horsfield, King, Bain, Gardiner, Inch and Mayor Chirico

  Nays: Nil

  Carried

8.4

Response at 360 Main Street East

• Res. # 2024-241
  Moved by Councillor Vrebosch
  Seconded by Councillor Mitchell

  That Council requests that a report detailing the review, including what led up to the response at 360 Main Street East on Wednesday, July 17, 2024, be prepared and referred to the Community Safety and Wellbeing Committee and that the report includes the following:

  1.    What is the criteria that triggers a municipal response to similar situations;
  2.    What is the criteria or policy for who is notified, who responds and who attends;
  3.    What are the objectives of the response;
  4.    How do you identify if the municipal objectives and outcomes were met; and 
  5.    Who completes the assessment on potential and or actual  impacts on residents and/
  or community partners and what is the follow-up process on these impacts.

  Lost

9.

In-Camera Correspondence

10.

Giving Notice (Notice of Motion)

11.

Confirmatory By-Law

• Res. # 2024-242
  Moved by Councillor Vrebosch
  Seconded by Councillor Gardiner

  That the following by-law be read a first and second time:

  By-Law No. 2024-59 to confirm proceedings of the Regular Meeting of Council held on August 13, 2024. 

  Carried
• Res. # 2024-243
  Moved by Councillor Vrebosch
  Seconded by Councillor Gardiner

  That the following by-law be read a third time and passed:

  By-Law No. 2024-59 to confirm proceedings of the Regular Meeting of Council held on August 13, 2024. 

  Carried

12.

Adjournment

• Res. # 2024-244
  Moved by Councillor Bain
  Seconded by Councillor Gardiner

  That this Regular Meeting of Council do now adjourn at 9:00 p.m.

  Carried