Regular Meeting of City Council

Minutes

Tuesday, March 14, 2023 at 6:30 P.m. - 10:00 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, 
• Councillor Mayne, 
• and Councillor Mitchell 

---

1.

Declaration of Pecuniary Interest and the General Nature Thereof

1.1

Councillor Vrebosch - General Government Committee Report No. 2023-07

1.2

Councillor Vrebosch - General Government Committee Report No. 2023-08

1.3

Councillor Mitchell - General Government Committee Report No. 2023-08

1.4

Councillor Mitchell - General Government Committee Report No. 2023-10

1.5

Councillor Mallah - General Government Committee Report No. 2023-09

2.

Public Presentations

2.1

Jennifer Nickerson re Update from The Business Centre (TBC) Nipissing Parry Sound

3.

Public Meeting Minutes

• Res. # 2023-119
  Moved by Councillor Mallah
  Seconded by Councillor Horsfield

  That the minutes for the public meetings held on:

  - Thursday, February 23, 2023;
  - Monday, February 27, 2023;
  - Tuesday, February 28, 2023;
  - Wednesday, March 1, 2023;
  - Thursday, March 2, 2023; and
  - Monday, March 6, 2023

  be adopted as presented. 

  Carried

4.

Motion for Reconsideration

5.

Committee Reports

5.1

General Government Committee Report No. 2023-06

• Res. # 2023-120
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That General Government Committee Report No. 2023-06 relating to:

  -    2023 Gross Operating Expenses included in the Operating Budget

  be adopted as presented.

  General Government Committee Report No. 2023-06

  March 14, 2023 

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

  Your Worship and Councillors:
  The General Government Committee presents Report No. 2023-06 and recommends:

  That:

  1. The 2023 Gross Operating Expenses included in the Operating Budget in the amount of $137,631,171 (save and except the City’s share of the District of Nipissing Social Services Administration Board levy of $13,713,389; the City’s share of the North Bay Parry Sound District Health Unit’s levy of $1,638,765; and the City’s 2023 Hardship Program of $100,000) be approved.
  2. The 2023 Tax Levy of $105,765,198 as summarized in attached Appendix A be approved.
  3. The Chief Financial Officer be authorized to process all transfers to and from reserve funds included in the 2023 Operating Budget.
  4. The Chief Financial Officer be authorized to transfer $16,121,349 from the Operating Fund to the Capital Fund to finance approved capital projects that would otherwise require debenture issuance to fund (Net Capital Levy in Operating Budget). This is often referred to as the “Pay As You Go” funding for capital projects.
  5. That a public meeting be held regarding the proposed user fees for a permit parking program on the west side of Second Avenue between Ferguson Street and Fraser Street.
     
     All of which is respectfully submitted.

  Appendix A - 2023 Operating Budget

  Record of Vote Upon the Request of Councillor Mayne:

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

  Nays:  Councillors Vrebosch and King.

  Carried

5.2

General Government Committee Report No. 2023-07

• Councillor Vrebosch declared a conflict on this item. (as "DNSSAB is my employer".)

• Res. # 2023-121
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That General Government Committee Report No. 2023-07 relating to:

  -    2023 District of Nipissing Social Services Administration Board Operating Budget except for Healthy Community’s Fund

  be adopted as presented.

  General Government Committee Report No. 2023-07

  March 14, 2023

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

  Your Worship and Councillors:

  The General Government Committee presents Report No. 2023-07 and recommends:

  1. That the City of North Bay’s share of the District of Nipissing Social Services Administration Board’s (DNSSAB) 2023 levy in the amount of $13,634,364 (save and except the City’s Share of the DNSSAB’s Healthy Communities Fund of $79,025) be approved. 

  All of which is respectfully submitted.

  Carried

5.3

General Government Committee Report No. 2023-08

• Councillor Vrebosch declared a conflict on this item. (as "DNSSAB is my employer".)
• Councillor Mitchell declared a conflict on this item. (as "my employer receives funding from this program".)

• Res. # 2023-122
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That General Government Committee Report No. 2023-08 relating to:

  -    District of Nipissing Social Services Administration Board 2023 Healthy Community’s Fund

  be adopted as presented.

  General Government Committee Report No. 2023-08

  March 14, 2023

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

  Your Worship and Councillors:

  The General Government Committee presents Report No. 2023-08 and recommends:

  1. That the City of North Bay’s share of the District of Nipissing Social Services Administration Board’s 2023 Healthy Communities Fund of $79,025 be approved. 

  All of which is respectfully submitted.

  Carried

5.4

General Government Committee Report No. 2023-09

• Councillor Mallah declared a conflict on this item. (as "the North Bay Parry Sound District Health Unit is my employer".)

• Res. # 2023-123
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That General Government Committee Report No. 2023-09 relating to:

  -    2023 Health Unit Operating Budget

  be adopted as presented.

  General Government Committee Report No. 2023-09

  March 14, 2023

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

  Your Worship and Councillors:

  The General Government Committee presents Report No. 2023-09 and recommends:

  1. That the City of North Bay’s share of the North Bay Parry Sound District Health Unit’s 2023 levy of $1,638,765 be approved.

  All of which is respectfully submitted.

  Carried

5.5

General Government Committee Report No. 2023-10

• Councillor Mitchell declared a conflict on this item. (as "my employer runs the program for the Municipality".)

• Res. # 2023-124
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That General Government Committee Report No. 2023-10 relating to:

  -    City of North Bay’s 2023 Hardship Program

  be adopted as presented.

  General Government Committee Report No. 2023-10

  March 14, 2023

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

  Your Worship and Councillors:

  The General Government Committee presents Report No. 2023-10 and recommends:

  1.    That the City of North Bay’s 2023 Hardship Program in the amount of $100,000 be approved.

  All of which is respectfully submitted.

  Carried

5.6

General Government Committee Report No. 2023-11

• Res. # 2023-125
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That General Government Committee Report No. 2023-11 relating to:

  -    2023 General Capital and 2023 Water and Wastewater Budget

  be adopted as presented.

  General Government Committee Report No. 2023-11

  March 14, 2023

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

  Your Worship and Councillors:
  The General Government Committee presents Report No. 2023-11 and recommends:

  1. That City Council adopt the 2023 General Capital Budget as presented in attached Schedule “A” for Capital Projects to be funded from Capital Levy, Debentures, Federal and Provincial Government Grant Programs, Development Charges, Reserves and other contributions totalling $30,235,865 (save and except for: Project #3711RF – City of North Bay Community and Recreation Centre $21,823,780);
  2. That City Council adopt the 2023 Water and Wastewater Capital Budget as presented in attached Schedule “B” for Water and Wastewater Capital projects to be funded from Water and Wastewater Rates, Debentures, Federal and Provincial Government Grant Programs, Development Charges, Reserves and other contributions totalling $13,816,168;
  3. That City Council approve the required transfers to and from the various funds in accordance with the 2023 Adopted Capital Budgets;
  4. That City Council authorize the Chief Financial Officer/City Treasurer to process the budget transfers during the fiscal year, which do not change the overall approved Net Budgets; 
  5. That Capital Project No. 3711RF – City of North Bay Community and Recreation Centre will not proceed until further direction is received from Council regarding the award of construction and issuance of special debt; 
  6. That Council direct staff to prepare the financing plan for the Community Centre with the inclusion of $1,000,000 from the 2022 OLG revenue; and
  7. That a By-Law be presented to Council for three readings on March 14, 2023 authorizing the expenditure of funds approved by the 2023 General Capital Budget and the 2023 Water and Wastewater Capital Budget.
     
     All of which is respectfully submitted.

  Schedule A and B - 2023 General Capital and Water and Wastewater Capital Budget

  Record of Vote upon Request of Councillor Mayne

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

  Nays: Nil

  Carried

6.

Correspondence

6.1

North Bay Drinking Water System 2022 Reporting

• Res. # 2023-126
  Moved by Councillor Mitchell
  Seconded by Councillor Mayne

  That Council receive Report to Council IO 2023-05 dated February 28, 2023 from Karin Pratte relating to the 2022 North Bay Drinking Water System Annual Report, Summary Report and Drinking Water Quality Management Standard (DWQMS) Management Review for the North Bay Drinking Water System, for information purposes.   

   

  Record of Vote upon the Request of Councillor Mitchell

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

  Nays: Nil

  Carried

6.2

Pre-Servicing Agreement – Sherwood Forest Subdivision – Phase 2 (Katie Ann Crescent)

• Res. # 2023-127
  Moved by Councillor Mallah
  Seconded by Councillor King

  That:

  1.  the City enter into a Pre-Servicing Agreement with 1804016 Ontario Inc. in a form satisfactory to the City Solicitor and City Engineer for the installation of services for the Sherwood Forest Subdivision (City File 48T-22101); and
  2. an execution by-law be presented for three (3) readings at the Regular Meeting of Council held March 14, 2023. 
  Carried

6.3

Request for Tender 2023-04, ICIP Sidewalk Program Construction 

• Res. # 2023-128
  Moved by Councillor Mitchell
  Seconded by Councillor Mayne

  That Council:

  1. approve the award of a contract to Pioneer Construction Inc. in the amount of $2,497,948.88 (plus HST) for the construction of sidewalks and stormwater improvements on Georgian Road, Norman Avenue and Prince Edward Drive; and
  2. authorize the transfer of funds to the project, as outlined in Report to Council CORP 2023-44 dated March 3, 2023 from Mary-Ann Kotylak and Gerry McCrank.
  Carried

6.4

North Bay Drinking Water System Operational Plan Endorsement

• Res. # 2023-129
  Moved by Councillor Mitchell
  Seconded by Councillor Mayne

  That Council endorse the North Bay Drinking Water System Operational Plan attached to Report to Council IO 2023-04 dated February 28, 2023 from Karin Pratte.

   

  Record of Vote upon the Request of Councillor Mitchell

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

  Nays: Nil.

  Carried

6.5

2023 Operating Budget - Ontario Regulation 284/09 Disclosure

• Res. # 2023-130
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

  That Council:

  1. acknowledge the 2023 General Operating, Water and Wastewater Operating and Capital Budgets were prepared on the cash basis format and excluded the following expenses:
     • amortization of tangible capital assets
     • employee future benefit costs
     • solid waste landfill closure and post closure expenses
  2. authorize the continued preparation of the City’s annual General, Water and Wastewater Operating and Capital Budgets using the cash basis format, as set out in Report to Council CORP 2023-22 dated March 7, 2023 from Laura Boissonneault.
  Carried

6.6

Proposed Official Plan Amendment and Zoning By-Law Amendment on behalf of 2554162 Ontario Inc. - Cedar Heights Road (unaddressed)

• Res. # 2023-131
  Moved by Councillor Mallah
  Seconded by Councillor King

  That the proposed Official Plan Amendment and Zoning By-Law Amendment by Goodridge Goulet Planning & Surveying Ltd. on behalf of 2554162 Ontario Inc. – Cedar Heights Road (unaddressed) be received and referred to the Community Services Committee for a Public Meeting. 

  Carried

7.

By-Laws for Consideration

• Res. # 2023-132
  Moved by Councillor Mallah
  Seconded by Councillor King

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

  By-Law No. 2023-31 to prohibit the feeding of pigeons in the City of North Bay.

  By-Law No. 2023-32 to authorize the execution of a Subdivision Pre-Servicing Agreement with 1804016 Ontario Inc. relating to Sherwood Forest Subdivision - Phase II.

  Carried
• Res. # 2023-133
  Moved by Councillor Mallah
  Seconded by Councillor King

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

  By-Law No. 2023-31 to prohibit the feeding of pigeons in the City of North Bay.

  By-Law No. 2023-32 to authorize the execution of a Subdivision Pre-Servicing Agreement with 1804016 Ontario Inc. relating to Sherwood Forest Subdivision - Phase II.

  Carried
• Res. # 2023-134
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

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

  By-Law No. 2023-35 to authorize the expenditures of funds approved by the 2023 General Capital Budget and the 2023 Water and Wastewater Capital Budget. 

  Carried
• Res. # 2023-135
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

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

  By-Law No. 2023-35 to authorize the expenditures of funds approved by the 2023 General Capital Budget and the 2023 Water and Wastewater Capital Budget. 

  Carried

8.

Motions

8.1

Support of Private Bill 5: Stopping Harassment and Abuse by Local Leaders Act

• Res. # 2023-136
  Moved by Councillor Mallah
  Seconded by Councillor Horsfield

  Whereas all workers deserve a safe and healthy workplace, free from harassment and violence; 

  And Whereas in Ontario, employers are required to have a Workplace Violence and Harassment policy to protect all workers; 

  And Whereas this policy does not currently apply to municipally elected officials; 

  And Whereas in August 2022, MPP Stephen Blais put forward Bill 5 “Stopping Harassment and Abuse by Local Leaders Act” with the purpose of deterring municipal elected officials and board members from engaging in harassment by holding them accountable for their actions;

  And Whereas this Bill will allow municipalities to direct the Integrity Commissioner to apply to the court to vacate a member’s seat for failing to comply with the municipality’s workplace violence and harassment policies by amending the Municipal Act, 2001 and the City of Toronto Act, 2006. 

  Therefore be it Resolved that the City of North Bay send a copy of this motion in support of endorsing the Stopping Harassment and Abuse by Local Leaders Act to Premier Ford, MPP Victor Fedeli, the Minister of Municipal Affairs and Housing, and the Association of Municipalities of Ontario (AMO).

  Record of Vote upon the Request of Councillor Mallah:

  Yeas: Councillor Mallah, Horsfield, Mitchell, Vrebosch, Mayne, Inch, Gardiner, Lowery, King, Bain and Mayor Chirico.

  Nays:  Nil.

  Carried

9.

In-Camera Correspondence

10.

Giving Notice (Notice of Motion)

11.

Confirmatory By-Law

• Res. # 2023-137
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

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

  By-Law No. 2023-30 to confirm proceedings of the Regular Meeting of Council held on March 14, 2023.

  Carried
• Res. # 2023-138
  Moved by Councillor Horsfield
  Seconded by Councillor Inch

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

  By-Law No. 2023-30 to confirm proceedings of the Regular Meeting of Council held March 14, 2023.

  Carried

12.

Adjournment

• Res. # 2023-139
  Moved by Councillor Bain
  Seconded by Councillor Vrebosch

  That this Regular Meeting of Council do now adjourn at 7:39 p.m.

  Carried