Consolidated Agenda - July 27, 2020 Page 1 of 198 CITY OF WINDSOR AGENDA 7/27/2020
Consolidated City Council Meeting Agenda
Date: Monday, July 27, 2020 Time: 11:00 o’clock a.m.
Location: Council Chambers, 1st Floor, Windsor City Hall
Clerk’s Note: All members will be participating electronically and will be counted towards quorum in accordance with Procedure By-law 98-2011 as amended, which allows for electronic meetings during a declared emergency. The minutes will reflect this accordingly.
MEMBERS: Mayor Drew Dilkens
Ward 1 – Councillor Fred Francis
Ward 2 – Councillor Fabio Costante
Ward 3 – Councillor Rino Bortolin
Ward 4 – Councillor Chris Holt
Ward 5 – Councillor Ed Sleiman
Ward 6 – Councillor Jo-Anne Gignac
Ward 7 – vacant
Ward 8 – Councillor Gary Kaschak
Ward 9 – Councillor Kieran McKenzie
Ward 10 - Councillor Jim Morrison
Consolidated Agenda - July 27, 2020 Page 2 of 198 ORDER OF BUSINESS
Item # Item Description 1. ORDER OF BUSINESS
1.1. In the event of the absence of the Mayor, Councillor McKenzie has been Appointed Acting Mayor for the month of July, 2020 in accordance with By-law 176-2018, as amended.
2. CALL TO ORDER
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
4. ADOPTION OF THE MINUTES (enclosed)
4.1. Minutes of the Windsor City Council Meeting held July 13, 2020 (SCM 228/2020)
4.2. Minutes of the Windsor City Council Special Meeting held July 20, 2020 (SCM 229/2020)
5. NOTICE OF PROCLAMATIONS
6. COMMITTEE OF THE WHOLE
7. COMMUNICATIONS INFORMATION PACKAGE (This includes both Correspondence and Communication Reports)
7.1. Correspondence 7.1.1. through 7.1.6 (CMC 12/2020) (enclosed)
7.2. Compliance with Applicable Laws & Regulations, 2020 Q2 - City Wide (CM 20/2020)
7.3. Disaster Mitigation & Adaptation Fund (DMAF) 1 Program Update - City Wide (C 135/2020)
Consolidated Agenda - July 27, 2020 Page 3 of 198 8. CONSENT AGENDA
8.1. 2021 Proposed Budget Process & Timeline - City Wide (C 129/2020)
9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS
10. PRESENTATIONS AND DELEGATIONS
PRESENTATIONS: (10 minute maximum)
10.1. Sewer Master Plan – Final Recommendations Solution Summary – City Wide (C 127/2020) a) Flavio Forest, Dillon Consulting, and Mark Winterton, City Engineer to present
10.2. Emergency Shelter Review Report - City Wide (C 145/2020) a) Cassandra Vink, Consultant, Vink Consulting Limited to present Clerk’s Note: Marina Clemens representing HHAC submitting the attached letter dated July 23, 2020 as additional information. Rev. Matthew Morency, Executive Director, Matthew House Refugee Centre submitting the attached letter received June 24, 2020 as additional information. Angela Yakonich, Executive Director, Windsor Family Homes & Community Partnerships submitting the attached letter received July 24, 2020 as additional information. Marion Overholt, Executive Director, Legal Assistance of Windsor submitting the attached letter dated June 24, 2020 as additional information.
11. REGULAR BUSINESS ITEMS (Non-Consent Items)
11.1. Request to establish a Line of Credit between Windsor Detroit Border Link Limited and The Corporation of the City of Windsor (C 114/2020)
11.2. Application for a Cannabis Retail Store Authorization at 3514 Walker Road, Unit 2 (Ward 9) (C 149/2020) (attached)
11.3. Format for future City Council Meetings during the COVID-19 Pandemic and Response to CQ18-2020 regarding allowing delegations to participate during future Council Meetings (C 153/2020) (attached)
11.4. Confirm and Ratify Report – Waiver of User Fees for WIFF Drive-In Movie Event (C 154/2020) (attached)
Consolidated Agenda - July 27, 2020 Page 4 of 198 12. CONSIDERATION OF COMMITTEE REPORTS
12.1. (i) Report of the Special In-Camera meeting or other Committee as may be held prior to Council (if scheduled)
12.2. Special Meeting of Council – In-Camera meeting held June 29, 2020 (SCM 212/2020) (attached)
12.3. Report of the Striking Committee of its meeting held July 13, 2020 (SCM 213/2020) (attached)
13. BY-LAWS (First and Second Reading) (attached)
13.1. 105-2020 A BY-LAW TO FURTHER AMEND BY-LAW 98-2011 AS AMENDED, BEING A BY-LAW TO PROVIDE RULES GOVERNING THE PROCEEDINGS OF WINDSOR CITY COUNCIL MEETINGS AND ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS, authorized by Report C 153/2020, See Item 11.3
13.2. 106-2020 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW" authorized by CR206/2020 dated May 4, 2020
13.3. 107-2020 A BY-LAW TO ESTABLISH LANDS AS A PUBLIC HIGHWAY KNOWN AS GRAND MARAIS ROAD EAST, IN THE CITY OF WINDSOR authorized by CR76/2011 dated February 28, 2011
13.4. 108-2020 A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE 27TH DAY OF JULY, 2020
14. MOVE BACK INTO FORMAL SESSION
15. NOTICES OF MOTION
16. THIRD AND FINAL READING OF THE BY-LAWS
By-laws 105-2020 through 108-2020 (inclusive)
17. PETITIONS
Consolidated Agenda - July 27, 2020 Page 5 of 198 18. QUESTION PERIOD
19. STATEMENTS BY MEMBERS
20. UPCOMING MEETINGS
Corporate Services Standing Committee - CANCELLED Monday July 27, 2020 6:00 p.m. (meeting held electronically)
Windsor Bicycling Committee Tuesday July 28, 2020 10:00 a.m., Teleconference (by phone)
Regular City Council Tuesday, August 4, 2020 10:00 a.m. (meeting held electronically)
Community Services and Parks Standing Committee – CANCELLED Wednesday August 5, 2020 9:00 a.m. (meeting held electronically)
21. ADJOURNMENT
Consolidated Agenda - July 27, 2020 Page 6 of 198 Item No. 4.1
Committee Matters: SCM 228/2020
Subject: Adoption of the Windsor City Council meeting minutes held July 13, 2020
Consolidated Agenda - July 27, 2020 Page 7 of 198 CITY OF WINDSOR MINUTES 07/13/2020
City Council Meeting
Date: Monday, July 13, 2020 Time: 10:00 o’clock a.m.
Members Present:
Mayor Mayor Dilkens
Councillors Ward 1 - Councillor Francis Ward 2 - Councillor Costante Ward 3 - Councillor Bortolin Ward 5 - Councillor Sleiman Ward 6 - Councillor Gignac Ward 7 - Vacant Ward 8 - Councillor Kaschak Ward 9 - Councillor McKenzie Ward 10 - Councillor Morrison
Members Absent Ward 4 - Councillor Holt
Clerk’s Note: The Mayor and all members of Council participated via video conference (Zoom), in accordance with Procedure By-law 98-2011 as amended, which allows for electronic participation during a declared emergency.
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1. ORDER OF BUSINESS
2. CALL TO ORDER
The Mayor calls the meeting to order at 10:01 o’clock a.m.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
None disclosed.
4. ADOPTION OF THE MINUTES
4.1. Adoption of the Windsor City Council meeting minutes held June 15, 2020
Moved by: Councillor Francis Seconded by: Councillor Gignac
That the minutes of the meeting of Council held June 15, 2020 BE ADOPTED as presented. Carried. Report Number: SCM 208/2020
4.2. Adoption of the Special Meeting of Council minutes held June 25, 2020
Moved by: Councillor Francis Seconded by: Councillor Gignac
That the minutes of the Special Meeting of Council held June 25, 2020 BE ADOPTED as presented. Carried. Report Number: SCM 209/2020
5. NOTICE OF PROCLAMATIONS
None presented.
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6. COMMITTEE OF THE WHOLE
Moved by: Councillor Bortolin Seconded by: Councillor Kaschak
That Council do now rise and move into Committee of the Whole with the Mayor presiding for the purpose of dealing with: (a) communication items; (b) consent agenda; (c) hearing requests for deferrals, referrals and/or withdrawals of any items of business; (d) hearing presentations and delegations; (e) consideration of business items; (f) consideration of Committee reports: (g) Report of Special In-Camera Meeting or other Committee as may be held prior to Council (if scheduled); and (h) consideration of by-law 89-2020 through 103-2020 (inclusive). Carried.
7. COMMUNICATIONS INFORMATION PACKAGE
7.2. Council Question CQ 31-2019 - City Wide
Moved by: Councillor Bortolin Seconded by: Councillor Morrison
Decision Number: CR336/2020 That the report of the City Solicitor dated May 29, 2020 entitled “Council Question CQ31-2019” BE RECEIVED; and further,
That Administration BE DIRECTED to prepare a by-law prohibiting anyone from depositing refuse on private property even if they have the permission of the owner or occupant to do so; and further,
That Administration BE DIRECTED to review other tools from a by-law capacity that might be available to strengthen the ability to regulate the depositing of refuse on private property. Carried. Report Number: C 110/2020 Clerk’s File: AB2020
7.1. Correspondence Monday, July 13, 2020
Moved by: Councillor McKenzie Seconded by: Councillor Morrison
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Decision Number: CR332/2020 That the following Communication Items 7.1.1 through 7.1.6, 7.1.8 and 7.1.9, 7.1.11, and 7.1.13 through 7.1.23 inclusive as set forth in the Council Agenda BE REFERRED as noted, and that Items 7.1.7, 7.1.10, and 7.1.12 be dealt with as follows:
7.1.7 Letter to the Premier of Ontario requesting that the Government of Ontario consider providing tax and/or other financial relief to community non- profit and service clubs and organizations due to their inability to operate as a result of the COVID-19 pandemic
Moved by: Councillor Kaschak Seconded by: Councillor McKenzie
Decision Number: CR333/2020 That a letter BE SENT to the Honourable Doug Ford, Premier of Ontario requesting the Province to look into all possible ways of providing tax and/or other financial relief to our community non-profit and service clubs and organizations as a result of those organizations not being able to operate and be open as a result of the COVID-19 pandemic; and further,
That a copy of this resolution of support BE FORWARDED to local MPPs and all County of Essex municipalities. Carried.
7.1.10 Letter recommending the creation of a Task Force responsible for envisioning and planning post-pandemic Windsor while also highlighting and suggesting WDLC’s involvement
Moved by: Councillor Kaschak Seconded by: Councillor Gignac
Decision Number: CR334/2020 That the correspondence from Brian Hogan, Windsor and District Labour Council (WDLC), dated June 18, 2020 regarding “Pandemic: Task Force & Municipalities’ Finances” BE RECEIVED; and further,
That this correspondence BE REFERRED to the WindsorEssex Economic Development Corporation (WEDC) for their review and consideration based on initiatives that they are undertaking. Carried.
7.1.12 Interim Control By-Law 78-2019 Exemption Request, SBDRE (Windsor) Holdings Company Ltd. c/o Zelinka Priamo Ltd., 1790 Provincial Rd., Request to reconsider deferred report S 52/2020 and permit the establishment of a
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Moved by: Councillor McKenzie Seconded by: Councillor Costante
Decision Number: CR335/2020 That the correspondence from Zelinka Priamo Ltd. Dated June 26, 2020 regarding “Interim Control By-law 78-2019 Exemption Request – 1790 Provincial Road Windsor, ON; SBDRE (Windsor) Holdings Company Ltd” requesting a reconsideration of a recent Council decision on this matter, BE RECEIVED for information. Carried.
7.1.11 Request to waive development charges for expansion of the Windsor Lifeline Outreach food bank, located at 4490 7th Concession Rd. and owned by Windsor Christian Fellowship, amid COVID-19 pandemic
Moved by: Councillor Costante Seconded by: Councillor McKenzie
That the correspondence from Rosati Construction Inc., dated June 19, 2020 regarding a “request to waive Development Charges – Owner – Windsor Christian Fellowship; Tenant: Windsor Lifeline Outreach – 4490 7th Concession Rd. Windsor [“Property”]” BE RECEIVED; and further,
That Administration BE DIRECTED to report back on the current policy related to the Waiver of Fees and Grant Funding Policy, and if any adjustments need to be made to the subject policy.
The motion is put and is lost due to an equality of votes.
Aye votes: Councillors Costante, Kaschak, McKenzie, and Sleiman. Nay votes: Councillors Francis, Bortolin, Gignac, and Morrison. Absent: Councillor Holt. Abstain: None.
No. Sender Subject 7.1.1 Member of E-mail confirming receipt of the petition letter from Parliament for City Council requesting reduction of speeds along Windsor-Tecumseh the Detroit River
GF2020 Note & File
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No. Sender Subject 7.1.2 Local Planning Local Planning Appeal Tribunal notice of a Status Appeal Tribunal Teleconference at 9:00 a.m. on Wednesday, July 8, 2020, Case No. LC150015 re: Land Compensation for 3140 Walker Rd.
City Solicitor City Planner GP2020 Note & File 7.1.3 Local Planning Local Planning Appeal Tribunal notice of a Case Appeal Tribunal Management Conference by video at 10:00 a.m. on Friday, August 14, 2020, Case No. LC160037 re: Land Compensation for 131 Riverside Dr. W.
City Solicitor City Planner MMA2020 Note & File 7.1.4 Ministry of Municipal On July 8, 2020, the Ontario government introduced Affairs and Housing the COVID-19 Economic Recovery Act, 2020, which addresses three needs: restarting jobs and development, strengthening communities, and creating opportunity for people. This letter summarizes its proposed changes at the municipal and provincial levels
City Solicitor City Clerk / Licence Commissioner City Treasurer / Chief Financial Officer MH/13786 Note & File
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No. Sender Subject 7.1.5 Ministry of the Letter summarizing the Ministry’s next steps in the Environment, Made-in-Ontario Environment Plan commitment to Conservation and build an environmental assessment (EA) program, Parks including amending the Environmental Assessment Act (EAA), amending eight Class Environmental Assessments, and proposing regulatory exemptions from the EAA
City Engineer Manager of Environmental Services GM2020 Note & File 7.1.6 Town of Essex Letter to the Windsor-Essex County Health Unit (WECHU) detailing resolution R20-06-209 passed by Essex Town Council on June 15, 2020, which urges all levels of government and WECHU to support local farm workers, including migrant workers, as it relates to the COVID-19 pandemic. Suggestions include farm gate delivered mandatory testing, a plan of care for positive workers, and comprehensive tracking
MH/13786 Note & File 7.1.7 Town of Essex Letter to the Premier of Ontario requesting that the Government of Ontario consider providing tax and/or other financial relief to community non-profit and service clubs and organizations due to their inability to operate as a result of the COVID-19 pandemic
City Clerk / Licence Commissioner MH/13786, GP2020, & MMA/6661 Note & File
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No. Sender Subject 7.1.8 Town of Lakeshore Notice of the passing of a zoning by-law amendment regarding the production of cannabis by the Corporation of the Town of Lakeshore on June 23, 2020 under Section 34 of the Planning Act, R.S.O. 1990
City Solicitor City Planner Chief Building Official Development Applications Clerk GM2020 Note & File 7.1.9 Windsor-Essex Letter to the Chief Administrative Officer County Health Unit summarizing WECHU’s response to the Alcohol and (WECHU) Gaming Commission of Ontario's announcements regarding the allowance of licensed patio extensions for the duration of 2020 and report C 108/2020, “Response to Correspondence from Spirits Canada Re: Municipal Liquor Policies to Support Local Bars and Restaurants”
Corporate Leader, Parks, Recreation, Culture and Facilities City Clerk / Licence Commissioner ACLB2020 Note & File 7.1.10 Windsor and District Letter recommending the creation of a Task Force Labour Council responsible for envisioning and planning post- (WDLC) pandemic Windsor while also highlighting and suggesting WDLC’s involvement
MH/13786 COUNCIL DIRECTION REQUESTED, otherwise Note & File
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No. Sender Subject 7.1.11 Rosati Construction Request to waive development charges for Inc. expansion of the Windsor Lifeline Outreach food bank, located at 4490 7th Concession Rd. and owned by Windsor Christian Fellowship, amid COVID-19 pandemic
City Solicitor City Planner Chief Building Official MH/13786 COUNCIL DIRECTION REQUESTED, otherwise Note & File 7.1.12 Zelinka Priamo Ltd. Interim Control By-Law 78-2019 Exemption Request, SBDRE (Windsor) Holdings Company Ltd. c/o Zelinka Priamo Ltd., 1790 Provincial Rd., Request to reconsider deferred report S 52/2020 and permit the establishment of a transport terminal (Report of Standing Committee and Administration attached)
City Solicitor City Planner SPL2020 COUNCIL DIRECTION REQUESTED, otherwise Note & File 7.1.13 Manager of Urban Site Plan Approval, Jove Vasovski, 5951 Wyandotte Design St. E., New 166m2 paved parking lot & drain
ZS/13841 Note & File 7.1.14 Manager of Urban Site Plan Approval, Matthew Lubberts, 251 Watkins Design St., Proposed new 2 storey 6 plex
ZS/13843 Note & File 7.1.15 Manager of Urban Site Plan Approval, Duo Fratres Inc., 1370 Argyle Design Rd., New multi unit residential development
ZS/13846 Note & File
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No. Sender Subject 7.1.16 Manager of Urban Site Plan Approval, Windsor-Essex Catholic District Design School Board, 2465 McDougall St., New secondary school
ZS/13855 Note & File 7.1.17 Manager of Urban Site Plan Approval, Greater Essex County District Design School Board, 8465 Jerome St., Proposed bus bay project for Riverside Secondary
ZS/13856 Note & File 7.1.18 City Planner / Application for Zoning Amendment and Official Plan Executive Director Amendment, Suburban Construction & Management Ltd. c/o Christian LeFave, 7337 Edgar St., Application to amend Zoning By-law 8600 to allow a four storey residential apartment with surface parking
ZB/13842 & ZB/13840 Note & File 7.1.19 City Planner / Application for Zoning Amendment and Official Plan Executive Director Amendment, 2705285 Ontario Inc. c/o Zeshan Choudhry, 5787, 5791 & 5795 Tecumseh Rd. E., Application to amend Zoning By-law 8600 to allow a conversion of the commercial units to residential units on the main floor
ZB/13835 & ZO/13836 Note & File 7.1.20 City Planner / Application for Zoning Amendment, Tosin Bello, Executive Director 1090 North Talbot Rd., Application to amend Zoning By-law 8600 to allow a mixed use development, including main floor commercial with second and third floor residential and associated on-site parking
ZB/13839 Note & File
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No. Sender Subject 7.1.21 City Planner / Application for Zoning Amendment, 2605385 Executive Director Ontario Inc. c/o AIPL Canada Holdings Inc., 1200 University Ave. W., Application to amend Zoning By- law 8600 to allow a site-specific Commercial District
ZB/13838 Note & File 7.1.22 City Planner / Application for Zoning Amendment, 2356976 Executive Director Ontario Inc. c/o Dr. Bhan Garg, 0 Hawthorne Dr., Application to amend Zoning By-law 8600 to allow three apartment buildings with 190 units or 66 townhomes
ZB/13837 Note & File 7.1.23 Committee of Applications heard by the Committee of Adjustment / Consent Adjustment/Consent Authority, Thursday, July 9, Authority 2020, 3:30 p.m., through Electronic Meeting Participation
ZC2020 Note & File Carried. Report Number: CMC 11/2020
8. CONSENT AGENDA
8.1. Community Safety and Wellbeing Regional Plan - City Wide
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR337/2020 That the report of the Community Safety and Well-Being Project Manager BE RECEIVED for information and further;
That the deadline in the original Council Resolutions – CR340/2019 and CR543/2019 – BE AMENDED from January 1, 2021 to a date to be determined by the Province of Ontario. Carried. Report Number: S 87/2020 Clerk’s File: MH/13786
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8.2. Forest Glade Splash Pad Funding - Ward 7
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR338/2020 That City Council APPROVE a pre-commitment of $250,000 in 2021 from Community Parks Rehabilitation Program (PFO-006-12) for the installation of a new splash pad at Forest Glade Optimist Park; AND further;
That the CAO and the City Clerk BE AUTHORIZED to sign a contract with YWI Landscapes Inc. for the complete construction of splash pad at Forest Glade Optimist Park as per RFP NO. 22-20 in the amount of $212,969.21 (plus HST) which includes a $10,000 contingency satisfactory in form to the City Solicitor, in technical content to the Corporate Leader of Parks, Recreation & Culture and Facilities and in financial content to the City Treasurer and Chief Financial Officer; AND Further;
That the CAO and the City Clerk BE AUTHORIZED to sign and EXECUTE any contract or agreements necessary to implement the splash pad and washroom facility improvements at Forest Glade Optimist Park provided tendered costs are within the approved project budget, satisfactory in form to the City Solicitor, in technical content to the Corporate Leader of Parks, Recreation & Culture and Facilities and in financial content to the City Treasurer and Chief Financial Officer.
PROJECT CHARGED:
Forest Glade Capital Improvement Project ID#7191039 Carried. Report Number: C 128/2020 Clerk’s File: SR/13847
8.3. Appointment of Drainage Engineer - Little River Steel Walls (Wards 6 and 7)
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR339/2020 That the firm of Landmark Engineers Inc. BE APPOINTED as the engineer of record to prepare a report under Section 78 of the Drainage Act to inform City Council on the drainage works project, if any, that is required to address in order to analyze the structural condition of the steel walls located at the shoreline of the Little River. Carried. Report Number: C 125/2020 Clerk’s File: AS2020
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8.4. Appointment of Drainage Engineer - Talsma and Janisse Drains (Ward 10)
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR340/2020 That the firm of BairdAE Inc. BE APPOINTED as the engineer of record to prepare a report under Section 78 of the Drainage Act to inform Council on the drainage works project, if any, that is required to address the ongoing use of the Talsma Drain and designation as a Municipal Drain. Carried. Report Number: C 126/2020 Clerk’s File: AS2020
8.5. Updates to the Archaeological Management Plan
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR341/2020 DHSC 169 That the report of the Heritage Planner dated May 5, 2020 entitled, "Updates to the Archaeological Management Plan" BE RECEIVED FOR INFORMATION. Carried. Report Number: SCM 186/2020 & S 71/2020 Clerk’s File: SPL2020
8.7. OPA & Rezoning – Responsive Group – 3175-3215 Banwell - OPA 131 OPA/6047 Z-004/20 ZNG/6046 -Ward 7
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR343/2020 DHSC 166 That Volume 1: The Primary Plan of the City of Windsor Official Plan BE AMENDED by changing the land use designation of Part of Lots 143 and 144, Concession 1, designated as Parts 1 to 4, 11 to 15, and 26 to 30, Plan 12R-27789 (PIN 01566-0995; Roll No. 070-890-02411), situated on the west side of Banwell Road between Tecumseh Road East and Palmetto Street, on Schedule D: Land Use from “Commercial Corridor” to “Residential”.
That Zoning By-law 8600 BE AMENDED by changing the zoning of Part of Lots 143 and 144, Concession 1, designated as Parts 1 to 4, 11 to 15, and 26 to 30, Plan 12R-27789 (PIN 01566- 0995; Roll No. 070-890-02411), situated on the west side of Banwell Road between Tecumseh Road East and Palmetto Street, from HCD2.1 and S.20(1)181 to Residential District 3.20 (RD3.20) on the following basis:
12.20 RESIDENTIAL DISTRICT 3.20 (RD3.20)
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12.20.1 PERMITTED USES Lodging House Residential Care Facility Any use accessory to the above uses
12.20.5 PROVISIONS .1 Lot Frontage – minimum As existing .2 Lot Area – minimum As existing .3 Lot Coverage – maximum 35.0% .4 Main Building Height – maximum 14.0 m .5 Front Yard Depth – minimum 3.50 m .6 Rear Yard Depth – minimum 6.0 m .7 Side Yard Width – minimum 6.0 m .8 Landscaped Open Space Yard – minimum 25.0% of the lot area [ZDM 15; ZNG/6046] Carried. Report Number: SCM 188/2020 & S 74/2020 Clerk’s File: Z0/13758 & ZB/13757
8.8. Approval of a Plan of Condominium with Exemption under Section 9(3) of The Condominium Act –Skyline Real Estate Holdings Inc. 737 Ouellette Ave. – CDM 001-20 [CDM-6041] ; Ward 3
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR344/2020 DHSC 167 That the application of Skyline Real Estate Holdings Inc. for an exemption under Section 9(3) of The Condominium Act for approval of a plan of condominium (Standard Condominium), comprised of 10 additional dwelling units, as shown on the attached Maps No. CDM-001/20-1 to CDM 001/20- 6, within in an existing condominium tenured Multiple Dwelling structure designated ; Essex Condominium Plan (ECP) 169, City of Windsor; located at 737 Ouellette Avenue BE APPROVED for a period of three (3) years. Carried. Report Number: SCM 189/2020 & S 75/2020 Clerk’s File: ZP/13761
8.9. Approval of a Plan of Condominium with Exemption under Section 9(3) of The Condominium Act – Piroli Construction Inc. 850 Wyandotte Street W – CDM 002-20 [CDM-6053]; Ward 3
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
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Decision Number: CR345/2020 DHSC 168 That the application of Piroli Construction Inc. for an exemption under Section 9(3) of The Condominium Act for approval of a plan of condominium (Standard Condominium), comprised of 152 dwelling units, as shown on the attached Map No. CDM-002/20-1 and CDM-002/20-2 within in a newly constructed Multiple Dwelling structure on a parcel legally described as; Part of Lots 34 to 42, (inclusive) Registered Plan 71, Part of Lots 148 to 155 (Inclusive), Part of Alley, Part Lane, Registered Plan 282 and Part of Block 'Z', Registered Plan 469, City of Windsor; located at 850 Wyandotte Street West BE APPROVED for a period of three (3) years. Carried. Report Number: SCM 190/2020 & S 76/2020 Clerk’s File: ZP/13820
8.11. Application by the Registered Owner (1603965 Ontario Ltd.) of 3311 Peter Street for an exemption from Demolition Control By-law 20-2007 and an application for Financial Incentives under the Sandwich Community Improvement Plan (Ward 2)
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR347/2020 DHSC 171 I. That the Chief Building Official BE AUTHORIZED to issue a demolition permit to the registered owner (1603965 Ontario Ltd.), under an Agreement of Purchase and Sale, to demolish a one (1) storey single unit detached dwelling located at 3311 Peter Street (see Appendix ‘A'), to construct a one (1) storey single family residential dwelling with a secondary suite when an executed Site Plan Control Agreement has been registered on title with the appropriate securities to ensure the redevelopment occurs within a specified time period to fulfill the conditions of the Site Plan Control Agreement; and,
II. That any minor changes BE SUBJECT to the approval of the City Planner and Chief Building Official at the time of issuance of the Building Permit; and,
III. That the Chief Building Official BE DIRECTED to require, as a condition of the demolition permit: i. The Redevelopment identified in Appendix 'B' and Site Plan be substantially complete within two (2) years following the issuance of the demolition permit; ii. If the redevelopment, including construction of a new building, is not substantially complete within two (2) years of the commencement of the demolition the Clerk enter the sum of Twenty Thousand Dollars ($20,000) on the collectors roll of the property and prepare a certificate for registration; and,
IV. That the City Solicitor BE DIRECTED to register the certificate in the land registry office against the property; and,
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V. That the request for incentives under the Sandwich Incentive Program made by the registered owner (1603965 Ontario Ltd.), of the property located at 3311 Peter Street, BE APPROVED for the following programs: i. Development and Building Fees Grant for 100% of the Development and Building Fees identified in the Sandwich CIP (+/-$11,823.00); ii. Revitalization Grant Program for 70% of the municipal portion of the tax increment for up to 10 years (+/-$1,561.00 per year); and,
VI. That the CAO and City Clerk BE AUTHORIZED to sign the Sandwich Incentive Program Agreement for the Revitalization Grant in accordance with all applicable policies, requirements, and provisions contained within the Olde Sandwich Towne Community Improvement Plan to the satisfaction of the City Planner as to content, the City Solicitor as to legal form, and the CFO/City Treasurer as to financial implication; and,
VII. That grants approved SHALL LAPSE if the applicant has not completed the work and fulfilled the conditions within 2 years of the approval date. Carried. Report Number: SCM 192/2020 & S 69/2020 Clerk’s File: ZS/13670
8.12. Close the Westerly 6.1m Portion of Belle Isle View Boulevard ROW and 4.87m wide East/West Alley, Abutting the Property Known as 7467 St. Rose Avenue - Applicant: Glenn Murray - SAA/5550 - Ward 6
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR348/2020 DHSC 172 I. That the portion of the 4.87m wide east/west alley east of the existing Alley Closure By-law 774 A between Fairview Boulevard and Belle Isle View Boulevard, south of St. Rose Avenue, labelled as “Part 1” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE ASSUMED for subsequent closure; and,
II. That the portion of the 4.87m wide east/west alley east of existing Alley Closure By-law 774A between Fairview Boulevard and Belle Isle View Boulevard, south of St. Rose Avenue, labelled as “Part 1” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE CLOSED AND CONVEYED to the applicant subject to the following: a) Easement subject to their being accepted in the City’s standard form and in accordance with the City’s standard practice, be granted to: a. Bell Canada, Cogeco Connexion, and Enwin Utilities Ltd; and b) That the applicant enter an agreement with The Corporation of the City of Windsor to purchase the portion of the alley shown as PART 1 on Drawing No. CC-1733 attached as Appendix “A”; and,
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III. That Conveyance Cost for “Part 1” shown on Drawing No. CC-1733 attached as Appendix “A” BE SET for alleys abutting lands zoned Residential RD1.2 at $1.00 plus deed preparation fee and proportionate fee and proportionate share of the survey costs as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor; and,
IV. That the westerly 6.1m portion of Belle Isle View Boulevard right-of-way, south side of St. Rose Avenue, labelled as “Part 2” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE ASSUMED for subsequent closure; and,
V. That the westerly 6.1m portion of Belle Isle View Boulevard right-of-way, south side of St. Rose Avenue, labelled as “Part 2” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE CLOSED AND CONVEYED to the applicant subject to the following: a) Easement, subject to their being accepted in the City’s standard form and in accordance with the City’s standard practice, be granted to: a. Cogeco Connexion, Enbridge Gas and Enwin Utilities Ltd; and b) That the applicant enter an agreement with The Corporation of the City of Windsor to purchase the portion of the right-of-way shown as PART 2 on Drawing No. CC-1733 attached as Appendix “A”; and,
VI. That Conveyance Cost for “Part 2” shown on Drawing No. CC-1733 attached as Appendix “A” BE SET at $3,937 per front metre without easements and $1,969 per front metre with easements, survey cost included; and,
VII. That the portion of the 4.87m wide east/west alley east of the existing Alley Closure By-law 774 A between Fairview Boulevard and Belle Isle View Boulevard, south of St. Rose Avenue, labelled as “Part 3” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE ASSUMED for subsequent closure; and,
VIII. That the portion of the 4.87m wide east/west alley east of existing Alley Closure By-law 774A between Fairview Boulevard and Belle Isle View Boulevard, south of St. Rose Avenue, labelled as “Part 3” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE CLOSED AND CONVEYED to the owner of 7439 St. Rose Avenue subject to the following: a) Easement subject to their being accepted in the City’s standard form and in accordance with the City’s standard practice, be granted to: a. Bell Canada, Cogeco Connexion, and Enwin Utilities Ltd; and b) That the owner of 7439 St. Rose Avenue enter an agreement with The Corporation of the City of Windsor to purchase the portion of the alley shown as “Part 3” and shown on Drawing No. CC-1733 attached as Appendix “A”; and,
IX. That Conveyance Cost for Part 3 shown on Drawing No. CC-1733 attached as Appendix “A” BE SET for alleys abutting lands zoned Residential RD1.2 at $1.00 plus deed preparation fee and proportionate fee and proportionate share of the survey costs as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor; and,
X. That the portion of the 4.87m wide east/west alley east of existing Alley Closure By-law 774A between Fairview Boulevard and Belle Isle View Boulevard, south of St. Rose Avenue,
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labelled as “Part 4” and shown on Drawing No. CC-1733 attached as Appendix “A”, BE CLOSED AND CONVEYED to the owner of 921 Belle Isle View Boulevard subject to the following: a) Easement subject to their being accepted in the City’s standard form and in accordance with the City’s standard practice, be granted to: a. Bell Canada, Cogeco Connexion, and Enwin Utilities Ltd; and b) That the owner of 921 Belle Isle View Boulevard enter an agreement with The Corporation of the City of Windsor to purchase the portion of the alley labelled as ”Part 4” and shown on Drawing No. CC-1733 attached as Appendix “A”; and,
XI. That Conveyance Cost for Part 4 shown on Drawing No. CC-1733 attached as Appendix “A” BE SET for alleys abutting lands zoned Residential RD1.2 at $1.00 plus deed preparation fee and proportionate fee and proportionate share of the survey costs as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor; and,
XII. That the owner of 921 Belle Isle View Boulevard ENTER an agreement with The Corporation of the City of Windsor to purchase their half of the north/south alley closed by By-law RVSD 958 labelled as ”Part 5” and shown on Drawing No. CC-1733 attached as Appendix “A”; and,
XIII. That Conveyance Cost for Part 5 shown on Drawing No. CC-1733 attached as Appendix “A” BE SET for alleys abutting lands zoned Residential RD1.2 at $1.00 plus deed preparation fee and proportionate fee and proportionate share of the survey costs as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor; and,
XIV. That The City Planner BE REQUESTED to supply the appropriate legal description, in accordance with Drawing No. CC-1733, attached as Appendix “A”; and,
XV. That the owner of 921 Belle Isle View Boulevard BE REQUESTED to obtain a permit to maintain the driveway approach to City Standard AS-221 or AS-222, upon closure and acquisition of Part 4 as shown on Drawing No. CC-1733; and,
XVI. That The City Solicitor BE REQUESTED to prepare the necessary by-law(s); and,
XVII. That The Chief Administrative Officer and City Clerk BE AUTHORIZED to sign all necessary documents approved as to form and content satisfactory to the City Solicitor; and,
XVIII. That the matter BE COMPLETED electronically pursuant to By-law Number 336-2003. Carried.
Report Number: SCM 193/2020 & S 227/2019 Clerk’s File: SAA2020
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8.13. Minutes of the International Relations Committee of its meeting held February 26, 2020
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR349/2020 DHSC 173 That the minutes of the International Relations Committee of its meeting held February 26, 2020 BE RECEIVED for information. Carried. Report Number: SCM 194/2020 & SCM 97/2020 Clerk’s File: MB2020
8.14. EWSWA Annual Report - Essex-Windsor Residential Waste Diversion 2019 (dated March 31, 2020)
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR350/2020 ETPS 766 That the Essex Windsor Solid Waste Authority (EWSWA) Annual Report - Essex-Windsor Residential Waste Diversion 2019 BE APPROVED as presented. Carried. Report Number: SCM 199/2020 & SCM 175/2020 Clerk’s File: MB2020
8.15. EWSWA Regular Board Meeting Minutes February 4, 2020
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR351/2020 ETPS 767 That the minutes of the Essex Windsor Solid Waste Authority (EWSWA) of its meeting held February 4, 2020 BE RECEIVED. Carried. Report Number: SCM 200/2020 & SCM 176/2020 Clerk’s File: MB2020
8.16. Traffic Calming - Adapting to COVID-19 Emergency - City-Wide
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
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Decision Number: CR352/2020 ETPS 768 That, for the duration of the municipal declared state of emergency, the requirement for resident petitions in the Traffic Calming Policy BE WAIVED; and,
That Administration BE DIRECTED to use 311 polls in place of these petitions. Carried. Report Number: SCM 201/2020 & S 64/2020 Clerk’s File: MH/13786 & ST2020
8.17. Riverside Drive at Ford Boulevard - Speed Review - Ward 6
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR353/2020 ETPS 769 That the report of the Transportation Planning Senior Engineer dated May 29, 2020 entitled “Riverside Drive at Ford Boulevard – Speed Review – Ward 6” BE RECEIVED for information. Carried. Report Number: SCM 202/2020 & S 78/2020 Clerk’s File: ST2020
8.18. Revised 2021 Road Rehabilitation Program - City Wide
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR354/2020 ETPS 770 That City Council APPROVE the following revised 2021 road rehabilitation program, which will be completed in conjunction with the ENWIN-Water Division’s directive to address lead water connections:
PROPOSED REVISED 2021 ROAD REHABILITATION PROGRAM
ITEM REHAB. STREET FROM TO NO. TYPE
1 CAMERON AVE RIVERSIDE DR CUL-DE-SAC M 2 KILDARE RD ASSUMPTION ST WYANDOTTE ST E R ROCKWELL 3 LABELLE STREET ALEXANDRA AVENUE R AVENUE 4 GLADSTONE TECUMSEH YPRES R 5 MATCHETTE RD EC ROW CHAPPELL AVE FDR TECUMSEH ROAD 6 WALKER RD DROUILLARD RD R/M EAST Carried.
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Report Number: SCM 203/2020 & S 81/2020 Clerk’s File: AFB/13698 & SW2020
11.2. Declaration of Vacant Lands Municipally Known as 0 Grand Marais Road East and Part of Closed Grand Marais Road East Surplus and Authority to Offer for Sale-Ward 10
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR356/2020 I. That the following City of Windsor (the “City”) vacant parcels of land BE DECLARED surplus:
PARCEL #1:
. Municipal address: 0 Grand Marais Road East – vacant parcel of land situate on the north side of Grand Marais Road East, west of Atkinson Street . Legal Description: Park Lot on Registered Plan 1106 Sandwich East, designated as Parts 1 and 2 on 12R-28235 . Approximate Lot size: Irregular . Approximate Lot area: 4,425 sq ft (411.1 m2)
PARCEL #2:
. Municipal address: 0 Grand Marais Road East – part of closed Grand Marais Road East, west of Atkinson Street . Legal Description: Part of Closed Grand Marais Road Widening on Registered Plan 1106 closed by By-Law 90-2008, designated at Parts 3-6 on 12R-28235 . Approximate Lot size: 84.5 feet x 68.3 feet (25.75 m x 20.81 m) . Approximate Lot area: 5,737 sq ft (533 m2) (herein the “Subject Parcels”); and
II. That the Manager of Real Estate Services BE AUTHORIZED to offer the vacant parcels of land identified in Recommendation I for sale on the MLS at a price to be determined by the Manager of Real Estate Services commensurate with an independent appraisal. Carried. Report Number: C 123/2020 Clerk’s File: APM2020
11.3. Capital Variance Report – May 31, 2020 - City Wide
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
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Decision Number: CR357/2020 That City Council RECEIVE for information the 2020 Life-to-Date Capital Variance Report as at May 31, 2020 as presented by the Chief Financial Officer and City Treasurer; and,
That City Council APPROVE the transfers to and from capital projects/reserves as identified within Appendix A – Summary of Capital Project Variances and,
That City Council SUPPORT Administration’s continuance to close capital projects in a timely fashion ensuring any surpluses which may be required to offset unmitigated pandemic costs are identified and tracked for consideration as part of the 2020 yearend close and;
That in order to align planned Playground Replacements with the current project that City Council APPROVE a pre-commitment of funds from the Playground Replacement Program (PFO-002-15) in the amount of $385,000 in 2021 and direct those funds to the Enhanced Flooding Mitigation Program (DMAF) project (ENG-005-19). Carried. Report Number: C 91/2020 Clerk’s File: MH/13786
11.5. Confirm and Ratify - Application for a Cannabis Retail Store Authorization at 7405 Tecumseh Road East, Unit 200 - Ward 8
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR359/2020 That the results of the email poll conducted by the Deputy City Clerk on July 6, 2020 noting the following motion as being put and lost due to an equality of votes, BE CONFIRMED AND RATIFIED:
THAT City Council RECEIVE the collected comments as requested through CR534/2019 for information; and,
THAT City Council OPPOSE the Retail Cannabis Application requested by ‘Urbnbud’ regarding the site located at 7405 Tecumseh Road East, Unit 200; and,
THAT City Council DIRECT the Chief Administrative Officer to RETURN their decision along with this report and Appendices A and B to the Alcohol and Gaming Commission of Ontario for consideration regarding the Retail Cannabis Application and for delivery to the Applicant, ‘Urbnbud’, located at 7405 Tecumseh Road East, Unit 200 no later than July 9, 2020. Carried. Report Number: C 142/2020 Clerk’s File: GP/13047
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11.6. Confirm And Ratify Report – Outdoor Screen For Use At Various Outdoor Functions - City Wide
Moved by: Councillor Sleiman Seconded by: Councillor Bortolin
Decision Number: CR360/2020 That the results of the email poll conducted by the Deputy City Clerk on July 6, 2020 approving the following recommendation BE CONFIRMED AND RATIFIED:
That City Council AUTHORIZE the purchase of a 22x40ft outdoor screen for use at various outdoor functions around the City including drive-in movie theatre events hosted by the WIFF at Festival Plaza, in an amount not to exceed $65,000 from the MAT (Municipal Accommodation Tax) tax reserve fund which currently has a balance of $765,000. Carried. Report Number: C 143/2020 Clerk’s File: MH/13786
9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS
None requested.
10. PRESENTATIONS AND DELEGATIONS (5 Minute maximum per delegate)
None presented.
11. REGULAR BUSINESS ITEMS (Non-Consent Items)
11.1. Response to CQ#11-2020 Regarding Open-Air Burning
Moved by: Councillor Kaschak Seconded by: Councillor Sleiman
That Council ENDORSE a 3 year pilot project beginning approximately September 15, 2020 or earlier if possible to approve open air burning in the City of Windsor through a City permit process to allow backyard fires but with many conditions attached; and further,
That in 2023 the Council of the day can then ASSESS the 3 year project with all of the data and then determine the direction for the City moving forward thereafter; and further,
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That the many education and public safety conditions BEGIN AS FOLLOWS:
Allowing this to be done only from Thursday’s to Sunday’s from 6pm & to end by midnight; A designated sized 1 square metre backyard fire pit is the maximum size allowed. The container is to be made from non-combustible material; The size of the fire cannot exceed 2 feet long by 2 feet wide by 2 feet high; Only clean dry seasoned wood, charcoal, briquettes or retail fire logs are allowed to be burned; Treated or painted wood cannot be burned, no asphalt products, rubber, tires, construction material, household material or plastics can ever be burned; You must have a bucket of water, a garden hose or a fire extinguisher nearby the fire site and always an adult attending; The centre of the fire must be a minimum of 15 metres from property lines; The centre of the fire must be a minimum of 10 metres from hedges, fences, buildings etc.; Fires would not be allowed when wind conditions in such direction could cause smoke annoyance to neighbours; Fires would not be allowed during rain, fog, smog/poor air quality alerts or days and during fire bans issued by the Fire Chief or high risk periods; The fire must be set and supervised at all times by a competent adult; and, The fire must be full extinguished by an adult before at or before midnight on the applicable days; and further,
That the City Solicitor BE DIRECTED to prepare the necessary by-laws required to enact this initiative; and,
That Administration BE DIRECTED to incorporate a reporting mechanism yearly with cost implications both to the fire department and the Corporation of the City of Windsor, and that a Communications plan BE DEVELOPED to educate the public.
The motion is put and is lost.
At the request of Councillor Kaschak, a recorded vote is taken on this matter.
Aye votes: Councillors Kaschak, Sleiman, Bortolin and Morrison. Nay votes: Councillors Francis, Gignac, Costante, McKenzie and Mayor Dilkens. Absent: Councillor Holt. Abstain: None.
Moved by: Councillor Gignac Seconded by: Councillor Costante
Decision Number: CR355/2020 That the report of the Fire Chief dated June 25, 2020 entitled “Response to CQ#11-2020 Regarding Open-Air Burning” BE RECEIVED for information; and further,
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That Administration BE DIRECTED to prepare, in consultation with the Fire Chief, a By-law to prohibit open-air burning in the City of Windsor. Carried.
At the request of Councillor Gignac, a recorded vote is taken on this matter.
Aye votes: Councillors Francis, Costante, Bortolin, Sleiman, Gignac, McKenzie, Morrison and Mayor Dilkens. Nay votes: Councillor Kaschak. Absent: Councillor Holt. Abstain: None. Report Number: C 136/2020 Clerk’s File: MH/13786
11.4. COVID-19 2020 Year-End Financial Projections - City Wide
Moved by: Councillor Francis Seconded by: Councillor Gignac
Decision Number: CR358/2020 That City Council RECEIVE the report titled “COVID-19 2020 Year-End Financial Projections”; and,
That the City of Windsor continue TO ACTIVELY PARTICIPATE in all efforts along with other municipalities and municipal associations to seek financial support from senior levels of government to mitigate any remaining negative financial impacts to municipalities resulting from the COVID-19 pandemic. Carried.
At the request of Councillor Francis, a recorded vote is taken on this matter.
Aye votes: Councillors Francis, Gignac, Sleiman, Morrison and Mayor Dilkens. Nay votes: Councillors Bortolin, McKenzie, Costante and Kaschak. Absent: Councillor Holt. Abstain: None. Report Number: C 134/2020 Clerk’s File: MH/13786 & AFB/13467
8.10. Response to B3/2020 Directing Administration to Report Back with a Neighbourhood Residential Rehabilitation Grant Program and List of Funded CIPs
Moved by: Councillor Gignac Seconded by: Councillor Francis
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That the report of the Planner III – Special Projects dated April 27, 2020 entitled “Response to B3/2020 Directing Administration to Report Back with a Neighbourhood Residential Rehabilitation Grant Program and List of Funded CIPs” BE RECEIVED for information.
The motion is put and is lost.
At the request of Councillor Gignac, a recorded vote is taken on this matter.
Aye votes: Councillors Francis, Gignac and Mayor Dilkens. Nay votes: Councillors Costante, Bortolin, Sleiman, Kaschak, McKenzie and Morrison. Absent: Councillor Holt. Abstain: None.
Moved by: Councillor Bortolin Seconded by: Councillor Morrison
Decision Number: CR346/2020 DHSC 170 That the report of the Planner III Special Projects dated April 27, 2020 entitled “Response to B3/2020 Directing Administration to Report Back with a Neighbourhood Residential Rehabilitation Grant Program and List of Funded CIP’s” BE RECEIVED for Information; and,
That a micro grant program for the Downtown Community Improvement Plan, using the Ford City Community Improvement Plan as the basis, BE APPROVED. Carried. Councillors Francis, Gignac and Mayor Dilkens voting nay. Carried. Report Number: SCM 191/2020 & S 68/2020 Clerk’s File: Z/10320
8.6. Zoning By-law Amendment Application for 4100 7th Con. Rd.; Applicant: MAA AshaPuri Enterprises Inc.; File No. Z-020/19, ZNG/5980; Ward 9
Moved by: Councillor McKenzie Seconded by: Councillor Kaschak
Decision Number: CR342/2020 DHSC 165 I. That By-law 85-18 cited as the "Township of Sandwich South Comprehensive Zoning By- law" BE REPEALED for the land located at the southeast corner of the intersection of Baseline Road and 7th Concession Road, described as Pt Lot 16, Concession 7, Sandwich East, and further described as PART 2, 12R16823.
II. That Zoning By-law 8600 BE AMENDED by changing the zoning of the land located at the southeast corner of the intersection of Baseline Road and 7th Concession Road, described as Pt Lot 16, Concession 7, Sandwich East, and further described as PART 2, 12R16823,
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from Hamlet Commercial zone under Zoning By-law 85-18 to Commercial District 3.3 under Zoning By-law 8600 with a holding prefix, so as to facilitate the construction of a Hotel.
III. That the holding symbol BE REMOVED when the applicant/owner submits an application to remove the H symbol and the following conditions are satisfied:
a) The Owner(s) enter into an agreement with the Corporation of the City of Windsor for all requirements under the General Provisions of the Site Plan Control Agreement, including the following additional provisions, and any other provision deemed relevant:
Availability of municipal sanitary sewer – construct, or agree to construct, sanitary sewer extension from existing municipal sanitary sewer trunk within the subject area to the subject land, to the satisfaction of the City Engineer.
Local Improvement Works – sign petitions for and not to oppose the construction, under the provisions of Ontario Regulation 586/06 for local improvements, of a sanitary sewer abutting the subject lands.
Sewer Connections – obtain a permit from the Engineering Department to connect the private sanitary connection to the future service provided at the property line.
Land Conveyance for road widening purposes – gratuitous conveyance of 3.0m wide parcel across the entire 7th Concession Road frontage, and 2.0m wide parcel across the entire Baseline Road frontage of the subject lands, to the Corporation, in fee simple and without encumbrance, in accordance with the requirements of the County Road 42 portion of the Lauzon Parkway Environmental Assessment Report, and to the satisfaction of the City Engineer.
Corner Cut-Off – gratuitous conveyance of a corner cut-off sufficient in magnitude to facilitate improvements at the 7th Concession Road/County Road 42 Intersection, in accordance with the requirements of the County Road 42 Portion of the Lauzon Parkway Environmental Assessment Report, and to the satisfaction of the City Engineer.
Sidewalks – at the discretion of the City Engineer, 1. Construct at their expense and according to City of Windsor Standard Specifications, a concrete sidewalk along the entire 7th Concession Rd and Baseline Road frontages of the subject lands. All work to be to the satisfaction of the City Engineer; or 2. Pay to the Corporation the sum of $25,000.00 being the Owner’s contribution towards the future construction of a concrete sidewalk along the entire 7th Concession Rd and Baseline Road frontages of the subject lands.
Curbs and Gutters – at the discretion of the City Engineer,
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Construct at their own expense and according to City of Windsor Standard Specifications, a concrete curb and gutter along the entire 7th Concession Rd and Baseline Road frontages of the subject lands. All work to be to the satisfaction of the Corporation’s City Engineer; or 1. Pay to the Corporation, prior to the issuance of a construction permit, the sum of $14,000.00 being the Owner’s contribution towards the future construction of concrete curb and gutter on the frontage of the subject lands.
Storm Detention - construct storm detention scheme, to the satisfaction of the City Engineer and the Ministry of Environment, Conservation & Parks (MECP).
ERCA Requirements – follow all drainage and flood-proofing recommendations of the Essex Region Conservation Authority (ERCA) may have with respect to the subject land, and obtain all necessary permits from ERCA with respect to the drainage works on the subject lands.
Off-Site Improvement – an auxiliary westbound left-turn lane with a storage length of 15-meters at the intersection of Concession Road 7 and West Driveway to be provided at the owner’s cost.
Enbridge Gas requirement - a minimum separation of 0.3m from all Gas facilities.
Noise mitigation measures – implementation of the mitigation measures recommended in the Noise Report dated January 22, 2020, prepared by Akoustik Engineering Limited.
b) Site Plan Control Agreement registered on title of the subject property; and
c) Ministry of Environment, Conservation & Parks (MECP) approval for Storm Water Management for the subject site. Carried. Report Number: SCM 187/2020 & S 42/2020 Clerk’s File: ZB/13675
12. CONSIDERATION OF COMMITTEE REPORTS
12.1. (i) Report of the Special In-Camera meeting or other Committee as may be held prior to Council
Moved by: Councillor Gignac Seconded by: Councillor Bortolin
Decision Number: CR361/2020 That the report of the In Camera meeting held July 13, 2020 BE ADOPTED as presented. Carried.
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Clerk’s File: ACO2020
12.2. Striking Committee Report - June 1, 2020
Moved by: Councillor Gignac Seconded by: Councillor Bortolin
Decision Number: CR362/2020 That the report of the Striking Committee of its meeting held June 1, 2020 BE ADOPTED as presented. Carried.
Report Number: SCM 210/2020 Clerk’s File: ACO2020
13. BY-LAWS (First and Second Reading)
Moved by: Councillor Kaschak Seconded by: Councillor McKenzie
That the following By-laws No. 89-2020 through 102-2020 (inclusive) be introduced and read a first and second time:
89-2020 A BY-LAW TO ASSUME FOR PUBLIC USE AS A PUBLIC HIGHWAY THE 4.22 METRE ALLEY LOCATED SOUTH OF CAMPBELL AVENUE, NORTH OF ALGONQUIN STREET, EAST OF MARK AVENUE AND WEST OF EVERTS AVENUE, CITY OF WINDSOR, authorized by CR100/2019 dated March 4, 2019.
90-2020 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE 4.22 METRE ALLEY LOCATED SOUTH OF CAMPBELL AVENUE, NORTH OF ALGONQUIN STREET, EAST OF MARK AVENUE AND WEST OF EVERTS AVENUE, CITY OF WINDSOR, authorized by CR100/2019 dated March 4, 2019.
91-2020 A BY-LAW TO ASSUME FOR SUBSEQUENT CLOSURE THE 20.12 METRE EAST/WEST PART OF HOME SITE AVENUE LOCATED SOUTH OF QUEEN ELIZABETH DRIVE, WEST OF CLEMENCEAU BOULEVARD AND NORTH OF NORTH SERVICE ROAD EAST, AND THE 2.13 METRE NORTH/SOUTH ALLEY LOCATED SOUTH OF HOME SITE AVENUE, NEXT WEST OF CLEMENCEAU BOULEVARD AND NORTH OF NORTH SERVICE ROAD EAST, CITY OF WINDSOR, authorized by CR459/2019 dated September 9, 2019.
92-2020 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE 20.12 METRE EAST/WEST PART OF HOME SITE AVENUE LOCATED SOUTH OF QUEEN ELIZABETH DRIVE, WEST OF CLEMENCEAU BOULEVARD AND NORTH OF NORTH SERVICE ROAD EAST, AND THE 2.13 METRE NORTH/SOUTH ALLEY LOCATED SOUTH OF HOME SITE AVENUE, NEXT WEST OF
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CLEMENCEAU BOULEVARD AND NORTH OF NORTH SERVICE ROAD EAST, CITY OF WINDSOR, authorized by CR459/2019 dated September 9, 2019.
93-2020 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 9023 BEING A BY-LAW TO REGULATE VEHICULAR PARKING WITHIN THE LIMITS OF THE CITY OF WINDSOR ON MUNICIPAL STREETS, MUNICIPAL PARKING LOTS AND PRIVATE PROPERTIES, authorized by CAO 146/2020 dated June 11, 2020.
94-2020 A BY-LAW TO ASSUME EASTLAWN AVENUE BEING STREETS SHOWN ON REGISTERED PLAN 835 KNOWN AS EASTLAWN AVENUE AND THE MUNICIPAL SERVICES LOCATED THEREIN, IN THE CITY OF WINDSOR, authorized by M98-2012 dated February 21, 2012.
95-2020 A BY-LAW TO ASSUME FOR SUBSEQUENT CLOSURE THE 4.43 METRE EAST/WEST ALLEY AND THE 4.23 METRE NORTH/SOUTH ALLEY LOCATED SOUTH OF LABELLE STREET, NORTH OF GRAND MARAIS ROAD, WEST OF EVERTS AVENUE AND EAST OF MARK AVENUE, CITY OF WINDSOR, authorized by CR5/2019 dated January 7, 2019.
96-2020 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE 4.43 METRE EAST/WEST ALLEY AND THE 4.23 METRE NORTH/SOUTH ALLEY LOCATED SOUTH OF LABELLE STREET, NORTH OF GRAND MARAIS ROAD, WEST OF EVERTS AVENUE AND EAST OF MARK AVENUE, CITY OF WINDSOR, authorized by CR5/2019 dated January 7, 2019.
97-2020 A BY-LAW TO ASSUME FOR SUBSEQUENT CLOSURE THE 4.28 METRE NORTH/SOUTH ALLEY LOCATED SOUTH OF EDGAR AVENUE, NORTH OF TRANBY AVENUE, WEST OF MATHEW BRADY AVENUE AND EAST OF EASTLAWN AVENUE, CITY OF WINDSOR, authorized by CR665/2018 dated December 17, 2018.
98-2020 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE 4.28 METRE NORTH/SOUTH ALLEY LOCATED SOUTH OF EDGAR AVENUE, NORTH OF TRANBY AVENUE, WEST OF MATHEW BRADY AVENUE AND EAST OF EASTLAWN AVENUE, CITY OF WINDSOR, authorized by CR665/2018 dated December 17, 2018.
99-2020 A BY-LAW TO FIX THE TAX RATES AND TO PROVIDE FOR THE LEVY AND COLLECTION OF PROPERTY TAXES FOR THIS YEAR, authorized by CR266/2020 dated May 25, 2020.
100-2020 A BY-LAW TO PROVIDE FOR THE IMPOSITION OF SPECIAL CHARGES UPON PRESCRIBED BUSINESS PROPERTY CLASSES OF RATEABLE PROPERTY WITHIN IMPROVEMENT AREAS FOR THE YEAR 2020, authorized by CR311/2020 & CR312/2020 dated June 15, 2020.
101-2020 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 9023 BEING A BY-LAW TO REGULATE VEHICULAR PARKING WITHIN THE LIMITS OF THE CITY OF WINDSOR ON
Consolidated Agenda - July 27, 2020 Page 37 of 198 Minutes City Council Monday, July 13, 2020 Page 31 of 39
MUNICIPAL STREETS, MUNICIPAL PARKING LOTS AND PRIVATE PROPERTIES, authorized by CAO 159/2020 dated June 30, 2020.
102-2020 A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE 13TH DAY OF JULY, 2020. Carried.
14. MOVE BACK INTO FORMAL SESSION
Moved by: Councillor Morrison Seconded by: Councillor Sleiman
That the Committee of the Whole does now rise and report to Council respecting the business items considered by the Committee:
1) Communication Items (as amended) 2) Consent Agenda (as amended) 3) Items Deferred Items Referred 4) Consideration of the Balance of Business Items (as amended) 5) Committee Reports (as presented) 6) By-laws given first and second readings Carried.
15. NOTICES OF MOTION
Moved by: Councillor Gignac Seconded by: Councillor McKenzie
Decision Number: CR363/2020 That Rule 13.9 of the Procedure By-law regarding business not already before Council BE WAIVED to permit the introduction of a motion for consideration by Council without prior notice regarding “Interim Control By-law – Residential Dwellings (Density and Units)”. Carried.
Clerk’s File: AB2020
Moved by: Councillor Gignac Seconded by: Councillor Costante
Consolidated Agenda - July 27, 2020 Page 38 of 198 Minutes City Council Monday, July 13, 2020 Page 32 of 39
Decision Number: CR364/2020 That Council PASS By-law 103-2020 being an Interim Control By-law to prohibit all Group Homes, Lodging Houses, Shelters, and any dwelling with five or more dwelling units within the City of Windsor, save and except: a) those lands located within the Manufacturing District 1. (MD1.) and Manufacturing Districts 2. (MD2.) in Zoning By-law 8600 and within any Industrial Zone (M1) including Defined Area M1-11 and Defined Area M1-15 in Zoning By-law 85-18 (which are currently subject to Interim Control By-law 78-2019); b) those lands identified on Schedule ‘P’ to Zoning By-law 8600 (which were previously subject to Interim Control By-laws 126-2015, 127-2015, and 142-2015); c) those exceptions listed in Sections 2 and 3 of the Interim Control By-law; and d) those lands excluded in Section 5 of the Interim Control By-law, to allow Council to review, and if deemed appropriate, implement the findings of the study; and,
That Council MAY REVIEW, on a case-by-case basis, any requested amendment to the Interim Control By-law where there is a determination that the requested amendment will not conflict with the general purpose and intent of the Interim Control By-law; and,
That the City Clerk BE AUTHORIZED to provide the required notice of the passage of this by-law; and,
That Council AUTHORIZE the City Planner to issue a Terms of Reference or a Request for Proposal with an upset limit of $100,000 (funded $45,000 from Sandwich South Secondary Plans project 7071166 and $55,000 from Comprehensive Zoning By-Law project 7092002) to study and review the Official Plan and Zoning By-laws 85-18 and 8600 with respect to land use policies and provisions related to higher density dwellings such as, but not limited to, Group Home, Lodging House, Residential Care Facility, Shelter, and any dwelling with five or more dwelling units within the City of Windsor. Carried. Report Number: C 141/2020 Clerk’s File: ACL2020
Moved by: Councillor Costante Seconded by: Councillor McKenzie
Decision Number: CR365/2020 That Rule 13.9 of the Procedure By-law regarding business not already before Council BE WAIVED to permit the introduction of a motion for consideration by Council without prior notice regarding petitioning the provincial and federal levels of government for any and all budgetary shortfalls due to Covid-19. Carried. Clerk’s File: MH/13786
Consolidated Agenda - July 27, 2020 Page 39 of 198 Minutes City Council Monday, July 13, 2020 Page 33 of 39
Moved by: Councillor Costante Seconded by: Councillor Gignac
Decision Number: CR366/2020 That Mayor Dilkens as well as the CAO, on behalf of the City of Windsor PETITION the Province of Ontario and the Government of Canada for any and all budgetary shortfalls due to Covid-19. Carried. Clerk’s File: MH/13786
16. THIRD AND FINAL READING OF THE BY-LAWS
Moved by: Councillor Bortolin Seconded by: Councillor Costante
That the By-laws No. 89-2020 through 102-2020 having been read a first and second time be now read a third time and finally passed and that the Mayor and Clerk BE AUTHORIZED to sign and seal the same notwithstanding any contrary provision of the Council. Carried.
Moved by: Councillor Gignac Seconded by: Councillor Morrison
That the By-law No. 103-2020 be introduced and read a first, second, and third time and finally passed and that the Mayor and Clerk BE AUTHORIZED to sign and seal the same notwithstanding any contrary provision of the Council. Carried.
17. PETITIONS
None registered.
18. QUESTION PERIOD
18.3. CA 15-2020
Moved by: Councillor Bortolin Seconded by: Councillor Kaschak
Decision Number: CR367/2020 That the following Council Question by Councillor Bortolin BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the
Consolidated Agenda - July 27, 2020 Page 40 of 198 Minutes City Council Monday, July 13, 2020 Page 34 of 39 form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011:
CQ 15-2020: Assigned to Executive Director Human Resources Ask that administration prepare a report outlining costs and procedures to begin collecting and reporting on data across the corporation tied to visible minority population. This data will be used to help guide future policy decisions and be shared for public consumption. Using other municipalities as comparators and also include any agencies in which the data is tied to. Also, look to connect with the Community Safety & Wellbeing initiative to see where overlapping efforts can be made to share data across the corporation. Carried. Clerk’s File: GM2020 & AS2020
18.4. CQ 16-2020
Moved by: Councillor Bortolin Seconded by: Councillor Kaschak
Decision Number: CR368/2020 That the following Council Question by Councillor Bortolin BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011:
CQ 16-2020: Assigned to City Solicitor Ask administration to report back on potential by-law, licensing, or parking suggestions to deal with auto-centric businesses that operate near residential neighbourhoods who park cars on residential streets but are not residents of the area. Specific examples are mechanics or car lots that have cars without plates parked on side streets near their business. Coordinate with by-law, parking, licensing, and right-of-way along with WPS. Carried. Clerk’s File: ST2020
18.5. CQ 17-2020
Moved by: Councillor Bortolin Seconded by: Councillor Kaschak
Decision Number: CR369/2020 That the following Council Question by Councillor Costante BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council
Consolidated Agenda - July 27, 2020 Page 41 of 198 Minutes City Council Monday, July 13, 2020 Page 35 of 39
Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011:
CQ 17-2020: Assigned to Executive Director Human Resources It is important that we recognize and acknowledge the historic and systemic nature of racism and discrimination in our country and our City. We understand that to move forward and promote equity and eliminate anti-racism requires reaching out to and hearing from the voices of those in our community and Corporation most impacted by discrimination and racism.
In this pursuit, it is also essential that we work towards having a Corporation that is representative of the people it serves and that everyone is treated with respect. As such, I am seeking the input and recommendations of Administration and our Diversity Advisory Committee on the viability of:
1. Including community-led consultations on systemic racism, under Phase 2 of the City of Windsor Diversity and Inclusion Initiative. 2. Seeking the input of those in our Corporation and related entities and our community most affected by racism and discrimination, regarding barriers to hiring and advancement in our Corporation and related entities as part of the Diversity and Inclusion Initiative. 3. Including recommendations and input regarding providing historical information and educational materials for City owned statues, buildings and streets named with racist histories as part of the Diversity and Inclusion Initiative, and further developing a plan for inclusive street and property naming practices in the future. Carried. Clerk’s File: APM2020, AS2020, & AL2020
18.6. CQ 18-2020
Moved by: Councillor Bortolin Seconded by: Councillor Kaschak
Decision Number: CR370/2020 That the following Council Question by Councillor Morrison BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011:
CQ 18-2020: Assigned to City Clerk Knowing the significant challenges during this declared emergency regarding electronic meetings and the uncertainty of emerging from the current state, I ask that Administration report back to Council at our next meeting on their ability and challenges,
Consolidated Agenda - July 27, 2020 Page 42 of 198 Minutes City Council Monday, July 13, 2020 Page 36 of 39
including the issue of accessibility, to allow delegations to participate in future council meetings. Carried. Clerk’s File: ACO2020
18.7. CQ 19-2020
Moved by: Councillor Bortolin Seconded by: Councillor Kaschak
Decision Number: CR371/2020 That the following Council Question by Councillor McKenzie BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011:
CQ 19-2020: Assigned to Diversity/Accessibility Officer That City Administration work with stakeholders in the Indigenous Community of our region to create a Land Acknowledgement statement recognizing the traditional territory of Indigenous Peoples who called the land upon which our City currently sits their own. Subsequent to this process, that Administration present to Council a report outlining the results of the above noted consultation and a draft Acknowledgment to consider appropriately and permanently adding to the formal Council Agenda. Carried. Clerk’s File: APM2020, APR2020, & AL2020
21. ADJOURNMENT
Moved by: Councillor Francis Seconded by: Councillor Kaschak
That this Council meeting stand adjourned until the next regular meeting of Council or at the call of the Mayor. Carried.
Accordingly, the meeting is adjourned at 1:43 o'clock p.m.
Consolidated Agenda - July 27, 2020 Page 43 of 198 Minutes City Council Monday, July 13, 2020 Page 37 of 39
Adopted by Council at its meeting held July 13, 2020 (CR361/2020) VC/bm
SPECIAL MEETING OF COUNCIL – IN CAMERA July 13, 2020
Members participating via electronic participation in accordance with Procedure By-law #98- 2011 as amended, which allows for electronic participation during a declared emergency.
Meeting called to order at: 9:15 a.m.
Members in Attendance:
Mayor D. Dilkens Councillor F. Francis Councillor F. Costante Councillor R. Bortolin Councillor G. Kaschak Councillor J. Gignac Councillor K. McKenzie Councillor J. Morrison Councillor E. Sleiman
Members Absent:
Councillor C. Holt
Also in attendance: O. Colucci, Chief Administrative Officer J. Payne, Community Development and Health Commissioner and Corporate Leader Social Development, Health, Recreation and Culture M. Winterton, City Engineer and Corporate Leader Environmental Protection and Transportation V. Critchley, City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Resources J. Mancina, Acting Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology S. Askin-Hager, City Solicitor and Corporate Leader Economic Development and Public Safety J. Wilson, Corporate Leader, Parks, Facilities, Recreation and Culture A. Teliszewsky, Mayor’s Chief of Staff
Consolidated Agenda - July 27, 2020 Page 44 of 198 Minutes City Council Monday, July 13, 2020 Page 38 of 39
S. Laforet, Fire Chief (Item 2) F. Scarfone, Manager of Real Estate Services (Item 1)
Verbal Motion is presented by Councillor Sleiman, seconded by Councillor Francis, that Rule 3.3 (c) of the Procedure By-law, 98-2011, BE WAIVED to add the following Agenda item:
4. Personal Matter – about an identifiable individual
Motion Carried.
Verbal Motion is presented by Councillor Sleiman, seconded by Councillor Gignac, to move in Camera for discussion of the following item(s), adding Item 4:
Item Subject Section – No. Pursuant to Municipal Act, 2001, as amended
1. Property matter – sale of land 239(2)(c)
2. Property/legal matter – security of the 239(2)(a) property of the municipality – event 3. Property/personal matter – confirm & ratify 239(2)(d) e-mail poll 4. Personal matter – about an identifiable 239(2)(b) individual – verbal report – ADDED
Motion Carried.
Declarations of Pecuniary Interest:
None declared.
Discussion on the items of business. (Items 1, 2, 3 and 4)
Consolidated Agenda - July 27, 2020 Page 45 of 198 Minutes City Council Monday, July 13, 2020 Page 39 of 39
Verbal Motion is presented by Councillor Morrison, seconded by Councillor Kaschak, to move back into public session. Motion Carried.
**SEE NOTE BELOW Moved by Councillor Gignac, seconded by Councillor McKenzie, THAT the Clerk BE DIRECTED to transmit the recommendation(s) contained in the report(s) discussed at the In-Camera Council Meeting held July 13, 2020 directly to Council for consideration at the next Regular Meeting.
1. That the recommendation contained in the in-camera report from the Manager of Real Estate Services, City Solicitor and Corporate Leader Economic Development and Public Safety and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a property matter – sale of land BE APPROVED.
2. That the recommendation contained in the in-camera report from the City Solicitor and Corporate Leader Economic Development and Public Safety, Fire Chief, Corporate Leader, Parks, Facilities, Recreation and Culture and City Engineer and Corporate Leader Environmental Protection and Transportation respecting a property/legal matter – security of the property of the municipality – event BE APPROVED.
3. That the recommendation contained in the in-camera report from the City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Resources respecting a property/personal matter – confirm and ratify e-mail poll BE CONFIRMED AND RATIFIED.
4. That the confidential verbal report from the Mayor respecting a personal matter about an identifiable individual BE RECEIVED and further that Administration PROCEED on the verbal direction of Council.
Motion Carried.
Moved by Councillor Sleiman, seconded by Councillor Bortolin, That the special meeting of council held July 13, 2020 BE ADJOURNED. (Time: 9:28 a.m.) Motion Carried.
**CLERK’S NOTE: The transmittal motion and final votes were held in the open session of Council on July 13, 2020.
Consolidated Agenda - July 27, 2020 Page 46 of 198 Item No. 4.2
Committee Matters: SCM 229/2020
Subject: Adoption of the Special Meeting of Council minutes held July 20, 2020
Consolidated Agenda - July 27, 2020 Page 47 of 198 CITY OF WINDSOR MINUTES 07/20/2020
Special Meeting of Council
Date: Monday, July 20, 2020 Time: 11:00 o’clock a.m.
Members Present:
Mayor Mayor Dilkens
Councillors Ward 1 - Councillor Francis Ward 2 - Councillor Costante Ward 3 - Councillor Bortolin Ward 4 - Councillor Holt Ward 5 - Councillor Sleiman Ward 6 - Councillor Gignac Ward 7 - Vacant Ward 8 - Councillor Kaschak Ward 9 - Councillor McKenzie Ward 10 - Councillor Morrison
Clerk’s Note: The Mayor and all members of Council participated via video conference (Zoom), in accordance with Procedure By-law 98-2011 as amended, which allows for electronic participation during a declared emergency.
Consolidated Agenda - July 27, 2020 Page 48 of 198 Minutes Special Meeting of Council Monday, July 20, 2020 Page 2 of 5
1. ORDER OF BUSINESS
2. CALL TO ORDER
The Mayor calls the meeting to order at 11:00 o’clock a.m.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
None disclosed.
6. COMMITTEE OF THE WHOLE
Moved by: Councillor Costante Seconded by: Councillor Morrison
That Council do now rise and move into Committee of the Whole with the Mayor presiding for the purpose of dealing with: (a) hearing requests for deferrals, referrals and/or withdrawals of any items of business; (b) hearing presentations and delegations; (c) consideration of business items; and, (d) consideration of by-law 104-2020. Carried.
9. REQUESTS FOR DEFERRALS, REFERRALS OR WITHDRAWALS
None requested.
Consolidated Agenda - July 27, 2020 Page 49 of 198 Minutes Special Meeting of Council Monday, July 20, 2020 Page 3 of 5
10. PRESENTATIONS AND DELEGATIONS
10.1. Windsor Essex Community Housing Corporation - Meadowbrook Housing Project Update
Hans Kogel, Jim Steele, Jay Shanmugam and Charles Janisse, Representatives from the Windsor Essex Community Housing Corporation (WECHC)
Hans Kogel, Jim Steele, Jay Shanmugam and Charles Janisse, Representatives from the Windsor Essex Community Housing Corporation (WECHC) appear before Council and are available for questions regarding the administrative report Windsor Essex Community Housing Corporation – Meadowbrook Housing Project Update.
Judy Binder, Representing Canadian Mortgage and Housing Corporation
Judy Binder, Representing Canadian Mortgage and Housing Corporation appears before Council and is available for questions regarding the administrative report Windsor Essex Community Housing Corporation – Meadowbrook Housing Project Update.
Moved by: Councillor Kaschak Seconded by: Councillor Holt
Decision Number: CR372/2020 That City Council RECEIVE the Meadowbrook project update and request from Windsor Essex Community Housing Corporation; and further,
That City Council AUTHORIZE Windsor Essex Community Housing Corporation to obtain a repayable loan through CMHC’s Co-Investment Fund to a maximum of $20.5 million; debt servicing (principal and interest payments) for this repayable loan to be funded from the rental income and other revenues of this development; and further,
That City Council AUTHORIZE that a municipal guarantee be provided to Canada Mortgage and Housing Corporation for both the non-repayable and repayable loans; and further,
That the CAO and City Clerk be AUTHORIZED to execute a guarantee agreement in the form acceptable to Canada Mortgage and Housing Corporation subject to review for legal content by the City Solicitor and financial and technical content by the City Treasurer. Carried.
Report Number: C 15/2020 Clerk’s File: SS/13867
Consolidated Agenda - July 27, 2020 Page 50 of 198 Minutes Special Meeting of Council Monday, July 20, 2020 Page 4 of 5
11. REGULAR BUSINESS ITEMS
11.1. Application for a Cannabis Retail Store Authorization at 3407 Walker Road - Ward 9
Moved by: Councillor Gignac Seconded by: Councillor McKenzie
Decision Number: CR373/2020 That City Council RECEIVE the collected comments as requested through CR534/2019 for information; and,
That City Council SUPPORT the Retail Cannabis Application requested by ‘The Higher Cannabis Company’ regarding the site located at 3407 Walker Road; and,
That City Council DIRECT the Chief Administrative Officer to RETURN their decision along with this report and Appendices A and B to the Alcohol and Gaming Commission of Ontario for consideration regarding the Retail Cannabis Application and for delivery to the Applicant, ‘The Higher Cannabis Company’ regarding the site located at 3407 Walker Road, no later than July 21, 2020. Carried.
Report Number: C 144/2020 Clerk’s File: GP/13047
13. BY-LAWS (First and Second Readings)
Moved by: Councillor Sleiman Seconded by: Councillor Gignac
That the following By-law No. 104-2020 be introduced and read a first and second time:
104-2020 A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS SPECIAL MEETING HELD ON THE 20TH DAY OF JULY, 2020. Carried.
14. MOVE BACK INTO FORMAL SESSION
Moved by: Councillor Francis Seconded by: Councillor Bortolin
Consolidated Agenda - July 27, 2020 Page 51 of 198 Minutes Special Meeting of Council Monday, July 20, 2020 Page 5 of 5
That the Committee of the Whole does now rise and report to Council respecting the business items considered by the Committee: 1) Items Deferred Items Referred 2) Consideration of the Balance of Business Items (as presented) 3) By-law given first and second readings Carried.
16. THIRD AND FINAL READING OF THE BY-LAWS
Moved by: Councillor Kaschak Seconded by: Councillor Sleiman
That the By-law No. 104-2020 having been read a first and second time be now read a third time and finally passed and that the Mayor and Clerk BE AUTHORIZED to sign and seal the same notwithstanding any contrary provision of the Council. Carried.
21. ADJOURNMENT
Moved by: Councillor Gignac Seconded by: Councillor Francis
That this Council meeting stand adjourned until the next regular meeting of Council or at the call of the Mayor. Carried.
Accordingly, the meeting is adjourned at 11:42 o'clock a.m.
Consolidated Agenda - July 27, 2020 Page 52 of 198 Item No. 7.1
Correspondence Report: CMC 12/2020
ATTACHMENTS
Subject: Correspondence Monday, July 27, 2020
No. Sender Subject 7.1.1 Ontario Energy Board Notice of a public hearing to consider the application by Enbridge Gas Inc. to raise its natural gas rates effective January 1, 2021
City Engineer MU2020 Note & File 7.1.2 Manager of Urban Site Plan Approval, American Iron & Metal Design Company Inc. c/o William Black, 0 Sprucewood Ave., Automobile/salvage operation
ZS/13859 Note & File 7.1.3 Manager of Urban Site Plan Approval, Dr. Daniel Liem, T.R. Liem Inc., Design 3719 Walker Rd., Addition to existing building
ZS/13860 Note & File 7.1.4 Manager of Urban Site Plan Approval, Hotel-Dieu Grace Healthcare, Design 1427 Prince Rd., New greenhouse Transition to Betterness (Phase 1) with a community kitchen (Phase 2)
ZS/13857 Note & File 7.1.5 Manager of Urban Site Plan Approval, The Corporation of the City of Design Windsor, 125 Tecumseh Rd. E., Jackson Park green house complex
ZS/13871 Note & File
Consolidated Agenda - July 27, 2020 Page 53 of 198 No. Sender Subject 7.1.6 City Application for Draft Plan of Planner/Executive Subdivision/Condominium, Luigi Albano, Albano Director Holdings Inc., Imperial Developments Inc., 2601817 Ontario Ltd., J. Rauti Developments Inc., 3638-3738 Howard Ave., Application to approve a Plan of Subdivision with 86 residential units
ZP/13865 Note & File
Consolidated Agenda - July 27, 2020 Page 54 of 198 Item No. 7.1.1
From: Stephanie Allman Sent: Monday, July 20, 2020 3:21 PM Subject: FW: EB-2020-0095 - Enbridge Gas Inc. - 2021 Rate Application - Notice of Application
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Further to the email below, due to the size of the evidence filed in this proceeding some may not have received this email.
To view the evidence in this proceeding, please visit the link below, click on Rate Cases and QRAMS, and 2021 Rate Application. https://www.enbridgegas.com/Regulatory-Proceedings
The date to become a registered intervenor is August 5, 2020.
Thank you,
Stephanie Allman Regulatory Coordinator – Regulatory Affairs
ENBRIDGE GAS INC. TEL: 416 753-7805 | FAX: 416 495-6072 500 Consumers Road North York, Ontario M2J 1P8 enbridgegas.com Integrity. Safety. Respect.
From: Stephanie Allman Sent: Monday, July 20, 2020 3:03 PM Subject: EB-2020-0095 - Enbridge Gas Inc. - 2021 Rate Application - Notice of Application
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To: The clerks of all municipalities in which Enbridge Gas supplies gas
On June 30, 2020, Enbridge Gas filed an application with the Board for an order or orders approving or fixing just and reasonable rates and other charges for the sale, distribution, transmission and storage of gas as of January 1, 2021.
On July 15, 2020, the Board issued the Notice of Application and the Letter of Direction for the proceeding. The Board has directed Enbridge Gas to serve a copy of the Notice of Application along with Enbridge Gas’ Application and evidence to the clerks of all municipalities in which Enbridge Gas supplies gas.
Consolidated Agenda - July 27, 2020 Page 55 of 198 Attached please find a copy of the Board’s Notice of Application along with Enbridge Gas’ Application as filed with the Board for the 20201 Rate Application. A paper copy of the Evidence filed in this proceeding is available upon request or can be viewed by accessing the link below: https://www.enbridgegas.com/2021 Rates Notice EN https://www.enbridgegas.com/2021 Rates Notice FR
The deadline to become a registered intervenor is August 5, 2020.
Thank you,
Stephanie Allman Regulatory Coordinator – Regulatory Affairs
ENBRIDGE GAS INC. TEL: 416 753-7805 | FAX: 416 495-6072
500 Consumers Road North York, Ontario M2J 1P8 enbridgegas.com Integrity. Safety. Respect.
Consolidated Agenda - July 27, 2020 Page 56 of 198
ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF ENBRIDGE GAS INC.
Enbridge Gas Inc. has applied to raise its natural gas rates effective January 1, 2021
Learn more. Have your say.
Enbridge Gas Inc. has applied to the Ontario Energy Board for approval to raise its natural gas rates effective January 1, 2021, based on a rate-setting framework and other adjustments previously approved by the Ontario Energy Board for the period 2019-2023. The rates are set using a formula that is tied to inflation and other factors intended to promote efficiency. If the request is approved, a typical residential customer in the EGD Rate Zone and in the Union Rate Zones (former customers of Enbridge Gas Distribution Inc. and Union Gas Limited, respectively) would see the following increases:
Rate Zones Residential Annual Bill Increase EGD $ 1.99 Union South $ 8.91 Union North East $ 10.72 Union North West $ 10.40
Other customers may be affected. It is important to review the application carefully to determine whether you will be affected by the changes. THE ONTARIO ENERGY BOARD IS HOLDING A PUBLIC HEARING The Ontario Energy Board (OEB) will hold a public hearing to consider the application filed by Enbridge Gas Inc. We will question Enbridge Gas Inc. on the case. We will also hear questions and arguments from individual customers and from groups that represent the customers of Enbridge Gas Inc. At the end of this hearing, the OEB will decide whether the rate increase requested in the application will be approved. The OEB is an independent and impartial public agency. We make decisions that serve the public interest. Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review the application filed by Enbridge Gas Inc. on the OEB’s website now. • You can file a letter with your comments, which will be considered during the hearing. • You can become an active participant (called an intervenor). Apply by August 5, 2020 or the hearing will go ahead without you and you will not receive any further notice of the proceeding. • At the end of the process, you can review the OEB’s decision and its reasons on our website. LEARN MORE Our file number for this case is EB-2020-0095. To learn more about this hearing, find instructions on how to file letters or become an intervenor, or to access any document related to this case, please enter the file number EB-2020-0095 on the OEB website: www.oeb.ca/participate. You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS. WRITTEN HEARINGS There are two types of OEB hearings – oral and written. The OEB will determine at a later date whether to proceed by way of a written or oral hearing. If you think an oral hearing is needed, you can write to the OEB to explain why by August 5, 2020. PRIVACY If you write a letter of comment, your name and the content of your letter will be put on the public record and the OEB website. However, your personal telephone number, home address and e-mail address will be removed. If you are a business, all your information will remain public. If you apply to become an intervenor, all information will be public. This hearing will be held under section 36 of the Ontario Energy Board Act, S.O. 1998 c.15 (Schedule B).
Ontario Energy Commission de l’énergie ConsolidatedBoard Agendade l’Ontario - July 27, 2020 Page 57 of 198 Item No. 7.1.2
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Council Report: C 149/2020
Subject: Application for a Cannabis Retail Store Authorization at 3514 Walker Road, Unit 2 - Ward 9
Reference: Date to Council: July 27, 2020 Author: Onorio Colucci Chief Administrative Officer 519-255-6439 [email protected] CAO Office Report Date: 7/17/2020 Clerk’s File #: GP/13047
To: Mayor and Members of City Council
Recommendation:
THAT City Council RECEIVE the collected comments as requested through CR534/2019 for information; and,
THAT City Council SUPPORT the Retail Cannabis Application requested by ‘High Profile’ located at 3514 Walker Road, Unit 2; OR
THAT City Council OPPOSE the Retail Cannabis Application requested by ‘High Profile’ located at 3514 Walker Road, Unit 2; and, THAT City Council DIRECT the Chief Administrative Officer to RETURN their decision along with this report and Appendices A and B to the Alcohol and Gaming Commission of Ontario for consideration regarding the Retail Cannabis Application and for delivery to the Applicant, ‘High Profile’ regarding the site located at 3514 Walker Road, Unit 2, no later than July 28, 2020.
Executive Summary:
N/A
Background:
On November 18, 2019, Council adopted CR534/2019, which directed Administration to canvas information from all necessary resources and bring it forward to Council in response to cannabis store applications within the City of Windsor. CR534/2019 also approved the Draft Municipal Cannabis Policy Statement Regarding the Location of
Consolidated Agenda - July 27, 2020 Page 140 of 198 Page 1 of 5 Proposed Stores for the Corporation of the City of Windsor. The resolutions and policy statement are included in Appendix C.
On July 14, 2020, The Corporation of the City of Windsor received a request for written submissions regarding an Application for a Cannabis Retail Store Authorization located at 3514 Walker Road, Unit 2 from the Alcohol and Gaming Commission of Ontario (AGCO). Submissions are provided to the Applicant for response and considered by the Registrar in the authorization decision.
Under the provisions of the Cannabis License Act, 2018, municipalities have 15 days to deliver written submissions. Administration has gathered comments and seeks direction from Council regarding this submission.
Discussion:
The Draft Municipal Cannabis Policy Statement provides guidelines to staff when commenting on requests for written submissions from the AGCO on specific cannabis retail sites. Sites should be opposed where a site is within:
150m of another cannabis retail store;
a publicly owned and or operated community facility (schools, recreation facilities, community centres, libraries, play grounds, parks);
150m of an addiction treatment centre; or
an area where retail operations are not listed as a permitted use under the City of Windsor’s Zoning By-laws.
The policy also calls for consideration of other applicable laws, including the Planning Act, 1998 and Building Code Act, 1992.
To deliver comments, the following municipal departments and local government agencies were consulted:
Windsor Police Service
Comments from the Windsor Police Service are included in Appendix A, Public Safety Impact Assessment, 3514 Walker Road, Unit 2, Windsor Police Service.
Windsor-Essex County Health Unit
Comments from the Windsor-Essex County Health Unit are included in Appendix B, Public Health Assessment, 3514 Walker Road, Unit 2, Windsor-Essex County Health Unit.
Consolidated Agenda - July 27, 2020 Page 141 of 198 Page 2 of 5 The Corporation City of Windsor
Department of Community Development and Health Services
Community Development & Health Services (CDHS) is committed to enhancing the quality of life of individuals and families in Windsor and Essex County. As outlined in the City of Windsor's Draft Municipal Cannabis Policy Statement, proposed locations should have consideration for the protection of youth and other vulnerable individuals. The proposed AGCO Cannabis Retail Store Application for 3514 Walker Road, Unit 2 is located directly across the right-of-way from Kinder Academy. Kinder Academy, located at 3511 Walker Road, is within 150 metres (35m) and operates as a licensed child care centre providing a secure, enriching, stimulating, and loving environment that promotes and encourages up to 188 children ages 0 to 13 to learn at their own pace.
Legal Department
There are no legal issues related to this application at this time.
Department of Parks, Recreation & Culture and Facilities
The proposed AGCO Cannabis Store application located at 3514 Walker Road, Unit 2 is not located within 150 metres of any parks and/or recreation facilities.
However, the following parks and/or recreation facilities are located within 500 metres of the proposed location: Calderwood Park – 1859 Calderwood Avenue Walker Homesite Bike Trail – 1723 Seymour Boulevard
Windsor Fire and Rescue Services
WFRS does not have any concerns with the location of this application.
An inspection prior to opening is required to identify the location and quantity of the product and any special hazards.
Planning & Development Services
The parcel located at 3514 Walker Road, Unit 2 is zoned Commercial CD3.3 which permits the proposed retail store.
Any renovations undertaken must comply with all applicable law, including Cannabis License Act, 2018 regulations, as well as the Building Code Act, 1992 and the Ontario Building Code. Applicants should consult with Development Services staff regarding necessary approvals, permits and inspections.
Building Services
The space proposing to be occupied by a retail store at 3514 Walker Road, Unit 2 may require a building permit, complete with applicable drawings and documents, as outlined in Building By-law 49-2018.
Consolidated Agenda - July 27, 2020 Page 142 of 198 Page 3 of 5
It is strongly recommended that the owner and/or applicant contact the Building Division to determine any permit needs.
Risk Analysis:
Comments to the AGCO must be submitted by the municipality within 15 days. If submissions are not received within this period, they will not be considered. However, the AGCO is the provincial authority in cannabis retail licenses and The Corporation of the City of Windsor has no recourse if the AGCO issues a license despite any objections made.
Financial Matters:
N/A
Consultations:
Barry Horrobin, Director of Planning & Physical Resources, Windsor Police Service
Theresa Marentette, Chief Executive Officer, Windsor Essex County Health Unit
Jelena Payne, Commissioner, Community Development & Health Services – City of Windsor
Stephen Lynn, Manager, Social Policy & Planning – City of Windsor
Susan Hirota, Senior Legal Counsel – City of Windsor
James Chacko, Senior Manager, Parks – City of Windsor
John Lee, Chief Fire Prevention Officer – City of Windsor
George Robinson, Planner II – Revitalization and Policy Initiatives – City of Windsor
Barbara Rusan, Manager, Policy & Regulatory Services – City of Windsor
Joe Baker, Manager, Permit Services / Deputy Chief Building Official – City of Windsor
Jude Malott, Executive Initiatives Coordinator for Office of the City Solicitor – City of Windsor Conclusion:
As noted by Community Development & Health Services, the proposed AGCO Cannabis Retail Store application ‘High Profile’ located at 3514 Walker Road, Unit 2 is within 150 metres of Kinder Academy, a licensed child care centre, located at 3511 Walker Road (35m). While this does not constitute a direct conflict with the Municipal Cannabis Policy Statement, the policy statement does indicate that “retail cannabis stores are discouraged where nearby properties are servicing youth and vulnerable individuals” (Appendix C).
Consolidated Agenda - July 27, 2020 Page 143 of 198 Page 4 of 5
Consideration may also be given by Council to concerns raised by the Windsor Police Service (Appendix A) and the Windsor-Essex County Health Unit (Appendix B).
Planning Act Matters:
N/A
Approvals: Name Title
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A - Public Safety Impact Assessment - 3514 Walker Road, Unit 2 - Windsor Police Service 2 Appendix B - Public Health Assessment - 3514 Walker Road, Unit 2 - Windsor- Essex County Health Unit 3 Appendix C - CR534_2019 and Cannabis Policy Statement
Consolidated Agenda - July 27, 2020 Page 144 of 198 Page 5 of 5
PUBLIC SAFETY IMPACT ASSESSMENT
Proposed New Cannabis Retail Store 3514 Walker Road – Windsor, Ontario
Prepared by: Barry Horrobin, B.A., M.A., CLEP, CMM-III Director of Planning & Physical Resources – WINDSOR POLICE SERVICE
The following is a summary of observations, public safety issues that should be addressed, and recommended actions to be taken regarding the physical safety and security conditions associated with the proposed new Cannabis retail store to be located in southeast Windsor. Information provided here is based on the universally known principles of crime prevention through environmental design (CPTED) and both vehicular and pedestrian traffic impact, according to prevailing data and known experience in forecasting public safety impacts.
KEY UNDERLYING CONDITIONS & IMPORTANT SAFETY DRIVERS
Situational Safety & Criminogenic Conditions
The property is situated in the city’s southeast end, within an area having generally high amounts of vehicular traffic. Specifically, its physical placement and orientation in relation to surrounding land uses, amid these high traffic loads, does present some potential public safety challenges that may need to be addressed, namely:
The physical placement of the store property fronts busy Walker Road, adjacent to other commercial land uses and low density residences. Visibility from Walker Road is very good, with plenty of space to accommodate ongoing vehicular and pedestrian traffic.
The proposed site is directly accessible from Walker Road from more than one access point, helping to manage traffic on and off the site in a safe manner.
The rear of the store backs directly onto a residential neighbourhood that is somewhat accessible by pedestrians. This could facilitate trespassing and loitering if not managed.
PUBLIC SAFETY IMPACT ASSESSMENT – Proposed New Cannabis Retail Store July 2020
Consolidated Agenda - July 27, 2020 Page 145 of 198
Property is situated between two active commercial properties, fronting busy Walker Road and backs onto a low density residential neighbourhood
The very nature of the business (sales of Cannabis products) warrants a high degree of target hardening security features, above what a more conventional retail business may require, in order to prevent criminal activity from germinating. This should come in the form of higher security locking hardware, high resolution CCTV recording capability, a security alarm system, robust illumination levels and clear instructional signage.
Proposed new retail store has good visibility from Walker Road but there is a dark
and discrete space on the south side where loitering could establish
PUBLIC SAFETY IMPACT ASSESSMENT – Proposed New Cannabis Retail Store July 2020
Consolidated Agenda - July 27, 2020 Page 146 of 198
Most Anticipated Public Safety Challenges
This assessment has identified the most likely public safety issues/challenges that are anticipated, requiring the attention of the Windsor Police Service. These need to be recognized and acknowledged if any corresponding course of action is to be successful at establishing and maintaining safety, security, and general public order. In no particular order these are:
LOITERING
Loitering in general represents a fundamental root cause for elevated safety concerns and reduced perceptions of safety and comfort by all stakeholders – if permitted to occur. It therefore needs to be addressed properly as the site is redeveloped. The most likely risk for loitering to develop is if individuals are permitted to wander toward the isolated south side of the building or in behind it, where it abuts residential properties. Sustained loitering acts as a conduit to potentially more dangerous offenses and situations that impair safety and therefore needs to be prevented as much as possible.
TRAFFIC CONGESTION & RELATED ROADWAY SAFETY
With multiple vehicular access points available for the site, traffic safety issues are not anticipated to be problematic. However the popularity of the store could still impact things to some degree, requiring some enforcement activities from time to time, as necessary. Traffic safety is critical to maintain the functional operation along this busy stretch of Walker Road.
Summary of Police Incident Data at Sites Within the Immediate Area
An examination of police incident response data for the 3500 block of Walker Road where the subject store is to be located was examined. The data revealed the following:
YEAR NUMBER OF POLICE CALLS: 3500 Block of Walker Road
2017 16
2018 42
2019 26
2020 8 (as of July 12th) – COVID Impacted
Yearly Average 28 police calls
PUBLIC SAFETY IMPACT ASSESSMENT – Proposed New Cannabis Retail Store July 2020
Consolidated Agenda - July 27, 2020 Page 147 of 198
This section of Walker Road generates a relatively modest quantity of incidents on an annual basis, with the nature of these incidents typically involving activities such as motor vehicle accidents, alarm activations, suspicious autos, and various driving offenses.
In recognition of this existing criminogenic profile, it will be important to ensure any police- generated activity arising out of the operation of the new Cannabis retail store can be properly managed to maintain public safety for the area.
Primary Drivers of Safety
Establishing and maintaining a suitably high level of public safety and security for a high profile commercial business such as this, inclusive of all its users, should form the basis for any decisions made hereafter that impact such. To optimize user comfort and enjoyment, and to optimize the facility’s social and economic value to the community, this must be the goal. In this regard, the following drivers of safety should guide decisions that need to be considered:
All employees feel safe to do their jobs and serve customers of the facility
Customers, who represent a critical success component in this facility’s ongoing operations, must also feel safe while attending the business and traveling to and from it
The community’s perception of this important economic asset relies heavily on its sustained reputation as a place that is comfortable, enjoyable, and SAFE
SUGGESTIONS TO ADDRESS SAFETY & SECURITY
The following suggestions, in no particular order, are offered for consideration from a public safety optimization, threat and risk mitigation, and general safety and security perspective. These ideas are intended to specifically address the three (3) key areas outlined by the AGCO to be considered according to the Cannabis Licence Act 2018; namely:
1. Protecting public health and safety 2. Protecting youth and restricting their access to cannabis 3. Preventing illicit activities in relation to cannabis
1. The property, presumably, will be subject to a comprehensive site/building plan review and approval process. This is critically important to permit the Police to thoroughly review all the many physical site and building features for the store and its surrounding lands. In addition to the site plan, the Windsor Police Service will need to review the following:
PUBLIC SAFETY IMPACT ASSESSMENT – Proposed New Cannabis Retail Store July 2020
Consolidated Agenda - July 27, 2020 Page 148 of 198
o Detailed photometric plan depicting all illumination levels for the property o Architectural elevation drawings of all sides of the building o Detailed landscape design plan, inclusive of proposed signage to be used
2. A comprehensive set of building floor plans to enable the Windsor Police Service to prepare operational incident response plans for situations where an elevated police emergency response is required.
3. Copies of any company working procedures for managing crowds, dealing with unruly behaviour, managing activity in their parking lot, etc.
SUMMARY
The results of the public safety impact assessment point to situational realities that affect safety and security in and around the site of the proposed new cannabis retail store. If proper diligence is followed, any potential negative consequences of the store’s operation will be minimized, helping to safeguard the business and the community at large against problematic activity that could diminish the social and economic value of this new business.
20 July 2020
PUBLIC SAFETY IMPACT ASSESSMENT – Proposed New Cannabis Retail Store July 2020
Consolidated Agenda - July 27, 2020 Page 149 of 198
July 10, 2020
Mr. Onorio Colucci Chief Administrative Officer The Corporation of the City of Windsor 350 City Hall Square West, 5th Floor P.O. Box 1607 Windsor, ON N9A 6S1
Dear Mr. Colucci:
Proposed cannabis retailer in the City of Windsor, located at 3514 Walker Road, Windsor
The Windsor-Essex County Health Unit (WECHU) is writing in response to the recent pending approval of the Cannabis Retail Store Authorization application located at 3514 Walker Road, Windsor. Should you wish to review this location and provide feedback to the Alcohol and Gaming Commission of Ontario during the public consultation period, the following considerations may assist in determining whether it poses a risk to public health and safety, and exposure/access to youth and other vulnerable populations in the City of Windsor.
At this time, the Ontario Regulation (O. Reg) 468/18 under the Cannabis Licence Act does not allow for a cannabis retail store to be located within 150 metres from a school or private school as defined in the Education Act; however, there are no other restrictions imposed from other sensitive use lands (e.g. daycares, playgrounds, mental health and addictions facilities). Additionally, municipalities are currently prohibited from using licensing or land-use by-laws to control the placement or number of cannabis retail outlets. Having a strong Policy Statement and providing feedback to the Alcohol Gaming Commission of Ontario is one way that the City of Windsor could reduce any risk to public health and safety.
Public Health Considerations and WECHU Recommendations for Cannabis Retail
When considering a location for a cannabis retailer, special consideration needs to be given to vulnerable populations (e.g., children and youth, those already struggling with substance addictions, etc.) and the inequitable impact that a chosen site location may have on particular populations within your community. It has been well established that closer retail outlet proximity to sensitive use spaces increases normalization among vulnerable populations.1,2 In addition, retail outlet proximity to youth-serving facilities normalizes and increases substance use.3,4 By supporting a more effective minimum distance requirement from youth-serving facilities such as schools, child care centres, libraries, and community centres, municipalities can prevent the role-modeling of cannabis use and reduce youth access.5,6,7
In order to minimize the potential for vulnerable populations to access cannabis and reduce public exposure to environmental cannabis smoke, the WECHU recommends the following:
That cannabis-related businesses be no less than 500 metres from any school, library, park, recreational centre and any other youth-serving facility. That cannabis-related businesses be no less than 500 metres from addiction and mental health facilities, hospitals and places of worship.
Consolidated Agenda - July 27, 2020 Page 150 of 198
That cannabis-related businesses be no less than 500 metres from any alcohol, tobacco, or other cannabis- related business.
The following is a summary of the sensitive land use or areas of concern, located within 150 metres, 250 metres, or 500 metres of the proposed store at 3514 Walker Road, Windsor. A visual map is also attached.
Sensitive Land Use or Name Address Distance from Area of Concern Retailer (metres)
Childcare centre or school KINDER ACADEMY 3511 Walker Rd, Windsor, N8W 3S6 150
Tobacco & E-cigarettes PIONEER VERVE 3472 Walker Rd, Windsor, N8W 3S3 150
Park and playground CALDERWOOD PARK 1859 Calderwood Avenue, Windsor 500
WALKER HOMESITE Park and playground BIKEPATH 1723 Seymour Blvd, Windsor 500
Tobacco & E-cigarettes P-JAY'S VIDEO VARIETY 3395 Walker Rd, Windsor, N8W 3R9 500
CATHY'S DANCE STUDIO Youth-serving facility INC 2220 Foster Ave , Windsor, N8W 5C9 500
THE HIGHER CANNABIS Cannabis* COMPANY 3407 Walker Rd, Windsor, N8W 3S2 500
*Proposed Cannabis Retail store
In addition to the abovementioned areas of concern, the proposed cannabis retailer is also located within a residential area experiencing moderate to high levels of social inequity using a validated measure of inequity.
Should the City of Windsor wish to provide feedback regarding this application to the Registrar of the Alcohol and Gaming Commission, the WECHU is able to provide additional consultation and support. If you have any questions, would like to discuss these recommendations, or if you are interested in enhancing your current policy statement, I would be happy to arrange a meeting by phone or in person at your earliest convenience.
Thank you,
Theresa Marentette, RN, MSc, Chief Executive Officer, Chief Nursing Officer Windsor Essex County Health Unit 1005 Ouellette Avenue, Windsor, N9A 4J8 Ph. 519-258-2146 ext. 1475 Fx. 519-258-6003 [email protected]
Encl.
Consolidated Agenda - July 27, 2020 Page 151 of 198
References
1. Liem, S. (2018). Alcohol policy review: Opportunities for Ontario municipalities. Retrieved from http://opha.on.ca/getmedia/4e8f860f-6e34-4036-9fa6-a1311a35852e/Alcohol-Policy-Review-Full-Report- Final.pdf.aspx 2. Ontario Public Health Association. (2015b). OPHA Issue Series: Alcohol Marketing & Advertising. Strategies to Reduce Alcohol-Related Harms and Costs in Ontario. Retrieved from http://opha.on.ca/getmedia/23a643ff-6899-4846-920f-7440631c92ac/Marketing-Advertising-Alcohol- OPHA-Issue-Series-2015.pdf.aspx 3. U.S. Department of Health and Human Services. (2016). Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health. Retrieved from https://addiction.surgeongeneral.gov/surgeon- generals- report.pdf 4. Canadian Paediatric Society (2016). Cannabis and Canada’s children and youth. Retrieved from https://www.cps.ca/en/documents/position/cannabis-children-and-youth 5. Ibid 6. Government of Canada. (2016). A framework for the legalization and regulation of cannabis in Canada: The final report of the task force on cannabis legalization and regulation. Retrieved from http://www.healthycanadians.gc.ca/task-force-marijuana-groupe- etude/framework-cadre/alt/framework- cadre-eng.pdf 7. Association of Municipalities of Ontario (2018). Municipal Cannabis Updater – Information to Help Municipal Staff Prepare Reports for Councils. Retrieved From https://www.amo.on.ca/AMO-PDFs/Cannabis/Draft- Template-Municipal-Cannabis-Policy-Statement.aspx
Consolidated Agenda - July 27, 2020 Page 152 of 198
Map of Sensitive Land Use Areas within 500m of Proposed Cannabis Retailer at 3514 Walker Road, Windsor
Consolidated Agenda - July 27, 2020 Page 153 of 198 OFFICE OF THE CITY CLERK
COUNCIL SERVICES
Phone: (519)255-6211 CITY HALL WINDSOR, ONTARIO Fax: (519)255-6868 N9A 6S1 E-mail: [email protected] WEBSITE: www.citywindsor.ca
City Council Decision Monday, November 18, 2019
Moved by: Councillor Gignac Seconded by: Councillor Holt
Decision Number: CR531/2019 That the following Communication Items 7.1.1 through 7.1.8, 7.1.10, 7.1.11, 7.1.13, and 7.1.15 through 7.1.25 inclusive as set forth in the Council Agenda BE REFERRED as noted, and that Item 7.1.14, 7.1.9, and 7.1.12 be dealt with as follows:
7.1.14 Application for Cannabis Retail Store Authorization for Rose City Cannabis provided to Alcohol and Gaming Commission of Ontario, 545 Ouellette Avenue, File Number 723929
Moved by: Councillor Gignac Seconded by: Councillor Bortolin
Decision Number: CR532/2019 That Rule 13.9 of the Procedure By-law BE WAIVED to introduce a motion for reconsideration of CR9/2019, which pertains to the delegation to administration of providing comments to the AGCO in respect to any applications for a retail cannabis license. Carried.
Moved by: Councillor Bortolin Seconded by: Councillor Mckenzie
Decision Number: CR533/2019 That CR9/2019 as follows, which was adopted on January 21, 2019 BE RECONSIDERED: I That Council resolves that The Corporation of the City of Windsor SHALL ALLOW cannabis retail stores to be located in the municipality; and,
II. That Council ADOPTS the Policy Statement contained at Appendix “F” as a statement of the City’s guiding principles with respect to the
Consolidated Agenda - July 27, 2020 Page 154 of 198 OFFICE OF THE CITY CLERK
COUNCIL SERVICES
Phone: (519)255-6211 CITY HALL WINDSOR, ONTARIO Fax: (519)255-6868 N9A 6S1 E-mail: [email protected] WEBSITE: www.citywindsor.ca
location of any cannabis store in the municipality, for the purposes of provision of comment to AGCO in respect of any proposed location; and,
III. That Authority BE DELEGATED to the City Planner and Executive Director of Development Services to provide comments to the AGCO in respect of any application for a retail cannabis licence after engaging all necessary technical resources to review the application, and in accordance with the Policy Statement; and,
IV. That any responses provided to AGCO in respect of any application for a retail cannabis license BE POSTED to the City’s website in the interests of openness and transparency; and,
V. That Administration BE DIRECTED to report on the financial impacts of cannabis retail in the 2020 budget process; and further,
VI. That the City of Windsor OPPOSE the establishment of cannabis retail stores within 150 metres of an addiction treatment centre (amending bullet point 1.iii in the Draft Municipal Policy Statement). Carried. Clerk’s File: GP/13047
Moved by: Councillor Bortolin Seconded by: Councillor Francis
Decision Number: CR534/2019 I That Council resolves that The Corporation of the City of Windsor SHALL ALLOW cannabis retail stores to be located in the municipality; and,
II. That Council ADOPTS the Policy Statement contained at Appendix “F” as a statement of the City’s guiding principles with respect to the location of any cannabis store in the municipality, for the purposes of provision of comment to AGCO in respect of any proposed location; and,
III. That in response to any future applications for a retail cannabis store licence for this term of Council, after engaging to review the application, that Administration BE REQUESTED to canvas information from all necessary technical resources, the surrounding Business Improvement Areas (BIA’s) and surrounding property owners and that the information BE BROUGHT FORWARD to City Council, at a special meeting if
Consolidated Agenda - July 27, 2020 Page 155 of 198 OFFICE OF THE CITY CLERK
COUNCIL SERVICES
Phone: (519)255-6211 CITY HALL WINDSOR, ONTARIO Fax: (519)255-6868 N9A 6S1 E-mail: [email protected] WEBSITE: www.citywindsor.ca
necessary, to provide comments to the AGCO in accordance with the Policy Statement; and,
IV. That any responses provided to AGCO in respect of any application for a retail cannabis license BE POSTED to the City’s website in the interests of openness and transparency; and,
V. That Administration BE DIRECTED to report on the financial impacts of cannabis retail in the 2020 budget process; and further,
VI. That the City of Windsor OPPOSE the establishment of cannabis retail stores within 150 metres of an addiction treatment centre (amending bullet point 1.iii in the Draft Municipal Policy Statement). Carried. Clerk’s File: GP/13047
Consolidated Agenda - July 27, 2020 Page 156 of 198 CR533/2019 & CR534/2019 - Item 7.1.14 – Appendix F of CR9/2019
DRAFT FOR DISCUSSION
Municipal Cannabis Policy Statement Regarding the Location of Proposed Retail Stores for the Corporation of The City of Windsor
Purpose:
The purpose of this policy statement is to act as a tool to assist the Municipality when evaluating the location of any recreational cannabis retailer store proposed within the City of Windsor. This policy statement is being adopted by City Council in support of their decision to opt in to the selling of recreational cannabis as per Ontario Regulation 468/18.
Applications for a license to operate a recreational cannabis retail store must be approved by the Alcohol and Gaming Commission of Ontario (AGCO). The AGCO has expressed that they will provide a 15-day window for the municipality to issue any comments with respect to any proposed retail store.
It is important to note that this policy statement has no legal basis. The AGCO is the provincial authority that licenses cannabis retail operators, authorizes cannabis retail locations and licenses senior store staff. The City of Windsor will have no licensing authority and will have no recourse if the AGCO issues a license despite any objections by the municipality.
The Municipality of Windsor has chosen to allow retail sales of recreational cannabis. The following provides municipal staff with guidance on commenting to AGCO when a notice on a specific proposed cannabis retail site is provided on the site location.
Principles for Cannabis Retail Store Locations:
For the purposes of this policy statement, a cannabis retail store shall mean a store licensed by the AGCO.
1. Cannabis Retail Stores and Sensitive Land Uses and Activities:
In order to help ensure public health and safety, protecting youth and reducing illegal sales, retail cannabis stores are discouraged where nearby properties are servicing youth and vulnerable individuals. The City of Windsor has adopted the following guidelines:
i. the City’s opposition for those proposed cannabis retail sites where a site is: Consolidated Agenda - July 27, 2020 Page 157 of 198 1. Within 150 m of another cannabis retail store, so as to prevent undue clustering and concentration of such stores in one area; 2. Within any identified publicly owned and or operated community facility performing a public assembly function analogous to a school, such as recreational facilities, community centres, libraries, play grounds and public parks; ii. the City’s opposition where the site is in an area where a “Retail Use” is not listed as a permitted use in the City’s Zoning By-laws,
iii. that the Province have regard for concerns expressed by health and/or treatment service providers to the AGCO (including operators of shelters, group homes, addiction counselling or other independently managed health service) where the location of a cannabis retail store is within 150m of their establishment, iv. comments on any other relevant factors of local importance, and v. that the City’s responses to the AGCO be posted to the City’s website for accountability and transparency.
2. Relationship to Other Applicable Law:
Land Use Planning - The provincial licensing process does not remove the requirements to comply with the City of Windsor’s Zoning By-laws and other municipal planning documents. The definitions within the City of Windsor Official Plan and Zoning By-law are applicable to all retail, including cannabis retail stores. Retail sale of cannabis from a provincially licensed store will be legal provided that the existing zoning category on the parcel specifies that a “retail store” is a permitted use.
Municipal Building Inspections – While the licensing of the store operation is the responsibility of the AGCO, the Building Code applies to cannabis retail store locations. Therefore, where a building permit is required, the building inspector will undertake responsibilities as required. Fire Code compliance is also mandatory.
3. Consultation and Implementation:
It is recommended that the City Planner be delegated the authority to develop a process and identify the staff and technical resources that may be consulted during the 15 day window for municipal comment. Comments may only be submitted to the AGCO during the 15 day consultation period.
The technical resources referenced above will include a map that identifies all parcels zoned to permit a “Retail Store”. In addition, the map will identify the location of all: public and private schools; addiction treatment, harm reduction facilities and emergency shelters; municipal parks, and any other sensitive land uses where a separation from a proposed recreational cannabis retail store ought to be identified.
Municipal departments and external agencies that may be consulted during the 15 day window include but are not limited to: Consolidated Agenda - July 27, 2020 Page 158 of 198 Windsor Police Service Windsor-Essex County Health Unit City of Windsor Department of Community Development and Health City of Windsor Legal Department City of Windsor Department of Parks, Recreation and Culture Windsor Fire and Rescue Services City of Windsor Building Department
Consolidated Agenda - July 27, 2020 Page 159 of 198 Item No. 11.3
Council Report: C 153/2020
Subject: Format for Future City Council Meetings During the COVID-19 Pandemic and Response to CQ 18-2020 regarding allowing delegations to participate during future Council Meetings
Reference: Date to Council: July 27, 2020 Author: Valerie Critchley (519) 255-6100 ext 6434 [email protected]
Council Services Report Date: 7/21/2020 Clerk’s File #: MH/13786
To: Mayor and Members of City Council
Recommendation: 1. That Council APPROVE the following with respect to future meetings of City Council during the Novel Coronovirus (COVID 19) global pandemic, all in accordance with Bill 197, currently before the legislature of the Province of Ontario, all to be effective upon the date that Bill 197 is passed and proclaimed:
a. City Council extend the electronic participation rules applicable only during a declared emergency currently contained in the Procedure By-law, save and except the clause limiting delegations to written submissions, for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency;
b. City Council review the rules for electronic meetings contained in the Procedure By-law before the expiry of the recommended extensions; and,
c. City Council direct the City Clerk to prepare a report for City Council’s consideration with respect to proxies; 2. That Council APPROVE the concept of hybrid meetings of City Council which would allow both “in person” and electronic participation of Councillors, City Administration and the public at Council Meetings, such meetings to commence September 1, 2020 or upon the date that the City of Windsor moves to Stage 3 of the Provincial Re-opening Plan, whichever is later. 3. That, commencing August 1, 2020, public delegations BE ALLOWED to participate in City Council meetings electronically, or by written submission.
Consolidated Agenda - July 27, 2020 Page 160 of 198 Page 1 of 9 4. That, commencing September 1, 2020, or upon the date that the City of Windsor moves to Stage 3 of the Provincial Re-opening Plan, whichever is later, public delegations BE ALLOWED to participate in City Council meetings in person, electronically, or by written submission. 5. That all amendments that are necessary to effect clauses (a), (b) and (c) above BE MADE to the City of Windsor’s Procedure By-law #98-2011 as amended.
6. That the necessary amending by-law, attached as Appendix “B”, BE ENACTED.
Executive Summary:
N/A.
Background: Section 238(2) of the Municipal Act, 2001 provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings.
Windsor City Council, at its meeting held June 7, 2011 enacted By-law Number 98-2011 being a by-law to provide rules governing the proceedings of Windsor City Council meetings and its committees and the conduct of its members.
On November 16, 2016, Bill 68 – Modernizing Ontario’s Municipal Legislation Act, 2017 was introduced in response to the Province’s review of the Municipal Act, 2001 and the Municipal Conflict of Interest Act, 1990. On May 30, 2017, Bill 68 received Royal Assent. One of the changes that Bill 68 introduced was a provision allowing for electronic participation of members in a meeting open to the public, as long as any such members are not counted for quorum purposes.
In light of the COVID-19 pandemic, the Province of Ontario on Thursday, March 19, 2020 passed Bill 187 which provided for members of Council to participate electronically in open and closed sessions and to be counted towards quorum when an emergency has been declared.
Windsor City Council then approved amendments to the City of Windsor Procedure By- law 98-2011 to allow for electronic participation of Council members in Council meetings and to set the procedures for such meetings. These amendments were as follows:
a) The amendments would only apply in circumstances during which the City of Windsor remains under declaration of an emergency under s 4(1) of the Emergency Management and Civil Protection Act; b) The Chair of the Meeting (for Council meetings: The Mayor, or Acting Mayor under By-law 176-2018) must moderate the meeting; c) A definition of “electronic participation” will be added under Part I – Interpretation/Definition: “A council member who participates in a Council or committee meeting from a remote location by such electronic means or services as determined and provided by the Clerk, has the same rights and responsibilities as if he or she were in physical attendance, including that they shall count towards a quorum of
Consolidated Agenda - July 27, 2020 Page 161 of 198 Page 2 of 9 members and shall be permitted to participate in any portion of a meeting which is closed to the public”; d) Any member of Council who wishes to participate in a meeting electronically shall provide the City Clerk or the Deputy City Clerk a minimum of 24 hours’ notice where possible; e) Each member participating in a meeting electronically shall be available at least fifteen (15) minutes before the beginning of the meeting to assist staff in establishing the electronic connection; f) Each member participating in a meeting electronically will mute his or her electronic device when he or she is not speaking; g) The Chair will canvass Members participating electronically about their intention to speak to a matter on the floor and will notify each Member when it is his or her turn to speak; h) If there is participation via electronic means, voting shall occur via the “recorded vote” process; i) Member(s) participating electronically will be deemed to have left the meeting when they are no longer electronically connected to the meeting; j) Electronic participation would be permitted for Council, Standing Committees and if necessary, advisory committees; k) The Clerk shall be required to be physically present in the location where any meeting with electronic participation takes place; l) Delegates shall not be permitted to participate electronically. If circumstances do not allow a Delegate to appear in person, a written submission may be made in accordance with Section 10.11; m) All public Council meetings will continue to be streamed via Sliq Media Technologies on the City of Windsor website and will then be archived on the website for viewing on-demand as part of the city’s digital library. n) YourTV/Cogeco, along with all media outlets, will continue to be permitted to cover all public Council meetings in Council Chambers; o) As this new methodology unfolds, the proposed by-law amendments recognizes that electronic participants may be inadvertently disconnected, and that Administration will endeavor to limit such situations to the best of their abilities.
Passing these amendments has made it possible for Windsor City Council to continue to meet regularly during the pandemic. In fact, while the original regular Council Calendar for the period March 17 to July 17, 2020 had only 8 open meetings of Council scheduled, Council has actually held 12 open meetings in that time period..
Discussion: Pending Legislation:
While Bill 187 allowed for electronic participation of Council members which would count towards quorum, under the legislation, these virtual meetings were only to be allowed for as long as there was a declared state of emergency in the province and municipality. However, the Province has now introduced Bill 197 which proposes further amendments to the Municipal Act which will allow for electronic participation at Council meetings without the requirement of a declared emergency.
Consolidated Agenda - July 27, 2020 Page 162 of 198 Page 3 of 9 In addition, Bill 197 has introduced a further proposed amendment to the Municipal Act which would allow a member of Council to appoint another member of Council to act as proxy in their place when they are absent from a Council Meeting, subject to the following rules: 1. A member shall not appoint a proxy unless the proxyholder is a member of the same council as the appointing member. 2. A member shall not act as a proxy for more than one member of council at any one time. 3. The member appointing the proxy shall notify the clerk of the appointment in accordance with the process established by the clerk. 4. For the purpose of determining whether or not a quorum of members is present at any point in time, a proxyholder shall be counted as one member and shall not be counted as both the appointing member and the proxyholder. 5. A proxy shall be revoked if the appointing member or the proxyholder requests that the proxy be revoked and complies with the proxy revocation process established by the clerk. 6. Where a recorded vote is requested under section 246, the clerk shall record the name of each proxyholder, the name of the member of council for whom the proxyholder is voting and the vote cast on behalf of that member; and 7. A member who appoints a proxy for a meeting shall be considered absent from the meeting for the purposes of determining whether the office of the member is vacant under clause 259 (1) (c).
Currently, Bill 197 has received two readings in the Legislature and, at the time of writing this report, has not yet been passed or proclaimed.
With respect to the amendments related to proxy voting, it is the recommendation of Administration that Council direct a further report to be brought to Council for its consideration regarding fulsome procedures that could be put in place in order to implement this change. Such direction will allow Administration the time to confer with other municipalities as procedures are developed across the Province in order to ensure that best practices are presented to City Council for consideration.
Regarding the extension of the electronic participation amendments to the Municipal Act, Council must consider if it wishes to extend the ability to meet electronically and what format the meetings will take.
Current Meeting Format: Format:
As Council is aware, since March 17, 2020, given the restrictions on the number of persons who could attend a public gathering in person (first 5 persons and now 10), the City chose to implement fully electronic meetings. Initially these meetings were held via teleconference for both open and in camera meetings. In order to ensure transparency,
Consolidated Agenda - July 27, 2020 Page 163 of 198 Page 4 of 9 the audio for the open meetings was broadcast via the City’s live stream accessible through the City website.
As comfort with electronic meetings progressed, the City moved to implementation of open session video meetings, first via the WebEx platform and latterly via the Zoom Meeting platform. For security reasons, the in camera meetings have continued to be held via teleconference.
In addition to City Council meetings, Council Standing Committees and many Advisory Committees have met, either via the video meeting formal or by teleconference. Delegations:
As Council is aware, during the time that the City has been holding electronic meetings, “live” delegations have only been accommodated for the Development & Heritage Standing Committee of Council as that meeting is the statutory public meeting pursuant to the Planning Act.
Live delegations have not been accommodated for City Council Meetings and this approach was taken for a variety of reasons. The inclusion of “live” delegations make the technical management of the meetings quite challenging and labour intensive. For example, during a video meeting, delegations all have to be managed by staff in the “waiting room” function which can be difficult with citizens that may not be technologically savvy. Such management takes a dedicated staff member to ensure that delegations exit and enter the meeting smoothly and successfully. In addition, if delegations have video or other presentations another dedicated staff member is required to load and manage those items. Increased IT support is also required for these meetings as the connections with delegations have to be tested ahead of time to ensure all will run without error in the meeting. This process can take up to two hours prior to a meeting.
As a result, citizens have been encouraged to make written submissions which then get included on the Order of Business and the public record. In this way, people can participate in the issue and are actually more free to do so as they are not limited to the five minute delegation maximum. As all members of Council have and read this information prior to the meeting, if there is any delegate material that a Councillor would like to highlight during the meeting, that can also be done.
However, moving forward, and as the reality of the ongoing nature of the global pandemic continues, Administration recognizes that any future meeting format should include provisions for live delegations, which will be discussed below.
Future Meeting Format:
As the Province moves forward with its re-opening plan, and given the proposed amendments to the Municipal Act contained in Bill 197, consideration needs to be given to the format that future meetings of City Council will take.
Administration has identified three options for the format of future meetings:
a) Continue with solely electronic, video meetings:
Consolidated Agenda - July 27, 2020 Page 164 of 198 Page 5 of 9 In this option, open meetings would continue solely in the Zoom Meeting format, however, live delegations would be accommodated commencing in August, 2020. In Camera Meetings would continue to be held via teleconference.
Council Services has polled other large Cities and Regions across the Province and to date, of the Cities that have responded, those that plan to continue with solely electronic meetings are:
City of Guelph
City of Cambridge
City of Waterloo
Oxford County b) Re-instate in person Council Meetings, held in the Council Chambers:
Once the City of Windsor enters Stage 3 of the Provincial re-opening plan, it will be possible for public gatherings of up to 50 people to be held (noting that this number does not include employees of the entity holding the meeting and so would exclude Administration). Therefore, in person City Council meetings could resume, however, social distancing rules must still be maintained and so participants in any such meeting will need to maintain a distance of 6 feet from one another.
In anticipation of moving to Stage 3 of the Provincial re-opening plan, Administration has evaluated the space parameters of the Council Chambers and has determined that a total of 63 persons can be present in the Chambers while maintaining social distancing. This number is comprised of 38 people in the public gallery (including those seated at the media and delegation tables) and 25 in the Council/Administration area of Chambers (please refer to the diagram attached as Appendix A) to this report.
A further breakdown of the possible composition of attendees at a Council Meeting is as follows:
Council/ Administration Area:
Mayor & Councillors - 11
CLT Members - 7
Deputy Clerk - 1
TOTAL 19
Consolidated Agenda - July 27, 2020 Page 165 of 198 Page 6 of 9
Public Gallery
Media – 4
City IT Support – 1
Windsor Police Services 1
TOTAL 6
As there is only room for 25 people in the Council/Administration area of the Chambers, there would only be room for an additional 6 members of Administration to attend the meetings in person. Alternatively, members of Administration could attend in the Public Gallery which would currently allow for 32 additional people, however using the space in that way would then limit the number of attendees from the public.
Further, it is recognized that, until there is a vaccine for COVID 19, there will be risk of community spread of the virus and that in person attendance at any public function, even with social distancing rules in place, should be undertaken with care and consideration. Should Council decide to re-instate public meetings in the Council Chambers, all recommended Health & Safety measures must be implemented such as:
i. Clear demarcation of where attendees can sit to maintain a 6 foot separation;
ii. Directional arrows throughout the Chambers to control traffic control to further maintain social distancing;
iii. Cleaning and disinfection of the delegation areas between every delegate;
iv. Regular cleaning of the common touch areas of the Chambers; and
v. Registration of the names of all attendees of each meeting for contract tracing purposes should the need arise.
Council Services is unaware of any large City or Region that is planning to return solely to in person, public meetings.
With respect to In Camera Meetings, the In Camera meeting room will only accommodate 10-12 people once social distancing measures are implemented. Usually there are 18-20 people at any given In Camera Meeting. c) Implement a “hybrid” approach of both electronic and in person attendance:
A third option would be to implement a hybrid approach in which persons wishing to attend Council meetings in person could do so, subject to the limitations noted in option (b) above and those who prefer to participate electronically could also choose that option. Further, delegates could attend electronically or in person.
Consolidated Agenda - July 27, 2020 Page 166 of 198 Page 7 of 9 For in camera meetings, Councillors and Administration could attend either via teleconference or in person at City Hall.
This “hybrid” option is being adopted or considered by several municipalities across the province including:
Region of Waterloo
Region of Halton
City of Toronto
Thunder Bay
City of Markham (may choose to go virtual only due to physical limitations of its Council Chambers)
City of Kitchener (may choose to go virtual only due to physical limitations of its Council Chambers)
Given the options available, Administration recommends that City Council approve the hybrid meeting option for open City Council Meetings and In Camera meetings. This will allow for the greatest amount of participation in the meetings while respecting all health and safety considerations associated with the pandemic.
Risk Analysis: The Novel Coronavirus (COVID-19) pandemic has had the potential to disrupt the meetings of Council and its committees. However, electronic participation in Council Meetings and Committee Meetings has allowed meetings and the work of Council and its Committees to continue.
Continuing with electronic or hybrid electronic/in person meetings carries little risk and provides the most opportunity for participation for Councillors, Administration and the public. Solely in-person Council Meetings would carry the most risk as any large group gathering during the pandemic carries health and safety risk. Further, such a format would limit the number of persons that can attend a meeting and thus could impact on the public perception of governmental transparency.
Financial Matters:
Immediate costs associated with implementing the technology to allow electronic participation will be within existing budgets and using the new, existing technological infrastructure embedded in Council Chambers and dedicated meeting room(s), located in the new 350 City Hall Square building.
Consolidated Agenda - July 27, 2020 Page 167 of 198 Page 8 of 9 Consultations: Legal Department
Information and Technology Department
Municipalities throughout Ontario
Conclusion: Administration recommends the approval of the hybrid meeting option for City Council and Committee meetings. This will allow for the greatest amount of participation in the meetings while respecting all health and safety considerations associated with the pandemic.
The proposed amendments to the City of Windsor’s Procedure By-law 98-2011 will update the by-law to permit the continued use of electronic meetings, either solely in the hybrid model, and will allow members of Council and the public to participate in Council/Committee meetings when they would otherwise be unable to do so as a result of the Novel Coronavirus (COVID-19) pandemic.
Administration has been working on a review of the entire Procedure By-law and remains committed to bringing a report to Council later this year with housekeeping amendments. A full scope of electronic participation and the use of proxies will also be part of this review.
Planning Act Matters: N/A.
Approvals: Name Title
Valerie Critchley City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Services
Shelby Askin Hager City Solicitor
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices: 1 Appendix A--Diagram of Council Chambers 2 Appendix B--Draft Amending By-Law
Consolidated Agenda - July 27, 2020 Page 168 of 198 Page 9 of 9 Legend: X--permitted public/administration seating IT--Information Technology
X X X X X X
X X X X
X X X X X X X
X X X X
X X X X X X X
X X X X X X X IT X X
X X X
X X
X X X X X X X X
X X X X X X X X X X X X X X X
DIAGRAM OF COUNCIL CHAMBERS Consolidated Agenda - July 27, 2020 Page 169 of 198 BY-LAW NUMBER -2020
A BY-LAW TO FURTHER AMEND BY-LAW 98-2011 AS AMENDED, BEING A BY-LAW TO PROVIDE RULES GOVERNING THE PROCEEDINGS OF WINDSOR CITY COUNCIL MEETINGS AND ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS.
Passed the day of 2020.
Whereas Section 238(3.1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), allows for a municipality’s procedural by-law to permit a member of council, or a committee, to participate electronically in a meeting which is open to the public to the extent and in the manner set out in the by-law; and,
Whereas Section 238(3.3) of the Act allows for a municipality’s procedural by-law to permit members participating electronically to be counted in determining quorum and to participate in meetings that are closed to the public during an emergency declared under section 4 or 7.0.1 of the Emergency and Civil Protection Act; and,
Whereas on March 17, 2020 a Declaration of Emergency was made by the Province of Ontario pursuant to Section 7.0.1 of the Emergency Management and Civil Protection Act related to COVID-19; and,
Whereas on March 20, 2020 Mayor Dilkens, as part of the City of Windsor’s ongoing response to COVID-19, officially declared a State of Emergency under s 4(1) of the Emergency Management and Civil Protection Act, and
Whereas Bill 197, currently before the Provincial legislature for consideration proposes further amendments to the Municipal Act which will allow for electronic participation at Council meetings without the requirement of a declared emergency.
Therefore be it resolved that the City of Windsor Procedural By-law 98-2011, as amended, be further amended as follows, such amendments to come into effect upon the passing and proclamation of Bill 197:
1. Section 3.8 Electronic Participation Clause (a) be amended as follows:
a) Electronic Participation rules shall be extended for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency.
2. Section 3.8 Electronic Participation Clause (l) be deleted and the following be inserted in its place:
(l) Delegates shall be permitted to participate electronically.
3. Section 3.8 Electronic Participation Clause (p) be added as follows:
p) City Council review the rules for electronic meetings before the expiry of the recommended extensions.
This by-law comes into force and effect on the date on which Bill 197, currently before the Legislature of Ontario, is passed and proclaimed.
DREW DILKENS, MAYOR
CITY CLERK
First Reading - Second Reading - Third Reading - Consolidated Agenda - July 27, 2020 Page 170 of 198 Item No. 11.4
Council Report: C 154/2020
Subject: Confirm And Ratify Report – Waiver Of User Fees For WIFF Drive-In Movie Event
Reference: Date to Council: July 27, 2020 Author: Valerie Critchley City Clerk & Corporate Leader – Public Engagement & Human Services (519) 255-6100 ext 6434 [email protected]
Council Services Report Date: 7/23/2020 Clerk’s File #: SR/13663
To: Mayor and Members of City Council
Recommendation: That the results of the email poll conducted by the City Clerk on July 22, 2020 approving the following recommendation BE CONFIRMED AND RATIFIED:
THAT the request from the Windsor International Film Festival (WIFF) to stage the WIFF Drive-In at Riverfront Festival Plaza and Riverfront Civic Terrace, and Municipal Parking Lot 32 between Friday, August 28, 2020 and Saturday, September 12, 2020, BE APPROVED; and further,
THAT the request from WIFF to waive the total rental fees of $26,710 for the Riverfront Festival Plaza and Riverfront Civic Terrace and Municipal Parking Lot 32 BE APPROVED; and further, THAT the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign the Special Events Agreement, to be satisfactory in form to the City Solicitor and content to the Executive Director of Recreation & Culture.
Executive Summary:
N/A.
Background:
Section 3.7 of Procedure By-law 98-2011 provides the following:
Consolidated Agenda - July 27, 2020 Page 171 of 198 Page 1 of 3 “Telephone and/or email polls of Members of Council shall be permitted only upon authorization by the Mayor or CAO, in emergency situations requiring Council direction where time does not permit holding a special meeting of Council and/or quorum of Council cannot physically convene to consider a matter. The results of a poll must be confirmed and ratified at the next public meeting of Council”.
Discussion: For the past number of years, the Windsor International Film Festival (WIFF) annually host an international film festival in and around Windsor’s downtown core. Due to the COVID – 19 pandemic, WIFF organizers have embarked on a venture to present a drive-in format film presentation that would take place at the Riverfront Festival Plaza. Stage 2 of the provincial reopening plan permits Drive-Ins to occur provided that physical distancing of vehicles, restrictions to patron movement in and around the venue site, options for food and beverage services, and personal protective equipment for service personnel are included in the event plan. The Special Events Resource Team (SERT) has no objections to this event. WIFF has requested the rental fees below be waived but all other costs associated with this event including the installation of video and audio equipment will be the responsibility of WIFF. Waiver of Fees Request: $17,950.00 (two week minimum rental fee of Riverfront Festival plaza @ $8,950.00 per week) $210.00 Load in Fee $8,550 Rental Fee of Municipal parking Lot 34 $26,710 – Total
As a result of the poll, the recommended resolution was passed by all members of Council.
Risk Analysis:
In light of the ongoing COVID-19 pandemic, and the rapid rate at which the situation is changing, this motion was put forward for Council’s consideration via email poll as it was an emergency situation requiring Council direction given that time did not permit holding a special meeting of Council.
Financial Matters:
The total amount of the approved waiver is $26,710.00 as outlined above.
Consolidated Agenda - July 27, 2020 Page 172 of 198 Page 2 of 3 Consultations:
N/A.
Conclusion:
It is recommended that the results of the email poll conducted on July 22, 2020 be confirmed and ratified.
Planning Act Matters: N/A
Approvals: Name Title
Valerie Critchley City Clerk
Jan Wilson Corporate Leader Parks, Facilities, Recreation & Culture
Janice Guthrie On behalf of City Treasurer
Onorio Colucci Chief Administrative Officer
Notifications: Name Address Email
Appendices:
Consolidated Agenda - July 27, 2020 Page 173 of 198 Page 3 of 3 Item No. 12.2
Committee Matters: SCM 212/2020
Subject: June 29, 2020 Special Meeting of Council In-Camera Report
Consolidated Agenda - July 27, 2020 Page 174 of 198
VC/bm
SPECIAL MEETING OF COUNCIL – IN CAMERA June 29, 2020
Members participating via electronic participation in accordance with Procedure By-law #98-2011 as amended, which allows for electronic participation during a declared emergency.
Meeting called to order at: 10:00 a.m.
Members in Attendance:
Mayor D. Dilkens Councillor F. Francis Councillor F. Costante Councillor R. Bortolin Councillor G. Kaschak Councillor J. Gignac Councillor K. McKenzie Councillor J. Morrison Councillor E. Sleiman
Members Absent:
Councillor C. Holt
Also in attendance: O. Colucci, Chief Administrative Officer J. Payne, Community Development and Health Commissioner and Corporate Leader Social Development, Health, Recreation and Culture (Items 1 and 3) M. Winterton, City Engineer and Corporate Leader Environmental Protection and Transportation V. Critchley, City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Resources J. Mancina, Acting Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology S. Askin-Hager, City Solicitor and Corporate Leader Economic Development and Public Safety J. Wilson, Corporate Leader, Parks, Facilities, Recreation and Culture A. Teliszewsky, Mayor’s Chief of Staff R. Mensour, Executive Director of Recreation and Culture (Item 1)
Consolidated Agenda - July 27, 2020 Page 175 of 198 In Camera Report - 2 - June 29, 2020
N. Couvillon, Manager Performance Measurement & Financial Administration (Item 2) J. Guthrie, Deputy Treasurer – Taxation & Financial Projects (Item 2) T. Hunt, City Planner (Item 2) N. Robertson, Manager of Urban Design/Deputy City Planner (Item 2) D. Cercone, Executive Director of Housing & Childrens Services (Item 2)
Verbal Motion is presented by Councillor Sleiman, seconded by Councillor Bortolin, that Rule 3.3 (c) of the Procedure By-law, 98-2011, BE WAIVED to add the following Agenda item:
3. Personal Matter – re-opening plan
Motion Carried.
Verbal Motion is presented by Councillor Sleiman, seconded by Councillor Bortolin, to move in Camera for discussion of the following item(s), adding Item 3:
Item Subject Section – No. Pursuant to Municipal Act, 2001, as amended
1. Personal matter – labour relations/plan 239(2)(d)(k)
2. Property matter – disposition of land 239(2)(c)
3. Personal matter – labour relations/plan – 239(2)(d)(k) verbal report - ADDED
Motion Carried.
Declarations of Pecuniary Interest:
None declared.
Discussion on the items of business. (Items 1, 3 and 2)
Consolidated Agenda - July 27, 2020 Page 176 of 198 In Camera Report - 3 - June 29, 2020
Verbal Motion is presented by Councillor McKenzie, seconded by Councillor Kaschak, to move back into public session. Motion Carried.
Moved by Councillor Francis, seconded by Councillor Morrison, THAT the Clerk BE DIRECTED to transmit the recommendation(s) contained in the report(s) discussed at the In-Camera Council Meeting held June 29, 2020 directly to Council for consideration at the next Regular Meeting.
1. That the recommendation contained in the in-camera report from the Executive Director – Recreation and Culture, Corporate Leader, Parks, Facilities, Recreation and Culture, Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology, City Solicitor and Corporate Leader Economic Development and Public Safety and City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Resources respecting a personal matter – labour relations/plan BE APPROVED. Councillor Gignac voting nay.
2. That the recommendation contained in the in-camera report from the City Solicitor and Corporate Leader Economic Development and Public Safety, Manager of Real Estate Services, Executive Director of Housing and Children’s Services, Executive Director Planning and Development Services, City Engineer and Corporate Leader Environmental Protection and Transportation and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a property matter –disposition of land BE APPROVED.
3. That the confidential verbal report from the City Solicitor and Corporate Leader Economic Development and Public Safety respecting a personal matter – labour relations/plan BE RECEIVED.
Motion Carried.
Moved by Councillor Sleiman, seconded by Councillor Bortolin, That the special meeting of council held June 29, 2020 BE ADJOURNED. (Time: 11:19 a.m.) Motion Carried.
Consolidated Agenda - July 27, 2020 Page 177 of 198 Item No. 12.3
Committee Matters: SCM 213/2020
Subject: Report of the Striking Committee of its meeting held July 13, 2020
Consolidated Agenda - July 27, 2020 Page 178 of 198
VC/bm Windsor, Ontario, July 27, 2020
REPORT OF THE STRIKING COMMITTEE of its meeting held July 13, 2020
Members participating via electronic participation in accordance with Procedure By-law #98-2011 as amended, which allows for electronic participation during a declared emergency.
PRESENT: Mayor D. Dilkens Councillor F. Francis Councillor G. Kaschak Councillor K. McKenzie Councillor J. Morrison Councillor F. Costante Councillor R. Bortolin Councillor E. Sleiman Councillor J. Gignac
ABSENT: Councillor Holt
Also in attendance:
O. Colucci, Chief Administrative Officer J. Payne, Community Development and Health Commissioner and Corporate Leader Social Development, Health, Recreation and Culture M. Winterton, City Engineer and Corporate Leader Environmental Protection and Transportation V. Critchley, City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Resources J. Mancina, Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology S. Askin Hager, City Solicitor and Corporate Leader Economic Development and Public Safety J. Wilson, Corporate Leader, Parks, Facilities, Recreation and Culture A. Teliszewsky, Mayor’s Chief of Staff
Declarations of Pecuniary Interest:
None Declared.
Consolidated Agenda - July 27, 2020 Page 179 of 198 Striking Committee Report - 2 - July 13, 2020
Your Committee submits the following recommendations:
1) That the resignation of Mayor Dilkens on the Roseland Golf Club Board of Directors BE ACCEPTED and further that Councillor McKenzie BE APPOINTED to the Board to fill the vacancy for the term expiring November 14, 2022.
2) That the resignation of Mayor Dilkens on the Essex Region Conservation Authority Board of Directors BE ACCEPTED and further that no appointment be made to fill the vacancy pending the Ward 7 By-election.
3(a). That the resignations of Councillor Gignac and Francis on the Committee of Management for Huron Lodge BE ACCEPTED. Councillor Bortolin opposed.
3(b). That Councillor Kaschak BE APPOINTED to the Committee of Management for Huron Lodge for the term expiring November 14, 2022.
MAYOR
CITY CLERK
Consolidated Agenda - July 27, 2020 Page 180 of 198 Item No. 13.1
BY-LAW NUMBER 105-2020
A BY-LAW TO FURTHER AMEND BY-LAW 98-2011 AS AMENDED, BEING A BY-LAW TO PROVIDE RULES GOVERNING THE PROCEEDINGS OF WINDSOR CITY COUNCIL MEETINGS AND ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS
Passed the 27th day of July, 2020.
Whereas Section 238(3.1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), allows for a municipality’s procedural by-law to permit a member of council, or a committee, to participate electronically in a meeting which is open to the public to the extent and in the manner set out in the by-law; and,
Whereas Section 238(3.3) of the Act allows for a municipality’s procedural by-law to permit members participating electronically to be counted in determining quorum and to participate in meetings that are closed to the public during an emergency declared under section 4 or 7.0.1 of the Emergency and Civil Protection Act; and,
Whereas on March 17, 2020 a Declaration of Emergency was made by the Province of Ontario pursuant to Section 7.0.1 of the Emergency Management and Civil Protection Act related to COVID-19; and,
Whereas on March 20, 2020 Mayor Dilkens, as part of the City of Windsor’s ongoing response to COVID-19, officially declared a State of Emergency under s 4(1) of the Emergency Management and Civil Protection Act, and
Whereas Bill 197, currently before the Provincial legislature for consideration proposes further amendments to the Municipal Act which will allow for electronic participation at Council meetings without the requirement of a declared emergency.
Therefore be it resolved that the City of Windsor Procedural By-law 98-2011, as amended, be further amended as follows, such amendments to come into effect upon the passing and proclamation of Bill 197:
1. Section 3.8 Electronic Participation Clause (a) be amended as follows:
a) Electronic Participation rules shall be extended for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency.
2. Section 3.8 Electronic Participation Clause (l) be deleted and the following be inserted in its place:
(l) Delegates shall be permitted to participate electronically.
3. Section 3.8 Electronic Participation Clause (p) be added as follows:
p) City Council review the rules for electronic meetings before the expiry of the recommended extensions.
Consolidated Agenda - July 27, 2020 Page 181 of 198
This by-law comes into force and effect on the date on which Bill 197, currently before the Legislature of Ontario, is passed and proclaimed.
DREW DILKENS, MAYOR
CITY CLERK
First Reading - July 27, 2020 Second Reading - July 27, 2020 Third Reading - July 27, 2020
Consolidated Agenda - July 27, 2020 Page 182 of 198 Item No. 13.2
BY-LAW NUMBER 106-2020
A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW"
Passed the 27th day of July, 2020.
WHEREAS it is deemed expedient to further amend By-law Number 8600 of the Council of The Corporation of the City of Windsor, cited as the "City of Windsor Zoning By-law" passed the 31st day of March, 1986, as heretofore amended:
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. By-law Number 8600 is further amended by changing the Zoning District Maps or parts thereof referred to in Section 1, of the by-law and made part thereof, so that the zoning district symbol of the lands described in Column 3 shall be changed from that shown in Column 5 to that shown in Column 6:
1. 2. 3. 4. 5. 6. Item Zoning Lands Affected Official Plan Zoning New Number District Amendment Symbol Zoning Map Number Symbol Part
1 8 & 9 Part of Block A, Registered n/a RD1.1 HRD3.1 Plan 1259 (known and municipally as 3756 HRD1.1 Howard Avenue) , identified as Parcel "A", as shown on Schedule “A” of this by-law.
2 8&9 Lots 44 to 48, and Part of n/a RD1.1 HRD3.1 Block A, Registered Plan and 1259 (known municipally as HRD1.1 3756 Howard Avenue) , identified as Parcel "B", as shown on Schedule “A” of this by-law.
2. That subsection 1 of Section 20, of said by-law, is amended by adding the following paragraphs:
“385. For the lands comprising Part of Block A, Registered Plan 1259 (known municipally as 3756 Howard Avenue) , identified as Parcel "A", as shown on Schedule “A” of this by-law, despite the regulations of the Residential District 3.1 (RD3.1) zone category, the following regulation shall apply:
i. Main Building Height –Multiple Dwelling -Maximum – 12 m"
“386. For the lands comprising Lots 44 to 48 and Part of Block A, Registered Plan 1259 (known municipally as 3756 Howard Avenue) , identified as Parcel "B", as shown on Schedule “A” of this by-law, despite the regulations of the Residential District 3.1 (RD3.1) zone category, the following regulation shall apply:
Consolidated Agenda - July 27, 2020 Page 183 of 198
i. Interior side yard where a habitable room window of any dwelling unit faces a side lot line – Minimum - 4 m ii. Rear Yard Depth – Minimum – 6 m"
3. The said by-law is further amended by changing the Zoning District Maps or parts thereof referred to in Section 1, of said by-law and made part thereof, so that the lands described in Column 3 are delineated by a broken line and further identified by the zoning symbol shown in Column 5:
1. 2. 3. 4. 5. Item Zoning Lands Affected Official Plan Zoning Number District Amendment Symbol Map Number Part
1 8 & 9 Part of Block A, Registered Plan n/a S.20(1)38 1259 (known municipally as 3756 5 Howard Avenue) , identified as Parcel "A", as shown on Schedule “A” of this by-law.
2 8&9 Lots 44 to 48, and Part of Block A, n/a S.20(1)38 Registered Plan 1259 (known 6 municipally as 3756 Howard Avenue) , identified as Parcel "B", as shown on Schedule “A” of this by-law.
4. That the Hold Provision be removed when the following conditions have been satisfied:
a) An application is received to remove the hold;
b) (i) Construction and conveyance of a 20m right-of-way from the existing north limit of Block 32, Plan 12M-440 directly through to the north limit of Part 1, 12R-27680, or;
(ii) Conveyance of an easement to The Corporation of the City of Windsor for public access, and construction of an active transportation corridor which will be opposite Clara Street to the south and thereby enabling connection for pedestrians and cyclists to the existing and future areas transportation networks. The Active Transportation corridor and required easement shall be provided through the proposed development, connecting future developments to the north to Sandison Street through Block 32, Plan 12M-440;
(iii) that (a) or (b) be conveyed, designed and constructed to the satisfaction of the City Planner and City Engineer;
c) A Transportation Impact Study suitable in form and content be provided, and any mitigation measures required in that Study be included in the Site Plan Control Agreement, all to the satisfaction of the City Planner;
d) Registration of a Site Plan Control Agreement;
Consolidated Agenda - July 27, 2020 Page 184 of 198
This by-law shall come into force and take effect on the day of the final passing thereof.
DREW DILKENS, MAYOR
CITY CLERK
First Reading - July 27, 2020 Second Reading - July 27, 2020 Third Reading - July 27, 2020
Consolidated Agenda - July 27, 2020 Page 185 of 198 Schedule “A” forms part of By-law 106-2020______.
Clerk Mayor
Consolidated Agenda - July 27, 2020 Page 186 of 198 Item No. 13.3
BY-LAW NUMBER 107-2020
A BY-LAW TO ESTABLISH LANDS AS A PUBLIC HIGHWAY KNOWN AS GRAND MARAIS ROAD EAST, IN THE CITY OF WINDSOR
Passed the 27th day of July, 2020.
WHEREAS the lands described in Schedule "A" annexed hereto and forming part of this by-law are vested in The Corporation of the City of Windsor.
AND WHEREAS it is deemed expedient to establish the said lands hereinafter described as a public highway.
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. That the lands described in said Schedule "A" annexed hereto are established as a public highway known as GRAND MARAIS ROAD EAST.
2. That this by-law shall come into force and take effect after the final passing thereof on the day on which it is electronically registered in the Land Registry Office of Essex (12).
DREW DILKENS, MAYOR
CITY CLERK
First Reading - July 27, 2020 Second Reading - July 27, 2020 Third Reading - July 27, 2020
Consolidated Agenda - July 27, 2020 Page 187 of 198
SCHEDULE "A"
PART LOT 97 CON 2 SANDWICH EAST DESIGNATED AS PART 3 PL 12R21694; WINDSOR S/T R1153534
PT LT 97, CON 2 (FORMERLY LT 96 IREDELL) DESIGNATED AS PT 4, PL 12R21694; WINDSOR
PT LT 97 CON 2 SANDWICH EAST DESIGNATED AS PT 5 12R21694; WINDSOR
PT LTS 97, 98 CON 2 SANDWICH EAST DESIGNATED AS PT 6 12R21694; WINDSOR
PT LT 98 CON 2 SANDWICH EAST DESIGNATED AS PTS 7,8 12R21694; S/T EASE OVER PT 8 12R21694 AS IN R1200846; WINDSOR
Grand Marais Road East, Windsor
Consolidated Agenda - July 27, 2020 Page 188 of 198 Item No. 13.4
BY-LAW NUMBER 108-2020
A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE 27TH DAY OF JULY, 2020
Passed the 27th day of July, 2020.
WHEREAS it is deemed expedient that the proceedings of the Council of The Corporation of the City of Windsor at this meeting be confirmed and adopted by by-law;
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. The action of the Council of The Corporation of the City of Windsor in respect to each recommendation contained in the Report/Reports of the Committees and the local Boards and Commissions and each motion and resolution passed and other action taken by the Council of The Corporation of The City of Windsor at this meeting is hereby adopted and confirmed as if all such proceedings were expressly in this by-law.
2. The Mayor and the proper officials of The Corporation of the City of Windsor are hereby authorized and directed to do all things necessary to give effect to the action of the Council of The Corporation of the City of Windsor referred to in the preceding section hereof.
3. The Mayor and the City Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the City of Windsor.
DREW DILKENS, MAYOR
CITY CLERK
First Reading - July 27, 2020 Second Reading - July 27, 2020 Third Reading - July 27, 2020
Consolidated Agenda - July 27, 2020 Page 189 of 198 July 27, 2020 Council Meeting – Item 10.2 Additional Information
July 23, 2020
TO: Mayor & Councilors
FROM: Marina Clemens, Chair of HHAC
RE: Emergency Shelter Review Report
Although, this report has not been reviewed at a formal meeting of HHAC, many members have been part of the consultation process including myself. A review of the Shelter system was also a goal within the updated Windsor Essex 10year Housing and Homelessness Master Plan which is certainly within the mandate of HHAC, “To serve as an advisory body to city council on issues relating to the supply, demand and need for affordable housing and homelessness supports in Windsor Essex County” Therefore I believe as the chair of HHAC I can offer both some comments and endorse the Council report C 145/2020 and the Recommendations presented by Administration under the author of Jennifer Tanner, Manager, Homelessness and Housing Support. I would also endorse the Final Report dated July 14, 2020 as prepared and presented by VINK Consulting.
As outlined on page 3 of the report, Under Goal 3 of the 10year plan challenges were identified and to name a few, ---- 24/7 access is not available and individuals living in Essex county must make there way to Windsor to access a shelter. Page 4 outlines 5 action steps that can be taken to better the system as a whole including, opportunities to improve shelter services, establish quality and accountability standards, to name a few. Of course, the COVID crisis brought to light a number of other challenges and VINK outlined both the challenges and action steps that would benefit and ensure a clearer system for the immediate need and future configuration of the Emergency Shelter System.
I was pleased to see on page 8 of the council report the comparison of monthly costs of housing someone while homeless which was taken from https://www.homelesshub.ca/about- homelessness/homelessness-101/cost-analysis-homelessness and on page 16 of the council report another chart that demonstrates the saving under the Housing First program which reduces E.R Care utilization. Source: Orgcode
Page 10 of the report also identifies six recommendations that are already in place for non-profit housing providers such as Operational reviews, site reviews and shelter standards. It seems reasonable to ask shelters to conform to these same requirements.
I would like to draw your attention to page 6 of the report paragraph 2 under Discussion: “The only solution to end homelessness is housing”. This must be the goal of those running Emergency Shelters and will always be the main goal of HHAC. We have worked with the planning department to ensure that the Secondary Suite By- Law was passed and now expanded to allow another unit, plus we support other models of housing e.g. modular units, container units and Tiny Houses. Unfortunately, during this COVID Crisis, we as a city and county are seeing many vacant signs for both businesses, office suites that
Consolidated Agenda - July 27, 2020 Page 190 of 198 may not need as much square footage as staff may work from home and other buildings that may become available in the near future. Hopefully, they could and will be repurposed and transformed into affordable, suitable, accessible housing units and of course be close to services. This would clearly align with the 10 year plan and has always been a priority for HHAC. We would assume that any necessary supports would be available if necessary for adults, families, youth and Indigenous people.
HHAC will have this report and the VINK review on their Agenda for its September meeting.
Sincere thanks to our Housing Services department, VINK Consulting, the Shelter providers and all who answered the call for dialogue during this consultation process. I believe we have the footprint to move forward and improve the shelter system to meet the immediate needs of the homeless with the goal of acquiring permanent housing with supports if necessary.
On behalf of HHAC Marina
Marina Clemens
Consolidated Agenda - July 27, 2020 Page 191 of 198 July 27, 2020 Council Meeting – Item 10.2 Additional Information Mayor Dilkens and City Council City of Windsor 350 City Hall Square West, Room 530 Windsor, Ontario N9A 6S1
Re: Agenda Item 10.2 - Emergency Shelter Review Report (C 145/2020)
3185 Forest Glade Dr Windsor, Ontario N8R 1W7 Your Worship, Mayor Dilkens and Members of Council,
My name is Mike Morency and I am the Executive Director of Matthew House Refugee Centre in Windsor. I am writing to express concern that O: 519-945-7627 ext 4 the Emergency Shelter Review Report, as being presented today is F: 519-945-5492 incomplete, and therefore, not a sufficient basis for drawing conclusions matthewhousewindsor.org about our current homeless system, or our current and future needs. Before I detail my concerns, I would like to take this opportunity to publically thank Mayor Dilkens and the City of Windsor for approving the request by Matthew House and Angela Rose House, to bathe City Hall in @MatthewHouseWindsor blue light on June 20th, in honour of World Refugee Day 2020. Our new City Hall joined 23 other municipal buildings and landmarks across Canada in celebrating the strength and courage of refugees, as well as the In 2019… incredible benefit they bring to our communities. You declared Windsor that continues to be a welcoming community, full of opportunity 145 for those who wish to rebuild their lives and become self- sufficient, contributing residents. refugees were provided shelter for 4,460 nights I am a firm believer that to make the best decisions, we need all of the relevant information. As such, there is one line in the report that 147 caused concern form me, especially as it is repeated on pages 4, 24, and refugees were connected 39. By stating that “…there are additional shelters with varying funding with shelter elsewhere sources..” VINK Consulting is advising that the report does not provide a complete picture of homeless services in Windsor-Essex. In fact, in 43 conversation with Ms. Vink, I was advised her work focused exclusively on families were provided with the shelter services funded by the City. As Matthew House Refugee Centre furniture and household is one of the agencies that were relegated to what amounts to a items disclaimer, I felt it important to provide you with further information to provide a more complete picture and to participate in creating positive 409 community solutions moving forward. refugees were provided with supports to settle in Since 2003, Matthew House has provided a welcoming home for 1,001 our community men, women, and children who arrived in Canada seeking safety and a fresh start, and who would have otherwise ended up in City funded homeless shelters. While our mandate is to provide shelter and settlement 435 supports for refugee claimants and precarious migrants, this number does Refugees were connected not include the families who have been burnt out of their homes, women with volunteer, employment, and fleeing domestic violence, young people awaiting intake with other community networks programs, and other homeless individuals we have sheltered when city funded shelters have been full.
2020 Matthew House uses a person first, “Home and Family,” model to provide cost per single $8,299 temporary housing (45-90 days), settlement supports, and connection to cost per family $16,599 community for Refugee Claimants, and other homeless individuals. The five core principles of Housing First provide the framework for our model,
Consolidated Agenda - July 27, 2020 Page 192 of 198 with the belief that individuals and families will be much more successful, if we quickly get them settled into a home of their choosing.
Our professional staff and volunteers walk with families and individuals from homelessness to self-sufficiency and community integration. This process involves a wide range of client driven supports including:
Securing and maintaining safe housing, Assistance furnishing, equipping and setting up housing, Assistance navigating systems and accessing supports (Immigration, Legal Aid, Ontario Works, medical care, language/education, etc.) Access to counselling and mental health supports Orientation to Canadian life (public transit, finances, health care, etc.) Connections to volunteer and employment opportunities Connections to faith, cultural, recreational, and social communities
We work in partnership and always seek to connect those we serve to the very best support possible. As such, we have an ongoing, working relationship with a wide variety of local, provincial, and national organizations including: Welcome Centre Shelter for Women and Families, Multicultural Council, WEST, UHC, Canadian Council for Refugees, Ontario Coalition of Service Providers for Refugee Claimants, Ontario Refugee Shelter Coalition, and UNHCR.
Matthew House is 100% donor funded, and while we do not refer to ourselves as an emergency shelter, every single man, woman, and child who resides with us, had no other option. We are an option of last resort for refugee claimants who arrive in Windsor without support from family or government. In fact, at any given time 10% of the people staying with us are “in-land claimants,” not yet eligible for Ontario Works and thus not eligible for city funded shelter. Further, we respond 24/7 when there are no other options. For example, in the winter of 2018, while I was driving through a snow storm in Hamilton, I received the call that FIVE families had arrived at the bus station and that Matthew House and all City funded options were full, including the motel. By moving people around and by reaching out to our donors, we were able to ensure that all five families (22 people) had safe shelter until they could be accommodated elsewhere.
Our Numbers
Average # shelter beds occupied 2018 & 2019: 46.5 2019 nights of shelter provided: 4,460 2019 occupancy breakdown: Single: 35 - Families: 32 2020 cost per bed (single) $8,299 vs 23,629 2020 cost per room (family) $16,599 vs $27,475 Families assisted with furniture and household items to move from shelter to permanent housing (includes City funded shelter) 2018: 27 - 2019: 43 Refugees connected to shelter with a community partner in 2019: 147 Annual Property Tax paid to City: $31,841.90
Real cost savings to the City of Windsor based on numbers from report: 2018 (6 single beds, 10 family rooms): $416,524.00 2019 (6 single beds, 13 family rooms): $498,949.00
Consolidated Agenda - July 27, 2020 Page 193 of 198 THE GROWING NEED
In 2017, Canada saw an 88% increase in the number of refugees seeking protection at our boarder (26,462 vs 50,405). In 2018, that number increased by 10% to 55,695, and in 2019, it grew by 15% to 60,050. The Canadian Council for Refugees is projecting that once travel restrictions due to COVID-19 are lifted, we will experience a significant bump in numbers and then a new average of approximately 70,000 per year.
Due to the reality of our lack of affordable housing, raising rental rates, an increase in International Students, and the growing number of Refugee Claimants, our shelter system is experiencing increased pressure. In fact, during 2019, when we tried to do referrals we found on 27 occasions that every funded shelter space in the City was full, including the motels.
In response to the growing need, Matthew House secured the former Alpha Apartments in Forest Glade. The property had sat empty and derelict for almost six years with plywood covering the windows and was a magnet for youth crime and property damage. Thanks to the amazing support of our community, including over 400 unique volunteers, we have renovated the property and now have two, six-bedroom congregate living units that meet or exceed the space recommendations, as well as nine, one-bedroom, and two, two- bedroom self contained apartments (75-85 beds).
The property offers homeless individuals and families:
Staff available 24 hours Adjacent to Forest Glade Freshly renovated space Community Centre, Library, etc Dedicated children’s playroom On 1C bus route ½ acre of outdoor space 2 blocks from walk-in clinic and On-site laundry pharmacy Meeting space for other agencies 1.5km from other support agencies including housing and lawyers (College Boreal, Unemployed Help A non-institutional setting Centre, Multicultural Council) Daily access to support staff 3km (15 minute bus ride) from Programs & Workshops including: major retail and grocery stores budgeting, tenant’s rights, language, etc.
Due to their unique circumstances and the trauma they have experienced, Refugee Claimants require specialized housing with supports if we wish to see them quickly become self-sufficient, contributing members of our community. While Windsor has some of the very best homeless serving agencies in Canada, generic shelters are not able to offer the specialized supports, or the safe, healing environment required by this vulnerable population. Further, research shows that refugee claimants who receive specialized supports in the first 30-90 days in their new home community are significantly more likely to be in education, employment, or starting their own enterprise within one year. Additionally, research shows that refugees who are connected to community and have support from programs like Matthew House become self-sufficient much faster than those who are left to navigate on their own. In fact, a recent survey of former guests of Matthew House has shown that 82% were no longer receiving Ontario Works within six months of their settlement.
Impact of COVID-19
At the peak of the pandemic, there were 56 men, women, and children residing at Matthew House. Early on we recognized the seriousness of the situation and consulted with health professionals and other shelters to develop a plan. As a result, we have been able to avoid an
Consolidated Agenda - July 27, 2020 Page 194 of 198 outbreak among our residents. We have also been able to assist nine families and ten singles to move out of shelter and begin to rebuild their lives in their new home.
We also were in discussions with City Administration and were prepared to create ten overflow shelter spaces for families that met Health Unit standards, at a rate much lower than is presently being paid for motel rooms. Thanks to our partners at Habitat for Humanity, we had actually begun reconfiguring space and preparing for families.
To ensure the safety of those staying with us, as well as the broader community, we have incurred some significant additional expenses related to staffing, cleaning, transportation, and PPE. Despite, this Matthew House has received no financial support from any level of government.
The Role of Donor Funded Agencies
Matthew House is simply one of the “…additional shelters with varying funding sources...” referred to in the report. However, together, these agencies represent a significant part of the homeless shelter system in Windsor. The VINK report alludes to the power of these organizations and the opportunity presented to the City to partner with them. In fact, should the City choose to partner with donor funded organizations, they can tap into economies of scale thus reducing per bed/room costs. Further, they will create a more resilient and diverse system that is better able to respond to the needs of people experiencing a broad array of barriers to housing, thus housing people faster and keeping them stabilized in their housing with supports that meet their unique needs.
However, the City’s current reliance on the work of Donor funded organizations is not sustainable, especially at times of crisis and stress like we are experiencing due to COVID-19. Thanks to our incredible donors, Matthew House is presently meeting its budget, however we cannot take our donors for granted, especially as the financial impacts of COVID-19 continue to be felt in our community. That being said, should our donations drop, we would be forced to reduce staff and potentially close beds. At present, that would result in 38 men, women, and children entering the City funded shelters. At the peak of the pandemic that would have meant that the City would have had to find beds for 10 additional singles and 14 families.
Conclusion
I wish to thank City Administration and Cassandra Vink for an excellent report on the City funded shelters. I hope that this submission has provided you with some insight into the role that the “additional shelters” play in our homeless shelter system and will be an aid to knowledgeable decision making on our current and future shelter needs.
Matthew House remains committed to doing our part to help ensure that every man, woman, and child has not only shelter, but the supports and services they need to never become homeless again. Should you wish to discuss this submission or how we would be prepared to work with the City of Windsor, please contact me at 519-945-7627 ext. 4 or [email protected].
Respectfully submitted,
Mike Morency Executive Director Matthew House Refugee Centre, Windsor
Consolidated Agenda - July 27, 2020 Page 195 of 198 July 27, 2020 Council Meeting – Item 10.2 Additional Information
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