ONTARIO, CANADA

ACON 2019

December 13, 2019

TO THE MAYOR AND MEMBERS OF COUNCIL:

A special meeting of Council will be held on Monday, December 16, 2019, at 4:45 o'clock p.m., in Room 139, 350 City Hall Square. Council will at the special meeting adopt a resolution to authorize Council to meet in closed session, and the resolution shall contain the general nature of the matters to be considered in the closed session. The resolution must be adopted by a majority of Council present during the open special meeting before the meeting may be closed.

A meeting of the Striking Committee will be held on Monday. December 16. 2019, immediately following the in-camera meeting in Room 139, 350 City Hall Square. Enclosed is an Agenda for this meeting.

The regular meeting of Council will be held on Monday, December 16, 2019 at 6:00 o'clock p.m., in the Council Chambers, 350 City Hall Square to consider the regular agenda for that day.

BY ORDER OF THE MAYOR.

Valerie Critchley City Clerk

/bm c.c. Chief Administrative Officer

Consolidated City Council Agenda - December 16, 2019 Page 1 of 240 CITY OF WINDSOR AGENDA 12/16/2019

Consolidated City Council Meeting Agenda

Date: Monday, December 16, 2019 Time: 6:00 o’clock p.m. Location: Council Chambers, 1st Floor, Windsor City Hall

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 City Council Agenda - December 16, 2019 Page 2 of 240 ORDER OF BUSINESS

Item # Item Description 1. ORDER OF BUSINESS

1.1. In the event of the absence of the Mayor, Councillor Bortolin has been Appointed Acting Mayor for the month of December, 2019 in accordance with By-law 176-2018

2. CALL TO ORDER - Playing of the National Anthem

3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

4. ADOPTION OF THE MINUTES

4.1. Minutes of the Council Meeting held December 2, 2019 (SCM 458/2019) (attached)

5. NOTICE OF PROCLAMATIONS

“Crime Stoppers Month” – January 2020

6. COMMITTEE OF THE WHOLE

7. COMMUNICATIONS INFORMATION PACKAGE (This includes both Correspondence and Communication Reports)

7.1. Correspondence 7.1.1 through 7.1.4 (CMC 19/2019) (attached)

8. CONSENT AGENDA

8.1. Approval of Annual Temporary Borrowing By-Law for 2020 (C 180/2019)

8.2. 2020 Interim Property Tax By-Law (C 204/2019)

8.3. Issuing of a RFP for the Net Metering Solar Photovoltaic Project (C 203/2019)

8.4. Semi-Annual Capital Variance Report – September 30, 2019 - City Wide (C 201/2019)

Consolidated City Council Agenda - December 16, 2019 Page 3 of 240 CONSENT COMMITTEE REPORTS

8.7. Report No. 106 of the Windsor Essex County Environment Committee - Revised WECEC Terms of Reference & Mandate (SCM 438/2019) (SCM 363/2019)

8.8. 1567 Aspenshore Avenue, 1743, 1755, 1767 & 1779 Aspenshore Court - Various Encroachments -Ward 7 (SCM 439/2019) (S 196/2019)

8.9. Response to CQ 18-2019 – Comparison of Local Improvement Policies in Other Municipalities – Citywide (SCM 440/2019) (C 188/2019)

8.10. Tabling of the Draft Climate Change Adaptation, Degrees of Change - City Wide (SCM 441/2019) (S 212/2019)

9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS

10. PRESENTATIONS AND DELEGATIONS

PRESENTATIONS: (10 minute maximum)

10.3. Audit and Accountability Fund Consultants Report of Information Management and Data Analytics Assessment (C 200/2019) (attached) a) Tara Myshrall, Public Sector Manager, Information Builders (Canada) Inc.

10.1. Corporate Asset Management Plan a) Roop Lutchman, P. Eng., PMP, GHD Advisory; and Melissa Osborne, Senior Manager of Asset Planning Clerk’s Note: CR526/2019 That council RECEIVE the full Corporate Asset Management Plan (dated July 16, 2019) presentation, as previously prepared by administration, at the December 16, 2019 City Council meeting.

10.2. Recreation Master Plan (C 190/2019) a) Todd Brown, of Monteith Brown Planning Consultants to present the Recreation Master Plan. Anand Desai and Claire Tucker Reid are available for questions for the RMP. Rob Hunden is available for questions for the WFCU Centre Indoor Feasibility Study. b) Joe Barile, President, Essex County Soccer Association (5 minutes)

DELEGATIONS: (5 minute maximum)

11.1. Guidelines and Permitting Process for Metal Detecting in City Parks (C 182/2019) Clerk’s Note: Council at its meeting held December 2, 2019 deferred this matter to the December 16, 2019 meeting of Council as a regular business item. a) Jack Lewis, Sunparlour Treasure Seekers

Consolidated City Council Agenda - December 16, 2019 Page 4 of 240 8.6. Response to CQ 29/2019 – Summary Report of Poverty Reduction Initiatives and Effectiveness 2010 to Present - City Wide (SCM 444/2019) (S 222/2019) a) Barb Brown, Executive Director, Connections Early Years Family Centre b) Kate Gibb, Executive Director, Drouillard Place

8.5. Ontario's Community Housing Renewal Strategy Update Report - City Wide (SCM 443/2019) (S 224/2019) a) Tracy Clinansmith, resident of Ward 7 Clerk’s Note: Tracy Clinansmith, resident of Ward 7 submitting the attached as additional information.

11. REGULAR BUSINESS ITEMS (Non-Consent Items)

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 Report of the Striking Committee of its meeting held on December 2, 2019 (SCM 456/2019) (attached)

13. BY-LAWS (First and Second Reading) (attached)

13.1 131-2019 A BY-LAW FOR THE USE, REGULATION, AND PROTECTION OF PARKS authorized by CR428/2018, adopted July 23, 2018 (See Item 8.3)

13.2 135-2019 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 164/2019, adopted December 5, 2019

13.3 136-2019 A BY-LAW TO ADOPT AMENDMENT NO. 123 TO THE OFFICIAL PLAN OF THE CITY OF WINDSOR authorized by CR579/2019, adopted November 18, 2019

13.4 137-2019 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW" authorized by CR579/2019, adopted November 18, 2019

13.5 138-2019 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW" authorized by By-law 8600 s. 5.4.20, adopted March 31, 1986

Consolidated City Council Agenda - December 16, 2019 Page 5 of 240 13.6 139-2019 A BY-LAW TO FURTHER AMEND BY-LAW 188-2000, BEING A BY-LAW TO APPOINT PROVINCIAL OFFENCES OFFICERS FOR THE CORPORATION OF THE CITY OF WINDSOR authorized by BL98-2011 s. 27.1(l)(i), adopted June 7, 2011

13.7 140-2019 A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE 16th DAY OF DECEMBER, 2019

14. MOVE BACK INTO FORMAL SESSION

15. NOTICES OF MOTION

16. THIRD AND FINAL READING OF THE BY-LAWS

By-laws 131-2019 and 135-2019 through 140-2019 (inclusive)

17. PETITIONS

18. QUESTION PERIOD

19. STATEMENTS BY MEMBERS

20. UPCOMING MEETINGS

New City Hall Steering Committee Monday December 16, 2019 9:30 a.m. Meeting Room 140, 350 City Hall Square West

Environment, Transportation & Public Safety Standing Committee Wednesday December 18, 2019 4:30 p.m. Council Chambers, 1st floor, 350 City Hall Square West

21. ADJOURNMENT

Consolidated City Council Agenda - December 16, 2019 Page 6 of 240 Item No. 4.1

Committee Matters: SCM 458/2019

Subject: Adoption of the Windsor City Council meeting minutes held December 2, 2019

Consolidated City Council Agenda - December 16, 2019 Page 7 of 240 CITY OF WINDSOR MINUTES 12/02/2019

City Council Meeting

Date: Monday, December 02, 2019 Time: 6:00 o’clock p.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

Consolidated City Council Agenda - December 16, 2019 Page 8 of 240 Minutes City Council Monday, December 02, 2019 Page 2 of 25 1. ORDER OF BUSINESS

2. CALL TO ORDER - Playing of the National Anthem

Following the playing of the Canadian National Anthem, the Mayor calls the meeting to order at 6:00 o’clock p.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 November 18, 2019

Moved by: Councillor Bortolin Seconded by: Councillor Costante

That the minutes of the meeting of Council held November 18, 2019 BE ADOPTED as presented. Carried.

5. NOTICE OF PROCLAMATIONS

Flag Raising Ceremony: “Bangladesh Victory Day Celebration 2019” – December 15, 2019

6. COMMITTEE OF THE WHOLE

Moved by: Councillor Francis Seconded by: Councillor Gignac

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;

Consolidated City Council Agenda - December 16, 2019 Page 9 of 240 Minutes City Council Monday, December 02, 2019 Page 3 of 25 (e) consideration of business items; (f) consideration of Committee reports: (i) Report of Special In-Camera Meeting or other Committee as may be held prior to Council (if scheduled); and (g) consideration of by-law 130-2019 through 134-2019 (inclusive). Carried.

7. COMMUNICATIONS INFORMATION PACKAGE

7.1. Correspondence, Monday December 2, 2019

Moved by: Councillor Holt Seconded by: Councillor Kaschak

Decision Number: CR585/2019 That the following Communication Items 7.1.2 through 7.1.8 inclusive as set forth in the Council Agenda BE REFERRED as noted, and that Item 7.1.1 be dealt with as follows:

7.1.1 Letter from the Sandwich BIA, regarding the expropriation of 75 Mill Street (the Dorian Property) by the City of Windsor for public park land only

Moved by: Councillor Holt Seconded by: Councillor Kaschak

Decision Number: CR586/2019 That the correspondence from the Chair, Sandwich Business Association dated November 26, 2019 regarding “support for the expropriation of 75 Mill Street (the Dorian Property) by the Corporation of the City of Windsor for public park land only”, BE RECEIVED; and further, That this correspondence BE REFERRED to a future meeting of Council in camera when this subject matter is being considered. Carried.

No. Sender Subject 7.1.1 Sandwich Business Letter from the Sandwich BIA, regarding the Association expropriation of 75 Mill Street (the Dorian Property) by the City of Windsor for public park land only

Corporate Leader Parks, Recreation, Culture & Facilities City Solicitor City Engineer MI2019 Note & File

Consolidated City Council Agenda - December 16, 2019 Page 10 of 240 Minutes City Council Monday, December 02, 2019 Page 4 of 25 No. Sender Subject 7.1.2 Chief Building Official Letter to the Ministry of Municipal Affairs and Housing, regarding “Transforming and Modernizing the Delivery of Ontario’s Building Code Services Discussion Paper and Consultation”

City Solicitor SB2019 Note & File 7.1.3 Manager of Urban Site Plan Approval, City of Windsor, 4085 Design Wyandotte Street East, parking lot for the George Avenue Park

ZS/13647 Note & File 7.1.4 Manager of Urban Site Plan Approval, MAA Ashapuri Enterprises Inc., Design 4100 7th Con Road, new hotel with parking

ZS/13648 Note & File 7.1.5 Manager of Urban Site Plan Approval, Schlegel Villages Inc., 1800 Design Talbot Road, proposed new 3698M2 retirement home

ZS/13649 Note & File 7.1.6 Manager of Urban Site Plan Approval, 2605385 Ontario Inc (AIPL CDA Design Holdings) – Shaberg Sing, 1100 University Avenue West, business office and addition to an existing building

ZS/13655 Note & File 7.1.7 Manager of Urban Site Plan Approval, Daniel Snead, Chick-fil-A, Design Canada ULC, 3060 Howard Avenue (3100 Howard), proposed new Chick-fil-A restaurant

ZS/13656 Note & File

Consolidated City Council Agenda - December 16, 2019 Page 11 of 240 Minutes City Council Monday, December 02, 2019 Page 5 of 25

No. Sender Subject 7.1.8 Committee of Applications to be heard by the Committee of Adjustment/Consent Adjustment/Consent Authority, afternoon of Authority Agenda Thursday, December 12, 2019, 3:30 p.m., Room Record 204, 2nd floor, Windsor City Hall, 350 City Hall Square West

ZC2019 Note & File Carried. Report Number: CMC 18/2019

7.2. Sewer Master Plan Project - Seventh Quarterly Update - Citywide

Moved by: Councillor Holt Seconded by: Councillor Kaschak

Decision Number: CR587/2019 That the seventh quarterly update of the Sewer Master Plan project dated November 15, 2019 BE RECEIVED for information. Carried. Report Number: C 194/2019 Clerk’s File: SW/12983

7.3. Windsor Canada Utilities Ltd. 2nd Quarter 2019 Financial Statements - City Wide

Moved by: Councillor Holt Seconded by: Councillor Kaschak

Decision Number: CR588/2019 That City Council RECEIVE for information, the Windsor Canada Utilities Ltd. 2nd Quarter 2019 Financial Statements. Carried. Report Number: C 195/2019 Clerk’s File: AF2019

8.3. Guidelines and Permitting Process for Metal Detecting in City Parks

Moved by: Councillor Holt Seconded by: Councillor Kaschak

Decision Number: CR589/2019 That the report of the Executive Initiatives Coordinator dated October 29, 2019 entitled “Guidelines

Consolidated City Council Agenda - December 16, 2019 Page 12 of 240 Minutes City Council Monday, December 02, 2019 Page 6 of 25 and Permitting Process for Metal Detecting in City Parks”, BE REFERRED to the December 16, 2019 meeting of Council as a regular agenda item as opposed to a communications item; and,

That the first, second, and third reading of by-law 131-2019 BE REFERRED to the December 16, 2019 meeting of Council. Carried.

Report Number: C 182/2019 Clerk’s File: SR2019

8. CONSENT AGENDA

8.1. New Inventory Policy & Updated Travel & Business Expense Policy – City Wide

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR590/2019 That City Council APPROVE the Inventory Policy attached as Appendix A to this report; and,

That City Council APPROVE the updated Travel and Business Expense Policy, attached as Appendix B to this report; and,

That Administration BE DIRECTED to amend the related Travel and Business Expense Procedure and related forms as necessary, to facilitate compliance with the amended policy. Carried.

Report Number: S 186/2019 Clerk’s File: AF2019

8.2. 2020 Agency Grant Payments - City Wide

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR591/2019 That Council APPROVE the funding of City Funded Agencies up to a maximum of 50% of the 2019 approved grant amounts as outlined in this report. Carried.

Report Number: S 215/2019 Clerk’s File: AF2019 & AFB/13467

Consolidated City Council Agenda - December 16, 2019 Page 13 of 240 Minutes City Council Monday, December 02, 2019 Page 7 of 25 8.4. Respectful Workplace Policy - City Wide

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR592/2019 That City Council APPROVE the Respectful Workplace Policy as proposed in Appendix “A” (attached); and further,

That City Council DIRECT Administration to repeal Council Resolution CR 217/2010 Workplace Harassment Policy and Workplace Violence Policy; CR746/2005 Human Rights Policy; CR273/2014 Accessibility Policy; CR14/2010 Religious Observance Policy; CR479/2006 Standards of Employee Deportment Policy; and CR478/2006 Professional Dress Guidelines for Non--- Uniformed Employees Policy and convert the documents contained within these resolutions to procedures that would remain in effect until updated accordingly; and,

That City Council DIRECT Administration to develop procedures which allow for effective implementation of the Respectful Workplace Policy. Carried. Report Number: C 192/2019 Clerk’s File: AF2019

8.5. Downtown CIP Grant Application Under the Commercial/Mixed Use Building Facade Improvement Program Made by Otagho Incorporation for 366 Wyandotte Street West, Ward 3

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR593/2019 I. That the request made by Otagho Incorporation (Owner) for the proposed facade improvements at 366 Wyandotte Street West identified as roll number 040-080-00100 to participate in the Commercial/Mixed Use Building Facade Improvement Grant Program BE APPROVED for $20,000 towards eligible costs in accordance with the Downtown Windsor Enhancement Strategy and Community Improvement Plan;

II. That the grant BE PAID to Otagho Incorporation upon completion of the facade improvements as shown in Appendix B to Report S223/2019 to the satisfaction of the City Planner and Chief Building Official. Grant funds to come from the City Centre Community Development Planning Fund (Project #7011022). Carried. Report Number: S 223/2019 Clerk’s File: SPL/10759

Consolidated City Council Agenda - December 16, 2019 Page 14 of 240 Minutes City Council Monday, December 02, 2019 Page 8 of 25

8.6. Downtown CIP Grant Application made by Otagho Incorporation for 570- 576 Church Street, Ward 3

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR594/2019 DHSC 77 I. That the request made by Otagho Incorporation (Owner) for the proposed development at 570-576 Church Street identified as tax roll number(s): 040-080-00400, 040-080-00300 to participate in the Building/Property Improvement Tax Increment Grant Program BE APPROVED for 100% of the municipal portion of the tax increment resulting from the proposed development for five (5) years, provided the improvements to the existing building at 366 Wyandotte Street West, as shown in Appendices B and D, are completed, in accordance with the Downtown Windsor Enhancement Strategy and Community Improvement Plan;

II. That Administration BE DIRECTED to prepare the agreements between the City and Otagho Incorporation (Owner) to implement the Building/Property Improvement Tax Increment Grant Program in accordance with all applicable policies, requirements, and provisions contained within the Downtown Windsor Enhancement Strategy and 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 implications.

III. That the CAO and City Clerk BE AUTHORIZED to sign the Grant Agreement(s) in content satisfactory to the City Treasurer and City Planner and form to the City Solicitor.

IV. That Administration BE REQUESTED to expedite the review of the application for a building facade improvement grant on the existing building; and,

V. That this information BE PROVIDED when this report moves forward to a Council meeting so that both the CIP and the Facade Improvement Grant can be considered at the same time. Carried. Report Number: SCM 304/2019 & S 87/2019 Clerk’s File: SPL/10759

8.7. Exemption under Section 9(3) of The Condominium Act – 1433311 Ontario Ltd. – 1840 Division Road - CDM-005/19 [CDM/5885]; Ward 9

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR595/2019 DHSC 106 That the application of 1433311 Ontario Ltd. for an exemption under Section 9(3) of The Condominium Act for approval of a Plan of Condominium (Standard Condominium), comprised of

Consolidated City Council Agenda - December 16, 2019 Page 15 of 240 Minutes City Council Monday, December 02, 2019 Page 9 of 25

20 dwelling units, on a property legally described as; Part of Lots 3 and 4, Plan 1045; as shown on the attached Maps No. CDM-005/19-1 and CDM-005/19-2, BE APPROVED for a period of three (3) years. Carried. Report Number: SCM 411/2019 & S 182/2019 Clerk’s File: ZP/13623

8.8. Response to CQ 10-2017 Kayak Storage at Lakeview Park Marina

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR596/2019 CR408/2018 SDHC584 That the report of the Coordinator, Community Sports Services dated May 14, 2018 entitled “Response to CQ 10-2017 Kayak Storage at Lakeview Park Marina” BE RECEIVED for information. Carried. Report Number: SCM 283/2018 & S 86/2018 Clerk’s File: SR2018

8.9. Minutes of the Housing & Homelessness Advisory Committee of its meeting held September 17, 2019

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR597/2019 CSPS 71 That the minutes of the Housing & Homelessness Advisory Committee meeting held September 17, 2019 BE RECEIVED. Carried. Report Number: SCM 413/2019 & SCM 377/2019 Clerk’s File: MB2019

8.10. Minutes of the Windsor Accessibility Advisory Committee of its meeting held July 30, 2019

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR598/2019 CSPS 72 That the minutes of the Windsor Accessibility Advisory Committee meeting held July 30, 2019 BE RECEIVED. Carried. Report Number: SCM 414/2019 & SCM 309/2019 Clerk’s File: MB2019

Consolidated City Council Agenda - December 16, 2019 Page 16 of 240 Minutes City Council Monday, December 02, 2019 Page 10 of 25

8.11. Minutes of the Seniors Advisory Committee of its meeting held August 13, 2019

Moved by: Councillor McKenzie Seconded by: Councillor Morrison Decision Number: CR599/2019 CSPS 73 That the minutes of the Seniors Advisory Committee meeting held August 13, 2019 BE RECEIVED. Carried.

Report Number: SCM 415/2019 & SCM 325/2019 Clerk’s File: MB2019

8.12. Minutes of the Committee of Management for Huron Lodge of its meeting held September 13, 2019

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR600/2019 CSPS 74 That the minutes of the Committee of Management for Huron Lodge meeting held September 13, 2019 BE RECEIVED. Carried.

Report Number: SCM 416/2019 & SCM 366/2019 Clerk’s File: MB2019

8.13. Report No. 2 of the Committee of Management for Huron Lodge - Request for Administrative report regarding history of per diem funding in long term care homes and food per diems in other institutions

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR601/2019 CSPS 75 That Report No. 2 of the Committee of Management for Huron Lodge indicating: That Administration BE REQUESTED to report back on the history of per diem funding in long term care homes and the comparators relating to the allocation of food per diems in other institutions BE APPROVED. Carried.

Report Number: SCM 417/2019 & SCM 365/2019 Clerk’s File: MB2019

Consolidated City Council Agenda - December 16, 2019 Page 17 of 240 Minutes City Council Monday, December 02, 2019 Page 11 of 25

8.14. Minutes of the Meetings of the Executive Committee and Board of Directors, Willistead Manor Inc., held Thursday, September 12, 2019

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR602/2019 CSPS 76 That the minutes of the Executive Committee and Board of Directors, Willistead Manor Inc., meeting held September 12, 2019 BE RECEIVED. Carried.

Report Number: SCM 418/2019 & SCM 371/2019 Clerk’s File: MB2019

8.15. Report No. 108 of the Board of Directors, Willistead Manor Inc., of its meeting held September 12, 2019

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR603/2019 CSPS 77 That Report No. 108 of the Board of Directors, Willistead Manor Inc. of its meeting held September 12, 2019 indicating: That the following persons BE RE-APPOINTED to the Board of Directors, Willistead Manor Inc. for a two year term expiring August 17, 2021:

C. Dettinger M. J. Dettinger C. Gaudette A. Jahns D. Langstone BE APPROVED. Carried. Report Number: SCM 419/2019 & SCM 372/2019 Clerk’s File: MB2019

8.16. Windsor Express Basketball Contract 2019-2020 & 2020-21 - Ward 6

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR604/2019 CSPS 78 That the request of the Windsor Express Basketball Inc. (Ontario Corporation Number 002333069), a team of the National Basketball League of Canada, to enter into a Licence Agreement for the use of the WFCU Centre for the upcoming 2019-20 through 2020-21 seasons BE APPROVED under

Consolidated City Council Agenda - December 16, 2019 Page 18 of 240 Minutes City Council Monday, December 02, 2019 Page 12 of 25 the same terms and conditions as the expiring Licence Agreement save and except for increasing the ticket surcharge from $1.00 to $1.05 as mentioned in point D below:

Terms and Conditions: A. Term - Two-year period from October 1, 2019 to September 30, 2021.

B. Fees - Flat fee per game of $3,500.00 (plus HST), which would include, conversion costs, event staff, bowl/floor rental, two dressing rooms and game day box office staff. Additional services may be selected at the applicable rates including credit card services, VIP parking and security services.

C. Scheduling – With the exception of one regular season game that can be played at Caesars Windsor, the Team will schedule all regular season, playoff and all-star games at the WFCU Centre. The home game dates to be confirmed by no later than September 30th for the upcoming season. The City reserves the right to request a change of up to two games per season for major events.

D. Ticket Surcharge - a surcharge in the amount of $1.05 per ticket (plus HST) will be provided to the City on all tickets sold. This surcharge does not apply to the unlimited number of complimentary tickets that the Team is allowed to distribute in the community.

E. Sponsorship and Advertising – the Team will be responsible for securing its own sponsorship and advertising and must comply with existing agreements in place at the WFCU Centre.

F. Signage – the Team will continue to be provided with a location for a permanent sign “Home of the Windsor Express”, installed at the WFCU Centre, the location of which will be subject to the City’s approval. The Windsor Express will be responsible for the costs to maintain the existing sign.

G. Office/Dedicated Dressing Room – the Team will continue to be provided space for an office or dedicated locker room at no cost. Any costs to renovate and outfit the space will be at the Team’s expense.

H. Practice – the Team will be provided the best available City facility at no charge during non- prime hours.

I. Insurance - the Team will provide liability insurance (at its own cost) in the minimum amount of $5,000,000.00 with other specific terms satisfactory to the City.

J. Box Office Services – the City will provide box office services and will retain convenience fees. The net proceeds from all ticket sales will flow directly to the Windsor Express Team.

K. Equipment – the City will provide the flooring required to host basketball games for the season, as well as access to the general west end score clock, house PA system, and

Consolidated City Council Agenda - December 16, 2019 Page 19 of 240 Minutes City Council Monday, December 02, 2019 Page 13 of 25

media suite. The Team will provide the basketball standards, backboards and nets. The Team is responsible for arranging for the use of additional scoreboards (i.e. Jumbotron) and shot clocks at its own expense.

L. Staffing – the City will provide staffing for the set up and cleaning of the facility. The Team will provide staffing required for team medical services, officials, game day promotions and security as required.

M. Parking – Eight (8) spaces at the back of house will be provided on game days only.

N. Suites – the City has the right to rent suites consistent with current agreements relating to suite licensing. The team retains the ticket revenue from each suite.

O. The Team will be allocated one (1) suite on game days for their use.

P. The City portion of the concession revenue will be split 50% with the Windsor Express and,

That the Chief Administrative Officer and City Clerk BE AUTHORIZED to execute and sign the Licence Agreement, satisfactory in technical content to the Executive Director of Recreation and Culture, in financial content to the Chief Financial Officer and City Treasurer, and in form to the City Solicitor or designate. Carried. Report Number: SCM 420/2019 & S 189/2019 Clerk’s File: SR/11962

8.17. Report on the Casting and Installation of the You + Me Sculpture in Jackson Park - Ward 3

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR605/2019 CSPS 79 That the report from the Manager of Cultural Affairs dated September 9, 2019 entitled “Report on the Casting and Installation of the You + Me Sculpture in Jackson Park – Ward 3” BE RECEIVED; and

That the report BE REFERRED to the International Relations Committee (IRC) to allow for the committee to confirm their commitment to funding this project and explore alternative options other than the use of bronze. Carried. Report Number: SCM 421/2019 & C 160/2019 Clerk’s File: SR/13627

Consolidated City Council Agenda - December 16, 2019 Page 20 of 240 Minutes City Council Monday, December 02, 2019 Page 14 of 25 8.18. Update of Round 2 of the Arts, Culture and Heritage Fund 2019 – City Wide

Moved by: Councillor McKenzie Seconded by: Councillor Morrison Decision Number: CR606/2019 CSPS 80 That the report from the Manager of Cultural Affairs regarding the update on Round 2 of funding of the Arts, Culture and Heritage Fund (ACHF) in 2019 BE RECEIVED. Carried. Report Number: SCM 422/2019 & S 194/2019 Clerk’s File: SR2019

8.19. Social Services Alternate Service Delivery Location - Ward 3

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR607/2019 CSPS 81 That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign a Memorandum of Understanding with the Ministry of Children, Community and Social Services, or governing Ministry as applicable, regarding an alternate service delivery location, subject to approval as to technical content by the Executive Director of Employment & Social Services, as to form by the City Solicitor, and as to financial content by the Chief Financial Officer and City Treasurer, or their designates, and further;

That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign any future Memorandums of Understanding regarding an alternate service delivery location, subject to there being no required net city contribution or significant changes to any terms or conditions, and subject to approval as to technical content by the Executive Director of Employment & Social Services, as to form by the City Solicitor, and as to financial content by the Chief Financial Officer and City Treasurer, or their designates. Carried. Report Number: SCM 423/2019 & S 185/2019 Clerk’s File: SS/13628

10.3. Windsor-Essex Child Care and Early Years Services System Plan 2020- 2025 - City Wide

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR608/2019 CSPS 70 That this report from the Executive Director of Housing and Children’s Services regarding the Windsor Essex Child Care and Early Years Service System Plan 2020-2025 BE ACCEPTED; and,

Consolidated City Council Agenda - December 16, 2019 Page 21 of 240 Minutes City Council Monday, December 02, 2019 Page 15 of 25

That the Executive Director of Housing and Children’s Services BE AUTHORIZED to submit The Windsor Essex Child Care and Early Years Service System Plan 2020-2025 to the Province of Ontario’s Ministry of Education on or before December 31, 2019 as required under the Child Care and Early Years Act; 2014 (CCEYA); and,

That the Executive Director of Housing and Children’s Services REPORT BACK to Council should the Ministry of Education have substantial changes and/or recommendations that are directed by the Minister to be incorporated into The Windsor Essex Child Care and Early Years Service System Plan 2020-2025; and,

That the Executive Director of Housing and Children’s Services BE AUTHORIZED to submit subsequent reports/updates on The Windsor Essex Child Care and Early Years Service System Plan 2020-2025 to the Ministry of Education if required; and further,

That Administration REPORT BACK to the Community Services and Parks Standing Committee once further analysis is completed regarding the causal data related increase in vulnerability as reported in the Early Development Instrument (EDI) and further analysis in terms of breakdowns of EarlyON programs and usage. Carried. Report Number: SCM 412/2019 & S 200/2019 Clerk’s File: SS/13629

11.3. Transit Windsor Service Delivery Review - City Wide

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Decision Number: CR609/2019 ETPS 721 That the Environmental, Transportation & Public Safety Standing Committee sitting as the Transit Windsor Board of Directors TABLE the report, Service Delivery Review by Dillon Consulting, until the December 18, 2019 meeting in order to allow for comments; and

That the Service Delivery Review report be FORWARDED to the Transit Windsor Advisory Committee for comments; and

That a further report be PROVIDED to the Environmental, Transportation & Public Safety Standing Committee in December 2019 detailing recommendations for initial implementation plans. Carried. Report Number: SCM 429/2019 & S 211/2019 Clerk’s File: MT2019

11.4. Appointment of Integrity Commissioner

Moved by: Councillor McKenzie Seconded by: Councillor Morrison

Consolidated City Council Agenda - December 16, 2019 Page 22 of 240 Minutes City Council Monday, December 02, 2019 Page 16 of 25

Decision Number: CR610/2019 That Council DIRECT that Bruce Elman BE APPOINTED as the Integrity Commissioner for the City of Windsor for the term January 1, 2020-December 31, 2021 with the possibility of a further two year renewal upon mutual agreement, on the terms and conditions stated herein; and, That the City of Windsor BE AUTHORIZED to re-enter into an agreement with the Town of Amherstburg for shared Integrity Commissioner Services as outlined in the report; and,

That the City of Windsor BE AUTHORIZED to likewise enter into an agreement with the Town of Lakeshore as outlined in the report; and,

That the Chief Administrative Officer and City Clerk BE AUTHORIZED to execute a contract with Mr. Elman on the said terms and conditions, provided that such contract is approved as to form and technical content by the City Solicitor and as to financial content by the Chief Financial Officer & City Treasurer, and further,

That, when this contract expires and is next considered by Council, that Administration BE DIRECTED to include in its report to Council information regarding the advisability of term limits for Integrity Commissioners, including information on what Windsor’s municipal comparators are implementing in this regard. Carried. Report Number: C 196/2019 Clerk’s File: GM/12076

9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS

None requested.

10. PRESENTATIONS AND DELEGATIONS (5 Minute maximum per delegate)

10.1. Sponsor Recognition Presentation

Jason Moore, Senior Manager of Communication & Customer Service

Jason Moore, Senior Manager of Communications and Customer Service, along with Mayor Dilkens, introduce and recognize the local partner sponsor representatives and present the sponsor recognition plaques as follows:

 Motor City Community Credit Union – Becky Langlois, marketing & Community Relations Manager and Sonia Lenhardt, Branch Manager  Subway – Ashish Brahmbhatt, Franchise Owner and Chair of the Board of Directors, Subway Ontario  The Windsor Star – Craig Pearson, Managing Editor and Beverly Becker, National Director and Local Marketing Director

Consolidated City Council Agenda - December 16, 2019 Page 23 of 240 Minutes City Council Monday, December 02, 2019 Page 17 of 25  Walkerville Brewery – Mike Brkovich, Owner and Representative of the Brkovich Family  Tim Hortons – Chris Caruana, Franchise Owner and Community Supporter  The Keg Steakhouse & Bar – Nigel Downing, General Manager of Devonshire Location.

Moved by: Councillor Sleiman Seconded by: Councillor Bortolin

Decision Number: CR611/2019 That the presentation by Jason Moore, Senior Manager of Communications and Customer Service, along with Mayor Dilkens, introducing and recognizing the local partner sponsor representatives and presenting the sponsor recognition plaques as follows, BE RECEIVED:

 Motor City Community Credit Union – Becky Langlois, marketing & Community Relations Manager and Sonia Lenhardt, Branch Manager  Subway – Ashish Brahmbhatt, Franchise Owner and Chair of the Board of Directors, Subway Ontario  The Windsor Star – Craig Pearson, Managing Editor and Beverly Becker, National Director and Local Marketing Director  Walkerville Brewery – Mike Brkovich, Owner and Representative of the Brkovich Family  Tim Hortons – Chris Caruana, Franchise Owner and Community Supporter  The Keg Steakhouse & Bar – Nigel Downing, General Manager of Devonshire Location. Carried.

10.2. Legislated Five-Year Review of the Windsor Essex 10 Year Housing and Homelessness Master Plan - City Wide

Cassandra Vink, Principal, Vink Consulting

Cassandra Vink, Principal at Vink Consulting appears before Council to present the “Windsor Essex Housing and Homelessness Master Plan”, including the consultation highlights; the current state of housing and homelessness in Windsor Essex; the updated plan (2019-2028); guiding principles; goals; and key targets.

Craig Graves, Resident of Ward 5

Craig Graves, Resident of Ward 5 appears before Council to state support regarding the “Windsor Essex 10 Year Housing and Homelessness Master Plan” as there are many concerns that need to be addressed.

Fiona Coughlin, Executive Director/CEO, Habitat for Humanity Windsor-Essex

Fiona Coughlin, Executive Director/CEO, Habitat for Humanity Windsor-Essex, appears before Council to state support regarding the “Windsor Essex 10 Year Housing and Homelessness Master Plan.”

Consolidated City Council Agenda - December 16, 2019 Page 24 of 240 Minutes City Council Monday, December 02, 2019 Page 18 of 25 Moved by: Councillor McKenzie Seconded by: Councillor Bortolin

Decision Number: CR612/2019 CSPS 82 That this report from the Executive Director of Housing and Children’s Services regarding the Windsor Essex 10 Year Housing and Homelessness Master Plan BE ACCEPTED; and,

That the Executive Director of Housing and Children’s Services BE AUTHORIZED to submit Home, Together: Windsor Essex 10 Year Housing and Homelessness Master Plan and related documents to the Province of Ontario’s Ministry of Municipal Affairs and Housing on or before December 31, 2019 as required under the Housing Services Act, 2011; and,

That the Executive Director of Housing and Children’s Services will REPORT BACK to Council should the Ministry of Municipal Affairs and Housing have substantial changes and/or recommendations that are directed by the Minister to be incorporated into Home, Together: Windsor Essex 10 Year Housing and Homelessness Master Plan; and,

That the Executive Director of Housing and Children’s Services BE AUTHORIZED to submit subsequent Annual Reports on the Home Together: Windsor Essex 10 Year Housing and Homelessness Master Plan to the Ministry of Municipal Affairs and Housing prior to June 30th annually as required in the Housing Services Act, 2011, and,

That Administration BE REQUESTED to provide an Executive Summary containing a proposed timeline one year from the passing of the 10 Year Housing and Homelessness Master Plan while bringing forward recommendations to implement appropriate recommended measures over 2020. Carried. Report Number: SCM 424/2019 & S 197/2019 Clerk’s File: SS/11710

11. REGULAR BUSINESS ITEMS (Non-Consent Items)

11.1. Cahill Drain Provisional By-Law for Repair and Improvement - Ward 1

Steve Nimigon, Property Owner, Ward 1

Steve Nimigon, resident of Ward 1, appears before Council to state opposition regarding the drainage report completed by Rood Engineering Inc. for the repair and improvement to the Cahill Drain as residents would be burdened with the costs for this and asks that Council have the City absorb the costs or defer it until a cost benefit analysis is undertaken and provided to residents.

Mario Iatonna, Chair of the Property Committee, Our Lady of Mt. Carmel Church (Ward 1)

Mario Iatonna, Chair of Poverty Committee, Our Lady of Mt. Carmel Church, appears before Council to provide comment regarding the drainage report completed by Rood Engineering Inc. for

Consolidated City Council Agenda - December 16, 2019 Page 25 of 240 Minutes City Council Monday, December 02, 2019 Page 19 of 25 the repair and improvement to the Cahill Drain, requesting that the recommendation contained in the Cahill Drain report to widen the bridge not be approved by City Council, as the design contemplated would introduce a clear hazard to pedestrians and would put school children at serious risk, and concludes by stating that there has been and continues to be an urgent need to resolve issues involving pedestrian safety around the Cahill Drain in the vicinity of the school and the Church and that the City needs to take a close look at his location, in consultation with both the Church and the school board, to come up with a viable solution that can be introduced at the same time as the Cahill Drain improvements proceed.

Gerard Rood, Rood Engineering

Gerard Rood, Rood Engineering, appears before Council and is available for questions regarding the drainage report completed by Rood Engineering Inc. for the repair and improvement to the Cahill Drain.

Moved by: Councillor Francis Seconded by: Councillor Costante

Decision Number: CR613/2019 That Council ADOPT the drainage report completed by Rood Engineering Inc. dated September 10, 2019 (attached), for the Repair and Improvement to the Cahill Drain by giving first and second readings to Provisional By-law 130-2019 in accordance with Section 45 of the Ontario Drainage Act. Carried. Report Number: C 163/2019 Clerk’s File: SW2019

11.2. Peace Fountain - Options for Repair and/or Replacement

Moved by: Councillor Gignac Seconded by: Councillor Costante

Decision Number: CR614/2019 That the report of the Senior Manager of Facilities dated November 12, 2019 entitled “Peace Fountain – Options for Repair and/or Replacement” BE RECEIVED for information; and further,

That Council APPROVE Option #3 (Hire Consultant & Redesign) as follows:

That City Council APPROVE the retention of a consultant to prepare multiple design options and cost estimates for a future Peace Fountain concept, at a cost of $178,000 to BE FUNDED from balance of $182,500 available in the Peace Fountains Capital Repairs project (7162002); and further,

That Council PRE-APPROVE and AWARD any procurement(s) necessary that are related to the Peace Fountain project, provided that the procurement(s) are within approved budget amounts,

Consolidated City Council Agenda - December 16, 2019 Page 26 of 240 Minutes City Council Monday, December 02, 2019 Page 20 of 25 pursuant to the Purchasing By-law 93-2012 and amendments thereto, satisfactory in financial content to the City Treasurer, and in technical content to the Corporate Leader of Parks, Recreation & Culture and Facilities; and further,

That the Chief Administrative Officer and the City Clerk BE AUTHORIZED to take any such action required to effect the recommendation noted above and sign any required documentation for the Peace Fountain project, satisfactory in legal 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 further,

That the Purchasing Manager BE AUTHORIZED to issue Purchase Orders as may be required to effect the recommendation noted above, subject to all specification being satisfactory in technical content to the Corporate Leader of Parks, Recreation & Culture and Facilities, and in financial content to the City Treasurer; and further,

That Administration BE AUTHORIZED to UNDERTAKE the very basic necessary repairs to comply with the Electrical Safety Authority (ESA) and to allow the current fountain to operate as cost effective as possible within the budget. Carried. Report Number: C 189/2019 Clerk’s File: SR/11962

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 Costante Seconded by: Councillor Francis

Decision Number: CR615/2019 That the report of the In Camera meeting held December 2, 2019 BE ADOPTED as presented. Carried. Clerk’s File: ACO2019

12.2. Report of the Striking Committee of its meeting held November 18, 2019

Moved by: Councillor Costante Seconded by: Councillor Francis

Decision Number: CR616/2019 That the report of the Striking Committee meeting held November 18, 2019 BE ADOPTED as presented. Carried.

Consolidated City Council Agenda - December 16, 2019 Page 27 of 240 Minutes City Council Monday, December 02, 2019 Page 21 of 25

Report Number: SCM 427/2019 Clerk’s File: ACO2019

13. BY-LAWS (First and Second Reading)

Moved by: Councillor Gignac Seconded by: Councillor Holt

That the following By-laws No. 130-2019 and 132-2019 through 134-2019 (inclusive) be introduced and read a first and second time:

130-2019 A PROVISIONAL BY-LAW TO PROVIDE FOR THE REPAIR AND IMPROVEMENT OF THE CAHILL DRAIN (See Item 11.1)

132-2019 A BY-LAW TO FURTHER AMEND BY-LAW 188-2000, BEING A BY-LAW TO APPOINT PROVINCIAL OFFENCES OFFICERS FOR THE CORPORATION OF THE CITY OF WINDSOR, BL98-2011 s. 27.1(l)(i), adopted June 7, 2011

133-2019 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW", authorized by CR555/2019, adopted November 18, 2019

134-2019 A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE 2nd DAY OF DECEMBER, 2019 Carried.

14. MOVE BACK INTO FORMAL SESSION

Moved by: Councillor Kaschak Seconded by: Councillor McKenzie

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 (as presented) 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 (as presented) Carried.

Consolidated City Council Agenda - December 16, 2019 Page 28 of 240 Minutes City Council Monday, December 02, 2019 Page 22 of 25 15. NOTICES OF MOTION

None presented.

16. THIRD AND FINAL READING OF THE BY-LAWS

Moved by: Councillor Morrison Seconded by: Councillor Sleiman

That the By-laws No. 132-2019 through 134-2019 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.

17. PETITIONS

None presented.

18. QUESTION PERIOD

None registered.

21. ADJOURNMENT

Moved by: Councillor Holt 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 8:15 o'clock p.m.

Consolidated City Council Agenda - December 16, 2019 Page 29 of 240 Minutes City Council Monday, December 02, 2019 Page 23 of 25

Adopted by Council at its meeting held December 2, 2019 (CR615/2019) VC/bm

SPECIAL MEETING OF COUNCIL – IN CAMERA December 2, 2019

Meeting called to order at: 5:31 p.m.

Members in Attendance:

Mayor D. Dilkens Councillor F. Francis Councillor F. Costante Councillor C. Holt Councillor R. Bortolin Councillor G. Kaschak Councillor J. Gignac Councillor K. McKenzie Councillor J. Morrison Councillor E. Sleiman

Also in attendance: O. Colucci, Chief Administrative Officer 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 T. Ardovini, 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

Verbal Motion is presented by Councillor Sleiman, seconded by Councillor McKenzie, to move in Camera for discussion of the following item(s):

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Item Subject Section – Pursuant to Municipal No. Act, 2001, as amended

1. Property matter – exchange of 2 3 9 ( 2 ) ( c ) lands

2. Property matter – sale of land 2 3 9 ( 2 ) ( c )

3. Personal/Legal matter – pay 239(2)(b)(d)(e)

equity

Motion Carried.

Declarations of Pecuniary Interest:

None declared.

Discussion on the items of business. (Items 1, 2 and 3)

Verbal Motion is presented by Councillor Holt, seconded by Councillor McKenzie, to move back into public session. Motion Carried.

Moved by Councillor Gignac, 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 December 2, 2019 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, City Planner, Corporate Leader, Parks, Facilities, Recreation and Culture and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a property matter – exchange of lands BE APPROVED.

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2. 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 City Planner respecting a property matter –sale of land BE APPROVED.

3. That the recommendation contained in the in-camera report from the Executive Director of Human Resources, Acting Total Compensation Specialist, City Clerk/Licence Commissioner and Corporate Leader Public Engagement and Human Resources, City Solicitor and Corporate Leader Economic Development and Public Safety, Corporate Leader, Parks, Facilities, Recreation and Culture and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a personal/legal matter – pay equity BE APPROVED. Councillors Francis and Gignac voting nay.

Motion Carried.

Moved by Councillor Sleiman, seconded by Councillor Francis, That the special meeting of council held December 2, 2019 BE ADJOURNED. (Time: 5:42 p.m.) Motion Carried.

Consolidated City Council Agenda - December 16, 2019 Page 32 of 240 Item No. 7.1

Correspondence Report: CMC 19/2019

ATTACHMENTS

Subject: Correspondence Monday, December 16, 2019

No. Sender Subject 7.1.1 Local Planning Local Planning Appeal Tribunal decision issued for Appeal Tribunal CAMPP Windsor Essex Residents Association, By-law No. 132-2018, Case No. PL180842

City Solicitor Deputy City Solicitor City Planner Chief Building Officer City Engineer ZO/13090 Note & File 7.1.2 Town of Tecumseh Council of the Corporation of the Town of Tecumseh will hold a public meeting Tuesday, January 14, 2020 at 6:00 p.m. in the Horwood Room, located in the Tecumseh Arena at 12021 McNorton Street to consider proposed Official Plan and Zoning By-law amendments for a 4.4 hectare parcel of land located southeast of the Tecumseh Road/Southfield Drive intersection to redesignate from “General Commercial” and “Residential” to “Residential” and to facilitate the development of lands for two additional apartment buildings

City Planner City Solicitor Development Applications Clerk City Engineer GM2019 Note & File

Consolidated City Council Agenda - December 16, 2019 Page 33 of 240 No. Sender Subject 7.1.3 Mayor’s Office Memo to Mayor and Members of Council regarding Sponsorship Request for Annual Willistead Volunteer Reception that will be held on Sunday, January 26, 2020

City Treasurer COUNCIL DIRECTION REQUESTED, otherwise SR2019 Note & File 7.1.4 Manager of Urban Site Plan Approval, Greater Essex County District Design School Board, 3070 Stillmeadow Road, new public school – Parkview Elementary

ZS/13658 Note & File

Consolidated City Council Agenda - December 16, 2019 Page 34 of 240 Item No. 7.1.1

Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local

ISSUE DATE: December 03, 2019 CASE NO(S).: PL180842

The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 386823 Ontario Limited Appellant: CAMPP Windsor Essex Residents Association Appellant: Fanelli Real Estate (South Airport Lands) Limited Partnership Subject: Proposed Official Plan Amendment No. 120 Municipality: City of Windsor LPAT Case No.: PL180842 LPAT File No.: PL180842 LPAT Case Name: CAMPP Windsor Essex Residents Association v. Windsor (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: CAMPP Windsor Essex Residents Association Subject: By-law No. 132-2018 Municipality: City of Windsor LPAT Case No.: PL180842 LPAT File No.: PL180843

Heard: October 8, 9 and 10, 2019 in Windsor, Ontario

Consolidated City Council Agenda - December 16, 2019 Page 35 of 240 2 PL180842

APPEARANCES:

Parties Counsel

CAMPP Windsor Essex Residents E. Gillespie Association (“Campp”) I. Flett

386823 Ontario Limited (“386”) P. McCullough

City of Windsor (“City”) P. Gross W. Vendrasco J. King

Windsor Regional Hospital (“WRH”) M. Bull K. Mullin

DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL

INTRODUCTION

[1] This Decision upholds the City of Windsor’s decision to establish a planning framework, in the form of the County Road 42 Secondary Plan (“SP”), for the future expansion of the southeast part of the City. It also upholds Windsor’s decision to pass a Zoning By-law Amendment (“ZBA”) to implement one area of the Secondary Plan permitting a Major Institutional use, being the proposed Windsor Regional Hospital at County Road 42 and Concession Road 9.

[2] Persons engaged in or following the hospital issue in Windsor might reasonably think that this dispute is only about the location of a new hospital. While the hospital location figures prominently in the appeals, especially with respect to the ZBA, the matters before the Tribunal are much wider. The SP is a comprehensive planning framework to guide the development of the next phase of Windsor’s anticipated expansion. 386’s appeal, completely unrelated to the hospital, is testament to the breadth of planning issues raised by the SP. The planning considerations surrounding such a SP invoke virtually every section of the Provincial Policy Statement, 2014 (“PPS”). The City, when deciding to adopt the SP, and the Tribunal, when considering

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these appeals, are statutorily bound to ensure that the SP is consistent with the PPS.

[3] The legislative tests are explained in more detail below. By way of introduction, the ZBA too must be consistent with the PPS and must also conform with the City’s Official Plan (“OP”). This ZBA is integrally tied to the SP. If the SP satisfies the statutory tests and is approved, a ZBA implementing that SP or a part of it may be considered in light of the SP itself as well as under the OP as a whole. Section 24 of the Planning Act (“Act”) ensures that a SP comes first, followed by a ZBA.

[4] Here lies the nuance that may not be readily apparent to interested observers. Within the context of an expanding City, assuming for the moment that all of the necessary justifications are satisfied, where an OP (in this case amended by the SP) permits a Major Institutional use in connection with a comprehensively planned area of the City, that use may be permitted by an implementing ZBA. Again, the ZBA is measured against the whole of the OP, including the SP. For the reasons set out in this Decision, the ZBA conforms with the OP and SP.

[5] Also for context, of importance is what is not before the Tribunal. This case is a land use planning appeal. It is not an appeal to the health care planning process, its criteria for site selection or the alternative sites evaluated but not chosen. It is quite possible, based on various criteria or the body evaluating them, that some might conclude that a better site exists for the proposed hospital. The Tribunal cannot and need not determine that County Road 42 and Concession Road 9 is the best site for a regional hospital. The Tribunal’s task is to ascertain whether the planning instruments before it satisfy the tests under the Act. At its core, the Tribunal is asked to determine, from a land use planning perspective, whether the SP and ZBA are consistent with the PPS and whether the ZBA conforms with the OP.

PROCEDURAL BACKGROUND

[6] The City of Windsor (“City”) adopted the County Road 42 Secondary Plan, consisting of a mix of institutional, employment, and residential uses, all located south of

Consolidated City Council Agenda - December 16, 2019 Page 37 of 240 4 PL180842

Windsor International Airport in the southeast part of the City. This secondary planning process was prompted by Windsor Regional Hospital’s desire to develop a new regional hospital at County Road 42 and Concession Road 9. On September 17, 2018, the City adopted the Secondary Plan as Official Plan Amendment No. 120 (“OPA 120”) and also passed Zoning By-law Amendment No. 132-2018 (“ZBA”) to establish the necessary zoning for the hospital site.

[7] Three appeals were lodged against OPA 120 pursuant to s. 17(36) of the Act by CAMPP Windsor Essex Residents Association (“Campp”), 386823 Ontario Limited (“386”) and Fanelli Real Estate (South Airport Lands) LP (“Fanelli”). Fanelli subsequently withdrew its appeal. One appeal was lodged against the ZBA pursuant to s. 34(19) of the Act by Campp.

[8] The Tribunal convened a mandatory Case Management Conference (“CMC”) on March 20, 2019 and issued its decision on April 16, 2019. Windsor Regional Hospital (“WRH”) was granted party status at the CMC. Subsequent disputes over the Issues List for each appeal were heard by written Motion and the Tribunal issued that decision on August 9, 2019.

[9] In both Decisions following the CMC, the Tribunal had directed the parties to file an Agreed Statement of Facts and Evidence (“ASF”). In the end, the Parties could not arrive at a consensus within the allotted time and no ASF was completed. However, the process of dealing with the ASF precipitated a Motion for recusal from Campp. The Motion was heard and denied at the outset of this hearing. Brief oral reasons were given during the hearing and written reasons are provided at the end of this Decision.

LEGISLATIVE FRAMEWORK

[10] This Bill 139 matter proceeds under the legislative framework for planning appeals proclaimed on April 3, 2018 involving the Local Planning Appeal Tribunal Act, 2017 (“LPAT Act”) and concurrent amendments to the Planning Act (“Act”). Regulations under the more recently enacted Bill 108 confirm that this proceeding continues under

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the LPAT Act and the Planning Act as they read before September 3, 2019.

[11] Section 3(5) of the Act has a longstanding requirement that decisions of a municipality and the Tribunal that affect a planning matter:

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

[12] In this case, the decisions of the City to adopt OPA 120 and to pass the ZBA must be consistent with the PPS. Under the applicable legislative framework, these consistency and conformity tests are expanded to apply to the appeals.

[13] Section 17(24.0.1) of the Act permits appeals of an adopted OPA only on the basis of consistency and conformity, as follows:

Basis for appeal (24.0.1) An appeal under subsection (24) may only be made on the basis that the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper- tier municipality’s official plan.

[14] Similarly, in s. 34(19.0.1) of the Act, appellants are required to address the consistency and conformity tests in an appeal to an adopted ZBA, as follows:

Basis for appeal (19.0.1) An appeal under subsection (19) may only be made on the basis that the by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan. 2017, c. 23, Sched. 3, s. 10 (5).

[15] Windsor is a single-tier municipality with its own OP. There is no upper-tier OP and no applicable provincial plan. Thus, the sole test for OPA 120 is its consistency with the PPS, and the tests for the ZBA are its consistency with the PPS and its conformity with the City’s OP. OPA 120 is an amendment to the OP and, if approved,

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becomes part of the OP.

[16] The Tribunal’s jurisdiction on the OPA 120 appeals is found in s. 17(49.1) of the Act whereby “the Tribunal shall dismiss the appeal” unless it “determines that a part of a decision … is inconsistent with a policy statement issued under subsection 3(1)” (s. 17(49.3)).

[17] Likewise, the Tribunal’s jurisdiction on the ZBA appeal is found in s. 34(26) of the Act whereby “the Tribunal shall dismiss the appeal” unless it “determines that a part of the by-law … is inconsistent with a policy statement issued under subsection 3(1) … or fails to conform with an applicable official plan” (s. 34(26.2)).

[18] In summary, if the Tribunal finds OPA 120 and the ZBA to satisfy the consistency and conformity tests under the Act, the appeals would be dismissed and the City’s decision would stand. If the Tribunal finds OPA 120 or the ZBA to not satisfy the consistency and conformity tests, the appeals would be allowed, the instruments would not be approved and would be remitted to the City with an opportunity to make a new decision (s. 17(49.3) and s. 34(26.4)).

[19] While not an explicit test for an OPA or ZBA, s. 2 of the Act assigns an overarching duty to the Tribunal to have regard to matters of provincial interest, as listed in that section, when carrying out its responsibilities under the Act.

[20] At the CMC, the Tribunal established Parties and Participants and marked as Exhibits the documents filed in accordance with the LPAT Act (i.e., enhanced municipal record, appeal records, responding records, WRH party status submission and Participant statements). An oral hearing was held in accordance with the procedures under the LPAT Act. The Tribunal did not request any Party to produce a witness for examination by the Tribunal. This Decision is made on the basis of the written record noted above, the consolidated Issues List, and the Parties’ submissions.

[21] In arriving at its Decision, the Tribunal considered the affidavit evidence of the

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experts proffered by the Parties.

[22] Campp submitted an affidavit from Jennifer Keesmaat, Registered Professional Planner (“RPP”) in support of its appeals. The City responded with affidavits from City staff Justina Nwaesei, RPP and Michael Cooke, RPP, as well as from Carol Wiebe, consulting planner and Daryl Keleher, consulting RPP and land economist.

[23] 386 submitted an affidavit from Theodore Halwa, consulting RPP, in support of its appeal. The City responded with affidavits from staff Ms. Nwaesei and Mark Winterton, P.Eng, the City’s Engineer.

PLANNING BACKGROUND

[24] The planning background to the SP is uncontested and not before the Tribunal. Several planning milestones lead to the passage of this SP.

[25] In 1996, the City began planning for its future growth and that process resulted in the Minister of Municipal Affairs and Housing approving a Boundary Adjustment Agreement in 2002 transferring 2,530 hectares(“ha”) from the Town of Tecumseh to the City. Because those lands were in agricultural use, the PPS necessitated a Municipal Comprehensive Review (“MCR”) to assess the appropriateness of their conversion to future urban uses. Supported by a MCR, the City adopted OPA 60 to bring the new lands into the settlement area of the City. OPA 60 was approved by the Tribunal’s predecessor, the Ontario Municipal Board, in 2007.

[26] OPA 60 established various land use designations including future urban and employment areas, and open space and natural heritage designations. Most of the OPA 60 area, including the area encompassed by this SP, was identified as Agricultural Transition Area where “development in this area will be subject to the completion of Secondary Plans and the availability of municipal servicing and infrastructure” (OP s. 1.23).

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[27] Two implementing OPAs predate the current SP within the OPA 60 settlement area. The East Pelton Secondary Plan was established by OPA 74 in 2010 and by OPA 94 in 2016 for residential, institutional and other land uses to the west of the current SP area.

[28] In preparation for the eventual build-out of the OPA 60 area, the City installed a trunk sanitary sewer to the area in 2011. The City and the Town of Tecumseh completed the Lauzon Parkway—County Road 42 Environmental Assessment (“EA”) in 2014 setting out the future arterial roads. The City, with the Essex Region Conservation Authority (“ERCA”) and the Town of Tecumseh, is in the process of completing the Upper Little River Watershed Master Drainage and Storm Water Management Plan (“SWM Master Plan”) affecting a large area including the southeast part of the City.

CAMPP APPEALS

[29] The Parties address the SP and ZBA together in their arguments with the understanding that the statutory tests are different for the SP than the ZBA. In Campp’s oral submissions, it did not argue overtly that the SP must conform with the OP by operation of s. 4.7 of the PPS. However, occasionally in Campp’s written submissions and frequently in Ms. Keesmaat’s affidavit, the SP is entwined with policies in the OP.

[30] For clarity, the Tribunal does not accept that conformity with the OP is a test for the SP (i.e., an OPA) under s. 17(24.0.1) and s. 17(49.3) of the Act. Section 4.7 of the PPS reinforces that the SP must be consistent with the PPS stating that “the official plan is the most important vehicle for implementation…” The Tribunal accepts that for pragmatic purposes, the SP must fit coherently into the structure of the OP, and for that reason, certain references to OP policies may be relevant. However, the PPS, as a policy statement, cannot be read to expand the basis of a test articulated clearly in legislation.

[31] Campp opposes the SP and ZBA, arguing that insufficient justification exists to support the designation of these 400 ha for development and that many aspects of the

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SP generally, and the ZBA for the hospital specifically, are inconsistent with the PPS and do not conform with the OP. Campp supports a new hospital but opposes it on the proposed site at the periphery of the City in favour of a more central location. Campp asks the Tribunal to allow the appeal and return OPA 120 and the ZBA to the City for a new decision.

[32] Campp relies on the affidavit of Ms. Keesmaat, whom in turn, adopts and relies upon the positions and analysis of her client in arriving at her conclusions (Exhibit 3, Tab D, para. 20). In so doing, Ms. Keesmaat agrees with the challenges raised by Campp to certain studies of the City or WRH.

[33] The City and WRH request that Campp’s appeals be dismissed, arguing that the SP applies to the next logical area to accommodate the City’s anticipated growth within the planning horizon set out in the PPS. The SP is a necessary and prescribed method of planning comprehensively for the area based on OPA 60, approved in 2007, which brought into the settlement area of the City lands previously transferred through a boundary adjustment.

[34] The City and WRH cite support in the numerous studies conducted in preparation for WRH’s applications and further studies conducted at the City’s request and leading to the City’s approval of the applications. They rely on the affidavits of RPPs and other experts in support of their position that the SP and ZBA satisfy the legislative tests of consistency and conformity.

Consultation

[35] Campp asserts that the City failed to consult adequately with Indigenous communities in the preparation of the SP and ZBA. Campp acknowledges that it is not alleging a breach of the legal duty to consult that pertains, for example, to the Province of Ontario, but that the City failed to uphold the spirit and intent of the PPS and OP.

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[36] The PPS states,

1.2.2 Planning authorities are encouraged to coordinate planning matters with Aboriginal communities.

[37] The OP contains a similar policy:

10.2.1.14 Consultation with First Nations will take place as part of a development application or detailed planning study.

[38] The City and WRH respond that three well-attended public information sessions were notified and convened by WRH before submitting the OPA and ZBA applications. After submission, the City displayed the Applicant’s studies and applications on its website, published notice of the public meeting in the Windsor Star newspaper, and held a lengthy public meeting, all in accordance with the Act. The City followed its standard practice of notifying departments, groups and agencies by email, including the Walpole Island First Nation and Caldwell First Nation. When comments were not received from the First Nations, a follow-up email was also sent.

[39] For the reasons that follow, the Tribunal is satisfied that the SP and ZBA are consistent with the PPS and that the ZBA conforms with the OP regarding consultation with Aboriginal communities. As argued by the City and WRH, these applications were highly publicized throughout the City. The hospital planning process was extensive and controversial, and by the time planning applications were made, the record suggests that a full understanding of the proposal was widespread.

[40] Coordination and consultation connote discussion which implies a two-way conversation. The City must take reasonable steps to provide notice but cannot force a party to the table. An interested stakeholder bears some responsibility to respond to an invitation to participate whether that invitation arises from direct email, published notice or general knowledge in the community.

[41] The PPS utilizes verbs carefully and intentionally. Part III of the PPS provides instruction on how to interpret positive directives such as “shall” as compared to

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enabling or supportive language such as “encourage.” The policy in question encourages but does not mandate the coordination of planning matters with Aboriginal communities. The Tribunal finds that, in the circumstances of these community-wide and publicly known issues, the City encouraged full participation of all potential stakeholders. Similarly, through the various channels, the City took reasonable steps to invite First Nations to enter into consultation as contemplated by the OP.

[42] In hindsight, more could have been done to consult local Indigenous communities. Campp raises the Truth and Reconciliation Commission of Canada’s directives in support of finding new ways to engage fairly, openly and equally. However, in the case at hand, the statutory requirements for notice were satisfied, and even in the absence of more, the City’s efforts at consultation are considered sufficient to satisfy the policies.

[43] Campp also argues that the City failed to satisfy its own OP directives to build consensus (s. 3.2.4.1), respond to community concerns (s. 3.2.4.1) and to communicate effectively (s. 4.2.5.3). The Tribunal does not find these sections of the OP to prevent the approval of this ZBA. These valid civic goals articulate a standard to which the City intends to hold itself. The Tribunal notes that full consensus is rare if not unlikely in any land use matter and that the City’s realistic goal is to build consensus, not achieve it. In addition, the Tribunal accepts the opinions of Ms. Nwaesei and Ms. Wiebe that the public notice and processes described above demonstrate effective communication and a responsiveness to input.

Need

[44] Campp argues that the SP is premature and unnecessary for the City to meet its population and employment projections. To that end, Campp finds fault in the methodology used to calculate the land needs upon which the SP is based.

[45] The City responds that Campp merely raises an apprehension that insufficient need exists and does not provide evidence demonstrating that the studies are in error.

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WRH suggests that Campp continues to fundamentally misunderstand the data even after all of their questions were answered by the appropriate experts.

[46] The PPS requires that:

1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 20 years. …

Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas.

[47] The growth management analysis justifying the need for residential and employment land in the SP is documented clearly in the Background Report (EMR p. 1193 - 1203) and need not be repeated here. It accounts for a slowing of population growth, allocates housing and employment demand to existing designated properties first, assigns a further 10% of units through intensification across the City, imposes a higher housing density in the SP area than is typical for the City, and delays estimated employment projections by five years.

[48] Perhaps owing to the above efforts to not over-estimate anticipated land needs, a peer review of the land needs study found the land estimates to be understated. For the residential calculation, after accounting for updated population data and more precise household sizes, Mr. Keleher concludes that an additional 100 ha will be required above the study’s estimate of 133 ha. For employment land, Mr. Keleher arrives at an estimated need 30 ha higher than the 143 ha accounted for in the SP area.

[49] No apprehensions are raised by the peer review of the land needs study as to the justification for the residential and employment areas in the SP. On the contrary, the review suggests that more land is warranted within the 2036 horizon, with the implication that the SP area could have been larger. The peer review concludes that the land needs study understates the required land needs, but also concludes that the analysis properly follows the provincial guidelines and represents a reasonable approach in support of the SP.

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[50] The Tribunal finds that the needs analysis required by the PPS is met by the thorough study, robust peer critique and conservative results. The area for residential and employment uses is found to be reasonable especially given its likelihood to under- represent the potential demand. The Tribunal finds no evidence to support Campp’s assertion that the projections and land needs calculations are flawed. Based on the record, the Tribunal cannot reconcile the opinions of Ms. Keesmaat related to the forecasts and land needs with the thoroughly substantiated studies provided by WRH and accepted by the City.

[51] If there is any doubt remaining, the Tribunal reduces the issue to the following points. Roughly half of the demand for new housing derives from population growth; the other half derives from the decline in household size. A total estimate of 6,900 new dwelling units are required by 2036. Roughly half of these new units are expected to be accommodated through infilling and intensification; the other half remain to be accommodated within the SP area. Similarly, for projected employment land needs, roughly two-thirds are attributed to existing properties, including brownfields; one-third remain to be accommodated within the SP area. All details aside, these allocations represent a reasonable approach consistent with the PPS when planning for a growing City.

Location and Design

[52] Campp cites several PPS policies in support of its contention that the SP location and design are inefficient, car dependent, not transit supportive, costly to service, and contrary to supporting the downtown. Similar arguments are ascribed to the ZBA with an emphasis on downtown viability, brownfields redevelopment and accessibility.

[53] The City responds that the SP is a comprehensive plan for the next logical phase of the City’s development where compact form, a mix of land uses, and multiple modes of transportation are supported. With reference to the ZBA, WRH emphasizes that the existing hospital sites in the City will be repurposed for various medical services as part

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of the Windsor-Essex Hospitals System (“WEHS”).

[54] The following sections of the PPS are the focus of these issues.

1.1.1 Healthy, liveable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential …, employment …, institutional … and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) … e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure … and public service facilities are or will be available to meet current and projected needs; and h) promoting development and land use patterns that … consider the impacts of a changing climate.

1.1.3.2 Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3. minimize negative impacts to air quality and climate change, and promote energy efficiency; 4. support active transportation; 5. are transit-supportive, where transit is planned, exists or may be developed; and

b) a range of uses and opportunities for intensification and redevelopment …

1.2.3 Planning authorities should coordinate emergency management and other economic, environmental and social planning considerations to support efficient and resilient communities.

1.6.3 Before consideration is given to developing new infrastructure and public service facilities:

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a) the use of existing infrastructure and public service facilities should be optimized; and

b) opportunities for adaptive re-use should be considered, wherever feasible.

1.6.4. Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services.

1.7.1 Long-term economic prosperity should be supported by: …

c) maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets;

…

e) promoting the redevelopment of brownfield sites;

[55] Ms. Keesmaat opines that “directing growth to existing serviced areas prior to building new infrastructure is the foundation of the responsible use of land in the PPS.” She considers the SP to “not support compact growth or a movement towards a more balanced transportation system where walking, cycling and transit are designed as foundational to the City of Windsor’s movement systems.” Further, Ms. Keesmaat opines that removing the hospital from the city centre weakens the downtown as a major economic centre.

[56] In response, Ms. Nwaesei opines that the City must accommodate all land uses to meet projected needs and that the SP, located within the City’s settlement boundary, provides for a compact community with an integrated transportation system including transit and active transportation. Ms. Wiebe describes the various health care services and associated employment that will remain in the downtown as planned by the WEHS and considers that the planned health care reinvestments in the City centre, along with other businesses, cultural venues, government offices and entertainment uses, will maintain the downtown as the focus of cultural, social and economic activities.

[57] The Tribunal finds that the SP is consistent with the PPS. It comprehensively plans for the City’s growth, as justified by the needs analysis reviewed above, and provides for a mix of uses, densities, modes of transport, and a fiscally responsible

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approach to the phasing and costs of municipal services, from transit to greenspace to storm water management. The supporting studies respect the notion of optimizing existing infrastructure by allocating anticipated growth to developable parcels of land within the built-up areas of the City, including brownfields. The Tribunal agrees with Ms. Nwaesei that the PPS does not prioritize brownfields redevelopment over greenfields. In this case, both are required to meet the land needs for residential and employment uses in the City over the planning period to 2036.

[58] The Tribunal finds the ZBA for the new hospital location to be consistent with the PPS and to conform with the OP. There is little doubt that a new hospital located somewhere centrally in the City might also be found to satisfy the policies of the PPS and the OP. Nevertheless, an alternative site for the hospital is not before the Tribunal. The potentiality of a better site must not factor into the Tribunal’s analysis. The task of the Tribunal is to determine on the evidence whether the ZBA permitting a hospital in the proposed location is consistent with the PPS and in conformity with the OP. WRH accurately identifies this subtle difference:

The question of site selection is not part of the appeal test the Tribunal must consider, nor is the question of how best to deliver health care services a land use planning issue. The Planning Applications did not seek approval for the proposed hospital location. Rather they sought approval for the implementing land use policies and regulations that arise from the decision to locate the New Regional Hospital at this location. (WRH Outline of Oral Submissions, para. 23)

[59] The City’s support for the WRH proposal responds to the PPS requirement to provide for public service facilities to meet current and projected needs. Although build out will take time, its location within a planned area of the City will be adjacent to residential and commercial areas accessible by walking, cycling and transit. The planned transit services to the hospital will ensure access for those persons from a distance who cannot or choose not to drive. Area road connections and improvements have been planned through separate EA approvals which also include provisions for active modes of travel. In support of downtown employment and services, the existing hospital sites in or closer to the City centre are planned for adaptive re-use, including

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the provision of numerous health care services guided by the region-wide WEHS plan.

[60] The OP reflects many of the same planning themes as the PPS, albeit with a necessarily specific Windsor lens. Many of the issues above apply equally to the ZBA’s conformity with the OP. The main additional ZBA issues raised by Campp are examined next.

[61] The OP encourages emergency services in close proximity to where people live (s. 4.2.7.3) and seeks to integrate institutions within the City’s neighbourhoods. Campp argues that the ZBA fails to achieve both of these intentions. The Tribunal concurs with Ms. Wiebe’s response that emergency services include fire, police, ambulance and other services, as well as an acute care hospital, and that it is not possible for every service to be in close proximity to all residents. The proposed site will provide service to all residents whether nearby, across the City or in the outlying areas served by the WEHS. Again, the hospital site is part of a comprehensively planned growth area of the City that will be connected to adjacent residential, commercial, business park and natural areas.

Mobility

[62] Campp raises several issues of mobility, including distance, transit, accessibility, active transportation (e.g., walking, cycling) and vehicle trips. Ms. Keesmaat considers the sum of the PPS and OP directions to unequivocally support a downtown location for the new hospital. Conversely, the City’s affiants consider the proposed site, as an anchor and major activity node in the SP, to satisfy all of the locational and design policies related to mobility.

[63] Several PPS policies are applicable to this SP and ZBA regarding mobility:

1.6.7.1 Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs.

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1.6.7.4 A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation.

1.6.7.5 Transportation and land use considerations shall be integrated at all stages of the planning process.

1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and climate change adaptation through land use and development patterns which:

a) promote compact form and a structure of nodes and corridors;

b) promote the use of active transportation and transit in and between residential, employment (including commercial and industrial) and institutional uses and other areas;

c) focus major employment, commercial and other travel-intensive land uses on sites which are well served by transit where this exists or is to be developed, or designing these to facilitate the establishment of transit in the future;

…

e) improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion;

[64] Complementary policies can be found in the OP pertaining to the ZBA:

3.2.3.1 Windsor will work toward achieving a sustainable transportation system where all modes of transportation can play a more balanced role. The creation of mixed use and employment centres will allow businesses and services to be closer to homes and allow greater opportunities for walking, cycling and transit.

6.6.1.2 To ensure that all institutional uses are strategically located within Windsor to be both accessible and act as neighbourhood focal points.

[65] The OP also calls for walkable neighbourhood centres serving the daily needs of residents (s. 4.2.1.6 and s. 4.2.3.2), integrating institutions within neighbourhoods (s. 6.1.6) and providing separated pedestrian and cycling access that is safe and convenient (s. 6.6.2.5(d)) as well as public transportation (s. 6.6.2.5(e)). Similar themes are found in the transportation policies (s. 7.2.2.21, s. 7.2.2.25 and s. 7.2.5.2).

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[66] The Tribunal notes that many of the above policies are future oriented, with references to projected needs, the future use of transit, and working towards a more balanced transportation system. They account for the necessary time to plan and implement improvements to the transportation system.

[67] A reading of the SP demonstrates that the full range of transportation options are promoted at every opportunity. Mixed uses and densities will support public transportation (s. 8.2.4). Guideline plans for each phase of development with the SP area will address transportation, including trails and cycling routes (s. 8.3.1.7(f) and s. 8.5.2.6). Mixed use areas will support public transit, walking and cycling (s. 8.4.5.1.5).

[68] The SP has been prepared in step with transportation planning. EAs have been completed for roads serving the SP area as well as the larger area of OPA 60. Provisions and plans have been made to ensure that transit and active forms of transportation are incorporated into the build-out of the SP area.

[69] Campp raises a probing question: how can a new hospital 13 kilometres from the City centre satisfy the locational aspects of mobility? Compared to the two existing hospital sites, Campp calculates the new site to generate, on average, a 27% increase in travel distance.

[70] The City responds that the transportation impacts of any major activity node in the City, wherever they may be located, are similar whether the use is a major industry or a regional institutional facility. The City emphasizes that a Regional Employment Centre was already identified within the area of this SP by OPA 60, and that OPA 120 now also identifies the proposed hospital site as a Regional Institution Centre on Schedule J, Urban Structure Plan in the OP. The hospital is intended to anchor this regional employment node and will be serviced and accessible by roads, trails and transit.

[71] As indicated earlier, the Tribunal is not charged with comparing one hospital site to another or comparing the existing hospital sites to the proposed site. Campp raises

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valid questions relevant to the health services planning exercises that predate these planning applications, and its questions have no doubt contributed to a thorough analysis of how best to accommodate the region’s health care needs. The Tribunal’s focus is the SP, including a site designated as Major Institutional, and an implementing ZBA for the hospital, and whether these planning instruments meet the consistency and conformity tests of the Act.

[72] Ideally, all large services and facilities might be located in the centre of an urban area. A downtown, university, hospital or manufacturing facility, all located at the geographic centre, would minimize the total travel distance of all residents to those facilities. In the actual and gradual evolution of a city, such ideals are not practical or possible. Like many cities, Windsor’s own downtown is not centred in the City. It has grown from its river-side location at the north limit of the City. For the SP area, mobility and accessibility are addressed by the City’s policy commitment to servicing the hospital site with public transit and by its integration with existing and future neighbourhoods, business areas and transportation corridors.

[73] While not a test under the Act, the SP is found to conform with the structure of the OP in respect of it containing both a Regional Institutional Centre and a Regional Employment Centre as contemplated by the OP (s. 3.3.1.2). The ZBA similarly conforms with the OP.

Infrastructure

[74] Campp contends that servicing a new part of the City is not cost-effective and that the hospital location is at risk of flooding. In rebuttal, the City and WRH reference the financial studies completed and the SWM Master Plan work underway for the OPA 60 area including the SP area and the hospital location.

[75] The relevant PPS policies are noted below, and similar directions are found in the OP’s Infrastructure policies (s. 7.3).

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1.6.1 … Planning for infrastructure … and public service facilities shall be coordinated and integrated with land use planning so that they are:

a) financially viable over their life cycle … and

b) available to meet current and projected needs.

1.6.3 Before consideration is given to developing new infrastructure and public service facilities:

a) the use of existing infrastructure and public service facilities should be optimized; and

b) opportunities for adaptive re-use should be considered, wherever feasible.

3.1.5 Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is:

a) an institutional use including hospitals …

[76] As cited earlier, the PPS requires the efficient use of infrastructure and public service facilities and the avoidance of their unjustified and/or uneconomical expansion (s. 1.1.3.2(a)2).

[77] As Ms. Nwaesei explains, the SP financing section is based on the principle that growth will pay for the cost of new servicing to the greatest extent possible in law. Each phased development must produce a Master Servicing Report (“MSR”) to establish the feasibility and costs associated with necessary services. The City conducted a development charge study and passed a development charge by-law for the area and each MSR will inform future changes to development charges.

[78] EAs have been completed for major roadways serving the area, including the Lauzon Parkway and north-south cycling routes. Ms. Nwaesei reports that some of the planned improvements are under construction.

[79] The Tribunal finds that the extension of infrastructure to service the SP area and the hospital is neither unjustified nor uneconomical. The needs analysis reviewed earlier provides the necessary justification for the area to be developed and accounts

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for the utilization of existing infrastructure by allocating projected growth to existing designated properties within the built-up City. Development charges and other financial tools available to the City, guided by the OP, are sufficient to ensure that development pays for the service demands that it creates, and that long-term maintenance and replacement are financially planned.

[80] With respect to flooding, the municipalities and ERCA are preparing the SWM Master Plan. In support of the SP and ZBA, a Servicing Background Investigation Study was completed in 2018 to address, among other things, stormwater management and drainage. Ms. Wiebe reports, based on that study, that stormwater can be addressed as development proceeds and adjusted as necessary in accordance with the SWM Master Plan when completed. Ms. Nwaesei confirms that the hospital will not be built in a floodplain and that all requisite permits will be obtained from the ERCA.

[81] Through its experience and as evidenced in its planning documents, Windsor understands the importance of flood prevention and management. Extensive areas of the SP area are dually designated as Storm Water Management System and Non-Core Natural Heritage. The Tribunal is satisfied that the SP and ZBA satisfy the consistency and conformity tests and that the City will ensure that the new hospital and other developments with the SP area will not be located on hazardous lands.

Agriculture

[82] Campp takes issue with the SP being located on farmland. It argues that resources and greenspace are not protected as required by the PPS (s. 1.1.3). Ms. Keesmaat opines that OPA 120 prematurely develops active farmland.

[83] The City and WRH counter that the SP area, as part of the boundary adjustment process, was properly justified by a MCR and designated for future urban uses.

[84] It is true that active farmland exists in the area affected by the SP. It is not correct, however, that its development is premature. The needs analysis for the SP

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area provides ample justification as described earlier. Both the SP area and existing infill sites within the City are required to meet the population’s growing demand for urban land uses. Moreover, within the SP area itself, development will be phased based on demand and the provision of necessary services.

[85] The Tribunal agrees with the City and WRH that from a planning perspective, the SP area has not been designated as Agriculture since before 2007 when OPA 60 was approved. That amendment placed the area into the City’s settlement boundary and ceased its designation for agricultural purposes. Its change in designation did not mean the end of agriculture in the area, as proven by its ongoing production today. The OP’s Agriculture Transition Areas policies allow for the continuation of existing agricultural operations until development plans are approved. The Tribunal foresees that development will occur incrementally according to the SP policies and that tracts of the SP area will remain in crop production until converted to urban uses. The loss of farmland in Ontario underpins the PPS and other provincial policies that fervently protect agricultural land, especially prime land, unless fully justified for other uses. The City abided by these principles in OPA 60 and again in OPA 120.

[86] The SP is premised on accommodating the population and employment needs of the City to 2036. The planning for this area to accommodate growth began in 1996. That timeframe spans some 40 years. If the build out within the SP is slower than anticipated, the time span may expand to half a century. Whatever the development rate, which only the future knows, the agricultural lands within the SP area may continue to be used productively for agriculture.

[87] This process of planning for the City’s needs, accommodating growth as demand determines, and regulating development in a phased manner constitutes the very basis of land use planning as envisioned by the PPS. It results in the efficient use of urban land and avoids the premature conversion of agricultural land.

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Conclusion

[88] After full consideration of the record, submissions and cases submitted, the Tribunal finds that OPA 120 and the ZBA are consistent with the PPS, the ZBA conforms with the OP, and both instruments have regard for the provincial interests of s. 2 of the Act.

[89] Under s. 17(49.1) and s. 34(26) of the Act, unless OPA 120 and the ZBA are inconsistent with the PPS and the ZBA does not conform with the OP, “the Tribunal shall dismiss the appeal.” The Tribunal finds that Campp has not met its onus on appeal to demonstrate that the SP and ZBA fail the statutory tests. Accordingly, the appeals are dismissed.

386 APPEAL

[90] 386 owns an 11.4 ha property in agricultural production with frontage on the south side of County Road 42 and flanked on its east side by the Little River. With support from Mr. Halwa’s affidavit, 386 opposes OPA 120’s designation of Non-Core Natural Heritage (“NCNH”) covering the easterly three-quarters of the property. 386 contends that no natural heritage features as defined by the PPS exist on site and the property should be designated as Business Park Type 2 consistent with the designation to the west.

[91] 386 argues that the floodline for the Little River suggests that only a narrow strip of land on the property is within the floodplain. The City objected to 386’s request to file a map in support of this submission, resulting in the Tribunal’s rejection of the map. Under s. 42(3) of the LPAT Act, no party may adduce evidence at an oral hearing.

[92] 386 contends that the NCNH designation is unnecessary to allow its future use if required for storm water management (“SWM”) purposes and is premature until the EA is approved for the SWM Master Plan. 386 asks the Tribunal to allow the appeal and return this matter to the City for a new decision.

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[93] The City responds that 386’s entire property is currently designated as Open Space in the OP, as amended by OPA 60 in 2007. As such, under the existing designation, development is prohibited without an OPA supported by necessary studies. The City submits that OPA 120 is more permissive than the existing OP given that some of the property is designated for business park uses, development within NCNH may be considered subject to completion of an Environmental Impact Study (“EIS”), and if the SWM Master Plan or its implementation reduces the area required for SWM, the released land will automatically revert to Business Park Type 2 consistent with the adjoining area.

[94] The SWM Master Plan evaluated alternatives and selected option six, including a climate change factor increasing the 100-year design storm by 20%. Although the SWM Master Plan is not yet approved, the City argues, with reference to Mr. Winterton’s affidavit, that all questions associated with option six have been addressed and no outstanding issues remain. The City asks the Tribunal to dismiss the appeal.

[95] As noted earlier, the statutory test for this appeal is whether OPA 120 is consistent with the PPS. Sections of the PPS relevant to this appeal are listed earlier in this Decision: 1.1.1(g), 1.1.3.2(a)2 and 1.6.1. In addition, the PPS states:

1.6.6.7 Planning for stormwater management shall:

a) minimize, or, where possible, prevent increases in contaminant loads;

b) minimize changes in water balance and erosion;

c) not increase risks to human health and safety and property damage;

d) maximize the extent and function of vegetative and pervious surfaces; and

e) promote stormwater management best practices, including stormwater attenuation and re-use, and low impact development.

3.1.1 Development shall generally be directed to areas outside of: …

b) hazardous lands adjacent to river, stream and small inland lake

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systems which are impacted by flooding hazards and/or erosion hazards;

6. Definitions … Hazardous lands: means property or lands that could be unsafe for development due to naturally occurring processes. … Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits.

[96] The Tribunal finds that OPA 120 is consistent with the PPS with respect to its consideration of flooding, SWM infrastructure and NCNH designation. Mr. Halwa may be correct that the 386 property contains no natural heritage features, except for the floodplain immediately adjacent to the Little River. However, s. 8.4.2.2.3 of the SP makes clear that NCNH also includes “lands required to manage stormwater in the Upper Little River drainage area.” The SP’s NCNH and SWM System designations implement and refine the Open Space designation established by OPA 60 in accordance with the recommended alternative in the SWM Master Plan.

[97] To the argument of prematurity, while the Tribunal accepts the City’s contention that changes to the Greenway System are unlikely in the final approval of the EA for the SWM Master Plan, the Tribunal finds that the SP incorporates sufficient contingency measures in the event a change does occur. It allows for more detailed studies to refine the SWM system and should the area be reduced, “the designation of the abutting lands shall be used to determine future land use and no amendment to the Secondary Plan will be required” (s. 8.4.2.2.3). Further, development may occur in the NCNH designation with a supportive EIS demonstrating no negative effects on the features and functions of the natural features or their ecological functions (s. 8.4.2.2.2).

[98] 386’s lands do account for a larger share of the SWM Master Plan’s recommended corridor width of 325 metres (“m”) along the Upper Little River. The proposed road allowance for the planned extension of the Lauzon Parkway lies immediately east of the Little River, resulting in 225 m of the corridor on 386’s property on the west side of the river and the remaining 100 m on the property to the east of the river. However, the Lauzon Parkway extension underwent a thorough Class EA of its

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own and any resulting implications for SWM planning are now accounted for in the SWM Master Plan and reflected in the SP.

[99] In accordance with the PPS, the SP appropriately integrates necessary SWM infrastructure and establishes processes to ensure its financially viable implementation to meet future needs. At the functional design stage, if less NCNH area is required for SWM purposes, the Business Park Type 2 designation may be expanded, without an OPA, as 386 is currently requesting.

[100] After full consideration of the record, submissions and cases submitted, the Tribunal finds that OPA 120 is consistent with the PPS and has regard for the provincial interests of s. 2 of the Act.

[101] Under s. 17(49.1) of the Act, unless OPA 120 is inconsistent with the PPS, “the Tribunal shall dismiss the appeal.” The Tribunal finds that 386 has not met its onus on appeal to demonstrate that the SP fails the statutory test. Accordingly, the appeal is dismissed.

MOTION FOR RECUSAL

[102] Campp brought a Motion for recusal of the panel on the grounds that the City provided erroneous information contained in the incomplete ASF to the Tribunal, and that settlement privilege had been breached via the correspondence from the City and WRH to the Tribunal surrounding the ASF. After learning from this Member at the Motion hearing that he had not read the incomplete ASF and as such, it was not before the Tribunal, Campp withdrew its first ground and focussed only on the matter of settlement privilege.

[103] Campp refers to a string of email correspondence in connection with the ASF to argue that the City and WRH released information to the Tribunal through the correspondence itself that constitutes a breach of settlement privilege by describing Campp’s responses or lack of responses related to the ASF. Campp argues that this

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breach damages its reputation and is detrimental to the Tribunal’s perception of Campp. Campp suggests that the inferences produce a reasonable apprehension of bias and that the panel should recuse itself to ensure a fair hearing by an impartial new panel.

[104] The City and WRH respond first by arguing that Campp’s Motion fails to include the necessary grounds and evidence to support its argument. They emphasize that nowhere in Campp’s Motion does the legal test of “reasonable apprehension of bias” appear, and that the emails contained in the affidavit do not reveal the entire communication exchange.

[105] To the substance of recusal, the City and WRH argue that Campp has not met its onus to demonstrate that the extraordinary remedy of recusal is warranted based on clear and cogent evidence that grounds for disqualification exist: that a reasonable person with an understanding of the circumstances would arrive at a reasonable apprehension of bias. They contend that settlement privilege was not breached by the correspondence, and even if it had been, the matters being addressed were precisely the job of a decision maker and do not give rise to bias.

[106] The Tribunal does not dismiss the Motion based on the City and WRH’s first challenge that it should fail for lack of proper grounds. However light on details and arguably lacking some of the mandatory content set out in Rule 10 of the Tribunal’s Rules of Practice and Procedure, Campp’s Motion was seeking recusal and the Parties agreed on the relevant tests in law. Just as the responding parties went on to assess the necessary grounds, so too will the Tribunal.

[107] The accepted standard for disqualification is explained by de Grandpre J. in Committee for Justice & Liberty v. Canada (National Energy Board), 1976 CarswellNat 434 at para. 40:

… the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. In the words of the Court of Appeal, that test is “what would an informed person, viewing

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the matter realistically and practically – and having thought the matter through – conclude. Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.”

[108] The courts have upheld an “essential element that informs the analysis: the strong presumption of judicial impartiality and integrity. The onus rests on the applicant to demonstrate a reasonable apprehension of bias, and the threshold is a high one” (Ontario Provincial Police Commissioner v. MacDonald, 2009 ONCA 805, 2009 CaswellOnt 7018, para. 44).

[109] The Tribunal accepts Campp’s position that the tenets of settlement privilege, while normally applied to settling an entire appeal, are equally applicable to a particular stage in an appeal process. In this case, the Parties were negotiating the contents of the ASF and it is reasonable that the give and take of that process should not come into the awareness of the Tribunal. From Hollinger Inc., Re, 2011 ONCA 579, 2011 CaswellOnt 9272, para 16, the Parties agree on the three tests for communications to be protected: there must be a litigious dispute; there must be express or implied intention that communications would not be disclosed in a legal proceeding in the event negotiations fail; and the purpose of the communication must be an attempt to effect a settlement.

[110] Again, at issue is not the disputed ASF but the correspondence associated with it. Upon examining the correspondence, the Tribunal finds no inappropriate disclosure of potentially protected communications. Essentially, each Party explained in its own way the process that had unfolded, that they were unable to agree on the contents of the ASF, and, in the case of the City and WRH, that time had run out owing, at least in part, to Campp not responding within a timeframe they felt was reasonable or necessary to satisfy the Tribunal’s direction. The Tribunal finds that the nature and content of the discussions among the Parties were not revealed in the communications. Further, the failure to produce the requested ASF is a failure of all Parties, not just Campp.

[111] Even if the above finding of no breach of privilege is wrong, the breach must give

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rise to a reasonable apprehension of bias to support a recusal. Put another way, a finding on breach of privilege alone is academic if no recourse is sought by the moving party that is within the Tribunal’s jurisdiction.

[112] Campp relies on the other Parties’ allegations of it ‘failing to respond’ to argue that it clouds this panel’s ability to proceed with impartiality and gives rise to a reasonable apprehension of bias. The Tribunal disagrees.

[113] The normal diet of the Tribunal is to digest correspondence, positions, facts and law in arriving at a decision, all within the context of land use disputes and often with significant implications. The Tribunal was well aware of the dispute over the ASF after the Parties were unable to produce the document following the CMC. Indeed, the Tribunal foreshadowed this eventuality when it warned in its August 9, 2019 decision that: “… the panel will not allow the parties’ failure to submit this document to delay the hearing process.” The panel heeded its own advice when it advised the Parties, through the Case Coordinator on September 17, 2019, that “the hearing will proceed on the basis of the two written Decisions of the Tribunal and the two documents received on consent: Order of Proceedings and the Consolidated Issues List.” Already, the Tribunal had moved on from the incomplete ASF.

[114] If the inference that Campp asserts is embodied in the communications can be found, it does not register in any consequential way with the Tribunal. Differences of opinion and allegations that arise therefrom are common fare for the Tribunal, including language that is not always as factual and constrained as that contained in the correspondence of all counsel in this case. The Tribunal is accustomed to such exchanges in vociferous debates and is practiced in the methods of adjudication to make appropriate assessments of the relevance of information such that impartiality is maintained.

[115] The decision on the merits of these appeals will be made on the basis of the consistency and conformity tests of the Act, without regard to the circumstances around

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the incomplete ASF.

[116] Campp has not met its necessary onus and the Motion is dismissed. The hearing on the merits proceeded following the Tribunal’s abbreviated oral ruling.

ORDER

[117] The Tribunal orders that Campp and 386’s appeals to OPA 120 are dismissed, the decision of the Council is final, OPA 120 comes into effect on the day after the date of this Decision, and the clerk of the municipality is hereby notified pursuant to s. 17(49.2) of the Act.

[118] The Tribunal orders that Campp’s appeal to the ZBA is dismissed and Zoning By- law No. 132-2018 is deemed to have come into force on the day it was passed, pursuant to s. 34(30) of the Act.

“S. Tousaw”

S. TOUSAW MEMBER

If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.

Local Planning Appeal Tribunal A constituent tribunal of Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

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Council Report: C 200/2019

Subject: Audit and Accountability Fund – Consultant’s Report of Information Management and Data Analytics Assessment

Reference: Date to Council: December 16, 2019 Author: Marnie Pastovich Business Analyst 519-255-6100 ext. 6276 [email protected]

Information Technology Report Date: 11/27/2019 Clerk’s File #: AF/11247

To: Mayor and Members of City Council

Recommendation:

THAT the November 26, 2019 report from Information Builders, Inc. entitled “City of Windsor’s Information Management and Data Analytics Assessment”, which is financed by the Province of Ontario’s Audit and Accountability Fund, BE RECEIVED for information; and THAT the City Treasurer BE AUTHORIZED to post the Information Builders, Inc. report to the corporate website by no later than December 31, 2019 in accordance with the grant’s requirements; and THAT Administration BE DIRECTED to further assess the Proofs of Concepts developed by Information Builders, Inc. AND the recommendations presented in the report to better understand their value and any cost implications, AND where deemed appropriate bring those items forward for consideration in future budgets.

Executive Summary:

N/A

Background:

At its June 17, 2019 meeting, City Council approved the submission of an Expression of Interest to the Ministry of Municipal Affairs and Housing’s Audit and Accountability Fund for funding to finance a third-party information/data management review for the City of Windsor. The objective of the project was to assess the Organization’s capabilities to

Consolidated City Council Agenda - December 16, 2019 Page 91 of 240 Page 1 of 6 analyze and improve City services by making better use of corporate data/technology by:

 Leveraging an effective Information Management strategy to modernize Information Technology’s use of data and drive operational efficiencies throughout the entire organization  Aligning business process and technology to drive a holistic strategy for modernization and digital transformation  Providing accurate and up-to-date data that is available to all residents of the municipality to create an evidence-based decision-making culture  Leveraging the knowledge of “Best Practices” to increase productivity and front- line staff efficiencies  Benchmarking the performance of City services to other municipalities to identify and act on areas of improvement and highlight successes of service delivery  Reducing expenses by optimizing utilization of resources and assets  Building consensus of staff decision-making through rigorous and efficient analysis

The expected outcome of the third-party review was a roadmap of actionable recommendations to improve the skills, knowledge, and tools to support data-driven decisions, extract value from data, drive process improvement, and reduce costs, find savings or cost avoidance, and improved efficiencies.

The June 17, 2019 Council report noted that the Provincial grant presented an expectation of some form of savings (i.e. budgetary, efficiencies, cost avoidance, risk mitigation, etc.) but that funding would not be in jeopardy if the project did not yield savings. Conversely, if the assessment identified actionable savings and efficiencies, there was an expectation that they be implemented.

On August 8, 2019, the City received notification that its Expression of Interest had been approved. The Province and the City subsequently entered into an agreement, which stated that the third-party consultant’s final report of its findings must be completed and posted to the City’s publicly accessible website by November 30, 2019. That deadline was later extended to December 31, 2019 by an amending agreement, which has been signed by City administration and forwarded to the Province for signature.

Due to the grant’s tight timelines and requirements within the grant, the sole source purchasing method was used to acquire the consulting services of Information Builders, Inc. To meet the project’s schedule, Information Builders, Inc. provided their own staff as well as resources from the Lough Barnes Consulting Group to perform a suitable level of analysis and to offer a road map for moving forward with their recommendations.

Discussion:

The consulting team conducted their analysis over a three-month period from September to November 2019. Their assessment method involved reviewing corporate documents, studying benchmarking data, and interviewing senior management and

Consolidated City Council Agenda - December 16, 2019 Page 92 of 240 Page 2 of 6 Information Technology Department staff. After concluding the review, Information Builders, Inc. provided their report entitled “City of Windsor’s Information Management and Data Analytics Assessment” (attached hereto as Appendix “A”), which details their findings.

The consultant’s report acknowledges that the City has many strengths including a vast inventory of structured data (i.e. stored in databases and spreadsheets) and unstructured data (i.e. stored in Microsoft Word and pdf formatted documents, etc.). As well, the City has a commitment to improving services, a knowledgeable and dedicated workforce, and a collaborative and active sharing of information culture between departments. The consultant’s report also notes that currently it can be time-consuming and cumbersome to leverage the City’s vast amount of information to its full potential both from an operational perspective and a strategic one. Staff routinely make requests to multiple departments to fulfill data needs; at times employees tend to use inconsistent or undocumented business rules to explain information; and data expertise often resides within one employee expert per system. Over the years, inter-department and divisional administrative silos have been broken down into team-based working groups through improved communication and collaboration; however, some data silos, which are based on legacy technical infrastructure and system configurations, still exist.

To address these challenges, the consultant has recommended a model of transformation to improve information management and decision-making practices. An updated information management strategy may enable the Corporation to move towards cost avoidance and efficiency improvements through improved sharing of data. Significant financial investments in technical infrastructure and staff resources would be required though to move to a higher maturity level of corporate information management.

To achieve best practices in information management and data analytics, Information Builders is recommending that the City invest in a business intelligence and analytics systems architecture, supported by a new centralized division. The consultant’s report recommends transitioning the City’s information management capabilities through 3 phases of maturity. Additionally, the consultant created Proofs of Concepts that automatically consolidated some of the City’s datasets (i.e. employee recruitment, 311 service requests, permits, and by-law enforcement) to demonstrate how relatively quickly information dashboards of easily digestible data can be created and leveraged using the concepts recommended in the consultant’s report. As well, the consultant’s work illustrates how information from various sources can be consolidated and reported on, thereby eliminating the need for staff to learn how to use multiple computer systems or request datasets from peers to then manually compile the data in spreadsheets.

Over the last several years, the City has taken measures to reduce its line-by-line costs to balance service delivery with cost effectiveness. The consultant’s report notes that the City would also benefit from using data analytics as a cost avoidance strategy, because it eliminates or reduces manual effort for repetitive tasks, thereby allowing employees to reallocate their time on more complex activities or strategic decision- making.

Consolidated City Council Agenda - December 16, 2019 Page 93 of 240 Page 3 of 6 Given the magnitude of this assessment and its very short timelines mandated by the Province, the consultant prepared a report that offered opportunities and recommendations at a conceptual level. Through this project, Administration has built a greater awareness of the power of data analytics and concluded that there are some technical barriers that hinder the Corporation’s ability to improve its information management capabilities.

With existing resources, a few dashboards and digital transformations of processes have already been deployed by the City with successful results. Significant efforts on the technical and business side were required to deploy those items. Moving to the next level of information management, per the consultant’s recommendations, would require longer term investments in strategy, system infrastructure, and staff resources.

In an effort to continue forward on the City’s path relative to improved information management and data analytics, Administration will assess the Proofs of Concepts introduced by Information Builders and where appropriate will continue to introduce information dashboards within existing resources to further prove out the concept of data analytics. Additionally the recommendations put forth by Information Builders will be assessed further, and where appropriate and considered viable they will be brought forward for future budget consideration.

Risk Analysis:

Timeline Risk:

To meet the requirements of the Audit and Accountability Fund, the consultant’s report must be posted to the City’s publicly accessible website by December 31, 2019. This risk can be mitigated by City Council approving the second recommendation contained in this Council report.

Financial Risk:

There is a minimal risk that the grant funding could be revoked after the signing of the Transfer Payment Agreement and amending agreement. The Legal Department has reviewed both the original agreement and the amending agreement and confirmed that this risk is low. If however this risk should be realized, the City would have to identify a funding source to address any project costs incurred to date. A follow-up report outlining potential funding sources would then be prepared and presented to City Council.

Financial Matters:

The review and proof of concept work undertaken by Information Builders provides excellent insight into the use of information management and data analytic tools within organizations. As noted within their report, the City has undertaken steps over the past few years in this area with the implementation of dashboards for various areas and digital transformations of processes which have already been deployed by the City.

Consolidated City Council Agenda - December 16, 2019 Page 94 of 240 Page 4 of 6 The report does identify the possibility to achieve further efficiencies, redirection of resources, and possible cost savings over the longer term; however, it goes on to say that in order to fully achieve such benefits it requires a further investment in information management and data analytics. Information Builders is recommending that the City invest in a business intelligence and analytics systems architecture, supported by a new centralized division.

Given these recommendations for further investments and the inability at this stage to accurately identify true, quantifiable, and actionable cost savings, it is proposed that Administration continue to assess the Proofs of Concepts introduced by Information Builders and where appropriate continue to introduce information dashboards within existing resources. Additionally, the recommendations put forth by Information Builders for a much more robust data management framework will continue to be assessed further, and where appropriate and considered viable they will be brought forward for future budget consideration based on a fully developed business case analysis considering both cost and benefits. It is noted that notwithstanding the Province’s desire to extract actionable savings from this grant program any cost savings that may be estimated and or presented at this early stage would be purely speculative and could not be relied upon with any degree of certainty.

It is noted that once all reporting requirements established by the Province are met, the Audit and Accountability Fund grant will pay for 100 percent of the costs associated with the third-party consultant’s assessment. Those expenses have been capped at $246,000 including non-recoverable HST.

Consultations:

Trevor Bennet – Manager Business Process Modernization

Melissa Osborne – Senior Manager of Asset Planning

Kathy Roeder – Asset Coordinator

Conclusion:

The consultant’s report highlights the efficiencies and opportunities that could be achieved by implementing an upgraded corporate information management program. However, given the tight timelines under which this review had to be undertaken, the recommendations in that report need to be further evaluated by City Administration to ensure their true costs and benefits are properly estimated and well understood.

Planning Act Matters: N/A

Consolidated City Council Agenda - December 16, 2019 Page 95 of 240 Page 5 of 6 Approvals: Name Title

Norm Synnott Chief Information Officer / Executive Director of Information Technology

Joe Mancina Chief Financial Officer, City Treasurer and Corporate Leader Finance and Technology

Onorio Colucci Chief Administrative Officer

Notifications: Name Address Email

Tara Myshrall, P.O.Box 57023, STN A [email protected] Public Sector Manager, Toronto, ON M5W 5M5 Canada Information Builders (Canada) Inc.

Appendices:

Appendix A: City of Windsor’s Information Management and Data Analytics Assessment

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City of Windsor’s Information Management and Data Analytics Assessment Nov. 26, 2019

Presented to the City of Windsor

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Table of Contents

 Executive Summary ______4  Context ______4  Findings ______5  The Opportunity ______7  Anticipated Efficiencies ______8  Recommendations ______9  Implementation ______11  Recommendations ______12

 Introduction ______13  Project Purpose ______13  Methodology ______13  Technology ______14

 Operating Context ______16  Fiscal Restraints ______16  20 Year Vision ______16  Ministry Managed Information ______16  Municipal Benchmarking Network ______17

 Jurisdictional Best Practices ______18  Case Study #1: York Regional Police RTOC ______18  Case Study #2: Ottawa Paramedics Services ______19  Case Study #3: Town of Milton Miovision TrafficLink Pilot ______20  Case Study #4: New York City’s HHS-Connect Initiative ______22  Case Study #5: Charlotte-Mecklenburg Police Department ______23  Additional Case Studies ______24

 Opportunities ______25  Recruitment ______25

Information Builders, Inc. 2 Consolidated City Council Agenda - December 16, 2019 Page 98 of 240

 Knowledge Management ______26  Information Management and Reporting ______26  Service Delivery ______29  Business Processes______30  Impact of Digitization ______31  Summary of Information Access ______31  Opportunities Summary ______34  Potential Opportunities ______34

 Pilot Overview ______39  Human Resources ______40  311- Service Windsor ______42  Automatic Customer Notification via BPA Integration – 311 and Permits ______44  By-Law Enforcement ______44  Technical Setup ______47

 Recommendations ______48  Information Management Strategy ______48  Business Intelligence and Analytics Architecture ______49  Business Intelligence Centre of Excellence ______55  Implementation ______56  Recommendations ______57  Change Management ______57

 Appendices ______61  Appendix A: Authoritative Source Datasets (January 2018) ______61  Appendix B: Impact on 20-Year Strategic Vision ______66  Appendix C: Examples of Return on Investment ______68  Appendix D Cost Benefit Estimates ______85

Information Builders, Inc. 3 © 2019,The Corporation of the City of Windsor.Consolidated All Rights City Council Reserved. Agenda The -preparation December of16, this 2019 study/plan was carried out with assistance from the Province of Ontario. Notwithstanding this support, Pagethe views 99 of expressed 240 are the personal views of the authors, and the Province of Ontario accepts no responsibility for them.

Executive Summary

The City of Windsor (the City) embarked on a project with the support of the Provincial Audit and Accountability Fund to identify improvements in how it handles, manages, organizes, and utilizes data. The Corporation’s objective was to assess its capabilities to analyze data and improve services by:  Leveraging an effective Information Management strategy to modernize Information Technology's use of data and drive operational efficiencies throughout the entire organization. The strategy will aid in establishing master data and governance standards / processes, and policies / practices to support enterprise data management  Aligning business process and technology to drive a holistic strategy for modernization and digital transformation  Providing accurate and up-to-date data that is available to all residents of the municipality, to create an evidence-based, decision-making culture  Leveraging the knowledge of “Best Practices” to increase productivity and front-line staff efficiencies  Benchmarking the performance of Corporation services to other municipalities to identify and act on areas of improvement and highlight successes of service delivery  Reducing expenses by optimizing utilization of resources and assets  Building consensus of staff decision-making through rigorous and efficient analysis. Information Builders Inc. in collaboration with LBCG was engaged to review the Corporation’s existing corporate data and documents, consult with administration management in all departments, assess the current data assets and technology and compare this with other jurisdictions and external data to identify opportunities and make recommendations. In addition to the business analysis, the current data assets and information systems were reviewed in terms of application technology, data management and users. The City of Windsor has been among the leaders in the country in its commitment to benchmarking performance as one tool to manage effectively and efficiently. The City invests considerable time and effort to gather the data for the annual Municipal Benchmarking Network Report which was one source used for comparison. Context Over the last decade, the City has undergone an extended period of fiscal accountability reducing its debt and effectively managing through a period of economic downturn by holding the line on taxes for residents while also seeking to maximize the value, efficiency and effectiveness of the services provided within a constrained municipal budget. The City is facing a high percentage of staff that will reach the retirement age in the next 5-10 years (40% to 50% are expected to turnover in the next 10 years). This is both a challenge and an opportunity. Corporate memory is at risk of being lost where it is held by individuals and not embedded in information assets. However, the large number of vacancies provides an opportunity to recruit staff with the competencies needed in a data-driven environment and to manage the re-

Information Builders, Inc. 4

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deployment of the remaining staff to more value-added activities as business processes are re- designed and digitized. While everyone recognizes that the comparisons in the MBNCanada Performance Measurement Report are not perfect and completely comparable, they are recognized as important benchmarks for areas of potential improvement which are worthy of further examination. They are also reflective of the City’s own specific parameters, priorities, and service level decisions. In the most recent 2017 report, Windsor’s comparative performance was better than the median of the other municipalities in some areas while also indicating the potential for improvement in others. There are potential areas where the City might be able to generate savings or avoid costs if the City met the median level of performance. However, achieving these efficiencies would require work in a number of areas discussed in this report. It is important to note that while striving to achieve improved performance may be an ideal objective, rankings in many categories are reflective of past service level decisions, fiscal resource allocation, city-specific environmental/geographic considerations, socio economic issues, and many other factors. Successful improvement depends on a number of factors documented in the research on performance improvement. Those factors commonly include investment in people, process improvement and technology support and are discussed further in this report. Findings The study identified a range of opportunities for improvement across the Corporation. A common reported challenge is the amount of time that staff spend on transactional activities, manual data tracking and manual reporting using spreadsheets. This limits the operational efficiency of many departments and their ability to leverage the benefits of existing investments in information systems. A significant number of processes were identified during the project which could benefit from efficiency improvements, many of which are caused or exacerbated by barriers to the delivery, management, and timeliness of information including:  E-mail as a document delivery/management system – each recipient receives numerous reports from multiple sources and must consolidate information and in some cases manage report storage/retrieval based on E-mail indexing.  Multiple requests to resolve information needs – special requests for data to support investigations can require numerous requests/meetings to refine/finalize the data needs. This is further complicated if multiple source systems are needed.  Experts in some cases must apply business rules to refine/explain data requests. These rules may not always be consistent or documented.  One expert per system – can lead to bottlenecks and/or delays.  Data management in silos – the information infrastructure is often fragmented into silos around data sources, and/or business units. A view of the entire catalog of information is not available. In some cases, managers don’t know all that is available to them.  However, it was reported that ‘all’ the data is available if you “ask the right person”.  Knowledge and expertise loss – when either technical subject experts are no longer available (i.e. retirement) or management changes occur.  Consolidated information views – if analysis requires more than one source of data, end users are required to ‘figure out’ how to merge disparate datasets using desktop tools such as Excel.

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 Inconsistent information management policies – information access rules; secure delivery policies; storage/retention policies; are all managed within each information group and not at a corporate level.  New Systems Design – as new systems are rolled out (either cloud or on-premises), requirements to capture, leverage, distribute, and manage information assets being created by the new system are not incorporated in each program creating new silos of information and integration with other data sources left to future efforts.

It is our experience that organizations without an Information Management and data governance roadmap that governs technology investments are more likely to struggle with shadow IT and siloed systems. Due to the many diverse and legacy applications and data sources needed to run the Municipal landscape we often encounter Municipalities that have a plethora of sources systems but no single source of truth or golden record. The City has diligently broken down administrative silos in the departments leading to more communication, a high level of cross departmental co-operation, and better collaboration. However, as witnessed in our review, access to departmental data can be siloed by the architecture of the information systems, necessitating special requests (and additional work) to access data outside their respective department, correlated data with multiple departments or a complete organizational view of data. Figure 1 below shows how high-level enterprise data access is currently handled. In general, reporting on each data source is handled by a ‘local’ team that generates data extracts and/or reports on a regular schedule (daily/weekly/monthly/quarterly/annual) for use in operations (i.e. outstanding events/work orders) and management (budget vs actuals). Distribution of data is through standard communications channels including e-mail, shared folders, and/or physical documents. In the case of financial reporting, expertise is distributed into business units, with each area having a financial planning administrator assigned. Other systems provide a centralized reporting scenario with a single individual and/or group providing all reporting (i.e. 311).

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Figure 1: City of Windsor Current Information Access

Course and Fire are shown differently than the others because they are old and have been or are being replaced. They are included on the diagram because historical information is still required for reporting and analytics The Opportunity The findings from the study indicate the potential for significant benefits to the City and its residents with a combination of data analytics and technology strategies focused on the business Information Builders, Inc. 7

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goals of the Corporation. The City needs an integrated information management strategy to help to deliver on the City’s goals. In 2015, the City began the shift from managing constraint to planning for the future with the development of a Strategic Vision1 and most recently in early 2019 the newly elected City Council undertook a Strategic Planning exercise to identify its key strategic planning priorities. This could be expanded upon to provide comprehensive and integrated guidance to both Council and staff as multiple day-to-day decisions are made on where to best invest limited human and financial resources. The effective use of data needs to be a key element of any organization’s business strategy. The Information Management strategy2 that was developed by the City administration in 2015 contains many elements that still apply today and should be refreshed based on the findings and recommendations in this report. In fact, given the breadth of services provided by municipalities, the challenge of managing service on a myriad of data sets is very common. Some municipalities/municipal services are beginning to explore and implement opportunities to integrate data to enhance the overall data analytics capability; examples include:  York Regional Police: Integrated data cross-functionally to improve operational efficiency and decision-making.  Ottawa Paramedics Services: Leveraging real-time data for predictive analysis and to support in-the-moment decision-making.  Town of Milton: leveraging traffic monitoring capabilities and real-time insights to optimize traffic signal performance. (Note: City of Windsor is also piloting a similar technology)  New York City Health and Human Service: Consolidating all social service data in a single place to reduce duplication of effort.

Anticipated Efficiencies The City has already begun to see the benefits of investment in data analytics. Examples of this include the recent purchase and implementation of a recruitment and selection application as well as the investment in implementing workflow management in purchasing. This study identified a number of operational opportunities that are likely to result in tangible impact on the City’s operational efficiency; these opportunities include:  With the anticipated volume of staff turnover in the next 5 to 10 years, an end-to-end recruitment process supported by workflow management and automation can expedite the recruitment timeline and enable HR staff to focus on higher-value business activities  Expedited onboarding process and reduced turnaround time when searching for key organizational information  Reduced manual effort to generate reporting and to support executive decision-making. Expedited process in coordinating information exchange

1 20-Year Strategic Vision, City of Windsor, 2015 2 Information Management Strategy, City of Windsor, July 2015.

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 Capturing and integrating external market data can support cost-effective procurement decisions. Integrating external data sources can also enable the City to be more targeted at preventive asset maintenance to reduce unexpected costs  Reduction in staff effort on transactional, paper-based, and manual activities can result in greater operational efficiencies on the day-to-day level  Aligning mandated procedures with the up-to-date risk tolerance level can result in enterprise-wide improve on operational efficiencies when unnecessary controls are eliminated. Based on the opportunities for more efficiencies identified in this project, if implemented, the City can effectively reduce duplication of efforts, as well as, minimizing the existing proliferation of manual processes. A clear path to achieving these results is if data analytics and reporting are both centralized and automated. In addition to operational efficiencies, the other benefits include allowing staff to focus on higher value activities such as providing more in-depth analytics and less time on data gathering; leading to expected business improvements, better service, and potential cost avoidance and/or savings. It is noted that such benefits may only be achieved after a period of initial investments for the additional resources as proposed in the recommendations in the report.

Recommendations The past approach has led to a number of barriers to information delivery, management, and timeliness that could be addressed by the proposed information management strategy. There are two main elements to the proposed information management strategy:  Creation of a business intelligence and analytics architecture,  Supported by a Business Intelligence Centre of Excellence (BI CoE). The proposed business intelligence and analytics architecture would transition the City from the current siloed applications with respect to data, to an architecture that facilities improved access to data and an ability to leverage it for benefits to all stakeholders. Figure 2 below illustrates the first phase of transition to integrated use of existing data and technology assets. Two more phases of development are described in the full report.

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Figure 2: Phase One of the Business Intelligence and Analytics Architecture

Information needs to evolve quickly as new approaches to leveraging data assets emerge and are adopted. Best practice organizations leverage the expertise of a Business Intelligence Centre of Excellence (BI CoE) to help business units, technical projects, and management better leverage valuable data assets across an organization to help bridge the data silos that inevitably develop over time. The BI CoE supports:  Procurement and maintenance of reporting tools, data management, and analytics technologies;  Provision of city-wide reporting, dashboards and insights;  Investigations, proposals, and information requests;

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 Provision of expertise to business groups to leverage corporate assets;  Maintenance of centralized view/catalog of authoritative data sources;  Capture of business/technical rules for accessing/leveraging data sources;  Implementation of the information strategy as developed by executive and management teams; and  Technology projects to ensure that data life cycle needs are included in new systems deployment.

Implementation An implementation roadmap would follow the following steps to transition from the current state to a modern information management structure. The roadmap has three phases: 1. Phase One – Business Intelligence Infrastructure 2. Phase Two – Data Management and Integration 3. Phase Three – Data Warehouse and Data Mastering The implementation would need to include both business and information management. Effective implementation requires attention to four areas that have been identified as key success factors in strategy implementation:  Clients: attention to the desired benefits to the City’s residents, business and community partners;  Finances: allocation of finances to support the approved directions;  Process: re-design of business processes to achieve the desired outcomes; and  People: investment in the continuous learning and role transition at all levels of the organization to support the strategic directions. The implementation research reveals a simple logic: that you cannot expect different results if you work in the same old way (processes), allocate your finances the same way (finance), and neglect to develop your staff and organization capabilities. Most important is that the desired benefits to the City’s residents, business and community partners must be kept at the forefront to ensure that they are achieved as implementation proceeds.

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Recommendations In summary, the following actions would be required to achieve the goals set out at the beginning of the project: 1. Develop an integrated information management strategy to meet the City’s Strategic goals; 2. Implement a business intelligence and analytics architecture in phases as described in this report; 3. Create a Business Intelligence Centre of Excellence (BI CoE) to support the successful implementation of the business intelligence and analytics architecture and the more effective use of data at all levels of the organization; 4. Invest in the business process re-design and change management that is essential to the success of the overall plan.

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Introduction

The City of Windsor (the City) embarked on a project to identify targeted improvement in how it handles, manages, organizes, and utilizes data. The purpose of the project and the methodologies are described briefly below followed by a description and analysis of the current state. This is followed by a description of the opportunities for improvement that were discovered in each department and their potential to meet the goals of the project. The final sections provide an integrated analysis and draft recommendations and a proposed roadmap to implement the recommendations. Additional data is provided in the Appendices.

Project Purpose The Corporation conducted a review under the Audit and Accountability Fund Program Guidelines to serve as a catalyst for targeted improvement in how it handles, manages, organizes, and utilizes data. The Corporation’s objective was to assess its capabilities to analyze and improve services by:  Leveraging an effective Information Management strategy to modernize Information Technology's use of data and drive operational efficiencies throughout the entire organization. The strategy will aid in establishing master data and governance standards / processes, and policies / practices to support enterprise data management  Aligning business process and technology to drive a holistic strategy for modernization and digital transformation  Providing accurate and up-to-date data that is available to all residents of the municipality, to create an evidence-based, decision-making culture  Leveraging the knowledge of “Best Practices” to increase productivity and front-line staff efficiencies  Benchmarking the performance of Corporation services to other municipalities to identify and act on areas of improvement and highlight successes of service delivery  Reducing expenses by optimizing utilization of resources and assets  Building consensus of staff decision-making through rigorous and efficient analysis. 3 Methodology The project team reviewed the Corporation’s existing corporate data and documents, analyzed data collected through administration interviews and compared this with external benchmarking data to identify opportunities to be discussed with the Corporate Leadership Team. The Municipal Benchmarking Network Report for 2017 was used for comparison.

3 From the Statement of Work

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Technology In reviewing the current use of technology, business intelligence (BI) and analytics at the City, a top down approach was used by the consultants. A review of business groups’ information usage and needs focused the technical investigation on key information systems and data assets. The business review identified opportunities to enhance data usage through analytics, and improved information access, timeliness, and efficiency and where pockets of staff (analysts) were further along on an analytics path. These opportunities are documented in “Technical Opportunities” section below. The effort, and time, required to assess all information sources and management, necessitated a review of key information systems. This review provided a high-level understanding of the types of technology, systems, processes, data assets, and current utilization by the City. The core information systems reviewed are listed below. Core Information Systems  ERP (Property/Cash/etc.)  HR2 (Scheduling/Time Tracking)  Public Complaints  Facility  Finance (GL/AP/AR)  Budget  HR1 (HRMS)  Course (new)  Permitting (new)  Course (old)  Ticketing/Help Desk  Fire (old/new systems)

Each of these systems were reviewed in terms of:  Application Technology o Architecture diagrams (if available) o Hosting situation (on Premises or Cloud) o Technology being utilized (application, database, etc.) o Roadmap for the systems involved (new, being upgraded, being replaced, etc.)  Data Management o Data sources or user inputs o Data extracts; integration points; access; reporting o Data Dictionary information - system of record for what topics/classes of data o How much detailed information is being captured/used today o Volume/Velocity - how much data, and how much on a 'daily' basis o Data Integrity - any quality issues

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 Users o Primary owner of the system o User types and how many of each o Typical usage patterns (both operationally and reporting)

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Operating Context

Fiscal Restraints Given the challenging economic circumstances faced by the City post the 2008 recession, The City of Windsor approved eight consecutive years of no tax increases and has only recently begun easing these fiscal restraints as economic circumstances have improved. During this period, the City undertook a variety of value for money-based efficiency initiatives that can be built upon. 20 Year Vision In 2015, City Council developed a 20-Year Strategic Vision that provides a long-term picture of the future direction for the City. It outlines three main goals for the City for the next 20 years. The goals are specific and communicate clearly the City’s commitment to the following strategy outcomes:  More jobs in Windsor: The City will support a new economy, creating and maintaining jobs for its residents  Addressing Windsor’s Reputation: The City will be a dynamic place of civic pride and a hub for innovation, culture and creativity and attractive for people of all ages  Improving Quality of Life in Windsor: The City will provide a high quality of life for all, supported by sustainable growth and a vibrant, caring community The Mayor and Council remain committed to changing the future of Windsor and stand behind this strategic vision. On this basis, a strategic planning exercise was undertaken by City Council in early 2019 to reaffirm the key areas of focus for the current term of council.

Ministry Managed Information As a municipality, the City is legislatively obligated to deliver a number of provincial programs which are operated with provincially hosted software programs where information entry, reporting, analytics and management are centrally managed by the respective provincial ministries. For example:  RAI-MDS for long-term care;  SAMS for Ontario Works;  ICON4, a case tracking system that contains records for Ontario Court of Justice criminal and Provincial Offences Act. Any customized information needs and requests are filed centrally with the respective Ministries which can mean delays in obtaining the crucial information. This limits the ability of City staff to obtain the real-time information to support proactive program management and creates barriers to integrating valuable insights with other data assets utilized by the City.

4 A secondary system called CAMS manages a more detailed dataset related to the ICON database for the City of Windsor and other municipalities. Thus some reporting for case tracking is available in CAMS.

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Municipal Benchmarking Network Windsor participates in the Municipal Benchmarking Network (MBNCanada). The most recent 2017 MBNCanada Performance Measurement Report presents the results of 11 single-tier and 5 upper- tier municipalities, representing 6 provinces. This is the 12th public performance report and includes 177 measures across 36 municipal service areas. While everyone recognizes that the comparisons are not perfect and precise, they are recognized as important benchmarks and indicators of areas of potential improvement. It was reported that considerable resources are invested in contributing to the benchmarking exercise annually. In the most recent 2017 report, Windsor’s comparative performance was better than the median of the other municipalities in some areas and identified the potential for improvement in others. The report provides some high-level calculations of the potential savings, cost avoidance and/or service improvement metrics that could be achieved using, in part, the benchmarking data as a general guide to focus the efforts. As noted above, achievement of improved performance depends on a number of factors. Those factors commonly include investment in people, process improvement and technology support. The potential to address these factors is discussed in the various sections of this report. In summary, the City is projected to invest heavily in its internal operations and information management systems as recently approved in the City’s Asset Management Plan. In addition, the City continues to look for opportunities to improve its performance in multiple areas as captured in the MBNCanada benchmarking report and to consider opportunities to leverage Ministry- managed information data in order to enhance the services being delivered to residents. Further investments into its internal operations and information data management will enable the City to make evidence-informed decisions in real-time that will improve the City’s performance.

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Jurisdictional Best Practices Adopting data integration and harnessing data intelligence is a leading practice that municipalities in Ontario are recently adopting. As expected, the data-rich service areas are the early adopters of data intelligence given the volume of historic data that can accurately inform decision-making. Given this nascence, there are only a handful of practices in Ontario that can be considered as “best practice”; these are outlined below. A US example is also included to showcase the potential of leveraging data intelligence in the municipal area.

Case Study #1: York Regional Police RTOC

Context York Regional Police (YRP) employs 1,529 officers and 605 civilians, serving approximately 1.13 million residents in one of Canada's fastest-growing and most-diverse communities. Challenge While YRP had access to vast amounts of data, it lacked the technology, resources and processes required to make use of it. Information used for important operational or strategic decisions required the manual querying of multiple systems and in many cases was only possible by highly skilled technical staff, creating bottlenecks internally. Data Integration Actions The internal Business Intelligence & Analytics team worked with vendors to create a custom law enforcement solution so that data could be used across various parties and functions. York Regional Police created 11 dashboards and four separate map-based data visualization applications that provide real-time information for resource management across five policing districts, cost analysis per call, member wellness, frontline officer performance (along 10 complex KPIs), and crime trends by sector or district. YRP developed a Data Warehouse that was fed by approximately 7 different internal systems/databases, as well as external data sources to provide a single version of the truth and feed YRP’s dashboards and maps with live and historical data. They achieved this through eight core phases: 1. Conducted external market research to better understand how organizations, specifically law enforcement services, were leveraging their data. 2. Conducted internal research and stakeholder meetings with all levels of the organization. 3. Created a Business Case identifying key opportunities and goals the solution would support. 4. Created a Request for Proposal (RFP) to select the best vendors, and also identify the goals of the solution and the tasks the vendors would be responsible for.

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5. Worked with vendors and internal IT department to build/configure/implement the solution. 6. Trained all relevant members of the organization (2300 members total). 7. Continuous improvement to identify enhancements, opportunities, and new use cases. 8. Annual budgeting exercises to support new enhancements and opportunities, which may be identified through internal analysis or external vendor/industry breakthroughs. Measurable Impact So far, the most significant impact has been in operational efficiency. The Real Time Operations Centre Live Resource Management system has helped YRP save over 2 hours every time it responds to a missing person call where there is a need to initiate a Search and Rescue mission, which is a significant amount of time critical to successful missions. The system also flags resource deficiencies in real time, improving operational efficiencies and the safety of officers. This change also allows officers and supervisors to evaluate officer activities by geographic locations defined as Priority Patrol Zones, which was never possible before this implementation. Though anecdotal, significant positive cultural impact has been reported through enhanced performance among individuals and within teams. One dashboard allows members to compare their statistics against team averages without disclosing who they are and helps to track wellness of officers to proactively manage health, safety and wellbeing.

Case Study #2: Ottawa Paramedics Services

Context The Ottawa Paramedic Service manages 126 response vehicles and more than 600 paramedics, dispatchers and technicians. They respond to upwards of 140,000 calls each year. Challenge The Ottawa Paramedics Service had been using a historical data management system for around six years to attempt to predict priorities for large-scale events and holidays. Approximately 18 months ago, it gained access to real-time data and decided to implement analysis of that data into a dashboard used by emergency paramedic supervisors and staff at four of Ottawa’s largest hospitals. The goal was to help direct the transportation of patients to the most appropriate hospital to ease the burden of offload delays, which cuts down on two significant times: minutes spent waiting for an ambulance to arrive and the time it takes to offload a patient at the hospital. Data Integration Actions In this case, the Ottawa Paramedic Service expanded its use of a program that was already running. Instead of merely collecting data and running reports of past events retroactively to look for patterns that may give clues into future events, the incoming data was arranged to provide real-time information to both paramedics and hospitals for in-the-moment decision making.

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Inputs to the tool included collecting data around vital elements such as duration of processing emergency dispatch calls, ambulance response times to specific scenes, GPS systems in ambulances, and data from electronic medical records. The ambulance dashboard tracks and reviews distribution and other statistics related to the last 20 patients to avoid unnecessary delays and ensure the most appropriate hospital is selected in each case. By undertaking a significant digital transformation that touched multiple stakeholders, hospital staff can now see things such as the number of incoming ambulances, projected offload delays, and how many paramedics have completed transfer of care and are on their way back out to the community, all in real time. Measurable Impact Following implementation of this real-time tool, the Ottawa Paramedics Service reports that the efficiencies in resource management have contributed to 350,000 minutes saved and put back to the community for improved coverage--which translates to approximately 6,800 more hours of ambulance time per year available in the community to respond to emergency calls. This increased availability improves patient outcomes by reducing time to first response and to hospital intake. Qualitatively, the first-responders community reports that the solution has also improved communication channels between hospitals for coordinated care and workload balance for care workers. Making data and analytics more accessible to the wider employee base has resulted in a significant cultural shift for Ottawa’s paramedics, police, and firefighters.

Case Study #3: Town of Milton Miovision TrafficLink Pilot5

Context The Town of Milton has seen significant growth in the last 20 years, with expected additional growth in the coming decade. Between 2001 and 2011 Milton was the fastest growing municipality in Canada, with a 71.4% increase in population from 2001 to 2006 and another 56.5% increase from 2006 to 2011. In 2016, Milton's census population was 110,128 with an estimated growth to 228,000 by 2031. With this growth, in-town traffic has become an issue. One of the busiest streets in Milton was the subject of daily citizen complaints due to poor traffic flow. The corridor in question was the cause of increasing driver frustration due to sporadic travel times between two intersections. The problem was identified as resulting from irregular changes in signal cycle lengths that led to traffic progression issues. Challenge The town’s Engineering Services Department needed a solution, but the traffic studies necessary to determine the best approach typically cost hundreds of thousands of dollars and take months or

5 City of Windsor is current undertaking a similar pilot project at the time of this study.

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years to implement. Aware of the high costs to conduct traffic studies, and the data inaccuracies associated with physically observing traffic at the intersection, the town turned to a vendor (Miovision) to gather high quality traffic data using video. Data Integration Actions Intersection cameras that provide vehicle and pedestrian video detection capabilities were used for the initial assessment. Analysis through the Miovision TrafficLink portal uncovered a variable offset in signal timing due to a pedestrian call button as the cause of poor progression between two intersections, causing a completely unpredictable driver experience where in some cases citizens experienced minimal delays at the intersection, while others experienced significant delays. To correct this, the technology provided vehicle and lane detection, along with other real-time insights. The data portal provided the Traffic Engineering department with the ability to assess the effects of different mitigation strategies to achieve optimal performance using built-in signal performance measures, allowing staff to monitor and manage traffic signals remotely and make quick adjustments, based on performance measures generated continuously by the system. This includes using a split trends chart to review movement at intersections and show when green signal time fails to meet vehicle volume demand. The town also uses a point-to-point travel times graph to review historical travel times between intersections, allowing staff to determine the effectiveness of the signal timing adjustments. The system now runs at 13 intersections within the town. Measurable Impact Technologically, the Traffic Engineering team in Milton implemented changes based on the data provided by TrafficLink, resulting in an immediate 8.5% reduction in split failures6 (and a 10% reduction at 4 weeks). Fewer cars were queued at each intersection, and the mean speed along the corridor was increased. For drivers, this simple change normalized overall travel times and helped keep traffic moving in a more predictable fashion, improving driving experiences for citizens. The Town of Milton reported that since it was installed in spring 2018, morning peak travel times from 6:30 a.m. to 9:30 a.m. have decreased by 41 seconds in that busy downtown stretch, while evening peak travel times between 3:30 p.m. and 8:30 p.m. decreased by 120 seconds, representing an improvement of 17 and 33 percent, respectively. Town administrators have seen a reduction in traffic-related complaints, which has been attributed by town officials as being due to reduced driver frustration. Though the town has yet to quantify exact outcomes, it did highlight that improved traffic flow also means drivers spend less time idling during the red phase of a signal cycle, resulting in fuel savings for citizens as well as reduced CO₂ emissions. Financially, by avoiding expensive and traditional engineering tests, city hall also saved hundreds of thousands of dollars.

6 where green signal time fails to meet the vehicle volume demand.

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Case Study #4: New York City’s HHS-Connect Initiative

Context New York City's Health and Human Service agencies serve more than 2 million clients each year. The organization supports clients in applying for more than 35 city, state, and federal benefit programs hosted on multiple platforms across several offices. Challenge Five years ago, New York City launched an initiative, HHS-Connect, to collect its social service data in one place. The idea was to allow clients to walk into different social service agencies without having to re-enter their information and complete duplicate paperwork; an overarching theme of the HHS–Connect project was to enable information sharing among disparate NYC agencies. A challenge seen in many different HHS–Connect projects was ensuring that previous and potential point-to-point data transfers were implemented such that additional agencies could participate with minimal rework or duplication of efforts through repeated collection of the same information. Data Integration Actions ACCESS NYC was redesigned by the Service Design Studio and Product Team at the Mayor’s Office for Economic Opportunity starting in the summer of 2016 through an iterative prototyping process that engaged residents, social workers, case managers, and government agency staff. The new design and core user experience were created in-house, and information about each benefit was standardized, and made available both through ACCESS NYC and the Benefits and Programs API, a dataset that includes benefit, program, and resource information on health and human services available to New York City residents. Measurable Impact Before the HHS-Connect program, case workers were required to log in to several agency systems to view the clients' cases across the diverse benefit programs. Now they are able to check potential eligibility for over 30 benefits in 10 easy steps through an integrated view of information across programs and a central point to access data. Continued expansion of this technology is expected to make government benefits easier to obtain for those who qualify and more difficult for those whose actions produce waste, fraud and abuse. Data mining and predictive analytics will help overburdened social service agencies detect fraud and better provide and target services. Shifting resources away from intensive reviews allows for additional budget to be spent on actual service and benefit delivery.

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Case Study #5: Charlotte-Mecklenburg Police Department

Context The Charlotte-Mecklenburg Police Department (CMPD) serves the more than 700,000 citizens of Charlotte and the unincorporated areas of Mecklenburg County, North Carolina. The department employs 1716 police officers, as well as a civilian staff of 530.

Challenge

The Charlotte-Mecklenburg Police Department wanted to more effectively use data analytics to reduce crime, make more efficient use of police resources, and reduce costs. The department had been collecting data for many years, but stored it in a variety of sources. Employees had to sift through data using a number of tools in order to analyze crime statistics, identify trends, and determine the best allocation of police resources. Data Integration Actions

One of the technologies the department deployed is Information Builders’ Law Enforcement Analytics (LEA) solution. LEA provides an innovative predictive policing and business intelligence system for law enforcement. With its innovative predictive policing capabilities, LEA would better facilitate crime mapping and analysis for patrol officers. Since these professionals spend a great deal of their time on the street, they would reap the benefits of having up-to-date and comprehensive information as they patrol their assigned areas. Using the information culled from operational systems, patrol officers would be able to instantly spot trends in their areas, gain a better understanding of activity that has occurred during previous shifts, and develop a more global, macro view of significant developments that occur in outstanding cases. Before deployment of Information Builders’ LEA solution, staff had to manually search out crime statistics data from numerous sources in an attempt to optimally assign patrol officers. Measurable Impact

Police officers have more real-time information they can act upon, and supervisors can more effectively assign officers to areas with a higher likelihood of criminal activity. Crime has been reduced, and police resources are used more effectively. The police department will see a projected, cumulative three-year net benefit of $7,772,486, with a return on investment of 529% and a payback period of five months.

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Additional Case Studies

Butler Health System

To improve patient care, reduce costs, and increase operational efficiency, this Pennsylvania- based health network put data analysis capabilities directly into the hands of business and clinical users, and created BI environments to support infection surveillance, orthopedics, and quality control. Butler will hire fewer developers, avoid additional software costs, and generate more revenue due to increased patient volumes, achieving a projected, cumulative five- year net benefit of $2,989,071, with an ROI of 459 percent and a payback period of seven months.

Coty

The world’s largest beauty company will see a net benefit of more than $8 million and an ROI of 415 percent through its use of Information Builders’ iWay integration solutions. Coty’s Aggressive growth-through-acquisition plan requires the ability to rapidly integrate the IT environments of acquired companies into its own. iWay brings together multiple, disparate systems from production plants and offices around the globe; easily incorporates new acquisitions; and brings Coty closer to being a real-time organization.

Quinte Health Care

This Canadian healthcare firm relies on Information Builders’ integration and BI solutions to measure processes and scrutinize patient information to uncover ways to cut $10 million from its operating budget. More than 300 decision-makers, from executives to nurses, can easily identify areas where money could be saved – for example, where costs may be higher than average or where length of stay is longer than average across the province.

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Opportunities This section describes the findings of the study including the challenges facing the Corporation as well as work already underway. The next section analyzes the potential opportunities followed by recommendations and an implementation roadmap later in the report. Recruitment Overall, the City is facing a high percentage of staff that will reach the retirement age in the next 5-10 years (40% to 50% are expected to turnover in the next 10 years). This is both a challenge and an opportunity. Many of the interviewees reported delays in filling vacant positions and this will become more critical as the number of retirements increases. In some cases, due to conditions in collective agreements, delays in the recruitment process create labour relations challenges in multiple ways (e.g., in Public Works). Data from the most recent MBN Report shows the City ranks below the median in the Total Cost for Human Resources Administration per T4 Supported, which may suggest potential under- investment to adequately address this strategic challenge of managing significant turnover due to retirement. This issue was recognized by the Corporation which recently purchased and implemented an application to process online applications for external hires. Its ability to connect with external job advertising websites and to make the candidate shortlisting process more efficient is already generating tangible impacts. It is reported that high volume applications processing can be reduced by approximately 2 weeks whereas low volume application process can be reduced by approximately 2 days. In a recent hiring process, one department reported that it took one staff person a half-day to short-list applicants with the new system, which would have taken three days of work in the past. There are currently five HR Business Partners supporting the recruitment process. It is reported that a high majority of their time (approximately 95%) is spent supporting other departments in fulfilling their recruitment needs. Further process improvements (e.g., workflow management tool to support the end-to-end recruitment process) may have the ability to significantly reduce the transactional aspects of these 5 FTEs which would allow them to focus their efforts on supporting the strategic human resource needs for all departments.

Opportunity Workflow management and automation with process redesign to reduce staff effort on transactional activities.

Anticipated Efficiencies With the anticipated volume of staff turnover in the next 5 to 10 years, an end-to-end recruitment process supported by workflow management and automation can expedite the recruitment timeline and enable HR staff to focus on higher-value business activities.

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Knowledge Management All internal stakeholders who were interviewed reported the skill and dedication of staff as a key organizational strength. While some also identified the need for staff development when they move from a line position to management, the knowledge and competencies of staff were recognized to be a key ingredient to the City’s success to date. However, with the expected level of staff turnover due to retirement in the near future, there is significant risk of losing the “corporate memory” as the institutional knowledge held only in the minds and experience of individual staff is lost if it is not formally captured and made readily accessible in information systems. The core of this issue is that knowledge retention is reported in the scope of individual departments. This suggests individual departments may not be fully aware of key learning from other areas (i.e., potential duplicative organizational learning) let alone the loss of expertise and insights when turnover takes place. The Information Technology department has promoted the need for capturing institutional knowledge through business process mapping, procedures, and contingency plans and some departments are more developed in this area than others. A single Corporate knowledge management system with standardization of data management would be the best practice in this.

Opportunity Knowledge management information system to further the collective culture of learning and to support succession planning.

Anticipated Efficiencies Expedited onboarding process and reduce turnaround time when searching for key organizational information.

Information Management and Reporting

This section is broken into three areas:  Timely access to integrated information  3rd party information systems  Business intelligence Timely Access to Integrated Information It is noted that there currently is no operational accounting information to support real-time and accurate departmental and resource planning within departments. For example, the Peoplesoft financial system does not provide real time financial data for operational managers in other departments thereby constraining the ability of managers to easily manage their budgets in a more timely manner, particularly near the year end. Each department has a Financial Planning Administrator that provides detailed and significant financial accounting and financial analysis support to operational managers which is an extremely valued centralized support function. However complete, timely and well-defined financial information provided in real time to managers would be an effective tool for them to help manage the day to day budgetary aspects of their jobs.

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Integrating information from one information system to another is a common and constant challenge that frequently results in workaround solutions that involve individual Excel spreadsheets, manual processes, or even duplicative data entry which further exacerbates the fragmentation of information. Issues were reported from housing which requires real estate market data from planning as well as in Social Policy and Planning which draws ActiveNet, Transit and StatsCan data. An example with a measurable impact is in Risk Management where 2 FTE staff must access 311 records and a myriad of different information to process over 400 claims on an annual basis. To process these claims, these staff are reliant on information from different departments and mainly request the information via email exchange which has inherent delays and additional staff time across departments. In some cases, the requisite information may also include different versions of a document (e.g., drawings and comments). In one example, a $200K claim was reduced to $50K at the last minute because a paper record of maintenance was discovered that wasn’t available for a year during which the claim was being processed. Timely access to integrated information and version-controlled documentation can reduce staff effort and has also proven to reduce the claims cost to the City. Staff spends a significant amount of time generating reports given there is not ready access to integrated information or automated report generation capability to proactively inform decision- makers. In Risk Management, a Risk Analysts spends two full days a week generating and providing reports to different departments on expiring insurance. Similarly, when there is a media inquiry or when producing a Council report, staff often have to source information from different departments, and this can be a complex and timely exercise when current information is residing across multiple spreadsheets and more prone to errors or omissions. Another example is in Bylaw Enforcement where there is a lack of detail in tracking and monitoring the bylaw enforcement officers’ activities in their assigned ward. This is a challenge in managing and optimizing the deployment of bylaw enforcement officers. It is estimated that the management spends 12-13% of time daily working with complaint data to manage the program. Advanced analytics such as year-over-year enforcement trends and seasonality would support proactive program/service management. From an executive perspective, managing and planning for a longer time horizon (e.g., 12 to 36 months) can be a real challenge when working with ad hoc and disparate data. For instance, the Chief Engineer reported that with better access to 311 data, his team would be able to analyze trends and spot issues or adopt a more proactive approach. Integrated information at a strategic level can enable executives to monitor and understand the City progress towards strategic priorities without the delays and the staff resources required to work with fragmented data.

Opportunity Efficient and timely access to an integrated view of City’s information

Anticipated Efficiencies Reduced manual effort to generate reporting and to support executive decision-making. Expedited process in coordinating information exchange.

3rd Party Information Systems The City’s functioning is not limited to working with internal information systems and data. There are a number of service areas where the City is reliant on 3rd party information systems for service planning, delivery and reporting. To name a few, Provincial Offences uses ICON provided by the Information Builders, Inc. 27

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Ministry and manages offense data through another software. A secondary system called CAMS (supported by Region of Niagara and soon to be a private 3rd party) manages a more detailed dataset related to the ICON database for the City of Windsor and other municipalities with some reporting for case tracking. Childcare programs use the provincial CCMS; Ontario Works operates on SAMS; Long-term care uses RAI-MDS; and the City works with transfer payment agencies using TPON. When working with 3rd party information systems, access to information can be more challenging than otherwise. Typically, these information systems provide the ability to produce standardized reporting for use; however, any changes to system features, creating custom reports, or integrating information with other information systems that the City owns can be limited. Business Intelligence Many staff envision a future where Business Intelligence capability can bring significant value in managing the City’s various portfolios much more strategically, once the foundational challenges of working with City’s data are addressed. An area of focus is leveraging externally available data to inform strategic decision making. For instance, it was reported that a greater understanding of the marketplace would help departments to issue procurement more strategically. The scope of intelligence would include who is bidding on construction projects in the nearby regions as this would give the City an idea of the reasonable market price and plan accordingly. The marketplace information can come in structured or unstructured data from commonly used procurement portals such as Merx, Biddingo or Bids and Tenders. Market data on pricing fluctuations throughout the different seasons (e.g., for construction projects) can inform when procurements can strategically take place. In other areas, GIS data on poverty, social risks, etc. can be effectively used to support social and community program planning and to deliver programs in a much more targeted and impactful manner. As the use of information becomes more integrated across systems, the ability to carry out Analytics projects, develop models, and optimize targets, becomes possible. The analytics capabilities would allow the City to (for example):  Predict tender pricing better (historical/predictive)  Climate impact/Flooding impacts (weather, property impact, health impact)  Staffing optimization (right staffing for predicted workloads)  Staffing Life Cycle (HR propensities)  Citizen Life Cycle – understanding the changing needs of the City’s population.

Another area where greater analytics capability would help is in proactively coordinating efforts and managing risks in Asset Planning. Modeling on how assets will perform based on different funding levels or modelling the cost of operating vs. asset replacement would allow the department to plan and prioritize proactively. In addition, there is also potential to integrate internal data on asset conditions with external data such as weather/climate trends to enable predictive analytics and be proactive in asset management activities.

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Opportunity Leverage both internal and external data to provide business intelligence and predictive data analytics

Anticipated Efficiencies Capturing and integrating external market data can support cost-effective procurement decisions. Integrating external data sources can also enable the City to be more targeted at preventive asset maintenance to reduce unexpected costs.

Service Delivery It is evident to see that, through improvements mentioned in this section, the City’s ability to deliver enhanced services would improve. Many reported barriers to service delivery improvement are internal in nature including a lack of access to information or disparate information mentioned elsewhere in this section. It is expected that addressing these internal challenges would directly translate to greater responsiveness to public complaints or inquiries, reducing the duplication of effort, and creating a cohesive customer experience for the public. There are additional opportunities to further enhanced service delivery based on the smaller-scale project that the City has already implemented. It is noted that the City’s approach to working with the public as a key partner in service delivery is a best practice. As a partner, the public has the ability to self-serve (e.g., 311 Online) which enables the public to submit information to the City at a time and place that is convenient for them, a true client-orientation approach. This facilitates civic participation and reduces the City’s resources required to engage the public. The self-serving feature in ActiveNet is another example of this. Additional opportunities to enable the public to self-serve would further these benefits. Although young in its maturity, the MyWindsor program is an example. The idea of providing online services for residents with an account gives the City the opportunity to build a profile of each resident and understand what’s important to that resident. Through analytics and artificial intelligence, the online “self-service” model will improve. Discussions to bring Active into the MyWindsor framework have begun, which is the goal for all of the City’s public facing hosted applications. As the City’s data analytics capabilities improve and business intelligence opportunities are explored, there are opportunities to pre-emptively act on matters or to make plans before negative downstream impacts take place avoiding negative service experience for the public. As an example, a single view of an individual of the public can allow a comprehensive service experience (e.g., checking in on the status of a 311 complaint when the individual is contacting the City for another matter). The ability to pre-emptively act on matters before issues materialize (e.g., preventative maintenance, where appropriate), along with the appropriate public communications, can create the appreciation of excellence in public service delivery.

Opportunity Leverage leading edge technology to further provide opportunities for self- serve functions to the public

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Business Processes

This section is broken into two areas:  Manual processes  Process review Manual Processes A common reported challenge is the amount of time HR staff spend on transactional activities that creates a gap in the operational capacity to fully realize the value of existing investments in information systems and information technology. As an example, there are features in PeopleSoft that are available to the Human Resources departments but are not utilized due to the limited operational capacity. This is supported by the reported level of manual data tracking and manual reporting using spreadsheets. An example is the accident and incident reporting that is done manually and is paper based. There have been discussions to shift this into a SharePoint team. During Ministry of Labour inspections, workplace injury related inquiries require a manual search and typically consume 1 FTE a full day to complete the request. Additionally, working with disparate HR data from multiple or paper-based sources consumes more HR staff time. A prime example is the health and safety records which do not sit centrally within Human Resources; therefore, it is challenging for the direct supervisors/managers to review any accommodation needed or to determine the most appropriate staff assignment to tasks, on a day- to-day level. In addition, while Collective Agreements (CA’s) are online, supplementary Memoranda of Agreement (MOA’s) are paper based in binders. Some departments reported that they need to look at the MOA every day to make staffing decisions; accessing paper-based files consumes valuable staff time especially when it usually is the direct supervisor/manager making staffing decisions. In addition, there might be a gap when people with a MOA transfer from one department to another and the information isn’t transferred. Additionally, because MOAs are paper based, the process to get MOAs approved and signed reportedly can take weeks. There are examples of the City utilizing SharePoint to support workflow management and automation to remove the coordinating activities that are transactional in nature (e.g., solutions implemented by the Purchasing department). Another example of addressing this challenge is the implementation of a Workforce Management System that will remove the manual data validation step. The level of convergence on this reported challenge suggests a significant improvement in operations if adopted. Additionally, the ability to access integrated data to support progress monitoring, reporting and decision-making can also greatly reduce the amount of staff time spent on coordinating activities that are transactional in nature. Resolving these operational bottlenecks can allow staff to focus their efforts on higher-value or strategically oriented matters.

Opportunity Push reporting and notification on integrated reporting to reduce staff effort on transactional activities

Anticipated Efficiencies Reduction in staff effort on transactional, paper-based, and manual activities can result in greater operational efficiencies on the day-to-day level.

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Process Review A significant number of inefficient processes were identified during the project. Some of these appear to be based on procedures that are not reflective to today’s operating environment and may be amenable to streamlining with business process analysis and revised guidelines. These procedures were developed using an enterprise risk management approach. The purpose behind some of the procedures are not fully understood by staff and are seen as barriers to greater public service efficiency and effectiveness. One example that takes considerable staff time is the unique approval process for rental of Festival Plaza. Unlike other rentals of City facilities, a special report and approvals process is required for this facility.

Opportunity Review risk tolerance level at the enterprise level and align procedures to the resulting risk assessment.

Anticipated Efficiencies Aligning mandated procedures with the up-to-date risk tolerance level can result in enterprise-wide improvement on operational efficiencies when unnecessary controls are eliminated.

Impact of Digitization The Purchasing Department is responsible for approximately $400M in purchasing for the City and its agencies and boards as it supports purchasing over $5,000 in value. The Purchasing Department oversees everything from the needs assessment to executing the contract. They also centralized the way the contracts are managed in collaboration with the department. It serves as a good example of the impact digitization of processes and information can bring to the City. Recent efforts in the last five years to digitize and automate many purchasing activities (e.g., contract signing, delegation of authority, etc.) have significantly impacted the contract processing time from 90 days down to 7 days. These improvements also significantly improved the department’s ability to extract valuable analytics. The objectives achieved in Purchasing serve as examples of workflow management and digitization that can be implemented elsewhere within the City. The next area within Purchasing is to address the tendering process. It is reported that the tendering process continues to use Excel spreadsheets as the primary management tool; in addition, there continue to be manual processes to support tendering. As a result of the manual and fragmented process, the ability to report on tendering (e.g., comparison of the result tender against cost) is limited. Summary of Information Access A list of authoritative data sources was provided by the City and is included in Appendix A for reference. Figure 3 shows the core systems used by the City and the various subjects that they provide, collect and manage information on. These systems include “Cloud” based applications, which are supported by the requisite vendor, and “On Premises” systems support primarily by the IT department. The overall architecture includes central “Enterprise” applications that provide an integrated suite of services/subject areas, and, more distributed, singular applications. The later

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includes some cloud base solutions including 311 and Development Services, which increase the need for integration of disparate systems.

Figure 3: City of Windsor Information Systems

Each system provides data access, reporting and/or information delivery options that are specific to the technology and/or platform. Although access to information assets requires knowledge and understanding of most source system, in most cases information is used across many business units. In many cases this means that data access is via knowledgeable staff (experts). Figure 4 below shows how high-level enterprise data access is currently handled. In general, reporting on each data source is handled by a ‘local’ team that generates data extracts and/or reports on a regular schedule (daily/weekly/monthly/quarterly/annual) for use in operations (i.e. outstanding events/work orders) and management (budget vs actuals). Distribution of data is through standard communications channels including e-mail, shared folders, and/or physical documents. In the case of financial reporting, expertise is distributed into business units, with each area having a financial analyst assigned. Other systems provide a centralized reporting scenario with a single individual and/or group providing all reporting.

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Figure 4: City of Windsor Current Information Access

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Opportunities Summary The following table summarizes the opportunities identified in key information consultations with each department. Corporate Areas

Technology

Areas of Opportunity Services Transportation Culture Recreation, Parks, Facilities and & Finance Protection Environmental Services & Infrastructure and Development Social Health and Engagement Public Services Human & Economic Safety Public Development Recruitment       Talent Management    Information Management        and Reporting Service Delivery     Business Processes      

Potential Opportunities

Although various improvement areas have been identified in the study, some specific actionable opportunities can also be identified. These targeted solutions are based on un-audited feedback from interviews, and are conceptual solutions at this point. These are provided as examples of how to achieve overall gains in process/technology efficiencies, as discussed elsewhere.

In general, the IT spending of Windsor is below the norm; however, this can be misleading, as many departments contain ‘shadow IT’ staff that provide local technical support, to both the immediate group, as well as, other departments within the City. This leads to opportunities for resource alignment like:  More senior staff carrying functions and processes that can be completed by lower cost alternatives (e.g., automation). An example of this would be managers developing reports, extracting data, and pulling data together from multiple sources into a single data set for analysis, when the outcome needed is the analysis itself.  Staff dedicated to information management within departments to help provide/extract/merge data for managers. This can provide duplicate staffing across multiple departments carrying out the same functions.  Technical staffing of data management processes. In this case highly technical staff, such as DBAs, Analysts, or sometimes Business Subject Matter Experts, are processing data for

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reporting/analysis. In some cases, systems support staff are allocated to extracting data/report development.

Capitalizing on these opportunities can lead to addressing both duplication of efforts, as well as, a proliferation of manual processes that could provide efficiency savings and/or cost avoidance if data analytics and reporting were both centralized and automated. The process improvements would allow staff to focus on higher value activities such as providing more in depth analytics and less time on data gathering; leading to business improvements, better service, and potential efficiency savings and/or cost avoidance.

A summary of the estimated value associated with each project is listed below:

Use Case Improvements Savings Description Potential Savings Financial Reporting Automate reporting and processing 40 to 50 weeks of effort reduction for other tasks upto $100K Self Service - save manager efforts 50 to 70 weeks of effort reduction for other tasks upto $150k

Transit Self Service Centralized reporting/ Self Service 40 to 52 weeks reduction (One (1) less staff required) upto $ 90k

Bylaw Self Service Automated data extraction & history 4 to 8 weeks of effort reduction for other tasks upto $15k Automated email processing 40 to 52 weeks of effort reduction for other tasks upto $116k

"311" Dashboard & Reporting Automated extract and self service 10 to 25 weeks of effort reduction (10 mgrs) upto $50k 10 to 26 weeks of effort reduced (0.5 persons) upto $45k Advanced Analytics Better Citizen service

HR Dashboard Consolidated view of HR data 60 to 120 weeks of effort reduction upto $250k

254 to 403 weeks

Each case is reviewed in terms of current and future operational modes, and a quantification of expected outcomes. Financial Reporting Current Process Financial reporting and analysis for most departments is carried out by FPAs. This includes monthly/regular reporting, as well as, ad hoc requests. The FPAs apply manual changes/adjustments to the extracted data, and provided formatted/Excel reports to the users.

Future Process In a centralized reporting model for Business Intelligence, the regular reporting cycles can be automated in term of data extraction, and period end adjustments can be applied either at the accounting, or at processing level. The information would be available to end users in a self-service capacity so that they can access, analyze, and report when needed without intermediate assistance.

Intra-period reporting can be accomplished by extracting un-adjusted information on a daily basis, along with budget comparisons, for user self-service reporting.

Expected Outcomes

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 Automated processes FPA efforts (up to 1 staff equivalent) could be utilized for other analysis as users are empowered by self-service access to information, based on 10% utilization for reporting.  Management Efficiency Managers (up to 15) would be able to access information faster, make better decisions, and do analysis faster. This could save up to 1 to 2 days of effort per month per manager.  Other Benefits Include: o Daily access to financial data – providing operational insights to improve decision support. o Self-service analytic studies – the ability to access financial information for studies/analysis in support of projects, grants, etc.

Transit Self-Service Current Process New transit systems have provided a rich data environment, and information has been used to support analysis, ridership analytics. The transit group has been providing ridership analysis to client organization such as school boards and universities. They also use analytics internally for planning and managing routes. Currently these analyses are done manually, based on data extracted from the source systems. Two staff in the transit area carry out this work.

The transit requirements, and client requests, are expected to increase significantly over the next few years and the current manual process will be/is overloaded.

Future Process In a centralized reporting model, data will be extracted and made available for reporting through automated processing. User will be able to access historical and current data about usage and ridership. Client access to usage can also be provided through external portal (NOTE: Because Transit Windsor uses third party software, it may not be possible to automate this process if their software vendor does not provide an easy or cost-effective data extraction option.)

Expected Outcomes  Automation Processes Reporting would be handled by dedicated system/team reducing future analytics support of potentially 2 to 3 staff (savings of one (1) additional staff).

Bylaw Self-Service Current Process Data extracts are received by email, daily, and are processed into an Excel workbook for review and dissemination. The results are used to assess performance workload, and staff assignments. Also, the final task of enforcement officers is to contact the originator about the resolution. This is done primarily by phone.

Future Process In a centralized reporting model, automated data extracts are prepared and loaded for reporting and ad hoc analysis, including historical data. With self-service access, users would be able to access information immediately, and directly. This allows better analytics, including trending, to support operations, special studies, and management reporting.

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Integration and alerting, would allow an automated message to be send to originator with details on the steps taken, resolution provided, and contact information if follow up is required.

Expected Outcomes  Automated data preparation Up to 1 hours of time per day can be saved by this process and reliance on individual staff for data generation would be reduced.  Automated Closure Email Close to 15,000 incidences will be investigated in 2019, and the total workload is rising each year. This could eliminate 7.5 minutes of time, per incident. This excludes some cases where contact is required for clarification and other reasons.

"311" Dashboard & Reporting Current Process The “311” system collects information and provides access to operations users. The system is also integrated with some work order/enforcement systems for some incidents. Data extracts are provided to the open data initiatives. Ad hoc requests are provided by a support resource when requested.

Future Process In a centralized reporting model, data extracts can be automatically stored and self-service interface provided to users.

Expected Outcomes  Automation and Self-service reporting support can be handled by central group reducing 0.5 FTE. As the “311” system provides analysis and resources to many groups in the City, using Business Intelligence tools to automate collection, management of history, and analysis of the data will reduce the manual workload of the application group.  Self-service and Dashboards Managers efforts to reduce effort to extract, analyze and review data. This would save potentially 1 day per month for up to 10 managers/users. By having access directly to data for analytics purposes, managers would not have to rely on manual data requests/fulfillment processes.

HR Dashboard A number of initiatives have been implemented (or are in progress) for improving HR information management at the City. This includes WFM for scheduling improvement and time tracking; JazzHR for recruitment automation; and, Employee Self-Service.

There are a number of sources of HR information, files and data for specific purposes. A centralized view of all HR will help match needs with allocation, understand trends and predict needs, and ensure correct resource allocation. In discussions with some business groups this would improve the efficiency and time taken to complete management/staffing tasks. Some examples are:  Staffing allocation for part-time instructors, having schedule information, and course enrollment in a single view will help automate management of staffing/demand levels.

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 Staffing allocation having historical work levels and trending can provide insights to future needs and better support projected staffing planning.  Off Time Analysis historical analysis of off-time (sick days etc.) to better understand trends/patterns to evaluate behavior.  Contract Compliance provide a single source to understand contract obligations, and staffing schedules can reduce management time in planning, and in potential grievance analysis/reviews.

Expected Outcomes:  Staff Assignment improvements With self-service access to data coupled with advanced analytics capability better resource assignment can reduce overstaffing in some areas. We can expect that up to 10 staff days per month could be saved in up to 5 groups (or 50 days per month). This would be a combination of both staff assignment better alignment with workload, and management time for analysis/planning.

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Pilot Overview

The City of Windsor (the City) embarked on a project with the support of the Provincial Audit and Accountability Fund to identify improvements in how it handles, manages, organizes, and utilizes data. One component of the proposed solution was an Information Management and Data Analytics Assessment In order to help illustrate the functionality and value of this strategy, demonstrations and pilot project are proposed for The City of Windsor that could span the following scenarios:

 Internal o An HR based analytical system would aid internal performance for ALL departments

 External o A 311 based analytical system would aid services driving performance improvement and citizen satisfaction

 Business Process Automation o BPA would support improved business flow and enhanced services in existing systems by quickly adding needed functionality

These examples would illustrate Business Intelligence and Business Process Automation integration proposed in the Opportunities Summary.

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Human Resources

Discussion with management of the department provided insights for the current needs of the HR department predominately regarding job fulfillment.

The proposed BI functionality for this line of business (potentially used by all departments) would entail capability based on their input and additional HR capability IBI has experienced as value added in other business organizations:

Job fulfillment metrics: o Date position created, filled, postponed, etc. o Progress through the fulfillment ‘gates’ o Trends by dimension over timeframes o Current next-step by person/department (“Who’s court is the ball in?”)

Additional HR capability  Top/Bottom n reports (i.e. Top 10, Bottom 5, etc.) o By Department, timeframe, status, etc.  Alerts and broadcasts (‘Pushed’ information) o Weekly/Monthly status reports delivered o Alert emails to inform personnel of situations requiring attention . Provide portable analytical documents to support action  Predicted vacancy and hiring o Issues based on forthcoming retirement trends driving proactive effort  TBD based on data availability o Salary based Analysis o Population trends o Workforce specialization requirements o Geographical and situational analysis

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Example HR dashboards IBI would demonstrate:

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311- Service Windsor

Discussion with relevant managers provided insights for the current needs of the 311 department. They also provided data to support a realistic 311 based analytical pilot.

The proposed BI functionality for this line of business (used by councilors, all departments, and potentially citizens and media) would potentially entail:

 Time based metrics: o Peaks and troughs of cases by timeframe o Time to respond. Time to close o SLA compliance  Geographical Analysis o Wards o Route optimization . Fuel savings . Service personnel productivity via clustered location of case  Complaints o Who, Why, When…. o Resolution analysis  External data analysis o Weather o Social channels . Sentiment of Windsor citizens  Survey/Website activity/Voting analysis  Predictive Analysis o What’s coming down the pike? . E.g. Workforce adjustments based on historical trends

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Examples of 311 Service Windsor dashboards IBI would demonstrate

Tree Maintenance Case Volume by Month (animated) per Ward

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Automatic Customer Notification via BPA Integration – 311 and Permits

Discussions with personnel have identified a potential BPA pilot for Integration of processes in the Amanda system that would deliver automatic customer notification informing the City’s customers of case status, which is typically done manually today (if at all)

 BPA would address the “It’s taking too long” perception by the customers and also give informative case updates. Incomplete information would be detected and notifications would be ‘pushed’ to permit’s customers via email proactively. Also, citizens could receive email notification of 311 case status (especially case closure) giving enhanced service deliveries. There is no service to inform the customers currently. Automatic Customer Notification is proposed for the BPA pilot project

Additional area of improvement uncovered:

 An area for BI Integration would regard the financial aspects of Permits. With the integration of the Permit and Financial data delivered via dashboards, reports and alerts, Analysts would be able to determine, for example, financial status and take action regarding Budget and Actual conditions. Current, predicted and trending based decisions would support healthy operations, tax-based decisions and other financial undertakings within The City of Windsor. This scenario is not proposed as a pilot project

By-Law Enforcement

Discussions with By-Law enforcement personnel have identified a potential Business Intelligence pilot. We propose the automation of the daily report manually compiled by the by-law enforcement group that provides data for:

Over # ready due by Total for 2 New Ward RFS review Signs months RFS completed investigated

This would illustrate the integration of data into the report and automatic broadcast to the user community. Additionally, an example dashboard would illustrate analytical insights for By-Law Enforcement performance. IBI can leverage strong experience here as we have another Ontario city that has developed and deployed a comprehensive By-Law Enforcement system via our partnership

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Examples of Enforcement Dashboards:

Drill by Officer

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Officer Workload

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Technical Setup

IBI has installed and enabled the latest release of WebFOCUS and iWay Software in The City of Windsor IT environment and to facilitate onsite demonstrations and ‘hands-on’ experience We would like to acknowledge the excellent help and support provided by Marnie Pastovich throughout this project

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Recommendations The findings from the study indicate the potential for significant benefits to the City and its residents with a combination of business and technology strategies. The two go hand in hand and are needed to support each other. Effective investment in and use of technology depends on clear business goals. In 2015, the City began the shift from managing constraint to planning for the future with the development of a Strategic Vision7 along with the recent 2019 Strategic Planning exercise undertaken by City Council to reaffirm key strategic objectives. The effective use of data is a key element of any organization’s business strategy. An integrated information management strategy will ensure that the City avoids investment in fragmented technology solutions and leverages the benefits of integrated access to data across the enterprise. The Information Management strategy8 that was developed by the City administration in 2015 contains many elements that still apply today and should be refreshed based on the findings and recommendations in this report. The 20-Year Strategic Vision proposed a “corporate view of data” and the proposed new information management strategy addresses this. Currently many departments have had to manage data in silos with direct access only to their own data, necessitating special requests (and additional work) to access data outside their department. In some cases, staff reported that they are not aware of what other data is available that might help them manage more effectively. Information Management Strategy The current information management strategy as described above has led to a number of barriers to information delivery, management, and timeliness that will be addressed by the proposed information management strategy. There are two main elements to the proposed updated information management strategy:  Creation of a business intelligence and analytics architecture,  Supported by a Business Intelligence Centre of Excellence (BI CoE).

7 20-Year Strategic Vision, City of Windsor, 2015 8 Information Management Strategy, City of Windsor, July 2015.

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Business Intelligence and Analytics Architecture The proposed business intelligence and analytics architecture would transition the City from the current siloed applications to an architecture that facilities improved access to data and ability to leverage it for benefits to the residents and the Corporation. Figure 5 below illustrates the first phase of transition to integrated use of existing data and technology assets.

Figure 5: Phase One of the Business Intelligence and Analytics Architecture

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Phase 1 – Business Intelligence Infrastructure – Information Access Layer Phase 1 of the implementation can happen in the early stages of implementation of a BI CoE and is designed to provide a single layer of information access to the entire data catalog of the City. The Best Practice to implementation of this layer is to build up the integrated catalog of data via numerous small projects (or Agile Sprints). This allows incremental improvements, with demonstrated value after each step. In this case, the BI team would connect, ingest, and disseminate data from individual sources, such as 311 and Workforce applications. As each project is completed, the catalog of data would be available to enhance delivery of other projects, as well as, provide Ad Hoc analysis for analytics projects, and studies. The selection process for each project (or Sprint) would be based on three criteria:  Speed: is the objective simple and concise enough to be delivered in a short period. Typical BI projects should be scoped to deliver value in 3 to 12 weeks. Larger projects should be divided into smaller delivery cycles to ensure scope is focused and deliverable.  Data: is the data available and is it of ‘good’ quality. In many cases, business needs require access to information that is either not available, or not complete.  Need: what value will the project bring to the business users. It is important to make sure the outcome will be of high value to ensure adoption.

Potential specific opportunities that could be completed in phase 1 include:

311 Dashboard – “Voice of the Citizen” Opportunity Provide dashboard summarizing current ‘311’ tasks, as well as, historical trending. Description Help individual departments understand the demands, trends, and success of their department in servicing the Citizens. Also, provide an overall view to “top priorities”, trends, and analytics (predictive/future). Organization All Departments, Management, Councilors Data Sources 311 data Sprint Description Extract data updates nightly from source system Develop a data mart to store historical information across ticket types Design/Develop initial dashboard Provide Ad Hoc access to 311 data

Financial Budget/Variance dashboard Opportunity Provide Budget and Actuals across departments, and GL Codes, in a user accessible Dashboard Description Prior to monthly allocations, and other factors, provide access to the daily summary of Budget vs Actuals information to allow business units to

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track/manage financial performance. (Note: this information would be accurate for those categories that are updated daily, and would not include some monthly allocations, and/or GL items that are manually applied.) Organization Executive/Managers Data Sources Financials data Sprint Description XML data extracts of Month to Date GL, and Budget data, can be extracted nightly A Variance data mart for reporting, within the BI environment can be created and loaded nightly A dashboard, showing Budget vs Actuals currently in the financial system provided to all business groups Fire Analytics Dashboard Opportunity Provide summary and drillable details for Fire Department Description Provide summary and detailed analysis of Call/Response metrics, Incident, Inventory, and Inspections (future). Provide historical trending and analytics (predictive) analysis capabilities. Also, provide Ad –Hoc reporting to support business and studies. Organization Fire, Executive Data Sources FMS Sprint Description Extract daily summary data Provide a historical data mart to load daily Develop initial dashboard with stakeholders Provide business friendly ad-hoc interface

Tender History Opportunity Provide business groups that deal with vendors and implementation projects a historical data mart of previous tenders/results. Description Dashboard and/or Information Application to provide: Historical analysis of tender results and submissions Understand seasonal variation; better optimize process Help manage cost estimating and timing of projects

Organization Procurement, Project Management, Capital works, Maintenance Data Sources Procurement data (Engineering Spreadsheets?) Sprint Description Identify key bid information and extract daily updates into a historical

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datamart Provide an analytics dashboard to review/trend tenders

Phase 2 Data Management and Integration Architecture Figure 6 shows the next stage of information delivery in Phase 2. In this phase, as more data sources are accessible from the source systems through the BI layer, new reporting can be developed joining together difference data sources. An example of this approach is combining HR information from Workforces and the HRMS systems into a single view to employees.

Figure 6: Phase Two Data Management and Integration Architecture

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This phase expands the data access provided in Phase 1 by adding more data management capabilities to prepare new data sources (data marts) for delivery to stakeholders. This phase also continues to connect to new data sources to enhance reporting for the organization. Potential specific opportunities that could be completed in Phase 2 include:

CAO Performance Dashboard Opportunity Provide an executive view on key metrics and city performance in a single location Description As data sources are available to the BI CoE through other projects, establish key metrics that could be included on Performance Dashboard. The CAO Dashboard continues to grow in scope as each data source is available the BI system. Organization Executive, CAO Data Sources All Sprint Description Start with “Voice of Citizen” reporting based on 311 Data Include “Budget Variance” reporting based on Financial Dashboard Include “Fire Dashboard” reporting based on FMS data Add new analysis to Dashboard as other Data sources become available This becomes a series of ‘small’ multi-day sprints that can be completed quickly

Access to HR data Opportunity Managing seniority and appropriate workload, need access to HR information, training, certifications, work schedules, etc. Description Currently a manager has to request/review reports on staff from multiple sources to ensure correct assignment, and/or, staffing for absences (Who should be called in?). A Dashboard that shows staff availability (scheduling data), training, certifications, and seniority information. Organization Workforce Management across departments Parks & Recreation Maintenance Data Sources HRMS Time & Attendance data Contracts/MOUs/MOAs Sprint Description Extract selected data from HRMS Extract selected data from T&AS

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Combine extracts and provide integration with Contract documents (if available) Develop guided analysis of staffing “at a glance” for line management

 Provincial Offences Dashboard (POA)  Asset Analytics (Project/Procurement)  Staff Allocation Dashboard (MyInfo)  Community Development & Health Services Dashboard (various) Two more phases of development will be necessary to achieve a mature information management system. These are illustrated in the figures below. Phase 3 Data Warehouse and Data Mastering Figure 7 shows an infrastructure that include data warehousing, Master Data Management (including data quality) components. In this phase the BI CoE can start to compile new integrated assets, as well as, ensure data quality and integrity issues can be resolved. Examples could include:  “360” View of Citizen  All Asset Management View  Operations (Work Orders) View

Figure 7: Phase Three – Data Warehouse and Data Mastering

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Business Intelligence Centre of Excellence Information needs evolve quickly as new approaches to leveraging data assets emerge and are adopted. Best practice organizations leverage the expertise of a Business Intelligence Centre of Excellence (BI CoE) to help business units, technical projects, and management better leverage valuable data assets across an organization and help bridge the data silos that develop over time. The BI CoE supports:  Procurement and maintenance of reporting tools, data management, and analytics technologies;  Provision of city-wide reporting, dashboards and insights;  Investigations, proposals, and information requests;  Provision of expertise to business groups to leverage corporate assets;  Maintenance of centralized view/catalog of authoritative data sources;

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 Capture of business/technical rules for accessing/leveraging data sources;  Implementation of the information strategy as developed by executive and management teams; and  Technology projects and ensure that data life cycle needs are included in new systems deployment. The exact role of the BI CoE can change as the organizational maturity develops. A BI journey can be bracketed into the following phases:  Adoption Phase Initial deployments of BI infrastructures are followed by latent demands and analysis. The BI CoE can help organize formal intake processes (Front Door), prioritization, and planning to ensure that the organization focuses on high value opportunities first (“low hanging fruit”).  Refinement Phase As user adoption increases, new more complex questions will arise that require consolidation of data sources, and data management elements become important. The BI CoE and invest in data extraction, transformation and loading (ETL) infrastructure to manage the abstracted data sources. The need to store historical information from sources that have been replaced starts to become important for long term trending and analytics. The historical data management starts to de-couple source systems from reporting allowing reduced migration efforts as new systems come online. The BI CoE is tasked with answering the questions “what are we going to do with all this history we can use in the new system”.  Advanced Phase Issues with data quality, integration and mastering required further skills of the BI CoE. The center evolves to answer questions that a 360 degree view of the citizen can provide (for example). This could be analysis of citizen life cycle needs; citizen/business centric views of value; and support value based budgeting.

Implementation An implementation roadmap is proposed to transition from the current state to a modern information management structure. The roadmap has three phases:  Phase One – Business Intelligence Infrastructure  Phase Two – Data Management and Integration  Phase Three – Data Warehouse and Data Mastering The implementation plan needs to include both business and information management. Implementation of the expanded City’s Strategic Vision will require attention to four areas that have been identified as key success factors in strategy implementation:  Clients: attention to the desired benefits to the City’s residents, business and community partners;  Finances: allocation of finances to support the approved directions;  Process: re-design of business processes to achieve the desired outcomes; and  People: investment in the continuous learning at all levels of the organization to support the strategic directions. The research on strategy implementation reveals a simple logic: that you cannot expect different results if you work in the same old way (processes), allocate your finances the same way Information Builders, Inc. 56

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(finance), or fail to further develop your staff and organization capabilities. Most important is that the desired benefits to the City’s residents, business and community partners must be kept at the forefront to ensure that they are achieved as implementation proceeds. In addition, to further provide increased productivity and reduced costs in the information management strategy, collaborative development with other Ontario municipalities and public organizations can be leveraged. Many public organizations develop common applications and ‘re- invent the wheel’ unnecessarily. The City of Windsor can establish relationships with other municipalities and public enterprises to share development efforts, experience, best practices and knowledge. There are ample opportunities (e.g., symposiums) for municipalities, law enforcement organizations and healthcare providers to facilitate knowledge transfer and application sharing. From these opportunities, collaborative effort can accelerate the implementation of the recommendations provided in this report.

Recommendations In summary, the following actions are recommended to achieve the goals set out at the beginning of the project: 1. Develop an integrated information management strategy to meet the goals in the City strategic vision; 2. Implement a business intelligence and analytics architecture in phases as described in this report, 3. Create a Business Intelligence Centre of Excellence (BI CoE) to support the successful implementation of the business intelligence and analytics architecture and the more effective use of data at all levels of the organization; 4. Invest in the business process re-design and change management that is essential to the success of the overall plan. Change Management The recommendations presented in this report highlight the importance of operationalizing the 20- Year Strategic Vision and the subsequent strategic planning initiatives. To fully implement this process, a change management approach is discussed below to ensure the staff are well supported through the requisite learning and development as well as the accountability system for the set of recommendations. At a high level, the figure below illustrates the four-step process to ensuring the organization and the individuals are well informed and supported to implement the recommendations.

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Design

The recommendations are organized in a sequential order where the logics behind the vision and the subsequent strategic directions are cascaded down to activities such as establishing the Business Intelligence Centre of Excellence. This change management phase is meant to involve the key participants in the Design phase to support implementation activities. Key participant involvement is crucial as different internal stakeholders bring diverse perspectives that will enhance the overall outputs for each level of the cascade. Their inputs could:  Inform the formation of the strategic plan  Defining the scope and the expectations (key indicators and outcome metrics) of the information management strategy  Identify the necessary activities to deliver on the strategic plan and the information management strategy. These activities would be accompanied by the required level of resources and the appropriate time frame  Defining the mandate and the expectant outcomes for the Business Intelligence Centre of Excellence Identification of the key participants should be strategic, and be:  Accountable to the various plans throughout the cascade; these individuals will likely be those who will be responsible for reporting on the progress against the strategic plan and the 20- Year Strategic Vision  Using the services, processes and tools. These service users are included to manage their expectations early on in the progress and to garner initial buy-in at the Design stage. Should the various plans share resemblance with the inputs they provided, their degree of change readiness should be higher in subsequent stages than otherwise  Operating or be a part of the operations to maximize the value of the City’s data. They are typically the experts in their respective areas and are well-suited to provide key inputs on the appropriate indicators and targets to monitor and measure performance One of the most common barriers to success is not in strategy formulation but in strategy execution. A major cause lies within the failure to communicate the strategic intent to those executing the strategy. A lack of broader understanding of the strategic purpose outside one’s scope of duty can result in resentment, change resistance and eventually performance issues in Information Builders, Inc. 58

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executing the strategy. By including the key stakeholders early and engaging them meaningfully, supported by continuous reinforcement of accountability, the activities suggested in this phase establish a strong foundation for future success.

Knowledge Transfer

Knowledge Transfer includes both transferring technical knowledge but also includes general communications to the broader audience to ensure stakeholders stay informed about the implementation (and the progress) of a strategy that includes an information management strategic direction. For staff who will be impacted by the recommendations, this includes those accountable, those who will be using the new data capabilities, and those who will be supporting/delivering the new data capabilities. This is the phase where the requisite formal training and development are provided to them. Depending on the implementation time frame, the time between formal training in this phase and Readiness (the phase where the stakeholders get to apply their knowledge) is minimized. The areas of formal training and development could include:  Training of specific systems/products  Training of new procedures  Education on the application of business intelligence in municipal services (e.g., the case studies provided in early section of this report) Broader knowledge transfer begins the reinforcement of the rationale behind the strategy (e.g., the opportunities identified in this report); a consistent messaging on this rationale buttresses the strategic intent and reminds the audience of the recent operational pains that were found common across the City. As various strategies are designed in the Design Phase, the plans ought to be socialized by the leaders as well as the key participants in the Design Phase to begin positioning them as change champions. The change champions should be encouraged to be as visionary and as vocal as possible to inspire buy-in for the strategies. The timing and cadence for broader knowledge transfer should be determined as appropriate to the strategy implementation timeline. As part of the knowledge transfer phase, expert users may start to emerge as they would have demonstrated aptitude during formal training. These users may be recruited as Super Users to support their peers in the subsequent phases, in case they require additional technical support; in addition, those impacted by the strategies should be provided with training material and a single point of contact for all technical related issues.

Readiness

Consider this Phase as the warm-up phase before going full live. This is the opportunity to assess the implementation of the strategies in a low-risk but close-to-live environment, test and validate the end-to-end business procedures and the intended business objectives, identify opportunities Information Builders, Inc. 59

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for improvements immediately for the launch as well as post implementation, confirm and test the contingency steps, and secure technology and process successes to increase user confidence in the strategy. To achieve this purpose of a low-risk but close-to-live environment for testing and validation, there should be a gatekeeping role that reviews and validates information periodically and at the end. This role will require the definition of SLAs, as appropriate, which will serve as the evaluation rubric to determine which issues require immediate resolution and which issues can be integrated into future enhancements. In addition, this is the phase to design a formal risk management plan for the implementation to ensure possible challenges are considered and there are clear mitigation/contingency plan in place should issues occur during go-live. Areas of risk could include:  Staff capacity to change (e.g. change resistance; non-confidence in data, change fatigue)  Public facing interfaces failure  Loss of critical data  Confidentiality of data compromised A key principle of this phase is to catch all material issues internally before public-facing service delivery is impacted.

Sustaining

As the City prepares to go-live with the new tools/procedures/services, adequate resources need to be in place to ensure real-time support can be provided and there is sufficient capacity to engage any contingency plans if necessary. Post go-live, as the City is stabilizing in its implementation of new tools/procedures/services, daily reporting on issues, resolutions and activities should be provided to staff, including those impacted by the implementation and the broader staff. Not only does this keep staff informed of the implementation process, any progress made on resolving go-live challenges can be leveraged as quick wins, and the ongoing stabilization process, when communicated, can further instill confidence in staff on the new tools/procedures/services. This process typically continues for a period of 2 week, the City should then be considered as stabilized. The next mandate is to define the new state of normal. As operations is stabilized and enters “Business-As-Usual”, the utilization of new tools/procedures/services should be defined by the leaders as basic role requirements. By making this switch, the implementation changes from a change-management oriented approach to a performance-management oriented approach where leveraging data intelligence becomes a core part of the performance expectation and accountability.

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Appendices

Appendix A: Authoritative Source Datasets (January 2018) Dataset: Information Owners:

Public’s complaints (where/who/when the 311 complaints gets handled internally) Public’s requests for service (where/who/when the 311 request gets handled internally)

Corporate phone numbers All departments Capital budget information Asset Planning Public’s requests for service (where/who/when the Building request gets handled internally)

Permits (e.g. building, sewer) Building

Work orders Building

Public’s requests for service (where/who/when the By-law request gets handled internally)

Work orders By-law

Grievances CAO’s Office In-camera reports CAO’s Office Delegation of Authority reports CAO’s Office Corporate project list CAO’s Office Risk assessments CAO’s Office Council reports and resolutions (for public Council Council Services meetings)

Box management Council Services Freedom of Information requests Council Services Election results Council Services

Election polls (voting stations) Council Services Information Builders, Inc. 61

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Dataset: Information Owners:

Election voter list Council Services

Death records Council Services working on behalf of the Registrar General Water processing Environmental Services

Building components (e.g. roofs, windows) and Facilities their routine maintenance (for buildings owned/operated by the Corporation) HVAC and building environment Facilities

Building assets Facilities Work orders (corporate buildings) Facilities Properties (i.e. anything to do with an address in Finance? the City of Windsor including tax assessments and property information from MPAC)

Tax accounts (roll numbers) Finance?

Operating budget information Financial Planning CAD property records Geomatics Ortho (aerial) photos of Windsor Geomatics Employees Human Resources Employee photos Human Resources Employee time and attendance tracking Human Resources

Work schedules for hourly workers Human Resources

Training courses provided to employees via Human Resources computer including a list of who took the courses and their marks Tests given to individuals for corporate job Human Resources positions Employee card access Human Resources Huron Lodge patient records Huron Lodge

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Dataset: Information Owners:

Huron Lodge patient nutrition, menus, and dietary Huron Lodge restrictions Pharmaceutical drugs administered to residents at Huron Lodge Huron Lodge Information Technology’s incident calls and Information Technology requests for service Corporate computer listing (including laptops, VDI, Information Technology VPN) E-mail Information Technology

Phones, cellphones, managed (i.e. trackable) Information Technology computers, and BlackBerry inventory Voice mail Information Technology

Listings of agencies, boards, and commissions, Information Technology Organization units, Distribution groups, Outside contacts Security footage Information Technology

Managed network devices Information Technology Web filter that (1) has authorized categories of Information Technology sites that the Corporation allows its employees (and the public via public Wi-Fi) to visit and (2) tracks employee Internet activity

Spam filter that tracks the e-mail that has been Information Technology received and quarantined in the past seven days

Work orders (I.T. service calls) Information Technology Windsor Public Library financial data Library Licences (e.g. for dogs, businesses) Licensing

Licencee photos Licensing Public’s requests for service (where/who/when the Operations request gets handled internally)

Linear assets (e.g. roads, sewers, sidewalks, Operations

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Dataset: Information Owners: bridges, ditches), Sewer inspection ratings

Parking Tickets and Enforcement Operations Snow plow and other vehicle GPS locations Operations Sewer inspection records and videos Operations

Work orders (linear assets) Operations Work orders Operations

Vehicles owned/operated by the Corporation Operations, Transit including their fuel consumption Windsor, Fire, Police Provincial offences convictions Provincial Offences POA court recordings Provincial Offences Office Permits (e.g. building, sewer) Public Works

Purchasing card (P-card) transactions Purchasing City of Windsor course registrations Recreation and Culture Museum inventory Recreation and Culture Applications submitted for the Endowment for the Recreation and Culture Arts Social Assistance case files Social Services

Public’s requests for service (where/who/when the Taxation request gets handled internally)

Work orders Taxation

Farebox payments Transit Windsor

Bus routes and schedules Transit Windsor Bus pass sales Transit Windsor Transit Windsor bus GPS locations Transit Windsor Tangible capital assets Various departments

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Dataset: Information Owners:

Index of paper records Various departments who organize their paper files via Livelink Cashiering information from departments Various departments who process payments made by the public to the Corporation

Fire incident information Windsor Fire & Rescue Services Fire Windsor Fire & Rescue Services Library books and patrons Windsor Public Library

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Appendix B: Impact on 20-Year Strategic Vision The number of opportunities described in this report, if capitalized in a coordinated and comprehensive fashion, can have tangible and material impact on the goals expressed in the City’s 20-Year Strategic Vision and subsequent Strategic Planning initiatives. Specifically, to do so, the City will need to approach each opportunity with a strategic rigour that considers the necessary financial resources, staff training and development as well as changes in business processes. Some possible examples that could link robust information data management and analytics to achieve desired outcomes might include examples as follows: More jobs in Windsor With a robust information management and reporting capability (e.g., data integration and data intelligence), the City possesses a wealth of valuable information that can support local economic development. As the business community considers locales to establish or to expand operations, access to local market intelligence to inform business planning is a requisite step. The City has taken a step toward making the City information available through the Open Data initiative. The current views in Open Data are segmented by the City’s internal operations (e.g., departments); however, if the City can provide vital data integrated in a way that the business community can leverage, the data can be a powerful tool for business planning. Access to timely and accurate intelligence will be a key enabler for the Council to make decisions under the 20-Year Strategic Vision. With the enhanced information management and reporting capability, the staff will be able to supply critical intelligence in real-time and efficiently. A sustainable internal operation can be achieved to support the Council in its economic development vision. To thrive, businesses are looking for more efficient and expedient approval processes (e.g., development applications, etc.) from the City. This project identified opportunities to remove internal operation bottlenecks through the elimination of manual processes and to ensure current procedures are reflective of the City’s most-up-to-date risk tolerance, all of which, if capitalized, can reduce barriers and attract more and diverse businesses. Lastly, being situated at the Border, the City is uniquely positioned to attract talent from both Canada and the United States. Given the significant levels of turnover due to expectant retirements in the next 10 years, the availability of high-quality jobs within the City is a key employment attraction. As the recruitment operations are enhanced and the growing pains addressed, the City has the potential to become an employer of choice to residents across the border as well as to youth who are seeking diverse, long-term and meaningful employment. Addressing Windsor’s Reputation The City’s desire to be a hub for innovation and creativity as articulated in the 20-Year Strategic Vision needs to be translated into goals and objectives in the City’s strategic and operational plans. Organizing the City’s data in consumable fashion for the public will further Council’s commitment to a fair and transparent municipal government. The symbiotic relationship between an informed Council (with real-time and accurate information reporting) and an informed public (through further enhancements to the Open Data initiative) can be the bedrock for greater civic engagement. Further, partnerships with nearby municipalities can also be built on the enhanced information management and reporting capability to supply intelligence for regional decision- making. Information Builders, Inc. 66

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Building on a history of having the discipline of operating under fiscal constraint for an extended period of time, the City has already demonstrated a “can-do” attitude due to the commitment and effort by the City staff. With the Council shifting focus from constraint to investing in the City, the opportunities highlighted in this project, with the appropriate strategic and accountability framework, can enable the City staff to deliver on the strategic vision and to demonstrate the same attitude again. Improving Quality of Life in Windsor The quality of life in Windsor is a function of the efforts of the City and many other stakeholders. With the different types of data that the City possesses, the City is well-positioned to support the efforts of many stakeholders through an integrated view of its data. The next stage of development after data integration is data intelligence where integrated data provides insights that would not be possible otherwise. Data intelligence enables predictively intelligence where the City can have the capabilities to identify leading indicators to eventual safety, poverty, health challenges. By harnessing the power of the data maturity journey, data intelligence can enable staff to plan for development that works for the public, accurately target resources to strengthen the communities, and eventually implement upstream interventions to reduce adverse incidences (and lower downstream costs). Consultation with the Parks, Facilities, Recreation and Culture department highlighted a number of process challenges that staff face. Addressing challenges to operational efficiency, the amount of time the leaders in this department spent on operations can be alleviated and enabling them to consider, on a strategic level, the opportunities to enhance the overall Quality of Life in Windsor through various arts initiatives, cultural activities, etc. Lastly, 311 has proven to be an effective mechanism to engage the residents on civic matters. It provides valuable insights to City departments to monitor and measure performance against resident complaints. Currently, Open Data publishes a number of base metrics on 311 performance. By leveraging data integration opportunities discussed in the previous sections, more robust data on City’s performance against 311 inputs can be made available to the public contributing to further transparency and to demonstrate measurable outcomes to service delivery.

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Appendix C: Examples of Return on Investment

Case Study: Charlotte-Mecklenburg Police Department

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How to Improve Your Return on Investment in Data and Analytics With Intelligence, Integrity, and Integration

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Appendix D Cost Benefit Estimates

COST BENEFIT ANALYSIS – ESTIMATES

Estimated Investment Costs Capital (i.e. number or Annual Operating (i.e. (subject to some variability) range)* number or range)** Information Management $100,000 Strategy Business Intelligence Centre $250,000 software + $50,000 of Excellence $200,000 Services

Business Intelligence, $250,000 Software + $50,000 Integration and Data $200,000 services Quality/MDM

Phase I $300,000 Software+ $60,000  Phase II $300,000 Services  Phase III Change Management $150,000

(* Capital costs include consulting resources, City staff allocations would be in addition. Consulting resources are for development of Use Cases described)

(** Operating costs are for annual Software Support and Maintenance only. This provides all product bug fixes and enhancements as well as 24x7 technical support. These costs do not include any resources costs to support a division and staff for the Business Intelligence Centre of Excellence. The number of staff for the BICoE would range from 2 to 3 people with an anticipated cost of $135,000 to $175,000.)

(*** Training is not included in these costs, but can be estimated as $4,000 per developer for a subscription annual training pass)

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Potential/Estimated Annual $ Value Use Case Improvements Efficiencies* of Saving* Automate reporting and 40 to 50 weeks up to $100k Financial Reporting processing Self-Service - save manager 50 to 70 weeks up to $150k efforts Centralized reporting/ Self- 40 to 52 weeks up to $ 90k Transit Self-Service Service Automated data extraction & 4 to 8 weeks Bylaw Self-Service history Automated email processing 40 to 52 weeks "311" Dashboard & Automated extract and self- 10 to 25 weeks Reporting service for managers Automated extract and self- 10 to 26 weeks service for decision support HR Dashboard Consolidated view of HR data 60 to 120 weeks up to $250k Total 254 to 403 weeks

(* The above value information is based on high level estimates which are subject to significant variability. Actual efficiencies or savings cannot be quantified with any degree of accuracy at this stage as all potential changes are conceptual in nature and would in many cases result in redirected effort to more value-added services. Further analysis is required to refine these calculations to reflect a more accurate observation.)

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Committee Matters: SCM 456/2019

Subject: Report of the Striking Committee of its meeting held December 2, 2019

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VC/bm Windsor, Ontario, December 16, 2019

REPORT OF THE STRIKING COMMITTEE of its meeting held December 2, 2019

PRESENT: Mayor D. Dilkens Councillor F. Francis Councillor C. Holt Councillor G. Kaschak Councillor K. McKenzie Councillor J. Morrison Councillor F. Costante Councillor R. Bortolin Councillor E. Sleiman Councillor J. Gignac

Also in attendance:

O. Colucci, Chief Administrative Officer 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 T. Ardovini, 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

Declarations of Pecuniary Interest:

None Declared.

Your Committee submits the following recommendation:

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1) That the following persons BE APPOINTED as Jurors for the 2020 Arts, Culture and Heritage Fund:

*Vanessa Shields (past juror in 2019) *Carley Schweitzer (past juror in 2019) (*approved Guidelines specify 2 jurors are to return from previous grant cycle) Talysha Bujold-Abut Natalie Delia Deckard Kevin Alexander

Councillors Francis and Gignac voting nay

MAYOR

CITY CLERK

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BY-LAW NUMBER 131-2019

A BY-LAW FOR THE USE, REGULATION, AND PROTECTION OF PARKS

Passed the 16th day of December, 2019.

WHEREAS Section 94 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes that, despite section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1), or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 5 of subsection 11 (3), in relation to culture, Parks, recreation and heritage in the municipality, in another municipality or in unorganized territory.

AND WHEREAS Section 35 of the Liquor Licence Act, R.S.O. 1990, c. L.19, as amended, provides that the Council of a municipality may by By-law, designate recreational areas within the municipality owned or controlled by the municipality as places where possession of liquor is prohibited;

AND WHEREAS it is desirable to regulate, protect and govern the use of Parks, and public open space within the City of Windsor;

AND WHEREAS it is desirable to repeal By-law 200-2002 and the amendments thereto;

THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:

CONTENTS SECTION 1 – TITLE ...... 4 SECTION 2 – DEFINITIONS...... 4 SECTION 3 – SCOPE, CONDITIONS OF ENTRY, and UNIVERSAL RULES ...... 6 3.1 Scope...... 6 3.2 Exclusions and Exemptions ...... 6 3.3 Conditions of Entry ...... 6 3.4 Universal Rules ...... 6 SECTION 4 – CONDUCT ...... 7 4.1 Conduct ...... 7 4.2 Restricted Areas ...... 7 4.3 Destruction or Abuse of Property and Equipment ...... 7 4.4 Destruction or Abuse of Trees, Plants, Flowers, Shrubs and Grass...... 7 4.5 Littering, Polluting, Dumping ...... 7 4.6 Restrictions on Glass Containers...... 8 4.7 Explosives, Firearms and Weapons ...... 8 4.8 Disorderly Behaviour...... 8 4.9 Alcohol...... 8 4.10 Smoking ...... 9 4.11 Protection of Wildlife ...... 9 4.12 Encroachment ...... 9

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4.13 Environmentally Significant Areas (ESA) - Prohibitions ...... 10 SECTION 5 – PARK USE ...... 10 5.1 Campfires and Barbeques ...... 10 5.2 Organized Gatherings and Picnics ...... 10 5.3 Amplifiers and Loud Speakers ...... 11 5.4 Camping and Lodging...... 11 5.5 Tents and Structures...... 11 5.6 Swimming ...... 11 SECTION 6 – GAMES SPORTS AND ORGANIZED ACTIVITIES ...... 12 6.1 Organized Sports or Activities ...... 12 6.2 Golfing and Archery...... 12 6.3 Model Aircraft And Rockets ...... 12 6.4 Skating, Skiing, Tobogganing and Sledding ...... 12 6.5 Roller Skates, Roller Blades and Skateboards...... 12 6.6 Tennis ...... 13 6.7 Kites ...... 13 SECTION 7 – VEHICLES ...... 13 7.1 General Use ...... 13 7.2 Bicycles ...... 13 7.3 Trucks and Commercial Motor Vehicles ...... 14 SECTION 8 - MULTI - USE TRAILS ...... 14 8.1 Multi – Use Trail Rules...... 14 8.2 Required Equipment ...... 15 8.3 Lights Required by Multi – Use Trail Users ...... 16 SECTION 9 – PARK ROADWAYS ...... 16 9.1 General...... 16 9.2 Parking ...... 16 9.3 Other Activities ...... 17 SECTION 10 – ANIMALS...... 17 10.1 Responsibility to Observe Dog By-law 245-2004 ...... 17 10.2 Animals in Parks ...... 17 10.3 Leash Free Zones ...... 17 10.4 Dangerous / Threatening Animals Prohibited ...... 18 10.5 Abandonment ...... 19 SECTION 11 – WATERCRAFT...... 19 11.1 Boating ...... 19 11.2 Mooring/Launching ...... 19 SECTION 12 COMMERCIAL ENTERPRISES ...... 19 12.1 Sale of Merchandise, Trade or Business...... 19 12.2 Filming and Videotaping ...... 19 12.3 Circulars and Advertisements...... 20 SECTION 13 – HOURS ...... 20 SECTION 14 – REGULATION AND ENFORCEMENT...... 20 14.1 Permits and Licences...... 20 14.2 Posting of Signage ...... 20

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14.3 Temporary Closure...... 21 14.4 Enforcement ...... 21 14.5 Penalties ...... 21 14.6 Severability ...... 21 14.7 Interpretation ...... 22 14.8 Repeal and Transition...... 22 14.9 Effective Date ...... 22

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SECTION 1 – TITLE

1.1 This By-law may be referred to as the Parks By-law.

SECTION 2 – DEFINITIONS

2.1 In this By-law:

(a) BICYCLE includes a tricycle and unicycle but does not include an E-bike, or other wheeled conveyance;

(b) CENTRE LINE means a longitudinal division of a Multi – Use Trail, whether or not the division is indicated on the surface of the Multi – Use Trail;

(c) CONTROL means care and custody;

(d) CORPORATION means The Corporation of the City of Windsor;

(e) COUNCIL means the Council of the Corporation;

(f) DESIGNATED AREA means an area within a Park designated by the Executive Director for a specific use or purpose either permanently or for a specific time, duration or occasion, which may include Posted conditions;

(g) E-BIKE (Electric Bicycle) means a power-assisted Bicycle, or E- bike, as defined by the Ontario Ministry of Transportation, as amended from time to time. For the full definition, please see subsection 2(1) of the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act;

(h) ENVIRONMENTALLY SIGNIFICANT AREA (ESA) means an area designated as an Environmentally Significant Area or an Environmentally Sensitive Area in the Corporation’s Official Plan;

(i) EXECUTIVE DIRECTOR means the Department Head of either Parks or Recreation & Culture, or his or her designate;

(j) HAZARDOUS MATERIALS means any materials made of metal, wire, piano wire, fishing line or any type of nylon that can be or is chemically treated or contains glass fragments;

(k) LEASH FREE ZONE means a Designated Area (such as a dog park), where a Person(s) owning or in Control of a licensed dog(s) are permitted to allow such animals to be unleashed;

(l) LIQUOR means spirits, wine and beer or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter;

(m) MOTORIZED VEHICLE means a Motor Vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c.H-8, as may be amended from time to time.

(n) MOTORIZED RECREATIONAL VEHICLES includes, but is not limited to an automobile, motorcycle, E-bike, snowmobile, go-cart,

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trail bike, mini bike, all terrain vehicle, or similar vehicle, propelled by an internal combustion engine, or electric motor;

(o) MULTI – USE TRAIL means a recreational pathway on City of Windsor property intended for use by pedestrians, bicyclists and Persons using Wheeled Conveyances, which is improved by asphalt, concrete, brick or any other surface, whether or not it is located in a Park, and includes any bridge or structure with which it is contiguous;

(p) MUNICIPALITY means The Corporation of the City of Windsor;

(q) ORGANIZED ACTIVITY means an activity pre-planned by a group or organization whether or not formally constituted, including but not limited to sports and games whether or not the Persons wear uniforms;

(r) PARK means any (i) land established by Council as a public Park, (ii) community centre, (iii) arena, (iv) pool, or (v) other lands maintained by the Department of Parks, and includes any body of water in connection therewith, or adjacent thereto, owned or operated by the Corporation;

(s) PARK ROADWAY means, a road in a Park, which is set aside specifically for use by Motorized Vehicles, Bicycles and E-bikes, including parking lots designated and intended for the parking of Motorized Vehicles;

(t) PERMISSION or PERMIT means the express prior written permission of the Executive Director in accordance with the rules and conditions set out in a permit issued by the Executive Director, as Posted in the Park, or as otherwise expressly permitted in writing by the Municipality;

(u) PERSON means an individual person or any association, corporation or partnership but does not include any person charged with the maintenance of public order or the maintenance or supervision of a Park;

(v) POST or POSTED refers to the erection or presence of permissive, regulatory, restrictive, warning or prohibitive signs and POSTED AREA means an area where such signs are erected;

(w) SERVICE ANIMAL includes a guide dog or other trained service animal identifiable by a harness and used principally to assist Persons with a visual, hearing or other disability or impediment;

(x) SPLASH / SPRAY PAD means an unsupervised area for water play that has no standing water and can include engaging water features such as shower heads and spray jets;

(y) SPORTS COURT means a specially marked paved area within a Park within which a game is designated to be played, including, but not limited to, basketball, squash, or tennis;

(z) SPORTS FIELD means a special area, made of natural or artificial turf, within a Park within which a game is designated to be played, including, but not limited to, soccer, or baseball;

(aa) SWIM ATTIRE means attire that is clean and worn specifically for swimming; it must not restrict movement or create a safety hazard,

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and cannot be clothing worn from the street into the pool. This includes a bathing suit, swim trunks, “board shorts”, attire worn for scuba diving or surfing such as a rash guard or wet suit, short or long-sleeved shirts and/or tights and/or shorts made of synthetic material such as “Lycra” or “Spandex”.

(bb) WATERCRAFT means any device for the conveyance in or on water and includes but is not limited to boats, row boats, sail boards, canoes, kayaks, or dinghies;

(cc) WHEELED CONVEYANCE means every manner of conveyance which has one or more wheels, including but not limited to, roller- skates, in-line-skates, roller skis, skateboards, scooters, carriage, wagon or sleigh; but excludes a wheelchair or similar device (powered or otherwise) used by an individual due to a disability, a Motorized Vehicle, Bicycle or E-bike, baby carriage or cart, child’s wagon, child’s stroller, child’s sleigh, or other conveyance of like nature.

SECTION 3 – SCOPE, CONDITIONS OF ENTRY, and UNIVERSAL RULES

3.1 Scope

This By-law shall apply to Parks in the Municipality.

3.2 Exclusions and Exemptions

This By-law shall not apply to:

(1) The drivers, operators, or other personnel of ambulances, police or fire department Motorized Vehicles while responding to an emergency.

(2) Employees or agents of the Municipality while engaged in works or services undertaken for or on behalf of the Municipality.

(3) Cemeteries as defined by the Funeral, Burial and Cremation Services Act, 2002.

3.3 Conditions of Entry

(1) All persons entering a Park do so at their own risk;

(2) All persons have an obligation and responsibility to themselves, as well as to other users of the Park, to conduct themselves in a safe manner;

(3) Using the Park is deemed acceptance of these conditions of use and requirements of this by-law.

3.4 Universal Rules

(1) Any action or inaction which is permitted by Permit is allowed under the terms and conditions of the Permit, notwithstanding the terms and conditions of this bylaw.

(2) Save and except as may be allowed by Permit, all Persons in a Park must comply with any Posted rules or conditions, as they may be amended from time to time. Consolidated City Council Agenda - December 16, 2019 Page 191 of 240

(3) All Persons in a Park must, at all times, comply with all governing legislation, regulations, bylaws, guidelines, rules, or other governing power, right, or mandate, whether federal, provincial, municipal, or other lawful authority.

SECTION 4 – CONDUCT

4.1 Conduct

While in a Park, or Environmentally Significant Area (ESA) no Person shall:

(1) Indulge in any riotous, boisterous, violent, threatening or illegal conduct or use profane or abusive language;

(2) Create a nuisance or in any way interfere with the use and enjoyment of the Park by other Persons.

4.2 Restricted Areas

While in a Park, no Person shall enter into an area in a Park where it is Posted to prohibit or restrict admission to the public.

4.3 Destruction or Abuse of Property and Equipment

While in a Park no Person shall:

(1) Deface, alter, write upon, destroy, damage or remove in any way, real or personal property or equipment of other Persons or of any person charged with the maintenance of public order or the maintenance or supervision of a Park;

(2) Open or otherwise tamper with an emergency life preserver enclosure except in an emergency situation requiring the use of the emergency life preserver.

4.4 Destruction or Abuse of Trees, Plants, Flowers, Shrubs, Grass and other areas

While in a Park, no Person shall:

(1) Destroy, disturb, burn or in any way damage or remove any tree, Sports Court, Sports Field, landscape feature, flower, shrub, plant, sod, grass or other vegetation, soil, sand, gravel or wood, except by Permit;

(2) Construct upon or alter the grade of any property except by Permit for special use (i.e. Community Gardens).

(3) Plant any tree or vegetation, add mulch, or remove invasive plants or trees, except by permit.

4.5 Littering, Polluting, Dumping

No Person shall in any Park:

(1) Dispose or dump garbage, litter, tree trimmings or like refuse; except that which is generated through the normal use of the Park and is deposited in receptacles provided for such purpose;

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(2) Dispose or dump garden, household or commercial refuse in any Park receptacle or in any other area of the Park;

(3) Dump, drain or discharge onto any soils, or into any waters within any Park (including pools and bathing areas, fountains, or any tributary, pond, lake, brook, stream, sewer or drain flowing into any waters, or watercourse of any kind), any substance, liquid or solid, toxic or otherwise, which may have the effect of polluting the Park or said watercourse(s).

4.6 Restrictions on Glass Containers

Unless otherwise Permitted, no Person shall, in any Park, consume from or use glass containers unless in Designated Areas and during designated times.

4.7 Explosives, Firearms and Weapons

While in a Park, no Person shall:

(1) Unless authorized by Permit, be in possession of or use any weapon of any kind, including but not limited to a firearm, torpedo, rocket of any type, air gun, bow and arrow, axe or knife;

(2) Throw or propel stones;

(3) Ignite, discharge or set off any fireworks, firecrackers, sky lanterns, etc., except as a fireworks display authorized by Permit and in compliance with all federal, provincial and municipal laws and bylaws.

4.8 Disorderly Behaviour

No Person shall in any Park:

(1) Enter or leave any Park except by designated entrance ways or exits, or enter or attempt to enter any facility, area or building sealed, locked or otherwise restricted from public access;

(2) Use any buildings, structure or equipment for any purpose other than that for which it is obviously intended;

(3) Remove or change the location of or in any way disturb the setting of playground or any other equipment or chattels or of any part or portion thereof;

(4) Climb any building, structure or equipment, unless it is equipment designed for climbing;

(5) Cause to take place or participate in a marriage ceremony except in a Designated Area and with Permission;

(6) Use a metal detector unless authorized by a Permit issued by the Municipality.

4.9 Alcohol

While in a Park, no Person shall possess, consume, serve or sell Liquor unless authorized by a Permit issued by the Municipality and with the

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approval of the Alcohol and Gaming Commission of Ontario, as applicable.

4.10 Smoking

All Persons entering into and using a park must comply with By-law 113- 2006 which prohibits smoking in City Parks, conservation areas, marinas and recreation facilities, as well as any associated parking lot or walkway, except for temporary designated smoking areas for events obtained by permit or through an agreement with the City. Prohibited smoking products include cigarettes, cigars, pipes, e-cigarettes, hookahs, water pipes and any other lighted or heated equipment used to smoke or vaporize any tobacco or non-tobacco product.

4.11 Protection of Wildlife

(1) While in a Park, no Person shall feed, kill, attempt to kill, trap, hunt, fish, pursue or in any manner disturb any animal, bird, waterfowl, fish, worms, or other wildlife, unless Posted otherwise;

(2) “Feed” or “Feeding” in this section shall mean furnishing or making food available to animals including leaving food outdoors in such a manner as to attract or be accessible to an animal, wild animal, wildlife, feral or stray domestic animal in a park.

(3) “Food” in this section shall mean anything that can be consumed by an animal for sustenance or any substance that could be reasonably expected to attract wildlife, a wild animal or animals or does attract wildlife, wild animals, strays, feral or abandoned animals.

“Food” does not include:

vegetation or insects that are part of the natural environment (i.e. grass, insects),

compost that is kept in accordance with all applicable by-laws, statutes or regulations,

food grown for human consumption on private property and not removed from that private property by any Person,

food grown for human consumption in a community garden or similar area in a Park whereby the community garden or similar area is kept in accordance with all applicable by-laws, statutes or regulations, and

landscaping materials used for landscaping purposes.

(4) Designated wild bird feeding stations at Ojibway Park as Posted are exempt from this section of the by-law.

4.12 Encroachment

Unless authorized by the Municipality (by Permit or otherwise), no Person shall encroach upon any Park by any means whatsoever, including but not limited to, the construction, installation or maintenance of any fence or structure, the dumping or storage of any materials or plantings, or the planting, cultivating, grooming or landscaping thereon.

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4.13 Environmentally Significant Areas (ESA) - Prohibitions

The following special prohibitions shall apply to all Persons entering into and using a Park which is an Environmentally Significant Area:

(1) No Person shall cut or remove any plant, aquatic vegetation, wood, turf, grass, soil, rock, sand or gravel unless Permitted;

(2) No Person shall carry out any scientific investigation or study unless Permitted;

(3) No Person shall cause or permit any animal under their Control to enter into or foul any of the waters of a Park including any pond, stream or river;

(4) No Person shall swim in, bathe in, or pollute in any way the waters of any pond, stream or river;

(5) No Person shall camp, set up a tent, park a trailer or hold a picnic, except in a Designated Area;

(6) No Person shall deposit, dump or leave waste and/or refuse of any kind;

(7) No Person shall operate a Motorized Vehicle, Bicycle, E-Bike or Wheeled Conveyance within the boundaries of an ESA unless signs are Posted specifically allowing such activity;

(8) No Person shall ride, lead or drive any animal within the boundaries of an ESA, except for a dog which must be on a leash in accordance with the requirements of all municipal bylaws;

(9) No Person shall start or maintain a fire in an ESA for any purpose without Permission.

SECTION 5 – PARK USE

5.1 Campfires and Barbeques

While in a Park, no Person shall:

(1) Light, build, or stoke a fire or bonfire unless authorized by Permit or in a Designated Area;

(2) Use a portable barbeque unless it is authorized by Permit or in a Designated Area and the following criteria are met:

(a) Charcoal, briquettes or propane tanks must be no larger than 16 ounces, and

(b) All debris must be removed from the Park;

(3) Use fuel other than charcoal or briquettes in a barbeque provided by the Municipality;

(4) Leave a fire unattended or leave the site of the fire before the fire is completely extinguished.

5.2 Organized Gatherings and Picnics

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While in a Park, no Person shall: (1) Hold a picnic, Organized Activity or other event for more than twenty-five Persons without Permission;

(2) Interfere with a picnic, Organized Activity or other event which is authorized by Permit.

5.3 Amplifiers and Loud Speakers

(1) Unless authorized by Permit, no Person shall operate loud speakers or sound amplification equipment while in a Park;

(2) While in a Park no Person shall operate, or use, any radio, tape player, compact disc player, car radio, or any other sound reproducing system in a manner which disturbs or interferes with other Persons in or near the Park.

5.4 Camping and Lodging

Unless authorized by Permit, no Person shall dwell, camp, or lodge in a Park.

5.5 Tents and Structures

Unless authorized by Permit, no Person shall place, install, erect or park any temporary or permanent tent, shelter, structure, or trailer in any Park.

5.6 Swimming

All persons swimming in a Park shall comply with the Posted rules. No Person shall in any Park:

(1) Enter any public swimming pool, except at times designated for swimming;

(2) Enter any public swimming pool while infected with a communicable disease or with open sores on their body;

(3) In or adjacent to any swimming pool, or other designated swimming area, fail to abide by Posted signs or to obey the instructions of any lifeguard or employee of the Corporation, falsely call for help or assistance, stand, sit or climb on a lifeguard station except in an emergency situation;

(4) Dive into the water except in a Designated Area;

(5) Swim, bathe, or wade in any fountain, pond, lake or stream, except in a Designated Area;

(6) Take any inflatable device, swimming assist, snorkel, or other underwater breathing device into the water, other than a Canadian Standards Association (CSA) or Transport Canada approved personal flotation device, unless Posted or provided to the Person by the Corporation;

(7) Swim, bathe or wade without being properly attired in Swim Attire;

(8) Include as part of their Swim Attire: underwear, lingerie, clothing that has been cut off including jean shorts, jeans or sweatpants, attire with exposed metal zippers and/or rivets or clothing with offensive language and/or messaging. Persons who are not in

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control of their bladder and bowels are required to wear reusable or disposable swim diapers or pants designed specifically for aquatic environments. Standard cloth or disposable diapers are not permitted.

(9) Enter any public swimming pool without wearing an incontinence product that keeps fecal matter contained within the product if the Person is not in control of their bladder or bowels.

SECTION 6 – GAMES SPORTS AND ORGANIZED ACTIVITIES

6.1 Organized Sports or Activities

(1) While in a Park, no Person shall:

a. Arrange or engage in an Organized Activity, except in a Designated Area such as a Sports Court or Sports Field;

b. Interfere with an Organized Activity occurring within a Designated Area;

c. Utilize a Designated Area without a Permit where same is Posted to prohibit or restrict such use; or

d. Utilize a Designated Area under unsafe field conditions including the ponding of water or the presence of lightning.

6.2 Golfing and Archery

While in a Park, no Person shall strike a golf ball or unleash an arrow, except in a Designated Area or by Permit.

6.3 Model Aircraft And Rockets

While in a Park, no Person shall operate powered models of aircraft, rockets, Watercraft, Motorized Vehicles, drones (whether model or otherwise, recreational or non-recreational), unmanned aerial vehicles, or other similar machines unless authorized by Permit, in a Designated Area or Posted Area. Permits shall only be issued at the discretion of the Executive Director.

Permits to operate such vehicles shall only be issued where the applicant can demonstrate compliance with all applicable federal and provincial legislation.

6.4 Skating, Skiing, Tobogganing and Sledding

No Person shall skate, ski, toboggan, snowboard, skibob or sled in any area in any Park except in Designated Areas where such activity is permitted or with Permission; and shall in such circumstances comply with any Posted Rules as applicable.

6.5 Roller Skates, Roller Blades and Skateboards

While in a Park, no Person shall:

(1) Operate or utilize Wheeled Conveyances where Posted to prohibit or otherwise restrict the use of the same;

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(2) Obstruct, inconvenience or endanger other users of the Park while operating, or utilizing Wheeled Conveyances;

(3) Use a skateboard except in Designated Areas.

6.6 Tennis

No Person shall enter, walk, or play in a Designated Area for tennis in any Park except in accordance with the Posted rules and regulations.

6.7 Kites

No Person shall in any Park:

(1) Fly a kite with a string or other type of tethering material made of Hazardous Materials;

(2) Fly a kite within 25 metres of any tree, building, light pole or hydro or other utility pole;

(3) Fly a kite in or over Park Roadways;

(4) Fly a kite for the purpose of competitive flying unless authorized by Permit;

(5) Fly a kite where Posted to prohibit kite flying;

(6) Leave in the Park any part of the kite, including the string or other type of tethering material, except in a waste disposal container.

SECTION 7 – VEHICLES 7.1 General Use

(1) Unless otherwise authorized pursuant to this Bylaw, no Person in a Park shall use, drive, operate, pull, or ride:

a. A Bicycle except on a Multi – Use Trail, Park Roadway or in a Designated Area;

b. Any Wheeled Conveyance except on a Multi – Use Trail, or in a Designated Area;

c. An E-Bike except on a Park Roadway or by Permit;

d. A Motorized Vehicle except on a Park Roadway or by Permit.

(2) It shall not be an offence to use or ride any Wheeled Conveyance to cross a Park Roadway where a Multi – Use Trail crosses that Park Roadway;

(3) No Person shall ride a Bicycle, E-bike, use a Wheeled Conveyance or Motorized Vehicle on a Park Roadway or Multi – Use Trail which is closed, or where such use is prohibited;

(4) Unless otherwise Posted no Person shall operate a Bicycle, E-bike, Wheeled Conveyance, or Motorized Vehicle in a Park at a speed greater than twenty (20) kilometres per hour;

7.2 Bicycles

While in any Park, no Person shall: Consolidated City Council Agenda - December 16, 2019 Page 198 of 240

(1) Ride, operate, or be in the possession of any Bicycle where Posted to prohibit same;

(2) Obstruct, inconvenience or endanger other users of the Park while riding or operating a Bicycle.

7.3 Trucks and Commercial Motor Vehicles

No Person shall drive, operate, pull or ride in any Park without a Permit:

(1) Heavy machinery or equipment of any description and whatever the mode of power;

(2) Any truck, trailer, or bus whatsoever except a Motorized Vehicle that is being used for the purpose of making a delivery to a point within the limits of a Park while it is proceeding to or from such a point of delivery.

SECTION 8 - MULTI - USE TRAILS

8.1 Multi – Use Trail Rules

(1) When entering onto a Multi – Use Trail from other than a Park Roadway, all Persons shall yield the right of way to users already on the Multi – Use Trail;

(2) When approaching an uncontrolled intersection of a Multi – Use Trail, or between a Park Roadway and Multi – Use Trail, a Person shall:

a. When on a Multi – Use Trail, yield the right of way to users on a Park Roadway;

b. When on a Multi – Use Trail, approaching an uncontrolled intersection with another Multi – Use Trail, yield the right of way to the user on the right;

(3) A Person using a Multi – Use Trail shall:

a. Exercise due care and attention to avoid colliding with any other user;

b. Exercise reasonable consideration for any other user;

c. Give an audible signal by voice, bell or other signalling device before overtaking another user;

d. Ensure they are visible to other users;

(4) No Person using a Multi – Use Trail shall travel left of the Centre Line of a Multi – Use Trail except:

a. When overtaking another Person travelling in the same direction;

b. When the Multi – Use Trail to the right of the Centre Line is obstructed;

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c. When the Multi – Use Trail to the right of the Centre Line is closed to Multi – Use Trail users;

d. When turning left off the Multi – Use Trail;

(5) No Person using a Multi – Use Trail shall pass or attempt to pass another Person travelling in the same direction when:

a. It is unsafe to do so;

b. On a curve in the Multi – Use Trail, or when that Person’s vision is otherwise obstructed;

c. Multi – Use Trail lanes are separated by double solid lines;

d. Passing beneath a bridge or through a tunnel of any kind;

(6) No Person overtaking another Person on a Multi – Use Trail shall return to the right-side of the Centre Line of a Multi – Use Trail until it is safe to do so;

(7) No Person shall operate a Bicycle or Wheeled Conveyance on a Multi – Use Trail in a manner that is unsafe;

(8) No Person using a Multi – Use Trail shall use poles or other hand held aids while using a Bicycle or Wheeled Conveyance;

(9) No Person riding a Bicycle or Wheeled Conveyance on a Multi – Use Trail shall use the Bicycle or Wheeled Conveyance to carry more Persons than the number for which it is designed and equipped;

(10) No Person operating or riding as a passenger on a Bicycle or Wheeled Conveyance on a Park Roadway or Multi – Use Trail shall hold onto or be attached to any other Bicycle, E-bike, Wheeled Conveyance or Motorized Vehicle unless that Person is riding in a child or animal trailer designed for such use.

(11) No Person using a Multi – Use Trail shall travel at a rate of speed that is unreasonable having regard to all the circumstances, but in any case no faster than 20 kilometres per hour, including but not limited to:

a. The nature, condition and use of the Multi – Use Trail;

a. Any conditions, including weather, that may affect visibility;

b. The volume and type of traffic on the Multi – Use Trail regardless of whether that Person is travelling at the applicable speed limit.

8.2 Required Equipment

A Bicycle operated on a Multi – Use Trail shall be equipped with:

(1) At least one (1) working brake;

(2) A horn, bell or other signalling device; (3) If operated during the period beginning one half hour (30 minutes) after sunset and ending one half hour (30 minutes) before sunrise:

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a. At least one (1) functioning headlamp with a lens and bulb which are clear in colour;

b. At least one (1) functioning red tail lamp which is capable of emitting a flashing or steady mode; and

c. At least one (1) red reflector mounted at the rear.

8.3 Lights Required by Multi – Use Trail Users

(1) No Person shall operate a Bicycle or Wheeled Conveyance on a Multi – Use Trail during the period commencing one half hour (30 minutes) after sunset and ending one half (30 minutes) hour before sunrise unless:

a. In the case of a Bicycle, the headlamp, tail-lamp and reflector required pursuant to Section 8.2 are activated;

b. In the case of a Person operating a Wheeled Conveyance, a device or devices which emit either a clear or red light, in either a flashing or steady mode, is affixed to the Person’s body or clothing.

SECTION 9 – PARK ROADWAYS

9.1 General

(1) The Council, or where such authority has been delegated to the Executive Director or a Committee established by Council, is authorized to establish appropriate rules to regulate the use of Park Roadways;

(2) No Person shall operate a Motorized Vehicle, E-Bike, Bicycle or Wheeled Conveyance on a Park Roadway in a manner that is unsafe to that Person or other people in the Park;

(3) No Person operating a Motorized Vehicle, E-Bike, Bicycle or Wheeled Conveyance on a Park Roadway shall use the Motorized Vehicle, E-Bike, Bicycle or Wheeled Conveyance to carry more Persons than the number for which it is designed and equipped.

9.2 Parking

No Person shall, in any Park:

(1) Park or leave a Motorized Vehicle, E-Bike, Bicycle, or Wheeled Conveyance except in a Designated Area for parking or where authorized by Permit;

(2) Park or leave a Motorized Vehicle, E-Bike, Bicycle, or Wheeled Conveyance between the hours of 11:01 p.m. and 4:59 a.m., except in a Designated Area allowing for such overnight parking, or where authorized by Permit;

(3) Stop or park a Motorized Vehicle, E-Bike, Bicycle, or Wheeled Conveyance in an accessible parking space, designated for people with disabilities, unless an accessible parking permit issued in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c. H-8, as may be amended from time to time, is properly displayed on or in the Motorized Vehicle;

Consolidated City Council Agenda - December 16, 2019 Page 201 of 240

(4) Use any parking space except while using the Park, unless authorized by Permit;

(5) Park in a designated fire route.

9.3 Other Activities

No Person shall make use of any Park Roadway in any Park for:

(1) Washing, cleaning, servicing, maintaining or, except in the event of an emergency, the repair of any Motorized Vehicle;

(2) Instructing, teaching, or coaching any Person in the driving or operation of a Motorized Vehicle unless authorized by Permit; and

(3) Playing of any games or sports or otherwise engaging in an Organized Activity or activity that is not pre-planned, unless authorized by Permit;

SECTION 10 – ANIMALS

10.1 Responsibility to Observe Registration, Licensing and Control of Dogs By-law 245-2004

(1) The Registration, Licensing and Control of Dogs By-law 245-2004, is a By-law for the registration and licensing of dogs and for the Control of dogs generally within the City of Windsor;

(2) Any Person as owner or Person having Control of a dog within a Park shall comply with By-law 245-2004, as updated and amended from time to time;

(3) The provisions of this By-law shall not supersede those of By-law 245-2004.

10.2 Animals in Parks

Unless authorized by Permit, no Person shall bring any animal into any Park except a domesticated animal which includes but is not limited to a dog or a cat, but domesticated animal does not include a horse or pony.

10.3 Leash Free Zones

(1) Council may establish areas within any Park as Leash Free Zones.

(2) While in a Park, no Person as owner or Person having Control of any dog or cat or other domesticated animal shall:

a. Allow it to run at large, except in a Leash Free Zone;

b. Excluding Persons reliant upon a Service Animal, permit any dog, or cat, or other domesticated animal to enter any beach, pond, swimming area, garden, landscaped area, playground, Sports Field, Sports Court, or any other area Posted to prohibit same, or disturb any wildlife or damage any Park resources;

(3) While in a Park, every Person as owner or Person having Control of any dog, or cat or other domesticated animal shall: a. Ensure that it is on a leash or chain not exceeding 4.92 feet (1.5 metres) in length when not running at large in a Leash Free Zone; Consolidated City Council Agenda - December 16, 2019 Page 202 of 240

b. Pick-up and remove forthwith, excrement left by a dog, or cat, or other domesticated animal and dispose of it in a sanitary manner in a receptacle for litter or in some suitable container;

c. The provisions of subsection (3)(b) do not apply to a Person who has Control of a Service Animal where it is being used to aid a Person with a visual, hearing, or other impediment;

(4) While a dog or cat or other domesticated animal is in an area designated as a Leash Free Zone, every Person as owner or Person having Control of a dog, cat or other domesticated animal shall:

a. Carry with him/her a leash;

b. Immediately remove a dog, or cat or other domesticated animal that shows aggressiveness toward people or other dogs, or cats, or other domesticated animals or at the direction of a police officer, provincial offences officer, municipal law enforcement officer or employee of the Municipality designated by the Executive Director to administer this By-law;

c. Ensure that the dog, cat, or other domesticated animal does not leave the Designated Area while off his/her leash;

d. Ensure that the dog, cat or other domesticated animal while in the Designated Area is under voice command and within visual sight at all times.

d. Pick-up and remove forthwith, excrement left by a dog, or cat, or other domesticated animal and dispose of it in a sanitary manner in a receptacle for litter or in some suitable container.

10.4 Dangerous / Threatening Animals Prohibited

No Person as owner or Person having Control of a dog or cat or other domesticated animal shall bring in or permit such dog or cat or other domesticated animal to enter or remain in any Park if:

(1) The dog or cat or other domesticated animal may or does constitute a danger to other Park users;

(2) The dog or cat or other domesticated animal is reasonably likely to frighten other Park users;

(3) The owner and/or the Person having Control of the dog or cat or other domesticated animal has previously been advised by a police officer, provincial offences officer, municipal law enforcement officer or employee of the Municipality designated by the Executive Director to administer this By-law not to bring the dog, or cat or other domesticated animal into a Park;

(4) The owner and/or the Person having Control of the dog or cat or other domesticated animal has been convicted of an offence related to the conduct of the dog, or cat, or other domesticated animal under the Dog Owners Liability Act, R.S.O. 1990, c.D-16, or this By-law or any other municipal By-law.

Consolidated City Council Agenda - December 16, 2019 Page 203 of 240

10.5 Abandonment

No Person as owner, or Person having Control of a dog or cat or other domesticated animal, shall abandon or permit to be abandoned such dog or cat or other domesticated animal in any Park.

SECTION 11 – WATERCRAFT

11.1 Boating

No Person shall place, operate, drive or ride any Watercraft in any Park in violation of Posted rules or restrictions regarding the type and allowable uses of Watercraft.

11.2 Mooring/Launching

(1) Unless authorized by Permit, no Person shall, subject to any right at law to do so, moor Watercraft in any Park:

a. Except in a Designated Area;

b. Contrary to Posted restrictions or prohibitions;

c. in any way that may or does endanger or inconvenience other users of the Park, other Watercraft or the use of other Watercraft;

(2) No Person shall launch any Watercraft from any Park into any lake, or river without prior payment of the fee established by By-law and any launch shall be in a Designated Area;

(3) Notwithstanding anything in this section, Watercraft are only allowed to launch from Lakeview Marina, Stop 26 Park, Sherfield Shores, McKee Park, or in any other location designated by the Executive Director and Posted as such.

(4) Unless permitted by this section, Watercraft must be, at all times, at least 30 metres from the shoreline of any Park or swimming area.

SECTION 12 COMMERCIAL ENTERPRISES 12.1 Sale of Merchandise, Trade or Business

(1) Unless authorized by Permit, no Person shall, while in a Park, sell or offer or display for sale:

a. Any food, drink or refreshment;

b. Any goods, wares, merchandise, or articles including promotional material souvenirs and novelties;

c. Any flowers, fruits or vegetables; or

d. Any art, skill, service, or work.

(2) Unless authorized by Permit, no Person shall, while in a Park, practise, carry on, conduct or solicit for any trade, occupation, business, profession or charity.

12.2 Filming and Videotaping

Consolidated City Council Agenda - December 16, 2019 Page 204 of 240

While in a Park, no Person shall take or permit to be taken for remuneration, any film, photograph, videotape, or television broadcast unless;

(1) Authorized by Permit; or

(2) Otherwise Posted.

12.3 Circulars and Advertisements

(1) Unless authorized by Permit, no Person shall:

a. While in any Park, distribute, discard, or display any handbill, notice or other circular, bill or advertisement;

b. Post, nail, attach, stencil, or otherwise fasten or erect any poster, sign, notice, placard, or other circular, bill, advertisement or paper to any Park property unless in compliance with The Windsor Sign By-law #250-2004, and all other By-laws of the Municipality.

SECTION 13 – HOURS

13.1 Except for Park Roadways specifically designated as metered, and Lakeview Marina Park, all Parks shall close at 11:00 p.m., local time, and shall remain closed until 5:00 a.m. local time the following morning unless otherwise Posted;

13.2 No Person shall be or remain in a Park after the closing hour or before the opening hour unless authorized by Permit.

SECTION 14 – REGULATION AND ENFORCEMENT 14.1 Permits and Licences

(1) Permits issued for activities contemplated in this By-law may be subject to such fees as Council shall, from time to time, establish by By-law;

(2) Permits issued for activities contemplated by this By-law may include, but are not limited to, conditions as to time, location, area, equipment, number of participants, type of activities, release, indemnity, and insurance coverage;

(3) The issuance of a Permit pursuant to this By-law shall not relieve any Person from the necessity of acquiring any other license or Permit required for such activity by any governmental or public authority;

(4) The authority to issue Permits referred to in this By-law is delegated to the Executive Director or his/her delegate.

14.2 Posting of Signage

The Executive Director is authorized to Post signage of Permission, regulation, restriction, warning, or prohibition with respect to uses of or activities in any Park in accordance with the provisions hereof.

Consolidated City Council Agenda - December 16, 2019 Page 205 of 240

14.3 Temporary Closure

The Executive Director is authorized to close off, for such temporary period as the Executive Director deems appropriate, any Park or parts thereof to relieve or prevent overcrowding or traffic congestion or in the interests of public safety, or as may be authorized by Council.

14.4 Enforcement

(1) Any police officer, auxiliary police officer, provincial offences officer, municipal law enforcement officer or employee of the Municipality designated by the Executive Director to administer this By-law is authorized to inform any Person of the provisions of this By-law and to request compliance therewith;

(2) Any police officer, auxiliary police officer, provincial offences officer, municipal law enforcement officer or employee of the Municipality designated by the Executive Director to administer this By-law is authorized to direct any Person believed by such officer or employee to be contravening or to have contravened any provision of this By-law:

a. To stop the activity constituting or contributing to such contravention;

b. To remove from the Park any animal or thing owned by or in the Control of such Person which the officer or employee believes is or was involved in such contravention; and/or

c. To leave the Park;

(3) Any police officer, provincial offences officer, municipal law enforcement officer, or employee of the Municipality designated by the Executive Director to administer this By-law may enforce the provisions of this By-law;

(4) Where any Person (i) has been issued a Permit or license, or (ii) is in a group to which a Permit or licence has been issued:

a. Contravenes this By-law; b. Contravenes the conditions of the Permit or license; or c. Fails to comply with direction pursuant to s. 14.4(2);

The Park Permit and/or licence of such Person or group shall be deemed to be immediately revoked.

14.5 Penalties

Any Person contravening any provision of this By-law is guilty of an offence and on conviction is liable to such penalty as is provided for under the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended from time to time. 14.6 Severability

If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the By-law. The impugned section or part of a section shall be severed and it is hereby declared that the remainder of the By-law shall be valid and shall remain in full force and effect.

Consolidated City Council Agenda - December 16, 2019 Page 206 of 240

14.7 Interpretation

Any reference in this by-law to all or any part of any manual, statute, regulation, by-law or Council resolution, unless otherwise stated, is a reference to that manual, statute, regulation, by-law, Council resolution, or the relevant part thereof, as amended, substituted, replaced or re-enacted from time to time.

14.8 Repeal and Transition

(1) By-law 200-2002, as amended, shall be repealed upon this By-law coming into force and effect;

(2) Notwithstanding subsection (1), all Permits heretofore issued pursuant to By-law 200-2002, as amended, shall, during the period for which the same have been issued remain in full force and effect unless a permit is terminated, suspended, forfeited or revoked; and in such case the provisions of this By-law shall apply to all such Permits;

(3) Any penalty incurred, any investigation, legal proceeding or remedy issued or commenced under By-law 200-2002, as amended, while it was still in effect, may be continued or enforced as if the said By- law 200-2002, as amended, had not been repealed;

(4) Any sign Posted by the Municipality in a Park, referencing By-law 200-2002 shall be deemed to be a reference to this By-law.

14.9 Effective Date

This By-law shall come into force and take effect upon the day following the final passing thereof by Council.

DREW DILKENS, MAYOR

CITY CLERK

First Reading - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019

Consolidated City Council Agenda - December 16, 2019 Page 207 of 240

Item No. 13.2

BY-LAW NUMBER 135-2019

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

Passed the 16th day of December, 2019.

WHEREAS 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, was passed on the 8th day of June, 1987.

AND WHEREAS it is deemed expedient to amend By-law Number 9023.

THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:

AMENDMENTS TO PARKING BY-LAW 9023

ITEM REGULATION SIDE STREET FROM TO A point Schedule 72 “P” metres Personal East Gladstone A point 78 metres north of 1 north of Accessibl side Avenue Tecumseh Road East Tecumse e Parking h Road DELETE East A point Schedule 72 “P” East metres Personal Gladstone A point 84 metres north of 2 side north of Accessibl Avenue Tecumseh Road East Tecumse e Parking ADD h Road East

ADDITIONAL ITEM REGULATION SIDE STREET FROM TO RESTRICTIONS A point No Parking A point Schedule 121 during the 127 “P” metres months of April, metres Personal East Marentette south of June, August, 3 south of Accessible side Avenue Erie October Erie Parking Street Effective 9am Street ADD West on the first day West of each month

Consolidated City Council Agenda - December 16, 2019 Page 208 of 240

No Parking during the A point months of A point Schedule 123 January, 129 “P” metres February, March, metres Personal West Marentette south of May July, 4 south of Accessible side Avenue Erie September, Erie Parking Street November, Street ADD West December West Effective 9am on the first day of each month No Parking during the months of Schedule A point A point January, “P” 12 18 February, March, Personal North Erie Street metres metres May July, 5 Accessible side West west of west of September, Parking Dougall Dougall November, ADD Avenue Avenue December Effective 9am on the first day of each month No Parking Schedule A point A point during the “P” 17 23 months of April, Personal South Erie Street metres metres June, August, 6 Accessible side West west of west of October Parking Dougall Dougall Effective 9am ADD Avenue Avenue on the first day of each month

ITEM REGULATION SIDE STREET FROM TO From a point 172 Schedule metres “C” No West Chrysler To a point 178 metres south 7 south of Parking side Centre of Tecumseh Road East ADD Tecumse h Road East From a point 216 Schedule metres “C” No West Chrysler To a point 222 metres south 8 south of Parking side Centre of Tecumseh Road East Tecumse ADD h Road East From a point 287 Schedule metres “C” No West Chrysler To a point 293 metres south 9 south of Parking side Centre of Tecumseh Road East Tecumse ADD h Road East

Consolidated City Council Agenda - December 16, 2019 Page 209 of 240

From a point 304 Schedule metres “C” No West Chrysler To a point 310 metres south 10 south of Parking side Centre of Tecumseh Road West ADD Tecumse h Road East From a Schedule point 341 “C” metres West Chrysler To a point 347 metres south 11 No south of side Centre of Tecumseh Road east Parking Tecumse ADD h Road East From a Schedule point 378 “C” metres West Chrysler To a point 384 metres south 12 No south of side Centre of Tecumseh Road East Parking Tecumse ADD h Road East From a Schedule point 512 “C” metres West Chrysler To a point 518 metres south 13 No south of side Centre of Tecumseh Road East Parking Tecumse ADD h Road East From a Schedule point 537 “C” metres West Chrysler To a point 543 metres south 14 No south of side Centre of Tecumseh Road East Parking Tecumse ADD h Road East From a Schedule point 725 “C” metres West Chrysler To a point 731 metres south 15 No south of side Centre of Tecumseh Road East Parking Tecumse ADD h Road East From a Schedule point 776 “C” meters West Chrysler To a point 782 metres south 16 No south of side Centre of Tecumseh Road East Parking Tecumse ADD h Road East A point Schedule 55 “C” East Goyeau metres A point 45 metres south of 17 No side Street north of Erie Street East Parking DELETE Erie St East

Consolidated City Council Agenda - December 16, 2019 Page 210 of 240

A point Schedule 264 “C” metres East Goyeau A point 76 metres north of 18 No south of side Street Erie Street East Parking Erie ADD Street East

ADDTIONAL ITEM REGULATION SECTION STREET FROM TO RESTRICTIONS

The Alley Schedule next “A” Erie 2 hour limit – 8:00 Goyeau East north 19 Limited Street AM to 6:00 PM- Street side thereof Parking East Holidays Excepted DELETE Erie Street East

A point A point Schedule 76 172 “A” metres metres 2 hour limit – 8:00 Limited Goyeau East 20 north of north of AM to 6:00 PM- Parking Street side ADD Erie Erie Holidays Excepted Street Street

East East

Schedule Grand 8:00 PM to 2:00 “C” Northway West Marais Eglingto 21 AM- Friday and No Parking Avenue side Road n Street Saturday DELETE West

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 - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019 Consolidated City Council Agenda - December 16, 2019 Page 211 of 240 Item No. 13.3

BY-LAW NUMBER 136-2019

A BY-LAW TO ADOPT AMENDMENT NO. 123 TO THE OFFICIAL PLAN OF THE CITY OF WINDSOR

Passed the 16th day of December, 2019.

WHEREAS pursuant to the provisions of Section 17(1) of the Planning Act, R.S.O. 1990, c. P.13 as amended, the Minister of Municipal Affairs and Housing (Minister) is the approval authority in respect of the approval of a plan as an official plan.

AND WHEREAS Section 17(9) of the said Planning Act provides that the Minister may by order exempt a proposed official plan amendment from his approval under Section 17(1) of the said Act.

AND WHEREAS pursuant to the provisions of Ontario Regulation 525/97 all amendments to the official plan of the City of Windsor commenced after January 19, 1998 are exempt from the approval of the said Minister.

THEREFORE the Council of The Corporation of the City of Windsor in accordance with the provisions of the said Planning Act hereby enacts as follows:

1. That Amendment No. 123 to the Official Plan of the City of Windsor, attached hereto, is hereby adopted.

DREW DILKENS, MAYOR

CITY CLERK

First Reading - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019

Consolidated City Council Agenda - December 16, 2019 Page 212 of 240

AMENDMENT NO. 123

TO THE

OFFICIAL PLAN

CITY OF WINDSOR

Part D (Details of the Amendment) of the following text, and attached map of the City of Windsor Official Plan constitute Amendment No. 123.

Also included, but not constituting part of the Amendment, are explanations of Purpose, Location, Background and Implementation of the Amendment, Appendix 1 (Results of Public Involvement).

Page 1 of 13 Consolidated City Council Agenda - December 16, 2019 Page 213 of 240 A. PURPOSE:

The purpose of this amendment is to allow a Mixed-Use Development that will include a plan of subdivision to create:  commercial uses in 2 separate locations, o A potential hotel and restaurant at the intersection McHugh Street and Darfield Road, and o General commercial uses on Lauzon Road, immediately north of the Via Rail tracks.  22 Single detached Residential Dwellings  18 Blocks for future single detached, semi-detached or townhome dwellings  1 block for multiple unit dwellings adjacent to Lauzon Road (currently 3 structures anticipated)  2 blocks for multiple unit dwellings Adjacent to McHugh Street at Darfield Road  2 blocks for Storm water management and related facilities;

And to recognise the existing Institutional land use at 8787 McHugh Street (WFCU Centre).

B. LOCATION:

The amendment applies to the land generally described 1600 Lauzon Road - Part of Lots 128,129E, 129W , 132, 133 Concession 1 (McNiff’s) east of Lauzon Road, south of McHugh Street and north of the Via Rail corridor, situated at the southeast corner of Lauzon Road and McHugh Street.

Ward: 6 Planning District: Riverside ZDM: 14

C. BACKGROUND:

The subject lands are designated “Industrial” in the City of Windsor Official Plan. That designation does not permit the proposed uses; therefore, the Official Plan Amendment is required. The proposed changes to the Official Plan are as follows:

 From “Industrial” to “Commercial Corridor” (Block 24, on SDN 002/19-1 and Part 2, 12R-27318),

 From “Industrial” to “Residential” (Lots 1-22 and Blocks 1-23) ;

 From “Industrial” to “Institutional”

o Parts 1, 7, 8, 9, 10, 11, and 12 12R-27318 (City acquired lands)

o Parts 2, 3 and 4, 12R-22910 (WFCU Centre lands)

The Official Plan encourages compact residential form for new developments and the efficient use of existing land pattern, as well as promoting cost-effective development

Page 2 of 13 Consolidated City Council Agenda - December 16, 2019 Page 214 of 240 patterns and standards to minimize land consumption and servicing costs. Additionally the redevelopment of brownfield lands and returning them to productive use is encouraged by the City of Windsor Official Plan. As such, the proposed development is consistent with the Official Plan.

Employment Lands:

When lands are to be removed from Industrial or Business Park (Employment Lands) designations, the Planning Act requires that an Employment Lands Review be undertaken. The applicant has completed an Employment Lands Review, which indicates that removing the lands subject to the development proposal will not have a negative impact on the future availability of Employment lands in the City of Windsor.

WFCU Centre Official Plan Designation and By-law 8600 category:

The WFCU Centre currently retains the original Industrial Official Plan designation that was in place when the site was used as an Industrial facility. While Municipal Uses are not required to comply with the Official Plan designation, continuing to miss-identify this large municipal use as lands that may be used for industrial purposes may be misleading to users of the Official Plan. The Planning Department recommends that a housekeeping amendment take place to designate the WFCU Centre lands Institutional.

Page 3 of 13 Consolidated City Council Agenda - December 16, 2019 Page 215 of 240 D. DETAILS OF THE AMENDMENT:

1) THAT the City of Windsor Official Plan BE AMENDED changing the land use designation of Part of Lots 128,129E, 129W, and 132 Concession 1 (McNiff’s) known municipally as 1600 Lauzon Road as follows:

i. Block 24 on the proposed Land Use Plan from “Industrial” to “Commercial Corridor”;

ii. Part 2 on Reference Plan 12R-27318 from “Industrial” to “Commercial Corridor”;

iii. Lots 1 to 22 and Blocks 1 to 23 (all inclusive) from “Industrial” to “Residential”;

iv. Parts 1, 7, 8, 9, 10, 11, and 12, on Reference Plan 12R-27318 from “Industrial” to “Institutional”.

2) THAT City of Windsor Official Plan BE AMENDED changing the land use designation of Part of Lots 129E, 132 and 133 Concession 1 (McNiff’s) known municipally as 8787 McHugh Street (WFCU Centre) as follows:

i. Parts 2, 3 and 4 on Reference Plan 12R-22910 save and except Part 1 12R- 27914 from “Industrial” to “Institutional”.

E. IMPLEMENTATION:

i. This amendment is to be implemented by an amendment to Zoning By-law 8600 as recommended in Report Number S 202/2019 (Z-005/19; ZNG/5772).

Page 4 of 13 Consolidated City Council Agenda - December 16, 2019 Page 216 of 240 Page 5 of 13 Consolidated City Council Agenda - December 16, 2019 Page 217 of 240

Page 6 of 13 Consolidated City Council Agenda - December 16, 2019 Page 218 of 240 APPENDIX 1

The following are the results of public notification of the amendments and the outcome of public meetings. Comments relate to the Official Plan amendment and the associated rezoning.

A meeting of the Development and Heritage Standing Committee, the statutory public meeting, was held on November 12, 2019. Below is an extract from the minutes of that meeting.

7.1 Z-004/19 [ZNG/5772] & OPA 123 [OPA/5773] – Farhi Holdings Corporation

1600 Lauzon Road– OPA, Rezoning and Subdivision - Ward 3

7.1. Development Application 1600 Lauzon Road OPA/5773 (OPA 123) ZNG/5772 (ZNG004/19) SDN/5774 SDN 002/19 - Farhi Holdings Corporation - Ward 6

Jim Abbs (author), Senior Planner presents application. Karl Tanner (agent), Dillion Consulting Limited is available for questions.

Member Gyemi asks what is being done to accommodate the increasing density. Mr. Tanner answers there are single detached dwellings and 7-multi unit residential buildings to increase the density. Member Moore asks if there will be a buffer on “Street B” for the units facing Lauzon Rd. Mr. Tanner states that will be taken up by Site Plan Control. Member Gyemi asks what would happen if Lauzon Road becomes un-signalized. Mr. Tanner states that the Traffic Study shows that it operates at a good level un-signalized. Member Rondot asks if this plan will include a playground parkland. Mr. Abbs answers there is no playground planned in this application and cash-in-lieu of parkland will be required.

Moved by: Councillor Holt Seconded by: Member Moore

Decision Number: DHSC 105 I THAT an amendment to the City of Windsor Official Plan BE APPROVED changing the land use designation of Part of Lots 128,129E, 129W, and 132 Concession 1 (McNiff’s) known municipally as 1600 Lauzon Road as follows:

v. Block 24 on the proposed Land Use Plan (as identified on Appendix “A”) from “Industrial” to “Commercial Corridor”; vi. Part 2 on Reference Plan 12R-27318 (as identified on Appendix ‘E’ from “Industrial” to “Commercial Corridor”; vii. Lots 1 to 22 and Blocks 1 to 23 (all inclusive) and as identified on Appendix “A” from “Industrial” to “Residential”;

Page 7 of 13 Consolidated City Council Agenda - December 16, 2019 Page 219 of 240 viii. Parts 1, 7, 8, 9, 10, 11, and 12, on Reference Plan 12R-27318 (as identified on Appendix “E”) from “Industrial” to “Institutional”.

II THAT an amendment to the City of Windsor Official Plan BE APPROVED changing the land use designation of Part of Lots 129E, 132 and 133 Concession 1 (McNiff’s) known municipally as 8787 McHugh Street (WFCU Centre) as follows:

ii. Parts 2, 3 and 4 on Reference Plan 12R-22910 save and except Part 1 12R- 27914 (as identified on Appendix “D”) from “Industrial” to “Institutional”.

III THAT an amendment to Zoning By-law 8600 BE APPROVED changing the zoning of Part of Lots 128,129E, 129W and 132 Concession 1 (McNiff’s) known municipally as 1600 Lauzon Road as follows:

i. Block 24 on the draft Plan of Subdivision (SDN 002/19-1) and Part 2 on Reference Plan 12R-27318 from Manufacturing MD1.2, HMD1.2 and MD2.1 and S20(1) 199 to Commercial CD2.2; ii. Lots 1-22 and Blocks 1-18 (all inclusive) on the draft Plan of Subdivision (SDN 002/19-1) from Manufacturing MD2.1 and S20(1) 199 to Residential RD1.1; iii. Blocks 19, 20 and 21 on the draft Plan of Subdivision (SDN 002/19-1) from Manufacturing MD1.2 and S20(1) 199 to Residential RD3.1; iv. Parts 1, 7, 8, 9, 10, 11, and 12, as identified on Reference Plan 12R-27318 (Appendix E), from Manufacturing MD2.1 and S20(1) 199 to Institutional ID1.1; v. Blocks 22 and 23 on the draft Plan of Subdivision (SDN 002/19-1) from Manufacturing MD2.1, HMD1.2 and S20(1)199 to Green District GD1.5 IV THAT an amendment to the Zoning By-law 8600 BE APPROVED changing the zoning of Part of Lots 129E, 132 and 133 Concession 1 (McNiff’s) known municipally as 8787 McHugh Street (WFCU Centre) as follows:

i. Parts 2, 3 and 4 on Reference Plan 12R-22910 save and except Part 1 12R-27914, (Appendix D) from Manufacturing MD1.2, HMD2.1 & S20(1)199 to Institutional ID1.1

V THAT the application of the Farhi Holdings Corporation for Draft Plan of Subdivision approval of Part of 128,129E, 129W, and 132 Concession 1 (McNiff’s), City of Windsor; BE APPROVED on the following basis:

A. That this approval applies to the draft plan of subdivision, as shown on the attached Drawing SDN002/19-1 (prepared July 16, 2019, with internal reference date of October 2019), which will facilitate the construction of single unit, multiple unit dwellings and commercial blocks.

B. That the Draft Plan Approval shall lapse on (3 years from the date of approval).

Page 8 of 13 Consolidated City Council Agenda - December 16, 2019 Page 220 of 240 C. That the Owner(s) shall submit for approval of the City Planner, final draft M- Plans, which shall include the names of all road allowances within the plan, as approved by the Corporation.

D. That the owner undertakes to provide the following matters prior to the registration of the final Plan of Subdivision:

a. The Owner will include all items as set out in the results of circularization and other relevant matters set out in CR 233/98 (Standard Subdivision Agreement).

b. The Owner will create, prior to the issuance of a building permit, the following rights-of-way, in accordance with the approved Plan of Subdivision:

20 m right-of-way for the extension of Darfield Road from the existing McHugh Street and Darfield Road intersection south to the new intersection at Street A; 20m right of way for the new Street “A”; 20m right of way for the new Streets “B”, “C”, “D” and “E”

c. The Owner will convey a 2.0m road widening along the entire south limit of the McHugh Street Right of Way, to the satisfaction of then City Engineer.

d. The Owner will provide the following corner cut-offs on the approved Plan of Subdivision:

6.1mx6.1m – Intersection of Darfield Road and McHugh Street, and, Intersection of Street A and Lauzon Road 4.5mx4.5m – Intersection of Street A and Darfield Road Intersection of Street C and Darfield Road Intersection of Street A and Street B Intersection of Street A and Street D Intersection of Street A and Street E Intersection of Street C and Street D Intersection of Street B and Street C

e. The Owner(s) shall comply with all the following requirements relating to sidewalks: Sidewalk shall be constructed:

On both sides of Street A On the East Side of new Darfield Road On the East Side of Street B On the East side of Street D On the South side of Street C On the East Side to Street E to the satisfaction of the City Engineer and the City Planner;

Page 9 of 13 Consolidated City Council Agenda - December 16, 2019 Page 221 of 240 f. The Owner agrees to complete a revised Transportation Impact Study that considers the following:

i. Revise the analysis to reflect the diversion of WFCU Centre traffic – including traffic to the proposed parking expansion – to Street ‘A’. ii. Identify implementable mitigation for the Lauzon Parkway / Tecumseh Road East intersection to address any issues caused by site traffic and WFCU Centre diversion traffic. iii. Identify appropriate intersection control and lane configurations for the Lauzon Road / Tecumseh Road East intersection. iv. Identify appropriate cost-sharing for any mitigation. All to the satisfaction of the City Engineer and the Chief Building Official g. The Owner agrees to complete a sight line analysis for the intersection of Street ‘A’ and Street ‘B’, and agrees to implement mitigation to the satisfaction of the City Planner and City Engineer. h. The Owner(s) shall provide a detailed servicing study report on the impact of the increased flow to the existing municipal sewer systems to the satisfaction of the City Engineer, prior to the issuance of a construction permit.

i. The study shall review the proposed impact and recommend solutions to addressing the problems and ultimate implementation of solutions should there be a negative impact to the system. ii The study shall be finalized to the satisfaction of the City Engineer. i. The Owner(s) will: i. Undertake an engineering analysis to identify stormwater quality and quantity measures as necessary to control any increases in flows in downstream watercourses, up to and including the 1:100 year design storm, to the satisfaction of the Municipality and the Essex Region Conservation Authority. ii. Install stormwater management measures identified above, as part of the development of the site, to the satisfaction of the City Engineer and the Essex Region Conservation Authority. iii. Obtain the necessary permit or clearance from the Essex Region Conservation Authority prior to undertaking site alterations and/or construction activities. j. The Owner will provide the following noise mitigation as described in the Dillon Consulting Noise Assessment for 1600 Lauzon Road dated July 2019 :

I. The owner will insert the following warning clause into all Agreements of purchase and sale, lease, and transfers/deeds of land for each lot,

Page 10 of 13 Consolidated City Council Agenda - December 16, 2019 Page 222 of 240 block or dwelling making prospective purchasers aware of the following: a) "This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." b) "Purchasers/tenants are advised that due to the proximity of the adjacent facility (WFCU), noise from the facility (WFCU) may at times be audible." c) "Purchasers/tenants are advised that sound levels due to the adjacent facility (WFCU) are required to comply with sound level limits that are protective of indoor areas and are based on the assumption that windows and exterior doors are closed. This dwelling unit has been supplied with a ventilation/air conditioning system which will allow windows and exterior doors to remain closed." d) "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." ii. The Owner will include provision for the installation of central air conditioning for all areas of the development and indicate the same in all building permit applications. iii. The Owner will provide upgraded windows on: a) the south and west facades of any dwelling unit constructed on Block 19, b) the south and west facade of any dwelling unit constructed on Lot 11, and Blocks 1,3,11,12 and 15 adjacent to Street A; and indicate the same on building permit application for these lands; k. The Owner(s) shall construct Street ‘A’ to the satisfaction of the City Engineer, to connect 8787 McHugh Street to Lauzon Road, prior to the issuance of any construction permits for the multiple dwelling buildings to be constructed on Block 21, identified as buildings B, C and D on the site plan proposed under SPC-024/19. l. It is agreed that the City is responsible for 100% of the costs associated with the design and construction of Street ‘A’. The Owner shall agree to include the procurement and construction of Street ‘A’ in their scope of work, with costs to be paid by the Corporation to the Owner being based on a cost- sharing and tender process satisfactory to the City Engineer. Timing of

Page 11 of 13 Consolidated City Council Agenda - December 16, 2019 Page 223 of 240 payment of such costs will be subject to the approval by the Corporation's City Council.

m. The Owner(s) shall agree to convey to the Corporation, 5% of the lands to be developed, for park purposes or equivalent cash-in-lieu of parkland as permitted in Section 51.1 of the Planning Act and in accordance with By-law 12780, as amended, or any successor by-law to the satisfaction of the Executive Director of Parks and the City Planner prior to the issuance of a construction permits.

n. The Owners shall agree to convey gratuitously to the Corporation Blocks 22 and 23 on the draft Plan of Subdivision (SDN 002/19-1) for the purposes of municipal infrastructure (Storm Water Management) to the satisfaction of the City Engineer and the City Planner prior to the issuance of a construction permits.

NOTES TO DRAFT APPROVAL (File: SDN-002/19) 1. The applicant is directed to Section 51(39) of The Planning Act 1990 regarding appeal of any imposed conditions to the Ontario Municipal Board. Appeals are to be directed to the City Clerk and Licence Commissioner of the City of Windsor.

2. It is the applicant's responsibility to fulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the City of Windsor, to the attention of the Executive Director/City Planner, quoting the above-noted file number.

3. The applicant should consult with an Ontario Land Surveyor for this proposed plan concerning registration requirements relative to the Certification of Titles Act.

4. The final plan approved by the Corporation of the City of Windsor must be registered within thirty (30) days or the Corporation may withdraw its approval under Section 51(59) of The Planning Act 1990.

5. All plans of subdivision/condominium are to be prepared and presented in metric units and certified by the Ontario Land Surveyor that the final plan is in conformity to the approved zoning requirements. VI THAT the City Clerk and Licence Commissioner BE AUTHORIZED to issue the required notice respecting approval of the draft plan of subdivision under Section 51(37) of The Planning Act; and,

VII THAT the deed restrictions BE REGISTERED on title at the time of registration of Deeds/Transfers of Land prepared by the Owner in conjunction with the sale of said lands; and,

Page 12 of 13 Consolidated City Council Agenda - December 16, 2019 Page 224 of 240 VIII THAT prior to the final approval by the Corporation of the City of Windsor, the Executive Director/City Planner shall BE ADVISED, in writing, by the appropriate agencies that conditions have been satisfied; and,

IX THAT the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign all necessary agreements and documents approved as to form and content satisfactory to the City Solicitor; and,

X THAT Part of Lots 128,129E, 129W and 132 Concession 1 (McNiff’s) known municipally as 1600 Lauzon Road, BE CLASSIFIED as a Class 4 area pursuant to Publication NPC-300 (Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning). Mr. Hunt notes that this application is scheduled to be considered by City Council on Monday, November 18, 2019. He announces to all persons in attendance that should they wish to appear as a delegation before City Council, they will need to contact the City Clerk before Friday, November 15 at 12:00 noon.

Carried.

Report Number: S 202/2019 Clerk’s File: ZP/13437

COUNCIL MEETING – November 18, 2019:

A meeting of City Council was held on Monday, November 18, 2019, at which time the application was considered and OPA #123 was adopted.

Page 13 of 13 Consolidated City Council Agenda - December 16, 2019 Page 225 of 240 Item No. 13.4

BY-LAW NUMBER 137-2019

A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW"

Passed the 16th day of December, 2019.

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 14 Part of Lots 128,129E, 123 MD1.2, CD2.2 129W and 132 Concession HMD1.2 1 (McNiff’s) known and municipally as 1600 Lauzon MD2.1 Road Block 24 on the draft and Plan of Subdivision (SDN S20(1) 002/19-1) and Part 2, 12R- 199 27318, as shown on Schedule “A” of this by-law.

2 14 Part of Lots 128,129E, 123 MD2.1 RD1.1 129W and 132 Concession and 1 (McNiff’s) known S20(1) municipally as 1600 Lauzon 199 Road. Lots 1-22 and Blocks 1-18 (all inclusive) on the draft Plan of Subdivision (SDN 002/19-1), as shown on Schedule “A” of this by- law.

3 14 Part of Lots 128,129E, 123 MD1.2 RD3.1 129W and 132 Concession and 1 (McNiff’s) known S20(1) municipally as 1600 Lauzon 199 Road. Blocks 19, 20 and 21 on the draft Plan of Subdivision (SDN 002/19- 1), as shown on Schedule “A” of this by-law.

Consolidated City Council Agenda - December 16, 2019 Page 226 of 240

4 14 Part of Lots 128,129E, 123 MD1.2 ID1.1 129W and 132 Concession and 1 (McNiff’s) known S20(1) municipally as 1600 Lauzon 199 Road. Parts 1, 7, 8, 9, 10, 11, and 12, 12R-27318, as shown on Schedule “A” of this by-law.

5 14 Part of Lots 128,129E, 123 MD2.1, GD1.5 129W and 132 Concession HMD1.2 1 (McNiff’s) known and municipally as 1600 Lauzon S20(1)19 Road. Blocks 22 and 23 on 9 the draft Plan of Subdivision (SDN 002/19-1), as shown on Schedule “A” of this by- law.

6 14 Part of Lots 129E, 132 and 123 MD2.1, ID1.1 133 Concession 1 HMD1.2 (McNiff’s) known and municipally as 8787 S20(1)19 McHugh Street (WFCU 9 Centre). Parts 2, 3 and 4, 12R-22910 save and except Part 1 12R-27914, as shown on Schedule “A” of this by-law.

DREW DILKENS, MAYOR

CITY CLERK

First Reading - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019

Consolidated City Council Agenda - December 16, 2019 Page 227 of 240 Item No. 13.5

BY-LAW NUMBER 138-2019

A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW"

Passed the 16th day of December, 2019.

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 District Maps or parts thereof of the said by-law and made part thereof, so that the zoning district symbol of the lands therein and hereinafter described shall be changed from that shown in Column 5 hereof to that shown in Column 6 hereof:

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 Lots 1 to 13 (inclusive) n/a HRD1.1 RD1.1 Plan 12M-655.

2. That Schedule ‘A’, attached hereto, is hereby declared to form part of this amending by-law.

DREW DILKENS, MAYOR

CITY CLERK

First Reading - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019

Consolidated City Council Agenda - December 16, 2019 Page 228 of 240

Lands Subject to H-Removal – HRD1.1 to RD1.1

THIS IS SCHEDULE “A” TO BY-LAW 138-2019

MAYOR ______CLERK ______

Consolidated City Council Agenda - December 16, 2019 Page 229 of 240 Item No. 13.6

BY-LAW NUMBER 139-2019

A BY-LAW TO FURTHER AMEND BY-LAW 188-2000, BEING A BY-LAW TO APPOINT PROVINCIAL OFFENCES OFFICERS FOR THE CORPORATION OF THE CITY OF WINDSOR

Passed the 16th day of December, 2019.

WHEREAS it is deemed expedient to further amend By-law Number 188- 2000 being a by-law to appoint provincial offences officers, to update the list of persons enforcing regulatory by-laws;

THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:

1. That Schedule “A” of By-law 188-2000 be deleted and the attached Schedule “A” be substituted therefore.

2. 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 - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019

Consolidated City Council Agenda - December 16, 2019 Page 230 of 240

SCHEDULE “A” TO BY-LAW NUMBER 188-2000

APPOINTED PROVINCIAL OFFENCES OFFICERS

Department Name Building John Revell Building Joe Baker Building Roberto Vani Building Dan Lunardi Building Marc Ronald Mantha Building Oliver Pozar Building James Dario Sovran Building Richard Edward Gruber Building James Arthur Holmes Building Dwayne Allan Kenney Building James Joseph Demars Building Mike Kenneth Arthur Building Bradley Dugal Building Amy Christine Goz Building Brian Jackson Building George Eberhardt Building Brandon Calleja Building Matthew McCulloch Building Michael Forte Building Nicola Gesuale Building Nicole Brush Building Christopher Jedlinski Building Jay McGuire Building Ian Sakal Fire Services Monique Anger Fire Services Malcolm Bondy Fire Services Carey Chase Fire Services Mike Coste Fire Services Andrea DeJong Fire Services Sean Fabel Fire Services Norbert Hirth Fire Services Karen Koski Fire Services Steve Laforet Fire Services John Lee Consolidated City Council Agenda - December 16, 2019 Page 231 of 240

Department Name Fire Services Dave O'Neil Fire Services Lissa Percy Fire Services Lynne Pretli Fire Services James Waffle Licensing & By-law Enforcement Dan Jenner Licensing & By-law Enforcement Don Balino Licensing & By-law Enforcement Mario Bonas Licensing & By-law Enforcement Rocco Iacobelli Licensing & By-law Enforcement Andrew Wong Licensing & By-law Enforcement Bart Pogorzelski Licensing & By-law Enforcement Michael Desjardins Licensing & By-law Enforcement Todd Hamilton Licensing & By-law Enforcement Willis Tetler Licensing & By-law Enforcement Rory Sturdy Licensing & By-law Enforcement Joel Phelps Licensing & By-law Enforcement Gary Cian Licensing & By-law Enforcement Valerie Critchley Licensing & By-law Enforcement Kevin Kuprowski Licensing & By-law Enforcement Vedran Abidinovic Licensing & By-law Enforcement Gabrielle Fillion Office of the City Engineer Bill Kralovensky Office of the City Engineer Phong Nguy Office of the City Engineer Shawn Barlow Office of the City Engineer Paul Hearn Office of the City Engineer Amy Kurek Office of the City Engineer John Colella Office of the City Engineer Andrew Lewis Office of the City Engineer Mary Pintarich Office of the City Engineer Mark Winterton Parks Marc Edwards Parks Paul Giroux Planning Kristina (Chung Wah) Tang Planning Michael Cooke Planning George Robinson Pollution Control Paul Drca Pollution Control George Michael Chernawski Pollution Control Mark Vandervoort

Consolidated City Council Agenda - December 16, 2019 Page 232 of 240

Department Name Pollution Control Justine Cloutier Pollution Control David Petten Pollution Control Ken Passa Pollution Control Kai Yuan Qui

Consolidated City Council Agenda - December 16, 2019 Page 233 of 240 Item No. 13.7

BY-LAW NUMBER 140-2019

A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE 16th DAY OF DECEMBER, 2019

Passed the 16th day of December, 2019.

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 - December 16, 2019 Second Reading - December 16, 2019 Third Reading - December 16, 2019

Consolidated City Council Agenda - December 16, 2019 Page 234 of 240 Additional Information Tracy Clinansmith December 16, 2019 meeting Item No. 8.5 Committee Matters: SCM 443/2019

Subject: Ontario's Community Housing Renewal Strategy Update Report - City Wide

Guiding Principles of the Housing Report: 1. Collective responsibility  Consider additional opportunities to support community initiatives to build permanent supportive housing and affordable housing  Liaison to work with community groups with openness and transparency  Consideration of grassroots housing plans with a commitment to provide supports to facilitate implementation  Assistance to navigate the system; offer supportive services; assist with land acquisition and planning; workshops geared to secondary units with planning department support; and the creation of a Secondary Residence Guide  Streamline and support development process wherever possible e.g. waive fees, provide infrastructure, assist with funding applications  Educate and inform through advertised, targeted information sessions, focus groups, and workshops  Facilitate partnerships with Family Services for service delivery, and to manage rent and rent-to-own options (connection with W- E Housing Connections’ Housing First Program)

2. Evidence-based for efficient, cost-effective solutions  Timelines will need to be reduced for priority rapid response (6-8 months rather than 2-3 years)  Current system will not support increasing needs for subsidies and utility assistance programs; needs to be self-supportive  One floor living to reduce costs associated with elevator, hallway, and lobby maintenance, as well as costs to run pipes and ductwork upwards (Meadowbrook is $270K per unit)  Explore consider adopting new strategies used in other communities  Track results so successes can be shared with other communities to support their housing challenges

3. People-centered  Timelines are important as housing needs are compounded and continue on the rise  Priorities given to those with the greatest need i.e. those who have been continuously living in homelessness for more than 6 months with wrap- around supports 1

Consolidated City Council Agenda - December 16, 2019 Page 235 of 240 Tracy Clinansmith

 Greater consideration of special needs groups within a supportive living environment i.e. Indigenous cultural considerations; 24/7 mental health supports; victims of violence; individuals and families with physical, intellectual, and psychiatric disabilities, etc.  Housing options that encourage active and meaningful participation within the community i.e. small homes with walkable grounds, co-op communities

4. In line with federal and provincial housing strategies  Sustain and expand housing – we need more, faster  Variety of housing types to allow choice  Look for alternative funding opportunities and supports  Explore Inclusionary Zoning of 10-20% as source of funding to assist community housing projects with land development  End homelessness – Meadowbrook will not adequately address or prioritized those who are homeless… we need much more PSH

BIG IDEAS from the Housing Report:  Cross sectoral  Integration of agencies  Community support

W-E United

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Consolidated City Council Agenda - December 16, 2019 Page 236 of 240 Tracy Clinansmith W-E United Supportive Community Housing Plan

PURPOSE

Seek the participation of local corporations, businesses, and community leaders to contribute to grassroots housing solution.

RATIONALE

• Despite implementing most of the recommended changes in the 2019 Housing and Homeless Plan, the wait list for affordable housing has tripled in the last 5 years. Homelessness has increased to 500 people, plus countless ‘hidden homeless’ with no fixed address. A changing real estate market has caused skyrocketing home prices and rental rates. This has led to a near nil vacancy rate. • There are no plans from any of the 3 levels of government to create more public housing, although they do encourage development by offering funding incentives. • According to projected demographics, these trends are expected to worsen. • Public housing stock is aging, requiring significant renovations to meet minimal standards for health, safety, accessibility, availability, and range of housing types • Housing operational agreements will end 2020-2029, creating a decrease in funding for subsidized rent • Windsor’s current and projected housing demands are no longer able to sustain its needs through the existing housing model. A systemic overhaul is needed to ensure that individuals have access to housing that they can afford on their own, without the need for additional funding through subsidies and utility assistance programs.

GOAL

Specific

• From 2014-2019, the waitlist for affordable housing has climbed from 2500 to 5700 applicants plus their family members. Our target is to provide accessible, rapid response housing of 100 homes per year to address immediate need for emergency prioritized housing with wrap-around, on-site supports. • Land will be obtained and developed through corporate contributions, business sponsorships, philanthropic donations, and available supports from the City of Windsor • Custom modular homes will be available to purchase in advance according to bulk order pricing of $85K each, for 1-2-bedroom homes. Each home may be sponsored by a business or group of individuals, with donors named on a dedication billboard • Housing will be offered at a rate ($400/month one-bedroom individual, $600/month÷2 for a two-bedroom home-share) to enable residents to be financially self-supportive,

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Consolidated City Council Agenda - December 16, 2019 Page 237 of 240 Tracy Clinansmith

without requiring additional subsidies. Quad housing is recommended for individuals requiring more intensive supportive services to assist with life skills. Mid-rise micro- units can also be provided for high density living with varying degrees of supports.

** Rent payments will be transferred into a service account to provide maintenance and ongoing supportive services, as well as provide additional housing as needed. Capacity to provide supportive services already exist and can expect more funding from the Health sector.

• Assistance to obtain necessary identification documents will be provided to ensure applicants can apply for appropriate financial assistance to pay for accommodations. • Rentals and rent-to-own options will be provided and managed by an assigned organization provided to increase motivation, property standards, and upward mobility toward stability and independence.

The Wheelhouse Model

Measurable

• When examining the cost of front-line social services such as shelters, hospitals, police, fire, EMS, and the justice system, as well as social agencies to provide supports for addiction and mental illness, costs can range from $53,144 up to as high as $340,000 per person per year • In Ontario, the average monthly cost of a shelter bed is $1932 • The average cost for an individual incarcerated in a provincial jail is $4333/month

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Consolidated City Council Agenda - December 16, 2019 Page 238 of 240 Tracy Clinansmith

• Individuals that are poorly housed or experiencing homelessness have a higher rate of illness. The monthly cost of a hospital bed is $10,900 • Rent supplements costs taxpayers an average of $701/month • There has been a 200% increase in the number of homeless families (over 50 families per night), and with no service for family shelter, they are housed in motel rooms at an annual cost of over $800K. Length of stays are also on the rise.

** Over-consumption of services is expensive. Even when factoring in services required to provide care to those in housing with supports, the proposed model will curb most of the previously-mentioned services. Furthermore, funds generated through rent will offset service costs. Costs to provide opportunities for residents to support themselves are significantly lower than supporting them on the streets.

Funding model:

a) Land purchase and site preparation • Proposed location at 700 Wellington at Wyandotte St W (7.18 acres at $895K) • $500K x 2 major corporate donations to fund land purchase • $500K x 2 major corporate donations to fund site prep and foundations • City of Windsor to fund costs associated with site planning, environmental assessments, and infrastructure

b) Home purchases • $85K x 100 business, non-profits, groups, and individual donors

c) Inclusionary zoning • To be implemented as per recommendations by federal and provincial housing strategies (developers to contribute 10%-20%, depending on project size, to help fund the W-E United initiative). • Alternatively, the City of Windsor can encourage donations of land from developers to be used for affordable housing, in lieu of inclusionary zoning, to be available for purchase at a reduced rate to smaller builders to build affordable single family and multi-family homes. • Efforts to encourage mid-rise micro-housing should be focused on the housing needs of transient renters, such as students and temporary workers, to enable the availability of lower income housing throughout the city for permanent residents.

Attainable

• Nonprofit community organizations serve many of our vulnerable residents. They are encouraged to participate through government funding as well as assistance with fundraising efforts to work toward common goal 3

Consolidated City Council Agenda - December 16, 2019 Page 239 of 240 Tracy Clinansmith

• Large-scale developers and builders who have profited from our local builders’ market are possible sources of community contribution as a show of good faith, in absence of current inclusionary zoning recommendations by the federal and provincial governments • There are hundreds of area businesses that continue to demonstrate their generosity toward worthwhile community endeavors • Since the City of Windsor spends approximately $9.5M in repairs to aging housing inventory, possible consideration may be given towards selling off old stock • Interested parties may be generated through the Incremental Development Project to create additional infill builds and development of secondary residences that can increase the availability of affordable homes in cases where supportive services are not needed. It is recommended that The City of Windsor actively market changes to the Secondary Units bylaw through the media and promote advertised information sessions by the Planning Department to inform and coach residents to develop stand-alone secondary residences.

Relevant

• Not only will housing provide opportunities for cost savings, it is a far more humane way of treating our most marginalized, most of who qualify for Ontario Disability payments and may require life-long supports to live independently in a protective environment

Time-based

• To address the critical levels of homelessness and the need for rapid response housing, the proposed goal is 100 houses per year. It will take approximately 4 years to bring development up to sufficient levels to address our current need for priority permanent housing with supports. • Greater participation by government and the business community will result in more significant gains in less time. As suggested in the 2019 Windsor-Essex Housing and Homelessness Plan review, implementation of the Plan will need to be cross-sectoral, with the integration of agencies, and with community support. • During the same time frame, and through the use of Lakewood’s rapid response modular housing, builders and homeowners have the potential to increase the overall availability of affordable homes. • Depending on the timeframe required to address environmental and infrastructure of the proposed site, we could have homes arriving on site in 3 months.

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