THB CITY OF • ./
ONTARIO, CANADA
ACON2018
February 2, 2018
TO THE MAYOR AND MEMBERS OF COUNCIL:
A special meeting of Council will be held on IVlondav, February 5, 2018, at 4:00 o'clock p.m.. in the Town of Walkerville Room, City Hall. 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, February 5, 2018, immediately followinq the jn-camera meeting, in the Town of WalkerviHe Room, City Hall. Enclosed is an Agenda for this meeting.
The regular meeting of Council will be held on IVlondav, February 5, 2018 at 6:00 o'clock p.m., in the Council Chambers, City Hall to consider the regular agenda for that day.
BY ORDER OF THE MAYOR.
Yours very truly,
Valerie Critchley City Clerk
/bm c.c. Chief Administrative Officer
Consolidated Agenda - February 5, 2018 Page 1 of 131 CITY OF WINDSOR AGENDA 2/05/2018
Consolidated City Council Meeting Agenda
Date: Monday, February 05, 2018 Time: 6:00 p.m. Location: Council Chambers, 3rd Floor, Windsor City Hall
MEMBERS:
Mayor Drew Dilkens
Ward 1 - Councillor Fred Francis
Ward 2 - Councillor John Elliott
Ward 3 - Councillor Rino Bortolin
Ward 4 - Councillor Chris Holt
Ward 5 - Councillor Ed Sleiman
Ward 6 - Councillor Jo-Anne Gignac
Ward 7 - Councillor Irek Kusmierczyk
Ward 8 - Councillor Bill Marra
Ward 9 - Councillor Hilary Payne
Ward 10 - Councillor Paul Borrelli
Consolidated Agenda - February 5, 2018 Page 2 of 131 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 February, 2018 in accordance with By-law 189-2014
2. CALL TO ORDER - Playing of the National Anthem & Moment of Silent Reflection
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
4. ADOPTION OF THE MINUTES
Minutes of the Council meeting held January 29, 2018 (SCM 39/2018) (enclosed)
5. NOTICE OF PROCLAMATIONS
“Congenital Heart Defects Awareness Week” – February 7-14, 2018 “Rotary International World Peace and Understanding Week” – February 18-24, 2018 “Heritage Week” – February 19-25, 2018
Flag Raising: International Mother Language Day (Bangladesh-Canada Association, Windsor-Essex), February 21, 2018
6. COMMITTEE OF THE WHOLE
7. COMMUNICATIONS INFORMATION PACKAGE (This includes both Correspondence AND Communication Reports)
7.1. Correspondence Items 7.1.1. to 7.1.2. (CMC 3/2018) (enclosed)
7.2. Huron Lodge Short Stay Respite Bed Conversion - City Wide (C 8/2018)
7.3. Placement of Question on the October Municipal Ballot - City Wide (CM 4/2018)
Consolidated Agenda - February 5, 2018 Page 3 of 131 8. CONSENT AGENDA
8.2. Changes to Tax Sale Legislation and Regulations (C 6/2018)
8.3. Extension of Contract for Line Laundry Services - Huron Lodge-City Wide (C 10/2018)
8.4. Recognition of new owner and assignment of Brownfield Rehabilitation Grant payments for 775 Riverside Drive East (Ward 4) (C 1/2018) Clerk’s Note: This complete report has been reprinted and attached hereto, as page 2 was omitted from the original printing of the agenda package.
9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS
10. PRESENTATIONS AND DELEGATIONS
DELEGATIONS: (5 minute maximum)
8.1. 2018 Winter Vesting Considerations (C 9/ 2018) a) Yuk Yip Lui, property owner
11.5. Request for Funding for a MacKenzie Tour – PGA Tour Canada Event in Windsor (C 2/2018) a) Scott Prichard, Vice President, Mackenzie Tour, PGC TOUR Canada
11.1. Concession Group Canada Inc. (CGC) Request for Agreement Amendments (C 220/2017) Clerk’s Note: Administration submitting additional information memo dated January 5, 2018 (previously distributed) a) Rico Razaiy, representing Concession Group Canada Inc. b) Mark Vander Voort, President, CUPE Local 543
11.4. Iona College/Stuart-Macdonald House, 208 Sunset Avenue - Request for Demolition of Heritage Register-Listed Property (S 196/2017) Clerk’s Note: University of Windsor submitting additional information (attached). a) Mike Cardinal, resident of Ward 2 b) Sandra Aversa, University of Windsor Vice President, Planning & Administration c) Linda Axford, Senior Heritage Specialist, Amec Foster Wheeler (available for questions)
11.2. Residential Rental Licensing (C 169/2017) Clerk’s Note: Administration submitting additional information memo dated January 24, 2018 (previously distributed); Kevin Flood submitting letter dated February 2, 2018 (attached) AND 11.3. Residential Rental Enforcement and Future Zoning (C 28/2017) a) Marion Overholt, Executive Director, Legal Assistance of Windsor b) Mike Cardinal, resident of Ward 2
Consolidated Agenda - February 5, 2018 Page 4 of 131 c) Paolo DiBartolomeo, Paul Mar Housing d) Al Shipley, property owner e) Colin Hart, property manager for WindsorRent f) Terry Kennedy, resident of Ward 2 g) Borys Sozanski, property owner h) Gary Langill, resident of Ward 3 i) Bruce Sheardonw, resident of Ward 10 j) Jennifer DePooter k) Kaitlyn Kraayenbrink l) Aaron Kraayenbrink m) Vanessa Pummer, resident of Ward 2 n) Alan Richardson, resident of Ward 2 o) Kai Hildebrandt, resident of Ward 2 LATE: p) Ian Wood, resident of Ward 2 q) Chris Verbeek, former U of W student r) Kevin Flood, property owner
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)
13. BY-LAWS (First and Second Reading)
13.1. 25-2018 “A BY-LAW TO DESIGNATE THE BOUNDARIES OF THE CITY OF WINDSOR AS A COMMUNITY IMPROVEMENT PROJECT AREA” authorized by CR9/2018, adopted January 8, 2018
13.2. 26-2018 “A BY-LAW TO ADOPT A COMMUNITY IMPROVEMENT PLAN FOR THE CITY OF WINDSOR BUILDING FAÇADE IMPROVEMENT PROGRAM AND URBAN DESIGN GUIDELINES FOR MAIN STREETS COMMUNITY IMPROVEMENT PROJECT AREA” authorized by CR9/2018, adopted January 8, 2018
13.3. 27-2018 “A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE FIFTH DAY OF FEBRUARY, 2018”
14. MOVE BACK INTO FORMAL SESSION
Consolidated Agenda - February 5, 2018 Page 5 of 131 15. NOTICES OF MOTION
16. THIRD AND FINAL READING OF THE BY-LAWS
By-laws 25-2018 through 27-2018 inclusive
17. PETITIONS
18. QUESTION PERIOD (enclosed)
18.1. Outstanding Council Questions Summary as of January 24, 2018 (SCM 24/2018)
18.2. Outstanding Council Directives Tracking Log as of January 29, 2018 (SCM 38/2018)
19. STATEMENTS BY MEMBERS
20. UPCOMING MEETINGS
Seniors Advisory Committee Tuesday, February 6, 2018 9:30 a.m. Council Chambers, 3rd floor, Windsor City Hall
Social Development, Health & Culture Standing Committee Wednesday, February 7, 2018 9:00 a.m. Council Chambers, 3rd floor, Windsor City Hall
Willistead Manor Inc., Executive Committee Thursday, February 8, 2018 4:00 p.m. St. Mary’s Anglican Church, Parish Hall
Willistead Manor Inc., Board of Directors Thursday, February 8, 2018 4:30 p.m. St. Mary’s Anglican Church, Parish Hall
Consolidated Agenda - February 5, 2018 Page 6 of 131
Windsor Bicycling Committee Thursday, February 8, 2018 5:00 p.m. 400 City Hall Square East, Room 407
Planning, Heritage & Economic Development Standing Committee Monday, February 12, 2018 4:30 p.m. Council Chambers, 3rd floor, Windsor City Hall
Windsor Accessibility Advisory Committee Tuesday, February 13, 2018 2:00 p.m. 400 City Hall Square East, Room 407
Windsor BIA Advisory Committee Thursday, February 15, 2018 4:00 p.m. 400 City Hall Square East, Room 407
Housing Advisory Committee Tuesday, February 20, 2018 9:00 a.m. 400 City Hall Square East, Room 405
Environment, Transportation & Public Safety Standing Committee Wednesday, February 21, 2018 4:30 p.m. Council Chambers, 3rd floor, Windsor City Hall
21. ADJOURNMENT
Consolidated Agenda - February 5, 2018 Page 7 of 131 Item No. 4.1
Committee Matters: SCM 39/2018
Subject: Adoption of the Minutes of the Windsor city Council meeting held
January 29, 2018
Consolidated Agenda - February 5, 2018 Page 8 of 131 CITY OF WINDSOR MINUTES 01/29/2018
City Council Meeting
Date: Monday, January 29, 2018 Time: 6:00 o’clock p.m.
Members Present:
Mayor Mayor Dilkens
Councillors Ward 1 - Councillor Francis Ward 2 - Councillor Elliott Ward 3 - Councillor Bortolin Ward 4 - Councillor Holt Ward 5 - Councillor Sleiman Ward 6 - Councillor Gignac Ward 7 - Councillor Kusmierczyk Ward 8 - Councillor Marra Ward 9 - Councillor Payne Ward 10 - Councillor Borrelli
1. ORDER OF BUSINESS
2. CALL TO ORDER - Playing of the National Anthem & Moment of Silent Reflection
Following the playing of the Canadian National Anthem and a moment of silent reflection, 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.
Consolidated Agenda - February 5, 2018 Page 9 of 131 Minutes City Council Monday, January 29, 2018 Page 2 of 21
4. ADOPTION OF THE MINUTES
4.1. Council Minutes January 8, 2018
Moved by: Councillor Sleiman Seconded by: Councillor Francis
That the minutes of the meeting of Council held January 8, 2018 BE ADOPTED as presented. Carried.
Report Number: SCM 25/2018
5. NOTICE OF PROCLAMATIONS
“Black History Month” – February 2018
“Bulimia Anorexia Nervosa Association (BANA) 35th Anniversary and National Eating Disorder Awareness Week” – February 1-7, 2018
6. COMMITTEE OF THE WHOLE
Moved by: Councillor Gignac Seconded by: Councillor Holt
That Council do now rise and move into Committee of the Whole with the Mayor presiding for the purpose of dealing with: (a) communication items; (b) consent agenda; (c) hearing requests for deferrals, referrals and/or withdrawals of any items of business; (d) hearing presentations and delegations; (e) consideration of business items; (f) consideration of Committee reports: (i) Report of Special In-Camera Meeting or other Committee as may be held prior to Council (if scheduled); and (g) consideration of by-laws 6-2018 through 24-2018 (inclusive). Carried.
Consolidated Agenda - February 5, 2018 Page 10 of 131 Minutes City Council Monday, January 29, 2018 Page 3 of 21
7. COMMUNICATIONS INFORMATION PACKAGE
7.1. Correspondence - January 29, 2018
Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra
Decision Number: CR23/2018 That the following Communication Items 7.1.1 through 7.1.5, and 7.1.7 and 7.1.13 inclusive, as set forth in the Council Agenda BE REFERRED as noted, and that Item 7.1.6 be dealt with as follows:
7.1.6 Request for Support for Municipal Class Environmental Assessment (MCEA) process reform
Moved by: Councillor Marra Seconded by: Councillor Sleiman
Decision Number: CR24/2018 WHEREAS a coalition of the Municipal Engineers Association (MEA) and the Residential and Civil Construction Alliance of Ontario have successfully applied to have a review of the Municipal Class Environmental Assessment (MCEA) process conducted under Part IV (Section 61) of the Environmental Bill of Rights Act, 1993 (EBR Act);
AND WHEREAS impact studies and public meetings required by the MCEA process often take two years or more to complete before construction can commence;
AND WHEREAS the MCEA requirements to evaluate alternatives are often not well aligned with prior or municipal land use planning decisions;
AND WHEREAS analysis by the Residential and Civil Construction Alliance of Ontario (RCCAO) has demonstrated that the time to complete an EA rose from 19 months to 26.7 months and costs went from an average of $113,300 to $386,500;
AND WHEREAS the Auditor General of Ontario has tabled recommendations for modernizing the MCEA process;
AND WHEREAS in spite of written commitments made by the Ministry of the Environment between 2013-2015, no action has been taken;
AND WHEREAS local projects that do not have the necessary approvals could lose out on the next intake of Build Canada funding;
Consolidated Agenda - February 5, 2018 Page 11 of 131 Minutes City Council Monday, January 29, 2018 Page 4 of 21
THEREFORE BE IT RESOLVED that City of Windsor requests that the Minister of the Environment and Climate Change take immediate steps to expedite the response process for Part II Orders or Bump-Up requests, as part of the s.61 review to improve MCEA process times and reduce study costs;
AND FURTHER that the Minister of the Environment and Climate Change support changes to better integrate and harmonize the MCEA process with processes defined under the Planning Act;
AND FURTHER that the Minister of the Environment and Climate Change amend the scope of MCEA reports and studies to reduce duplication with existing public processes and decisions made under municipal Official Plans and provincial legislation. Carried.
Report Number: CMC 2/2018 Clerk’s File: GM2018
No. Sender Subject 7.1.1. Premier of Ontario Response regarding CR743/2017 (attached) from Kathleen Wynne, Premier, regarding licensing, planning and zoning regulations of cannabis retail outlets City Clerk/Licence Commissioner City Planner City Solicitor Note & File GP/13047 7.1.2. Association of $26 Million Main Street Revitalization Fund Municipalities Ontario Announced – AMO to be Fund Administrator (AMO) City Planner City Treasurer Note & File MMA2018 7.1.3. Ministry of the Environmental Compliance Approval for the Environment and construction of sanitary and storm sewers on Climate Change Barkley Avenue and Clearwater Avenue (from Peppervine Street to Firgrove Drive) and stormwater relief sewers on Peppervine Street (from Barkley Avenue to Aspen Lake) City Engineer Note & File ZP/7350 7.1.4. Ministry of the Environmental Compliance Approval for the Environment and construction of storm sewers on Lublin Avenue and Climate Change Icewater Avenue (from Little River Blvd. to Beverly
Consolidated Agenda - February 5, 2018 Page 12 of 131 Minutes City Council Monday, January 29, 2018 Page 5 of 21
No. Sender Subject Glen St.) and on Beverly Glen Street (from east of Lublin Ave. to Icewater Ave.) and sanitary sewers on Lublin Ave. and Icewater Ave. (from Little River Blvd. to Beverly Glen St.) and on Beverly Glen St. (from east of Lublin Ave. to Icewater Ave.) City Engineer Note & File SW2018 7.1.5. Regional Electricity Posting of Draft Regional Planning Document for Planning in Ontario Windsor-Essex Region Note & File MU2018 7.1.6. Ontario Good Roads Request for Support for Municipal Class Association (OGRA) Environmental Assessment (MCEA) process reform City Engineer Manager, Environmental Quality Supervisor, Environmental Sustainability & Climate Change COUNCIL DIRECTION REQUESTED, otherwise Note & File GM2018 7.1.7. Royal Canadian Request for sponsorship for the “Military Service Legion Ontario Recognition Book” Command Chief Financial Officer & City Treasurer COUNCIL DIRECTION REQUESTED, otherwise Note & File APR2018 7.1.8. Dillon Consulting Lou Romano Water Reclamation Plant Generator Limited Replacement – Notice of Completion of the Environmental Screening Report City Engineer Manager, Pollution Control Note & File SW2018 7.1.9. Manager of Application of Quad T Development Inc. (c/o Troup Development Group of Companies Inc.) for Zoning Amendment Applications and Official Plan Amendment to allow for residential apartment units above commercial units at 242 Lauzon Road Note & File ZB/13051 ZO/13052 7.1.10. Manager of Urban Application of Steve Habib for Site Plan Approval to Design permit a multi-residential condo unit, surface parking
Consolidated Agenda - February 5, 2018 Page 13 of 131 Minutes City Council Monday, January 29, 2018 Page 6 of 21
No. Sender Subject and free standing vehicle storage garage at 0 Division Note & File ZS/13049 7.1.11. Manager of Urban Application of Ground Effects Ltd. for Site Plan Design Approval to permit an enclosure of and extension to truck loading docks at 2500 Central Avenue Note & File ZS/13050 7.1.12. Manager of Urban Application of 2480871 Ontario Inc. c/o Joe Design Ciaravino for Site Plan Approval to permit a new restaurant and dwelling unit at 4350 Howard Note & File ZS/13053 7.1.13. Secretary/Treasurer, Agenda for the Committee of Adjustment meeting to Committee of be held on Thursday, February 8, 2018, Council Adjustment Chambers, 3rd Floor, Windsor City Hall. Note & File ZC2018 Carried.
Report Number: CMC 2/2018
7.2. New City Hall Project - Construction Update for December 2017
Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra
Decision Number: CR25/2018 That the December 2017 Construction Update for the New City Hall BE RECEIVED for information. Carried.
Report Number: CM 2/2018 Clerk’s File: APM/9120
7.3. Your Quick Gateway (Windsor) Inc. - 3rd Quarter 2017 Financial Statements-City Wide
Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra
Consolidated Agenda - February 5, 2018 Page 14 of 131 Minutes City Council Monday, January 29, 2018 Page 7 of 21
Decision Number: CR26/2018 That City Council RECEIVE for information, the Your Quick Gateway (Windsor) Inc. 3rd Quarter 2017 Financial Statements. Carried. Report Number: CM 1/2018 Clerk’s File: APM/9795
7.4. 2018 Interim Tax Billing: Pre-Authorized Payment Plan due date amendment
Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra
Decision Number: CR27/2018 That the report of the Manager of Property Taxation and Taxpayer Support dated December 27, 2017 entitled “2018 Interim Tax Billing: Pre-Authorized Payment Plan due date amendment” BE RECEIVED for information. Carried.
Report Number: CM 50/2017 Clerk’s File: APM/12937
7.5. Time Spent in Open and In-Camera Council Meetings and Committee Meetings for the period of January 1, 2017 to December 31, 2017
Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra
Decision Number: CR28/2018 That the report of the City Clerk dated December 31, 2017 respecting “Time Spent in Open and In Camera Council meetings and Committee meetings for the period of January 1, 2017 to December 31, 2017” BE RECEIVED for information. Carried.
Report Number: CM 26/2017 Clerk’s File: ACO/9512
Consolidated Agenda - February 5, 2018 Page 15 of 131 Minutes City Council Monday, January 29, 2018 Page 8 of 21
8. CONSENT AGENDA
8.1. Minutes of the Windsor Licensing Commission of its meeting held November 22, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR29/2018 ETPS 555 That the minutes of the Windsor Licensing Commission of its meeting held November 22, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 229/2017 Clerk’s File: MB2017
8.2. Minutes of the Windsor Essex County Environment Committee of its meeting held October 26, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR30/2018 ETPS 557 That the minutes of the Windsor Essex County Environment Committee of its meeting held October 26, 2017 BE RECEIVED for information. Carried. Report Number: SCM 219/2017 Clerk’s File: MB2017
8.3. Council Question 55-2015 Enhanced lighting in Residential versus Commercial Areas
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR31/2018 ETPS 559 That the report in response to Council Question 55-2015, regarding Enhanced lighting in Residential versus Commercial Areas BE NOTED AND FILED Carried.
Consolidated Agenda - February 5, 2018 Page 16 of 131 Minutes City Council Monday, January 29, 2018 Page 9 of 21
Report Number: C 208/2017 Clerk’s File: SL2017
8.4. The Discovery of Oak Wilt Disease on Belle Isle and the initiation of a Oak Wilt Disease Awareness Campaign for the City of Windsor - City Wide
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR32/2018 ETPS 560 That the report from the City Forester/Manager of Forestry and Natural Areas regarding the discovery of Oak Wilt Disease on Belle Isle BE RECEIVED for information. Carried.
Report Number: S 223/2017 Clerk’s File: SR2017
8.5. Community Public Art Advisory Committee 2017 Annual Report
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR33/2018 That the 2017 Annual Report of the Community Public Art Advisory Committee BE APPROVED as presented. Carried. Report Number: SCM 6/2018 Clerk’s File: MB2017
8.6. Diversity Committee 2017 Annual Report
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR34/2018 That the 2017 Annual Report of the Diversity Committee BE APPROVED as presented. Carried.
Report Number: SCM 7/2018 Clerk’s File: MB2017
Consolidated Agenda - February 5, 2018 Page 17 of 131 Minutes City Council Monday, January 29, 2018 Page 10 of 21
8.7. Housing Advisory Committee 2017 Annual Report
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR35/2018 That the 2017 Annual Report of the Housing Advisory Committee BE APPROVED as presented. Carried.
Report Number: SCM 8/2018 Clerk’s File: MB2017
8.8. Windsor Accessibility Advisory Committee 2016/2017 Annual Report
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR36/2018 That the 2016/2017 Annual Report of the Windsor Accessibility Advisory Committee BE APPROVED as presented. Carried.
Report Number: SCM 9/2018 Clerk’s File: MB2017
8.9. Minutes of the Diversity Committee of its meeting held October 17, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR37/2018 That the minutes of the Diversity Committee of its meeting held October 17, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 10/2018 Clerk’s File: MB2017
Consolidated Agenda - February 5, 2018 Page 18 of 131 Minutes City Council Monday, January 29, 2018 Page 11 of 21
8.10. Minutes of the Community Public Art Advisory Committee of its meeting held November 14, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR38/2018 That the minutes of the Community Public Art Advisory Committee of its meeting held November 14, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 11/2018 Clerk’s File: MB2017
8.11. Minutes of the Committee of Management for Huron Lodge of its meeting held July 17, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR39/2018 That the minutes of the Committee of Management for Huron Lodge of its meeting held July 17, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 14/2018 Clerk’s File: MB2017
8.12. Minutes of the Committee of Management for Huron Lodge of its meeting held October 23, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR40/2018 That the minutes of the Committee of Management for Huron Lodge of its meeting held October 23, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 15/2018 Clerk’s File: MB2017
Consolidated Agenda - February 5, 2018 Page 19 of 131 Minutes City Council Monday, January 29, 2018 Page 12 of 21
8.13. Minutes of the Seniors Advisory Committee of its meeting held September 8, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR41/2018 That the minutes of the Seniors Advisory Committee of its meeting held September 8, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 16/2018 Clerk’s File: MB2017
8.14. Minutes of the Housing Advisory Committee of its meeting held September 19, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR42/2018 That the minutes of the Housing Advisory Committee of its meeting held September 19, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 17/2018 Clerk’s File: MB2017
8.15. Minutes of the Executive Committee and the Board of Directors Willistead Manor Inc., held October 12, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR43/2018 That the minutes of the Executive Committee and the Board of Directors, Willistead Manor Inc. of its meeting held October 12, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 18/2018 Clerk’s File: MB2017
Consolidated Agenda - February 5, 2018 Page 20 of 131 Minutes City Council Monday, January 29, 2018 Page 13 of 21
8.16. Minutes of the Executive Committee and the Board of Directors, Willistead Manor Inc., meetings held November 9, 2017
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR44/2018 That the minutes of the Executive Committee and the Board of Directors, Willistead Manor Inc. of its meeting held November 9, 2017 BE RECEIVED for information. Carried.
Report Number: SCM 19/2018 Clerk’s File: MB2017
8.17. 2017-2018 Social Infrastructure Fund Update - City Wide
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR45/2018 That the report of the Commissioner of Community Development and Health Services dated December 8, 2017 entitled “2017-2018 Social Infrastructure Fund Update – City Wide” BE RECEIVED. Carried.
Report Number: SCM 20/2018 Clerk’s File: GH/6905
8.18. Ontario Municipal Social Services Association 2018 Leadership Symposium - City Wide
Moved by: Councillor Payne Seconded by: Councillor Sleiman
Decision Number: CR46/2018 That the report of the Commissioner of Community Development and Health Services dated December 8, 2017 entitled “Ontario Municipal Social Services Association 2018 Leadership Symposium – City Wide” BE RECEIVED. Carried.
Report Number: SCM 21/2018 Clerk’s File: MMF/4762
Consolidated Agenda - February 5, 2018 Page 21 of 131 Minutes City Council Monday, January 29, 2018 Page 14 of 21
9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS
None requested.
10. PRESENTATIONS AND DELEGATIONS (5 Minute maximum per delegate)
11.2. Report No. 100 of the Windsor Essex County Environment Committee - Request for the Government of Canada to conserve the Ojibway Shores property as an environmentally protected area
Tom Henderson, Chair, Public Advisory Council, Detroit River Canadian Cleanup
Tom Henderson, Chair, Public Advisory Council, Detroit River Canadian Cleanup, appears before Council to speak in support of the Windsor Essex County Environment Committee’s recommendation for the City of Windsor to request the Government of Canada to conserve the significant natural condition, biodiversity and biological function of the Ojibway Shores property as an environmentally protected area, stressing that it is important to save this green gem.
Derek Coronado, Coordinator, Citizens Environment Alliance of Southwestern Ontario
Derek Coronado, Coordinator, Citizens Environment Alliance of Southwestern Ontario, appears before Council to speak in support of the Windsor Essex County Environment Committee’s recommendation for the City of Windsor to request the Government of Canada to conserve the significant natural condition, biodiversity and biological function of the Ojibway Shores property as an environmentally protected area, and provides an overview of the timelines impacting this environmental priority.
Moved by: Councillor Borrelli Seconded by: Councillor Bortolin
Decision Number: CR48/2018 ETPS 556 THAT Report No. 100 of the Windsor Essex County Environment Committee dated October 26, 2017 indicating:
WHEREAS, the City of Windsor has committed to enhancing the quality of Windsor’s natural environment; and,
WHEREAS, the property known as Ojibway Shores and owned by the Windsor Port Authority, has important natural heritage characteristics, including significant wetland, habitat of threatened and
Consolidated Agenda - February 5, 2018 Page 22 of 131 Minutes City Council Monday, January 29, 2018 Page 15 of 21 endangered species, significant woodlands, significant wildlife habitat, ecological function, diversity, significant species, significant communities, and condition; and,
WHEREAS, the 2020 biodiversity goals and targets for Canada include by 2020 at least 17 percent of terrestrial areas are conserved; and,
WHEREAS, the Government of Canada is the sole shareholder of the Windsor Port Authority;
THEREFORE BE IT RESOLVED that the City of Windsor request the Government of Canada conserve the significant natural condition, biodiversity and biological function of the Ojibway Shores property as an environmentally protected area. BE APPROVED. Carried.
Report Number: SCM 220/2017 Clerk’s File: MB2017
11.1. CQ5-2017 - Traffic Signal Warrants - Devonwood/Division and Lone Pine/Provincial CQ5-2017 - Traffic Signal Warrants - Devonwood/Division and Lone Pine/Provincial and Supplementary Report to CQ 5-2017, Devonwood at Division, Traffic Signals Supplementary Report to CQ 5-2017 - Devonwood at Division, Traffic Signals
Matt Beasley, resident of Ward 9
Matt Beasley, resident of Ward 9, appears before Council to state that there is feasibility in terms of providing traffic signals at Devonwood/Cabana and Lone Pine/Provincial in view of the difficulties experienced by residents in exiting the subdivision.
Moved by: Councillor Payne Seconded by: Councillor Borrelli
That the installation of traffic signals at Lone Pine Road and Provincial Road, BE APPROVED, subject to a REPORT BACK on the estimated cost; and further,
That a report BE PREPARED on the details and estimated costs of traffic signals at Devonwood and Division Road.
The motion is put and is lost.
Aye votes: Councillors Payne and Borrelli. Nay votes: Councillors Elliott, Sleiman, Francis, Holt, Kusmierczyk, Marra, Gignac and Bortolin.
Consolidated Agenda - February 5, 2018 Page 23 of 131 Minutes City Council Monday, January 29, 2018 Page 16 of 21
Moved by: Councillor Francis Seconded by: Councillor Bortolin
Decision Number: CR47/2018 That the report of the Manager of Traffic Operations dated March 31, 2017, entitled CQ5-2017 - Traffic Signal Warrants - Devonwood/Division and Lone Pine/Provincial - Ward 9, the report of the Manager of Traffic Operations dated August 28, 2017, entitled Supplementary Report to CQ5-2017 – Devonwood at Division – Traffic Signals, and the report of the Fire Chief dated December 1, 2017 entitled CQ5-2017, Traffic Signal Warrants, Devonwood/Division and Lone Pine/Provincial - Ward 9 (S 60/2017) and Supplementary Report to CQ5-2017 – Devonwood at Division – Traffic Signals, (S164/2017) BE RECEIVED for information. Carried. Councillor Payne voting nay.
Report Number: SCM 2/2018 Clerk’s File: ST2017 SF/12369
11. REGULAR BUSINESS ITEMS (Non-Consent Items)
None.
12. CONSIDERATION OF COMMITTEE REPORTS
12.1. Report of the Special In-Camera meeting or other Committee as may be held prior to Council (if scheduled)
Moved by: Councillor Elliott Seconded by: Councillor Francis
Decision Number: CR49/2018 That the report of the In Camera meeting held January 29, 2018 BE ADOPTED as presented. Carried.
Clerk’s File: ACO2018
Consolidated Agenda - February 5, 2018 Page 24 of 131 Minutes City Council Monday, January 29, 2018 Page 17 of 21
12.2. Report of the January 8, 2018 Striking Committee
Moved by: Councillor Elliott Seconded by: Councillor Francis
Decision Number: CR18/2018 That the Report of the Striking Committee of its meeting held January 8, 2018 BE ADOPTED as presented. Carried.
Report Number: SCM 12/2018 Clerk’s File: ACO2018
12.3. Report No. 45 of the International Relations Committee - IRC Delegation to Visit Fujisawa and Gunsan
Moved by: Councillor Elliott Seconded by: Councillor Francis
Decision Number: CR50/2018 That Report No. 45 of the International Relations Committee of its meeting held November 8, 2017 regarding IRC Delegation to Visit Fujisawa and Gunsan BE APPROVED. Carried.
Report Number: SCM 243/2017 Clerk’s File: MB2018
13. BY-LAWS (First and Second Reading)
Moved by: Councillor Gignac Seconded by: Councillor Holt
That the following By-laws No. 6-2018 through 24-2018 (inclusive) be introduced and read a first and second time:
6-2018 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW" authorized by CR7/2018, adopted January 8, 2018.
7-2018 A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW" authorized by CR8/2018, adopted January 8, 2018.
Consolidated Agenda - February 5, 2018 Page 25 of 131 Minutes City Council Monday, January 29, 2018 Page 18 of 21
8-2018 A BY-LAW TO AUTHORIZE THE TEMPORARY BORROWING OF MONEY FOR CURRENT EXPENDITURES FOR 2018 authorized by CR749/2017, adopted December 4, 2017.
9-2018 A BY-LAW TO PROVIDE FOR INTERIM TAX LEVIES FOR 2018 authorized by CR759/2017, adopted December 4, 2017.
10-2018 A BY-LAW TO FURTHER AMEND BY-LAW 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 4313, approved December 20, 2017.
11-2018 A BY-LAW TO FURTHER AMEND BY-LAW 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 4337, approved December 28, 2017.
12-2018 A BY-LAW TO FURTHER AMEND BY-LAW 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 CR772/2017, adopted December 18, 2017.
13-2018 A BY-LAW TO ASSUME FOR PUBLIC USE AS A PUBLIC HIGHWAY THE 4.9 METRES WIDE NORTH/SOUTH ALLEY, NORTH OF ONTARIO STREET, BETWEEN WESTCOTT ROAD AND CENTRAL AVENUE, ABUTTING THE PROPERTIES MUNICIPALLY KNOWN AS 1195 AND 1177 WESTCOTT ROAD, CITY OF WINDSOR, authorized by CR443/2017, adopted August 8, 2017.
14-2018 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE 4.9 METRES WIDE NORTH/SOUTH ALLEY, NORTH OF ONTARIO STREET, BETWEEN WESTCOTT ROAD AND CENTRAL AVENUE, ABUTTING THE PROPERTIES MUNICIPALLY KNOWN AS 1195 AND 1177 WESTCOTT ROAD, CITY OF WINDSOR, authorized by CR443/2017, adopted August 8, 2017.
15-2018 A BY-LAW TO ASSUME FOR PUBLIC USE AS A PUBLIC HIGHWAY THE 3.6 METRES WIDE EAST-WEST ALLEY, EAST OF WESTCOTT ROAD, NORTH OF TECUMSEH ROAD EAST, ABUTTING THE NORTH LIMIT OF THE PROPERTY MUNICIPALLY KNOWN AS 3820 TECUMSEH ROAD EAST, CITY OF WINDSOR authorized by CR444/2017, adopted August 8, 2017.
16-2018 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE 3.6 METRES WIDE EAST-WEST ALLEY, EAST OF WESTCOTT ROAD, NORTH OF TECUMSEH ROAD EAST, ABUTTING THE NORTH LIMIT OF THE PROPERTY MUNICIPALLY KNOWN AS 3820 TECUMSEH ROAD EAST, CITY OF WINDSOR authorized by CR444/2017, adopted August 8, 2017.
Consolidated Agenda - February 5, 2018 Page 26 of 131 Minutes City Council Monday, January 29, 2018 Page 19 of 21
17-2018 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE REMNANT 20.10 METRES WIDE BENSETTE STREET RIGHT-OF-WAY, EAST OF HOWARD AVENUE, ABUTTING THE WEST LIMIT OF REMINGTON AVENUE, CITY OF WINDSOR authorized by CR332/2017, adopted June 5, 2017.
18-2018 A BY-LAW TO ASSUME FOR PUBLIC USE AS A PUBLIC HIGHWAY THE REMNANT 4.27 METRES (14FEET) WIDE NORTH/SOUTH ALLEY LOCATED SOUTH OF EDSEL COURT, EAST OF PRINCESS AVENUE, ABUTTING 5065 EDSEL COURT, CITY OF WINDSOR authorized by CR284/2017, adopted May 8, 2017.
19-2018 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE REMNANT 4.27 METRES (14FEET) WIDE NORTH/SOUTH ALLEY LOCATED SOUTH OF EDSEL COURT, EAST OF PRINCESS AVENUE, ABUTTING 5065 EDSEL COURT, CITY OF WINDSOR authorized by CR284/2017, adopted May 8, 2017.
20-2018 A BY-LAW TO CLOSE, STOP UP AND CONVEY THE REMNANT 4.26 METRES (14FEET) WIDE NORTH/SOUTH ALLEY LOCATED BETWEEN DOUGALL AVENUE AND CHURCH STREET, SOUTH OF UNIVERSITY AVENUE WEST, CITY OF WINDSOR authorized by CR221/2017, adopted April 10, 2017.
21-2018 A BY-LAW TO AMEND BY-LAW 179-2008, BEING A BY-LAW RESPECTING THE ISSUANCE OF VARIOUS PERMITS AND THE SCHEDULING OF INSPECTIONS authorized by B2/2018, adopted January 15, 2018.
22-2018 A BY-LAW TO AMEND BY-LAW NUMBER 392-2002, BEING A BY-LAW TO ESTABLISH AND REQUIRE PAYMENT OF FEES AND CHARGES authorized by B2/2018, adopted January 15, 2018.
23-2018 A BY-LAW TO PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF PLANNING APPLICATIONS authorized by B2/2018, adopted January 15, 2018.
24-2018 A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE TWENTY-NINTH DAY OF JANUARY, 2018.
14. MOVE BACK INTO FORMAL SESSION
Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra
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)
Consolidated Agenda - February 5, 2018 Page 27 of 131 Minutes City Council Monday, January 29, 2018 Page 20 of 21
2) Consent Agenda (as presented) 3) Items Deferred Items Referred 4) Consideration of the Balance of Business Items (as amended) 5) Committee Reports (as presented) 6) By-laws given first and second readings (as presented) Carried.
15. NOTICES OF MOTION
None presented.
16. THIRD AND FINAL READING OF THE BY-LAWS
Moved by: Councillor Payne Seconded by: Councillor Sleiman
That the following By-laws No. 6-2018 through 24-2018 (inclusive), 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
18.1. CQ2-2018
Moved by: Councillor Elliott Seconded by: Councillor Francis
Decision Number: CR51/2018 That the following Council Question by Councillor Holt BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011:
Consolidated Agenda - February 5, 2018 Page 28 of 131 Minutes City Council Monday, January 29, 2018 Page 21 of 21
CQ 2-2018: Assigned to City Engineer Asks that Administration report back to Council about updating our rail rationalization plan to take the possibility of high speed rail into consideration. Carried.
Clerk’s File: MT2018
21. ADJOURNMENT
Moved by: Councillor Gignac Seconded by: Councillor Holt
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 6:52 o'clock p.m.
Consolidated Agenda - February 5, 2018 Page 29 of 131 Item No. 7.1
Correspondence Report: CMC 3/2018
ATTACHMENTS
Subject: Correspondence - February 5, 2018 Council Meeting
No. Sender Subject 7.1.1. Ontario Municipal Decision: Canadian Pacific Railway Company v. Board Windsor (City) and Shergar Development Inc. v. Windsor (City)
City Solicitor Note & File APM/3450 7.1.2. Great Lakes and St. Resolutions on key Great Lakes and St. Lawrence Lawrence Cities issues Initiative City Engineer COUNCIL DIRECTION REQUESTED, otherwise Note & File EW/9643
Consolidated Agenda - February 5, 2018 Page 30 of 131 Council Correspondence Item No. 7.1.1.
Ontario Municipal Board Commission des affaires municipales de l’Ontario
ISSUE DATE: January 24, 2018 CASE NO(S).: LC130023 LC130034
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended Claimant: Canadian Pacific Railway Company Respondent: City of Windsor Subject: Land Compensation Property Address/Description: Lands located between Riverside Drive and University Avenue Municipality: City of Windsor OMB Case No.: LC130023 OMB File No.: LC130023 OMB Case Name: Canadian Pacific Railway Company v. Windsor (City)
PROCEEDING COMMENCED UNDER subsection 26(b) of the Expropriations Act, R.S.O. 1990, c. E.26, as amended Claimant: Shergar Development Inc. Respondent: City of Windsor Subject: Land Compensation Property Address/Description: Lands located between Riverside Drive and University Avenue Municipality: City of Windsor OMB Case No.: LC130034 OMB File No.: LC130034 OMB Case Name: Shergar Development Inc. v. Windsor (City)
Heard: March 14 and 15, 2017 in Toronto, Ontario
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APPEARANCES:
Parties Counsel
Shergar Development Inc. Ronald Moldaver
City of Windsor Stephen Waqué and Gabrielle Kramer
DECISION DELIVERED BY R. G. M. MAKUCH AND ORDER OF THE BOARD
[1] This decision is with respect to a re-hearing of this matter pursuant to s. 43 of the Ontario Municipal Board Act (“OMBA”) as ordered by Bruce Krushelnicki, Executive Chair, Environment and Land Tribunals Ontario and S. Wilson Lee, Associate Chair (Retired), Ontario Municipal Board (“Board”) by correspondence dated December 8, 2016 following a request by counsel for the City of Windsor (“City”).
[2] The request for review by the City arises out of the decision of Members J. E. Sniezek and M. Carter-Whitney issued on May 25, 2016 (“Decision”) with respect to the compensation payable by the City for the expropriation by it on April 29, 1998, of land owned by the Claimant, Shergar Developments Inc. (“Shergar”). The expropriated lands are located on the south shore of the Detroit River and north side of Riverside Drive West, extending west from Caron Avenue to just west of Elm Street. As of the expropriation date, the subject lands were owned by Shergar and mortgaged back by Canadian Pacific Railway Company (“CPR”).
[3] Messrs. Krushelnicki and Lee directed that paragraphs 49 to 61 of the above noted decision be rescinded and that a re-hearing of this matter be held to hear submissions on the following issues:
(1) What is the quantum of compensation upon which interest is payable to Shergar?
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(2) How is the amount of interest on the compensation awarded to be calculated? (3) How are costs to be disposed of?
[4] The materials before the Board on this s. 43 of OMBA review consist of the following:
a) City of Windsor Memorandum of Fact and Law, dated March 10, 2017; b) City of Windsor Reply Submission, dated March 12, 2017; c) City of Windsor Compendium of Documents, dated March 10, 2017; d) City of Windsor Brief of Authorities, dated February 28, 2017; e) City of Windsor Book of Authorities, dated March 12, 2017; and f) Shergar Developments Inc. Memorandum of Fact and Law, dated March 9, 2017.
City’s Position
[5] The City argues that the lengthy delays and conduct of the Claimant in this case present a very strong case for denial of interest and denial of costs. The City maintains that Shergar, actively delayed the determination of compensation for almost 18 years and finally elected to proceed with its compensation claim, only after CPR had commenced its claim, gambling that the costs of a meritless claim would be covered by the costs provisions of the Expropriations Act (“Act”) and should not be rewarded for maintaining frivolous litigation by an award of interest that is far in excess of the rates payable under the Courts of Justice Act.
[6] It is noted that the City settled the claim by CPR in relation to its interest as mortgagee in the compensation payable, inclusive of interest and costs with CPR, assigning to the City all of its residual rights in the compensation claim, including interest under the Act.
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[7] The amount of compensation awarded to Shergar and attracting interest is expressly limited by s. 33(1) of the Act to Shergar’s interest in the compensation payable. This amount is $266,832.82, as found by the Board in paragraph 50 of the Decision.
[8] The hearing did not take place until almost 18 years after the expropriation due to the conduct of Shergar in delaying the determination of compensation payable and this extraordinary delay should result in a reduction of the period for which interest is payable as provided for by s. 33(2) of the Act.
[9] Furthermore, counsel for the City argues that Shergar’s entitlement to interest should be limited to “the portion of the market value of the owner’s interest in land”, in accordance with s. 33(1) of the Act. Thus, the total interest payable to Shergar should be from July 5, 2013 at the earliest, to the date of payment, at 6%, on $266,832.00.
[10] The City maintains that it made a formal offer to settle Shergar’s claim for compensation on June 2, 2015, but was unsuccessful and as a result, was required to incur the costs of a two week hearing and that the Board should deny Shergar its costs from the date of the this offer, including its costs of the hearing in that the hearing result was substantially less than the formal offer. The City also maintains that the Board should award the City its costs from the date of the offer.
Shergar Position
[11] Shergar argues that the decisions by Members Sniezek and Carter-Whitney, dated May 25, 2016 and that of Vice-Chair K. J. Hussey dated February 19, 2016 are correct, informative and very persuasive.
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[12] The City has appealed the decision dated May 25, 2016 to the Divisional Court and should be left to that remedy if it is dissatisfied with the above referenced Decision, which should be reaffirmed.
[13] Counsel for the Claimant argues that the Act is clear as to the award of interest and costs including the jurisdiction of the Board to vary the statutory prima facie rate of interest of 6%. Counsel maintains that there is no discretion as to costs while there is some discretion as to interest.
[14] Once the threshold value of more than 85% of the statutory offer is exceeded by an award of the Board, the costs award is statutorily mandated. Counsel for Shergar argues that the statutory offer was exceeded, exclusive of interest and as well that the importation of the Rules of Civil Procedure into the Board’s Rules of Practice and Procedure (“Rules”), with respect to offers to settle is manifestly unsustainable because to do so would allow the Civil Rules to override a controlling statute, the Expropriations Act.
[15] The Rules of Civil Procedure on offers to settle are applicable generally to civil litigation in the Province and are Regulations passed pursuant to the Courts of Justice Act.
[16] The Act also provides that an owner is entitled to interest at the rate of 6% a year on any award and that the Board has jurisdiction to vary the rate or the time for which the interest is payable, which it did in this case.
[17] In its Decision dated May 25, 2016, the Board clearly heard and understood the submissions of the City, agreed in part with the City as to rate and period for which interest was payable, gave reasons, and, accordingly, its award of interest ought not to be disturbed.
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[18] The City had and continues to have the benefit for many years of not having to pay the owner and thus has not incurred any interest cost and has benefitted accordingly. In short, the City has not paid or suffered interest and has benefitted from retaining the monies since expropriation.
[19] Members Sniezek and Carter-Whitney clearly took into account Shergar’s delay in getting to the hearing and punished it accordingly in the matter of interest by reducing the interest payable to 3% on the award for the period January 1, 2008 to July 4, 2013,as it was entitled to do pursuant to the Act.
Findings
[20] The Board has carefully considered the submissions of counsel for the City and Shergar and finds that the decision should be clarified in accordance with these findings.
Background
[21] The record before the Board on this re-hearing shows that: the subject lands were acquired by Shergar from CPR in 1995, together with a second parcel, which was not contiguous with the subject lands being separated by Riverside Drive, a municipal road.
[22] Despite difficulties getting access to the subject lands to undertake environmental studies, the City served a joint offer of compensation on Shergar and CPR on December 21, 1998 in accordance with s. 25(1) of the Act, and subsequently took possession of the subject lands.
[23] Shortly thereafter on January 12, 1999, Shergar’s then counsel advised it would accept the without prejudice offer and make arrangements with CPR to sign the
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acceptance of offer. The City responded promptly on January 14, 1999, wanting to advance the s. 25 payment, and inquiring as to the quantum of CPR’s security interest so that it could comply with the Act.
[24] Instead, Shergar maintained up until examinations for discovery in June 2014 that it did not need to assist with an allocation of the compensation and that an allocation was irrelevant.
[25] The City was unable to make payment of the s. 25 offer because it was unable to obtain an allocation given Shergar’s refusal to co-operate.
[26] The City requested on June 9, 1999 that the Board of Negotiation (“BON”) set a date to negotiate the compensation payable since it was unable to get a response to its request for an allocation from Shergar. It appears from the evidence before the Board that Shergar was not anxious to proceed to a determination of compensation at the BON as it was awaiting the results of an appeal to the Federal Court of Appeal which in its view, would impact the validity of the expropriation. Shergar was also suggesting that it might commence a proceeding to challenge the expropriation.
[27] The BON set August 26, 1999, as the date for negotiation and at that time, Shergar advised that it would be commencing proceedings to challenge the expropriation and initially proposed a challenge on the basis that the City unlawfully expropriated a federal undertaking. Shergar had participated in 1998 in a hearing of the Canadian Transportation Agency (“CTA”), which determined that the railway works on the subject lands were not a federal undertaking.
[28] On January 6, 2000, Shergar’s counsel advised the BON that it had completed an application in the Ontario Superior Court of Justice to challenge the expropriation on the basis that it was ultra vires the City and in bad faith, and that the application would be served before January 21, 2000. No such application had been served by
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September 2000; instead, Shergar participated as a party at the Federal Court of Appeal which upheld the CTA’s finding that there was no federal undertaking on the subject lands at the time of abandonment of the railway.
[29] Shergar’s challenge to the expropriation commenced in January 2001, culminating in a 20-day trial in the Ontario Superior Court of Justice commencing on September 9, 2004 and ending on October 15, 2004. The Court concluded that the expropriation was valid and that Shergar’s claims of bad faith were without merit. Shergar’s appeal of that decision was rejected by the Ontario Court of Appeal on September 28, 2007, some nine-and-one-half years after the expropriation.
[30] At that time, Shergar owed costs to the City in excess of $521,137.36, with post- judgment interest accruing at a rate of 4%, from October 18, 2005 arising out of the trial as well as additional costs of $40,000, with interest at a rate of 6% from September 28, 2007, arising out of the failed appeal.
[31] Rather than proceeding to a determination of compensation, Shergar next brought a professional negligence claim against its former lawyers, who had acted for it on the purchase of the subject lands from CPR by issuing a Statement of Claim in the Ontario Superior Court of Justice on April 25, 2008. The claim was amended on May 21, 2008 showing that Shergar was holding the expropriation claim in “abeyance” until resolution of its further civil claim. A resolution was reached on May 10, 2011 when a consent order dismissing the action was issued.
[32] Members Sniezek and Carter-Whitney at paragraphs 55-56 of the Decision found that Shergar offered no legitimate explanation as to why it delayed issuing its Notice of Arbitration until July 5, 2013. The Board also found that Shergar’s litigation against its solicitors had no bearing on the value of the land and as a result, reduced the interest payable from January 1, 2008 to July 4, 2013.
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[33] Shergar did not issue its claim for compensation until July 5, 2013, after the issuance by CPR of its claim on April 26, 2013 and the City’s request that Shergar commence its claim to be heard together with that of CPR.
[34] No appraisal was prepared on behalf of Shergar respecting the subject lands until December 30, 2011, some 14 years after the expropriation.
The Quantum of the Award upon Which Interest is Payable to Shergar
[35] It is noted that the determination of the market value of the subject lands at $710,000 as set out in paragraph 48 of the Decision is not under review.
[36] The City is asking the Board to confirm that interest is payable to Shergar on its entitlement to compensate in the amount of $266,832.82, which is the resulting amount owing to Shergar after the amount owed to the mortgagee CPR is paid or deducted from the award.
[37] Shergar on the other hand maintains that interest should be paid on the full amount of the award, which would mean a calculation of interest based on the sum of $710,000.
[38] As noted above, the Board determined that market value of the subject lands at the valuation date was $710,000. The amount of compensation owed to CPR for its mortgage interest in the subject lands as of the valuation date was $443,167.18. The Board accepted the City’s allocation of the outstanding mortgage between the subject lands and what was referred to as the “Railcut Lands”. Accordingly, Shergar’s interest in the compensation payable was $266,832.82 as set out in paragraph 50 of the Decision.
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[39] Section 33 is the key provision of the Act giving rise to entitlement of interest. The language used clearly states that each registered owner is entitled to interest on its proportional share of the Board’s award of market value.
[40] Shergar relies on s. 17(3) of the Act as authority for its method of calculation. The section states that “security holders shall be paid the amount of principal and interest outstanding against the security out of the market value of the land”. It does not state that a security-holder is to be paid out of the market value and the interest entitlement. If the legislature had intended as much, the Act would have been precise on this point. Shergar’s approach however, fails to recognize the distinction between the Board’s finding of the subject lands’ market value and the Board’s finding of Shergar’s proportionate interest in the compensation for market value. The Board found that the expropriated land had a market value of $710,000 and that Shergar’s proportionate interest in the market value was $266,832.82.
[41] Section 33(1) of the Act states that a claimant is only entitled to statutory interest on the portion of the market value of the owner’s interest:
Subject to subsection 25 (4), the owner of lands expropriated is entitled to be paid interest on the portion of the market value of the owner’s interest in the land and on the portion of any allowance for injurious affection to which the owner is entitled, outstanding from time to time, at the rate of 6 per cent a year calculated from the date the owner ceases to reside on or make productive use of the lands.
[42] The plain and ordinary language of s. 33(1) provides that a claimant “is entitled to be paid interest on the portion of the market value” of that owner’s interest in the land as found by the Board. It does not state that, in the case of the underlying landowner, that interest is to be applied to the whole of the Board’s finding of market value. As noted, the Board found Shergar’s interest in the subject lands to be equivalent to $266,832.82, and that finding has not been rescinded or appealed.
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[43] The meaning of “owner” in s. 33(1) must be considered with reference to the definition of “owner” in s. 1. An “owner” includes any party with any interest in land at the valuation date and includes a mortgagee. The Act also defines a security-holder as any person who holds an “interest in land”:
“owner” includes a mortgagee, tenant, execution creditor, a person entitled to a limited estate or interest in land, a guardian of property, and a guardian, executor, administrator or trustee in whom land is vested; A mortgage is a charge in land. .
“security holder” means a person who has an interest in land as security for the payment of money
[44] There is no dispute as to CPR being a mortgagee and security-holder with respect to the subject lands on the Valuation Date and it is therefore an “owner” within the meaning of “the owner of the lands expropriated” pursuant to s. 33(1) of the Act. CPR’s proportionate ownership interest in the expropriated lands must therefore be taken into consideration when interpreting and applying s. 33(1).
[45] Section 33(1) does not narrow the definition of an “owner” to only include those holding a fee simple interest on the Valuation Date. The plain and ordinary interpretation of this provision requires that interest can only be applied to the amount of compensation that is actually awarded to a claimant.
[46] Both Shergar’s fee simple title and CPR’s mortgage interest in the subject lands were converted into claims for compensation as against the City when the City expropriated the subject lands. CPR was thereby entitled to a claim for compensation out of the Board’s determination of market value equal to the balance outstanding on the mortgage. The Board’s statutory mandate is to determine the share of compensation owed to each party with an interest in the subject lands.
[47] Both Shergar and CPR are owners with a claim to a portion of the compensation for market value. Section 33(1) therefore requires that the Board’s determination of the
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interest entitlement must be applied to each of Shergar and CPR’s proportionate share of market value as at the Valuation Date. No other provision of the Act operates to qualify or alter this plain reading interpretation of s. 33(1).
[48] Shergar did not provide the Board with any authorities to support its assertion that the underlying landowner is entitled to statutory interest applied on the entire quantum of the market value, which would be unjust since an expropriating authority would be paying interest twice on the security holder’s interest and on the fee simple owner’s interest. The approach advocated by the City on the other hand is supported by the jurisprudence (Sankey v. King (Township), 1973 CarswellOnt 538 (“Sankey”), and Coltman v. Metropolitan Separate School Board (No. 2), 1975 CarswellOnt 1315 (“Coltman”)).
[49] The Board agrees with counsel for the City’s submission that Shergar’s method of applying interest entitlement to the entire Board’s finding on market value and then deducting CPR’s interest is contrary to the Act and would result in over-compensation to Shergar. But for the settlement, CPR would be entitled to interest in the compensation on its interest in accordance with the Act. However, CPR assigned to the City its continued interest in the compensation claim. To the extent that CPR settled for less than its full interest in the compensation payable, the remaining Claimant, Shergar, is not entitled to a windfall receipt of that money.
[50] Furthermore, Shergar also fundamentally misconstrued the meaning of s. 16 when it relied on that section for the proposition that the interest entitlement is to be applied to the Board’s entire award of Market Value. Section 16 reads as follows:
Where there are more separate interests than one in land, other than the interest of a security holder or a vendor under an agreement for sale, the market value of each such separate interest shall be valued separately.
[51] This section simply specifies that if the land is subject to multiple ownership interests (such as a co-tenancy), the Board must value those interests individually. The
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“exclusion” for security-holders in s. 16 does not mean that security-holders are not to be paid the interest entitlement under s. 33(1).
[52] Subsection 17(3) states that the security-holder’s entitlement to compensation shall be based on the amount of principal and interest outstanding against the security, which is to be paid out of the award for market value. The City’s calculation does just that by calculating CPR’s entitlement to compensation based on the outstanding balance owed to it under the terms of the mortgage.
[53] The present case was complicated by Shergar’s failure to provide an allocation of the mortgage with CPR as at the Valuation Date and its failure to accept the s. 25 Offer. Statutory interest is generally only applied to the underlying landowner’s interest because the expropriating authority can discern the value of a mortgage interest and make a s. 25 Offer jointly to the owner and mortgagee in accordance with their respective interests. The owner would normally accept the advance payment, pay off the mortgage balance with the mortgage being discharged prior to the owner advancing a claim for additional compensation.
[54] If Shergar’s interpretation on this issue was to be accepted, claimants whose lands are encumbered by a mortgage with a large balance outstanding would have no incentive to accept the statutory offer and proceed to discharge the mortgage. They could simply avoid settling the outstanding balance under the mortgage until after the determination of compensation and then reap the windfall of an interest entitlement applied to 100% of the market value of the expropriated lands.
[55] Section 33 states that statutory interest is to be applied on Shergar’s proportionate share of the market value, not the Board’s award of market value. If CPR had not settled with the City, the Board would have found that Shergar was entitled to an award of $266,832.82 and CPR would have been entitled to an award of
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$443,167.18. The statutory interest entitlement would then be applied to each claimant’s award of market value individually.
[56] Furthermore, Shergar’s approach erroneously confuses the interest paid to CPR pursuant to the mortgage and the statutory interest entitlement under the Act, which are distinct concepts. The amount of principal and interest owed on the mortgage as at the Valuation Date is the basis for the proportional interests between Shergar and CPR. The non-statutory interest pursuant to the terms of the mortgage agreement between Shergar and CPR does not mean that Shergar is entitled to interest on the entire $710,000.
[57] The Board agrees with counsel for the City’s argument that the purpose of the interest entitlement is to compensate an expropriated owner including a mortgagee for the time it must wait from the date upon which it loses productive use of the lands until the date upon which the Board determines compensation. CPR’s interest in these proceedings had never been determined and would have been before the Board, but for CPR’s decision to settle with the City. CPR assigned any residual interest it might have in the compensation to the City, including to interest on its proportional share of the market value.
[58] It is trite to state that the intent of the Act is to make an expropriated owner whole. Shergar is made whole by receiving interest on the portion of market value it is entitled to and would actually receive a windfall if it were awarded interest on the entire $710,000 of the market value.
[59] The Board finds that that an interpretation of ss. 1, 17, and 33 of the Act makes it clear that statutory interest is only to be applied to an owner’s proportionate interest in the compensation for market value. This interpretation pays an owner interest for the time it would wait for a determination of compensation of the money to which the owner is actually entitled. Decisions by the courts and the Board in Sankey and Coltman
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supra, support that interpretation. Shergar has not provided any authority supporting a conflicting interpretation. Consequently, the interest entitlement should be applied on Shergar’s proportionate interest in the market value compensation, that being $266,832.82 and not $710,000.00.
The Calculation of the Amount of Interest on the Quantum Awarded
[60] The City had asked the Board at the hearing of this matter that Shergar’s conduct following the issuance of the Notice of Expropriation was to actively delay the determination of compensation to the extent that the Board should exercise its discretion to reduce payment of interest on the award. The record shows that there were a number of collateral actions initiated by Shergar, which delayed the determination of compensation. Shergar on the other hand argues that the Board in the Decision took into consideration the City’s concerns and accordingly reduced the interest payable to 3% on the award for the period January 1, 2008 to July 4, 2013.
[61] Section 33(2) of the Act provides the Board with broad discretion to vary the amount and time of a claimant’s statutory interest entitlement.
[62] The City argues that Shergar delayed a determination of compensation in these proceedings for 18 years, and provided no good reasons for doing so and relies on the following uncontested facts and chronology for considering entitlement to interest, if any:
1) Shergar delayed the making of the offer of compensation by first refusing access to conduct environmental testing in March 1998; 2) The order granting access was dated July 29, 1998; 3) Possession took place in December 1998, after the December 21, 1998 offer of compensation; 4) Shergar initially advised the City that it would accept the Section 25 Offer and then failed to respond; 5) Shergar failed to respond to the City’s requests to provide an allocation under the mortgage so that it could determine the advance payment, both to Shergar and CPR;
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6) Shergar participated in proceedings at the Canada Transportation Agency in 1998, seeking to have the lands declared a federal undertaking, immune to the City’s expropriation powers; 7) The City attempted to resolve compensation before the Board of Negotiation in 1999, but Shergar declined to participate as it awaited the results of proceedings at the Federal Court of Appeal, to review whether the lands were a federal undertaking. Shergar also advised it would commence a legal challenge; 8) Shergar commenced its challenge to the expropriation in 2001, after the Federal Court of Appeal declared that the lands were not a federal undertaking in September, 2000; 9) After the dismissal of Shergar’s appeal of the meritless legal challenge, it proceeded to take legal action against its former lawyers in 2008; 10) The professional negligence claim was resolved in 2011; 11) Sherger took no effective steps between 2011 and 2013 to commence its claim and finally piggy-backed onto CPR’s claim with the help of the City;
[63] It is quite clear to the Board based on the evidence before it, that given CPR’s substantial security interest, Shergar preferred to pursue whatever other possible remedies were available to it rather than pursue a claim for compensation. Pursuit of these other remedies against the City resulted in a costs obligation greater than the City’s market value appraisal. Allowing interest at the statutory rate in these circumstances would be seen as condoning the excessive and unreasonable delay in a case that was not supported by credible evidence according to Members Sniezek and Carter-Whitney. It is evident that the claim should have been settled many years ago. The Board finds under these circumstances that it would not be unfair to deny/reduce interest payable to Shergar.
[64] Board jurisprudence supports the practice of denying interest for periods during which expropriations are being challenged with no good reason instead of advancing a claim for compensation before this Board (Coltman, supra and Re/Max Sudbury Inc. v. Sudbury (City), 2004 CarswellOnt 7496 (“Re/Max”)).
[65] The Board agrees with counsel for the City that Shergar’s conduct in delaying the determination of compensation until 18 years after the expropriation was significantly more egregious than the conduct in both the Coltman and Re/Max cases and that
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Shergar’s conduct should not be rewarded with 18 years’ worth of statutory interest when very little of that time was devoted to pursuing its claim. The City argues that the Board should exercise its discretion and award interest at the earliest, from July 5, 2013.
[66] Counsel for Shergar in his submission on the issue of variation of interest relied on the Decision of Vice-Chair Hussey issued on February 19, 2016 in this matter, regarding the relevance of the pleadings and other documents that were part of the Shergar claim against its former solicitors.
[67] The Board agrees with counsel for the City that the issue before Ms. Hussey was a completely different question than the issue under review. Ms. Hussey’s findings were made in the context of an undertakings motion resulting from examination for discovery. The City had sought disclosure of documents from Shergar’s claim against its former solicitor in order to determine if Shergar had been awarded any monies in that proceeding and it is clear from the decision that Ms. Hussey determined that those documents were not relevant to the determination of market value and that she did not make any determination on whether the claim against Shergar’s collateral litigation was relevant to the question of delay and variation of interest stating that the Board agreed and found that the information requested was not relevant to the determination of the market value of the subject lands.
[68] The key consideration under s. 33 of the Act is whether the conduct of the claimant caused delay in a determination of compensation and it is quite clear from the record that the City made all attempts possible to make an early payment of compensation to Shergar but that Shergar persistently resisted those efforts by pursuing groundless litigation.
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[69] Accordingly, Shergar will be entitled to interest at the rate of three percent up to July 5, 2013 on the amount of $266,832.82 and at the statutory rate of six percent thereafter.
Costs
[70] The issue of costs is under review since it was found that the Board awarded costs to Shergar without first allowing the City to make submissions or explore prior offers despite the City specifically requesting the opportunity to do so following the disposition of the Board as to the quantum of the award.
[71] The record shows that on June 2, 2015, the City made a formal offer to settle Shergar’s claim equivalent in value to $1,208,155.98 (as at the date of the Hearing) as compensation for Shergar’s interest in the subject lands (“Offer”). This offer had been ordered sealed by the Board but was unsealed by the Board at the re-hearing of this matter on consent of the parties. It comprised the following items:
a) Forgiveness of the costs owed by Shergar to the City for the action in the Superior Court of Justice. The costs awarded were $521,137.36, which attracted interest at 4% x 3,787 days = $216,275.57, which resulted in total costs owed of $737,412.93, as at the commencement of the Hearing; b) Forgiveness of the costs owed by Shergar to the City for the appeal to the Ontario Court of Appeal. Costs awarded were $40,000, which attracted interest at 6% x 3,077 days = $29,246.66, which resulted in total costs owed of $60,246.66 as at the commencement of the Hearing; and c) Discharge of the mortgage monies owed to CPR valued at $810,496.39 at the commencement of the hearing minus $400,000 respecting the amount that the City paid to CPR to settle its interest in the subject lands thereby representing a total of $410,496.39 at the commencement of the Hearing.
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[72] The CPR claim was settled prior to the hearing with the City obtaining an assignment of CPR’s rights to compensation. The settlement also expressly preserved CPR’s rights under the mortgage with respect to what was referred to as the Railcut Lands. Shergar had paid interest under the mortgage to CPR until October 9, 2007 and there was no basis to award interest on the total amount of compensation owing during this period since CPR was already fully compensated for its mortgage interest during that period of time.
[73] As at March 7, 2016, the amount owing under the CPR mortgage was $811,318.25, less the settlement amount of $400,000.
[74] The real estate appraisers who gave evidence at the hearing had quite divergent views as to the fair market value of the subject lands of $5,150,000 and $3,937,000 for Shergar and $710,000 for the City. It is noted that the property had been appraised at $475,000 in 1994 by one of the appraisers, who co-signed the appraisal valuing the property at $3,937,000 relied on by Shergar at the hearing.
[75] The Board rejected the Shergar appraisers’ opinions and found the analysis in the appraisal report to be inadequate, inappropriate and unreasonable and as a result unreliable. Members Sniezek and Carter-Whitney found that the Shergar appraisers had not fulfilled their duty to provide the Board with opinion evidence that is fair, objective and non-partisan and accepted the City’s estimate of fair market value of the subject lands of $710,000. The City maintains that Shergar should be denied its costs since it unreasonably maintained a claim based on evidence that was entirely rejected by the Board and failed to accept an offer of settlement that was substantially more generous than the Board’s award. The unnecessary two week hearing resulted in a valuation of the Shergar interest in the subject lands at $266,832.83, when it should have accepted the City’s June 2, 2015 Offer valued at $1,208,155.98.
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[76] The Board agrees with the City’s argument that the Act should not be interpreted so as to permit the funding of unreasonable claims with no costs risk. While it is important to ensure that an owner has been fairly compensated, it is also important that there be a just determination of compensation in an expeditious and cost effective manner and that negotiation is encouraged to promote early settlement. Costs incentives play a key role in the overall statutory scheme.
[77] Under s. 32(2) of the Act, the Board exercises discretion to make any order respecting costs where the amount awarded by the Board is “less than 85 percent of the amount offered by the statutory authority.”
[78] It reads as follows:
Where the amount to which an owner is entitled upon an expropriation or claim for injurious affection is determined by the Board and the amount awarded by the Board is less than 85 per cent of the amount offered by the statutory authority, the Board may make such order, if any, for the payment of costs as it considers appropriate, and may fix the costs in a lump sum or may order that the determination of the amount of such costs be referred to an assessment officer who shall assess and allow the costs in accordance with the order and the tariffs and rules prescribed under clause 44 (d) in like manner to the assessment of costs awarded on a party and party basis.
[79] This section refers the “amount offered” and does not cross-reference s. 25 of the Act to narrow the meaning of “amount” to the offer made under that provision. It does however, expressly cross-reference s. 44(d) regarding regulations applicable to costs. It is a well-established principle of statutory interpretation that when a provision mentions one item, but not another, there is a presumption that the omission was deliberate. One must therefore presume that the legislature did not intend to limit the “amount offered” to only mean the s. 25 Offer (G. v. Pilot Insurance Company, 2008 CarswellOnt431; CanLII 2602 (ON ONSCDC)).
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[80] Rule 141 of the Rules specifically provide for consideration of subsequent offers and states that if an offer to settle is made and it is not dealt with in the Act, the Rules of Civil Procedure apply.
[81] Rule 49 of Rules of Civil Procedure prescribes a procedure for determining if a failure to accept an offer to settle engages costs consequences. Rule 49.10(2) provides that a defendant/respondent is entitled to costs from the date of service of the offer so long as the following criteria are met:
(a) An offer is made at least seven days before the commencement of the hearing, (b) The offer is not withdrawn; and (c) The award received is less favourable than the offer to settle.
[82] The Board and the Divisional Court have awarded costs to an expropriating authority based on the principles of Rule 49 arising from offers made outside the expropriating authority’s obligations under s. 25 (Green-Life Proteins Ltd. v. Ontario (Ministry of Transport & Communications), 2002 CarswellOnt 4685; 77 L.C.R. 155, and Willies Car & Van Wash Ltd. v. Simcoe (County), 2016 ONSC 5786 (Div Ct)).
[83] The Board is empowered to award costs after any hearing event and, in addition to specific provisions respecting expropriations, may also award costs against a party whose conduct has been vexatious, frivolous, or unreasonable.
[84] The record shows that the City’s Offer was significantly more generous than the Board’s award and the Board is inclined to deny costs to Shergar and award costs to the City from the date of the offer, which was sufficiently certain to engage costs consequences.
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[85] The Board finds that the City’s Offer of June 2, 2015 met the criteria of an offer pursuant to Rule 49 of the Rules of Civil Procedure. The offer was certain, understandable, and open until the commencement of the hearing.
[86] In Rooney (Litigation Guardian of) v. Graham, 2001 CanLII 24064 (ON CA) (“Rooney”) at paragraph 44, Justice Laskin writing for a majority of the Ontario Court of Appeal held that an offer inclusive of ongoing solicitor costs can be sufficiently certain to engage costs consequences. Even though these offers effectively escalate or diminish over time depending on who makes the offer, the key determinant is whether the party wishing to rely upon the costs consequences of the offer can sufficiently demonstrate that the offer was indeed more or less favourable than the resulting judgment:
It seems to me, however, that in evaluating a Rule 49 offer any "uncertainty" that arises from a provision for costs should only be relevant in deciding whether the party relying on the offer has met its burden of proof under rule 49.10(3). In other words, uncertainty or lack of clarity in an offer may prevent a party from showing that the judgment it obtained was "as favourable as the terms of the offer to settle, or more or less favourable, as the case may be”. I do not think the court should interpret Rule 49 in a way that limits the creativity of the bar in fashioning offers to settle. A party wishing to make its offer more, or less, attractive by including a provision for ongoing solicitor-and-client costs should be free to do so. If the drafters of the rule had intended that Rule 49 offers could not contain a provision for ongoing costs or a provision for ongoing solicitor-and-client costs, presumably they would have said so, and rule 49.07(5) would have been worded differently.
[87] The City’s Offer was easily discernable and was based on the quantum of the existing amounts payable to the City from the civil proceedings between the City and Shergar and was inclusive of interest and costs. The interest on the unpaid costs awards was easily calculable on any given day from the date of service of the Offer up to the day of the hearing. The fact that this figure escalated over time does not create any ambiguity in the Offer.
[88] In Hayden v. Stevenson et al., 2010 ONSC 633 (CanLII), Justice Ferguson in obiter confirmed that Justice Laskin’s reasoning in Rooney, supra, also applied to
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instances where the inclusion of costs in an offer to settle had the effect of diminishing the offer over time:
I agree with the second line of cases. Despite the fact that the Stevensons’ offer is substantially similar to the offer in Yepremian v. Weisz, supra, the majority in Rooney, supra, found that an offer inclusive of solicitor-client cost consequences may come within the ambit of rule 49. This proposition applies to diminishing offers brought by a defendant as well. Although the plaintiff’s offer in Rooney, supra, escalates as time goes by, an offer brought by a defendant would logically diminish in order to provide an incentive for a plaintiff to accept the offer. Therefore, the fact that the Stevensons’ offer diminishes does not disqualify the offer from coming within Rule 49.
[89] The Board has discretion to deny costs to a claimant and award costs to an authority under s. 32(2) of the Act and finds that Shergar’s conduct, viewed in its totality, is a factor relevant to the Board’s exercise of discretion in awarding costs.
[90] The Board notes that Shergar’s conduct in refusing to accept a reasonable offer to settle put the City to extraordinary costs by forcing the City to proceed to a two week hearing where Shergar led expert evidence which was not only rejected by the Board, but was held to be not “fair, objective and non-partisan”. This required the City to expend significant extra costs on its own experts to respond to a variety of groundless arguments advanced by Shergar respecting the development potential of the subject lands.
[91] The Board finds based on the principles underlying s. 32 of the Act and Rule 49 of Rules of Civil Procedure, and taking into account Shergar’s conduct in these proceedings that it should exercise its discretion to deny Shergar its reasonable legal, expert, and appraisal fees following service of the Offer and award costs to the City.
[92] The costs consequences in s. 32(1) are not triggered by the Board’s overall determination that market value was $710,000. Rather, these depend on an analysis of whether the compensation actually awarded to Shergar beats 85% of the City’s Offer.
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[93] The Board rejects Shergar’s contention that the Decision of Vice-Chair Hussey dated February 19, 2016 determined that Shergar is automatically entitled to costs. Paragraph 20 of the Board’s May 25, 2016 Decision is not a finding that Ms. Hussey’s decision was res judicata on this issue, nor could it be.
[94] Ms. Hussey’s decision was an interim decision, not a final decision and it was made on a completely different question. Ms. Hussey made a determination that the City was not entitled to security for costs at that point in the proceedings. A motion for security for costs can be brought at almost any time in the proceedings and is based on the factual record as it exists at that moment. It does not dispose of substantive issues between the parties and therefore cannot possibly be a final decision. Moreover, the question of whether a party is entitled to security for costs is a different question from whether a party is entitled to costs following a determination of the case on the merits. It is clear from the facts that Vice-Chair Hussey could not have decided the matter of costs based on the 2015 Offer as she acknowledged in her decision that she had not read the Offer.
[95] The Board also specifically rejects Shergar’s contention that Ms. Hussey concluded that the Offer was confusing and that she made that conclusion on a full evidentiary record. Ms. Hussey acknowledged in her decision that it was not apparent to the Board what the Rule 49 Offer was comprised of and whether the s. 25 Offer was actually exceeded as she could not have properly considered a document that she declined to accept and review.
[96] The issues of res judicata and issue estoppel respecting Ms. Hussey’s decision were before the Board and rejected by it when it made a determination that paragraphs 49-60 of the Decision be rescinded.
[97] It is well-established that the application of issue estoppel requires, inter alia, that the decision in the first proceeding was (1) a final decision, and (2) that the decision
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involved the same question. The party seeking to rely on issue estoppel must definitively establish that the previous proceeding rendered a final decision on the very same question. In R v. Van Rassel [1990] 1 S.C.R. 225, the Supreme Court stated that issue estoppel “applies only in circumstances where it is clear from the facts that the question has been decided.”
[98] The Board finds that the City made a valid Rule 49 Offer to Shergar and that there is no difficulty in interpreting the quantum of the Offer and comparing same to the Board’s determination of compensation payable to Shergar. The Offer was significantly greater than the quantum of compensation awarded to Shergar and did not achieve the 85% threshold.
[99] Accordingly, Shergar will be denied its cost from the date of the Offer made on June 2, 2015. Furthermore, the City will be entitled to its costs from this date forward. The assessment of costs shall be referred to an assessment officer of the Superior Court of Ontario for determination.
“R. G. M. Makuch”
R. G. M. MAKUCH VICE-CHAIR
If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Consolidated Agenda - February 5, 2018 Page 55 of 131 '%H3 Council Correspondence Item No. 7.1.2. From: John Dickert [mailto:[email protected]] Sent: Wednesday, January 17, 2018 12:00 PM Cc: Melissa A. Soline Subject: Call for Resolutions - Great Lakes and St. Lawrence Cities Initiative
Dear Members of the Great Lakes and St. Lawrence Cities Initiative:
It is time once again for our annual call for resolutions. The resolutions we pass as a membership are important statements on key Great Lakes and St. Lawrence issues that carry significant weight with other orders of government, other stakeholders/ and the general public. They also serve as a guide during the course of the year as issues arise that we need to address as an organization.
In order to have the best possible resolutions, we would like you to consider and submit ones that you believe are important for local governments to develop so that our positions on the key issues are stated clearly and communicated effectively. If you would like to look at some of the resolutions from past years, please go to our web site at www.glslcities.org/resolution-statements/resolution.cfm. General guidelines for developing resolutions include:
1. Resolutions should be consistent with Cities Initiative existing policy statements on issues; 2. Resolutions should be consistent with previously approved resolutions; 3. Resolutions should be consistent with the overall mission and goals of the Cities Initiative; 4. Disputes between or among local governments are not considered appropriate for resolutions; and 5. Resolutions should be submitted in the attached template format (Word document).
As a reminder, we have a formal process to submit and review resolutions before they are considered by the membership at the Annual Meeting. The goal of the process is to provide transparency to members on the review of submitted resolutions as well as to ensure resolutions that go to the membership for consideration are consistent with the organization's policies and approved resolutions. Key elements of the process include:
1). Review of all submitted resolutions by an Operations Committee (comprised of members and directors) to ensure they are consistent with existing policy statements, approved resolutions, and the overall mission of the organization. As noted above, resolutions that address local disputes are not appropriate for consideration at the Annual Meeting. 2). If a member submits a resolution and it is not recommended for consideration at the Annual Meeting, the member can bring the resolution forward for consideration at the Annual Meeting if two thirds (2/3) of members present vote to consider the resolution. 3). Per the formal resolution review process/ please use the attached template for your resolution submissions.
Please send your resolutions to Melissa SoHne (fVlelissa,so!ine@filslcities,org) no later than March 13, 2018 so that they can be reviewed and distributed in advance of the Cities Initiative Annual Members Meeting and Conference/ which will be held June 13-15, 2018 in AJax, Ontario (https://glslcities.orR/events/annual~meeting/ajax-2018/). If you have any questions/ please call Melissa Soline at 630-219-3293 / [email protected].
Thank you,
John Dickert | President and CEO Great Lakes and St. Lawrence Cities Initiative Office: 312.201.4516 | Mobile: 262.930.5555 glslcities.org • ^alslcities
Consolidated Agenda - February 5, 2018 Page 56 of 131 By Topic
Find past Resaiudons categorized by topic below,
Climate Change and Energy (Fossil Fuels and Renewables)
Government Agreements and Investments (including Great Lakes Compact/Waukesha)
Invasive Species and Ballast Water
St. Lawrence River
Shipping and Transportation
Shorelines, Harbors, and Readies
Water Levels, Flooding, and Ecosystem Protection
Water: Management, infrastructure, Consen/ation and Sustainability
Water Quality: Nutrients, Microbeads, Pharmaceuticals, Mercufy, and Rddioactive Waste
Basin-Wide, General and Miscelianeous
Consolidated Agenda - February 5, 2018 Page 57 of 131 Great Lakes and St. Laivrence Cities inltlativf? Alliance dys viilys dys Rfynds Lacs tit du SaJnt-Laui^n-t
GREAT LAKES AND ST. LAWRENCE CITIES INITIATIVE ALLIANCE DES VILLES DES GRANDS LACS ET DU SAINT-LAURENT
RESOLUTION -2018M
TITLE
Submitted by: [Name of Submitting Municipalityl
WHEREAS, ; and
WHEREAS,; and
WHEREAS,; and
WHEREAS, ; and
NOW, THEREFORE, BE IT RESOLVED, that;
BE IT FURTHER RESOLVED, that; and
BE IT FINALLY RESOLVED, that.
Consolidated Agenda - February 5, 2018 Page 58 of 131 Item No. 13.1
BY-LAW NUMBER 25-2018
A BY-LAW TO DESIGNATE THE BOUNDARIES OF THE CITY OF WINDSOR AS A COMMUNITY IMPROVEMENT PROJECT AREA
Passed the 5th day of February, 2018.
WHEREAS Section 28(2) of the Planning Act, R.S.O. 1990, as amended, provides that where there is an official plan in effect in a local municipality that contains provisions relating to community improvement in the municipality, the council of the municipality may, by by-law, designate all or any part of an area covered by such an official plan as a community improvement project area;
AND WHEREAS the Corporation has an official plan in effect which contains provisions relating to community improvement;
AND WHEREAS it is deemed desirable to designate the boundaries of the City of Windsor as a community improvement project area for the creation of a Building Facade Improvement Program and Urban Design Guidelines for Main Streets;
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. The boundaries of the City of Windsor is designated as a Community Improvement Project Area.
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 - February 5, 2018 Second Reading - February 5, 2018 Third Reading - February 5, 2018
Consolidated Agenda - February 5, 2018 Page 59 of 131 Item No. 13.2
BY-LAW NUMBER 26-2018
A BY-LAW TO ADOPT A COMMUNITY IMPROVEMENT PLAN FOR THE CITY OF WINDSOR BUILDING FACADE IMPROVEMENT PROGRAM AND URBAN DESIGN GUIDELINES FOR MAIN STREETS COMMUNITY IMPROVEMENT PROJECT AREA
Passed the 5th day of February, 2018.
WHEREAS by By-law Number 25-2018 passed the 5th day of February 2018, the Council of The Corporation of the City of Windsor designated the City of Windsor Building Facade Improvement Program and Urban Design Guidelines for Main Streets as a COMMUNITY IMPROVEMENT PROJECT AREA;
AND WHEREAS the COMMUNITY IMPROVEMENT PLAN attached hereto as Schedule “A” and forming part of this by-law for the said City of Windsor Building Facade Improvement Program and Urban Design Guidelines for Main Streets Community Improvement Project Area, conforms with the Official Plan of the City of Windsor;
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. That the COMMUNITY IMPROVEMENT PLAN attached hereto as Schedule “A”, is hereby adopted for the City of Windsor Building Facade Improvement Program and Urban Design Guidelines for Main Streets Community Improvement Project Area, as designated in said By-law Number XX-2018.
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 - February 5, 2018 Second Reading - February 5, 2018 Third Reading - February 5, 2018
Consolidated Agenda - February 5, 2018 Page 60 of 131 Item No. 13.3
BY-LAW NUMBER 27-2018
A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE FIFTH DAY OF FEBRUARY, 2018
Passed the 5th day of February, 2018.
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.
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 - February 5, 2018 Second Reading - February 5, 2018 Third Reading - February 5, 2018
Consolidated Agenda - February 5, 2018 Page 61 of 131 Item No. 18.1
Committee Questions: SCM 24/2018
Subject: Summary of Outstanding Council Questions as of January 23, 2018
Page 1 of 1
Consolidated Agenda - February 5, 2018 Page 62 of 131
As of January 30, 2018
OUTSTANDING COUNCIL QUESTIONS
Just a reminder that this is quoted from the 2004 Council report:
“overdue Council Questions (i.e., outstanding for 30 days or more) be responded to immediately.”
Outstanding:
2009 – 1 2015 – 6 2016 – 18 2017 – 34 2018 – 1
2009
Total Outstanding: 1
COUNCIL QUESTION – ISSUES RAISED MEMBER Gignac City Planner CQ22-2009 Deferred at Asks what options are available to Council to recommend address overintensification on property zoned ation of City RD.2.2, ie. the recent Askin issue where a double Solicitor duplex was appropriate but we were told it was to be used not as a four family housing development but as a student housing with 4 bedrooms per unit (16 bedrooms) with up to 32 people. Amenity areas, parking, etc., are geared to 4 families NOT 16-32 students, or itinerate residents. Legal to report back one’s ability to zone to intensity . GH/10286 (March 9, 2009)
1 of 15 Consolidated Agenda - February 5, 2018 Page 63 of 131 2015
Total Outstanding: 6
COUNCIL QUESTION – ISSUES RAISED MEMBER Bortolin City Planner CQ10-2015 Type of Have elections department prepare a report or Response response looking into any costs or obstacles Required involved with making changes to the election -Written Report sign by-law to have an official time period where signs are allowed to go up similar to other municipalities, whether it be 60 days before the set date or a fixed date similar to the filing deadline. Also, please review the bylaw to tighten up any misinterpretations that lead to abuses.
ACEE/11649 (February 17, 2015) Sleiman City CQ16-2015 Type of Clerk/Licence Three to four years ago, Administration was Response Commissioner asked through a Council Question to bring a Required report on Lodging Homes in the City of -Written Report Windsor. The Planning Department held a few extensive public consultations on the Lodging Homes issue, but so far the report did not come to the Council. I request the complete report including all the Administration recommendations in term of by-laws, policies and any pertinent information be brought to Council for consideration
ACLH 2015 & SPL2015 (March 23, 2015) Gignac Senior Manager CQ47-2015 Type of of Asks that administration bring Response Communications recommendations to Council outlining how we Required can better inform residents of options to -Written Report donate larger household goods to charitable organizations through our publications and website.
SW2015 (August 4, 2015) Gignac Corp. Leader CQ49-2015 Type of Parks, Rec, Asks for a report to Council on the condition of Response Culture & our tennis courts and comments on the Required Facilities Tecumseh model of court maintenance. Also -Written Report if I could be provided with an update on Ward funds that were to be dedicated to the courts at Realtor Park.
SR2015 (August 4, 2015)
2 of 15 Consolidated Agenda - February 5, 2018 Page 64 of 131 Gignac City Engineer CQ55-2015 Type of Asks for an Administrative report on the Response process for allocating costs for enhanced Required lighting requests in residential neighbourhoods -Written Report vs. downtown commercial districts and the requirement of Local Improvement Petitions (LIP’s) or cost sharing projects for lighting.
SL2015 (August 24, 2015) Gignac City Engineer CQ72-2015 Type of Asks for a review of the VIA Rail corridor on Response the north side between Lauzon and Pillette to Required identify safety issues with regard to -Written Report deteriorating fences and develop a go forward plan for addressing the gaps.
MTR2015 (December 7, 2015)
3 of 15 Consolidated Agenda - February 5, 2018 Page 65 of 131 2016
Total Outstanding: 18
COUNCIL QUESTION – ISSUES RAISED MEMBER Kusmierczyk Corp. Leader CQ1-2016 Type of Parks, Rec, That Administration (Parks Department) report Response Culture & back with options for improving the unsightly Required Facilities median on Banwell Road from Little River Road to -Written Wyandotte Street as it is in a state of disrepair Report with dead trees, empty and overgrown tree wells, weeds and broken concrete.
SR2016 (January 4, 2016) Francis Executive CQ8-2016 Type of Director of That Administration provide a report as a regular Response Human business item at a future council date regarding Required Resources the placement of Epi-Pens at all City-owned -Written facilities so as to be used in cases of emergency Report and/or when needed. I would like the report to have comments from HR, Finance and Legal CR459/2016 please. How could such a program be Plan for 1year pilot in 2017 to administered? What are the costs for materials, be brought back staff training, etc..? Also, I would like information to Council for pertaining to other municipalities within final approval. Ontario/Canada that currently have similar programs as it relates to Epi-Pens within their CR253/2017 facilities. City to report back on City of Hamilton’s model MH2016 (February 1, 2016) Marra Corp. Leader CQ9-2016 Type of Parks, Rec, Asks that Administration from Parks, Facility and Response Culture & Recreation Department meet with Mr. John Required Facilities Zucchet and his committee, Chair of the Board of -Written Directors for Windsor’s AKO Fratman Board of Report Directors, to further explore and discuss AKO’s proposed plans for Windsor Stadium and the Potential impact on abutting City of Windsor parkland and recreational/sports fields. Administration is then requested to report their findings and any possible recommendations to City Council.
SR2016 (February 22, 2016)
4 of 15 Consolidated Agenda - February 5, 2018 Page 66 of 131 Kusmierczyk City Engineer CQ10-2016 Type of Asks that administration report back on best Response practices from other cities regarding metered on- Required street accessible parking AND to provide -Written feasibility and cost of implementing free metered Report parking for residents with Accessible Parking Permits. REFERRED TO ACCESSIBILITY COMMITTEE ST2016 (February 22, 2016) FOR REVIEW AND COMMENT (DEC 12, 2016) Holt CEO of YQG & CQ16-2016 Type of WDTC Asks Administration to report back to Council on Response the recent efforts of the Detroit Port Authority and Required the Detroit Mayor’s office to move forward with the -Written City of Windsor in implementing the Report Windsor/Detroit pedestrian ferry. Please include correspondence with the Provincial and Federal DEFERRED government including Windsor Port Authority and other local bodies and highlight any barriers to implementation recognized at the current time.
GM2016 (April 4, 2016) Holt City Planner CQ26-2016 Type of Asks that Administration report back to Council on Response the recommended process that will provide Required Council with options in making the pilot program -Written of the “Road Diet” conducted by the Planning Report Department on Saturday, June 11, 2016 a permanent conversion from Caron Avenue east to Devonshire Road.
SW2016 18.1 (June 20, 2016) Gignac Chief Building CQ27-2016 Type of Official Asks Administration to review requirements for Response demolition permits and include mandatory Required inspection for rat burrows and if identified to -Written require baiting before demolition. Report
SB2016 18.2 (June 20, 2016) Holt City Planner CQ30-2016 Type of Asks that Administration report to the Planning, Response Heritage & Economic Development Standing Required Committee on options for Council to consider -Written offering targeted financial incentive programs Report and/or use of rebates to realize increased occupancy of vacant commercial space.
AF2016 (July 4, 2016)
5 of 15 Consolidated Agenda - February 5, 2018 Page 67 of 131 Francis City Solicitor CQ36-2016 Type of Enwin has several substation buildings that are Response now surplus which may be in locations that may Required be of benefit to the City. I would ask that -Written Administration provide a report which: Report -lists the available substations -makes recommendations regarding whether or not these sites would be a benefit to the City and -discusses the processes and considerations around acquiring these substations including potential funding sources.
APM2016 (August 22, 2016) Bortolin City Engineer CQ39-2016 Type of Asks that administration prepare a report outlining Response the cost neutral options to reinstate the Required promotional program offering 1 hr free parking at -Written garage 1 & 2 and that the report come back to Report council as part of the 2017 budget deliberations later this year. DEFERRED TO A FUTURE MEETING OF ST2016 (August 22, 2016) COUNCIL Gignac Senior Manager CQ41-2016 Type of of Asks Administration to report on how or if we Response Communications include the Capitol on our website as a link, Required & Customer TWEPI as a link and in our Culture blasts -Written Service highlighting all events that take place in the Report facility.
AT9992 (September 19, 2016) Elliott Corp. Leader CQ43-2016 Type of Parks, Rec, Asks that with regards to lighting at Atkinson Park Response Culture & reported by Friends of the Court Marilynn Required Facilities Woodison, has it already been paid for, or are -Written there any updates proposed to perhaps get more Report lighting in the Park.
SR2016 (September 19, 2016) Elliott Corp. Leader CQ44-2016 Type of Parks, Rec, Asks that with regards to lighting at the riverfront Response Culture & walkway near Askin Street Boulevard, residents Required Facilities are reporting no lighting as a concern and can -Written anything be done to perhaps get some lighting Report there.
SR2016 (September 19, 2016)
6 of 15 Consolidated Agenda - February 5, 2018 Page 68 of 131 Holt Executive CQ50-2016 Type of Director of Asks that Administration, in conjunction with Response Recreation & Windsor Police Services, report to the Social Required Culture Development, Health & Culture Standing -Written Committee outlining all possible options available Report to community groups hosting events, including but not limited to private security, that would meet new security requirements for street closures while minimizing the impact on their budgets.
SP2016 (October 17, 2016) Gignac City Solicitor CQ52-2016 Type of Asks Administration to report on what steps are Response being taken to analyze how the former Abars Required property could/should be acquired as parkland. -Written The City did have a policy at one time to actively Report acquire additional waterfront land for public use as well as fund for those acquisitions. CR256/2017 Referred to 2018 Budget SR2016 (November 7, 2016) Deliberations Borrelli City Planner CQ53-2016 Type of Asks for a report on the process for approval to Response extend the westbound Ojibway Street from Required Dominion Blvd. through the existing “natural area” -Written to Daytona Street. This request is being made to Report help relieve traffic congestion and to provide greater access for area residents.
SR2016 (November 7, 2016) Gignac City Engineer CQ56-2016 Type of Council has approved funding to address gaps in Response the BUMP “loop” which moves through two of my Required BIAs. I’m asking Administration to prepare a -Written detailed impact report with options for Report implementation and a consultation process for the business owners. REFERRED TO ADMIN AT JUNE 19/17 SC2016 (November 21, 2016) COUNCIL MEETING CR363/2017 Elliott Corp. Leader CQ58-2016 Type of Parks, Rec, That administration bring back a report about the Response Culture & potential for a dog park to be located in Malden Required Facilities Park near the current parks work shop on -Written Matchette Road where there are washrooms. Report
SR2016 (December 12, 2016)
7 of 15 Consolidated Agenda - February 5, 2018 Page 69 of 131 2017
Total Outstanding: 34
COUNCIL QUESTION – ISSUES RAISED MEMBER Elliott Corp. Leader Parks, CQ1-2017 Type of Rec, Culture & Asks to look into what can be done security Response Facilities wise in Malden Park after hours to stop people Required from illegally dumping and to prohibit cars -Written from speeding around the main parking lot off Report Malden Road.
SR2017 (January 9, 2017) Payne City Engineer CQ5-2017 Type of Asks for a report on the feasibility of providing Response traffic signals at Devonwood/Cabana and Required Lone Pine/Provincial in view of the difficulties -Written being experienced by residents in exiting the Report subdivision.
ST2017 (February 6, 2017) Borrelli City Engineer CQ9-2017 Type of Asks to review the use of the surplus noise Response barriers from Herb Gray Parkway (plus costs) Required to possibly be utilized on the North Service -Written Road, east of Elsmere Avenue. Report
ST/8821 (February 21, 2017) Kusmierczyk Executive Director of CQ10-2017 Type of Recreation and Asks Administration to report back on Response Culture adequacy of kayak storage at Lakeview Required Marina. -Written Report SR2017 (February 21, 2017) Elliott Corporate Leader CQ16-2017 Type of Parks, Recreation, Asks Administration to bring back a report on Response Culture & Facilities the current maintenance of the windmill at Mill Required and Russell Street and also to look at the long -Written term maintenance and upkeep of the windmill. Report
SR2017 (April 10, 2017) Gignac City Clerk/Licence CQ19-2017 Type of Commissioner Asks that Administration prepare a report on Response how we will licence and zone for Air B & B’s in Required the City. -Written Report ACLH2017 (May 8, 2017)
8 of 15 Consolidated Agenda - February 5, 2018 Page 70 of 131 Kusmierczyk City Engineer CQ20-2017 Type of Asks that Administration report back on the Response increase in collisions/accidents - involving Required motor vehicles, pedestrians, cyclists - at the -Written intersection of Forest Glade Drive and Report Tecumseh Road East over the last five years and including the uptick in 2017 - and propose solutions that would address this issue.
ST2017 ( May 8, 2017) Borrelli City Engineer CQ21-2017: Type of Asks in view of the continued high speed Response travel on the Dominion Blvd. corridor, what Required “interim measures” can be implemented to -Written create a safe and hospitable environment for Report area residents.
ST2017 (June 19, 2017) Bortolin City Planner CQ24-2017: Type of Asks Administration with the impending Response potential closure of the alley going East to Required West between Vera and Karl and between -Written Bruce and Church, this request is currently in Report the closure process. Asks administration and planning to report back with potential options for closure of the alley running North to South along Bruce between Vera and Karl and deal with potential rerouting of services or usage if necessary. Please report any and all potential options. Report back along with report dealing with original closure.
SAA2017 (July 17, 2017) Kusmierczyk City Solicitor CQ25-2017 Type of Asks Administration that as residents of the Response north side of Riverside Drive are concerned Required about the state of the breakwall and ownership -Written of the breakwall is in question, I ask Report administration to determine and report back on the ownership of the breakwall on properties along Riverside Drive - in Ward 7.
APM2017 (August 8, 2017) Kusmierczyk City Solicitor CQ26-2017 Type of Asks that as residents of Sandpoint/Vanderbilt Response are concerned about thick dust coming from Required nearby gravel piles on commercial property, I -Written ask Administration to report on options to Report address this matter. (reassigned from City Engineer) EI2017 (August 8, 2017)
9 of 15 Consolidated Agenda - February 5, 2018 Page 71 of 131 Kusmierczyk Corporate Leader, CQ27-2017 Type of Parks, Recreation, Asks that Administration report back on Response Culture & Facilities signage and location options for first Required responders responding to emergencies in -Written parks to help identify location of emergency, or Report location of person in distress.
SR2017 (August 8, 2017) Holt City Planner CQ28-2017 Type of Asks Administration to report back to the Response Planning, Heritage & Economic Development Required Standing Committee on methods of -Written introducing “Pink Code” or “Pink Zoning” as Report recommended in their report to Council (CM 63/2016) of November 11, 2016.
SPL2017 (August 8, 2017) Marra Corporate Leader, CQ30-2017 Type of Parks, Recreation, Asks Administration to prepare a report for the Response Culture & Facilities 2018 Budget process which will provide the Required estimated timelines and estimated costs -Written associated with the development of the Report required engineering and architectural drawings for the construction of a community and recreational centre as an expansion of the (2018 Budget) Fontainebleu Library.
SR2017 (August 8, 2017) Kusmierczyk Corporate Leader, CQ32-2017 Type of Parks, Recreation, Asks that Administration report back on the Response Culture & Facilities reasoning behind the chain link fencing Required erected in the water at Sandpoint Beach and -Written also possible alternatives Report
SR2017 (August 28, 2017) Elliott Deputy Licence CQ33-2017 Type of Commissioner/Senior Asks Administration if there is any way to Response Manager of Policy, licence outdoor cats that people own the same Required Gaming, Licensing & as dogs including picking up the cat feces. -Written By-Law Enforcement Report ACL/10884 (September 5, 2017) Kusmierczyk City Engineer CQ34-2017 Type of Asks that Administration provide a progress Response report on the city’s climate adaptation plan and Required confer with ERCA on the feasibility/process of -Written moving forward with a regional climate Report adaptation plan.
EI/10822 (September 5, 2017)
10 of 15 Consolidated Agenda - February 5, 2018 Page 72 of 131 Gignac Fire Chief CQ35-2017 Type of Asks that Administration request a Disaster Response Response Report from Fire/Police regarding Required an enhanced plan to best assist in any future -Written events ie) rescue teams to check vulnerable Report residents having pumps available and any other resources deemed necessary.
AS/8286 (September 5, 2017) Kusmierczyk Chief Administrative CQ36-2017 Type of Officer Asks that Administration report back on the Response 100 resilient cities program which is funding Required the position of a Chief Resiliency Officer in 4 -Written Canadian cities – and report back on cost and Report benefits of establishing the position of a Chief Resiliency Officer both in Windsor and regionally.
AS/8286 (September 5, 2017) Kusmierczyk City Engineer CQ37-2017 Type of Administration work with Mr. Horrobin of the Response Windsor Police Services to review and report Required back on safety concerns on Banwell Road - -Written from Tecumseh Road East to EC Row - as a Report result of the absence of street lighting and bring forward a plan and timetable to address the concerns.
ST2017 (September 18, 2017) Kusmierczyk City Engineer CQ38-2017 Type of Administration report back on the current Response education and outreach strategy for the Required Basement Protection Subsidy Program - -Written including the components of this strategy, Report examples of content, metrics of effectiveness (e.g. YouTube views; Social Media views) and recommendations for improvements including best practises from other cities.
SW2017 (September 18, 2017) Holt City Engineer CQ39-2017 Type of Asks that Administration report back to Response Council regarding waiving the front yard Required parking bylaw for 1850 Gladstone Avenue to -Written allow the homeowner to install a driveway. Report
ST2017 ( October 2, 2017) Payne City Engineer CQ40-2017 Type of Asks for a report on the feasibility of providing Response additional staff to carry out Traffic Calming Required Studies in a more timely manner. -Written ST2017 (October 16, 2017) Report 11 of 15 Consolidated Agenda - February 5, 2018 Page 73 of 131 Payne City Engineer CQ41-2017 Type of Asks for a report on the feasibility of revising Response storm sewer design criteria in light of climate Required change. -Written Report SW2017 (October 16, 2017) Holt Corporate Leader, CQ42-2017 Type of Parks, Recreation, Asks that Administration report back to Response Culture & Facilities Council outlining and detailing the necessary Required work to restore the perimeter fence around -Written Willistead Manor. Report
SR2017 (October 16, 2017) Borrelli City Engineer CQ43-2017 Type of Asks whether the much smaller waterflow Response “culvert” design, compared to California and Required Rankin Streets, for the Grand Marais drain, -Written has contributed to the excessive flooding in Report South Windsor due to the 100 year storm, and if so what can be done to mitigate damage from future events.
SW/9957 (October 16, 2017) Gignac Corporate Leader, CQ44-2017 Parks, Recreation, Asks that a report on the option to extend the Culture & Facilities appointment of the Poet Laureate for an extended period be provided.
SR2017 (October 16, 2017) Kusmierczyk Corporate Leader, CQ47-2017 Type of Parks, Recreation, That Administration report on lighting solutions Response Culture & Facilities and costs for Little River Corridor Park – Required including solar options – and to refer the report -Written to the 2018 budget. Report
SR2017 & AFB/12937 (November 6, 2017) 2018 Budget Elliott City Planner CQ48-2017 Type of Ask the Planning Department when Council Response can expect to see a report regarding changes Required to the City's official plan and zoning bylaws -Written that will allow secondary suites within the City Report of Windsor.
SPL2017 (November 6, 2017) Borrelli City Solicitor CQ49-2017 Type of Asks that pursuant to Section 73(3) of the Response Highway Traffic Act of Ontario it is being Required requested that an analysis be conducted to -Written find ways to discourage or prevent auto Report owners from the use of dark tinted windows and also how to best enforce the existing law. This request is being prompted by the 12 of 15 Consolidated Agenda - February 5, 2018 Page 74 of 131 proliferation of autos with dark tinted windows that place cyclists, pedestrians and other transportation vehicles in a high risk condition. Cyclists in particular, who are compelled to use roadways as per our existing by-laws, have a high safety concern due to their inability to make essential eye observations and assessment with vehicle drivers. To compound this safety concern is that dark tinted windows potentially facilitate distraction of drivers through easy use of cell phones that are difficult to detect through the dark tint.
ST2017 (November 20, 2017) Borrelli Executive Director of CQ50-2017 Type of Housing & Children’s Asks that in light of the pending Response Services announcement on the Federal National Required Housing Strategy and the growing need for -Written affordable housing in our community, I am Report requesting a report in/by Spring 2018 from the Planning and Housing Departments on ways in which Council can promote the expansion of affordable housing in our community. Specifically, requesting that the report highlight best practices and any additional strategies or tools that are available to municipalities to address the need for affordable housing in our community.
GH/6905 (November 20, 2017) Kusmierczyk Corporate Leader of CQ51-2017 Type of Parks, Recreation, Asks that Administration consult with best Response Culture and Facilities practices – including City of Toronto – and Required consult with the community including the off- -Written road cycling community at Little River Corridor Report Park – and report back to Council on options, cost and recommendations for the construction of an off-road cycling/BMX facility.
ST2017(November 20, 2017) Borrelli City Engineer CQ52-2017 Type of Asks that interim measures to provide traffic Response calming at Northwood Street from Daytona to Required Cleary Street be considered through additional -Written caution/speed signs and slower speed limits. Report
ST2017(December 4, 2017)
13 of 15 Consolidated Agenda - February 5, 2018 Page 75 of 131 Kusmierczyk City Engineer CQ53-2017 Type of Asks that Administration review the residential Response snow clearing level of service policy and Required performance, and provide options to enhance -Written the service along with estimating the Report associated enhanced costs, and include comparisons with like size cities in Ontario.
SW2017(December 18, 2017)
14 of 15 Consolidated Agenda - February 5, 2018 Page 76 of 131 2018
Total Outstanding: 1
COUNCIL QUESTION – ISSUES RAISED MEMBER Borrelli City Solicitor CQ 1-2018 Type of Asks that as it relates to efficient and safe snow Response removal, what is the City’s liability for ploughing Required snow on sidewalks abutting snow routes on -Written arterial and collector roads. Report
SW2018 (January 8, 2018)
/sg as of January 30, 2018
15 of 15 Consolidated Agenda - February 5, 2018 Page 77 of 131 Item No. 18.2
Committee Matters: SCM 38/2018
Subject: Outstanding Directives as of Jan 31, 2018
Consolidated Agenda - February 5, 2018 Page 78 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That a future report for City Council BE PREPARED that identifies the scope, structure, work program, and terms of reference for Town & Gown consulting services to prepare a University of Windsor Area Planning Study February 14, 2011 Report No. 2 City Planner Committee report in consultation with the Town & Gown Committee and further, that the University of Windsor BE CONSULTED throughout the process.
"Zalev Property": Completed. Council to June 7, 2011 CR187/2011 15326 City Solicitor That the report of the City Solicitor dated May 31, 2011 entitled direct return of the item. "Zalev Property" BE DEFERRED.
That the correspondence from the Downtown Windsor Business Association dated May 17, 2011 regarding “Body Rub Parlour Bylaw” BE Communication July 4, 2011 M153-2011 RECEIVED for information, and further, that this BE REFERRED to the No. 4 City Planner for review and that a response BE PREPARED for Council’s consideration.
That Report No. 51 of the Environment and Transportation Environment & Mark sent to Thom Hunt Standing Committee of its meeting held April 25, 2012 regarding Transportation for response/comment on May 22, 2012 M253-2012 City Solicitor Candidate Natural Heritage Site No. 37 – Supplemental Information BE Standing Committee November 2, 2016 Thom DEFERRED to a future meeting of Council to allow Administration to Report No: 51 Hunt to respond provide additional information.
That administration BE DIRECTED to report back to Council on the Planning appropriate Lodging House by-laws required that would allow for the Deferred at the Standing September 17, 2012 M421-2012 City Solicitor creation of a special policy area(s), in order to be utilized as pilot projects recommendation of the Committee for the lodging house bylaws' implementation, and that this report BE City Solicitor Report No: 81 PREPARED preferably within 6 months
That the report of the City Planner dated November 21, 2012 entitled “Exemption from Sandwich Demolition Control By-law 20-2007 — 508, 520, 540, 556, 570, 590, 604, 612, 615, 622, 623, 631, 639, 646, 663, 670, Report remains deferred 673, 686, 704, 710, 718, 724, 730, 738, 744, 750, 753, 758-760, 759, 765, December 17, 2012 CR293/2012 16287 City Planner by Council, as per the 764, 769, 772, 777, 778, 781, 784, and 790 Indian Road, 812 and 862 Mill City Solicitor. Street, and 764, 770, 780 and 788 Rosedale Avenue” BE DEFERRED as requested by the Canadian Transit Company, to allow for further discussions with administration on this matter.
Consolidated Agenda1 - February 5, 2018 Page 79 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
That the judgement from the Court of Appeal for Ontario heard April 29, 2013 regarding imposing licensing requirements on the owners and operators of adult entertainment parlours and those persons who perform Communication June 4, 2013 M212-2013 City Clerk live performances of an adult nature within those facilities BE RECEIVED No: 4 for information; and further that the judgement BE REFERRED to the Licence Commissioner for review and comment and REPORT BACK to Council with options available.
"Mackenzie Hall Parking Lot; Expression of Interest" October 7, 2013 CR191/2013 16758 City Solicitor II. That Administration BE DIRECTED to report back to Council the results of the discussions with Infrastructure Ontario.
"Participation in Ontario's Investment Ready: Certified Sites CR92/2014 Program": April 7, 2014 11825 City Planner Clause III THAT the City Planner REPORT BACK on the cost of required information needed to support the certification process for Council's consideration.
Planned inclusion into the That Report No. 200 of the Environment, Transportation & Public Safety approved Urban Forest Environment, Standing Committee of its meeting held April 23, 2014 regarding “Report Management Plan RFP. Transportation & No. 80 of the Windsor-Essex County Environment Committee- WECEC and ERCA have May 20, 2014 M217-2014 Public Safety City Forester consideration for implementation of a tree by-law” BE DEFERRED to allow been invited to contribute Standing Committee for a report from the Essex Region Conservation Authority (ERCA) on to the process. Also Report No: 200 process as well as information on tree coverage in our area, in accordance waiting on a tree with Council Question CQ15-2014. inventory
The item was deferred by That the application by Michael Stojcic, on behalf of the operators of 53-63 Council until the Pitt Street East (Panache Ultra Lounge, LaGuardia Restaurant, Tequila Bob’s) for permission to expand the existing sidewalk to facilitate new and downtown transportation study is finished. The September 8, 2014 CR235/2014 17363 City Engineer expanded sidewalk cafes adjacent to the north elevation of the building study has to be finalized fronting Pitt Street East BE DEFERRED to allow Administration to still and go before complete the downtown traffic study Standing committee and Council for approval
Consolidated Agenda - February 5, 2018 Page 80 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director "Lauzon Parkway Environmental Assessment - Filing a Study Addendum and CQ15-2015 Update Request": That Administration BE DIRECTED to prepare a comprehensive report for Council’s April 20, 2015 CR81/2015 17631 City Engineer consideration on adding a possible northern access from the Windsor Christian Fellowship property to the 7th Concession, at the appropriate time when the development occurs, at a cost to the City, which was already agreed to in March 2014.
That the petition presented by Councillor Gignac from the area residents regarding a noise complaint concerning continuous noise from the roof-top heating/cooling unit emanating from the Metro Grocery Store at 6740 June 1, 2015 M183-2015 Petitions City Solicitor Wyandotte Street East BE RECEIVED by the Clerk and the Clerk BE DIRECTED to forward the petition to the City Solicitor for the purpose of an examination of the requested works or undertakings; and further that a report BE PROVIDED consistent with the direction provided. "Conversion of City Streetlights to LED" That regular updates regarding the project status of the LED conversion, CR149/2015 City Engineer/ August 4, 2015 17818 the resulting savings, and status of the internal financing BE Clause VII CitySolicitor COMMUNICATED BACK to Council as part of the regular Operating and Capital budget development and variance reporting process
"Corporate Payroll Business Process Review UPDATE": CR159/2015 That the final FTE staffing changes reductions and resultant project August 24. 2015 17893 Clause XI savings and completions, BE REPORTED to City Council as part of or prior to the 2018 budget process
Consolidated Agenda3 - February 5, 2018 Page 81 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director "New City Hall Expansion Space ": THAT City Council DIRECT Administration to proceed with a design that includes the addition of one and one-half column spans for future growth at an additional design fee of $400,000 and an estimated additional construction cost of $4.0 million. And, THAT City Council DIRECT Administration to report back to City Council with a study of administrative and operational buildings and space needs with future projections including the market value estimates and the August 24. 2015 CR161/2015 17867 Chief Administrative Officer constraints in proceeding with the sale of existing buildings including but not limited to 1266 McDougall including a full analysis of operational costs and expected changes. And, THAT consistent with current Council direction for the rest of the projects, the additional funding that will be required (currently estimated at $4.4 million) BE REPORTED to City Council for approval once the actual construction tender costs are known.
That Report No. 287 of the Environment, Transportation & Public Safety Standing Committee of its meeting held July 22, 2015 regarding “Report No. 90 of the Windsor-Essex County Environment Committee – Municipal August 24. 2015 M331-2015 Report No. 287 City Solicitor Declaration – The Right to a Healthy Environment, BE ADOPTED IN WECEC PRINCIPLE, subject to: (a) A review by the City Solicitor, along with a REPORT BACK to Council for final consideration.
A review and update of By-law 233-2001 was presented to Council Environment, That Council DIRECT administration to review, update and REPORT (S54/2016 and S70/2016) M390-2015 Transportation & City Engineer and Executive BACK to Council with a reviewand update, if appropriate, of the Windsor's / CR420/2016. The September 21, 2015 Clause II Public Safety Director of Parks Smog Action Plan and By-law 233-2001 based on the new Air Quality Smog Action Plan is on Report No. 288 Health Index. hold as the Executive Director of Parks was the key participant in the development of the plan.
Consolidated Agenda - February 5, 2018 Page 82 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
That Real Estate Services BE DIRECTED to obtain an independent CR187/2015 October 5, 2015 17952 City Solicitor appraisal and report back to Council the appraised market value prior to Clause II offering the property for sale.
That the news release from the Province of Ontario dated October 31, 2015 regarding “Province’s Plan for High-Speed Rail Will Transform Travel Communication No. November 2, 2015 M436-2015 City Engineer in Southwestern Ontario” BE RECEIVED, and further, that Administration 2 REPORT BACK with a summary of the Province’s plans as well as the City of Windsor’s plans moving forward regarding High-Speed Rail THAT, Administration BE DIRECTED to prepare an agreement between Planning, Heritage & the City and KEK Investments Inc. to implement the Business Retention Economic and Expansion Grant Program in accordance with all applicable policies, M448-2015 November 2, 2015 Development City Planner requirements, and provisions contained within the Economic Revitalization Clause II Standing Committee Community Improvement Plan to the satisfaction of the City Planner as to Report No: 330 content, the City Solicitor as to legal form, and the CFO/City Treasurer as to financial implications; That Administration BE DIRECTED to report back on the feasibility of the Communication No. December 7, 2015 M487-2015 Frank Scarfone/Tony Sabelli proposal submitted by the Secretary, Windsor Rugby Football Club, for the With Building Inspection 15 property at Bernard and Alice (AKO Park).
That the communication by the Chief Building Official dated November 19, 2015 regarding "November 19, 2015 Building Division meeting with Communication Windsor Construction Association" BE RECEIVED; and further, December 21, 2015 B54-2015 Chief Building Official No. 6 That administration BE DIRECTED to report back to Council by the end of 2016 in terms of how the addition of staff allowed for improved service levels and efficiencies. That consideration of a roads levy in the 2016 budget BE DEFERRED until such time as the remaining asset management reports are prepared, so December 21, 2015 B63-2015 Chief Administrative Officer that Council can have a more complete discussion on the need to acquire and to implement a life-cycle management plan for all city assets.
Consolidated Agenda5 - February 5, 2018 Page 83 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
II. THAT Administration BE DIRECTED to prepare a report detailing B27-2015 December 21, 2015 18025 Chief Administrative Officer different payment options available for on and off street parking and the Clause II cost associated with each option for future capital budget considerations. III. That Administration REPORT back to City Council with a status update B28-2015 Clause December 21, 2015 18049 City Planner regarding the Alley Closing Subsidy Program (ACSP) prior to 2018 budget III deliberations
I. That the Planning and Building Department BE DIRECTED to prepare a Community Improvement Plan (CIP) and Urban Design Guidelines to implement a Facade Improvement Program for ‘Main Streets’ under Planning, Heritage & Section 28 of the Planning Act for the Wyandotte Town Centre and Economic Walkerville Business Improvement Areas; CR17/2016 January 4, 2016 Development City Planner Clause I & II Standing Committee II. That the Planning and Building Department BE DIRECTED to include Report No: 338 the Wyandotte Town Centre and Walkerville Business Improvement Areas as the first ‘Main Streets’ to take advantage of funding through a Facade Improvement Program for ‘Main Streets’;
THAT Report No. S 18-2015 updating Council on the use and implementation of the Brownfield Redevelopment and Economic Planning, Heritage & Revitalization Community Improvement Plans and providing a response to Economic CQ8-2015 BE RECEIVED for information; and January 4, 2016 CR19/2016 Development City Planner THAT Standing Committee Administration BE DIRECTED to initiate a comprehensive review of the Report No: 341 Brownfield Redevelopment and Economic Revitalization Community Improvement Plans.
Consolidated Agenda - February 5, 2018 Page 84 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That City Council APPROVE the 2016-2017 departmental service level targets for service requests received through 311 as identified in Appendix A – Service Level Target Summary of Departmental Statistics for a period of 2 years; and
That the Corporate Leader for Public Engagement and Human Services February 1, 2016 CR56/2016 18071 City Clerk bring BE DIRECTED to bring forward departmental service level targets to City Council for approval every two years; and
That Chief Administrative Officer BE AUTHORIZED to approve service level targets for any new Service Requests created in their department/division during the two years.
Kevin Alexander - Report That the Planning Department prepare a report on the Ford City went to Council March Response to CQ9- neighbourhood area that provides City Council with options for possible 29, 2016 2015 municipal planning interventions, including consideration for a local Decision CR181/2016: March 29, 2016 CR181/2016 City Planner Community Improvement Plan (CIP), aimed at improving overall Option 2 – In-house, 18143 neighbourhood conditions by encouraging both private and public sector Kevin will begin the CIP investments and property improvements? MI2015 (February 17, 2015) March 2017
That the City Planner and City Solicitor BE DIRECTED to prepare a report March 29, 2016 CR182/2016 Communications City Planner for Councils consideration on options enabled by legislation to lessen the burden of condo conversions. That the Executive Director of Parks BE DIRECTED to prepare a report for Councils consideration prior to the expiry of the Consent to Enter CR200/2016 March 29, 2016 18154 Executive Director of Parks agreement pertaining to the review of parking and patron dynamics at Clause V Ernest Atkinson Park with a recommendation as to whether a further Consent to Enter Agreement should be entered into with CHC
Consolidated Agenda7 - February 5, 2018 Page 85 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director THAT City Council AUTHORIZE administration to proceed to implement the Management Action Plan in response to the findings from the “User Fee Revenue Management” internal audit report; and THAT City Council DIRECT administration to report on the progress of the May 16, 2016 CR326/2016 S 81/2016 Chief Financial Officer implementation of the Management Action Plan and that such reports should coincide with Pricewaterhouse Coopers LLP’s quarterly updates to Council.
THAT City Council AUTHORIZE the CFO/City Treasurer (or delegate) to sign Minutes of Settlement as it relates to the Centralized Property Appeals. May 16, 2016 CR334/2016 S 76/2016 Chief Financial Officer THAT the CFO/City Treasurer (or delegate) BE REQUIRED to report the results of the Minutes of Settlement to City Council once all appeals have been finalized.
...THAT Council APPROVE the establishment of a capital reserve fund dedicated to the minor and major overhauls of the CHP systems for the WFCU Centre and Huron Lodge funded by an annual transfer from operating budget savings in the amount of $60,000 and $30,000 respectively; and
That Council APPROVE the establishment of a capital improvement reserve fund for the WFCU Centre funded by an annual transfer from operating budget savings in amount of $50,000; and June 7, 2016 CR354/2016 C 83/2016 Chief Administrative Officer That Council DIRECT Administration to report back annually as to the ongoing financial and operational progress of the two CHP systems; and
That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign, as may be required, agreements and contracts with Provincial Governments and its affiliated agencies as well as EnWin Utilities; such documents to be satisfactory in form to the City Solicitor; in technical content to the Senior Manager of Asset Planning; and in financial content to the Chief Financial Officer and City Treasurer.
Consolidated Agenda - February 5, 2018 Page 86 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That Council DIRECT Administration to develop a Policy and Priority listing CR404/2016 regarding council resolutions and their application to the local improvement June 20, 2016 S 34/2016 City Engineer Clause I process to provide a consistent and transparent means of determining Local Improvement budgets; THAT City Council AUTHORIZE administration to proceed to implement the Management Action Plan in response to the findings from the “Succession Planning” internal audit report; and June 20, 2016 CR418/2016 S 98/2016 Chief Financial Officer THAT City Council DIRECT administration to report on the progress of the implementation of the Management Action Plan and that these reports should coincide with Pricewaterhouse Coopers LLP’s quarterly reports to Council.
That the correspondence dated June 28, 2016 from the Downtown Windsor Business Improvement Association (DWBIA) requesting a 2-year Pilot Project to licence buskers and street performers in the city centre BE RECEIVED; and further, Communication No. July 4, 2016 CR431/2016 City Clerk 7.1.1 That administration BE DIRECTED to review this submission by the DWBIA and to PREPARE a report for Council’s consideration on the viability of such a program and offer a framework to allow such a program to be created in the City of Windsor.
II. THAT the City Planner BE DIRECTED to conduct a study of the area CR483/2016 August 2, 2016 S 113/2016 City Planner affected by Special Zoning Provision s.20(1)50 of By-law 8600 and prepare Clause II a Planning Report for Council’s consideration. III. That the City Solicitor BE DIRECTED to prepare the amending by-law for Council’s consideration; and further, the Chief Administrative Officer CR489/2016 and City Clerk BE AUTHORIZED to sign all necessary documents August 2, 2016 S 110/2016 City Solicitor Clause III approved as to form and content satisfactory to the City Solicitor, and any subsequent transactions BE COMPLETED electronically pursuant to By- law Number 366-2003.
Consolidated Agenda9 - February 5, 2018 Page 87 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director IV. THAT the City Engineer or designate, for any and all projects approved for Canada 150 Community Infrastructure funding, BE AUTHORIZED to issue requisite tenders for the construction works required at each of the sites, and that subject to the tenders falling within the approved capital Corporate Leader of Parks, CR498/2016 budget, that the Chief Administrative Officer and City Clerk BE August 2, 2016 C 126/2016 Recreation, Culture and Clause IV AUTHORIZED Facilities to sign an agreement with the successful bidders, satisfactory in legal form to the City Solicitor, in technical content with the City Engineer, and in financial content to City Treasurer, and further, that the results of these tenders be subsequently reported to City Council for information purposes.
That the memo from the Executive Director of Parks dated August 22, 2016 regarding Summarized Explanation of the Thirteen Communication August 22, 2016 CR502/2016 Executive Director of Parks Recommendations Identified in the Parks Master Plan Presentation No.7.1.6 BE RECEIVED and that administration REPORT BACK during 2017 budget deliberations outlining standardized dog park design guidelines. THAT should the results of the Design/Build RFP process fall within the approved budget, that the Chief Administrative Officer and City Clerk BE CR512/2016 AUTHORIZED to sign an agreement with the successful proponent, August 22, 2016 S 94/2016 Chief Administrative Officer Clause V satisfactory in form to the City Solicitor, in financial content to the City Treasurer, and in technical content to the City Engineer, and the results BE REPORTED to Council for information,
Consolidated Agenda - February 5, 2018 Page 88 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
THAT Council AMEND Interim Control By-laws 126-2015, 127-2015, and 142-2015 to extend the period of time during which they will be in effect for an additional year, and that the City Clerk GIVE NOTICE of the amended by-laws within 30 days of the passing thereof. THAT Council AMEND the terms of reference in CR277/2016 to include: a) An overview of Official Plan policy and other municipal policy that provides direction with respect to off-street parking areas and built form within BIAs and mainstreet areas; b) A review of current Zoning By-law regulations and other municipal by- September 6, 2016 CR552/2016 C 146/2016 City Planner laws that regulate parking areas and built form within BIAs and mainstreet areas; c) Field work to examine parking areas and ‘main street’ built form within each of the City’s BIAs and mainstreet areas; d) Consultation with BIAs and affected property owners; and e) An analysis of options and recommendations related to off-street parking and mainstreet areas; and THAT Council DIRECT Administration to report back with study recommendations prior to September 8, 2017; and THAT By-law 136-2016 BE PASSED at this meeting of Council.
CR562/2016 THAT the City Engineer BE REQUIRED to provide a reconciliation report September 6, 2016 C 141/2016 City Engineer Clause IV to Council once project 5 listed in Appendix “A” has been completed.
CR560/2016 THAT the City Engineer BE REQUIRED to provide a reconciliation report September 6, 2016 C 141/2016 City Engineer Clause IV to Council once project 2 listed in Appendix “A” has been completed.
CR561/2016 THAT the City Engineer BE REQUIRED to provide a reconciliation report September 6, 2016 C 141/2016 City Engineer Clause IV to Council once project 4 listed in Appendix “A” has been completed.
THAT Administration BE AUTHORIZED to issue an RFP for pay-by-phone mobile payment system for parking at meters and lots; and C 138/2017 Executive Director of September 19, 2016 CR582/2016 S 71/2016 Upcoming Council Operations THAT Administration BE DIRECTED to prepare a report for Council Meeting containing the results of the RFP for pay-by-phone mobile system for parking at meters and in lots.
Consolidated Agenda11 - February 5, 2018 Page 89 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director THAT City Council APPROVE the allocation of $400,000 for the design, creation, installation and unveiling of a commemorative statue to honour the life and work of Hiram Walker; and,
THAT City Council APPROVE that $390,000 BE FUNDED from the 2014 Enhanced Capital Budget Contingency Placeholder for this project with the remaining $10,000 to BE FUNDED from Councillor Holt’s 2016 ward funds; and,
THAT City Council APPROVE the sole source retention of artist Mark Williams for the creation, fabrication and installation of a statue/sculpture depicting Hiram Walker and DIRECT administration to prepare an September 19, 2016 CR594/2016 C 176/2016 Chief Administrative Officer agreement to retain the services of Mr. Williams accordingly; and, CAO 4032
THAT the CAO and City Clerk BE AUTHORIZED to take any other steps as may be required to bring effect to these resolutions, satisfactory in form to the City Solicitor, in financial content to the City Treasurer, and in technical content to the City Engineer; and,
THAT the CAO and City Clerk BE AUTHORIZED to sign any required documentation as it relates to this project, satisfactory in legal form to the City Solicitor, in technical content to the City Engineer, and in financial content to the City Treasurer; and further,
THAT administration REPORT BACK on fundraising efforts towards this project within six months.
Consolidated Agenda - February 5, 2018 Page 90 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director THAT the request to complete upgrades to the WFCU Centre in the amount of $990,000 to accommodate the requirements to host the 2017 MasterCard Memorial Cup, and to assist in attracting future bids to Windsor, BE APPROVED and further, that the required funding for this expenditure be approved as follows:
1. THAT City Council APPROVE a pre-commitment of $698,441 from the 2017 5-year Capital Plan to fund the WFCU Centre upgrades as identified in this report; and,
2. THAT City Council APPROVE that the remaining amount of $291,559 for the upgrades to the WFCU Centre be funded from the Unallocated Enhanced Capital Budget Contingency Placeholder; and, October 3, 2016 CR605/2016 C 171/2016 Chief Financial Officer THAT Administration BE AUTHORIZED to proceed with the procurement process to complete the individual projects as per the Purchasing By-law; and,
THAT should the results of the procurements fall within the approved budget, that the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign any necessary agreements to achieve the above purposes, satisfactory in form to the City Solicitor, in financial content to the City Treasurer, and in technical content to the Executive Director of Recreation and Culture; and further,
THAT Administration REPORT BACK to Council with costing out of various parking options for this event that may be considered in the future.
Consolidated Agenda13 - February 5, 2018 Page 91 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
THAT consistent with the provisions contained within RFP #120-16 and in accordance with purchasing by-law 93-2012 and amendments thereto , the City Clerk and CAO BE AUTHORIZED to SIGN any documentation required to execute an agreement with FVB Energy Inc., and take any other steps as may be required to bring effect to these resolutions to provide a turnkey solution for engineering, design, and project management services including procurement support, construction management, and system commissioning for a 800 kW Combined Heat and Power (CHP) system at Windsor International Aquatic and Training Centre presented by WFCU at a total cost not to exceed $262,870 (exclusive of HST), subject to approval in legal content to the City Solicitor, in financial content to the City Treasurer, and in Technical content to the Senior Manager of Asset Planning; and THAT consistent with CR 287/2016, Council APPROVE funding of $262,870 (exclusive of HST) to BE FUNDED by the related projected October 17, 2016 CR641/2016 C 173/2016 Chief Administrative Officer operational savings; and THAT Council APPROVE, in accordance with purchasing by-law 93-2012 and amendments thereto to proceed with issuing of an RFP for the purpose of purchasing the CHP equipment and issuing a second RFP for the purpose of retaining a construction firm to install CHP systems; and THAT Council DIRECT Administration to report back the outcome of both RFPs identifying the successful proponent along with an updated detailed business case analysis; and THAT Council DIRECT administration to report back annually as to the ongoing financial and operational progress of the CHP system; and THAT the Chief Administrative Officer and City Clerk BE AUTHORIZED to SIGN any documentation required with the Provincial Government and its affiliated agencies as well as EnWin Utilities, and take any other steps as may be required to bring effect to these resolutions; such documents to be satisfactory in form to the City Solicitor, in technical content to the Senior Manager of Asset Planning and in financial content to the City Treasurer.
Consolidated Agenda - February 5, 2018 Page 92 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
THAT the costs of $56,388 plus HST, associated with the terminated photovoltaic rooftop project at Forest Glade Arena, BE FUNDED from Energy Reserve Fund (F188); and,
THAT City Council DIRECT Administration to PROCEED with photovoltaic rooftop applications under the Independent Electricity Service Operator (IESO) Feed-In-Tariff Program (FIT 5.0) for the following corporate facilities: Crawford Maintenance Yard, Lou Romano Water Treatment Plant, Roseland Golf and Curling Club, Parks and Recreation Administration and Maintenance Buildings, Fontainebleau Library, 400 City October 17, 2016 CR642/2016 C 186/2016 City Treasurer Hall, Fire Halls #1, #2, and #7, Little River Pollution Control Plant, Malden Park Visitor Centre, Huron Lodge, and Mackenzie Hall Cultural Centre, and
THAT the cost of $49,000 (excluding HST) associated with application fees, site reviews, and submission process for FIT 5.0 applications BE FUNDED from Capital Project #7085900, and further
THAT Council DIRECT Administration to report back the outcome of the IESO FIT 5.0 application submissions along with the associated business case analysis for Council consideration.
CR646/2016 That Administration REPORT BACK to Council the final project costs October 17, 2016 S 164/2016 Chief Administrative Officer Clauses I-V following completion of the work.
THAT the report of the City Planner dated November 4, 2016 entitled “CQ34-2014 – Progressive Options for Compact & Walkable Communities” BE RECEIVED for information; and further, November 21, 2016 CR713/2016 CM 63/2016 City Planner That the City Planner BE DIRECTED to prepare a report on what is required to do a study similar to the 2005 Halifax report, based upon the City of Windsor.
Consolidated Agenda15 - February 5, 2018 Page 93 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director THAT Council APPROVE the purchase of the Recreation Systems replacement software (RFP 90-16) and THAT the CAO and City Clerk BE AUTHORIZED to execute an agreement with The ACTIVE Network, Ltd. for the provision of Recreation Systems software for a five (5) year term, with an opportunity for continued renewal terms of five (5) years each on mutual agreement, on the same terms and conditions save and except for fees, which renewals shall be subject to approval by the CAO provided the renegotiated fees remain within budget, satisfactory in form to the City Solicitor, in financial content to City Treasurer, and in technical content to the CIO/Executive Director of Information Technology and Executive Director of Recreation and Culture;
THAT the CAO and City Clerk BE AUTHORIZED to execute all other agreements with The ACTIVE Network, Ltd. deemed necessary in December 12, 2016 CR753/2016 C 228/2016 Chief Administrative Officer connection with the provision of the above-referenced Recreation Systems software, satisfactory in form to the City Solicitor, in financial content to City Treasurer, and in technical content to the CIO/Executive Director of Information Technology and Executive Director of Recreation and Culture;
THAT funding for the recreation software for a partial year of operation in 2017 BE REFERRED to the 2017 Operating Budget via Budget Issue 2017- 0198; and
THAT City Council RECEIVE for information, and provide the approvals within this report with the understanding that these recommendations will result in a 2018 operating budget increase as detailed within this report. AND FURTHER that Administration BE DIRECTED to bring forth the required operating budget issue during the 2018 operating budget.
Consolidated Agenda - February 5, 2018 Page 94 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director THAT the report of the City Engineer dated June 23, 2016 entitled CQ2- 2016 Bike Share Programs BE RECEIVED for information; and,
THAT administration REPORT BACK in one (1) year to allow for the results of the pilot project to be reviewed and analyzed; and, January 9, 2017 CR12/2017 S 126/2016 City Engineer THAT administration WORK with Community partners and provide a report on the options that would be required to move forward with the potential City Wide Bike Share Program, and that this report BE PREPARED for Council‘s consideration in one year’s time through a sub-committee of the Windsor Bicycling Advisory Committee.
That the report of the City Engineer dated December 20, 2016 entitled “CQ39-2016 – Cost Neutral Options to Reinstate Promotional Program – January 23, 2017 B3/2017 C 240/2016 City Engineer First Hour Free Parking” BE DEFERRED to a future meeting to allow further opportunity for affected parties to review the information. That the report of the Chief Financial Officer and City Treasurer dated October 21, 2016 entitled “2015 Municipal Benchmarking Network of Canada (MBN Canada)” BE RECEIVED for information; and further, B4/2017 January 23, 2017 CM 56/2016 Chief Financial Officer CR657/2016 That administration BE DIRECTED to report back on ways in which Windsor can document trends set out by MBNCanada relative to the averages in each category and frame the results relative to Windsor’s 20 year strategic plan and impact on budget. I. THAT City Council DIRECT administration to provide a report to city council not later than August 31, 2017 describing the forecasted B27/2017 January 23, 2017 C 238/2016 Chief Administrative Officer inflationary and service enhancement pressures for 2018 and future years Clause I so that City Council may establish budget targets in recognition of these factors. That the recommendation from Fire and Rescue Services for “implementation of a city wide mass notification system” (Budget Issue #2017-0086) in the amount of $65,000 BE NOT APPROVED; and further, January 23, 2017 B45/2017 C 238/2016 Chief Administrative Officer that Administration BE DIRECTED to prepare a report outlining any concerns related to a notification system, and to ensure that there is a possible system available that would meet the needs that Council is looking for in emergency situations.
Consolidated Agenda17 - February 5, 2018 Page 95 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That with regards to Project #May-002-16 “Environmentally Significant Lands Acquisition Placeholder”, that Administration BE DIRECTED to January 23, 2017 B55/2017 C 217/2016 Chief Administrative Officer prepare an in camera report for Council’s consideration providing information on the purpose and the parameters of this project at the earliest possible in camera meeting. That the report of the Manager of Environmental Services dated November 22, 2016 entitled “Bulk Item collection options for consideration” BE RECEIVED for information; and further,
That Administration IMPLEMENT option 3 –Curbside collection, provided Manager of Environmental January 23, 2017 B9/2017 C 222/2016 by Contracted services for bulk collection in conjunction with (option 2) Services user fee voucher option with a net cost of $37,000.00; and
That Administration REPORT BACK with potential options for subsidizing the user fee vouchers including working with community partners for low income residents. THAT the report of the City Engineer dated August 4, 2016 entitled “Response to CQ24-2016: Report back on Administration’s Meeting with Dr. Simon Hesp and CQ25-2016: Best Practices on Quality Assurance Program Related to Asphalt Testing” BE RECEIVED for information; and further,
B17/2017 January 23, 2017 C 144/2016 City Engineer THAT the recommendation to add one Construction Technician position CR507/2016 (Budget Issue #2017-0212) for quality control purposes BE APPROVED; and further,
THAT administration BE DIRECTED to report back with a progress report on this quality assurance program for consideration during the 2018 budget deliberations.
Consolidated Agenda - February 5, 2018 Page 96 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director THAT the report of the City Planner dated October 26, 2016 entitled “Response to CQ34-2016: Design Guidelines for fencing along Riverside Drive” BE RECEIVED for information; and further,
THAT Administration BE DIRECTED to prepare a report for Council’s consideration that would: - Institute a by-law standard for decorative fencing and parking areas along February 6, 2017 CR59/2017 CM 59/2016 City Planner Riverside Drive (both the north and south sides of Riverside Drive); and - Include options for incentivizing existing commercial and industrial property owners to be able to upgrade their existing fencing along the waterfront side of Riverside Drive; and Include costing for decorative fencing from just east of Hiram Walker’s all the way to Strabane.
That City Council AUTHORIZE Administration to implement the Management Action Plan in response to the findings from PwC Internal Audit's investigation of a complaint; namely to review the Public Art Policy and ensure that future public art projects adhere to established practices regarding documentation, and further;
That City Council DIRECT Administration to bring back amendments to the Public Art Policy that acknowledge Artists’ Rights and that this report coincide with Pricewaterhouse Coopers LLP’s third quarter 2017 report to Council and further; Executive Director of February 21, 2017 CR89/2017 C 11/2017 ACCEPT Recreation and Culture That City Council the donations of the Wampum Belt and All We Are Is All We Were 1812 murals from the WindsorEssex Community Foundation as temporary works of art under Section 5.5 of the Public Art Policy, and further;
That the Executive Director of Recreation and Culture BE AUTHORIZED to deaccession the 1812 murals according to the Public Art Policy at the end of their respective life cycles and further;
That City Council AUTHORIZE the Executive Director, Recreation and Culture to take such actions as may be required to bring effect to these resolutions.
Consolidated Agenda19 - February 5, 2018 Page 97 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
That City Council APPROVE the use of funding allocated as a placeholder in the amount of $500,000 for a new splash pad and washroom renovation at Realtor Park (0 Homedale blvd.) as per B68-2015; and further,
That Administration BE AUTHORIZED to prepare and issue a RFP consistent with the City of Windsor purchasing bylaw to retain appropriate designers, suppliers and installers of splash pad equipment to facilitate the above noted project; and, subject to the RFP responses falling within approved budget amounts; and further,
That Administration BE AUTHORIZED to secure the necessary contractors through a RFQ to complete the necessary work to facilitate the above February 21, 2017 CR90/2017 C 214/2016 Chief Administrative Officer noted project; and, subject to the RFQ responses falling within approved budget amounts; and further,
That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign an agreement with the successful bidders, satisfactory in legal form to the City Solicitor, in technical content with the City Engineer, and in financial content to the City Treasurer; and further,
That Council DIRECT Administration to bring forward a recommendation during the 2018 operational budget development which identifies the costs or service level reductions required to sustain the on-going maintenance and operations of splash pads throughout the City.
V. That administration COMMUNICATE BACK TO COUNCIL with the findings following a broader public consultation process of the consultant’s CR106/2017 February 21, 2017 C 220/2016 Chief Administrative Officer conceptual design, along with a consultation process with current Festival Clause V Plaza users, and also to REPORT BACK to Council on any risks of potentially displacing current Festival Plaza events.
...That Housing and Children’s Services REPORT BACK to Council on the Executive Director of final results of the project and the investment made should Windsor Essex March 6, 2017 CR120/2017 S 10/2017 Housing and Children’s Community Housing Corporation be the successful proponent for the 2016 Services Social Infrastructure Program or subsequent rental housing capital programs.
Consolidated Agenda - February 5, 2018 Page 98 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That City Council RECEIVE the following communication in response to Councillor Gignac (CQ7-2015) and Councillor Elliott (CQ20-2015) questions; and, That administration BRING FORWARD in a future report to Council, March 6, 2017 CR122/2017 C 89/2016 Chief Building Official recommendations to expand the current regulations for vacant buildings to include low-risk commercial buildings as part of housekeeping amendments to Property Standards By-law 147-2011 as amended by Bylaw 213-2011 That the report of the Manager of Cultural Affairs reporting on the activity plan for the promotions and marketing of the Windsor Sculpture Park as funded through the Odette Estate Bequest BE RECEIVED; and further; March 6, 2017 CR150/2017 S 226/2016 Manager of Cultural Affairs That Administration BE DIRECTED to provide a final report regarding activities over the life of the agreement to the Odette Estate within 60 days of May 18, 2017. That the report of the City Clerk/Licence Commissioner dated September 7, 2016 entitled “Residential Rental Licensing” BE DEFERRED to a future March 6, 2017 CR159/2017 C 169/2016 City Clerk meeting of Council in order to allow all affected parties adequate time to review the material. That the report of the City Planner dated February 13, 2017 entitled “Residential Rental Enforcement and Future Zoning” BE DEFERRED to a March 6, 2017 CR160/2017 C 28/2017 City Planner future meeting of Council in order to allow all affected parties adequate time to review the material. That the report of the Chief Building Official dated February 14, 2017 entitled “Response to CQ66-2015 Vacant Property Registry” BE March 6, 2017 CR161/2017 C 31/2017 Chief Building Official DEFERRED to a future meeting of Council to allow adequate time for all interested parties to review the report.
Consolidated Agenda21 - February 5, 2018 Page 99 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
That City Council AUTHORIZE Administration to proceed with the rehabilitation of Seminole Street from George Avenue to Central Avenue as part of the 2016 City Wide Road Rehabilitation Programme in lieu of Ontario Street from George Avenue to High Street; with the rehabilitation of Ontario Street to be included in a future year’s Capital Budget; and
That the award of tender for the work be PRE-APPROVED, subject to April 10, 2017 CR199/2017 C 55/2017 City Solicitor being within the allocated budget, and that the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign an agreement with the successful tenderer, in form satisfactory to the City Solicitor, financial content satisfactory to the City Treasurer and technical content to the City Engineer; and
That Administration REPORT TO COUNCIL the successful bidder information following the Award of Tender. III. That Administration REPORT BACK to City Council through a CR201/2017 Communication Report(s) the results of all tenders that were awarded and April 10, 2017 C 49/2017 Chief Administrative Officer Clause III approved. Any that require additional funding will be reported to Council separately. ...That subject to being awarded the hosting opportunity, that the City’s Sports Tourism Officer BE DIRECTED to bring forth a report detailing all April 10, 2017 CR187/2017 C 42/2017 Sports Tourism Officer components and commitments relating to the hosting of the event and seeking all necessary City Council approvals including approvals necessary to execute any related agreements. That Administration BE DIRECTED to prepare a report on options for and April 10, 2017 CR232/2017 C 38/2017 City Solicitor financial benefits of establishing a fee schedule for event only parking at the WFCU Centre That the City Solicitor BE DIRECTED to prepare an amending by-law for Council’s consideration; and further, the Chief Administrative Officer and CR208/2017 City Clerk BE AUTHORIZED to sign all necessary documents approved as April 10, 2017 C 46/2017 City Solicitor Clause II to form and content satisfactory to the City Solicitor, and any subsequent transactions BE COMPLETED electronically pursuant to By-Law Number 366-2003.
Consolidated Agenda - February 5, 2018 Page 100 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the report of the City Solicitor dated March 24, 2017 entitled “Response to CQ52/2016 Regarding Waterfront Property Acquisition”, BE RECEIVED for information; and further, April 24, 2017 CR236/2017 CM 18/2017 City Solicitor That the $2,000,000 which was earmarked for the purpose of acquiring riverfront property and was deferred by administration to 2015, BE REFERRED to the 2018 budget deliberations for consideration. That consistent with the provisions contained within RFP #22-17 and in accordance with Purchasing Bylaw 93-2012 and amendments thereto, the City Clerk and CAO BE AUTHORIZED to execute an agreement with MCW Custom Energy Solutions Ltd. to provide the complete audit, detailed redesign, and construction management of 30 City facilities’ lighting systems at a total cost not to exceed $157,525 (exclusive of HST) to be funded from the $1.2 million approved in principle in the 2019 capital budget, subject to approval in legal content to the City Solicitor, in financial content to City Treasurer and in technical content to Senior Manager of Asset Planning; and,
That Council APPROVE, in accordance with purchasing by-law 93-2012 to proceed with issuing of an RFP for the purpose of retaining a firm to April 24, 2017 CR245/2017 C 71/2017 City Treasurer construct/ implement the LED lighting conversion for the 30 facilities; and,
That Council DIRECT Administration to report back the outcome of the LED lighting construction RFP, identifying the successful proponent along with an updated detailed business case analysis; and,
That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign as may be required agreements and contracts with the Provincial Government and its affiliated agencies as well as EnWin Utilities; such documents to be satisfactory in form to the City Solicitor, in technical content to the Senior Manager of Asset Planning, and in financial content to the City Treasurer.
Consolidated Agenda23 - February 5, 2018 Page 101 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the report of the Executive Director of Human Resources dated March 20, 2017 entitled “CR459/2016 Proposed Plan for 1 year Pilot Project for EPI-Pens in City-owned facilities – CQ8-2016”, BE RECEIVED Executive Director of for information; and further, April 24, 2017 CR253/2017 C 47/2017 Human Resources That Administration BE DIRECTED to report back on the model used by the City of Hamilton, and what avenues might be available to the City of Windsor to adjust our model with the Health Unit accordingly.
CR290/2017 SCM 25/2017 That Administration BE DIRECTED to prepare a report on a different Manager of Transportation May 8, 2017 ETPS 464 S 28/2016 design/implementation of eco passages to be brought to Council for Planning/City Engineer Clauses I-III S 187/2016 consideration during the 2018 budget deliberations.
That the report of the Environment, Transportation and Public Safety Standing Committee of its meeting held April 19, 2017 regarding “South Cameron Neighbourhood On-Street Parking & Traffic Operations” BE DEFERRED in order for Administration to REPORT BACK on reviewing the potential impact of allowing parking on the following 5 streets on Manager of Transportation May 29, 2017 CR312/2017 S 30/2017 Fridays only between 11:00 o’clock a.m. and 4:00 o’clock p.m.: Mark, Planning Everts, Curry, McKay and Longfellow; and further,
That the results of this review BE PROVIDED at a future meeting of the Environment, Transportation and Public Safety Standing Committee; and that all affected residents BE NOTIFIED.
V. That Administration BE DIRECTED to report back to City Council as CR313/2017 part of the 2018 budget on alternative routes and relevant logistical details May 29, 2017 C 76/2017 City Planner Clause V including frequency, duration, budget, staffing, sponsorships and management for consideration of future open streets events beyond 2017.
Consolidated Agenda - February 5, 2018 Page 102 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That City Council RECEIVE the results of the Vacancy Rebate Program review for information; and, That City Council DIRECT that Administration make application to the Ministry of Finance requesting regulatory authority to restrict the vacancy rebate as it relates to individual annual applications within the Downtown Business Improvement Area as follows: Rebate for Main Street, Ground level Commercial Properties: (non-office towers) • Year One – 100% of the 30% • Year Two – 50% of the 30% • Year Three – 0% of the 30% That Administration BE DIRECTED to bring forward, for consideration any savings, as attributed to changes in the vacancy rebate program, as part of June 5, 2017 CR348/2017 C 83/2017 City Treasurer the 2019 Operating Budget process for discussion; and,
That subject to Ministerial consent, Administration BE DIRECTED to monitor the economic impact of the change to the vacancy rebate program within the Downtown Business Improvement Area for a period of five years and bring a report back to City Council for information; and,
That City Council DIRECT Administration report back in 2018 as to the feasibility and potential impacts of limitations to the city-wide vacancy rebate program including: • Application within the other 8 City Business Improvement Area’s • Other properties located throughout the City where there are multi-year applications That the specific savings from the Vacancy Rebate Program (currently within the DWBIA) BE REPORTED BACK to Council with explicit options (within the DWBIA boundaries) for projects and/or possibilities for programs that would contribute to combating the empty storefronts, such June 5, 2017 CR351/2017 C 83/2017 City Treasurer as CIP’s or other mechanisms like facade grant programs; and further, that in future years as this is rolled out in other BIA’s, that the same /or similar explicit options within the respective BIA’s, be explored and reported back to Council.
CR366/2017 6. That the agreement, when finalized, BE REPORTED BACK directly to June 19, 2017 CM 24/2017 City Solicitor Clause 6 City Council for final approval;
Consolidated Agenda25 - February 5, 2018 Page 103 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the report of the City Planner dated June 12, 2017 regarding “Request for site specific amendments to current zoning regulations and permitted July 17, 2017 CR394/2017 S 91/2017 City Planner uses to 5 properties located at 3169-3199 Dougall Ave – Ward 1” BE DEFERRED to a future meeting of Council to allow for the applicant to provide an amended proposal. That the recommendation from the Public Art Advisory Committee for the approval of the installation of the Erie Street Clock in the Erie Street Roundabout by the Erie Street BIA BE RECEIVED; and further,
That Administration BE AUTHORIZED to negotiate an agreement with the Erie Street BIA including each partner’s obligations and responsibilities, the July 17, 2017 CR413/2017 S 100/2017 Manager of Cultural Affairs transference of ownership of the clock and other rights to the City of Windsor, and the development of a maintenance Trust Fund to be utilized for future maintenance and repairs; and further,
That Administration REPORT BACK directly to City Council on the draft terms and condition of an agreement with the Erie Street BIA for final approval.
That Administration REPORT BACK with respect to conducting an EOI for August 8, 2017 CR472/2017 C 123/2017 Chief Administrative Officer the rental of the commercial space in the Goyeau Street Parking garage.
That Administration REPORT BACK to City Council on the capital and operating improvements required at both the Goyeau and Pelissier Street garages that would improve lighting, cleanliness, and appearance of these garages, including the cost of implementing these upgrades and August 8, 2017 CR473/2017 C 123/2017 Chief Administrative Officer appropriate operating method. In addition, Administration should look at the appropriate monthly and hourly rates needed across the entire City owned parking system to make these capital and operating improvements and make rate recommendations to City Council by December 2017.
Consolidated Agenda - February 5, 2018 Page 104 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director I. That the report entitled CQ 17-2017 “Standards for Public Right of Way and Private Property Restoration as a Result of Works Undertaken in the Public Right of Way”, BE RECEIVED for information; and, II. That Administration REPORT BACK on the results of the alternative product to be used on a road rehabilitation project; and, III. That Administration REPORT BACK regarding an alternative August 8, 2017 CR452/2017 S 104/2017 City Engineer restoration service delivery model being contemplated for the 2018 construction season; and IV. That Administration PROVIDE additional information regarding the need to strengthen the language used in the administrative report regarding the superiority of seed and fallibility of sod; and, V. That administration REPORT BACK regarding options to turf grass which would satisfy current right of way standards. That City Council AUTHORIZE administration to proceed to implement the Management Action Plan created in response to the findings of the “Review of Cash Control Procedures” internal audit report; and, August 8, 2017 CR456/2017 S 120/2017 Chief Financial Officer That City Council DIRECT administration to report on the progress of the implementation of the Management Action Plan, and that such reports should coincide with Pricewaterhouse Coopers LLP’s quarterly updates to Council. That City Council AUTHORIZE administration to proceed to implement the Management Action Plan created in response to the findings of the “Service Provider and Outsourced Services Governance and Management” internal audit report; and, August 8, 2017 CR458/2017 S 121/2017 Chief Financial Officer That City Council DIRECT administration to report on the progress of the implementation of the Management Action Plan, and that such reports should coincide with Pricewaterhouse Coopers LLP’s quarterly updates to Council.
Consolidated Agenda27 - February 5, 2018 Page 105 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the report of the Chief Financial Officer & City Treasurer dated June 29, 2017 regarding the 2018 Proposed Budget Process & Timeline BE RECEIVED for information; and, That City Council APPROVE the proposed budget process and budget development timelines; and, That City Council COMMUNICATE to Administration any key council priorities relative to the development of the 2018 budget, including fiscal goals and any desired increases or decreases to specific service levels and/or changes to the methodology of how the services are currently Chief Financial Officer & August 8, 2017 CR474/2017 C 106/2017 delivered; and, City Treasurer That through the 2018 budget process, a 6-year Capital Budget Plan BE UPDATED to include projects for the year 2023 and balanced to projected available funding; and, That an updated 5-Year Debt Reduction / Reserve Enhancement Model BE PREPARED and included in the 2018 Budget Documents; and, That an updated 5-year Sewer Surcharge model BE DEVELOPED and included in the 2018 Budget Documents; and, That administration REPORT BACK on options and best practices for the budget deliberation process including conducting the meeting over 2 days.
I. That the Official Plan Amendment shown in Appendix B to the Memo dated August 10, 2017 regarding new land use policy and schedule applicable to off-street parking areas within Traditional Commercial Streets BE ADOPTED; and, II. That amendment to Zoning By-law 8600 as shown in Appendix C to the Memo dated August 10, 2017 regarding new zoning provisions applicable August 28, 2017 CR485/2017 S 99/2017 City Planner to off-street parking areas within Traditional Commercial Streets BE PASSED; and, III. That the Demolition Control By-law shown in Appendix C to Report # S 99/2017 BE PASSED; and, IV. That the City Planner and City Engineer jointly REPORT BACK to City Council within 18 months regarding issues arising from recommendations I - III and options for measures that may further support the amendments.
Consolidated Agenda - February 5, 2018 Page 106 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
THAT Council DIRECT Administration to report back to Council should the Expression of Interest be accepted and the City invited to submit the CR515/2017 August 28, 2017 C 135/2017 Chief Administrative Officer Comprehensive Project Proposal, which would be due November 6, 2017, Clause 4 to confirm Council support for the submission and recommend funding source options for the municipal portion of the project.
That the report of the Manager of Social Policy and Planning dated August 16, 2017 entitled “Response to CQ14-2017: Information Report on the Manager, Social Policy and September 5, 2017 CR527/2017 S 156/2017 Sanctuary City Movement in Canada “BE REFERRED to the Diversity Planning Committee for their review and consultation; and, That the results BE REPORTED back to Council. That City Council AUTHORIZE Administration to proceed with the renovation of the Central Park Tennis Courts for a cost of up to $100,000 inclusive of unrecoverable HST; and further, That the award of the project be PRE-APPROVED, subject to being within the allocated budget; and further, September 5, 2017 CR528/2017 C 143/2017 Chief Administrative Officer That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign the agreement, in form satisfactory to the City Solicitor, financial content to the City Treasurer and technical content to the Corporate Leader of Parks, Recreation & Culture, and Facilities; and further, That Administration REPORT BACK to City Council through a Communication Report on the final costs associated with the project.
Consolidated Agenda29 - February 5, 2018 Page 107 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That City Council APPROVE $6,804,172 in additional funding to allow all 28 playground units to be replaced as outlined in the report; and, That the project be funded as follows: 1. Pre-commitment of 2019 and 2021 funds approved in principle in the 2017 5 year capital budget for $350,000 (PFO-005-12) and $1,500,000 (PFO-002-15) respectively; and, 2. Reallocation of approximately $4.3 million from the 2014 enhanced capital budget placeholder of $7.2 million (less the amount of the placeholder already redirected by Council at a recent meeting) for a new multi storey parking garage; and, September 5, 2017 CR539/2017 C 142/2017 Chief Financial Officer 3. Pre-commitment of $654,172 from the 2018 Capital Budget. That Administration BE DIRECTED to report back as part of the 2018 budget process on any potential strategies to reduce or eliminate the impact of the required pre-commitment on any projects already approved in principle by way of the 2017 Capital Budget; and, That Council RECEIVE for information that it is projected that incremental annual funding of $1,500,000 or more will be required to sustain the playground network for the next 20 years; and, That Administration BE DIRECTED to actively pursue any grant opportunities to fund this project. That in the event written confirmation is received by the City indicating that funding has been approved under the NDMP in respect of the project CR540/2017 submitted by the City, Administration BE DIRECTED to report back to September 5, 2017 C 119/2017 Chief Financial Officer Clause 6 Council on direction of whether or not to proceed with the project and that the report include a recommended funding strategy to addressed the annual costs associated with the solution.
That the report of the City Engineer dated February 15, 2017, entitled “Little River Dykes Flood Protection” BE DEFERRED to a future meeting of Council to allow for Administration to conduct visits to every home which has encumbrances in order to have discussions with the affected property September 18, 2017 CR567/2017 C 34/2017 City Engineer owners; and,
That Administration REPORT back to Council options for homeowners including any available financial assistance to offset costs and timelines moving forward.
Consolidated Agenda - February 5, 2018 Page 108 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the report of the Chief Building Official dated February 14, 2017 entitled “Response to CQ66-2015 Vacant Property Registry” BE RECEIVED for information; and further,
That a vacant building registry NOT BE IMPLEMENTED; and,
That a detailed analysis of Option A – Enhanced Enforcement to BE October 2, 2017 CR612/2017 C 31/2017 Chief Building Official FUNDED as a pre-commitment to the 2018 budget BE APPROVED; and,
That Administration BE DIRECTED to prepare a report by the end of 2018 on the effectiveness of this program, as well as fee increases for Council’s consideration to potentially make it cost recovery; and,
That Administration REPORT BACK in 8 months on the viability of a Vacant Property Registry, once all the information has been gathered.
That the report of the City Solicitor dated September 19, 2017 entitled “Response to CQ13-2017 – current by-laws relating to feeding of wildlife and how they can be amended to reduce neighbourhood issues” BE RECEIVED for information; and further,
October 16, 2017 CR625/2017 C 165/2017 City Solicitor That Administration BE DIRECTED to prepare a further report for Council’s consideration on a draft stand-alone by-law pertaining to the feeding of wildlife within the city limits along with certain exceptions, and which would provide for a definition of “pests” and “wildlife”; and that Administration also REPORT BACK on possible corresponding amendments necessary to the Property Standards By-law 147-2001.
Consolidated Agenda31 - February 5, 2018 Page 109 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That Council AUTHORIZE Administration to execute FIT 5.0 contracts for the two IESO approved Photovoltaic (PV) Systems at the following two sites: Parks and Recreation Maintenance Building and Little River Pollution Control Plant; and,
That Council APPROVE an amount of $1,550 for Contract and Performance Security Deposits and the funds will be paid out of project ID #7085900 (CR 642/16 previously approved funds for FIT 5.0applications; and,
That Council APPROVE the issuing of a Request for Proposal (RFP) in accordance with Purchasing Bylaw 93-2012 for the City’s installation of two October 16, 2017 CR629/2017 C 178/2017 Chief Administrative Officer PV systems at Parks and Recreation Maintenance Building and Little River Pollution Control Plant; and,
That Council DIRECT Administration to report back on the RFP outcome identifying the successful proponent along with a detailed business case analysis for each project and recommended funding source(s) for Council to consider and approve; and,
That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign as may be required agreements and contracts with the Provincial Government and its affiliated agencies as well as EnWin Utilities; such documents to be satisfactory in form to the City Solicitor, in technical content to the Manager of Energy Initiatives and in financial content to the City Treasurer. That the report of the City Engineer dated August 3, 2017 entitled “2017 Report on the State of our Environment – City Wide” BE RECEIVED for information; and further, October 16, 2017 CR643/2017 S 147/2017 City Engineer That Administration BE DIRECTED to prepare a report for consideration during budget deliberations on the tree planting budget.
Consolidated Agenda - February 5, 2018 Page 110 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the design concept for the “Sandwich Town Arch” project, as depicted in Appendix ‘A’, which spans Sandwich Street between Paterson and McKee parks, BE APPROVED in accordance with the Ontario Heritage Act, Part V. and The Sandwich Heritage Conservation District policies, section 5.6.2 - Approvals for Public Property and Infrastructure; and,
That Administration BE AUTHORIZED to engage the Public and the Sandwich Town Community in the creation of “Heritage Story” plaques/tableaus, which will attached to the abutments of the “Sandwich Town Arch,” and tell the stories of the historic events, people, architecture and sites located within Sandwich Town; and,
October 16, 2017 CR621/2017 S 177/2017 City Planner That Administration BE DIRECTED to report back to City Council for approval of the “Heritage Story” plaques/tableaus for approval prior to the fabrication and installation; and,
That Administration BE DIRECTED to fund the “Heritage Story” plaques/tableaus as part of the “Sandwich Town Arch” project, which will be brought to City Council as part of a separate report that is forthcoming to City Council; and,
That the City Planner BE AUTHORIZED to approve minor changes to the “Sandwich Town Arch” design that may affect the heritage elements of the design.
Consolidated Agenda33 - February 5, 2018 Page 111 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director ... That pending the restoration of the Street Car #351, City Council APPROVE IN PRINCIPLE the installation of Street Car #351 into a Riverfront Park location with a future report to City Council for site location approval and funding request to install at said location and to develop a maintenance fund for future requirements; and further,
That administration BE DIRECTED to undertake a public consultation process on this project, and that following this process, that an administrative report BE PREPARED for Council’s consideration no later than 6 months after the Trolley is accepted from the current owner, to provide options as to usage if it is for some kind of vending (e.g., food October 16, 2017 CR648/2017 C 180/2017 Chief Administrative Officer and/or drink) or anything of that nature, including costs for transportation, placement, and potential sites; and further,
That the CAO and City Clerk BE AUTHORIZED to sign any other documents required to bring effect to these resolutions, in form satisfactory to the City Solicitor, in financial content satisfactory to the City Treasurer/Chief Financial Officer, and in technical content to the Corporate Leader of Parks, Recreation, Culture and Facilities and Executive Director of Recreation and Culture; and further,
That administration BE DIRECTED to undertake fundraising and to REPORT BACK to Council in 6 to 12 months on the result of fundraising efforts that would help pay for part or all of the costs towards this project.
Consolidated Agenda - February 5, 2018 Page 112 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
That City Council APPROVE submission of the Golf Cart Conversions at Roseland Golf and Curling Club to the Municipal GHG Challenge Fund; and,
That City Council CONFIRM their commitment to the project submission; and,
That the Chief Administrative Officer BE AUTHORIZED to execute any agreements, declarations or approvals required to submit this application to the Municipal GHG Challenge Fund; and,
November 6, 2017 CR661/2017 C 188/2017 Chief Financial Officer That the Chief Administrative Officer and the City Clerk BE AUTHORIZED to take any such action and sign any such documentation as may be required to effect the recommendations and funding for Municipal GHG Challenge Fund as noted above, subject to all documentation being satisfactory in legal form to the City Solicitor, in technical content to the City Engineer and in financial content to the City Treasurer; and,
That in the event written confirmation of the grant funding being awarded, City Council DIRECT Administration to report back on final funding recommendations regarding the business case and any impact to future operating budgets, capital budgets and to capital reserves relating to the golf cart conversion project at Roseland Golf and Curling Club. III. That the Supervisor, Environmental Sustainability and Climate Change CR673/2017 November 6, 2017 S 183/2017 City Engineer BE DIRECTED to bring the draft 2017 Environmental Master Plan back to Clause III Council for final approval. That City Council RECEIVE FOR INFORMATION an update on the submission of the Emergency Notification System to the National Disaster Mitigation Fund; and, November 6, 2017 CR697/2017 C 187/2017 City Solicitor That City Council DIRECT Administration to pursue community partnerships for the implementation of a multi-use Emergency Notification System and, should such discussions prove successful, REPORT BACK to council with the related business plan.
Consolidated Agenda35 - February 5, 2018 Page 113 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director
...That the Chief Administrative Officer BE AUTHORIZED to execute any agreements, declarations or approvals required to submit one or multiple applications to FCM Municipalities for Climate Innovations Program;
November 20, 2017 CR714/2017 C 153/2017 Chief Administrative Officer That in the event the City receives written confirmation of the grant funding being awarded to the Organics Waste Processing Study, City Council DIRECT Administration to report back on final funding recommendations to support the City’s portion of the grant requirement...... That City Council AUTHORIZE Administration to proceed to implement the Management Action Plan as prescribed in the detailed internal audit reports; and,
That City Council DIRECT Administration to report on the progress of the implementation of the Management Action Plans and that such reports November 20, 2017 CR718/2017 SCM 192/2017 Chief Financial Officer should coincide with Pricewaterhouse Coopers LLP’s quarterly updates to Council; and further,
That Administration BE DIRECTED to prepare a report for Council’s consideration, after working with the BIA’s through WBIAC, on the resources determined as necessary to overcome the noted concerns in the Internal Audit Report for BIA’s. That the report of the City Clerk dated September 7, 2016 entitled “Residential Rental Licensing”, and the report of the City Planner dated C 169/2016 and November 20, 2017 CR734/2017 City Planner February 13, 2017 entitled “Residential Rental Enforcement and Future C 28/2017 Zoning” BE DEFERRED to allow for all members of Council to be in attendance.
Subject to being awarded the 2022 CAN-AM Police-Fire Games;
That the Mayor BE AUTHORIZED to sign the host agreement which has been approved as to form by the City Solicitor, financial content by the City December 4, 2017 CR747/2017 C 200/2017 Sports Tourism Officer Treasurer and technical content by the Sports Tourism Officer; and further, If Windsor is awarded the Games, that Administration BE DIRECTED to submit all required reports, including the final report, within the timelines specified in the Agreement.
Consolidated Agenda - February 5, 2018 Page 114 of 131 Outstanding Council Directives Tracking Log Updated:1/29/2018
Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That Administration BE DIRECTED to report back to Council on options in developing a Sports Tourism Strategic Plan which would determine goals December 4, 2017 CR764/2017 C 200/2017 Sports Tourism Officer and metrics to be used to determine successes as well as establishing an annual budget.
That the report of the Manager – Arena’s & WFCU Centre dated November 23, 2017 entitled “Concession Group Canada Inc. (CGC) Request for Agreement Amendments” BE REFERRED to Administration to allow for discussions in terms of when customer service is provided and provide Executive Director, December 18, 2017 CR778/2017 C 220/2017 options for a realigned delivery model, along with possible joint-marketing Recreation & Culture strategies; and,
That the results of these discussions BE REPORTED BACK to Council in the form of a comprehensive report.
That Administration BE DIRECTED to prepare a report for Council’s consideration outlining draft comments by the City of Windsor to the Essex Region Conservation Authority (ERCA) as it relates to ERCA’s policies and January 8, 2018 CR22/2018 CMC 1/2018 City Solicitor procedures being circulated to affected municipalities for consultation, as well as the potential impact to the city’s contribution/funding options to ERCA and any other perceived or projected changes that may occur. That the Report of the Planning, Heritage and Economic Development Standing Committee of its meeting held November 14, 2017 regarding “Iona College/Stuart-Macdonald House, 208 Sunset Avenue – Request for January 8, 2018 CR6/2018 S 196/2017 City Planner Demolition of Heritage Register-Listed Property” BE DEFERRED to the February 5, 2018 meeting of Council, to allow for all of the University of Windsor team to be present at the Council meeting as a delegation and to be available for questions by Council. 6. That City Council DIRECT Administration to report back with a communication report to City Council regarding the challenge statement identified before submitting Phase 1 of the Smart Cities Challenge on April CR16/2018 January 8, 2018 C 242/2017 Chief Administrative Officer 24 2018; and, Clauses 6 and 8 8. That a formal request BE ISSUED to all the partners requesting a financial contribution, and that a report BE PREPARED for Council’s consideration once the funding process for this initiative is completed.
Consolidated Agenda37 - February 5, 2018 Page 115 of 131 Motion/ Report CLT Member/ Meeting Date Action Status Resolution Number Executive Director That the following notice of motion presented by Councillor Payne at the January 8, 2018 meeting of Council, BE REFERRED to Administration to Manager Policy Gaming January 8, 2018 CR20/2018 allow for a review and REPORT BACK to Council on how this may or may Licence & By-Law not work in the context of the City of Windsor operationally, as well as input from the Humane Society:...
Clerk's Note: The listing of items prior to January 1, 2011 should not be considered complete at this point in time.
Clerk's Note: This summary chart is not intended to replace the actual minutes of all proceedings.
Consolidated Agenda - February 5, 2018 Page 116 of 131 ADDITIONAL \!FORMATiON '^ y
February 2, 2018 Anne-Mane Laniak & Kevin Flood a iTEM NO. il-t www.Lancehomes.ca //.3 Kevin [email protected] 519-796-6040
To Beth Totdo, City of Windsor Council Services
Re: 11.2 & 11.3 rental licensing proposals
Dear Beth,
May 1 please be a participant to speak at City Council Monday night?
Author - Valerie Critchley Subject - Residential Rental Licensing I support Administration's recommendation to "Note and File."
Licensing cannot make homes safe. Bad landlords will not voluntarily come forward to license. A chronic drunk driver knows how to avoid the RIDE check and a landlord with property violations will know how to market the product away from prying eyes.
Licensing will take money from good landlord's M & R operating budget used for interior home repairs such as flooring, kitchen cabinets, and bathroom updates. There could also be a negative valuation effect on neighbours properties if the landscaping budget is reduced. The Waterloo proposal would cost $1,500.00. o Fee structure - prelim consultation $88.00 o License 6 bedroom $600.00 + o Electrical Safety Inspection $300.00 o Fire Inspection $200.00 o Building Inspection $200.00 o HVAC $100.00 o Police check
Some of those costs will be passed onto tenants.
Recently Toronto, Hamilton, and Guelph have turned down rental licensing proposals.
Licensing/taxes that do not achieve results are "regressive.
194 Campbell Avenue, Windsor, Ontario, N9B 2H2 519-253-0860
Consolidated Agenda - February 5, 2018 Page 117 of 131 Author - Thorn Hunt Subject - Residential Enforcement and Future Strafesv I support Administration^ recommendations: (I), (II), & (III).
This is the first time since Councilor Jones raised the question in 2003 that a comprehensive strategy has been put forward. I agree to the "increased capacity of enforcement staff... for a 2 year pilot period." (II)
1 support both pro-active and a 311 complaint driven enforcement program of inspections and directives using existing Building Code, Fire Code, and Property Standards regulations, all of which arc currently part of the municipal "tool kit."
This strategy should also be used to capture poor quality owner" occupied properties too.
I support a revenue neutral program that charges owners of property standard violations.
I support an education program for tenants, particularly for refugees.
Sincerely,
Kevin Flood
194 Campbell Avenue, Windsor, Ontario, N9B 2H2 519-253-0860
Consolidated Agenda - February 5, 2018 Page 118 of 131 February 5, 2018, Item 11.4 Additional rnformation submitted by University of Windsor
EXI&T1N& PARKING ; TO SE REMOVED
-^=s
- ?tHtnn EXlSTItsKs BUILDINiS TO BE RB10VED ./^ ^ LARSE EXISTING TREE TO FSriAIN EXISTING PLANTS TO RET-IAIN SLtt£E" .a^JLjE EXISTING BOt-t-ARO LIGHTS TC- BE SITE IDENTIFICATION REMOVED PLA3UE AT END OF EX1STINS SITE PLAM EXt&Tthte/^tDBUALK EXISTING PLANTS AND IUOOD PLANTER TO 20S F3EMAIN SUMSET 1UMDSOR OhTTdRIO MUNICIPAL SIDEUJALK TO F3EMAIN EXIST INS PLANTIUa AND TIMBER FUNTSER TO REMAIN SITS PLAM FINS BCUI.DEK jp anoUnpcavEF •O BE REnovED EXISTMS SIOEUMLKA ON PRIVATE PSOPEKTT TO BE RQIdVEO PROPOSED SITE PLAN SCALE W • l'-0" LA-1 e> y w »• 30' w UChimuttfhn Consolidated Agenda - February 5, 2018 Page 119 of 131 TECHNICAL r^r<<"^ Minority Business Certifieci SNP Technical Services Inc. Toll Free; (877) SNP-9099 Fax: (877) SNP-9199 Email: [email protected] Website: snp-tech.com 1333 Rochester Road, Suite 200 3380 South Services Road, Suite 105 1880 Assumption St, Suite 100 NEX-Alttus Corporate Center Troy, Michigan, USA 48083 Burlington, OK, Canada, L7N 3JS Windsor, OH, Canada, N8Y 1C-1 Av. Sierra Leona Ho.360 Piso 9 HV1S TeL (248) 284-4123 Tel. {289} 801-9535 Tel, (519) 800-0873 Col. Vlila Antigua C.P.78234 San Luis Potosl, S.L.P, Mx. Tel. +52 (41-1} 870-1290 January 24,2018 Mr. Colin McLellan, P.Eng, Associate Director, Capital Projects Planning, Renovations and Construction Facility Services UNIVERSITY OF WINDSOR E-mail: [email protected] Re: University of Windsor- Residence at 208 Sunset Ave. Visual Structural Condition Assessment - January 22,2018 SNP Project No. 00125 Dear Mr. McLellan: SNP Technical Services, Inc. (SNP) is pleased to submit this letter of opinion regarding my recent visit to the residence at 208 Sunset Avenue. In addition to the site visit, 1 aiso reviewed the AMEC Cultural Heritage Evaluation dated April 12, 2017. Your concern is the functionality of the primary supporting structure of the residence not addressed in that report regarding any future use, renovation or remodeling. The building construction is typical for residential construction of that time with masonry foundation walls, wood stud bearing walls and wood joist rafters. Most of the structure is concealed by exterior stucco and interior wait and ceiling cladding. The exposed foundation walls did not exhibit cracking that would indicate a problem with settiement or failure to restrain soii pressure. Wood construction that was observed in various openings in walls and ceilings was what would be expected for stud and joist construction without deflection or decay, It is my opinion that what was observed is a structure that is basically functioning as originally intended without any appearance of major structural insufficiency. However, if this building remains in its' current deteriorated condition, moisture damage could seriously compromise the primary structural elements and the lateral bracing components. Due to the limited area of observation, it is possible that as restoration work proceeds and more of the primary structure is exposed, unsuitable conditions may be found that would require remediation. SNP would be pleased to assist you and your contractors, as needed, to inspect areas of concern or to offer solutions to any encountered unexpected problems. Professionally Yours, (._0^^'h^f^r Tito R. Marzotto, PEng, FASCE T. B. WARZOHO Structural Consultant j7~L Tel. (519) 800-0873.ext.32 Email: [email protected] f6feavff^ U-tteroFOpinian Page I of 1 UWindsor-208 Sunset Residence SNP Tecfinicaf Sfn'icc.f /;)<', Consolidated Agenda - February 5, 2018 Page 120 of 131 VINCE FERRO CONSTRUCTION LTD, January 25,2018 University of Windsor 401 Sunset Ave, Chrysier Hall Windsor On N9B 1P4 Attn; Dan Castellan Re: Restoration and Renovation of lona College 208 Sunset Ave Windsor On Dear Dan, We are submitting our proposal for the restoration and renovation to lona College as per our site review. The building is in disrepair and will require major work to return it too original condition. The following is our scope of work and cost: Asbestos removal and remediation as per report Replace exterior stucco, replace windows, roof, eaves and shutters New flat roof on rear addition (witnessed water stains throughout Repair porch and portico due to rot of wood Repoint brick as per stairs as require Interior renovation of three floors, demolition and new finishes New HVAC and plumbing throughout, the existing system is a boiler which was not working when we attended the site New electrical and fire alarm as required New fire exits For a proposed cost of...... $ 2,250,000.00 plus HST 3244 Walker Road Suite 200 Windsor ON N8W 3R8 P (519) 969.4020 F (519) 969.4021 www.vinceferro.com Consolidated Agenda - February 5, 2018 Page 121 of 131 This does not include: -design drawings -permit "bonds - unforeseen conditions such as items that deteriorated piping, wood under roofs and eaves. - Any site work outside is not included We have assumed all the services entering the building are in useabfe condition and are not responsible for incoming services or the cost to repair them Should you have any questions, please feel free to contact the undersigned. "h^ftk ycfU> Rose Ferro Vice Pres of Operations Vince Ferro Construction Ltd. Consolidated Agenda - February 5, 2018 Page 122 of 131 n^nrMO ADDITIONAL VO^USO INFORMATION From: Sara Wharton [mailto:[email protected]] \ | ^.IVt INIUa ^ ^* Sent: Monday, December 18, 2017 10:47 AM To: Anneke Smit; mayoro; Francis, Fred; Elliott, John; Bortolin, Rino; Holt/ Chris; Sleiman, Ed; Gignac, Jo-Anne (Councillor); Kusmierczyk, Irek; Marra/ Bill; Payne/ Hilary; Borrelli/ Paul; clerks Cc: Calhoun, John; Tang/ Kristina; Sukanya Pillay Subject: Support for recommendation to heritage designate 208 Sunset Ave Dearmembersof Windsor City Council, I regret that I am unable to attend the meeting tonight to speak to the recommendation to grant heritage designation to 208 Sunset Ave. I am hoping that these remarks, previously sent to the Planning, Heritage and Economic Development Standing Committee, will be considered in relation to this agenda Issue. I am writing to you as a professor of international criminal law and as a Windsor resident to express strong support for the proposal to heritage designate the Macdonald house. I strongly echo the reasons for this designation articulated in the email sent to you earlier today from Professor Anneke Smit. As a scholar in the field of international criminal law, I want to add my voice to speak, in particular/ to the importance of preserving Windsor s role in the historical development of this field. As mentioned in Professor Smit's email/the subject of international criminal law has garnered a lot of attention recently and Canada has shown a lot of leadership in this field in recent decades. For these and the other reasons articulated in Professor Smit's email, I also strongly urge you to support the application for heritage designation of this house. Thank you for your consideration, Sara Wharton Assistant Professor Faculty of Law/ University of Windsor Sara Wharton Assistant Professor Faculty of Law, University of Windsor Windsor, Ontario, Canada [email protected] Phone: (519) 253-3000 ext. 2948 Consolidated Agenda - February 5, 2018 Page 123 of 131 From: clerks Sent: Monday, December 18, 2017 10:41 AM To: Toldo, Beth Subject: FW: Support for recommendation to heritage designate 208 Sunset Ave From: Anneke Smit [mailto:[email protected]] Sent: Monday/ December 18, 2017 10:40 AM To: mayoro; Francis, Fred; Elliott/ John; Bortolin/ Rino; Holt, Chris; Sleiman/ Ed; Gignac/ Jo-Anne (Councillor); Kusmierczyk/ Irek; Marra, Bill; Payne/ Hilary; Borrelli/ Paul; clerks Cc: Calhoun/ John; Tang/ Kristina; Sara Wharfcon; Sukanya Pillay Subject: Support for recommendation to heritage designate 208 Sunset Ave Dear members of Windsor City Council/ I understand that this matter is coming before Council tonight. I hope that you will take the time to read my comments as to why I hope you will support the designation of the Macdonald house. I am sorry to be out of the country and therefore unable to be present as a delegate this evening. In addition to the below/ I would reinforce the note that the university has never offered the property up for sale. If the concern of neighbours is that the property has not been well-kept, that is on the university. They have the option of doing the required upkeep on this important building/ or offering it up for sale. I would also note that as the law school is now not likely in the near future to move downtown/ it would be worth pursuing if this space might be of use (and certainly would be very appropriate thematically) for the Faculty of Law. I hope that you will approve the recommendation of the Planning/ Heritage and Economic Development Standing Committee. Best/ Anneke Smit ANNEKE SMIT | Associate Professor University of Windsor | Faculty of Law 401 Sunset Avenue | Windsor, Ontario CANADA N9B3P4 |+1(519) 253-3000 ext 3971 www.uwindsor.ca/law/asmit '- :@annekersmit (Sept-Dec 2017: Visiting Researcher, Centre for Migration Law, Vrije Universiteit Amsterdam) Consolidated Agenda - February 5, 2018 Page 124 of 131 From: Anneke Smit Dear members of the Planning/ Heritage and Economic Development Standing Committee/ I am writing to express my strong support for the proposal to heritage designate the Macdonald house/ coming before your committee this afternoon. I am sorry that I cannot be there as a delegate to speak to the issue in person - I am out of the country/ and having only learned late yesterday that the matter was coming before your committee today was not in a position to arrange for someone to be there in my place. Given this/1 hope that you will take the time to consider my concerns laid out in this email. I do not have email addresses for all committee members so would be grateful if you were able to forward it to your colleagues. There are numerous reasons why heritage designation of the Macdonald house is justified. Aside from the unique architectural features of the house and its inclusion in "Judges' Row"/ the Macdonald house has important associative value for Windsor and indeed for Canada. As detailed in Pat Brode's Casual Slaughters and Accidental Judgments: Canadian War Crimes Prosecution, Lt. Col. Bruce MacDonald played an important role in prosecuting war criminals who had killed Canadian prisoners of war at the end of the Second World War. Indeed/ he led Canada's first war crimes prosecution. In an era where international criminal law has come to the fore/ this history is all the more important to maintain and acknowledge. As another Remembrance Day passes/ let's not let this piece of Windsor s and Canada s history also fall. MacdonalcTs role in Canadian military history aside/ he was also a prominent judge and lecturer at Windsor law school. I think it also important to note that this house has never been put on the market-the university/ If it did not want to do the required work on the house itself/ could have offered it for sale to a buyer who would/ but this was never done. Consolidated Agenda - February 5, 2018 Page 125 of 131 Further, I note that the "in the alternative" option laid out by the City's Heritage Planning department in the proposal for designation is insufficient. A plaque and a parkette/ even If required to be open to the public/ are far less than what this property and its history call for. As the proposal notes/ this property is not an important one for the University of Windsor s master plan so that designating this house and thereby preventing Its demolition would not prove an impediment to the University's facility development plans, I urge you strongly to support the application for designation of this house. With thanks for your consideration/ AnnekeSmit Anneke Smit Associate Professor Faculty of Law University of Windsor 401 Sunset Avenue Windsor, ON N9B 3P4 1 519 253 3000 ext 3971 asmit(%uwindsor.ca www.uwindsor.ca/asmit iannekersmit Consolidated Agenda - February 5, 2018 Page 126 of 131 REPRINT OF: Item No. 8.4 THE CtTY OF riNDSOR OliTftniO. CANADA Council Report: C 1/2018 Subject: Recognition ofnewownerand assignment of Brownfield Rehabilitation Grant payments for 775 Riverside Drive East (Ward 4) Reference: Date to Council: 02/05/2018 Author: Greg Atkinson, Senior Planner 519-255-6543 ext. 6582 [email protected] Planning & Building Services Report Date; 01/02/2018 Clerk's File #: SPL/10759 To: Mayor and Members of City Council RECOMMENDATION: THAT the sale of property located at 775 Riverside Drive East, which has been approved to participate in the Brownfieid Rehabilitation Grant Program under the Brownfield Redevelopment Community Improvement Plan (CIP) BE RECOGNIZED; and THAT 1109045 Ontario Limited BE AUTHORIZED to receive payments under the Brownfieid Rehabilitation Grant Program in accordance with a grant assignment agreement entered into with the Sila Investments Limited, which has purchased 775 Riverside Drive East. EXECUTIVE SUMMARY: N/A BACKGROUND: On May 2, 2016 Councif approved a request (i.e. via CR303/2016) from 1109045 Ontario Limited (the Owner) to participate in the Brownfield Rehabilitation Grant Program under the Brownfield Redevelopment Community Improvement Plan (CIP). The approved grant program will provide an annual grant equivalent to 70% of the COUNCIL AGENDA - February 5, 2018 Page 31 of 248 Consolidated Agenda - February 5, 2018 Page 127 of 131 increase in municipal tax levy resulting from redevelopment of property located at 775 Riverside Drive East (Map 1) to offset environmental remediation costs. Following remediation and the filing of a Record of Site Condition the property was sold to Sila Investments Limited (the Purchaser) on December 15, 2017. DISCUSSION: The Brownfield Redevelopment CIP allows property owners to retain grant payments should a property be sold—provided the owner enters into an agreement with the purchaser which legally assigns the grant payments and assumes the owner's obligations (e.g. maintain the property in its rehabilitated condition). Specifically, the Brownfield Rehabilitation Grant Agreement between the City and the Owner states: 8.1. The Owner covenants to the City that if the ownership of part or all of the Property ceases for any reason to be registered in the Owner's name or is sold or reassigned prior to the advance of all of the Rehabilitation Grant payments, the Owier will immediately notify the City in writing of such change. 8.2. Upon receiving notice in accordance with section 8.1 City Council in its sole discretion, may agree to continue to provide the Rehabilitation Grants to the Owner, provided that the Owner enters into an agreement with the new owner, in a form and content satisfactory to the City, in which it is agreed that: a) the Owner shall continue to receive the Rehabilitation Grants; and b) the new owner shall assume the Owner's obligations under this Agreement. The City has received notice of the property sale under section 8.1 of the Brownfield Rehabilitation Grant Agreement. The City has also received a copy of a grant assignment agreement between the Owner and Purchaser in accordance with section 8.2 ofthe Brownfield Rehabilitation Grant Agreement. The agreement assigns any and all rights related to approved brownfield grants to the Owner. The grant assignment agreement also states that the Purchaser will assume all of the Owner's obligations set out in the Brownfield Rehabilitation Grant Agreement. Accordingly, this report recommends: • the sale of subject property be recognized by Council; and • the Owner be authorized to receive rehabilitation grant payments in accordance with the grant assignment agreement entered into with the Purchaser. COUNCIL AGENDA - February 5, 2018 Page 32 of 248 Consolidated Agenda - February 5, 2018 Page 128 of 131 RISK ANALYSIS: Having clear Council authority to issue grant payments to the Owner reduces risk to the City should either party dispute which corporation should be receiving grant payments in the future. FINANCIAL MATTERS: At the time of grant approval, Administration was advised that a multiple unit residential dwelling would be constructed in accordance with the current residential RD 3.1 zoning. The annual grant value resulting from redevelopment was estimated to be between $84,395 and $225,406 depending on the tenure of the units. Following construction the Municipal Property Assessment Corporation (MPAC) will reassess the property and provide a new assessed value from which the actual annual grant value will be derived. The total eligible cost of rehabilitating the site and filing of a Record of Site Condition incurred by the Owner was $64,368.88. Further there is $26,250 in Phase il Environmental Site Assessment costs that were not covered under the Environmental Site Assessment Grant Program, which are eligible for inclusion in the Brownfield Rehabilitation Grant Program. Based on these assumptions 100% of the eligible costs would be repaid within 1-2 years of grant payment commencement. CONSULTATIONS: The Legal and Finance Departments have been consulted in the preparation of this report. CONCLUSION: It is recommended that Council recognize the sale of subject property and authorize the Owner to receive rehabilitation grant payments as assigned via grant agreement entered into with the Purchaser. PLANNING ACT IV1ATTERS: N/A COUNCIL AGENDA - February 5, 2018 Page 33 of 248 Consolidated Agenda - February 5, 2018 Page 129 of 131 APPROVALS: Name Title Michael Cooke Manager of Planning Policy Thorn Hunt City Planner Shelby Askin Hager City Solicitor Janice Guthrie Deputy Treasurer - Taxation and Financial Project Janice Guthrie for Joe Mancina CFO/City Treasurer Onorio Colucci Chief Administrative Officer NOTIFICATIONS: Name Address Email Bill Salzer Kgd321 @hotmail.com Laura Fanelli [email protected] Barton J. Seguin [email protected] APPENDICES: Map 1: Location COUNCIL AGENDA - February 5. 2018 Page 4 of 4 Page 34 of 248 Consolidated Agenda - February 5, 2018 Page 130 of 131 0 0 c 3: 0 I— jl~s ^ t?u^ > Q 1_ —• n N) ffi -?1- 0~ C05 w Consolidated Agenda - February 5, 2018 Page 131 of 131