CITY OF WINDSOR AGENDA 02/25/2019 City Council Meeting Date: Monday, February 25, 2019 Time: 6:00 o’clock p.m. Location: Council Chambers, 1st Floor, Windsor City Hall MEMBERS: Mayor Drew Dilkens Ward 1 - Councillor Fred Francis Ward 2 - Councillor Fabio Costante Ward 3 - Councillor Rino Bortolin Ward 4 - Councillor Chris Holt Ward 5 - Councillor Ed Sleiman Ward 6 - Councillor Jo-Anne Gignac Ward 7 - Councillor Irek Kusmierczyk Ward 8 - Councillor Gary Kaschak Ward 9 - Councillor Kieran McKenzie Ward 10 - Councillor Jim Morrison COUNCIL AGENDA - February 25, 2019 Page 1 of 346 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, 2019 in accordance with By-law 176-2018 2. CALL TO ORDER - Playing of the National Anthem 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. ADOPTION OF THE MINUTES 5. NOTICE OF PROCLAMATIONS “Black History Month” - February 2019 “Heritage Week” - February 18–24, 2019 Flag Raising: “International Mother Language Day” - February 21, 2019 6. COMMITTEE OF THE WHOLE 7. COMMUNICATIONS INFORMATION PACKAGE 7.1. CORRESPONDENCE (This includes both Correspondence AND Communication Reports) 7.2. Upcoming Legislative Proposals and Changes -- City Wide (C 28/2019) 7.3. Results of the 2018 Tax Sale proceedings and the proposed 2019 Tax Sale process (C 21/2019) COUNCIL AGENDA - February 25, 2019 Page 2 of 346 7.4. 2019 BIA Interim Levy Approval Process (C 20/2019) 7.5. Performance Appraisal Report (for period of January - December 2018) (CM 6/2019) 8. CONSENT AGENDA 8.1. Bill 68 – Changes to Municipal Conflict of Interest Act – new requirements regarding declarations of interest (CM 7/2019) 8.2. Bill 68-Municipal Act Changes and Requirement for Municipal Tree Canopy Policies (C 29/2019) 8.3. 2019 Schedule Of Fees for Recreation and Culture (C 15/2019) 8.4. A By-Law for the Repair and Improvements to the Hawkins Drain (C 13/2019) 8.5. Endorsement of Mark Winterton as the Regional Public Works Commissioner of Ontario Chair (C 140/2018) 8.6. Declaration of Vacant Lands Municipally Known as 251 Watkins Street and 291 Watkins Street Surplus and Authority to Offer for Sale - Ward 2 (C 17/2019) 8.7. Declaration of Vacant Land Municipally Known as 1010 Wyandotte Street West Surplus and Authority to Offer for Sale - Ward 3 (C 18/2019) 8.8. Bill 68 - Pregnancy/Parental Leave for Elected Officials (C 27/2019) 8.9. Council Self-Assessment Mechanism (C 26/2019) 8.10. Ontario Municipal Commuter Cycling (OMCC) Program submission of new project (C 23/2019) CONSENT COMMITTEE REPORTS 8.11. Minutes of the meeting of the Committee of Management for Huron Lodge held September 17, 2018 (SCM 19/2019) (SCM 364/2018) 8.12. Minutes of the Executive Committee and Board of Directors, Willistead Manor Inc. meetings, held on October 11, 2018 (SCM 20/2019) (SCM 406/2018) 8.13. Minutes of the Windsor Accessibility Advisory Committee of its meeting held September 27, 2018 (SCM 21/2019) (SCM 399/2018) 8.14. Minutes of the Housing Advisory Committee of its meeting held November 20, 2018 (SCM 22/2019) (SCM 6/2019) 8.15. Minutes of the Seniors Advisory Committee of its meeting held September 4, 2018 (SCM 23/2019) (SCM 363/2018) COUNCIL AGENDA - February 25, 2019 Page 3 of 346 8.16. Minutes of the Seniors Advisory Committee of its meeting held December 4, 2018 (SCM 24/2019) (SCM 4/2019) 8.17. Minutes of the Windsor Accessibility Advisory Committee of its meeting held November 13, 2018 (SCM 25/2019) (SCM 446/2018) 8.18. Minutes of the Diversity Committee of its meeting held October 2, 2018 (SCM 26/2019) (SCM 439/2018) 8.19. Minutes of the Committee of Management for Huron Lodge of its meeting held November 5, 2018 (SCM 27/2019) (SCM 427/2018) 8.20. Report No. 106 of the Board of Directors, Willistead Manor Inc. of its meeting held November 8, 2018 (SCM 28/2019) (SCM 453/2018) 8.21. Report No. 123 of the Windsor Accessibility Advisory Committee - Purchase of 23 door push buttons for City Hall (SCM 29/2019) (SCM 374/2018) 8.22. Report No. 8 of the Housing Advisory Committee - Request for City/County Councils to include a discussion regarding social housing at a Strategic Planning Session (SCM 30/2018) (SCM 5/2018) 8.23. Diversity Committee 2018 Annual Report (SCM 31/2019) (SCM 444/2018) 8.24. Windsor Accessibility Advisory Committee 2018 Annual Report (SCM 32/2019) (SCM 445/2018) 8.25. Seniors Advisory Committee 2018 Annual Report (SCM 33/2019) (SCM 457/2018) 8.26. Housing Advisory Committee 2018 Annual Report (SCM 34/2019) (SCM 425/2018) 8.27. Community Public Art Advisory Committee 2018 Annual Report (SCM 35/2019) (SCM 400/2018) 8.28. CQ49-2015 – Report on the condition of Tennis Courts (SCM 36/2019) (S 17/2019) 8.29. Hall Farms Pathway Reconstruction (SCM 37/2019) (S 10/2019) 8.30. Federal Poverty Reduction Strategy Update - City Wide (SCM 38/2019) (S 173/2018) 8.31. 100 Day Plan for Social Assistance Reform - Update - City Wide (SCM 39/2019) (S 18/2019) 9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS 10. PRESENTATIONS AND DELEGATIONS (5 Minute maximum per delegate) COUNCIL AGENDA - February 25, 2019 Page 4 of 346 11. REGULAR BUSINESS ITEMS (Non-Consent Items) 11.1. Exemption to Noise By-Law 6716 for Nighttime Construction Work - Wards 2 & 10 (C 25/2019) 11.2. Sandison Street Proposed Parking Changes - WARD 9 (SCM 429/2018) (S 180/2018) 11.3. Summary of the Health Kids Community Challenge Initiative City Wide (S 164/2018) 12. CONSIDERATION OF COMMITTEE REPORTS 12.1. (i) Report of the Special In-Camera meeting or other Committee as may be held prior to Council (if scheduled) 12.3. Minutes of the Court of Revision of its meeting held January 16, 2019 13. BY-LAWS (First and Second Reading) 14. MOVE BACK INTO FORMAL SESSION 15. NOTICES OF MOTION 16. THIRD AND FINAL READING OF THE BY-LAWS 17. PETITIONS 18. QUESTION PERIOD 19. STATEMENTS BY MEMBERS COUNCIL AGENDA - February 25, 2019 Page 5 of 346 20. UPCOMING MEETINGS Environment, Transportation & Public Safety Standing Committee Wednesday February 20, 2019 4:30 p.m. Council Chambers (1st floor), 350 City Hall Square West City Council Monday February 25, 2019 6:00 p.m. Council Chambers (1st floor), 350 City Hall Square West City Council Monday March 4, 2019 6:00 p.m. Council Chambers (1st floor), 350 City Hall Square West 21. ADJOURNMENT COUNCIL AGENDA - February 25, 2019 Page 6 of 346 Item 7.2 Council Report: C 28/2019 Subject: Upcoming Legislative Proposals and Changes -- City Wide Reference: Date to Council: February 25, 2019 Author: Onorio Colucci Chief Administrative Officer 519-255-6100 ext. 6311 [email protected] CAO Office Report Date: 2/12/2019 Clerk’s File #: GP2019 To: Mayor and Members of City Council Recommendation: THAT the report of the Chief Administrative Officer dated February 25, 2018 respecting “Upcoming Legislative Proposals and Changes,” BE RECEIVED for information. Executive Summary: N/A Background: The Minister of Economic Development, Job Creation and Trade introduced Bill 66, Restoring Ontario’s Competitiveness Act, on December 6th, 2018. The proposed legislation holds significant interest for municipal governments, having passed First Reading and returning for Session on February 19th, 2019. To clarify the proposed legislation, the Association of Municipalities of Ontario (AMO) issued a Communications Information Package which went to City Council entitled Bill 66 – Municipal Implications Overview on Monday, January 7, 2019. This report intends to expand on how Bill 66 and the Provincial review of Development Charges may affect municipal governments. Discussion: Bill 66, Restoring Ontario’s Competitiveness Act Bill 66 would amend seventeen (17) Acts, four (4) of which would affect municipal governments: the Pawnbrokers Act, Long-term Care Homes Act (2007), Child Care and Early Years Act (2015), Education Act, and Labour Relations Act (1995). COUNCIL AGENDA - February 25, 2019 Page 7 of 346 Page 1 of 7 The Pawnbrokers Act The Pawnbrokers Act was created to regulate pawnshops and second hand stores, wherein authority was retained by municipal governments to create by-laws and business licenses to regulate pawnshops. The proposed legislation would repeal the Pawnbrokers Act in its entirety. More specifically, Schedule 2 would eliminate law enforcement tools aimed at enforcing against theft and enabling the search and return of stolen goods. The AMO will be connecting with police services to obtain their perspective on the impacts that the change would bring and consider alternatives. The City of Windsor licences and regulates Retail/Resale Shops and Pawnbrokers in conjunction with Business Licensing By-law # 395-2004, Schedule R1 and the Pawnbrokers Act, R.S.O. 1990. These regulations govern Retail/Resale Stores for those who buy, sell or otherwise deal in used goods and Pawnbrokers for those who exercise the trade of receiving or taking by way of pawn or pledge, any goods for the repayment of money. Regulations are in place for the purpose of consumer protection by ensuring that stolen goods are not being traded. There are currently seven (7) licensed Pawnbrokers and one hundred-twenty (120) licensed Retail/Resale Shops within the municipality. The legislation governing these business types is enforced by Windsor Police Service and in some cases, the City’s By-law Enforcement Division. Although the City already has a by-law and licensing Schedule in place, a repeal of the provincial Pawnbrokers Act would present a challenge for the continuance of the administration and enforcement of the municipal legislation on its own.