Discussion:

As directed by City Council, proposed for adoption is a Local Improvement Program supporting an alley lighting program.

The proponent would formally request of the City of Windsor the creation of a petition. The proponent would describe the coverage area proposed for the lighting and the properties that would be contributing to the capital and operating costs of the alley lighting installation.

City staff would create the petition inclusive of a notation that those signing the petition are acknowledging the payment of 100% of the capital costs and acceptance of an annual charge calculated by the City and published in Fees and Charges By-law 3922002 that would reflect the annual operating costs and maintenance of the alley lighting installation.

Once developed, the proponent would circulate the petition to the identified property owners for signature. The petition would require the support of two-thirds (66%) of the affected properties, and represent 50% of the total assessed property value, that benefit from the project.

The general premise of Local Improvement funding is to improve neighbourhood infrastructure to the municipal standard of the day. A municipal standard does not exist for alleys, nor is the municipality creating new alleys. Further, no funding program been established to upgrade those alleys that currently exist.

In addition, under Ontario Regulation 586/06, local improvement charges can only be invoked for one-time, capital expenses. In existing local improvement programs, operating costs, repair and maintenance of the municipal assets are funded through the general municipal rate, as these costs are aligned with the established municipal standard. Where Local Improvement is requested for a service above the municipal standard (i.e. decorative street lighting), petitioners are responsible for financing the difference in cost.

The introduction of an alley lighting installation program would permanently add operating costs for electricity and for fixture replacement to a level beyond the municipal standard. Therefore, enshrined in all circulated petitions will be a commitment by signatories for the payment of an annual fee to cover operating and maintenance costs such that the general rate is not the funding source.

The recommended means to fund work outside of this policy, including cases where City Council would not wish to assess adjacent property owners, would be through a waiver of this policy and identification of a suitable funding source.

On further review of the program delivery model, use of the sentinel lighting program operated by ENWIN is not necessary. ENWIN would participate in this program from a regulatory and an electricity supply basis. The City would plan to purchase lighting fixtures of similar quality and capabilities as the existing street lighting inventory.