TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

AGENDA

View Livestream at the time of the proceedings at
https://www.amherstburg.ca/livestream

Monday, February 13, 2023

6:00 P.m. - 10:00 P.m.

Council Chambers

271 Sandwich Street South, Amherstburg, ON, N9V 2A5

For information pertaining to this agenda or to arrange for any additional accessibility needs please contact the Clerk's Division at [email protected].

 

Information will be gathered in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). All comments and communications received will become part of the public record unless you expressly request the Town to remove it. If you want to learn more about why and how the Town collects your information, write to the Town Clerk's Office, 271 Sandwich Street South, Amherstburg, ON N9V 2A5 or call 519-736-0012.

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1.

CALL TO ORDER

2.

NATIONAL ANTHEM

3.

ROLL CALL

4.

DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

(Public Council Meeting Agenda Items)

5.

LAND ACKNOWLEDGEMENT

We will begin by acknowledging that the land on which we gather is the traditional territory of the Three Fires Confederacy of First Nations (comprising the Ojibway, the Odawa, and the Potawatomie Peoples), and of the Huron-Wendat and Wyandot Peoples. We recognize the land as an expression of gratitude to those whose traditional territory we reside on, and a way of honouring the Indigenous people who have been living and thriving on the land since time immemorial. We value the significant historical and contemporary contributions of local and regional First Nations and all of the Original Peoples of Turtle Island.

6.

PRESENTATIONS

6.1

Bois Blanc Island Ferry Operational Response

• That the presentation BE RECEIVED. 

7.

REPORTS – CORPORATE SERVICES

There are no reports.

8.

REPORTS - COMMUNITY AND PROTECTIVE SERVICES

8.1

Rural Economic Development (RED) Grant Opportunities

• It is recommended that:

  1. The Chief Administrative Officer or designate BE AUTHORIZED to submit a project application for the Gordon House Improvements to the Rural Economic Development (RED) Strategic Economic Infrastructure Stream (SEIS) with the following recommendations required for the submission;
     1. Council APPROVES the following funding for the project:
        1. $40,000 recommended in 2023 in the capital budget for the Gordon House Improvements project (FAC-005-23);
        2. $58,000 from the Tax Stabilization reserve and;
     2. Council DIRECTS Administration to replenish the $58,000 from the Tax Stabilization reserve in 2024 by a transfer from the Capital New reserve and;
     3. If the grant for the Gordon House is not awarded funding:
        1. Council DIRECTS that the $40,000 in 2023 proceed to complete the painting and siding and:
        2. Council RESCINDS the allocation of $58,000 from the Tax Stabilization reserve and;

  2. Chief Administrative Officer or designate BE AUTHORIZED to submit a project application for the development of a Business Retention and Expansion program to the Rural Economic Development (RED) Economic Diversification and Competitiveness Stream (EDCS), subject to the results of the 2023 budget deliberations approving the Economic Development and Communications position required to execute the project, and with following funding required for the submission;
     1. Council APPROVES the following funding for the project:
        1. Up to a maximum of $92,000 from the Tax Stabilization reserve and;
     2. Council DELEGATES authority to the Chief Administrative Officer or designate to obtain letters of support and or enter into agreements for in kind or financial contributions from other organizations for this project submission and;
     3. If the grant for the Business Retention and Expansion project is not awarded funding Council RESCINDS the allocation of $92,000 from the Tax Stabilization reserve and;

  3. That the Chief Administrative Officer and/or the Deputy Chief Administrative Officer BE AUTHORIZED to sign and execute any agreements, declarations or approvals required to submit the grant applications noted in the report of February 2, 2023.

9.

REPORTS - INFRASTRUCTURE SERVICES

9.1

Kingsbridge Subdivision Southwest Stormwater Management Pond –Acceptance of Infrastructure

• It is recommended that:

  1. The recommendations in the letter regarding Kingsbridge Development Southwest Stormwater Management Pond dated August 2, 2019 from the consulting engineer, Stantec Consulting Ltd. BE ACCEPTED; and,
  2. The stormwater management pond, including all associated earthwork, landscaping and all connecting pipework BE ACCEPTED and ASSUMED as outlined in the report.

9.2

Kingsbridge Subdivision Phase 5A– Acceptance and Assumption of Underground Infrastructure, Base Asphalt and Curbs – Placement of Surface Asphalt and Sidewalks on Maintenance

• It is recommended that:

  1. The recommendations in the letter regarding Kingsbridge Development – Phase 5A dated October 22, 2022 & November 18, 2022 from the consulting engineer, Baird AE BE ACCEPTED;
  2. The underground infrastructure, base asphalt and curbs for Kingsbridge Subdivision – Phase 5A BE ACCEPTED AND ASSUMED; and,
  3. The surface asphalt and sidewalks BE PLACED on a 1-year maintenance period, commencing November 18, 2022.

9.3

Kingsbridge Subdivision Phase 5B– Acceptance and Assumption of Underground Infrastructure, Base Asphalt and Curbs – Placement Surface Asphalt and Sidewalks on Maintenance

• It is recommended that:

  1. The recommendations in the letters regarding Kingsbridge Development – Phase 5B dated October 14, 2022 & November 18, 2022 from the consulting engineer, Baird AE BE ACCEPTED;

  2. The underground infrastructure, base asphalt and curbs for Kingsbridge Subdivision – Phase 5B BE ACCEPTED AND ASSUMED.

  3. The surface asphalt and sidewalks BE PLACED on a 1-year maintenance period, commencing November 18, 2022.

10.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

10.1

Street Name Request for Canard Valley Estates Phase II Subdivision

• It is recommended that:

  1. The proposed street names Gertrude Drive and Garnet Crescent for Street A and Street B, respectively, of the Canard Valley Estates Phase II Subdivision BE APPROVED.

10.2

Cash In-Lieu of Parkland By-law

• It is recommended that By-law 2023-027, being a by-law to require the conveyance of land for park or other recreational purposes or the payment of cash-in-lieu thereof, as a condition of the development or redevelopment of land, be taken as having been read three times and finally passed the Mayor and Clerk BE AUTHORIZED to sign same.

10.3

Canard Valley Estates Phase II – Subdivision Agreement File No. 37-T-22010

• It is recommended that:

  1. The Corporation of the Town of Amherstburg ENTER INTO a Subdivision Agreement with 1473511 Ontario Ltd. for Canard Valley Estates Phase II; and,

  2. By-law 2023-025 being a By-law to authorize the signing of a Subdivision Agreement for Canard Valley Estates Phase II be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

10.4

Request for Exemption from Interim Control

• It is recommended that Council EXEMPT the property known as 7751 Howard Avenue from Interim Control By-law 2022-111.

10.5

Zoning By-law Amendment for 580 Middle Sideroad

• It is recommended that:

  1. By-law 2023-004 being a by-law to amend Zoning By-law No. 1999-52, to amend the zoning for the subject lands known as 580 Middle Sideroad be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

10.6

Zoning By-law Amendment ZBA-25-22 for 7601 Middle Sideroad

• It is recommended that:

  1. By-law 2023-006 being a by-law to amend Zoning By-law No. 1999-52, to amend the zoning for the subject lands known as 7601 Middle Sideroad be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

10.7

Official Plan Amendment No. 21 for 8917 Concession 8

• It is recommended that:

  1. Official Plan Amendment No. 21, attached to this report as Appendix “A”, BE ADOPTED by Council and forwarded to the County of Essex.

11.

REPORTS - CAO's OFFICE

11.1

Property Standards By-law

• It is recommended that:

  1. The report from the Manager of Licensing and Enforcement dated January 11, 2023 regarding a new Property Standards By-Law BE RECEIVED; and,

  2. By-law 2023-020 being a By-Law to establish standards for the maintenance and occupancy of all property within the Town of Amherstburg be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

12.

INFORMATION REPORTS

• That the following information reports BE RECEIVED:

12.1

Building Activity Report for Month of October to December 2022

12.2

Major Planning Policy Studies

12.3

Cheque Register - January, 2023

13.

CONSENT CORRESPONDENCE

• That the following consent correspondence BE RECEIVED:

13.1

Resolution regarding the Impacts of Bill 23, the More Homes Built Faster Act - City of Hamilton

13.2

Ontario's Big City Mayors (OBCM) Letter re. Bill 23, the More Homes Built Faster Act - City of Kitchener

13.3

Request to Repeal Bill 23, the More Homes Built Faster Act - Town of Halton Hills

13.4

Support for the passing of Bill 42, Gender Affirming Healthcare Act - City of Thunder Bay

13.5

Request for Recognition and Support to Address Issues of Intimate Partner Violence and Violence Against Women in Rural Communities - Lanark County

13.6

Call to Action for a Review of the Cannabis Act - County of Huron

13.7

Resolution regarding School Board Elections - Town of Petrolia

13.8

Call to Seek Opportunities to Enhance Passenger Rail Services in Southwestern Ontario - City of Brantford

14.

CORRESPONDENCE

14.1

Proclamation Request - Fibromyalgia Awareness Day - May 12, 2023

• That:

  1. May 12, 2023 BE PROCLAIMED Fibromyalgia Awareness Day in the Town of Amherstburg; and,
  2. Administration BE DIRECTED to raise awareness through public promotion. 

14.2

Debenture Extension Request, Joe and Roxanne Ouellette

• That:

  1. A one-time extension of the maximum duration of the debenture period from 5 years to 10 years for repayment of expenses related to the provision of drainage works to Roxanne and Joe Ouellette BE GRANTED. 

14.3

Essex Region Source Protection Committee - Essex Region Conservation Authority

• That:

  1. The Town of Amherstburg ENDORSE the formal appointment of Dennis Rogers of the Union Water Supply System, and, Frank Garardo of the City of Windsor to the Essex Region Source Protection Authority as regular Source Protection Committee members, as recommended by the Essex Region Conservation Authority.

15.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

15.1

Committee of Adjustment Meeting Minutes- September 13, 2022

15.2

Committee of Adjustment Meeting Minutes- November 1, 2022

15.3

Committee of Adjustment Meeting Minutes- December 7, 2022

15.4

Committee of Adjustment Meeting Minutes- January 11, 2023

16.

OTHER MINUTES

16.1

Drainage Board Meeting Minutes - February 7, 2023

• It is recommended that:

  1. The Drainage Board Meeting Minutes of February 7, 2023 BE RECEIVED;
  2. The engineer’s report, prepared by N.J. Peralta Engineering Ltd., dated June 30, 2022 for the Dolphis Meloche Drain Improvements BE CONSIDERED;
  3. By-law 2023-023 being a by-law to provide for the Dolphis Meloche Drain Improvements based on the Drainage Report by N.J. Peralta Engineering Ltd. BE PROVISIONALLY ADOPTED by giving first and second reading and the Mayor and Clerk BE AUTHORIZED to sign same;
  4. The engineer’s report, prepared by N.J. Peralta Engineering Ltd. dated September 14, 2022 for the Access Structures Over the Foucher Drain BE CONSIDERED; and
  5. By-law 2023-028 being a by-law to provide for the Access Structures Over the Foucher Drain based on the Drainage Report by N.J. Peralta Engineering Ltd. BE PROVISIONALLY ADOPTED by giving first and second reading and the Mayor and Clerk BE AUTHORIZED to sign same.

17.

UNFINISHED BUSINESS

18.

NEW BUSINESS

19.

NOTICE OF MOTION

20.

SPECIAL IN-CAMERA MEETING

20.1

Item A - Information Regarding a Proposed Disposition of Land

That Council move into an In-Camera Meeting of Council pursuant to Section 239 of the Municipal Act, as amended, for the following reasons:

Item A - Information regarding a proposed disposition of land.

Section 239(2)(c) - A proposed or pending acquisition or disposition of land by the municipality. 

21.

ADJOURNMENT OF SPECIAL IN-CAMERA COUNCIL MEETING

22.

RESUMPTION OF REGULAR COUNCIL MEETING

23.

REPORT OUT FROM IN-CAMERA SESSION

23.1

Item A - Information Regarding a Proposed Disposition of Land

24.

BY-LAWS

24.1

By-law 2023-030 - Appointment of Alternate Member of Council to Essex County Council

• That By-law 2023-030 being a by-law to appoint an alternate Member to the Council of the County of Essex during an absence of the Mayor or Deputy Mayor be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 

24.2

By-law 2023-031 - Confirmatory By-law

• That By-law 2023-031 being a by-law to Confirm all Resolutions of the Municipal Council Meeting held on February 8th and 13th, 2023 be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

25.

ADJOURNMENT

• That Council rise and adjourn at      p.m.