TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

AGENDA

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

Monday, October 23, 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.

REPORT OUT FROM IN-CAMERA SESSION

7.

MINUTES OF PREVIOUS MEETING

• That the minutes BE ADOPTED and that those confidential minutes of the closed sessions of Council remain confidential and restricted from public disclosure in accordance with exemptions provided in the Municipal Freedom of Information and Protection of Privacy Act:

7.1

Regular Council Meeting Minutes - April 11, 2023

7.2

Special In-Camera Meeting Minutes - September 20, 2023 (PUBLIC)

7.3

Special In-Camera Meeting Minutes - September 20, 2023 (CONFIDENTIAL)

7.4

Regular Council Meeting Minutes - September 25, 2023

7.5

Special In-Camera Meeting Minutes - October 10, 2023 (PUBLIC)

7.6

Special In-Camera Meeting Minutes - October 10, 2023 (Confidential)

8.

DELEGATIONS

9.

PRESENTATIONS

10.

REPORTS – CORPORATE SERVICES

There are no reports. 

11.

REPORTS - PARKS, RECREATION, FACILITIES AND CULTURE

11.1

Kings Navy Yard Park Extension Shoreline Pre-Commitment of Funding

• That:

  1. Council RESCIND recommendations 4, 9 and 10, from Council Resolution CR20230313-008 to ensure funding which is no longer applicable is removed;

  2. Council APPROVE capital funding for shoreline restoration work, site servicing, site work, grading, drainage and basic landscaping required for construction of phase 1 Kings Navy Yard Park Extension project located at 290, 296, and 306 Dalhousie Street to an upset limit of $3,060,000 inclusive of non-recoverable HST;

  3. Council APPROVES the 2024 capital budget funding, identified for Kings Navy Yard Park Extension (PAR-003-23) in the recommended 2024 5-year capital budget, from the following funding sources for immediate use on this project:
     1. $581,400 – Parks DC Reserve (0124)
     2. $1,368,600 – General Reserves (0400)
     3. $500,000 – Canada Community Benefit Fund (0410)
     4. $310,000 – Park Reserve (1010)
     5. $300,000 – Parkland Dedication Reserve (2005)

  4. Council DIRECT Administration to prepare tender packages and tender work for shoreline restoration, site servicing, site work, grading and basic landscaping require to complete Phase 1 Kings Navy Yard Park Extension;

  5. Should Administration not hear back from Disaster Mitigation and Adaptation Fund grant application by the time the tender closes for this work that Council RESCIND the direction regarding the grant application that was approved to be applied for on March 13, 2023, forgoing any possible funding from this application;

  6. Should tenders fall within the approved funding in the amount of $3,060,000 for this project that the Chief Administrative Officer and Clerk BE AUTHORIZED to sign and execute all and any such agreements, tenders, declarations or approvals required to fully execute the scope of work for Phase 1 shoreline restoration, site servicing work, grading, drainage and basic landscaping, satisfactory in financial content to the Chief Financial Officer and in technical content to the Director of Parks, Facilities, Recreation and Culture and further;

  7. Authority BE DELEGATED to the Chief Administrative Officer to sign and execute any such agreements, as may be required for the necessary services to execute the scope of work for Phase 1 shoreline restoration, site servicing work, grading, drainage and basic landscaping for Kings Navy Yard Park Extension located at 290, 296 and 306 Dalhousie Street satisfactory in financial content to the Chief Financial Officer, and in technical content to the Director of Parks, Facilities, Recreation and Culture.

12.

REPORTS - INFRASTRUCTURE SERVICES

12.1

Environmental Services – Electronic Work Order Module

• It is recommended that:

  1. The design services for the creation of a work order module for the Environmental Services division BE AWARDED to ESRI Canada;

  2. An over-expenditure of $21,211.65 BE APPROVED from the Water Reserve Account for a total not to exceed $71,211.65 (including net HST); and,

  3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with ESRI Canada for the Environmental Services Electronic Work Order Module.

12.2

Roads Dump Truck Increase Cost

• It is recommended that:

  1. An over-expenditure for the purchase of a dump truck from Carrier Truck Centers for the Roads Department not to exceed $71,833.92 BE APPROVED for a total cost not to exceed $296,833.92 including net HST and that the additional amount of $7,437.64 BE FUNDED from the Fleet Reserve.

12.3

Water Dump Truck Increase Cost

• It is recommended that:

  1. An over-expenditure for the purchase of a dump truck from Carrier Truck Centers for the Water Department not to exceed $5,677.31 BE APPROVED for a total cost not to exceed $205,678 including net HST and that the additional amount of $7,312 BE FUNDED from the Water Reserve.

13.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

There are no reports. 

14.

REPORTS - CAO's OFFICE

14.1

2023 Special Events Approval – Part Ten

• 1. The following events BE APPROVED:
  1. Santa Claus Parade – November 25^th, 2023
  2. River Lights Opening Night – November 18^th, 2023
  3. River Lights Winter Festival – November 18^th, 2023 – January 29^th, 2024
  4. Remembrance Day Parade – November 11^th, 2023
  2. An exemption from table number 3-1(2) of Noise By-law #2001-43, as amended with respect to the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers to allow for music BE GRANTED for the following events:
  1. Santa Claus Parade – November 25^th, 2023
  2. River Lights Opening Night – November 18^th, 2023
  3. Remembrance Day Parade – November 11^th, 2023
  3. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm:
  1. Santa Claus Parade – November 25^th, 2023
  2. River Lights Opening Night – November 18^th, 2023
  3. Remembrance Day Parade – November 11^th, 2023
  4. The Special Events Resource Team BE DIRECTED to confirm that the requirements identified by the Committee are met prior to the event.
  5. The fee waiver requests BE APPROVED as follows:
  1. Santa Claus Parade – November 25^th, 2023 - $250 road closure fee/ $59 noise exemption – waiver requested
  6. b.) Remembrance Day Parade – November 11^th, 2023 - $250 road closure fee/ $59 noise exemption – waiver requested

14.2

Adoption of the 2024 Calendar of Council Meetings

• It is recommended that:

  1. Section 3.8 of the Procedural By-law requiring that Regular Council Meetings be held the 2nd and 4th Monday of each month BE WAIVED for the months of November and December; and,

  2. The 2024 Calendar of Council Meetings BE APPROVED, as presented.

14.3

Amendments to the Grants to Community Groups and Organizations Policy

• It is recommended that:

  1. The Community Grants Program Policy BE AMENDED as detailed in the report of October 3, 2023 report with an effective COMMENCEMENT date January 1, 2024.

14.4

Amendments to the Technology Use Policy

• It is recommended that:

  1. The Information Technology Acceptable Use Policy BE AMENDED in accordance with the October 3, 2023 report.

15.

INFORMATION REPORTS

• That the following information reports BE RECEIVED:

15.1

Windsor Police Service - Amherstburg Detachment Activities Report

15.2

August 23 and 24, 2023 Rain Event

15.3

Update on the Outcome of the Ontario Land Tribunal Hearing- 490 Dalhousie Street

15.4

Update on the Outcome of the Ontario Land Tribunal Hearing- 6101 County Road 20

16.

CONSENT CORRESPONDENCE

There is no correspondence.

17.

CORRESPONDENCE

17.1

2023 Annual Poppy Campaign - Funding Request

• That:

  1. The letter from the RC. Legion dated September 21, 2023 requesting contributions to the Poppy Fund through donations or purchase of a Remembrance Wreath BE RECEIVED,  and;
  2. That the contribution towards Remembrance Wreaths for the 2023 Annual Poppy Campaign of the RCL Fort Malden Branch 157 BE AUTHORIZED in the amount of $150.00. 

17.2

Correspondence: Catherine Fife, Waterloo MPP re: Bill 21, Fixing Long-Term Care Amendment Act (Till Death Do Us Part), 2022

• That:

  1. Correspondence from Catherine Fife, Waterloo MPP BE RECEIVED;
  2. Council SUPPORT Bill 21, Fixing Long-Term Care Amendment Act (Till Death Do Us Part), 2022; and
  3. Correspondence BE SENT on behalf of Council to Catherine Fife, Waterloo MPP indicating same.

18.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

18.1

Heritage Committee Special In-Camera Meeting Minutes - September 21, 2023 (PUBLIC)

18.2

Economic Development Advisory Committee Special In-Camera Meeting Minutes - September 20, 2023 (PUBLIC)

18.3

Amherstburg Accessibility Advisory Committee Meeting Minutes - September 28, 2023

18.4

Committee of Adjustment Meeting Minutes July 5, 2023

18.5

Committee of Adjustment Meeting Minutes- August 2, 2023

18.6

Committee of Adjustment Meeting Minutes - September 6, 2023

19.

OTHER MINUTES

19.1

Drainage Board Meeting Minutes - October 3, 2023

• It is recommended that:

  1. The Drainage Board Meeting Minutes of October 3, 2023, BE RECEIVED;
  2. The request from the landowner for improvements to the Collison Drain drainage system as per Section 78 of the Drainage Act BE ACCEPTED; as recommended by the Drainage Board;
  3. The firm of Rood Engineering Inc. as represented by Mr. Gerard Rood, P.Eng BE APPOINTED to examination and report on the repair and improvement to the Collison Drain drainage system; as recommended by the Drainage Board;
  4. The request from the landowner for improvements to the Deslippe Drain drainage system as per Section 78 of the Drainage Act BE ACCEPTED; as recommended by the Drainage Board;
  5. The firm of R. Dobbin Engineering as represented by Mr. Josh Warner, P.Eng. BE APPOINTED to examination and report on the repair and improvement to the Deslippe Drain drainage system, as recommended by the Drainage Board;
  6. The requests from the landowners for improvements to the drainage systems serving the St Theresa Subdivision and surrounding areas as per Section 78 of the Drainage Act BE ACCEPTED; as recommended by the Drainage Board;
  7. The firm of Dillon Consulting Ltd., as represented by Mr. Oliver Moir, P.Eng. BE APPOINTED to examination and produce a preliminary report on any potential repairs or improvements to the Municipal Drain infrastructure that services St. Theresa Subdivision and surrounding areas, as recommended by the Drainage Board; and
  8. The engineer’s report, prepared by Dillon Consulting Ltd. dated June 27, 2023 for the Lakewood Drive Drain No. 3 & Pumping Scheme BE SENT BACK to the Engineer so that changes to the report can be made to include back up power supply, as recommended by the Drainage Board.

19.2

Environmental Advisory Meeting Minutes - August 16, 2023

• Council to DIRECT staff to investigate whether future commercial or residential developments can be mandated to have in place electrical capacity to support access to fast charging stations.

20.

UNFINISHED BUSINESS

20.1

Cheque Registry - September 2023

20.2

Unfinished Business List - September 2023

21.

NEW BUSINESS

22.

NOTICE OF MOTION

22.1

Notice of Motion of October 10, 2023 - Complete Tree Report to Committees - Councillor Pouget

To be deliberated October 23, 2023

• Council TO DIRECT Administration to provide the Parks and Recreation Advisory Committee and the  Environmental Advisory Committee a complete report regarding the 2017 tree study of town property, the amount of trees that were removed  in fair to good condition, the fact that they were trying to reduce the percentage of Norway Maples and most importantly that the Town of Amherstburg does not have a maintenance policy for the planting of new trees. 

23.

BY-LAWS

23.1

By-law 2023-103 - Confirmatory By-Law

• That By-law 2023-103 being a by-law to Confirm All Resolutions of the Municipal Council Meeting held on October 23, 2023 be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 

24.

ADJOURNMENT

• That Council rise and adjourn at      p.m.