TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

AGENDA

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

Monday, May 13, 2024

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

Special Council Meeting - Planning Minutes - March 25, 2024

7.2

Regular Council Meeting Minutes - March 25, 2024

7.3

Regular Council Meeting Minutes - April 9, 2024

7.4

Regular Council Meeting Minutes - April 22, 2024

8.

DELEGATIONS

9.

PRESENTATIONS

9.1

Presentation - Aphasia Friendly Canada - University of Windsor

• That the presentation BE RECEIVED.

10.

REPORTS – CORPORATE SERVICES

There are no reports. 

11.

REPORTS - PARKS, RECREATION, FACILITIES AND CULTURE

There are no reports. 

12.

REPORTS - INFRASTRUCTURE SERVICES

12.1

2024 Tractor and Wide Area Mower Replacement

• It is recommended that:

  1. An expenditure for the purchase of a 2024 Tractor and Wide Area Mower BE APPROVED for a total cost not to exceed $197,914.52 including net HST;

  2. The purchase of the 2024 Tractor and Wide Area Mower BE AWARDED to Colvoy Equipment.

  3. Net proceeds from the sale of the current Unit 607 Tractor BE DIRECTED to the Fleet Reserves, along with any surplus funding, to help replenish the reserves for future Fleet purchases.

12.2

2023 Case Backhoe Improvements

• It is recommended that:

  1. An expenditure for the installation of safety equipment on the Water/Waste Water Backhoe by Delta Power Equipment for the Water and Wastewater division not to exceed $14,755 BE APPROVED including net HST and that the additional amount of $14,755 BE FUNDED from the Water/Waste Water Reserve (0210).

12.3

2024 Road Repairs Program – Tender Award

• It is recommended that:

  1. The 2024 Road Repairs Program Tender BE AWARDED to Nasci Construction Services Ltd. in an amount of $176,400 plus applicable taxes; and,

  2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Nasci Construction Services Ltd. for the completion of the 2024 Road Repairs Program.

12.4

Fraserville Outfall Liner Project Tender Awarded

• It is recommended that:

  1. The Fraserville Outfall Liner Project (#722025) BE AWARDED to Clearwater Structures Inc. in an amount not to exceed $261,555 inclusive of HST;

  2. The shortfall in funding for the Fraserville Outfall Liner Project (#722025) in the amount of $144,800 BE FUNDED by a reduction of $144,800 (General Reserve 0400) from the approved Annual Bridge Maintenance Project (#724038) and those funds redirected to the Fraserville Outfall Liner Project (#722025); and,

  3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Clearwater Structures Inc. for the completion of Fraserville Outfall Liner Project.

13.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

13.1

Brittany’s Gate Subdivision Agreement File No. 37-T-23005

• It is recommended that:

  1. The Corporation of the Town of Amherstburg ENTER INTO a Subdivision Agreement with 1109152 Ontario Limited for Brittany’s Gate Subdivision; and,

  2. By-law 2024-034 being a By-law to authorize the signing of a Subdivision Agreement for Brittany’s Gate Subdivision be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

13.2

Cultural Heritage Risk Mitigation – Student Placement Opportunity

• It is recommended that:

  1. The Administration BE DIRECTED to hire a university student during the fall semester of 2024 to help designate Properties of Cultural Heritage Value or Interest to meet the legislated timeline of Bill 23.

13.3

Digital Gateway Signage

• It is recommended that:

  1. Administration BE DIRECTED to issue a Request for Proposal for third party partnership on the digital gateway signs as outlined in this report;
  2. Administration BE APPROVED to proceed with the extended 5-year parts warranty for the digital signs, at a cost of $4,430 USD, plus taxes, with all revenue and expenditures to be captured under the Economic Development Division; and,
  3. Administration BE DIRECTED to bring back any changes to the Municipal Digital Signage Policy which may be required as a result of the RFP.

14.

REPORTS - CAO's OFFICE

14.1

Designate 179 Victoria Street South as a Municipal Capital Facility

• It is recommended that:

  1. The community centre at 179 Victoria Street South BE DECLARED a municipal capital facility for the purposes of the municipality and Council affirms that its facilities are for public use;
  2. By-law 2024-035, being a by-law to designate 179 Victoria Street South as a Municipal Capital Facility, be taken as having been read three times and finally passed, and the Mayor and Clerk BE AUTHORIZED to sign same;
  3. Administration BE DIRECTED to negotiate a Municipal Capital Facility Agreement with the lessee of 179 Victoria Street South;
  4. The Mayor and CAO BE AUTHORIZED to execute a Municipal Capital Facility Agreement with the lessee of 179 Victoria Street South; and,
  5. Administration BE DIRECTED to pursue changes in the Property Tax Classification of 179 Victoria Street South, as appropriate.

14.2

Noise By-law Exemption for Royal Canadian Legion Branch #157

• It is recommended that:

  1. The report from the Manager of Licensing and Enforcement dated April 27, 2024 regarding a noise exemption for Legion Branch #157 BE RECEIVED for information;

  2. THAT a Noise Exemption for Royal Canadian Legion Branch #157 BE APPROVED until September 2, 2024 from Noise By-law 2001-43, table 3-1, section 2 with the respect to the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers to allow for music on Friday from 1800hrs to 2200hrs, on Saturday from 1800hrs till 2200hrs and on Sundays from 1400hrs till 1800hrs at the Royal Canadian Legion #157; and,

  3. That the request for the waiver of the Noise Exemption fee of $61.00 BE RECEIVED and FILED for information.

15.

INFORMATION REPORTS

15.1

Quarterly Fire Department Activity report-1st Quarter 2024

• It is recommended that:

  1. The first quarter activity report (January,February, March, 2024) for Fire Services from the Fire Chief BE RECEIVED for information.

15.2

Building Activity Report for Month of January to March 2024

• It is recommended that:

  The report from the Chief Building Official dated April 15, 2024 regarding the Building Activity Report for the months of January, February and March 2024, BE RECEIVED for information.

15.3

2024 Community Risk Assessment (O. Reg. 378/18) Requirement

• It is recommended that:

  1. The report from the Fire Chief dated April 23, 2024, regarding the 2024 Community Risk Assessment for compliance with the Fire Protection and Prevention Act, R.S.O. (FPPA) BE RECEIVED for information.

15.4

Councillor Request for Information re. Resident Concern on Encroachment Matter

• It is recommended that:

  1. The report BE RECEIVED for information.

16.

CONSENT CORRESPONDENCE

No Consent Correspondence.

17.

CORRESPONDENCE

17.1

Ontario Ombudsman Report

• 1. The report by the Ombudsman of Ontario, Paul Dube, BE RECEIVED for information;  
  2. Members of Council continue to adhere and BE VIGILANT with regards to obligations and responsibilities noted in the Municipal Act;
  3. Members of Council ensure that all resolutions to proceed in camera BE PROVIDED in a way that provides the general nature of the matter to be considered in the closed meeting, as required by the Municipal Act; 
  4. Council and Committee training sessions shall BE DELIVERED in a way to prevent a meeting from taking place by not materially advancing the business or decision-making of Council or the Local Board.

17.2

Crime Stoppers Windsor Essex Golf Tournament

18.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

18.1

Committee of Adjustment Meeting Minutes- April 3, 2024

19.

OTHER MINUTES

19.1

Amhersburg Accessibility Advisory Committee Meeting Minutes - April 10, 2024

• That the Amherstburg Accessibility Advisory Committee Meeting Minutes of April 10, 2024 BE RECEIVED.

• That the invitation extended to businesses wthin the Town to participate in complimentary online training in support of the Aphasia Frinedly Business Campaign BE SUPPORTED by Council.

• That the AccessAbility Flag BE RAISED on Tuesday, May 28, 2024 at 10:00 am to recognize National AccessAbility week.

• That the funding source BE RECONSIDERED to reduce the contribution from the AODA Compliance Reserve Fund by 50 percent for Richmond Street corridor sidewalk rehabilitation.

19.2

Heritage Committee Meeting Minutes - April 11, 2024

• That the Heritage Commitee Meeting Minutes of April 11, 2024 BE RECEIVED.

• That the application of 247 Brock Street St. Anthony Lofts BE CONSIDERED by Council for the Paul Oberman Award, recognizing small-scale heritage adaptive reuse projects through the Achitectural Conservancy of Ontario (ACO).

19.3

Economic Development Advisory Committee Meeting Minutes - April 25, 2024

• That the Economic Development Advisory Committee Meeting Minutes of April 25, 2024 BE RECEIVED.

• That the Economic Development Advisory Committee BE INVOLVED in public consultation activities undertaken for the propposed boat ramp at K. Walter Ranta Memorial Park.

19.4

Drainage Board Meeting Minutes - April 30, 2024

• 1. The Drainage Board Meeting Minutes of April 30, 2024 BE RECEIVED;
  2. Council ACCEPT the request from the landowner(s) on the Pike Road Drain East and APPOINT Josh Warner, P.Eng., of R. Dobbin Engineering Inc., to examine and prepare a report on the repair and improvement of the drainage system as per Section 78 of the Drainage Act, as recommended by the Drainage Board;
  3. Council APPROVE Amending By-Law No. 2024-037 and give three readings to allow for the recovery of cost that Finance has provided in order to complete the works on the Jeths Drain, as recommended by the Drainage Board; and the Mayor and Clerk sign same;
  4. Council APPROVE Amending Bylaw 2024-038 and give three readings to allow for the recovery of the cost that Finance has provided for works on the Foucher Drain, as recommended by the Drainage Board; and the Mayor and Clerk sign same; and
  5. Council APPROVE Levying Bylaw 2024-036 and give three readings to allow the collection of cost for the maintenance performed by the Town in 2023, as recommended by the Drainage Board; and the Mayor and Clerk sign same.

20.

UNFINISHED BUSINESS

20.1

Unfinished Business List - May 2024

21.

NEW BUSINESS

22.

NOTICE OF MOTION

23.

BY-LAWS

23.1

By-Law 2024 -041: Appointment of a Provincial Offences Officer Gerges Salloum

• That By-law 2024-040 being a by-law to Appoint Provincial Offenses Officers be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

23.2

2024 -041 - Confirmatory By-Law - May 13, 2024

• That By-law 2024-041 being a By-law to Confirm all Resolutions of the Municipal Council Meeting held on May 13, 2024, 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.