TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

REVISED AGENDA

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

Tuesday, October 15, 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

Regular Council Meeting Minutes - September 9, 2024

7.2

Regular Council Meeting Minutes - September 23, 2024

8.

DELEGATIONS

8.1

Delegation: Item 15.1 - Bryerswood Youth Camp Optimist Club

• That the delegation BE RECEIVED. 

8.2

Delegation: Item 11.1 - Community Sport and Recreation Infrastructure Fund - Bill Petruniak

9.

PRESENTATIONS

10.

REPORTS – CORPORATE SERVICES

There are no reports. 

11.

REPORTS - PARKS, RECREATION, FACILITIES AND CULTURE

11.1

Community Sport and Recreation Infrastructure Fund

• It is recommended that:

  1. The Chief Administrative Officer and Director of Parks, Facilities and Recreation BE AUTHORIZED to apply to the Community Sport and Recreation Infrastructure Fund, for H. Murray Smith Centennial Park Tennis and Multi-Use Courts, subject to the documents being satisfactory in legal form to the Chief Administrative Officer, in technical content to the Director of Parks, Facilities and Recreation, and in financial content to the Chief Financial Officer; and,
  2. The following funding identified in 2025 BE DESIGNATED to address the $530,000 in funding required by the Town for all matching and ineligible project costs:
     1. New Capital Reserve (0400): $254,400
     2. DC Parks (0124): $275,600
  3. The following recommendations BE APPROVED upon written confirmation of the Town being awarded the grant funding:
     1. The Chief Administrative Officer and Clerk BE AUTHORIZED to sign and execute any agreements, declarations or approvals required resulting from receiving funding under the Community Sport and Recreation Infrastructure Fund grant, satisfactory in financial content to the Chief Financial Officer, and in technical content to the Director of Parks, Facilities and Recreation; and,
     2. Authority BE DELEGATED to the Chief Administrative Officer to approve the final project scope and deliverables to maximize use of the grant and the Town’s $530,000 in funding; and,
     3. The Chief Administrative Officer and Clerk BE AUTHORIZED to take any such action required to affect the recommendations noted above and sign any required documentation/agreement(s) for the implementation of the H. Murray Smith Centennial Park Tennis and Multi-Use Courts project, satisfactory in legal form to the Clerk, in technical content to the Director of Parks, Facilities and Recreation and in financial content to the Chief Financial Officer; and,
     4. The funding sources as noted above BE APPROVED for immediate use; and,
     5. Authority BE DELEGATED to the Chief Administrative Officer to award and issue purchase orders and or sign and execute any agreements as may be required for the necessary services to execute the scope of work for the H. Murray Smith Centennial Park Tennis and Multi-Use Courts; and,
  4. Should the Town be unsuccessful with the Community Sport and Recreation Infrastructure Fund grant application, Council APPROVE the $530,000 in funding to be used for the H. Murray Smith Centennial Park Tennis and Multi-Use Courts project funding from the following 2025 funding sources:
     1. New Capital Reserve (0400): $254,400
     2. DC Parks (0124): $275,600; and,
     3. Authority BE DELEGATED to the Chief Administrative Officer to approve the final project scope and deliverables to maximize use of the Town’s $530,000 in funding; and,
     4. Authority BE DELEGATED to the Chief Administrative Officer to award and issue purchase orders and or sign and execute any agreements as may be required for the necessary services to execute the scope of work for the H. Murray Smith Centennial Park Tennis and Multi-Use Courts.
  5. Administration BE DIRECTED to add the assets created by the H. Murray Smith Centennial Park Tennis and Multi-Use Courts project to the 2025 Asset Management Plan for lifecycle rehabilitation and replacement.

12.

REPORTS - INFRASTRUCTURE SERVICES

There are no reports. 

13.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

13.1

Road Dedication of Reserve on Lavers Crescent, Blk 94, 12M-441

• It is recommended that:

  1. The dedication of Block 94 on 12M-441 (Reserve on Lavers Crescent) as a Public Highway BE APPROVED; and,

  2. By-law 2024-071 being a by-law to dedicate Block 94 on 12M-441 as a Public Highway be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

14.

REPORTS - CAO's OFFICE

14.1

Adoption of the 2025 Calendar of Council Meetings

• It is recommended that:

  1. The 2025 Calendar of Council Meetings BE APPROVED, as presented; and,

  2. 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 June, November and December.

14.2

Special Events Approval Part 7

• It is recommended that:

  1. The following events BE APPROVED:
     1. Town of Amherstburg – Holiday Market
     2. Amherstburg Santa Claus Parade
     3. River Lights Winter Festival

  2. An exemption from table number 3-1(2) of Noise By-law #2001-43 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. Amherstburg Santa Claus Parade

  3. The Special Events Resource Team BE DIRECTED to confirm that the requirements identified by the Team are met prior to the event.

14.3

Amherstburg Emergency Management Program and Response Plans – 2024 Update

• It is recommended that:

  1. The updated Emergency Management Program and Response Plan BE APPROVED; and,

  2. By-law 2024-072 being a by-law to adopt an Emergency Management Program governing the provisions of necessary services during such emergencies be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

15.

INFORMATION REPORTS

15.1

Gravel Road Conversion Request

• It is recommended that:

  1. The report of October 15, 2024 entitled Gravel Road Conversion Request, BE RECEIVED for information.

16.

CONSENT CORRESPONDENCE

16.1

AMO Report - Canada Community-Building Fund  (CCBF)

17.

CORRESPONDENCE

17.1

National Disability Employment Month (NDEAM)

• That:

  1. The Town of Amherstburg TO PROCLAIM October National Disability Employment Awareness Month (NDEAM); and, 
  2. The Town of Amherstburg LIGHT UP Town Hall in purple and/or blue on Thursday, October 17th. in recognition of Light It Up! For NDEAM. 

17.2

Amherstburg Firefighters Association - Cornhole Tournament Sponsorship

• That the  Amherstburg Firefighters Association correspondence BE RECEIVED.

17.3

Kings Coronation Medals - Nomination

• That the Kings Coronation Medals correspondence BE RECEIVED.

18.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

18.1

August 8, 2024 Heritage Committee Meeting Minutes

18.2

August 21, 2024 Parks and Recreation Meeting Minutes

18.3

August 22, 2024 Amherstburg Accessibility Advisory Committee Meeting Minutes

18.4

September 4, 2024 Committee of Adjustment Meeting Minutes

19.

OTHER MINUTES

19.1

Drainage Board Meeting Minutes – September 10, 2024

• 1. The Drainage Board Meeting Minutes of September 10, 2024 BE RECEIVED;
  2. The engineer’s preliminary report, prepared by R. Dobbin Engineering Inc. dated July 17, 2024 for the improvements to the Shipman Drain (2024) BE RECEIVED by Council; as recommended by the Drainage Board;
  3. The reconsidered engineer’s report for the construction of the General Drain (2024) BE RECEIVED; and Council PROVISIONALLY ADOPT By-law 2024-047 which appends the reconsidered engineer’s report for the construction of the General Drain (2024) by giving first and second reading and the Mayor and Clerk BE AUTHORIZED to sign same; as recommended by the Drainage Board;
  4. Council ACCEPT the request from the landowner(s) for improvements to the Albert McGee Upper Drain drainage system as per Section 78 of the Drainage Act; and Council APPOINT Oliver Moir, P.Eng., of Dillon Consulting Limited to examine and report on the repair and improvement to the Albert McGee Drain (Upper) drainage system, as recommended by the Drainage Board;
  5. Council ACCEPT the request from the landowner(s) for a Petition Drain under Section 4 of the Drainage Act; and Council APPOINT Josh Warner, P.Eng., of R. Dobbin Engineering Inc. under Section 4 of the Drainage Act for the validation, examination and report on the petition for a new Municipal Drain, as recommended by the Drainage Board; and
  6. The report from the Drainage Superintendent and Engineering Coordinator dated August 26, 2024 regarding Drainage Apportionment(s) BE RECEIVED; and the drainage apportionments BE APPROVED as listed in the Drainage Board Minutes, as recommended by the Drainage Board.

20.

UNFINISHED BUSINESS

20.1

Unfinished Business List - October

21.

NEW BUSINESS

22.

NOTICE OF MOTION

22.1

Notice of Motion of September 23, 2024 - Reconsideration of Council Resolution 20240527-008 - Councillor Allaire

To be deliberated October 15, 2024

• That Council Resolution 20240527-008, namely,

  That:

  1. The report from the Manager of Licensing and Enforcement dated April 28th, 2024 regarding a new Temporary Patio Extension BE RECEIVED; and
  2. By-law 2024-026 being a By-law to Temporary Patio Extensions on public lands be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same; and,
  3. The CAO and Clerk BE AUTHORIZED to enter into agreements for temporary patio extensions, should all the criteria be met.

  BE RECONSIDERED so that a motion can be made to remove the authority to enter into temporary patio agreements on municipal property.

23.

BY-LAWS

23.1

By- law 2024-078 - By-law to Amend By-law 2022-054

• That:

  1. By-law 2024-078, being a By-law to Amend By-law 2022-054, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

23.2

By-law 2024-056 - By-law to Amend User Fee By-law 2023-012

• That:

  1. By-law 2024-056 being a By-law to Amend By-law 2023-112, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

23.3

By-law 2024-077 - Confirmatory By-law

• By-law 2024-077 being a by-law to Confirm all Resolutions of the Municipal Council Meetings held on October 15, 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.