TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

REVISED AGENDA

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https://www.amherstburg.ca/livestream

Monday, December 12, 2022

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

Council Chambers

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

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1.

CALL TO ORDER

2.

ROLL CALL

3.

DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

4.

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.

5.

REPORT OUT FROM IN-CAMERA SESSION

6.

DELEGATIONS

6.1

2022 Election Voting Barriers - Linda Saxon

• That the delegation BE RECEIVED.

6.2

Amherstburg Broadcasting Corporation - Marty Adler

• That the delegation BE RECEIVED.

7.

REPORTS – CORPORATE SERVICES

7.1

2022 Third Quarter (Q3) Variance as at September 30th, 2022

• It is recommended that:

  1. The report from the Director of Corporate Services/CFO dated December 1, 2022, regarding 2022 Third Quarter Variance BE RECEIVED for information.
  2. That a reserve transfer BE APPROVED for the remaining balance of $205,345 for the Municipal share of Pike Road Drainage Project (July 11, 2022 & Aug 8, 2022).
  3. That a transfer BE APPROVED for $96,292 to the Building Reserve from Tax Stabilization Reserve to correct the 2021 year-end surplus allocation (Aug 8, 2022).

7.2

2023 User Fees By-law

• It is recommended that:

  1. The changes in fees and charges for the 2023 User Fees By-law BE APPROVED as outlined in the report; and,
  2. By-law 2022-107 being a by-law to Establish User Fees or Charges for Services, Activities or the Use of Property be taken as having been read 3 times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

8.

REPORTS - COMMUNITY AND PROTECTIVE SERVICES

There are no reports.

9.

REPORTS - INFRASTRUCTURE SERVICES

9.1

Amherstburg Water Treatment Plant (AWTP) – Reservoir Construction and Rehabilitation – Engineering Request for Proposal Results

• It is recommended that:

  1. The engineering services for the Amherstburg Water Treatment Plant - Reservoir Construction and Rehabilitation BE AWARDED to Stantec Consulting Ltd.; and

  2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Stantec Consulting Ltd. for the Amherstburg Water Treatment Plant - Reservoir Construction and Rehabilitation

9.2

Edgewater Lagoon Wetland Conversion – Tender Results

• It is recommended that:

  1. The tender for the Edgewater Lagoon Wetland Conversion BE AWARDED to Nevan Construction Inc. at a cost not to exceed $1,178,800.00 plus HST to be funded as outlined in the report from the Manager of Engineering dated November 28, 2022;
  2. An over-expenditure not to exceed $170,690 including net HST BE APPROVED to be funded from the Wastewater Reserve; and,
  3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Nevan Construction Inc. for the Edgewater Lagoon Wetland Conversion.

9.3

Placement of Underground Infrastructure, Curbs and Base Asphalt on Maintenance – Kingsbridge Subdivision Phase 10A & 5C

• It is recommended that:

  1. The recommendations in the letter from the consulting engineer, BairdAE regarding Kingsbridge Development Phase 10A & 5C dated November 14, 2022 from the consulting engineer, Baird AE BE ACCEPTED; and,
  2. The underground infrastructure, base asphalt and curbs for Kingsbridge Subdivision Phase 10A & 5C BE PLACED on a 1-year maintenance period, commencing November 14, 2022.

9.4

Meadow View Estates Subdivision - Phase 1 - Accept and Assume Surface Asphalt, Sidewalks, Connecting Pathway and Stormwater Management Pond

• It is recommended that:

  1. The recommendations in the letter from the consulting engineer, Stantec Consulting Ltd date November 07, 2022 regarding Meadow View Estates Subdivision - Phase 1 BE ACCEPTED; and

  2. The surface asphalt, sidewalks, connecting pathway and stormwater management pond for Meadow View Estates Subdivision - Phase 1 BE ACCEPTED and ASSUMED.

9.5

Pike Road Drain Improvements and Auxiliary Drain Outlet - Tender Results

• It is recommended that:

  1. The tender for the Pike Road Drain Improvements and Auxiliary Drain Outlet BE AWARDED to Rudak Excavating Inc. for an amount not to exceed $1,084,200.00 plus HST, to be funded as outlined in the report from the Manager of Engineering dated November 29^th, 2022; and,

  2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Rudak Excavating Inc. for the Pike Road Drain Improvements and Auxiliary Drain Outlet.

9.6

2022 Fleet Vehicle Purchase

• It is recommended that:

  1. An over-expenditure for the purchase of a full-size extended cab pick up truck not to exceed $21,217 BE APPROVED for a total cost not to exceed $66,217 including net HST and that the over-expenditure BE FUNDED from the Fleet Reserve.

      

  2. An over-expenditure for the purchase of a full-size extended cab pick up truck not to exceed $16,217 BE APPROVED for a total cost not to exceed $66,217 including net HST and that the over-expenditure BE FUNDED from the Fleet Reserve.

      

  3. An over-expenditure for the purchase of a full-size extended cab pick up truck not to exceed $16,217 BE APPROVED for a total cost not to exceed $66,217 including net HST and that the over-expenditure BE FUNDED from the Fleet Reserve.

      

  4. An over-expenditure for the purchase of a ¾ ton crew cab pick up truck not to exceed $18,143 BE APPROVED for a total cost not to exceed $67,643 including net HST and that the over-expenditure BE FUNDED from the Fleet Reserve.

9.7

Meadow View Estates Subdivision Phase 2 – Assume Surface Asphalt and Sidewalks

• It is recommended that:

  1. The recommendations in the letter from the consulting engineer, Stantec Consulting Ltd dated November 7, 2022 regarding Meadow View Estates Subdivision - Phase 2 BE ACCEPTED; and

  2. The surface asphalt and sidewalks for Meadow View Estates Subdivision – Phase 2 BE ACCEPTED AND ASSUMED.

10.

REPORTS - PLANNING AND DEVELOPMENT SERVICES

10.1

Delegation of Authority to Committee of Adjustment

• It is recommended that:

  1. By-law 2022-113 being a by-law to delegate powers to the Town of Amherstburg Committee of Adjustment to grant variances from Sign By-law 2006-26 and variances from Fence By-law 2022-027, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

10.2

Lease Agreement with Amherstburg Broadcasting Corporation

• It is recommended that:

  1. The Director of Infrastructure Services and the Ontario Clean Water Agency (OCWA) BE DIRECTED to determine the feasibility of installing Amherstburg Broadcasting Corporation (Amherstburg Broadcasting) required radio antenna and equipment at the water tower;
  2. Upon confirmation of the feasibility noted above, Council DIRECT the Deputy CAO/Director of Development Services, to negotiate a License of Occupation Agreement between the Town and Amherstburg Broadcasting with such agreement being consistent with agreements currently in place for other “for profit” businesses which use the water tower; and,
  3. Council DIRECT Administration to bring a report back to Council on the final negotiated lease agreement for approval.

10.3

Request for Variance from Sign By-law 2006-26 at 61 Richmond St.

• It is recommended that:

  1. Council APPROVE the requested variance from Section 9.4(2) of Sign By-law 2006-26 to allow for a variance of 0.84 m to permit a maximum projection of any sign no greater than 2.06 m from the face of the wall at 61 Richmond Street; and

      

  2. Council APPROVE the requested variance from Section 9.4(3) of Sign By-law 2006-26 to allow for a variance of grant 5.16 sq m to permit a maximum area of a projecting sign to be 6.27 sq m at 61 Richmond Street.

10.4

Housekeeping Zoning By-law Amendment 2022-105

(Supplementary attachment)

• It is recommended that:

  1. By-law 2022-105 being a by-law to amend Zoning By-law No. 1999-52, to amend the General Provisions section of the Zoning By-law, having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

11.

REPORTS - CAO's OFFICE

11.1

2022 Municipal Election Post Report

• It is recommended that:

  1. The report by the Municipal Clerk entitled 2022 Municipal Election Post Report dated December 12, 2022, BE RECEIVED;
  2. A combination of traditional voting method with the use of electronic tabulators and drive through voting locations BE APPROVED for the method of voting on Advance Voting Days for the 2026 Municipal Election;
  3. The traditional voting method with the use of electronic tabulators BE APPROVED for the method of voting on Election Day for the 2026 Municipal Election; and,
  4. By-law 2022-114 being a by-law to authorize the use of optical scanning vote tabulators in the 2022 Municipal Election be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

11.2

Accessible On-Demand Taxicab Pilot Project

• It is recommended that:

  1. The report from the Clerk and Manager of Licensing and Enforcement dated November 15, 2022, regarding Accessible On-Demand Taxi’s BE RECEIVED for information; and,
  2. Funding BE CONSIDERED for the Accessible On-Demand Taxi Pilot Project during the 2023 budget deliberations.

11.3

Adoption of the 2023 Calendar of Council Meetings

• It is recommended that:

  1. The rules in the Procedural By-law requiring that Regular Council Meetings be held the 2^nd and 4^th Monday of each month BE WAIVED for the months of February, July, August, and December; and,

  2. The 2023 Calendar of Council Meetings BE APPROVED, as presented.

12.

INFORMATION REPORTS

• That the following information reports BE RECEIVED:

12.1

Drinking Water Quality Management System – 2021 Status Update

13.

CONSENT CORRESPONDENCE

• That the following consent correspondence BE RECEIVED:

13.1

Proposed Disposition of General Amherst High School - Greater Essex County District School Board

13.2

Strengthening Powers of Integrity Commissioner - Town of Petrolia

13.3

Federal Cannabis Act Review - Township of Malahide

14.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

14.1

Drainage Board Meeting Minutes - December 6, 2022

15.

UNFINISHED BUSINESS

16.

NEW BUSINESS

17.

NOTICE OF MOTION

18.

BY-LAWS

18.1

Amendment to By-law 2012-114

• That By-law 2022-116 being a by-law to amend By-law 2012-114 be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 

18.2

Confirmatory By-law 2022-116

• That By-law 2022-116 being a by-law to Confirm all Resolutions of the Municipal Council Meetings held on December 12th, 2022 be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 

19.

ADJOURNMENT

• That Council rise and adjourn at      p.m.