TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

AGENDA

View Livestream at the time of the proceedings at
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Monday, August 08, 2022

6:00 P.m. - 7:00 P.m.

Council Chambers

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

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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

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.

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:

6.1

Special Council Meeting Minutes - Planning - July 11, 2022

6.2

Regular Council Meeting Minutes - July 11, 2022

6.3

Special Council Meeting Minutes with Special In-Camera Council Meeting Minutes (Public) - July 25, 2022

7.

DELEGATIONS

7.1

Inquiries into the Town of Amherstburg's Finances - Nancy Atkinson, Amherstburg Taxpayers Association

• That the delegation BE RECEIVED.

8.

REPORTS – CORPORATE SERVICES

8.1

2021 Year End Reporting: Audited Consolidated Financial Statements, Building Services Annual Statement, Development Charge Reserve Funds Statement, and 2021 Parkland Dedication Reserve Statement

• It is recommended that:

  1. The report from the Treasurer and the Director of Corporate Services dated July 29, 2022 regarding 2021 Year End Reporting: Audited Consolidated Financial Statements, Building Services Annual Statement and Amended Development Charge Reserve Funds Statement BE RECEIVED;
  2. The Audited Consolidated Financial Statements for the year ended December 31, 2021 BE APPROVED;
  3. The Audit Findings Report of KPMG for the year ended December 31, 2021 BE RECEIVED;
  4. Administration BE AUTHORIZED to post the 2021 Consolidated Financial Statements on the Town of Amherstburg website;
  5. The Statement of Revenue and Expenses and Accumulated Net Expense for Building Services for the year ended December 31, 2021 BE RECEIVED;
  6. The Development Charges Reserve Funds Statement, for the year ended December 31, 2021 BE RECEIVED; and,

  7. The Parkland Dedication Reserve Statement, for the year ended December 31, 2021 BE RECEIVED.

8.2

2022 Projected Reserve Balance Update

• It is recommended that:

  1. The report for the 2022 Projected Reserve Balances BE RECEIVED; and,
  2. Council APPROVE the 2021 list of outstanding capital projects funded from the reserve as presented.

8.3

2021 Year End (Q4) Budget to Actual Summaries and Transfers

• It is recommended that:

  1. The Transfers to Reserves/Reserve Funds made by the Treasurer as outlined in Appendix A to the 2021 Year End (Q4) Budget to Actual Summaries and Transfers Report BE AFFIRMED;
  2. The 2022 over-expenditures and reserve transfers BE APPROVED as follows:
     1. $120,000 to the EV project (May 9, 2022)
     2. $300,000 to the Municipal share of Pike Road Drainage project (July 11, 2022) with the remainder of $205,345 to be included in the 2023 Budget
     3. $164,300 Fire Station Design (July 2022)
     4. $97,000 Gym Design (July 2022)
     5. $200,000 to Employee Related Reserve to be utilized for Implementation of Compensation Review (Aug 8 2022)
     6. $15,000 for the precommitment of the 2022 Park House Grant
  3. The Treasurer BE AUTHORIZED to transfer the taxation-supported surplus as follows:
     1. $395,705 to Building Reserves;
     2. $500,000 to the Fleet Reserve; and
     3. $150,000 to Tax Stabilization Reserve Fund: and
     4. $147,964 (remaining) to the Reserve Fund General; and,
  4. The Treasurer BE AUTHORIZED to transfer:
     1. $1,237,142 to Water Reserves
     2. $499,631 to Wastewater Reserves

9.

REPORTS - PARKS, FACILITIES, RECREATION & CULTURE

There are no reports.

10.

REPORTS - ENGINEERING & INFRASTRUCTURE SERVICES

10.1

2021 Road Needs Study

• It is recommended that:   

  1. The 2021 Road Needs Study BE APPROVED.

10.2

Transportation & Active Transportation Masterplan – RFP Results

• It is recommended that:

  1. The Transportation & Active Transportation Masterplan BE AWARDED to T.Y. Lin International Canada Inc. for an amount not to exceed $145,785 plus H.S.T based on the proposal submitted June 14, 2022; 
  2. A pre-commitment to the 2023 operational budget – professional fees of $23,350 BE APPROVED; and,
  3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with T.Y. Lin International Canada Inc. to complete the Transportation & Active Transportation Masterplan.

11.

REPORTS - DEVELOPMENT SERVICES

11.1

Official Plan Amendment No. 17: 51-57 Sandwich Street South

• It is recommended that:

   

  1. Official Plan Amendment No. 17, attached to this report as Appendix “A”, BE ADOPTED by Council and forwarded to the County of Essex.

11.2

Official Plan Amendment No. 16: 131-135 Sandwich Street South

• It is recommended that:

  1. Official Plan Amendment No. 16, attached to this report as Appendix “A”, BE ADOPTED by Council and forwarded to the County of Essex.

11.3

Consider the Need for a Secondary Plan – Howard Industrial Park District

• It is recommended that:

   

  1. A Secondary Plan BE PREPARED for the area bounded by County Road 9, North Side Road, 8^th Concession Road and County Road 8 (Townline Road) also known as the Howard Industrial Park District; and,
  2. Council APPROVE a transfer of $50,000 from Plans and Studies Reserve account.

11.4

Riverview Subdivision- Subdivision Agreement File No. 37-T-22003

• It is recommended that:

  1. The Corporation of the Town of Amherstburg ENTER INTO a Subdivision Agreement with 1583954 Ontario Limited and 2865522 Ontario Limited for Riverview Subdivision; and,
  2. By-law 2022-082 being a By-law to authorize the signing of a Subdivision Agreement for Riverview Subdivision be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

12.

REPORTS - CAO's OFFICE

12.1

2022 Special Events Approval - Part V

• It is recommended that:

  1. The following events BE APPROVED:

  • Amherstburg Uncommon: September 16, 17 & 18, 2022
  • River Lights Opening Night– November 19, 2022

  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:

  • Amherstburg Uncommon
  • River Lights Opening Night

  3. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm:

  • River Lights Opening Night

  4. The Public Events Committee BE DIRECTED to confirm that the requirements identified by the Committee are met prior to issuing an event permit.

12.2

Delegated Authority During Lame Duck Period

• It is recommended that:

  1. Authority BE DELEGATED to the Chief Administrative Officer or delegate for the 2022 period during which a “lame duck” Council is in effect, pursuant to section 275 of the Municipal Act, 2001, S.O. 2001, c.25, to address matters as follows:
     1. The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and,
     2. Making any unbudgeted expenditures or incurring any other liability which exceeds $50,000.
  2. The Chief Administrative Officer or delegate CONSULT with legal counsel and the Treasurer, where appropriate, prior to exercising that delegated authority;
  3. The Chief Administrative Officer or delegate BE DIRECTED TO ADVISE Council in writing prior to exercising the delegated authority; and,
  4. By-law 2022-081 being a by-law to authorize the delegated authority for restricted acts during the “lame duck” period be taken as having been read three time and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

13.

INFORMATION REPORTS

• That the following information reports BE RECEIVED:

13.1

Deloitte Report Update

13.2

Building Activity Report for April to June 2022

14.

CONSENT CORRESPONDENCE

• That the following consent correspondence BE RECEIVED:

14.1

Ontario Ombudsman Report, July 2022 - Investigation into Amherstburg Closed Meetings - Ombudsman of Ontario

14.2

Climate Emergency Declaration - Township of Mulmur Resolution

14.3

Removal of Municipal Councillors Under Prescribed Circumstances - City of Owen Sound Resolution

14.4

Seeking Prosperity and Partnership with Indigenous Nations - City of Brantford Resolution

15.

CORRESPONDENCE

15.1

Fight Like Mason Childhood Cancer Awareness Month - September 2022

• It is recommended that:

  1. The Proclamation request from the Fight Like Mason Foundation regarding Childhood Cancer Awareness Month BE RECEIVED;
  2. September 2022 BE PROCLAIMED as Childhood Cancer Awareness Month in the Town of Amherstburg; and,
  3. The Fight Like Mason flag BE RAISED in September, date to be determined.

16.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

16.1

Parks and Recreation Advisory Committee Meeting Minutes of May 11, 2022

16.2

Co-An Park Committee Meeting Minutes of June 8, 2022

16.3

Economic Development Advisory Committee Meeting Minutes of June 9, 2022

16.4

Heritage Committee Meeting Minutes of June 16, 2022

16.5

Amherstburg Accessibility Advisory Committee Meeting Minutes of June 23, 2022

16.6

Amherstburg Accessibility Advisory Committee Meeting Minutes of July 28, 2022

17.

OTHER MINUTES

17.1

Amherstburg Environmental Advisory Committee Meeting Minutes of June 15, 2022

• It is recommended that:

  1. The Amherstburg Environmental Advisory Committee Meeting Minutes of June 15, 2022 BE RECEIVED; 
  2. Consideration of a budget request to plant 100 trees on or about Earth Day, in partnership with ERCA, as well as funds necessary for an Earth Day Tree Planting Event BE REFERRED to 2023 budget deliberations; and,
  3. Administrative assistance in the organization of the Earth Day Tree Planting Event as a Town event BE CONTINGENT on the event's 2023 budget allocation. 

17.2

Heritage Committee Meeting Minutes of July 14, 2022

• It is recommended that:

  1. The Heritage Committee Meeting Minutes of July 14, 2022 BE RECEIVED; 
  2. Administration BE DIRECTED to bring a report back to the Heritage Committee on consideration of addition of the Boblo Blockhouse to the Town's Heritage Register. 

18.

UNFINISHED BUSINESS

18.1

Unfinished Business List as at August 3, 2022

19.

NEW BUSINESS

20.

NOTICE OF MOTION

There are no Notices of Motion.

21.

BY-LAWS

21.1

By-law 2022-083 - Confirmatory By-law

• That By-law 2022-083 being a by-law to Confirm all Resolutions of the Municipal Council Meetings held on July 25th and August 8th, 2022 be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

22.

ADJOURNMENT

• That Council rise and adjourn at      p.m.