TOWN OF AMHERSTBURG
REGULAR COUNCIL MEETING

AGENDA

Electronic Meeting
Public Participation via Livestream
https://www.amherstburg.ca/livestream

Monday, April 12, 2021

6:00 P.m. - 6:00 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 Tammy Fowkes, Deputy Clerk 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.

ROLL CALL

3.

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.

4.

DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

(Public Council Meeting Agenda Items)

5.

REPORT OUT FROM IN-CAMERA COUNCIL MEETING - March 22, 2021

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 In-Camera Council Meeting Minutes - March 8, 2021, as amended

6.2

Regular Council Meeting Minutes - March 22, 2021

6.3

Special In-Camera Council Meeting Minutes - March 22, 2021

7.

DELEGATIONS

There are no Delegations.

8.

PRESENTATIONS

8.1

Imagine & Believe in Amherstburg Survey - Linden Crain and Jen Desjardins-Grondin, Amherstburg Community Foundation (ACF)

• That the presentation BE RECEIVED.

9.

REPORTS – CORPORATE SERVICES

9.1

Policy Amendment – Procurement Policy

• It is recommended that:

  1. The Procurement Policy BE AMENDED to include the following clause:

      

  “24.3.2.1 h) Where the landowner will be assessed 100% of all costs for works under the Drainage Act and the landowner wishes to choose a contractor from the prequalified list of contractors, or another contractor deemed qualified by the Town, who comply with section 23 of this policy.”

10.

REPORTS – PARKS, FACILITIES, RECREATION AND CULTURE

There are no reports.

11.

REPORTS – ENGINEERING AND PUBLIC WORKS

11.1

2021 Road Repairs Program – Award of Tender

• It is recommended that:

  1. The 2021 Road Repairs Program Tender BE AWARDED to Avanti Paving Inc. in an amount of $136,000 plus applicable taxes; and,
  2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Avanti Paving Inc. for the completion of the 2021 Road Repairs Program.

11.2

2021 Road Maintenance (Tar and Chip) Program – Award of Tender

• It is recommended that:

  1. An over-expenditure not to exceed $10,000 for the 2021 Road Maintenance (Tar and Chip) Program capital project, to be funded from current taxation, BE APPROVED;
  2. The 2021 Road Maintenance (Tar and Chip) Program Tender BE AWARDED to Shepley Road Maintenance Limited in an amount of $206,210 plus applicable taxes; and,
  3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Shepley Road Maintenance Limited for completion of the 2021 Tar and Chip Program.

11.3

Grader and Equipment – Award of Tender

• It is recommended that:

  1. An over-expenditure for purchase of a gravel compaction unit not to exceed $12,700 BE APPROVED for a total cost not to exceed $37,613 including net HST and that the over-expenditure BE FUNDED from taxation, with any surplus/deficit resulting from taxation funded operations to be addressed through recommendations in the year end (Q4) variance report;
  2. The Motor Grader and Equipment Tender BE AWARDED to Brandt Tractor Limited in an amount of $456,654 plus applicable taxes; and,
  3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Brandt Tractor Limited for the purchase of a 2021 Motor Grader and Equipment.

11.4

Ouellette Drain West Improvements - Tender Results

• It is recommended that:

  1. An over-expenditure not to exceed $81,756 BE APPROVED for the Repair and Improvement to the Ouellette Drain West project, for a total cost not to exceed $325,756 including net HST to be funded by recoveries from benefitting property owners;
  2. The Town’s estimate of the over-expenditure not to exceed $13,529 including net HST be funded from current taxation BE APPROVED, with any surplus/deficit resulting from taxation funded operations to be addressed through recommendations in the year end (Q4) variance report;
  3. The Ouellette Drain West Tender BE AWARDED to Nevan Construction Inc. for an amount not to exceed $245,200 plus H.S.T.; and,
  4. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Nevan Construction Inc. for completion of the Ouellette Drain West improvements.

12.

REPORTS - PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES

12.1

Development Agreement, Suitability for Development of Five Proposed Lots on Private Septic Systems and Removal of Holding Zone on N/S County Road 20

• It is recommended that:

  1. The development of five lots on County Road 20 on private septic systems in accordance with the Development Agreement BE APPROVED;
  2. The execution of a Development Agreement with Jon and Kathy Parks associated with Consent File numbers B/28-32/20 inclusive BE APPROVED;
  3. By-law 2021-020 being a by-law to authorize the signing of a Development Agreement for the development of five residential building lots be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same; and,
  4. By-law 2021-025 being a by-law to amend Zoning By-law 1999-52 to Remove a Holding Zone for N/S of County Road 20 (five lots) taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

      

12.2

Hunt Club Creek Subdivision - Extension of Draft Plan Approval

• It is recommended that:

  1. The request from Melanie Muir (Dillon Consulting) on behalf of Hunt Club Creek Inc. for a three year extension of the Draft Plan Approval for Hunt Club Creek Subdivision (File #37-T-02006) BE SUPPORTED; and,
  2. Administration BE DIRECTED to notify the County of Essex, Planning Services, of the Town’s support for the extension of Draft Plan Approval.

      

12.3

Suitability for Development on Private Septic System on one Severed Lot on Front Road N

• It is recommended that:

  1. The development of a lot on Front Road North, severed off 1459 Front Road N, on a private septic system, as outlined in the March 22, 2021 report from the Manager of Planning Services, BE APPROVED.

13.

REPORTS - CAO's OFFICE

13.1

Fire Safety Grant - Letter of Intent and Fire Safety Grant Transfer Payment Agreement

• It is recommended that:

  1. That an over-expenditure not to exceed $10,970 in the Fire budget centre, training and professional development expense BE APPROVED to be funded by $10,000 from the Fire Safety Grant Funding and $970 from taxation; and,
  2. By-law 2021-029 being a by-law authorizing the execution of the Agreement between the Town of Amherstburg and Her Majesty the Queen in Right of Ontario as represented by the Office of the Fire Marshal be taken as having been read three times, and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

      

      

14.

INFORMATION REPORTS

• That the following information reports BE RECEIVED:

14.1

Amherstburg Water Treatment Plant Submission of the 2020 Annual Summary Report

14.2

Information Update – Radon Gas

15.

CONSENT CORRESPONDENCE

• That the following consent correspondence BE RECEIVED:

15.1

Inclusive Community Grants Program - Ministry for Seniors and Accessibility

15.2

Routine Disclosure and Active Dissemination Policy - Linda Saxon, Resident

15.3

Town of Amherstburg Compliance Results - Office of the Fire Marshal and Emergency Management

15.4

Bill C-21, Gun Control Laws - Town of Kingsville Resolution

15.5

Request for Funding for Tree Planting in Windsor-Essex County - City of Windsor Resolution

15.6

Regional Food and Organics Waste Management Program - City of Windsor Resolution

15.7

Support for Fire Departments - Township of Hudson Resolution

15.8

Planning Act Timelines - City of Kitchener Resolution

15.9

MeeQuam Youth Residence Closure - Town of Cochrane Resolution

15.10

Health Canada Cannabis Consultation - Debbie France, Norfolk County Resident

15.11

Schedule 3, Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021 - Town of Orangeville Resolution

15.12

Open Letter to ORFA Members and Industry Employers - Ontario Recreation Facilities Association (ORFA)

15.13

Carbon Tax - Town of Plympton-Wyoming Resolution

16.

CORRESPONDENCE

16.1

Post Traumatic Stress Disorder Awareness Month - June 2021

• It is recommended that:

  1. The correspondence dated March 27, 2021, regarding Post Traumatic Stress Disorder (PTSD) Awareness Month BE RECEIVED; and,
  2. June 2021 BE PROCLAIMED as Post Traumatic Stress Disorder Awareness Month in the Town of Amherstburg.

17.

CONSENT OTHER MINUTES

• That the following minutes BE RECEIVED:

17.1

Committee of Adjustment Meeting Minutes - February 23, 2021

17.2

Committee of Adjustment Meeting Minutes - March 30, 2021

18.

UNFINISHED BUSINESS

18.1

Unfinished Business List as at April 12, 2021

19.

NEW BUSINESS

20.

NOTICE OF MOTION

There are no Notices of Motion.

21.

BY-LAWS

21.1

By-law 2021-028 - Confirmatory By-law

• That By-law 2021-028 being a by-law to Confirm all Resolutions of the Municipal Council Meetings held on April 12, 2021, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.

22.

SPECIAL IN-CAMERA COUNCIL MEETING

• That Council move into an In-Camera Meeting of Council directly following Regular session pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reason:

  Item A - Section 239(2)(c) - A proposed or pending acquisition or disposition of land by the municipality or local board.

23.

DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

(In-Camera Council Meeting Agenda Item)

24.

ADJOURNMENT FROM SPECIAL IN-CAMERA COUNCIL MEETING

25.

ADJOURNMENT

• That Council adjourn at      p.m.