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TOWN OF AMHERSTBURG COUNCIL MEETING AGENDA Monday, January 13, 2020 6:00 PM 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. Pages 1. CALL TO ORDER 2. NATIONAL ANTHEM 3. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF (Public Council Meeting Agenda Items) 4. REPORT OUT FROM IN-CAMERA SESSION - January 6, 2020 5. 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: 5.1 Special In-Camera Meeting Minutes - September 18, 2019 5.2 Special In-Camera Council Meeting Minutes - September 23, 2019 5.3 Special Council Meeting Minutes - Planning - September 23, 2019 7 5.4 Regular Council Meeting Minutes - September 23, 2019 10 5.5 Special Council Meeting Minutes - September 30, 2019 26 6. DELEGATIONS 6.1 Sunparlor R/C Flyers Inc. - Exemption to and Review of Noise By-law - 28 Paul Sousa That the delegation BE RECEIVED. 6.2 Opposing SunParlour R/C Flyers Noise Exemption Request - Tom and 46 Mary Bateman That the delegation BE RECEIVED. 6.3 Construction of New Fieldhouse and Entrance Way to Miracle League - 54 Chuck Bondy and Brian McGee, Miracle League of Amherstburg That the delegation BE RECEIVED. 7. PRESENTATIONS 7.1 Legion Noise Study Findings - Colin Novak, Akoustik Engineering Ltd. 62 That the presentation BE RECEIVED. 8. REPORTS – CORPORATE SERVICES No reports at this time. 9. REPORTS – PARKS, FACILITIES, RECREATION AND CULTURE 9.1 TRUE Festival 70 It is recommended that: 1. The proposed TRUE Festival Program BE APPROVED; 2. The TRUE Festival BE EXEMPT AND PERMITTED for road closures to begin prior to 5pm; 3. An exemption BE GRANTED to Section 3 of the Kings Navy Yard Park By-law #2004-89 to allow for the following public events in the Kings Navy Yard Park; 4. 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 TRUE festival; and, 5. The TRUE Festival BE DEEMED as a municipally significant event for the purpose of applying for a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario (AGCO). 9.2 Joint Use Agreement with GECDSB for Use of Recreational Facilities 124 It is recommended that: 1. The Joint Use Agreement between the Town of Amherstburg and the GECDSB BE APPROVED; 2. The Mayor and Clerk BE AUTHORIZED to execute the Joint Use Agreement with the GECDSB for the remainder of the 2019/2020 school year satisfactory in technical content to the Director of Parks, Facilities, Recreation and Culture, in financial content to the Director of Corporate Services and in legal content to the Director of Planning, Development and Legislative Services; and 3. Administration BE DIRECTED to report back, following the end of the 2019/2020 school year, on outcomes from the Agreement and recommendations on continuation of and or amendments to the Agreement. 10. REPORTS – ENGINEERING AND PUBLIC WORKS No reports at this time. 11. REPORTS – PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 11.1 Removal of Part Lot Control, Big Creek Subdivision 12M-505 144 It is recommended that: 1. By-law 2020-002 being a by-law to remove certain lands described for Part Lot Control exemption be taken as having been read three times and finally passed and the Mayor and Clerk be authorized to sign same; and, 12. REPORTS - CAO's OFFICE No reports at this time. 13. INFORMATION REPORTS That the following information reports BE RECEIVED: 13.1 Cheque Listing for the Month of December 2019 150 14. CONSENT CORRESPONDENCE That the following consent correspondence BE RECEIVED: 14.1 Windsor Police Services - Amherstburg Detachment Policing Activities 198 2019 14.2 Essex County Letter to the Minister - Climate Change Emergency 199 Declaration 14.3 Royal Canadian Legion - Military Service Recognition Book 202 14.4 City of Pickering - Addressing Growing Municipal Liability and 204 Insurance Costs 14.5 Human Rights Day with Call for Student Art, Poetry and Media 224 14.6 Minister Todd Smith - Ontario's Poverty Reduction Strategy 227 15. CONSENT OTHER MINUTES That the following minutes BE RECEIVED: 15.1 Audit and Finance Advisory Committee Minutes - November 6, 2019 231 15.2 Audit and Finance Advisory Committee Minutes - November 15, 2019 237 16. UNFINISHED BUSINESS 16.1 Unfinished Business List as at January 13, 2020 249 17. NEW BUSINESS 18. NOTICE OF MOTION None. 19. BY-LAWS 19.1 By-law 2020-008 - Confirmatory By-law 251 That By-law 2020-008 being a by-law to Confirm all Resolutions of the Municipal Council Meetings held January 6th and 13th, 2020, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 20. 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)(d) - Labour relations or employee negotiations. 21. DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF (In-Camera Council Meeting Agenda Items) 22. ADJOURNMENT OF SPECIAL IN-CAMERA COUNCIL MEETING 23. RESUMPTION OF REGULAR COUNCIL MEETING 24. ADJOURNMENT That Council rise and adjourn at p.m. TOWN OF AMHERSTBURG SPECIAL COUNCIL MEETING - PLANNING Monday, September 23, 2019 4:00 PM Council Chambers, 271 Sandwich Street South, Amherstburg, ON, N9V 2A5 MINUTES PRESENT Deputy Mayor Leo Meloche Councillor Donald McArthur Councillor Michael Prue Councillor Marc Renaud Councillor Patricia Simone Giovanni (John) Miceli, CAO Paula Parker, Clerk Tammy Fowkes, Deputy Clerk Frank Garardo, Manager of Planning Services Mark Galvin, Director, Planning Development and Legislative Services ABSENT Mayor Aldo DiCarlo Councillor Peter Courtney _____________________________________________________________________ CALL TO ORDER The Deputy Mayor called the meeting to order at 4:03 p.m. Page7 DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF There were no disclosures of pecuniary interest noted. SPECIAL PLANNING REPORTS 3.1 Zoning By-Law Amendment - 4380 Concession 4 S The Manager of Planning Services provided an overview of the Zoning By-law Amendment for 4380 Concession 4 S and answered Council questions. The Deputy Mayor invited the public to comment. There were no comments heard. Resolution # 20190923-450 Moved By Councillor Prue Seconded By Councillor Renaud That: 1. Comments from the public with respect to Zoning By-law Amendment at 4380 Conc. 4 S. (File ZBA-17-19) by David & Carol Mailloux BE RECEIVED and SUMMARIZED in a future report to Council. The Deputy Mayor put the Motion. Motion Carried 3.2 Zoning By-Law Amendment - ES Howard Ave The Manager of Planning Services provided an overview of the Zoning By-law Amendment for ES Howard Avenue and answered Council questions. The Deputy Mayor invited the public to comment. The following were heard: Megan Dragicevic - 7981 Howard Ave. Sarah Sinasac - Applicant Representative, Dillon Consulting Resolution # 20190923-451 Moved By Councillor Renaud Seconded By Councillor McArthur Town of Amherstburg – Special Council Meeting Minutes - Planning September 23, 2019 @ 4:00 p.m. Page 2 of 3 Page8 That: 1. Pending Council consideration of written and oral comments received at this public meeting regarding the Zoning By-law Amendment for Part of Lot 14, Concession 7, municipally known as E/S Howard Ave, Amherstburg & Zoning By-law 2019-076 BE CONSIDERED at a future regular Council meeting. The Deputy Mayor put the Motion. Motion Carried ADJOURNMENT Moved By Councillor Simone Seconded By Councillor McArthur That Council rise and adjourn at 4:43 p.m. The Deputy Mayor put the Motion. Motion Carried ______________________________________________ DEPUTY MAYOR – LEO MELOCHE _______________________________________________ CLERK – PAULA PARKER Town of Amherstburg – Special Council Meeting Minutes - Planning September 23, 2019 @ 4:00 p.m. Page 3 of 3 Page9 TOWN OF AMHERSTBURG REGULAR COUNCIL MEETING Monday, September 23, 2019 6:00 PM Council Chambers, 271 Sandwich Street South, Amherstburg, ON, N9V 2A5 MINUTES PRESENT Deputy Mayor Leo Meloche Councillor Donald McArthur Councillor Michael Prue Councillor Marc Renaud Councillor Patricia Simone Giovanni (John) Miceli, CAO Paula Parker, Clerk Tammy Fowkes, Deputy Clerk Mayor Aldo DiCarlo ABSENT Councillor Peter Courtney ____________________________________________________________________ CALL TO ORDER The Deputy Mayor called the meeting to order at 6:08 p.m. NATIONAL ANTHEM Page10 MAYOR'S OFFICE - WELCOME & ADDRESS DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF (Public Council Meeting Agenda Items) Councillor Prue declared pecuniary interest with respect to Item # 7.2 due to the delegate being his wife. Councillor Renaud declared pecuniary interest with respect to Item # 8.2 because he is the President of the Amherstburg Minor Hockey Association (AMHA) which pays User Fees to the Libro Centre. REPORT OUT FROM IN-CAMERA SESSION - September 18, 2019 Council met on September 18, 2019, for a Special In-Camera Meeting at 12:09 pm and discussed (1) item as provided for under Section 239 of the Municipal Act: Item A - heard under Section 239(2)(b)(d)&(e) of the Act.