An application has been filed with the Ontario Land Tribunal regarding the Zoning By-law Amendment application council approved in May for the boutique hotel.
The new total of cases at the OLT for Amherstburg is seven.
Author Archives: theburgwatch
Delegate Requests: Procedural By-Law Update Overdue
On Friday, July 7, 2023 at 11:37 AM, as per the Town of Amherstburg procedural by-law, I applied to be a delegate regarding an agenda item.
I attached speaking notes consisting of two sentences contained in the June 26 administration report to council.
On Friday, July 7, at 1:36 PM, Deputy Clerk Sarah Sabihuddin (hired in May; former recorder for Windsor Police Services Board) thanked me for my submission and stated, ‘The attached delegation form does not convey sufficient detail for assessment. Please provide greater context to be able to evaluate this request to delegate before Council in order for the Town to process this request.
For example, the attached speaking notes provide a quote from the report but do not indicate what the concerns you have are and what action you wish the Council to take.’
On Friday, July 7, at 2:38 PM, I answered, ‘i believe i have fulfilled all the requirements to be a delegate at the July 10, 2023 council meeting. there is no requirement on the form or in the procedural by-law for me to state ‘what the concerns you have are and what action you wish the Council to take.’ the agenda arrived late yesterday and i met today’s noon deadline to apply. i have a constitutional right, guaranteed by the supreme court of canada, to exercise free speech. if any specific legislation to the contrary exists, please provide me with it.
additionally, as a person with disabilities, i am entitled to equal treatment without discrimination under the ontario human rights code and i have the right to be accommodated, pursuant to same. again, if there is any legislation to the contrary, please provide me with it.
I heard no more until Monday, July 10 at 9:28 AM, CAO Critchley emailed that my email had been sent to her for reply. Critchley’s response was, ‘While I agree with you that the Canadian Charter of Rights and Freedoms guarantees all Canadians the right of “free speech”, it does not guarantee the right to exercise that free speech wherever and whenever a person so chooses. For examples, delegations “as of right” are not permitted in either the House of Commons or the Legislative Assembly of Ontario. Further, most municipalities across the province have procedures in place for delegations which must be followed. I would note that, in addition to presenting in person, the majority of these procedures also include the ability to provide written materials, as is the case in the Town of Amherstburg.
However, having said that, I agree that our Procedure By-law is somewhat vague on what a delegation must submit in order for the delegation request to be approved. Therefore, in this instance, your request will be approved and the Deputy Clerk will provide you with the Zoom meeting link for tonight’s Council Meeting.’
My response to Crtichley was copied to everyone on council because an update of the 2014 procedural by-law is overdue. ‘i hardly think delegates in amherstburg compare to provincial and federal parliaments. you may recall that in february i did ask what accommodations the town provides for persons with disabilities who are unable to attend council/committee meetings in person. equal opportunity should be provided as it is for in person residents who wish to speak.
also, in march, there seemed to be some misunderstanding regarding my delegate request and the required submission. at that time, i reiterated my accommodation question.
i have been asking for the procedural by-law to be updated to reflect current legislation, like other municipalities, that afford equal opportunities to residents, including persons with disabilities. for example, while residents may have ‘the ability to provide written materials,’ it is usually relegated to consent correspondence, whereas i requested written submissions be considered as one method of delegating – again, like other municipalities. that would be more inclusive, wouldn’t it? when will council exercise its authority to update the 2014 procedural by-law?
given that there seems to be an increase in the number of times delegate requests are at issue, now would be an opportune time to update it, with public consultation of course.’
Related: Hear Delegate Request Discussion June 12, 2023 Council Meeting
What’s On The July 11 Council Meeting Agenda?
Another workshop for 4 pm with one item – Community Strategic Plan.
The Summary of Findings from Surveys is not exactly representative of the community with only 208 responses of approximately 23,000 residents, or less than 1%.
On the ‘positive’ side, the Strengths section of the SWOT Analysis revealed:
Strengths | Administration
- Improved, Effective Leadership Team and Administration: Overall, Council report a high degree of confidence in the Town Staff.
- Positive Workplace Culture: Staff report feeling supported by leadership and the workplace culture.
Strengths | Community
- Strong Community Identity: Amherstburg has a strong sense of identity, and the community prides itself on its “small town charm,” natural beauty, and heritage.
Oh, oh, then came the negative, the weaknesses part of the SWOT:
Weaknesses | Administration
- Legacy of mistrust between Council, the Administration, and the Community: Amherstburg suffers from a tension arising from years of real and perceived mismanagement and breaches of public trust. Despite significant turnover among staff and Council, this continues to act as a barrier to decision making.
- AODA Compliance: The Administration is not currently prepared for the coming AODA legislative deadlines. While steps have been taken to increase accessibility within the administration, some barriers still exist among the Town’s services, physical environment, and communications.
Weaknesses | Community
- Amherstburg is Divided over its Future: There is a clear divide among the community in Amherstburg over its future and identity – especially as it relates to tourism and managing growth. While the majority is not opposed to growth in the abstract, tensions remain as to the “type” of town Amherstburg is becoming or should become.
- Tensions over Diversity and Inclusion Efforts (DEI): While the Town has taken steps to advance DEI within the administration and Town, there remain unresolved tensions in some parts of the community over diversity and inclusion issues.
The result of the workshop will be this DRAFT Strategic Framework.
My feedback on the survey to Strategy Corp was that there is no mention of accommodating people with disabilities if pop up events pose barriers, as does the online survey. it was disappointing to see accessibility as an item separated from the DEI, but a number of the disability community know too well that accessibility is not usually a part of DEI.
Strategy Corp answered, While I do understand that accessibility is considered a key part of DEI, our previous engagement up to the survey development has indicated that accessibility, in particular, is a concern and priority for the Town. We therefore thought it appropriate to include it as a distinct option for residents to prioritize. As you rightly point out, not everyone realizes accessibility is a key part DEI efforts.
I wrote back that I would have to emphatically disagree that ‘accessibility, in particular, is a concern and priority for the Town’ based on history.
My actual survey answers do not appear to be included, but Strategy Corp did note, ‘It is not an exhaustive list of everything we heard.’
Blog Commenting Policy
I guess this needs to be repeated. I implemented a blog commenting policy which is my right and it’s fully available for viewing. Comments are moderated and visitors are free to decide whether comments abide by my policy. Likewise, I am free to decide that comments will not be published if they contain personal attacks or content that could be deemed offensive. Also, if I don’t publish a comment that is deemed offensive, I also won’t publish any subsequent personal attacks for not publishing any offensive comment. I hope this clears things up.
What’s On The July 10 Council Meeting Agenda?
It should be a long meeting since there are quite a few items on Monday’s agenda and if you factor in the usual anecdotes, they might need a few breaks.
I think it’s a record 13 minutes of previous meetings for approval from February to June and 4 ‘other’ minutes.
Items:
- One delegate listed – Larry Amlin speaking on behalf of Amherstburg Residents Forum about Duffy’s.
- One presentation by MPAC – property assessment.
- A detailed report regarding amendments to salary administration program policy.
- Anderdon Court Repair Options report – upset limit of $40,000.
- Tar and Chip Tender for $212,745 plus applicable taxes
- Proposed Changes to the PPS
- 79 Murray Street Payment in Lieu of Parking Request (more on that later)
- Consent Agreement, 7751 Howard Avenue
- Declaration of Surplus Property for Disposition– Victoria St S
- Two ZBAs
- here reports from the CAOs office: Emergency Management, Public Alerting and Fire Services By-law Amendments
Changes Were To Be Made
Mayor Prue’s November 28, 2022 Inauguration speech: listen to the audio or read the text below.
I’ve spoken to the CAO, and we’re going to make some changes or hopefully Council will agree to some changes how council meetings are held. In the past you all got a council agenda on Thursday you had until Friday to put your name down if you wanted to speak or make a deputation. We’re now going to give one week’s notice. You’ll get it on Monday for the following Monday. So that will give an opportunity to everyone to know what’s happening and to be part of the process. I hope Council will agree to allow more public deputations without having to all put our hands up and waive the rules every single time. I think people should have the right to make a deputation before Council when the item is on the agenda.
Monday July 11 council meeting agenda was not posted on Monday.
Council needs to update its procedural by-law to make the process more citizen oriented and inclusive of people with disabilities. Many other municipalities provide for a variety of ways for residents to submit their concerns. I’ve asked a few times.
Related: Hear Delegate Request Discussion June 12, 2023 Council Meeting
Compliance Is Key
Shouldn’t compliance with legislation be key instead of perceptions? This is a follow up to my June 17 post, How Many Members Of Council Can Attend An Event?
CAO Critchley stated we have found that it’s the “perception” of the situation that is the key and, as we have received Closed Meetings Complaints in the past due to such perceptions, we like to err on the side of caution.
I believe the Ombudsman investigated the Town of Amherstburg and reported his findings based on compliance issues and not perceptions.
From the Ombudsman Ontario website:
Town of Amherstburg – “Behind Closed Doors” council repeatedly contravened the Municipal Act and its own procedure by-law. Council discussed issues in closed session that were not permitted under the exceptions to the Municipal Act, and also routinely engaged in improper voting behind closed doors.
Town of Amherstburg improperly held a vote during an emergency closed meeting in February 2011.
Town of Amherstburg the subject matter discussed in camera was permitted; however, Council did improperly vote during the in camera session of the November 26, 2012 Council meeting.
Town of Amherstburg council violated the Municipal Act when it discussed bank signing authorities in closed session under the “personal matters” exception on December 10, 2014.
Town of Amherstburg Joint Police Advisory Committee (JPAC) failed to comply with its terms of reference in closing several meetings using the security of the property exception. The Ombudsman found council violated the Municipal Act in closing a meeting under the security of the property exception.
Town of Amherstburg contravened section 239(4)(a) of the Act on September 13 and November 16, 2021 by failing to state by resolution the general nature of the matters to be considered in camera. The Town also contravened the requirements of section 239(7) of the Act by failing to keep a record of what occurred in camera on November 8 and November 16, 2021.
Town of Amherstburg council contravened the Municipal Act, 2001 and the municipality’s procedure by-law when it approved accounts payable over email in December 2014 and January 2015. Council’s collective email discussion and approval of the accounts constituted a meeting for purposes of the Municipal Act, which was closed to the public and did not fall within any of the Act’s permitted exceptions.
On October 14, 2015, the exception for personal matters in s. 239(2)(b) cited in the resolution to close the meeting did not apply to the discussion of a legal fee reimbursement.
On October 26, 2015, council’s discussion fit within the exception for personal matters about an identifiable individual in s. 239(2)(b), only because council referenced extraneous personal matters throughout the discussion. Had council limited its discussion to the item stated in the resolution, the discussion would not have fit within any of the exceptions to the open meeting rules.
Recommendation 2
Members of council for the Town of Amherstburg should avoid exercising the power or authority of council or laying the groundwork to do so through email communications.
Happy Canada Day, A? As In Ableism And Atrocities
Not everyone is celebrating nor does everyone feel welcome to participate in the celebration and activities.
Unlike countless other municipalities, the Amherstburg Canada Day Run/Walk did not include the word ‘roll’ in its title; if it had, people using mobility devices might have felt welcome to participate, but it was a timed race for those who are ‘able’ to run and/or walk.
So many advertisements of events state everyone is welcome, but are they? They’re not welcome if they can’t get there due to barriers and they can’t participate in anything that is not inclusive.
There is a long history of persons with disabilities being marginalized and discriminated against and it is unacceptable, given all the legislation, polices, practices, guidelines, etc. to encounter ‘it’s just a painfully slow process’ or ‘baby steps.’ Such comments indicate the attitude that it’s just not a priority; it’s especially evident when other projects like a dog park are built and celebrated or when politicians volunteer and/or advocate for certain projects that appeal to their interests.
Ableism is the belief that it is “normal” to not have a disability and that “normal” is preferred. It’s discrimination on the basis of disability. Visit Inclusion Canada’s This Is Ableism to learn more.
Atrocity an extremely wicked or cruel act, typically one involving physical violence or injury. “war atrocities”
Two years ago thousands of unmarked graves of Indigenous children were found in residential schools throughout Canada. CTV reported last year, Organizers from coast to coast say they are trying to balance celebrations of Canadian pride with reflections on the country’s difficult history with Indigenous people.
Visit Why you Shouldn’t be Celebrating Canada Day- and what to do Instead to learn more.
When ALL marginalized communities are welcome to attend and participate in events that are inclusive of EVERYONE, I’ll be the first to celebrate.
Deputy Mayor Gibb Comments On Windsor Police Activities Report
Two Windsor Police reports were on the June 26 agenda:
15.1 WPS 2022 Amherstburg Annual Activities Report
15.2 WPS Q1 Amherstburg Annual Activities Report
Deputy Mayor Gibb asked if anyone from Windsor Police Service Amherstburg detachment was there. He mentioned the average number of tickets increased in 2023 and wondered if there’s more enforcement and asked or has everyone started speeding three times as much?
Staff Sergeant Caffarena stated that since around October they are enforcing more.
Gibb said that was fantastic to see and that it’s much appreciated because that was one of the biggest things knocking on doors – everybody’s speeding on everyone’s street so hopefully the illustrious reporters in the room get the word out that Amherstburg detachment is on the prowl, so Drive Safe. Listen to the audio.
During the February 8 WPS contract renewal discussion, Gibb said, in part, he felt the Windsor Police Amherstburg detachment does a great job protecting Amherstburg and every indication he sees is that the people of Amherstburg are happy with it. So he personally felt that they’re going to have to vote to go with the recommendation. Listen to the audio.
Gibb made the motion to receive the report and go forward with renewing the Windsor Police contract for the next five years.
The December 5, 2022 recommendation, and subsequent council motion, was to extend the deadline to renew to March 31, 2023 so public consultations could be held.
If public consultations had been held prior to contract renewal, Gibb could have shared road safety concerns he heard from residents; and those residents would have had an opportunity to do the same. And maybe before the next contract renewal term, an OPP costing will be obtained, as it was supposed to be, so Amherstburg taxpayers could save $2 million annually for all the amenities we currently go without.
Sign By-law – Wait For What?
June 27 email to council members regarding a June 26 council meeting new business discussion.
Once again, thank you Councillor Pouget for taking an interest in and representing constituents’ concerns and the disability community regarding signs obstructing sidewalks.
You may recall that on May 5 I requested a sign by-law review be undertaken, along with a report on the enforcement of it. I mentioned signs, furniture and retail displays impede pedestrian rights of way and the removal of barriers needs to be more of a priority.
I followed up in a June 23 email.
I understand from the June 26 council meeting that a review may be underway. Councillor Pouget said she would prefer that we not wait until fall for a report and wondered why they just can’t go into a business and ask them to remove the obstructions on the sidewalks.
I wonder how accessibility and inclusivity can be a priority if we must wait until fall and be concerned with negative impacts on businesses?
After having read the Sign By-law, I would like an explanation for the wait when sections of the by-law already allow for the Chief Building Official to remove a sign without notice if it obstructs a sidewalk.
As for enforcement, the Sign By-law stipulates that Police Officers of the Town of Amherstburg Police Services and By-law Enforcement Officers of the Corporation shall have the duty of enforcing the provisions of this by-law. The Windsor Police Agreement continued with this practice of by-law enforcement.
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