About theburgwatch

Amherstburg's first local blogger since 2011, writing about town council and issues.

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.

New Policy Will Comply With Legislation

This is almost funny. In another report to council for the June 26 council meeting, titled New Policy – Electronic Monitoring of Employees, under Discussion: The Town of Amherstburg values trust, discretion and transparency and believes employees deserve to know when, how and for what purposes their work is being monitored.

Financial Matters states, ‘Failure to approve the Electronic Monitoring of Employees Policy may expose the Town to fines and other legal penalties under the Employment Standards Act, (2000).’ Shouldn’t that have been listed as a risk?

Risks If Two Events Are Not Approved – Real Or Speculative?

In a report to council by Bill Tetler for the June 26 council meeting, the recommendation is that two events be approved:

  1. Super Santa Walk/Run – November 18th, 2023
  2. The Server Shuffle – August 12th, 2023.

The RISK ANALYSIS section includes:

It should be noted, that should these events not be approved, it might have the following detrimental effects on the community:

  • Less awareness and exposure for the Town to attract visitors which could result in economic loss for the Town and its businesses;
  • A lack of support from Council may discourage long standing volunteer associations from providing social and economic opportunities. This would result in a perception of non-worth for their volunteer efforts;
  • Less exposure for the Town reducing its tourism market share;
  • Less exposure for the Town reducing its ability to attract new residents;
  • Less exposure for the Town reducing its value to potential investors;
  • Tourism is a primary industry for the Town of Amherstburg, reducing events will directly impact employment opportunities;
  • Event experiences are learning opportunities for our guests, which promote repeat visits, the deep history Amherstburg has to offer and showcases our local museums, attractions, and historical sites;
  • Events financially support not-for-profit organizations, to ensure sustainability within our community.

Offensive Terminology

copy of email sent to members of council and CAO Critchley today:

i was appalled to hear one Amherstburg Accessibility Advisory Committee member use “wheelchair bound” and another use “bound” during the June 22 committee meeting; this language is outdated and offensive.

i was equally shocked to see the term “crazy” used in three images on the town’s facebook page in reference to woofaroo. i’ve attached screenshots for your information.

i’m also including a link to an article, Are You Still Using The Word Crazy in 2022, even though it’s 2023.

i suggest there is a need for more training given the language used by a member of a committee that should be more aware of preferred terminology and the number of times i’ve encountered ableist attitudes.

Interested In Accessibility?

Watch the Amherstburg Accessibility Advisory Committee in action. Today’s 5 pm meeting agenda has a few items but the meetings seem to take longer than necessary for the same reasons as the council meetings. Can’t people refrain from providing unnecessary speeches, sharing personal anecdotes, and straying off topic?

ORDER OF BUSINESS includes:
2023 Public Consultation Objectives
Multiyear Accessibility Plan
Survey Responses Report – Public Consultation 2022

Site Plan Review – 580 Middle Side Road
580 Middle Sdrd – Site Plan
That the Site Plan for 580 Middle Side Rd. BE ENDORSED by the Amherstburg Accessibility Advisory Committee.

Site Plan Review – 527 Sandwich Street South
01 May 09 2022 Amherstburg SP Metric SP 2.1 Rev
That the Site Plan for 527 Sandwich Street South BE ENDORSED by the Amherstburg Accessibility Advisory Committee.

Watch online.

Town Website Advertised 3 LIBRO Amenities, Celebrated 2

In addition to media articles, the Town of Amherstburg website advertised the LIBRO Celebration Day: “Join us in celebration of 3 NEW AMENITIES!’

screenshot of town’s advertising:

Town of Amherstburg website advertising 3 NEW amenities at LIBRO CENTRE

Clicking the ‘LEARN MORE’ links to the itinerary for two amenities:

Also read: Libro Walking Trail Not Celebrated On June 10