About theburgwatch

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

Outstanding Town Litigation Excludes Amherstburg Police Service

The Monday, December 15, 2014 Council Agenda (still, unfortunately, found off site) includes a Report to Council regarding the Council Update on Outstanding Town Litigation.

There is fine print indicating what is not included, but the Amherstburg Police Service is not mentioned.

In a December 2011 post, Amherstburg Police Chief Berthiaume Tight-lipped About Deployment, I mentioned how Chief Tim Berthiaume stated, “the amherstburg police service does not ‘breakdown’ legal expenses.”

If the police service legal fees regarding outstanding litigation are excluded from the Report to the Town, should the police service then submit its own Report to the town but this time with a breakdown of fees – for prosecutions, defending claims, complaints, etc.?

shopamherstburg.ca has accessibility issues

The shopamherstburg.ca site has accessibility issues that need to be addressed, which makes me wonder – was accessibility included in any RFP?

There is no accessibility statement on the site, nor does the company that designed the site have any accessibility related information on its site.

One can ‘search’ to find a business but unfortunately, there is also no information regarding accessibility of individual businesses, something people need to know – both residents and tourists.

For example, there are two dollar stores in town, but the Dollar Tree is the only one i visit because of its push button doors and wide uncluttered aisles.

I expect the building department to adhere to its ‘minimum requirements’ position, but I would remind everyone that the Ontario Human Rights Code supersedes all legislation in Ontario.

If businesses want to attract more customers, they need to be more accessible; otherwise, I shop out of town.

Commentary by Linda Saxon

1762668 Ontario Inc. Added To Accessibility Hall Of Shame

1762668 Ontario Inc., owned by Rene and Anne Rota, is being added to the Accessibility Hall Of Shame because, as mentioned in this post, the February 20, 2014 Human Rights Tribunal Ontario Order has not been complied with regarding the hiring of a consultant to provide training to Mr. Rota and any managers on the landlord’s obligations under the Code with respect to accommodating disability.

Equal Access Movement 20 Years Old

Two occasions cause me to reflect on my campaign to improve accessibility in my community.

Last week the AODA Alliance gathered at Queen’s Park to celebrate the November 29, 1994 birth of Ontario’s tireless grassroots movement for a fully accessible Ontario and December 3 is the International Day for People with Disabilities.

Prior to the ODA 2001, I endured a decade long battle with the Town of Amherstburg to obtain equal access to the town’s historic Carnegie library. Funding opportunities were lost because the town prioritized other amenities even when the grants specified accessibility came first.

Finally, as a result of my human rights settlement in 2004, an elevator was installed at the library. I was not invited, but the council of the day held a ribbon cutting ceremony and unveiled a plaque crediting council.

A second human rights complaint, merged with the library complaint, resulted in the creation of two accessible parking spaces in the rear parking lot of General Amherst High School.

I recently filed another complaint when I encountered difficulty entering a physiotherapy clinic in a building owned by a corporation. Following a September 2013 Human Rights Tribunal of Ontario Hearing, a February 20, 2014 decision was issued against two Respondents: the landord, 1762668 Ontario Inc., owned by Rene and Anne Rota, and the tenant Anna Maria Fiorito Physiotherapy.

The Tribunal ordered both respondents to pay monetary compensation and install an automatic door with a 4 inch diameter push button. Additionally, the landlord was ordered to retain a consultant with expertise in human rights, disability and access who will provide training to Mr. Rota, and any managers, on the landlord’s obligations under the Code with respect to accommodating disability, and the landlord must provide to the applicant by June 1, 2014, a copy of a letter from the consultant verifying that the training is completed.

The adjudicator noted, “It is obvious that the landlord does not appreciate its obligations under the Code with respect to making its facilities accessible to people with disabilities.”

Mr. Rota did not comply with the training requirement by June 1, nor did he respond to my July 21, 2014 letter reminding him of his obligation.

Any discussion regarding the removal of barriers should include the lack of redress for the non-compliance of an HRTO Order without imposing any additional bureaucracy and/or expense to the victim of discrimination.

Commentary by Linda Saxon

MAKING NIAGARA THE ACCESSIBLE DESTINATION OF CHOICE

Comments have been made regarding transforming Amherstburg into a Niagara-on-the-Lake, but the topic of the community’s lack of accessibility has never been mentioned.

Thankfully, more open minds exist; the Niagara Parks recently conducted an audit of all its attractions to ensure inclusion and accessibility for both visitors and staff and even updated the agency’s websites to meet Web Content Accessibility Guidelines. Full story at the Niagara Falls Review.

The poll at the bottom of the article indicates that 57% are limited of places because of lack of accessibility.

If there were no attitudinal barriers, there would be no barriers – Linda Saxon

Brampton mayor to launch full probe of city hall

Brampton’s newly elected mayor Linda Jeffrey will ask former Ontario Auditor General Jim McCarter to review the city’s books and plans to invite the provincial ombudsman, Andre Marin, to investigate the city as soon as Bill 8 gives him the power to do so.

“Both individuals have strong credentials and years of experience that will benefit our city. Just as the Deloitte review of the previous administration highlighted problems that needed correcting, these reviews should help us identify what needs correcting and will help establish the necessary foundation Brampton needs so we can move forward,” said Jeffrey.

Jeffrey announced the accountability moves at her inauguration Monday night, as she formally takes over the office from the scandal-plagued former mayor, Susan Fennell.

Full story at the Toronto Star.

Verdi Club Did Not Meet Elections Ontario’s Accessibility Standards

Commentary by Linda Saxon. The following response to my input regarding barriers at the Verdi Club was received today via email.

November 13, 2014

Dear Ms. Saxon,

Please accept our apologies for the delay in responding to you with respect to your feedback from the June 12, 2014 Provincial General Election and our investigation of it.

Elections Ontario is committed to providing accessible elections for persons with disabilities and is responsible for administering provincial elections in Ontario based on the Election Act as well as the Election Finances Act. Our priority is to serve the citizens of Ontario by overseeing the provincial electoral process, and to make the voting process a positive experience. As a result, we aim to consistently identify opportunities for improvement.

We are sorry to read of the accessibility issues you encountered with the entry door at the Verdi Club in Amherstburg, on Election Day. We apologize for the less than satisfactory experience, as we strive to provide a high level of service to each and every elector, and we appreciate your feedback in this matter.

Elections Ontario’s standard procedure for circumstances such as doors not being automated at a voting location, in accordance with the Accessibility for Ontarians with Disabilities Act (AODA), is to post an Information Assistant at the entrance to assist electors heading to the polling station.

Regrettably, it appears that your polling station did not fully meet our accessibility standards. To prevent such issues from reoccurring in future elections, we are forwarding this letter, along with your feedback, to the provincial Returning Officer responsible for administering the election for your electoral district for her follow-up review. We will also take your feedback into consideration as we review our voting location selection process for future elections.

You also noted that signage at your location was poor and that the colours used did not provide adequate contrast. While we make every effort to develop clear and distinct signage for all voting locations, due to the range of locations used to administer a province-wide election, it is challenging to develop materials that are ideal for every venue across the board. For this reason, we sincerely appreciate your bringing this matter to our attention, especially with respect to how we can make signs more visible and accessible for future elections. Moving forward, we will carefully review our signage to make it as effective as possible for all electors.

In addition to providing Ontarians voting locations for casting their vote on Election Day, it may be of interest to you to know that Elections Ontario also offers several alternative methods for voting in the provincial general election, including voting by mail. For more information on these and other voting options, please feel free to visit our website at: http://www.wemakevotingeasy.ca/en/special-ballots.aspx.

We apologize for the difficulty you experienced at your voting location and we thank you for contacting us to inform us of your concerns. Your feedback is valuable to us as we continually review our voting location selection process and customer service procedures for areas where improvements may be made.

Sincerely,

Ilona Boutros

Procedural By-law Status Unknown

Commentary by Linda Saxon

This was written in response to Anthony Leardi’s comments in his RTT Guest Column November 5, 2014.

I do not believe the issue is the Mayor’s postponement of meetings since the council approved procedural by-law clause provides him with the authority to do so; that is not a loophole.

And yes, ‘everyone still gets a pay cheque’ because of his or her salaried positions, elected or otherwise, regardless of how many meetings were held or cancelled.

As for the lawyer being called, council was free to accept or reject his advice.

Since the clerk did not adhere to the mandatory clause to call a meeting according to both the Municipal Act and the procedural by-law, the issue is why council allowed the non-compliance and what, if any, action it took as a result.

A new procedural by-law was to have been approved back in August but due to a lengthy meeting, there was a motion to defer the report and by-law to September 8, although it was not included on that agenda.

There was no notice to the public regarding the draft Procedural By-law because apparently there is no requirement for notice.

Regardless, I submitted my comprehensive review to members of council on September 7.

On October 7, I requested the status on my procedural by-law submission that no one had responded to.

On October 20, I submitted my review to the clerk, who acknowledged that it would be added to the next scheduled meeting, which I assumed was November 3 as a result of the petition.

The 2008 Procedural By-law has not changed in six years, so why the current council would approve a new one defies logic.

Hopefully, the new council will examine job descriptions, areas of responsibility, codes of conduct and actually be transparent and accountable.