Category Archives: Accessibility

IS IT TIME FOR LOCAL AODA ALLIANCE CHAPTERS?

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Commentary by Linda Saxon
Published in Accessibility News – THE PREMIER ONLINE MAGAZINE FOR DISABILITY ACCESSIBILITY

The AODA Alliance has been a very effective voice for the disability community, raising awareness of barrier removal with provincial leaders, but has it trickled down?

I feel somewhat isolated and frustrated that action taken at the provincial level has little effect on my community – a small southwestern Ontario town that boasts about its history and the need to preserve it.

For over two decades, I appeared before town council, wrote letters to the editor, and campaigned for a more inclusive community. To date, I have had to rely on the human rights complaints system twice to have my rights enforced.

Following the AODA Alliance’s suggestion, I urged candidates to commit to, among other items, a municipal policy that no public funds will ever be used to create or perpetuate barriers against persons with disabilities.

Eight of the twenty-nine candidates responded; only one would support a policy, one would “commit to not place public barriers against persons with disabilities, unless it is for THEIR safety” and one would obtain further details before committing to a policy that would potentially limit the possibilities of the entire population.

In answer to the other accessibility related questions, not one candidate provided any specifics as to how she or he would improve accessibility. Some offered to consult with the Accessibility Advisory Committee or improve accessibility as budget permits.

As for the question to commit to specific plans to ensure fully accessible public transit and taxi services, a couple believed in full accessibility; others felt a taxi service is private enterprise and therefore we must always be careful in how and what we legislate if we are adding costs then the enterprise may not be viable and they simply shut down, thus affecting an even greater percentage of the population.

Another stated that public transportation, accessible or not, should not be a cost born by the town.

I also sought pledges from the candidates that no candidate will agree to attend an All Candidates event to be held in an inaccessible location. Only two of the twenty-nine responded; it has been there for some time, but personal assurances were made to have someone there to open doors for anyone who requires assistance and one will try to facilitate the installation of accessible entrances for the future.

Three candidates were advised their websites had accessibility issues; one made the required changes, one did not respond and one said he was told by the company he purchased the space from that he had no option other than to hire a code developer to revamp his site. Furthermore, the cost was extremely high and out of his price range for the two months that the site would be active, but he apologized.

I am really tired of hearing apologies and half-assed commitments to move forward; I want action taken regarding my right to equal access without having to fight for it or waiting for it to happen.

I would like for regional chapters of the AODA Alliance to be established with the hope that local voices would be just as effective at the local level as David Lepofsky’s is at the provincial level.

Candidate Debates Held At Inaccessible Verdi Club

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As a person with a disability who has had to have my equal rights enforced twice in this community through the provincial complaints system, shame on the Amherstburg Chamber of Commerce and the Verdi Club for holding a debate at the inaccessible Verdi Club when the Libro Centre has automated doors to its entrance, which is a necessity for me.

During this spring’s provincial election campaign, the AODA Alliance sought pledges that no candidate will agree to attend an All Candidates Debate in an inaccessible location. The Alliance reported, “There is simply no excuse for holding an inaccessible All Candidates Debate in Ontario’s 2014 election. The organizers should not have chosen such a location. The candidates should have made sure that the location was accessible before agreeing to take part in the event.”

I am seeking pledges from the local candidates and will post their responses to this blog.

Commentary by Linda Saxon

Location And Name Change of Financial Review Session

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The town’s website states the September 11, 2014 Workshop has been moved from the board room to Council Chambers and it is now called a Special Council Meeting; the agenda, in the usual confusing manner, is posted to an external link.

Public interest in the town’s civic and financial matters has grown to the point where it is ‘standing room only’ at the town hall. Shame on council for not holding such meetings at the Libro Centre where large crowds can easily be accommodated, including providing room for persons with disabilities, and for not advertising this meeting sooner.

Commentary by Linda Saxon

Proposed Procedural By-law Flawed

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The town’s proposed procedural by-law was deferred to September 8 from the August 11 council meeting due to time restrictions, according to Ms. Parker; I could not locate the by-law on the September 8 agenda but there is a link from the town’s website, of course, to an external link. 

In an earlier post, Public Input Not Welcome? I mentioned Phipps’ stated, “There was no notice to the public regarding the draft Procedural By-law. Incidentally, there is no requirement for notice.”

Despite input not being sought, I am submitting my opinion to the current council, not as the Chair of the Essex County Accessibility Advisory Committee, but as a ratepayer and individual with a disability. To summarize my concerns:

  • The document is difficult to navigate; there is no index and the numbering system deviates from the traditional numbering of legislation: sections, subsections, paragraphs, subparagraphs, clauses, subclauses, schedules, appendices or forms.
  • The place of meetings is not listed contrary to the Municipal Act.
  • The proposed definition of committee conflicts with the Accessibility For Ontarians With Disabilities Act 2005
  • “special meeting” is defined, but “meeting” should be since it is titled a By-law to govern the proceedings of Council, the conduct of its members and the calling of meetings.
  • I object to the latter portion of the proposed “Special Meeting” definition: “Special Meeting” means a meeting not scheduled in accordance with the approved calendar/schedule of meetings; and further includes any meeting of Council called prior to the regular session of Council at every regularly scheduled meeting. This is not in keeping with accountability, transparency and notices to the public of meetings.
  • I would question why the town’s procedural by-law would exceed S. 240 (Mayor or Clerk) and include “the CAO may, at any time, summon a special meeting.”
  • Regarding Special In-Camera Council Meetings: the discretionary and mandatory exceptions to public meetings needs to be noted since “may be held” and “shall be held” in camera have disparate meanings and are set out in the Act.
  • Public Notice of Meetings does not state dates and times of notices on the town’s website, just that agendas with attachments will be available on the town’s website; however, one must navigate through a series of links and it is not verified that the available documents, once located, are accessible. There is no reason whatsoever for not posting the agenda on the actual website.
  • Council needs to consider persons with disabilities when setting rules for delegates; for example, insisting that everyone provide the Clerk with written material poses a barrier as defined in Section 2 of the Accessibility For Ontarians With Disabilities Act: “barrier” means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; (“obstacle”).
  • Why is there a need to state the Clerk and/or CAO may refuse or defer the delegation based on the subject matter to be presented? Is this not contrary to open government, transparency and accountability?

Commentary by Linda Saxon

Lack Of Commitment

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Commentary by Linda Saxon

As I mentioned in an earlier post, there have been approximately two dozen correspondence items regarding an accessibility policy question to council and the accessibility advisory committee, but my question remains unanswered.

From January to March, I corresponded with council/councillors/staff; in January Deputy Mayor Sutherland forwarded my concern to the Accessibility Committee for their input. At the February 18 council meeting, my correspondence was received.

In March I requested the item be placed on the council agenda, but I never received confirmation that it was.

From April to June, I corresponded with Councillor Bart DiPasquale, who is the council representative on the Amherstburg Accessibility Advisory Committee (AAAC). note: all grammatical errors are his.

Below are DiPasquale’s responses regarding the AAAC meetings:

April 23 – the next AAAC meeting is April 24 2024 (his typo) at 5pm Town Hall. Brenda Percy I found had responded to you March 4 2014 advising you your email had been referred to another person. It appears at this time no one acted on it.

April 24 – tonight’s AAAC meeting has been cancelled and rescheduled for May 8 2014 Town Hall 5pm.

April 26 – the meeting date has been rescheduled for May 15 2014 5pm town hall.

May 15 – In keeping you informed ,todays meeting has been rescheduled to next Thursday 5pm.Your information will be delivered at that time to the AAAC committee by me.

May 15 – Please be abvised that the meeting scheduled for today has been rescheduled toMay 22 2014 5pm Town Hall. Your matter should be discussed on that date.

May 16 – Please be advised that last night’s meeting was rescheduled to May 22 2014 5pm Town Hall.

May 25 – Please be advised that the meeting scheduled for May 22 2014 will be held on June 26 th 2014 5pm Town Hall  FYI.

There was no June meeting listed in the River Town Times calendar or on the town’s website.

June 30 – I emailed to request an update following the meeting; I learned that DiPasquale was out of the country. Although he has since returned, I have not received a response.

On June 30, I subsequently emailed council that I would still like an answer.

There were a couple of additional emails, including one on July 1 wherein Councillor Carolyn Davies emailed Nicole Rubli, Could you please look into this licensing question attached below from constituent Linda Sexton.

Also on July 1, Deputy Mayor Ron Sutherland emailed CAO Phipps, Mike, will you respond to Mrs. Saxon or direct her concern to the proper person. Phipps replied, Thanks for the note Ron. I will attempt tomorrow to determine the issue and when Nicole returns from vacation next week, we’ll look into the matter. Perhaps you could or Ms. Saxon could send me her earlier emails. Thanks

July 2, Councillor Diane Pouget emailed, Mrs. Linda Saxon is requesting that her question pertaining to “What policies and procedures are in place regarding accessibility for any and all business license approvals in the Town of Amherstburg,” be placed on the agenda.  It is a very straightforward request and I believe it should be dealt with in public session as requested, since Linda’s request for information appeared to be ignored in the past.

July 2, Phipps replied, Deputy Mayor Sutherland has raised this matter as a result of the Saxon email. I understand there has been a response to her, but administration will have all the details for Council next week when Nicole returns from vacation.

July 19, Phipps emailed a summary, prepared by staff, of contact with me, for the record; he ended it by stating that Administration will take no further action on this matter unless it is once again raised at a Council meeting.

I have requested corrections be made, pursuant to the Freedom of Information legislation, as the record contained factual errors and omissions.

After all the attitudinal barriers I’ve encountered, I shouldn’t be surprised that accessibility is not a priority.

Who Does What

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Re: Accountability – it is fast approaching! by Ken Thrasher July 30, 2014 RTT

I’ve been called a naysayer too, and a thorn in the side as well as a critic; my all time favourite is the accusation that some of us were tearing this community down, brick by brick; shame on those who undertake tactics to discourage residents who wish to exercise their democratic freedoms.

Since January of this year, there have been approximately two dozen correspondence items regarding an accessibility policy question to council and the accessibility advisory committee, but my question remains unanswered.

Absent a motion by council, two weeks ago Mr. Phipps emailed a summary to council and me; not only does it contain errors and omissions that need to be corrected, but also he decreed “Administration will take no further action on this matter unless it is once again raised at a Council meeting.”

How many times do I have to request that council and/or the accessibility advisory committee address my concern? Then again, I’ve requested an accessible town website for twelve years and I’m still waiting for that and it was a decade long battle for me to get the library elevator installed.

The roles of council, head of council, and municipal administration are clearly defined in the municipal act so there should be no misinterpretation of who does what.

Council is to represent the public and ensure that administrative policies, practices and procedures are in place to implement the decisions of council; to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; to maintain the financial integrity of the municipality.

As chief executive officer of a municipality, the head of council shall promote public involvement in the municipality’s activities.

Municipal administration is to implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions.

Regarding the hiring of a new CAO, why and how was the panel selected? What are the members’ qualifications? Was there an Information and Privacy Commissioner privacy assessment, considering residents are panel members who will access personal information? Is it a conflict of interest for Phipps to be a member? Did council rescind his notice to leave? Why would council acquiesce to the CAO, who changed his mind and wants to stay?

Unlike Mr. Thrasher, the only Councillor who consistently and professionally responds to my concerns is Councillor Pouget. When others did respond, my inquiries were forwarded to staff. I’m beginning to wonder why we need a council, let alone all the staff.

As for the new council, the electorate needs to ask the candidates specific questions because, for the most part, campaign literature contains limited marketing material.

Linda Saxon
as printed in the River Town Times

Transparency And Accountability

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Two words used ad nauseam by candidates during election campaigns.

The Town of Amherstburg’s website includes a page on council meeting information and it states “Municipal governments in Ontario have to be transparent and accountable. The provincial government has set the rules for Council, local board, or a committee to go into closed meeting. These rules are found in section 239 of the Municipal Act, 2001 (add link to Act).” Not surprisingly, there is no link. There is a link on the same page to a pdf of the 2014 council meeting schedule.

Navigating the town’s website for Agendas

To get to the page mentioned above, click on the Town Hall tab, then Clerks Department on the left sidebar, then Council Meetings, then the Agendas link on the left sidebar; there is a link listed under Council meeting dates that directs you to a completely different meeting calendar. Under each council meeting date, there is a ‘read more‘ link where, presumably, one would find more to read. However, the only additional information on that page is a map – the date and time are listed twice. And, because the map is included in the Visitor tab, you have to go back twice to return to the Agendas section to find the list of 2014 to 2009 Agendas.

If you click on the Link to 2014 Regular Council Meeting Agendas in PDF Format – Laserfiche, you will find three folders and if you click on the regular council folder, you can access this year’s agendas, including two supplementary agendas by Phipps relative to the financial audit: March 24, 2014 and July 14, 2014.

Navigating the town’s website for Minutes

The link in Minutes on the left sidebar of the Clerks Department directs you to:

Play Live Recording of Council Meetings from September 12, 2011 to April 22, 2014, but people who are deaf, deafened or hard of hearing will encounter barriers; besides, it’s July.

The Link to archived Regular and In Camera Council meeting minutes in Laserfiche will direct you to folders from 1998 to 2014. Click on 2014 to find a Regular and Special Council Folder. Click on Regular to find:
2014 01 20 Regular Council Meeting Minutes
2014 02 03 Regular Council Meeting Minutes
2014 02 18 Regular Council Meeting Minutes

The Link to all other Council minutes in Laserfiche repeats the three folders and links above.

Navigating Leamington’s Website

From the home page, click on the municipal services tab; there is one link on the left sidebar to Agendas, Meetings and Minutes where you can view the current Council Agenda, right on the page in HTML format Including links to reports from staff.

You also have the option of selecting any date back to January of this year to download the agenda and the minutes from that page; upcoming meetings direct you to a map and an option to add to Outlook.

Improvements Still Needed For Amherstburg’s Website

Since September 2002, I have appeared before town council, the town’s Accessibility Advisory Committee, sent emails to the town’s IT Department/staff and have written letters to the editor regarding the need for an accessible website. Dave Carpenter, Manager of Information Technology, assured me twice that a new website was being launched and would comply with web accessibility standards and informed council the site was standard compliant in July 2007. I provided site check results indicating the site failed minimum standards: one in June 2008 and another in January 2009 after the launch of the newly designed site.

CAO Pamela Malott advised me in June 2008, “We will post our Amherstburg Accessibility Advisory Committee Minutes and Agendas in text format as well as PDF format on a go forward basis.” Not surprisingly, this was not done. (There’s only one folder with minutes from January 2014 anyway). Additionally, it is an attitudinal barrier to assume that persons with disabilities are only interested in accessibility.

The Towns of Essex and Leamington launched new websites last year and the County of Essex and the Town of LaSalle are currently redesigning their sites. What is Amherstburg doing about its website? Is it still not a priority? Can the town not afford it?

Lack of accessibility aside, transparency and accountability is not possible if documents are buried in a stack of links and are not updated.

Commentary by Linda Saxon

Who’s Beating A Dead Horse?

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Council will once again consider the horse and carriage in the Navy Yard Park issue at its June 23 meeting. The agenda can be found on an external link, despite my requesting it be placed elsewhere and in another format.

In his May 20, 2014 report to council, shamefully, Dean Collver, Director of Community Services states, “Administration is recommending that horse and carriage vendors, licensed to operate as a business in the Town of Amherstburg, be permitted to enter KNYP for the purpose of special occasions tied to the park’s gazebo facility.”

Collver provides a background, although accessibility issues are blatantly missing. I raised the issue of accessibility in this letter, which makes me wonder if, once again, my concerns were ignored. I also emailed everyone on council, “I’m writing to express my disappointment with council’s actions regarding this matter, with the exception of Councillor Pouget. It is unfathomable that the parks department widened sidewalks to accommodate a business that was in violation with the town, yet I endured a ten year battle with the town to obtain equal access to the library, which, ironically, the town takes credit for in its annual accessibility plan as an accomplishment.”

Collver lists others consulted, which did not include a public hearing for public input regarding an exemption to a town by-law nor did it include members of the Amherstburg Accessibility Advisory Committee. I let the Committee know last fall that the horses and buggy request for by-law exemption is an example of a by-law that could have been included in the plan and should have been addressed by the committee. I never received a response.

In the council approved Amherstburg multi-year accessibility plan, Mayor Hurst states, in part, “Council and Administration, along with our Amherstburg Accessibility Advisory Committee are working together to identify, remove and prevent barriers.”

So the question is: does council intend to accept administration’s recommendation, contradict this statement and defy legislation? As I have previously mentioned, both business owners and the town are subject to the Ontario Human Rights Code, the Ontarians with Disabilities Act 2001 and the Accessibility for Ontarians with Disabilities Act 2005.

Commentary by Linda Saxon