Category Archives: Accountability

Open Air Approved/Not Approved

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Open Air was approved during budget, according to Deputy Mayor Gibb, but Councillor Pouget stated it was not approved. Where’s the motion?

On March 26, the day after the March 25 council meeting discussion of Open Air, I requested the information below from CAO Critchley, who answered on Saturday during the long weekend, noted in blue after each request.

  1. council’s motion to approve Open Air for 2024. 
    All motions were referenced in the report that went to Council on March 25, 2024, a copy of which can be found on the Town website.
  2. the cost of open air for 2023. 
    This information is contained in the presentation  made by the Director of Development/Deputy CAO at the Council Meeting of March 25, 2024, which presentation will be attached to the Minutes of this meeting. The Minutes of the meeting will be available on the website once approved by Council.
  3. what undue hardship the town would endure if open air ended. 
    As the words used in this question have a particular meaning in law, I will refrain from answering it in this venue.
  4. any documentation that administration included the exclusion of people with disabilities as a risk in an open air risk analysis. 
    The footprint for Open Air was reviewed by the Accessibility Advisory Committee in December 2023. The minutes of that meeting are also available on the website.

    I emailed back: Question 3 does have meaning in law but that shouldn’t prevent you from answering it; you didn’t answer question 4 which should be yes or no and if yes, include documentation. I didn’t ask about the accessibility committee that, as everyone should be aware, cannot speak on behalf of council or administration. I specifically asked about administration.

Don’t Like The Rules? Object!

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The Heritage Committee has drafted a council resolution, something that I would have thought was outside the committee’s mandate. It seems ironic that residents are expected to comply with the rules, including the more restrictive Procedural By-law, but provincial rules are sometimes met with objections from the town.

April 10, 2024 Council Agenda iincludes: 17.1 Heritage Committee Meeting Minutes – March 21, 2024

  • The Heritage Committee recommends that:
  • The following Council Resolution BE ADOPTED and BE CIRCULATED as appropriate:

WHEREAS Subsection 27(16) of the Ontario Heritage Act stipulates that any non-designated heritage property listed on the municipal register of properties as of December 31, 2022 shall be removed from the municipal register on or before January 1, 2025, if the Council of the municipality does not give a notice of intention to designate the property under subsection 29(1) of the Ontario Heritage Act on or before January 1, 2025.

WHEREAS Since January 1, 2023, municipal staff and members of the municipal heritage committee in this municipality have been diligently working to: review the municipal heritage register; research the heritage value and interest of listed (non-designated) properties; review and research the heritage value and interest of non-designated properties; contact owners of such properties; determine which properties should potentially be designated in accordance with the provision of Section 29 of the Ontario Heritage Act; and take all required steps to designate such properties; and

WHEREAS the above-noted work involving 125 listed properties in this municipality is extremely time consuming and cannot be completed by December 31, 2024 with the limited municipal resources available.

NOW THEREFORE BE IT RESOLVED THAT:

This Council authorize Administration to send a letter to Doug Ford, Premier of Ontario, and Michael Ford, Minister of Citizenship and Multiculturalism, requesting that Subsection 27(16) of the Ontario Heritage Act be amended to extend the above-noted deadline for five years from January 1, 2025 to January 1, 2030.

The Town of Amherstburg already requested two extension requests for the legislated website accessibility compliance deadline.

Listen To The Music

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Bethany D’Alimonte, Musicland owner, delegated at the March 25 council meeting in favour of Open Air. Listen to the audio at the end of this post.

Councillor Pouget was the first to thank D’Alimonte and asked if she was representing the entire core area downtown or just a specific group; D’Alimonte said she was representing all businesses. Pouget asked if she got permission from all the businesses including the hairdressing shops and the barber shops. D’Alimonte said she talked to pretty much everyone downtown and they’re not against Open Air; they’re against the people who are overbearing it.

When Pouget asked what she meant by ‘overbearing, D’Alimonte answered that they are against the people who are trying to come at them saying that they are against open air; that they’re not against open air and words have been twisted.

Pouget relayed that last year there were a large number of businesses that did not feel 14 weeks was a good compromise, that it was going to hurt their businesses and they left in tears.

Councillor Donald McArthur then thanked D’Alimonte and mentioned in the old days if you needed equipment in a pinch to play music you had to go all the way to Windsor; now they can go to downtown Amherstburg; he thinks it’s fantastic. He asked about summer plans, D’Alimonte’s garage door, and if it was her intention to play music and fill the streets with the beautiful music.

D’Alimonte said plans for the summer were to incorporate what they did last year; they added to open air by having live music off their front stage; she mentioned plans to host an open mic night and this year do it from their stage as well as one weekend near the town clock and stage.

Councillor Courtney also thanked D’Alimonte and asked about the spike in revenues she said she noticed. D’Alimonte repeated the 151.9%. Courtney asked if she attributed that strictly to the open air, the closing of the streets for generating that profit? D’Alimonte said she did.

D’Alimonte agreed with Courtney that she was fortunate to be in the footprint of open air and very grateful for the opportunity.

Listen to the audio.

Open Air Questions Linger A Year Later – Undue Hardship?

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Last spring, following my delegation to council regarding Open Air, I emailed members of council.

2023

request: a description of the undue hardship the town would endure if all the Open Air barriers were to be removed so everyone could equally participate in the community, on and in publicly owned public spaces, as i explained on Monday, March 13, 2023.

two weeks later: it’s now been two weeks since i asked the question below which hasn’t been answered. if no elected official can provide a description of the undue hardship, maybe someone could find the answer from administration? or if members of administration are receiving emails to council, one could answer? I expect someone would know the answer and await it.

Councillor Pouget answered: I do not know the answer to your question.  Do I have your permission to forward your email to administration for their review and response?

2024

Followup subsequent to my delegation to council regarding Open Air Monday night, I emailed Councillor Pouget: did you ever get an answer to my question that i asked on march 15, 2023? 

march 15, 2023: i’m writing to request a description of the undue hardship the town would endure if all the Open Air barriers were to be removed so everyone could equally participate in the community, on and in publicly owned public spaces, as i explained on Monday, March 13, 2023.

Councillor Pouget answered: Sorry, I did not receive a response.

Email request to CAO Critchley, cc to council:

  1. council’s motion to approve Open Air for 2024.
  2. the cost of open air for 2023.
  3. what undue hardship the town would endure if open air ended.
  4. any documentation that administration included the exclusion of people with disabilities as a risk in an open air risk analysis.

Councillor Pouget answered:

  1. To my knowledge, there was no motion to approve Open Air in 2024.
  2. There is no official cost for Open Air in 2023 because it did not include the cost of our Public Works employees.
  3. I personally don’t believe there would be any undue hardship for the Town if open air ended.
  4. Council has never received any documentation to include the exclusion of people as a risk in an open air risk analysis.

Will Street Signs Meant To Honour Veterans Be Readable?

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There were the typical kudos to admin for getting the job done so quickly, to Deputy Mayor Gibb for raising the issue before he was elected, and to the Legion for their ‘sense of community.’

How appropriate is it to honour veterans but not ensure signs are large enough for them or other people with vision disabilities to read? 

I emailed members of council in advance of the February 12 meeting and stated there is no mention in the report of accessible sign design or design standards. I urged members to consider the fact that Highway Gothic typeface is mainly used throughout Canada and Ontario, including on provincial highways and in cities including Windsor; it makes reading signs easier.

Mayor Prue did ask council to consider making the signs larger and mentioned that it didn’t cost any more money, but he could have made the motion himself especially since he passed the gavel.

Amid the claims that we are an inclusive community, possibly striving to become a designated ‘age friendly’ community, it was deplorable to hear a question about the cost of bigger signs and an answer that there is an assumption there will be some additional costs. Given the budget approval, how does anyone justify limiting funds for this expenditure? Besides, if the signs will slowly be replaced council could have directed administration to bring back a report on the cost with actual figures for larger and more readable signs. 

When the town applied for a $100,000. grant for wayfinding signs, one of the project priorities it listed was ‘accessible, diverse, equitable and inclusive: The sign design will take into consideration AODA requirements, MTO roadway recommendations and eligibility standards.’ Did the town create a wayfinding plan? Consult the Ontario Traffic Manual? Consult the CNIB?

Why were those priorities not incorporated for the poppy street sign designs? I have asked that the town’s procurement policy be updated to include more than the consideration of AODA training. The AODA Integrated Accessibility Standard Regulation states designated public sector organizations shall incorporate accessibility design, criteria and features when procuring or acquiring goods, services or facilities. 

Council needs to make a stronger and more consistent commitment to removing barriers in our community. Still, council’s motion will result in a celebration that will be a great photo op and a reminder to pay tribute to veterans even if the signs are too small for some to read. 

ABLEISM

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Ableism is a view or attitude that treats people without disabilities as “normal” and those with disabilities as “abnormal,” “inferior,” or “other.” Ableism can be both intentional and unintentional.

Intentional ableism might involve things like:

  • bullying and ridicule (such as the use of slurs or insults)
  • using a person’s disability to take advantage or cause harm (such as by putting items in inaccessible places)
  • treating a person with a disability as if they are incapable or unintelligent

Unintentional ableism can be just as harmful. It might involve things like:

  • creating documents or other materials that look nice but are inaccessible to persons with seeing disabilities
  • planning events where some persons with disabilities cannot participate comfortably or safely
  • using words or phrases without thinking about how they can affect persons with disabilities

When you consult persons with disabilities, consider how both intentional and unintentional ableism may be involved in your ideas, plans, and actions. Keep this in mind throughout all of your efforts to identify, remove, and prevent barriers.

learn more.

Request For Routine Disclosure Policy Now Four Years Old

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It’s been four years since I requested council create a protocol for requests for information and former CAO Miceli advised that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy.

In April 2021, I repeated my request and former clerk Paula Parker advised a draft policy was in progress.

January 2022, I asked interim CAO Tony Haddad about the status of the Routine Disclosure and Active Dissemination Policy that former CAO Miceli advised the town was in the process of creating in February 2020. I received no answer.

July 2022 I reminded Critchley and council that council has disregarded my repeated requests for a Routine Disclosure policy,

In April 2022, I reminded council that it was over two years.

In January 2023, I requested that status of the routine disclosure policy and in February CAO Critchley advised the town continues to investigate a number of policies but has not adopted a specific policy.

In June, 2023, council carried Councillor Pouget’s motion to direct administration to bring back a report regarding the policy following Nancy Atkinson’s delegation on behalf of the Amherstburg Residents Forum.

December 2023, I emailed council requesting the status of, and report on, the routine disclosure policy and Critchley advised they continue to work on the Routine Disclosure issue and expect it will move forward in the new year.

A Year Later, No Town Policy Re Routine Requests For Information

Amherstburg Needs Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Councillor Prue Supports Routine Disclosure Policy

Request For Routine Disclosure Policy Now Two Years Old

No New Town Hall Yet

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One of then-candidate Michael Prue’s 2022 campaign website priorities was, ‘Ensure all town buildings are accessible to facilitate an open and inclusive municipality.’

The JS Held Facility Condition Assessment Report stated, The building is non AODA compliant for, it is not possible to convert this building to make accessible due to the general construction of the building. This building was designed as a multilevel building with provision for accessibility in mind. Council considered the report in 2023 that also stated ‘the cost to convert the town hall to AODA compliant is $291,117.78.’

Dog Park = $165,000.
Libro Trail Over expenditure = $170,000
Total spent on two projects = $335,000.

Pickleball courts $450,000.

In the meantime, all goods and services provided to the public at Town Hall are able to be accommodated based upon the current design.’

CAO CRITCHLEY

According to Councillor Allaire, CAO Critchley advised her:

“The Corporation of the Town of Amherstburg is committed to fulfilling the requirements set out in the Accessibility for Ontarians with Disabilities Act, 2005, and all regulations under that Act which require the Town of Amherstburg to establish policies, procedures and practices governing the provision of its goods and services to persons with disabilities.

To meet the goal of a fully accessible Town of Amherstburg on or before January 1, 2025, the establishment, implementation, maintenance and documentation of a Multi-Year Accessibility Plan outlines the Town of Amherstburg’s strategy to prevent and remove barriers.”

It should be further noted that the AODA requires that all newly built or significantly renovated structures from the date of adoption (2005) must comply with the Accessibility for Ontarians with Disabilities Act and Ontario Building Code requirements. Buildings which were constructed prior to that date are not required to conform to those standards when determining whether the Town is in compliance with the standards.

That said, the Town of Amherstburg has adopted the Facility Accessibility Design Standards (FADS) of the City of Windsor, which are utilized to provide guidance on projects that involve the redevelopment of, or construction of, new facilities, with higher than legislated standards for the built environment. The Town has also recently embarked on a Facility Condition Needs Assessment Study and will be completing a Space Needs Analysis, with the findings to be presented to Council on what should be done with aging facilities. 

Should a recommendation involve the significant renovation of, or construction of, a new Town Hall building, then the building would be required to comply with the AODA, and the design would also entail suggested areas of improvement based upon the Facility Accessibility Design Guidelines for Council’s consideration.