Category Archives: Accountability

Libro Walking Trail Not Celebrated On June 10

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I sent the following email to CAO Critchley and members of council on June 15.

i’m writing to request an explanation for the town not celebrating all 3 Libro Centre amenities on June 10. the town referred to celebrating all 3 and instead celebrated 2. am800 reported, in part, “The Town of Amherstburg is getting ready for a day of celebration. It will take place on June 10 at the Libro Centre to mark the official opening of its three new outdoor amenities. Councillor Don McArthur says the town is celebrating its new Skate Park, Bike Trail and Nature Trail. He says the Skate Park and Nature Trail are already up and running with the Bike Trail opening closer to the celebration. McArthur says he was on the three-kilometre nature trail on Monday. I took my dogs for a walk and I’ll tell you, there’s always people walking on that trail with their dogs, with their families, it has a beautiful view of Big Creek,” says McArthur. “It really is stunning.”

CAO Critchley’s answer, received today is: This was an operational decision and the Libro Trail project will be celebrated in the future.

Mickle Park Playground – How Useable?

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Below is an email to Councillor Pouget and Councillor McArthur on June 12 in advance of the council meeting.

After watching the June 5 Amherstburg Accessibility Advisory Committee Meeting, and reading some of the documents, I have some concerns regarding the recommendation to ENDORSE the playground design proposed for Warren Mickle Park’s playground redevelopment.

I’m writing to both of you because Councillor McArthur is council’s rep on the AAAC and Councillor Pouget consistently represents the interests of people with disabilities.

Ms. Heidi Baillargeon advised the AAAC an RFP resulted in three proposals that went through a Review and Scoring committee, and this was the design that was selected for installation at Warren Mickle Park. Ms. Baillargeon also advised the AAAC that it is partly a ramp structure, there are a number of accessible components, and that ‘a wheelchair can only go up to the first deck.’ It is preferable to use person first or identity first language and not refer to the assistive device alone.

How did a Review and Scoring committee approve this proposal?

What Makes a Playground Inaccessible? (aoda.ca)

  • Multilevel platforms
  • Stairs
  • Narrow walkways
  • Monkey bars
  • Bucket swings
  • Swings
  • Slides (plastic or metal)

Would someone please explain how the proposed Warren Mickle Park will be AODA compliant and inclusive if children with disabilities can’t access or use all the equipment? 

From the Parks Master Plan 2018, “It is essential that parks are inclusive and barrier-free, as guided by the Accessibility for Ontarians with Disabilities Act (AODA). To ensure that the parks system is able to serve people from all segments of the community, accessible seating, washrooms, shade (structures and trees), parking, connections to key destinations and safety must be prominent considerations.”

While Ms. Baillargeon mentioned the CSA Z614:20, a safety standard, there was very little discussion regarding the AODA, Regulations, inclusive playground guidelines and mandatory public consultation.

The Integrated Accessibility Standards Regulation of the AODA mandates public consultation as follows:

“When constructing new or redeveloping existing outdoor play spaces, obligated organizations shall consult on the needs of children and caregivers with various disabilities” and shall do so in the following manner: 

1. designated public sector organizations and large organizations must consult with the public and persons with disabilities. (emphasis added).

2. Municipalities must also consult with their municipal accessibility advisory committees, where one has been established in accordance with subsection 29 (1) or (2) of the Act. 

Outdoor play spaces, accessibility in design 

80.20 When constructing new or redeveloping existing play spaces that they intend to maintain,obligated organizations shall,

(a) incorporate accessibility features, such as sensory and active play components, for children and caregivers with various disabilities into the design of outdoor play spaces; and

(b) ensure that outdoor play spaces have a ground surface that is firm, stable and has impact attenuating properties for injury prevention and sufficient clearance to provide children and caregivers with various disabilities the ability to move through, in and around the outdoor play space. O. Reg. 413/12, s. 6.

There was also no discussion regarding the 2021 survey that no children under the age of 18 participated in. 

Will the four benches be accessible? Will the bike racks be accessible? Will there be any braille elements? Will accessible washrooms be installed? Will accessible parking spaces be available? Will accessible signage and wayfinding be installed? The concept plan 2021 included a picnic area and in answer to the question, What park amenities would you like to see at Warren Mickle Park, 50 (74.6%) said picnic table: will accessible picnic tables be installed?

Also of concern is an AAAC member’s comments regarding the slide: he could only see one problem with it – that is you put it in this park and people find out about it, they’re gonna want it in all the other parks and that means retrofitting. Then the member asked about the cost for that.

In is my understanding that AAAC members identify barriers and ‘provide advice and recommendations to Council on accessibility issues within our community’ and council makes budgetary decisions for what accessible projects it prioritizes.

Hear Delegate Request Discussion June 12, 2023 Council Meeting

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Listen to part of the audio regarding delegates’ request to be delegates at the June 12 meeting, as mentioned in the post about Deputy Mayor Gibb’s comments,

Unofficial transcript:

June 12, 2023 Delegations Discussion

Mayor Michael Prue  We’ll pass that and then we’ll go back if necessary. All those in favor? That’s carried. Anybody want to hold any of those for amendment, change? Okay. I now have delegations, oh, Councillor Pouget.

Councillor Diane Pouget  And, but I just had some concerns that we’re still just approving minutes from the January 23 meeting and January 30 meeting. I understand that we were short staffed at one time and now that we have our full complement, I’m prepared under new business to make a motion to make sure that it’s more that we’re receiving the minutes more timely.

Mayor Michael Prue  Okay, we are now full staffed and this is four minutes in one meeting so I think they’re catching up as fast as they can. But thank you, thank you for the note. Delegations. Madam CAO, there was there’s we don’t have any listed but I understand that there was a request. The clerk, uh Mr. Clerk on zoom there, can you inform council?

Clerk Thank you your worship. Yep, the town did receive a number of requests for delegations in advance of this meeting. Some have been deferred off until the next meeting as they were incomplete or had missed the timeline. And at present, they are scheduled to be reviewed for placement at our next council meeting.

Mayor Michael Prue  All right. Then there, I guess. I see a couple of hands are Councillor MacArthur first.

Councillor Donald McArthur I know that I received a note earlier today from somebody who wanted to speak on the pickleball issue. I’m not sure if they’re in the audience tonight. And I had informed them that sometimes counsel waives the rules. So we just we just need to know if anybody, I want to hear from pickleball players if they’re here tonight.

Mayor Michael Prue Councillor Pouget.

Councillor Diane Pouget Thank you and Nancy Atkinson had requested to speak and she’s here tonight and I understand she wants to speak to also.

Mayor Michael Prue Okay, all right. And again, I’ve heard those two but before we deal with them, I understand that the clerk who was on Zoom tonight had had something he wishes to inform council about.

Clerk Certainly, so, yeah, in terms of Ms. Atkinson’s delegation requests. So we have received an initial request, was not complete. And then more fulsome submission was provided although it still lacks considerable detail. So we did provide that that would be held in advance and could come forward from the next meeting should sufficient detail be provided. So certainly, that is still in the works and is still working its way through the procedural bylaw in accordance with councils direction.

Mayor Michael Prue  All right. So now I Councillor Courtney.

Peter Courtney Through you to the clerk. Yes, I too have spoken with Mrs. Atkinson. She told me the back and forth that was required. I guess my question to you is how descriptive; are we looking? Are we looking for a template that says, Hi, my name is so and so, and they got to read exactly verbatim. What? Because we can all read that on the agenda. But again, I’m confused on what protocols and procedures to be a delegate but to me the way it was explained and again I’m not taking any sides here. It seemed pretty robust and stringent on expectation. So for instance, I could submit something a one paragraph say this is what I want to say to council. And that’s all I want to present. And then they get to the lectern and they can pretty well add lib or go off of questions and answers and all those other things and really speak about anything they want. And there’s not really too much we can do. So I guess in regards to the scrutinizing or screening of delegations, what realistically is needed by law to allow our residents to speak freely in our democratic society? That’s all.

Clerk yeah. Certainly the you know, our office does take that seriously as civic participation is, you know, sort of what we do. The original submission itself did not even include the subject matter for which the delegate wished to present. That was provided, but of course that was provided after the agenda had been created. And was outside of the timeline. So certainly, any submission should at least speak to what it is that the member wishes to discuss. And usually it would include some sort of proposal or action item for council on that matter, so

Peter Courtney I can, I can appreciate that. So if she was trying to be a delegate, and she sent the information off, but you knew the intention was to be a delegate for this. Could we not assume is it appropriate content for this council to hear tonight, since this was the desire of the resident, now that you have it even if it’s after the protocol, because we waive the rules, we’re going to waive it for pickleball and this person tried to actually follow the process and procedures.

Mayor Michael Prue It’s at the discretion of Council and we haven’t waived, we haven’t I’m going to deal with both of them, one after the other. Okay. So if Council wishes to waive the requirements, the clerk is telling you what the requirements are and that they were not met but Council can waive them and so I’m going to deal first of all, with a request of Councillor MacArthur, to waive the requirements to hear deputants on Pickleball is that your motion? Is there a seconder to that? Councillor Crain? Is there any discussion on that? All those in favour? That’s carried. We’ll now hear the residents, any of you who wish to speak on the pickleball issue?

Hear Deputy Mayor Gibb On Dalhousie Street No Parking Sign

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Nancy Atkinson requested delegate status at the June 12 town council meeting, although she was not listed on the agenda. However, she was allowed to speak once council waived the rules, as it had already done for a pickle ball rep.

Ms. Atkinson, representing the Amherstburg Residents Forum mentioned three concerns, Deputy Mayor Gibb responded regarding the new no parking sign on Dalhousie Street.

Listen to part of the audio from the June 12, 2023 town council meeting.

Unofficial transcript:

Deputy Mayor Chris Gibb  Thank you worship. I’m going to be angry at myself if I don’t say this. So later on I’m I’m as the deputant said, I can look in the mirror. I have a lot less faith in the fact that people are trying to suggest this is a parking issue. And I want council to know, I suspect this has everything to do with a hotel that was recently approved, and that’s why people want to get rid of that parking spot, or they want to make it physically impossible. I listened to you when you spoke.

Mayor Michael Prue  Please, please, please. 

Deputy Mayor Chris Gibb  There’s your deputant. 

Mayor Michael Prue  Okay, no, no, please, please.

Deputy Mayor Chris Gibb  I just want council to know that’s what I suspect this is all about. And council needs to know that before they ask for more staff time on a report for later on.

Mayor Michael Prue  No, no, no, I’m not. No, I’m sorry. I’m not. No, you made your deputation. This is now the prerogative of Council. We have a motion on the floor. After after the motion was put on the floor. I can’t I can’t allow that. It belongs it belongs to council. Okay. Councillor Allaire.

Comparing Amherstburg To Other Municipalities: Inclusive Communities Grants

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The Town of Amherstburg applied for, and received $60,000. from the provincial Inclusive Communities Grants Program that helps communities become more inclusive and accessible for people of all ages and abilities.

Ontario.ca:

“The Inclusive Community Grants Program helps ensure local governments and community organizations consider Ontarians of all ages and abilities at every stage of community planning and development. Inclusive communities respond to both the opportunities and challenges of an aging population by:

  • creating physical and social environments that support independent and active living
  • enabling older adults and people with disabilities to continue contributing to all aspects of community life

Ontario’s Inclusive Community Grants Program supports community projects that:

  • benefit local communities
  • promote accessibility, safety and active living for people of all ages and abilities
  • meet the needs of seniors and people with disabilities.”

In a report to council, then-Clerk Paula Parker stated, the primary purpose of this initiative is to help Amherstburg to become an age-friendly community by ensuring that the needs of the residents of all ages and abilities are considered in every stage of community planning and development. The Town will engage a consultant to complete a Needs Assessment and Action Plan which will involve obtaining direct input from those most affected, seniors 55+, older adults 65+ and persons with disabilities and disenfranchised populations in the immediate region, community stakeholders, including municipal officials, local businesses, and providers in the recreational and health sectors.

At the Regular Council Meeting Monday, April 12, 2021, Councillor McArthur congratulated town staff for getting up to $60,000 from the province to be spent on seniors’ initiatives and asked what are we going to spend the money on?

Then-CAO Miceli explained we are going to be spending money basically developing a Seniors Master Plan showing the services and the needs of seniors in our community, a more inclusive and welcoming community for our seniors. The work plan will develop a significant amount of public consultation with our seniors groups, throughout various locations in Amherstburg. At the end of it all we’re going to have a plan that’s going to be a guiding document for council on what our seniors would like to see in our community of Amherstburg.

McArthur said we’ve been after this seniors master plan for a while and asked what the timelines was. Miceli said the timeframe to complete the project would be spring 2022. 

A committee was formed, a consultant was hired and the Inclusive Community Program (ICP) Final Report and the 2022 03 23 ICP Needs Assessment and Action Plan were presented to council on March 28, 2022. At the same meeting, it was recommended that: The Seniors Advisory Committee composition BE REDUCED by one lay member.

OTHER MUNICIPALITIES USED THE GRANT for a variety of projects, including accessible kayak launch, beach access mats, inclusive picnic tables, accessible pathway,  several accessible washrooms, upgrade accessible trails to meet AODA standards, making outdoor spaces and public buildings more accessible, accessible charging stations in local parks, accessible (CNIB) approved signage and resting benches,

Read the full listing: A total of 55 projects received an Inclusive Community Grant.

Amherstburg An Inclusive Community? Says Who?

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I think different people have different definitions of what an ‘inclusive community’ is. How does a crosswalk, sponsored by a family, reinforce what an inclusive community is all about any more than raising a flag? Might these gestures be seen as minimal efforts?

Mayor Prue broke the tie vote in favour of Open Air, despite objections that it created barriers that excluded people with disabilities. Councillor Crain stated yes, he would remove Open Air barriers and then voted in favour of it. How does that make #Amherstburg an inclusive community?

CTV News Windsor reports Amherstburg reveals first-ever rainbow crosswalk representing inclusivity and included the following quotes:

‘WE ARE AN INCLUSIVE COMMUNITY. GET USED TO IT’

“It helps to reinforce what an inclusive community is all about,” said Amherstburg Mayor Michael Prue. “I’m very proud of this town and foresight and the inclusivity that people have shown.”

‘INCLUSIVITY AND ACCEPTANCE’

On Twitter, Amherstburg Coun. Linden Crain also voiced his support for the new crosswalk.

“Amherstburg has taken a colourful step forward towards inclusivity & acceptance. We are thrilled to announce the installation of the town’s first-ever rainbow crosswalk! A huge thank you to the Goggin Family for making this happen. Happy #PrideMonth!”

Comparing Amherstburg To Other Municipalities: Ontario Land Tribunal Cases

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Amherstburg currently has six cases listed at the OLT website:

  • Consent – Proposing to sever a new lot 69 North Street
  • Extension of the ICBL development of Howard Industrial Park District 7809 Howard
  • ZBA – six-storey, 28-unit condominium 639 Front Road N
  • Minor Variance – Construction of a Single Detached Dwelling 490 Dalhousie
  • Seminary of Sacred Knowledge, student residence 6101 County Road 20 W
  • ZBA – Dog breeding and boarding facility 6136 Concession Road N

Other local municipalities’ cases at the OLT:

Essex 0
Kingsville 0
Lakeshore 0
LaSalle 0
Leamington 0

    Strong Leadership Needed

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    As published in the RTT in response to May 31 Flag Raising article.

    The week that initially was National Access Awareness Week in 1988 became National AccessAbility Week in 2017, not Accessibility as stated in the article.

    Deputy Mayor Gibb is quoted as saying, “it is also an opportunity to reflect on ongoing efforts to become a better, more accessible and more inclusive Canada.”

    I reflected and concluded that a flag raising might be seen as tokenism. 

    The J. S. HELD 2021 facilities condition assessment of the town hall noted, “The building is non AODA compliant” and “the cost to convert the town hall to AODA compliant is $291,117.78.” If, as Deputy Mayor Gibb stated, “we strive to improve our infrastructure and services,” why has an AODA compliant town hall not been a priority? The $165,000 dog park and the $170,000 Libro Trail over expenditure would have paid for an AODA compliant town hall.

    Mayor Prue noted the Gordon House was not accessible and campaigned to ensure all town buildings are accessible to facilitate an open and inclusive municipality. Last month, Mayor Prue referenced the AODA and said in this town, we have not brought it into force. Why not?

    What about the narrow, uneven sidewalks with trees growing out of them and all kinds of obstacles Deputy Mayor Gibb mentioned during budget deliberations? 

    As this week ends it’s ironic that Open Air and its barriers begin, despite any denial. People with disabilities may be excluded, physically and socially, from equally participating in the community, a preventable barrier. While there will be those who claim the 16 weekends of closed streets increase accessibility for people using wheelchairs, such positive attributes overshadow the need to commit to fixing sidewalks for year-round use and eliminating barriers.

    Inclusive communities welcome ALL marginalized communities, not just some and only during festivals.

    We need strong leaders to commit to the identification, prevention, and removal of barriers. When that is accomplished, and all barriers in Amherstburg are removed then there will be cause for celebration, but not until then. 

    Persons With Disabilities Enter At Back Or Front Of Town Hall?

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    The Government of Canada says National AccessAbility Week in Canada is here! How are you marking this important week? Share a photo or a video! #NAAW2023, #frompossibilitiestopractice, #AccessibleCanada. 

    On March 22, I posted this photo and asked, what marginalized community would like to encounter this sign? Does it indicate an attitude?

    international wheelchair access symbol sign at front entrance to Amherstburg Town Hall.

    On May 30, I noticed this new sign at the Amherstburg town hall:

    So what was the back is still the back, and the new sign at the front advertises the main entrance is at the back and no one knows where the accessible entrance is?