An FOI Request For This?!

Absurd. Why did this information require an FOI request? Especially when two of the three documents are publicly available policies on the town’s website? And other municipalities live stream their workshop meetings?

CAO Critchley advised council members received training in accessibility on November 29, 2022; the Council Workshop Agenda did not mention Accessibility training.

Following this post, What Accessibility Training Did Council Receive? File An FOI Request, I submitted an FOI request and today received full disclosure of the following three documents:

Windsor Police Comments – 256 Dalhousie ZBA Update

As mentioned in this post, Barry Horrobin, Windsor Police Service, was notified of the April 11 meeting on March 15, 2023 at 3:06 PM, was requested to provide any comments by March 22 and emailed his comments on March 17, 2023 at 9:32 AM. Read the emails.

I requested a copy of the Windsor Police report by Barry Horrobin that formed the basis for his comments. Horrobin previously provided two reports following site assessments based on principles of Crime Prevention Through Environmental Design:

I requested all notes, measurements, photos and documents that Barry Horrobin relied on and referenced as the basis for his March 17 comments.

On May 25, Windsor Police FOI Coordinator advised, “Responsive records were located, however, the disclosure of the records may affect the economic interests of a third party. The third party whose interests may be affected is being given the opportunity to make representations about the release of the record. A decision on whether or not the record will be disclosed will be made by June 27 2023 in accordance with section 27 of the Act.

We may just have to undergo another Appeal.

AODA Alliance Call to Email MPs RE Bill C-22 (the Canada Disability Benefit Act)

The AODA Alliance issues a call to email as many MPs as possible and an example of what to say is included as a starring point to let MPs know why this matters to you:

Please vote to ratify the amendments to Bill C-22 (the Canada Disability Benefit Act) that the Senate passed. Hundreds of thousands of people with disabilities living in poverty need the Bill C-22 to be passed right now. The Senate’s amendments read the post, May 19, 2023 AODA Alliance Update.

Essex MP Chris.Lewis@parl.gc.ca

Post Review May 23 Zoning By-Law Amendment – Hotel

Warning: long post but shorter than the 3 hour portion of the meeting.

Not surprisingly, in a 4 – 3 vote, the Zoning By-Law Amendment Application was approved for 256 Dalhousie Street, making the Peddies’ plan to build a hotel possible. On April 1, the River Bookshop website mentioned, “We are creating an upscale boutique hotel in downtown Amherstburg with a beautiful ‘Industrial Victorian’ design and a scale that respects Amherstburg’s heritage. It was approved unanimously by the town’s Heritage Committee.” There was a plea for help to email members of council and Dr. Aspila, Manager of Planning.

Deputy Mayor Gibb stated it was suggested to him by a resident that he should be declaring a conflict on item number 13.8 as his insurance brokerage provides insurance services for some of the individual unit owners at 252 Dalhousie Street. He stated for the record that he has had extensive communications with the Integrity Commissioner on this subject and based on his advice, he will not be declaring a pecuniary interest in this matter.

At the April 24 council meeting Fire Chief Montone spoke at length, for about 41 minutes, when his report was on the agenda. He did it again at the May 23 meeting; his report was on the agenda and he droned on for about 40 minutes only this time he didn’t go back 40 years. Montone also appeared rude and argumentative by interrupting Councillor Pouget. I would encourage Montone to not use the term, ‘mobility challenged.’

Mayor Prue seemed to admonish someone in the audience for a comment. I’d like to see him consistently apply the standard to other council members’ and staff behaviour.

The traffic study, conducted over a two day period, seemed to justify the development but lacked details that other municipalities may require, for example, surrounding road networks, intersections and type of controls; transit stops and services; bicycle and pedestrian links and facilities, in this case e bike rentals; nearby curb parking and off-street parking; nearby developments and their access points; and proposed internal parking arrangement and circulations, not to mention the Open Air street closures and increased pedestrian use by all but some persons with disabilities.

Garbage was a hot topic; what will be stored where and then the big announcement that composting would be available which may be detected by its smell.

And then there was the ever present acknowledgement that yes, heritage would be embraced, as it was for the River Bookshop, a renovated historic building that lacks accessibility.

Colleen Peddie mentioned working with all of the attractions in town along with an upcoming collaboration with the Gibson Gallery which, to me, has nothing to do with the setback issue.

Questions were asked of staff that really should be limited to a set amount of time: Were Mr. Brown’s questions answered, what about accessible on street parking, a question regarding composting that Mayor Prue had to pass the gavel for, study downtown traffic in anticipation of 2025, the reason for setbacks in the 1999 Zoning By-Law, the Official Plan, back to the waste bins, comparing other downtown buildings setback approvals.

Mayor Prue said Councillor Courtney was getting a little bit argumentative and didn’t think he asked one question but anyway, maybe a couple of rhetorical ones. Prue just wanted to finish this so that they could get to the motion. He said they’ve been at this now for 3 hours; 3 hours. Well that’s what happens when timeframes are not set and strictly enforced as they are for delegates.

Councillor Crain then moved the item and Mayor Prue prompted him by asking if he was moving the recommendation. When Crain said yes, Prue asked if there was a seconder. He acknowledged Councillor Don and followed that with McArthur and said he was getting old and tired.

During Deputy Mayor Gibb’s speech, he said there’s traffic concerns with the laneway behind the buildings; again, it is a laneway it’s not a legal road.

I would argue that it is a legal road, as defined in the Highway Traffic Act Ontario: “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Gibb also said we can’t just do what we think we have to do what we’re obligated to do under the law. But when Gibb voted in favour of Open Air, didn’t he say, to me, Open Air makes the downtown more accessible for people with in at least in wheelchairs, referring to his in-laws? I thought I made it clear that legislation is meant to ensure the equal rights of persons with disabilities.

Crain and Gibb mentioned the Official Plan and Provincial Policy Statement; Crain and McArthur mentioned the River Bookshop and candy shop.

Crain listed Peddies’ stores, followed by they have had a tremendous economic impact in the community. I fail to see how; regardless of the profit level, the taxes stay the same and we still don’t have a pool, an accessible town hall, pickle ball courts, etc. He regurgitated some details cited by a few staff members.

Councillor McArthur cited similar statistics and predictably, mentioned his kid and how too often around the council table, we look at the negative side of development; you have to look at the positive side. I don’t believe this is the first time he has mentioned economic development and can list each of Peddies’ shops by name – quite the cheerleader.

When discussing Honeywell property, McArthur said he thought they should focus on the potential and not problems that they can’t control and didn’t create. In other words, the positive, right?

Labeling or discounting others’ viable concerns as negative is getting stale.

Mayor Prue passed the gavel again; he said the question to him came down to the garbage and his whole concern about the garbage in the grease pit evaporated in one second. Because what they are saying about the composting is the new wave of the future. He shared a joke with his friends about traffic jams in Amherstburg. He reiterated his campaign platform, specifically the number one priority was economic development. And so one of the first things council did following the last election was develop the CIP Community Improvement Plan, voted on unanimously. Don’t forget we did that, he added. Oh yes, I’ll make note of that for the next election.

A recorded vote was held: in favour of the recommendation were Gibb, Crain, McArthur, opposed were Pouget, Courtney, Allaire and the tie-breaker in favour was Prue.

A lifestyle break followed and I stopped watching because, as Prue pointed out, they were already at this for 3 hours.

Council Meetings: What I Watch For

  • It’s all about me: how many times someone says I want, I think, I prefer, I know, my wife, my in-laws, my kids, my family OR what I have heard from constituents
  • closed mind OR open to varying views
  • Kudos to staff OR a simple thank you
  • Support administration recommendation without question OR question possible omissions
  • Split the vote: seek compromise/consensus OR acknowledge 4-3, 3-4 votes
  • Maintain decorum OR allow unwelcome comments
  • Windbaggery OR refrain from unnecessary speeches
  • Promote charities OR make decisions to remove barriers that prevent people with disabilities from equally participating in the community
  • Decisions based on the interests of a few OR decisions based on the whole community

Strategic Planning Presentation – File an FOI Request

April 27 I requested a copy of the Orientation to Strategic Planning – Sabine Matheson, Olivia Lahaie, Strategy Corp. presentation to council at the April 18 meeting.

Within minutes, CAO Critchley advised, As the slides used by Strategy Corp are proprietary information, should you wish a copy of the presentation, please submit an MFIPPA request.

And then I emailed members of council and CAO Critchley:

for those who are unaware, a Routine Disclosure Policy, recommended decades ago by the Information and Privacy Commission, was being looked at three years ago, according to then-CAO Miceli. The topic was discussed at council meetings but still no policy has been created. Such a policy would reflect a commitment to open government, transparency and accountability since routine requests for information would not place a ‘burden’ on administration or taxpayers. Public information should routinely be disclosed to the public – that is a best practice.

Residents should not routinely be advised to submit FOI requests in lieu of a policy and/or in lieu of members of council or administration ignoring requests for information.

I strongly urge the council, who has policy making authority, to enact this policy for the betterment of the community.

No responses were received.

Amherstburg Is NOT In The Transparency Challenge Spotlight

I’m thinking of nominating the Town of Amherstburg for the annual ‘most secretive municipal body’ award from the Centre for Free Expression.

Last September the Information and Privacy Commission (IPC) launched a Transparency Challenge to government institutions on September 28, 2022, International Right to Know Day. All government levels were encouraged to share their innovative projects or programs that improve government transparency for the benefit of Ontarians.

From the IPC website: Why did the IPC launch the Transparency Challenge?

Privacy and Transparency in a Modern Government is one of the IPC’s four strategic priorities. With the Transparency Challenge, and the Transparency Showcase we want to show great examples as a way to encourage others towards greater openness and transparency. We also want to increase public awareness and understanding of the positive impacts open data can have in concretely improving the day-to-day lives of Ontarians. This is one of several IPC initiatives to advance Ontarians’ access rights and inspiring greater transparency among public institutions.

In February 2022, Stratford, Ont., city council was declared Canada’s ‘most secretive’ by Toronto think-tank, the Centre for Free Expression (CFE). Read the full CBC article.

Given the history of FOI requests, Appeals, Inquiries, excessive fees, and the fact that it’s been over three years since former CAO Miceli that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy, I’m optimistic about the town’s chances of being an award recipient.

Current CAO Critchley now advises: the Town continues to investigate a number of policies and their associated role within the organization but at this time the Town of Amherstburg has not adopted a specific policy to govern the many ways in which the Town actively disseminates and routine discloses information to the public.

Police stepping up enforcement at dangerous intersections

The Windsor Star reports Windsor police are stepping up their presence at some of the city’s most dangerous intersections. No Amherstburg intersections are listed in the article.

“We are using a data-driven strategy to assess which intersections have had the highest vehicle collisions so that we can deploy our officers to the areas they are needed most,” said police Chief Jason Bellaire.

“It is our hope that taking this more analytical approach will enable us to reduce collisions, fatalities and injuries and make our roads safer for everyone.”

The intersections identified are:

  • 3100 Howard Ave. (Devonshire Mall)
  • E.C. Row Expressway & Howard Ave.
  • 4400 Walker Rd. (Walker Square)
  • Tecumseh Rd. E. & Howard Ave.
  • Tecumseh Rd. E. & Lauzon Pkwy.
  • Tecumseh Rd. E./W. & Ouellette Ave.
  • Dougall Ave. & West Grand Blvd.
  • E.C. Row Expressway. & Walker Rd.
  • Tecumseh Rd. E. & Forest Glade Dr.
  • Provincial Rd. & Walker Rd.

Decorum At Council Meetings Improvement

Last night’s council meeting was shorter, there were less speeches, less pettiness, and less personal anecdotes – worth a few gold stars!

The passing of the gavel just to pose a question seems unnecessary. And, when a council member requests a report, administration should comply, which is their job – to implement council’s decisions. It is not up to administration to decide when, why or if council should be provided with documents.

Likewise, council should not be concerned with how much work is involved in preparing reports. Council needs fully researched reports, both pros and cons, to decide what’s in the best interests of the community. Administration is a-political.