Category Archives: Accountability

CAO Peter Simmons Lawsuit Against Town of Amherstburg

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Former CAO Peter Simmons was a plaintiff in a statement of claim, naming the Corporation of the Town of Amherstburg as the Defendant on July 5, 2022.

According to the statement of claim, Mr. Simmons commenced his employment with the town on or about February 22, 2022 as CAO. On June 9, 2022, without reasonable notice or pay in lieu thereof, the town terminated Mr. Simmons’ employment, allegedly with cause due to alleged wilful misconduct, disobedience and wilful neglect of duty. Mr. Simmons pleads that the town had no cause to terminate his employment and, consequently, the town is in breach of the express and/or implied terms of his contract of employment.

A Notice of Discontinuance, and consent to same by both parties’ lawyers, was filed on July 3, 2024.

Restrictive Procedural By-law: Impacts on Civic Participation and Engagement

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In his August 7 letter, Frank Cerasa highlighted this council’s passing of a more restrictive procedural by-law.

For months I requested council update its procedural by-law; ‘the by-law that most directly affects democracy should reflect current accessibility and human rights legislation and it is within your authority as representatives of the public you serve to address the issue and implement a best practice. There should be no administrative burdens or barriers to democracy.’ 

In July 2023, to assist council, I shared the Director of the Centre for Free Expression’s response: he never heard of a municipality requiring the delegation speaker’s notes, much less the text of the speech, to be submitted ahead of the event. And he never heard of a requirement for a copy of the notes or speech text to be submitted with the application to appear.

In August, without direction from council, Administration presented its report to council, titled, Procedural By-law Renewal for Greater Civic Participation and Engagement and Revised Procedural By-law. While the revised by-law ended the bad practice of requiring notes/speeches in advance, it became more restrictive than its previous version and more so than neighbouring municipalities.

Although it was meant, in part, to provide council the tools to have efficient and effective meetings and provide all members of the public the same equity in terms of participation and engagement, I don’t think either was achieved.

There are no limits on the number of questions members of council can raise, no limits on the number of times a member can speak and there are no time limits for either item. When administration is invited to participate, there are no time limits on their input either, all of which may result in inefficient meetings.

As for equity, treating all members of the public the same may result in inequities and disregard for individual accommodations which should have been learned during mandatory AODA and human rights training.

Since neither the public nor council members provided any input, the new procedural by-law reflects administrations’ vision. But, since council unanimously approved it, and Councillor Pouget’s November 2023 reconsideration motion failed, this council will be remembered for shamefully curtailing civic participation. 

Commentary by Linda Saxon

Salmoni Residents’ Appeal Dismissed: Ontario Land Tribunal Decision

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An August 12 Decision by the Ontario Land Tribunal hotel at 256 Dalhousie has ordered that the Salmoni residents’ appeal is dismissed.

[107] In order to address the possibility of noise and disturbance from a rooftop
restaurant/bar the Tribunal includes, that the approval of the draft Zoning By-law
Amendment shall accommodate the addition of text which will require that the rooftop of
the building be an enclosed space as depicted in the architectural drawings submitted in
evidence and that the use shall not be a restaurant/bar within that space. Further, that
any commercial/restaurant space use on the ground level shall be an enclosed space.

[108] On the weight of the evidence heard by the Tribunal, its assessment of same as
detailed in the reasons above and the submissions of counsel, and having weighed
submissions of residents, the Tribunal finds that the proposed ZBA which will allow the
relief sought by the Applicant is consistent with the PPS as well as the County OP and
the Town OP, and applicable guidelines, and thus represents good planning in the public interest.

Heritage Committee Meeting Highlights: Naming of 179 Victoria Street and Gore Street Development Discussion

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The August 8 Heritage Committee meeting started twenty minutes late and the Chair forgot his glasses so he had difficulty reading the agenda.

When it came time to discuss the naming of 179 Victoria Street, Frank DiPasquale was the first to speak. He said it’s a tough decision and wished all committee members had been present, although there was a quorum. Robert Honor suggested that rather than use one of the suggested names twice, a new name be selected like Dr. Bell, whose farm was on that land that he donated. Shirley Prue was also in favour, as was Councillor Crain but he also said he thought one of the three options should be implemented.

DiPasquale still wished to defer it and Ms. Prue said something that she was asked to repeat since it was difficult to hear her; she wanted to know what the heritage planner thought. Mr. Coates said it was not time sensitive and Ms. Prue asked if a motion was needed. (With all the experienced committee members, why is it necessary for anyone to ask if a motion is needed?) Thankfully, the chair said a motion was needed and the motion to postpone with Mr. Coates to look at the Bell recommendation carried.

The next item up for discussion was a residential development on Gore Street. Of course the focus was the Heritage aspect, and whether or not it would comply with guidelines for the proposed heritage conservation district. Ms. Prue asked if there was anything that they needed to be concerned about. The chair noted that the only thing that’s kind of sticking out a little bit to him is the fact that there is a flat roof right over the front porch and he was just wondering if that truly fit in. A second look at the diagram confirmed that it is not a flat roof and they discussed the pitch before a motion was made that the plans be accepted as presented.

Inconsistencies: Meeting Notices

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On July 25, I emailed council and CAO Critchley, today’s calendar listing includes the accessibility advisory committee meeting with no agenda link and no notice of cancellation. as you can see from the attached screen shot, it states the event has already occurred. would someone please advise if the meeting will be held?

Critchley replied, The calendar module has a known issue with the statement “the event has already occurred.” We have opened a service ticket with our provider. 

The meeting was tentatively scheduled and has been cancelled, the next meeting will be the fourth Thursday in August, August 22nd. The change has been noted on the page to reflect this cancellation. 

Anyone with interest in staying up-to-date for Town meetings can subscribe at: https://calendar.amherstburg.ca/council/Subscription to receive notifications as they are provided.

And I answered, Thanks. I already subscribe but received no cancellation notice. 

Comparing Amherstburg Council Meeting Behaviour With Others

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Compared to Amherstburg council meetings, other local council meetings are a pleasure to watch and they are so much more efficient.

Not one mayor passed an imaginary gavel to speak or ask a question as per Robert’s Rules of Order.

No longwinded speeches.

No repeat questions or belabouring a point.

No staff member on either side of the mayor whispered in his/her ear.

When the mayors asked if there were any comments or questions, the discussion was limited to members of council.

The videos are clear.

Videos are available on YouTube.

Videos zoom in on the speaker or split the screen.

Some provide county council updates.

Some receive county council minutes.

Some, like county council, vote electronically.

Delegates are asked to push the microphone button which is less condescending than a councillor jumping up and down to do it.

Council members were mindful of their microphone positions.

Committee meetings can also exhibit similar behaviour.

A screenshot of Shirley Curson-Prue, chair of the Amherstburg Accessibility Advisory Committee who frequently speaks with the microphone off to the side making her inaudible at times.

Concerns Over Removal of Parking Spots: Questions Raised

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Councillor Diane Pouget emailed the following questions to CAO Critchley:

I am very concerned about the removal of two (2) vital parking spots in front of the Salty Dog on Dalhousie Street.  This is the 3rd removal of very limited parking spaces in that area.

I immediately contacted Bill Tetler yesterday morning, while they were building the deck in these prime parking spaces.  Bill explained that Council had approved the Temporary Patio Extension on May 27th.  I am requesting the following information:

  1. A copy of the full report submitted to Council, regarding the Temporary Patio Extension on May 27th.  (Outside of Open Air)
  2. The motion approved by Council, giving permission to remove 2 parking spaces in front of the Salty Dog.
  3. The response and feedback by all businesses in that area, that could be adversely affected by this action.
  4. All correspondence from our relevant committees approving the removal of these parking spots.
  5. A report, regarding any other businesses, that have requested permission to enter into an agreement to remove parking spaces in front of their businesses.

Thank you for your time and attention to this matter.  I wait for your response.

Inconsistencies: Deputy Mayor Gibb On Social Justice Issue

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On June 25, 2024, during discussion of the Transit Service Agreement Renewal, Gibb said he thinks the other big thing that they’re not talking about is this is really a social justice issue. He continued that there’s a lot of people who can’t afford transportation or reliable personal transportation so he thinks this is a good deal for the people of Amherstburg; it’s the right thing to do so he’ll definitely be supporting it.

When I delegated on March 25, 2024 regarding OPEN AIR I stated, in part, ‘A Divisional Court affirmed that the AODA is “social justice legislation” that is meant to redress a history of discriminatory exclusions by identifying, removing and preventing barriers to participation in society.’ I requested council prioritize a commitment to the principles of governing legislation and ensure everyone is welcome to equally participate in our public spaces.

The number 1 complaint about Open Air is accessibility and Gibb stated on am800 that Open Air is accessible so we just want to invite all of Windsor and Essex County to come out to Amherstburg and get together and have a great time.

But not everyone can participate. Merry go round.

Principles Integrity vs. Elman: Integrity Commissioner Services in Amherstburg

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In 2022, council chose Bruce Elman to continue as Integrity Commissioner until December 31, 2024 over Principles Integrity but now Principles Integrity is being recommended to commence July 1.

Aside from the legislative background, the Report to council references council resolutions:

  1. 20170612-767 appointed Bruce Elman as the interim Integrity Commissioner for the Town of Amherstburg. (I could not locate this resolution in the minutes.)
  2. 20180108-11 appointed Mr. Elman permanently to the role for a term which expired on December 31, 2019.
  3. In 2020, the two year renewal clause in the initial contract was invoked, appointing Mr. Elman for a further two year term, which was further extended until June 30, 2024.

From the archives, I found a November 25, 2019 in-camera meeting and resolution 20191125-558 appointing Mr. Elman beginning January 1, 2020 for two years, ending December 31, 2021.

I also found a March 28, 2022 meeting and resolution 20220328-07 that Elman was chosen to continue until December 31, 2024 following a comparison between Principles Integrity and Elman.

In June 2022, the Code of Conduct was amended.

I’ve reached out to CAO Critchley with some questions:

  • Why is council being asked to approve hiring Principles Integrity as of July 1 when Mr. Elman’s contract expires December 31, 2024? 
  • Will taxpayers be paying for two Integrity Commissioners?
  • Was an RFP issued in anticipation of Mr. Elman’s December 31, 2024 contract expiration? If not, why not?
  • If Mr. Elman’s contract was not anticipated to continue to December 31, 2024, was an RFP issued? If not, why not?

I’ll provide an updated post if/when she answers.

Amherstburg Emergency Access: Fire Chief Addresses Concerns and Questions

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Fire Chief Montone has answered Councillor Pouget’s questions and concerns about emergency access in red below.

Please find attached a photo and comments made on the Amherstburg Residents Forum Website.  Since this article appeared, I have been bombarded with questions, regarding emergency access to our downtown streets, during the 43 days of closures.

Open Air Weekends events is designed collaboratively, appropriately and is approved by the involvement of several Town Departments which includes involvement of the fire department. In terms of Fire Department Access, the foot print includes at all times a 6 m access route for fire apparatus and other emergency services including police and ambulance. This access route is currently designed to ensure we have full access to hydrants, fire department connections on buildings that have suppression systems and easy access throughout the event area.

The Ontario Building Code and the Ontario Fire Code establish an acceptable space for access routes to be maintained on an ongoing basis. OBC Div B Clause 3.2.5.6. (1) (a) sets that size to 6 Meters in width which is why we utilize the criteria. See  Photo (Dalhousie Access route Widths)

Every year, fire prevention staff and Chief officers walk the site to ensure compliance with these requirements. This took place Friday May 31st for the first open air weekend. We also perform unannounced checks throughout the summer to ensure all the various events are remaining in compliance. Staff have driven the fire trucks down through the event space to confirm the approved access routes work and that our apparatus can make all necessary turns. 

All three emergency services were notified by the town that these roads would be closed throughout the summer with detailed instructions on how to access the site in case of an emergency. We further instructed the Fire Department Training Officer to ensure that all fire department staff are aware of those procedures and the closures. All fire staff have received that information and are aware of what to do. 

Lastly our staff prior to the opening weekend provided detailed training for all Tourism Staff including students relative to what is approved and what is not and the procedures to follow in an emergency situation in terms of how they can assist our response to the site of an emergency. See 5 Photos utilized for their Instructions( titled Access(and the location))

Due to the fact, that you were tied up with an Ontario Land Tribunal Hearing for the last four (4) days, I delayed in sending my concerns to you.  It is ironic, that the OLT Hearing, involved a very contentious proposal for a boutique/hotel on this same street, dealing with fire safety concerns.

I appreciate the Delay

I understand you do not live in our community and the closed streets occur mostly after your working hours and on the weekends, so you might not be aware of these activities, that appear to be blocking the streets.  Due to the fact, that bollards are in place at the Dalhousie/Murray, Dalhousie/Richmond, Ramsay/Murray, Ramsay/Richmond Street intersections and tables, tents and games appear to be obstructing these roadways, I am asking for your advice, if you are aware of these issues and if you are concerned with this matter.

I am Fully aware and approved of the placement and modifications made. The bollards you reference are actually water filled plastic jersey barriers which have been modified to allow for rapid draining when they need to be drained for movement. In our latest tests it took approximately 45 seconds for a full draining and the barrier can be moved after approximately 20-25 seconds. When event staff are aware of our response they are instructed to start the process and if they are not our staff as mentioned above have been instructed to be aware of what is required upon arrival to the area.

I am unclear as to the relevance of where I live…My working hours are whatever is needed to fulfill my duties and responsibilities. Again not that it is relevant but my home in the Town of Lasalle is 16.5 km. from the Richmond and Dalhousie Intersection From McGregor it is 17.1 Km. ( drive time is 17 minute) and from Paquette Corners to the same intersection is 20.7 km.(drive time is 19 minutes). My drive time to My office, Driveway to Driveway is 12.5 min. In an Emergency Response utilizing warning Lights and Siren I am approximately 7 min. if you are raising the issue under the assumption that I do not spend any time in Amherstburg outside working hours, I can assure you that I socialize in Amherstburg, I golf in Amherstburg regularly, I shop in Amherstburg most often daily…and as a senior leader in the Municipality it is a proper professional practice to be aware of what is happening in the community at all times.

Perhaps, as a daughter of a volunteer Amherstburg Firefighter for 35 years and I as a member of Emergency Response Ontario for 23 years, I am very aware of the importance of emergency vehicles to have quick response times, with unobstructed pathways.  The photo provided implies obstruction to a very busy street.  In the case of an emergency, how would our residents and tourists escape, when being blocked in with very large buildings on both sides of the street? Would they have to rush the intersections of Dalhousie/Richmond or Dalhousie/Murray to escape? What about our residents with accessibility issues? 

The angle in the photo is a misleading perspective and I can confirm that area is set up appropriately. The fire route at that location goes from the east side of the road in front of the Artisan Grill to the west side of the road in front of Lot 10. In terms of Pedestrian movement there is ample space for people to exit the area most often the way they arrived. Occupant load for each business has not been increased because of patios… providing patrons with a place of refuge from weather or in cases of emergency. See photos attached

On another note, I am equally concerned about the Rib Fest to be held in the downtown core next weekend.  I copied you on an email on May 23rd, but I did not receive a response from you. 

Your Email of May 23rd was addressed to the CAO, I was copied as you indicated for my information. Email or correspondence etiquette would suggest that if you require a response that you include me in the To: line or specifically request a response from me. I believe the CAO provided a suitable response of which I had nothing further to provide.

We have also instructed the Ribfest through the special events committee to have a 6 m access route in front the units for the same level of access when that route is closed. See Photo (Ribfest setup and Route)

I am very worried about the placement of 4 large cookers on asphalt on Ramsay Street and the fact that tables will be set up in a confined space behind the Dalhousie, Ramsay, Richmond, Murray Street businesses and apartments.  What effect will this have on emergency vehicles access, when all these streets will be closed? 

I have attached a Photo of the approved layout to illustrate that our needs have been met and that a repository for the Oil and Grease are in an approved location. TSSA (Technical Standards and Safety Authority) will be inspecting the cookers and associated equipment for proper set up prior to use.as is required in Ontario Legislation.

Please note, that as a Councillor for the Town of Amherstburg, I am copying the Amherstburg Residents Forum to inform them, that I am asking these questions on their behalf as well as my concerns, regarding these important issues.