Inconsistencies: Deputy Mayor Gibb On Social Justice Issue

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

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

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.

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 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? 

Confusing Downtown Parking Signs in Amherstburg: A Disgraceful Situation

On Friday, June 7, I emailed CAO Critchley and copied council members.

Is this funny? this is disgraceful; the attached photo was taken yesterday. the downtown is littered with these open air signs that do not even look like they can be enforced, even if people can read the fine print. this can be extremely confusing for people with disabilities trying to park only to encounter a sign disallowing them to park in a legitimate accessible parking space.

please confirm that this particular sign will be removed.

An August 2022 post showed the contradictory signs downtown.

Parking But No Parking Signs in Amherstburg

Downtown Amherstburg signs during ‘Open Air’ weekends are confusing. This is a no parking sign in a no parking zone in front of the post office that you can’t get to anyway.

This sign contradicts itself: no parking Friday at 3 pm but you can park until 6 pm Friday. Neither has any by-law number stated.

Emergency Access Concerns Raised by Councillor Pouget in Amherstburg

On June 7 at 9:26 am, Councillor Pouget emailed Fire Chief Bruce Montone pertaining to concerns regarding closed streets, attached a photo and commentary by David Wharram and copied the CAO.

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.

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 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.

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 to the intersections of Dalhousie/Richmond or Dalhousie/Murray to escape?  What about our residents with accessibility issues? 

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.  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?  

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.

Photos and Commentary by David Wharram

Amherstburg Fire Department Open Air Assessment and Event Safety Guidance

Reposting an article from October 2021 because of ongoing safety concerns regarding closed downtown streets. Amherstburg Fire Chief Bruce Montone provided me with these documents 5 days after I requested the disclosure.

open air assessment;

Events – afd a document that is provided on occasion to event organizers should they require additional guidance.

There are no specific dates for the original 2020 or the 2021 review.

Richmond Street Corridor Sidewalk Rehabilitation Funding Debate

On January 29, 2024, Deputy Mayor Gibb moved and Councillor McArthur seconded a motion to prepare a tender for downtown core sidewalk repairs, to consult four advisory committees, including the Accessibility Advisory Committee Regarding Barrier Free Routes of Travel, and funding not to exceed $31,000 (excluding HST) was to come from the AODA Compliance
Reserve Fund.

On April 10, the Accessibility Advisory Committee endorsed the proposal for the maintenance but objected to using the AODA Compliance Reserve Fund and carried a motion that a reconsideration of the funding source for reduction and reassignment, by 50 percent, BE CONSIDERED by Council.

On May 13, council considered it. Deputy Mayor Gibb had a few words: I’m starting to feel a little bit uncomfortable to hear the accessibility committee talking about you know, their funding or their reserve. This is I just want to remind Council this is our job is to determine where the money is spent. You know I’m not going to oppose Councillor MacArthur’s motion because it’s it’s valid. But I don’t know the last few things I heard just kind of made the hair in the back of my neck stand up. So this is it’s it’s up to council where this money comes from. Just that’s just my opinion.

In the end, council’s flip flop and carried motion was that 50% of the funding COME FROM the AODA Compliance Reserve Fund and that the other 50% of the funding come from another source such as the tax stabilization fund for the Richmond Street Corridor sidewalk rehabilitation.

    Deputy Mayor Gibb’s Flip-Flop On Traffic Study

    The short version; the detailed version follows. Deputy Mayor Gibb voted in favour of a motion, it passed unanimously, and he or Mayor Prue were to bring it up at county council ‘at the first available meeting’ (May 1); they didn’t. Instead, Gibb introduced it as a Notice of Motion at the May 15 county meeting. Meanwhile, Gibb wanted it reconsidered at the May 27 town council meeting. It was reconsidered, Councillor Crain suggested it should go to committee, which would require a motion, which failed. Councillor Pouget wondered about the motion’s wording change. Gibb made a motion to ask for a report from staff before they ask the county and that motion was defeated too. Crain made a motion to adjourn; Prue advised he could do that but that would mean this whole day didn’t happen because they have confirmatory by-laws to pass. Crain wanted to make a motion to approve confirmatory by-laws but Prue asked if there was any other new business. Councillor Allaire was acknowledged but then a motion was needed to extend the meeting past the 10:00 pm deadline because otherwise the meeting would be automatically adjourned. The motion to extend the meeting carried.

    The more detailed version is:

    April 22.
    At the April 22 council meeting, Councillor Pouget introduced a motion that carried for Mayor Prue and Deputy Mayor Gibb to ask County Council to include the Town of
    Amherstburg, when they initiate the Town of Lasalle’s Traffic Study of County Road 20,
    in particular the stretch of highway between County Road 10 intersection heading north
    to the River Canard Yacht Club.

    Councillor Pouget provided the reasons for the motion were excessive speed, unsafe conditions for motorists and pedestrians and a section of highway 20 in LaSalle has been reduced to 50 kilometers per hour to provide better safety in a housing density similar to our request.
     
    Mayor Prue passed the gavel and said LaSalle’s mayor did raise this at the last county council meeting and she cited one of the reasons for LaSalle needing a traffic study and a slowdown on highway 20 in LaSalle was all the extra traffic that is being generated out of Amherstburg. Prue took the gavel back, members voted, the motion carried and Prue said the deputy mayor or I will bring it up at the first available meeting.

    May 1.
    The first available county council meeting was May 1.

    During the May 1 County Council meeting, LaSalle Mayor Meloche read aloud her motion and mentioned Amherstburg but neither Prue nor Gibb brought forward the Amherstburg town council motion. Gibb and Prue voted in favour of the County Council motion and it carried unanimously.

    May 15.
    Gibb brought up the Notice of Motion at the May 15 County Council meeting and mentioned the April 22 Amherstburg council meeting motion and it was worded differently. Gibb said direction was given to Mayor Prue and myself to request the County of Essex conduct a traffic study for Essex County Road 20 from Texas Road to Essex County Road Three. This notice of motion is to request Essex County Council direct staff to conduct a traffic study which will investigate the effectiveness of speed reductions and other traffic calming measures to ensure that both vehicular and pedestrian traffic on this section of County Road 20 is being managed as safely and efficiently as possible.

    Councillor Pouget’s motion, as recorded in the minutes is: That our Mayor and Deputy Mayor TO ASK County Council to include the Town of Amherstburg, when they initiate the Town of Lasalle’s Traffic Study of County Road 20, Town of Amherstburg – Regular Council Meeting in particular, the stretch of highway between County Road 10 intersection heading north
    to the River Canard Yacht Club.

    May 27.
    At the May 27 town council meeting, Gibb introduced a reconsideration of the April 22 motion that he and Prue were to bring up at the ‘first available meeting’ which was May 1 and a lengthy discussion followed.

    Gibb explained his reason for the reconsideration was because he was concerned they were going to cede control of what happens to that road to the county. (this is confusing since it is a county road). He asked a few what if questions:

    • what if the county wants to change the speed limit to 50 kilometres an hour?
    • How is that going to affect companies like Diageo?
    • How is that going to change traffic patterns and have people move from County Road 20 perhaps onto our concession roads that that aren’t prepared for that kind of traffic?
    • How is that going to affect the commuting time of 1000s of people who commute on that road every day?

      He felt in their haste they may have opened themselves up to something that an upper level of government is going to force upon them before they’ve had a chance to discuss it amongst themselves. (But the chance to discuss it was on April 22 during the town council meeting).

    The vote to reconsider carried.

    Gibb thought they needed a ‘sober second thought’ and wanted to get a report from staff so they know what they’re getting into before it’s too late. (But wouldn’t county staff conclude their traffic study with a report to county council?)

    Councillor Pouget pointed out the unanimous April 22 motion and asked if Gibb hadn’t introduced the Notice of Motion that town council directed him to do in over a month.

    Gibb answered that the motion was introduced at the last county council meeting and then would be discussed at the next county council meeting.

    Pouget asked if Gibb was suggesting that this council passed this motion unanimously, he introduced it, didn’t introduce it when he should have the first meeting, skipped a meeting and then introduced it then and now go back to them and say maybe you don’t have to do that. Gibb said he generally doesn’t speak with that voice and that is categorically false what you’re saying.

    Prue called for calm because it was getting late (that’s what happens when meetings are inefficient). and he summarized: What has happened is that the deputy mayor issued the notice, he’s having second thoughts and wants to know council’s position. If Council doesn’t want to change its position that’s well within council’s right. If Council is happy then it just goes to the county and the county makes the decision. That’s what’s going to happen. There will be debate, and I will assure you if the debate goes forward, I will raise the same issues and I’m sure the deputy mayor will raise the issues that we would like to be consulted down through the process because we are a little afraid if it goes from 70 and 80 kilometres to much lower that it may have ramifications on our concession roads.

    The April 22 motion was back on the table and was read aloud: That our mayor and deputy mayor to ask county council to include the town of Amherstburg when they initiate LaSalle’s traffic study of County Road 20 in particular the stretch of highway between county road 10 intersection heading north to the River Canard Yacht Club.

    CAO Critchley emphasized the importance of being consulted.

    Councillor Crain thought it might be appropriate to have the economic development committee review the suggested idea to change the speed limit and Prue advised that would require a motion to amend the original one. The motion failed.

    Pouget noted a discussion regarding adding Texas Road.

    Gibb said they have a Doctorate in traffic studies on town staff and asked that they maybe get a report and he would prefer a report from staff. Gibb made the motion to get a report from staff before they ask the county to make any changes and said if that fails, then he’s done.

    Crain wanted to make a motion to adjourn. Prue said he could but if you do it, it means this whole day didn’t happen because they have confirmatory by-laws. Crain moved to approve confirmatory by-laws but Prue asked if there was any other new business. Councillor Allaire was acknowledged but they needed a motion to continue before 10:00 pm when they’re automatically adjourned.

    June 5. County Council Agenda 15.2 Traffic Study for Essex County Road 20 from Texas Road to Essex County Road 3

    Chris Gibb brought forward the following Notice of Motion at the May 15, 2024 meeting of Essex County Council:

    At the April 22, 2024 meeting of Amherstburg Town council direction was given to Mayor Prue and Deputy Mayor Gibb to request the County of Essex conduct a traffic study for Essex County Road 20 from Texas Road to Essex County Rd 3. 

    This notice of motion is to request Essex County Council direct staff to conduct a traffic study which will investigate the effectiveness of speed reductions and other traffic calming measures to ensure that both vehicular and pedestrian traffic on this section of County Rd 20 is being managed as safely and efficiently as possible.

    Recommendation:That Essex County Council direct staff to conduct a traffic study which will investigate the effectiveness of speed reductions and other traffic calming measures to ensure that both vehicular and pedestrian traffic on County Rd 20 from Texas Road to Essex County Road 3 is being managed as safely and efficiently as possible.

    Promoting Inclusive Community: A Call to Action for Council Members

    My delegation at last night’s council meeting as a person with disabilities, as a representative of residents who reached out to me with their concerns, and on behalf of the Amherstburg Residents Forum, regarding the adverse effect on the disability community of the closing of Murray Street was met with apathy.

    Not that it ill have any more effect on council than mentioning, during last night’s delegation, the AODA and the UN Convention On The Rights of Persons With Disabilities, but I emailed council members anyway.

    The lack of decorum at last night’s meeting was appalling. I urge you to update the procedural by-law to include a time limit on your speeches, a limit on the number of times you can speak, and a limit on the number of questions to admin. Other municipalities do it and I know you rely on comparators sometimes. Also, a meeting of council is where you, as decision-makers, debate the issues yet admin are invited to participate in debates.

    I also urge you to post the council and committee meeting videos to youtube which is a good transparency initiative that other municipalities do.

    it’s very disappointing, especially during National AccessAbility Week, that the town is promoting a flag raising or wearing red shirts while votes in favour of closing off yet another public space adversely affects people with disabilities. Shame on you. 

    in my opinion, it’s hypocritical to promote anything that may appear as tokenism. we already have plenty of awareness. what we need is a stronger commitment to ensuring we live in an inclusive community, free of discrimination and free of barriers that prevent our human right to equally participate. we need to ensure that we people with disabilities stop encountering attitudinal barriers and ableism. we need elected officials to take a stand and not vote in favour of barriers or spend taxpayer dollars on barriers.

    we also need people to realize that input from residents like me, with disabilities, should be welcomed; it should not be met with examples like the attached. chris drew, an accessibility advisory committee member posted this yesterday to the town’s facebook page.

    Screenshot