Tag Archives: amherstburg

Amherstburg Website AODA Compliance Revisited

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SHAMEFUL. This feels like a lack of commitment to accessible goods and services, again.

Brief History

An accessible town website was relegated to year 3 of the town’s first accessibility plan, then listed as a priority for 2005, then 2006 and a 2007 report informed council that the website was compliant with W3C accessibility standards. But it wasn’t, according to an external expert. In 2009, a newly designed website was unveiled and problems continued. In 2011, I commented regarding difficulty navigating the website. In 2014, Amherstburg was invited to hire esolutions when the County redesigned its site to meet accessibility standards; Leamington and Essex had already hired the web design company but Amherstburg declined. According to the town’s site, esolutions redesigned Amherstburg’s site in 2016, although it still had issues.

Deadline Extension Requested

Thousands of dollars and redesigns later, in a September 2020 Report to Council, Administration recommended, and council agreed, to request the Province of Ontario to extend the AODA website compliance January 1, 2021 deadline to at least January 1, 2022 due to COVID-19.

The report claimed COVID was the reason, then administration explained at the council meeting that it was due to third parties. Did no one on council realize the town is also responsible for third party vendors?

Compared to the 2005 AODA (Accessibility for Ontarians with Disabilities Act), COVID-19 only existed for a short time but, suddenly, in September 2020, the town needed more time? 15 months more time?

Present Request

Following the January 1, 2022 deadline extension the town requested, a Report to Council for the January 15 Special Council meeting states: ‘The Ministry has approved of this approach and the Town and Ministry have agreed all associated work shall be completed prior to the end of 2024. As such the Town’s work plan expires on December 31, 2024; there are risks that users may encounter barriers in accessing information on Town websites; and the cost to perform a website redesign and refresh not to exceed $70,000, excluding HST.’

My 2020 question stands, why are we not compliant by now?

Related posts:

Town of Amherstburg Requests Website Compliance Deadline Extension

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Amherstburg Requests Website Compliance Deadline Extension – The Resolution

Amherstburg Requests Website Compliance Deadline Extension – The Vote

Amherstburg Requests Website Compliance Deadline Extension – Follow Up Questions to Council

Amherstburg Requests Website Compliance Deadline Extension – Circulation of Resolution

Amherstburg Requests Website Compliance Deadline Extension – Essex County Council Does Not Endorse It

Amherstburg requests Website Compliance Deadline Extension – Third Party Vendors

Public Consultation On Parking In Front Of Navy Yard Park Was To Be Held

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Nancy Atkinson, on behalf of the Amherstburg Residents Forum, raised three concerns at the June 12 council meeting, one of which was the new no parking sign.

After some discussion, Councillor Pouget made a motion to direct administration to bring back a full report regarding the no parking area in front of the clock at Kings Navy Yard Park.

Mayor Prue asked if there was a seconder and then asked if there was any discussion but then he called on the clerk via zoom.

The clerk wanted to mention that there would need to be some review from an accessibility and risk management side but this motion would allow us to do that. 

Prue stated so the motion helps and all the people will be consulted.

Deputy Mayor Gibb wanted to answer Atkinson.

Listen to the audio.

Administration Report to council for December 11, 2023 council meeting.

Thank Me, Blame Council!

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I had been emailing council members since February and urging them to update the procedural by-law and at no point did anyone mention that a review was underway. In September I asked on what date did members of council give direction to admin to update the by-law?

CAO Critchley answered – August 14, 2023. Technically, that was the day council rubber-stamped the by-law so neither council nor the public had any input, unlike other municipalities. As an example, Port Hope where ‘staff will work with all members of Council to gather their individual input on meeting processes and specific elements of the procedural by-law to ensure the recommended draft by-law is reflective of all points of view on Council.’

When I requested an explanation for missing speaking notes from two October 10 delegates, Critchley answered that ‘Both delegates have indicated that they did not have additional materials to provide and both met the requirements of section 9.4 of the Town’s Procedural By-law. While we certainly welcome delegates to share additional information that they may have in advance, if the requirements of the procedural by-law have been met then the Clerk is required to register the delegation.

In fact I believe you had a concern in the past about the requirements for delegates to provide speaking notes and so when the recent revisions to the Procedure By-law were made, we took your concerns into account.’

It wasn’t just my concern. I shared the Centre For Free Expression’s response with council:

I have 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, I have never heard of a requirement for a copy of the notes or speech text to be submitted with the application to appear. Sometimes when I appear before parliamentary bodies they request a copy of my submission ahead of time so they can distribute it to the committee members and, where there is simultaneous translation, to give a copy to the translators so as to help them. But, this is only after I have been accepted as a speaker and it is not a requirement.
While I feel it is both wrong and bad practice for your municipal council to do as yours is doing, it is not illegal to the best of my knowledge. It is something that should be fought in the court of public opinion.

ames L. TurkDirector, Centre for Free Expression
The Creative School
Toronto Metropolitan University (formerly Ryerson University)

It also wasn’t my only concern. On several occasions I shared my concerns regarding accommodations for persons with disabilities who were unable to be attend meetings and I mentioned comparator municipalities. Ironically, council has considered comparators for staff wages, budgets, and recommending removing the cheque registry from the agenda. Two more inconsistencies.

My comparator chart was attached to the agenda.

Copyright – this information is protected by Canada’s Copyright Act. Request written permission from the burg watch at gmail dot com.

Comparing Cheque Registries

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Councillor Pouget campaigned ‘to regain the loss of trust by many of our taxpayers.’ Following her motion to reinstate accounts payable on public agendas, council and administration discussed it for about fifteen minutes at the December 5, 2022 council meeting. Read the full post: Accounts Payable On Agenda: A Matter of Trust. Deputy Mayor Gibb was the lone dissenting vote.

Now the ‘cheque registry pilot program‘ is on the November 27 agenda, although the motion to place the cheque registries on the agenda from about a decade ago was never rescinded or reconsidered.

Amherstburg population 21,936 (2016 census).

Comparing other municipalities that post the item to their agendas:

Southgate population 7190

Wasaga Beach population 20,675

St. Catharines population 140,370

New Tecumseth population 41,439

Open Air – If They Vote How Will They Vote?

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The Open Air Report is on tonight’s meeting agenda and I predict another majority vote in favour, not necessarily a 4-3 vote.

Everyone on council knows about the accessibility issues because everyone is aware of the number of times I complained, despite the rebuttals; but now the survey results indicate more people have noted the accessibility and parking concerns.

Councillor Crain: I’ll start with the sole opposition to this survey. In August, Crain said he can’t grasp why Open Air specifically; they’ve done an Open Air survey for residents and businesses so he felt a survey just on Open Air seems to be wasting staff time.

CAO Critchley confirmed in an email that they have surveyed visitors and the businesses inside and outside the footprint but not a resident wide survey.

On February 22, Crain asked staff, hasn’t the past Council already looked at ways to refine open air and that’s why some of the barricades were moved in closer? This feels a bit redundant to me if this has already been looked at by council. And from last night and from what we’ve been hearing, it’s pretty clear that the format is great. But based on my understanding, council’s already looked at this.

Crain was part of the team that created the THRIVE Open Air white paper; from the THRIVE website, ‘We believe that it should be a permanent summer feature.’ 

On March 13, Crain said he didn’t even think Open Air should have been a topic of discussion. He also thought they shouldn’t even be discussing this every year because eventually it’s going to be nothing.

On September 16, I asked Crain if he considered declaring a conflict of interest for Open Air discussions involving the event itself and the survey? No response.

As a candidate, in answer to one of the burg watch 2022 campaign questions to the candidates asking if they will remove barriers during Open Air weekends, Crain said yes. He voted in favour.

Councillor McArthur: has happily and consistently championed Open Air. As council’s rep to the Accessibility Advisory Committee, I expected he would advocate to remove barriers. He spewed out the statistics from an admin report on the number of parking spaces within a six-minute walking radius. ‘If there are persisting issues with accessibility, let’s work collaboratively to address them in consultation with the Town’s Accessibility Advisory Committee.’ But he’s on the committee. He voted in favour.

Deputy Mayor Gibb: wears a few hats: business owner, chamber of commerce member, family member, elected official but he publicly admitted he’s a huge fan. While he emailed, as Deputy Mayor, that he was ‘proud to say that I did complete the ADOA training that was offered to all members of council and I hope to put what I learned into practice not only in my “municipal life” but also in my personal life. And then he said, Open Air makes the downtown more accessible for people with in at least in wheelchairs because his mother-in-law and father-in-law both live at Richmond Terrace and he’s personally pushed a wheelchair from Richmond Terrace downtown. He voted in favour.

Mayor Prue: has given a few speeches at council meetings about being in the legislature when the AODA was introduced decades ago. He stated he has never seen any problem with access and cited his wife as Chair of the Accessibility Committee. I have discussed it with her, she has never once said that there was any accessibility problem brought to that committee or anyone on the committee. He acknowledged one complainant, but he doesn’t necessarily agree with what’s being said; so it is accessible.

Prue asked council to find it in their hearts to compromise with the other side; he broke the tie vote in favour.

Councillor Pouget: has consistently acknowledged the town’s obligation to remove barriers that prevent people with disabilities from equally participating in the community.

Councillor Courtney: has also acknowledged the importance of accessibility, removing barriers and considering the interests of the whole community.

Councillor Allaire: considered pros and cons and seemed to want to compromise in favour of a shorter time frame.

Comparing Procedural By-law Council Input

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As mentioned in Comparing Procedural By-law Public Input, Port Hope residents were invited to provide input; Amherstburg residents were not. Also, Port Hope staff worked ‘with all members of Council to gather their individual input on meeting processes and specific elements of the procedural by-law to ensure the recommended draft by-law is reflective of all points of view on Council.’

On October 19, and again on November 9 because no one answered, I questioned members of council, based on Port Hope’s procedural by-law review.

On November 10, Councillor Allaire answered the questions:

the burg watch: Did members of administration individually consult members of council on the Procedural By-law for input?

Councillor Allaire: No, we were not individually consulted from my knowledge.

the burg watch: Did you consider public consultation? 

Councillor Allaire: No, I did not at the time.

the burg watch: Do you feel that the revised by-law reflects your point of view on civic participation?

Councillor Allaire: No, I believe everyone should have a voice to speak. However, they still do it just seems to happen a lot more behind the scenes as in someone would have to approach council or administration to raise their concern for them, which I am willing to do for residents.

the burg watch: When do you intend to evaluate the policy and to update or amend it?

Councillor Allaire: I did not consider evaluating the policy, updating, or amending it. I will look into it.

The Town of Amherstburg’s August 2023 procedural bylaw seems more restrictive than it used to be and more so than our local comparator municipalities.

Comparing Procedural By-law Public Input

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It would have been so easy, but no public input was sought for the Town of Amherstburg’s newly adopted procedural bylaw, which seems more restrictive than our local comparator municipalities and more than it used to be, despite one of Mayor Prue’s campaign priorities to Promote citizen participation in municipal affairs and allow full deputation rights at town meetings.

The Town of Port Hope, population approximately 17,538, conducted a Procedural By-law Review and actually wanted input from its residents; from their website:

Through this review, we hope to:

  • Improve the meeting experience for all attendees, including public, delegates and Council Members
  • Ensure decision making is efficient
  • Reflect the changing demographics within the municipality
  • Account for changes in technology

Why is it important?

The Procedural By-law is important because it: 

  1. Ensures fairness and consistency in the decision making process
  2. Fosters respectful conduct and collaborative approaches to decision making
  3. Supports an open, accountable, transparent governance process so that the public, Council and staff understand how decisions are made and what to expect at the meetings.

CALL TO ACTION

Email Mayor Pure: mprue@amherstburg.ca to remind him one of his campaign priorities was to Promote citizen participation in municipal affairs and allow full deputation rights at town meetings.

The Burg Watch Is 12 Years Old

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In 2011, right after the 2010 election, I became Amherstburg’s first local blogger and I facilitated three municipal election campaign questions to the candidates.

The 2022 election seemed to be the most vicious; rumours around town, missing and/or confiscated signs, personal attacks on me, misinformation and disinformation.

In 2014, only three candidates created websites and all three had accessibility issues. In 2022, an increased number of candidates used social media but didn’t provide accessible information, even after I pointed it out to them and after they received accessibility information from the town. Candidate Lori Wightman’s website had accessibility issues in 2018 and 2022.

Leo’s lineup of 3, 2, 1. Outgoing Deputy Mayor Leo Meloche supported what might be referred to as a slate of candidates:

  • three were elected: Linden Crain, Don McArthur, Chris Gibb.
  • two were appointed to committees: Marc Renaud, Pat Simone.
  • one was unsuccessful in a second bid: Lori Wightman.

Common themes although I’ve written about a variety of topics:

  • Ombudsman Reports regarding in camera meetings in 2011, 2018, 2022
  • lack of decorum
  • incivility
  • inconsistencies
  • flip-flops
  • lack of accountability and transparency
  • preferential treatment
  • lack of a Routine Disclosure and Dissemination of Information Policy
  • over expenditures
  • police costings
  • privacy breaches
  • council divisions, usually 4-3
  • conflicts of interest
  • ableism
  • lack of commitment to accessibility
  • inaccessible town hall and Gordon House

Thank you to those who continue to follow and stay connected.

The Town Of Amherstburg’s Ten Year History Of FOI Requests

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While I have been relying on FOI requests for decades with the town of Amherstburg, former Amherstburg Police and now Windsor Police, the town started a master list of FOI requests, and outcomes, since 2013.

I couldn’t find any notations of appeals but they exist.

Although the town’s chart states ‘full disclosure,’ it omits my appeal of the town’s $187.50 fee for my personal information because fees for personal information are different from fees for general information.

History of one request:

June 2022 request: any copies of records from former Clerk Paula Parker pertaining to the Accessible Customer Service Policy and the applicant’s input regarding the draft on Council’s December 14, 2020 meeting agenda; this would include, but not limited to, information to Mayor DiCarlo, members of Town Council or notes to herself.

Then-Clerk Critchley acknowledged receipt of request.

Critchley then provided a fee letter for:

Search 6 hours @ $7.50/15 minutes = $180.00
Preparation 15 minutes @ $7.50/15 minutes = $7.50
Total = $187.50

Appeal filed July 2022.

Notice of Mediation January 2023

At mediation, in January 2023, the town waived the fee and provided full disclosure.

Generous of the town to waive a fee for search and prep of my personal information that should not have been imposed.

The number of full and partial disclosures is noteworthy. Time spent on formal FOI requests and/or appeals could have been saved if the town enacted a Routine Disclosure Policy like it was supposedly doing three and a half years ago.

Related:

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

Request For Routine Disclosure Policy Now Two Years Old

Request For Routine Disclosure Policy Now Three Years Old

Councillor Prue Supports Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Amherstburg Needs Routine Disclosure Policy

Reporter’s And Individual’s Requests For Information Compared

Accessing Information In Amherstburg

Special In-Camera Council Meeting

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Another in-camera meeting that may be closed to the public but council will meet behind closed doors today at 4 pm for one item on the agenda:

Item A: Cyber Security Awareness Training 

Section 239 (3.1) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:

  1. The meeting is held for the purpose of educating or training the members.
  2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee.  2006, c. 32, Sched. A, s. 103 (1).