September 11 Council Meeting RECAP Part 1

Awkward comes to mind; out of order business, a resident being denied an opportunity to speak, motions/notices of motion, belabouring points, apologies and then the usual time wasters like passing the gavel and stating a question was already answered when someone else asked it.

Another time-waster, kudos. Compliments from Mayor Prue for admin being almost up to date with the minutes; Councillor Crain thanked and commended staff for a 50,000 surplus being used for future maintenance projects at the Libro; Councillor McArthur didn’t want to throw staff under the bus – they spent a lot of time crafting that new procedural bylaw.

During the Duffy’s discussion, when Mayor Prue noticed a raised hand in the audience, he stated that council changed the procedural bylaw and that generally does not allow for this; council would now have to unanimously vote to hear Mr. Amlin.

Is it ironic that the August 1 memo to council was titled, Procedural By-law Renewal for Greater Civic Participation and Engagement?

Deputy Mayor Gibb opined they cannot give an opportunity to people who are physically in the room that they aren’t giving to people who are watching from home for whatever reason, be it you know, physically not being able to be here. He said he was sorry but he wasn’t going to support it. He felt it was a question of equity between those who can physically be here and those who can’t.

Mayor Prue stated he didn’t have to go any further, it wasn’t unanimous; he also apologized and advised Mr. Amlin they couldn’t hear him.

Councillor McArthur wanted to back up Gibb as he didn’t want to leave him hanging out on a limb. He stated they’ve all received emails that it’s unfair to people who can’t be present in the room and to have people in the gallery come up and speak. You know, that’s one reason. And the second reason is he didn’t want to throw staff under the bus. They spent a lot of time crafting that new procedural bylaw to address what they perceive were deficiencies that could potentially allow meetings to go off the rails. He mentioned as a former journalist, he loved it but doesn’t anymore; it sends a bad message to staff. They unanimously supported that procedural Bylaw and he also apologized to Mr. Amlin.

At one point Prue stated they had a motion duly moved and seconded, then stated he thought they did then they did.

Councillor Pouget inquired about correspondence from North Star. The clerk advised it did not come in time for the agenda submission so it would be on a future agenda. Pouget said time was of the essence and she understood that she could bring it up under new business. Mayor Prue stated it was her prerogative to raise it under new business that can be dealt with at this meeting just not now.

Moving on to 18.1 Economic Development Advisory Committee minutes. Gibb commented on the request to ‘consider’ and then noted he meant that for the next item.

Next item, 19.1, Co-An Park Advisory Committee minutes and Prue acknowledged Gibb had a question or something. Gibb mentioned the accessibility advisory committee meeting to ‘consider’ an item. The clerk mentioned Co-An park and Gibb clarified he was speaking to 19.2 as thought they had dealt with 19.1 and the discussion continued.

Next, 19.2, Accessibility Advisory Committee minutes. Gibb’s question was about the committee calling on the town and the developer to build a sidewalk along Pickering drive; he asked if this is something to debate in budget or if they were going to get some kind of recommendation from staff.

Related: AAAC Discussed New LCBO At Length.

Since McArthur made the motion at the committee meeting, he provided a background.

Prue acknowledged the Deputy CAO, who stated no, they can not compel the developer to put the sidewalk in; it would be a town expense. She would suggest that if Council wishes to move in that direction, it may be appropriate for the director of infrastructure services to provide a report first, because current policies around the types of roads that Pickering is does not require a sidewalk on both sides. So should Council elect to put a sidewalk on both sides they will probably need to ensure that they’re not setting any precedents that all collector roads throughout the town then require sidewalks on both sides.

The discussion continued about the location of the sidewalk, whether it would be a portion to the first driveway or all the way to the sidewalk on Pickering.

Prue passed the gavel to comment about the LCBO. He said it’s one of the smallest he’s seen anywhere and it has a sidewalk and a ramp; what is being proposed is less than we have now. He mentioned how the town would have to pay; the Ontario government took away the authority of this municipality and council to insist that this be built. He ended by saying he just finds this horrendous and then took the gavel back.

Then there was a question of whether it would be possible to seek funding and the answer was probably not.

McArthur moved a two part motion that carried for 1. that administration approach the developer to see if a creative solution can be found to address this issue and provide access for all people, which seems redundant, considering the advice the developer cannot be compelled and discussion has already taken place, and 2. if that goes nowhere, that administration come back with a report in time for the 2024 budget with options to put a sidewalk there.

Next item but they had to revisit 19.2 for the third part of the AAAC motion.

Drainage Board minutes, unfinished business and next item Notice of Motion 22; no, go back to 21. New Business which will be in an upcoming post.

Open Air – Town Survey Questions

What is the town asking its residents in a survey that was to be posted after the Uncommon Festival but is now posted at talk the burg. A sign in is required.

What is your postal code?

Have you attended Open Air Weekends in 2023?

IF you have answered NO to attending Open Air, can you tell us why?

Do you like the current Open Air footprint? (one block of Dalhousie, one block for Murray Richmond – see black line identifying the footprint on the map)

IF you answered NO to liking the Open Air Footprint, what changes would you like to see to the Open Air Footprint?  (This only references the footprint, NOT the hours of operation.)

Could you check each block you want included in the 2024 Open Air Footprint?

Do you like the current schedule, Friday 3 pm to Sunday 8 pm?

If you said NO, to the above question, what days of the weekend would you like to see Open Air in operation?  Please check all the options you like.

Would you like to see Open Air Weekends return in 2024?

IF you answered NO to Open Air returning in 2024, can you tell us why?

Comments

Open Air – Have Your Say!

During the August 14 council meeting Open Air discussion, Heidi Baillargeon suggested the survey be posted after the uncommon festival; the town’s open air survey is now available at talk the burg.

Baillargeon was asked about surveying residents and answered that they have surveyed residents many times during Open Air.

the burg watch email to CAO Critchley was to request on what dates did admin/tourism dept. conduct Open Air surveys of Amherstburg residents/ratepayers?

Critchley: I believe that there have been several community surveys placed on Talk the Burg with respect to Open Air in the past but I do not have the precise dates. As you may know, Council has asked that a new survey be prepared and it will be issued in the Fall.

the burg watch: knowing the precise dates would be helpful for the public and for decision makers. a ‘talk the burg’ site search yielded no results.

Critchley: I am attaching copies of all surveys that we were able to locate regarding Open Air. I would note that we have surveyedvisitors to Open Air and the businesses inside and outside the footprint. We have not done a resident wide survey, however that is being prepared and will be done this year.

  1. ACOC Deputation to Amherstburg Council February 21 2023
  2. Amherstburg Open Air Weekends Visitor Survey TWEPI 2021
  3. Business Survey Open Air July 2022
  4. Business Surveys Open Air 2020
  5. Final Business Survey Open Air 2021
  6. Visitor Survey Open Air Weekends 2020

What’s On The September 19 Parks And Rec Committee Agenda?

Two calendar items are listed on the town website with four empty links to “This item has no attachments.’ It’s great that the agendas are being published sooner, but it would be better if the actual documents were attached. The town’s procedural by-law should apply equally to committee agendas.

  1. September 19, 2023 6:00 p.m. – 8:00 p.m. Parks and Recreation Advisory Committee which links to the calendar listing.
  2. September 19, 2023 6:00 p.m. Parks and Recreation Advisory Committee Meeting which links to the calendar listing with links to both HTML and PDF agendas.

The four empty links:

6. ORDER OF BUSINESS

6.1 Review of Parks Master Plan Parkland Classifications

6.2 Leisure Parkland Amenities Criteria

6.3 Municipal Parkland Tours – Leisure Parklands

6.4 Garden Program Pamphlets

What’s On The September 11 Council Meeting Agenda/Revised Agenda/Addendum/Supplementary Agenda?

This is confusing; the supplementary agenda contained drainage board minutes and then the revised agenda contained the same items and now there’s just an agenda and a revised agenda. At least some municipalities put an asterisk next to the ‘revised’ items so people can keep track of the changes and/or updated items.

Despite all the updates to the agenda, the Unfinished Business list for August states that the August Cheque Register BE RECEIVED, but it links to September Unfinished Business List.

The below is what was posted when the email notification sent out an update:

Agenda (HTML):

Go to – Agenda HTML

Agenda (PDF):

Agenda Package – Regular Council Meeting_Sep11_2023.pdf

Revised Agenda (PDF):

Merged Agenda Package – Regular Council Meeting_Sep11_2023.pdf

Revised Agenda (HTML):

Go to – RevisedAgendaHtml

Addendum (PDF):

Addendum Package – Regular Council Meeting_Sep11_2023.pdf

Addendum (HTML):

Go to – Addendum HTML

New Jack Purdie Park Swing

I posted that I’d have more to say about the Multigenerational Swing Installation Jack Purdie Park.

While the Amherstburg Accessibility Advisory Committee spent about half of the meeting discussing the proposed new LCBO, it took about two minutes for the clerk to provide a background and for the committee chair to note it looks amazing and should be standard.

The clerk advised that for a second time the Town of Amherstburg received funding through the Enabling Accessibility Fund – Youth Innovation Component and they may have to recognize the individual’s support for the community and for being such a forward thinking youth to continue to drive forward the town and its initiatives.

The agenda attachment notes, ‘We are excited to announce the ‘swing along’ installation in Jack Purdie Park, which is already getting lots of use! This multigenerational swing allows children ages 5 and under to sit face-to-face with and in close proximity to a sibling, parent or caregiver. This configuration promotes social, emotional, visual, vestibular, proprioceptive and language skill development and is a great way to teach little ones how to swing.’

My critique? The swing limits use to under age 5. Stats Canada states in 2021 there were 745 children age 0 to 4; so what about the 1670 children ages 5 to 14 who want to swing? The swing is segregated; I question how that promotes social skill development. There is no sidewalk leading up to it. The surface is soft and uneven. There is no shade. And, as mentioned in this post,

‘When adapted or specialized equipment is made available, it is often limited in quantity and engaged with alone, thereby highlighting the functional limitations of that child and further segregating them from their peers.’

canadian public health association accessibility and usability of play spaces march 2019

Evidence-Informed Recommendations for Designing Inclusive Playgrounds to Enable Participation for Children with Disabilities By: Canadian Disability Participation Project, supported by Canadian Tire Jumpstart.

How does this playground compare?

photo 1: isolated new swing

photo 2: no sidewalk to it

photo 3: the rest of the playground in the distance

In Camera Agenda Posted

There’s only one item on today’s agenda:

That Council move into an In-Camera Meeting of Council pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reasons:

Item A – Litigation Involving Identifiable Individual 

  • Section 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees; and,
  • Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

AAAC Discussed New LCBO At Length

Almost half of the one hour August 24 Accessibility Advisory Committee meeting was spent on the new LCBO site plan at the Walmart plaza.

The Municipal Property Audits, reviewed back in 2018 to 2019 will be revisited by members using the Building & Spaces Accessibility Assessment Form; – there should be no surprises regarding the lack of accessibility at the town hall and Gordon House, as I’ve pointed out numerous times.

  • Town Hall
  • Libro Centre & Property
  • Visitor Information Centre
  • Gordon House*
  • Amherstburg Public Library*
  • Gibson Gallery*
  • Community Hub*
  • *Note – Heritage features of designated heritage structures are restricted from modifications.

The Site Plan Review – 400 Sandwich St. South was discussed at length and focused on the town’s right of way and a sidewalk on Pickering. Apparently, the town asked the developer about a sidewalk several times but couldn’t demand it because it is town property and a municipal decision.

About fifteen minutes later.

Motion 1: to approve with the referring the sidewalk question to 2024 budget.

More discussion and clarification: approving it unconditionally or conditionally? waiting to hear back whether that’s going to be approved? the committee doesn’t have approval capacity – can make recommendations, endorse, but not approve. This can proceed with or without this committee’s endorsement.

Without a seconder, the motion on the floor was read: that the Site Plan for 400 Sandwich Street South be endorsed by the Amherstburg accessibility committee, and that consideration of a sidewalk on Pickering Drive from Sandwich to the proposed new LCBO store be brought to the 2024 budget deliberations. The Chair didn’t think they had a motion and asked if they did.

Motion 2: that the Accessibility Advisory Committee favours this development but calls on the developer and the town to put a sidewalk there.

More discussion.

The clerk was asked to read back the motion:

that the site plan for 400 Sandwich Street South be favored by the accessibility advisory committee and that the Accessibility Advisory Committee calls on the developer and the town to put a sidewalk from Sandwich Street South to the LCBO along the municipal right of way on Pickering drive.

More discussion. Favoured?

The motion is read again:

that the development for 400 Sandwich Street South be supported by the Amherstburg Accessibility Advisory Committee in principle, but that the Amherstburg Accessibility Advisory Committee calls on the developer and the town to put a sidewalk from Sandwich Street South to the LCBO along the municipal right of way on Pickering drive.

More discussion: Supported?

Motion amended to say that the Accessibility Advisory Committee calls on the developer and the town to build a sidewalk there.

Motion is read again:

that the Amherstburg Accessibility Advisory Committee calls on the town and the developer to build a sidewalk along Pickering drive to service the new development.

Carried.

Accessible On-Street Parking: public consultation will b held in the fall for the downtown core.

Multigenerational Swing Installation Jack Purdie Park: little discussion but I’ll have more on that in another post.

On to UNFINISHED BUSINESS and Maintenance of Tactile Surface Indicators and a motion that carried: the Amherstburg Accessibility Advisory Committee recommends that the town implement a maintenance schedule to paint tactile surface plates that have rusted.

What’s On The July 11 Council Meeting Agenda?

Another workshop for 4 pm with one item –  Community Strategic Plan.

The Summary of Findings from Surveys is not exactly representative of the community with only 208 responses of approximately 23,000 residents, or less than 1%.

On the ‘positive’ side, the Strengths section of the SWOT Analysis revealed:

Strengths | Administration

  • Improved, Effective Leadership Team and Administration: Overall, Council report a high degree of confidence in the Town Staff.
  • Positive Workplace Culture: Staff report feeling supported by leadership and the workplace culture.

Strengths | Community

  • Strong Community Identity: Amherstburg has a strong sense of identity, and the community prides itself on its “small town charm,” natural beauty, and heritage.

Oh, oh, then came the negative, the weaknesses part of the SWOT:

Weaknesses | Administration

  • Legacy of mistrust between Council, the Administration, and the Community: Amherstburg suffers from a tension arising from years of real and perceived mismanagement and breaches of public trust. Despite significant turnover among staff and Council, this continues to act as a barrier to decision making.
  • AODA Compliance: The Administration is not currently prepared for the coming AODA legislative deadlines. While steps have been taken to increase accessibility within the administration, some barriers still exist among the Town’s services, physical environment, and communications.

Weaknesses | Community

  • Amherstburg is Divided over its Future: There is a clear divide among the community in Amherstburg over its future and identity – especially as it relates to tourism and managing growth. While the majority is not opposed to growth in the abstract, tensions remain as to the “type” of town Amherstburg is becoming or should become.
  • Tensions over Diversity and Inclusion Efforts (DEI): While the Town has taken steps to advance DEI within the administration and Town, there remain unresolved tensions in some parts of the community over diversity and inclusion issues.

The result of the workshop will be this DRAFT Strategic Framework.

My feedback on the survey to Strategy Corp was that there is no mention of accommodating people with disabilities if pop up events pose barriers, as does the online survey. it was disappointing to see accessibility as an item separated from the DEI, but a number of the disability community know too well that accessibility is not usually a part of DEI.

Strategy Corp answered, While I do understand that accessibility is considered a key part of DEI, our previous engagement up to the survey development has indicated that accessibility, in particular, is a concern and priority for the Town. We therefore thought it appropriate to include it as a distinct option for residents to prioritize. As you rightly point out, not everyone realizes accessibility is a key part DEI efforts.

I wrote back that I would have to emphatically disagree that ‘accessibility, in particular, is a concern and priority for the Town’ based on history.

My actual survey answers do not appear to be included, but Strategy Corp did note, ‘It is not an exhaustive list of everything we heard.’

Compliance Is Key

Shouldn’t compliance with legislation be key instead of perceptions? This is a follow up to my June 17 post, How Many Members Of Council Can Attend An Event?

CAO Critchley stated we have found that it’s the “perception” of the situation that is the key and, as we have received Closed Meetings Complaints in the past due to such perceptions, we like to err on the side of caution.

I believe the Ombudsman investigated the Town of Amherstburg and reported his findings based on compliance issues and not perceptions.

From the Ombudsman Ontario website:

Town of Amherstburg – “Behind Closed Doors” council repeatedly contravened the Municipal Act and its own procedure by-law. Council discussed issues in closed session that were not permitted under the exceptions to the Municipal Act, and also routinely engaged in improper voting behind closed doors.

Town of Amherstburg improperly held a vote during an emergency closed meeting in February 2011.

Town of Amherstburg the subject matter discussed in camera was permitted; however, Council did improperly vote during the in camera session of the November 26, 2012 Council meeting.

Town of Amherstburg council violated the Municipal Act when it discussed bank signing authorities in closed session under the “personal matters” exception on December 10, 2014.

Town of Amherstburg Joint Police Advisory Committee (JPAC) failed to comply with its terms of reference in closing several meetings using the security of the property exception. The Ombudsman found council violated the Municipal Act in closing a meeting under the security of the property exception.

Town of Amherstburg contravened section 239(4)(a) of the Act on September 13 and November 16, 2021 by failing to state by resolution the general nature of the matters to be considered in camera. The Town also contravened the requirements of section 239(7) of the Act by failing to keep a record of what occurred in camera on November 8 and November 16, 2021.

Town of Amherstburg council contravened the Municipal Act, 2001 and the municipality’s procedure by-law when it approved accounts payable over email in December 2014 and January 2015. Council’s collective email discussion and approval of the accounts constituted a meeting for purposes of the Municipal Act, which was closed to the public and did not fall within any of the Act’s permitted exceptions.

On October 14, 2015, the exception for personal matters in s. 239(2)(b) cited in the resolution to close the meeting did not apply to the discussion of a legal fee reimbursement. 

On October 26, 2015, council’s discussion fit within the exception for personal matters about an identifiable individual in s. 239(2)(b), only because council referenced extraneous personal matters throughout the discussion. Had council limited its discussion to the item stated in the resolution, the discussion would not have fit within any of the exceptions to the open meeting rules.

Recommendation 2

Members of council for the Town of Amherstburg should avoid exercising the power or authority of council or laying the groundwork to do so through email communications.