Hotel Dispute Hearing Public Notice

The public notice sets out all necessary details to view the October 6, 10:00 am hearing regarding the Zoning By-law Amendment application council approved in May for the boutique hotel at 256 Dalhousie.

From the OLT: Please note that as per Rule 22.5 of the Ontario Land Tribunal Rules of Practice and Procedures, recordings of hearing events – photograph, motion picture, audio, video, or otherwise – is not permitted unless the presiding Tribunal Member authorizes the recording. However, approval would be subject to conditions that no distribution or public re-playing of the recording occurs, and it does not constitute an official transcript of the hearing or a record for use in any subsequent proceeding. Additionally, as per section 29 of the Statutory Powers Procedure Act, persons found improperly recording hearing events before the OLT and/or distributing those recordings may be liable to a fine of up to $25,000.

Regional Garbage Plan Dumped

What a waste. There were some long winded speeches during the Amherstburg town council meeting that resulted in the predictable 4-3 vote. Councillor McArthur mentioned ‘economies of scale’ five times; Crain once. Meetings would be more efficient if members would refrain from sharing personal anecdotes – do we really need to know the mayor freezes fish heads or what a councillor’s favourite coffee is and his thoughts on disposing of coffee cups? And, wouldn’t it be so refreshing if staff just answered yes or no to a question? Even better, can members just ask a question without a speech?

To move forward a majority of town councils had to vote in favour. Last night LaSalle and Lakeshore voted no, joining no votes from Essex and Kingsville. Amherstburg, Leamington and Tecumseh voted in favour.

How To Complain About Your Municipality

The Ombudsman OntarioEvery municipality states every municipality should have a general complaint policy approved by council and posts a brochure titled, Tips for Municipal Complaint Resolution Policies. I was unable to find an Amherstburg Municipal Complaint Resolution Policy on the town’s website.

The Ontario Ombudsman is an office of last resort so the first step is to complain to the municipality, the CAO for example and, if not satisfied, then complain to the Ombudsman by filling in a simple online complaint form.

Council Questioned On Procedural By-law

On September 24, I emailed questions to all members of council.

Councillor Pouget emailed CAO Critchley this morning, These are all very good questions and I for one, would appreciate answers to them, concerning our new procedural by-law.  When time permits, will you or one of your staff please respond to all copied in this email?

Critchley answered the questions this morning.

the burg watch: how was it determined that Mr. Bolger will be a ‘presentation’ at the September 25 council meeting instead of a ‘delegation’ when presentation is not defined in the by-law and he will be speaking to an agenda item like a delegate? 

Critchley: A “presentation” is a form of a delegation and so the rules for delegations apply equally. Mr. Bolger registered within the time frame set out in the Procedure By-law and notice of the delegation was made public with the revised Agenda which was posted on Friday.

the burg watch: please explain the stipulation that a unanimous vote is required for council to waive the rules to allow audience members to speak freely.

Critchley: The new Procedure By-law has been changed to state that Agendas will now be posted publicly 10 days before a Council meeting. With this change, members of the public have ample time to review the Agenda and determine if they wish to register as delegations (by noon on the Friday preceding the meeting). Given this expanded timeline, there should be very few situations where someone cannot register to delegate in a timely manner. As such, there is now a rule that there must be a unanimous vote of Council to waive these rules. I would note that having procedures around delegations is a normal part of public meeting management that reflect municipal best practices, and that they are needed in order to run an orderly and professional meeting.

the burg watch: did members give any consideration to ontario human rights code accommodations of persons with disabilities when voting to approve the new by-law?  

Critchley: I cannot speak to what each member of Council considered when voting on the new by-law. However, I will say that, had any member asked if the new rules complied with the Ontario Human Rights Code, I would have advised them that it does. There is nothing in the new rules that would prohibit a person with disabilities from registering as a presentation or delegation and the Town’s Procedure By-law is in keeping with municipal best practices. 

the burg watch: on what date did members of council give direction to admin to update the by-law?

Critchley:  August 14, 2023

the burg watch: and, since my september 8 email has not been answered, would you please describe the procedure for delegates to council meetings regarding items that do not appear on the agenda?

Critchley:  By “items that do not appear on the agenda” I am assuming you are referring to items raised during “new business”. Should a member of Council raise an item at this portion of the meeting that someone wishes to speak to, Council can direct that a report on the item be prepared for a future meeting and delegations will be able to register to speak to those items in accordance with the Procedure By-law.

the burg watch: The by-law should have defined presentation and the public should have been consulted during the draft stage, a best practice other municipalities utilize. Nowhere can I find the ‘unanimous’ rule; and obviously, you cannot speak to what each member of council considered when voting. My questions were addressed to the members who, as you all know, are mandated to ‘develop and evaluate the policies and programs of the municipality.’

Inconsistent Evaluation Tours

Some of the accessibility committee’s 7 members will tour 7 facilities over the course of the next year while ALL of the parks and rec committee’s 9 members will tour ALL 24 parks by the end of the year.

Three members of the two committees are the same: Shirley Curson-Prue, who chairs both, and Councillor McArthur and Tony Pietrangelo.

At the August 24 Accessibility Advisory Committee meeting, Pietrangelo noted the document title is municipal property audit locations and asked if playgrounds are municipal properties. The clerk advised they do playground audits as well; they were just waiting on the AODA standards to be updated and that it’s anticipated within a year or so that might move forward for legislation.

At the September 19 Parks and Recreation Advisory Committee meeting, members viewed a document wherein accessibility was mentioned twice in quotes from the Parks Master Plan, currently being updated:

  1. To reflect the evolving role of parks in the Town – including a greater emphasis on events, passive uses and accessibility – a new system for classifying parks in Amherstburg has been developed. 
  2. It is essential that parks are inclusive and barrier-free, as guided by the Accessibility for Ontarians with Disabilities Act (AODA). To ensure that the parks system is able to serve people from all segments of the community, accessible seating, washrooms, shade (structures and trees), parking, connections to key destinations and safety must be prominent considerations.

Using the Assessment Form, the accessibility committee will tour:

  • Town Hall
  • Libro Centre & Property Tony Pietrangelo, Councillor McArthur
  • Visitor Information Centre Christine Easterbrook
  • Gordon House
  • Amherstburg Public Library Tony Pietrangelo
  • Gibson Gallery Christine Easterbrook
  • Community Hub Tony Pietrangelo, Christine Easterbrook

Prue thought the biggest contention is probably the town hall and suggested they don’t need to do that first because they have the data from the last round.

Christine Easterbrook mentioned she’d never been in the Gordon House, the Gibson Gallery and the community hub. She also asked if they need to do the police station again; the clerk advised it wasn’t included because its public facing areas have been reduced significantly since COVID and it really is only a vestibule.

The parks and rec committee will tour:

  • Alma West Lookout
  • Anderdon Park
  • Angstrom Park
  • Bar Point Park
  • Beaudoin Park
  • Belle Vue House
  • Bill Wigle Park
  • Briar Ridge Park
  • Canard Estates
  • Centennial Park
  • Co-An Park Golfview Park
  • Jack Purdie Park
  • King’s Navy Yard Park
  • Libro Credit Union Centre
  • Malden Centre Park
  • North Gateway
  • Ranta Memorial Park
  • River Canard Park
  • Scodeller Park
  • Seagram’s Garden
  • South Gateway
  • Thrasher Park
  • ‘Toddy’ Jones Park
  • Warren Mickle Park
  • Waterfront Property Project

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