Tag Archives: amherstburg

Agenda Accessibility Advisory Committee April 27

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The agenda for the first meeting of this year/term is now posted on the town’s website and contains empty links which to me indicates a lack of transparency and accountability.

I have suggested training in procedure and have raised the issue of empty agenda links with no attachments. I advised then-CAO Simmons of a recurring problem that i previously mentioned. The agenda contains links to no attachments; for those who are interested in observing the meetings, having to rely on audio without being able to read any documents is a barrier to participation and accountability.

Simmons responded, thank you for bringing them to our attention and we will endeavour to make improvements including not leaving links devoid of information.

And it continues with this agenda: I counted 14 empty links.

Nomination of Chair and Nomination of Vice Chair contain two empty links.

The presentation, Amherstburg Accessibility Advisory Committees (AAAC) and the Accessibility for Ontarians with Disabilities Act (AODA) is an empty link to 6.1  Amherstburg Accessibility Advisory Committees (AAAC) and the Accessibility for Ontarians with Disabilities Act (AODA).

This item has no attachments.

ORDER OF BUSINESS is an empty link to 7. ORDER OF BUSINESS.

This item has no attachments.

7.1 Accessibility Advisory Committee Work Plan is an empty link to 7.1  Accessibility Advisory Committee Work Plan.

This item has no attachments.

7.2 Multi-Year Accessibility Plan is an empty link but the pop up link does work: 2022 07 04 – 2021 Multi-Year Accessibility Plan.pdf

7.3 Committee 2023 Meeting Schedule is an empty link; the pop up window contains a link that works but colours should be reviewed. 2023 Calendar of Committee Meetings.pdf

7.4 Accessibility Audits of Town Property and Parkland is an empty link to 7.4  Accessibility Audits of Town Property and Parkland.

This item has no attachments.

8. NEW BUSINESS is an empty link to 8.  NEW BUSINESS.

This item has no attachments.

9. ADJOURNMENT is an empty link to Adjournment.

This item has no attachments.

Short Term Rental Meeting Post Review

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It would be so much more enjoyable, and less time consuming, if council meetings were conducted with more decorum – less speeches, personal anecdotes and repetitive comments and my pet peeve – staff appreciation. I understand the importance of council/staff relations, but offering kudos and thanking staff for a report? applauding staff for reading comments into the record?

As recently as the March 14 post, Open Air Post Review To Council, copied to council, I offered kudos to Councillor Pouget for consistently acknowledging the town’s legal obligation to comply with provincial legislation, specifically, the AODA and Human Rights Code.

At the April 17 meeting, Short Term Rentals, Councillor Pouget raised a concern regarding the accessibility issues: According to the provincial government guidelines do mention accessibility legislation, including the Human Rights Code for short term rentals. Pouget asked Mr. Tetler has that been taken into consideration?

Mr. Tetler said these properties would need to be brought into compliance with the Fire Code and the Ontario Building Code so he couldn’t speak to what each property would have at this time.

Councillor Pouget said she was basically referring to the Accessibility Act, according to the provincial government,

CAO Crtichley explained the Building Code has specifications for what has to be in properties to comply with AODA so these homes will need to be in compliance with the Building Code.

As I mentioned on March 13, the Human Rights Code has primacy over all other Ontario legislation.

I repeat today, kudos to Councillor Pouget for consistently acknowledging the town’s legal obligation to comply with provincial legislation, specifically, the AODA and Human Rights Code.

On March 14, Deputy Mayor Gibb spoke about his in-laws, as he did yesterday, in reference to where family members live, in Blue Mountain, and when they come to Amherstburg to visit his in laws.

As council’s rep on the Accessibility Advisory committee, Councillor McArthur should have advocated for the removal of barriers.

Councillor McArthur offered kudos to the bylaw department while Councillor Crain wanted to thank staff for their work on this. A staff member listed about twelve municipalities that were looked at. Shouldn’t all of the research been included in a ‘fulsome’ report so council was more informed?

Councillor Allaire shared her personal experience of what she prefers as a renter and was in favour of Option C.

I counted four members of council who encouraged people to continue contacting authorities to report disturbances.

Revised Agenda Short Term Rentals April 17

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There are now six delegations for the 5:00 pm meeting listed on the revised agenda regarding the Administration Report, Appendix “B” OWNER OCCUPIED and Appendix “C” Not Owner Occupied. The pages are not numbered.

The provincial guide for municipalities that are considering regulating home-sharing in their communities does mention accessibility and provincial legislation.

Short Term Rentals On April 17 Council Agenda

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There is one delegation, Peggy Thompson, to provide some well researched input on Short Term Rentals.

Some Boblo Island residents have submitted a petition requesting any and all short term rentals be prohibited on the island.

A committee is recommended ‘to address any appeals’ but the report continues that the committee would have full authority to make decisions on applications and appeals relating to licensing matters.

I couldn’t find any mention of accessibility in the Administration Report or Appendix “B” –OWNER OCCUPIED and Appendix “C” – Not Owner Occupied.

The provincial guide for municipalities that are considering regulating home-sharing in their communities does mention accessibility and provincial legislation.

Provincial Act

Accessibility for Ontarians with Disabilities Act, 2005 (AODA)

Integrated Accessibility Standards Regulation (IASR), O. Reg. 191/11

Ontario has laws to improve accessibility for people with disabilities. The Accessibility for Ontarians with Disabilities Act (AODA) is a law that sets out a process for developing and enforcing accessibility standards.

Accessibility standards are laws under the Integrated Accessibility Standards Regulation that government, businesses, non-profits and public sector organizations must follow to become more accessible. They help organizations identify and remove barriers to improve accessibility for people with disabilities in 5 areas of daily life in the areas of transportation, customer service, employment, information and communications and in the design of public spaces.

Application

The AODA and its related accessibility standards applies to every person or organization that provides goods, services or facilities to the public or other third parties and that has at least one employee in Ontario. Accessibility requirements and deadlines depend on the type and size of your organization.

If an organization has one or more employees, the organization must adhere to the accessibility requirements under the AODA and its standards. Sole proprietors or self-employed individuals who do not have employees are exempt from having to comply with the AODA and its accessibility standards.

Notices – Proposed Zoning Bylaw Amendment 256 Dalhousie

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There also seemed to be some confusion regarding the Notices sent out for the Black Dog Entertainment application.

Councillor Pouget thanked Mr. Parks for his appearance and summarized their March 27 conversation and how she attempted to obtain answers, She asked if he received a letter from the town as he was supposed to regarding this?

Mr. Parks said he had not. It was Councillor Pouget’s understanding that three letters were mailed by Canada Post to the owners of all properties within 120 meters of the proposed development on March 15 2023; yet none of them have received it and they live immediately next door.

Mayor Prue then referred to a list showing every single one that was mailed out to, including every single unit in the Salmoni building.

Councillor McArthur asked if they could hear from staff and Mayor Prue wondered if the planner could explain and verify that these letters were sent out.

Chris Aspila, Dr. Planner, as he called himself, confirmed letters were mailed out March 15, 2023 by staff. 

A member of the audience asked how many to 252 were mailed out?

Mayor Michael Prue said it was a reasonable question, how many went to the Salmoni building?

Dr. Planner said all of the letters that are indicated in the appendix showed the roll numbers and the information of who was notified by the staff; it’s attached to the report. Aspila then said the Planning Act notices were required to go to the condo Corporation rather than the individual property owners.

I found one on the list sent to 252 Dalhousie Street.

Listen to the audio:

O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS under  Planning Act, R.S.O. 1990, c. P.13 section 4 states, in part:

(4) Notice shall be given,

(a) by personal service or ordinary mail, to every owner of land within 120 metres of the subject land, subject to subsections (5) and (6); and

(b) by posting a notice, clearly visible and legible from a public highway or other place to which the public has access, at every separately assessed property within the subject land or, if posting on the property is impractical, at a nearby location chosen by the clerk of the municipality or the secretary-treasurer of the planning board.  O. Reg. 545/06, s. 5 (4).

(6) For the purposes of clause (4) (a), if a condominium development is located within 120 metres of the subject land, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 7 of the Condominium Act, 1998, instead of being given to all owners assessed in respect of the condominium development.  O. Reg. 545/06, s. 5 (6).

(7) Notice shall be given by publishing a notice in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the proposed by-law would apply that it would give the public reasonable notice of the public meeting or open house, as the case may be.  O. Reg. 545/06, s. 5 (7).

(8) Every person and public body that has given the clerk of the municipality or the secretary-treasurer of the planning board a written request for a notice to which this section applies (including the person’s or public body’s address, fax number or email address) shall be given notice by personal service, ordinary mail, fax or email.  O. Reg. 545/06, s. 5 (8); O. Reg. 179/16, s. 2 (1).

Robert Brown’s Planning Report – 256 Dalhousie

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There seemed to be some confusion at the April 11, 2023 Special Council Meeting regarding the proposed Zoning By-law Amendment for 256 Dalhousie Street.

The Notice stated that comments had to be submitted by Thursday, April 6, 2023 before the meeting and would be read aloud prior to the application being heard by Council.

Mr. Robert Brown, a professional planner, spoke at the April 11 meeting on behalf of some Salmoni building residents. Brown said he provided some information to council and wanted to summarize it. He referred to the town report that included several pages of support but it seemed to not include comprehensive feedback that he submitted on behalf of his clients on April 3.

The April 11 agenda included several attachments; one was a Summary of Correspondence Received on Proposed ZBA for 256 Dalhousie Street by the Planning Services Division as of March 30, 2023.

Councillor Pouget asked about Mr. Brown’s submission; listen to the audio recording.

Brown said he sent a separate submission to planning on April 3. Councillor Pouget asked if council received his entire submission. Councillor Linden Crain said he trusted the clerk, that it’s in Sharepoint.

I requested, and received, a copy of Robert Brown’s report. I deleted personal information.

Windsor Police Comments – 256 Dalhousie ZBA

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I requested the Windsor Police report regarding the proposed zoning by-law amendment for 256 Dalhousie Street, which CAO Critchley provided.

On Wednesday, March 15, 2023, 3:06 PM, Renee Guthrie, Town of Amherstburg, emailed the following to local agencies, including Barry Horrobin, Windsor Police Service:

As per Planning Act regulations please find attached for your information and comment the circulation of a notice of public meeting and supporting documents for; 

  • Proposed ZBA at 256 Dalhousie St.
  • Proposed ZBA and OPA for 320 Richmond St.

We will be holding the statutory public meeting on April 11th and would like to request you provide the Town with any comments you may have by March 22nd, 2023. 

On March 17, 2023, 9:32 AM, Barry Horrobin emailed:

My comments for these two applications are as follows: 

256 Dalhousie Street 

The Windsor Police Service has no concerns or objections with the proposed Zoning By-law amendment for this property. The end result from this will not inhibit emergency response or police service delivery capability and is not anticipated to create any negative public safety consequences. 

320 Richmond Street 

The Windsor Police Service has no concerns or objections with the proposed Official Plan and Zoning By-law amendments for this property. The end result from this will not inhibit emergency response or police service delivery capability and is not anticipated to create any negative public safety consequences. 

I have requested a copy of the Windsor Police report by Barry Horrobin that formed the basis for his comments.

Still Awaiting Answers

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I emailed members of council,

t’s now been one week since I requested a comment for my blog regarding Emails to council read by Administration about the history of this: For how long has this practice been occurring? When and why was it initiated and by whom?

it’s now been four weeks since I requested a description of the undue hardship the town would endure if all the Open Air barriers were to be removed so everyone could equally participate in the community, on and in publicly owned public spaces, as i explained on Monday, March 13, 2023.

Then-Councillor Now Mayor Prue On Gordon House Accessibility

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This is what I call a flip flop. Then-Councillor Prue spoke about the Gordon House not being accessible, campaigned to ensure all town buildings are accessible to facilitate an open and inclusive municipality, then agreed the Gordon House should be repaired – not a word about accessibility during that discussion. No answer to a question about it either. 

Then-Councillor Prue made these comments at a December 2021 council meeting:

very brief questions, the act, the Ontarians with Disability Act, is nearly 20 years old, and January 1, 2025 everything’s supposed to be in place and I’m just wondering, do we have time or what are the plans for this year we’re going to be at 2022, what are the plans for this year for the buildings that are not accessible? This one is not accessible. The tourist facility at the Gordon house is not accessible. The two that come immediately to my head these are big capital expenditures or maybe we have to move I don’t know but have we got time to do it? Are you putting Are you going to recommend a lot of money for this year or possibly next year’s budget because a fair amount is going to have to be spent because we can’t wait any longer. (emphasis added). (audio) 

January 2022, then-councillor Prue commented:

I don’t know that we have not done everything as a council we should have done to help the many people who live in Amherstburg to have accessibility to our town and to its services. I’ve said this to council before I was the initial speaker in the legislature on this and I was very unappreciative of the fact it was taking 21 years to come to fruition, but that’s about to happen now.

2022 Campaign website Prue working for you: Priorities included Ensure all town buildings are accessible to facilitate an open and inclusive municipality.

February 12, 2023 Email to all members of council when agenda was published:

it’s hard to rationalize the grant application to spruce up the Gordon House. ‘Inclusive’ and ‘diverse’ seem to be the newest buzz words, but we can’t be an inclusive, welcoming community if we exclude people with disabilities. why is the tourism department not based in the tourist booth on the highway where the building is actually welcoming without barriers? will heritage once again take precedence over accessibility?

February 13, 2023 Mayor Prue commented during the discussion of grants, including funding for the Gordon House to complete the painting and siding, install a storage shed and replace windows.

any other discussion? Seeing none I’ll pass the gavel just for a second. I’m going to vote with the recommendation that’s just been made because this I have never been on this council or seen anybody on this council even in the past look away from money that a senior level of government is going to give to the municipality. This does not bind us to anything. If they want to give us 50 or $100,000 or whatever it is, I think we should take it. You know we have the Gordon house is the oldest building. It’s in need of some structural repair. For sure we need an economic development slash communications officer. And if this helps us to move along, then I think we should and I’ll take the gavel back. Any other discussion? All those in favor? Opposed? Carries. (emphasis added).

February 15, 2023 Email to all members of council after the vote:

i predicted council would confirm the importance of the Gordon House, but i would still appreciate an answer to my question: why is the tourism department not based in the tourist booth on the highway?

Councillor Crain: Tourism Windsor-Essex operates the tourism booth during the summer months as an information centre.

The burg watch: thanks, but that doesn’t answer my question.

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

Disclaimer: the information is presented as is according to my notes. videos are available at the town’s website.