Tag Archives: amherstburg

New Jack Purdie Park Swing

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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

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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

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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?

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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

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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.

Amherstburg Residents Forum

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The River Town Times reports the Amherstburg Residents Forum brought three concerns to Amherstburg town council on June 12. Read the article.

Nancy Atkinson’s request to delegate, on behalf of the group, was unsuccessful. Hear Delegate Request Discussion June 12, 2023 Council Meeting.

Council waived rules to allow Nancy Atkinson to speak regarding:

  1. the new no parking sign in front of the Navy Yard Park at Richmond and Dalhousie
  2. a Routine Disclosuure and Dissemination of Information Pollicy
  3. the Senior Centre on Victoria Street.

Atkinson thanked Deputy Mayor Gibb and Councillor Crain for attending the Residents Forum May 25 meeting.

Hear Deputy Mayor Gibb On Dalhousie Street No Parking Sign comments in response to Atkinson’s June 12 council meeting presentation.

Strategic Planning Presentation Request Answered

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You might remember that I requested a copy of the April 18 Strategy Corp. slide presentation to Amherstburg town council and CAO Critchley advised, As the slides used by Strategy Corp are proprietary information, should you wish a copy of the presentation, please submit an MFIPPA request.

In an email to council and Critchley, I strongly urged council to enact a Routine Disclosure Policy, but no responses were received.

The May 17 Essex County Council Strategy Corp. slide presentation was attached to the agenda.

On May 18, I emailed Strategy Corp. and mentioned how the slides were not on Amherstburg town council’s April 18 agenda. I requested a copy of the Amherstburg presentation and requested permission to post it to my blog for my readers.

On May 18, my email was acknowledged and it would be looked at.

On June 9 I followed up to find out if the public can access the Amherstburg presentation the same way the public accessed the county presentation.

On June 17 I followed up again. And, upon completing the Strategic plan survey, I added, ‘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.’

On June 20, Strategy Corp. emailed: In response to your more recent comment, we have been directing folks who require accommodation to reach out to the town directly at 519-736-0012 or accessibility@amherstburg.ca. This had been included in promotional material but was missing from the webpage. I have updated the webpage to include those instructions, so thank you for bringing that to our attention!

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.

Finally, I do apologize again about the delay on the presentation. This type of material has historically been considered proprietary, and that is why it was not attached to the Council agenda for April 18. However, the presentation itself was recorded in an attempt to maximize transparency for residents interested the process being undertaken. I will follow up with my colleagues about what we are able to share with you directly, and get back to you this week.  

On June 20, within an hour, Strategy Corp. emailed, these slides are considered proprietary and I was asked to direct my readers to watch the full presentation to Council on the Town’s website here: April 18th Special Council Meeting Video. I’ll note we had some brief technical difficulties during the presentation and so the presentation gets going around the 6-minute mark.

Related: Strategic Planning Presentation – File an FOI Request

How Many Members Of Council Can Attend An Event?

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No, it’s not a joke. When I emailed CAO Critchley about the June 10 Libro Celebration of only two amenities, instead of the three advertised, I also commented: I noticed that 5 members of council attended on June 10. where would i find guidelines? at monday’s council meeting when counclllor pouget asked about touring the seniors’ centre, didn’t you say only three could attend?

CAO Critchley: With respect to the attendance of the 5 members, that is fine at an event such as this if the business of the municipality is not discussed or furthered  in any way –ie. policy or decisions are not being debated or made.  The Senior Center is not yet complete and so, it is possible that discussions of this nature could happen and so out of an abundance of caution we like to organize them in groups of 2 and 3.

the burg watch: thanks. i would hope that members of council are trained and fully aware of when they can and cannot discuss the business without constant and/or guidance.

CAO Critchley: Thanks for your further email.

Certainly members of Council do receive all of that training but 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.

Libro Walking Trail Not Celebrated On June 10

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I sent the following email to CAO Critchley and members of council on June 15.

i’m writing to request an explanation for the town not celebrating all 3 Libro Centre amenities on June 10. the town referred to celebrating all 3 and instead celebrated 2. am800 reported, in part, “The Town of Amherstburg is getting ready for a day of celebration. It will take place on June 10 at the Libro Centre to mark the official opening of its three new outdoor amenities. Councillor Don McArthur says the town is celebrating its new Skate Park, Bike Trail and Nature Trail. He says the Skate Park and Nature Trail are already up and running with the Bike Trail opening closer to the celebration. McArthur says he was on the three-kilometre nature trail on Monday. I took my dogs for a walk and I’ll tell you, there’s always people walking on that trail with their dogs, with their families, it has a beautiful view of Big Creek,” says McArthur. “It really is stunning.”

CAO Critchley’s answer, received today is: This was an operational decision and the Libro Trail project will be celebrated in the future.

Hear Delegate Request Discussion June 12, 2023 Council Meeting

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Listen to part of the audio regarding delegates’ request to be delegates at the June 12 meeting, as mentioned in the post about Deputy Mayor Gibb’s comments,

Unofficial transcript:

June 12, 2023 Delegations Discussion

Mayor Michael Prue  We’ll pass that and then we’ll go back if necessary. All those in favor? That’s carried. Anybody want to hold any of those for amendment, change? Okay. I now have delegations, oh, Councillor Pouget.

Councillor Diane Pouget  And, but I just had some concerns that we’re still just approving minutes from the January 23 meeting and January 30 meeting. I understand that we were short staffed at one time and now that we have our full complement, I’m prepared under new business to make a motion to make sure that it’s more that we’re receiving the minutes more timely.

Mayor Michael Prue  Okay, we are now full staffed and this is four minutes in one meeting so I think they’re catching up as fast as they can. But thank you, thank you for the note. Delegations. Madam CAO, there was there’s we don’t have any listed but I understand that there was a request. The clerk, uh Mr. Clerk on zoom there, can you inform council?

Clerk Thank you your worship. Yep, the town did receive a number of requests for delegations in advance of this meeting. Some have been deferred off until the next meeting as they were incomplete or had missed the timeline. And at present, they are scheduled to be reviewed for placement at our next council meeting.

Mayor Michael Prue  All right. Then there, I guess. I see a couple of hands are Councillor MacArthur first.

Councillor Donald McArthur I know that I received a note earlier today from somebody who wanted to speak on the pickleball issue. I’m not sure if they’re in the audience tonight. And I had informed them that sometimes counsel waives the rules. So we just we just need to know if anybody, I want to hear from pickleball players if they’re here tonight.

Mayor Michael Prue Councillor Pouget.

Councillor Diane Pouget Thank you and Nancy Atkinson had requested to speak and she’s here tonight and I understand she wants to speak to also.

Mayor Michael Prue Okay, all right. And again, I’ve heard those two but before we deal with them, I understand that the clerk who was on Zoom tonight had had something he wishes to inform council about.

Clerk Certainly, so, yeah, in terms of Ms. Atkinson’s delegation requests. So we have received an initial request, was not complete. And then more fulsome submission was provided although it still lacks considerable detail. So we did provide that that would be held in advance and could come forward from the next meeting should sufficient detail be provided. So certainly, that is still in the works and is still working its way through the procedural bylaw in accordance with councils direction.

Mayor Michael Prue  All right. So now I Councillor Courtney.

Peter Courtney Through you to the clerk. Yes, I too have spoken with Mrs. Atkinson. She told me the back and forth that was required. I guess my question to you is how descriptive; are we looking? Are we looking for a template that says, Hi, my name is so and so, and they got to read exactly verbatim. What? Because we can all read that on the agenda. But again, I’m confused on what protocols and procedures to be a delegate but to me the way it was explained and again I’m not taking any sides here. It seemed pretty robust and stringent on expectation. So for instance, I could submit something a one paragraph say this is what I want to say to council. And that’s all I want to present. And then they get to the lectern and they can pretty well add lib or go off of questions and answers and all those other things and really speak about anything they want. And there’s not really too much we can do. So I guess in regards to the scrutinizing or screening of delegations, what realistically is needed by law to allow our residents to speak freely in our democratic society? That’s all.

Clerk yeah. Certainly the you know, our office does take that seriously as civic participation is, you know, sort of what we do. The original submission itself did not even include the subject matter for which the delegate wished to present. That was provided, but of course that was provided after the agenda had been created. And was outside of the timeline. So certainly, any submission should at least speak to what it is that the member wishes to discuss. And usually it would include some sort of proposal or action item for council on that matter, so

Peter Courtney I can, I can appreciate that. So if she was trying to be a delegate, and she sent the information off, but you knew the intention was to be a delegate for this. Could we not assume is it appropriate content for this council to hear tonight, since this was the desire of the resident, now that you have it even if it’s after the protocol, because we waive the rules, we’re going to waive it for pickleball and this person tried to actually follow the process and procedures.

Mayor Michael Prue It’s at the discretion of Council and we haven’t waived, we haven’t I’m going to deal with both of them, one after the other. Okay. So if Council wishes to waive the requirements, the clerk is telling you what the requirements are and that they were not met but Council can waive them and so I’m going to deal first of all, with a request of Councillor MacArthur, to waive the requirements to hear deputants on Pickleball is that your motion? Is there a seconder to that? Councillor Crain? Is there any discussion on that? All those in favour? That’s carried. We’ll now hear the residents, any of you who wish to speak on the pickleball issue?