Hear Delegate Request Discussion June 12, 2023 Council Meeting

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?

Hear Deputy Mayor Gibb On Dalhousie Street No Parking Sign

Nancy Atkinson requested delegate status at the June 12 town council meeting, although she was not listed on the agenda. However, she was allowed to speak once council waived the rules, as it had already done for a pickle ball rep.

Ms. Atkinson, representing the Amherstburg Residents Forum mentioned three concerns, Deputy Mayor Gibb responded regarding the new no parking sign on Dalhousie Street.

Listen to part of the audio from the June 12, 2023 town council meeting.

Unofficial transcript:

Deputy Mayor Chris Gibb  Thank you worship. I’m going to be angry at myself if I don’t say this. So later on I’m I’m as the deputant said, I can look in the mirror. I have a lot less faith in the fact that people are trying to suggest this is a parking issue. And I want council to know, I suspect this has everything to do with a hotel that was recently approved, and that’s why people want to get rid of that parking spot, or they want to make it physically impossible. I listened to you when you spoke.

Mayor Michael Prue  Please, please, please. 

Deputy Mayor Chris Gibb  There’s your deputant. 

Mayor Michael Prue  Okay, no, no, please, please.

Deputy Mayor Chris Gibb  I just want council to know that’s what I suspect this is all about. And council needs to know that before they ask for more staff time on a report for later on.

Mayor Michael Prue  No, no, no, I’m not. No, I’m sorry. I’m not. No, you made your deputation. This is now the prerogative of Council. We have a motion on the floor. After after the motion was put on the floor. I can’t I can’t allow that. It belongs it belongs to council. Okay. Councillor Allaire.

Comparing Amherstburg To Other Municipalities: Inclusive Communities Grants

The Town of Amherstburg applied for, and received $60,000. from the provincial Inclusive Communities Grants Program that helps communities become more inclusive and accessible for people of all ages and abilities.

Ontario.ca:

“The Inclusive Community Grants Program helps ensure local governments and community organizations consider Ontarians of all ages and abilities at every stage of community planning and development. Inclusive communities respond to both the opportunities and challenges of an aging population by:

  • creating physical and social environments that support independent and active living
  • enabling older adults and people with disabilities to continue contributing to all aspects of community life

Ontario’s Inclusive Community Grants Program supports community projects that:

  • benefit local communities
  • promote accessibility, safety and active living for people of all ages and abilities
  • meet the needs of seniors and people with disabilities.”

In a report to council, then-Clerk Paula Parker stated, the primary purpose of this initiative is to help Amherstburg to become an age-friendly community by ensuring that the needs of the residents of all ages and abilities are considered in every stage of community planning and development. The Town will engage a consultant to complete a Needs Assessment and Action Plan which will involve obtaining direct input from those most affected, seniors 55+, older adults 65+ and persons with disabilities and disenfranchised populations in the immediate region, community stakeholders, including municipal officials, local businesses, and providers in the recreational and health sectors.

At the Regular Council Meeting Monday, April 12, 2021, Councillor McArthur congratulated town staff for getting up to $60,000 from the province to be spent on seniors’ initiatives and asked what are we going to spend the money on?

Then-CAO Miceli explained we are going to be spending money basically developing a Seniors Master Plan showing the services and the needs of seniors in our community, a more inclusive and welcoming community for our seniors. The work plan will develop a significant amount of public consultation with our seniors groups, throughout various locations in Amherstburg. At the end of it all we’re going to have a plan that’s going to be a guiding document for council on what our seniors would like to see in our community of Amherstburg.

McArthur said we’ve been after this seniors master plan for a while and asked what the timelines was. Miceli said the timeframe to complete the project would be spring 2022. 

A committee was formed, a consultant was hired and the Inclusive Community Program (ICP) Final Report and the 2022 03 23 ICP Needs Assessment and Action Plan were presented to council on March 28, 2022. At the same meeting, it was recommended that: The Seniors Advisory Committee composition BE REDUCED by one lay member.

OTHER MUNICIPALITIES USED THE GRANT for a variety of projects, including accessible kayak launch, beach access mats, inclusive picnic tables, accessible pathway,  several accessible washrooms, upgrade accessible trails to meet AODA standards, making outdoor spaces and public buildings more accessible, accessible charging stations in local parks, accessible (CNIB) approved signage and resting benches,

Read the full listing: A total of 55 projects received an Inclusive Community Grant.

Comparing Amherstburg To Other Municipalities: Ontario Land Tribunal Cases

Amherstburg currently has six cases listed at the OLT website:

  • Consent – Proposing to sever a new lot 69 North Street
  • Extension of the ICBL development of Howard Industrial Park District 7809 Howard
  • ZBA – six-storey, 28-unit condominium 639 Front Road N
  • Minor Variance – Construction of a Single Detached Dwelling 490 Dalhousie
  • Seminary of Sacred Knowledge, student residence 6101 County Road 20 W
  • ZBA – Dog breeding and boarding facility 6136 Concession Road N

Other local municipalities’ cases at the OLT:

Essex 0
Kingsville 0
Lakeshore 0
LaSalle 0
Leamington 0

    Windsor Police Comments – 256 Dalhousie ZBA Update

    As mentioned in this post, Barry Horrobin, Windsor Police Service, was notified of the April 11 meeting on March 15, 2023 at 3:06 PM, was requested to provide any comments by March 22 and emailed his comments on March 17, 2023 at 9:32 AM. Read the emails.

    I requested a copy of the Windsor Police report by Barry Horrobin that formed the basis for his comments. Horrobin previously provided two reports following site assessments based on principles of Crime Prevention Through Environmental Design:

    I requested all notes, measurements, photos and documents that Barry Horrobin relied on and referenced as the basis for his March 17 comments.

    On May 25, Windsor Police FOI Coordinator advised, “Responsive records were located, however, the disclosure of the records may affect the economic interests of a third party. The third party whose interests may be affected is being given the opportunity to make representations about the release of the record. A decision on whether or not the record will be disclosed will be made by June 27 2023 in accordance with section 27 of the Act.“

    We may just have to undergo another Appeal.

    Tell The Accessibility Advisory Committee To Select Hotel Site Plans For Review

    I’ve suggested that committee members’ contact information be made available to receive input from the public regarding accessibility concerns. Committees may not always be representative of persons with a range of disabilities.

    Councillor McArthur is this term’s rep so I’ve emailed him the following and request you send him one at dmcarthur@amherstburg.ca and copy me at theburgwatch@gmail.com.

    as council’s new rep to the accessibility advisory committee, you may not be fully aware of the committee’s mandate. as i’ve mentioned before, i was not given the accessibility training materials that members of council received on november 29 but i’ve submitted an FOI request for them.

    given the controversy of the proposed hotel, and accessibility/safety concerns affecting persons with disabilities involving the back stairs, i would urge the committee to select the site plans and drawings for the project.

    also, as i’ve repeatedly raised the issue about the lack of reports included on the committee’s agenda, you should know that there are several empty links in tomorrow’s meeting agenda. I’ve also mentioned before that verbal reports, instead of attached reports, may pose a barrier. wouldn’t it be ironic if the committee that is supposed to remove barriers creates them?

    Agenda Accessibility Advisory Committee April 27

    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

    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

    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.