Transparency And Accountability

Two words used ad nauseam by candidates during election campaigns.

The Town of Amherstburg’s website includes a page on council meeting information and it states “Municipal governments in Ontario have to be transparent and accountable. The provincial government has set the rules for Council, local board, or a committee to go into closed meeting. These rules are found in section 239 of the Municipal Act, 2001 (add link to Act).” Not surprisingly, there is no link. There is a link on the same page to a pdf of the 2014 council meeting schedule.

Navigating the town’s website for Agendas

To get to the page mentioned above, click on the Town Hall tab, then Clerks Department on the left sidebar, then Council Meetings, then the Agendas link on the left sidebar; there is a link listed under Council meeting dates that directs you to a completely different meeting calendar. Under each council meeting date, there is a ‘read more‘ link where, presumably, one would find more to read. However, the only additional information on that page is a map – the date and time are listed twice. And, because the map is included in the Visitor tab, you have to go back twice to return to the Agendas section to find the list of 2014 to 2009 Agendas.

If you click on the Link to 2014 Regular Council Meeting Agendas in PDF Format – Laserfiche, you will find three folders and if you click on the regular council folder, you can access this year’s agendas, including two supplementary agendas by Phipps relative to the financial audit: March 24, 2014 and July 14, 2014.

Navigating the town’s website for Minutes

The link in Minutes on the left sidebar of the Clerks Department directs you to:

Play Live Recording of Council Meetings from September 12, 2011 to April 22, 2014, but people who are deaf, deafened or hard of hearing will encounter barriers; besides, it’s July.

The Link to archived Regular and In Camera Council meeting minutes in Laserfiche will direct you to folders from 1998 to 2014. Click on 2014 to find a Regular and Special Council Folder. Click on Regular to find:
2014 01 20 Regular Council Meeting Minutes
2014 02 03 Regular Council Meeting Minutes
2014 02 18 Regular Council Meeting Minutes

The Link to all other Council minutes in Laserfiche repeats the three folders and links above.

Navigating Leamington’s Website

From the home page, click on the municipal services tab; there is one link on the left sidebar to Agendas, Meetings and Minutes where you can view the current Council Agenda, right on the page in HTML format Including links to reports from staff.

You also have the option of selecting any date back to January of this year to download the agenda and the minutes from that page; upcoming meetings direct you to a map and an option to add to Outlook.

Improvements Still Needed For Amherstburg’s Website

Since September 2002, I have appeared before town council, the town’s Accessibility Advisory Committee, sent emails to the town’s IT Department/staff and have written letters to the editor regarding the need for an accessible website. Dave Carpenter, Manager of Information Technology, assured me twice that a new website was being launched and would comply with web accessibility standards and informed council the site was standard compliant in July 2007. I provided site check results indicating the site failed minimum standards: one in June 2008 and another in January 2009 after the launch of the newly designed site.

CAO Pamela Malott advised me in June 2008, “We will post our Amherstburg Accessibility Advisory Committee Minutes and Agendas in text format as well as PDF format on a go forward basis.” Not surprisingly, this was not done. (There’s only one folder with minutes from January 2014 anyway). Additionally, it is an attitudinal barrier to assume that persons with disabilities are only interested in accessibility.

The Towns of Essex and Leamington launched new websites last year and the County of Essex and the Town of LaSalle are currently redesigning their sites. What is Amherstburg doing about its website? Is it still not a priority? Can the town not afford it?

Lack of accessibility aside, transparency and accountability is not possible if documents are buried in a stack of links and are not updated.

Commentary by Linda Saxon

Phipps Flip Flops – Will The Town Pay Two CAOs?

On May 9, 2014, Mary Caton reported in The Windsor Star that Amherstburg CAO Mike Phipps confirmed Friday that he intends to leave his position before reaching the end of his two-year contract with the town. “I am meeting with council shortly because we’ve got to get a plan in place,” he said. Phipps said he intends to see the town through the impending municipal election and municipal review. “I feel an obligation to hang in there,” he said. “To see that the election is run properly and legally.”

The town advertised for a new CAO and invited applicants to submit a resume by June 30.

In a July 16 Windsor Star article, Phipps said he’s staying put. Candidates for the position are undergoing a council approved vetting process that includes a five-member panel made up of Phipps, human resources manager Michelle Rose, another county CAO that Phipps wouldn’t identify, a “fairly senior” local business leader and a resident.

Why was a panel needed? How was the panel selected? What are the members’ qualifications? Was there an Information and Privacy Commissioner privacy assessment, considering residents are panel members who will access personal information?

The article ends with a quote from Phipps: “So we thought, if we can get the right person that at least this council is satisfied with … I have faith we’ll get the right person,” he said.

Who is “we?” Has Council agreed to rescind his notice to leave plus hire a new CAO?

Commentary by Linda Saxon

Financial Audit Converted To Review Raises Questions

In a November 20, 2013 Windsor Star article, Julie Kotsis reported Hurst cast the deciding vote to oppose the motion to request an independent audit and called it the beginning of the “silly season” noting that an election was coming up next year.

At its January 20, 2014 town council meeting, a unanimous motion was carried to ask the ministry for an audit. According to The Windsor Star, Councillor Diane Pouget said she called the ministry as well and was told “it is council’s responsibility to request this audit.”

Phipps’ March 21, 2014 Report To Council included a recommendation that,Council approve, in principle, moving forward with the Financial Management and Practices Review for the Town of Amherstburg with the costs of the Review being borne by the municipality. Council unanimously agreed.

According to a July 17, 2014 Windsor Star article, Pouget said, “We need an in depth investigation of what happened to that money (that was moved from reserve and other dedicated accounts) and how it got moved and who moved it. We need answers and I would have never agreed to spend $100,000 just to review policies and procedures and to tell us how to do something better.”

Who’s Beating A Dead Horse?

Council will once again consider the horse and carriage in the Navy Yard Park issue at its June 23 meeting. The agenda can be found on an external link, despite my requesting it be placed elsewhere and in another format.

In his May 20, 2014 report to council, shamefully, Dean Collver, Director of Community Services states, “Administration is recommending that horse and carriage vendors, licensed to operate as a business in the Town of Amherstburg, be permitted to enter KNYP for the purpose of special occasions tied to the park’s gazebo facility.”

Collver provides a background, although accessibility issues are blatantly missing. I raised the issue of accessibility in this letter, which makes me wonder if, once again, my concerns were ignored. I also emailed everyone on council, “I’m writing to express my disappointment with council’s actions regarding this matter, with the exception of Councillor Pouget. It is unfathomable that the parks department widened sidewalks to accommodate a business that was in violation with the town, yet I endured a ten year battle with the town to obtain equal access to the library, which, ironically, the town takes credit for in its annual accessibility plan as an accomplishment.”

Collver lists others consulted, which did not include a public hearing for public input regarding an exemption to a town by-law nor did it include members of the Amherstburg Accessibility Advisory Committee. I let the Committee know last fall that the horses and buggy request for by-law exemption is an example of a by-law that could have been included in the plan and should have been addressed by the committee. I never received a response.

In the council approved Amherstburg multi-year accessibility plan, Mayor Hurst states, in part, “Council and Administration, along with our Amherstburg Accessibility Advisory Committee are working together to identify, remove and prevent barriers.”

So the question is: does council intend to accept administration’s recommendation, contradict this statement and defy legislation? As I have previously mentioned, both business owners and the town are subject to the Ontario Human Rights Code, the Ontarians with Disabilities Act 2001 and the Accessibility for Ontarians with Disabilities Act 2005.

Commentary by Linda Saxon

 

Tourist Booth Band-aid

During 2014 budget deliberations, council considered closing the north end tourist booth and redirecting tourists to the Gordon House, an idea that had been considered in the past. However, council subsequently agreed to $8000.00 from TWEPI (Tourism Windsor Essex Pelee Island) to cover seasonal staffing for a one-year pilot project.

Who will step in and save the booth next year, or the following years if the next council decides taxpayers can ill afford to keep it open?

Residents watched the tourist booth transform from a utilitarian centre to one that included a new fountain, gazebo, stonework planters, trees and the ridiculous two approaches to its entrance – could universal access, or one approach, have saved $8000.00?

Community Adjustment Fund (CAF) Program

As announced on January 27, 2009 as part of the government’s Economic Action Plan, the Community Adjustment Fund (CAF) is providing $1 billion across the country to help create jobs and employment opportunities in communities affected by the global recession.

According to Jeff Watson’s facebook page, “Amherstburg’s $11.265 million CAF grant was the largest in Canada and has helped the town re-invent itself after major industrial closures over the past decade. Amherstburg’s contribution was only $585,000.

We cut the ribbon on the completely reconstructed Laird Avenue in front of Wigle Park. Project components also included bus lay-by’s for General Amherst HS and new crosswalk for pedestrian and student safety, and a completely new North gateway entrance at the community’s tourism information booth.”

 

Tall Ships Not Accessible To Everyone

The historic Town of Amherstburg continues celebrating the bicentennial of the war of 1812 with the “Coastal Trails Sails To See Tall Ships Festival” in late August.

Promotional information is included on the town’s website, along with another site devoted to the war of 1812 events; there was no mention of accessibility so I submitted an online inquiry to ask if the tall ships were barrier free and accessible to people with disabilities.

Shortly afterward, I received an email response and was advised, “Due to the historic nature and design of Tall Ships, wheelchairs cannot be brought on board the ships. Any guest with disabilities may board a ship, as long as they can stand and walk on their own or with the assistance of a companion. For wheelchairs, the ships are available for viewing from dockside, not on-deck. In addition, there are multiple exhibits and activities that are being organized dockside, including Parks’ Canada’s 1812 On Tour and storytelling/theatrical experiences.”

Pursuant to section 5(2) of Ontario Regulation 191/11, I subsequently emailed members of town council and inquired if there was a determination that “it is not practicable to incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities” in relation to the tall ships and I requested an explanation if there was.

I received an email from someone who did not state his position, but I assumed he was a town employee as throughout his email he referred to a collective we and our; his response was, “Tall Ships are not, traditionally or technically, universally accessible by design. To my knowledge there is one, or possibly two, ships in the world that are specifically crafted to offer some level of accessibility. I’ve been able to find information on one:http://www.jst.org.uk/lord-nelson.aspx and read an article that indicated there was a second ship in existence but I cannot find its name. The Lord Nelson is currently sailing in the waters of Australia and New Zealand.

The Tall Ships that we have procured are part of a tour called the “Tall Ships Challenge – Great Lakes 2013” which is operated by a company known as Tall Ships America. Our opportunity to procure the Tall Ships that will be visiting us came as a result of this Tour that stretches geographically from Brockville, Ontario to Duluth, Minnesota and includes 14 ports-of-call. In essence, our opportunity to host this event was tied to the ships that are involved in this Tour as opposed to being selected based on their individual merits – whether that be universal accessibility, size, design, port-of-origin or other criteria.

Despite being unable to guarantee equivalent access to the decks of the Tall Ships visiting our ports for all potential patrons of the event, we felt that we would be able to provide opportunities for accessible viewing from shore. Our plans include a volunteer-staffed and clearly stanchioned area that will be reserved on shore in very close proximity to the ships to ensure the best possible viewing for patrons who are in need of this opportunity. Ancillary events that are part of the festival have been located to provide as much opportunity for universal accessibility as King’s Navy Yard Park allows.

As a result of this inquiry it has come to our attention that these plans and opportunities have not been included on our website describing the event – this has been, or will be, rectified immediately.

My hope is that this email offers a satisfactory explanation of not only why it was not practicable to incorporate accessibility criteria and features into the deck viewing portion of our visiting Tall Ships, but also our rationale for proceeding despite this lack and the steps we have taken to supplement event logistics to the best of our ability.”

I emailed back and mentioned there was only a reference to ‘accessible viewing’ from shore and asked what contingencies are in place for people with visual and hearing disabilities. I further relayed that information on the 1812 website relative to ‘wheelchair access’ is relegated to the last day of the event only; same for the town’s site, and there is still no alt text for jpegs on the town’s site. I mentioned that I also couldn’t find a reference anywhere to accommodating the needs of people with disabilities either visiting the town’s festivities or accessing information on the web.

Although I did not receive a response to my last email, information pertaining to wheelchair accessibility is now listed under a separate heading titled ‘additional information’ at the bottom of the site’s event page; there are still insufficient descriptors or none at all for the images, despite my numerous requests for an accessible town website over the past decade.

I do not support my taxes being used toward events that are not accessible to everyone.

Tall Ships To Visit Amherstburg, But Are They Accessible?

In an online feedback form submitted today I asked, “are the tall ships barrier free and accessible to people with disabilities?”  Christopher Laforet, Office Manager of Tourism Windsor Essex emailed this response, “Due to the historic nature and design of Tall Ships, wheelchairs cannot be brought on board the ships. Any guest with disabilities may board a ship, as long as they can stand and walk on their own or with the assistance of a companion. For wheelchairs, the ships are available for viewing from dockside, not on-deck.

In addition, there are multiple exhibits and activities that are being organized dockside, including Parks’ Canada’s 1812 On Tour and storytelling/theatrical experiences.”

Information relative to the tall ships’ visit to Amherstburg in late August is posted on both the town’s and the War of 1812 web sites; unfortunately, there is no text alternative to pictures on either site although numerous requests to make the town’s web site accessible to everyone have been previously made.

UPDATE: An August 23 email from Dean Collver explains why it is not practicable to incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities:

“Tall Ships are not, traditionally or technically, universally accessible by design. To my knowledge there is one, or possibly two, ships in the world that are specifically crafted  to offer some level of accessibility. I’ve been able to find information on one:http://www.jst.org.uk/lord-nelson.aspx and read an article that indicated there was a second ship in existence but I cannot find its name. The Lord Nelson is currently sailing in the waters of Australia and New Zealand.

The Tall Ships that we have procured are part of a tour called the “Tall Ships Challenge – Great Lakes 2013” which is operated by a company known as Tall Ships America. Our opportunity to procure the Tall Ships that will be visiting us came as a result of this Tour that stretches geographically from Brockville, Ontario to Duluth, Minnesota and includes 14 ports-of-call. In essence, our opportunity to host this event was tied to the ships that are involved in this Tour as opposed to being selected based on their individual merits – whether that be universal accessibility, size, design, port-of-origin or other criteria.

Despite being unable to guarantee equivalent access to the decks of the Tall Ships visiting our ports for all potential patrons of the event, we felt that we would be able to provide opportunities for accessible viewing from shore. Our plans include a volunteer-staffed and clearly stanchioned area that will be reserved on shore in very close proximity to the ships to ensure the best possible viewing for patrons who are in need of this opportunity. Ancillary events that are part of the festival have been located to provide as much opportunity for universal accessibility as King’s Navy Yard Park allows.

As a result of this inquiry it has come to our attention that these plans and opportunities have not been included on our website describing the event – this has been, or will be, rectified immediately.

My hope is that this email offers a satisfactory explanation of not only why it was not practicable to incorporate accessibility criteria and features into the deck viewing portion of our visiting Tall Ships, but also our rationale for proceeding despite this lack and the steps we have taken to supplement event logistics to the best of our ability.”

Councillor Davies On Her Performance

at the end of each year to date of this council’s term (2010 – 2014), all councillors were asked, “if any of you would care to provide a comment regarding how you think you have performed.”

at the end of year two Councillor Carolyn Davies emailed the following: (note: any spelling errors originated in Councillor Davies’ email)

“Thank you for your email  Dec 5/12.   As for your question on how do I think I have performed during the second year of my term is really not for me to answer but for the constituents to do so.  I understand that in a democracy everyone has a different view point, will interpret activities that come closest to their own understanding and needs.   As always, I am working consistently with my commitment to the consituents of Amherstburg. I want for other that which I would want for myself, fairness, justice and provide a voice to issues, if at all possible. I always look forward to what can be,   to what compromises can be made vs an either or and how we can move our community forward toward an improved quality of life and remain optimistic that a positive appoach will always provide more successful results. Regards, Carolyn Davies”