Mayor Prue’s Response to Open Air Complaints and Lawsuit Inquiry

I requested Mayor Prue’s comments about Open Air complaints and former CAO Peter Simmons’ lawsuit, which he answered below.

  • how many complaints about open air have you received?
    Prue: I have received less than 10 complaints including your own, since becoming Mayor.
  • how many complaints about open air has the town received?
    Prue: I do not have that statistic. We have a seven member Council and many paid staff.
  • what are your comments regarding peter simmons’ lawsuit against the town?
    Prue: I have no comment as this is a personnel matter.  This was clearly enunciated by the Town’s CAO to you, in the past few weeks.

Follow-up question:

Regarding answer 2: if you don’t have the statistics of complaints the town has received, do you feel you’d be making a well-informed decision about what is in the best interest of the town?

Regarding answer 3: I did not ask the CAO for a comment; I asked if she could confirm the claim against the town by former CAO Peter Simmons. I only asked you for comments about it since you’re the official spokesperson.

Comparing Affordable Transit Passes

Amherstburg does not offer an affordable bus pass program like neighbouring municipalities. However, on September 9, council will consider Administration’s recommendation to waive transit fares for the Uncommon Festival from 6pm on September 20, 2024, through the end of the service day on September 22, 2024.

If the taxpayers can absorb the cost for Festival attendees, who no doubt can afford costumes and restaurants, why not offer affordable bus passes for people in need?

The Affordable Pass Program (APP) allows eligible Windsor-Essex residents to purchase a discounted 30-day bus pass from Transit Windsor. The APP covers 49% of the cost for a full-price 30-day Smart Pass, and registrants pay the remaining 51% at the time of purchase. 

The APP is funded by Pathway to Potential. Full details and how to apply are found on Pathway to Potential’s web page.

Available Affordable Pass Program (APP) Subsidies

Bus Pass TypeDiscountService ProviderEligible Residents
30-Day49%Transit WindsorWindsor
30-Day49%LaSalle TransitLaSalle
30-Day Leamington to Windsor (LTW)50%Leamington TransitLeamington, Kingsville, Essex
10-Ride (LTW)50%Leamington TransitLeamington, Kingsville, Essex

Tecumseh Transit offers free fares for children under 5, Veterans, blind persons and persons accompanying disabled riders.

Lakeshore was looking at a transit feasibility study.

Amherstburg Previous Agendas: Access and Transparency

August 15, I emailed CAO Critchley and council members: there appears to be changes made to the town’s website regarding previous years’ agendas. would you please provide me with a link to previous agendas?

No answer.

August 19, I emailed CAO Critchley and council: there are no agendas in records repository as you can see from the screenshot. Where are they located?

No answer.

August 29, I emailed CAO Critchley and council, summarizing my previous emails and stated,
I am emailing again to request the link to all previous agendas. Pursuant to Section 270 of the Municipal Act, 2001, the town created an Accountability and Transparency Policy that states: The Corporation of the Town of Amherstburg is committed to ensuring that it is accountable to the public for its actions and that its actions are conducted in an open and transparent manner by: Section 1.4 Providing access and disclosure of public information in compliance with current legislation.

Screenshot that clearly indicates 5 folders exist:

Inconsistencies: Meeting Notices

On July 25, I emailed council and CAO Critchley, today’s calendar listing includes the accessibility advisory committee meeting with no agenda link and no notice of cancellation. as you can see from the attached screen shot, it states the event has already occurred. would someone please advise if the meeting will be held?

Critchley replied, The calendar module has a known issue with the statement “the event has already occurred.” We have opened a service ticket with our provider. 

The meeting was tentatively scheduled and has been cancelled, the next meeting will be the fourth Thursday in August, August 22nd. The change has been noted on the page to reflect this cancellation. 

Anyone with interest in staying up-to-date for Town meetings can subscribe at: https://calendar.amherstburg.ca/council/Subscription to receive notifications as they are provided.

And I answered, Thanks. I already subscribe but received no cancellation notice. 

Comparing Amherstburg Council Meeting Behaviour With Others

Compared to Amherstburg council meetings, other local council meetings are a pleasure to watch and they are so much more efficient.

Not one mayor passed an imaginary gavel to speak or ask a question as per Robert’s Rules of Order.

No longwinded speeches.

No repeat questions or belabouring a point.

No staff member on either side of the mayor whispered in his/her ear.

When the mayors asked if there were any comments or questions, the discussion was limited to members of council.

The videos are clear.

Videos are available on YouTube.

Videos zoom in on the speaker or split the screen.

Some provide county council updates.

Some receive county council minutes.

Some, like county council, vote electronically.

Delegates are asked to push the microphone button which is less condescending than a councillor jumping up and down to do it.

Council members were mindful of their microphone positions.

Committee meetings can also exhibit similar behaviour.

A screenshot of Shirley Curson-Prue, chair of the Amherstburg Accessibility Advisory Committee who frequently speaks with the microphone off to the side making her inaudible at times.

Concerns Over Removal of Parking Spots: Questions Raised

Councillor Diane Pouget emailed the following questions to CAO Critchley:

I am very concerned about the removal of two (2) vital parking spots in front of the Salty Dog on Dalhousie Street.  This is the 3rd removal of very limited parking spaces in that area.

I immediately contacted Bill Tetler yesterday morning, while they were building the deck in these prime parking spaces.  Bill explained that Council had approved the Temporary Patio Extension on May 27th.  I am requesting the following information:

  1. A copy of the full report submitted to Council, regarding the Temporary Patio Extension on May 27th.  (Outside of Open Air)
  2. The motion approved by Council, giving permission to remove 2 parking spaces in front of the Salty Dog.
  3. The response and feedback by all businesses in that area, that could be adversely affected by this action.
  4. All correspondence from our relevant committees approving the removal of these parking spots.
  5. A report, regarding any other businesses, that have requested permission to enter into an agreement to remove parking spaces in front of their businesses.

Thank you for your time and attention to this matter.  I wait for your response.

Inconsistencies: Deputy Mayor Gibb On Social Justice Issue

On June 25, 2024, during discussion of the Transit Service Agreement Renewal, Gibb said he thinks the other big thing that they’re not talking about is this is really a social justice issue. He continued that there’s a lot of people who can’t afford transportation or reliable personal transportation so he thinks this is a good deal for the people of Amherstburg; it’s the right thing to do so he’ll definitely be supporting it.

When I delegated on March 25, 2024 regarding OPEN AIR I stated, in part, ‘A Divisional Court affirmed that the AODA is “social justice legislation” that is meant to redress a history of discriminatory exclusions by identifying, removing and preventing barriers to participation in society.’ I requested council prioritize a commitment to the principles of governing legislation and ensure everyone is welcome to equally participate in our public spaces.

The number 1 complaint about Open Air is accessibility and Gibb stated on am800 that Open Air is accessible so we just want to invite all of Windsor and Essex County to come out to Amherstburg and get together and have a great time.

But not everyone can participate. Merry go round.

Principles Integrity vs. Elman: Integrity Commissioner Services in Amherstburg

In 2022, council chose Bruce Elman to continue as Integrity Commissioner until December 31, 2024 over Principles Integrity but now Principles Integrity is being recommended to commence July 1.

Aside from the legislative background, the Report to council references council resolutions:

  1. 20170612-767 appointed Bruce Elman as the interim Integrity Commissioner for the Town of Amherstburg. (I could not locate this resolution in the minutes.)
  2. 20180108-11 appointed Mr. Elman permanently to the role for a term which expired on December 31, 2019.
  3. In 2020, the two year renewal clause in the initial contract was invoked, appointing Mr. Elman for a further two year term, which was further extended until June 30, 2024.

From the archives, I found a November 25, 2019 in-camera meeting and resolution 20191125-558 appointing Mr. Elman beginning January 1, 2020 for two years, ending December 31, 2021.

I also found a March 28, 2022 meeting and resolution 20220328-07 that Elman was chosen to continue until December 31, 2024 following a comparison between Principles Integrity and Elman.

In June 2022, the Code of Conduct was amended.

I’ve reached out to CAO Critchley with some questions:

  • Why is council being asked to approve hiring Principles Integrity as of July 1 when Mr. Elman’s contract expires December 31, 2024? 
  • Will taxpayers be paying for two Integrity Commissioners?
  • Was an RFP issued in anticipation of Mr. Elman’s December 31, 2024 contract expiration? If not, why not?
  • If Mr. Elman’s contract was not anticipated to continue to December 31, 2024, was an RFP issued? If not, why not?

I’ll provide an updated post if/when she answers.

Amherstburg Emergency Access: Fire Chief Addresses Concerns and Questions

Fire Chief Montone has answered Councillor Pouget’s questions and concerns about emergency access in red below.

Please find attached a photo and comments made on the Amherstburg Residents Forum Website.  Since this article appeared, I have been bombarded with questions, regarding emergency access to our downtown streets, during the 43 days of closures.

Due to the fact, that you were tied up with an Ontario Land Tribunal Hearing for the last four (4) days, I delayed in sending my concerns to you.  It is ironic, that the OLT Hearing, involved a very contentious proposal for a boutique/hotel on this same street, dealing with fire safety concerns.

I am very worried about the placement of 4 large cookers on asphalt on Ramsay Street and the fact that tables will be set up in a confined space behind the Dalhousie, Ramsay, Richmond, Murray Street businesses and apartments.  What effect will this have on emergency vehicles access, when all these streets will be closed?