Tag Archives: amherstburg

Tall Ships To Visit Amherstburg, But Are They Accessible?

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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

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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”

Accessibility After The Cart

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reprinted from the Amherstburg Echo

RE: Town council to discuss bylaw exemptions to allow horse and buggy business in Navy Yard Park

With the exception of Councillor Diane Pouget, shame on council for putting accessibility after the cart. In particular, shame on Councillor Bart DiPasquale, a member of the town’s accessibility advisory committee, for not representing the rights of residents with disabilities.

After having appeared before council for the past ten years to raise accessibility issues, critique the town’s annual accessibility plan, and to question the town’s commitment to accessibility, I once again question council’s rationale for its action – the town has an obligation to ensure the safety of all its residents, including persons with disabilities and equal access to its amenities.

Randy Fasan, as a business owner, is also subject to the Accessibility for Ontarians with Disabilities Act and its Regulations and the Ontario Human Rights Code. Will customers with disabilities be able to access his business, provide feedback in an accessible manner and will he change his website to make it accessible?

Fasan is quoted as saying, “if I have to abide by these bylaws as they stand today I am going to have to move to another town or discontinue any type of business to Amherstburg.” I’d like to know how he assumed he did not have to comply with the bylaw in the first place.

Making an amendment to exempt a business from a bylaw that has not been prosecuted while operating in violation of the bylaw for years sets a precedent for anyone to ignore any town bylaw and illustrates council’s disregard for the safety of its residents.

Linda Saxon

also published in Accessibility News

Exemptions Discussed For Horse and Buggy in Navy Yard Park

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According to the Amherstburg Echo, Administration will meet with horse and buggy owner, Randy Fasan, to allow him to continue his business in the Navy Yard Park. Fasan acknowledged the park’s passive nature and advised that he’s “worked with the parks department for the last few years.” That work included widening of sidewalks and working on improving turns for the horses and carriage.

Will Councillor Sutton’s Motion Restore Public Trust?

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time will tell if it’s posturing or an attempt to make real changes following the Ombudsman’s investigative findings that the town contravened the Municipal Act in its handling of several in-camera meetings in January 2011. according to the amherstburg echo, (full story), sutton believes his january 23 motion will serve as a starting point towards rectifying the damage done by the ombudsman report.

the damage was done by members of council who continued to participate in the practice, despite the Ombudman’s March 17, 2011 letter to the town, in which it stated, “In the future, Council should be vigilant in ensuring that the most appropriate exception or exceptions are cited in the resolution to proceed into closed session, and that all discussions taking place in camera fall within the cited exception(s). This ensures that the public is fully aware of why Council is proceeding into closed session, and increases the transparency of the Council process.” The letter further stated, “In the future, Council should ensure that no voting takes place during closed session, unless the vote is for a procedural matter and/or giving direction to staff, in accordance with s. 239(6) of the Act”.

sutton also mentioned that some of the errors found by the Ombudsman were clerical errors that have to be corrected; some clerical errors at the amherstburg police station had to also be corrected.

i requested an amherstburg police services board motion regarding my correspondence to the board, but i received a criminal records check of another individual that was emailed to me in error. during the course of an Information and Privacy Commission Ontario investigation, i learned that Chief Tim Berthiaume explained that the secretary scanned and attached the email and attachment without confirming the contents. Additionally, the board explained that unfortunately, it was not until my second email that the person responsible for the error understood the situation. i had emailed twice that i was not interested in any personal information but my own. in an october 28, 2011 letter, the IPC analyst advised that she was satisfied with the assurances that the board would continue to take any steps they felt appropriate to obtain my confirmation that the record had been deleted.

chief tim berthiaume sent two letters requesting that i immediately delete and confirm that it has been deleted as soon as possible. in his june 28, 2011 letter, he stated, in part, “the amherstburg police service takes privacy issues very seriously.” how ironic that my june 2011 inquiry to the board related to a breach of my information and the board decided to dismiss it; read john sutton’s letter. note: clerical errors in the letter are not mine.

it will take time to restore the public trust.  council should act as councillor pouget suggests: thank the Ombudsman, take the report seriously and take the free training – that would be a good starting point.

Amherstburg Police Chief Berthiaume Tight-lipped About Deployment

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Commentary by Linda Saxon

it’s time for budget deliberations and wish lists and i was curious about some of the costs associated with the amherstburg police service. in a december 5, 2011 letter from chief tim berthiaume, legal fees, as of december 5, 2011, were $18768.57 for 2011. in a december 9, 2011 letter from chief tim berthiaume, he stated, “the amherstburg police service does not ‘breakdown’ legal expenses.” he further stated that, “as of december 5, the amherstburg police service has spent $23,589.85 on consultants.”

in response to my request for the number of days in 2011 where less than four officers were on patrol, berthiaume stated,”i will not be providing you with this information for the following reason. the release of this information could reasonably be expected to make their work more dangerous in many situations endangering the life or physical safetly of our law enforcement officers.”

where is the logic to a claim of endangerment in the present/future tense when the year has passed?

the ontario civilian commission on police services considered the amalgamation proposal to abolish the amherstburg and anderdon police services and stated, in its decision, “From the standpoint of staffing, deployment and supervision, the proposal overall appears sound, and if the proposal is implemented as presented, it should allow for adequate and effective policing in the Town of Amherstburg.”

one of the proposals for consideration in the application was:

“Patrol Zones:

The Town will be divided into three patrol zones by using the former boundaries of the old Town of Amherstburg, Township of Anderdon and Township of Malden. Accordingly, the new three patrol zones are as follows:

Each zone will be patrolled 24 hours a day. The maximum strength per 12 hour shift will be six officers:

Zone 1: Amherstburg
Zone 2: Anderdon and
Zone 3: Malden

Each zone will be patrolled 24 hours a day. The maximum strength per 12 hour shift will be six officers:

Zone 1: 3 officers;
Zone 2: 1 officer and
Zone 3: 1 officer

Another officer will support all three zones as may be required.

The minimum strength per 12 hour shift will be one officer per zone. However, it should be noted a four officer minimum strength will be in place until 4:00 a.m. (12 hour night shift). On the night shifts, there will be a minimum of four officers (two officers will cover zone 1, one officer in each of zone 2 and zone 3). After 4:00 a.m., there will be one officer in zone 1 supplying additional coverage to all other zones if required.”

NOTE: i noted the map in the community room with two patrol zones; also, the Amherstburg Police Service 2010 Annual Report states, “The Town is divided into 2 patrol zones ensuring that all areas receive an ongoing police presence.” The Patrol Zone map can be viewed on page 8 of the report.

The proposal also outlines a community business plan with three broad initiatives; number 1 was, “establish a police service – with an overall strategy, targets and accountability.”

how will we know if we’re getting the service that was proposed, if there is no accountability?

Another A’burg Police Officer Charged

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a third amherstburg police officer has been charged in over two years:

  1. Sgt. Jim Saxon in June 2009
  2. Sgt. Colleen Sterling in September 2011 under Chief Tim Berthiaume
  3. Const. Andrew Challans in November 2011 under Chief Tim Berthiaume

Only Sterling’s and Challlans’ cases were reported in the media.  i have to wonder –  what is the cost to the burg residents? isn’t it time for council to compare municipal policing costs with the OPP?

Ombudsman Review Of Closed Meeting

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Voting during a closed session, including informal votes such as “straw polls” or “show of hands”, is not permitted. Council therefore contravened the Municipal Act by voting during the February 10, 2011 closed session. Read the letter to Ms. Brenda Percy, Clerk, who was requested to make copies of it available to the public.