Tag Archives: Valerie Critchley

Amherstburg Previous Agendas: Access and Transparency

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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:

Concerns Over Removal of Parking Spots: Questions Raised

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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.

Open Air Approved/Not Approved

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Open Air was approved during budget, according to Deputy Mayor Gibb, but Councillor Pouget stated it was not approved. Where’s the motion?

On March 26, the day after the March 25 council meeting discussion of Open Air, I requested the information below from CAO Critchley, who answered on Saturday during the long weekend, noted in blue after each request.

  1. council’s motion to approve Open Air for 2024. 
    All motions were referenced in the report that went to Council on March 25, 2024, a copy of which can be found on the Town website.
  2. the cost of open air for 2023. 
    This information is contained in the presentation  made by the Director of Development/Deputy CAO at the Council Meeting of March 25, 2024, which presentation will be attached to the Minutes of this meeting. The Minutes of the meeting will be available on the website once approved by Council.
  3. what undue hardship the town would endure if open air ended. 
    As the words used in this question have a particular meaning in law, I will refrain from answering it in this venue.
  4. any documentation that administration included the exclusion of people with disabilities as a risk in an open air risk analysis. 
    The footprint for Open Air was reviewed by the Accessibility Advisory Committee in December 2023. The minutes of that meeting are also available on the website.

    I emailed back: Question 3 does have meaning in law but that shouldn’t prevent you from answering it; you didn’t answer question 4 which should be yes or no and if yes, include documentation. I didn’t ask about the accessibility committee that, as everyone should be aware, cannot speak on behalf of council or administration. I specifically asked about administration.

Open Air Questions Linger A Year Later – Undue Hardship?

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Last spring, following my delegation to council regarding Open Air, I emailed members of council.

2023

request: a description of the undue hardship the town would endure if all the Open Air barriers were to be removed so everyone could equally participate in the community, on and in publicly owned public spaces, as i explained on Monday, March 13, 2023.

two weeks later: it’s now been two weeks since i asked the question below which hasn’t been answered. if no elected official can provide a description of the undue hardship, maybe someone could find the answer from administration? or if members of administration are receiving emails to council, one could answer? I expect someone would know the answer and await it.

Councillor Pouget answered: I do not know the answer to your question.  Do I have your permission to forward your email to administration for their review and response?

2024

Followup subsequent to my delegation to council regarding Open Air Monday night, I emailed Councillor Pouget: did you ever get an answer to my question that i asked on march 15, 2023? 

march 15, 2023: i’m writing to request a description of the undue hardship the town would endure if all the Open Air barriers were to be removed so everyone could equally participate in the community, on and in publicly owned public spaces, as i explained on Monday, March 13, 2023.

Councillor Pouget answered: Sorry, I did not receive a response.

Email request to CAO Critchley, cc to council:

  1. council’s motion to approve Open Air for 2024.
  2. the cost of open air for 2023.
  3. what undue hardship the town would endure if open air ended.
  4. any documentation that administration included the exclusion of people with disabilities as a risk in an open air risk analysis.

Councillor Pouget answered:

  1. To my knowledge, there was no motion to approve Open Air in 2024.
  2. There is no official cost for Open Air in 2023 because it did not include the cost of our Public Works employees.
  3. I personally don’t believe there would be any undue hardship for the Town if open air ended.
  4. Council has never received any documentation to include the exclusion of people as a risk in an open air risk analysis.

The Town Of Amherstburg’s Ten Year History Of FOI Requests

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While I have been relying on FOI requests for decades with the town of Amherstburg, former Amherstburg Police and now Windsor Police, the town started a master list of FOI requests, and outcomes, since 2013.

I couldn’t find any notations of appeals but they exist.

Although the town’s chart states ‘full disclosure,’ it omits my appeal of the town’s $187.50 fee for my personal information because fees for personal information are different from fees for general information.

History of one request:

June 2022 request: any copies of records from former Clerk Paula Parker pertaining to the Accessible Customer Service Policy and the applicant’s input regarding the draft on Council’s December 14, 2020 meeting agenda; this would include, but not limited to, information to Mayor DiCarlo, members of Town Council or notes to herself.

Then-Clerk Critchley acknowledged receipt of request.

Critchley then provided a fee letter for:

Search 6 hours @ $7.50/15 minutes = $180.00
Preparation 15 minutes @ $7.50/15 minutes = $7.50
Total = $187.50

Appeal filed July 2022.

Notice of Mediation January 2023

At mediation, in January 2023, the town waived the fee and provided full disclosure.

Generous of the town to waive a fee for search and prep of my personal information that should not have been imposed.

The number of full and partial disclosures is noteworthy. Time spent on formal FOI requests and/or appeals could have been saved if the town enacted a Routine Disclosure Policy like it was supposedly doing three and a half years ago.

Related:

A Year Later, No Town Policy Re Routine Requests For Information

Request For Routine Disclosure Policy Now Two Years Old

Request For Routine Disclosure Policy Now Three Years Old

Councillor Prue Supports Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Amherstburg Needs Routine Disclosure Policy

Reporter’s And Individual’s Requests For Information Compared

Accessing Information In Amherstburg

Delegations On October 10 Council Meeting REVISED Agenda

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Interesting. Shirley Curson-Prue, Mayor Prue’s wife, will delegate on behalf of the Belle Vue Conservancy regarding the Belle Vue Expression of Interest. Curson-Prue is vice-chair of the Heritage Advisory Committee that met in-camera on September 21 to review Expressions of Interest.

Mike Lavigne will also delegate on Item 14.3 Belle Vue Expression of Interest.

There are no speaking notes attached to Curson-Prue’s delegate request form or Mike Lavigne’s request form.

A new inconsistency? Speaking notes were insisted upon as part of delegates’ requests and were routinely attached to the agenda and attaching speaking notes was mandatory for the online request form to be accepted.

CAO Critchley did highlight the following in an email:

The Clerk may, from time to time, establish or amend procedures related to the Delegation Process, provided that such procedures do not conflict with the provisions of this By-law.

Then there will be a Presentation – a concepl drawing is attached without any related information.

The admin’s recommendations that:

  1. The Loop Family Amico Belle Vue Expression of Interest proposal BE APPROVED to proceed to next steps in the evaluation process and;
  2. Administration BE DIRECTED to request the Belle Vue Conservancy pause any further efforts until such time as Council has made a final decision on the proposal and;
  3. Administration BE DIRECTED to facilitate discussions between the Belle Vue Conservancy (BVC) and proponent to ensure there is agreement and direction on the recognition of donors, handling of unspent donations and various antiques identified for potential use at Belle Vue Manor; and, 
  4. The execution of the confidentiality agreement BE APPROVED for the Expression of Interest to proceed to the next steps of the process.

It seems excessive that the town posts an agenda, revised agenda, and an addendum that is called a supplementary agenda, in both html and pdf when one universal document would suffice. Besides, the revised agenda duplicates addendum items.

Bolger’s Presentation/Delegation To Council September 25

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Warning – long post; put the kettle on or skip the details and read the summary below.

SUMMARY

Bolger was a presentation which, according to CAO Critchley ‘is a form of delegation and delegation rules apply equally’; no delegation request form was on the agenda, no speaking notes, and no letter. Bolger’s letter was on the August 10 Heritage Committee meeting agenda; the RTT reported on Bolger’s letter and the committee meeting; the heritage committee meeting Brittany’s Gate audio portion is unavailable; Critchley advised Bolger would be available for questions and would not be making a formal delegation – he was placed under the “Presentations’ and the letter was available in the Council In Camera Share Point folder; if I wanted a copy to please submit a Freedom of Information request; there was no notice of in-camera meeting.

DETAILS

Friday, September 22, 2:25 PM email notification from the town: Supplementary Agenda – September 25, 2023 contained only one item: PRESENTATIONS, 9.1 Presentation – Re: Item 13.2 Street Naming – Brittany Crescent and Stone Street – Norbert Bolger.

Sunday, September 24, 6:53 PM, I emailed questions about the procedural by-law to all members of council, including question 1: how was it determined that Mr. Bolger will be a ‘presentation’ at the September 25 council meeting instead of a ‘delegation’ when presentation is not defined in the by-law and he will be speaking to an agenda item like a delegate? 

Monday, September 25, 9:11 AM Councillor Pouget emailed all members of council and CAO Critchley: These are all very good questions and I for one, would appreciate answers to them, concerning our new procedural by-law.  When time permits, will you or one of your staff please respond to all copied in this email?

September 25 9:33 AM, Critchley emailed answers in red below my questions:

how was it determined that Mr. Bolger will be a ‘presentation’ at the September 25 council meeting instead of a ‘delegation’ when presentation is not defined in the by-law and he will be speaking to an agenda item like a delegate?

A “presentation” is a form of a delegation and so the rules for delegations apply equally. Mr. Bolger registered within the time frame set out in the Procedure By-law and notice of the delegation was made public with the revised Agenda which was posted on Friday.

September 25 council meeting AGENDA contained three items related to Bolger’s request:

  1. item 9 PRESENTATIONS, item 9.1 Presentation Re Item 13.2 Street Naming – Brittany Crescent and Stone Street – Norbert Bolger with a note that this item has no attachments;
  2. Item 13.2 under REPORTS – PLANNING AND DEVELOPMENT SERVICES Street Naming – Brittany Crescent and Stone Street with three attachments: Brittany Gate – Street Naming.pdf; Appendix A – Street Naming Policy.pdf; Appendix B – Street Name Inventory (unused names).pdf.
  3. item 19.1.Minutes – Heritage Committee August 10, 2023

September 25 DISCUSSION RECAP:

Mayor Prue noted he didn’t have any delegations; he had one presentation, Mr. Norbert Bolger, who he asked to come forward and stated before he does, he needs a motion from council to bring forward items 13.2 and 19.1 which both deal with the matter. 

Bolger stated he was not going to make a presentation; he was just going to be there to answer any questions, that he sent a letter in to the town and everybody has it. He also said he’s talked to some members of council regarding the naming of the street, one of the streets and Britney’s Gate. He went to the heritage committee and got their endorsement on it so he’s here for the final endorsement from council and if there’s any questions he’d be happy to answer. There were no questions.

Councillor Crain said he will be supporting the motion, the heritage committee, which he’s a part of, did endorse it so he thinks it’s only fair that they follow recommendations from their committees; without them he’s not sure why they would even have committees if they’re not going to listen to it. Norbuilt and their family has played an integral part of helping shape our community and he thinks it’s only right that they help them recognize their daughter while also acknowledging our history with Stone Street recognizing the world war two veteran as you make your way into the subdivision and that’s why he’ll be supporting it.

Crain also asked staff, the current street naming policy that we have in place I can’t recall, looking for clarification is that policy out of date or currently being reviewed? Knowing that this was a topic for committee and then council decision, he could’ve just checked for himself.

Later, Bolger wanted to speak and Prue said it had to be a unanimous vote to allow it. Deputy Mayor Gibb spoke against allowing Larry Amlin to speak at the September 11 council meeting, citing a question of equity; Councillor McArthur also voted against. The motion allowing Bolger to speak carried.

FOLLOW UP EMAILS

After the meeting, at 9:01 pm on September 25, 2023, I emailed all members of council and CAO Critchley and requested a copy of Mr. Bolger’s delegate request form as it was not included with the agenda as has been standard practice. I also requested a copy of his letter which was referred to but also not attached to the agenda. 

September 27 at 12:55 PM, Councillor Diane Pouget emailed: I fully support your request. I am also requesting the form and speaking notes Mr. Bolger was required to submit as per the policy. It appears Mr. Bolger submitted his speaking notes to the Heritage Committee, so why wasn’t it submitted to Council and the public as required?

September 27, 2023 7:11 PM, I emailed all members of council and CAO: thank you Councillor Pouget. I really appreciate all your efforts to represent your constituents and to ensure rules are equally and fairly applied to everyone.  

September 28, 2023 12:32 PM Councillor Pouget emailed all members of council and CAO and thanked me; I believe that each and every member of Council should be equally concerned if the proper protocol was followed and should be entitled to view the form and speaking notes by Mr. Bolger, as required by every delegate according to our policy. As a Councillor for the Town of Amherstburg, I am requesting a response to this question.

September 28, 2023, 4:35 PM, Critchley emailed, As Mr. Bolger had indicated to the Clerk’s Office that we would be available for questions and would not be making a formal delegation, he was placed under the “Presentations” section of the meeting. It was clarified when the item came forward that he was there for questions only. I would also note that, as Mr. Bolger was available for questions regarding his application that was before Council, we already had all of his contact information. In all of these circumstances, a form was not required. In addition, section 9.5 of the Procedure By-law states the following: (original yellow highlight)

The Clerk may, from time to time, establish or amend procedures related to the Delegation Process, provided that such procedures do not conflict with the provisions of this By-law.

I am attaching a copy of the Procedure in this regard. With respect to the letter sent to Council by Mr. Bolger, as it contained personal information about an identifiable individual, it was provided to Council as a P & C attachment prior to the meeting and is available in the Council In Camera Share Point folder. Particularly, an email alerting all of Council to the letter were sent on Monday at 3:57pm by the Deputy Clerk and a follow up email was sent to all of Council from the Clerk at 4:41pm. I have attached a copy of that email for your reference. (see emails below).

Ms. Saxon – should you wish to request a copy of the letter submitted to Council please submit a Freedom of Information request.

September 28, 5:09 pm, I emailed members of council and CAO Critchley, an FOI request will not be submitted since I already have Bolger’s letter; it was posted publicly on the heritage committee’s public agenda. but this does indicate the urgency by which council needs to create a routine disclosure and active dissemination policy in keeping with municipal best practices.

Critchley’s attached emails:

Deputy Clerk Sarah Sabihuddin September 25, 2023, 3:57 PM, email to members of council, the CAO and clerk, subject: Council SharePoint Site – Additional In-Camera Documentation – September 25th: An additional item has now been uploaded to the Council SharePoint site in the Special In-Camera folder. This is in relation to tonight’s presentation 9.1 and report item 13.2. 

Clerk September 25, 4:41 PM, email to members of council, the deputy clerk, the CAO, subject: RE: Council SharePoint Site – Additional In-Camera Documentation – September 25th: For additional clarity, this is the correspondence you will have already received from the applicant, Norbert Bolger, during previous communications, but a request was received to provide it under separate cover owing to the personal and confidential details about identifiable individuals noted therein and the sensitivities around those details. Out of an abundance of caution and in respect to the privacy of the associated individuals, we have done so. 

New Clerk Becomes New CAO

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Amherstburg’s town clerk, Valerie Critchley, hired in October of 2021 has become the town’s new CAO, following the sudden departure of CAO Peter Simmons.

Mayor Aldo DiCarlo is quoted in the town’s media release, “We are fortunate to have this exceptionally talented CAO on our team and convinced Valerie will successfully lead the way during these exciting times of growth and development.”

Mayor Aldo DiCarlo is quoted in the town’s media release on the hiring of CAO Peter Simmons, “Council has agreed that Mr. Simmons has everything needed to lead Amherstburg into its next exciting chapter and made a unanimous decision to appoint him in this role.” 

What happened?