RECAP Economic Development Advisory Committee Meeting January 15, 2026

Another contentious and confusing committee meeting with chair Pat Simone on zoom. Both she and Alan Buterbaugh were re-elected to their respective positions of chair and vice. 

Not much was accomplished. As usual, Crain offered kudos to staff and asked admin to explain the purpose of the work plan for the benefit of viewers. Not sure why he didn’t just explain it himself. 

Most of the time was wasted on admin’s longwinded speeches to Councillor Pouget explaining why five delegates were denied the opportunity to speak at this meeting and Kurt Reffle’s preferential delegate treatment at the November 26 meeting.

My understanding of explanations is:

The appropriate time for delegates to speak was then, in November, not now, but delegates can speak in the future – only when the item is on the agenda, accompanied by an admin report. Furthermore, both must be true: there would have to be a report or by-law before the body and there would have to be an action or recommendation. So why was Kurt Reffle allowed to speak when neither was true? There was no admin report or recommendation. The clerk’s clarification was that the initial working session in November was a brainstorming session and the appropriate time to provide new ideas was then, as Kurt Reffle did. Delegations for January 15 were in order, but they’re in order for a future date. But the clerk said the work plan is a “living document so it can be revised, amended, as you need to.” (But five delegates were denied speaking on it?)

Following Robert’s rules of order would result in more efficient meetings.

MINUTES

Instead of first asking if there were any corrections, per Robert’s rules of order, Simone asked for a motion to approve the October 16 minutes and got a mover and seconder. 

Councillor Pouget noted an omission of her declaration of a conflict regarding Belle Vue.

After the clerk noted the minutes would be amended, Simone asked for a motion to adopt the minutes with those changes noted.

“Seeking confirmation from the mover and seconder that that is a friendly amendment,” said the clerk. 

(Not in the rules. Corrections are made and the chair simply asks for a motion to approve the minutes as corrected).

Simone repeated her request for a motion of adoption before asking if there were any corrections for the October 16 special in camera and November 26 meetings.

Councillor Pouget mentioned complaints about five delegates’ denials and Kurt Reffle’s delegation lasting over 11 minutes and how he spoke about items not on the agenda, an ongoing theme throughout the meeting.

Simone didn’t offer an explanation at this meeting why she didn’t stop Reffle after five minutes, which is the procedural by-law limit (and usually strictly enforced), but CAO Critchley answered my inquiry. Critchley stated “…the chair was attending remotely and did not see the email from the Policy & Committee Co-ordinator alerting her that the delegate was “at time.”

Simone asked the clerk to speak, and he did at length. To summarize, he pointed out the discussion was about the minutes. As for the delegates, the initial working session was a brainstorming session and the appropriate time to provide new ideas for the work plan suggestion was during the November meeting for which Mr. Reffle did. 

Pouget said she would raise it at the appropriate time.

Proposed 2026 – 2030 Economic Development Advisory Committee Workplan

Simone first asked if administration would like to speak on any of those items. 

(This seems to be a bad habit – asking admin to speak before council/committee members).

Deputy CAO Osborne believed they captured what was said but noted a member identified a missed item. 

Michael Deneau noted one item discussed last week (it was November) was additional infrastructure investments be endorsed to provide for expanded events and short term accommodations, which includes, but not limited to festival stage and Marina and expanded KNYP. 

Councillor Crain said he had a question, not on that topic, just a question overall about the work plan.

Simone said go ahead. 

(she shouldn’t have allowed Crain’s question if it was unrelated to the topic. Why wasn’t he told this was not the appropriate time? There seems to be no hesitation to tell Councillor Pouget when it’s inappropriate.).

Crain asked Osborne, for the public’s knowledge, if she’d be able to reiterate the purpose of the work plan and next steps overall. 

(Shouldn’t he have just been able to inform the public himself? Some of us watched the November 26, 2025 meeting discussion re the purpose of the work plan so I’m not sure we needed a reminder of what it’s all about).

Osborne explained the work plan is a work plan for this committee to adopt. It then goes to council, not for approval, but for awareness and adoption only. It does not set direction to council. It is just really what will inform this group for the remainder of the term, as well as the next potential Economic Development Advisory Committee, presuming that the next council strikes said committee. So this would help inform the next council as well what this committee feels its purpose and reason is for the community as well is they consider that particular item as well. 

(got it?)

Pouget spoke about the potential closure of Murray Street and the relevant 2024 council motions. On this work plan, it says ‘near,’ which means close or at hand for the term for our goals, that administration be directed to bring the report back regarding the potential closure of Murray Street to the Economic Development Advisory Committee for the Committee’s review and comments to be provided to council. 

Pouget noted the item remained on the unfinished business list and wasn’t brought forward. She said they asked why not. 

Well, it was because it was a very controversial issue and council was aware most people were opposed, and there was a petition against it. Unfortunately, no one was allowed to present the petition to council because it was never on the agendaIt wasn’t on the agenda. At no time in one and a half years did administration check with business owners and people thought it was a dead issue, until Mr. Reffle and three members of the chamber appeared. It was not on the agenda

Under the work plan’s midterm goals, Pouget noted additional programming around Open Air weekends was also never on the agenda, but Reffle spoke about it and it became part of the work plan. Yet five delegations wanted to speak on the work plan, and they were all denied. So, what is the difference?

The clerk spoke again about the five delegates’ requests. He started off with certainly, which he uses quite frequently, they have not been denied; they’ve been held in abeyance.

(Not being allowed to exercise one’s right to freedom of expression when one requests to do so is a denial). 

He continued, there’s a structural difference in that meaning – that meaning is that those requests are held until that matter comes before the body. (But it was before the body January 15). So tonight, the merits of the items are not for discussion. Those would happen at the point when those reports come back. At this point, it’s merely the discussion on what pertains to what is in the work plan. At the last meeting, when that delegation was made, a delegation was to include that as a future work plan item and so it certainly was in order. These delegations while in order, they’re in order for a future date when that matter should come back to them. 

(got it?)

Pouget said Open Air was not addressed. No one was allowed to speak on it for two years, yet Reffle spoke on it and these people can’t. 

Pouget noted the other unaddressed item was why they didn’t proceed with direction from council to meet with all the businesses – they’re here tonight to tell you that no one met with them, no one in one and a half years; but that’s put on our plan.

Osborne provided a long winded response not just about why the conversations haven’t happened; she spoke about Kurt Reffle’s delegation last November and the delegates that were denied an opportunity to speak at this meeting. 

Osborne explained: Quite simply, there was a miscommunication internally, because the direction and the transportation master plan was brought forward by infrastructure services. Our understanding is that infrastructure services were given the direction by council to solicit the businesses. Infrastructure services felt that that is (inaudible) normally part of theirs and it would be economic development, and we have since (inaudible) that, and we will be working with the businesses in the area to bring a report back to council on the matter. 

More repetition about the delegates’ denial. Osborne reiterated the delegates’ requests are held in abeyance until the report comes back. Then they can either address this committee, or council. What he was trying, in earnest to do, (does she know his state of mind?) was to ensure that when the actual report comes forward, and these people are likely wanting to speak to council directly and/or this committee, that those rights are continued to be preserved, and that’s simply what we’re attempting to do. The meeting that happened in November was specific about the work plan and proper delegations were received. 

If delegates wish to delegate at that time to this committee, they’re welcome to, understanding if they delegate on that matter before this committee, they will not be able to delegate before Council on the same one. That is the way the procedural by law works. 

(I’ve asked the Critchley to provide me with the procedural by-law section of this rule). 

How many times does the work plan have to be explained?

The clerk explained to Pouget: a work plan in itself is future work to be undertaken. And so what you do when you create a work plan is you brainstorm what it is that you’d like to discuss in the future to provide recommendations. This body is a body that cannot make determinations. It can only provide recommendations to council. And so at the time at which they (not they, since Pouget is on the committee) were doing their brainstorming session, you guys were doing your brainstorming session. The idea behind that session was that the work plan was going to be discussed, which would entail what work the committee would like to undertake, as you can understand, presupposing what work the committee would want to undertake would prevent that committee members from doing the essential job of brainstorming those ideas. That session is intended to provide that those ideas would be generated for future discussion. And so the agenda itself references that they’re going to have a discussion, the body, about what future work they would undertake, and then the appropriate time to delegate on those matters would be when those matters come back. So I don’t want to confuse the issues at the time at which a work plan is being generated. It is, by its very nature, a brainstorming session where ideas are thrown at the wall to see whether or not the body as a whole wants to discuss them at a future point in time. 

(got it?)

Crain had two comments. I feel like we’re going in circles here (then blame admin). First comment is under new business any member of this committee or anyone at Council can bring up any item they want to discuss under new business. Opinions aside, that’s the purpose of new business. (Who needs an explanation of the purpose of new business?) And quite frankly, there’s many motions that are brought up under new business at every council meeting that I may not agree with or that the public is not able to speak on. (For example, when Crain votes against hearing people speak). So it was in order. The committee voted on it, council voted on it, and I imagine there’s going to be items under new business tonight that the public isn’t able to speak on with advance notice. Secondly, (here comes the cheerleading) the year and a half comment, I believe staff have a lot of competing priorities and a lot on their plate. And folks in the audience can make comments if they wish, (as is their right), but I think there’s a lot more pressing issues that the town is facing that staff are working on, and I think they’re doing a great job in balancing what they can so those are my thoughts.

(a year and a half of inaction is not something that should be cheered).

Buterbaugh asked if there is a document that the public has access to that defines the criteria for being a delegate. (he doesn’t know??) And if so, is it, is it described in the way you’ve described it tonight? 

The clerk answered: yes, so the procedural by law sets out what is a delegation and how that would work. Further to that, there is also, of course, the web page where it sets out if you want to speak at a council or committee meeting and how you do that, and it sets out the parameters for doing so. 

Buterbaugh then asks is that document clear about the fact that an item, an item needs to be on the agenda for a delegate to speak to it?

The clerks answers yes, there must be a report or a by law before the body. Further to that, the delegation in the definition of it, there has to be an action item associated with it, or a recommendation that’s being made to council. Both of those things would have to be true. There would have to be a report or a by law before the body, and there would have to be some sort of action or recommendation to come out of that.

(Reffle’s November 26, 2025 delegation request form stated the item he wished to speak to was not on the agenda, contrary to the town’s procedural by-law. 

Buterbaugh continued: then it appears to me that there has been a misunderstanding around the purpose of the work plan, because it’s in a work plan, it’s not necessarily an agenda item, and I think that’s where the confusion is.

The clerk confirmed he was correct.

Crain asked if they were seeking a motion on 8.1 or just to receive.

Simone should’ve been able to answer but the clerk advised what the appropriate action would be – adopt a work plan tonight; of course, it is a living document, so it can be revised, amended, as you need to, but it gives some guidance to council on what you’re working on and to administration, what further reports and items you’d like to see in the future.

Crain moved the work plan for adoption.

Pouget: further to what Alan just stated. We just heard it has to be on the agenda. It has to be on the agenda. Our previous speaker in November spoke on items that were not on the agenda. There was no motion, no direction, regarding Murray Street or Open Air, and he spoke on both of them, that’s what my point is, and no matter what we do, how good this committee is, that will be forever, that shadow will follow us no matter what we do.

Simone said, I believe the clerk has answered that question as well as administration, the delegate came forward knowing that the work plan was on the agenda, and he was providing his comments and suggestions to make Amherstburg a tourist destination, if I remember the presentation correctly. So he did speak on items that were on the agenda and the clerk or administration, if I’ve misinterpreted that, please let me know. But that is my understanding.

Osborne  You are correct, Madam Chair. So the work plan itself was the discussion on the November meeting for which he delegated, and all of the topics that he spoke to were things that were identified in the previous work plan that were being discussed at that time about whether or not they should proceed or be amended. Administration had provided identification of things that had already been completed. And he spoke to Murray Street, which was on the agenda, and I do believe Open Air was as well in this particular listing, as well. 

The clerk chimed in: just to build on that, I have loaded up the agenda and placed on the screen so that it’s clear that the previous work plan, which does include things like the closure of Murray was on the agenda, was there for public notice so that people could provide any comments they wished.

(I thought both must be true: there would have to be a report or by-law before the body and there would have to be an action or recommendation, which there wasn’t).

Simone, because she was on zoom, wasn’t sure if there were any other questions or comments. 

Comments about the establishment of ‘districts’ in the area. 

(Like the Anchor District?)

Economic Development Newsletter

Jack Edwards asked questions about the signs. 

Osborne answered: council directed administration to seek an advertising agency that would be able to advertise on those signs with guaranteed revenue to the community. So that has since happened. However, the town continues to secure rights on the digital signs for any advertisements that are required for town business and or nonprofits, and there’s a process for that. However, anything that’s business related goes through the third party, which is Patterson, and those revenues are directed to an economic development reserve fund for use as and when we request it to council and with their approval.

Unfinished Business – none.

New Business

Simone believed there were some items that wanted to be discussed on this section.

Osborne had a couple of ‘new business items that we wanted to bring forward.’

(Who is we?)

  1. Nominations will open in February for the chamber’s excellence awards.
  2. This week’s RTT River Bookshop ad about what makes Amherstburg great, a collection of businesses, stories, history, families, social heritage that they are looking to do. I believe it’s every week for the next 50 weeks to share those good news messages. And just wanted to relay that to this economic development committee. We’ve been given permission by them to use it as and when appropriate for any of our marketing and advertising for prospective investors.
  3. The only other item that I would want to add, and I guess this could have been under unfinished business. Just before the holidays, people are probably already aware, but the Diageo plant has been listed officially for sale. It’s our understanding that they’re not entertaining any walk throughs until the February timeframe, we have been in dialogue with various parties, and we have been in dialogue with Diageo as and when appropriate. However, at least, it is moved forward in that particular regard, and we are certainly actively pursuing as and when we have the opportunity to help reactivate or reimagine that site to additional jobs or new jobs. 

Jen Ibraham also wanted to bring to their attention the chamber’s annual general meeting on March 4 and they are looking for board members. 

Mr. Morrison asked about future meeting dates.

The clerk said he didn’t have it in front of him, but he’d send out the schedule. 

Pouget asked if there was an approximate timeline for meeting.

Alan said not a new item but regarding the work plan, will the updated work plan be sent out to this committee.

Osborne said the updated work plan, as amended based on motions today, will be sent to you, and then it will be also on the next council agenda, which might be February 9. 

The clerk advised the committee that during an election year committees usually don’t meet after June.

Pouget said Peggy Thompson requested to ask a question, but she wasn’t sure if she’d be allowed. Pouget asked if they could waive the rules of order.

Simone thought procedural by-laws for a committee do not allow for that like at Council. 

The clerk the chair is correct. The delegation of authority that exists only extends to council to waive Council’s by laws. There is no provision for a committee to do so, and so it is not possible for a committee to waive Council’s procedural by law.

Meeting adjourned.

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:

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.

Open Air Approved/Not Approved

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?

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

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

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

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?

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)

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

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?