Monday August 21st Regular town council meeting

Well, I arrived to tonight’s meeting feeling very positive and full of energy and spirit. I left feeling the complete opposite.

**Deputy Mayor DiPasquale was absent tonight.**

There were about 30 people in attendance tonight, that was so awesome to see! Most of them did not make it to the end LOL. Actually, neither did I. I left at 9:00 and I have to guess the meeting is still going and going and going…….There was probably more talk about trees than I’ve ever heard in my entire life…..my pen ran out halfway through the meeting…..by the end of the meeting I had run out of paper and was writing on the back cardboard page of my notebook…..my butt was sore (even in spite of my wonderful seat cushion)…..my fingers were sore from writing…..my eyes were sore…..my brain was sore….my ears were sore……one councillor spent quite a bit of time on his cell phone near the end (can’t really blame him)…..another looked like he wanted to be anywhere else in the entire world but there…..I could see blank stares into the distance (some on council, some members of the public)……It was like there was no end in sight…..Then when I left, the parking lot was pitch black (I guess they’re trying to save on hydro costs????) but fortunately I was with a friend……

Okay, rant over. I’ll do my best with what little energy I have left.

When I arrived around 5:45, council was still in their in-camera meeting discussing :

SPECIAL IN-CAMERA COUNCIL MEETING

ITEM A – Senior Administrative Update – Section 239(2)(b) – Personal matters
about an identifiable individual, including municipal or local board employees;
and Section 239(2)(d) – labour relations and employee negotiations
ITEM B –  Administrative Update – Section 239(2)(b) – Personal matters about an
identifiable individual, including municipal or local board employees; and Section
239(2)(d) – labour relations and employee negotiations
ITEM C – Property Disposition/Acquisition Update – Section 239(2)(c) – A
proposed or pending acquisition or disposition of land by the municipality or
local board

They finished up around 6:00 and we all went in to sit down. I was so happy to see so many people there tonight!

DELEGATIONS
Sign Variance Request – Brad Bondy, Broker, Re/Max Preferred Realty Ltd.

First up, Mr Bondy came forward to ask for a sign variance. He kept it short and sweet (have I ever mentioned how much I love that?). He was asking to put a sign advertising his Re/Max business on another business property he owns where there is a flower shop. He wanted to be able to advertise both businesses there. Councillor Pouget asked why, in particular he needed a variance. Mr Bondy explained that he owns the building but it is not his place of business, therefore he needs council’s permission. Councillor Pouget asked some specifics about the size of the sign etc. Administration explained that he needs permission for off site signage, a variance for a pylon sign because it needs 25 foot frontage and a setback from the sidewalk. Administration was asking for more information for the sign. Mr Bondy said he would do whatever is necessary. Councillor Pouget made a motion to defer the request until all of the information is brought back. So, motion deferred and we moved on.

Medal Presentation to the Town of Amherstburg- Peter Thyrring,
Headmaster, Cameron Sinasac and Deven Bastien, Students, St. Peter’s
ACHS College School

Two young boys delegated before council. It brought a smile to my face. They explained how their school moved to Amherstburg in 2014. They’re the smallest school in Ontario. The school provides individualised learning and the boys cited some examples. Last spring they won a gold medal in a hockey tournament. They felt they had won the medal for themselves, for the school and the town of Amherstburg. They presented a medal to Mayor DiCarlo to much applause and a photo opportunity. The Mayor said that the medal will be displayed proudly.

Mr Conte – re : Second Concession and the rail way

Councillor Pouget asked to waive the rules of order to allow Mr Conte to speak and present a petition. This passed, so he spoke.

Mr Conte had a petition that was signed by residents that live on the Second Concession Road between Texas Road and Middle Side Road. He said that there were 96 box cars parked on the tracks and that kids were walking on them. They presented a danger. He said that Councillor Pouget helped him when he approached her about the problem. It seems the boxcars held liquefied gas and that she pushed to have the tank cars removed, but they’re now at General Chemical. It seems there are still box cars present, although they do not hold liquefied gas. He said that his land is landlocked and he has to pass under the box cars to get his property that he owns on the other side. He feels the box cars are devaluing the property and they’re affecting his ability to get to the other portion of property that he owns.

The Mayor explained that if the petition were accepted by council, all the people who signed it have to be okay that the information will be made public. Councillor Pouget clarified that it was Deputy Chief Tome who effectively had the box cars removed, once she contacted him. She made a motion to direct administration to correspond with Essex Terminal to remove the box cars. Councillor Fryer seconded the motion. Chief Montone spoke and explained they had intervened and that Essex Terminal had removed the box cars that had the liquefied gas, but he felt that the motion should include allowing the residents access to their property. Councillor Lavigne asked if the town would need to proceed with legal action based on previous contact. CAO Miceli explained that there’s nothing that can prohibit the railway from having the box cars there. Councillor Fryer felt it was necessary that emergency services know the content of the box cars. The Clerk explained that this was already required in the legislation. Chief Montone explained the reporting obligations, that they must provide the required information to emergency providers but that only the railway can release the information to the public, it’s beyond the town’s powers. The Fire Chief said he could provide a report that would outline the legislation for council. So, that was added to the motion too. Councillor Courtney questioned the levels of power involved and the Mayor explained that the railway is federally legislated. Finally, the motion passed for administration to communicate with Essex Terminal and the feds and the Chief would prepare a report outlining the legislation.

2016 Asset Management Plan – Todd Hewitt, Manager of Engineering
and Operations

Mr Hewitt outlined the town’s Asset Management Plan. He said that the plan will assist the town with getting funding for various projects. The Plan is also a requirement of the government. It presents an opportunity for cost savings and provides long term and comprehensive asset management. He presented the vocabulary and explained that “life cycle cost” was important as that incorporated repairing vs replacing. Mr Hewitt then went into presenting some pie charts for each area of road infrastructure…….brace yourselves…..The Roads infrastructure has 33% in poor or very poor condition. The bridges and culverts has 23% in poor or very poor condition. The Water infrastructure has 27% in poor or very poor condition. The wastewater infrastructure was 22% in poor or very poor condition. Councillor Pouget expressed concern about the percentage of sewage infrastructure in poor or very poor condition. Mr Hewitt explained that a lot of it is old, 100 years +, some is located in beach areas and has seen it’s life cycle. The Storm-water system is 17.9% in poor or very poor condition. The Buildings are 31% in poor/very poor condition. Machinery and equipment is 59% in poor/very poor condition. (Yikes…..I could smell a tax increase…..) The Land improvements (parks, bleachers, equipment) was 33% in poor/very poor condition. Town vehicles was the “big red”…..at 72% poor or very poor condition. And finally, Information Technology was 75% poor or very poor condition. (For those of you reading this before bed, I hope I did not cause you nightmares…..) The grand total of town infrastructure that is poor or very poor condition is 15% or about $88.8 Million…….

Councillor Courtney expressed that she felt almost sick. She felt we were behind yet had made so much progress, that it was an oxymoron (I have to say I agreed….) . Then she asked if they would have to raise taxes. The CAO explained that this is a huge problem in the entire province. He feels that the province needs to change the funding formula. He explained why the levies are important to have some money available for these upcoming needed repairs. Councillor Fryer said that the plan was important because without the plan, the town can’t get any grant money for repairs. So, after a little more discussion, the plan was accepted and we were moving on.

Tree Inventory Project – Eric Chamberlain, Manager of Public Works
and Bill Roesel, Arborist

Mr Roesel, an arborist, presented a comprehensive report about every single publicly owned tree in Amherstburg, except the ones located in parks. There were 4181 trees surveyed. He explained that trees have a monetary value and not just an environmental value. He explained that there should not be more than 10% of trees that are any one species. He also spoke of the “share” trees, where trees are partially on town property and partially on private property and they create liability for the town. He explained that 86% of our trees are in good shape! (Yay!!! Some good news after the infrastructure report….) There has been a value of $6.8 Million attributed to the trees. All of the town’s trees have been organised by species, health, size and location in the presentation. The priority 1 trees are classified as the trees that require removal as soon as possible as they present a hazard to the public as well as smaller trees that are dead. It appears there are 46 trees that are identified as priority 1. (It seems administration has already started the process of removing some of the priority 1 trees.) The priority 2 trees are the trees that require removal within the next 4-6 months before they become hazardous. There are 72 trees identified as priority 2.  And finally, priority 3 trees are  trees that require removal within the next 12 months before they become hazardous. Mr Roesel also explained the challenges with the Norway Maple tree. It seems 65% of the trees in the town core are of this variety. He explained that they are prone to fungus and they have girdling roots. These roots seem to have the desire to strangle themselves…….(hmmmm……..I can relate to that tonight) He also spoke of the importance of maintenance and trimming at the proper times to create the proper clearances.

Councillor Pouget explained that there have been problems in the past with tree removals. It appears that there were some trees on Richmond Street that a previous administration said had to come down, but the citizens hired their own arborist who said the trees were okay. She felt that the people have the right to know and hire their own arborist. She also wanted to know if the trees coming down were for sight line purposes or actual danger. Mr Roesel explained the challenges of the municipality and the liability that trees can create. Councillor Pouget felt that ERCA provides services with advice for tree removal and she also questioned the recommendation for the town to hire an arborist. CAO Miceli explained that administration was simply requesting to budget for 2018 to possibly hire an arborist. He seemed unsure of ERCA’s services and said that each municipality is responsible to identify and deal with their own trees. He felt that if council elects to supersede the report it would leave the town as fully responsible for any liability issues. (Timber!!!!!) He explained the only trees studied were the ones dealing with the public right of way and not the trees in the parks. He pointed out that it was important to move forward and that the trees can be replaced.

I’m not going to lie…………the discussion went back and forth for a ridiculous amount of time about the trees…..my fingers are tired, my brain is fried……..Finally, Councillor Lavigne expressed that we have been cutting down trees since forever and that it’s an ongoing responsibility and business as usual.

So finally, council accepted the arborist’s report and we moved on…..away from the trees….for now……

Parks Master Plan Start-up Presentation – Rebecca Belanger, Manager
of Planning Services

Guess where else you find a lot of trees??? A park perhaps…..?

Ms Belanger presented the parks master plan. The town has never had this before and money was budgeted in order to make it happen. She explained that Monteith, Brown had been awarded the contract. They will review and provide an analysis of the parks. There will be public engagement sessions and an action plan as well as an online survey, interviews etc. She presented the proposed schedule. This report was accepted fairly quickly with few questions.

Community Improvement Plan Project Initiation – Rebecca Belanger,
Manager of Planning Services

Ms Belanger presented again. She explained the Community Improvement Plan Project that is to support and provide incentives to new developments. She acknowledged that more overnight accommodations are needed. There is an incentive program for developing more overnight accommodations and for improving business facades within the central district of town. She said that public engagement will be on it’s way shortly. Once the plans are developed, they’ll be presented to council at a public meeting. Once again, she presented the detailed, proposed schedule.

CAO Miceli explained that this is the undertaking necessary to get a hotel. (Woo hoo…!!) He said that at the conclusion of this Community Improvement Plan that the town will have a plan to provide incentives to get a hotel. (WOO HOOOO!!!) He emphasised that this council and administration are taking the steps necessary to get a hotel in Amherstburg. He said that the plan for facade improvements are necessary for the budget. He emphasised that this plan is for anyone who has doubted their desire for a hotel and in protecting our heritage. (YIPEE WOO HOOO YAY!) They voted to accept the plan!!!

Fuel Tank Removals and Soil Remediation – Tender Results

There is a report about removing some fuel tanks in town. I’m not sure what the dollar figure was. Councillor Pouget seemed to point out that they don’t really have a choice. The CAO said the good news is that it was less than budgeted. Interestingly, Councillor Meloche mentioned when there is a large surplus, this is an example of why the money should be put back into the budget. (Cricket, cricket…….Did I just hear ERCA Foundation $100,000 donation get whispered into the wind?….) This carried quite quickly.

Amending Development Agreement – 1500 Front Rd. N, Ranta Marina

It appears that the person leasing Ranta Marina wants to move a pavilion from the town property onto the marina property. The cost to the town, zero. Value of pavilion to the town, zero…..repairs are more expensive than current value. This would make Ranta Marina more attractive to boaters, sounds good to me. Also, it appears that the person who is leasing the marina wants to built 3 storage buildings so that boats can be stored there in the winter.

Councillor Lavigne asked about the pavilion. The CAO said it was originally done by the boating community, that it’s in poor condition and it’s a benefit to give it away. The Mayor said they’re doing us a favour by taking the pavilion, we’re keeping the property. So, this passed pretty quickly.

Subdivision Agreement for Meadow View Estates- County of Essex
File No. 37-T-16001, Applicant 1352120 Ontario Limited, Part of Lot 23,
Concession 2

This is what I wrote yesterday : “This looks like some great news for Amherstburg. This appears to be a new subdivision coming to Amherstburg in the Pike and Meloche road area. I can only hope that this development is welcomed with open arms.” WRONG!

Councillor Pouget said that she can’t support the naming of the streets. She said there is a list of veterans and people of historical significance to Amherstburg. She said she’d prefer names with historical significance. (I can’t help but note that our whole entire town and high school is named after a General who allegedly gave small blankets as gifts that were filled with the small pox virus to the native people………...) The Mayor said they could approve it all except for the street names. Administration concurred and said they’ve already asked staff to start some research of new street names since the old list has been exhausted. That seemed to be settled, but then……..Councillor Pouget brought up the trees. She explained that the developer used to collect $300 to then plant a tree but that wasn’t working. The CAO explained that this is a development of 55 lots, which would mean 55 trees and he did not want to hold up the development over this. There was more back and forth discussion about trees, who pays, who should pay, species etc, etc etc. It really and truly went on for some time. (One councillor was on his phone, others stared, looked around in disbelief or just looked at the ceiling.) There seemed to be only one person in the room who seemed very concerned about the trees. Maybe, maybe two. Maybe. Finally, it was all approved, except the street names. That will come later, I guess.

Drainage board minutes

Okay, at this point, council has to accept all of the minutes of previous meetings of their committees and boards. Usually, this sails through. Not this time. Councillor Pouget wondered if the neighbours were informed of the second drain that was approved for Bellewood Poultry. The discussion went back and forth between Councillor Pouget and administration. (One councillor was on his phone, others stared into the distance, others sat with their heads in their hands….) Mr Hewitt explained that the owner had applied for the culvert, the drainage board looked into it and approved it. More back and forth. The Clerk finally explained that the drainage board was appointed by council to make the decisions for them, so their decisions are binding, that adopting the minutes is simply a technicality. Councillor Pouget wondered if they should get a legal opinion. (Nobody else seemed too interested in this issue….) The Clerk said that the drainage superintendent sits on the board as the staff representative, therefore a legal opinion probably isn’t necessary. Councillor Pouget then made a motion to defer, which was seconded by Councillor Courtney. It went to a vote, but was defeated 3-2. So finally, the motion carried and the minutes were adopted.

Unfinished Business

There were a few items brought up. It was getting close to 9:00…..I was taking notes on the cardboard on the back of my notebook. I was fading fast……a friend tried to encourage me to stay…..I lasted about 5 more minutes…….then I just could not do it anymore, so I left…….at 9 PM. It’s now almost 11:00. I wonder if they’re still there?

There will be no councillor of the week this week.  Or maybe I’ll just nominate myself as councillor of the week. I went through two pens tonight, finished a notebook and ran out of paper, had my butt fall asleep and almost had to start writing on my arm. It sounds crazy, but, so was the meeting.

 

 

In preparation for Monday August 21st Regular town council meeting

Well…………….Monday’s agenda is 812 pages! Yikes!!!!! As much as I love blogging and I love my readers and followers, even this odd-ball blogger has her limits. It’s a beautiful Sunday afternoon (of a very busy weekend) and this agenda is about 800 pages too long for me! LOL. I will summarise what I feel is interesting. As for the rest of it, well I hope that the people who are paid to read it, take the time to read it. Remember folks I write this blog because ….. why do I write this blog? At this point, I’m not sure and that’s probably a blog for another day LOL. Here we go.

First up, council is scheduled to meet in-camera at 4:30 to discuss :

SPECIAL IN-CAMERA COUNCIL MEETING

ITEM A – Senior Administrative Update – Section 239(2)(b) – Personal matters
about an identifiable individual, including municipal or local board employees;
and Section 239(2)(d) – labour relations and employee negotiations
ITEM B –  Administrative Update – Section 239(2)(b) – Personal matters about an
identifiable individual, including municipal or local board employees; and Section
239(2)(d) – labour relations and employee negotiations
ITEM C – Property Disposition/Acquisition Update – Section 239(2)(c) – A
proposed or pending acquisition or disposition of land by the municipality or
local board

If they managed to discuss all of that in an hour and a half, the regular meeting, open to the public, is set to start at 6:00. (ish?)

DELEGATIONS
Sign Variance Request – Brad Bondy, Broker, Re/Max Preferred Realty Ltd.

It appears that Mr Bondy is requesting a variance to the new, more restrictive sign bylaw. With the changes that were put in place, a business can only install a sign or use a portable sign, directly on the site/property where they do business. It looks like Mr Bondy wants to put up a sign advertising his Re/Max business on another property that he owns in town. I await, with interest, council’s decision.

Medal Presentation to the Town of Amherstburg- Peter Thyrring,
Headmaster, Cameron Sinasac and Deven Bastien, Students, St. Peter’s
ACHS College School

This looks like a warm fuzzy delegation (not too often I get to witness those).  It appears that the boys won a championship medal. It was won by the St. Peter’s ACHS College School Hockey Team. The boys played and won the championship at the Brampton Beast Hockey Tournament in Toronto – Tier II grade 7/8 . It looks like they are sharing their success with the Mayor and the Town of Amherstburg and are going to present the Mayor with one of the medals that they won. How exciting!

2016 Asset Management Plan – Todd Hewitt, Manager of Engineering
and Operations

This report, quite frankly, is probably one of the most comprehensive, mature and forward-thinking planning documents that this town has ever seen. (There are several similar documents on this agenda.) It appears that this plan is a process “of making the best possible decisions regarding building, operating, maintaining, renewing, replacing and disposing of infrastructure assets”. I would have to guess that this plan will help this, and future, councils, going forward, to make decisions in regards to the various town assets. It will assist the municipality in identifying high priority infrastructure projects and also for long term planning, design, and management of infrastructure assets. I feel that I can not even do this plan justice in a summary, it is truly, so comprehensive with charts, legislation, statistics etc. I’m excited to hear the presentation. If this plan can’t help council to make decisions, I don’t know what can.

Tree Inventory Project – Eric Chamberlain, Manager of Public Works
and Bill Roesel, Arborist

Yet another extremely comprehensive report of every publicly owned tree in the town of Amherstburg. There has been a value of $6.8 Million attributed to the trees. All of the town’s trees have been organised by species, health, size and location in the presentation. The priority 1 trees are classified as the trees that require removal as soon as possible as they present a hazard to the public as well as smaller trees that are dead. It looks like the town owns around 4000 trees, there are 46 trees that are identified as priority 1. (This oughta be interesting…..) The priority 2 trees are the trees that require removal within the next 4-6 months before they become hazardous. There are 72 trees identified as priority 2. (again, gonna be interesting…..) And finally, priority 3 trees are  trees that require removal within the next 12 months before they become hazardous. (once again, going to be interesting…..). There is also an entire section about the Norway Maple trees that seem problematic.

Parks Master Plan Start-up Presentation – Rebecca Belanger, Manager
of Planning Services

And again, a super awesome comprehensive report, this time about parks. And once again, I don’t know how I can do it justice in a short summary. The plan will include a comprehensive review and analysis of parks and recreational needs based on trends and demographics. It looks like there will also be extensive public consultation. It appears that the former Duffy’s property will be included in this plan, in terms of what and how to go about development of the property. There is even a timeline and schedule in the report to make this come to reality.

Community Improvement Plan Project Initiation – Rebecca Belanger,
Manager of Planning Services

And once again, another detailed, comprehensive report will be presented. It looks like it will be a very interesting evening with lots of planning for the future. (Should be interesting as I’m not sure all members of council are interested in moving the town forward…..) A Community Improvement Plan will support and provide incentives for new developments and enhancements to existing developments. The need for more overnight accommodations is noted in the presentation. (I think I just saw a letter to the editor about Amherstburg needing a hotel.) There are also urban design guidelines included to help with architectural and urban design, culture, heritage, streetscape and more. Yet again, another detailed scheduled to bring this all to reality.

All of these documents above are serious documents that will lead our town forward into and through the next 10 years. It’s difficult to summarise such wonderful documents into a paragraph or two. I strongly suggest that if you are a forward-thinking resident of Amherstburg, that you try to find the time to attend the meeting tomorrow night (August 21) and listen to these presentations. Just skimming through them has made my heart sing. Well, that and I’d really like more company at these meetings.

Street Tree Inventory Project

It appears that administration is looking for council’s direction to take care of the public trees in Amherstburg. Specifically, to carry out the removal of the trees identified as priority 1, 2 and 3. It also appears that administration is looking for direction toward the 2018 budget in terms of money for tree maintenance and a possible arborist. From the report : “Due to limitations of staff resources, the CAO contracted Mr. Bill Roesel, former Manager of Forestry and Horticultural with the City of Windsor to complete the updated Tree Inventory for the trees located along the Town’s right of ways. Mr. Roesel has over 35 years of experience in this field.” Once again, limited resources…….what will council do? The report explains how the trees were inventories and classified as either good, fair, priority 1, 2 or 3. The report details the type of trees owned by the town and which ones are “shared”, i.e. a private tree that encroached onto town property or vice versa. There’s a “financial matters” section, but I’ll leave that up to council to figure out.

Fuel Tank Removals and Soil Remediation – Tender Results

It looks like the town has to remove some fuel tanks. The prices are in. Let’s see what they decide.

2016 Town of Amherstburg Asset Management Plan

As per the presentation above, this report addresses the Asset Management Plan. There are graphs, numbers, endless data and information.

2017 Special Event Approval

As usual, all events need council’s approval. This week, 2 events are seeking permission:

• 2017 Legion Week Parade – September 16, 2017
• Sunday Service and Picnic – September 17, 2017

The parade needs road closure exemption, to close the streets before 5 PM.

Amending Development Agreement – 1500 Front Rd. N, Ranta Marina

It appears that the person leasing Ranta Marina wants to move a pavilion from the town property onto the marina property. The cost to the town, zero. Value of pavilion to the town, zero…..repairs are more expensive than current value. This would make Ranta Marina more attractive to boaters, sounds good to me. Also, it appears that the person who is leasing the marina wants to built 3 storage buildings so that boats can be stored there in the winter.

Community Improvement Plan and Urban Design Guidelines Consultant
Selection, Award of Contract and Project Initiation

As per the presentation above, it looks like the contract needs to be awarded to someone to get this important project up and running.

Amherstburg Freedom Museum Parking Lot Agreement

It appears that the town owns the parking lot at the Freedom Museum and that the town and museum are looking to renegotiate it’s use and costs. It seems there have been problems with children playing on the lot and causing some damage. Council will be presented two options.

Option 1
Have the parking lot on King Street remain as is and put a by-law in place prohibiting
children from playing in all municipal parking lots. Essentially the Museum patrons
would continue to use the lot; and the Town would be fully liable.
Option 2
Bring back a report to Council with a recommendation to declare the parcel surplus
property and list the parcel for sale for possible future development.

Subdivision Agreement for Meadow View Estates- County of Essex
File No. 37-T-16001, Applicant 1352120 Ontario Limited, Part of Lot 23,
Concession 2

This looks like some great news for Amherstburg. This appears to be a new subdivision coming to Amherstburg in the Pike and Meloche road area. I can only hope that this development is welcomed with open arms.

Street Sweeper Operations

The report on the street sweeper that council requested is in. If anyone says anything of interest about this, I’ll add it in tomorrow night. My eyes are getting tired of reading this long agenda…..

Accounts payable

I like to see what we’re paying in legal fees as well as anything else that jumps out at me. Well, this jumped out : ESSEX REGION CONSERVATION FOUNDATION donation $700. (There’s no reason stated….maybe we had some extra money burning a hole in our pockets again? who knows……) Then we paid a third quarter levy to ERCA in the amount of 28,799.45. We paid around $12,700 in legal fees. Oh and we also paid four fees of $150 each to ERCA for permit fees. And then we paid ERCA again  for “application review – professional fees” that totaled $6,470.

So, it looks like tomorrow night’s meeting may be a loooooong one. Lots of information to be given and then voted on. I’d better get to bed early tonight so that I’m alert and ready for all of this! I hope that some of you will come to the meeting if you’re able to. I think there’s going to be a lot of forward-thinking plans being presented and they’ll be well worthwhile to hear. I think the future of Amherstburg lies in a lot of of tomorrow night’s presentations.

The aftermath of the first public consultation meeting for the new proposed burn bylaw

Well, I attended the first (of three) public consultation meetings for the new proposed open burn bylaw tonight. There was a lot of information available and I was happy to hear that the next two meetings in September will be the same format, therefore, no one needs to attend twice. Chief Montone presented elements of the new bylaw and then there was a question and answer period. I can honestly say that the meeting was not as heated (LOL) as the tree bylaw meeting last fall. Chief Montone stayed professional at all times even when he was on the hot seat. (sorry, pun intended.) Before I begin, I would like to make a simple list of things I am thankful for :

• I am thankful that I am not one of the seven people who will have to vote and make a decision on this tumultuous issue.
• I am thankful that someone pointed out to me that there were freebies to be had at the meeting….I left with a new spatula, pizza cutter and a cooking brush.
• I am thankful that I’ve only had to attend at least 75 meetings by now to finally get a small free item. (not really, sarcasm, but that’s okay)
• I am thankful that I had the song “burn baby burn, disco inferno” playing in my head during a good part of the meeting.
• I am thankful that about 50 residents showed up and everyone remained generally cordial and polite.
• I am thankful that people spoke up and asked questions.
• I am thankful that Mayor DiCarlo, Councillor Pouget and Councillor Courtney showed up and listened. (Also present was CAO Miceli, Fire Chief Montone, Deputy Chief Tome and another fire officer, I did not catch his name.)

Okay, now here’s the summary of what went down, as I see it.

Chief Montone gave a detailed presentation of the current bylaw and the proposed new open burn bylaw. As it stands now, only the farmers can have open fires. Nobody else in town can have an open fire of any type. He drew some comparisons between the two bylaws of what would remain the same, for example, the burning of residential yard waste is not permitted now, nor will it be permitted in the new bylaw. He pointed out that all municipalities in the area except Amherstburg  have permissive bylaws for burning and most have some type of permit system. He explained that since the City of Windsor is 95% urban, they follow the Ontario Fire Code and all open burning is banned.

Chief Montone acknowledged that smoke is unhealthy to breath and it pollutes the air. He explained that having the permit system allows the fire department to know who is burning and to provide them with education to do it safely. Also, it allows the fire department to recover some costs, but certainly not all. (Unrecoverable costs equals increased taxes???)

Barbecues and propane or gas fire tables are currently permitted and will continue to be permitted. The proposed size under the new bylaw for a campfire in Amherstburg is 2 feet by 2 feet. Chief Montone said that the campfire would require a 30 foot (10 meter) clearance radius. However, in the quick guide provided, it states “clearances can be reduced by 50% if surrounded by a noncombustible material (ie Brick, Masonry, Asbestos Mill board) at least 1 meter (3 feet) from the center to a minimum 30 cm (1 foot) high.” (Sorry if this information is dry, but much like kindling, it should go quickly…..) Basically, if a person lives in a permitted area (or on a permitted lot), they would apply for the permit. Then, the Fire Chief or one of his designates would go to the property to inspect if it meets the criteria. If so, great, pay $25, get educated and start to burn, baby burn LOL. If the property does not meet the criteria, suggestions may be made and if it still does not meet the criteria, no fire for you. (no $25 fee either, it seems.) If there is a complaint called in and the person is either not compliant or does not have a permit, the fines range from $225 to $950 depending how many firefighters show up to the fire. If you are a permit holder, you would call the designated phone number and a recording would tell you if it was a good day to have a burn or if you could not, for whatever reason.

At this point, the floor was opened to questions and comments. It only got a little heated a couple of times, but certainly no raging fire erupted.

One resident was concerned how the fire department would handle the calls should several calls come in in a short period of time. Another was concerned if the homeowner would have to produce proof of liability insurance, for example, should one accidentally burn down their neighbours fence, tree, shed, whatever. (The answer to that was no….) (Blogger side note….there was a small blurb on one of the handouts that if you have a fire and it causes smoke damage in your neighbour’s house and they put in an insurance claim, your neighbour’s insurance company can then in turn, recoup their costs from your insurance company……ew, this could get ugly…..)

Another resident was not in favour of the permit system or the fee. He complained that our taxes have already gone up year after year and doesn’t feel there should be any fees involved to have a camp fire. Another resident felt that the new bylaw involves too much bureaucracy and it’s overreaching. He feels it’s embarrassing when two fire trucks show up when someone complains about a bonfire.

Another resident expressed concern because his wife is allergic to the smoke and has had surgery. He felt that there should be some type of prohibition of alcohol use while having a bonfire. He also felt that the new bylaw shouldn’t only prohibit smoke entering a building, it should also prohibit the smoke from going onto other people’s property. He cited an example of sitting in your back yard on the patio, that if the smoke infiltrates, it’s still a nuisance. He feels that the current bylaw is easy to enforce but this new bylaw will be difficult to enforce.

Another resident spoke and she concurred with the previous speaker. She’s had numerous problems and called the fire department, yet nothing was done. She said she had called directly to Fire Station #2 (old Anderdon), which is manned 24/7 yet nobody did anything about the neighbour’s bonfire. She was told she should call 911 and provide them the information. She wants a door to door campaign done in Amherstburg to educate the public.

The next person to speak was not impressed with the $25 permit fee. Another person spoke and had questions about the sensitivity areas. For example, during the presentation, the Chief explained that burning near a nursing home or day care would be prohibited. She said that she has a child with asthma that reacts from smoke. The Chief said that people would have to provide a medical note if they could not tolerate smoke in order to ensure the area around them is restricted. He said the note would not have to have details of what the problem is (privacy reasons), but a doctor’s note saying that the person can not tolerate the smoke smell.

Another person spoke and said he currently has 2 fires per year. He lives in the restricted area in the proposed bylaw. He wants to have fires. The Chief said they could visit the property and offer suggestions but it’s possible he may not be allowed.

Another resident spoke up about the bureaucracy and paperwork and that the whole thing was too intrusive. He also questioned what would a farmer do, should a person move in next door that has a health issue? Good question. He felt that could put a farmer out of business.

There were several comments regarding the proposed $25 fee. Some felt the fee would just go up, up, up each year.

Another resident expressed concern that only Councillors Pouget and Courtney and Mayor DiCarlo were present. He wondered where the rest of council was since they will ultimately have to make the decision about this issue. The Chief explained that there would be two more public meetings, so they could still attend one of those. (Keep your eyes and ears open Amherstburg and see who shows up for the next meetings.)

Another concern was mentioned about response time and possible delays. One resident asked what would happen if the officer at Fire Station #2 left to go check a fire that was out in Malden. This would negatively affect response time should another call come in.  He also questioned when there are changes with the weather during the day. For example, a resident calls at 9 AM and is told it’s okay to burn, then 2 PM rolls around and the wind has picked up and now it’s not okay to burn…..how would that be handled.

One resident had a lot of concerns about how much this whole process will cost us. He feels that the town is building bureaucracy. He feels that the fire prevention officer already has duties and now would have to go out and visit properties to see if they qualify or not to have a bonfire. He feels it would be costly to keep the information current, regarding the permits, rules, regulations etc. He said he doesn’t want to hear “we need more resources” at budget time because of this new bylaw. He was concerned with the additional workload that this permit system will create.  (Can’t say I disagree with that one……I hear it every year at budget time, how there’s not enough staff and they’re overworked…..this new bylaw seems to be creating yet another level of oversight and work.)

Another resident spoke up in disagreement with the permit and the fee. She felt it should be a one-time fee only. Another person felt that bonfires would be okay in the rural areas of town but no in the urban areas.

And finally, someone behind me asked “Is Rick Fryer going to see this?” The Chief said the report would be public, therefore everybody would see it. He also pointed out that the other members of council could attend one of the next two public consultation meetings. (Hopefully, they do.) Mayor DiCarlo also pointed out that the audio of the meeting would be available to the councillors, since they were recording the meeting.

Chief Montone said that all the comments and questions would be compiled in the report. Also, all of the electronic surveys and emails would be compiled in the report once all is said and done.

So, at least to me, it seems that people are equally for and against the open burning. It did not seem to be a clear majority either way. It seems, however, that most that are for the open burning are against the fee. All I can say is good luck council! When Councillor Fryer originally brought the motion forward to create a new open burn bylaw, he made it seem so simple and painless. I think it’s going to be the complete opposite.

The open burn bylaw public consultation meeting August 17

Well, the first of 3 public consultation meetings is coming up this week. The first meeting will be held Thursday August 17th at 7 PM at the Libro Centre. (There will also be two more public consultation meetings….September 12th at Fire Station #2 (former Anderdon township), 7 PM and the final public consultation meeting will be September 26th at Fire Station #3 (former Malden township), 7 PM.)

The last time I attended a public consultation meeting was this past fall regarding the public and private tree bylaw and also the sign bylaw. For the proposed tree bylaw, I did not anticipate the level of anger and frustration that I was about to see. This time, well, I foresee a very hot, hot, hot meeting. This new open burn bylaw seems to have (unfortunately) already created a big division in our community. I have to guess that “both sides” will be out Thursday night in full force. There seems to be those who do not want any type of open burning at all (except for the farmers, I think) and those who seem to feel that it’s no big deal to have a small fire anywhere at anytime. There doesn’t seem to be much middle ground on this issue. There is also a $25 fee proposed and there are mixed feelings on that too.

As administration promised, there is an online survey that can be filled out. Here is the link for those who haven’t already had a chance to have their say.

https://www.surveymonkey.com/r/XVHHBTD

The complete new proposed open burn bylaw can be found in the following link :

Click to access 2017%2007%2031%20-%20Special%20Council%20Meeting%20Agenda%20Packet.pdf

The report with the bylaw begins on page 20. The map of the “okay to burn” and the “not okay to burn” areas is on page 27. I will provide a brief overview of the bylaw, however, it is simply that, an overview. If you need the particulars, I suggest you read the entire document that begins on page 20.

If you live on a property that is allowed to have burns then the rules vary for each type of open burn, however they are similar. Here are some of the proposed rules surrounding having an open burn (if you’re allowed to, according to the map):

• Receive permission on the day of the proposed Campfire.
• You must be 18.
• Maintain constant watch and control.
• Have the permit with you to show if necessary.
• Have equipment capable of extinguishing the fire such as rakes,
  shovels, or water immediately available for use at the site.
• Burn only dry firewood.
• Ensure the campfire does not exceed 60 cm in width at the largest
  point or is piled higher than 50 cm in height
• Ensure the campfire is located at a distance of not less than 30 m
  from any building, hedge, fence, Highway, overhead wiring or other
  Combustible Material. (This appears to be for the open air fire permit, i.e. farmers?)
• Ensures the Campfire is located at a distance of not less than 15 m
  from any building, hedge, fence, Highway, overhead wiring or other
  Combustible Material. (This appears to be for the open air campfire permit.)
• Ensures the Outdoor Fireplace Fire is located at a distance of not less
  than 5 m from any building, hedge, fence, Highway, overhead wiring
  or other Combustible Material. (This appears to be for the open air fire permit outdoor fireplace permit.)

I will be back Thursday night after the meeting to give my take on the meeting, as I saw it. In the meantime, I feel like dancing ….. who’d like to dance? I can’t get one song out of my head……Burn, baby burn…..Disco inferno!!! Not feeling it? How about “feeling hot hot hot” ? Olay, olay, olay, olay…..feeling hot hot hot!

 

 

 

 

Monday July 31st Special town council meeting

Tonight’s meeting lasted exactly 59 minutes. Awesome! But it was a real jam packed hour of back and forth, recorded votes, heated discussion, agreements and disagreements. Here we go!

I arrived around 5:45 and council was already finished their in-camera meeting that was scheduled at 5 PM to discuss :

ITEM A – Committee Structure Review – Section 239(2)(b) – Personal matters
about an identifiable individual, including municipal or local board employees.

At 6 PM the public portion of the meeting was called to order and we were off to the races. Council waived the rules of order to allow Chris Mickle, the organiser of the WE Harvest Fest to speak as a delegation.

Delegation Chris Mickle – WE Harvest Fest

Mr Mickle kept it short, sweet and to the point (I really like that!) He was asking council for two things: first, to name the WE Harvest Fest a significant event (so that he could get a liquor permit and get insurance for the event) and second, for road closures. (He named the streets and times, but I couldn’t write fast enough…..however, I think it’s the same streets as per last year’s event and the previous Wine Festivals.)  The Fire Chief said he will sit and check the specifics of their documents but had no concerns beyond the ordinary. Councillor Pouget wondered if Mr Mickle had applied for the event through the special event process. Administration explained that since the event will be on federal property (Fort Malden), this was not necessary. Councillor Fryer wondered about the town’s insurance and liability for the event. Administration explained that Mr Mickle needed the designation in order to get his own insurance. Councillor Fryer again seemed concerned about insurance riders and the Clerk explained that the event is on federal property, not town property. Councillor Fryer made the motion to receive the delegation, approve the road closures and designate it as a significant event. Councillor Meloche seemed concerned about the road closures and the insurance. Councillor Pouget said she hadn’t received anything about which roads were to be closed. Mayor DiCarlo explained that it was last minute since Mr Mickle had just taken over the event and that he had paper copies available. Again, there was more discussion about liability, until finally the motion passed. So, get ready to party Amherstburg! WE Harvest Fest is coming back September 8th and 9th. Woo hoo!!!!!

SPECIAL PLANNING REPORTS
Kingsbridge Subdivision Phase 5G – Extension of Draft Plan Approval

Placement of Underground Infrastructure, Base Asphalt, Surface Asphalt
and Curbs on Maintenance – Kingsbridge Subdivision Phase 8B-1

Both of these items passed through without discussion. Some good news….development is on it’s way!

Draft Open Air Burning By-law and Public Consultations

And here we were….the moment we had all been waiting for. To burn or not to burn, that was the question. Well, not really. The real question seemed to be could council debate and ask questions or did council have to be quiet and listen? Councillor Fryer made the motion to table the new open air burning bylaw. Councillor Pouget said she’d rather not vote to table it and that she’d prefer to vote after hearing the report. The Mayor said they could receive the presentation and vote afterwards about tabling. (In the meantime, the Fire Chief was at the podium, with maps and notes and ready to go…..I was slightly distracted as I could not get the lyrics from “Burn baby burn, disco inferno” out of my head…..) Anyway, Councillor Pouget asked what was the point of being there if they can’t discuss it. (Makes sense to me…..) Mayor DiCarlo said the chief would do his presentation and then again at 3 public meetings, then council could address all of it. The back and forth continued and was getting more and more heated. They could just not get this show on the road (or should I say they just couldn’t strike while the iron was hot? ….sorry, I don’t know what it is about this subject….) Anyway, the Mayor talked about the rules, that they can’t table the bylaw and then discuss it. Councillor Fryer felt it had been done before. Councillor Lavigne finally had enough of the endless debate and felt that the bylaw should be presented to the public first, then allow council to debate it. The Clerk explained again that the intent was to have the bylaw presented, tabled and then allow public consultation. (I guess what would the public have to discuss if there were no bylaw presented?) Councillor Pouget again seemed concerned that council could not ask questions or discuss the proposed bylaw. The debate continued….finally after more back and forth the answer to the question was the council had to be quiet and listen….and so, after much fanfare, the presentation began.

Chief Montone began the presentation. He said the public presentations would enable people to comment in person, on comment forms or on an on-line survey but they would be able to comment based on facts. (I like that.) He reviewed the current bylaw and as it stands, basically, only farmers are allowed to have open burns. He said the only materials allowed to burn are wood, brush and sticks. Residents are not allowed to burn grass or leaves. Residential yard waste burning is not allowed now or in the new bylaw either. (Um…..is it just me or didn’t one of our town councillors talk on the radio about burning yard waste just a few weeks ago on an AM800 interview? Or am I hallucinating because of the heat?)  The Fire Chief acknowledged that burning does pollute the air and is unhealthy to breathe. There is also the nuisance of the odour. He also felt it was necessary to educate people about what are safe and appropriate practices for having a fire. Chief Montone explained that since the fees bylaw was implemented in February 2016, there have been 54 complaints at a cost of $12,480. He said they were able to generate 19 invoices and recover $6,975. He also mentioned that there would be specific times of the day and evening where burning would be allowed. He was concerned about the impact of alcohol and how it could negatively affect judgement during an open burn. I have to guess late night burning won’t be allowed?  (I checked in the bylaw and couldn’t find any times mentioned, however, if someone else is able to find it, please let me know. I will gladly edit….)….(Does anyone else have a visual of dancing around a campfire signing “burn baby burn, disco inferno”, or is it just me?…..maybe it’s just me…..)

Here are the dates for the public meetings:

• August 17th at the Libro Centre (did not notice a time)
• September 12th Station 3 (again, did not notice what time)
• September 26th Station 2 (again, no time noticed)

Chief Montone referred to the map (page 27 of the agenda, click the link here) :

Click to access 2017%2007%2031%20-%20Special%20Council%20Meeting%20Agenda%20Packet.pdf

He said the new map is a “starting point” for the restricted areas and felt it is very similar to the current areas. He said they looked for lots that were not less than 6000 square feet in order to be able to burn. I.e. a lot of 60 X 100 would have a shed, fence, deck etc that would be too close to allow for safe burning. To have a campfire in an urban area, it would be 2′ X 2′ and 18″ high. (How could I measure the height without burning or melting my ruler, just wondering…..?)  At one point, Councillor Courtney raised her hand and started to ask a question. She was quickly cut off, since, this presentation was only for listening to…..not for asking about. Chief Montone wrapped up the presentation talking about enforcement and how the permit system would work.

Then, there was a motion to table the new bylaw. (Which means that if it’s tabled, there was no discussion or questions allowed.)  Council voted and then Councillor Pouget asked for a recorded vote after they had already voted. Here are the results:

In Favour : Deputy Mayor DiPasquale, Councillors Fryer and Lavigne and Mayor DiCarlo

Opposed: Councillors Courtney, Meloche and Pouget

It was now 6:50 and the Mayor was looking for an adjournment. (I was so excited!) But my hopes were dashed. Councillor Fryer had a motion for reconsideration.

At the last meeting, council had voted on the following restructuring :

1. The Parks Advisory Committee and the Recreation and Culture Advisory
   Committee BE COMBINED to create a new Parks and Recreation Advisory
   Committee;
2. The Economic Development Advisory Committee BE DISSOLVED; and,
3. The Audit and Finance Advisory Committee BE DISSOLVED.

It had been a 3-3 tie, so here the motion was read again and it went to a recorded vote. Councillor Meloche wanted #3 severed from the vote but there was no seconder, so the whole thing went together to a vote :

Support: Councillor Courtney, Deputy Mayor DiPasquale, Councillor Fryer, Councillor Lavigne, Councillor Pouget and Mayor DiCarlo

Opposed: Councillor Meloche

Personal opinion commentary…..it concerns me to see the Economic Development Advisory Committee be dissolved. I think that means that there is nobody in town heading up this important aspect of development. We don’t have an Economic Development Officer (we haven’t for quite a while now) and now there’s no committee either. Will council be taking on this initiative and trying to bring economic development to town? However, I’m not too concerned to see the Audit and Finance Advisory Committee go, since we had surplus tax money from 2016 and we were rich enough to give $100,000 of it away! I guess council doesn’t need any financial advice.

Then, I thought the meeting was about to wrap up but Councillor Pouget asked to waive the rules of order. She was concerned about the library funds that county council chose to keep and put in reserve rather than return them to the municipalities. She pointed out that our library is housed in an old building and the town has spent considerable money already on repairs. She made a motion to direct administration to correspond with the county for a grant of money equal to the library funds we paid. We could then use the grant money for repairs to the building. Council agreed and this passed.

The meeting was finished at 6:59.

As for councillor of the week…..it’s a tough call, the meeting moved quickly and everyone seemed to be engaged and ready to roll up their sleeves and get to it. I think this week I’ll give it to Fire Chief Montone (I know he’s not a councillor!), but he had a well prepared presentation and he’s going to be under the microscope as this issue heats up. 😉

First public meeting about the open fire is set for August 17th. I’m sure it will be a full house! See you there Amherstburg! Make sure your voices are heard. In the meantime does anybody feel like dancing to some disco music? Did I get that song stuck in your head? Burn baby burn……disco inferno…..! sing along now!