Tonight was a pretty good news evening overall.
**Deputy Mayor DiPasquale was absent tonight**
I arrived around 5:45 for the 6:00 meeting. Council was still in-camera discussing the 4 items (plus a new added one).
Around 6:40 the doors opened and we were allowed in. The meeting resumed around 6:50.
First up, council had an in-camera report out.
ITEM A – Greater Essex County District School Board (GECDSB) High School
Location
There was a motion made to sell 15 acres at Centennial Park as surplus for $2,457,000 with the amount put into park reserves. This is the site for the new high school to be built. The motion carried.
ITEM B – 7860 County Road 20
This was a longer motion, I’m not sure if I caught it all. This parcel of land is where the “little white church” is located at the corner of Howard and County Rd 20 it is also to be declared surplus and sever the property, enter into an agreement with the Malden Fire Association and dispose the rest of the property. Councillor Pouget asked if the Heritage Committee could look at the issue. The CAO said he could discuss the RFP with the Heritage committee. The motion carried.
ITEM C – Hobbs Litigation Update
There was nothing further to report.
ITEM D – Ontario Municipal Board (OMB) Update – Boblo Island
There was nothing further to report.
ITEM E – Joint Police Advisory Committee Composition (JPAC)
This item was added into the original 4 points for the in-camera meeting. Interesting…..However, there was nothing further to report.
“Nothing further to report” basically means there was no motion so it’s just acknowledging that council talked about whatever the subject was.
At this point, the Mayor left for some photo ops with the School Board officials. When they came back, council was allowed to address the School Board officials with any comments or questions. Several members of council thanked them for their hard work and expressed how pleased they were to keep a high school in Amherstburg. Councillor Fryer spoke quite a bit about how happy he was to keep the skilled trades and hands-on programs available. The Trustee, Mr LeClair explained that he had lobbied for Western Secondary since the beginning. The School Board said they would be issuing a press release with further details but a September 2020 opening is planned. Overall, this is fantastic news for Amherstburg!
DELEGATIONS
Proposed Renovation to Cenotaph and Creation of “Walk of Heros” – Laurie Cavanaugh, President, Lena Mangoff Lazanja, Secretary, RCL Branch 157, and Chris Gibb Board Member, Marsh Collection
Mr Gibb spoke first and explained that he was representing the Marsh Collection Society. He was presenting the first of 2 remembrance initiatives for our veterans. Amherstburg has 6 World War 1 veterans who died in the war. November 2018 marks 100 years since the end of World War 1 and the Marsh Society has assembled life stories and photos of each of these 6 men. They feel it’s a way to promote remembrance. The stories would include what they did before they enlisted, where they fought, with letters that they had written home. Three bodies were never recovered and rest somewhere under the farm fields of France. The Marsh Society, in conjunction with the Legion would like to erect 6 permanent story boards in the Kings Navy Yard Park. They would be placed as an addition to the cenotaph and would enhance the historic nature of the Navy Yard Park.
Ms Lazanja spoke about another initiative The Legion is looking to piggy back on an idea that exists in other provinces. Banners are hung in memory of local deceased veterans. The banners are sponsored by families. She explained that Wheatley has them and the family can sponsor the banner and make a donation to the Legion. She was looking for permission to hang the banners from the Legion, along Dalhousie, up to Fort Malden. They would be hung from the third week of September, which is Legion week up to including November 11th. They would need the town’s assistance only with erecting and removing the banners.
Ms Lazanja also explained that the Legion had “poppy money” that can be used to fund story boards.
Councillor Fryer felt it was a fantastic idea as did Councillor Courtney. Councillor Pouget did as well and asked they could add working with the Parks Committee and the Heritage committee.
Council approved this initiative with a motion. So the ball is rolling. I can’t wait to see the final product!
Engineering Services – Southeast Quadrant Servicing Class Environmental Assessment
This seems to be an agreement to get the services done for the area of Fryer Street and Lowes Side Road. There will be 777 homes built. More good news for Amherstburg! This carried.
Multi-Use Tractor Unit – Tender Results
Council also quickly approved the purchase of one of those little funny looking machines that shovel the snow on the sidewalks and can cut weeds in ditches in the summer. Impressive.
Open Air Fires – Consultation Results and Final Report
For those of you who recall, there were 3 public sessions about changing our existing bylaw for open air fires in Amherstburg. Basically, if a resident wants to have a camp fire, they have to call the fire department for a permit. The fire department will come and inspect to see if the property meets the requirements. There will be a $25 fee. Chief Montone suggested that people start calling now for their permit inspection as things could get very busy in late spring or summer. Councillor Meloche had a few questions about the size and types of fires permitted.
Councillor Pouget spoke of the 3 public meetings in the summer time. She said there were 100 residents that attended across the 3 sessions and that the opinions were evenly split 50/50 for and against this new bylaw. She said she was against this bylaw for many reasons (I got as many as I could, I write my notes by hand)….open air fires are contrary to the bylaw and few fines are issued currently….they violate quality of life….they’re like tobacco smoke (and she had a lengthy list of chemicals)…..they’re implicated in heart attacks and asthma….they stress the immune system…they’re a fire hazard where homes are close….they pit neighbour against neighbour since one neighbour on a small lot may not be allowed a fire, yet their neighbour on a larger lot can have a fire…..the fires could results in more complaints….. ( I half wonder if some of these concerns listed are side effects of attending council meetings…...)
Councillor Courtney spoke about how this bylaw was contentious and thanked the Fire Chief for his hard work. She was satisfied with the way it was presented, with 3 sessions so that the residents could have their questions answered. She felt that there was an overwhelming wish from the people for this, so was going to go with that. Councillor Fryer then listed the benefits of campfires…..frees thinking…..uplifts spirits….social experience…..He felt that if a camp fire were that bad, our ancestors used fire as a means to feed themselves, that none of us would be here if fires were that bad. He cited the AM800 survey that 7 out of 10 people were in favour. (With all due respect to all, such a survey is not scientifically valid. Not even close.)
Councillor Pouget felt that our ancestors didn’t live as long as we do and a lot of that had to do with open burns. (While I agree that our ancestors didn’t not live as long as people today, I would think there are a lot of factors involved in that, but I’m no scientist….) She wanted to know where was the support for this since the groups were evenly split at the public meetings.
Chief Montone explained that the town’s survey of almost 800 residents had almost all in favour of the new bylaw. Councillor Pouget wondered why the different numbers, compared to the public meetings. Chief Montone explained that the public sessions did not comprise a vote, it was a reflection of the comments received. He said he realized it was a contentious issue regarding the smoke and had added some wording to the bylaw, for example the fire has to be out so coals are cold to the touch, to eliminate smoldering. Councillor Pouget felt she couldn’t play Russian roulette with the residents health and safety and expressed concern where houses are close together.
So finally, the motion to accept the new open burn bylaw went to a recorded vote as per Councillor Pouget’s request :
In favour : Councillors Fryer, Courtney, Meloche, Lavigne and Mayor DiCarlo
Opposed: Councillor Pouget
Information Reports
Council receives many reports simply for information, however, they can ask questions about them and make a motion if need be.
Councillor Courtney asked about the police meeting minutes because she was disturbed to read that the St Vincent de Paul Society and the Amherstburg Mission were paying for not only police clearances but also for finger printing. They’re 100% volunteer driven with their volunteers even donating by using their own vehicles for gas and mileage with no reimbursement. Chief Berthiaume explained that this cost was not a result of the RCMP or the local police. He said that insurers and organisations require it. He’s met with the groups and is working on a policy. He explained that if a name is flagged (it could be close to another name of someone with a record), the RCMP will not guarantee if the applicant has a record or not unless they have finger prints to compare. Councillor Fryer felt that once finger prints were taken then they should remain on file for next time. The Chief explained that the fingerprints aren’t inked, the they had to purchase an expensive machine that the RCMP obligated them to get, they are scanned electronically and sent but not retained.
Councillor Lavigne explained that the RCMP by law is not allowed to keep the applicant’s prints. He said that moving forward, they may be able to absorb some costs for certain organisations. Councillor Fryer seemed concerned since this would affect the police budget and then there would be picking and choosing of which groups to help. He felt then that other groups would come forward and want financial help for the costs involved to get police clearances. The Chief explained that the RCMP bills the department $25 each time they sent an application. He said some charities have the ability to recuperate some costs but others don’t. Councillor Lavigne clarified that the financial help would not be for people seeking employment opportunities, it would target charities that are not for profit.
There was some more repetitive discussion about rumble strips, concession roads and other things but I was tired out by then.
The meeting wrapped up around 8:20 ish I think. I’ll be honest, I’m still somewhat distracted and thinking about the policing issue.
Overall, tonight’s meeting, while it started very late and kept us waiting in the lobby for quite a while, had a lot of positive news. And for those of you who wanted to…..get ready to Burn Baby Burn…..Disco inferno!
The use of Town funds to pay legal fees for councillors to seek a legal opinion regarding potential conflicts of interest is nothing new. In 2014-15, Mayor DiCarlo set the pace and sought a legal opinion regarding his potential conflict of interest in discussions on the Texas Road repaving and drainage improvements. That legal opnion was never made public as far as I am aware. Interesting in the Texas Road matter, in my opinion, Rick Fryer, took the high road and properly recused himself, whereas the Mayor did not. Public officials should err on the side of caution and look to public perception or appearance of a potential conflict of interest versus expensive legal opinions. Legal opinions are in themselves just what they say they are – an opinion.
Aldo DiCarlo then replied to Mr Andrews :
Unless I have completely lost my mind, Mr. Andrews information is incorrect. I never sought, nor paid for any legal opinion regarding any matters of Texas Road. Therefore, I set no such ‘pace’ for conflicts of interest in regards to paying for opinions. The Act was very clear to me without the need for a paid legal opinion from a lawyer. My mother still resides on Texas Road, but neither I nor her received any pecuniary (financial) gain directly from the improvements to Texas Road that I am aware of. The Act further clarifies that even if we had, as long as it was also a benefit to a great number of other residents (which it obviously was), there is also no need to declare a conflict of pecuniary interest. The Act does not refer to ‘public perception or appearance’ in regards to conflicts of interest that I know of, as there will likely be some residents that would perceive a conflict on just about any issue, thereby denying the elected official their accountability to the residents who elected them to address such issues. Regardless, the Act does not include ‘public perception or appearance’ as a bonafide reason to declare a conflict that I know of. I would agree that there isn’t always a reason to pay for a legal opinion when the Act seems clear, and so I did not. I take my responsibility as Mayor very seriously, which is why I tend to avoid declaring a conflict unless one seems obvious, but that’s my position for myself. Further, if Mr. Andrews’ comments were accurate, how would he have come by information that ‘was never made public’ as he states? Perhaps he would like to make that person public so that we can all be aware? Apparently he was given inaccurate (false, not true) information and he chose to believe that person, to the point of making a public statement, without simply asking me if it were true. If he had, I would have told him it wasn’t true (unless I’ve completely lost my mind). I am appreciative of the comments however, as it gave me the opportunity to provide this ‘opinion’ on accusations made about me. The Act needs to be read in it’s entirety to determine a conflict, but I offer this specific section I believe might help. As well as this section, anyone can read the online document to confirm my opinion here (https://www.ontario.ca/laws/statute/90m50):
From the Act :
Exceptions
Where s. 5 does not apply
4 Section 5 does not apply to a pecuniary interest in any matter that a member may have,
(b) by reason of the member being entitled to receive on terms common to other persons any service or commodity or any subsidy, loan or other such benefit offered by the municipality or local board;
End of comments. Now, my thoughts and commentary:
I have read and reread both comments. First, I find it concerning that Mr Andrews would think that public officials could “err on the side of caution and look to public perception or appearance of a potential conflict of interest”. If this were the case, I’m not sure if any of our councillors would ever vote on anything! What if they begged off every difficult issue?….LOL
One thing that really struck me was where the Mayor says…..”as long as it was also a benefit to a great number of other residents (which it obviously was), there is also no need to declare a conflict of pecuniary interest.” So basically, as long as the entire neighbourhood is affected, there’s no need to declare a conflict, is how I interpret this. Therefore, this leads me to question the Belle Vue conflicts, once again. If the entire neighbourhood is impacted by Belle Vue, then, at least to me, Councillor Pouget and Councillor Lavigne would not have had a conflict, right? Belle Vue would not have a financial impact on the property values of ONLY Councillor Pouget’s property or ONLY Councillor Lavigne’s parent’s property, it would have an effect (maybe, that’s a stretch in my opinion that there would be any effect) on the entire neighbourhood, which would mean there was really no conflict to begin with. However, they were both able to walk away from voting on this.
As for the police, considering there seems to be no pay gains or losses, what effect would this have for Councillor Pouget or Deputy Mayor DiPasquale’s family members? AND, even if there were pay gains or losses, I would have to guess that it would affect the ENTIRE department and not just these 2 individuals…..therefore, once again, no direct financial gain or loss for only the two people.
It seems a shame that the public has no recourse on questioning these conflicts being declared so quickly by certain members of town council. I guess our only recourse is to remember this at election time and remember who fulfilled their duties to us, the taxpayers, by representing us and voting for us on all of the issues, the easy ones and the difficult ones.