It was a VERY full house tonight! The council chambers were packed and it was standing room only both inside the chambers and outside in the lobby area.
**Mayor DiCarlo was absent tonight**
Council had a planning meeting scheduled for 5:00. I arrived around 5:40 and got one of the last seats in the council chambers. The regular meeting didn’t get started until about 6:10.
Pecuniary interest
Council is always asked at the beginning of the meeting if any members have a conflict of pecuniary interest. Councillor Prue said he wanted to be up front, in that he is a member of the Legion but not an executive officer, therefore he did not have a pecuniary interest. He simply wanted to disclose this publicly.
PRESENTATIONS
Great Lakes Water Levels – Current Conditions and Outlook – Tim Byrne, Essex Region Conservation Authority (supplementary agenda)
This item was on a supplementary agenda and was moved up in order to present before the delegations.
Just to give you a little preview, this presentation wasn’t received and over until 7:00. It seemed to last forever. I’m going to sum it up, very, very briefly, since I know everyone is far more interested in the rest of the meeting, than they are the ERCA presentation.
Mr Byrne explained that we are currently experiencing unprecedented water levels in the Great Lakes. We have been experiencing high lake levels over the last four and a half years. He showed several maps and graphs with numbers of various record highs and lows. He spoke of recent storm events that have had north easterly winds which have been problematic for flooding. He said that the areas at risk in Amherstburg are the Claremont Lane area, Willow Beach area and the Lake Erie Country Club area. Mr Byrne said that it’s extremely important for gawkers to stay away from flooded areas to allow first responders to do their jobs.
Councillor Courtney had some questions in regards to how best to prepare and wondered if there were anything the town could do. He suggested an ad in the news paper with the phone numbers and contact information. Mr Byrne said that the town has been doing fairly well with staff actions and the sand bags that were recently provided to residents. Fire Chief Montone outlined the emergency response plan citing the various plans in place for the flood plan.
Councillor Courtney felt that we are a spoon fed society. (I wouldn’t disagree with that…..) He said that he lives on the lake and was hoping that an article will be in the River Town Times about the ERCA presentation. He again mentioned an ad in the River Town Times, since people read the local paper. Mr Byrne spoke of the importance of ensuring that developments are properly planned. Councillor Courtney then said he had a last question (I heard the people groan – I wasn’t one of them – I kept real quiet after last week’s reminder of how to behave in a council meeting...I may, may have made a face, but that’s quiet I guess…..) Councillor Courtney questioned the future and how lake levels could affect us. Mr Byrne explained that they are scientists measuring outflows and that we are looking at unprecedented levels of water and lake cycles.
It was now 7:00.
DELEGATIONS
Request for Sign By-law Exemption for Ribfest – Steve Butcher, Rotary Ribfest
It appears that Mr Butcher will be seeking an exemption to the town’s sign bylaw to allow the Rib Fest to advertise their event 28 days prior, rather than 14 days prior to the event as is the current bylaw. Mr Butcher spoke of the many benefits of allowing them to advertise for an additional 14 days. He asked and he received. This was very quickly approved.
Request for Deferral of Noise By-law Exemption – Gary Wellman
Request for Noise By-law Exemption on Outdoor Patio – Laurie Fryer Cavanaugh, Branch President, Royal Canadian Legion Fort Malden Branch 157
Comments on Noise By-law Exemption – Dave Beneteau
Next up, was the issue that everybody was there for! (I know this because once the issue was over, everybody left…LOL) Just a small side note before I begin…..tonight the Deputy Mayor did not go over the rules of conduct prior to the council meeting……which means that sometimes, several times actually, people around me were talking and I couldn’t always catch what was being said by the delegates or council members……as well, some people said some fairly rude and mean things…..I heard them…..life lesson in here for everybody…..you don’t know who’s sitting near you when you’re talking in a room full of people and you should really watch what you say. And that’s all I’m going to say about that…..it’s quite unfortunate.
Mr Wellman was to speak first, however he did say it may be better to allow the Legion to speak first and he would speak afterwards.
Ms Cavanaugh then spoke. She is the President of the Legion, Branch 157. She said their mission is to serve the veterans, the military and their families. The Legion honours their past sacrifices and the present service and sacrifice of our current military. She said the outdoor patio was built in 2008 and at the time Duffy’s was across the street and many people would walk by an enjoy the music. She said that last year there was a complaint from Mr Wellman and they had a meeting. They agreed to keep the music at a 75 decibel level. However, she said they didn’t want to turn the speakers towards their building since it would create a bounce back noise and feedback. Ms Cavanaugh said that they were seeking an exemption to play amplified music on the patio every Friday and Saturday from 7 PM until 11 PM and Sundays from 3 PM to 7 PM. Then, there was a presentation of a variety of pictures of events held on their patio.
Mr Wellman then spoke. He acknowledged the presence of the members of the Legion and spoke of his support. He thanked them. He said there is a problem with the noise level coming from the patio. He felt that people hold the belief that since the patio is there, that it exempts them from the current noise bylaw. He pointed out that the current noise bylaw existed long before the patio. He said that excessive noise is a form of pollution and that scientific steps can be taken to minimize it. He felt that it’s okay for the Legion to entertain on the patio but not to entertain the entire downtown. He felt that the volume could be toned down. He said that last year he met with the CAO, Ms Cavanaugh and former Councillor Fryer. He gave Ms Cavanaugh credit and said that the noise level did decrease after their meeting. He said that some bands still create excessive noise, while others fall within an acceptable threshold. He said that after the original meeting, they had a follow up meeting and he commended the Legion for lowering the volume level.
Mr Wellman spoke of wanting to hire a sound engineer to find ways to mitigate the noise and that he is willing to pay for this service. He used the example of directing the speakers toward the patio. He said this was mentioned in their meeting but he never heard about it again, so he asked again, looking for a solution to the problem. He said that often the bands get louder as the evening goes on. He said that on Saturday night, the sound level was 89.9 decibels. He felt that there is a perceived unwillingness of the Legion to engage and that he’s never launched a formal complaint against then. He felt that the intent behind their request would allow them to bypass the bylaw for 6 months and eventually into perpetuity. He felt that to waive the bylaw annually is not appropriate. He welcomed Councillor Prue to become involved on behalf of the Legion to find solutions. Mr Wellman also said he was bothered by the “go back to Florida” comment that was yelled out at him. He said he wants to be a decent neighbour and just wants to address the problem.
Ms Cavanaugh then spoke and said that Mr Wellman had never come to them for a study, that they had come to them about purchasing some speakers. She said they also wanted to open up the parking lot and the fence to let his son bring a trailer through there. She said that with each band having different equipment, one speaker system, that was offered to purchase wouldn’t work.
Deputy Mayor Meloche asked if the Legion would be agreeable to a sound study. Ms Cavanaugh said that yes, that would be, as long as they didn’t have to pay for it.
Then Mr Beneteau spoke. He seemed quite upset with Ms Cavanaugh for misrepresenting an email that he had sent to her. He felt that the patio is a great asset but that he has an issue with the noise and excessive volume. He said that the potential solution from last year was working. He again noted that there had been no official complaint and felt it was a step backwards to seek an exemption. He felt that nobody will win if council has to make a decision. He asked that either the Legion withdraw their request or that council deny it. He felt that this had resulted in a confrontation.
Councillor McArthur asked what had changed since last year. Mr Beneteau said they had agreed on 84 decibels and that residents could call and let the Legion know when the sounds went up too much. In turn, they would turn down the music. However, this arrangement relied on the residents calling and sometimes the decibels far exceeded the 84 decibel threshold.
CAO Miceli advised that it would be up to council and that the current noise bylaw could use updating. He felt that the town should engage the noise level study and sound engineer since then the town would own the data and the report. He said there had been some adjustment for the amphitheater because of noise concerns.
Councillor Simone questioned the cost of the study and where the money would come from in the budget. The CAO said that the study would be $5,000 and that it could be funded through professional fees in the CAO’s budget.
Councillor Prue felt that the sound issues were problematic and in several areas in town.
Councillor Courtney felt that the bylaw should be more refined. He also cited the enforcement issue and that commercial and residential areas don’t mix. He asked if the Wellman’s had put any thought when buying their property into the downtown noise. He felt that it was the downtown core with a pre-existing atmosphere and that it should have been presented by the developer.
Councillor Renaud felt that the residents and the Legion need to work together and noted that Ms Cavanaugh had lowered the volume.
Finally, Councillor Prue made a motion, which included 4 parts (I take my notes by hand, so I did my best to get all of this….):
- allow the exemption for the Royal Canadian Legion for 6 months (later clarified to allow one or more loud speakers May through October, Friday and Saturday until 11PM and Sunday until 8PM)
- request that the town facilitate meetings between residents, the Legion and staff (he said he would participate if they wanted)
- monitor the noise level over the next months with the sound engineer and have the study done
- report back to council in October regarding the successes and the failures
This carried.
Overall, I think they managed to meet with a fairly good compromise.
It was now about 7:50 PM. Council took a 10 minute recess since about 90% of the people in attendance left.
Amherstburg Branding Strategy Tagline
Oh boy. Remember this? I do! It was just a few months ago…….during a fairly long meeting, council debated the new proposed logo for tourism and the tag line. Council ended up modifying the logo somewhat and choosing a new tag line : “Every Day History”. Well, a few weeks ago, Councillor McArthur asked for reconsideration, since upon reflection and feedback realized that the tag line he proposed and that was accepted, was, well, just not the great.
So, we are back to the original proposal. Administration is recommending “Born to Make History” to be our tag line. That was the tag line brought forth originally.
After some technical issues of having to officially withdraw the old tag line, Councillor Prue made a motion for “History Every Day”. Nobody seconded the motion.
Councillor McArthur expressed his disappointment with the report. He felt he had made the motion in good faith and wanted a short list of possible tag lines. He thought administration would go back to Cinnamon Toast for a short list of possibilities. He felt that if council had wanted “Born to Make History” then it would have happened a few months ago. He wondered if he was the only one who thought they’d get options. (I remember at the time hoping they’d give council 3 choices and they could pick one….)
Ms Rota, Director of Tourism addressed council. She explained that “born” is an adjective….that something or someone is born into something. She felt that our town is known for it’s historical happenings. She said that she stood behind this tag line 100% then and now. She asked council to not delay and pointed out that they will never please everyone.
Councillor McArthur asked about the short list. It seems the short list was not very good. Ms Rota pointed out that if they go back to the drawing board that it will cost time and money. Councillor Simone said she had seen the 6 others and they “lacked”. She read them (I couldn’t write them down fast enough, but they did really, really lack….). She wondered if the web site could be developed without a tag line. Ms Rota said that yes, it could be and that we could go without one. Councillor Simone felt we could add one later if something were to come through. Mr Roberts, Director of Parks and Recreation said he knew they were running a risk just representing this tag line. He said a lot of time and effort had done into this element and it was highly regarded.
Councillor McArthur said he was crest fallen when he read the report. He felt that administration hadn’t respected the spirit of the motion to come back with a couple of options.
Councillor Prue then made a motion to proceed without a tag line and not to spend any further money on a tag line.
Councillor Courtney wondered how they had incurred an addition $5,500 in expense on this issue. Ms Rota pointed out the extra work to modify the original design, the extra consultations and the back and forth with the design. Councillor Courtney felt that only one option was presented and that there should have been a few. (I recall a couple of different logos being presented but they recommended the one.) Councillor Courtney wondered if the additional costs were because their business is from out of town.
CAO Miceli explained the RFP process from 2018 for the logo, web site, rebranding initiative. He said that some local companies applied and that their price was higher than what was approved. The CAO pointed out the Cinnamon Toast changed the logo, at council’s request, which incurred additional costs and that they had met their deliverables. CAO Miceli said he had advised council at that meeting some months ago that there would be additional costs (I’m pretty sure I remember him saying that- I’ll go back and check my notes later to be sure – but usually if you start modifying and changing things, it costs money…..ever do a house renovation? )
Ultimately, the motion carried. We will not have a tag line and there will be no further action on it at this time. (Yup. I’m disappointed. But I’ll get over it. But I won’t forget it LOL) Councillor McArthur said he’s going to start hashtagging #You’llLoveItHere on his social media.
I was now getting very, very tired…….it was getting close to 9:00.
Zoning By-Law and Offical Plan Amendment for 305, 319 and 327 Dalhousie Street
There were 3 separate motions on this item and Councillor Prue wanted them split into three separate items.
The third item had to do with the boutique hotel to be developed on Dalhousie Street. Councillor Prue was seeking further reports and concerns about parking. He wanted a realistic plan for parking, with exactly how many rooms and how many staff would be working there. He felt that council needed further reports to do it right.
A lady (I did not catch her name) spoke on behalf of Amicone Contracting. She said that that Amicone Properties is not in the hotel business and that this is a new venture for them. They’re in the retirement home business but that there are similarities. They hired a consulting firm to guide them through this. The consulting firm works specifically on hotel development in Ontario and they feel that the parking is sufficient. She also said that the traffic consultant felt that the parking is sufficient. She said that they needed this final approval to begin negotiations. She said one operator is talking about 91 rooms while another is proposing 52 rooms. Either way, they can not begin negotiation until they have this bylaw for zoning passed. She mentioned that they’d be happy to hold a lot that they own on Ramsey Street for 5 years if it’s needed for additional parking.
She also pointed out that the Beer Store is not owned by Amicone Properties. (Shows about rumours in this town……I’ve heard that from so many people, but it’s clearly not true…..)
Councillor Courtney spoke of parking concerns again. He wondered how people will get to the amenities that we’re building and where they will park. Deputy Mayor Meloche pointed out that we’ve had many successful events and that the parking was dealt with.
Mr Galvin, Director of Planning and Legislative Services pointed out that towns don’t want people parking right in front of wherever they’re going. They want them parking all over and walking. He said traffic impact studies are done and analyzed based on math and it works. (Small side note…..We went to Quebec City last summer…..not a lot of parking there at all…..we parked our car and didn’t touch it for 5 days, we walked every where……then we went to Ottawa for 2 days…..the hotel offered off site parking…..we were told to request our car 15 minutes in advance if we needed it…..we let them park it and we walked everywhere for 2 days…….and it was one of our best vacations!)
Anyway, the motion finally carried to amend the zoning for the hotel. It was 9:00. I was tired and wiped out. I left. The meeting could still be going, I’m not sure. They had two more in-camera items to discuss :
SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following this
regular meeting pursuant to Section 239 of the Municipal Act, 2001, as
amended, for the following reason:
Item A – Section 239(2)(f) – Advice that is subject to solicitor-client privilege,
including communications necessary for that purpose.
Item B-Section 239(2)(b)-Personal matters about an identifiable individual, including municipal or local board employees.
Item C-Section 239(2)(d)-Labour relations or employee negotiations
And that’s it! Not sure what else happened after I left. I hope I didn’t miss any excitement.
See you in two weeks! 🙂