Monday January 27th regular town council meeting

Well, tonight’s meeting wrapped up just before 8:30….tonight was the first official live streaming of town council meetings….I am curious…..was anybody watching??? If so, did you watch all of it or just some of it???

**Mayor DiCarlo was absent tonight**

Deputy Mayor Meloche explained that tonight’s meeting would be live streamed. The meeting will also be available later to watch on the town’s website. I know they post the audio recordings of old meetings (I’ve gone back at times to check things), so this will be a nice addition to help refresh memories.

Long Service Award Recognition

Ross Sinasac, a 35 year employee of the Town of Amherstburg was recognized tonight for his devoted service to our town. There was a very nice speech made about him and his work ethic, outlining his career with the town. He received his award and then went for a quick photo with the Deputy Mayor. Congratulations!

DELEGATIONS
Active Transportation within the Town of Amherstburg – The Cozmic Queenz

This robotics team of young girls presented to council. Their group was tasked with a real world project to make our community a better place. They discovered that Amherstburg has a lack of bicycle parking. They invented a bike parking system that can accept a variety of bike sizes and also has a locker for storing personal belongings and a helmet. It also seems to have a locking system for the bike that is incorporated into the locker and locks both the bike and belongings at the same time. The team asked that the town consider this style of bike parking when purchasing equipment for the town. They spoke with businesses and met with the Director of Parks and Recreation as well as Councillor Simone.

All of the members of council thanked the young girls for their presentation and added some additional comments. Councillor Prue felt that a lot of towns are looking at scooters, especially in larger cities and wanted a report about scooters for Amherstburg. At the end, Councillor Prue introduced a two part motion to send this presentation to other surrounding municipalities as well as for administration to look at the long term use of scooters in our community.

Refreshment Vehicle By-law Amendments and Operation on Town-owned Parkland

This report stems back to a couple of requests for exemptions for food trucks. The current bylaw does not allow food trucks to operate within 200 meters of a restaurant. There have been a couple of requests (sometimes with exemptions granted) which prompted the report. It seems that administration held two public consultation meetings, asked local restaurants for feedback and also looked at bylaws in the surrounding municipalities.

As soon as this item came before council, Councillor Prue had questions for staff and started citing page numbers. He seemed to be questioning why Leamington had a setback for food trucks of 91 meters, Windsor has 30 meters and other municipalities have no regulations.  (Which made me wonder…..why did Amherstburg have a 200 meter setback? That’s more than double any other areas?)

Ms Rublie, Manager of Licensing explained that there was  public consultation that was held and businesses were notified by mail. It seems that only 4 businesses came to the meeting and 2 of them were against the new proposed bylaw.

These were the changes proposed :

  • No distance setback requirement to operate from restaurants, snack bars or other refreshment vehicles, except in the event that applicable setbacks are required pursuant to the Ontario Building Code and Fire Protection and Prevention Act.
  • Approval is required from the health unit, Fire Services and from the Technical Standards and Safety Authority (TSSA).
  • A distance setback of 100 meters from a Public Event is required unless the event organizer has approved the Refreshment Vehicle as a vendor at the Public
    Event.
  • Refreshment vehicles will not be permitted to operate in a residential zone.
  • Setback requirements from intersections and driveways to manage traffic concerns.
  • May operate between 7am-11pm.
  • May only operate a Refreshment Vehicle on property owned or managed by the
    Town, if the Refreshment Vehicle has been awarded the rights to operate at that
    location by the Town.
  • In addition, amendment to the annual fee is recommended as follows:
  • Annual licence fee increase to $204.

The sticking point in all of these changes ended up being the “A distance setback of 100 meters from a Public Event is required unless the event organizer has approved the Refreshment Vehicle as a vendor at the Public Event.”

There was discussion about the lottery system, but the sticking point ended up being that the food trucks would have to have a setback of 100 meters during a public event, unless they had approval from the event organizer. The example of the Rotary Rib Fest was used that this bylaw would prevent a food truck from setting up next to their event, that they would be subject to the setback rule just for that day, during the event. The rules of order were waived to allow Bill Deslippe to speak.

Mr Deslippe owns the Perch Pit which was granted an exemption in August of last year. He had sought bylaw relief from the 200 meter rule and council had given it to him about 6 months ago. He felt he had would be grandfathered against any future bylaws and setbacks. That seemed not to be the case. It was explained that he would need to seek permission to operate if an event were held in the Kings Navy Yard Park, which would put him within 100 meters, since that was a provision in the new bylaw. Then, one of the owners of the Waterfront Ice Cream spoke as well. (I believe they own the property where the Perch Pit will operate.) She wondered if the would have to ask permission, for example, to operate during the Gone Car Crazy event. The CAO explained that that is a town event and they would have to ask permission, however, it wouldn’t be a problem. He was citing a concern more if someone other than the town were to decide to run an event downtown.

Ms Rubli suggested to council that they could remove the portion about the 100 meter setback and seeking permission…..and then the flood gates opened. There was more back and forth. Should they remove this line item? Shouldn’t they? (If you’re really interested in hearing and now seeing it all…..go check the recording on the town’s website. Or if you’re a Coles Notes kind of person, keep reading.)

Ultimately, the motion was put forth with no amendments, which included the requesting permission during a public event if the food truck was within 100 meters. It wasn’t a recorded vote, but I watched :

Support : Councillor Prue and Councillor Simone

Opposed : Councillors Courtney, McArthur and Renaud

Then Councillor McArthur made a new motion to pass the bylaw without that one clause regarding the 100 meter set back……Councillor Prue then called a point of order, that it was not legal to just make the same motion with a small change after a motion had been defeated. There was much back and forth….the Clerk said that anyone who voted against the motion, therefore on the prevailing side would have to make a motion to revisit the motion…..then there was arguing about that……more back and forth…..finally, Councillor Prue made a motion to reopen the motion, remove the 100 meter setback rule during events but review all complaints before year end…..then this carried. Phew! I hope you were able to follow that! If not, go check the video. 🙂

(This live feed thing is kind of liberating……just sayin’. )

Zoning By-Law Amendment- ES Creek Road (Conc 3 Pt Lot 32) 

This looks to be a zoning amendment for a property to sever a dwelling which is surplus to the needs of the farming operation. It seems that all notice and consultations were done and that the owner is bearing the costs of this amendment. There were a couple of questions but ultimately this passed very quickly.

Kingsbridge Subdivision Phase 5G – Subdivision Agreement File No. 37-T-13003

This passed with no discussion.

Road Dedication of Reserves for lots on Plan 12M-534 (easterly extension of Whelan Avenue, Hilton Court, and Lambert Street) as Public Highway

Again, this passed with no discussion.

Kingsbridge Subdivision Parkland Conveyance 

This item had quite a bit of discussion. It seems that there is some money being donated as well as some money being put into parks reserves in regards to the Pat Thrasher Park in the Kingsbridge subdivision. It seems that the town would be required to do two rough cuts on this property. (I’m not sure what that means…sorry) Ultimately Councillor McArthur made a motion to use the $20,000 donation and approximately $60,000 into the parkland reserve to dedicate it back to Kingsbridge area for their park. Councillor Simone pointed out that the area is very developed with a lot of families and that the park is in need of repairs.

New Business

There were a few items brought up under new business, but two of them stood out.

New High School

Councillor Courtney said that he has fielded concerns regarding the new high school. Things such as the loss of the third gym, loss of a mechanical shop, lockers, grass and other things had been brought forward and he wondered if it were possible to just keep the old school. (Um……that ship has sailed……about 4 years ago now…..)

Councillor McArthur made a motion for council to write a letter to the Premier, Doug Ford to increase the budget to get the new school done right. He also added the Education Minister and the Public School Board as well to put pressure on the government to do this right. Councillor Courtney wondered what say the town had. The CAO felt that the letter writing campaign was a good idea and said that the jurisdiction about the school was not the town’s. Suggestions were made to include the local trustee as well as our local MPP. Councillor Courtney wondered if the town should organize a petition but Councillor Prue felt it was much better for the MPP to do that since the school is not in the town’s jurisdiction of power.

So, the town will send emails to all of the above mentioned people and it was suggested that residents do the same. Councillor McArthur was reading off email addresses if anyone wants to go back and watch the live feed. (Or send him an email, I’m sure he’d send you the email addresses that you would need.)

Libro Master Plan

Councillor Simone brought up the Libro Master Plan which was recently shared with the public at a public consultation meeting. She said she had heard some concerns about some structures that would be remaining on the property. Councillor McArthur felt that the town shouldn’t drag it out and that we should commit to tearing the buildings down now, not to mention the name and that it was not healthy for the community to relive this. Mr Roberts, Director of Parks and Recreation admitted that this is a very sensitive subject. One driving goal behind the plan was to use existing structures were possible in order to create a parks yard or maintenance yard. The plan was that that would take place in the former farm buildings. However, the intention was not to prolong the pain of the community, that there is a budget and that new pole barns could be built similar to what is there. He was hoping to bring the issue up tomorrow at a senior management meeting and bring a recommendation to council. He knew that the immediate reaction was to get rid of the buildings. He said this issue would be taken with utmost seriousness and that the buildings were not “just buildings”.

CAO Miceli then spoke and explained that the public consultation process had started and the community had spoken. He said no recommendation was made but that they will amend the plans. They heard from the residents and from council. The CAO said that the buildings will not be included, that this is a change flushed out by the process of public consultation and that the town will move forward with demolition.

And with that, council prepared to move in-camera to discuss :

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following
Regular session pursuant to Section 239 of the Municipal Act, 2001, as
amended, for the following reason:
Item A – Acquisition and Disposition of Property – Section 239(2)(c) – A proposed
or pending acquisition or disposition of land by the municipality or local board;
and, Section 239(2)(i) – A trade secret or scientific, technical, commercial,
financial or labour relations information, supplied in confidence to the
municipality or local board, which, if disclosed, could reasonably be expected to
prejudice significantly the competitive position, or interfere significantly with the
contractual or other negotiations of a person, group of persons, or organization.

The meeting wrapped up just before 8:30……I am curious to hear if anybody tried the live stream option…..send me a message or a text if you did….I’d love to hear your thoughts! With that, I’ll see you in two weeks Amherstburg! 🙂

 

In preparation for Monday January 27th regular town council meeting

Well, Monday’s agenda is only 303 pages and doesn’t seem to have much of interest on it….so here’s to hoping that this Monday’s meeting can be quick and efficient! Here are the highlights :

DELEGATIONS
Active Transportation within the Town of Amherstburg – The Cozmic Queenz

It appears that this delegation will be presenting to council regarding a lack of bicycle parking at businesses and town facilities. It appears that the group has designed and manufactured a unique bike parking system. It looks like they’ll be presenting their invention to council and are hoping that the town would consider their features when purchasing bike systems for the town. From what I can gather from the delegation form,  their bike parking system can accept a variety of bike sizes and also has a locker for storing personal belongings and a helmet. It also seems to have a locking system for the bike that is incorporated into the locker and locks both the bike and belongings at the same time. The group will be competing provincially on February 1st in Waterloo. Looks interesting! Will have to see what council thinks.

Refreshment Vehicle By-law Amendments and Operation on Town-owned Parkland

This report stems back to a couple of requests for exemptions for food trucks. The current bylaw does not allow food trucks to operate within 200 meters of a restaurant. There have been a couple of requests (sometimes with exemptions granted) which prompted the report. It seems that administration held two public consultation meetings, asked local restaurants for feedback and also looked at bylaws in the surrounding municipalities. Due to all of this, there are several changes recommended to the bylaw…From the report :

  • No distance setback requirement to operate from restaurants, snack bars or other refreshment vehicles, except in the event that applicable setbacks are required pursuant to the Ontario Building Code and Fire Protection and Prevention Act.
  • Approval is required from (WECHU), Fire Services and from the Technical Standards and Safety Authority (TSSA).
  • A distance setback of 100 meters from a Public Event is required unless the event organizer has approved the Refreshment Vehicle as a vendor at the Public
    Event.
  • Refreshment vehicles will not be permitted to operate in a residential zone.
  • Setback requirements from intersections and driveways to manage traffic concerns.
  • May operate between 7am-11pm.
  • May only operate a Refreshment Vehicle on property owned or managed by the
    Town, if the Refreshment Vehicle has been awarded the rights to operate at that
    location by the Town.
  • In addition, amendment to the annual fee is recommended as follows:
  • Annual licence fee increase to $204.

It also looks like a lottery system will be set up in order to be able to park food trucks at various locations throughout town.

I’ll be interested to hear what council has to say. It all sounds pretty interesting to me and seems to be a win/win for everyone from what I can read in the report.

Zoning By-Law Amendment- ES Creek Road (Conc 3 Pt Lot 32) 

This looks to be a zoning amendment for a property to sever a dwelling which is surplus to the needs of the farming operation. It seems that all notice and consultations were done and that the owner is bearing the costs of this amendment.

Kingsbridge Subdivision Phase 5G – Subdivision Agreement File No. 37-T-13003

This looks to be a housekeeping type approval needed for the Kingsbridge subdivision. It includes a really, really looooong report.

Road Dedication of Reserves for lots on Plan 12M-534 (easterly extension of Whelan Avenue, Hilton Court, and Lambert Street) as Public Highway

This too looks to be housekeeping type of approval required :

“There are 0.3m reserves at the previous ends of Whelan Avenue and Hilton Court on Plan 12M-534, described as Blocks 87 and 88, Plan 12M-534, and there are also Blocks 85 and 86 lying south of Whelan Avenue, which must be crossed to reach the new Lambert Street. These can all be seen on the attached copy of Plan 12M-534. These blocks were reserved pending completion of development plans in the area. The Developer has completed the obligations of the development and the Town has accepted the infrastructure. Dedicating the reserves as a public highway will provide access for the installation of infrastructure for the next phase of the development.”

Kingsbridge Subdivision Parkland Conveyance 

And more development related approvals required for parkland as well. Lots of development on Monday’s agenda!

And then, at the end of the meeting, council will, once again, go in-camera to discuss:

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following
Regular session pursuant to Section 239 of the Municipal Act, 2001, as
amended, for the following reason:
Item A – Acquisition and Disposition of Property – Section 239(2)(c) – A proposed
or pending acquisition or disposition of land by the municipality or local board;
and, Section 239(2)(i) – A trade secret or scientific, technical, commercial,
financial or labour relations information, supplied in confidence to the
municipality or local board, which, if disclosed, could reasonably be expected to
prejudice significantly the competitive position, or interfere significantly with the
contractual or other negotiations of a person, group of persons, or organization.

Monday’s agenda looks to be very boring…..very, very boring……I saw on social media that Monday’s meeting will be live streamed and will also be available afterwards on the town’s website. Great initiative! I’m happy to see that become a reality. If it ends up being as dull as the agenda seems to be, well…..not sure who will make it past the first 5 minutes LOL. Ah, well, we shall see how it goes….you just never know.

 

Monday January 13th regular town council meeting

Well, the agenda was only 251 pages but the meeting dragged on and on…..I left at 8:40 and it still wasn’t over…..(although I’m guessing it was almost over?…)

**Mayor DiCarlo was absent tonight**

Legion Noise Study Findings – Colin Novak, Akoustik Engineering Ltd.

The Deputy Mayor moved around the order of the presentations and delegations to allow for Mr Novak to present first. There were a few delegates on tonight’s agenda regarding the noise bylaw.

Mr Novak gave a summary of his study. It got fairly technical and I did my best to write it all down and to understand it….if I misunderstood anything, I will edit….. I’m not a sound engineer. Mr Novak said he had set up a terminal at a residence across from the Legion at the third story window. He compared the ambient noise and noise levels. He had presented his study results to council in August but the results were only from one weekend and council had requested more data. He was able to compile nine days of data spread out over a 5 week period. He said that typical sound levels are around 50 decibels in the day time and around 35 – 40 decibels for night time. With traffic outside and other intermittent sounds, decibels can range from 50 to 65 decibels. Walls, windows etc generally reduce noise levels by at least 10 decibels. An expected indoor decibel level is 50 decibels. He compared that 60 decibels is a normal conversation and 70 decibels is like a noisy restaurant. Without the band playing music, the decibels measured were 59, 60 and sometimes 61. However, with the band playing, it often reached the high 60s. Mr Novak presented the data that he retrieved.

He said that council had asked for a recommendation on his part. He felt that the sound level was significant and has an impact on residential receptors. He said that the time of day factored in as well as the duration. Since the music is during the evening and at night and also had a duration of several hours, this has a negative impact for the residents. As well, a lot of low frequency impact (the base) passes through the facade and enters the living quarters.

Mr Novak cited a case law from Windsor. It seems that in 2017 a bar lost a court case and they played music at lower levels than the Legion. The levels were in the 40s and low 50s, they met the requirements of the bylaw but the low frequency noise had adverse health impacts. He felt that council should be aware of this precedent.

Mr Novak also pointed out that many municipalities are revising their bylaws and applying a qualitative decibel requirement. For example, in Toronto, it’s 55 decibels and the Ministry of the Environment cites either 50 decibels or 55 decibels depending on certain factors as being an acceptable level.

In summary, he recommended 55 decibels for amplified sound or the ambient sound at the time, whichever is greater.

So, I sure hope I got all that right. I also hope I did not bore you to death because question period began….and things got, well,……complicated…..and……strange…..

Councillor Prue asked some questions about how much windows and / or the facade change the decibel levels. There was some discussion about the thickness of glass and if windows can open. (Since if they can open, it’s presumed that people will want to open them to enjoy the outside fresh air.) Councillor Prue also wondered about access to site plan approval since the Legion had been there for 50 plus years.

Councillor McArthur mentioned other jurisdictions, such as London and Hamilton that had a 70 decibel limit. Mr Novak felt it was a good idea to evaluate the sound at the point of production. Councillor McArthur and Mr Novak had some back and forth about other municipalities and what their acceptable number is. One thing I found interesting…..Councillor McArthur wondered why there was no decibel measurement done from the inside. Mr Novak said that it was normal procedure as per the Ministry of the Environment to study the noise outside since the onus of the noise is not on the owner to control, it rests with the noise producer. (Keep that point in mind going forward……I think it’s important….)

Councillor Courtney then spoke about this being the same presentation as heard in August and felt that there was poor planning putting residential development in the downtown core.

Councillor Renaud wondered if any recommendations had been made to the Legion to reduce the sound. Mr Novak felt there could be possibilities but they could be costly.

Councillor Prue said that the Legion was here to speak later and that they were looking into installing a garage with a door that could open and wondered if that would help reduce the noise. Mr Novak felt that the only significant reduction would be if the garage door were closed. Councillor Prue went on that the Legion was in a no-win situation. Mr Novak pointed out that he was simply referring to the science and the laws. He said that things can be done, such as turning the volume levels down. He felt on a personal level that the music is very loud.

At this point, Council received the delegation and continued on with the next delegation. But don’t worry, the noise debate was far, far from over….

Sunparlor R/C Flyers Inc. – Exemption to and Review of Noise By-law – Paul Sousa

Mr Sousa presented to council and explained that he was there because of a visit from the bylaw officer. He was requesting council to make an amendment to the noise bylaw and also to grant the Sunparlor R/C Flyers (a group that flies remote control model airplanes out on the 4th concession of Anderdon) an exemption from the bylaw as well. The recent visit by the town’s bylaw officer involved a complaint about their model airplanes using internal combustion engines and violating the noise bylaw. Mr Sousa explained the “no fly zone” as per the map he provided and that there is a landing strip and runway. He acknowledged that the planes could produce noise as high as 90 decibels.

Councillor McArthur wondered how the members were policed in terms of following the club’s rules. It seems they get an access card and it opens a gate allowing them to access the airfield to fly their planes. Councillor McArthur pointed out that the group has been there a long time and wondered what had changed for this to now be an issue. Mr Sousa said he’d been a member since 1994 and that nothing had changed. There was some back and forth about how members are trained and monitored. Councillor Courtney wondered how many flying clubs there are in south western Ontario. Mr Sousa said there are 4 in the Windsor / Essex County area and at least 50 in South Western Ontario. Councillor Courtney wondered about the zoning and Mr Sousa said most are in agricultural areas or at an airport.

Ms Rubli, Manager of Licensing, explained that the noise regulations came to be due to complaints from vineyards. In 2001 a bylaw was passed that prohibited combustion engine planes and that the Ministry of the Environment signed off on the bylaw.

Councillor Prue felt that the issue isn’t noise that the issue is the combustible motor and that it’s not allowed. Ms Rubli pointed out that that the combustible motor is a violation of the bylaw due to the noise from the combustion engine. If the plane were battery operated, it would not be a violation. The noise of a combustible engine is a noise prohibited at all times according to the current bylaw.

Councillor Courtney then spoke of how the club has existed since 1975 and felt they have a place in our community since it’s in a rural area and has value and family activities.

Councillor McArthur felt that council should hear from the delegate who opposes the bylaw amendment. So, next up was :

Opposing SunParlour R/C Flyers Noise Exemption Request – Tom and Mary Bateman

(By the way, it was now 7:05 PM…….think about that for a minute…..)

Mr Bateman addressed council and said that he opposed any exemption to the noise bylaw for the Flying Club. He felt that the intended purpose of the bylaw was to protect the residents, that this specific model is prohibited because of the noise it produces and that they have tolerated the noise for many years. Mr Bateman said that had made many requests and had multiple meetings that were not successful. They tried to change the conditions but there was no change forthcoming so they made a formal complaint to the town’s bylaw department. He pointed out that the orders from the bylaw department have not been complied with. He felt that the current operations are unbearable, the sound levels are reaching 92 decibels and that’s with their windows closed. He said that it’s difficult to enjoy their yard and host outdoor barbecues. He said that the residents of the 4700 block oppose any exemptions, and that it should be one time only, not be continuously allowed.

Councillor Courtney asked Mr Bateman how long he’d lived at his residence. Mr Bateman said over 20 years. Councillor Courtney wondered why now for the complaint. Mr Bateman said that they had complained in the past and the noise was never acceptable but it was tolerated. He felt that now the frequency and distance has increased and it’s just getting louder.

Councillor Courtney asked Mr Bateman where he would see as a good location for the flying club. Mr Bateman said he didn’t feel he could answer the question. Councillor Courtney pressed on and Mr Bateman replied with “a proper airport”? (I kind of had to chuckle…..I could see where Councillor Courtney was heading with his “argument”…..it gets better…..just wait……)

Councillor Prue felt that the bylaw is dating back to 2001 and was reading the descriptions of replica airplanes. Ms Rubli pointed out that it existed in 1999 and in 2001 combustible engines were added as prohibited due to complaints from the vineyards. Ms Rubli was having a hard time with the computer and finding the information, but the CAO interjected since he had a printed copy. He started citing from the bylaw about combustion engines. He explained that the council of the day passed the bylaw and it was reviewed by the Ministry of the Environment. Even the exemption at the time was a maximum of 6 months. Public notice was given in 2001, a resident approached council and they approved the bylaw. Councillor Courtney wondered how the flying club has been doing this for the past 18 years. The CAO explained that the bylaw officer acts on complaints and that it is incumbent on the municipality to enforce their own bylaws. The bylaws are on record and need to be enforced. CAO Miceli pointed out that administration had done their job, the violation was identified. Now it was up to council to change the bylaw or to maintain. He went on to explain that it was not poor planning, that the site plan control process was used and that the bylaw is there and was approved by council (of the day.)

Councillor Courtney then talked about looking at surroundings when buying a home. He felt that it’s common sense to do so and was trying to find a compromise to the situation.

(OK……inner voice time……the flying club broke the bylaw……and that is somehow the fault of the resident that bought a house in the area? Oh, and if the resident had only lived there a year or two it would be even more his fault that the flying club broke the bylaw? When someone looks to buy a house they should look at all the surrounding properties…..and then accept fault if their neighbours violate a bylaw? What am I missing here? I don’t know Mr Bateman, but man, he remained very polite faced with such twisted logic….kudos to him….)

Mr Bateman went on to explain that they attempted to be good neighbours and tolerated the noise for a long time. He felt the conditions changed and wants a happy medium with restrictions and rules and minimizing negative impacts. Mr Bateman felt that the club had shown they’re unable to police themselves with planes flying months after the violation and that the neighbours shouldn’t have to police the situation.

Then there was a lot of back and forth…..a lot….a motion was put on the floor something about instructing staff to see if the bylaw should be deleted and replaced with something regarding the combustion engine……

Ms Rubli mentioned this could be tied to the Legion music issue since amplified music is also prohibited in the noise bylaw…..

Anyway, the motion carried, although there were still more motions to come.

(Supplementary Agenda) Live Music on Legion Patio May to October – Laurie Cavanaugh, President, Royal Canadian Legion, Fort Malden Branch 157

Ms Cavanaugh addressed council next. She said that they had looked at different templates and were told they’d be given the numbers from when the bands played but they didn’t receive any. She said that the Legion had been carrying this burden of the noise levels and that these events are funded by the legion and the money then goes back into our community.

Councillor Prue asked a question regarding the garage that was mentioned earlier. Ms Cavanaugh said that they had an estimate of $20,000 to build it. She asked if they were stopping the music for next year and wondered if she should book the bands. She pointed out that the patio was installed in 2008 when there were houses there at that time.

Councillor Courtney wondered if the door for the garage could be pointed to the south and it would have a better impact on reducing the decibels. Mr Novak got up and said that he would have to see the plans and the constructions materials and the design to be sure.

Deputy mayor Meloche said that he wears hearing aids and wondered how the Legion was self regulating in this situation. Ms Cavanaugh said that they were telling bands to turn down the volume, she would use a reader or other volunteers would check and monitor. If the volume went above 70 decibels, the band would be told to turn down the music. Ms Cavanaugh pointed out the bands fill the patio and that they get the Legion through the winter months.

Councillor Simone wondered what types of bands were playing. Ms Cavanaugh replied that nobody showed up from council to hear or see the bands. It seems “only Mike” came, numerous times. (I am guessing that “Mike” is Councillor Prue???)

There was some back and forth about what decibel level would be okay at the source of the music and what it would translate to across the street.

Just for a point of reference…..it was now 7:45…..with no end in sight……

Councillor McArthur then made a motion to set the level at 70 decibels at the point where the music is made. He said he knows that the patio is the lifeblood of the Legion. He also said that London has a 70 decibel level limit and it works. He felt that the Legion should have proper sound measuring equipment and that a process should be in place, that is clear and stagger the shifts to monitor the sound level. He felt that everyone wants closure on this issue. (At this point, I was just hoping for closure on this meeting, but that wasn’t going to happen LOL.) Councillor Prue said he’d support this but wanted to go beyond the motion and put the music going southbound towards the daycare, turn the speakers etc. and looking into having the garage door open in that direction. He felt that council could absorb the costs of the permits.

So, council seemed to be okay with setting a limit of 70 decibels at the source of the music…..but……not quite that simple…..the CAO pointed out that administration did not publish notice of this proposed change to the bylaw or engage in public consultation.

Ms Rubli pointed out that council granted an exemption to the Legion last year for 6 months but that she would need to notify the public if council were to change the bylaw. She felt that this issue warrants an amendment rather than an exemption. She also pointed out that Shooter’s can’t have live music on their patio and have to close their garage doors if they’re playing music. (It seems there were complaints many years ago about outdoor music, hence the bylaw making outdoor amplified music not permissible in Amherstburg, as per the current bylaw.) Basically, it looked to me, like they couldn’t just allow the Legion to have outdoor music without opening up the entire bylaw and allowing others to have their say. Ms Rubli said that the bylaw will require an amendment to give notice to the public and that would then trigger public consultation. (Yup, this is getting super complicated….) She also pointed out that a bylaw can not regulate one single property, it regulates the town as a whole.

So the motion got amended (I think?) to allow for amendments for patios with seasonal exemptions at 70 decibels where the music is measured at the source.

The CAO said he’d secure additional resources to expedite the process and Ms Rubli said she would try for the spring.

Construction of New Fieldhouse and Entrance Way to Miracle League – Chuck Bondy and Brian McGee, Miracle League of Amherstburg

Mr Bondy presented to council. It appears that the Miracle League is looking to begin construction of their Imagination Park initiatives. It seems that they will be self-funding this initiative and hope to begin construction in the spring. They’re seeking council’s approval for the construction of an entrance way, a 4 bay shed for council to reserve some space for a future playground area. As well, they’re requesting that council waive any fees, such as building permits, engineering approvals etc. As well, they’re asking council to cover the expense of ground preparation (excavation and soil removal) using Parks or Public Works resources for the construction of the 4 bay shed.

There was a bit of discussion and then this passed. 🙂

Council then took a 10 minute break. (I debated leaving but didn’t…..I kind of regret that now LOL)

TRUE Festival

In a nutshell, this is a new festival coming to Amherstburg the Valentine’s Day weekend. It will include a Cupid Run and is an extension of the River Lights Festival. It will be an outdoor dance party event! (Sounds like fun!) Ms Rota, Manager of Tourism pointed out that Amherstburg is very progressive and inviting. The town is trying to expand into new markets and will welcome the LGBTQ2+ community. The event will show that Amherstburg is welcoming and safe with the message of being true to yourself. She said she is currently working with the Amherstburg Chamber of Commerce to get the businesses on board to stay open and be available to serve the crowds.

Councillor McArthur felt it was a great idea to draw people downtown and a real benefit to partner with ERCA to host the Cupid Run. The event is being funded with grant money that previously received.

This motion was approved. (I’m looking forward to more activity down town)

Joint Use Agreement with GECDSB for Use of Recreational Facilities

It looks like the town is looking to enter into a joint use agreement with the Greater Essex County District School Board in order to offer a variety of programming to Amherstburg residents. It appears that this would be “drop in” type programming which seems to be gaining popularity. The town doesn’t have access to gymnasiums, so this allows the schools to be used in the evening hours and / or weekends for a variety of activities available to all members of the community. This carried with very little discussion.

It was now 8:40……the meeting still wasn’t done, but I was! I left….I had a headache. Was it because of the noise? (haha! just trying to be punny…..the meeting wasn’t noisy…..just super long and drawn out…..and seemed to focus on one issue for almost 2 hours…..)

I’m sure after I left council went through Old Business, News Business and then they were going behind closed doors to talk about :

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following
Regular session pursuant to Section 239 of the Municipal Act, 2001, as
amended, for the following reason:
Item A – Section 239(2)(d) – Labour relations or employee negotiations.

See you in two weeks Amherstburg! If I never hear the word “decibel” again, it will be too soon! LOL

 

In preparation for Monday January 13th Regular town council meeting

Happy New Year Amherstburg! It’s 2020 and the beginning of a new year for our council. It looks to be starting off on the right foot since the agenda is a slim 251 pages. So here’s to hoping that Monday’s first meeting of 2020 is concise, precise, efficient and productive. (i.e. short and quick and painless lol).

Here are the highlights as I see them :

Sunparlor R/C Flyers Inc. – Exemption to and Review of Noise By-law – Paul Sousa

It appears that Mr Sousa will be requesting council to make an amendment to the noise bylaw and also to grant the Sunparlor R/C Flyers an exemption from the bylaw as well. It seems they’ve had  a recent visit from the bylaw department since there was a complaint about their model airplanes using internal combustion engines and violating the noise bylaw. Their delegation form is very detailed, with data about their safety record and facts, such as membership names being provided to council. I’ll have to wait and see what council has to say about their amendment and exemption requests.

Opposing SunParlour R/C Flyers Noise Exemption Request – Tom and Mary Bateman

It appears that this next delegation is opposed to any exemption being granted to the Sunparlor R/C Flyers club. They seem to feel that the noise produced by the airplanes is excessive and has created a nuisance for the residents that live in the area. It seems that there is a petition signed by many in the neighbourhood that oppose any exemption to the noise bylaw. And now that I’ve read the “other side” of this issue, well, good luck council…..will bylaws be enforced “as is” or will they be amended and exempted? Well, I’ll wait and see what they decide Monday night.

Construction of New Fieldhouse and Entrance Way to Miracle League – Chuck Bondy and Brian McGee, Miracle League of Amherstburg

It appears that the Miracle League is looking to begin construction of their Imagination Park initiatives. It seems that they will be self-funding this initiative and hope to begin construction in the spring. They’re seeking council’s approval for the construction of an entrance way, a 4 bay shed for council to reserve some space for a future playground area. As well, they’re requesting that council waive any fees, such as building permits, engineering approvals etc. As well, they’re asking council to cover the expense of ground preparation (excavation and soil removal) using Parks or Public Works resources for the construction of the 4 bay shed. There are some plans attached to the delegation as well. We’ll have to wait and see what council decides to do.

Legion Noise Study Findings – Colin Novak, Akoustik Engineering Ltd.

Just a quick background…..last spring, council waived the town’s noise bylaw to allow the Legion to play live music outside on their patio, each Friday, Saturday and Sunday during the spring and summer months. There was a sound engineer report given to council during the summer (I think? I’ll have to double check), but the decibel levels were exceeding an acceptable level. Well, this seems to be the “final report” and recommendations regarding the outdoor music for the 2019 season. Last time, the report got quite technical and this time seems to be no different. I’ll do my best to wade through it and listen Monday night, but here are the main ideas from what I can gather.

The noise level was measured from a home across the street from the Legion for 4 week ends, which included 9 days with live bands. From what I can gather from the chart in the report, it appears that the music is loud and is above what would be considered acceptable noise levels. (**editors note : in the original version I had stated :” from within a home” in the first sentence of this paragraph. Thanks to Laurie Kavanaugh from the Legion for reaching out to let me know the sound was measured from the outside.)

This is going to be very interesting.

TRUE Festival

Well, it looks like we have a new Festival coming to town! It’s a “Boogie Night in the Streets!” event and sounds like a lot of fun! It seems that this festival is being organized due to some grant money received for the River Lights Winter Festival and is geared towards being an inclusive festival for the LGBTQ2+ community. This sounds like it will be a fun event for Amherstburg!

TRUE Festival Program

  • 5:00 p.m. to 10:00 p.m.
  • An inclusive street dance party
  • Stage with celebrity DJ
  • Live performances
  • Ice Sculptures
  • Costume Contest
  • Warming Igloo licenced area operated by a local business (yet to be determined)
    under the businesses own Special Occasion Permit (SOP)
  • Downtown businesses promotional program in the participating stores and
    businesses
  • Sensitivity training opportunity for businesses and Municipal departments

Since this festival is part of some of the grant funding that the town received, I would think (and hope) that council will approve the festival and the exemptions with open arms. From the report : “The risk in not meeting a term or condition of this Agreement is that the Minister may then declare that an Event of Default has occurred. This could result in not receiving full funding and may also jeopardize pending and future applications with the FED DEV agency.” I’ll wait to see how council reacts to this new festival.

Joint Use Agreement with GECDSB for Use of Recreational Facilities

It looks like the town is looking to enter into a joint use agreement with the Greater Essex County District School Board in order to offer a variety of programming to Amherstburg residents. It appears that this would be “drop in” type programming which seems to be gaining popularity. The town doesn’t have access to gymnasiums, so this allows the schools to be used in the evening hours and / or weekends for a variety of activities available to all members of the community. This sounds like an interesting initiative.

And when all is said and done, council will go to meet behind closed doors to discuss :

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following
Regular session pursuant to Section 239 of the Municipal Act, 2001, as
amended, for the following reason:
Item A – Section 239(2)(d) – Labour relations or employee negotiations.

And, having now read through (and skimmed through) the agenda….I’m not quite sure how quick and painless this meeting will be. For only 251 pages, there seems to be several delegations and presentations that may spark some debate. I can only hope that council comes prepared and has asked their questions in advance to be prepared with information and facts for any debate. We’ll see. Maybe that could be their new year’s resolution? I guess I’ll find out on Monday night.