Monday March 23rd regular town council meeting

Well, I watched tonight’s meeting on the live stream instead of in person……It was different…..some things good, some things not so good, but overall, I survived. For some reason, I missed about the first 7 or 8 minutes of the meeting. It kept cutting in and out and I kept refreshing, then it was okay (for the most part) for the rest of the meeting. Could have been an internet issue or a technical issue but who knows?

**Councillor Courtney was absent tonight**

One challenge was not having a paper copy of the agenda with me, nor being able to see the screen at the front of the council chambers.

When I finally was able to hear and see what was going on, council was discussing:

Driveway Alteration or Installation Policy

There was some discussion about a boulevard section going on when I joined into the meeting. One thing that was clear was that if the town is adding a sidewalk through a driveway, the sidewalk will be concrete and not interlocking brick. Councillor Prue went on at length with concerns about a driveway width of 9 meters being allowed. He wondered what type of environmental impact this may have. There was A LOT of back and forth about the driveway widths permitted. It seems that 9 meters is the largest possible driveway and it can not exceed 50% of the lot frontage. Councillor Prue said he measured his driveway and a few neighbours and they ranged from 4.5 meters to 6 meters and those are driveways on large homes on Boblo Island. The CAO pointed out that sometimes homes are built with 3 car garages and that 9 meters is the maximum allowed and that many people will fan the driveway out to access the garage and the driveway would be 9 meters at the maximum point of the driveway. Someone else from administration (I don’t know who because I could not see the person on my screen and I did not recognize the voice) said that least 30% of the lot has to be landscape and open space. They also said that the storm water management system was in play and that a 9 meter (30 foot) driveway should not have an impact. Councillor Prue questioned if other towns have this same criteria. It seems that they do.

Councillor McArthur wanted a sense of how many homes in Amherstburg actually had such large driveways. He mentioned that a home in Kingsbridge would stick out if it had such a large driveway. The voice from the back of the room (I don’t know what else to call him LOL) said that the current policy allows for a 9 meter driveway and has been in place since 1999. He said he hasn’t seen it often. (Whoever this mysterious man was LOL)

After much more back and forth, Councillor Simone made a motion to defer this item to allow the Environmental Committee to look at it and then council could decide whether to change the policy or keep the current policy.

2020 Road Maintenance (Tar and Chip) Program – Award of Tender

Once again, the town requested tenders for a road maintenance (tar and chip) program. It looks like they only received two, but it is recommended to go to Shepley Road Maintenance Limited in an amount of $201,189 plus applicable taxes, which was the lower of the two bids.

Councillor Simone asked a question about this on behalf of Councillor Courtney and then the motion passed and the tender was accepted.

Real Estate Services Agreement Extension

At times, the town has to sell property. It looks like the current agreement has expired and it is recommended to continue the agreement for another year with Royal LePage Binder Real Estate. This passed with no discussion.

Council Review – Unfinished Business List

The current council has requested at their last regular meeting, for a compiled list of all unfinished business items for a line by line review. (Some items date back to the previous council.)

From the report :

“A review of the Unfinished Business list will allow Council to consider each item line by line to determine its relevance to the 2018-2022 term of Council and to provide direction to Administration on priorities of the current term. Once Council’s priorities are determined, Administration will be able to better indicate what research/investigation, reporting and implementation demands it will have on current resources as well as impacts on service delivery and legislative priorities.”

All of the unfinished items are listed and council will have to decide which ones are priority.

I am not going to lie……this dragged on and on and on…..I played on my phone…..somebody called me…..I played on my phone some more…..the usual type of stuff you do when you’re at home sitting on a couch listening to something drag on….

The beginning of the discussions cut in and out and I missed quite a bit. I had to refresh my screen a couple of times….Ultimately, the intent (as I had understood it from the report) was for council to review each item tonight.

Basically, council made a motion to go into Committee of the Whole to discuss each item so that they could make one motion at the end of which items to get rid of.

They went through each item that was on the list of unfinished reports. I quickly discovered that if I tried to switch screens on my computer to follow each item, I got cut off from the meeting…..and I could not see the screen at the front of the chambers, so it gets pretty loose here……I did my best to keep up and follow along but well…..it was not easy……and then my phone rang……and then my cat jumped up on the couch…..and then I got cold and turned on the fire place…..and then I got hot and turned off the fireplace…..then council took a 10 minute recess……I think you can see where this is going.

Ultimately, council finished up and came back from the Committee as a whole to remove 12 items from the unfinished business list. I tried to write them all down and got eight of them but only partially. So, I would suggest to you that if the unfinished business list is of particular interest to you, you either watch the live stream tomorrow to see or wait for the minutes of this meeting to come out and then you can see which 12 were removed.

Information Reports

Councillor Prue asked about a payment to Pure Water Brand. It seems that the town buys bottled water for the water coolers. Well, they won’t be anymore. Councillor Prue made a motion that the town stop ordering it and drink the tap water and that carried.

There were a couple of other questions regarding information reports but I had difficulty catching them.

New Business

Deputy mayor Meloche made a motion to set up a bylaw to allow for off site council meetings now that the province has allowed this (due to the state of emergency) and also to look at the County ZOOM Program to facilitate these meetings.

Mayor DiCarlo explained that the ZOOM Program allows multiple people to participate in a meeting (electronically from home) and it also allows people to watch the meeting without participating. CAO Miceli explained that there would be no cost to the town since the County pays for the licence of this program for all of the county municipalities. Councillor McArthur felt that this was a smart and prudent step in case one or 4 or 7 members of council fall ill or have to self-isolate.

This motion carried.

Open mic meetings

Councillor Simone then inquired about looking into restructuring the open mic sessions. She suggested that instead of having the ones at town hall one hour prior to the meetings, that those meetings be held in the “Town proper” as well as continue the 4 sessions for Anderond, Malden, McGregor and River Canard. There was some discussion while the Deputy Clerk looked for the original motion.

Councillor Prue said he had concerns since the largest number of residents come to town hall and only 3 or 4 go to the satellite sites. Councillor Simone said that the idea was to keep the ones outside of town available but that the sessions in town wouldn’t be in town hall.

The original motion read something like….open mic sessions held once very other month one hour before council meetings and 4 other meetings quarterly (River Canard, McGregor, Malden and Anderdon) to be reviewed in one year.

Councillor Simone made the motion to reconsider that original motion.

Councillor Prue said that he looks forward to these meetings even if they’re too boisterous or if some people say some things they shouldn’t. Councillor Simone said she’d received emails and calls with people being uncomfortable with the meetings being held at town hall. Mayor DiCarlo pointed out that the one year report (due around July) would probably not happen on time due to social distancing and the emergency measures in place.

Councillor McArthur said he felt that having the open mic meetings at town hall confuses things. They’re held at town hall, with staff there yet it is not a meeting. There was an outburst that unnerved staff at an open mic meeting and that he can’t let that happen. He felt that council should take the opportunity for people to take it out on them, since they as politicians signed up for it, but not the staff. He felt that at town hall, it should be treated with respect, with formal delegations. He said that people were unnerved by what happened at the last open mic session. He also pointed out that it appears to be a meeting, with council and staff sitting there, yet it’s not a meeting.

Councillor Renaud said he also got phone calls and emails from people that were unhappy with what happened. He felt that the open mic sessions were a blending of the meeting, with the appearance of a meeting. He felt that just council going off site (like they do for the 4 quarterly sessions) would be a smart change.

Councillor Prue questioned where the meetings could be held in town. Councillor Simone and Councillor McArthur felt that staff had done a great job finding locations and that it should be left with them to find locations for the “town proper” meetings too.

Anyway, ultimately it passed 3 to 2. (to have the meetings in town proper rather than town hall and continue the 4 quarterly meetings).  It wasn’t a recorded vote but I watched the hands (and now with live stream and video recorded meetings you can check too!)……

In favour : Councillors Simone, McArthur and Renaud. Opposed (hands did not go up) : Councillor Prue and Deputy Mayor Meloche.

State of Emergency

There was a lot of discussion regarding our current state of emergency and the pandemic of the COVID-19 virus.

Councillor McArhur thanked Mayor DiCarlo, CAO Miceli and all the town staff for the emergency plan and asked what they could tell Amherstburg residents.

Mayor DiCarlo said that the reason they did this was to maintain a uniform position with our neighbouring municipalities. Also, Amherstburg will be eligible for any government funding. He allowed the CAO to speak about the administrative end of the decision.

The CAO explained that the Emergency Response Committee (I’m not sure of the exact name of the committee, I didn’t catch it, I’m sorry for that….) meet daily and provide council with daily updates. The have evaluated our supplies and materials. The town is prepared to deal with the pandemic and are keeping council informed daily and is in constant communication with council. The Committee is dealing with this emergency situation effectively and efficiently and showing a united front on this issue.

Mayor DiCarlo explained that so much changes daily and even hourly. (Oh yes…..I think we know it……it’s been quite the roller coaster….) He said that the key is not to panic! He also asked that people not hoard items. (Agree wholeheartedly on both points.) He thanked administration, council and staff who have been working non-stop during this pandemic.

Deputy Mayor Meloche wondered if the town had enough financial flexibility. The CAO pointed out that he doesn’t see any financial issues at the moment. He said on a county-wide basis that penalties and interest would be relieved for the months of March and April. Deputy Mayor Meloche wondered if administration had the proper spending authority. The CAO said he and the Fire Chief have been ahead of this but that it is definitely a moving target but that the Mayor has authority to direct administration regarding the pandemic and the state of emergency.

Mayor DiCarlo said everything is within budget for now and many staff are working from home. However, who knows if the virus should spread how that may impact things. The Treasurer even said that the finance department has set up a cost expenditure track sheet regarding the pandemic.

Councillor Prue questioned the ferry service for Boblo Island as it is running only once per hour. Mayor DiCarlo said that all services are continuing, such as garbage, recycle etc but some are offered by a third party. The CAO said that the town has asked for contingency plans from each service and that residents will be notified if there are any changes. The residents of Boblo have been spoken to about the ferry services, in particular those with unique situations, for example, chemo treatments etc.

Councillor McArthur thanked the residents of Amherstburg for their cooperation and support during this difficult time. He gave a real nice shout out for a new group on Facebook called the Amherstburg Caremongers (COVID-19) that was created by Chris Uszinsky. He said it is a very positive group and that it is bringing people together. There are posts about which restaurants offer take out or delivery, which stores have toilet paper and other fun and uplifting things to promote information. (I agree 100%. I joined the group and I love it! I check it several times a day lately and it really is a great group of positivity.)

Also, Councillor McArthur said that at 7:30 each night there is a movement for residents to go on their porch and make some noise in support all of the essential service workers…..take some pots and pans, go outside, make some noise, wave at your neighbours! I’m going to do it tomorrow night! I’ll try to get the kids to come out too. Wish me luck.

And with that, Mayor DiCarlo finished the meeting with the message that we will get through this together…..

And with that, it was 8:48 and the meeting adjourned. The meeting ended on a very positive, uplifting note and I’m happy I took the time to watch it to to the end. (The Unfinished Business list was a bit long and daunting LOL but the end of the meeting made it worth it…..)

I will echo the sentiment……thank you so much to our Mayor, Council and administration for all that you are doing for us, the residents of Amherstburg during this unprecedented event for our community!

And I survived my first blog experience solely from a live stream meeting, without being there in person……there were certain pros to that……some cons too…..but for now, it will probably be the new normal, so I will just accept it and make it work. 🙂

In preparation for Monday March 23rd regular town council meeting

Well, Monday night, town council will meet, but things will be a little bit different. Town hall is closed to the public due to the COVID-19 pandemic. Council met for a special meeting last Monday, March 16th to make some important decisions regarding the pandemic. I watched most of it on the live stream. It was very different watching a live stream of the meeting, at least for me. I found at the beginning, it would cut in and out or there was an awkward pause at times. However, I was able to get most of the main points of the meeting. (Although I chose not to blog about that meeting.)

Anyway, I will watch Monday night’s meeting and I will attempt to write up a blog afterwards this week. Only members of council, administration and the press are allowed to attend in person. Some people have told me that they feel that I am a member of the press because I write a blog, but personally I have no desire to attend the meetings during the pandemic. I am staying home.

The agenda is a light 150 pages and at the last meeting, administration encouraged council to simply defer any items that they felt should have more public input. It is strongly encouraged if you have questions about anything on the agenda that you contact council ahead of the meeting on Monday night so that your questions can be answered. Here are the highlights as I see ’em:

2020 Road Repairs Program – Award of Tender

Back in February, the Town advertised a Request for Tenders (RFT) for the 2020 Road Repairs Program. The Road Repairs Program provides for asphalt repairs on various roads in the rural area of Amherstburg. It looks like Nasci Construction Services came in with the best price and it’s being recommended to proceed with their services for road repairs.

Driveway Alteration or Installation Policy

In November 2017, it looks like the town’s Driveway Alteration or Installation Policy was put in place. It seems to offer rules and regulations regarding the Town’s Right of Way on people’s driveways. There seems to be some risk with the ways that the policy is being interpreted. It looks like this policy is to clarify and deal with Right of Way issues. The entire policy is included with the agenda, if anybody is interested in reading the whole thing.

2020 Road Maintenance (Tar and Chip) Program – Award of Tender

Once again, the town requested tenders for a road maintenance (tar and chip) program. It looks like they only received two, but it is recommended to go to Shepley Road Maintenance Limited in an amount of $201,189 plus applicable taxes, which was the lower of the two bids.

Real Estate Services Agreement Extension

At times, the town has to sell property. It looks like the current agreement has expired and it is recommended to continue the agreement for another year with Royal LePage Binder Real Estate.

Council Review – Unfinished Business List

The current council has requested at their last regular meeting, for a compiled list of all unfinished business items for a line by line review. (Some items date back to the previous council.)

From the report :

“A review of the Unfinished Business list will allow Council to consider each item line by line to determine its relevance to the 2018-2022 term of Council and to provide direction to Administration on priorities of the current term. Once Council’s priorities are determined, Administration will be able to better indicate what research/investigation, reporting and implementation demands it will have on current resources as well as impacts on service delivery and legislative priorities.”

All of the unfinished items are listed and council will have to decide which ones are priority.

Annual Treasurer’s Report – 2019 Council and Appointee Statement on remuneration and Expenses

This report includes how much each member of council earned for their positions but also includes remuneration for any boards or committees that may also pay an honorarium. As well, residents that sit on certain boards are also listed with the amounts that they earned. The totals are all listed, however, this is of note :

*Amherstburg Town Council remuneration amount consists of: Salaries, Public
Receptions, Conventions and Seminars, Travel and Mileage and Communication
Allowance. Amounts vary among Council members.
** Amounts for Appointments include Per Diem, Convention and Seminars, Travel and
Mileage. Amounts vary among Council Appointments.

Everything in the report is all broken down to explain the total remuneration received.

Cheque Listing for the Month of February 2020

I always take a look through the cheques that have been paid out to see if anything jumps out. I did notice this……looks like we paid the Integrity Commissioner $5,250 for what is described as “professional fees from 15 June 2019 – 31 December 2019”.  Interesting. I wonder if we’ll ever find out what that’s all about? I didn’t notice anything else that jumped out at me.

Council will also receive quite a few information reports and consent correspondence Monday night. I’ll have to wait and watch to see if there’s any discussion or motions that come from that.

And that’s about it. I found watching the live streaming a bit distracting…..things going on in my house, were pretty distracting LOL. At regular “live” meetings, there are distractions too but I seem to be able to tune them out better there. But I’ll do my best to listen and pay attention and take notes and see what I can come up with Monday night. 🙂

Until then, stay safe, stay healthy and stay home my fantastic readers.

 

Special council meeting Monday March 16th

As I hope everyone is aware, we are currently experiencing a pandemic due to the COVID-19 virus. Many things are closed and there seems to be so many announcements in the news about closures and/or travel at an extremely rapid pace.

There has been a special council meeting announced for Monday March 16th at 5:00. There is one item on the agenda :

PRESENTATION

Update to Pandemic Response Plan – Giovanni (John) Miceli, Chief Administrative Officer and Bruce Montone, Fire Chief/CEMC

There are two recommendations before council :

1. That the presentation BE RECEIVED; and,
2. The Pandemic Response Plan BE ADOPTED, as presented and added as Annex Z to the Town of Amherstburg Emergency Response Plan.

Earlier today, the City of Windsor decided to close their public facilities due to the COVID-19 pandemic. Here’s a link to an article with more details :

https://windsorite.ca/2020/03/city-of-windsor-closing-all-public-facilities/

I don’t plan to attend Monday’s meeting in person. I already had plans with some friends on Monday. Fortunately, they’re “political friends”, so I am guessing we will watch the live streaming together and see how this all pans out. (Luckily it wasn’t non-political friends…..I probably would have gotten a “Are you kidding me??? You want to watch a council meeting??? LOL)

I’m not sure at this point if I’ll blog about the meeting either. Again, I’ll play it by ear and see what happens. Just wanted my readers to know about the upcoming special meeting.

Monday March 9th regular town council meeting

Well, tonight’s meeting wrapped up in about an hour and 45 minutes…..not too bad, I guess, considering…..considering that I think tonight….. tonight may have finally been the night that things have started to change…..and change for the better in my opinion. Here we go:

PRESENTATIONS
ERCA 2019 Annual Report – Richard Wyma, ERCA General Manager/Secretary- Treasurer

Mr Wyma addressed council with the annual report from ERCA. I’ve sat through several now and I don’t think anything has changed. Mr Wyma was talking very fast tonight, so either he had somewhere else to be or he knew that we had all heard this before LOL. Anyway, yes water levels are up, the town council declared a climate emergency, ERCA is working on protecting the great lakes and providing education to residents. For those who are truly interested, take a watch of the live feed, because this is about the extent that I’ll be typing up on this. 🙂  I could probably go back and copy and paste from last year’s report……

Amendments to Accounts Receivable – Collections Policy

Here is part of the back story on this item from my pre-meeting blog :

The old council created and updated many of the town’s policies. In February 2016, they adopted a Accounts Receivable and Collections Policy. It was created and put in place based on best practices, transparency and accountability and based on the Deloitte recommendations. In October 2019, Councillor Courtney made a motion (and council supported it) to basically remove language from the policy allowing administration to authorize any write-offs and making it necessary to for all write-offs to come before council.

From the report, this is the portion to be removed from the policy :

“The resolution moved by Councillor Courtney and adopted by Council are to remove the following from the existing policy:
6.7.4.1. The following positions may authorize the write-off of these balances, if in their opinion, all means of collection have been exhausted:
a. Director of Corporate Services/Treasurer – up to $10,000 plus any related interest or penalties on a per account basis
b. Chief Administrative Officer- from $10,000 to $50,000 plus any related interest or penalties on a per account basis.
c. Any amounts in excess of $50,000 plus any related interest shall only be written off with Council approval.”

Basically, to me, this seems to be part of administrations job in the day to day operations of the town. According to the report, the motion as tabled does not provide administration a mechanism other than Council authority to write off small balances. Generally, the delegation of authority to administration for at least small balances is a best practice used across the region. Account arrears up to $1,000, plus penalties and interest, would not meet the recommended threshold for referral to a collection agency nor for legal action against the debtor, as the cost would outweigh the benefit.

From what I can gather in the report, it seems that this amendment also would contradict the Municipal Act.

Councillor McArthur immediately made the motion that recommended that the amendment to this bylaw be reconsidered. Councillor Courtney began to justify why his October motion was about his concern for administration. He then started to go on about not dragging up the past and the various amounts for the limits of the write-offs. Mayor DiCarlo clarified for him that the motion was simply for reconsideration. Councillor Simone asked that if council went back and just used the old policy if then it would be possible to amend the policy again and ask for a year end report, similar to the tax arrears report. The Clerk clarified that if this motion for reconsideration passed, then the original motion from October 2019 would be back up for debate. It went to a recorded vote :

In Favour : Councillor Courtney, Councillor McArthur, Deputy Mayor Meloche, Councillor Prue ( – although he added “reluctantly” when he voted in favour) , Councillor Renaud, Councillor Simone and Mayor DiCarlo.

So there we were, the motion from October, that was to remove the wording I posted above, was being reconsidered and discussed. Basically, the wording that gave senior levels of administration the ability to write off various amounts of money.

**Disclaimer, I take my notes by hand and I did my very best to keep up….but I think it is VERY worthwhile, if you can, to go watch this portion of the meeting on the live stream…..true colours are starting to shine through….***

Councillor Courtney started talking about phases and fees for collections. Mr Rousseau, the Treasurer explained the process…..there’s an invoice, 90 days go by, and then the options….add the amount to taxes and that works (when it’s possible) but sometimes that can’t be done. He also noted that it’s not worth taking legal action on amounts under $1,000.

Councillor Courtney then wondered about the collections phase and if the legal minds are consulted and if the case is presented to the town’s lawyer. Councillor Courtney felt that council should be kept apprised of these situations. He felt that write-offs to the tune of $50,000 may make people raise their eyebrows. He wondered how many times things have come before council. He mentioned a bill that was past the 2 year statute that then came to council. Mr Rousseau explained that it doesn’t happen often. He said that the policy is sound and is written on bast practices and has ALL of the checks and balances in place. He explained that to amend the policy as had been done with the October amendment makes it inconsistent with other policies.

Councillor Courtney (anyone noticing a theme here?) went on to say that he doesn’t feel that this is taking away the delegation of authority from administration. He said that he wants council included in the process. Councillor Courtney then said that he’s not bringing up the past but that the policy was not followed. He said that the items went to collections but that the statute had expired. He felt someone dropped the ball and that this item could not have been pursued had they wanted to. He again said that council should be kept apprised of unpaid bills.

Councillor Prue then spoke and said that this is an administrative procedure but that it’s also a political one. He felt that if council should be unaware of a bill that may be written off then people could question it and put the pressure on. He felt that if only administration is handling these situations then no one would be aware and that it is putting staff at risk of criticism and that could be fair or unfair of staff. Councillor Prue went on to say that they need to collectively take responsibility (council and administration I think he meant???). He said to let one person do it could seem wrong and insinuations of what deal was made could be made. He felt these items should come before council for a vote since council may not be doing a good service to staff. (This was, to me, fancy footwork at it’s finest…….everybody knows…..or ought to…..that council has one role and administration has another……they are not a collectively responsible for things…..they each have VERY distinct roles and responsibilities. I would have thought with Councillor Prue’s political knowledge he would have been more aware of these distinct roles and responsibilities?)

Councillor McArthur asked a question…..he said that this issue was about one bad debt and asked if administration had followed the policy. Mr Rousseau, the Treasurer stated that the policy had been followed to a T.

Deputy Mayor Meloche spoke and explained that the item that was written off was not the town’s issue, it was a (former) Amherstburg Police Board issue. He felt from a business perspective that he disagreed with Councillor Courtney. He said that the town is a corporation with qualified staff that oversee the business of the town. He felt that to start to pick away at procedure starts to open areas to questions and concerns and that it disrupts business. If there is a concern with the level of authority, for example, the CAO, then it should be evaluated in a job performance review, the criteria is set and it would be dealt with as business. Deputy Mayor Meloche said he disagrees with changing the policy and it should be left as written.

Councillor Simone spoke and said she felt that the Police Board did their due diligence. She wondered about going back to the old policy and just add providing a year end report about any write offs. Mr Rousseau said it would be doable to add a report at year end about these items.

Councillor Renaud spoke and said that administration is tasked with certain roles and work levels. The town has a $50 Million budget and that council should have trust that they’re doing their jobs. He stated that the Deloitte recommendations had all been put in place and he would support a year end report, but that the policy should remain as is.

There was some discussion about the frequency of variance reports. Mr Rousseau stated that policy and procedures are working and that the policy is sound and based on best practice. The CAO explained that there is a difference between tax write offs and trade write offs. A tax write off involves a secured creditor. A trade write off has to go through certain tests that are in the policy before they can be written off. They are deemed uncollectable or untraceable by the collection agency. The CAO explained that the situation that prompted all of this was beyond administration. Administration had taken measures from the report and it was uncollectable.

Councillor Courtney then spoke and said he didn’t have the old policy in front of him but he didn’t see that any legal advice was given and then that the issue had passed the statute of limitations…..he went on to say that the town never got legal advice……Councillor Courtney then went on to say that he’s not removing delegation of authority that he’s making it joint. (WOW! Again……council has one set of roles and responsibilities and administration has another……that is crystal clear…..it’s in black and white……anybody that does not understand this should really consider if they’re qualified to run for a seat on council…...)

Mr Rousseau said that the town had never taken anyone to court. Councillor Courtney said the amount written off was $17,000, which some may consider minimal and others may not. Councillor Courtney felt that administration and council are on the same team and should have joint delegation of authority. (WOW WOW WOW. First, I hope I’m never on the same “team” as Councillor Courtney, because all he seemed to be doing was taking shot after shot at administration……secondly, this isn’t summer camp……it’s not team building skills time for goodness sake…….council has their roles and responsibilities and administration has theirs……The two entities are not a team. Sure, they have to work together, but they’re not a team……again, break out the Municipal Act, it’s all spelled out in there…..looks like it’s time for some people to start reading…..) Councillor Courtney went on about rewording what he was saying that they should cover each others “butts”. (Now, it was starting to sound even worse as far as I was concerned……council should stay in their lane and worry about council……administration stays in there and worries about doing their jobs…….why should anybody be covering another’s “butt”?) Councillor Courtney wanted to find a way to work this motion so that people wouldn’t feel threatened. (Um, feeling threatened? This seemed to be micromanagement 101 in the works….in my opinion….)

Councillor Prue said that he agreed and that the items should be brought back to council so that no one can cast aspersion on staff. He felt that some people don’t like what staff does in town and that some people refer to back room deals. (This caught my attention…..big time……why is a member of council entertaining or listening to people talk about staff? Isn’t there something in council’s code of conduct that they should defend staff? Who are these “some people” that are talking to council about what staff does or does not do? Staff goes to work and does their job, just like everybody else……hmmmmm…..)

Mayor DiCarlo clarified at this point that Mr Galvin (former Director of Legal Services – he left for a another job recently) did provide legal advice. Councillor Courtney said he would have to agree to disagree with the Mayor. (Um, what the what?) Councillor Courtney said that they couldn’t go to small claims litigation since it was beyond the two year limit.  The CAO stated that Mr Galvin had reviewed the situation. It was a corporation with no assets that owed the money. It went through collections. He reminded council that corporations are set up to protect individuals from liability.

Councillor McArthur then spoke and boy did he speak. (I’ve got an entire page of notes of poignant and fair things that he said!). Councillor McArthur pointed out that the policy was followed to a T. He said that council had an obligation to protect staff and give them the tools to let them do their job. Council’s role is not to micromanage. (Ah! So refreshing! Somebody up there actually read the Municipal Act.) Councillor McArthur said that it was time to nip the hostility in the bud, that these are people who work hard for the town. He felt it sends a bad message that council doesn’t trust staff. He pointed out that we joke that we pay the CAO big money but we do so that he can do his job and manage the town’s staff. He felt that the CAO should be empowered to do his work. He pointed out that hard cases don’t make law…..that you can’t apply a general law to a specific situation (such as this one about the bill being written off.)  He pointed out that the policy was written using the CPA guidebook. Councillor McArthur explained that he has a fiduciary duty to the town but also a reputational duty. He pointed out that the CAO and 3 senior staff had all signed off on the report and that council has to protect staff. They don’t always have to agree with them, but they have to protect them, value them and empower them. (And this, right there, made me so very happy……finally, somebody on council standing up to the very small group trying to cast division and negativity toward our town employees. Finally!)

Councillor Courtney then said that this was never to create division, it was about inclusiveness. (Yup. I’m serious, check the live feed.). He said he found a glitch in the policy and wanted council to be apprised and included in the process. (Included in their day to day duties……wow…...)

Deputy Mayor Meloche said that Councillor McArthur said it eloquently and that to say that council was not included is wrong. The policy was set in 2016 with limits and all is in place.

Then the Clerk re-explained the motion they were voting on…..the motion was the original motion from October to remove the powers of administration to deal with write-offs, so if the motion failed, then the 2016 policy would be back as it was previously written.

Recorded vote :
Support : Councillor Courtney

Opposed : Councillor McArthur, Deputy Mayor Meloche, Councillor Prue, Councillor Renaud, Councillor Simone and Mayor Dicarlo.

I found it strange that Councillor Prue had expressed so much agreement with Councillor Courtney, yet voted with the others.

So, since the 2016 policy was back in place, Councillor Simone made a motion to also include a report to council for any write-offs over $5,000. There was some discussion, but it will happen quarterly.

And, that was that……I strongly encourage all of my readers to watch the live feed of this discussion. I think you will be very impressed with how Councillor McArthur spoke. I know I was! And I think you will see the troubling optics coming from a couple of other members of council…..very troubling…..

Ontario Consultation – Cannabis Consumption Venues and Special Occasion Permits

This issue was a huge discussion at the last meeting. From my last blog :

The Provincial Government is seeking input regarding cannabis consumption at venues and special occasions, such as festivals. According to the report, administration is looking for direction from council :

“Administration BE DIRECTED to complete the Ministry of the Attorney General
feedback form indicating Council’s support of cannabis consumption lounges
and Cannabis Special Occasion Permits with municipal government discretion to
allow these in their communities, local zoning and licensing powers to ensure
appropriate locations and community responsiveness.”

So tonight, the report was on the table with feedback and commentary for the government regarding cannabis consumption in public places. Councillor Prue asked for a couple of items to be added in and they’ll be added. The report is due to the province tomorrow.

Community Improvement Plan & Urban Design Guidelines

It looks like the Community Improvement Plan and Urban Design Guidelines are ready to be tabled. As well, administration is looking for direction from council to schedule a public consultation session. From the discussion part of the report :

A Community Improvement plan provides a framework for redevelopment within a defined project area. A Community Improvement Plan allows a municipality to provide grants and loans to owners and tenants for the purpose of restoration or redevelopment. The benefits of a Community Improvement Plan include:
• To encourage a vibrant and diverse commercial area;
• To encourage economic viability of the commercial cores;
• To stimulate new investment in public and private lands;
• Return on the investment;
• Increased tax base;
• Employment opportunities;
• More services for residents;
• Increased pride and image for the Community;
• Reduced vandalism.

The Community Improvement Plan Objectives include:
• Incentives for Central Business District
• To create a more attractive, distinctive and pedestrian friendly streetscape;
• To preserve and restore heritage buildings;
• To improve the appearance of non-heritage buildings;
• To capitalize on redevelopment, infill and mixed-use opportunities;
• To improve the appearance and viability of existing businesses;
• To strategically attract new businesses and expand existing businesses;
• To increase pedestrian and vehicular traffic.
• To reduce the number of vacant storefronts and the amount of vacant floor
space;
• To develop Urban Design Guidelines; encourage consistency in design, and promote
attractive image that reflects the historic character and heritage of the
community.

This report is pretty interesting. Basically a final draft of the Community Improvement Plan will be released so that council and the public can review it and provide feedback. Also, a copy of the guidelines were being sent to the Heritage Committee for review. Council decided to send it to the Economical Development Committee too.

Economic Development Advisory Committee Vacancy

Speaking of the Economic Development Committee…..

It seems that there is a vacancy of the Economic Development Advisory Committee. One of it’s members has moved out of town. Council will either have to appoint a person to replace him (from a short list) or to advertise the position.  It looks like council has been provided with a private and confidential memo with names of candidates.

Councillor Simone made a motion to appoint Tony Pietrangelo (I think I got that right?) to the Ec Dev Committee. The Clerk pointed out that that would put him on 3 committees and council would have to authorize that. However, nobody seconded the motion.

Then Deputy Mayor Meloche made a motion that Pat Palumbo be appointed as recommended by administration. And then uh-oh……Councillor Prue said that he does not think that “as recommended by staff” should have been said since it was said in-camera. The Mayor agreed. And the Deputy Mayor agreed and said it was an error. Then Councillor Pure said that the item should be discussed in-camera and voted on later tonight. So, it got added to the in-camera discussion items for later tonight.

Unfinished Business

Councillor Simone wondered if the items on the unfinished business list would be discussed tonight or at another meeting. They will be compiled as a separate item for the next meeting.

New Business

There were a few issues brought up. Councillor Prue spoke of having heard Jason Thorne speak at the Amherstburg Community Foundation’s event last week. (I was there and heard him too.) Most of council were there…..(I think all but one?) He said that 40 ideas were presented and he asked for a follow up report from administration on 2 items. The first item was a vacant building registry and the other was regarding an agent of change bylaw. The vacant building registry helps to avoid demolition by neglect situations. The agent of Change Bylaw is focused more on new development being built according to existing surroundings (proper sound proofing etc.). Anyway, administration will look at those bylaws and prepare a report for council.

Also, Councillor Courtney asked some questions regarding studies on the property for the new high school. He seemed concerned about the storm water and waste water systems. Administration pointed out that the developer will have to outline in their plans how they will handle the water systems and provide the studies etc.

And with that, council went off for an in-camera  meeting to discuss :

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following the
regular council meeting pursuant to Section 239 of the Municipal Act, 2001, as
amended for the following reasons:
Item A – Section 239(b) – personal matters about an identifiable individual,
including municipal or local board employees.
Item B – Section 239(2)(b) – personal matters about an identifiable individual,
including municipal or local board employees; and Section 239(2)(d) – labour relations or employee negotiations.

A item C was also added about the Ec Dev Committee opening too.

And with that, the meeting was over……and finally, somebody spoke up and spoke out! Thank you Councillor McArthur for doing the right thing and defending our town’s administrative staff! It’s sad to see that some members of council seem to be involved directly or indirectly with the division…….and it was so darn refreshing to see somebody stand up to it! High fives all around! I now have solid hope that Amherstburg can and will move forward during the next 3 years. 🙂

In preparation for Monday March 9th regular town council meeting

Well, time once again for another council meeting. I went to check out the agenda and see that it’s back to the old PDF format…..so the good news is I can see that it’s 312 pages and it’s all in one document. The not so good news is that I have no excuses for not reading any of it, no issues with links not working LOL. But, I’ll skim through it and see what stands out. Here are the highlights as I see ’em:

PRESENTATIONS
ERCA 2019 Annual Report – Richard Wyma, ERCA General Manager/Secretary- Treasurer
Mr Wyma will give ERCA’s annual report to council. I’ve sat through I think 5 of these annual presentations by now…..or maybe this will be the 5th one? Either way, the presentations are generally pretty similar year to year…..ERCA’s goals and objectives will be presented. Their budget and strategic plan will be presented….I’ll take a listen to see if I hear anything new Monday night.

Amendments to Accounts Receivable – Collections Policy

I’ll try to sum this up quickly. The old council created and updated many of the town’s policies. In February 2016, they adopted a Accounts Receivable and Collections Policy. It was created and put in place based on best practices, transparency and accountability and based on the Deloitte recommendations. In October 2019, Councillor Courtney made a motion (and council supported it) to basically remove language from the policy allowing administration to authorize any write-offs and making it necessary to for all write-offs to come before council.

From the report, this is the portion to be removed from the policy :

“The resolution moved by Councillor Courtney and adopted by Council are to remove the following from the existing policy:
6.7.4.1. The following positions may authorize the write-off of these balances, if in their opinion, all means of collection have been exhausted:
a. Director of Corporate Services/Treasurer – up to $10,000 plus any related interest or penalties on a per account basis
b. Chief Administrative Officer- from $10,000 to $50,000 plus any related interest or penalties on a per account basis.
c. Any amounts in excess of $50,000 plus any related interest shall only be written off with Council approval.”

Basically, to me, this seems to be part of administrations job in the day to day operations of the town. According to the report, the motion as tabled does not provide administration a mechanism other than Council authority to write off small balances. Generally, the delegation of authority to administration for at least small balances is a best practice used across the region. Account arrears up to $1,000, plus penalties and interest, would not meet the recommended threshold for referral to a collection agency nor for legal action against the debtor, as the cost would outweigh the benefit.

From what I can gather in the report, it seems that this amendment also would contradict the Municipal Act.

To me, this motion looks to be taking administrative job duties and responsibilities and trying to put them with council……hmmmmmm…..it seems that the motion doesn’t respect council’s role and administration’s role in the day to day operations of the town. I’ll be interested to hear council’s take on this issue…..

Court Security Prisoner Transportation Program – 2020 Funding Agreement

Looks like the town is getting the funding again this year to continue to offer the court security prisoner transportation program. I would guess this won’t get much discussion LOL. Take the money and run right?

Ontario Consultation – Cannabis Consumption Venues and Special Occasion Permits

This issue was a huge discussion at the last meeting. From my last blog :

The Provincial Government is seeking input regarding cannabis consumption at venues and special occasions, such as festivals. According to the report, administration is looking for direction from council :

“Administration BE DIRECTED to complete the Ministry of the Attorney General
feedback form indicating Council’s support of cannabis consumption lounges
and Cannabis Special Occasion Permits with municipal government discretion to
allow these in their communities, local zoning and licensing powers to ensure
appropriate locations and community responsiveness.”

Councillor McArthur really wanted to get this issue moving and give the province input on the issue of cannabis consumption. At the last meeting, the issue was deferred to this coming Monday’s meeting. So Monday night, included with the report is some feedback for the province that needs to be sent in by March 10th. So, council will need to discuss (quickly I hope! lol) so that administration can meet the deadline, since it’s the very next day.

Kingsbridge Subdivision Phase 5G – Proposed Redline Plan to Draft Plan Approval

There have been a lot of items about Kingsbridge at most meetings lately. Here’s the recommendation for this item :
Administration BE DIRECTED to NOTIFY the County of Essex that the Town of
Amherstburg supports the minor change to the revised draft plan approval for
Kingsbridge Subdivision Phase 5G as described in the report Kingsbridge
Subdivision Phase 5G – Proposed Redline Plan to Draft Plan Approval from the
Manager of Planning dated March 2, 2020.

Community Improvement Plan & Urban Design Guidelines

It looks like the Community Improvement Plan and Urban Design Guidelines are ready to be tabled. As well, administration is looking for direction from council to schedule a public consultation session. From the discussion part of the report :

A Community Improvement plan provides a framework for redevelopment within a defined project area. A Community Improvement Plan allows a municipality to provide grants and loans to owners and tenants for the purpose of restoration or redevelopment. The benefits of a Community Improvement Plan include:
• To encourage a vibrant and diverse commercial area;
• To encourage economic viability of the commercial cores;
• To stimulate new investment in public and private lands;
• Return on the investment;
• Increased tax base;
• Employment opportunities;
• More services for residents;
• Increased pride and image for the Community;
• Reduced vandalism.

The Community Improvement Plan Objectives include:
• Incentives for Central Business District
• To create a more attractive, distinctive and pedestrian friendly streetscape;
• To preserve and restore heritage buildings;
• To improve the appearance of non-heritage buildings;
• To capitalize on redevelopment, infill and mixed-use opportunities;
• To improve the appearance and viability of existing businesses;
• To strategically attract new businesses and expand existing businesses;
• To increase pedestrian and vehicular traffic.
• To reduce the number of vacant storefronts and the amount of vacant floor
space;
• To develop Urban Design Guidelines; encourage consistency in design, and promote
attractive image that reflects the historic character and heritage of the
community.

This report is pretty interesting. Basically a final draft of the Community Improvement Plan will be released so that council and the public can review it and provide feedback.

Economic Development Advisory Committee Vacancy

It seems that there is a vacancy of the Economic Development Advisory Committee. One of it’s members has moved out of town. Council will either have to appoint a person to replace him (from a short list) or to advertise the position.  It looks like council has been provided with a private and confidential memo with names of candidates.

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

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following the
regular council meeting pursuant to Section 239 of the Municipal Act, 2001, as
amended for the following reasons:
Item A – Section 239(b) – personal matters about an identifiable individual,
including municipal or local board employees.
Item B – Section 239(2)(b) – personal matters about an identifiable individual,
including municipal or local board employees; and Section 239(2)(d) – labour relations or employee negotiations.

This may be another quick and efficient meeting? Who knows?