Well tonight’s meeting lasted over two and a half hours…..it began with technical issues, went well throughout the first hour so and then the technical issues came and went for the last part. I think it was my internet connection that was cutting out every so often. So, I’m going to write up what I can tonight (Monday night), then fill in the blanks tomorrow night (for what I missed) and publish this all on Tuesday night.
The meeting got underway around 6:18. Deputy Mayor Meloche declared a conflict for the section of the meeting to request to have user fees waived for an unauthorized open burn, since his brother was the fire inspector on the matter.
Council had met in-camera tonight at 5:00 to discuss :
SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council at 5:00 p.m. pursuant
to Section 239 of the Municipal Act, 2001, as amended for the following
reasons:
Item A – Personnel Matters – Section 239(2)(b) – Personal matters about an
identifiable individual, including municipal or local board employees; Section
239(2)(d) – Labour relations or employee negotiations; and, Section 239(2)(f) –
Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
Item B – 320 Richmond Street – Section 239(2)(c) – A proposed or pending
acquisition or disposition of land by the municipality or local board.
Regarding item B, there was a motion on the floor for council to direct administration to enter into lease agreements with the House of Shalom, the Fighting Island Boxing Club and the Verdi Club for 10 year leases at the new Community Hub (the old St. Bernard’s school). Then administration would dispose of the property at 300 Victoria St (where Fighting Island Boxing Club is located) as surplus land and put the money into park land reserves.
The CAO explained that the disposition and sale of 300 Victoria Street would be used to make the park reserve whole within the next couple of years. One section of the land at St. Bernard’s (the part on the east I think) is waiting to be developed and used for long term care.
The motion carried. Sounds like very good news to me!
Request to Waive User Fees – Unauthorized Open Burn
This item was moved forward since the resident was on the line to be able to address any questions.
It looks like somebody has sent a request to have a user fee waived regarding an unauthorized open burn.
Councillor McArthur asked if the person could tell their story of what happened. He wanted to know why the situation had occurred.
Mr Perissonuti (I think that was his name, I apologize if I really messed it up) spoke. He explained that he gets a permit every year and he had gone to get one for this year but town hall was closed because of the pandemic. Mr P. (that’s what I’ll call him, hope that’s okay) didn’t realize he could get one on line. He said that he has one or two burns per year and that it is from clippings from his vineyard. Mr P said he didn’t meant to do harm and he didn’t realize he could get the permit on line. He said he now has a permit. Mr P said he had had a permit the last two years but that everything was closed at the time and he didn’t know he could get a permit on line. He asked council to waive the fee for the unauthorized burn.
Fire Chief Montone then spoke to read the facts from the report. A complaint was received by phone on April 11th regarding a property on Sixth Concession North. The responding fire officer arrived, there was a burn in progress and no permit. It seems the homeowner was conducting a burn in violation of his previous and current permit. The property had been inspected in 2018 and was okay with no follow up required. However, the maximum size for a fire is 3 feet round and in this case that fire was 4 feet around. The homeowner was asked to extinguish the fire and according to the permit requirements, the homeowner is supposed to have the means available on site immediately to extinguish the fire. The homeowner had to go into the house and assemble a hose to then extinguish the fire. The Chief said it was the minimum fine since only the duty officer attended ($235).
Councillor McArthur asked the Fire Chief that had Mr P gone on line and gotten the permit would he still have been fined. The Chief said yes, this had little to do with the lack of permit. The problems were the size of the fire and that there was no means to extinguish the fire on site as required.
There were a few more questions, but ultimately council upheld the fine and the homeowner will have to pay it.
2020 Mill and Pave Program – Tender Results
Here was the recommendation for the road work to be done :
“Transfers from the General Reserve Fund not to exceed $420,000 BE APPROVED to fund resurfacing (Mill and Pave) of the full extent of St. Therese, Woodside Ave., Durango Ave and Venetian Drive; and that the Ventnor Ave (Baltic to Atlantic) resurfacing project BE REQUESTED in a future budget.”
It seems that the watermain on Ventnor Avenue will need replacement in the net few years, therefore, administration is recommending that the road work in that area be done at the same time.
Deputy Mayor Meloche seemed concerned with some differences in pricing for a couple of the roads. It seems that one of them was under budget by about $50,000. Todd Hewitt, Manager of Engineering Operations explained that Ventnor was high on the roads needs study, however once they looked at the infrastructure and the 70s style infrastructure for the watermain, they realized it will need to be replaced in the next few years, similar to what happened with Pickering Street and is now happening on Pacific Avenue. Since St. Therese, Woodside Avenue and Durango Avenue are all in the same subdivision, they sort of count as one job. Since Ventnor Avenue was dropped (for now), Venetian will be getting full work done including catch basins etc. So, these changes affected the prices for the final tally.
Deputy Mayor Meloche wondered if the money could be used elsewhere, such as gravel roads. Ms Gioffu, Director, Engineering and Public Works said that this is a capital budget project and gravel roads come from the operating budget. She said that she can talk with the finance department and bring something forward for council’s consideration regarding moving the money to be used for gravel roads.
So, after all of this ultimately, the motion carried, the roads noted will be fixed and Ventnor Avenue will be done later, when the water main gets replaced.
Kingsbridge Subdivision Phase 5G – Minor Subdivision Agreement Amendment File No. 37-T-13003
Looks like some more development will be coming to the Kingsbridge area, near Pat Thrasher Park. It seems that everything is in order and approvals are in place, they just need a final approval from council.
This motion carried with very little discussion.
Removal of Holding Zone for Kingsbridge Subdivision Phase 5G, 7A, and 9A&B
I believe that this report is related to the one above regarding part of the Kingsbridge development. It looks like a Hold symbol had been placed on the development and now that all of the requirements have been met, it is time for council to remove the hold symbol on the area and allow the plans to proceed.
This is great news for Amherstburg! More development = more tax dollars.
Councillor Prue said that he didn’t have a problem removing the holding zone on the property but felt it will cause traffic issues, dirt and mess on Texas Road. He asked what could be done to lessen complaints.
CAO Miceli explained that there are generally two different types of complaints. The first is in regards to servicing the land, which is the responsibility of Mr Dunn, the developer to clean the roads. The second is when homes are being built and mud and dirt litters the road, in which cases letters have been sent to the home builder to clean it up or the charge to do so would be held against the indemnity deposit if they do not do the clean up as required.
Then the motion carried, the hold symbol was removed and the development can proceed.
Amherstburg Environmental Advisory Committee – Additional Considerations to Terms of Reference
As you may recall, council had approved an Environmental Advisory Committee back in February (before the pandemic closed down the planet LOL) and had set terms of reference for this new committee. It seems a very similar committee existed from 2007 until 2013, it was called the Advisory Committee on the Environment. It seems it was difficult for that committee to set an agenda without either duplication efforts of other regional bodies or without conflicting with the mandate of those other bodies. Therefore it was disbanded in 2013.
It seems that there may be some conflicting language regarding planning for this new Environmental Advisory Committee. From the report : “It is important to note that the role of an Advisory Committee is to provide recommendations, advice and information to Council on those specialized matters which relate to the purpose of the Advisory Committee. It is for this purpose that Council should ensure that those seeking to become members of the committee have the specialized knowledge as it relates to the subject matter.”
Councillor Prue wanted to confirm that the council member of ERCA (Councillor Courtney) AND the appointee (resident member – Ms Marilyn Morrison) would both be members of this new committee.
Councillor Prue felt that Appendix B allowed the committee to have input regarding planning issues where as Appendix C does not. (Appendix C was the recommendation before council.) He wondered if there were any other differences between Option B and Option C.
It seems the only differences were regarding planning matters and the staff liaison that were named.
Councillor Prue made the motion to accept Appendix B as the terms of reference for the new Environmental Advisory Committee. Councillor Prue felt that the committee should be given work to do in terms of protecting the environment and enhancing the environment. He felt Option B includes the ERCA representative as well as several residents to “make comment” on planning issues.
Councillor Prue felt that many other committees could provide advice to council regarding planning and other issues, therefore why shouldn’t this committee be able to provide this advice as well. He felt this could be done without jeopardizing the relationship with ERCA and that this new committee will show how committed we are to the environment. He felt that this will show the town’s commitment to the environment. He felt it would help preserve wetlands and help development happen in an organized fashion. He said that he wanted option B since every other committee has the power to provide advice regarding planning.
Councillor Simone agreed that option B would be best for Amherstburg at this time and seconded the motion to support Option B, which Councillor Prue had put forward.
Deputy Mayor Meloche felt that that he didn’t want there to be conflicts with ERCA, should there be a difference of opinion should council adopt Option B. He was concerned that the advisory committee could differ with ERCA and wondered how that risk could be addressed.
The CAO pointed out that on page 99, in the second last paragraph explained ERCA’s mandate. Here it is :
“As ERCA has the mandate to provide advice and recommendations on environmental
planning matters, should the approved terms of reference (Appendix A) proceed without
the recommended amendments, it should be noted by Council that risks may be
compounded further. For example, should the professional opinion of ERCA differ with
that provided by the committee members, and Council opt to follow the advice of the
AEAC, then the Town could create opportunities for decisions to be challenged and
lawsuits filed thus resulting in additional legal costs and reputational damage to the
Town going forward.”
CAO Miceli pointed out that we all pay into ERCA through levies for their professional opinion. Should council take into consideration advice from the committee that conflicts with ERCA, there could be possibility of litigation since ERCA is the ruling body for such decisions, not a town committee. CAO Miceli pointed out that citizens have a voice regarding matters as citizens. He was concerned that ERCA and the Environmental Advisory Committee could be at odds in various situations. He pointed out that we have a body (ERCA) that is funded and recognized to provide environmental advice to council and the municipality. He pointed out that ultimately the wet lands and natural areas are ultimately ERCA’s responsibility.
Frank Garardo, Manager, Planning Services felt that the new committee would have merit for policy development but felt there could be issues should they provide planning advice. Also, time frames can be legislated which could be problematic.
Deputy Mayor Meloche wondered if the Committee should address concerns to ERCA rather than to council.
Councillor Courtney supported option B since he wears two hats as he is on the ERCA board. He does not see a conflict. ERCA is the local authority regarding environmental matters. He felt that a committee may be able to change things for planning based on recommendations. Councillor Courtney felt that planning zones are sometimes changed. He cited the example of the McLeod area that was “stumbled upon” since it was zoned agricultural but potential residential. He has heard that municipalities have a lot of power regarding their own wants and needs. He supported input from the Environmental Committee regarding planning and that it may help council in protecting areas.
Mr Garrardo said the committee could have some input regarding the environment but that private individual development applications are bound by provincial legislation.
Councillor Prue felt that the motion would not bring the municipality into conflict. He said he understood about development applications but felt that should something come to light that they could make a deputation to council about it. If there is a conflict between ERCA and the Committee, that it could be added that ERCA would have precedence. Councillor Prue hopes that the committee will propose to council to have better setbacks on land and about species protection.
Councillor McArthur also supported section B however questioned the language regarding qualifications. He didn’t want to preclude passion and local knowledge and make certain qualifications a requirement.
The Clerk pointed out that they included “lived experiences” within the qualifications to benefit all and that council would want the best input for council and the organization. She pointed out that council will decide on the applicants and who will be on the committee.
Councillor Renaud talked about the committee makeup even including somebody under 25 years old and that all qualifications should be looked at. He acknowledged that qualifications are looked at for other committees as well.
Deputy Mayor Meloche said that he can support B but he wanted to see language added that should there be a difference of opinion between the committee and ERCA that ERCA’s decision would override the committees.
The amendment was agreed to. As well, regarding qualifications, council decided to remove the word “will” have certain qualifications to “should” have certain experience/qualifications etc.
And then finally, the motion carried. (I’m going to be keeping a real close eye on this…..it almost looks to me that this Committee is being formed as a way to slow or halt development in the name of “saving species” or “helping the environment”…… the fact that this committee will have a say in planning is very interesting. I was glad at least to see that language was added that if there is a dispute between ERCA and the Committee, that ERCA will prevail……i.e. proposed McLeod subdivision that Councillor Courtney mentioned, already has ERCA approval even though the some residents in the area oppose it…...)
Open Mic Budget Session May 2020 – Further Direction Required
It looks like council had made a motion back in November directing administration to have an open mic meeting for residents in May 2020 regarding the budget. Since we are currently in the middle of a global pandemic and a state of emergency, gatherings of more than five people are not currently allowed, well…….obviously an open mic session isn’t something that can be organized at the moment.
Deputy Mayor Meloche made the motion to rescind the previous motion and Councillor Prue seconded it.
Councillor Prue asked if it may be possible to have people’s recommendations before the September 14th meeting. He felt that if people want to make recommendations on the budget, they should be able to, but because of the lock down, open mic meetings aren’t possible. Councillor Prue hoped that the service delivery review would be finished by this time as well to allow for public input on that as well.
The CAO said that there is currently a service delivery review underway by the town and that it must be submitted to the province by September.
Councillor McArthur felt it was important to get the results of the service delivery review and asked the CAO to explain it. The CAO explained that it is a grant of $200,000 that is being used to look at all services that the town provides to see if there may be alternative ways to deliver the services, i.e. what can be offered in an alternative way. The way services are offered are being analyzed in order to find better ways to deliver the services, which will be then considered by council.
Councillor McArthur acknowledges that there is a lot in flux at the moment with the pandemic and there may be funding to come from the federal or provincial governments. The CAO pointed out that the way that municipalities do business will change due to COVID. He said that even ways payments are made for taxes, that some towns do not accept cash payments for taxes for example. However, once the study is complete, all of the service delivery methods will be available for council’s consideration.
Councillor Simone wondered if once we’re out of lockdown, perhaps Zoom could be included as an option for public input. She cited that sometimes parents have children’s activities at 1:00 on a Saturday afternoon and can not attend public consultation meetings.
Mayor DiCarlo pointed out that at the moment, we are at the mercy of the province and that council will have to address the bylaws to allow virtual attendance in the future.
Ultimately, the motion carried, therefore the open mic session for May 2020 is cancelled and some form of public consultation and input will take place in September.
CONSENT CORRESPONDENCE
There were many items for consent correspondence and some of them garnered some discussion.
Request to Reconsider Postmedia Closure – Town of Tecumseh Resolution
Deputy Mayor Meloche felt that council should support the town of Tecumseh by sending a letter to Postmedia regarding the closure of their local newspaper. He felt that small newspapers are important and create a sense of community. Councillor Prue pointed out that Postmedia is a large corporation and that they must think they can’t a profit, they’ll close down the paper. He felt it would be an idea that if they’re walking away, that Tecumseh should look at getting somebody else, an independent to come in and provide a local newspaper. He felt that a letter of support wouldn’t help much, if they’re looking at the bottom line.
Councillor McArthur spoke and gave kudos to the journalists. He said that Amherstburg is very lucky to have Ron from the River Town Times. He felt that it wouldn’t hurt to send a letter to stick up for the free press and that Tecumseh needs a local paper.
Deputy Mayor Meloche said that he wouldn’t argue, it could fall on deaf ears but he felt it was important to show our support, to send a message of importance for small newspapers in municipalities.
Councillor McArthur said that a copy of the letter should be sent to the Prime Minister’s Office as well as the Heritage and Culture Department since the government is providing funding to various business during this pandemic. He cited that our area has become an under serviced area.
Mayor DiCarlo said this was discussed at the county council meetings and many mayors are concerned with this.
Ultimately, this carried. A letter will be sent showing Amherstburg’s support for a local newspaper.
Commercial Rent Assistance Program – Town of Grimsby Resolution
Rent Relief Advocacy Letter – Oakville Economic Task Force
Councillor Prue discussed this issue about rent relief. He felt that some Amherstburg businesses are having issues paying their rent during the pandemic. He wanted a letter of support to be sent regarding this issue.
Universal Basic Income – City of Kitchener Resolution
Councillor Prue wanted to show support for a Universal Basic Income and that a letter of support should be sent.
Unfinished Business
Ball diamonds, the pool, the Libro Master Plan and Great Spaces, Great Places Grant Application
Councillor Courtney wanted to make a motion regarding a motion made about the ball diamonds and pool to have it put back on unfinished business. Councillor Simone seconded.
Councillor Courtney felt that we have our eggs in one basket regarding the Great Spaces, Great Places. He was looking for costs etc should we not get the grant and put the items back on the unfinished business list.
Deputy Mayor Meloche wondered if these issues should not be in the parks master plan, since they are part of a larger program.
The CAO said that the Parks Master Plan does have a set of recommendations. There is also a study being done regarding the Libro Master Plan while consulting with the minor baseball league groups. Moving this to the unfinished business list doesn’t preclude that the town is waiting to hear back on these items. The Libro Center will probably become the Center of Excellence for our town. There is a secondary plan as well depending on what happens with the grant.
Deputy Mayor Meloche pointed out that we have ball diamonds in various areas of Amherstburg, including out in Malden and McGregor. He wondered if some parks may be under utilized.
The CAO referred to parts of the of the plans to support sports tourism and other initiatives. Neighbourhood diamonds will still exist, but people are looking for the WOW factor with a Center of Excellence, such as the Libro Centre.
Councillor Courtney wanted a report with a projected time frame and estimate regarding the ball diamonds and the pool should we not get the grant money.
Councillor McArthur wondered if the fencing was removed for the skate park and if it was open. It seems that the skate park is open for use for residents. However, no more than 5 people can be there at one time, according to provincial orders due to the pandemic. Councillor McArthur wondered if the town would continue to have access to the track and skate park until the school starts construction. The CAO said the short answer is yes, we have access and insurance until construction starts.
Councillor Courtney’s motion carried to move the issue of the ball diamonds and pool back onto the unfinished business list.
Councillor Prue then went through almost every item on unfinished business to see when they would be coming back…..I won’t go through them all. It seems somewhat tedious. It looks like some deadlines haven’t been met exactly, but they’re coming at the next meeting or the second meeting in June.
Letters from the Fire Chief
Councillor Prue asked the Fire Chief if the formal letter had been sent out to the former and now disbanded volunteer group for Emergency preparedness. The Fire Chief said he had contacted the only recognized member of that group, a former councillor and has not been contacted in return for names for whom to provide the letter. The letter is ready, he just needs to know who to send it to.
How town hall is preparing for an eventual reopening
Deputy Mayor Meloche asked many questions about what was being done to prepare to reopen town hall and our other amenities.
CAO Miceli said that administration is looking at what can be done to reopen town hall, the Libro, the Gordon House and Public Works, all of the buildings used by town administration and accessible to the public. They are looking at what can be done to conduct business safely and to keep staff safe. They are looking at various physical improvements, such as areas where staff meet with the public and how things can be done differently. The CAO said that they have been looking at ways to do this. He pointed out that Council directed administration to close the buildings, therefore, council would need to direct administration when they want these buildings reopened. They are looking at cloth masks, physical barriers and other necessities and that they’re doing their due diligence. They are looking at costs ranging from $40,000 to $50,000 to make physical improvements that would be required. He felt that they could be ready some time in June, around June 12th, if they are given direction to re-open.
The CAO pointed out that there have been 33 staff laid off and that no summer students will be hired this summer. The operations at the arena are down, since there won’t be any ice installed. They are still unsure of requirements regarding cleaning and programming (for example, complete cleaning of a dressing room after a hockey practice) and the costs that could be involved. All expenses are being tracked as well.
Opening the streets
Councillor McArthur talked about working with the restaurants and to open the streets to allow for extended patios. He felt that the restaurants will be struggling since they won’t have as many tables and won’t be able to have as many seatings when restrictions are lifted. Councillor McArthur felt it was important to hatch a plan for patios and opening the streets. For now, he said he’s looking for local tourism, to make bold decisions for patios for this summer to help the businesses and let the people enjoy downtown. (oh my…..how I miss our downtown……every weekend, all summer long, that’s where you could find me…….fingers crossed that we can enjoy our beautiful downtown this summer, even if it’s in a different way). Councillor McArthur said that the Chamber of Commerce had put out a survey regarding street closures and opening the streets for patios. He wants to see how this can happen to allow people to enjoy downtown while still doing physical distancing.
CAO Miceli said that he had had a meeting last week and that administration is working with the restaurants and the Chamber of Commerce. The Chamber of Commerce is surveying their members regarding ways to help them. He said it would be up to council to decide to waive the fees for street closures and that administration is already looking at what they can bring to council. The Fire Chief will ensure that emergency vehicles are able to get downtown and keep things safe. The CAO said that administration will be meeting with the Chamber and are looking at various considerations. Councillor McArthur wondered about a time line and the CAO said it would be for the next meeting. Councillor McArthur felt it was important to support our businesses and show that we’re open for business. The CAO said that the next meeting there would be much more information ready for council to consider some possibilities.
The CAO said he was relying on the Chamber and the results of their survey to work together with the Economic Development Committee. He said it would be very important to have all parties working together.
Mayor DiCarlo said that the Chamber of Commerce had reached out this morning and that the CAO will be meeting with them in the near future to have something ready for the next meeting.
Some members of council seemed anxious to get something in place ASAP, but the Mayor pointed out that the provincial restrictions have not been lifted. He said that without further direction from the province, nothing can be done right now to enter into any type of agreement. He did say though that should a special meeting be necessary to expedite the process, that he would call one.
(Very refreshing and hopeful to see council wanting to help out our local businesses after these difficult times!)
Committee meetings
Councillor Simone asked about a task force and virtual meetings for the town’s committees. The Clerk said that some meetings have been organized for legislated committees (Committee of Adjustment and Drainage Board) and that a meeting for the Economic Development Committee is next on the list. The Clerk’s department is running short staffed at the moment and they’re doing their best.
Intersection of Texas Road and Second Concession
Councillor Simone also talked about the intersection of Texas Road and the Second Concession. She wondered if a 4-way stop sign should be installed there. It seems that they are county roads, therefore Mayor DiCarlo will contact the county regarding the intersection.
Intersection of Simcoe and Meloche Road
Councillor Simone also talked about the Simcoe / Meloche Road intersection since there was an accident there on Sunday. Ms Gioffu, Director Engineering and Public Works said an estimated costs for a street light was provided in the budget, however no direction was provided by council. (around $250,000). Councillor Simone asked if the item could be included again in next year’s budget. Councillor Courtney wondered about the possibility of a round about for this intersection and if a cost could also be provided to council for next year’s budget. The CAO said that a round about was included in the request for the Great Places, Great Spaces grant and that the cost was approximately $300,000. It was discussed that round abouts still have accidents but often there is less damage due to slower speeds. It was also discussed that the reason for many of the accidents is distracted driving. So it looks like a street light for that intersection will be in next year’s budget proposal, once again.
Wifi
There was much discussion about WiFi in the McGregor area and how the internet seems even slower during this pandemic. He wondered if there some way that people could have access to WiFi downtown. The CAO said they’re looking at proposals to get the best deal for the best price. The Mayor said downtown WiFi was part of the original plan with Bell with fibre. The proposals are starting to be received at town hall to provide internet access downtown. It seems a plan is still in the works regarding some type of internet access downtown.
Fishing at the Navy Yard Park
Councillor McArthur wondered about the silver bass season and the Kings Navy Yard Park. It seems there is a fence there since we can not afford to have people elbow to elbow fishing in the park during the pandemic. It seems that the fence will be staying put and that there is no fishing allowed at the Navy Yard Park for the moment, due to physical distancing requirements.
And finally, the meeting adjourned at 8:38 PM. I think tonight’s meeting made up for my night off two weeks ago LOL!
Phew! The meeting was fairly lengthy, but I guess that’s what happens when a meeting gets cancelled. I should have appreciated my night off a lot more two weeks ago LOL. This is a new and different experience of blogging for me……I wrote up some of the blog Monday night (the parts I could catch without my internet acting up). Then I listened to parts of the meeting from the video recording on Tuesday night to fill in the blanks so to speak……I am looking forward to sitting on my cushion in town hall someday soon again I hope. Weird thing to look forward to I guess eh? LOL
Have a great week Amherstburg! Stay safe, keep your distance from others and wash those hands often! See you in two weeks!
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