Monday September 28th Regular town council meeting

Well, here I am again, writing up the Monday night blog on Tuesday night…..that means the meeting was a long one. Again. This one finished shortly after 10:00 PM, which I guess is an improvement to the midnight finish two weeks ago? Anyway, overall, the first half of the meeting was quite positive and productive……the second half saw a slow and steady decline in both positivity and productivity……but here we go……I’ll try to do better than last time and be more brief. 🙂

DELEGATIONS

Crossing Guard Program – Katherine Meloche

Ms Meloche was the first delegate to address council Monday night. She was there to talk to them about crossing guard and busing issues for area school children. Her daughter is 6 years old and has lost her busing privileges and must cross the Simcoe Street and Victoria Street intersection without a crossing guard. Ms Meloche was asking council to help with changes regarding busing. She expressed that she had exhausted all avenues and had contacted the local MP, MPP, the school board, the trustee, the school etc. She felt that it was important to put safety first and fund a solution. She said that a lot of children had become ineligible for busing and that there are more walkers this year than last fall when the study was done. She said she felt that the blame lies with the government and student transportation services.

Councillor McArthur made a motion that a letter be sent to the student transportation services, the School Board and the Ministry of Education to revisit their decisions regarding busing boundaries. Councillor Prue said that the MPP should also be included in the communication. He said he had watched the opposition at Queen’s Park on their feet asking questions of the Ministry of Education. He made a friendly amendment to include the Premier and the Minister of Education in the correspondence.

There were a couple of small questions of the delegate for clarification and then this carried. The discussion stayed efficient and on topic.

Amherstburg Street Pass Program Proposal – Lauri Brouyette

Ms Brouyette was the next to address council. She explained that she is the owner of the Mariner’s Rescue B&B and also a Real Estate Investor. She expressed that she sees so much potential here in Amherstburg and has watched as we are expanding. She wanted to engage in selling the Amherstburg experience to bring it beyond a “summer town”. She explained that she hosts many people during the year but the bulk are here from June to September for the history, festivals, horticulture, restaurants etc. And when winter comes, there are crickets. Ms Brouyette felt it was important to continue Economic Development all year long. Due to COVID, there is currently a fear of travelling, with restrictions and cancellations happening. She felt that Open Air weekends has been a great attraction and has created a strong sense of community. (I agree 100%!) She felt that there is a need to keep the momentum going twelve months per year and she was asking for the support of the town. She said she was willing to do what it takes and has spoken to business owners. She was proposing an “Amherstburg Street Pass” Program, which could spark the cycle year round. From what I understand, people could purchase the card for $100 in order to get discounts at participating businesses. She was asking council for permission to use the town’s tourism logo. As well, she was asking the town to accept the proceeds from the program and to use the town’s social media marketing as well as the tourism office.

Deputy Mayor Meloche asked her if she had approached the Chamber of Commerce. Ms Brouyette said she had and that they had put the idea on their agenda for discussion. However, she wanted to roll up her sleeves and get the plan in motion. She referred to having attended a meeting some time back at the Beacon Ale House, where Councillors Prue and McArthur were in attendance. She explained that people at the meeting were just complaining about parking and the meeting was quite political. She wanted to be proactive and support the Tourism Department and the town. Deputy Mayor Meloche agreed with her but also explained that the town also has a certain bureaucracy in place and a political aspect as well.

Councillor Prue expressed interest in the idea and mentioned that most towns have BIA’s, yet the idea of a BIA in Amherstburg has fallen on deaf ears. Ms Brouyette’s idea would involve a signed agreement and Councillor Prue felt that she was trying to forge a partnership with the town. He wondered if a BIA would be the missing piece in this scenario.

Ms Brouyette said she had met with the CAO a year ago about her ideas. CAO Miceli went on to explain that he has had several meetings and speakers yet there is still resistance to a BIA in Amherstburg. He explained that BIAs are partners with the municipality. He felt that there is a general mindset that everything is the responsibility of the town and he felt that nobody would be successful with establishing a BIA in Amherstburg.

Councillor Courtney asked Ms Brouyette if she had liaised with the Tourism Department. She explained that she had but that they need direction from council in order to be able to work with her. Councillor Courtney said that we are still waiting for a hotel and that a lot is on hold at the moment and wondered what could be done to get us to the next level.

Councillor Prue said he had some difficulty with the town being involved in sales, the use of the logo and other items she was requesting and felt that the town would be liable. He went on to explain that when he lived in Toronto, he had purchased a $25 booklet but then the stores wouldn’t honour the coupons. He felt ripped off and never bought another booklet. Councillor Prue felt that he liked Ms Brouyette’s idea but that he wanted some legal advice about what happens if council gives her the logo to use, town staff and how to handle the money that comes back for beautification.

Councillor Renaud felt it was important to see if the Chamber would buy into the idea. He said he was also at the meeting about a possible BIA and that the businesses look at a BIA as another tax. He felt she should try to get the Chamber of Commerce involved.

Councillor Simone said she liked the idea and wondered if Ms Brouyette would come and present to the Economic Development Committee at their next meeting. She felt there were a lot of good ideas that could be hashed out.

Deputy Mayor Meloche talked about his experience living in Montreal and Quebec City where there were seasonal drops in tourism and economic changes.

Councillor McArthur also felt it was important to keep the momentum going all year and he felt that Ms Brouyette’s idea was a good one. He felt it had taken a marathon to get the logo and that the town should safeguard it and maintain responsibility for it and therefore not let it be used. He felt that the town couldn’t be the vehicle for her idea, that the Chamber could be the vehicle.

(In my notes it was 6:39 now……not too bad….)

Concillor Prue then made a motion to get a report from staff for the possibility of starting a BIA and also to get legal advice regarding the risks of entering into an agreement for this particular scenario (Street Pass Program with Ms Brouyette). Councillor Simone seconded it.

Deputy Mayor Meloche felt that administration had already done a good job exploring the BIA possibility in the past and wondered if this may waste administration’s time and efforts. He expressed that the town has been through the process a few times and that council seems to agree that the businesses won’t ante up for a BIA.

Councillor Courtney expressed his agreement with the Deputy Mayor. He felt that it was important to invest in our own and that everybody looks for a hand out. These initiatives cost money but he wondered about the return on investment. He felt that the business have to buy in on the idea of a BIA.

Councillor Prue felt he understood the history of this issue and the reluctance at having a BIA. But with Open Air weekends, the businesses were so happy. He pointed out that council has stepped up with that initiative and is now looking for the businesses to step up.

Ms Brouyette felt that many of the business owners are chefs or retailers and don’t understand a BIA and they tend to have a “every man for himself attitude”.

Councillor Courtney wondered if the Chamber of Commerce and a BIA were two different entities. The short answer was, yes they are very different entities. The CAO explained that for a BIA, there is a defined area where over 50% of the businesses agree to it. Then the town collects the money and it becomes a cost sharing venture with the municipality. For example, the current Open Air weekends initiative, the entire expense is being absorbed by the whole town, not the downtown. He commended Ms Brouyette for investing in Amherstburg and pointed out that the town has consistently stepped in and done more than required to help the businesses. He said that until today, no businesses had publicly thanked council for Open Air weekends. He again reiterated that the businesses see a BIA as an additional tax. He said he’d go back and try again if council wants him to but that the players haven’t changed, therefore the results will probably not change.

Councillor Courtney wondered if maybe the CAO could allude that the town has been too good to help them out and now it’s their turn. Councillor Prue felt that there are new people around town now. He cited the example of Mr Richard Peddie who has opened a new book shop downtown and has also spear headed the Amherstburg Community Foundation. He wondered if Mr Peddie may be able to lend a hand to establish a BIA. Councillor Prue then spoke about when he was the Mayor in the Toronto area that there were many BIA’s and they were successful. He felt it was important to give this one last try and hoped somebody will come forward.

Deputy Mayor Meloche said he’d support the motion as one last ditch effort.

Councillor McArthur said he wasn’t going to support it. He had also been to the public meetings. He said he would support sending a letter to the businesses. He also felt it was important to acknowledge the Chamber of Commerce since they are paying money for the music in the park during Open Air Weekends.

There was some discussion if the BIA portion of the motion would involve letters or phone calls and face to face meetings……It seems that the motion includes a report for the possibility of establishing a BIA and also legal advice for the town’s involvement with the Street Pass Program and the associated risks. Councillor Prue felt it shouldn’t be just a letter, that the CAO could call people and reach out if he wanted to try to garner some interest.

The motion carried although Councillor McArthur did vote in opposition. (It wasn’t a recorded vote, I just rewatched that portion of the meeting LOL.)

And I sure hope that this council will simply listen to the legal advice given and follow it……the previous council seemed to have difficulty following legal advice……

There was another delegation that I am guessing was maybe added on a supplementary agenda.

Safe Walking Paths – Melissa Hinch

Ms Hinch had addressed council at the last meeting and was back again this week since the report was on the agenda. She explained that she had attached a letter from the Deputy Mayor of Essex for council. She expressed that she could understand before COVID that crossing guards were not always necessary but now with the busing changes, there are more walkers. She also said she had spoken to the trustee and he had explained that safe walkways are not the board’s responsibility. Ms Hinch said she’d been unable to speak with anyone at Diageo. She expressed her concern for the sidewalk on Sandwich street and that it is very close to the road.

Councillor Courtney said that they had received a lot of letters and there had been a lot of finger pointing. He felt that these are unprecedented times. He explained that he walked his kids to school and he said it’s impossible to stop people from running red lights. He felt that we nurture our own kids a lot longer than we were nurtured. (And I think I cheered out loud at home when I heard that!!! I also believe that that is often the case…..my generation tends to “overparent” on many issues…..so yes, we do nurture our kids longer than we were nurtured.…) Councillor Courtney pointed out that there is a VIP program for grade 6 students and that grade 8 students can get community hours to help with crossings. He wondered if this idea had been pursued with the Parent Advisory Committees of the local schools. He felt it would simply involve the cost of a sign and a vest. He explained that council is handcuffed, since the decision had been made and that council had met their responsibility. He advised Ms Hinch to go back to the PAC and see if any in-house programs could be set up to help with street crossings. (And yes, for the record, I agreed entirely with this idea.)

Ms Hinch explained that due to COVID, the school was establishing cohorts so she wasn’t sure if the students could intermingle.

Councillor McArthur then referred to a letter (not sure who wrote it?). He said he thought the busing cuts were due to COVID but the letter says that the town put in safe infrastructure and that’s why there were changes to bused kids vs walkers. The CAO said that he couldn’t explain that comment in the letter. Councillor McArthur felt they were kicking kids off the bus and that he didn’t like the letter.

Mayor DiCarlo said that legally a municipality is not obligated to provide crossing guards and that ultimately it is the school board’s responsibility that kids get to school safely. He felt that this was all being dumped on residents and that the town is doing all that they can. He again expressed concerned with availability of crossing guards. He felt that the school board keeps trying to pass the responsibility down and that the infrastructure has not changed.

There was much discussion about a policy change at the school board that seems to be affecting the decision. Ms Hinch was advised to call the CAO on Tuesday and he would help her with what questions to ask regarding the policy change.

(In my notes it was now 7:16….)

There was more back and forth and then Councillor McArthur made a motion to look at installing red light traffic cameras and having the costing ready for budget deliberations. He mentioned the protest held this past weekend on the corner of Pickering and Sandwich where some seniors were protesting speeding cars in the area. There was talk about the cross walk timing not being long enough. (At this point, a challenge of watching the meeting at home was happening……literally right in front of my eyes…..my cat decided she wanted some attention and was climbing all over me and rubbing her face against my pen…….so, making out my notes here is pretty difficult LOL)

Deputy Mayor Meloche felt that he wouldn’t support this. He felt that council can’t control traffic violators. He also pointed out that on Saturday, the protestors were blocking parts of the sidewalk and this was forcing people to walk on the shoulder.

Councillor Prue said that he’d support it and that timing the lights is easy enough to do. He felt an extra 5 seconds could make a difference.

Ms Gioffu, Director of Engineering and Public Works explained that all of the lights are on a loop and that more time is given if the pedestrian actually hits the button for the cross walk. It seems there is 15 seconds if the button is not used, but 25 seconds if the button is used.

It started to get complicated. So, they voted on the red light cameras portion and that carried.

Then Councillor McArthur had a motion about adding time to the cross walks and adding signage about using the buttons. That carried too.

At this point it was 7:45 and council took a 5 minute recess.

Property Tax Rate Reduction – Amherstburg Affordable Housing Development 182 Pickering Drive (Roll 3729 090 000 07100)

This appears to be a housekeeping item regarding an affordable housing unit on Pickering Drive. The bylaw would receive all 3 readings in one night, as per usual past practice. (Funny how all 3 readings happen for everything, except development, i.e. greenhouses…..council seems to think it’s okay to only do 2 readings for development and tie people up waiting for the third reading……)

There were a few brief questions and then this passed. All 3 readings at once.

Lemay-Cookson Pumpworks and Lemay-Cookson Branch Drain

This looks to be some drain work in the area of Sari Lane. It seems an engineer was hired in 2018 to study the area and offer solutions. From the report, here is the breakdown of costs :

County of Essex $ 21,444
Town of Amherstburg $ 296,027
Landowners (private – non-agricultural lands) $ 74,529
Total Estimated Project Cost (incl. net HST) $ 392,000

Long story short, I am really trying to summarize this as tightly as possible. If you are truly interested in listening to the one hour debate about this drain, please refer to the video of the meeting.

Basically, this drain involves 8 properties. It seems that a landowner had requested a drainage improvement due to flooding. Council wasn’t too keen on spending the money to fix this drain. This item went back and forth. An engineer presented his solution to the drain problem to the Drainage Board. The Drainage Board voted to support this solution to replace the drain (one member voted against the solution.) (In my notes it was 8:17 around now.) The town’s portion to pay is about protecting it’s asset, the roadway.

Mayor DiCarlo pointed out that the previous council had created a drainage board to make drainage decisions. Council at the time was advised they were relinquishing their power to the board. The Mayor wondered even if council were to turn down the Board’s decision, what were the odds of winning at a tribunal? Administration said that decisions can be challenged and that ratepayers have a right to drainage.

The discussion continued and it was now 8:44. (Drainage discussions aren’t generally super interesting, at least to me.) More discussion, then it was 9:00 and still no decision or motion……

Council had a lot of questions, however the engineer had made his presentation to the Drainage Board, the deciding body in this situation. Someone from administration, his name is Shane, not sure of his title, did his best to present the report to council, but he was not the engineer that provided the recommended solution. Basically, council couldn’t leave this decision in limbo forever. They either had to appeal it, and then pay for another engineer to provide an alternate solution, or they had to approve it. Ultimately, it would cost more money. It seems that council didn’t dispute the need for the work, they didn’t seem to want to pay the cost for the work. Mayor DiCarlo even quoted from the 2016 report when the Drainage Board was created that council should refrain from appealing any Drainage Board decision and accept them as final.

At some point during the discussion, somebody had moved the recommendation to repair the drain with the following cost breakdown:

County of Essex $ 21,444
Town of Amherstburg $ 296,027
Landowners (private – non-agricultural lands) $ 74,529
Total Estimated Project Cost (incl. net HST) $ 392,000

Ultimately, administration was also recommending that council pre-commit $297,000 in the 2021 budget to fund the town’s portion of the work.

It was not a recorded vote, but it was a split 3-3 vote.

In favour : Deputy Mayor Meloche, Councillors Simone and Courtney

Opposed : Councillors Prue, Renaud and McArthur

Mayor DiCarlo broke the tie and voted in favour. He explained that he voted this way because his experience has shown whenever they’ve questioned reports from engineers, it has only increased the costs to the land owners, increased costs to the tax payers and the project has always proceeded anyway.

Bridge 3008 – Project Update – Additional Funding Required

This report is regarding the bridge on the Second Concession.

Here is the recommendation :

An over-expenditure not to exceed $410,897, including a $125,000 contingency allowance and net HST, for Bridge 3008 – Long Marsh Drain at Concession 2 North for a total project cost not to exceed $1,593,497 including net HST, BE APPROVED.

The project was tendered in 2017 as a design build. There was some back and forth about the costs and then Councillor McArthur asked who the concrete supplier was that ” tried to jack us 35%.” The person from administration didn’t want to name the company. Councillor McArthur went on to say that someone tried to “jack” the Amherstburg taxpayers 35% that caused us to switch to steel beams and that they are going to cost us $80,000. He felt we shouldn’t ever do business with the concrete supplier again. Councillor McArthur said that the report said that administration felt we had been dealt with unjustly. The CAO explained the proponent is a subcontractor and it was based on market conditions. Councillor McArthur actually cut off the CAO while he was speaking and said it wasn’t economics since the report said we had been treated unjustly or unfairly. Councillor McArthur asked to have the report projected and Councillor Prue said it was on page 187. Councillor McArthur asked the CAO if he was backtracking on the statement of being treated unfairly or unjustly.

(Editor’s side note : I rewatched this portion of the meeting to try to get this as accurately as possible. I also tried to find the original agenda to find the paragraph in question, however, the document for the agenda link isn’t working at the moment……ugh!)

The CAO said that market conditions prevail and other costs have increased. CAO Miceli said his comments are not based on one word in the report. Councillor McArthur asked the CAO if he had signed off on the report, which, yes he did. Then Councillor McArthur went on to grill the CAO with more questions. Councillor McArthur felt that the explanation of market condition changes was a radical departure from the town being treated unjustly. The CAO said that one word does not change a position of market conditions. Councillor McArthur wondered if the town is using this concrete supplier for any other projects and the answer was no. Then Councillor McArthur wondered if any contractors doing projects for the town were using them as a subcontractor. Administration didn’t think so but couldn’t be sure. Again, Councillor McArthur asked who the subcontractor was that tried to “jack the Amherstburg taxpayers 35%”. The CAO said he wasn’t sure who the contractor was.

Councillor Prue then spoke and read the paragraph in question. (Since I don’t have the exact agenda in front of me, I have to paraphrase.) It seems that the contractor took the opportunity to raise the price 35% even though the materials required were being reduced 11%. After some discussion, it was a 25% increase and administration felt it was “unjust” and then decided to go with another option. Councillor Prue did not want to ever use this supplier again.

Ms Giofu, Director of Engineering spoke and said as they were going through the steps and saw the need for reduced materials, they felt it should be a reduction in cost. It was fiscally prudent to try to look for other options. She explained that they were not privy to any COVID issues that may have been affecting the contractor or it’s employees or other pressures at the time. Administration just felt that it should not have been an increase. There were market conditions and labour conditions at play to which administration was not privy and those things can affect prices.

The Mayor pointed out that the town doesn’t use this particular contractor, they were a subcontractor to the original contractor.

Councillor Prue felt that we shouldn’t ever use this provider again. The CAO mentioned, what would happen should this contractor be the lowest bid, how is that protecting the taxpayer? Councillor Prue felt it would be okay to use the second lowest bid. The Mayor pointed out that it would have to made clear to the taxpayers that costs could go up if using higher bids.

Councillor McArthur spoke again and seemed to feel that administration was afraid to name the company and he felt that the taxpayers should know the name of the company. The CAO felt the way that Councillor McArthur had said that they “jacked” the price, that he did not want to put council in that situation, by naming the contractor. The Mayor agreed. Councillor McArthur pressed on that the report said that we were treated “unjustly” and now they’re saying it was market conditions that dictated the situation. The CAO said that the report was the opinion of public works (that we were treated unjustly). The Mayor also spoke and said that if council doesn’t want to use the contractor again, that’s fine, but that Ms Giofu had pointed out that there was a lot going on with COVID, which had an affect on the market. Mayor DiCarlo felt that considering the comments that were made that he’d be very concerned about the liability of now naming the contractor, considering the insinuations and allegations that have been made. Councillor McArthur felt he hadn’t made any allegations, he felt he had read from a report in a public meeting. The CAO pointed out that Councillor McArthur made the statement “jacked” around, which is a pretty serious statement when dealing with a business or a businesses reputation. The CAO pointed out that his job is to protect council. The CAO felt that if council felt that wasn’t his job, then to tell him. He felt that those types of comments coming from a councillor’s mouth in a public meeting would have some significant consequences.

Councillor McArthur felt that this meeting had gone on too long already. Councillor McArthur went on to explain that he didn’t feel that saying that the subcontractor “jacked” the town was a radical departure from the report saying we were treated “unjustly”. He felt it means the same thing.

(Now I am going to editorialize. I was very taken aback Monday night as I listened to this portion of the meeting live. I went back and listened once again to this part of the meeting when I wrote this blog. I feel that Councillor McArthur was way out of line. I do think his comments were unfair and naming the company would have simply served to “name and shame”. A council should not be naming and shaming any one or any business. I think members of council need to be very careful about their choice of words and I do not feel that saying someone was treated “unjustly” and someone being “jacked” is even close to the same thing. As a taxpayer, I am not interested in paying for lawyer’s bills because members of council not only say the wrong thing, yet belabour it and push it……that was a very slippery slope….that entire discussion was a very slippery slope. )

There was some more discussion after this, not much, and ultimately council approved the recommendation for the over expenditure.

Kingsbridge Subdivision Phase 10 Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment

This item passed without any discussion.

Mosaic Art Installation – Privy Building 242 Dalhousie Street

This was an information report only about a program to create a mosaic art mural at 242 Dalhousie Street. This looks to be the building in the Navy Yard Park, on the wall that faces towards the parking lot. Looks and sounds like it will be really nice when it’s finished! Great idea!

There were many positive comments from council about this.

New Business

(side note……got a low battery notice on my phone while I was watching the meeting Monday night…..this time, I plugged it in so it wouldn’t die on me like the last meeting……but seriously……two meetings in a row, low battery notice……I think that means the meetings are dragging on…..meetings that drag on are inefficient and generally unproductive…..in my opinion…...)

Councillor McArthur asked about the skate park and what would be going on regarding relocating it.

Mr Roberts, Director of Parks, Recreation and Culture spoke. He explained that it will probably be dismantled in about 3 or 4 weeks time. It will be going to storage for some minor repairs. There will be something included in budget deliberations about moving it and possibly changing the lay out. At the moment, everything points to the Libro Centre for it’s new location.

Councillor McArthur made a motion for the skate park item to come to budget with options, such as the Libro Centre, St. Bernard’s or Purdie Park as possible relocation options.

The motion carried. It was 9:53 PM.

There was a motion made to extend the meeting to 10:30 PM.

Councillor Prue made a motion for a report from staff regarding a public art dedication fund. This carried.

There were a few more items discussion and shortly after 10:00, council went in-camera to discuss :

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following this Regular Council Meeting pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reason:
Item A – Section 239(2)(f) – Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Overall, the first half of the meeting, with the delegations was quite positive. The second half, well……less so. But I did notice Councillor Courtney (twice I think) mention to members of administration that he appreciated them taking his call and talking to him about certain issues. That was refreshing to hear that it was handled ahead of time, before the meeting. Kudos to him!

So, again, thank you to my loyal readers for making it through yet another long blog……I guess it’s all relative……long meeting, long blog I guess?

Have a great week Amherstburg!

In preparation for Monday September 28th Regular Town council meeting

Monday night’s agenda is only 313 pages. In Amherstburg town council time that should be about 4.5 hours of theatrics for some on town council on Monday night LOL. We’ll see, but that’s the way things are trending. Here are the highlights as I see ’em:

DELEGATIONS

Crossing Guard Program – Katherine Meloche

It looks like Ms Meloche will be addressing council to see if they can help with student transportation. It looks like she’s hoping council can write a letter to help change the age limits and the boundaries for busing since there is a lack of crossing guards. She seems to be seeking solutions from council to find ways to get the kids to school safely. We’ll have to wait and see what council has to say and if they have any possible solutions to offer.

Amherstburg Street Pass Program Proposal – Lauri Brouyette

It looks like Ms Brouyette is looking to start a new program in Amherstburg called the “Amherstburg Street Pass Program”. From what I can gather from the delegation form, it appears that she’s asking for permission to use the town’s tourism logo. She seems to be hoping that the town will accept the proceeds from the program, as well as allow use of the town’s social media marketing and the use of the tourism office. It appears that a person can purchase a Street Pass card to get discounts at various businesses in town. I’ll have to listen Monday night to get the details. I am guessing that council will discuss this at length LOL. We’ll see.

Property Tax Rate Reduction – Amherstburg Affordable Housing Development 182 Pickering Drive (Roll 3729 090 000 07100)

This appears to be a housekeeping item regarding an affordable housing unit on Pickering Drive. The bylaw would receive all 3 readings in one night, as per usual past practice. (Funny how all 3 readings happen for everything, except development, i.e. greenhouses…..council seems to think it’s okay to only do 2 readings for development and tie people up waiting for the third reading……) Anyway, this part of the report sums it up well :

“Though the owner of the referenced property entered into a municipal facility funding agreement for affordable housing with the City of Windsor in 2016, to date a Town Bylaw has not been passed for the property at 182 Pickering Drive. As such, By-law 2020-053 is a housekeeping matter and will provide Administration with the authorization needed to process property tax adjustments for that property in accordance with the applicable affordable housing program, subject to the property owner providing
documentation to demonstrate ongoing compliance with their affordable housing agreement with the City.”

Lemay-Cookson Pumpworks and Lemay-Cookson Branch Drain

This looks to be some drain work in the area of Sari Lane. It seems an engineer was hired in 2018 to study the area and offer solutions. From the report, here is the breakdown of costs :

County of Essex $ 21,444
Town of Amherstburg $ 296,027
Landowners (private – non-agricultural lands) $ 74,529
Total Estimated Project Cost (incl. net HST) $ 392,000

The report goes on to outline the study that was done and the existing laws regarding necessary improvements and possible appeals. Ultimately, administration is recommending that council pre-commit $297,000 in the 2021 budget to fund the town’s portion of the work.

Bridge 3008 – Project Update – Additional Funding Required

This report is regarding the bridge on the Second Concession. There are pictures included to show problems that were found once demolition began. As well, this part of the discussion portion of the report shows some of the other issues encountered :

“Since the agreement with Front Construction (the Contractor) was approved by Council in 2017 this project has experienced a number of hurdles that have caused delays to the project. Immediately after award, Administration was required by the Ministry of Heritage, Sport, Tourism and Culture (MTCS) to complete a number of heritage reports. This included
the required Cultural Heritage Evaluation Report and subsequent Heritage Documentation Report. Once the project was cleared to do so by the MTCS it moved forward with the next step being environmental clearances.”

The report is lengthy with details of the work required, but long story short, the project is going to cost some extra money.

Here is the recommendation :

An over-expenditure not to exceed $410,897, including a $125,000 contingency allowance and net HST, for Bridge 3008 – Long Marsh Drain at Concession 2 North for a total project cost not to exceed $1,59,497 including net HST, BE APPROVED.

Kingsbridge Subdivision Phase 10 Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment

This is a report about the Kingsbridge Subdivision development. It looks like this is some more approvals necessary for the development. It’s a very lengthy report. There appears to be some residents opposed to the continuation of the development since there is not a third exit for the subdivision. It also appears that all is in place and ready to go for the development to proceed….

Mosaic Art Installation – Privy Building 242 Dalhousie Street

This is an information report only about a program to create a mosaic art mural at 242 Dalhousie Street. This looks to be the building in the Navy Yard Park, on the wall that faces towards the parking lot. Looks and sounds like it will be really nice when it’s finished! Great idea!

And finally, council will go off to meet behind closed doors, again, to discuss:

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following this Regular Council Meeting pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reason:
Item A – Section 239(2)(f) – Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

And to you, my loyal readers, should Monday night’s meeting be another example of pontificating that goes late into the night, I’ll be back Tuesday night with my recap of the meeting. Who wants to bet if I’ll be back Monday night or Tuesday night? LOL! Have a great weekend Amherstburg! Enjoy the open air streets if you can! It’s supposed to be a beautiful weekend. 🙂

Monday September 14th Regular Town Council Meeting

Well, here I am…..writing up the blog for Monday night’s meeting on Tuesday evening…….why you ask? Internet problems? Nope. Lack of motivation? Nope. Unforeseen emergency situation? Nope. The reason you wonder? It’s because the meeting was STILL going on at 11:15 PM and my phone died. Seriously. For all I know, they may STILL be there! To me, last night’s meeting was an epic display of a complete lack of efficiency, vision and preparedness. There were questions that were asked that the answers were in the reports……you know, those reports that the members of council are supposed to read (and understand) before the meeting. I also think there was some grandstanding. There were discussions about things that are out of a municipalities jurisdiction. (Although this part should not surprise me, since they held up the greenhouse development when they had questions about provincial matters, such as the labour code and the building code……) But I digress. I am going to give you a summary and will do my best to keep it brief, for my own sanity and for my poor fingers that are typing away……Although it’s hard to be really short and brief about a meeting that was the polar opposite.

Council had a planning meeting at 4:30 yesterday and the regular meeting was supposed to start at 6:00. I hooked into the live feed close to 6:15 and the meeting had just begun. Council and administration were all in chambers, so it looks like they are meeting “live” again. I sat on my couch all night watching and listening from the comfort of my own home.

The Mayor, as always, asked for disclosure of pecuniary interest at the beginning of every meeting. Councillor Courtney said he had spoken to the Integrity Commissioner about the items about the arena since he is a hockey player, however his group is not playing this year so he did not have a pecuniary interest. Councillor Renaud declared a pecuniary interest (regarding the arena) since the Integrity Commissioner had advised him to do so since he is the president of the Amherstburg Minor Hockey Association. Councillor McArthur said he did not have a pecuniary interest but that his daughter had taken skating lessons and likely will again.

DELEGATIONS
Request for Crossing Guards and Safe Travel Paths – Melissa Hinch

Ms Hinch addressed council. She explained that her children attend Stella Marris school and that they now have to walk to school due to the pandemic. It seems that the bus company has extended the perimeter area for bus rider eligibility and that her children must now walk and she is concerned about their safety. She talked about the area on Sandwich Street between William and St. Arnaud, where the sidewalk slopes toward the road. She was also concerned about their safety crossing Alma Street. She named a few intersections of concern (I did not catch them) and requested something be done to improve the safety of those intersections. As well, she requested that council improve the infrastructure on Sandwich and also mentioned that that area is not a school zone and that is a community safety concern.

Mayor DiCarlo spoke and said he had been answering questions all week. He wondered if Ms Hinch had contacted the School Board. Her answer was yes. The Mayor mentioned that some of the issues are outside of the municipality’s jurisdiction. Crossing guards ARE within the municipality’s jurisdiction however, there is a big problem finding applicants and there are some crossing guards that have attendance issues. It seems that already this year a crossing guard didn’t show up to cross the students. Mayor DiCarlo mentioned that many of the roads Ms Hinch mentioned are county roads and that the town could communicate with the county to see what could be done, but ultimately the roads belong to the county. The Mayor also explained that the buses are hired by the Board of Education, who report to the province, and therefore are out of municipal jurisdiction. He sympathized with her concerns.

Councillor McArthur wondered why, last year, Ms Hinch’s children were able to take the bus yet are unable to this year. Mayor DiCarlo said that with the distancing requirements, there are fewer kids allowed on the bus and that the funding has been downloaded. Ms Hinch said the changes are all due to the pandemic and the bus company won’t speak to her.

Deputy Mayor Meloche sympathized with her plight as well. He mentioned the other issues of lack of bus drivers and the mounting pressure. He wondered about looking into a pedestrian crossing, with green stakes, like they have in LaSalle. Administration said that they could look into that if that is what council desires. Deputy Mayor Meloche and Ms Hinch felt that this would slow traffic.

The Clerk clarified that there had been a report regarding crossing guards and the difficulties the town faced with maintaining crossing guards. It seems that the town worked to provide education to users and the School Board. As well, they worked with Windsor Police Service to advertise a program for grade 7 and 8 students for bus and foot patrols. It seems that ads have been placed in the River Town Times and on social media. Staff Sargeant Chenney spoke that she is waiting for direction to get into schools to rally the teachers and students for these positions.

Councillor Prue said that he supported these ideas and pointed out that there are 4 school boards available and that parents can change their children schools (therefore boards) as an option to be able to easier get them to school.

Mayor DiCarlo asked Ms Hinch if she had contacted the local trustee. She explained that she had tried to contact the superintendent but nothing was done. She said the conversation with the bus company was confrontational. However, she had spoken to the principal who is on board with getting a safe walking path. Mayor DiCarlo asked her to reach out to the trustee as well.

Deputy Mayor Meloche wondered how much surplus money there was in the budget due to the cuts in crossing guards and it seems it’s about $60,000. He then made a motion to use the money to look at cross walks, with green stakes on Alma Street. The Clerk mentioned that there were other areas being looked at already. There was some back and forth and then it was mentioned about other schools also needing consideration. The Clerk made mention of a motion that administration be directed to look at cross walks at all schools for safe travels. (I think this may have been part of the original July recommendations due to lack of crossing guards?) There was much back and forth during that portion of the meeting about multiple areas and the broad scope of this work with no traffic engineers on staff.

Councillor McArthur said he was in favour of traffic calming measures however, felt it was necessary to look at all areas and needed a fulsome response to everyone.

CAO Miceli ponted out that the modification of the bus routes is temporary (due to the pandemic) and that this could prove to be a temporary investment to create a temporary solution to a temporary problem. He expressed his frustration that there has not been any dialogue with the school boards. He explained that the boards get more funding than the municipalities and yet this parent was told to find a solution with the municipality. The CAO said he was responsible to advise council and he cautioned council about entering the relm of provincial funding and that $60,000 is not a lot of money.

Councillor Prue felt that every school would want to be part of the $60,000. He had a problem with the motion and preferred that it would be better to send it to staff to find a way to solve the situation and that it may be to hire grade 8 students. He made a motion to refer the situation to staff in two weeks.

(I learned something new here…..some members of council wanted to speak and the Mayor and Clerk were checking the rules of order…..once a motion is made to refer (like when a motion is made to defer), there is no discussion allowed. So, that ended the discussion and the motion passed. The issue has been referred to staff and will come back to council I think at the next meeting.

Mayor DiCarlo encouraged Ms Hinch to follow up with the school board, the Ministry of Education and even the Prime Minister, since busing situations are being downloaded onto the municipality.

Clarification of By-law – Jon Parks, J.M. Parks Farms Ltd.

The Clerk explained that Mr Parks had cancelled Monday’s delegation and may come at a later date.

Timeline for Ice at the Libro Centre – Wes Ewer, AMHA, Admirals and BCHL

Safe Re-Opening of Libro Centre for User Groups

These two items were combined since they were related issues. Councillor Renaud declared a conflict of pecuniary interest and did not participate in the discussion. Before I begin, the debate about the arena went on for over two hours……TWO HOURS……this will be a very condensed version of a debate that went around and around and around…….

Mr Ewer addressed council. He expressed that overall he supported the recommendations to open one ice pad and the mini ice pad as well as the October 1st target date. He expressed his thanks for revising the time line to get ice in sooner. He asked several questions of council but seemed mainly concerned with a section that stated that if a third party shuts down the Libro Centre, the users would be on the hook for that months rentals.

I went and reread the report and I believe it is this section that was of concern to Mr Ewer and that started a very lengthy debate :

“It should be noted that if Council were to move forward with opening the ice surfaces, it will come with financial risk that will rest with the municipality. To mitigate this, Council could consider a guaranteed financial commitment from the user groups to limit the exposure to ratepayers. Therefore, should Council agree to open the ice surfaces, user groups should be required to book and pay hours for a minimum one month intervals of ice rentals.”

CAO Miceli said that that language was added to protect the town. He explained that the town doesn’t have options to mitigate the financial risk since once the arena goes live, the costs of utilities start immediately. The costs versus revenues received do not cover the costs of the Libro Centre and the production of ice is very expensive. The CAO also expressed concern that the enhanced cleaning protocols were the towns’ responsibility and it has been suggested by the Premier that areas could go back to Phase 2. The CAO said that the town is acting like a landlord and have provided exceptional customer service to the Admirals and other user groups.

There was a lot of back and forth between Mr Ewer and the CAO. Mr Ewer was concerned about having to give money back to parents if the services couldn’t be provided. The CAO said he wanted to return to normalcy but that he has to advise council and the ratepayers of the increase in costs to reopen the arena. Mr Ewer pointed out that Amherstburg is the only community in the area without ice at the moment.

Ms Lynn Fox, President of Skate Amherstburg also addressed council. She agreed the members were ready to get back on the ice but was also concerned of downloading the costs to the parents should the arena be shut down.

Councillor McArthur then made a motion to open the ice for October 1st. Mr Roberts then corrected that the guaranteed date was October 4th. There was some discussion but people weren’t at the microphones so it was difficult to hear. (At this point, my cat wanted my attention……she was climbing all over me and getting under my notebook and pushing her head against the coils……if any of my readers are cat owners, you know how they are when they decide they want attention……so I took a short break to pet the cat until she decided to lay down quietly beside me…….then I went back to taking notes…..without my notebook moving around LOL)

Councillor Prue was talking about a section of the report that mentioned budgetary pressure of $600,000 to $800,000. From the report :

“The estimated 2021 financial impacts of re-opening municipal facilities for public use during the pandemic will be reflected in the draft 2021 Budget. However it should be noted that operating under this model will add significant budget pressures. From an order of magnitude perspective Council may face additional budgetary pressures that range from $600,000-$800,000 for 2021 if the decision to move forward with this operating model remains consistent.”

Councillor Prue was concerned that the arena would be losing an extra $60,00 or $70,000 or $80,000 per month now in this situation. The CAO explained that all of the cleaning protocols would be increasing the loss of revenue. Councillor Prue felt that the arena loses $150,000 per month now and could go as high as $250,000 per month which is roughly equivalent to a 1% tax increase. He then said he would not second Councillor McArthur’s motion.

The Treasurer pointed out that $220,000 is 1% in regards to taxes. There was still no seconder for the motion.

Councillor McArthur then spoke. He gave kudos to administration for being straight up about the information. He felt that there is a cost to community building, that there is a sense of normalcy needed and a cost for it. He felt that this was a little bit of optimism for the kids and that it would be a cost of about $245,000 for the rest of the year. He again stated that there is a cost to community building and that they have to vote for it and believe in hockey and believe in Amherstburg.

Councillor Simone then seconded the motion.

Councillor Courtney then had a lengthy discussion with Mr Roberts, Director of Parks and Recration and Culture about how the ice is made……there was talk about how the arena was built, the coolers, the design…….it dragged on. Councillor Courtney felt it was a terrible system. (I always kind of enjoy comments like that……perhaps he should go back to school and design an arena more efficiently himself? Just a thought..…) Councillor Courtney then went on to say that he thinks a second wave is coming but that this is a cost of doing business.

(Side note…..my battery on my phone was getting low, so I plugged it in for a while……a little foreshadowing here…..)

There was more discussion between Mr Ewer and the CAO regarding having to pay for the ice for the month should the arena be shut down. Mr Ewer used the example should the arena be shut down on the 29th, it’s of no matter, but if the arena were to be shut down on the 2nd, there would need to be dialogue. The CAO pointed out that the situation is very fluid, administration has been in dialogue with the users for 6 years and that should the arena be shut down for 2 or 3 weeks, that they will not pull out the ice.

Councillor Courtney felt that something is coming (i.e. a second wave of COVID) but that the families have made it clear that they want the facility. Councillor Courtney wondered how much extra staff would be required and wondered if volunteers could be used to mitigate hiring staff. The CAO pointed out that the town is a fully unionized environment. Mayor DiCarlo pointed out that beyond the union issue, that the liability falls squarely on the municipality. (I just sat there……dumb founded….watching my cat sleep…….volunteers to clean the arena……really? Where will enough volunteers be found to work full time as a volunteer to clean the arena? They’d need training too which costs money……and ultimately, this is is big expenditure, and now we’re trying to pinch pennies? I just don’t get it……)

There was more back and forth about the costs. The CAO explained that everything if very fluid right now. The town has a facility and people want to use it. He wondered what are we willing to pay to use it? He said he was looking at the big picture……the upcoming budget with no confirmed OCIF funding, which is usually $1.8 Million and this could be an extra $245,000 per month for October, November and December this year. He said he could go on and on about the upcoming issues.

Councillor McArthur said that the CAO sees the big picture but that he see little faces. 🙂

Councillor Prue then spoke. He felt it was important to be careful with taxpayers money and that it was a difficult decision. He was of the firm view that there will be a second wave and felt that if council were going to set it all up for operation and a bad thing happens, then it was money spent for nothing. He felt that if the user groups were willing to pick up the costs monthly then he’d be willing to give it a try.

Mr Ewer pointed out that the members are also taxpayers. Then there was more back and forth about the pickle ball courts. (I noted in my notebook it was 8:26 PM).

Deputy Mayor Meloche felt it was a tough situation and he understood Mr Ewer’s concerns. Deputy Mayor Meloche said he had sat there at budget time and proposed to put $250,000 into reserves – about a 1% tax increase – and council turned it down. He felt that council didn’t want to burden the taxpayer then (to put money in reserves) but want to do it now (and have the taxpayer subsidize the arena users). (Pretty good point there Deputy Mayor! Kudos to you. It was all about the 0.6% tax increase last year for council…….and that low increase has come back to haunt them so many times in the past 10 months..….)

The discussion dragged on. Councillor Simone spoke and said she had seconded the motion for discussion. She felt it was an important issue and is not trying to burden the taxpayers but trying to help children. She said she agreed with opening the ice but felt the user groups need to pay.

The back and forth continued. Councillor McArthur wanted to leave the motion as is…..he felt it was a maximum of $43,000 shared by 22,000 people or else would be shared by 400 families. He wanted to see the ice installed and wants to live in a community that all 22,000 people would help pay and show support for the arena. He felt this was a cost of community building, to come together and put down the ice.

Councillor Courtney felt that they have to give it a go and thinks it will be a wash and it won’t affect the taxpayers.

(In my notes here I wrote….I have a headache. This has been going on forever.) Just sharing my feelings with all of you, that’s all.

Councillor Simone then removed her second to the motion. (I’m not sure who then seconded it but it went to a recorded vote).

The motion to reopen the ice for October 4th was on the floor :
Support : Councillor Courtney, Councillor McArthur and Mayor DiCarlo

Opposed : Deputy Mayor Meloche, Councillor Prue and Councillor Simone.

Councillor Renaud had declared a conflict, so the motion failed since it was tied 3 – 3. Mayor DiCarlo explained that he voted in favour since the children need some normalcy and also that the entire population should pay towards the cost.

(I’m going to briefly interject here…….I agree with Councillor McArthur and Councillor Courtney and the Mayor on this vote……the Libro is a community asset……everybody should pay a little to help out everyone for the greater good…..that’s my general philosophy anyway……there are many facilities or services in town that I don’t personally use but I have no problem paying into the pot for others to use them and enjoy them.)

So, then Councillor Prue made a motion to put ice in for October 4th contingent of the user groups providing the costs. He felt that the user groups should share. Deputy Mayor Meloche seconded it. He felt he wants to work with the groups but he felt that the burden of the $245,000 shouldn’t be on all of the taxpayers.

(We were probably somewhere around the 2 hour mark of this debate….I had filled up my notebook……but luckily I was at home, so I just went and grabbed another one and kept on going, like the Energizer Bunny I guess. I’m prepared like that. I always have an extra of pretty much everything. And yes, I was like that long before the pandemic. I think it’s genetic.)

There was a lot of back and forth. Mr Ewer felt that if the area is put back to stage 2 that they’d be done. The CAO felt that the user groups were asking the town put the ice in but also felt that everyone has to have skin in the game. He explained that there is a big cost to get the ice in and that if something happens before October 4th to shut down the areana, then the town eats the costs (it’s a lengthy process to put the ice in).

There was some back and forth and arguing. Then Deputy Mayor Meloche pointed out that the motion could always be reconsidered at a later date, depending what happens. Councillor Prue accepted that as a friendly amendment to his motion.

There was some back and forth between Councillor Prue and Councillor McArthur about who would pay and the various circumstances. Basically, to me, it seems like the motion was make the parents pay but they can come and ask for help later…….

Then Councillor Prue’s motion went to a recorded vote and passed unanimously (minus Councillor Renaud – conflict of interest). BUT I think the only reasons that Councillors McArthur, Simone and the Mayor voted for this motion was to get the ice in……

(Final editorial on this topic……if you’re part of one of the 600 families that use the ice at the arena…..remember these votes at election time…….3 members of council were ready to have your burden shared among all, and 3 others weren’t……..oh, wait, you can go back later and ask for help……so convoluted.…)

PRESENTATIONS
Heritage Committee Request for Consideration of a Resolution Relative to the Amendments to the Ontario Heritage Act – Simon Chamely

Mr Chamely addressed council. He explained that in June 2019, Bill 108 was passed. He explained that this bill will have an impact on municipalities and the Heritage Advisory Committee. It seems that now, all appeals will go to a local tribual (LPAT) rather than a traditional review. He felt that the LPAT could consist of people who know nothing about heritage or old buildings and that they would have the final say. He explained that every person can go before the LPAT to repeal a historical designation or get a demotion and that this is scary. He said there were 4 recommendations…..First, that schedule 11 be removed from the LPAT powers, second that schedule 11 be amended to return a final decision to council and third and fourth were the lists of the many bodies to be notified.

He felt that if this bill goes through it will remove heritage from our town. Councillor Prue felt that council should write a letter that they do not agree with schedule 11. The CAO pointed out that the bill has received royal assent. However, Councillor Prue said the schedule was still open for comment. The CAO felt that the government is accelerating the processes and streamlining by having a jurisdictional change.

Deputy Mayor Meloche felt that there were parts of Bill 108 that he was in favour of. He liked the idea of the appeal process since now it is simply only an objection that can be done. He felt that an appeal was more binding and that it can strike down a bylaw or amend a bylaw.

Mr Chamely explained that a homeowner could come before council. Deputy Mayor Meloche felt that this bill gives them their rights. (I still remember when this council was relatively new……the details are fuzzy, but there was a house on Park Street that the owners were begging to demolish since it needed extensive, expensive renovations……council voted that nope, it’s heritage and it stays…….I walk by the house every now and then…..it’s beyond an eyesore……) Councillor Courtney wondered who would represent the town should an appeal go to LPAT. The CAO explained that the town would defend itself. Councillor Simone felt that the Heritage Committee found it concerning that the LPAT decision is binding, that the LPAT members may have no training or may not understand heritage in our community. Deputy Mayor Meloche felt that they can’t say that the LPAT wouldn’t hire experts. In fact, he pointed out that people could say that about council, that they don’t have expertise in an area. (You were on fire tonight Deputy Mayor Meloche pointing out council inconsistencies……I swear you could read my mind halfway across town……or maybe you could hear me talking to my phone screen??? Either way, very true……council makes all kinds of decisions all the time and the members of council don’t have expertise in many of those areas……in fact, some members of council argue with people who DO have expertise……or they ignore their professional and educated advice……sooooo……I digress.….)

Ultimately Councillor Prue made a motion to send the recommendations to council. Councillor Courtney seconded it. Councillor Prue felt that the chances of the province listening are remote but felt that they should know that we like it the old way……..(hmmmmmm……..interesting……we like it the old way……) The motion carried.

At this point it was 9:42 and council had a short break. So I did too. When I went back online at 9:54, council was discussing:

Update and Further Improvements – Beaudoin Park

My fingers are getting tired……long story short, Mr Roberts, Director of Parks, Recreation and Culture didn’t bring funding forward for the 2020 budget. The funds were not used in 2019 and needs to bring them forward now. It seems that improvements were made with various donations from the Amherstburg Community Foudnation, the Rotary Club and the Accessibility Committee.

Here are the recommendations and they were approved :

1. A 2020 over-expenditure for completion of additional improvements to Beaudoin Park, as outlined the report from the Director of Parks, Recreation, Facilities and Culture for Update and Further Improvements – Beaudoin Park dated August 31, 2020, BE APPROVED at a cost not to exceed $69,605 including net HST;
2. The Treasurer BE AUTHORIZED to make transfers from reserves not to exceed the following, to fund the additional improvements for Beaudoin Park:
   1. $14,205 additional transfer from the AODA Compliance Reserve; and
   2. $15,400 from the Donation Reserve Fund; and
      
3. That donation funds committed by the Rotary Club for improvements to Beaudoin Park be deposited into the Reserve – Accessibility if and when received in future, to reduce the funding commitment from that reserve.

Placement of Underground Infrastructure, Curbs and Base Asphalt on
Maintenance – Kingsbridge Subdivision Phase 5B

This carried with no discussion

Placement of Underground Infrastructure, Curbs and Base Asphalt on
Maintenance – Kingsbridge Subdivision Phase 7B

This carried with no discussion.

Single Axle Dump Truck with Winter Plow Package – Award of Tender

It looks like there was a tender put out for a new single axle dump truck . It is recommended that the tender be awarded to Team Truck Centres in the amount of $252,000 plus taxes.

This carried with no discussion.

Bridge 3012 – 5th Concession North over River Canard-Engineering Services

Administration is recommending that an agreement be made with Stantec Consulting Ltd. for Engineering Services – Replacement of Bridge 3012 for an amount not to exceed $299,000 plus applicable taxes.

There was some discussion about this item. Councillor Prue wondered if there were endangered species in the area and if the municipalities would have to do the study. He also wondered about an archeological study being needed. Administration said they would do the reviews and the survey but felt that that would not be necessary.

Culvert No. 3 Replacement – Collison Sideroad over Collison Drain –
Tender Results

And another tender result is in….Here is the recommendation : An over-expenditure not to exceed $67,808 including net HST for Culvert No. 3 Replacement – Collison Sideroad over Collison Drain project, for a total project cost not to exceed $332,808 including net HST, BE APPROVED.

There was very little discussion and this carried.

Mandatory Downspout Disconnection By-law

It looks like the town is looking to make disconnecting downspouts from the storm sewers mandatory in certain areas in Amherstburg. There was some discussion about this, but ultimately nothing out of the ordinary. There was discussion about rain barrels and providing them to residents. (In my notes it was 10:22 by now..….) Ultimately, this carried and they’re going to look into rain barrels. I think. Fatigue was setting in……But not so much fatigue that I didn’t catch that this passed with all 3 readings at once……as per usual procedure.

Zoning By-law Amendment for 1267 Front Road N

The clerk read a letter from a resident about this property. After the letter was read, the Mayor asked if the questions were all answered in the report. It seems they were.

Anyway, here is the gist of the situation, a zoning change :

From the report :

“The proposed amendment to the Zoning By-law would change the zoning of the subject lands noted above from the “Agricultural (A) Zone” to “holding Special Provision Residential Type 1B (h-R1B-2) Zone, “Residential Type 1A (R1A) Zone” to “ holding Special Provision Residential Type 1B (h-R1B-2) Zone” and “Agricultural (A) Zone” to “holding Environmental Protection (h-EP) Zone” to permit the development of a plan of subdivision with 38 single detached dwellings with a maximum lot coverage of 35%. The draft plan of subdivision will proceed at such a time when the necessary studies and servicing plans have been finalized and will be subject to public meetings at that time.”

It seems that this area is a settlement area in the Official Plan. And ultimately, this carried…….all 3 readings at once……(it was now 10:40PM)

2020 09 14 – Request to Waive User Fees – Unauthorized Open Burn

Council was provided with a private and confidential memo about an unauthorized open burn. Administration is recommending that the fee NOT be waived. And ultimately the fee was not waived.

****There was then a motion to extend the meeting to 11:45***** seriously

Appointments to the Amherstburg Environmental Advisory Committee

The Environmental Advisory Committee has been formed. Council will need to appoint 5 lay members as well as two council representatives.

There was some discussion about having 7 lay members instead of 5 lay members. Ultimately the following people were named to the committee (I apologize for spelling errors) : Brad Mailloux, Marilyn Morrison, Billy Gardiner, Daniel Laing, John McDonald, Sarah Voegeli, Bea Lowe.

Then it was time to chose 2 members of council to sit on this new committee. Councillor Prue nominated Councillor Courtney and Councillor Simone seconded the motion. That carried.

Then Councillor Simone nominated Councillor Prue and Councillor Courtney seconded it. That carried too.

(Oh boy. If that didn’t look pre-planned, I’m not sure what would …… 2 members of council who seem resistant to development now sit on the Environmental Adivsory Committee……Will this new committee be used to slow down, stall or stay development all with the “save the species” arguments? Or will this new committee be used to create policy to actually help the environment? I’ll be keeping a real close eye on the recommendations coming from this committee..….)

Committee Vacancy – Committee of Adjustment

There is a letter of resignation attached to the report, therefore a new member will need to be appointed to the Committee of Adjustment. That reminds me, the Parks Commitee had to appoint a new member at the last meeting yet there was no letter of resignation. I did some research and noticed a name is now gone from the Parks and Rec Committee, yet no letter of resignation….hmmmm…..I think I connected the dots though. 🙂

Anway, Anthony Campagotto was named as the newest member of the Committee of Adjustment.

Accessibility for Ontarians with Disabilities Act Website Compliance

It was now 11:00 PM ( I was getting low battery notifications from my phone but I kept ignoring them…..)

This looks to be some legislation to keep the town in compliance regarding accessibility for it’s website. Due to the pandemic, it appears that the town may not be able to meet the January 2021 deadline and is asking council for a resolution to request the province extend the deadline by one year.

Councillor Prue wondered why there was an attempt to delay the website knowing it had to be done. He also felt that if this passed it was doing a disservice to people with disabilities. Councillor Prue mentioned the service delivery review and the report of possible amalgamation. He felt the town should soldier on and didn’t want to vote for this, to delay it.

The Clerk explained that lately COVID had become the priority. The process was still moving forward and that they were hoping to meet the deadline but resources are limited and that administration is looking to prevent a fine or an order. She felt this was a very important endeavor. Councillor Pure wondered why administration needed an extra year if they had only lost a few months due to COVID.

Councillor McArthur disagreed. He felt that this is a cry for help from administration and that council should listen to staff. He felt they’re asking for help and council should give it to them. Councillor Simone wondered if it would be possible to get a third party and a quote to get the work done. The CAO explained that the town’s web site hosts 3rd party vendors and they need them to comply. He explained that if it were just the town involved, they could comply on time, however many of the 3rd party vendors can not. Councillor Prue wondered if this issue had gone to the Disability Committee. The answer was yes.

And then my phone died…….It was almost 11:15. I decided to put my phone on the charger and go to bed. What happened after 11:15, I don’t know.

There was an in-camera meeting scheduled. Maybe they’re still there?

So overall……Monday night’s meeting probably lasted six hours plus…..a display of inefficiency in my opinion. It’s starting to appear some members of council either aren’t reading the agenda or not understanding it and then asking questions that the answer lies in the report provided in said agenda. There are lengthy discussions about things outside of their jurisdiction…..and they seem to be reluctant to make decisions and definitely reluctant to make forward-moving decisions……and definitely reluctant to make decisions in a timely manner.

And to my readers who have actually made it to the bitter end of this……kudos to you! That is pure grit and determination. Two qualities I really admire. Have a good week Amherstburg! Stay safe!

In preparation for Monday September 14th regular town council meeting

Well council will likely have a long night ahead of them on Monday night. First, they meet for a planning meeting at 4:30 PM regarding the Kingsbridge Subdivsion development, then a 6:00 regular meeting, followed by an in-camera meeting…….and the agenda is 436 pages. So, if this meeting goes late into the evening (which I am guessing it will), I am preemptively telling you, my readers, that I will likely not write up the blog until Tuesday……maybe even Wednesday, who knows? 🙂

So here are the highlights for the regular meeting. I will try to be brief.

DELEGATIONS
Request for Crossing Guards and Safe Travel Paths – Melissa Hinch

It looks like Ms Hinch will be requesting a crossing guard at the intersection of Alma Street and Balaclava street, as well as at Sandwich and St. Arnaud. It looks like she will also be requesting a walking path with guard rails, a possible lane closure of sandwich Street from Alma to Bruner. As well, it seems Ms Hinch will be requesting a bike lane as well as an agreement with Diaego to supply their garden as a safe walk path.

Clarification of By-law – Jon Parks, J.M. Parks Farms Ltd.

There isn’t much information on the delegation form but it appears that Mr Parks will be seeking clarification regarding open burns, clarification of bylaw and “use of common sense”. This looks like it may be popcorn worthy. We’ll have to wait and see what council says I guess.

Timeline for Ice at the Libro Centre – Wes Ewer, AMHA, Admirals and BCHL

This delegation form doesn’t have much information that I could find other than being in disagreement with the proposed timeline for ice to be put in in the arena. I believe at the last meeting it was mentioned the ice would start to be prepared in December, to be ready for January 1st. I’m going to guess that they want the ice to be in sooner.

PRESENTATIONS
Heritage Committee Request for Consideration of a Resolution Relative to the Amendments to the Ontario Heritage Act – Simon Chamely

I will have to listen to this presentation to be sure about this one, but it looks to me that the provincial government passed a bill that has to do with the Ontario Heritage Act. I think that the Heritage Committee is looking for a resolution from council that would align with this bill. I’ll have to listen to see what Mr Chamely has to say.

Property Tax Rate Reduction – Amherstburg Affordable Housing
Development 680 Front Rd S (Roll 3729 600 000 01600)

This portion of the report explains what this part of the meeting is about :

“The property at 680 Front Road South, classified by the Municipal Property Assessment Corporation (MPAC) as “New Multi-Residential Taxable: Full” (NT), is eligible for the Residential tax class (RT) as long as it continues to qualify under the terms of the Agreement with the City of Windsor as the Service Provider. Prior to 2020, the NT rate was equivalent to the RT rate; however, starting in 2020 the NT rate is higher as a result of a change in tax policy by the County of Essex.
Though the owner of the referenced property entered into a municipal facility funding agreement for affordable housing with the City of Windsor in 2015, to date a Town Bylaw has not been passed for the property at 680 Front Rd S. As such, By-law 2020-040 is a housekeeping matter and will provide Administration with the authorization needed to process property tax adjustments for that property in accordance with the applicable
affordable housing program, subject to the property owner providing documentation to demonstrate ongoing compliance with their affordable housing agreement with the City.”

And, as per usual procedure, this bylaw would have all three readings done at once…..unless council decides to only do two and tie up the the third for a while? Or is that only done for greenhouse developments?

FCM’s Municipal Asset Management Program Application

It looks like administration is hoping to apply for grant funding from the Federation of Canadian Municipalities (FCM) Municipal Asset Management Program (MAMP) to comply with new legislation. From the report :

“On September 9, 2020 FCM sent an announcement advising that, due to the
overwhelming popularity of the grant funding, all applications must be submitted by September 22, 2020.
MAMP funding requirements indicate that a complete application must consist of the following:

1. Resolution from Council
2. Completed application form
3. Completed Asset Management readiness assessment
4. Completed workplan and budget
   Eligible activities include Asset Management assessments, Asset management plans, policies and strategies, data collection and reporting, training, organizational development and knowledge transfer.
   The project must be completed within 12 months from funding approval notice. The MAMP grant provides 80% of eligible project costs up to a maximum of $50,000 for municipalities with a population of over 1,000.”

We’ll have to wait and see what council says.

Update and Further Improvements – Beaudoin Park

It looks like further improvements are needed at Beaudoin Park and will involved some overages…..$14,205 additional transfer from the AODA Compliance Reserve; and also $15,400 from the Donation Reserve Fund. The report is very very lengthy and walks us through the various approvals from council and grants received for Beaudoin Park. It seems the improvements include making the park more accessible.

Safe Re-Opening of Libro Centre for User Groups

This is also a very lengthy report. When we finally entered Stage 3, it allowed municipalities to reopen their recreation centres. From the report :

“Administration submitted a copy of the Libro Centre’s health and safety protocols to the Windsor Essex County Health Unit (WECHU) for review, and received a positive endorsement from WECHU’s liaison indicating the document encapsulated all the required protocols and restrictions necessary to safely reopen the Libro Centre.
Once vetted through the Health Unit, Administration met with the local ice user groups on August 27, 2020 to review the protocol document and determine initial ice needs moving forward. A number of local user groups have opted not to commence operations under the current state of re-opening requirements and related rules and protocols. It would appear that until such time that the restrictions are lifted these groups will not partake in the rental of the facility.
All municipalities within the County have started accepting ice bookings from their user groups. Some started as early as August 4, 2020 under Stage 2 restrictions, while the rest, including Amherstburg, have waited for the County to enter Stage 3. And while most travel hockey is limited to training at this point in the “re-opening” of the Province, many municipal house leagues are able to commence operations as soon as ice is available,
and organizations are able to adhere to the health and safety protocols of the Libro Centre.”

Included in the report are proposed ice rental times. It seems that reopening the ice pad will incur extra costs for cleaning protocols etc. From the report :

“It should be noted that if Council were to move forward with opening the ice surfaces, it will come with financial risk that will rest with the municipality. To mitigate this, Council could consider a guaranteed financial commitment from the user groups to limit the exposure to ratepayers. Therefore, should Council agree to open the ice surfaces, user groups should be required to book and pay hours for a minimum one month intervals off ice rentals.

5. FINANCIAL MATTERS:
   Although opening up the Libro Centre for user groups will derive some rental revenue, additional staffing and cleaning costs will be incurred as a result of the increased cleaning and disinfecting protocols for rental spaces during the pandemic, in addition to regular facility and ice maintenance.”

The report also contains the health and safety protocols. As well, there is a chart comparing what types of protocols are in place in surrounding municipalities. I am guessing that this issue will generate a lot of discussion. I only hope that council is ready with a motion to get the show on the road. When we went to Stage 3, council discussed in circles for hours……while discussion and ideas are good, ultimately council needs to make a motion to tell administration what to do…..we’ll see what happens Monday night.

Placement of Underground Infrastructure, Curbs and Base Asphalt on
Maintenance – Kingsbridge Subdivision Phase 5B

This seems like a pretty standard item needing approval regarding the Kingsbridge development.

Placement of Underground Infrastructure, Curbs and Base Asphalt on
Maintenance – Kingsbridge Subdivision Phase 7B

Once again, another approval requirement for Kingsbridge.

Single Axle Dump Truck with Winter Plow Package – Award of Tender

It looks like there was a tender put out for a new single axle dump truck . It is recommended that the tender be awarded to Team Truck Centres in the amount of $252,000 plus taxes.

Bridge 3012 – 5th Concession North over River Canard-Engineering Services

Administration is recommending that an agreement be made with Stantec Consulting Ltd. for Engineering Services – Replacement of Bridge 3012 for an amount not to exceed $299,000 plus applicable taxes.

Culvert No. 3 Replacement – Collison Sideroad over Collison Drain –
Tender Results

And another tender result is in….Here is the recommendation : An over-expenditure not to exceed $67,808 including net HST for Culvert No. 3 Replacement – Collison Sideroad over Collison Drain project, for a total project cost not to exceed $332,808 including net HST, BE APPROVED.

Mandatory Downspout Disconnection By-law

And another bylaw with all three readings at once…..as per usual procedure…..but what do I know? Anyway, it looks like the town is looking to make disconnecting downspouts from the storm sewers mandatory in certain areas in Amherstburg.

Zoning By-law Amendment for 1267 Front Road N

Oh and another bylaw with all three readings at once….anyone else seeing the theme here? The greenhouse development was only given 2 readings and stalled for a month with excuses given…..to then finally get it’s third reading……first and only time I’ve ever seen that happen……One member of council tried to say it was normal to do readings in phases…..yet here we are yet, another bylaw with all three readings at once……because that is the usual municipal procedure….but I digress….

From the report :

“The proposed amendment to the Zoning By-law would change the zoning of the subject lands noted above from the “Agricultural (A) Zone” to “holding Special Provision Residential Type 1B (h-R1B-2) Zone, “Residential Type 1A (R1A) Zone” to “ holding Special Provision Residential Type 1B (h-R1B-2) Zone” and “Agricultural (A) Zone” to “holding Environmental Protection (h-EP) Zone” to permit the development of a plan of subdivision with 38 single detached dwellings with a maximum lot coverage of 35%. The draft plan of subdivision will proceed at such a time when the necessary studies and servicing plans have been finalized and will be subject to public meetings at that time.”

I’ll be watching to see who is “pro development” and who’s not…..will this proceed or be stalled? We’ll have to wait and see. Or will it proceed now and be stalled later. While the comments prove interesting, at the end, it’s the vote that say it all.

Guidelines for the Addition of Listed Properties of Cultural Heritage
Value or Interest to the Heritage Register

Here is the recommendation : ” The guidelines established for Listed Properties of Cultural Heritage Value or Interest to the Heritage Register BE ADOPTED for use when considering the addition of Listed Properties of Cultural Heritage Value or Interest to the Heritage Register for the Town of Amherstburg.”

From the report: “An addition of a property of cultural heritage value or interest to the Heritage Register provides an interim protection against demolition and does not place any other encumbrance upon a property owner. The recommendation from Administration, as endorsed by the Heritage Committee, to adopt these guidelines balances the protection
and conservation of property of cultural heritage significance with the rights of a property owner by involving them in the process. Should this pre-notice of the process lead a property owner to seek demolition of the subject property, the municipality retains the right to adopt an “intent to designate” relative to the subject property, triggering protections from demolition or destruction of Heritage features and attributes.”

2020 09 14 – Request to Waive User Fees – Unauthorized Open Burn

Council was provided with a private and confidential memo about an unauthorized open burn. Administration is recommending that the fee NOT be waived.

Appointments to the Amherstburg Environmental Advisory Committee

The Environmental Advisory Committee has been formed. Council will need to appoint 5 lay members as well as two council representatives.

Committee Vacancy – Committee of Adjustment

There is a letter of resignation attached to the report, therefore a new member will need to be appointed to the Committee of Adjustment. That reminds me, the Parks Commitee had to appoint a new member at the last meeting yet there was no letter of resignation. I did some research and noticed a name is now gone from the Parks and Rec Committee, yet no letter of resignation….hmmmm…..I think I connected the dots though. 🙂

Accessibility for Ontarians with Disabilities Act Website Compliance

This looks to be some legislation to keep the town in compliance regarding accessibility for ti’s website. Due to the pandemic, it appears that the town may not be able to meet the January 2021 deadline and is asking council for a resolution to request the province extend the deadline by one year.

2020 07 21 – Economic Development Advisory Committee Minutes

It appears that the Economic Development Committee has two recommendations for council.

1. Administration INVESTIGATE obtaining a general use liquor license in the Kings Navy Yard Park for the use of all those businesses that are contiguous or nearly contiguous to that area; AND,
2. Administration REPORT on the potential creation of an Economic Development Advisory Committee Officer for consideration and debate.

2020 03 12 – Heritage Committee Minutes

The Heritage Committee also has two recommendations for council’s consideration:

1. Administration BE DIRECTED to identify a possible recognition program for the successful adaptive reuse of property on the Heritage Register inclusive of a plaque or certificate presentation, promotion in the River Town Times and through the Town’s social media accounts; AND,
2. The Heritage Committee’s recommendations regarding amendments to the Heritage Act BE PROCLAIMED and circulated as indicated.

2020 08 05 – Heritage Committee Minutes

As well, the Heritage Commitee is also recommending:

1. The Sarah Elliot House, located at 849 Front Road South, BE ADDED to the Heritage Register as a property of interest as recommended by the Heritage Committee and the notice of same be provided to the property owner; AND,
2. The National Trust’s Shovel Ready Campaign BE ENDORSED. 

2020 08 13 – Mayor’s Youth Advisory Committee Minutes

And the Mayor’s Youth Advisory Committee has a recommendation as well :

Bike racks BE CONSIDERED in the vicinity of the commercial areas near Walmart and Sir Isaac Brock Plaza. 

2020 08 20 – Parks and Recreation Advisory Committee Minutes

And yet more committee recommendations for council: (the committees have been busy!):

1. Administration BE DIRECTED to pursue negotiations with the
Town of Lasalle, the Windsor-Essex Catholic District School
Board and stakeholder organizations;
2. Part 4 of Council Resolution #20200127 BE RECONSIDERED
to allow for parkland improvements to be explored for the entire
Kingsbridge subdivision;
3. Administration EXPLORE the creation of community gardens at
River Canard Park and potentially other local parkland; AND,
4. $75,000 in the Parkland Reserve BE TRANSFERRED and
ALLOCATED to Parkland Improvements at Malden Centre
Park, inclusive of consultation with stakeholder grounds and the
Parks and Recreation Advisory Committee.

And after ALL of these items, council will end their eveining at an in-camera meeting. Again.

SPECIAL IN-CAMERA COUNCIL MEETING
That Council move into an In-Camera Meeting of Council directly following this Regular Council Meeting pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reason:
Item A – Section 239(2)(f) – Advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

So, if you’ve made it through this “preview” of Monday’s meeting, I think it’s probably a safe bet that it will be a late one LOL. If so, I’ll be back Tuesday (or Wednesday) night with the summary of the meeting! I’ll be sure to get really nice and comfy on my couch Monday night!

Have a great weekend Amherstburg! I’m going to try to get out and enjoy our open streets!