Monday July 12th Regular town council meeting

This week’s blog is brought to you by guest blogger Lori Wightman who graciously stepped up to help me out. Thanks so much Lori for putting in the time and effort to help keep Amherstburg informed. 🙂

The council meeting started at 6:17 

There were reports out from the in camera meetings – minutes from the June 28th meeting and 

Delegations

There was a delegation of Mackenzie Porter and Sarah Aubin who represented Better Laws for Paws, an organization that is lobbying for better bylaws in Essex County municipalities regarding animal welfare, specifically dogs. 

The organization is looking to have bylaw language updated regarding tethering laws, more background checks for animal control officers, kennel conditions, ability for exercise, supply of fresh water, when puppies can be taken from their mother, etc. They are asking for support from all municipalities.

There were a number of questions from council members clarifying portions of the presentation. And it was asked if staff/admin would do a report, possibly in conjunction with other municipalities, to see if we can get an idea where our bylaws sit in comparison.

It seems Nicole Rubli did a report with comparisons not that long ago.

Councillor Prue made a motion, seconded by Councillor Simone, to receive the delegation and ask for a report on where our bylaw can be improved. The motion carried.

(That’s report request #1, for those keeping scorecards and the time is now 6:40pm)

Infrastructure Report – Fryer St. Reconstruction

Administration is recommending approval for an overexpenditure of $472,450 on the reconstruction of Fryer St. and the tender for the reconstruction is awarded to Sherway Constracting and Dillon Consulting. 

Councillor Courtney said that we tried to budget for these things and is there a better way to budget for these “explosive tendering” amounts.

Someone named Todd (I’m assuming Todd Hewitt – Manager of Engineering) answered that some things were not available design-wise at budget time and that everything incorporated in the increases are value added items in that the extra cost either saves the town money on future items or paves the way for future items.

Councillor Courtney said he received questions about notifications that went to residents in regards to drainage. It was revealed that the notifications went out to everyone who was on the 2nd Concession Drain and that it was just notification of the changeover with no cost to residents

(As an aside, I’ve noticed a trend recently of councillors referring to individuals in administration by their first names only during the course of meetings. While I’m fine with council meetings being a little less formal so that residents can understand the meetings better – this habit by certain councillors seems a bit disrespectful to the administration of our town.)

Councillor Prue was troubled that the procurement policy was not followed – it was explained by Mr. Hewitt that somethings came up through the design and agreed that it should have come to council sooner. 

Councillor Prue then pointed out that in his view we were out almost a million dollars with the overexpenditure and the extra amount for the project. Mr. Hewitt explained that the tendering process included two options – plastic piping and cement piping – both items were carried on the tender but the town ultimately only goes with one or the other. It was a provisional item. 

Councillor Prue questioned whether the rest of the project with full details would be in front of council for the 2022 budget process. 

Mr. Hewitt said that the design for Phase two has already been done so the situation will not repeat. 

In answer to questions by Councillors McArthur and Renaud it was stated that the value added item like the infrastructure for the long term care home is better done all at once because in the long run it saves time, money and eliminates the need to tear up a newly done road in the future. Because the town is doing some of that infrastructure there will be some recovery costs. With regards to start date – the contractors hope to be on site by Aug 1. Residents in the area will get a notification about a week prior. 

Deputy Mayor Meloche asked about the length of time Richmond will be closed. There is no set schedule but the contractors have 70 business days to complete the project and the Richmond/Fryer intersection which will remain a 4 way stop. 

Planning and Development Services Report – Heritage Tax Rebate

There are six properties over the course of the last 3 years who have applied for the heritage tax rebate – 2 in 2018, 3 in 2019 and 1 in 2020.

There was some questioning of what is a permissible home improvement with regard to this heritage tax rebate. Councillor Courtney asked “Angelo” if any kind of roofing is included, can homeowners just redo their bathroom and get a rebate? Mr. Angelo Avolio, the Chief Building Official responded that the policy does not specify what kind of work qualifies but that the new Heritage Planner will be looking at the policy.

Councillor McArthur asked if this shouldn’t be a line item on the budget. These particular rebates added up to approximately $6100 but that that amount could fluctuate wildly 

The report was accepted and Councillor McArthur put forward a motion to make the heritage tax rebate a line item. Councillor Prue wants to move it forward after the Heritage Planner has taken a look at the policy and after the Heritage Committee gives their recommendation.

Councillor Courtney said he has no issue giving rebates for historical features but things like shingles don’t seem historical. 

(But wouldn’t the roofing be pertinent to protecting the historical things? Just a thought that it’s only actual heritage designated buildings that qualify for these rebates so almost anything that protects the integrity of the building envelope is important – especially since these home are usually designated not at request of the homeowner but by the town)

CAO Miceli pointed out that a line item could be added for a placeholder amount and when that limit is met, Administration can go to council.

Motion was passed to make the Heritage Rebate a budget line item. 

(It is now 7:13 for those keeping track)

Reports from CAO’s office- Provision of Fire Dispatch Services

The recommendation here is to procure the fire dispatch service through Windsor again. 

Councillor Prue said that 5 out of the 7 municipalities in Essex County do dispatch through Windsor, he wanted to know why the other two didn’t. 

(I do not have any idea why it would matter what 2 of the 7 are doing?)

Chief Montone said he (also LOL) had no idea why they weren’t but that the two, Lasalle and Kingsville, do theirs through Lasalle at a cost of $2.36 per capita and Amherstburg is currently $1.85 and will go to $1.94 per capita when renewed. 

This motion carried. 

(it’s 7:16 – that one only took 3 minutes – Woohoo!)

Information Reports – Provincial Job Site Challenge Update

This report updates the application for the Honeywell site and the Howard Avenue site for the Job Site Challenge. “The Challenge is an opportunity for municipalities, economic development agencies, private landowners and other interested parties to submit proposals to the Province identifying mega sites (i.e. large job sites) for consideration.” It appears the Honeywell site has been declined and only the Howard Ave one will move forward in the challenge.

There was a long discussion about how disappointing this was as some had hoped Honeywell would be the spot for an industrial tax base for the town. It seems that some of the reasons that properties are less attractive is that there are numerous owners of a tract of land or that there is contamination. The Honeywell property is obviously in the contamination category. 

Councillors Prue and Courtney talked at length about the contamination and what Honeywell should do with regards to it, that perhaps they could sever portions. Someone even used the phrase “they walked away”. Mayor DiCarlo clarified that Honeywell didn’t walk away, General Chemical did and that Honeywell has been extremely transparent and done everything to remediate the majority of the property (100 acres or so at least). They have been great to work with and have already severed the property into smaller parcels.

(I think council has to be careful of assuming and pointing fingers – Honeywell has done us a good deed in taking over the property and, at some expense, doing what they can and working with the town to get the property into good shape and available for other uses. Pointing fingers at them for perceived and incorrect inaction or worse blaming them for the sins of others is not good)

The settling ponds will have to be naturally remediated and that will take time but various parcels are available for various levels of usage. 

The report was accepted. 

(It’s now 7:32 – in my opinion there was a lot of time with this issue spent saying things that were somewhat untrue, talking about things that were not fully understood and getting those things corrected)

Consent Correspondence

All was received with motion to send letter of support to Prime Minister’s office and local MP’S with regards to Inclusion of the PSA Test in the National Health Care System at No Charge – Town of Cochrane Resolution

Correspondence

The recommendations was that: The Proclamation received by Ryan Doyle, Author of Tears of Loneliness: The Angel Within regarding Bullying Elimination Week – September 20-26, 2021 BE RECEIVED; and, 1. 2. September 20-26, 2021 BE PROCLAIMED as Bullying Elimination Week in the Town of Amherstburg. 

(This seemed to be a no brainer – there was no harm in it and I thought it would be another quickly passed thing but no…no it wasn’t.)

Councillor Prue wanted to know where this person was from. Mayor DiCarlo said he spoke to the man…. 

(And that’s what you do sometimes when you have questions – you go to the source and ask them instead of asking and taking up time during a council meeting. I did a simple Google search and found out that yes, Mr. Doyle was from Oshawa, he is a bullying survivor and is campaigning to get a province-wide Bullying Elimination week – but I digress…)

Mayor DiCarlo said he spoke to the man and found that he was not being successful at a provincial level and so changed tacks to go after the municipal level instead.

Councillor McArthur saw no harm in it and that every week should be Bullying Elimination Week. Councillor Courtney professed that he got it but that we were running out of weeks. 

In the end the motion carried. (after 6 minutes which should have been 6 seconds) 

Meeting Minutes to be received

Inclusive Community Program Advisory Steering Committee Minutes – June 23, 2021 Seniors Advisory Committee Minutes – May 11, 2021 

Parks and Recreation Advisory Committee Minutes – May 12, 2021 

Economic Development Advisory Committee Minutes – June 3, 2020

All received quickly and painlessly.

Drainage Board minutes

Lots of specific drainage minutes,  requests etc, they were all approved. ( but to be honest I kind of zoned out dreaming about being able to go to bed at this point because things seemed to be moving along a little quicker – see that? That was the moment I jinxed myself)

Environmental Advisory Committee Minutes

This is the recommendation from the Environmental Advisory Committee Minutes:

It is recommended that: The Amherstburg Environmental Advisory Committee Minutes of June 9, 2021 BE RECEIVED; 

and, 

1. Administration BE DIRECTED to REPORT on the potential tree planting locations in the Town of Amherstburg, not limited to but including, municipal right-of-ways, parkland, outstanding development requests and other municipally owned property.

Okay, so this gets complicated and long – 30 minutes or so spent discussing planting trees and getting administration to do a report on planting trees. 

Deputy Mayor Meloche and Councillor McArthur made the same point – we can ask all for all the reports we want but if when it comes to budget time we don’t allot the funds for it then we’ve wasted the time, money and staff morale for nothing. 

Councillor Courtney talked about taking advantage of ERCA bulk tree saplings and such and using them for creative reforestation. (reforestation is one thing but that’s not what the recommendation is speaking to)

There was talk of tree farms and reports with costs added in.

CAO Miceli said there was a tree farm in Windsor on vacant municipal property at significant expense. Right of ways fall under subdivision development and can’t be reforested. Reforestation can be done in parks but maintenance must be kept in mind.

Councillor Prue reiterated that getting the plants from ERCA, figuring out where to put them and then doing so is what we are talking about.

Councillor McArthur pointed out that that is NOT what the motion says, that perhaps a more targeted one on parks and reforestation would be preferable.

Mayor DiCarlo stated concern about resources that will be used for this. We have a Master Tree Plan that we could perhaps use (I’m curious if the council reps on the Environmental committee brought forward the Master Tree Plan for the committee to look at prior to making the recommendation)

Councillor Courtney said that these reports give Admin “a chance to say yay or nay” (Um…what??)

Councillor Simone wanted to know if the environmental committee could be asked to make a more targeted request. 

Councillor Courtney asked if the CAO could outline where we could get trees, where they can be planted within the parks (this is not an exceptional use of the CAO’s resources…sigh) CAO Miceli said if that is what council wants, it will get done. 

Everyone voted yes

(another report #2)

Audit and Finance Committee Minutes

Here we go again….

It is recommended that: 

The Audit and Finance Advisory Committee Minutes of May 26, 2021 BE RECEIVED; 

1. Administration BE DIRECTED to PRESENT the Q4 year end budget to actual summaries and transfers inclusive of a schedule of reserves; 

2. Administration BE DIRECTED to BRING TARGETS with the revised Reserve Policy for the medium and long term plan of Town Reserves; and, 

3. Administration BE DIRECTED to INDICATE which of the Audit and Finance Advisory Committee recommendations provided in the review of the last years budget were approved.

Councillor Prue made the motion as the recommendation was written..

Deputy Mayor Meloche made the points that council should make requests of admin, not advisory committees, that Item 3 is already being done and that #4 the advisory committee should already know if they are following the budget process. He spoke of calls he received from residents concerned about committees directing staff. 

Councillor Prue wanted to know why people aren’t calling him, the chair of the committee, instead of other councillors (seemed an odd flex – people can call whoever they are comfortable with or…whoever gets back to them in a timely, if any, manner)

Councillor McArthur made the point that things like this take up staff resources and staff time when the service delivery review told us the town was already understaffed. He asked the CAO and Ms. Horrobin how much extra work does this involve. 

Ms. Horrobin spoke quite eloquently and (unnecessarily) apologetically about how this kind of thing – the summary of transfers –  takes significant time with low value to council, it doesn’t provide a complete picture. The reserve policy and targets is already planned but the challenge is to find the time to do it. The town has lost staff in financial services, with a small team any turnover has a big impact. She reiterated (like was stated at a previous council meeting) that it is a struggle for the team with Covid, family struggles and trying to take vacation time to recharge. We want to be a credible employer, supporting staff and keeping them healthy.

(So now we’ve had at least twice that staff have said they are overworked and understaffed and still council denies new positions, tries to reduce filling vacancies and heaps extra work on the staff that are there – that is a recipe for high turnover and low prospects for new employees)

CAO Miceli reminded everyone that while the committee does have accounting experience, our staff has MUNICIPAL accounting experience and have faced many challenges since 2014.

Councillor Prue then said something that shocked me “If council doesn’t want it then we just have to go back to the committee and tell them council doesn’t want them to know”. (that is not at all what it means and saying something like just increases the animosity between groups)

Anyhow…lots of back and forth about the same things over and over until it went to a recorded vote. 

The motion was to receive minutes, and to bring the targets with reserve policy and to advise which recommendations were approved (1, 3, & 4)

YES – Courtney, Prue, Simone

NO – McArthur, Meloche, Renaud and DiCarlo

The motion failed.

A new motion to just receive the minutes passed.

New Business

The CAO introduce the new town solicitor Susan Hirota.

A very long discussion on the Centennial Park/Jack Purdie park concepts plans. 

Some councillors didn’t seem to know that the reason the Senior assisted living building was included in every option. It seems that on May 13 2019, this very council entered into a letter of intent for that building. It was in an in camera meeting that presumably all councillors attended

There was talk about the track that is in the site plan of the highschool. Apparently the school board is willing to house the track but not pay for it. Councillor Courtney wanted to know if a joint use agreement could be entered into with other schools, if we could change the property line in order to add a track (we’d have to buy the property to move the line)

( I seem to recall Councillor Courtney declaring a conflict on the school decision but suddenly now he’s all over it. Odd.)

There were long (looong) discussions of the Talk the Burg survey that lead me to believe that a couple of councillors have not so much as glanced at that survey. 

(To clarify – the concept drawings are just that, concept drawings, what is in them is just ideas. Nothing in those drawings is something that is a done deal – other than the building which falls under the letter of intent right now. So if there is not something in the drawings that you think should be in the park – add it to the comments on the survey. If there is something IN the drawings that you think is not good, let ‘em know. )

Councillor Prue asked when in person council meetings will take place. 

CAO Miceli said that it will likely be the next meeting that will have council together but public will still be virtual as only 4-6 would be allowed in the room. 

Councillor Prue got a call from a resident about a hole by the fence by the river at the base of Alma near Laird. It seems its covered by a piece of plywood and presents a danger. Coundillor Prue wondered when it would be remediated. 

CAO said they didn’t have a timeline but would touch base with staff about the plans.

Councillor Courtney again brought up the letter of intent and said that “the innuendo was that this was a done deal.” And that “2019 was two years ago so as far as I’m concerned there is no more intent”

(What the heck?Do we really want to be known as the town that reneges on our intentions??)

There was a motion to make another concept that was all park.

(Sort of a report, #3)

(Around this time I was seeing a light at the end of the tunnel, but I had fallen for that before so I didn’t get my hopes up but then there were no notices of motions, Bylaws passed super quick and Mayor DiCarlo said the most beautful words in the English language – Motion to adjourn

3 hours and 23 minutes later.) 

Thanks Sarah for letting me be guest blogger and next time you ask, I think I’m busy. LOL

In preparation for Monday July 12th Regular town council meeting

Well Monday night’s agenda is a light 218 pages. So, all things should point to a quick and efficient meeting, but one just never knows…..ever. 

Here are the highlights as I see ‘em: 

First, council will meet for a planning meeting at 5:30. Then the regular meeting is scheduled to start at 6:00. 

DELEGATIONS

Better Laws for Paws – Mackenzie Porter and Sarah Aubin

It appears that the delegation will be presenting regarding animal welfare laws. It seems that they have several recommendations for council that they would like to see implemented. There are recommendations about the hiring and tendering of animal control officers, crates and kennels, tethering, animals in vehicles, standards of care and licencing. I do recall some of these issues being discussed by the previous council and if my memory serves, some bylaws were modified a few years back about some of these issues. For those who know me, I’m a cat person, so I’m not very familiar with the laws regarding dogs, so I will have to listen closely on Monday night. 

Fryer Street Reconstruction Phase 1 – Richmond Street to Alma Street – Tender Results

The tenders went out for the above project. Here are the recommendations : 

It is recommended that:

1. A 2021 over-expenditure not to exceed $472,450 for the Fryer Street Reconstruction Phase 1 (Richmond to Alma) project for a total cost not to exceed $2,672,450 including net HST BE APPROVED to be funded as outlined in the report from the Manager of Engineering dated June 28, 2021; 

2. The Tender for Fryer Street Reconstruction Phase 1– Richmond Street to Alma Street BE AWARDED to Sherway Contracting (Windsor) Limited. for an amount not to exceed $2,383,010 plus HST and the Mayor and Clerk BE AUTHORIZED to execute an agreement with Sherway Contracting (Windsor) Limited for the Fryer Street Reconstruction Phase 1– Richmond Street to Alma Street; and,

3. The proposal from Dillon Consulting Limited for Fryer Street Reconstruction Phase 1 – Contract Administration and On-Site Services BE ACCEPTED and the Mayor and Clerk BE AUTHORIZED to execute an agreement with Dillon Consulting Limited for Fryer Street Reconstruction Phase 1 – Contract Administration and On-Site Services for a total amount not to exceed $187,050,00 plus HST. 

Heritage Tax Rebate Applications for the 2018, 2019 and 2020 Taxation Years 

There are a few properties in Amherstburg that have made requests to be designated as heritage buildings. If they are approved, they are entitled to a small tax rebate (well, it’s a small rebate in my opinion LOL). It seems that the inspections have been done (they had been delayed due to the pandemic) and therefore simply require council approval. 

Provision of Dispatch Services Agreement – City of Windsor

It seems that the City of Windsor has been providing fire dispatch services for Amherstburg since 1998. According to the report, there was only a very small increase for the fees noted in 2002. It seems that the current agreement includes an option for either party to terminate the agreement with three months written notice. There is a cost per capita comparison in the report and Windsor seems to be the most reasonable in cost for this service. 

And this is from the conclusion of the report : “Council has the option of giving notice of termination of the current agreement with the City of Windsor at the end of 2021; however, as outlined in this report, Administration does not recommend that approach. The City of Windsor has been an exemplary partner in the delivery of dispatch services for local Fire Services. Administration recommends that Council approve the amended Fire Dispatch Services Agreement with the Corporation of the City of Windsor.”

CONSENT CORRESPONDENCE

Council has four consent correspondence items to receive. They can choose to support or take action on these items as well. 

CONSENT OTHER MINUTES

Council always receives the committee meeting minutes. They get a copy of the minutes, can read through them and then officially receive them. This is normal practice. In this manner, all of council is aware of discussions and ideas coming from the various volunteer advisory committees. Sometimes, a council member who is the representative of a certain committee, may bring forward certain ideas from the committees…….but this week’s agenda has a huge, glaring red flag!!!!!

It looks to me that two of the committees are trying to get council to direct administration to provide them with various items and reports. These are volunteer advisory committees that have a role to provide advice and ideas to council. This is the exact slippery slope that caused concern about two years ago when the Audit and Finance Committee wanted to write their own parameters to be able to direct administration to do certain tasks. They insisted it wouldn’t come to this, but here we are people. This should make everyone’s eyebrows go up. Here are the two committees with their recommendations: 

That the following minutes BE RECEIVED:

Amherstburg Environmental Advisory Committee Minutes – June 9, 2021

 It is recommended that:

The Amherstburg Environmental Advisory Committee Minutes of June 9, 2021 BE RECEIVED; and, 

1. Administration BE DIRECTED to REPORT on the potential tree planting locations in the Town of Amherstburg, not limited to but including, municipal right-of-ways, parkland, outstanding development requests and other municipally owned property. 

Audit and Finance Advisory Committee Minutes – May 26, 2021

It is recommended that:

The Audit and Finance Advisory Committee Minutes of May 26, 2021 BE RECEIVED;

1. Administration BE DIRECTED to PRESENT the Q4 year end budget to actual summaries and transfers inclusive of a schedule of reserves; 

2. Administration BE DIRECTED to BRING TARGETS with the revised Reserve Policy for the medium and long term plan of Town Reserves; and,

3. Administration BE DIRECTED to INDICATE which of the Audit and Finance Advisory Committee recommendations provided in the review of the last year’s budget were approved.

WOW just WOW!!!!! I have been watching meetings and blogging for seven years and I don’t think I have ever seen anything like this. My jaw hit the floor. In my opinion, if council implements these committees recommendations, council will be effectively delegating their authority to non elected people. It looks to me like these volunteer committees want to manage (and direct) administration. This is NOT how the process should be working! The seven people that WE elected are there to direct administration, not unelected volunteers that sit on committees. Administration writes reports for council, not committees. This is very, very concerning to me. 

Furthermore, in reference to the Audit and Finances recommendation #3 above, there was a report provided to council during the budget process in November 2020. The report outlines the volunteer committees recommendations and how and why they either were or were not implemented. Here it is :

https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=1863

Here I am, a volunteer blogger who seems to read more reports than members of the volunteer committees????? It seems that the unelected volunteers are trying to get administration to do their own leg work and report to them? Unbelievable. Who is in charge? The seven people we elected to council or members of volunteer committees? This whole thing seems quite undemocratic to me. Volunteer committees are there to provide ideas and advice to council, that’s it. I have to hope that a majority of council can see right through this and that they do not delegate their authority to volunteer committees. 

UNFINISHED BUSINESS

During this portion of the meeting, council can ask questions about any unfinished business items. Certain members of council like to drag this part of the meeting out LOL. 

NEW BUSINESS

And in this part of the meeting, council can ask questions of any new business type of items. Often, there seem to be questions about random phone calls or emails received and this part of the meeting gets dragged out publicly, quite unnecessarily. But we shall see. The proposals for Jack Purdie Park and Centennial Park were presented this week, so I am anticipating that council may have a few questions about that. However, we are currently at the public consultation process, not the great debate process LOL so hopefully, council members remember that and just ask the question and get it answered and then move on. But we shall see I guess. 

And that’s it, that’s all. There is no in-camera meeting scheduled for Monday night. That’s a rarity LOL. Fingers crossed that Monday’s meeting will be a fine example of an efficient and democratic meeting.