Monday March 28th Regular town council meeting

Well tonight was like Christmas, my birthday and the first day of vacation all wrapped into one!! The meeting lasted 40 minutes! Seriously!!! There were about 7 members of the public in attendance tonight…..and no masks required…..so maybe council could see our facial expressions and got the hint? I don’t know but whatever it was…..a 40 minute meeting! I’m not sure when I last saw a meeting wrap up in less than an hour. 

Before the meeting began, Mayor DiCarlo said that two items were being pulled from the agenda. First, item #12.3 Multiple Fire Services By-law Amendments was pulled from the agenda. I didn’t catch the reason but I’m guessing this likely saved us from a lengthy Q&A from Councillor Courtney with Chief Montone and therefore helped the meeting to wrap up, gulp, early. Second, the NOTICE OF MOTION – Denouncement of General Jeffrey Amherst’s Statements & Actions – Councillor Simone was also pulled from the agenda in order to allow for further consultation. And, well, this surely saved us from an extremely lengthy debate tonight. But, as everyone knows, it’s not over. The items will still come forward at a later meeting. So, tonight, we earned some short term gain…..and later we will probably pay the price! LOL 

DELEGATIONS (supplementary agenda)

Brock Street, Repeal and Replace Heritage Designation By-law – Vince Rosati and Tony Rosati, Rosati Group, and Jackie Lassaline, Lassaline Planning Consultants 

St. Anthony School – Repeal and Replace the Designation By-law

These two items, the delegation and the bylaw, were handled together, since they went hand in hand. Ms Lassaline said that they were simply present virtually in order to answer any questions. Well, bing, bang, boom, a motion was made for the recommendation : 

It is recommended that:

1. Council APPROVE By-Law 2022-037 (Attachment 1), a by-law which repeals the original heritage designation, By-law 2021-079 (Attachment 2)

2. Council DESIGNATE the “St. Anthony School” at 247 Brock Street by bylaw under Part IV the Ontario Heritage Act (Attachment 3).

And, there was no discussion and it carried. Bylaw amended. No questions, no grandstanding, no minutia. Little did I know that this was some serious foreshadowing for the rest of the evening. 

Funding for Improving Monitoring and Public Reporting of Sewage Overflows and Bypasses

From my pre-meeting blog : “It seems that the province is offering 100% funding for improving monitoring and public reporting of sewage overflows and bypasses. The obvious recommendation is for council to take it. The question now is, will they quickly just take it and move on? Or will they have to discuss it for a while to try to show us how smart they are?” 

Well, not a question, nary a peep, the recommendation was moved and the motion carried.  

Extension of Part Lot Control Exemption for Part of Meadow View Estates Subdivision

From my pre-meeting blog : “This looks to be a simple extension for an extra year to finalize a property. Seems to be a pretty standard request.”

Concillor Prue questioned if there would be yet another extension requested since one was given last year. Someone from administration (yes, she had a name plate but I forgot to write her name down and underneath it simply said “Director”…..interesting title…..) said that this would be the final extension. Councillor Prue had a little more commentary but then the motion carried. Extension granted. 

Committee Vacancies and Result of Call for Applications

It seems that there are quite a few vacancies on various town committees. And to offset those vacancies, few, if any applicants. Therefore here are the recommendations : 

It is recommended that:

 1. A Call for Applications BE ADVERTISED for under strength committees as noted in the report of March 3, 2022 entitled Committee Vacancies and Result of Call for Applications;

2. Mitchell Dender BE APPOINTED to the Amherstburg Environmental Advisory Committee;

3. The Mayor’s Youth Advisory Committee composition BE REDUCED by three lay members; and,

4. The Seniors Advisory Committee composition BE REDUCED by one lay member. 

Councillor Prue wondered if the Dangerous Dog Committee or the Livestock Committee had met this year. Mr Fox, Policy and Committee Coordinator said that the Dangerous Dog Committee has met but the Livestock committee had not met since last term.  Councillor Prue wondered if it were worth all the steps to fill committee vacancies. Mr Fox felt that it was since the timing would allow the committees to build for future capacity, train the members and then they can apply again for the next term of council. 

There was some more back and forth, but ultimately it all carried. Someone moved the recommendation. 

Integrity Commissioner Services

Municipalities are mandated by law to have an Integrity Commissioner. At the moment, Bruce Elman, has been the Integrity Commissioner for Windsor, Amherstburg and Lakeshore. It seems that there is some type of shared services agreement between the three communities. However, the City of Windsor issued an RFP and has selected another company (two people) to handle their Integrity Commissioner services. It also seems that IF council extends Mr Elman’s contract until December 2024, he has made it clear that he will not be seeking an extension after that time. Council has two options on the table, however Councillor Courtney made a motion for council to endorse Option A (from the report) :

Option A – Engage the Services of Bruce Elman for a Three Year Contract Period (January 1, 2022-December 31, 2024) 

“Bruce Elman has held the post of Integrity Commissioner at the Town of Amherstburg since May, 2017 and is the former Dean of the University of Windsor Law School. Additionally, Mr. Elman has served as the Integrity Commissioner for the City of Windsor since August, 2011 and for the Town of Lakeshore since January, 2020. During the course of his Integrity Commissioner tenure, he has limited his appointments to the above three municipalities as noted.

Mr. Elman has indicated his willingness to provide services until December 31, 2024 or until such time as the transition to an alternative service provider occurs, on the following terms:

1. Basic remuneration of a set retainer fee of $150.00 per month and an hourly rate of $300.00 which will apply to complaint resolution, Letters of Advice, Advisory Bulletins, Policy Consultation and Advice, Brief Service, Brief Advice and any other matters involving ethical concerns;

2. No Charge for Regular Reporting to Council; 

3. No Charge for attendance at Council Meetings;

4. No Charge for Education and Training for Members of Council;

5. Education and Training for Members of Boards, Agencies, and Committees of Council will be charged at 50% of the Basic hourly rate; and 

6. No Charge for reasonable travel to and from Amherstburg, excessive or exceptional travel will be billed at actual cost;

In addition, Mr. Elman has indicated his desire to end his tenure as Integrity Commissioner as of December 31, 2024 and that he would not be seeking any further renewals of his contract. A copy of Mr. Elman’s complete proposal is attached to this report as Appendix “A” “

Councillor Courtney felt that Amherstburg should continue with Mr Elman since he had been functioning between the three communities which sometimes created long response times. He felt that if Mr Elman were only providing services to Amherstburg that he would now be more available and that he is “local”. He felt that extending Mr Elman’s term to a two year term would then allow the next council to later decide what to do. 

Mayor DiCarlo pointed out that there was also a three-year contract option. Ms Critchly, the Clerk, pointed out that the report mentioned December 31, 2023 OR 2024 and that it would be up to council. 

Councillor Courtney decided he preferred the December 2024 date. 

Councillor Prue felt that he would support Option A but took a moment to point out a typo in the Option B option in the report. (And we wonder why it’s a revolving door of staff at town hall…….can’t send an email to somebody to have them fix the typo? Have to point it out publicly?)

Not to be outdone, Councillor Courtney then pointed out a typo on page 746. ( I think that was the page number? Or, I wrote it down wrong? Or, I made a typo too?) Anyway, that typo got fixed too. I’m sure administration loves having tiny mistakes pointed out publicly. I wonder how council would react if someone started pointing out their tiny (or not so tiny) mistakes? Oh wait…..

And ultimately, the motion passed, Bruce Elmann will remain the Integrity Commissioner for the town until December 31 2024. 

Funny, the last council were not fans of Mr Elman’s when he found former Councillor Pouget and former Councillor Lavigne in violation of the code of conduct. This council seemed to feel otherwise. 

Park House Museum – Request for Municipal Grant

It seems that due to the large amount of staff turnover in town hall, there was an oversight and administration forgot to include the Park House Museum grant request in the 2022 operating budget. In the report, it says that it is of no fault of the Park House Museum and was an oversight by administration. They are recommending that the $8,500 grant be approved at this time and that a deficit will occur for that amount. They will try to cover this shortfall in other ways this year. 

From the report : “On March 16, 2022, it came to the attention of Administration that the request made by the Amherstburg Historic Sites Association, and its grant application, which was duly submitted to the Town on August 18, 2022, had not been included in the recommended grants in the 2022 Operating Budget. This oversight was the result of the turnover of municipal staff in the fall of 2021 and was in no way the fault of the Amherstburg Historic Sites Association. Had the application not been overlooked, the requested amount of $8,500.00 would have been recommended by Administration for approval by Council just as all other recurring grant requests were.”

Deputy Mayor Meloche made the motion to approve the grant request, however Councillor McArthur wanted to give The Park House more money. He felt that they are a vital organization and felt that their grant request was a cry for help. He felt that there were serious issues, such as The Park House Museum not being able to give full time hours to their curator. They had been devastated by the pandemic and Councillor McArthur felt that they have done so much good for the town, with exhibits and events like Music Off the Back Porch. He also pointed out that from June to December they would be doing an indigenous history exhibit. He said that they were asking for $8,500 but that he was okay to double that amount. 

Deputy Mayor Meloche seemed unsure about giving more than the requested amount. He felt that they should have come before council and plead their case if they needed more than $8,500. He said though that he would support the amendment for the $17,000 grant to the Park House, although he would have preferred it to be $15,000. Deputy Mayor Meloche felt that they would have to come up with a business plan to move forward. He wondered where administration would take the money from to fund the grant. 

CAO Simmons said that council passes tight budgets but that administration can find additional resources to cover this extra expense. 

Councillor Prue felt that he was agreeable to the motion but wondered where administration would be taking the money from, i.e. the general reserves or another reserve. He felt that the answer to this question would cement his vote. 

CAO Simmons said that he was anticipating a report for the first quarter and that at that time he could provide the source of the money to council. 

Deputy Mayor Meloche felt that they were anticipating a surplus but CAO Simmons felt that it was premature to say so. The CAO felt that irrespective of budgets that staff works hard not to spend every dollar of their budgets. He felt that he could specify where the money was coming from at the end of May with the quarterly report. 

There was some more discussion from other members of council to confirm that this was a one-time grant, which it seemed to be. And finally, the motion carried. The Park House Museum will receive double their grant request and we will find out in a few months where administration found that money to fund it. And ironically, all members of council voted in favour, even though a clear answer about where the funds would come from never came to be. 

Inclusive Community Program (ICP) Final Report

The final report is in about the Inclusive Community Program and here is the recommendation : 

It is recommended that:

1. The Inclusive Community Program (ICP) Needs Assessment and Action Plan BE ADOPTED by the Town of Amherstburg with funding considerations of specific action items to be considered during budget deliberations for 2023-2028.

Councillor Prue felt that this was a very good report and pointed out that he had actually read the whole thing. (Aren’t members of council supposed to read the reports in their entirety? Maybe? Maybe not?) He was very happy with the document. 

Deputy Mayor Meloche felt that a lot of issues were addressed in the document but that we need to remain cognizant of our senior citizens and of finding ways for them to remain in our community. 

Here is the link to the document for those who are interested : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=5843

Ultimately, council moved the recommendation as noted above. 

Economic Development Advisory Committee Meeting Minutes – February 3, 2022

The Economic Development Advisory Committee has some recommendations for council : 

• It is recommended that:
  1. The Economic Development Advisory Committee Meeting Minutes of February 3, 2022 BE RECEIVED; 
  2. Council SUPPORT and ENCOURAGE the Town, local businesses and non-profits to apply for funding through the “Charge Up Windsor-Essex County” program of Essex Powerlines to boost Electric Vehicle (EV) infrastructure as a vehicle for further economic development and investment; and, 
  3. Administration EXPLORE Electric Vehicle (EV) infrastructure as a requirement of multi-residential development.

Councillor Prue talked about how more and more vehicles will be electric in the future and that he was hoping that council would run with the committee’s recommendations. Mayor DiCarlo pointed out that Essex Powerlines is offering grants and that now is a good time to look into this initiative. 

There was a motion made to receive the minutes and the recommendations. 

Unfinished Business

Councillor Prue wondered about the urban chickens issue that had been on the unfinished business list, since there was a bylaw further in the agenda relating to the keeping and care and control of animals. He said that he had wondered what happened and had asked a former director about it but was told there were more pressing issues. (Big picture items I guess…..the pandemic crisis and urban chickens…..hmmmmm…..which item would be more pressing to you?) Anyway, it seems that this item is dealt with within the modified bylaw. 

New Business

Councillor Courtney wondered about the vaccination clinic. He wondered if council would get a fulsome report (maybe he missed the meeting where the use of the word “fulsome” got debated?….who would have thought that every time I hear that word, I can remember that meeting…..). Anyway, he wondered if there would be a report outlining costs, staffing, recovered costs etc. Mayor DiCarlo said that he would look into it. 

Councillor Courtney also wondered if the year end report from the Integrity Commissioner would be forthcoming. Someone from administration confirmed that it would be. 

CAO Simmons then interjected that he had been corrected by the Treasurer that the quarterly report would not be available at the end of May but inside the month of June instead. (So we won’t know where they took the money from for the grant application until June now I guess.)

Councillor Prue then pointed out another small typo that he had found in the animal bylaw. 

And all of a sudden, the meeting was over and it was 6:40 PM!!! The clouds parted, the sun shone down and literally through the windows into council chambers……I gleefully packed up my seat cushion and my notebook and headed home. And got this blog done on the very same night as the meeting! 

Have a great week Amherstburg! Until we meet again! 

In preparation for Monday March 28th Regular town council meeting

Monday night will be a busy one for council. First, they meet at 4:00 for a planning meeting. There is one item on the agenda : 

Statutory Public Meeting to Consider a Zoning By-law Amendment for Northeast Corner of Brunner Ave and Sandwich St N

It is recommended that: 

1. Additional comments from the public, municipal departments, agencies and Council with respect to the proposed Zoning Bylaw Amendment for lands located on the northeast corner of Brunner Avenue and Sandwich Street N (File ZBA-07-22), owned by 1603941 Ontario Inc. BE RECEIVED and brought back to a future Council meeting with any additional comments and staff recommendations. 

I generally don’t attend (or watch) planning meetings. I did once. Never again. LOL It’s painful. Development wants to come to Amherstburg and then council grills them. No thanks. This meeting is about the proposed apartment buildings on the corner of Brunner Avenue and Sandwich Street North. Hopefully council doesn’t scare them away. 

Then, the council will meet for their regular meeting at 6:00. Here are the highlights (briefly I hope.)

There is a 290 page regular agenda and then a 16 page supplementary agenda. 

DELEGATIONS (supplementary agenda)

Brock Street, Repeal and Replace Heritage Designation By-law – Vince Rosati and Tony Rosati, Rosati Group, and Jackie Lassaline, Lassaline Planning Consultants 

It looks like the bylaw to designate the old House of Shalom building (247 Brock St) has to be repealed and replaced. It appears that the delegation is in favour of this. This developer has already delegated to council several times over the past few months about this property. Hopefully, this will be it for them and they can move forward with their development. It’s gorgeous and I can’t wait to see the finished product!

St. Anthony School – Repeal and Replace the Designation By-law

The above delegation is in regards to this item on the agenda. Here is the recommendation : 

It is recommended that:

1. Council APPROVE By-Law 2022-037 (Attachment 1), a by-law which repeals the original heritage designation, By-law 2021-079 (Attachment 2)

2. Council DESIGNATE the “St. Anthony School” at 247 Brock Street by bylaw under Part IV the Ontario Heritage Act (Attachment 3).

Funding for Improving Monitoring and Public Reporting of Sewage Overflows and Bypasses

It seems that the province is offering 100% funding for improving monitoring and public reporting of sewage overflows and bypasses. The obvious recommendation is for council to take it. The question now is, will they quickly just take it and move on? Or will they have to discuss it for a while to try to show us how smart they are? 

Extension of Part Lot Control Exemption for Part of Meadow View Estates Subdivision

This looks to be a simple extension for an extra year to finalize a property. Seems to be a pretty standard request. 

Committee Vacancies and Result of Call for Applications

It seems that there are quite a few vacancies on various town committees. And to offset those vacancies, few, if any applicants. Therefore here are the recommendations : 

It is recommended that:

 1. A Call for Applications BE ADVERTISED for under strength committees as noted in the report of March 3, 2022 entitled Committee Vacancies and Result of Call for Applications;

2. Mitchell Dender BE APPOINTED to the Amherstburg Environmental Advisory Committee;

3. The Mayor’s Youth Advisory Committee composition BE REDUCED by three lay members; and,

4. The Seniors Advisory Committee composition BE REDUCED by one lay member. 

It seems that the recommendations for a reduction for two of the committees is due to a lack of applicants to fill the vacant positions and also to help the committees achieve quorum so that they can continue to meet. 

Integrity Commissioner Services

Municipalities are mandated by law to have an Integrity Commissioner. At the moment, Bruce Elman, has been the Integrity Commissioner for Windsor, Amherstburg and Lakeshore. It seems that there is some type of shared services agreement between the three communities. However, the City of Windsor issued an RFP and has selected another company (two people) to handle their Integrtiy Commissioner services. It also seems that IF council extends Mr Elman’s contract until December 2024, he has made it clear that he will not be seeing an extension after that time. Council has two options on the table (from the report) :

Option A – Engage the Services of Bruce Elman for a Three Year Contract Period (January 1, 2022-December 31, 2024) 

“Bruce Elman has held the post of Integrity Commissioner at the Town of Amherstburg since May, 2017 and is the former Dean of the University of Windsor Law School. Additionally, Mr. Elman has served as the Integrity Commissioner for the City of Windsor since August, 2011 and for the Town of Lakeshore since January, 2020. During the course of his Integrity Commissioner tenure, he has limited his appointments to the above three municipalities as noted.

Mr. Elman has indicated his willingness to provide services until December 31, 2024 or until such time as the transition to an alternative service provider occurs, on the following terms:

1. Basic remuneration of a set retainer fee of $150.00 per month and an hourly rate of $300.00 which will apply to complaint resolution, Letters of Advice, Advisory Bulletins, Policy Consultation and Advice, Brief Service, Brief Advice and any other matters involving ethical concerns;

2. No Charge for Regular Reporting to Council; 

3. No Charge for attendance at Council Meetings;

4. No Charge for Education and Training for Members of Council;

5. Education and Training for Members of Boards, Agencies, and Committees of Council will be charged at 50% of the Basic hourly rate; and 

6. No Charge for reasonable travel to and from Amherstburg, excessive or exceptional travel will be billed at actual cost;

In addition, Mr. Elman has indicated his desire to end his tenure as Integrity Commissioner as of December 31, 2024 and that he would not be seeking any further renewals of his contract. A copy of Mr. Elman’s complete proposal is attached to this report as Appendix “A” “

OR

Option B – Engage the Services of Principles Integrity for a Multi-year Contract of No Less than Three (3) Years 

“Principles Integrity was established in early 2017 and is a partnership operated by its principals Jeffrey Abrams and Janice Atwood-Petkovski, who each have over 30 years of experience working for municipalities in the fields of municipal law and governance, and now, as Integrity Commissioners. The firm serves as Integrity Commissioners to approximately 40 municipalities and other public bodies across Ontario. Principles Integrity has also been appointed as closed meeting investigator, lobbyist registrar, and/or municipal ombudsman for some of their client municipalities. Mr. Abrams and Ms. Atwood-Petkovski highlight that their career experience provides them a valuable perspective resulting from having been “consumers” and now, providers, of integrity commissioner services.

Principles Integrity proposes a multi-year contact of no less than (3) years on the following terms: 

1. Annual retainer fee of $1,000.00;

2. $1,750 per diem block fee for preparation and attendance at Workshops, Training/Orientation Sessions (half-day per diems scheduled where appropriate);

3. $275.00 hourly rate for all other services as outlined in its proposal attached hereto as Appendix “B”; 

4. Disbursements for large printing jobs that the Town cannot accommodate and mileage at $0.54/km. Given the appointments of Principles Integrity in Windsor and Lakeshore there may be some opportunities to cost share disbursements; and 

5. If required, and the Town cannot accommodate the need, the cost of private interview space and/or process servers. A full copy of the proposal from Principles Integrity and the resumes of its principals can be found at Appendix “B” to this report.”

So, what will council do? We’ll have to wait and see I guess…..

Multiple Fire Services By-law Amendments

It looks like Chief Montone has some amendments proposed for some of the current fire services bylaws. Here is the recommendation : 

It is recommended that:

1. The following amended by-laws BE APPROVED: 

• Fire Department Establishing and Regulating Bylaw
• By-law to Impose Fees for False Fire Alarms
• By-law to Regulate Open Air Burning within the Town of Amherstburg
• By-law Respecting the Sale and Setting Off of Fireworks in the Town of Amherstburg 

Park House Museum – Request for Municipal Grant

It seems that due to the large amount of staff turnover in town hall, there was an oversight and administration forgot to include the Park House Museum grant request in the 2022 operating budget. In the report, it says that it is of no fault of the Park House Museum and was an oversight by administration. They are recommending that the $8,500 grant be approved at this time and that a deficit will occur for that amount. They will try to cover this shortfall in other ways this year. 

From the report : “On March 16, 2022, it came to the attention of Administration that the request made by the Amherstburg Historic Sites Association, and its grant application, which was duly submitted to the Town on August 18, 2022, had not been included in the recommended grants in the 2022 Operating Budget. This oversight was the result of the turnover of municipal staff in the fall of 2021 and was in no way the fault of the Amherstburg Historic Sites Association. Had the application not been overlooked, the requested amount of $8,500.00 would have been recommended by Administration for approval by Council just as all other recurring grant requests were.”

A good employer knows that there is a high cost to staff turnover…..right? 

Inclusive Community Program (ICP) Final Report

The final report is in about the Inclusive Community Program and here is the recommendation : 

It is recommended that:

1. The Inclusive Community Program (ICP) Needs Assessment and Action Plan BE ADOPTED by the Town of Amherstburg with funding considerations of specific action items to be considered during budget deliberations for 2023-2028.

Use of Face Coverings or Masks within Enclosed Public Places By-law 2020-046 

The province has removed the mask mandate, so it is being recommended that the town repeal their bylaw in regards to masking. Masking is no longer mandatory in most public spaces, so it looks like council will need to repeal their bylaw. 

Economic Development Advisory Committee Meeting Minutes – February 3, 2022

The Economic Development Advisory Committee has some recommendations for council : 

• It is recommended that:
  1. The Economic Development Advisory Committee Meeting Minutes of February 3, 2022 BE RECEIVED; 
  2. Council SUPPORT and ENCOURAGE the Town, local businesses and non-profits to apply for funding through the “Charge Up Windsor-Essex County” program of Essex Powerlines to boost Electric Vehicle (EV) infrastructure as a vehicle for further economic development and investment; and, 
  3. Administration EXPLORE Electric Vehicle (EV) infrastructure as a requirement of multi-residential development.

NOTICE OF MOTION

(As introduced at the March 14, 2022, Regular Council Meeting)

Denouncement of General Jeffrey Amherst’s Statements & Actions – Councillor Simone

Councillor Simone presented her notice of motion at the last meeting. Here is a link to her motion in its entirety. https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=5836

I foresee quite a debate about this motion. 

By-law 2022-043 – A By-law to Appoint a Treasurer and Deputy Treasurer

I am including this agenda item in the pre-meeting blog, since well, the staff turnover is something else…..and I can’t keep track of who is who or what their titles are. It seems that Tracy Prince will be appointed Treasurer and that YuFang Du will be appointed as Deputy Treasurer. 

And well, those are the highlights. There are some other items, but generally, this is it….although who knows what new business could bring to the table…..I’ll be back with the post-meeting blog…..likely Tuesday night though…..have a great weekend Amherstburg!

Monday March 14th Regular town council meeting

Well I dusted off my seat cushion, grabbed a bunch of pens and a brand new notebook and headed to town hall Monday night to watch the meeting “live” and in-person for the first time in two years. I got there early, since I was worried there would be limited seating and a door-busting crowd….well, that did not happen! LOL!!! There was only myself and one other member of the public in attendance. As well, there were four people for the soccer delegation but they left right away after their delegation. 

When I arrived at town hall, it seemed strange to me, from beginning to end. First, there were new chairs in the gallery! Good news! Sort of. The chairs are not attached to one another and actually have arm rests too, so that was a bonus. However, they were not any more comfortable than the old chairs…..so…..glad I brought the seat cushion along. 

It was also very odd that I did not recognize any members of town administration (except one). I did not know who was who, nor what their titles were. They didn’t have name plates or name tags or anything…..and some of them spoke while on-line and not in person so they were projected on the screen. (At least those ones, their name and title showed up under their picture.) Otherwise, I had no idea……that was weird. I guess with all of the turnover going on, name plates may be too permanent? Maybe next time a stick-on name tag with “Hello my name is…..” would be nice!? LOL! Most of the members of administration that were there in person didn’t speak anyway…….and there was also markedly a very small number of town staff present, at least compared to what I was used to pre-COVID. 

OK! On with the show! Enough blah blah blah! 

***Deputy Mayor Meloche and Councillor Courtney were on-line for this meeting.***The rest of council was present in-person. 

2022 Draft Budget – Tim Byrne, CAO/Secretary-Treasurer, Tania Jobin, Chair, and Shelley McMullen, CFO/Director of Finance and Corporate Services, ERCA

Once again, I sat through another ERCA budget presentation. It wasn’t much, if at all different from the other ERCA presentations that I’ve sat through. I sat there looking around. I couldn’t help but notice there were only two members of town administration sitting behind me. That’s it. As well, one councillor decided to open a can of pop during the Q&A period. As much as one can try to do so quietly…..well….. You notice these types of things when it’s quiet and not very interesting I guess. 

These ERCA presentations are generally pretty uninteresting and this one was no different. Usually, the ERCA council representatives fawn all over the presentation and again, this time was no different. Councillor Prue asked about the Detroit River Cleanup and the costs. Councillor Courtney explained that the budget was passed unanimously and that it had been a tough budget for ERCA staff to prepare and that it was well presented. (Funny I don’t think I’ve ever heard him say that about the town’s budgets but who knows….maybe I missed it……)

And finally, council received the presentation from ERCA about their draft budget. The end. 

Libro Centre Outdoor Turf Upgrade Request – Terry Sawchuk, Jim Jariett, and Vancho Cirvoski, Amherstburg Minor Soccer Association (AMSA)

(**Disclaimer** I don’t know much about soccer, so I’ll do my best here. Forgive me if I get anything wrong…..)

Mr Sawchuk addressed council first. He explained that he was very excited since there has been an announcement that a League 1 Ontario soccer is coming to Amherstburg. This seems to be a pretty big deal in the soccer world. He explained that this is the best and highest league for soccer in Canada. Mr Cirvoski also addressed council. He was thankful to council and the community for supporting the sport of soccer in Amherstburg. He explained that they need good facilities to use and was very thankful for the Libro Centre. The standards are very high for the league. (And to think that back when…..people opposed the construction and the development of the Libro Centre! Think where we’d be today if the council of the day had listened to them!!!!!) Mr Sawchuk explained that they are trying to create a “Sunday Soccer in the Burg” type of event. He then went through a list of items that needed repair or upgrades…..netting, a cable in order to record and stream the games, the home bench, bleacher, sponsorships, more picnic tables, use of the field house, an outdoor storage site etc. He went on to explain that he thinks that the Libro Centre is an amazing facility and that it is underused. (Yup! Agreed!!! And there was a beautiful Libro Master Plan presented to council last year….a plan to continue to develop it, improve it, plan for it, budget for it……and council chose to put the plan on a shelf……sad…..)

Councillor Prue wondered what all of these upgrades or repairs would cost and felt that it was an enormous undertaking that would take many years. (Hence, why the Libro Centre Expansion Master Plan should have been adopted? No? I digress…..) Anyway, Ms Baillargeon, Director of Parks and Recreation said that the upgrades would cost hundreds of thousands of dollars and nothing had been budgeted in 2022 for these items. (Because I guess when council does not actually adopt a plan, it’s hard to actually plan and budget for amenities……but what do I know?…..) Ms Baillargeon said that for this year, the netting and camera installations could be possible but it seems that nothing else was budgeted for. 

Councillor Simone wondered since the delegate mentioned sports tourism, if it would be possible for the town to apply for grants to fund some of these items. Ms Baillargeon said that she could work with the group to apply for some grant funding. Councillor Renaud and Deputy Mayor Meloche asked a few questions about a licenced area. 

Councillor McArthur felt that this event would create a lot of excitement. He felt that the more people using the field and the Libro facility, the better. He felt that we should be investing in the facility and that it’s a jewel that we need to invest in. (Then, PLEASE bring back the Libro Centre Master Expansion plan and approve it!!!!!!!!!!!! Then implement it!!!!! PLEASE!!!!!!!!!!)

Mayor DiCarlo talked about what a great facility the Libro Centre is and that it has one of a very few FIFA approved pitches in the province. He felt that administration could maybe prioritize some items that could be done quickly and look at sponsorships for some of the other items. 

There was some more back and forth and some explanations of how Sunday Soccer in the Burg would be structured. 

Finally Councillor Prue made a motion to receive the delegation and for staff to create a plan for when and how the requests from the group could be accommodated. 

I thought it would go to a vote…..but no…..Councillor Courtney then raised his hand and said he was the only one who hadn’t spoken yet…..so then went on about the great opportunity….asked questions about the cable to be installed…..asked about the netting etc etc etc etc. (Is it now a requirement that each member of council must speak to every single item on the agenda? No wonder these are marathon meetings with this council…..)

Finally, it went to a vote and it passed. A plan will be created to accommodate the request from the Amherstburg Minor Soccer Association. 

(Just a side note…..if everyone has to weigh in, I will too! This does sound like a fantastic thing for Amherstburg! Look how clear and concise that was! LOL)

Addition to the Heritage Register – General Amherst High School

Wellll……back in November 2021, the Heritage Committee had recommended : 

• It is recommended that:
  1. The Heritage Committee Meeting Minutes of October 14, 2021 BE RECEIVED;
  2. The Greater Essex County District School Board BE INVITED to a future meeting of the Heritage Committee to discuss the General Amherst High School property for its heritage value; and, 
  3. Administration BE DIRECTED to initiate the study and documentation of General Amherst High School for potential placement on the Heritage Register and for future consideration of heritage designation. 

Councillor Courtney asked about the process for when eventually the school would go up for sale. Since it is owned by the school board and was paid for with taxpayer dollars, there is a process to sell the building and property before the sale is wide open to the public. He asked if it is offered first to other school boards, then to the municipality. And if those two entities refuse it, then it can go up for sale publicly. Mr Robertson, the Heritage Planner wasn’t sure but thought that the town had the right of first refusal. Mayor DiCarlo believed that Councillor Courtney was correct, in that other school boards could refuse it at fair market value, then the town could refuse it and then it could go onto the open market. 

Councillor Courtney then felt that if the building is on the properties of interest list, that would create limitations for the purchaser. He felt that the building would require a lot of repairs and wondered if all 4 portions of the building were being designated. Mr Robertson explained that it was not a designation at the moment, just a formal recognition or acknowledgement that it is a property of interest, which would require a submission of 60 days notice of demolition. (At which time, council would then likely designate the property to impede demolition…..which is what happened at 109 Park Street and a property on Bathurst Street……just pop it onto the Properties of Interest list, then the second the owners look for permits to demolish, designate it and stop them……that’s a quick summary of how the process works…..) Councillor Courtney felt that this would tie people’s hands and create red tape….he felt that some parts could be protected, like the murals but not the entire property. Mr Robertson said that by putting it on the register, it does not create red tape, it’s simply a starting point for future discussions and would then be up to the will of council. (And we already know what the will of council has been and will likely be…..just sayin’  ) Mr Robertson did explain though, that later, should council decide to designate the property as Heritage, that portions of the buildings could be designated, not the entire building. 

Deputy Mayor Meloche wondered if in the older sections, should asbestos be found, if that could handcuff future development. Mr Robertson explained that the Heritage Committee determined that the building met 4 of the 9 criteria set out by the province to be deemed historically significant. 

Councillor Prue felt that he could assuage fears. He felt that the report was simply saying certain aspects of the building were worth saving and cited some page numbers. He felt that large buildings across the province (he used to sit on committees, in case you didn’t know….he mentioned it….) have been redeveloped by the developer building around certain heritage portions. He felt that by putting the building on the properties of interest list, that should someone later purchase the building, they will know that certain parts have heritage value and that certain parts will have to stay. He felt that this was very simple. (In my opinion…..I’m always a little leery when someone gives a simple answer or “solution” to a complicated question…..but that’s just me…..It could also be because I’ve seen how this all tends to go down in the end, when the property gets designated…..not quite so simple in my opinion…..)

Mayor DiCarlo also felt that this was the appropriate path for the building. He felt that the purchasers would know that there may or may not be issues with the town about the building. He cited the work done at the former St. Anthony’s school (old House of Shalom) after it was designated. 

Deputy Mayor Meloche felt that it was better to put the building on the properties of interest list before it goes up for sale rather than later. 

So, they voted unanimously, from what I could see, to put the General Amherst building on the Properties of Interest list. The school board will get notified. I’m sure they’ll be less than thrilled…..I hear in the real estate market, potential buyers aren’t too keen to hear a property is on the Properties of Interest list……Must be because council is so easy to deal with? LOL They have a bit of a reputation you know….

Amending Development Agreement – 83 Sandwich Street S

Looks like there is some type of addition going onto the Sobeys building. Somebody from administration (no idea who or what their title is…..) said that 9,000 square feet will be added. This was passed quickly by council. This is great news for Amherstburg!

Fence By-law

There are some changes to the fence bylaw. This was passed quickly with no discussion. 

Idling By-law

There was a quick question asked about the changes to this bylaw and then it passed too. 

Collection & Waste Disposal By-law

The collection and waste disposal bylaw also had some changes. However, these changes were discussed and changed again lol. Councillor Prue felt that he tries not to always talk about Boblo (ummmm….) but that sometimes the garbage truck doesn’t make it onto the ferry for whatever reason so people leave their garbage out for one extra day for pick up. He wondered if there was the same problem elsewhere in town. Well, it seems that it does…..Mayor DiCarlo said that he has also told people to leave their garbage out an extra day if the truck doesn’t come by for whatever reason. So, some language was amended to allow for people to leave their garbage out for an extra day if the truck doesn’t come by. 

Then, Councillor Prue and Deputy Mayor Meloche spoke about allowing scavenging in people’s garbage, but not recyclables. That was amended as well. 

Mayor DiCarlo said that Amherstburg has a long history of being passionate about our garbage since we’re one of the few municipalities where we can put out an entire living room set and it will get picked up for disposal. He wondered if the 7:00 PM time to put garbage out could be moved up to 5:00 PM. Councillor Prue felt that this would allow for older people in the winter time to put the garbage out while it was still daylight (and/or not too darn cold out!)

Finally, the bylaw was passed with those amendments. 

Decorative Crosswalk Considerations

There was a delegation in June 2021 that had made a presentation requesting a rainbow crosswalk in Amherstburg. This report addresses that request as well as the idea, in a general type of way. 

The Clerk spoke and explained that originally a policy for decorative crosswalks was being proposed but that an external legal opinion was sought and this report would allow for flexibility regarding decorative crosswalks rather than having a set policy. 

Councillor Courtney spoke and said that he would be supporting this crosswalk proposal. He started to ask questions when all of a sudden an alarm started going off in the background (he appeared to be at work). I believe in the fire department they refer to that as “tones”.  Anyway, all of a sudden he said he had to go and he logged out of the meeting. 

Deputy Mayor Meloche was happy that the project to paint a crosswalk was being fully funded by a third party (the Goggin family). 

Councillor McArthur was also happy to support the proposal. He thanked Mr Linden Crain for originally bringing the idea forward and noted that the wheels of government are often slow. (No kidding!….) Councillor McArthur also thanked the Goggin family. He felt that he would like to see more art and other traffic calming measures such as this. He also felt that a fantastic location would be near the new North Star High School. 

Ultimately, the motion was made and the project will move forward. 

Gibson Gallery Accessibility

It looks like some changes are necessary at the Gibson Gallery in order to meet accessibility requirements.

At this point it was 8:05 PM and I was the ONLY member of the public in the gallery. The four delegates had left immediately following their delegation. The only other member of the public had left around 7:45 ish I think…..I really just could not take it anymore. I had gotten used to sitting in my comfy chair at home, muttering to my computer……and here I was sitting in an uncomfortable chair, muttering under a mask…..so I packed up my pens, notebook and my seat cushion and headed home. 

I didn’t watch the rest of the meeting. However, there is one important item that came along at the end. 

NOTICE OF MOTION

Denouncement of General Jeffrey Amherst’s Statements & Actions – Councillor Patricia Simone 

Councillor Simone presented her notice of motion to council, which is a denouncement of Jeffrey Amherst’s statements and actions. Here is her notice of motion : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=5780

There are many articles in the news about this motion. It seems clear (at least to me) that Councillor Simone is NOT looking to change the town’s name. Take a read of the link above, which contains the entire motion. 

My personal disappointment in all of this is…..not quite two months ago, council voted to add yet more names of people onto the Street Naming Policy. When will we learn? We need to stop (immediately) naming roads, parks or towns after people! So, council is going to denounce General Amherst’s actions and try to focus on the root meaning of the words “Amherst” and “Burg” but barely two months ago voted to add more people’s names to a list that is used to name future streets?????? Kind of hypocritical, no? Is there no lesson to be learned here? 

And that’s it, that’s all folks. Here’s my rendition of going back to town hall after a two year hiatus. It was strange, it was weird, it was different. But maybe I’ll grow to like strange, weird and different, and I’ll go back for more in two weeks? I guess anybody who has stuck with writing a political blog for six years must be a little strange, weird and different…..

See you in two weeks Amherstburg!

In preparation for Monday March 14th Regular town council meeting

Monday night’s agenda is 326 pages…..I’ll give a quick and brief rundown on it…..and then will tune in Monday night for the nitty gritty. 

Libro Centre Outdoor Turf Upgrade Request – Terry Sawchuk, Jim Jariett, and Vancho Cirvoski, Amherstburg Minor Soccer Association (AMSA)

It looks like there has been an announcement that a League 1 Ontario soccer is coming to Amherstburg. I don’t know a lot about soccer, but it seems that this is a pretty big deal. The delegates have a fairly long list of requests regarding the ball diamond at the Libro and some (many) needed upgrades. (I wonder if those were on the Libro Centre Master Plan that council shelved last year?…..you know, that planning document to allow the town to develop and maintain the Libro property……hmmmmm…..). Here are a few of things being requested : erecting netting, a communication cable to record and broadcast matches, repair player bench shelters, permanently anchor the metal fencing……and the list goes on and on. 

2022 Draft Budget – Tim Byrne, CAO/Secretary-Treasurer, Tania Jobin, Chair, and Shelley McMullen, CFO/Director of Finance and Corporate Services, ERCA

Soooooo…..I have sat through countless presentations from ERCA to council regarding their budget. This one does not appear any different from the last seven. ‘Nough said. 

Addition to the Heritage Register – General Amherst High School

Wellll……back in November 2021, the Heritage Committee had recommended : 

It is recommended that:

1. The Heritage Committee Meeting Minutes of October 14, 2021 BE RECEIVED;

2. The Greater Essex County District School Board BE INVITED to a future meeting of the Heritage Committee to discuss the General Amherst High School property for its heritage value; and, 

3. Administration BE DIRECTED to initiate the study and documentation of General Amherst High School for potential placement on the Heritage Register and for future consideration of heritage designation. 

Soooooo…….I don’t know if the second item (the meeting requested) ever happened…..but item 3 is on the agenda for Monday night. There is a report included with reasons why General Amherst should be on the properties of interest list…..so council will be looking at putting the old high school building on the properties of interest list Monday night. Which means that…..whoever ends up buying that building down the road…..no demolition…..hands will be tied…..opportunities lost…..nobody seems to want to spend money on the current heritage properties, but we’ll just add another one to the list? Ugh I have to guess that the school board is less than enthusiastic about this building getting added to the properties of interest list…..that will likely have an effect on its value. 

Amending Development Agreement – 83 Sandwich Street S

It looks like the Sobeys building is getting some type of addition. Council needs to amend the development agreement. I’m trying to be brief LOL

Fence By-law

And some changes to the fence bylaw are also on the agenda. Here’s the recommendation : 

It is recommended that:

1. The report from the Manager of Licensing and Enforcement dated February 23, 2022 regarding a new Fence By-Law BE RECEIVED; and 

2. By-law 2022-027 being a By-Law to Prohibit the Height and Description of Lawful Fences be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same; and, 

3. By-law 2002-84 BE REPEALED

Idling By-law

If memory serves me……I think Councillor Prue had been asking about the idling bylaw in relation to vehicles idling on the barge…..? Either way, the bylaw is up for some amendments. Here is the recommendation : 

It is recommended that: 

1. The report from the Manager of Licensing and Enforcement dated February 23, 2022 regarding a new Idling By-Law BE RECEIVED; and

2. By-law 2022-026 being a By-Law to Control the Idling of Vehicles and Boats be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same; and 

3. By-law 2001-43, section 2 (5) (i) (ii)(iii)(iv)(v) BE REPEALED.

Collection & Waste Disposal By-law

Another bylaw being updated. Here is the recommendation for this one :

It is recommended that: 

1. The report from the Manager of Licensing and Enforcement dated February 23, 2022 regarding a new Collection & Waste Disposal By-Law BE RECEIVED; and

2. By-law 2022-025 being a By-Law to Establish and Maintain a System for the Collection and Disposal of Waste be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same; and

3. By-law 2005-29 BE REPEALED.

Decorative Crosswalk Considerations

There was a delegation in June 2021 that had made a presentation requesting a rainbow crosswalk in Amherstburg. This report addresses that request as well as the idea, in a general type of way. 

The report is two-fold. The first portion is an “in general” type of report regarding decorative crosswalks. From the report : “Administration reviewed the requirements associated with such an installation, including traffic management and safety requirements, financial impacts (inclusive of design, 2 of 4 installation and maintenance costs), and considerations for entering into agreements with third party sponsors of such an undertaking. Administration feels confident that should Council direction be provided that all requirements can be effectively met. Administration also investigated the creation of a policy to govern requests for the installation of decorative crosswalks. Based on information available, Administration does not recommend the creation of a policy to govern such installations and instead recommends that requests for such decorative crosswalks be considered on their individual merits as they come forward.”

However, then the report addresses a specific request made in regards to the decorative crosswalk that was made last year. From the report : “Should it be the will of Council, Administration recommends that the Crosswalk be located in close proximity to North Star High School. This recommendation is the result of an Administration review of the possible locations for the Crosswalk and is being recommended for the following reasons:

 a) This location will showcase the art utilized in the installation to broad audience and would accent the new High School location; 

b) The prominence of this location will act as a deterrence to vandalism of the Crosswalk; 

c) The installation will follow a redevelopment of the roadway as a result of the High School construction and therefore is unlikely to be affected by future roadworks for a considerable period. As a result, this location will serve to maximize the life span of the Crosswalk and the accordingly, the investment of the Donor; 

d) This location benefits from recent improvements to safety considerations along the corridor while still being on a major arterial connection, offering both an opportunity for greater enjoyment while also ensuring appropriate safety considerations.”

Gibson Gallery Accessibility

It looks like some changes are necessary at the Gibson Gallery in order to meet accessibility requirements. Here is the recommendation : 

It is recommended that: 

1. The accessibility upgrades consisting of an accessible ramp, barrier free route of travel, installation of an automatic door opener, and improvements to the accessible parking space proposed for the Gibson Gallery BE UNDERTAKEN in a collaborative manner with the Fort Malden Guild of Arts as noted in the report of March 3, 2022; 

2. A 2022 expenditure not to exceed $25,000 plus HST for the provision of accessibility upgrades to the Gibson Gallery BE APPROVED in accordance with the report of March 3, 2022; and, 

3. The Treasurer BE AUTHORIZED to fund the 2022 expenditure relative to the provision of accessibility upgrades to the Gibson Gallery through a transfer from the AODA Compliance Reserve account in an amount not to exceed $25,000 plus HST. 

INFORMATION REPORTS

Proposed regulatory changes to the Fire Protection and Prevention Act. R.S.O. – Firefighter Certification 

This is the only information report that is to go before council Monday night. 

CONSENT CORRESPONDENCE

Council has seven consent correspondence items to look at. They can choose to simply receive, support or take action on any or all of them. 

• Enbridge Gas – Letter to Town of Amherstburg
• Consideration of Support for Windsor-Essex Workers – Town of Tecumseh Resolution
• Walker Aggregates – McGregor Quarry – 2021 OSSGA Community Relations Award
• Floating Accommodations on Waterways – Ministry of Northern Development, Mines, Natural Resources and Forestry
• 2022 Bursary Program Package – Municipal Engineers Association
• Mental Health Supports – Township of Woolwich Resolution
• Noise Audit Status – Multi-Municipal Wind Turbine Working Group

NOTICE OF MOTION

Denouncement of General Jeffrey Amherst’s Statements & Actions – Councillor Patricia Simone 

Councillor Simone will be presenting her notice of motion to council, which is a denouncement of Jeffrey Amherst’s statements and actions. Here is her notice of motion : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=5780

Once she presents it, she will be able to speak to it and explain it further. 

And that’s it folks! I foresee a great “debate” on a few items…..filled with some showmanship and a dash of pontification…..after all…..the election is looming closer every day…..

I’ll be back with the post-meeting blog…..likely on Tuesday night if Monday is a long one!

Monday February 28th Regular Town council meeting

Monday night’s meeting wrapped up just before 8:30 but I decided to give myself a break and write up the blog tonight (Tuesday). It seems like such a distant memory of going to town hall on Monday nights for the meetings and then writing up the blog the very same night. It’s been a good two years now…..

Here is the summary of last night’s meeting. I am going to do my darndest to be brief! For your sake and mine. 🙂 

First, council had a planning meeting at 4:00. 

Then, council had an in-camera meeting at 5:30 to discuss : 

SPECIAL IN-CAMERA MEETING

That Council move into an In-Camera Meeting of Council at 5:30 p.m. pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reason: Item A – Sections 239 (2)(b) – Personal matters about identifiable individuals, including municipal or local board employees; Section 239(2)(d) – Labour relations or employee negotiations; and, Section 239(2)(f) – Advice that is subject to solicitor/client privilege, including communications necessary for that purpose

The in-camera meeting must have gotten into a bit of over-time since the regular meeting didn’t get underway until about 6:20. (The meeting was held virtually, so I was in the comfort of my home and my Lazy-Boy chair for this one…..but I think in two weeks, meetings will be in-person again.)

BY-LAW 2022-028 By-law to appoint a Chief Administrative Officer for the Town of Amherstburg

First, Mayor DiCarlo introduced Amherstburg’s new CAO, Peter Simmons. 

The motion was made to pass the bylaw to appoint the new CAO. It did not go to a recorded vote, but I believe that each member of council raised their hand in support. (It’s not always easy to see on the computer screen, but I watched.)  CAO Simmons then addressed council and those watching the meeting. He said that he has had the chance to meet the town employees and has been greeted by some locals as well as business owners. He felt that he has been greeted warmly and felt that he was looking forward to delivering quality services to the Town of Amherstburg. So, welcome aboard CAO Simmons! I wonder how long it will take for some town residents to begin complaining about him?…..oh wait…..they already did!!! LOL! I’m keeping an open mind. I hope that CAO Simmons will lead us into a solid and growth-oriented future. 

DELEGATIONS

Better Laws for Paws – Mackenzie Porter and Sarah Aubin

The delegates began by thanking council for hearing their requests from their previous presentations. They also thanked Mr Tetler, (I think he is the Director of the Bylaw Department??? I couldn’t find his title in the staff directory…..with all of the turnover in town hall, keeping the staff directory up to date is probably now a full time job…..who can keep up?). So anyway, they thanked Mr Tetler for preparing the report. And now that I just re-read the report, I see that Mr Tetler is the Manger, Licensing and Enforcement. The delegates seemed very pleased that many of the items that they had previous addressed council about had been included in the new bylaw (for example, tethering limits and such). However, they provided a chart with dog height measurements that they wanted council to look at in terms of the size of crate that a dog could be placed in. They also noted that another recommendation was that the owner of a kennel should also reside on the property of the kennel. They thanked council for working with them and thanked council for their leadership on this bylaw to protect animals.

 Keeping of Animals and the Care and Control of Animals By-Law

Council then proceeded to discuss the new bylaw noted above and in relation to the delegation. 

Mayor DiCarlo pointed out that the bylaw had included many of their ideas. 

Councillor Prue wondered if anything was stopping council from including the three recommendations that were made to them this evening. Mr Tetler said that the town does not license kennels. He also mentioned that the size of the crate was not specified in the bylaw however if council wanted to add it in, that could be done. Councillor Prue felt that he would like to accommodate their request but asked if it would be too difficult. Then, Councillor Prue wondered about various animals that were listed as exotic pets (such as ostrich and emus etc) and wondered why they weren’t permitted here. Mr Tettler explained that those exotic pets were part of the old bylaw but that if council wanted them to be allowed, then they could change the bylaw. Councillor Prue then asked Mr Tetler to look into this issue. 

Deputy mayor Meloche wondered if council had the authority for which animals farmers can raise. Mr Tetler said that there is other legislation and separate bylaws in regards to farms. 

Councillor Courtney then said that he had reached out to Mr Tetler earlier in the day. He said that a farmer had called him and that he has a working farm dog….he explained the benefits of having his dog in the back of his truck and that if the dog were crated (as per new bylaw) that this would hinder his ability to do his job. Councillor Courtney wondered if farmers could be exempted from crating their dogs while they’re in the truck. Mr Tetler pointed out that that portion of the bylaw is there to protect animals from jumping out of the vehicle and getting hurt. Councillor Courtney mentioned that they are farm vehicles and licenced as such. Mr Tetler was unsure how an exemption could be provided, since the vehicle could drive down Sandwich Street, with the dog, yet it is not farm land. He mentioned that he would have to talk to the legal department. Councillor Courtney asked him to investigate this option since it was important to this one farmer and maybe others. He did agree that it would raise eyebrows if the truck were to go down Sandwich Street with a dog loose in the back of the cab. 

Anyway, finally a motion was made and the bylaw as it was written was passed. Mr Tetler will prepare a report in the future in regards to exotic animals and the farm dog in the back of the truck uncrated issue. 

And all of this discussion about farm dogs in the back of trucks brought back so many memories…..this issue was discussed in January 2016 when I first started writing blogs about the council meetings! Here’s the link to what happened then : https://amherstburg2.wordpress.com/2016/01/12/monday-january-11th-council-meeting/

Kind of ironic. I knew it was a familiar discussion……

Amendment to By-law 2001-43 – A By-law Regulating the Emission of Sounds – Paul Sousa, SunParlor R/C Flyers

(Preamble…..the issue of model airplanes that use combustion engines has been before council before……as it stood leading up to the meeting, they are NOT allowed as per the bylaw…..there was a report coming to council at last night’s meeting to change this and allow the use of combustion engines at the SunParlor R/C Flyers Club……and the one time that council probably should have deferred and consulted our legal department, they actually made a decision instead! One that will likely haunt them…..and us….)

Mr Sousa addressed council first. He said that his organization supports option #1, which would prohibit the use of the combustion engine planes from 8:00 PM to 9:00 AM. He explained that the club flies many types of planes and has created a no-fly zone. He showed an aerial video of the property as well as a picture which showed the no-fly zone. He then presented some facts about the flying club and explained that it is a popular activity. He went on to explain the various community activities they do (air shows, candy drop, open house etc). 

Councillor Prue wondered if it were true that some of the planes have jet engines and asked about the decibel level. Mr Sousa said yes, it’s true, they use jet engines in some of their planes and that it measures 90 decibels at 10 meters. Councillor Prue wondered how important jet motors were since they are the loudest. Mr Sousa explained that they fly all types of planes and that the decibel level is 90 decibels are either 10 meters or 10 feet…..(This was unclear, and there was some back and forth if it were meters or feet….)

Deputy Mayor Meloche mentioned that council had discussed decibel levels before and that 60 to 90 decibels was considered very loud. 

Councillor McArthur mentioned that he had gone down the 4th Concession to check out the area. He felt that from the air (the video), the property looked more significant. He wondered if the club operates during all 4 seasons and how often people use it. 

Mr Sousa said that the club is used throughout the year and has been used at times this winter. He said that about 80 people use it but that the use is spread out during the week.  He said that perhaps 4 to 6 people would be there at once but that training nights may bring more people. However, only 5 or 6 airplanes would be in the air. He also explained the no fly zone. 

Councillor Renaud noted that Mr Sousa had said that they “try not to fly over the no fly zone” and wondered how often it happened. 

Mr Sousa said that perhaps a newcomer may fly over it, because sometimes thing happen but that it is not extreme. 

At this point council received the delegation and moved on to the next delegation. 

Amendment to By-law 2001-43 – A By-law Regulating the Emission of Sounds – Tom Bateman

Mr Bateman addressed council next. He explained that he was speaking on behalf of the residents of the 4700 block of the 4th Concession. He expressed that he was vehemently opposed to the proposed amendment to the bylaw. He felt that the town would be unable to monitor the situation nor be able to enforce any violations. He felt that the Club has poor adherence to the rules as it stands and that the residents do not have faith that any restrictions would be followed. He felt that the noise level is even higher in recent years. He told council that should they proceed with an amendment to the bylaw that the residents are prepared to commence legal proceedings against the Town, property owner and Club based on the nuisance impact they would be subjected to. He reiterated that he wanted things kept status quo (which would continue to prohibit the use of combustion engines.)

Councillor McArthur noted that he hadn’t heard any talk about decibel levels. Mr Bateman said that they were measured years ago and were 90 decibels plus and from a distance of two farms away. He said that he can hear the planes in his house with the air conditioning on. He felt that the noise is extreme and he is not even outside to be able to hear it. 

Councillor McArthur wondered if the town had measured decibels. (get ready for this one…..hang on to your hats….) Mr Tetler said that the current bylaw does not have decibel measurements in it and therefore does not have a threshold. Then, there was all kinds of back and forth that public consultation was required about this issue when it had come before council two years ago. Mr Tetler explained that he had just listened to the January 2020 meeting to check on this. (Oh my…..poor guy…..sitting there listening to old meetings…..who would want to sit and do that??? LOL) Mr Tetler explained that he had only been with the Town since January (it’s now February…..so two months tops…..have I mentioned the massive turnover in town hall lately? Lol…..poor guy…..) Mr Tetler said he had listened to the meeting and did not hear an explanation in regards to public consultation. 

Councillor Prue felt it was in relation to music in the downtown core. Mr Tetler said that he hadn’t listened to that meeting yet. (LOL! Get very, very comfortable, just a word of advice….) The Clerk, Ms Critchley then intervened and said that if council wished to have public consultation then council can direct administration to do it but there is no legislation requiring public consultation. 

Councillor Courtney wondered if these air fields are located in agricultural areas in other towns. Mr Sousa said that most are on agricultural land since they need a certain amount of area. 

Councillor Simone wondered how the members were policed to ensure that they’re following the bylaws. Mr Sousa said that they police themselves and that they take members aside and talk to them if they’re in violation. They can be removed from the group if necessary. 

Councillor Courtney said that his ears perked up when he heard about possible litigation if council were to change the bylaw and allow jet engines. (Yup. As they should…..council has a bylaw that they’re going to completely change AFTER people have been living somewhere……and that certainly seems to be affecting their quality of life…..)

The Clerk said that it was the first she had heard of litigation and if council wanted advice on the situation it would have to be in-camera. (Hint hint council. But they didn’t take the hint….they pressed on….)

Councillor Courtney wanted to find a compromise since the properties had been in coexistence for 75 years and started talking about the options. Mr Bateman made it clear that jet engines are currently not allowed and that he wanted it to stay that way. Mr Bateman felt that they had tried many times and had met with the group. He felt that there is no enforcement available for the rules. He also felt that things are not like they were even 10 years ago since the size of the planes has changed and so has the noise level (gotten higher). He had looked to the town to apply and enforce the existing bylaw and had believed that their goodwill would protect them. Mr Bateman felt that the negative impacts won’t go away. 

Councillor Courtney wondered how complaints would be handled if the bylaw were passed that night. Mr Tetler explained that the complaints would be called in and that witnesses can be expected to testify in court. He said that multiple violations could lead to holding the club accountable. Councillor Courtney wondered how it would be enforceable since by the time the bylaw officer were to arrive, the offending party could be long gone. Mr Tetler explained that the witness could write down a description of the person, a vehicle and a license plate. (Seriously, I actually started to really side with Mr Bateman when I heard this…..now the witnesses have to write down information and wait for bylaw to arrive…..and then what? It sounded like it would be very difficult to enforce this new bylaw, if council were to change it…..)

Councillor McArthur mentioned that the report recommended that the bylaw be changed. He wondered if it had been looked at through a legal lens. The Clerk again mentioned going in-camera for legal advice. (And again, nobody took the hint). 

Mayor DiCarlo mentioned that there were 4 options at the end of the report : 

• Option 1  prohibited from 8:00PM to 9:00AM 
• Option 2  prohibited from 8:00PM to 9:00AM or used for more than 1 hour in total between 9:00AM and 8:00PM of one day 
• Option 3  prohibited from 8:00PM to 9:00AM or used for more than the 2nd and 4th weekend in every calendar month (Friday to Sunday)
• Option 4  Status quo – prohibited at all times

Councilllor Courtney made a motion to go with Option #3 but nobody seconded the motion. 

Then, after more back and forth and “clarification” regarding option #2, Deputy Mayor meloche made a motion for Option #1 but with a decibel level of 90 at the lot line. 

Mayor DiCarlo pointed out that if there’s going to be a measurement, like was done at the Legion, it would need to be properly measured. 

Well, that didn’t seem to matter, Deputy Mayor Meloche went ahead with the motion of option #1 with a decibel level of 90 at the lot line and Councillor McArthur seconded it. 

Then, let the flashbacks to the sound level debate at the Legion begin……..

Councillor Prue felt that he could supportion option #1 but that 90 decibels could be painful. He felt that the expert that had done the study at the Legion leaned to 60 decibels or maybe 70 decibels. He felt that the noise level shouldn’t be any more than what is allowed downtown. (I think….but maybe I’m wrong….the current bylaw doesn’t allow for amplified music outside at all….and council gave an exemption to the Legion, but I digress….) Councillor McArthur mentioned that 70 decibels would be better, Mr Sousa agreed and then Deputy Mayor Meloche adjusted his motion to 70 decibels at the lot line. (Never in my life did I ever think I would type the word “decibels” as often as I have since watching this council. But it’s not over yet…..)

Mr Bateman asked about enforcement. He wondered who would measure the decibel level and when. He felt that council was creating an unenforceable, unachievable bylaw and that it would be very problematic. ( I tend to agree with this opinion. Maybe the town has a unicorn that will show up to measure the decibels and enforce this?) 

Mr Tetler pointed out that the town does not own a decibel reader and that staff doesn’t have the necessary machines nor the training to do this. He felt that it would be difficult to enforce. 

Then Councillor Prue said that people can get an app on their phone to measure decibels. He seemed to know that it wouldn’t be perfect but that he had seen people at the Legion using phones across the street to measure decibels. (So this is what it has come to…..have town staff get an app on their phones…..) Councillor Prue then went on to acknowledge that this would not stand up in court. (um,…..so, get the app, measure the decibels, go to court, have nothing concrete or scientific, town loses. OK, I see…..we’re just going to play fast and loose I guess….)

Mayor DiCarlo felt that there were two issues at play. One being the volume and the second being the nuisance and frequency. He mentioned that council had done all they could in public, that it was either time to move on or defer. But either way, council needed to make a decision. 

Councillor Prue then made a motion for Option #1. He felt that it would be okay to allow the flyers to fly and that the others could go to court. (It seemed like Councillor Prue was simply inviting a lawsuit???? That’s my taxpayer money! Council actually wants to go to court?) Anyway, there was already a motion on the floor, so Councillor Prue couldn’t make the motion……he had to offer it up as a friendly amendment. So, Deputy mayor Meloche and Councillor McArthur agreed to drop the decibel level limit and Option #1 was now on the table…….Option 1  prohibited from 8:00PM to 9:00AM

It went to a vote, it wasn’t a recorded vote but I watched as best I could from my computer screen to theirs. 

The only councillor that voted in opposition was Councillor Courtney. 

Speaking of unicorns…..not to often I agree with Councillor Courtney, but I did here. I don’t understand why he tried to move option #3 and then later vote against Option #1, but regardless, I think this decision of council is going to cost us in the long run. Funny, most times they can’t make a decision……and Monday night, they felt compelled to make one even though it was inferred multiple times to go in-camera for legal advice. Weird. 

Road Closure of Whitewood Ridge Boulevard, Conveyance of a Portion of Whitewood Ridge Boulevard, Road Dedication of Hickory View Court as a Public Highway and Development Agreement for Hickory View Court

Long story short, it looks like some portions of streets on Boblo need to be closed due to changes of right-of-way. It seems that the Committee of Adjustment has approved the changes with some conditions. It also some seems that some lots on certain streets will remain in a natural state and won’t be developed. 

Deputy Mayor Meloche made the motion as recommended and Councillor Renaud seconded it. But not so fast folks! Councillor Prue spoke and said he hoped to be fairly brief. (He wasn’t). He and the Clerk went back and forth about the Ministry of the Environment and as much as Councillor Prue seemed to try to throw wrenches into this situation, it was all for not. Everything was in order and the motion carried. 

New Business

Parks and Reserves

Councillor McArthur noted that the playground equipment at Jack Purdy Park and at Briar Ridge Park were ripped out on Monday. He wondered what the plan was regarding funding new equipment and moving forward. 

Ms Baillargeon, Director of Parks and Recreation said the surveys were being completed and that the next step would be to issue a RFP for the new equipment. 

Then there was a discussion about which reserve fund the money would come from. Councillor Courtney felt that “Capital New” was too vague and that council should do away with the reserve and put the money into the parks reserve. 

Deputy Mayor Meloche felt that council should have a meeting just about reserves to have more clarity. CAO Simmons felt that it would be prudent to have a “fulsome” discussion about the reserves. (I heard the word “fulsome” and had to laugh……Ms Baillargeon was chastised by Councillor Prue in the past for using that word…..new CAO used the same word….not a peep…..hmmmmmm……Every time I hear the word “fulsome” it brings me right back to that meeting in my mind…..sadly LOL). Anyway, Councillor Courtney withdrew his motion about changing the reserve names and it sounds like there will be a meeting about reserves perhaps some time in May. Good to know that council is almost finished their term and needs reserves explained to them in their final hours……oh my……

Potholes

It’s the most wonderful time of the year! Not! With the freezing, thawing, freezing, thawing, salt, ice, snow…..we’ve got potholes a plenty! Councillor McArthur noted he saw employees out this past Saturday repairing some on the Second Concession. Ms Giofu, Director of Engineering and Public Works said that they get a lot of calls and appreciate people calling in to let them know where the potholes are. They have a system in place to check certain areas, but that calls are appreciated so that they can get to them quickly. So folks, if there are any big potholes out there, call public works and let them know! 

The meeting wrapped up shortly after all of this, around 8:23 PM, but who was counting? It sounds like the next meeting will be in-person, like the good ol’ days, two long years ago……Whether I decide to go in-person or decide to stay home in my pajamas, I’ll be back either way! See you then Amherstburg!