Monday April 25th Regular town council meeting

Well I decided to go in-person to Monday night’s meeting! The place was PACKED! But not for long LOL. Seems most people were there to celebrate the appointment of the new Deputy Fire Chief and the new Assistant Deputy Fire chief. After that, the room pretty much cleared out. A few people that were outside in the lobby came in and throughout the evening, people left after their delegations or after they just couldn’t take it anymore (like me) LOL. 

So Monday night’s meeting had three prevailing themes : 

1. Some members of council seem to be realizing that they haven’t accomplished much in three and half years and will be seeking re-election…..in turn, they seem to be trying to find ways for administration to take the heat for their own inefficiencies and indecisiveness…..nice try, but I saw right through that. And I sure hope others do as well. 
2. And a year and a half later, council seems to have clued in that maybe, just maybe they ought to have approved that Libro Master Expansion Plan in January 2021, you know the plan that was brought to them by administration…..the plan that council chose to just set aside…..so now there is no plan for the Libro, there is no money budgeted for said plan and there are not amenities on the docket for the Libro……
3. Some members of council also seem infatuated with Family Feud style politics, relying on “And the survey says….” to make their decisions…..surveys filled out by a few hundred people, which represents less than 1% of our population…..rather than make decisions in the best interests of the entire community (and also respecting their fiduciary responsibility), it’s easier to make decisions based on a handful of people that fill out surveys I guess. No wonder this term has been a hodge-podge of indecision and lack of vision. 

Anyway, here’s the summary. For my own sanity and well-being I’m going to try to be brief, in order not to have to relive the entire evening all over again. LOL

Appoint Deputy Fire Chief – Ron Meloche

Fire Chief Montone spoke to council and to the gallery. He spoke passionately about Mr Meloche’s achievements and successes as a member of the Amherstburg Fire Department. It seems that Mr Meloche joined the fire department in 1992 and became a captain in 2010. He moved to the role of Assistant Deputy Chief in 2016. Chief Montone listed his numerous qualifications. After that Mayor DiCarlo read from a certificate from the Town of Amherstburg recognizing Mr Meloche’s devotion and achievements. Mayor DiCarlo and Chief Montone then put on his new epaulets displaying his rank. There were several rounds of applause. Overall, it was a very positive start to the evening. 

Appoint Assistant Deputy Fire Chief – Dan Monk

Next, Chief Montone spoke about Mr Monk, the new Assistant Deputy Fire Chief. He cited his graduation from the University of Windsor in 2013 with a Bachelor of Arts degree as well as a certificate in Public Administration. He also listed his extensive qualifications in regards to firefighting. There were qualifications listed in emergency management among others. Again, Mayor DiCarlo read from a certificate from the Town of Amherstburg recognizing Mr Monk’s achievements. The Mayor and Fire Chief put on Mr Monk’s new epaulets as well. There was more applause and some photo ops. 

The bylaws were then passed to appoint both men to their new positions. Congratulations to both of them!

DELEGATIONS

Request for Expansion of Pickleball Facilities – Richard White, Amherstburg Pickleball Association

Mr White then delegated to council. He explained that he had made almost the same presentation in 2019. He was requesting that council invest and build some pickleball courts. He felt that there were three options for council. First, he mentioned that the tennis courts in Malden could be restored. Second, he mentioned an additional facility being built at the Libro Centre. Third, he mentioned that courts could have been added at the Hub (former St. Bernard’s building). He noted that he was still here and back once again and nothing had been done as of yet to build any pickleball facilities. He mentioned that he was told that the gym at St. Bernard’s was not a viable option and he felt that the Libro Centre had not been considered. (Bingo! Theme # 2 of the evening was surfacing for the first time that evening…..the Libro Centre Master Plan that was prepared, ready to go and then council didn’t approve it…..in that plan there were pickleball courts too…..but can’t make something happen without a plan and creating a budget to line up with the plan…..) Mr White noted that additional facilities have been created in other parts of Essex County. He said that the current Pickleball Association has 150 active members as well as many casual members. He went on to explain the popularity of the sport and the popularity is growing continuously. 

Mr White recommended to council that they prioritize funding and provide courts to the public. (Theme #1 and #2 of the evening mixing together beautifully here…..or not so beautifully I guess…..). He explained that there are no dedicated pickleball courts at the moment in Amherstburg and that four pickleball courts have the same footprint as one tennis court. Mr White also suggested that the Libro Centre is the best location and opportunity for new pickleball courts. He expressed that the courts are needed ASAP and then offered comparisons of other municipalities and showed how Amherstburg has fallen behind. (It seems that Kingsville has 8 courts, Lasalle has 5, Tecumseh has 10 and Windsor is building 10 at the moment….)

Councillor McArthur asked some questions of the delegate about what he was envisioning for these courts. Mr White spoke of the vision he presented to council in 2019 of having a centralized location at the Libro for pickleball. 

Councillor Prue asked staff if there was any money in the budget for pickleball courts. (LOL! Considering it is up to COUNCIL to direct administration and provide a vision and priorities…..he ought to have known the answer to this question…..why? Because the Libro Centre Master Expansion Plan is sitting in a box somewhere, instead of having been approved so that the plan could slowly be executed…..but what do I know?..…) Anyway, the short answer from Ms Baillargeon, Director, was that there is currently no funding identified for pickleball courts. Councillor Prue felt that there were so many priorities and wondered if administration had pickleball courts near the top of the list. (And again, COUNCIL is supposed to set the priorities! Theme #1 and #2 all mixed up together again! If COUNCIL wants pickleball courts to be a priority, then COUNCIL needs to direct administration to make them a priority in order to budget and plan for them!) Councillor Prue wondered if there was room at the Libro Centre or at Centennial Park for the courts. Ms Baillargeon explained that space is available at both locations but that parking would be challenging at Centennial Park when there would be tournaments etc. 

Deputy Mayor Meloche wondered if pickleball was included in the Parks Master Plan. Ms Baillargeon explained that yes it was, but that administration needed council to make a decision about the location. (oh my……decision-making has not been a forte this term…..as we can clearly see…..) Ms Baillargeon went on to explain that the Libro Centre makes the most sense since parking, infrastructure and washrooms are already there and in place. Mr White agreed that the Libro Centre was a more centralized facility and that pickleball is also growing faster than tennis. 

Councillor Simone then asked about when the Libro Master Plan was coming back to council. (Oh my!!!!! I almost choked!) Ms Baillargeon explained that they were working on it but there are a number of things that administration is working on. She felt that maybe this summer it would be back before council but that she could not commit to that since there were a number of things in the queue to be dealt with. (Dare to dream……had council approved that plan in January 2021, knowing full well it could be tweaked and modified as they moved forward…..this would all be coming together by now……) 

Deputy Mayor Meloche felt that that was the problem, that council doesn’t have a Master Plan and can’t make a decision without a vision. He worried that if the plan weren’t approved by the next budget, how things could be put in place. He wondered how council could get a good plan ASAP. (Funny thing is, council had a good plan handed to them in their laps, they rejected it, put it away and now are crying for the plan back…..oh my!!!!)

Ms Baillargeon explained that resources are limited at the moment and there are a lot of moving parts.  She felt that the plan could be massaged but that they’ll need resources for the plan to pull together. 

Deputy Mayor Meloche felt that they were dealing with an a la carte system and that they needed a financial component with the plan. (Yup. Because council did not actually approve the plan, how do you budget for a plan that does not exist??? What a mess council created by shelving the Libro Master Plan. I said it at the time, I’ve said it over and over again….this all rests on council, all of it.)

Councillor Courtney then spoke. He felt that money is tight and that a hybrid approach is best. He felt that they had to figure out how to get the best bang for the buck. He felt that the plan was based on a grant application for $54 Million that did not come to fruition. (I don’t think his memory serves correctly. Here are some links for those who need their memories refreshed.)

Here is the link to the plan presented in January 2021

https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=2399&fbclid=IwAR3C1cNOtEzDNfNO6qnieJhyv9Sr8KYBmysNgWUkipTJtNgwDqvheqsK1zY

As well, here is a news article with a picture of the concept if you’re interested

https://www.iheartradio.ca/am800/news/amherstburg-delays-10-year-plan-for-libro-centre-1.14444557

And, here is the link to the report, authored by Mr Rick Daly, that was presented to council on January 25, 2021 if you’re interested

https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=2397

Anyway, Councillor Courtney went on to say that he felt that they needed a good, consistent plan, with finances and a pecking order. He felt that they were waiting and watching and he was unsure how it would unfold. (So, again…..Council WAS provided with a plan!!!!! They rejected it! It is up to council to approve the plan and council must determine the priorities with THEIR vision!!!!!!!!!!!!!! I believe Councillor Courtney is unsure how it will unfold because council has not given any direction to administration to make things happen!!!!!!! Nobody knows how anything will unfold without a plan! And you can’t budget for short-term or long-term priorities without a plan!!!!!!!! I am trying not to yell at my computer right now, just sayin’ .) 

Mr White, the delegate noted that he had delegated over two years ago in 2019 and that nothing has changed. He felt it was necessary to keep pushing the issue for new courts since costs are escalating. Councillor Courtney felt that council needs a game plan. (Well, council had their chance and they dropped the ball. Big time.  And now we are six months away from an election…..)

Investment in Electric Vehicle Chargers – Ken Morrison, Felicia Cristofaro, and Eric Freeze, Thrive Amherstburg

Members from the THRIVE Amherstburg group then delegated to council about the need for electric vehicle chargers. Ms Cristofaro spoke first about how council had approved a climate action plan. This weekend, the town had planted trees as part of an Earth Day initiative. She explained that there will be an increased need and expectation for electric vehicle chargers with the announcement of the new battery plant coming to Amherstburg. She said that Amherstburg is a tourist town and that on the Thrive survey, 63% of the respondents said they would visit more often if chargers were available in the downtown area. She then went on to explain the two types of chargers that are available for electric vehicles. 

Mr Morrison went on to explain about funding initiatives that are currently available. He was recommending four chargers. He felt that the time to invest is now and since Amherstburg is a shareholder with Essex Powerlines, it made sense to try to secure some funding. He explained that there is a tremendous interest in electric cars and that Amherstburg needs a strategy to address this. There was a story told about someone coming from Toronto to visit Councillor Prue and that they were shocked there was nowhere to charge their car. They had to use a neighbour’s charger. 

Councillor Prue questioned the charging stations at the Libro Centre, if they were being used and if they were in operation. Ms Baillargeon said that they are currently out of service and have been for a while. It seems they require costly repairs and this is still being investigated by administration. 

The debate about electric vehicle chargers dragged on and on and on and on and on…….

Finally, Councillor McArthur made a motion to precommit $120,000 to the 2023 budget to be used to apply for electric vehicle chargers. (See? This is how it works….council sets the priorities and the vision…..) Councillor Prue agreed with the motion but felt that action is needed more quickly. (Funny that action wasn’t needed quickly for a plan for the Libro Centre Expansion Plan….could let that drag on for years…..) Anyway, he felt that the money could be taken from reserves if it were needed before 2023. There was then a lot of debate of which reserve fund to take the money. 

The debate raged on and on…..to the point that I stopped taking notes. It had gotten beyond ridiculous frankly. And you know it’s reached epic proportions of ridiculous when a recorded vote is requested…..

At one point, Councillor Courtney randomly said during one of his lengthy comments “We don’t have funding for anything”. That struck me as odd. But the whole thing had gone well beyond odd by this point anyway. 

So, finally, the vote….the motion was to pre-commit $120,000 to the 2023 budget for electric vehicle chargers, with administration doing due-diligence research…..or the money could come from reserve funds if needed prior to 2023…..

Support : Councillor McArthur, Deputy Mayor Meloche, Councillors Prue, Renaud, Simone and Mayor DiCarlo

Opposed : Councillor Courtney (At least this time his vote lined up with all his arguments, unlike his vote last week about adding properties to the heritage register….at that meeting, he spent an hour arguing against it, then voted for it…..at least this week he was consistent….)

For those who are interested, here is THRIVE’s presentation about the electric vehicle chargers https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=6290  

Zoning By-law Amendment for Brunner Avenue and Sandwich Street – Rob Piroli, Piroli Group 

Two apartment buildings are being proposed for the corner of Brunner Avenue and Sandwich Street. Mr Piroli addressed council that he has been in construction for over 30 years and has been a developer for 22 years. He explained that he builds commercial, institutional and residential buildings. He explained that with the changing and aging demographics that the demand for apartments is getting stronger by the day. He listed off all of the studies and criteria that he had satisfied. He explained that the land was zoned as commercial but that it is allowed in the town’s Official Plan for high rise building development. He explained that he needed the rezoning of the property to allow for residential development. He felt that he needed a June 1st start date in order to begin construction well before winter sets in. Mr Piroli is proposing two 6-story buildings and since his original proposal he was able to acquire three more acres of land from Honeywell. Honeywell had provided a letter of support for the development. Mr Piroli also explained that the Heritage Committee had given full approval to the concepts. He mentioned that some on council had mentioned parking concerns that he had changed the ratio of one to one, to a 1.25 to one to allow for more parking. He said that the 143 spots had been increased to 162 parking spots which exceeds the current bylaw requirement. Mr Piroli explained that he was asking for approval of his development, with conditions, in principle, as per the administrative reports. He also thanked the town planners and administration for working with him. He asked that council consider the rezoning tonight as the apartment buildings were a very good fit for Amherstburg. We are currently experiencing a housing crisis and the need for apartments is very large. (Without going into a long personal story…..he is correct! Amherstburg has a huge need for apartment buildings.)

Administration advised council that all of the requirements had been met. Deputy Mayor Meloche made the motion for approval. (For a brief moment, my heart skipped a beat. Would this get approved expeditiously? Could it be?) So, the answer was no, no it would not. 

Councillor Prue mentioned that a developer for a building on Brock Street had presented earlier at a planning meeting and was installing wiring for electric vehicles and felt that it was cheap to do. Mr Piroli felt that the information was misleading and that for him to provide chargers at his development would add 7 Million in costs for 228 units. He said that the costs for the underground conductors are through the roof. 

Then,, Councillor Prue asked how many units in the apartment building would be affordable. (Funny how he doesn’t seem to feel that council plays a role in these things…..that it is simply up to others to make affordable housing happen?) Mr Piroli explained the CMHC requirements for affordable housing and that it would set the rent at $800 per unit. Councillor Prue pressed on and asked if Mr Piroli would provide it. Mr Piroli explained that he would be unable to charge such low rent without the support of the municipality. He felt he would be able to do so if the town would waive the development fees. He explained that he is a developer and that he is there to help the community and to make money. He knows there is a need for apartment buildings and has found the right place to do it. 

Then, Councillor Prue then asked him what he would do for the environment. (I hope during the election, somebody asks the same questions of Councillor Prue.) Mr Piroli explained that there would be two electric vehicle chargers and that efficient heating and water systems would be in place. 

The debate went on and on and on….once again, I stopped taking notes. It seems so pointless sometimes. 

Finally, the motion for the recommendation to proceed with the agreement for the two apartment buildings was made by Deputy Mayor Meloche. It was seconded by Councillor Simone. It’s a shame that a recorded vote wasn’t requested. Everybody’s hand up in support. That is, all but one. Councillor Prue’s hand didn’t go up in support, nor in opposition. It appeared that he didn’t vote at all. 

Break time…..council took a 10 minute break just after 8:00

Dog Park in Amherstburg

A survey was done about a dog park for Amherstburg. The data was compiled and the report was before council with the following recommendation :

It is recommended that:

1. The Dog Park in Amherstburg report dated April 11, 2022 BE RECEIVED.

2. Council APPROVE the installation of a Dog park at the Libro Centre located at 3295 Meloche Road in the expansion lands south of the Libro Complex.

3. Council DIRECT Administration to proceed with the installation of a Dog Park at the above noted location as approved in the Capital Budget in the amount of $166,000.

Councillor Simone again mentioned the Libro Master Plan. (There’s the theme again….) She felt she was okay to approve the dog park but felt that council was piecemealing the project. (Yup. That’s exactly why that plan should have been adopted a year and a half ago. The Libro Master Plan has become like the ghost of Christmas past to this council…..keeps showing up and just can’t shake him…..)

Councillor Prue wondered if the trees that council had planted for Earth Day were in the new dog park area. It seems they are. Councillor Prue went on that council had gotten an email that day about spending money on a dog park when parks and amenities are not being replaced. 

Then, Councillor Prue just threw it out there that a pool was a priority when he was campaigning. He asked administration if a dog park was a priority for administration. Ms Baillairgeon explained that it had been a priority of council’s, they had provided direction to administration and administration had moved on their request. (Yes, because, again it is up to COUNCIL to determine priorities and provide direction to administration for them to then act and provide options and budgeting options…..funny that somebody with so much political experience wouldn’t understand this?)

Councillor McArthur seemed to take some offense from Councillor Prue’s line of comments. Councillor McArthur explained that administration took direction from council about the dog park. He noted that all of council had knocked on doors and that he was supportive of the dog park project AND a pool. He then said that administration is not going to commit to a pool, council has to do that. He mentioned that administration had come to council with a plan with a pool and council had rejected it. (And right there, a ray of sunshine broke through the cloudy skies…..a ray representing truth and due process of council and administration…..because, once again, that famous Libro Master Expansion Plan did include a pool and many other amenities and council shelved it…..if Councillor Prue wants a pool, make the motion then and make it happen. Stop trying to blame administration for council’s lack of action and vision…..it really reached an all-time high at last night’s meeting….)

Councillor Courtney mentioned that he was a member of the Parks and Recreation Committee and that there was a call for a dog park. He was shocked that the support for the Libro was so strong since he had hoped it could go at the Ranta Marina. (Probably because the Libro is central and has so much space for anything and everything….) He felt that this dog park was a tangible that council can say that they completed. (LOL! And here we are again…..tonight’s themes shining through…..so little accomplished in so much time…..and now so very little time left…..)

Then, this really was something else, and frankly out of line in my opinion….Councillor Courtney went on a tangent about needs versus wants….and then……Councillor Courtney asked Ms Baillargeon her opinion on needs versus wants (in regards to the dog park). He felt that since she didn’t have to get elected so she could just share her professional opinion on the issue……Mayor DiCarlo advised her that she did not have to answer the question and she wisely did not. 

Councillor Courtney then said he would support the dog park but that they need a better game plan going forward. (Again, time to step it up and act…..it’s not going to fall from the sky for you….)

Deputy Mayor Meloche felt that the dog park was a want, without a doubt. He pointed out that in 2014 when he was first elected, council needed to build a bank account just to be able to buy a much-needed truck. He felt that there were many comments made that evening about taking money from reserves, which is easy to say, but that council is only halfway there, in terms of having adequate reserve money on hand. He cautioned council to be wise. (I guess this is what happens when council has taken tiny tax increases this term – often well below inflation – and then realizes uh-oh…..we’ve gotten nothing done! So, let’s just pull some small amounts from reserves to get some projects done so that we can say we got something done????)

The dog park approval went to a recorded vote and it was unanimous. Everyone voted in favour. 

State of Tennis Courts at Malden Park

It seems that the tennis courts at Malden Park have reached the end of their usable life. They’re 36 years old and have been patched up many times over and just can’t be patched up again. 

There was some debate about once again, the piecemeal effect and where to build new courts. Councillor Courtney asked about the Centennial Park surveys. He wondered if a decision should be made at the meeting about the location or if council should wait for the results for the surveys. 

Ms Baillargeon explained that administration was asking council to make the decision. She explained that both the Libro and Centennial Park have room for new tennis courts, however, one site has better parking. She felt that either site would be fine but that council had to make a decision. 

Here is a little background from the pre-meeting blog with some of the report information and the recommendation : 

From the report : “Recommendation # 45 of the Parks Master Plan states ‘replace the four (4) tennis courts in Urban Amherstburg. Options for locating them on the remaining portion of Centennial Park should be explored.’ Recommendation # 73 states ‘relocate many major recreation amenities currently housed at Centennial Park to the Libro Credit Union Centre. This may include: skateboard park, ball diamonds (4), tennis courts, and basketball courts.”

It seems that the tennis courts could be relocated either to H Murray Smith Park or to the Libro Centre. Again, from the report : “Given the current locations of tennis courts Town-wide as noted above it makes sense to re-locate the Malden Park Tennis courts closer to central Amherstburg at either the Libro or H. Murray Smith Centennial Park as outlined in the Parks Master Plan. It should be noted that both locations are suitable however the Libro offers more parking and access to other sporting amenities. The Greater Amherstburg Tennis League has reached out and stated their preferred location would be H. Murray Smith Centennial 3 of 5 Park. The group is the largest outdoor tennis league in the county with over 250 members and is continually growing.”

Here is the recommendation from the report : 

It is recommended that:

1. The report on the state of tennis courts at Malden park BE RECEIVED.

2. Council APPROVE Centennial Park or the Libro Complex as the new central location in Amherstburg for the replacement of tennis courts currently located at Malden Park as per Recommendation #45 of the Parks Master Plan.

3. Funding BE DEFERRED to the 2023 Capital Budget for the replacement of 2 tennis/pickle ball courts in central Amherstburg in the amount of $550,000.

Ms Baillargeon explained that administration is still waiting on the Stillbrook piece of the puzzle for Centennial Park. (That was the proposal for an affordable senior assisted facility to be located on the corner of Victoria Street and Richmond – where the old ACS building now sits.)

Councillor Courtney wondered if Stillbrook was still an option and he asked if the survey results were ready. Ms Baillargeon said that they were leaving the option open for now since it affects the concept of the Stillbrook development. 

Councillor Courtney then felt that council shouldn’t make a decision without the survey results. He felt that his heart tells him that the center of town is Centennial and he could picture people biking and walking with rackets to the park. (Maybe in the 1970s such pictures existed…..I’ve never seen that in my lifetime in this town…..) Anyway, rather than make a decision in the best interest of the community as a whole, council opted to wait until the next meeting and make a decision based on survey results…..I’ll guess that a few hundred at most filled out the survey (less than 1% of our population…..). Funny that Ms Baillargeon’s professional opinion about more ample parking at the Libro didn’t matter on this issue…..So, we’re playing Family Feud now and will wait for the survey results. Ultimately, council only passed parts 1 and 3 of the motion : 

It is recommended that:

1. The report on the state of tennis courts at Malden park BE RECEIVED.

3. Funding BE DEFERRED to the 2023 Capital Budget for the replacement of 2 tennis/pickle ball courts in central Amherstburg in the amount of $550,000.

24 Sandwich Street South – Notice of Intent to Designate

It seems that the owner of the above noted property delegated to the Heritage Committee and requested that their property be designated as a Heritage Property. Seeing that this is the property owners wish and that the reports show that the property has heritage value, everything lines up and the property was designated without debate. 

Addition to the Heritage Register

At the last meeting, council decided to add four properties to the Properties of Interest list as part of the heritage register. This was debated quite a bit since, well, one property owner specifically asked that their home not be added to the list. Two of the other properties were vacant (and look to be in horrible condition). But they were added to the properties of interest list, which will impede the owners ability to demolish should they wish to build a new house or a new type of house (duplex or other). 

Monday night, it was being recommended that 355 Dalhousie Street be added to the properties of interest list. I believe that it sits between the two properties on Dalhousie Street from the last meeting. I read through some of the reports and I can see that this particular house does seem to have heritage value. (It probably would get added anyway even if it didn’t have much heritage value LOL). Anyway, this property was added to the list without debate and it definitely seems worthy of such. 

Electronic Meeting Participation for Members

Before the pandemic, members of council (and committee members) had to be physically present in chambers to participate in the meeting. The shutdowns brought about some changes and as you are aware, electronic participation has been permitted these past two years. It looks like this change will become permanent.

Deputy Mayor Meloche said that it was not encouraged for people to stay home from meetings and that the County had decided to limit electronic participation to three meetings per year. The Clerk explained that six meetings were included in the bylaw since that equates to roughly one quarter of the meeting. 

Deputy Mayor felt he would like to see only three meetings per year and felt that would be more beneficial. 

Councillor Prue said that he supported 6 meetings for electronic participation since he watched Councillor Courtney at the fire hall being able to participate in meetings. He noted before electronic participation was allowed that Councillor Courtney would have to miss meetings or trade shifts in order to be able to attend meetings in person. Councillor Prue felt that since COVID, electronic participation was the right thing to do since people could be ill or unable to attend in person. 

Councillor Courtney felt that 6 meetings per year was fair as a limit to online participation. He explained that two weeks ago he had COVID symptoms and would have been unable to participate in person. 

Councillor McArthur felt that there should be a rule that the member must be in Canada in order to participate electronically. 

Ultimately, the motion carried, with a limit of 6 meetings online, with a friendly amendment that the participant must be in Canada. 

Multiple Fire Services By-law Updates

There were several updates being proposed regarding fire services, including retirement age and penalties for false alarms. 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 

Chief Montone outlined various retirement age requirements in surrounding municipalities. There was discussion of changing the retirement age to the end of the year when the firefighter turns 60 years of age. 

The discussion went on and on…..ultimately I left at around 9:10 PM. The meeting was still going on and on but I just couldn’t take it anymore LOL! 

I hope you made it to the end of the blog…..sorry that it was a long one, much like the meeting! Have a great week Amherstburg! 

In preparation for Monday April 25th Regular Town council meeting

Well, two weeks ago I didn’t get any email updates about the upcoming meetings and their agendas. This week, I think I’ve gotten seven emails so far LOL. I guess they fixed the problem, whatever it was. 

First, council has a planning meeting scheduled for 3:30. (I don’t attend those…..because if you think a regular meeting is frustrating, a planning meeting brings the minutia and questions to a whole new level. And not in a good way. I’ll leave it at that.)

In one of the emails, it says that there is a special in-camera meeting scheduled for 5:00. However, when I click on the link, there’s no agenda. So, who knows?

The regular meeting is set to start at 6:00. The agenda is a mere 357 pages. Sooooo…..should I show up to watch the show (I mean meeting) in person? Or from the comfort of my home? Decisions, decisions. 

Here are the highlights :

Appoint Deputy Fire Chief – Ron Meloche

There is no attached report to this item, however at the end of the agenda is the bylaw to appoint Mr Meloche as Deputy Fire Chief. 

Appoint Assistant Deputy Fire Chief – Dan Monk

Again, no report attached, but there is a bylaw to appoint Mr Monk as Assistant Deputy FIre Chief found at the end of the agenda. 

DELEGATIONS

Request for Expansion of Pickleball Facilities – Richard White, Amherstburg Pickleball Association

I took a quick read through the delegation about Pickleball courts. It seems that they have delegated to council before the pandemic hit and stopped the process. The delegates are requesting the construction of new Pickleball courts in Amherstburg. They cite the ever growing popularity of this sport. It seems that the delegates prefer that these courts be installed at the Libro Centre. (Hmmmm, funny but I recall seeing those courts on that Libro Centre Master Expansion Plan…..you know, the plan that council didn’t adopt and just put it away on a shelf – or in a box, whatever. Makes you wonder if council would just adopt that plan, if these things could perhaps move along more efficiently?) Anyway, we’ll see what council has to say I guess. 

Investment in Electric Vehicle Chargers – Ken Morrison, Felicia Cristofaro, and Eric Freeze, Thrive Amherstburg

It looks like the local group, THRIVE Amherstburg will be presenting part two of their white paper about the Climate Action Plan. This paper is in support of council investing in the installation of Electric Vehicle Chargers. 

I took this from the conclusion of the white paper:

“Amherstburg is embarking on a Climate Action Plan. While that plan is months off, it is very safe to assume that it will need to address the increased use of electric vehicles. Thanks to Essex Powerlines, Amherstburg can make that happen now. But competition for their capped funds will be quick and fierce. 

As a reminder on November 19, 2019, Amherstburg declared a Climate Emergency and directed administration to prepare a report containing recommendations for priority action items, implementation measures and cost requirements to accelerate and urgently work towards the reduction of emissions and preparing for our climate future. 

This White Paper champions electric vehicle charging that addresses that declaration perfectly. Time is of essence to now help make this happen.”

Let’s just say that moving quickly is not one of this council’s strengths. We’ll see what happens. 

Zoning By-law Amendment for Brunner Avenue and Sandwich Street – Rob Piroli, Piroli Group 

It looks like Mr Piroli will be delegating to council to request that they approve the zoning bylaw amendment so that the development can proceed. Two apartment buildings are proposed for the corner of Brunner Avenue and Sandwich Street. HIs delegation lists off the multiple studies and reports that have met all of the requirements. It is also noted in their delegation that the Heritage Committee unanimously supported the choice of materials and design for the two buildings. The delegation is requesting council to make a decision and approve the amendment on Monday night. They note that if the decision is deferred or delayed, the project can not proceed due to rising interest rates and rising construction costs, since this will “destroy the economic viability of the project”. 

(Side bar……we need these two apartment buildings!!!!! Amherstburg NEEDS these two apartment buildings. Do your job council. Do it efficiently and expeditiously. Enough with making everybody jump through hoops of fire trying to bring great things and much-needed investments to Amherstburg.)

Dog Park in Amherstburg

A survey was done about a dog park for Amherstburg. The data was compiled and a report is coming to council with the following recommendation :

It is recommended that:

1. The Dog Park in Amherstburg report dated April 11, 2022 BE RECEIVED.

2. Council APPROVE the installation of a Dog park at the Libro Centre located at 3295 Meloche Road in the expansion lands south of the Libro Complex.

3. Council DIRECT Administration to proceed with the installation of a Dog Park at the above noted location as approved in the Capital Budget in the amount of $166,000.

I read through some of the comments from the survey…..well, let’s just say that some people have very strong views about dog parks LOL. I’m not a dog person (I have two cats), so I won’t weigh in on this one. It’s not an amenity that I will use, so my opinion isn’t as important as those who would use this new service. I’ll leave it to them to debate LOL. 

State of Tennis Courts at Malden Park

I can remember the old council debating about spending money to repair the tennis courts at Malden Park. Money has been spent to repair the tennis courts, but the report indicates (complete with pictures) how the tennis courts have reached the end of their useful life. They are 36 years old…..

From the report : “Recommendation # 45 of the Parks Master Plan states ‘replace the four (4) tennis courts in Urban Amherstburg. Options for locating them on the remaining portion of Centennial Park should be explored.’ Recommendation # 73 states ‘relocate many major recreation amenities currently housed at Centennial Park to the Libro Credit Union Centre. This may include: skateboard park, ball diamonds (4), tennis courts, and basketball courts.”

It seems that the tennis courts could be relocated either to H Murray Smith Park or to the Libro Centre. Again, from the report : “Given the current locations of tennis courts Town-wide as noted above it makes sense to re-locate the Malden Park Tennis courts closer to central Amherstburg at either the Libro or H. Murray Smith Centennial Park as outlined in the Parks Master Plan. It should be noted that both locations are suitable however the Libro offers more parking and access to other sporting amenities. The Greater Amherstburg Tennis League has reached out and stated their preferred location would be H. Murray Smith Centennial 3 of 5 Park. The group is the largest outdoor tennis league in the county with over 250 members and is continually growing.”

Here is the recommendation from the report : 

It is recommended that:

1. The report on the state of tennis courts at Malden park BE RECEIVED.

2. Council APPROVE Centennial Park or the Libro Complex as the new central location in Amherstburg for the replacement of tennis courts currently located at Malden Park as per Recommendation #45 of the Parks Master Plan.

3. Funding BE DEFERRED to the 2023 Capital Budget for the replacement of 2 tennis/pickle ball courts in central Amherstburg in the amount of $550,000.

Funny, when councils of the day started acquiring the massive amounts of land at the Libro, the plan was to eventually move all of our amenities there. The growth of our beautiful town was seen and plans were being made to eventually make that area the centre for our amenities…..and now here we are, deviating from the plan and possibly placing things willy nilly based on memories of a park that used to be….. We’ll see where the discussion goes but I bet I know who will want those courts at Centennial Park……even when it makes much more logistical sense to put them at the Libro. (Oh yes…..that Libro Master Expansion Plan….it included these courts I believe…..but the plan is sitting in a box somewhere now since council wouldn’t approve it…..)

2022 Mill and Pave Program – Tender Results

Nothing too exciting here….the town issued a request for tender. Here is the recommendation : 

It is recommended that:

1. The 2022 Mill and Pave Program Tender BE AWARDED to Armstrong Paving and Materials Group Ltd. for an amount not to exceed $661,258.62 plus H.S.T to complete rehabilitation works for Wilkinson Court, Hamilton Drive, Victoria Street South (Pickering to Simcoe), Victoria Street South (Alma to Hamilton) and Point West Drive (east side); 

2. An over-expenditure not to exceed $75,030 for the 2022 Mill and Pave Program for a total cost not to exceed $675,030 including net HST BE APPROVED to be funded as outlined in the report from the Manager of Engineering dated April 7, 2022; and,

3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Armstrong Paving and Materials Group Ltd. for the 2022 Mill and Pave program.

24 Sandwich Street South – Notice of Intent to Designate

It seems that the owner of the above noted property delegated to the Heritage Committee and requested that their property be designated as a Heritage Property. Seeing that this is the property owners wish and that the reports show that the property has heritage value, everything lines up and I would guess that the property will be designated. Here is the recommendation : 

It is recommended that:

1. Notice of Intent to Designate 24 Sandwich Street South BE GIVEN to designate the property by municipal bylaw in accordance with the Ontario Heritage Act and;

2. The Notice of Intent to Designate 24 Sandwich Street South CONTAIN the Statement of Cultural Heritage Value or Interest and the list of Heritage Attributes as recommended by the Heritage Committee.

Addition to the Heritage Register

At the last meeting, council decided to add four properties to the Properties of Interest list as part of the heritage register. This was debated quite a bit since, well, one property owner specifically asked that their home not be added to the list. Two of the other properties were vacant (and look to be in horrible condition). But they were added to the properties of interest list, which will impede the owners ability to demolish should they wish to build a new house or a new type of house (duplex or other). 

Monday night, it is being recommended that 355 Dalhousie Street be added to the properties of interest list. I believe that it sits between the two properties on Dalhousie Street from the last meeting. I read through some of the reports and I can see that this particular house does seem to have heritage value. (It probably would get added anyway even if it didn’t have much heritage value LOL). Anyway, I’m sure this property will get added to the list and it definitely seems worthy of such. 

Just to clarify, I believe that heritage properties are all about balance…..if too many properties get added as properties of interest, it waters down the ones that have merit and definitely should be “saved”. I can only hope that changes are coming for the property owners of these homes to make the system more fair for them. 

Anyway, here is the recommendation : 

It is recommended that:

1. The property at 355 Dalhousie Street be listed on The Town of Amherstburg’s Heritage Register as a non-designated property of cultural heritage value or interest in accordance with section 27(3) of the Ontario Heritage Act. 

Amending By-law to Update the Site Plan Control Area By-law

This item has to do with the Pirolo apartment building development that was delegating at the beginning of the meeting. 

Zoning By-law Amendment for Brunner Avenue and Sandwich Street

This item as well has to do with the apartment buildings. It lists all of the conditions for the property. 

Electronic Meeting Participation for Members

Before the pandemic, members of council (and committee members) had to be physically present in chambers to participate in the meeting. The shutdowns brought about some changes and as you are aware, electronic participation has been permitted these past two years. It looks like this change will become permanent. From the report : 

“With the advent of the COVID-19 pandemic, changes to the Municipal Act to provide for electronic participation were enacted to enable municipalities to have the flexibility to continue operations electronically. These changes were at first only permissible during a declared emergency, and the procedural By-law was amended in April of 2020 to allow for electronic participation in this manner. With royal assent having been granted to Bill 197, municipalities may now amend their procedural by-law to provide for electronic participation outside of a declared emergency, as a permanent change.”

If this bylaw is passed, it looks like it is being recommended that electronic participation during meetings will be permitted going forward. 

Next Generation 911 Authority Agreement

Technology is ever-changing and that will eventually bring changes to our 911 system. Who knew that eventually video can be sent and even medical information to allow for safer, faster and more informed emergency responses? Well it’s heading that way slowly. Here is the recommendation : 

It is recommended that:

1. The Report – Next Generation 911 Authority Agreement dated April 8, 2022 BE RECEIVED; and, 

2. The Mayor and Clerk BE AUTHORIZED to execute the Next generation Authority Agreement with Bell Canada. 

Multiple Fire Services By-law Updates

There are several updates being proposed regarding fire services, including retirement age and penalties for false alarms. 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 

And that’s about it for a small preview of Monday’s agenda. There are some consent correspondence items and of course the famous “unfinished business” list and the even more famous “new business” grocery list of random items for discussion……so we’ll just have to wait and see what gets served up on Monday night! I’ll be back with the post-meeting recap either Monday night or Tuesday night! See you then! Have a great weekend Amherstburg! 

Monday April 11th Regular town council meeting

Well tonight I decided to stay home and watch the meeting online. It was relatively short and sweet…..wrapped up at 7:36 PM. Not too shabby. There wasn’t much excitement, save for one item, the four houses that council would place onto the properties of interest list…..you’ll have to read through some of the boring stuff first to get to what was really the only interesting part of the meeting. Or, you can cheat, and just scroll until you get to that item. Personally, I suggest you cheat and scroll, but it’s up to you! Don’t say I didn’t warn you that it was pretty boring, except for that one part. 

**Mayor DiCarlo was absent tonight**

Councillor Prue and Councillor Courtney were present but were on a zoom link. The rest of council was in council chambers, spaced apart. 

Deputy Mayor Meloche announced that two items were removed from the agenda. They were 2021 Building Division Fleet Vehicle Purchase and Proposed regulatory changes to the Fire Protection and Prevention Act. R.S.O. – Firefighter Certification. So those two items were not discussed. 

AMA Sportsman Bob Meloche Kids Fishing Derby – Rod Ferris and Chris Drew of AMA Sportsman Association

Mr Ferris addressed council. He asked that council waive the fee for the use of the Kings Navy Yard Park for the Annual Bob Meloche Kids Fishing Derby. He explained that they are a not for profit organization and that they spend over $5,000 every year to host the event and to provide prizes, hot dogs and pop for kids and their families. 

Councillor McArthur made the motion to waive the fees and also to promote the event on the town’s social media. Councillor Renaud seconded the motion and wondered how many kids were expected. Mr Ferris said that generally they have 250 to 300 kids and they are all given prizes, chips and pop but since they haven’t been able to hold the event for the past two years (due to the pandemic), he said that potentially there could be even more kids this year. 

Councillor Prue wanted to amend the motion to waive the fee for subsequent years. He noted that the organization had never been refused the fee waiver before and that rather than have them come back year after year, the fee to use the park could be waived for subsequent years. Councillors McArthur and Renaud were okay with the amendment and so it was. 

The motion carried, no fees to be paid for this event for years to come and the event will be advertised on the town’s social media. 

Final Tax Rate By-Law 2022-44

The County tax rate is now settled and so is the Education tax for the provincial government. Council needed to approve the final tax rate bylaw, which includes the budget that they had previously adopted. 

This was approved and carried with no discussion. 

2022 Special Events Approval-Part II

It’s so great to see that some events are coming back after a long two years!!! Council needed to approve a few upcoming events and some exemptions in terms of street closures and/or noise bylaws etc. The recommendation was passed with no discussion:

It is recommended that:

1. The following events BE APPROVED:

a. Park House Museum-Music off the Back Porch: May 20, 2022-September 30, 2022 (1 Friday per month)

b. Amherstburg Freedom Museum-Ribs & Ragtime: June 11, 2022

c. Woofa-Roo Pet Fest: June 25-26, 2022 

2. An exemption from table number 3-1(2) of Noise By-law #2001-43 with respect to the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers to allow for music BE GRANTED for the following events:

a. Park House Museum-Music off the Back Porch 

b. Amherstburg Freedom Museum-Ribs & Ragtime

c. Woofa-Roo Pet Fest

3. An exemption BE GRANTED to Section 3 of the Kings Navy Yard Park By-law #2004-89 to allow for the following public event in the Kings Navy Yard Park:

a. Park House Museum-Music off the Back Porch

4. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm: 

a. Amherstburg Freedom Museum-Ribs & Ragtime

5. The Public Events Committee BE DIRECTED to confirm that the requirements identified by the Committee are met prior to issuing an event permit. 

Fryer Street Reconstruction Phase 2 – Richmond Street to Simcoe Street – Tender Results

It looks like the town had issued a request for tender for the required roadwork on Fryer Street phase 2. The prices are in and they are over the amount budgeted. Here are the recommendations : 

It is recommended that:

1. A 2022 over-expenditure not to exceed $139,515 for the Fryer Street Reconstruction Phase 2 (Richmond to Simcoe) project for a total cost not to exceed $1,989,515 including net HST BE APPROVED to be funded as outlined in the report from the Manager of Engineering dated March 31, 2022; 

2. The Tender for Fryer Street Reconstruction Phase 2– Richmond Street to Simcoe Street BE AWARDED to Sherway Contracting (Windsor) Limited. for an amount not to exceed $1,865,514.50 plus HST and the Mayor and Clerk BE AUTHORIZED to execute an agreement with Sherway Contracting (Windsor) Limited for the Fryer Street Reconstruction Phase 2– Richmond Street to Simcoe Street; and,

3. The proposal from Dillon Consulting Limited for Fryer Street Reconstruction Phase 2 – 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 2 – Contract Administration and On-Site Services for a total amount not to exceed $124,000.00 plus HST

Councillor Courtney had some questions about how the reconstruction was tendered in two separate phases. But, ultimately he made the motion for the recommendation noted above. 

Councillor McArthur noted that a resident had called and was asking about the sewer grates that were cut into the curbs and he wondered if they were that way by design. Todd Hewitt, the Manager of Engineering and Public Works, said that they were designed as such to allow for the free flow of debris as well as to avoid having grates in the bike lanes, which would improve cyclist safety. He felt that the opening may look large but that it is by no means large enough that somebody could crawl into it. 

And the motion noted above (the recommendation) carried and the meeting moved on. 

2022 Amherstburg Inflow and Infiltration Program

From the pre-meeting blog : “From the background section of the report :”The Town of Amherstburg has long experienced relatively high levels of Inflow and Infiltration (I/I) which is clean rainwater or groundwater in the sanitary sewer. There are many reasons for this, including that the Town previously had a combined sewer system which was later separated from one pipe for sanitary and storm, to a pipe each for sanitary and storm. Also, the Town’s location near the Detroit River means that river water may influence the I/I values at times. Sewer separation is a great way to reduce I/I but it is virtually impossible to totally separate a formerly combined system as the Town’s separation projects to date have been completed within the Right of Way while portions of the private property system remains combined.”

It looks like the town will be concentrating its efforts in a section of the Monopoly subdivision for this next phase. The report is pretty dry and I can only hope that the questions and discussion doesn’t drag on…..and on….”

Well, the questions didn’t drag on, but Councillor Prue did wonder about some numbers on page 148 of the report…..somebody named Wayne (no idea who he is nor his title….) from administration answered him. I won’t bore anybody with the details. If you’re super interested, they record the meeting. Knock yourself out! LOL 

This item carried. 

2022 Road Repairs Program – Award of Tender

It looks like an RFP went out for this year’s road repairs program. Here is the recommendation : 

It is recommended that:

1. The 2022 Road Repairs Program Tender BE AWARDED to Nasci Construction Services Ltd. in an amount of $149,400 plus applicable taxes; and, 

2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Nasci Construction Services Ltd. for the completion of the 2022 Road Repairs Program.

Councillor Prue asked about getting a list of the various roads where the repairs would be done. Somebody from administration (no idea of a name or title…..) said that there were various locations, many in the rural areas, on concession roads and all over the place. He said that he could get a supervisor to get a list ready. That seemed to satisfy Councillor Prue and then he made the motion for the recommendation. Councillor Courtney asked some questions and then the motion carried. 

2022 Tar and Chip Program – Tender Award

Councillor Simone moved the recommendation and Councillor Renaud seconded it. Here is the recommendation:

It is recommended that:

1. An over-expenditure not to exceed $7,000 for the 2022 Road Maintenance (Tar and Chip) Program capital project, to be funded from current taxation, BE APPROVED;

2. The 2022 Road Maintenance (Tar and Chip) Program Tender BE AWARDED to Shepley Road Maintenance Limited in an amount of $252,550 plus applicable taxes; and, 

3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Shepley Road Maintenance Limited for completion of the 2022 Tar and Chip Program.

Things were moving along but Councillor Courtney had questions. He noted that there had only been one bidder and wondered what this program would normally cost. Somebody from administration (again, no idea…..no name….no title….) explained that there is wording in the tendering process that the bidders sign that the town does not have to accept the bid if there is only one bid. Councillor Courtney wondered if the town could negotiate the rate. Somebody from administration said that they had reached out but that this was the price and they $250,000 had been budgeted. He noted that oil and gas prices are more expensive and that that is affecting prices. 

And, well, finally the motion noted above carried. 

Additions to the Heritage Register

Some important background information from the pre-meeting blog : “And some more properties being placed on the heritage register……here we go….

It is recommended that:

1. The following properties BE LISTED on The Town of Amherstburg’s Heritage Register, as a non-designated property of cultural heritage value or interest in accordance with section 27(3) of the Heritage Act 

a. 159 Gore Street;

b. 274 Seymour Street;

c. 349 Dalhousie Street; and,

d. 359 Dalhousie Street.

Here is a portion of the report that explains it quite well : “Listing a property on the Municipal Register provides interim demolition protection. The only restriction for a listed property is that the owner is legally required to give the Town 60 days written notice of intention to demolish. This 60-day time period allows Council to consider whether the property should be designated under the Ontario Heritage Act, or for demolition to be approved. Council may also request that documentation of the building for preservation be acquired prior to demolition. 

The properties on Dalhousie Street are being recommended for placement on the Register now as the Register is known to be incomplete and these properties were seen as clear candidates. Additionally, one of the properties (359 Dalhousie Street) was offered for sale with Administration receiving numerous inquiries about demolition. In case the Town was presented with a demolition request for the property in the future, Administration considered it prudent for the property to be listed on the Register and recommended such to the Heritage Committee. Thus, should the Town receive a future demolition request, the Town will have 60 days to consider the request, if the property is on the Heritage Register.”

Basically, this “simple” process, as some like to say…..means that the minute someone applies to demolish the property, council can then allow it to happen (highly unlikely) or then officially designate the property and “save” it from demolition. If you take a walk by 109 Park Street, this is what happened…..and the building is now sitting vacant and rotting. I guess in theory, it’s wonderful to “save” these buildings, but there’s no money to be had to fix it….”

This was VERY interesting…..the owner of item C (349 Dalhousie Street) had sent a letter to the town and wanted it read into the record. Mr Fox read the letter from the homeowner. The homeowner was requesting council that they not place their property on the properties of interest list since he has intentions to demolish it and redevelop the land. He said that the costs to keep the building far exceed what is reasonable to do. They went on to say that they had written confirmation from the town from a few years ago that the property was not on the properties of interest list. Since that time, they have incurred expenses to look into options for the property. They were looking, with the boutique hotel coming, to build 2 or 3 attached semi-style buildings. They are looking to have a fresh modern home, to keep one, and sell the others, which would help with the current housing crisis. Their goal was to do this within the next two years. They asked council not to add their property to the properties of interest list since that would impede their ability to demolish it and could incur more costs for development. 

(***Side bar…..it’s very important to understand that once a house is on the properties of interest list, IF/WHEN the owner puts in a demolition request, the request goes to council…..council can then either A) Grant the request and they demolish the house or B) Designate the house as heritage and stop the demolition of the house…..AND any exterior renovations to the building have to then be approved by the Heritage Committee…….and this current council has yet to give option A to anybody who has come before them…..so the odds are not in this owner’s favour…..)

Councillor Prue felt that he had just heard the letter and felt that the letter was premature since there was no application to demolish the house. He said that the owner would still be within his rights to request the demotion and then would have 60 days while it went before council. (BUT the caveat is that once that house is on the list, council can DENY the owners request to demolish it! Hence, the owner did not want their house on the darn list!)

Councillor Prue then made the motion to put all four houses on the properties of interest list. He felt that they were four amazing homes and went on to summarize the reports about each property and why he felt that they were exemplary pieces of heritage. (So…..do you think he would vote in favour of demolition for this property owner once it’s on the famous properties of interest list?)

Deputy Mayor Meloche sought some clarification that “properties of interest” were meant for further review and were not being identified as heritage, just of interest. 

Councillor Courtney then spoke. (And I have to say that I agreed wholeheartedly with him.) He noted that when the demolition request goes in, it then prompts a report to council and that in the past council has then designated the properties and stopped the demolition. 

Mr Robertson, the Heritage Planner, felt that tonight the town was not legally protecting the property. He said that 60 days written notice would be required once the demolition permit was requested and then at that point there would be a report to council. 

Councillor Courtney felt that this would stop the demolition process. (Yes, correct! If history repeats itself, it will stop it dead in its tracks….) Mr. Robertson said that it would stop it for 60 days and would allow time for a report to council and then the owner can ask permission from council regarding demolition. Councillor Courtney noted that there is currently a lengthy list of properties of interest and that the only times the houses get designated is when the owner requests a demolition permit. Mr Robertson felt that the properties weren’t designated because the owner hadn’t requested designation. He felt that when council adopts a Heritage District, that council can then protect the properties. Mr Robertson felt that council was not protecting the properties tonight…..(I would disagree…..the owner said he would be looking to demolish the house in the near future….and from the discussion, I highly doubt he’ll get councils permission to do so…..) 

Councillor Courtney spoke again and seemed to second Councillor Prue’s motion. 

Councillor McArthur then spoke about the blowback that has happened lately about heritage properties. He felt that he could appreciate not doing something immediately but noted that putting the high school on the properties of interest list created a lot of blowback, even though he still felt that it was the right decision. He noted that there are nine criteria for the properties to be considered heritage and that the homes met two to four of the nine criteria. He noted that only one criteria was legally sufficient to designate the house but wondered how many criteria would be morally acceptable. (Good question….put yourself in the homeowners shoes for a minute…..) Councillor McArthur also noted that the house at 349 Dalhousie Street was behind large shrubs and was very difficult to see even though it seemed to be a  different style. Mr Robertson confirmed that the house was built in 1947 and that it has a very unique architectural design. 

Councillor McArthur wondered if council could be opening themselves up to liability since the homeowner had documentation from the town (from 2019) giving them full steam ahead with their plans to demolish and redevelop the house. Mr Robertson, the Heritage Planner, (not a lawyer for the record) felt that no there wasn’t any liability since the house was not on the registry in 2019 and that the town is simply trying to update the list. (Side note….my own personal advice….if the property owner is reading this, go get some legal advice from a good lawyer…..)

Councillor McArthur noted that the properties on Gore Street and Seymour Street are in rough shape. Mr Robertson said that the homes are currently vacant (let that sink in for a minute) but that the property owner on Seymour Street has started some work to remedy the violations on the property. It seems that the owner of the Gore Street house is ready to remedy violations but that work has not started yet. 

Councillor Courtney then said that he was not seconding Councillor Prue’s motion to put the houses on the list, he had simply raised his hand because he had a question. Councillor Courtney then spoke of the horror story of 109 Park Street and how it was an eye opening experience for him. (Me too! I still remember that night. And I walk by that house regularly on my walks and see it rotting more and more as time goes on…..council “saved” what exactly?….) He felt that the house at 349 Dalhousie was built in 1947 and that did not seem very “heritage”. Councillor Courtney seemed to feel that council is potentially handcuffing property owners by placing their homes on the properties of interest list. (And, once again, I agreed with Councillor Courtney.) Mr Robertson felt that by placing the houses on the registry that it does not force any work to be done or any regulations but only restricts demolition (which the property owner had clearly expressed their intent in their letter to council but I digress…..)  Councillor Courtney wondered if the owner could knock down three of the four walls and “renovate” the house. Mr Robertson said that a report could be issued if the house were to be greatly altered and that council can designate a house at any time (at which point the Heritage Committee would have to approve exterior alterations I believe…..) 

Councillor Courtney spoke and wondered what would happen if council keeps putting homes on the list and the homeowners keep saying that they just can’t financially make it all work, that the repairs are too extensive and costly. Mr Robertson felt that homeowners say that all the time. He felt that if the property owner could demonstrate via an engineering report or allowing town staff to inspect it, then it could be decided if the property were beyond repair. And Councillor Courtney said that that is exactly what happened to 109 Park Street. The house was deemed too far gone and then it went to a Tribunal, was deemed historical and was “saved”. He noted that the walls and floors were caving in on this house. (Did I mention that the house now sits vacant and rotting away?) Mr Robertson noted that 109 Park Street merited designation and that ultimately the decision rested with council. (Anyone seeing where this is going?……there’s no way that this council will approve demolition of any of these properties……)

Councillor Simone noted that Mr Robertson is revamping the town’s rebate program for residents that own heritage properties. (I doubt that even revamping the program will make a dent in what some of these homes require…..but maybe? I don’t know….) Councillor Simone then seconded the motion to put the four houses on the properties of interest list. 

Councillor Renaud felt that the house at 349 Dalhousie with a build date of 1947 could have questionable heritage value and he agreed with Councillor Courtney that placing the property on the list could block potential investors. 

Deputy Mayor Meloche noted that there seemed to be resistance from council about placing item C (349 Dalhousie) on the properties of interest list. 

Councillor Simone felt that the word “handcuffed” had been used a lot, that residents are allowed additions or secondary dwellings. (LOL! After hearing council criticize the addition for the elevator at the old House of Shalom building…..sure things may be “allowed”…..but how many hoops of fire have to jumped through…..and how much expense incurred to keep council happy?…..)

Councillor Prue then spoke at length. (Almost two pages of notes, just sayin’). He felt that he had heard these arguments and that not every house would be an architectural gem. He noted only number C (LOL yes he said number C, I wonder if anybody from administration would like to point out his error? LOL!) has architectural value but that the others have historical value. He cited from the reports about who had lived in the various houses and when. He felt that all four properties should be put on the list and then wait and see what the owners want to do, that they will have 60 days after they apply for a demolition permit. (Um, the owner of 349 Dalhousie already told council they wanted to demolish it and redevelop it….) He felt that nobody was being handcuffed . Councillor Prue felt that the owners could tell the town what they want to do with the property and that if council can’t accommodate it then they will go down that road when the time comes. He felt that the town will be creating a Heritage District with a walking route from Fort Malden to Belle Vue and that heritage should not be destroyed for a triplex. He felt that the letter tonight from the homeowner was inappropriate and that the motion should be passed tonight and then see where the chips fall. He then asked for a recorded vote. 

Councillor McArthur felt that he would support the motion. He seemed to think that this would protect the town. He felt that if the homeowner wants to demolish it that they can come back and see council. He felt that having the houses on the properties of interest list would not handcuff the owners and that council can deal with the one offs as they come. 

So it went to a recorded vote….and after having heard Councillor Courtney speak in favour of the homeowners, I thought at the very least, his vote would match his words……but nope!!!!!

Every single member of council that was present tonight (only Mayor DiCarlo was absent) voted in favour of putting all 4 houses on the properties of interest list. Why did Councillor Courtney even bother saying what he did if his vote didn’t line up with his stance and his thoughts? 

Zoning By-law Amendment for 111 St. Arnaud

It looks like the owner of the above noted property has applied to have an indoor shooting range and retail space in the building. It looks like this request was previously discussed by council in February. The report goes on to cite many various noise concerns, however here is the recommendation : 

It is recommended that:

1. The application for a site-specific rezoning BE APPROVED IN PRINCIPLE and the final passing of the zoning by-law be subject to:

i) The completion of a noise study by the applicant by a qualified acoustical engineer, demonstrating that appropriate sound levels are maintained both inside and outside this facility – to meet all applicable health, safety and firearm regulations, and to maintain outdoor sound levels that do not exceed levels that currently exist at this location, and

ii) Execution of a Site Plan Agreement to the satisfaction of the Town.

2. Following the completion of the above conditions, a by-law to rezone the lands and a by-law to authorize the execution of the Site Plan Agreement BE PRESENTED at a future Council meeting. 

There were a few questions about this item. It seems that the property owner (the applicant) will have to hire a qualified person to assess the potential noise level. And then a motion was made for the recommendation and it carried. 

The rest of the meeting dragged on, it wasn’t overly exciting. There was quite a bit of discussion about the Drainage Board Meeting Minutes, some new business items and yada yada yada……the meeting adjourned at 7:36 PM. And there you have it! Two meetings in a row I was able to write up the blog on the very same night! No marathon meeting tonight! Woo hoo!!! 

See you in two weeks Amherstburg! 

In preparation for Monday April 11th Regular town council meeting

Well Monday night’s agenda is 658 pages! Yikes! I didn’t get an email notification from the town, since I’m subscribed to their system for any upcoming meetings. Weird. So, I checked the website (like the days before subscribing was an option) and found the agenda. Here are the highlights : 

DELEGATIONS

AMA Sportsman Bob Meloche Kids Fishing Derby – Rod Ferris and Chris Drew of AMA Sportsman Association

It looks like Mr Ferris and Mr Drew, on behalf of the AMA Sportsmen’s Association, are asking council’s permission to use the Kings Navy Yard Park for the annual fishing derby on June 19th. I have heard this request in past years for this event and it was always granted. I would guess that this year will be no different. 

Final Tax Rate By-Law 2022-44

The County tax rate is now settled and so is the Education tax for the provincial government. Council needs to approve the final tax rate bylaw, which includes the budget that they had previously adopted. 

2022 Special Events Approval-Part II

It’s so great to see that some events are coming back after a long two years!!! Council needs to approve a few upcoming events and some exemptions in terms of street closures and/or noise bylaws etc. Here is the recommendation : 

It is recommended that:

1. The following events BE APPROVED:

a. Park House Museum-Music off the Back Porch: May 20, 2022-September 30, 2022 (1 Friday per month)

b. Amherstburg Freedom Museum-Ribs & Ragtime: June 11, 2022

c. Woofa-Roo Pet Fest: June 25-26, 2022 

2. An exemption from table number 3-1(2) of Noise By-law #2001-43 with respect to the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers to allow for music BE GRANTED for the following events:

a. Park House Museum-Music off the Back Porch 

b. Amherstburg Freedom Museum-Ribs & Ragtime

c. Woofa-Roo Pet Fest

3. An exemption BE GRANTED to Section 3 of the Kings Navy Yard Park By-law #2004-89 to allow for the following public event in the Kings Navy Yard Park:

a. Park House Museum-Music off the Back Porch

4. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm: 

a. Amherstburg Freedom Museum-Ribs & Ragtime

5. The Public Events Committee BE DIRECTED to confirm that the requirements identified by the Committee are met prior to issuing an event permit. 

Fryer Street Reconstruction Phase 2 – Richmond Street to Simcoe Street – Tender Results

It looks like the town had issued a request for tender for the required roadwork on Fryer Street phase 2. The prices are in and they are over the amount budgeted. Here are the recommendations : 

It is recommended that:

1. A 2022 over-expenditure not to exceed $139,515 for the Fryer Street Reconstruction Phase 2 (Richmond to Simcoe) project for a total cost not to exceed $1,989,515 including net HST BE APPROVED to be funded as outlined in the report from the Manager of Engineering dated March 31, 2022; 

2. The Tender for Fryer Street Reconstruction Phase 2– Richmond Street to Simcoe Street BE AWARDED to Sherway Contracting (Windsor) Limited. for an amount not to exceed $1,865,514.50 plus HST and the Mayor and Clerk BE AUTHORIZED to execute an agreement with Sherway Contracting (Windsor) Limited for the Fryer Street Reconstruction Phase 2– Richmond Street to Simcoe Street; and,

3. The proposal from Dillon Consulting Limited for Fryer Street Reconstruction Phase 2 – 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 2 – Contract Administration and On-Site Services for a total amount not to exceed $124,000.00 plus HST

2022 Amherstburg Inflow and Infiltration Program

From the background section of the report :”The Town of Amherstburg has long experienced relatively high levels of Inflow and Infiltration (I/I) which is clean rainwater or groundwater in the sanitary sewer. There are many reasons for this, including that the Town previously had a combined sewer system which was later separated from one pipe for sanitary and storm, to a pipe each for sanitary and storm. Also, the Town’s location near the Detroit River means that river water may influence the I/I values at times. Sewer separation is a great way to reduce I/I but it is virtually impossible to totally separate a formerly combined system as the Town’s separation projects to date have been completed within the Right of Way while portions of the private property system remains combined.”

It looks like the town will be concentrating its efforts in a section of the Monopoly subdivision for this next phase. The report is pretty dry and I can only hope that the questions and discussion doesn’t drag on…..and on….

2022 Road Repairs Program – Award of Tender

It looks like an RFP went out for this year’s road repairs program. Here is the recommendation : 

It is recommended that:

1. The 2022 Road Repairs Program Tender BE AWARDED to Nasci Construction Services Ltd. in an amount of $149,400 plus applicable taxes; and, 

2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Nasci Construction Services Ltd. for the completion of the 2022 Road Repairs Program.

2022 Tar and Chip Program – Tender Award

And the tenders are in for the tar and chip program too it seems. Here is the recommendation:

It is recommended that:

1. An over-expenditure not to exceed $7,000 for the 2022 Road Maintenance (Tar and Chip) Program capital project, to be funded from current taxation, BE APPROVED;

2. The 2022 Road Maintenance (Tar and Chip) Program Tender BE AWARDED to Shepley Road Maintenance Limited in an amount of $252,550 plus applicable taxes; and, 

3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Shepley Road Maintenance Limited for completion of the 2022 Tar and Chip Program.

2021 Building Division Fleet Vehicle Purchase

Due to the pandemic and the chip shortage, two of the four new vehicles that the town ordered in 2021 were not delivered on time. One of the two vehicles has now arrived but the price has changed…..here is the recommendation : 

It is recommended that:

1. An over-expenditure for the purchase of a full-size crew cab pick up truck not to exceed $8,481 BE APPROVED for a total cost not to exceed $42,989 including net HST and that the over-expenditure BE FUNDED from the Fleet Reserve.

Additions to the Heritage Register

And some more properties being placed on the heritage register……here we go….

It is recommended that:

1. The following properties BE LISTED on The Town of Amherstburg’s Heritage Register, as a non-designated property of cultural heritage value or interest in accordance with section 27(3) of the Heritage Act 

a. 159 Gore Street;

b. 274 Seymour Street;

c. 349 Dalhousie Street; and,

d. 359 Dalhousie Street.

Here is a portion of the report that explains it quite well : “Listing a property on the Municipal Register provides interim demolition protection. The only restriction for a listed property is that the owner is legally required to give the Town 60 days written notice of intention to demolish. This 60-day time period allows Council to consider whether the property should be designated under the Ontario Heritage Act, or for demolition to be approved. Council may also request that documentation of the building for preservation be acquired prior to demolition. 

The properties on Dalhousie Street are being recommended for placement on the Register now as the Register is known to be incomplete and these properties were seen as clear candidates. Additionally, one of the properties (359 Dalhousie Street) was offered for sale with Administration receiving numerous inquiries about demolition. In case the Town was presented with a demolition request for the property in the future, Administration considered it prudent for the property to be listed on the Register and recommended such to the Heritage Committee. Thus, should the Town receive a future demolition request, the Town will have 60 days to consider the request, if the property is on the Heritage Register.”

Basically, this “simple” process, as some like to say…..means that the minute someone applies to demolish the property, council can then allow it to happen (highly unlikely) or then officially designate the property and “save” it from demolition. If you take a walk by 109 Park Street, this is what happened…..and the building is now sitting vacant and rotting. I guess in theory, it’s wonderful to “save” these buildings, but there’s no money to be had to fix it….

Zoning By-law Amendment for 111 St. Arnaud

It looks like the owner of the above noted property has applied to have an indoor shooting range and retail space in the building. It looks like this request was previously discussed by council in February. The report goes on to cite many various noise concerns, however here is the recommendation : 

It is recommended that:

1. The application for a site-specific rezoning BE APPROVED IN PRINCIPLE and the final passing of the zoning by-law be subject to:

i) The completion of a noise study by the applicant by a qualified acoustical engineer, demonstrating that appropriate sound levels are maintained both inside and outside this facility – to meet all applicable health, safety and firearm regulations, and to maintain outdoor sound levels that do not exceed levels that currently exist at this location, and

ii) Execution of a Site Plan Agreement to the satisfaction of the Town.

2. Following the completion of the above conditions, a by-law to rezone the lands and a by-law to authorize the execution of the Site Plan Agreement BE PRESENTED at a future Council meeting. 

By the way, I found a typo in the report. If anybody on council finds it too, an email to administration to let them know would be polite. Or they could point it out publicly during the meeting in an attempt to embarrass town administration…..and then wonder why we are having a massive staffing issue in town hall……

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

This is a fairly lengthy report from the Fire Chief about some proposed changes coming to Firefighter Certification. It is note-worthy that the report is recommended simply to be received for information. That means that no action is required on councils’ part, they are simply being given information. That’s it. However, I foresee at least one councillor wanting to discuss this at length…..for really, what purpose, who knows…..this could be the item that bogs the meeting down and will make us lose hope of an efficient meeting…..but who knows….we shall see. 

And that’s about it. There are some consent correspondence items and of course unfinished business and new business…..those items could bring us in so many different directions…..maybe having a live audience will help council to see that we’re not there for a show, we’re there to see business get done. 

Have a great weekend Amherstburg! I’ll be back with the post-meeting blog either Monday night or Tuesday night!