Well shockingly, the meeting that involved a 715 page agenda with two items added to a supplementary agenda managed to finish at 8:15 PM!
All members of council were present but Councillor Courtney attended the meeting virtually. He appeared to be at work.
I wrote up part of the blog on Tuesday evening…..and now will finish on Wednesday evening. 🙂
Council had met in-camera at 4:30 to discuss :
SPECIAL IN-CAMERA MEETING
That Council move into an In-Camera Meeting of Council pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reasons:
Item A – Potential Sale of Town Property:
- Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board.
Item B – Labour Arbitration Matters about Identifiable Individuals –
- Section 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees;
- Section 239(2)(d) labour relations or employee relations;
- Section 239(2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and,
- Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
I arrived at town hall around 5:45 but the in-camera meeting was over. There were only about 10 people or so in attendance in the gallery.
DELEGATIONS
Drive to Thrive Annual Event Sponsorship – Mandy Luckino, REACT Windsor-EssexÂ
Ms Luckina delegated to council first. She was there representing REACT Windsor-Essex (that stands for Recovery Education for Addictions and Complex Trauma). She explained that they were hosting an upcoming golf tournament which would be their second fundraiser this year. Her organization has offered recovery counseling services to 125 clients to date and 25 of those clients were Amherstburg residents. The program is a 12 week online program (due to the pandemic) and is offered at no charge to those in need. She mentioned that there were sponsorship packages available for council’s consideration for the upcoming golf tournament. Ms Luckino noted that there would also be social media coverage included and that she was a 20-year resident of Amherstburg. She mentioned that if anybody needed more information about the organization and how they help people, to check out their website. (Here is the link if any of my readers are interested  https://reactwindsor.ca/ )
Deputy Mayor Meloche wondered how much of a financial sponsorship or donation was being sought. Ms Luckino mentioned that anything would be appreciated. Deputy Mayor Meloche asked about the golf tournament and requested if the information could be sent to the Clerk since some members of council enjoy golfing and attending golf tournaments. Then, Deputy Mayor Meloche asked CAO Simmons if any funding were available in the budget should council choose to donate or sponsor the golf tournament. The CAO felt that there are always funds available for something like this. There was some back and forth about a motion to donate $500. There was also mention that some may attend to golf. Councillor McArthur also added that this event could be promoted on the town’s social media. Ultimately, all of it carried….there will be a donation and promotion of the event on the town’s social media.
Music Off the Back Porch – Laurie Cavanaugh, Royal Canadian Legion, Fort Malden Branch (Supplementary Agenda)
Ms Cavanaugh addressed council on behalf of the Royal Canadian Legion. She wasn’t sure how her delegation received the Music Off the Back Porch title (I’ll admit that confused me too, since that event is held at the Park House), but who knows. Ms Cavanaugh said that she had seen the agenda about the noise bylaw and wasn’t sure how it would all work out. She mentioned that the Legion had moved their patio and were looking at adding a veranda to keep the music inside. She mentioned that they advertise all bands that will be playing in the newspaper but that it wasn’t clear in the agenda how the whole thing would all work out.
Councillor Prue felt that it wasn’t clear how the Legion would know which bands to advertise in the paper with the amendment to the bylaw. Ms Cavanaugh mentioned that a 5-piece band plays inside but that one or two person bands have been playing outside since they are not loud. She mentioned that sometimes the bands are at 75 or 80 decibels.
Deputy Mayor Meloche seemed very concerned to hear that some bands are playing at 75 or 80 decibels since a limit of 70 decibels had been discussed in the past. He felt that that was a dangerous level and that already the Legion is exceeding the limit. He mentioned that it would be very difficult to enforce the noise level. Deputy Mayor Meloche felt that council would be coming between two bodies and playing a type of arbitrator role but he preferred to have a benchmark level to enforce.
Ms Cavanaugh said that if the music is too loud that they have the bands turn it down. She pointed out that there haven’t been any issues with the noise during COVID. Ms Cavanaugh also felt that the bands that play music in the parks during Open Air Weekends are louder than the music at the Legion.
Deputy Mayor Meloche brought up the 70 decibel limit again but Mayor DiCarlo pointed out that that decibel level was mentioned as an amendment to the existing noise bylaw during a previous debate but was never actually adopted.
Councillor McArthur requested to hear from the next delegate.
So, council received the delegation from Ms Cavanaugh.
Amendment to Noise By-law 2001-43 Report – Gary and Carmelina Wellman (supplementary agenda)
Mr Wellman then addressed council. He felt that the last two years that the noise level had not been too bad regarding the music on the Legion patio. However, he also noted that due to COVID there hadn’t been much activity. He felt that this past Sunday that the music was very loud. He mentioned that there was a one person band playing for 12 people on the patio and that the music was very loud.
Mr Wellman expressed that he wanted to be neighbourly but he felt that the town bylaw needed regulation. He felt that council had allowed an unchecked exception to the Legion for music on their patio back in 2019 and had not imposed any conditions. He felt that this did not work out well. Mr Wellman felt that the intent of a noise bylaw was to regulate the noise level and that noise is likely to disturb residents. He also mentioned that the noise bylaw needs to be enforced at all venues. He noted that the issue goes back four years when the bands started playing on the patio. He noted that the patio is not large and that it can hold 70 or 80 people. He felt that the music should be played only for the people seated on the patio. He noted that as the day goes on the music often gets louder. Mr Wellman also felt that he had recorded decibels over 100 during certain times.
Mr Wellman referred to Mr Colin Novack’s presentation to council in 2019. (I remember it! Mr Novack is a sound engineer! I learned more about decibels that night than I ever wanted to know LOL) Mr Wellman noted that council did not seem to take Mr Novack’s advice. (It’s like there’s something in the air when engineers or other experts present to council…..suddenly members of council are more knowledgeable than the experts…..? weird…..) Mr Wellman also noted that the Legion has been respectful in regards to noise levels by having acoustic guitars playing or other lower noise generating performances. He also felt that the town needed a noise bylaw with conditions and that if an exemption were granted then there should be a limit to the volume, the time and the number of days, for example. He felt that the Legion is seeking an exemption to the noise bylaw in perpetuity and wondered how the town would regulate the situation.
Mrs Wellman then spoke of how this problem has been ongoing for four years now and that she is tired and saddened. She felt that this is not a way to live and that she wants to be a good neighbour. She also felt that the Legion wants to be a good neighbour too. Mrs Wellman noted that things have changed over time. At one time, back in the day, Mrs Wellman felt that the Legion was a sole entity downtown. But then came development with residents and other businesses. She also noted that a hotel is coming to the area soon as well. She noted that the Legion does a lot of good in our community but that she just wanted some conditions put in place in order for it to be a win/win for everyone to move forward. Mrs Wellmann also read a letter that was published some time ago in the River Town Times. She wanted to dispel the misconception that it is only the Queen Charlotte residents that find the noise level troubling. She asked council to put themselves in their shoes and to consider where they are coming from.
Councillor Prue asked if the change of direction of the speakers had made any difference. He noted that they used to face East/West but are now North/South towards the daycare.
Mr Wellman said that it depends who is playing and that that affects the volume. He noted that this Sunday there were 12 people on the patio and he wondered how loud the music had to be for such a small crowd. He felt that there should be some effort to keep the entertainment in relation to the confines of the people that were there in attendance.
There was some back and forth about an email that Mr Wellman had sent to council on the weekend. He seemed to be supporting the Legion in the email in that it would be an onerous task for them to send out an ad each time they were having an exemption for music. Mr Wellman felt that the noise level this past Sunday did change things and he again requested that conditions be placed on any exemption to the noise bylaw.
Finally, council received Mr Wellman’s delegation.
And the debate raged on.
Amendment to By-law 2001-43
Preamble, background, historical archives…..whatever you want to call it. Amherstburg has a noise bylaw that was passed several years ago. The bylaw, as it exists, does not allow for amplified music. Therefore, if anybody wants to play amplified music outside, they need to go before council and request an exemption. This happens fairly regularly for outdoor events that happen for a day or two in town. However, in 2019, the Legion was granted this exemption from council for three days per week for a period of several months. This seems to be when the problems began……council debated adding a decibel level as a threshold. However, that did not happen. So Tuesday night, the bylaw was “amended” but not by much. Organizers or individuals will still need to request council’s permission for an exemption on an event by event basis.
Important reference material : The report with the recommendations from current administration :
https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=7587
Akoustic Engineering report to council from 2019 :
https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=7588
So, the debate began after the two delegations…..
Councillor McArthur wondered about setting a decibel level in the bylaw but noted that administration had provided a list of municipalities that did not have a decibel level in place. He felt that an exemption could be given yet there would be no regulation. Mr Tetler, Manager of Licensing and Enforcement, mentioned that if noise is entering another building and disturbing the quality of life of others then that could be a violation. Mr Tetler also noted that the town can not provide on demand service and can not attend noise complaints immediately. Sometimes they are treated one to three days later.
Councillor McArthur asked if a charge had ever been laid in regards to a noise violation. Mr Tetler replied that he had only been here, employed by the Town of Amherstburg, since January 2022 so he was unsure. (I’m sorry but this made me chuckle…..almost the entire management staff is brand new….yet councillors expect them to know what has gone on here since the dawn of time…..lol) Mr Tetler mentioned that the police department had laid a charge in April about loud noise.
Deputy Mayor Meloche felt that the town would have difficulty managing the situation if there were no level or measurable unit available, such as a decibel threshold.
Councillor Prue mentioned that there had been a large street party on Boblo over the weekend. He wondered if the organizers had applied for a permit. Mr Tetler wasn’t sure if the organizers had. (Did they have amplified music? Just curious…..)
Councillor McArthur wondered if the Legion were to apply for an exemption to the noise bylaw and it were granted, then the problems persisted, what would happen then…..Mr Tetler said that there is no enforcement if an exemption is granted. Councillor McArthur mentioned that he felt that eventually these complaints would end up in the courts.
Councillor Renaud agreed with Deputy Mayor Meloche that there should be a mechanism in place, such as a decibel level.
Mayor DiCarlo pointed out that the report noted that most municipalities do not have a decibel threshold. He felt that if the town were to impose a decibel level, then that would take a calibrated, moveable, scientific device. (For those that did not read the report, an app on a phone to measure decibels is not admissible in court and is not considered to provide an accurate reading…..) Mayor DiCarlo pointed out that to do this, it would require an investment in equipment and in time, since someone would have to be available to go on location with the device to measure the sound if there were a complaint.
Councillor Courtney talked about the difference between treble and bass sounds and how one even creates a vibration. He was hopeful that all of the parties could come together and work together. He felt that if people live downtown, they should expect noise pollution, people swearing and loud motorcycles and that they should adapt if they’re going to live there. He felt that the music on the Legion patio is a forever thing…..(hmmmmm…..but Open Air isn’t??? It has to be negotiated and renegotiated annually???? Just an observation…..)
Mr Tetler pointed out that amplified music is prohibited 24 hours per day, 365 days per year.
Councillor McArthur felt that if council passed the recommendations that they would be washing their hands of the problem. He felt that when council would grant exemptions that they wouldn’t be dealing with the problem and that likely these complaints could become civil action.
Councillor Prue hoped that the two groups could be good neighbours and noted that we want people here with open streets. He felt that council could expect more problems such as this. He also asked that people become educated about the bylaw, which is included in the recommendations.
And finally, Councillor Simone made the motion for the recommendations :
It is recommended that:
1. The report from the Manager of Licensing and Enforcement dated April 21, 2022 regarding an amendment to By-law 2001-43 BE RECEIVED for information;
2. Administration BE DIRECTED to encourage, educate and work with entities or individuals who are planning outdoor entertainment events to apply for a noise exemption for each outdoor entertainment event that has the potential to violate By-law 2001-43, A By-law Respecting the Emission of Sound in the Town of Amherstburg;
3. Administration BE DIRECTED to amend By-law 2001-43 to include within the noise exemption application process a provision that the applicant pay the cost of placing notice of such waivers in the local newspaper and that the notice be placed on the Town website;
4. Administration BE DIRECTED to develop and conduct public education regarding the By-law 2001-43; and,
5. Resolution 20200113-006 BE RESCINDED
There was a friendly amendment to #3 that multiple applications could be placed in one advertisement.
Ultimately, the motion passed. I noticed that Deputy Mayor Meloche voted in opposition. The rest voted in favour. I’m not sure how Councillor Courtney voted since he was just a tiny picture on the overhead screen and I couldn’t see if or when he raised his hand.
Playground Design, Supply and Installation for Jack Purdie and Briar Ridge Park RFP #2022-011
The playground equipment that was removed from Jack Purdie Park and from Briar Ridge Park a few months ago. There was public input requested about the two parks and there is now a report before council to replace the playground equipment.
Mayor DiCarlo declared a conflict since Jack Purdie Park is across the street from his house. Deputy Mayor Meloche took the chair for this item.
The motion was made to replace the equipment. Councillor McArthur asked about the timeline. Ms Baillargeon, Director of Parks said that it would be 8 to 16 weeks for delivery of the equipment. There were questions about which reserve funds were paying for the new park equipment. That report won’t be available for about another month.
Anyway, the motion carried. There will be new playground equipment installed in a few months in both Jack Purdie Park and in Briar Ridge Park.
I was just simply pleased that council made a decision in a timely manner…..small victory I guess lol
Transit Service – Transit Windsor Pilot Project
This is a pretty comprehensive report about a pilot project to provide Transit Service to and from Amherstburg and Windsor. This is an issue that dates back even to the old council.
Here is the recommendation from the report:
1. Administration BE DIRECTED to proceed with a 2-year transit service pilot with Transit Windsor that includes Option 3 routing and weekdays only from September to April and weekday and weekends for April to August;
2. That the Chief Administrative Officer and the Clerk BE AUTHORIZED to take any such action required to effect the recommendation noted above and sign any required documentation/agreement(s) for the implementation of the 2-year transit service pilot, satisfactory in legal form to the Clerk, in technical content to Director of Infrastructure Services and in financial content to the Chief Financial Officer; and further;
3. That an estimated operational expenditure of $200,000 and $150,000 BE APPROVED as a first charge to the 2023 and 2024 Operating Budget respectively for the 2-year transit service pilot project;
4. Council DIRECT Administration to seek any grant opportunities for the project:
a. That Administration BE APPROVED to submit an application for grant opportunities available for the project and;
b. That the Clerk and Mayor BE AUTHORIZED to sign agreements for grant opportunities offered.
There were several questions about the actual bus routes. But, ultimately, council approved the recommendations and we will have a two year pilot project providing bus service to and from LaSalle and Windsor, starting in September. Good news! Let’s see how it goes!
2nd Concession North Engineering Services – Request for Proposal Results
Well, now that the bridge is finally done, it’s time to get the rest of the 2nd Concession up to snuff. The Request for Proposal went out and the results are in. Here is the recommendation:
It is recommended that:
1. The engineering services for the rehabilitation / reconstruction of 2nd Concession North from South Riverview Drive to County Road 10 BE AWARDED to Hrycay Consulting Engineers Inc.;
2. An over-expenditure of $13,005 BE APPROVED for a total not to exceed $138,005.00 (including net HST) to be funded as outlined in the report from the Manager of Engineering dated May 24th, 2022; and,
3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Hrycay Consulting Engineers Inc. for the Engineering Services for 2nd Concession North Rehabilitation / Reconstruction.
This passed with very little discussion.
Site Plan and Development Agreement- 225 Sandwich St N, Riverview Apartments Phase 1
This is exciting!!! This item is in regards to the Piroli development of apartment buildings on Sandwich Street, near the old General Chemical property. The developer has already appeared before council several times. Well, the site plan is ready and administration is recommending that council approve the site plan so that this development can proceed in a timely manner.
And, council did just that!!! There was a little bit of discussion and the site plan was approved!!! Fantastic news! The apartment buildings will be a reality!
The rest of the items on the agenda were carried efficiently with either very little discussion or often none at all. The meeting was racing to the finish line!!!
And bada bing bada boom, it was 8:15 and there was a motion to adjourn! What a pleasant and refreshing surprise!
And that’s it, that’s all! I’ll see you in two weeks Amherstburg! Maybe I’ll see you at Open Air this weekend! 🙂