Well tonight’s meeting was about a 5 out of 10. I’ve watched worse but I’ve watched better. Maybe a 6 out of 10, since I’m feeling somewhat generous all of a sudden…..Mayor Prue only played “pass the gavel” three, maybe four times, I’m not sure, but it seemed less than last week anyway. Which was good. Hopefully that keeps trending downwards…..way, way downwards.
Council met first at 4:00 for a planning meeting.
Then they met at 5:00, in-camera 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 – Litigation Matter about an Identifiable Individual
• 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.
Item B – Litigation Matter about an Identifiable Individual • 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 shortly before 6:00. Things have definitely returned to post-election “normal”. There were only about a dozen people in attendance at tonight’s meeting. The meeting didn’t start until about 6:10. Councillor Courtney attended the meeting virtually, from what appeared to be his place of employment.
There were three declarations of pecuniary interest. First, Deputy Mayor Gibb declared about the grant funding for the taxi service since he said he had a business interest with that item. Councillor Crain declared a conflict about the User Fee bylaws since his father is part owner of the Admirals. He said he had reached out to the Integrity Commissioner today but had not heard back. Councillor Courtney also declared a conflict about the User Fee bylaws since he said he is an executive member of the Admirals and hoped that council could separate that portion of the report so that he could vote on the rest.
Report-out In-Camera
There was a motion for Item A that council follow the legal direction of counsel.
2022 Election Voting Barriers – Linda Saxon (revised agenda)
Ms Saxon addressed council via zoom. It was difficult for me to hear her and her camera was off, so I was not able to try to read lips to make up for my inability to hear. From what I gathered, she was sharing her concerns about the recent election in regards to accessibility. She listed some barriers that she felt that she encountered. She also seemed to feel that the voting methods proposed for 2026 should have consultation. She requested that council defer making a decision about the voting method until there was more consultation.
2022 Municipal Election Post Report
Councillor Pouget asked the Mayor to move this item up on the agenda since it had to do with the delegation. (I was used to Mayor DiCarlo automatically doing this at meetings when there was a delegation about an item, but I guess Mayor Prue does things somewhat differently.)
This is a pretty interesting report (at least I think so anyway) about the 2022 election format. I’m including the link for those who are interested, it’s not too long and a pretty easy read. https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=9522
Councillor Courtney noted that council had just started their term and wondered what the urgency was to pass a voting method for the 2026 election. He wondered about the cost of online voting. The Clerk, Mr Fox said that the report deals with the current situation and spoke of being in compliance with various levels of legislation.
Councillor Pouget agreed and started to propose a motion for another report about barriers and voting methods and to defer the voting method to a later date. She felt that there wasn’t a rush on making a decision on how to vote.
Councillor Crain inquired if there was an urgency to approve the report. Mayor Prue said that there is a 90-day window for administration to prepare a report after the election. The Clerk said that they had to meet that deadline and also follow up on direction from previous councils.
There was some back and forth about the report and barriers but it was stated several times that the report was about barriers and accessibility of the 2022 election. CAO Critchley said that administration could bring back a report on alternative voting methods mid term because planning and RFPs are required and that the latest to do so would be the end of 2024.
There was more back and forth and then the first round of “pass the gavel” happened. Mayor Prue passed the gavel (figuratively not literally, just for those who don’t actually watch the meeting) and said he had promised he wouldn’t do it too much this meeting. (I held my breath because it is super confusing when an invisible gavel is getting passed around and nobody seems to know where it is, just sayin’.) Mayor Prue spoke about the election signs. He liked the portion limiting election signs being up for only 21 days but felt that trying to find the appropriate location for the signs was very difficult. Regular people had a hard time knowing where exactly the property lines were. He felt that it may be more appropriate to make a bylaw that election signs have to be 5 feet from the road or sidewalk. The Clerk felt that this could be addressed in a future bylaw.
Mayor Prue also felt that the ward system vote should be discussed. He noted the 51% to 49% result in favour of a ward system. Mayor Prue noted that only 39% of the residents voted so that result was not binding but he felt that if a councillor wins only by a few votes, then that counts as a win. Mayor Prue seemed to be in favour of advancing a ward system and felt that more discussion about a ward system is necessary.
Deputy Mayor Gibb felt it was worth a discussion but had the opposite opinion. He felt that there was not enough evidence that Amherstburg should move toward a ward system but welcomed further discussion.
Councillor Courtney noted that he had put the motion forward about a ward system last term and that he wasn’t sure it would solve problems. He felt that there was a lot of innuendo about wards that was untrue when he was knocking on doors. He noted that with 51%, “it won” but that there was not a lot of education about wards and he received a lot of questions at the doors. He felt that the issue should be pursued.
(Personally, the ward issue is the proverbial dead horse in Amherstburg…..it’s been debated continuously, over and over and over again, since amalgamation in 1998…..not only did we only have 39% voter turnout, not all of the voters even answered the ward question on the ballot…..which means that the data collected is quite poor in my opinion…..but yes, please continue to waste time, energy and resources on this proverbial dead horse…..oh my…..)
Here was the recommendations as per the report :
It is recommended that:
- The report by the Municipal Clerk entitled 2022 Municipal Election Post Report dated December 12, 2022, BE RECEIVED;
- A combination of traditional voting method with the use of electronic tabulators and drive through voting locations BE APPROVED for the method of voting on Advance Voting Days for the 2026 Municipal Election;
- The traditional voting method with the use of electronic tabulators BE APPROVED for the method of voting on Election Day for the 2026 Municipal Election; and,
- By-law 2022-114 being a by-law to authorize the use of optical scanning vote tabulators in the 2022 Municipal Election be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.
There was a motion made, a fairly complicated one……and then, a breath of fresh air…..Councillor Crain suggested simply receiving item 1 (the report above) and deferring items 2, 3 and 4. It was simple and efficient. And it carried. There will be more information to come on voting methods.
Amherstburg Broadcasting Corporation – Marty Adler (revised agenda)
Mr Adler was not present and had decided to cancel his delegation.
2022 Third Quarter (Q3) Variance as at September 30th, 2022
The third quarter variance report was ready for council. There is a breakdown by department but overall there is a surplus which seems to be due to the pandemic. Here are the recommendations of what to do with the surplus money.
It is recommended that:
- The report from the Director of Corporate Services/CFO dated December 1, 2022, regarding 2022 Third Quarter Variance BE RECEIVED for information.
- That a reserve transfer BE APPROVED for the remaining balance of $205,345 for the Municipal share of Pike Road Drainage Project (July 11, 2022 & Aug 8, 2022).
- That a transfer BE APPROVED for $96,292 to the Building Reserve from Tax Stabilization Reserve to correct the 2021 year-end surplus allocation (Aug 8, 2022).
There was some discussion about the variances. The Treasurer felt that the surplus amounts would have been smaller if it weren’t for the pandemic. She also noted that there were many unfinished projects which led to surplus funds.
The Clerk reread the motion, it had changed somewhat from the one I have above from the report but I didn’t catch the changes in my notes. The motion carried.
2023 User Fees By-law
It seems that the user fees have to be evaluated annually. Some of the fees are going down, some are going up by very little, some by a whole lot and some fees are being eliminated. Here’s the link to the report in case you’re looking for any particular fees that may affect you. https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=9552
It is recommended that:
- The changes in fees and charges for the 2023 User Fees By-law BE APPROVED as outlined in the report; and,
- By-law 2022-107 being a by-law to Establish User Fees or Charges for Services, Activities or the Use of Property be taken as having been read 3 times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.
This portion of the meeting was kind of funny. Councillor McArthur declared a conflict since his daughter is part of Skate Amherstburg. Councillor Allaire declared a conflict because she is on the board of a not for profit organization that uses the Libro Centre. It seemed the only two people not in conflict for this item were Deputy Mayor Gibb and Councillor Pouget, so they made a motion to defer and it carried. So I’m really not sure when this item will come back around…..and when it does, will anybody be able to vote about it? LOL
Amherstburg Water Treatment Plant (AWTP) – Reservoir Construction and Rehabilitation – Engineering Request for Proposal Results
Councillor Courtney noted that there is a lot of work needed for the water reservoir. He noted that part of the repairs were covered by grant funding and wondered if there may be more grant money available.
Ms Gioffu, Director of Engineering said that administration always looks into grants and applies for them whenever possible. They never let a grant possibility slide by. However, she noted that she doesn’t see anything on the horizon. Councillor Courtney wondered if maybe some information should be sent to our local MPP. He felt that the expense for the water reservoir was a large task and a burden for the municipality.
Councillor Pouget agreed. She noted that the reservoir was 50 years old but that she did not have a choice but to support the repairs. She noted that members of council are obligated to provide clean drinking water or they can be held personally liable.
Deputy Mayor Gibb spoke and pointed out that this is an opportunity for all to see how important it is to invest in our infrastructure and that we should continue to invest in our infrastructure going forward.
Here is the recommendation:
It is recommended that:
1. The engineering services for the Amherstburg Water Treatment Plant – Reservoir Construction and Rehabilitation BE AWARDED to Stantec Consulting Ltd.; and
2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Stantec Consulting Ltd. for the Amherstburg Water Treatment Plant – Reservoir Construction and Rehabilitation
It carried.
Edgewater Lagoon Wetland Conversion – Tender Results
Well the Edgewater Lagoon wetland conversion was sent out for tender and the results are in. Basically, an old lagoon will be transformed into some trails and wetland area. It seems that the town is taking an old wastewater reservoir and turning it into a new wetland area. It seems this is the first time anything like this has been done in the province.
There was some discussion, but there were only two super important things mentioned in all of this (at least to me). One was Councillor McArthur asking about the timeline. Seems that the contractor will likely be on site later this week getting things going. (Very good news).
Second was that members of council asked if any grant money could be available for this project. Councillor Crain mentioned that a few members of council will be meeting with our local MPP, Anthony Leardi, later this week and that they would bring this issue to his attention.
Then, the vote was called on the recommendation below and it passed.
It is recommended that:
1. The tender for the Edgewater Lagoon Wetland Conversion BE AWARDED to Nevan Construction Inc. at a cost not to exceed $1,178,800.00 plus HST to be funded as outlined in the report from the Manager of Engineering dated November 28, 2022;
2. An over-expenditure not to exceed $170,690 including net HST BE APPROVED to be funded from the Wastewater Reserve; and, 3. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Nevan Construction Inc. for the Edgewater Lagoon Wetland Conversion.
Pike Road Drain Improvements and Auxiliary Drain Outlet – Tender Results
It looks like the Pike Road Drain services a large chunk of the Monopoly subdivision as well as the surrounding area on the Pike. The tender for the drain improvements went out and the results are in. Here is the recommendation:
It is recommended that:
1. The tender for the Pike Road Drain Improvements and Auxiliary Drain Outlet BE AWARDED to Rudak Excavating Inc. for an amount not to exceed $1,084,200.00 plus HST, to be funded as outlined in the report from the Manager of Engineering dated November 29th , 2022; and,
2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with Rudak Excavating Inc. for the Pike Road Drain Improvements and Auxiliary Drain Outlet.
Deputy Mayor Gibb noted that often people asked what the town can do to lower home insurance premiums and this new drain is a very good way to do so. He felt that it would go a long way to alleviate flooding.
The motion carried. Mayor Prue gave the distinct impression that he hopes that the RTT will find this story newsworthy.
2022 Fleet Vehicle Purchase
Well the good news is that some of our older vehicles are finally being replaced. The bad news is that each of those vehicles costs more money than what was budgeted for. The good news is that each of these vehicles is being purchased from local car dealerships. The bad news is that the chip shortage and the pandemic have wreaked havoc on the price and availability of vehicles. Anyway, here is the recommendation :
It is recommended that:
- An over-expenditure for the purchase of a full-size extended cab pick up truck not to exceed $21,217 BE APPROVED for a total cost not to exceed $66,217 including net HST and that the overexpenditure BE FUNDED from the Fleet Reserve.
- An over-expenditure for the purchase of a full-size extended cab pick up truck not to exceed $16,217 BE APPROVED for a total cost not to exceed $66,217 including net HST and that the overexpenditure BE FUNDED from the Fleet Reserve.
- An over-expenditure for the purchase of a full-size extended cab pick up truck not to exceed $16,217 BE APPROVED for a total cost not to exceed $66,217 including net HST and that the overexpenditure BE FUNDED from the Fleet Reserve.
- An over-expenditure for the purchase of a ¾ ton crew cab pick up truck not to exceed $18,143 BE APPROVED for a total cost not to exceed $67,643 including net HST and that the overexpenditure BE FUNDED from the Fleet Reserve.
There was some moaning and groaning from some members of council about the costs of the new vehicles. Mr Chamberlain, Manager of Roads explained the bidding and tender process for new vehicles. Councillor Allaire felt that the prices for the vehicles were too high. Councillor Pouget agreed and suggested postponing the purchase of one of the vehicles to try to save some money down the road. Ms Gioffu, Director of Engineering said it was council’s prerogative but that prices would likely go up in a year and that the fleet is very old. Councillor Allaire spoke again about the prices and how she had priced out a vehicle today on the internet. (Sounds like something out of Councillor Courtney’s playbook, but I digress…..googling things…..)
Councillor McArthur made the motion to buy the trucks.
It went to a vote (unrecorded)
Opposed : Councillors Allaire and Pouget
In favour : Deputy Mayor Gibb, Councillors McArthur and Crain (Since Councillor Courtney was online and it was hard for me to see, I have to assume he voted in favour otherwise it would have been 3-3 and the Mayor would have had to break the tie.
So it carried. The trucks will be ordered.
Lease Agreement with Amherstburg Broadcasting Corporation
Well this is kind of exciting!!! It looks like Amherstburg is one step closer to getting its very own radio station!! Amherstburg Broadcasting, which is owned by Martyn Adler, put forward an application to the Canadian Radio-television and Telecommunications Commission (CRTC) in 2020.
Councillor McArthur was pretty excited about this. Councillor Crain was too.
Mr Adler wasn’t present, but administration said that he felt that the report was fulsome and that he did not feel the need to attend the meeting and delegate.
Here is the recommendation :
It is recommended that:
1. The Director of Infrastructure Services and the Ontario Clean Water Agency (OCWA) BE DIRECTED to determine the feasibility of installing Amherstburg Broadcasting Corporation (Amherstburg Broadcasting) required radio antenna and equipment at the water tower;
2. Upon confirmation of the feasibility noted above, Council DIRECT the Deputy CAO/Director of Development Services, to negotiate a License of Occupation Agreement between the Town and Amherstburg Broadcasting with such agreement being consistent with agreements currently in place for other “for profit” businesses which use the water tower; and,
3. Council DIRECT Administration to bring a report back to Council on the final negotiated lease agreement for approval.
Proposed Disposition of General Amherst High School – Greater Essex County District School Board
Looks like the school board wants to know if the town is interested or not in purchasing the General Amherst High School building.
Councillor Courtney spoke and felt that he wanted to be involved in the process about the old Amherst building.
CAO Critchley explained that council would have to give direction if they were interested in purchasing the building. She noted that an appraisal and a funding plan of $20,000 to pay for the appraisal would be necessary.
Councillor Courtney made the motion to spend $20,000 on an appraisal of the building and Councillor Pouget seconded it.
Councillor Courtney felt that the old Amherst is a valuable piece of property. He noted that the town had not had good luck with other properties and mentioned a possible disposition of Belle Vue but he wondered what the plans could be for this property. He felt it was a type of “catch and release” model to help direct the future of the property. He wanted to see the sale price and have an opportunity to discuss it. Councillor Pouget felt she had some concerns about the “as is” clause about the building and felt that the cost of $20,000 as an expression of interest was a damper.
Mayor Prue felt that this proposal must go forward and noted that the building is on the property of interest list. He felt that it was worth $20,000 for an appraisal. He noted that they have to leave town hall by 2025 (due to accessibility issues) and there are only two places that they could go…..either the old Amherst High School or to go to the Libro Centre and piggy back off of the fire department. He did not want to waste this opportunity.
Mayor Prue then said he’d take the gavel back. (I had no idea he had even handed it off or where the gavel even was…..) But it seemed Deputy Mayor Gibb had no interest in holding the gavel since he came right out and said that he did not have any interest whatsoever in acquiring the old high school. He felt that we already have one heritage building that we can’t do anything with and that we are struggling to maintain the infrastructure that we already have. He felt that the costs just to maintain the old building would be quite high. He also noted how Essex had purchased the old Harrow High and just found out it would cost around $7 Million to do the necessary repairs. He again reiterated that he had no interest in acquiring this property.
Councillor Crain also said he was not in support of looking into purchasing the building. He noted he’s an alumni but that $20,000 was a lot to spend to find out what fair market value would be for the high school. He noted it would likely be a lot of money and that we already have Duffy’s and Belle Vue to take care of. He felt that we should focus on current projects.
Councillor Allaire also did not want to spend money on the old school. She felt that the purchase of St. Bernard’s was a huge loss and that since the building is already on the properties of interest list that it would not be a good choice to look into buying it. She felt that $20,000 was a lot of money and that looking into purchasing the old Amherst building was not a good choice.
Councillor McArthur felt that they had to kick the tires. He felt that council should have a say on what will happen with the property. He felt it was important to have care and control over what happens and that council could do like they did with Belle Vue and issue an expression of interest.
Councillor McArthur suggested taking the $20,000 from the contingency reserve. Councillors Courtney and Pouget (mover and seconder) were okay with that amendment.
The rules of order were waived to allow a resident to speak. Mr DiPasquale suggested designating the building to protect it.
Well it went to a vote….spend $20,000 to get an assessment of the old Amherst high school to establish a value and interest for the property.
Unrecorded vote :
Opposed : Deputy Mayor Gibb, Councillors Crain and Allaire
In Favour : Councillors Pouget, Courtney and McArthur.
Mayor Prue broke the tie and voted in favour…..so it carried. We’ll be spending $20,000 to assess the old high school building with an intention of possibly purchasing it…..
NEW BUSINESS
Councillor Allaire made a motion to have changing tables installed in the Toddy Jones washroom and the Kings Navy Yard Park washroom. The item will be forwarded to be in the 2023 budget.
It carried.
Councillor Allaire also mentioned that she had spoken with administration about moving some garbage pails from the old Amherst High school site and move them closer to the new high school site.
And all of sudden it was 7:58 PM and the meeting was adjourned!!!
So, another 2 hour meeting! Not too bad I guess! Now I get a whole month off from council meetings….but we’ll be heading into budget meetings before I know it, so I better rest up!
I won’t be back with a year end blog this year, since it’s the beginning of a new council’s term. So this is it, for me, until the new year! (Barring any crazy emergency meetings, touch wood! LOL).
Wishing all of my readers a Merry Christmas and a very Happy New Year! I’ll see you in 2023!!!