Well tonight was a very, very confusing night. Watching the meeting was like trying to watch somebody herd a group of twenty kittens into a shoe box.
There were times that I had no idea what was going on. There were times the people in the gallery had no idea what was going on. There were times that council had no idea what was going on. I may age myself here, but if you’ve ever seen Abbot and Costello’s act of “Who’s on first”…..well that would about sum up this evening’s fiasco of a meeting. Maybe it would have been easier to follow if we knew where the gavel was and who was in charge of the meeting? Maybe rather than prioritizing passing the gavel in order to speak, perhaps retaining the gavel, speaking less and just actually chairing the meeting would create for a more organized meeting?
The meeting started out with Mayor Prue saying that he’s been getting emails, phone calls and that there is a blogger asking questions about why he passes the gavel. He feels that that is the way to run a meeting properly. Mayor Prue felt that by passing the gavel it signifies to whom members of council should be directing their questions. He explained that when the mayor wants to speak he then passes the gavel. He noted that this must always be done if the Mayor wants to make a motion. Mayor Prue felt that he had never been in a place where the rules of order were followed…..(wow! Kind of a big insult to former Mayor DiCarlo and former Mayor Hurst…..to say that former mayors weren’t following the rules of order????……I only attended two meetings when Mr Hurst was mayor and he ran a VERY tight ship….I’ve also heard that from people that attended many of his meetings…..I attended almost every meeting while Mr DiCarlo was Mayor and while he definitely wasn’t as strict as Mr Hurst, he often referred to the rules of order and even sometimes had the Clerk double check items to be sure……).
Councillor McArthur asked a very good question that didn’t really get answered LOL. He asked if the Mayor should take back the gavel after he finishes speaking or only after the matter before council is disposed of…..The Mayor didn’t really answer that question or at least not clearly.
So, since I find it to be a very confusing practice and I know many of my readers have asked me questions about it, I found this fascinating article explaining the “pass the gavel” process as per Robert’s Rules of Order. If I’m reading it and understanding it correctly, it seems that once the gavel is passed, it shouldn’t go back to the chair until the item is dispensed…..it shouldn’t be passed back and forth like a bowl of chips during the same item discussion. I guess it could be seen as influencing the vote rather than chairing the meeting? But, read for yourself, here’s the link https://jurassicparliament.com/pass-the-gavel/?fbclid=IwAR3Khxl0maqVI0JBv2BMkQrD2h3TuB9IseH4-IVpVwvzGpD2H7woA0QTQ2Y
But regardless of the article and all that it states, it appears that the “Pass the gavel” game is here to stay for the next four years. Mayor Prue made it clear that he thinks it’s a great practice and that it allows him to speak, which he also wants to do…..So we can maybe start betting on how many times the gavel will be passed each meeting? Any takers? Or we can turn it into a Where’s Waldo type game? Instead of “Where’s Waldo?”, it will be “Where’s the gavel?”……the Deputy Mayor has it. No, it’s under his chair. No, it’s in the bathroom. No, it’s on the stairway. No, I saw it outside hiding under a bush…..the possibilities are endless…..
**Councillor Crain was in attendance via Zoom**
DELEGATIONS
Request for Tax Relief – Cathy Robertson and Kathi Poupard, Camp Bryerswood Youth Camp Optimist Club
It appears that the former Girl Guides Camp was purchased by Bryerswood Youth Camp Optimist Club and that deal closed on October 29 2021. The sale of the property created a property review by MPAC. It seems the organization then received a tax bill and paid it. The funds required to pay property taxes are detrimental to the organization as per their delegation request form. They are seeking relief from paying property taxes. It seems that under the old ownership, the property was tax exempt from 1992 to 2021.
Ms Robertson and Ms Poupard presented to council. They explained that they are a registered charity and that they offer a wide variety of programming for children. She explained that they are always fundraising and that they love being a part of Amherstburg.
Councillor McArthur said that it was incredible what Camp Bryerswood has done and has kept the camp in local hands while doing a fantastic job. He asked how much the tax bill was that they had received and paid. The delegations said that the bill was almost $10,000.
There was a lot of sympathy for the situation from members of council. The gavel was passed (first time tonight….of many!) so that Mayor Prue could share his thoughts. Deputy Mayor Gibb pointed out that the town hadn’t collected taxes on the property for well over 20 years since the Girl Guides were exempt from paying taxes.
The first motion made was by Councillor Crain. He made a motion that council contact the provincial government about the situation. The motion carried.
Then Deputy Mayor Gibb made a motion that Amherstburg give a grant to the organization to cover the town’s portion of the property tax bill for one year. He felt that this would allow Camp Bryerswood time to prepare an appeal with MPAC to see if the property could be reassessed to be tax exempt as it once was. (This will equate to approximately $5,700 for this year.) And this motion carried too.
PRESENTATIONS
Boblo Island Ferry Services – Cindy Prince, Vice President, AMICO Affiliates
As you may recall, two weeks ago, council made a motion and “summoned” (my word and my interpretation) a representative from AMICO to come before council. At the meeting, there was much discussion about how the barge could not run during the Christmas holidays due to low water levels from the storm.
Councillor Pouget made a request that this item be moved to the next meeting (February 13th) in order that the Fire Chief would be present. As well, the report that was included in this agenda would also be moved to the next meeting, February 13th. This carried.
I can hardly wait to hear all about the Boblo barge at the next meeting……maybe the gavel will go for a ride on it?
Zoning By-law Amendment for 6101 County Road 20
Councillor Pouget requested that his item was moved up on the agenda since there were people in attendance that may have wanted to speak on the issue. This was agreed to.
Just for reference, there was a zoning bylaw amendment application process that had been before council at a planning meeting. The property is the old Ste-Theresa School. It is a school and the new owners had applied to have dormitory facilities allowed.
Suddenly Councillor Courtney made a motion to defer the item to the next meeting. Councillor Pouget seconded the motion. And then……rules of order?? What rules of order??? (It is my understanding that once there is a motion to defer an item, there is no discussion allowed, other than to set a timeline for when the item will be discussed….I can find a link to that information later…..) So, rather than immediately calling a vote on the motion to defer…..Councillor Courtney was allowed to go on and on with a gazillion questions about this item….. Councillor Courtney asked about the process for providing notice. Administration explained it. Councillor Courtney asked about site specific plans, pre-hearings, the list was endless. Administration explained it all. Councillor Courtney felt that the Fire Chief should be there to discuss this item. After all of this, Mayor Prue finally noted that there was a motion for deferral on the floor and wondered if deferring the item could put the municipality at risk. He noted that there was a timeline in place for the proponent as per the Planning Act. He wondered if it could be logically deferred for 3 weeks. Administration said that according to Bill 123 (I think?) if the item is deferred for 3 weeks, the town will have to refund 100% of the application fee. Administration said that the fee was $4000.
So finally, after a TON of discussion (that should not have even happened???) the motion to defer was put to a vote. It failed. The only two that voted in favour to defer were Councillors Pouget and Courtney.
So, the discussion raged on…..and on….and on…..and on….and on…..
The Director of Planning felt that the statutory meeting had been done and all notice criteria had been met. It was noted that other matters were raised but that tonight the other matters were beyond the scope of what was before council. The matter was simply about the zoning change request to allow students to reside at the school.
Well, lots more than the sleeping facilities were discussed. Councillor Courtney felt that this would not be desirable for the community. He wondered how big it could get and if additional buildings could be added. He felt that council should wait for the Official Plan to get updated. Councillor Allaire agreed. She noted that the community had asked that the school fix the yards but that the bylaw department was there again today. (I’m guessing this had zero to do with the scope of the bylaw proposed for tonight……) Councillor Allaire was also concerned about increased water use, sewage, cars and noise.
Councillor Crain wondered if the town had any other student residences. Administration said that we do not. Councillor Crain wanted to wait for the Official Plan and did not support the zoning amendment.
Mayor Prue felt that if council turned down the amendment that would free up the applicants to appeal to the LPAT. Then the town would have to hire a lawyer and a planner at huge costs to fight this. He felt that the town would lose all control of how this could go.
Councillor McArthur noted that there was a similar matter before the previous council for a legally permitted use and noted that Mayor Prue and Councillor Courtney had voted against it last term. Councillor McArthur also said he would oppose the change since a day school would be changed to a boarding school.
Councillor Pouget concurred with the others’ concerns. She felt that the residents had been led to believe that they would be notified. She also felt that there weren’t enough answers before a final decision had to be made. (I heard administration answer the questions????)
Mayor Prue spoke again. (I think the gavel was passed again and then things really went off the rails…..) Mayor Prue felt that this bylaw amendment was in the best interest of the community and the best interest of Canada. He noted that the Constitution guarantees the new owner’s right and that we should be inclusive of everyone. He felt that council could pass the proposal with caveats. He felt that it wasn’t right to tell them that they can’t have 4 to 8 students in the school overnight. He said he would support the recommendation and that it supports all people within the rule of the law.
Councillor Courtney then wanted to speak…..He was asked if he had a question for the Mayor, since the Deputy Mayor still had the gavel…..he said he did but…..Councillor Courtney then spoke and spoke and spoke and next thing you know, he called up the proponent to the microphone…..so since nobody was sure where the heck the gavel was……suddenly Mayor Prue had to take the gavel back…..Mayor Prue then asked Council if they wanted to open the floor for the proponent, then they would have to open the floor for anybody that wanted to speak…..
And since Deputy Mayor Gibb didn’t have the traveling gavel anymore, he called the vote. Councillor Crain seconded the motion.
(And this is where some experience watching meetings helps….I knew what was going on, Mayor Prue knew what was going on……the rest of council did not know what was going on……Basically, when a member of council calls the vote, it’s a procedural matter and has to be recognized. Council then has to vote on whether they will accept calling the vote and if they do, then they will immediately vote on the matter at hand. It’s a pretty good procedure for when the debate is just circling into a vortex of never ending discussion and forces the issue to end…..)
Mayor Prue had to explain to council several times that they had to vote whether or not they wanted to close debate on the issue…..and they didn’t vote. Twice. First time I’ve seen that happen. Finally, I think the third time was a charm, but the motion was defeated 4 to 2 with only Deputy Mayor Gibb and Councillor Crain voting to end the “discussion”. Darn. The debate raged on……
Finally, Councillor Allaire made a motion to deny the application for the zoning amendment at the property. Deputy Mayor Gibb seconded it. Councillor Pouget asked if they were putting the town at risk. (That had been answered earlier and the short answer is yes, but I digress….). Mayor Prue said that he had already explained that the town would need a lawyer and a planner and that it would cost money…..Mayor Prue said that he would not support denying the application since it is not in the best interest of the town. He felt that the decision was being based on religion and that the proponent was asking for something that other communities have without any problems. Councillor McArthur said he was not making a decision based on religion, it was based on the significant difference of a day school becoming a boarding school. He noted that Mayor Prue had raised issues about migrant workers when he was a member of the former council. Councillor Courtney said something, I’m not sure, my hand was tired. And my brain. And my eyes. And my sanity.
It finally went to a vote to deny the application for the zoning amendment. Everybody voted in favour, except Mayor Prue…..
(Personally, I’m with Mayor Prue on this one…..the Planning Act is crystal clear….if the proponents meet all of the criteria – they did – then it’s done. Council just exposed us to a dispute at the provincial level…..and likely doesn’t really have a leg to stand on…..the proponent met all of the criteria…..they should have gotten their amendment…..which means that the town will likely lose at the LPAT dispute….but who knows…..maybe a magic fairy carrying a magic gavel will save us….)
Alma Street Shoreline Parkette Shoreline Protection Tender Results
It seems that the Parkette at the end of Alma St is in very poor condition and is blocked off to pedestrians. The town applied for a grant and was successful in being awarded $200,000 in grant funding. The RFP went out and the bids are now in. The recommendation is :
It is recommended that:
1. The tender for Alma Street Parkette Shoreline Protection BE AWARDED to South Shore Contracting of Essex County Inc. at a cost not to exceed $148,040.00 plus HST to be funded by the Investing in Canada Infrastructure Program Grant;
2. The Mayor and Clerk BE AUTHORIZED to execute an agreement with South Shore Contracting of Essex County Inc. for the Alma Street Shoreline Project.
There were a few questions about this project. Councillor Pouget inquired about the fence and the shelf that is being used to unload passengers from Sea Doos. Mr Chaimberlain, Manager of Roads and Fleet said that the fence would be higher and pushed out. He also said that rocks were being added to prevent easy access to and from the water. The project is expected to begin around the end of February or early March and be completed around the end of May.
The motion above carried.
Zoning By-Law Amendment ZBA-26-22 for N-S Texas Road
Councillor Allaire noted that this was a simple zoning change. She wondered if the small area that is too small for a house may be for future development. Somebody that was on a Zoom link (I think the property owner? Not sure) said that perhaps they would be looking at selling the property later. Councillor Allaire asked that if they do not get rid of the land that maybe they could plant trees or put in a pickle ball court and that maybe it could be a joint thing between the owner and the town……And it was just crickets……seemed odd to me to ask a resident to put in a pickle ball court on their property…..and suggest that they’d want to get into a “joint” venture about a park, but maybe that’s just me.
After the crickets, the motion was made and the item carried.
Committee Structure Part Two – Advisory Committees
Council is beginning to get their committee structures ready. A motion was made to advertise for lay member positions for the following committees :
a. Amherstburg Environmental Advisory Committee
b. Economic Development Advisory Committee
c. Parks and Recreation Advisory Committee
Then council had to vote to name all of the committee members for the following committees :
- Amherstburg Accessibility Advisory Committee
- Audit and Finance Advisory Committee
- Co-An Park Committee
- Heritage Committee
- Committee of Adjustment , the Drainage Board, the Property Standards, Dangerous Dog Appeal Committee, Livestock Evaluators and the Fence Viewers Committee
As for members of council, Councillor McArthur will be on the Accessibility Advisory Committee.
Deputy Mayor Gibb and Councillor Crain will be on the Audit and Finance Advisory Committee.
Councillor McArthur was appointed to the Co-An Park Committee. And Deputy Mayor Gibb and Councillor Crain were appointed to the Heritage Committee.
For the lay people…..I just could not write fast enough to get all of the names of the people appointed (nor the spelling for some of the names??)…..So if that greatly interests you, I’m sure the town’s website will have the committee members’ names posted in due time. Or you can wait for the minutes of Monday night’s meeting to be approved. (Yes, I am typing this on Tuesday……)
NEW BUSINESS
So this is the wild card moment at any council meeting and last night was no different.
Councillor Courtney inquired about ceasing the services of a police officer during the Admirals hockey games and wondered if it would require a report. (Just for reference, the old council had approved this expense due to extensive vandalism at the arena.)
Ms Baillargeon, Director of Parks said that they had been monitoring the vandalism but with the police presence, the incidents had greatly reduced.
Councilllor Courtney felt that he was an eyewitness since he is at all of the games. He felt there were lots of officers present. He noted that the paid on-duty officers show up when they can to keep an eye as well as the officers that are stationed at the Libro. He said he was opposed to the extra money to station officers at the meeting. He felt that the random drop ins of police presence were more vital.
Councillor Allaire wondered if the cap of $20,000 was still in place for the extra officer or if council could just say no more officers were needed. CAO Critchley said that so far about $7,000 had been spent on the extra policing but that there was an up-set limit of $20 000 for this extra service. Councillor Courtney pointed out that he had voted against the original motion.
Councillor Courtney made a motion to stop the process of policing the arena. Councillor Pouget seconded it.
Councillor Allaire and Councillor McArthur asked a few questions. Ms Baillargeon said that she would like to see the process run its course until the end of the season. She noted that even though incidents were down, they cannot predict the incidents and they are obligated to keep the staff safe.
Councillor Courtney felt that some officers at the Libro are stationary and idle. He felt that some officers walked around a bit. Councillor Courtney then went on about how dirty the bathrooms are and that rink attendants seem to go missing and can’t be found. He wondered if staff could create a circuit and initial when washrooms are checked since he sees paper towels everywhere.
It was time for a vote on the motion…..to cease paying to have an extra officer on-duty at the Libro Centre during Admirals games.
Councillor Crain had declared a conflict of pecuniary interest since his dad is part owner of the Admirals.
It wasn’t a recorded vote, but I watched :
In favour : Councillors Allaire, Courtney and Pouget
Opposed : Deputy Mayor Gibb and Councillor McArthur
Ironically, Mayor Prue could have exercised his right to vote and could have tied it up 3-3 so that it would fail….since the Director recommended the program continue. Well, as former Deputy Mayor Meloche had said about the issue (I’m paraphrasing)….We can spend it on police and prevention or we can spend it on repairs.
Carnegie Library
Deputy Mayor Gibb made a motion to direct staff to recognize the 110th Birthday of the Amherstburg Carnegie Library, which will be April 9th. This carried.
Ice quality
Councillor Courtney brought up ice chunks at Rink A. He noted that the ice attendants are filling in the holes. (Funny, they were MIA for the bathrooms…..5 minutes earlier during discussions but I digress…..) Anyway, it seems that administration is on top of the problem.
Boblo Dock
Councillor Courtney brought up the old Boblo passenger dock. He noted that it was at the end of its life and wondered who was responsible for it since it is in disrepair. (I could have answered that question…..the old, old council had looked into it…..the Department of Oceans and Fisheries owns it….) The Clerk did officially answer the question during the meeting. Councillor Courtney made a motion to send a letter and pictures to the government and to MP Chris Lewis showing the state of the dock. Councillor McArthur asked for an amendment that rather than simply request demolition to also request if it could be renovated into a walking pier.
The meeting wrapped up at 8:25 PM.
Epilogue
I am writing this post-meeting blog on Tuesday evening. Last night, during the meeting, my phone was exploding with people texting me as they watched at home…..the recurring word to describe the meeting was “chaos”…..I came home exhausted from watching it all. If this is what the next four years are going to look like Amherstburg……well, Houston, we have a problem…..
And worse? If a regular meeting creates all of this? The budget meetings will be Oscar-worthy for drama, confusion, twists and turns…..I just saw the Boblo movie last weekend (excellent by the way if you haven’t seen it). For those of you who worked at Boblo Island back in the day, I would equate last night’s meeting to a very long ride on the Rotor. LOL
Have a great week everyone! Maybe I will see you at the True Festival on Saturday night! Fingers crossed for some good weather!
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