Before I start the summary of tonight’s meeting, I think it’s time, again, to clarify some things. If reading this blog is going to cause you to think about me all week, please don’t read it. You are under no obligation to read this blog or any blog for that matter. There are other blogs out there on the internet that I don’t particularly enjoy so put simply, I just don’t read them. You are free to do the same. I wrote in my blog two weeks ago not to read it if you couldn’t handle it but it seems that some of you ignored the warning. A blog is by its very nature an opinion piece. At the top of my blog it clearly states : “Thoughts, opinions, concerns, kudos before and after Amherstburg Council meetings.”
Secondly, my blog is a preview and then a summary of town council meetings. I take my notes by hand during the meetings. I can not write down every single word that every single person says. It is just not possible. The blog is written from my perspective as someone observing the meeting, someone that has read the reports and has been diligently following the issues since 2015. This is the third council that I am watching and following. This blog is nothing new and has existed since 2016. Often my post-meeting blogs are quite lengthy since the meetings are also very lengthy….anybody that wants to know EXACTLY what happened at the meeting will need to watch the meeting in its ENTIRETY! I believe I have often encouraged my readers to watch the meetings and I will continue to do so. I firmly believe that residents should follow the goings on in town and watch the meetings. I also understand that most people don’t want to sit and watch a three or four hour meeting every two weeks. If my summary is not adequate for your needs, please, go watch the ENTIRE meeting! Oh, and don’t read this blog.
Last warning. Do not read this blog. Nobody is forcing you to read this blog.
Council was scheduled to meet in-camera at 4:00 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 – Update on Matter Before Administrative Tribunal affecting the Municipality Section 239(2)(e) – Litigation or potential litigations, 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 – Proposed or Pending Disposition of Land
Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board
Item C – Striking Committee Information
Section 239(2)(b) – Personal matters about an identifiable individual, including municipal or local board employees.
Item D – Proposed or Pending Acquisition of Land by the Municipality
Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board
Then at 5:00, council has a planning meeting. I don’t generally follow those.
I arrived at town hall about 5:45. The planning meeting was still going but it wrapped up around 5:50.
The regular meeting started at 6:05.
***Councillor Courtney was in attendance via Zoom. He appeared to be at work.****
The gavel was passed I think 4, maybe 5 times throughout the night. I’m not sure, maybe more. Once, it was passed and stayed with the Deputy Mayor for an entire item since Mayor Prue had a conflict of interest on that item. This was perhaps the first time the floating gavel stayed put for a while right through to the end of the item.
Councillor Pouget declared a conflict about the fee waiver request for St John the Baptist Church. Mayor Prue declared a conflict about the removal of the H symbol for Boblo Island since it was the result of a court decision that derived from before he was in office. He also declared a conflict about the appointees for the Parks and Recreation Committee since his wife was an applicant.
Fee Waiver Request for Good Friday Procession – Anna Donatucci, St. John the Baptist Church
Ms Donatucci delegated to council. She explained that she and her husband were parishioners of St. John the Baptist Church and had organized the Good Friday Procession since 2016. It seems that this procession has been happening for almost 50 years. Ms Donatucci named the streets that the procession uses to move through town. She felt that up until this year there had not been any fees involved for the procession. She noted that there were no records of invoices. She felt that she understood that there were permits required and off duty officers required to help with keeping the procession safe. She said that she was before council on behalf of St John the Baptist Church and the community and would be grateful if the fees could be waived.
Councillor Courtney asked if they had been previously able to do the procession with no cost from the town. Ms Donatucci said that they had organized the procession since 2016 and that she had presented to council before but thought it was simply to have the event approved. She said that the original organizers had said that there wasn’t a cost. She felt that she understood that there are fees and thought that maybe they were always there but that they just didn’t appear. She wanted to proceed with no costs.
Councillor McArthur made a motion to waive the fees but Mayor Prue felt that questions should be asked of the delegate or of administration first.
The Clerk said that there were two town fees involved. One fee was $59 and the other fee was $250. He said the fees for policing would be from Windsor Police Services and wasn’t sure what that amount would be.
Then Councillor McArthur made the motion to waive the towns fees and that Mayor Prue would ask Windsor Police Services to waive their fees since he has an advisory position on the Board.
The motion carried.
Fee Waiver Request for Development Charges – Lori Quaggiotto
Ms Quaggiotto addressed council next. She was there representing the Farm House Market. (Side note, I shop there often! Love that store!) She requested that the development charges be waived for their retail store located on agriculturally zoned properties. She noted that she paid development charges when their home was built and that they also pay commercial taxes for their store. She said she had read the administrative report and agreed with the recommendation.
Development Charge Exemption Request for Agricultural Retail Uses
The staff report on this item was brought forward. Councillor Crain moved the recommendation that was in the report :
It is recommended that:
1. Council APPROVE the exemption of Development Charges for all agriculturally related retail stores located within the Agricultural (A) Zone up to a maximum size of 232.3 m2 (2500 ft2 ).
Deputy Mayor Gibb explained that this is standard practice and this was not a special situation. He just wanted that clarified for those watching at home.
The motion carried.
Request to Extend Interim Control By-law 2022-111
It looks like this has to do with the site plan for the Howard Avenue Industrial Park District. It seems that an extension is required to complete regulated studies.
The rules of order were waived. Mayor Prue mentioned that Mr Bezaire didn’t get his paperwork in quite on time. Then, Mr Bezaire delegated to council. He seemed to support industrial development in the area. He felt that there was nothing like this type of development anywhere else. He seemed to oppose the interim bylaw extension. He felt that it sends a message that Amherstburg is closed for business. He wondered if the interim bylaw was necessary.
Councillor Crain thanked him for the delegation and then proceeded to ask some questions that were in Mr Bezaire’s email. He asked first if the purpose of the interim control was necessary. Ms Osborne, Deputy CAO said that yes it was necessary. She proceeded to explain why but I’m not going to lie here….I had a hard time grasping all of the technicalities behind this and I took my notes by hand. (I think I may have mentioned that before?) She did note that this interim control would allow the town to study the area as a whole for the highest and best use of the land. As well, it would check the compatibility with the surrounding agricultural and residential areas. She also mentioned something about the application process could still be followed even with the interim control in place. There was some more back and forth with questions and answers but ultimately Deputy Mayor Gibb made the motion for the recommendation in the report and Councillor McArthur seconded it.
It is recommended that:
1. Council EXTEND Interim Control By-law 2022-111 until August 31, 2023; and,
2. By-law 2023-048 being a By-law to extend the interim control By-law 2022-111, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.
The motion carried.
The next few items moved along quite quickly and I was starting to get hopeful.
Additional Extension of Part Lot Control Exemption for Part of Meadowview Estates Subdivision
There was no discussion on this item and it carried.
Canard Valley Estates Phase II Subdivision Street Name Request Heritage Follow-up
Does anybody remember a few months ago when there were two street names proposed for the Canard Valley Estates Subdivision? The names were Gertrude Drive and Garnet Crescent. The debate went on and on at council and it was decided to send the names to the Heritage Committee. Well, the Heritage Committee looked at the names and are recommending them to council.
And you know what happened? Nothing. LOL! The motion was made to approve the names and it carried. No discussion at all.
Major Planning Policy Studies – Request for Proposal Results
This is a fairly lengthy report. In a nutshell, the town is working on the Official Plan and they are working on a Heritage District within the planning department. A Request for Proposal went out for this work and the prices that were submitted were higher than what was budgeted for. It seems that this is a regular occurrence, or at least fairly regular? Anyway, here’s the recommendation, it’s a long one :
It is recommended that:
1. The consulting services for the Official Plan & Zoning By-law Update BE AWARDED to Dillon Consulting Limited based on results of the Request for Proposal (RFP 2023-004);
2. The Chief Administrative Officer and the Municipal Clerk BE AUTHORIZED to execute an agreement with Dillon Consulting Limited for the consulting services to complete the Official Plan & Zoning By-law Update for an amount not to exceed $213,240, plus applicable HST, satisfactory in financial content to the Chief Financial Officer, and technical content to the Director of Development Services;
3. The consulting services for the Heritage Conservation District Study BE AWARDED to MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) based on the results of the Request for Proposal (RFP 2023-005);
4. The Chief Administrative Officer and the Municipal Clerk BE AUTHORIZED to execute an agreement with MacNaughton Hermsen Britton Clarkson Planning Limited for the consulting services to complete the Heritage Conservation District Study for an amount not to exceed $120,925, plus applicable HST, satisfactory in financial content to the Chief Financial Officer, and technical content to the Director of Development Services;
5. That Council CONFIRM use of the $125,000 previously approved by Council for these three projects and funded from the Plans and Studies Reserve (0072) and;
6. That Council APPROVE the following additional funding sources to address the $253,353 shortfall in funding required for these projects to proceed:
a. $164,903 from Development Charges – Community Based Services Administrative Studies (0128) and;
b. $88,450 from Plans and Studies Reserve (0072)
And, once again, no discussion! The motion was made and it carried. I was getting so, so hopeful that this whole meeting would be efficient and productive and wrap up in about an hour or so……until….
Removal of Holding Zone for a portion of the South End of Boblo
It looks like a portion of the south end of the Boblo development is ready to proceed. Whenever a development is in progress there is a Holding Zone ( H symbol) placed on the development. Once all of the proper procedures and laws have been met, then council has to remove the H symbol from the development. This is basically a housekeeping measure.
Since Mayor Prue had declared a conflict on this item, since it involved the Ontario Land Tribunal decision and he had spoken at that meeting years ago, Deputy Mayor Gibb chaired this portion of the meeting.
Councillor Pouget had numerous questions. She asked about the Ontario Land Tribunal situation and if the town had taken a position. Ms Osborne, Deputy CAO, said that Dr Aspila, Manager of Planning Services, had provided an affidavit. Councillor Pouget wondered how he had attended the hearing. Dr. Aspila explained that he had written a reply. He said that he was required due to his position as a Registered Professional Planning to provide a reply. He noted that all of the applicant’s obligations for the development had been met and that he agreed with the applicants request. He also went on to say that the applicant had made a request to the County of Essex but that they did not respond. Therefore the applicant appealed. There was some back and forth between Councillor Pouget and Dr Aspila. He said his opinion was based on what is best for the town of Amherstburg and as a registered professional planner.
Councillor Pouget’s questions continued. Then CAO Critchley had to jump in. She explained that Dr Aspila’s response was a written affidavit in regards to if the planning requirements had been met (they had). She noted that certain things are needed by the town and certain things are needed by the county and that now the developer is working with the county. She noted that the town is continuing to work with all of the parties.
Councillor Courtney asked about any changes being made after 2018. CAO Critchley said that there were some amendments in the plan of subdivision but that that would be before council on April 11th. (Note to self, prepare for an extra long triathlon meeting on April 11th because it seems that whenever Boblo is on the agenda some members of council seem to want to make things as difficult as possible……each and every time……). There was more back and forth between the CAO and Councillor Courtney about why Dr Aspila had to provide his opinion. CAO Critchley made it clear that he had not signed the amended subdivision agreement and that it was coming back to council on April 11th.
Councillor Pouget started asking more questions about why this didn’t come back to council. CAO Critchley said AGAIN that the amended plan of subdivision was coming back to council on April 11th. Councillor Pouget went on and on and she seemed to think that Dr Aspila had approved an agreement? The CAO again stated that he had not approved anything, that he gave his professional planning opinion as he is required to do.
Councillor McArthur asked why Dr Aspila’s affidavit hadn’t come to council even as an information report. CAO Critchley said that it was her call and that she did not think it was necessary since Dr Aspila was attesting to what had already been done and that the final plan was coming to council on April 11th for council approval. (Are you all grasping this? I was grasping this, but council did not seem to be grasping this……The planner provided an opinion, as required to the Ontario Land Tribunal and final approval for the subdivision would be coming to council on April 11th……why the litany of questions? And the same questions over and over…..?) The Clerk noted that the town had taken all of the required steps since the matter was before the tribunal. Councillor Crain said that if staff had provided a report during the process, then that would be micromanaging. He noted that Dr Aspila is a professional planner and that he agreed with the CAO and the Clerk.
Councillor Pouget continued on…..rinse and repeat, same questions, same answers….
Finally, Councillor Crain made the motion as per the report :
It is recommended that:
1. By-law 2023-044 being a by-law to amend Zoning By-law 1999-52 to Remove a Holding Zone for a portion of the South End of Boblo Island be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.
Councillor Allaire seconded the motion.
It went to a vote. The Deputy Mayor declared it carried 3-2.
(I had watched the vote…
In favour Councillors Allaire, Crain and McArthur. Opposed Councillors Courtney and Pouget.)
Then, AFTER the vote, Councillor Pouget requested a recorded vote. Deputy Mayor Gibb turned to the Clerk. The Clerk said the vote was already taken. The Deputy Mayor said to Councillor Pouget that the motion had passed 3-2 and then he said he would “gladly” pass the gavel back.
And, by the way, from what I understood from the report, the Ontario Land Tribunal ruled in favour of the applicant (Boblo)…..and council is a lower level of government than the province, sooooooo…….hmmmmm……why the questions? Why the debate? Two members of council voted against removing the H symbol when the provincial government had ruled in favour of the applicant?
2023 Special Events Approval – Part III
Some more great events are coming up for approval for 2023! I love events! Here are the recommendations :
It is recommended that:
1. The following events BE APPROVED:
a. Woofa-Roo Pet Fest – June 24 & 25, 2023
b. Amherstburg Freedom Museum Ribs & Ragtime – June 10, 2023
c. 2023 Rocks and Roads Race Series – August 13, 2023
d. Good Friday Procession – Way of the Cross – April 7, 2023
2. An exemption from table number 3-1(2) of Noise By-law #2001-43, as amended 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. Woofa-Roo Pet Fest – June 24 & 25, 2023
b. Amherstburg Freedom Museum Ribs & Ragtime – June 10, 2023
c. 2023 Rocks and Roads Race Series – August 13, 2023
d. Good Friday Procession – Way of the Cross – April 7, 2023
3. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm: a. Amherstburg Freedom Museum Ribs & Ragtime – June 10, 2023
b. 2023 Rocks and Roads Race Series – August 13, 2023
c. Good Friday Procession- Way of the Cross – April 7, 2023
4. The Special Events Resource Team BE DIRECTED to confirm that the requirements identified by the Committee are met prior to the event.
Councillor Crain noted that many events come back year after year and asked if there were a way to approve them in perpetuity, as long as there weren’t any changes. (Yes!!! Good idea!!! I’ve been watching each of these events come before council year after year…..when this process first began around 2016, the organizers would often show up biting their fingernails, just to have council approve the event anyway…….it is pretty redundant….) Anyway, CAO Critchley said that administration is looking at the processes and that if it’s the same event with no significant changes that they are working on bringing something forward to council.
And with that, the motion carried. Events approved!!!!! I love events!! (And I really love Open Air! Great event!)
Advisory Committees and Terms of Reference
It looks like council is ready to establish the Environmental Advisory Committee, the Economic Development Committee and the Parks and Recreation Advisory Committee. However, this item was held down until after an in-camera meeting that was being tacked onto the end of Monday night’s meeting.
The rest of the items went through relatively uneventfully, save some gavel passing.
NEW BUSINESS
Always, the wild card, new business….
Councillor Pouget said that she would be meeting with the Golden Age Club on Tuesday and wanted an update to the former ACS building on the corner of Victoria St and Richmond Street. Ms Baillargeon said that facilities staff are preparing the building and she will be setting up meetings with senior groups.
Then Councillor Pouget made a motion to reinstate the Senior Advisory Committee and advertise for it. She said that she has received numerous calls about this. She felt it was a successful committee in the past and that seniors are a large part of our population. Councillor Allaire seconded the item for discussion.
CAO Critchley explained the earlier reports and the reasons given not to strike this committee for this term. She spoke of an inclusivity grant that is being used for other forms of outreach for seniors and other groups and that the Amherstburg Community Services is also involved.
The Clerk, Mr Fox explained that the Inclusive Communities Grant program was not just for seniors. The intent was to identify needs in the community and serve various stakeholders in a year-long process. He felt that a committee creates challenges to capture the larger demographic and can end up being a subset of people. He felt that the town is at stage 1 of the process and wants to engage with a number of different groups.
Ms Baillargeon listed off various events that are being looked into for seniors, such as yoga, therapy walks and other activities, by way of this grant. She spoke of 9 domains that administration is working on within the grant and that there are long range and short range plans. She noted that they are working with Amherstburg Community Services. She suggested that council could get a report later this year in the fourth quarter with the various initiatives.
Councillor Pouget wondered how the Senior Advisory Committee would change any of this. Ms Baillargeon said that the town is working on initiatives for an inclusive community and the initiatives aren’t solely for seniors.
Councillor Crain wondered if the 2023 budget included funds for a Seniors Advisory Committee. The short answer was no.
Councillor McArthur felt that the grant was fantastic. But he was struggling to understand the harm of having a Seniors Advisory Committee. He wondered if it were financial or a workload issue for committees, the Clerk and staff.
The Clerk felt that was an excellent question. He noted the resourcing challenge that is ongoing at Town Hall. He noted that they had tried to consolidate the committees and that we currently have 23 different boards and committees. These boards and committees require a considerable workload and that there was a lot of overtime pay required during the last term of council.
Councillor Crain wondered if council were to strike a Seniors Advisory Committee then others could be concerned that there should be a youth committee.
Deputy Mayor Gibb addressed Councillor McArthur’s comments about what is the harm. Deputy Mayor Gibb noted that council had approved a new structure and that there was one year to try it out. He felt that they weren’t giving it a proper chance by trying to change the structure so soon. He felt that the accessibility grant could be used more widely to target perhaps people that don’t drive or people with mobility issues and that a Senior’s Advisory Committee would be geared to issues for seniors only.
Councillor Crain felt that it was important to make things equitable. He wondered if there are committees for seniors, then what about youth or middle-aged people. He wondered if to keep things equitable, council would have to make committees for all of the demographics.
Councillor Courtney felt that each committee is niche and has special interests. He noted that the previous council had tried a Youth Committee and he felt that it was an epic fail. Councillor Courtney felt that we pride ourselves on our aging demographic but he also noted the personnel shortage in town hall and that the Clerk is wearing multiple hats. He said he was trying to factor in staff stress and overtime. (And right there folks, I was impressed…..I was very happy to hear Councillor Courtney showing concern for town staff’s workload and stress. Kudos to him for looking at all angles on this issue.) He also wondered which other municipalities had a Seniors Advisory Committee.
Mayor Prue passed the gavel. (This may have been the 5th or 6th time but I had lost count a long time ago….) He noted that the Clerk’s Department is short staffed and it will take at least 2 months to get people into the open positions. He also noted that council had a budget to work with for this year. He felt that the Seniors Advisory Committee was a good idea but that it should be deferred until the fall to discuss at budget time. He told council that they shouldn’t do it until the town has proper staff and that the timing right now was not good.
Councillor Crain felt that council should wait until the budget debates and until proper staff resources were in place. He made a motion to defer and Deputy Mayor Gibb seconded it. And the motion to defer carried. Translation: no more talk about the Senior Advisory Committee until the fall when it’s budget time and it’s been brought up I think three times in the past three months. So, this should give some reprieve.
At 7:33 council voted to go in-camera. Mayor Prue said it was to discuss the committees and a proposed land disposition or acquisition. It looks like items C and D from the 4:00 in-camera meeting weren’t done in time for the 5:00 planning meeting to start on time? So they had to discuss those items now?
Anyway, I wasn’t sticking around and waiting for all of that, so I packed up and went home. I wrote a portion of the blog when I got home and I finished it up Tuesday evening.
So, I’ll have to check the RTT to see what happened with committees, or I can go back and watch the video if the curiosity is just too much. (It won’t be LOL.)
So that’s it, that’s all. All done for another week. It looks like the April 11th meeting will have more Boblo drama. I may watch that one from home. We’ll see.
Have a great week Amherstburg!
And if you are going to think about me for a week (or more?) or over-analyze what I wrote then you did not heed my warning at the beginning. Don’t read the blog.