WOW!!!! What a night!!! And I don’t mean that in a good way. Not even a little bit. This week’s marathon meeting lasted until 10:30 PM. It was such a fiasco that motions weren’t made to receive delegations…..motions weren’t made to extend the meeting past 10:00 PM…..rules of order were all over the place….speaking of all over the place….the gavel was bouncing around like a ping pong ball. Luckily I decided to watch the meeting from home Monday night, so at least I could sit at my computer with my feet up while the meeting dragged on and on and on…..One member of council was even on their cell phone texting. Frequently. A lot. I wonder if they forgot that there is a camera on them at all times during the meeting? If you’ve got four and a half hours to watch Monday night’s meeting, you’re in for a show. Not a good one, but a show regardless.
***Councillor Courtney was on zoom and appeared to be at work***
Anyway, here’s the summary. And your first warning. Do not read this blog.
Save our Amherstburg Neighbourhood – Mike Kisch (supplementary agenda)
This delegation was added on a supplementary agenda for Monday night’s meeting. Mr Kisch expressed his opposition to the development proposed for 639 Front North. He did not seem to like the 28 unit 5 story apartment/condo building being proposed. He mentioned that he had a petition and had submitted it to the clerk and that emails had also been sent to the Clerk. He mentioned several concerns (and remember I take my notes by hand, so no, I cannot note each one…)….he mentioned concerns for health and safety since it is a high traffic area. He also mentioned reduced visibility with a large building close to the road. He cited some accidents that happened in the area, even one that was fatal. He also mentioned environmental concerns. He felt that a housing development would be fine but with a suitable mix that does not conflict with the housing types already in existence.
Ms Osborne, the Deputy CAO spoke at length. She explained that the motion for council was regarding changing the zoning and waiving the setback limits. She noted that these are consistent with other developments such as Kingsbridge, Meadowview and Mulberry. She noted that by council just approving these two items does not guarantee that the development will be exactly what is proposed. All of it would still have to go through the plan of subdivision, with numerous studies required. She also noted that the current proposal fits all of the requirements of the Planning Act. (..…side note…..this seemed clear to me….but it seemed less than clear for some members of council…..)
Councillor Pouget asked some questions and even argued about which members of administration should answer her. She seemed to take issue that it was not included in the report that either party could take the issue to the Land Tribunal. (Is there anybody out there that is a developer or anybody out there that is opposing a development that wouldn’t know they can go to the Land Tribunal if they don’t like council’s decision?) The back and forth created by Councillor Pouget went on so long that even Mayor Prue interjected and asked if there were any questions for the delegate. Councillor McArthur asked Mr Kisch if he was just against the condo but okay with houses or semi-detached. Mr Kitch felt he wanted compromise and even a deferral. Councillor Courtney noted that the area is zoned in the Official Plan for high density and that this proposal is for medium density which is a step down in zoning.
I don’t believe there was ever a motion to receive the delegation…..
Zoning By-law Amendment for 639 Front Road North Zoning By-law Amendment
There was a motion to bring this item forward on the agenda since this was the item the delegation had spoken to.
Councillor Pouget started in again with more questions that kept getting the same answers, the proposal met the Planning Act Requirements. Councillor Allaire admitted she was new to the process and felt she understood the process but felt that it was backwards since the County would still need to approve the setbacks. Administration said that this process had happened in the past. Councillor Allaire then expressed her concerns and wanted to get a draft plan first. Ms Osborne, the Deputy CAO explained that the draft plan of subdivision involves work, cost, time and money. She also noted that the ultimate layout of the plan could change since the studies could dictate changes.
Mr Bolger, the developer, spoke and said that it would be nice to have all of the approvals all at once and that as it stands he could put in 300 units as per the Official Plan. The proposed development is far less homes. He also felt that the zoning meeting had gone too far since this was not a plan of subdivision meeting yet, it was simply a zoning change. He said he’d rather put in the money now and start planning and that it would be another year or year and a half before he’d be ready to proceed.
Mayor Prue interjected and wondered if Mr Bolger would consider just the zoning being approved but not all of the setbacks. (It seemed like a quick Let’s make a deal on the fly type thing……). Mr Bolger was not interested. He noted that he did understand that the process may have to go to the County as a next step.
Suddenly, Councillor Courtney popped back onto the screen…..he said what he was about to ask may have been answered but that he had to step away. (Um…..so we have to repeat everything for a councillor who stepped away? You’re either present or you’re not…..) Anyway, Councillor Courtney said that he was ready to come in and defend the staff recommendations and asked about the developers asking for reprieve on setbacks. Mr Bolger noted that he was seeking relief since the town’s bylaws are completely out dated. He also noted he knows he may have to put in a storm pond, as he had to do in Meadowview. Councillor Courtney said that he would vote in favour of the amendments since the development meets the Official Plan.
Councillor Allaire started talking about setbacks and ERCA requirements. Mr Bolger said that Monday night’s meeting was about different matters and that ERCA requirements will be dealt with later.
And then it happened…..the gavel was passed for the first of 687 times…..Mayor Prue felt that he had an option for council. He wondered if council approved the recommendations as written then the town could tell the County what we want and he cited a bunch of examples. He felt that it looked like council would vote no to the zoning changes and that it would end up in court and that there wouldn’t be much chance that we would win. (Remember falling on the wrong side of a decision costs $$$$…...) Mayor Prue went on and on about possibly adding conditions. It seemed to me he was trying to influence the council vote, but what do I know? (If you just made a snarky reply to that in your head, you should’ve stopped reading this blog at the top when I warned you.) Mayor Prue took the gavel back and then said he needed a motion from council. (He could’ve left the gavel with the Deputy Mayor and made a motion himself, since that seemed to be what he wanted perhaps? )
Well, he got a motion. Councillor Allaire made a motion to deny the zoning change and the setbacks as well. Councillor Pouget seconded it. Councillor Allaire explained her rationale that she was okay with the rezoning but not okay with the setback relief. She had concerns about the ravine and felt that the process was being done backwards.
Deputy Mayor Gibb then spoke. He said he would likely be hated by some people in the room. He said that this development satisfies the province, the Essex County Official Plan and the Amherstburg Official Plan. He noted that the province wants to build 1.5 Million homes in 10 years and that this is how they are doing it. He felt that if council denies the changes that it will go to the Land Tribunal, that the town will lose and that the development will be built. He did note that all of the Mayors and Deputy Mayors at County Council had sent a letter to the province telling them how difficult Bill 23 is making things for municipalities. However, he said that approving this development was in the best interest of Amherstburg and that he was not okay with defeating the recommendation. He felt that council had to uphold the law.
Councillor Pouget said she would be voting to defeat the recommendation. She felt that the Land Tribunal was just an excuse. (I guess she’s okay with spending taxpayer money at the Land Tribunal to try to defend decisions that violate the Planning Act? Interesting…..)
Again, Mayor Prue passed the hot potato, I mean the gavel. He suggested voting in two parts. One part about the condo and then the other part about all of the other things and density. Councillor Allaire took offense and said he had told her it couldn’t be. CAO Critchley spoke about asking the proponent and that the motion could be divided. Mayor Prue said that he was going to trust the lawyer (the CAO) and he felt it would make the hearing simpler.
In the meantime it was havoc in the gallery. I was watching from home and could hear someone yelling from the gallery – even without a microphone – that there was a motion on the floor and that it had to be voted on. (Yup. Whoever you were, random voice, you were right…..there was a motion on the floor and it needed to be voted on….but for anybody that’s been watching council for a while…..you would know that Mayor Prue, who used to be Councillor Prue, has a reputation for making “friendly amendments” to motions, suggesting changes to motions, playing with words in motions…..)
Mr Bolger explained that the setbacks will not impact the traffic. He explained that the difference would be how big of a house could be built on the lot.
Councillor Pouget said that council should vote. There was a man yelling from the gallery….I couldn’t make it out….but Mayor Prue said to the man yelling in the gallery that he could not challenge the chair of the meeting, that only a member of council could do so. Soooo…..Councillor Pouget challenged the chair. (I had a hard time taking notes here….for two reasons…..the dialogue was heated and fast and furious…..and secondly, my daughter and I were sitting and watching and laughing at the complete chaos and lack of order…..it was really something else….and I’ve watched hundreds of meetings…..gulp….hundreds….) Anyway, Mayor Prue said something about Councillor Pouget being sadly mistaken and that the motion was still open for debate. She replied, and he fired back something about “excuse me” and parliamentary procedure. He then asked council for a vote if they would sustain the chair since they were in the middle of the debate……There was some clarification requested, blah blah…..and then the 4 members of council voted to sustain the chair and Councillor Pouget was opposed. I’m not sure where Councillor Courtney had disappeared to again…..
Councillor McArthur then spoke about respecting Mayor Prue a lot and he felt he knows parliamentary procedure. He did make a comment about passing the gavel a lot. He noted that Mayor Prue had talked about wanting to build consensus on council when he was elected. Councillor McArthur felt that the reality was that if council opposed the zoning changes that they would lose at the land tribunal. He made a motion to approve the zoning change but not the setbacks. Deputy Mayor Gibb seconded it.
Mayor Prue felt that this was splitting the motion. At this point, council voted on splitting the motion. It passed 4 votes for, Councillor Pouget was opposed. Councillor Courtney had disappeared from zoom again. Maybe he was searching for the flying gavel, I don’t know.
Councillor Allaire withdrew her motion. Then there was a lot of whispering between Mayor Prue and the Clerk…..Probably trying to make sense of this fiasco? So the motion went to a vote to approve the zoning but not the setbacks. It passed, 4 in favour again and Councillor Pouget opposed. Again, Councillor Courtney had disappeared from zoom. Maybe he found the gavel?
At this point it was 7:32. Council had discussed ONE item for an hour and a half…..the most confusing hour and a half of your life, if you’re interested in watching……
Council made a motion for a 5 minute recess. That made me happy. I had a small reprieve to get up and move around before Act 2 of the fiasco would start up again.
Are you still reading this blog? Stop reading now.
2017-2022 Tree Maintenance Program
This report outlines the tree maintenance program already in place and was simply for council to receive as information. (So this should be quick and painless right?…..Not so fast!)
It looks like a comprehensive study of town owned trees was done in 2017 by a certified Arborist which the Town retains under a seasonal contract. The report outlines how many trees have been cut down and how many have been planted (many more planted than cut down in case you’re wondering.)
For any of my readers that are tree lovers, here is the link to the full report if you’re interested https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=10841
Deputy Mayor Gibb asked about the increase in town owned and shared trees. He also noted that the cost of maintenance for the trees is $195,000 per year and wondered if there was a metric for when we have enough trees. Mr Chamberlain, Manager of Roads and Fleet, said that it was currently a council policy to build the tree canopy. Deputy Mayor Gibb felt that with more trees it was increasing the town’s liability to maintain them all. He wondered if once the town hit a certain number of trees being planted that instead of the current 2:1 ratio, the town could return to a 1:1 ratio. (At the moment for each tree cut down, we plant two trees.) Ms Giofu, Director of engineering said that last year the 2:1 ratio was met and that for now the town can meet the goal. She noted that there may come a time that the 2:1 ratio will become too costly and that the town may need to return to the 1:1 ratio.
And then Act 2 with extra drama began. Councillor Pouget felt that town staff were clear cutting trees. She felt that trees the size of a broomstick are being planted. There was some back and forth and then Councillor Pouget made a motion to accept the report and forward the report to the Environmental Committee and the Parks Committee before any further trees are destroyed, unless dangerous……(If that wasn’t a loaded motion I don’t know what is….Are you still reading? Stop reading.)
Councillor Crain felt he could support sending the report to the two committees but not the verbiage about destroying trees that was in the motion. Councillor Pouget felt those words were not in the motion. The Clerk read the motion. They were.
Deputy Mayor Gibb felt that he agreed with the spirit of the motion but that he did not agree with committees deciding about trees being cut down or not. He felt that that was restricting staff. He felt that if the report was just being sent for them to read it and advise on it then that would be fine.
Councillor McArthur felt that the motion made it look like staff were cutting down trees unnecessarily and that he couldn’t support it unless it was amended.
The Clerk read the motion again about forwarding the report to the two committees before any further trees are removed that do not pose a risk. Councillor McArthur felt that the wording implied wrongdoing on staff’s part. (I agree.) Deputy Mayor Gibb did not feel that committees should be over ruling staff. He noted that trees sometimes need to be cut down if they’re diseased or have problems with the roots or other possibilities. Councillor Crain suggested an amendment to change the motion to just receive feedback from the two committees. Councillor Pouget (the mover) and Councillor Allaire (the seconder) were okay with the amendment.
Suddenly Councillor Courtney reappeared.
They voted and it carried. The report about trees will go to the Environmental Committee and the Parks Committee for feedback.
2023 Special Events Approval – Part IV
Great news! More events coming to Amherstburg! Here they are and they’re all approve:
It is recommended that:
1. The following events BE APPROVED:
a. Park House Museum – Music Off the Back Porch – May 5th, June 2nd, July 7 th, August 4th, September 1st & October 6th, 2023
b. Annual Bob Meloche Kid’s Fishing Derby – June 18th, 2023
c. Canada Day Celebrations – July 1st, 2023
d. Amherstburg’s Gone Car Crazy – July 30th, 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. Amherstburg’s Gone Car Crazy – July 30th, 2023
b. Canada Day Celebrations – July 1st, 2023
c. Park House Museum – Music Off the Back Porch – May 5th, June 2nd, July 7 th, August 4th, September 1st & October 6th, 2023
3. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm: a. Amherstburg’s Gone Car Crazy – July 30th, 2023
b. Canada Day Celebrations – July 1st, 2023
4. The Special Events Resource Team BE DIRECTED to confirm that the requirements identified by the Committee are met prior to the event.
5. The fee waiver requests BE APPROVED as follows:
a. Park House Museum – Music off the Back Porch – $59.00
South Fire Station – Consolidated Build versus Renovation Options
Stop reading this blog. Stop right now.
Fire Chief Montone made a presentation. He apologized at the beginning for the length of the presentation, and it was a long one. But I guess that’s what’s necessary when some members of council don’t read or can’t understand the reports that they read? I dunno. Long story short, two of our fire halls are 60 years old and one of them is 30 years old. They are all in terrible condition. They can’t accommodate new fire trucks and new technology. One of them doesn’t have showers for the firefighters. In 2021, the old council made a motion and decided to go to a two station model. This would involve building a new fire station at the Libro and closing the one at town hall. Then the fire station in Anderdon would get a new fire station built on the same piece of property. The fire station in Malden would eventually close. That was the plan. The Fire Chief spoke at length about response times and travel times. In August of 2022, the old council was presented with drawings and a plan for the new fire hall at the Libro. They didn’t make a decision on it. (Yet, at the same meeting, the old council committed $6 Million towards two parks…..if we really want to talk about wants and needs, please let’s talk…..but it was just before an election…..guess it looked prettier to throw huge money at parks, but cheap out on fire services? So, they did nothing and here we are….the new council has to decide what to do and how to do it.) The Chief explained some changes that were made to the design of the new fire hall to get the costs down.
Councillor McArthur asked the Fire Chief to explain how closing the Malden Fire station (#3) wouldn’t affect response times. Chief Montone explained that that fire station is not staffed. So, while it appears that it would be fast if you live close-by, the reality is that it’s not staffed and it does not offer improved response times. The new fire station at the Libro would be staffed 24/7 and would be able to meet target response times even in the Malden area. And the Libro building itself is actually served by the Malden Fire Station as it stands right now. Chief Montone explained that since the full time fire fighters would already be at the new Libro station, the truck from the Libro would be arriving in the Malden area quicker, while with the current model, firefighters would be just arriving in Malden to get the truck, in the same amount of time. He felt that the Malden area will maintain their service level.
Then Councillor Courtney spoke and spoke and spoke….he said he had so many questions….he said his head hurt (ya, tell me about it….watching this meeting was painful…) and that there were a lot of numbers and numbers that didn’t make sense to him. Councillor Courtney went on and on and on….I stopped taking notes as my eyes rolled back into my head….but then I perked up when he said he thinks the Fire Stations should be deferred. (I almost lost my mind as I’m guessing others watching did too…..unless you’re somebody that shouldn’t be reading this blog….maybe you thought it was the best thing you heard all night, I don’t know…..BTW, stop reading!)
Councillor Crain asked a good question about the possible future growth in Malden could affect things. Unfortunately, I did not catch the answer because my cat decided he wanted my attention and was crawling in front of my screen and on my notebook…..and I guess I could go back and check the video….but I don’t think I can relive all of that again…..so, if you’re super interested, go check the video I guess.
Deputy Mayor Gibb spoke and said that we are building a new fire hall tonight and the second one can happen down the road. He was concerned about Malden and should they need a third station in the future. CAO Critchley felt that the Chief had shown a model that can work but that she could not guarantee that a third station could possibly be required in the future. Councillor McArthur felt that the conclusion to all of this was that Amherstburg desperately needs a new fire hall. He felt that council had to move and they had to move tonight. (Nice to see some decisiveness rather than talking in circles that we got from others….)
Mayor Prue passed the gavel for the 88th time (I’m exaggerating but it was really a lot on Monday night….I should count, just for fun….perhaps somebody would like to count and we can make bets at the next meeting?) Anyway, he noted that while he was on the old council he had voted against the 2 station model but he felt that the town has progressed since then and that it’s too late to go back. He noted that council will have to take on debt for the fire hall and didn’t want to build the second station too quickly in order to take some time to pay down the debt.
Councillor Allaire then spoke. She felt that the whole reason she ran for council was to protect our amenities. She wondered about building one fire station but renovating two of them. She felt that she understood the response times….
Councillor Pouget felt that everyone was ignoring the elephant in the room since she felt that council had to vacate town hall in 2025. She felt that the residents of Malden were being short changed.
Then, Councillor Crain made the motion to go with Option B (new fire hall at Libro and new fire hall in Anderdon and close Malden one, eventually) as well as issuance of debt to finance all of this. Deputy Mayor Gibb seconded the motion.
Councillor Courtney asked for a recorded vote. He felt that this was a mile high building to look down at our little town. He went on and on about a space needs study. He then started comparing prices and sizes to Fire Halls in Windsor…..(I guess it’s easier to oppose motions than come up with another solution?)
Councillor Crain said that we have to move forward and get the process going. (Amen. Enough talking and beating around the bush. It’s time for action. Fire Halls are a very basic required service and as it stands, ours need replacing. I heard Mayor Prue tell somebody in the gallery that they could not speak. Guessing somebody had raised their hand…..
And the results supporting building the two new fire halls…
Support : Councillor Crain, Deputy Mayor Gibb, Councillor McArthur, Mayor Prue
Opposed : Councillors Allaire, Courtney and Pouget.
Interesting that the top 4 vote getters in the recent election all voted in favour. Just an observation…..
NEW BUSINESS
Councillor Pouget made a motion for town administration to provide a floor plan of the Salmoni building, indicating bedroom windows and egress windows and something about the National Building Code for the May 23rd meeting. (I take my notes by hand folks….I did the best I could….Stop reading BTW!) Councillor Allaire seconded the motion. Councillor Courtney felt he would support it and mentioned receiving correspondence and that this was worth educational purposes. Mayor Prue asked the Fire Chief if he would be able to prepare such a report in a short time frame and he felt that he could. So, the motion carried. I’ll have my seat cushion ready for May 23rd. Or maybe I’ll watch from home again. I bet it will be a looooong one.
Councillor Pouget then made a motion for administration to organize a meeting with EMS, Fire Department, Police Department, and a bunch of other organizations, for the next council meeting regarding the ferry issues on Boblo. (The list of invitees was long…..surprised the dog catcher and the fence viewing committee weren’t included LOL). Councillor McArthur felt that this would simply be a big public spectacle and to organize so many agencies for the next meeting would not be the most effective use of dollars. He also felt such a meeting should not be held in council chambers. Deputy Mayor Gibb said that he’d be upset too if he lived on Boblo however, he said that the more council gets involved with the situation, the closer council gets to being responsible for the ferry…..(Let that sink in folks….as it stands, the ferry is provided by a private company and the town is not involved…..but if one continues to stick one’s nose into something…..it can create liability……)
Chief Montone spoke about Annex X in the Town’s Emergency Plan in regards to Boblo Island. Councillor Crain felt that getting all of those people together in such a short time frame would likely be impossible. Councillor Pouget asked for a recorded vote and felt that it was a sad day that some on council didn’t want a meeting. (Did she forget so quickly that just two months ago council summoned Boblo representatives for a meeting about this? How many meetings are required to discuss the same thing over and over again? There was a meeting about this. It’s done. It’s over. Move on.)
Mayor Prue spoke at length and offered his perception of the Homeowner’s Association. At this point I noted that it was after 10:00 and there had not been a motion to extend the meeting. And there never was such a motion made…..interesting how rules of order are forgotten or not followed at times….yet other times…..hmmmmm……I guess when you’re busy passing the gavel around constantly, it’s easy for things to get missed….?
Councillor Allaire felt that the owner of the ferry did have a back up plan and unfortunately the backup plan did not work, so the tugboat was okay since it was the third option. She felt that essentially the developer provides the basic level of service and that 911 would exhaust all options should there be an emergency.
Councillor Courtney also did not feel that an open forum would be a good idea and he felt that he had to protect the municipality. He did not want the meeting in open session. CAO Critchley noted that the ferry involves a private contract with the developer.
Anyway, it went to a recorded vote and failed.
Support : Councillor Pouget
Opposed : Everybody else.
Councillor McArthur then made a motion for administration and the Fire Chief to request permission to provide Annex X from the town’s emergency plan, since it is Boblo’s emergency plan. Councillor Allaire seconded the motion. Councillor Pouget made a comment that council is supposed to be running the town not administration. (Which, before I go on, really isn’t the case…..council gives direction to administration and administration does the day to day work of running the town…..) Anyway, Councillor McArthur said something about that’s why he just gave direction to administration and Councillor Pouget got upset….and then they voted and the motion carried. Although Councillor Pouget voted in opposition.
It was 10:28 and council was starting to move to the two final bylaws. My screen went black and the video feed cut out. I took that as an omen, that I was done for the night.
Stop reading now.
Just a personal observation from someone that has actively watched council meetings for over 8 years…..it seems that each meeting is more chaotic than the last with this new term of council. I believe that the chair of the meeting is supposed to remain neutral and just concentrate on running an orderly meeting. Here is the link about passing the gavel that I had provided before https://jurassicparliament.com/pass-the-gavel/?fbclid=IwAR3Khxl0maqVI0JBv2BMkQrD2h3TuB9IseH4-IVpVwvzGpD2H7woA0QTQ2Y
I think Mayor Prue has some thinking to do…..does he want to speak on so many items, passing the gavel around, influencing council and generally creating very difficult to follow meetings? Or does he want to just chair the meeting and get business done?
And that’s it, that’s all. If you’re still reading this, you shouldn’t be. You were supposed to have stopped reading a long time ago!
Have a great week Amherstburg! I’ll see you in two weeks!