Do not read this blog. If you were in a tizzy about my blog after the Open Air debate and spent the next 2 weeks thinking about me and talking about me…..then, really, seriously, don’t read this blog. Stop reading right now.
Tuesday night’s meeting lasted until 11:10 PM!!! The hotel bylaw amendment lasted over three hours!!!!!!!!!!!!!!!!!!!!!! The meeting dragged on and on and on…..I watched from home, so I missed some of the heckling. But I know it happened because the Fire Chief, while he was speaking, had to stop and ask people to be respectful. Then the Mayor interjected about decorum. Councillor Allaire spent the better chunk of the meeting texting on her phone. Councillor Courtney actually made sense a time or two. Here is a summary of the loooong meeting…..I’m trying hard to condense it the best I can. If you just read that, you shouldn’t have. Stop reading this blog.
Delegation – Re: Fire Safety Salmoni Building – David Wharram
Mr Wharram delegated to council first. He spoke about safety concerns for Salmoni residents should the hotel be built. Stop reading this blog.
Presentation re. 252 Dalhousie Street – Chief Bruce Montone and Chief Building Official Angelo Avolio
Fire Chief Montone then made his presentation and explained quite clearly that the above-mentioned concerns applied to single residential homes not to apartment or condominium buildings.
Council had asked the Fire Chief for a comprehensive report regarding fire safety and the Salmoni building. Be careful what you ask for council, you got it. And you got it tenfold!!! The Fire Chief’s report was VERY lengthy and at times quite technical. Fire Chief Montone explained that 8 of the 14 windows on the south wall of the Salmoni have heat activated shields. He showed pictures of the site plan and the building. Mr Avolio, the Chief Building Official explained the requirements of the Building Code, of which the Salmoni building was in compliance when constructed. Fire Chief Montone explained the training levels of our local firefighters. He went into great detail (as requested by council) about the operations and how things would work for fire safety at the Salmoni if required. It went on so long that Mayor Prue asked the Chief to try to keep the presentation moving since it was taking a long time. (I could hear from home some grumblings in the crowd….) Mayor Prue explained that the Fire Chief was answering the questions that council had asked. Ironically, the members of council who so keenly wanted this report, seemed to be the most disinterested during the presentation and didn’t even seem to be listening. Interesting. At one point, while Chief Montone was speaking, he had to stop and tell people in the gallery that they had shown respect to the public and listened and that he was asking for the same in return. Mayor Prue interjected as well and told the gallery to show respect and reminded the gallery that the Fire Chief is a professional. Chief Montone explained exactly how things work as firefighters arrive on scene and what each one would be tasked to do.
Ultimately, here is the conclusion to his presentation and it says it all :
“the construction of a new building at 256 Dalhousie St. would not have any additional impact for the exiting of the south wall of the Salmoni building.
The two properties are independent from each other and any design and construction of a new building would have to comply with the Ontario Building Code requirements and following Occupancy, the Ontario Fire Code.”
Councillor Pouget started asking questions. There was a lot of back and forth between Councillor Pouget and the Fire Chief. The Chiefs replies explained it all and then some of how fires are fought.
Councillor Courtney felt that the Fire Chief’s report was spot on and a fulsome report. (Remember this one folks!!!!) He noted that most people would not understand the tactics involved and he also used some technical talk about firefighting when he spoke. (Very true…..people that aren’t firefighters couldn’t understand the technical parts, but we could certainly understand that the building is very safe and that there is a clear plan and procedures in place.) Councillor Courtney wondered if the Salmoni building could have metal ladders installed attached to the southern wall to use as a self evacuation method. (Hmmmm…..very good idea!) The Chief Building official said that that could certainly be done but noted it was a question of who would pay for them. He said that the property owner could provide those and pay for them for the residents if they chose.
There was some more discussion then the presentation was received. Stop reading this blog.
Delegation- Re. Set Back for 256 Dalhousie Street – Don Parks
Mr Parks spoke next. He explained that he had measured the distance from the laneway to the windows. He felt that the fire truck would be able to be used with a 75 foot ladder even though the Chief had said that would not be feasible. He felt that the Chief’s report was false. He also felt that the traffic study done on the laneway behind the Salmoni building was not accurate since it was done when it was raining. Mayor Prue had to ask for an extension from council since Mr Parks had surpassed the 5 minute limit. Mr Parks then suggested that Mayor Prue was known as a compromise mayor….and then Mr Parks suggested that the town trade the Duffy’s property for the property and building next to the Salmoni that the Peddie’s own. (If this were a game of monopoly and I was Mrs Peddie, I would jump at that! But if I were a taxpayer making that lousy trade, I think I’d probably lose that game of Monopoly…..just sayin’…..seems like a pretty bad trade to me, for the town that is, not the Peddie’s LOL). (BTW, are you still reading? Stop reading!!!)
The delegation was received. Stop reading this blog.
Delegation re. 256 Dalhousie Street – Robert Brown
This item was a report from a planner hired by a resident in the Salmoni building. Mr Brown addressed council. He felt that the impact of light and airflow were not addressed in the documents about the hotel and the Salmoni building. He noted that there was no drop off area for the hotel. (These items weren’t really pertinent to the setback request but I digress….)
The delegation was received.
Presentation re. 256 Dalhousie Street Proposed Setback Relief – Colleen Peddie, Jerry Kavanaugh, Arash Mithoseini and Moira Davidson
This was a presentation regarding the new proposed boutique hotel. It’s only 17 slides and is an easy read. Here’s the link for those who are interested : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=11212
Ms Davidson explained that the use of the entire property was necessary to realize the full potential of the site. They showed a map during the presentation of the downtown area. There were 16 properties with yellow stars on them, that all have zero or near zero year yard setbacks…..(So the new hotel is hardly a precedent…..it’s old news now…..I guess…) Mr Mithoseini explained the traffic study that was done on the laneway behind the buildings. Ms Davidson explained how the garbage would be handled….it seems that Black Dog Entertainment will have a composting system that will reduce waste by 90%. It will be automated and odourless. She noted that it will be a tapas style restaurant and that there will not be a lot of grease. Ms Davidson also explained the planning rationale and that the hotel would benefit more than one public interest.
Mrs Peddie also spoke. She noted that the buildings that the Peddies had already refurbished had turned out beautifully and that they had kept their promises. (Oh yes…..River Bookshop, the Panetteria, White Woods Home and Evelyn’s Candy Shop…..all GORGEOUS buildings and development for Amherstburg!) Mrs Peddie spoke about how Amherstburg NEEDS a hotel. (Yes, we sure do!!!) She noted our walkable downtown and the healthy investment….people want amenities.
Mrs Peddie addressed Councillors Pouget and Courtney in regards to their questions from the last time she had delegated. She said a delegate had accused her of threatening not to build the hotel. She said that it was not a threat, but an answer to a question. She said that no, they would not build the hotel if they could not have full use of the property. She explained that she is a Chartered Professional Accountant and that already they are $1 million above the amount allotted for the project. She noted that they had used facts and data to answer questions. She felt that the vast majority are in favour of the hotel, six fold. That was met with applause, mixed with some grumbling in the gallery.
Councillor Pouget then spoke at length. She felt that there were a lot of unanswered questions. (I disagree…..Fire Chief Montone left no stone unturned…..not one….) Anyway…..Councillor Pouget and Mayor Prue had a dispute about the word “minor” about the variance and Dr Aspilla, the professional planner had to explain that yes, a setback is deemed as a minor bylaw amendment.
Councillor Allaire got into asking questions about small matters (the patio, the composting etc) yet failed later in the meeting to see the big picture of the hotel. The small matters were not the matter at hand. The matter at hand was a zoning bylaw amendment for a development that legally met all of the criteria.
Councillor Courtney started asking about the garbage too….I noted in my notes it was 8:03 PM at this point…..two hours into this….Councillor Courtney mentioned having to tread lightly about the development since he felt it was quaint, small and fit in with the downtown and would provide economic spinoff. He too would fail to see the big picture later at voting time sadly.
Councillor Allaire asked Mrs Peddie if she would be willing to have the same setback as the Salmoni and build one more floor up. Mrs Peddie said that that would create 20% less floor space, shrink the restaurant, shrink the entirety of the hotel and that it would not be financially viable.
The presentation was received.
Zoning By-law Amendment, ZBA-09-23, for 256 Dalhousie Street
This is the report in regards to the new proposed boutique hotel on Dalhousie Street. It is recommended to approve the zoning bylaw amendment. Here is the link to the report for those that are interested : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=11215
So here we were…..time to discuss the report for the zoning bylaw amendment for the hotel.
Councillor Pouget felt that administration should answer each of Mr Brown’s questions (he’s the planner hired by the Salmoni building). So, Deputy CAO, Ms Osborne did so. One by one. Each question was answered. Ms Osborne also noted that 36% of the buildings downtown already have a zero or near zero setback. There were more questions and more answers. Mayor Prue passed the gavel. Councillor Allaire was very busy texting on her phone. The whole thing had been going on for so so long.
I stopped taking notes for quite a while. Perhaps that’s why I was able to watch Councillor Allaire texting on her cell phone for such a long period of time.
Councillor Courtney was having an in depth back and forth with Dr Aspilla about planning and setbacks. But nobody was listening. Well, maybe some of the members of council that weren’t on their cell phones were. Councillor Courtney educated us about ventilation by letting us know he lives on the water and the nice breezes that he gets from the south. (So, as much as I had been impressed earlier with his idea about metal ladders….it just got thrown to the wind. Pun intended. LOL)
We were at the three hour mark. And FINALLY Councillor Crain made the motion, as recommended in the report and Councillor McArthur seconded it.
It is recommended that:
1. By-law 2023-051 being a by-law to amend Zoning By-law No. 1999-52, to amend the zoning for the subject lands, municipally known as 256 Dalhousie Street, be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.
Deputy Mayor Gibb then spoke. He felt that council ultimately has very little power regarding planning decisions. He felt that if the zoning application were denied that it would certainly be disputed at the Land Tribunal by the proponents. He also felt that if the application were approved it would also be disputed at the Land Tribunal by the Salmoni residents. He felt that even after all of the reports, all of the questions and all of the answers, that ultimately this issue will be decided by an upper level of government. Deputy Mayor Gibb felt that logic dictated that council had to protect the interests of the taxpayers and show fiduciary responsibility to have the town in the best legal position. He noted that the cost to defend the town’s position, if it were overturned, would be even higher. He noted that the development was in compliance with the Official Plan, the Downtown revitalization plan and all other applicable plans and laws. He noted that the provincial government is very development friendly and would likely allow this development to proceed as is. He said that he sympathized with the residents on the south side of the Salmoni building since they would be losing their view. He noted that the building code is clear and the development is consistent and compliant. He noted that the laneway behind the Salmoni building is not a legal road and that the hotel, like other businesses downtown, are not required to provide parking. He felt that people could argue about not liking the design or other subjective items but that members of council can’t do what they think, they must do as required by the law and that would be to approve the zoning amendment.
Councillor Crain felt that we can all agree that we want a hotel. He felt that developers are watching town council (oh yes they sure are!) and that council should not share a message that Amherstburg isn’t open for business. He noted that Black Dog Entertainment has followed through on all of their promises with their other beautiful developments. Councillor Crain also felt that if council approved this development that perhaps it would spark some interest from Amico to develop their hotel further up the street. He also noted that this development follows the Official plan and that many other buildings downtown have a zero setback. He felt that the garbage issues had been addressed, the traffic issues had been addressed and that it was time to move forward with a hotel.
Councillor McArthur then spoke. He noted that the town needs a hotel. The hotel would create jobs and broaden the tax base and allow us to catch up to other surrounding municipalities. He noted that the proponent was already $1 Million over their no-go amount. He noted that people have been quibbling about the location and that council had spent three hours discussing reasons that the hotel should not be built. He noted that the planning justification for the hotel showed that it is currently a vacant building that will turn into 15 hotel suites with a restaurant and bike rental shop. He felt that there is no higher or better use for this property than a hotel. Councillor McArthur noted that Amherstburg has won awards for tourism and that the Peddie’s follow through on their developments, they get it done and they do it right. Councillor McArthur said that he knows it’s not possible to please everybody but that he has listened and was making the best decision for the 23,000 residents of Amherstburg.
Councillor Allaire then spoke. She seemed to be on the edge of tears. She said that she was not going to apologize for focusing on the negative. She noted that she’s not a planner and that she doesn’t have a job right now. She said that being a mother is her only job. She felt that it was not a good argument that this issue would go to the Ontario Land Tribunal. She said that she would vote against it, that she supports a hotel but does not like the setback. (I was at home during this speech with my jaw on the floor…..Councillor Allaire does in fact have a job! Her job is to be a town councillor and do what is best for the Corporation of the Town of Amherstburg, and for the town as a whole. Training for the job of councillor is available and should be used! Learn about the Municipal Act that governs you, learn about the planning act to understand and see when developments are in compliance with the legislation! That is what the job of being an elected official entails!!! It entails among other things, training, professional workshops and learning and understanding legislation. Google doesn’t cut it. Making decisions based on emotion is not how to run a corporation. During a council meeting, council members are there in their role of elected official, not as a parent, or a spouse or any other roles they have outside of council chambers…..I think that Councillor Allaire made a decision (and a bad one) based on emotion…..what a shame. A real shame. Council members should be there making important decisions based on laws and legislation, not emotion. And I can’t help but wonder about the constant texting going on during this meeting? With whom? And why?)
Councillor Courtney then spoke. He felt that he agreed with Deputy Mayor Gibb and that somebody would be paying for the Land Tribunal hearing and that he had made great points. He said that absolutely council has a fiduciary responsibility. He then went on to negate what he had just said by saying that he was against the zero setback but not against the hotel. (Nice try…..translation…..you’re against what they need to build a hotel that would be viable…..so…..you’re voting against a hotel. Twist it however you’d like I guess….OR perhaps Councillor Courtney knew the right decision would be made, 4-3, so he chose to take the populist way out of this? I dunno…..) He thanked the Peddie’s and hoped there would be mediation as he felt both sides were digging their heels in.
Councillor Pouget then spoke. She felt she wasn’t voting against a hotel either. (Same principle here…..voting against what they need to build a hotel that would be viable so, voting against a hotel…..but I digress….) She felt that we have variances and setbacks for a reason. She also felt concerned about the traffic impact and the safety factors.
Mayor Prue then passed the gavel. He said that he had mixed feelings about this proposal. He noted that he had been concerned about the garbage but that concern was addressed. He was thankful to Chief Montone for the presentation regarding fire safety. Mayor Prue noted that 36% of the downtown core had zero or near zero setbacks. He noted that we need the hotel for Economic Development and Prosperity. He felt that there was a solid planning rationale and that he would support the development.
And the recorded vote :
Support : Councillor Crain, Deputy Mayor Gibb, Councillor McArthur, Mayor Prue
Opposed : Councillors Allaire, Courtney and Pouget
So, there you have it folks!!! The hotel is coming and I am thrilled!!!!! This is FANTASTIC news for Amherstburg!!!!! I do feel badly for the south side residents of the Salmoni building that they are losing their water view (some of it for sure) but ultimately, this hotel is much needed for Amherstburg and I love Amherstburg! And ultimately, if we take all emotion (for or against the hotel) out of the equation, this development met all of the planning requirements, building and zoning requirements.
And if you are still reading this, you shouldn’t be! You should have listened to me at the beginning and stopped reading. Don’t say you weren’t warned. Repeatedly
Council then took a 10 minute lifestyle break. It was approximately 9:15 PM…..Stop reading this blog.
Delegation – Re. Short Term Rentals – Mary Anne Adam
Mrs Adam addressed Council next. She lives in the Edgewater area. She felt that this past year there have been trespassing violations and noise bylaw violations and that the police had been called several times in the area. She felt that she was generally pleased with the new bylaw regarding short-term rentals however she was requesting that Council add two clauses to the bylaw in regards to density and to proximity. Councillor Courtney asked the manager of bylaws if it were possible to redo the bylaw at this time to add in the clauses. Mr Tetler felt that they would have to take it back and redo it and they would not be ready for the June 5th launch of accepting applications for short-term rentals. However, it was pointed out that the bylaw is a living document and can be amended as required. Mayor Prue noted that the bylaw was necessary but he did note that the Edgewater area was a unique area. Deputy Mayor Gibb asked how many short-term rentals there may be in the area; however Mr Tetler was unsure. Deputy Mayor Gibb then asked how many complaints had been put in for the area. Mr Tetler said that there were roughly eight complaints to the bylaw officer and roughly eight complaints to the police department.
There was some back and forth but it was approaching 10:00 and Mayor Prue was concerned about getting a motion to extend past 10:00 p.m. Councillor Pouget then made a motion to continue the meeting until 11:00 p.m. and this carried. Councillor Allaire made a motion to receive the delegation and there was some kind of wording in regards to approving the short-term rental by law. I don’t believe that they are going to amend it at this time however it was difficult to follow because I was very very tired at this point after having sat through almost a four hour meeting. See? Why are you reading this blog anyway? Stop reading it.
Presentation re. Amending Boblo Subdivision Agreement – Cindy Prince, Vice President Amico Affiliates
Development Agreement: South End of Boblo Island
The two above items were combined into one. Mayor Prue had declared a conflict of interest so Deputy Mayor Gibb assumed the chair. Rather than figuratively pass the gavel, this time Mayor Prue vacated his seat and Deputy Mayor Gibb took over chairing the meeting.
Ms Prince began her presentation and she wanted to start with the positive things that have been going on. She spoke about the town and Boblo being joint recipients of an award. She also spoke about the extensive work being done on the shoreline. She went through the history of how Mr Amicone came to own Boblo Island and explained again how Mr Amicone had ensured that everyone was paid their debts when he took over Boblo Island. Ms Prince noted that the town had been owed 1.54 million dollars around 20 years ago when the previous owner of Boblo went bankrupt. Mr Amicone ensured, through an agreement, that every penny was paid in exchange for approval and support of the development of the south end of Boblo Island. Miss Prince said that they were looking to honor their end of the deal and that Heritage buildings were accessible and she was hoping that this would conclude her appearances to council. She noted that over 18 million dollars was already invested in the South End of Boblo and they were anxious to get it moving; she also noted that the environmental concerns of the snakes had been addressed and the snakes are thriving.
Councillor Pouget began asking extensive questions yet again about the ferry. Deputy Mayor Gibb asked Councillor Pouget to stay on topic about the development of the south end of the island. Councillor Pouget then began asking questions about the Marina and the North End of the island. Deputy Mayor Gibb asked Councilor Pouget to stay on topic and only discuss the south end development. (Considering that the meeting had been dragging on and on for hours and everyone was exhausted, it was probably more important than ever to stay on topic…..to keep things moving….but well….you know how it is at a council meeting…..Some of you reading – even though you shouldn’t be reading – may have watched the meeting yourselves…..so you really, really know….). CAO Critchley explained to council that it was simply some minor changes to the development agreement and that there had been ongoing and regular discussions with the developer of Boblo Island. Ultimately, all of the off-topic questions and discussions did what they usually do, waste time, and the motion was made to approve the recommendation and it carried. Councillor Pouget voted in opposition.
It is recommended that passed:
1. Council ENDORSE the Development Agreement for the South End of Boblo Island File No.: 37-T-14004 attached as Appendix ‘E’; and
2. Council ENDORSE the Conditions for the Development Agreement as APPROVED by the Ontario Land Tribunal on March 3, 2023, Case Number OLT22-004515, formerly PL170798 as attached as Appendix ‘B’; and
3. Administration FORWARD the Development Agreement for the South End of Boblo Island File No.: 37-T-14004 attached as Appendix ‘E’ to the County of Essex.
4. By-law 2023-043 being a by-law to authorize the execution of an Amending Subdivision Agreement between Boblo Developments Inc. and the Council of the Corporation of the Town of Amherstburg be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same.
There were many many more items discussed however they all passed through fairly quickly. I won’t summarize them all to save myself some keystrokes. I was also very tired out listening to the meeting go on and on and on…..Are you tired of reading this blog? You’re not even supposed to be reading right now! Stop reading!
NEW BUSINESS
Councillor Allair wanted to make a motion to revisit the rezoning of the downtown core regarding lack of parking. The CAO suggested that she wait until the Official Plan was finished and the zoning bylaw review.
Councillor Courtney made a motion to get a report about installing temporary showers at Station 3 (former Malden fire hall), with costs. This motion carried.
Councillor Pouget asked about three parking spots that had been removed downtown. Mr Tetler pointed out that the spots in question were not actually parking spots. One is very close to a corner. The other two were never intended for parking and are in the middle of an intersection and were intended for loading and unloading.
(I’m going to rant a little bit here…..so stop reading…..this constant complaining about perceived downtown parking problems just blows my mind. I go downtown frequently and have never had a problem finding parking. Maybe it’s because I am willing to walk one, two, sometimes three Amherstburg blocks….I don’t know…..Have we become so lazy as a society that walking a few (small town) blocks is so terrible????? Walking is good for you! End of rant. For now. I won’t promise it won’t happen again. And if you’re upset, I told you not to read this blog and you didn’t listen.)
Councillor Pouget talked about the tennis courts but I was honestly so tired I’m really unsure what happened. Originally, there wasn’t a seconder, then Councillor Courtney seconded the motion. Then the vote went 3-3 but Mayor Prue broke the tie and said something about “let’s get the report”…..so I’m guessing it’s a report about the tennis courts, just unsure which ones?
It was 11:08 PM….I couldn’t believe I had made it this late and this long…..
Councillor Courtney read a notice of motion that will be discussed at the next meeting. It was something about reserving space for an 8 lane track at Centennial Park and extending the date to raise the funds until June 12, 2025.
And the meeting finally adjourned at 11:11PM.
So, the great news is we are getting a hotel!!!!! WOO HOO!!! The sad news is that it took over 3 hours of debate and finding all kinds of reasons to fight against the hotel…..Not a good look Amherstburg. Not even a little bit.
It did take me Wednesday evening and Thursday evening to get this blog done. Again. Another two night project to summarize the Marathon Meetings. Frankly, the Marathon Meetings have now progressed to Iron Man Triathlons, just sayin’. Only the strongest can endure them I guess LOL.
With that, the weather is beautiful, I intend to enjoy it and have a beautiful weekend! Only one more week until Open Air starts!!! So excited for that! Can’t wait!!! I hope I can find a parking spot! LOL ! Just kidding, I know I will! 😀
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