Monday August 14th Regular town council meeting

Well I decided to go to the meeting in person on Monday night. I’ve been watching from home the last few months so I decided to change it up. 

Council had a planning meeting at 4:00 but it was over when I arrived closer to 6:00 for the regular meeting. 

A couple of observations…..the gavel was passed many, many times. Sigh. One member of council was typing on their computer almost all evening during the meeting….during the land acknowledgement, during the delegations, during the presentations, type, type, type…..I had noticed it watching from home during previous meetings but it seemed to be more excessive on Monday night. Not quite sure why the constant typing during the meeting when members of council should be 100% focused on whoever is speaking, at least that’s what I think. Makes it look like someone may be using instant messaging on their laptop instead of texting? That’s how it appeared. I understand having to jot down a note or two here and there during the meeting, but what I saw was not that. You can watch the meeting for yourself to see. 

***Councillor Courtney was on zoom for this meeting and appeared to be at work.****

I arrived at the meeting and the gallery was pretty full. Ironically, it cleared right out after the delegations, when the most important discussions (i.e. finances) were still to come…..I get it wanting to be there to support a delegation, but it seemed odd that so many people left before the big ticket items were presented. Just an observation. I also noticed that members of council had no questions or very few questions about the big ticket items ( for example, finances and changing the procedural bylaw) yet went on at length at the end of the meeting about two “parking spots” on Dalhousie Street. Another member of council was making motions as presented quickly all night yet managed to open up the debate again about Open Air at the end of the meeting and that dragged on and on. It’s sad that a few members of council can’t see that they are there for the big picture items, not the minutia. But I digress. They can’t seem to see the forest for the trees. 

RECOGNITIONS

Municipal Plaque Presentation – Amherstburg Freedom Museum – 271 King – Dr. Brenda McCurdy 

Mayor Prue read a history of the Nazry Episcopal Church, which is now part of the Amherstburg Freedom Museum. He explained when it was built and how it came to be named. Dr McCurdy received the plaque, there were some pictures taken and she offered her thanks to the town for the plaque. 

Municipal Plaque Presentation – John Bustra – 109 Gore – John and Myrna Bustard 

Mayor Prue then read a history of the house located at 109 Gore Street. He explained the renovations that took place. The Bustard’s received their plaque, there were some pictures taken and they also offered their thanks for the recognition of their property. 

DELEGATIONS

Delegation: Frank Cerasa – OLT Appeals and Hotels

Mr Cerasa spoke first. He read a letter to the editor that he had sent in to the River Town Times. He then spoke about the new proposed boutique hotel that was approved by council a few months ago. It will be located next to the Salmoni building. He felt that resolving the differences about this item should be resolved at the local level rather than at the Land Tribunal (the provincial level). Mr Cerasa proposed the idea that the town swap a piece of the old Duffy’s property with the Peddie’s so that they can put the hotel there instead. 

There weren’t any questions from council. The delegation was simply received. 

Delegation: Greg Nemeth – Emergency Siren System

Mr Nemeth spoke next. Council had voted a while ago to decommission the existing emergency siren system in town. Mr Nemeth said that there were Osprey nests located on the pole at the North end of Centennial Park as well as in a few other locations around town. He felt that the birds were good at being persistent and resilient and that since the 70s, had returned to respectable numbers. He noted that they have adapted and need nesting sites. He was requesting that the emergency poles remain and that platforms be placed there for nesting sites. 

The Clerk had a motion for council to consider…something about council to direct administration to look at this issue in the budget proposal for 2024 for further consideration. (It was my understanding that nothing was going to happen to the poles anyway until 2024, since it would cost money to remove them or modify them and that has to be budgeted for….so I don’t think there was any imminent danger at all to the birds….but I digress….)

There were a few questions about locations of the nesting sites but I couldn’t catch them all on the spot while taking notes. But there are several. It seems that the birds had adapted to nesting on human made structures. 

Councillor Pouget wondered if the Osprey were spooked by the testing of the siren system. The Fire Chief explained that since 2018 the town has been aware of the nests and those locations are tested silently. It seems they have the ability to test the circuits without activating the sirens. 

Councillor Allaire asked Mr Nemeth if he was ok with the motion and if he liked it. (I thought that was interesting….a member of the public gets a say or a quasi-vote about a motion?)

Councillor Crain asked for clarification since he felt that the town didn’t have any intention to disturb the nests. The Fire Chief explained that that was correct that nothing was going to be done until 2024 since that was the date that council had approved. He said that what would be done was disconnecting the power in order to save the town some money. 

The Clerk explained that the report within the 2024 budget would speak to removal/modification of all of the emergency response poles with options. 

The motion was made and it carried. 

Delegation : Lorraine Bortolin – Notice of Draft Plan of Subdivision Application 37-T-23005 (supplementary agenda)

There was a bit of confusion here. Mayor Prue said that the delegation had been withdrawn but it turns out that Ms Bortolin was present after all. She had thought she wouldn’t be able to get to the meeting in time. So she spoke and presented her delegation. 

Ms Bortlini expressed some concerns regarding the Brittany’s Gate Subdivision. The proposed subdivision is expected to have 18 homes. She listed the following concerns : additional backyard flooding issues, loss of wooded areas, loss of wildlife, loss of privacy, higher traffic volumes and loss of peacefulness. 

Ms Bortolin said that she had met with the planner. She wondered how the wildlife would be affected and if another environmental study would be done. She also felt that another traffic study would be needed. 

The delegation was received. This item would be discussed later in the meeting. 

Consolidated Financial Statements of The Town of Amherstburg, Cynthia Swift, Audit Partner, KPMG

Ms Swift presented the financial statements for the Corporation of the Town of Amherstburg. She went through the statements briefly however noted that had been gone through in detail with the Audit and Finance Committee. They were done using the public sector accounting standards. She noted that the town should continue to invest in IT and that cyber security continues to be an issue. She noted that the books and records were clean and that the firm received full cooperation from management. 

She noted on item that the current IT system in Amherstburg is a very manual system, which means that a lot of manual input is required. She noted a concern about efficiency with this system and the possibility of human error. (Side note….as someone who has sat through nine years of meetings…..year after year, the accounting department has talked about our antiquated systems….and year after year, council would put bandaids on it and provide budget money for small “upgrades” but never the fully necessary upgrades…..maybe this year will be different? Did anybody on council catch what Ms Swift said? Well, probably not the person that was typing during the presentation, but any of the others?) Ms Swift also offered a final comment that over the next five years there will be significant changes and accounting changes. (Probably time that we get with the times I guess….)

Councillor Pouget had a few questions about the debt. She wondered if the debt was locked in. The Treasurer explained that they were currently working on a report about ratios of debt and interest and that report would be coming in September with answers to the questions. 

Councillor Crain expressed that a key theme during the Audit and Finance Committee meeting was upgrading our accounting system. He noted that it’s not necessarily appealing to invest in upgraded accounting systems but that the time it takes for the current format is not efficient. (I get it, people can’t “see” new accounting programs, but they can “see” new roads or new parks….investing in things that can’t be “seen” is just as important in my opinion….) 

The report was received by council. 

2022 Year End (Q4) Budget to Actual Summaries and Transfers

Councillor Allaire wondered if Amherstburg’s debt was similar to other municipalities or if it was considered too high. The Treasurer felt it was consistent but that she did not have final numbers from other municipalities to compare. 

Mayor Prue felt that each year he asks for a 0% tax increase and the answer is always no. He noted that each year the surplus is around 4%. He wondered if it would be possible to have a budget that comes in at 0% and then no surplus of money at year end. 

The Treasurer explained that there are many unpredictable factors that can arise during the year and that the budget is an estimation of required monies. CAO Critchley explained that part of the surplus was staff gapping. For example, an employee leaves and it then takes time to recruit a new person and hire them, so a position (salary being paid) can be vacant for a while. She also noted that a municipality is not allowed to have a deficit budget and the budget is an informed estimate. I’m going to say that again….the town can not run in a deficit budget…..

Mayor Prue said while he was happy to set money aside into reserves when we have it, he wondered when the reserves would be robust enough. The Treasurer said that the next step is a financial plan and the Asset Management Plan. (For those with a good memory – like me – you will remember that Amherstburg has a large asset management deficit – we don’t even have the money to properly maintain all of the infrastructure that we have – so the days of having enough in reserves are likely in the very distant future….)

The motion was made as per the recommendation below and it carried. 

It is recommended that: 

1. The Transfers to Reserves/Reserve Funds made by the Treasurer as outlined in Appendix A, B, and C to the 2022 Year End (Q4) Budget to Actual Summaries and Transfers Report BE AFFIRMED; 

2. That 2022 over-expenditures and reserve transfers BE APPROVED as follows (Appendix B): a. $10,960.22 to the EV project from Contingency Reserve 

b. $7,616.59 from Fleet Reserve 

c. $104,297.57 from Gas Tax Reserve 

d. $65,316.98 from General Reserve 

e. $263,621.00 from Grant Reserve 

f. $492,303.26 from Wastewater Reserve 

3. That the Treasurer BE AUTHORIZED to transfer the taxation-supported surplus $1,271,395 as follows (Appendix A): 

a. $500,000 to General Reserve Fund, and 

b. $500,000 to Drainage Reserve Fund, and 

c. $271,395 (remaining) to Contingency Reserve, and 

4. That the Treasurer BE AUTHORIZED to transfer (Appendix C): 

a. $724,153.39 to Building Reserve 

b. $1,359,527.01 to Water Reserves 

c. $1,297,353.07 to Wastewater Reserves

2022 Year End Reporting: Audited Consolidated Financial Statements, Building Services Annual Statement, Development Charge Reserve Funds Statement, and 2022 Parkland Dedication Reserve Statement

This item carried with no discussion. Here is the motion : 

It is recommended that: 

1. The report from the Treasurer and the Director of Corporate Services dated Aug 14, 2023 regarding 2022 Year End Reporting: Audited Consolidated Financial Statements, Building Services Annual Statement and Amended Development Charge Reserve Funds Statement BE RECEIVED; 

2. The Audited Consolidated Financial Statements for the year ended December 31, 2022 BE APPROVED; 

3. The Audit Findings Report of KPMG for the year ended December 31, 2022 BE RECEIVED; 4. Administration BE AUTHORIZED to post the 2022 Consolidated Financial Statements on the Town of Amherstburg website; 

5. The Statement of Revenue and Expenses and Accumulated Net Expense for Building Services for the year ended December 31, 2022 BE RECEIVED; 

6. The Development Charges Reserve Funds Statement, for the year ended December 31, 2022 BE RECEIVED; and, 7. The Parkland Dedication Reserve Statement, for the year ended December 31, 2022 BE RECEIVED.

40th Anniversary Legacy Project Partnership Windsor Community Foundation

This looks like a really cool concept for Amherstburg! It seems that the Windsor Community Foundation is celebrating their 40th anniversary this year and has approached each municipality in the region to create a legacy project in each area. The proposal is a large “photo frame” near the tourist information booth on Sandwich Street. The Windsor Community Foundation is funding the project. 

Councillor Crain felt that this was a great project however he wondered about the possibility of the town having to pull up to $15,000 from reserves. He asked if it would only be used in case of any difficulties. The Director of Parks confirmed that yes, the money would only be used if there were difficulties during the installation. (For example suddenly requiring an environmental assessment or other issue). 

Councillor Courtney was concerned with the amount being set aside if it were required. He felt that it was a small hole being dug but a massive amount of money. Ms Baillargeon, Director of Parks explained that it’s the waterfront area and you never know what you could hit or find. (Don’t forget folks, we are very truly an historical town….) Councillor Courtney noted that there are other signs and structures in the area where the photo frame will be constructed and wondered if there had been any problems during their construction. Ms Baillargeon said she did not know since she was not working for Amherstburg at the time. (I often have to chuckle when questions like that are asked…..I’ve been following closely for nine years and I think I can count on one hand how many staff were here nine years ago and how many are still here now….it’s kind of sad though really. There is a great cost to staff turnover….)

Councillor McArthur liked the concept of the selfie frame and confirmed that it would say “Amherstburg” on it as well as the slogan “Hole in the Wall”. 

Here is the recommendation and it carried : 

It is recommended that: 

1. Council APPROVE the proposed Legacy Photo Frame Project including the design concept and location at Amherstburg North Gateway by the Tourist Information Centre on the waterfront as attached under Appendix A; 

2. Council RECEIVE funding from the WECF in the amount of $15,000 for the project; 

3. Council APPROVE matching funding for the Project in the amount of $15,000 from the Capital New Reserve Fund should the project encounter any unforeseen project site or soil conditions in order to execute the project in full; and,

4. Council DELEGATE authority to the CAO to sign and such agreements or purchase order necessary in order to fully execute the project.

2023 Backhoe Replacement Program

Councillor Courtney started to ask a question but then had to leave the meeting since he was at work I guess. 

There was a very small amount of discussion and then the motion was made and carried. Here it is : 

It is recommended that: 

1. An expenditure for the purchase of a 2024 Case 580 WT Backhoe BE APPROVED for a total cost not to exceed $195,403.92 including net HST; 2. The purchase of the 2024 Case 580 WT Backhoe BE AWARDED to Kurcera Group Tecumseh.

Belle Vue Expression of Interest – Planning for Next Steps

Councillor Pouget declared a conflict of interest for this item. 

In a nutshell, council has issued an Expression of Interest for the Belle Vue house and property. Submissions have been made. It seems that the submissions will go before the Economic Development Committee and the Heritage Committee before they eventually make it in front of council in October. It looks like an in-depth analysis of the submissions will be needed to ensure that the plans are viable and administration is looking for some additional funds from council, however the funding requested is the balance of the previously approved funding. (Hope that makes sense! LOL)

Anyway, I know that many people are following along about Belle Vue so here is the link to the full report for those who want more detail : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=11890

Councillor Crain felt that the funds that were still held in reserve would help to move this project forward. He wondered if the funding may not be sufficient for the long term for the expressions of interest. He wondered if more money may be necessary in 2024 from reserves. 

Ms Osborne, Deputy CAO, said that this item is a wildcard. They were not yet sure how many submissions would be received on Wednesday (the deadline) and how many would be viable. She felt that more would be known once the town sees how many expressions of interest are received. 

Deputy Mayor Gibb said that he had publicly stated in the past that he wouldn’t support spending taxpayer money on Belle Vue. However, he felt that in this situation, things had changed and that the town needed to move forward with the expressions of interest, therefore he would support the motion. 

The motion was made as recommended and it carried. Here it is : 

It is recommended that: 

1. Council APPROVE funding in the amount of $37,076 to complete various work related to the next steps in the Belle Vue Expression of Interest (Project #721002) and; 

2. Council APPROVE the funding of $37,076 from the balance of the previously approved funding in the General Reserve (0400) for Belle Vue Manor 

Endorsement of Brittany’s Gate Subdivision

This was the item that Ms Bortolin had delegated about earlier in the meeting. 

There seems to be a plan for another subdivision in the Texas Road area that will need some approvals from council. It appears that the proposal has been presented to County Council and there are 18 new homes to be added to the area.

Councillor Crain felt that the decision about the subdivision was ultimately up to the County of Essex. Dr Aspila, the Planner, said that the County of Essex deemed the application complete and that it was their decision to make, however they preferred that the town endorse the new subdivision. Councilllor Crain felt that the County could move forward on this project without the town and that did seem to be the case. 

Councillor Pouget had a few questions. She asked about the traffic study. Administration explained that one was not required. (Just a side note, my pen ran out of ink at this point and I had to dig another pen out of my purse so I missed taking note of some of the other questions.

Councillor McArthur asked and confirmed from administration that the applicant is not seeking rezoning. They are using their existing zoning and the development complies with existing zoning. 

Mayor Prue passed the gavel and noted that the streets were referred to as Brittney Avenue and Brittanny Street. He felt that they did not meet the street naming requirement. He wanted the streets named Street A and Street B. Ms Osborne, the Deputy CAO said that the street names had gone to the Heritage Committee but that they would be referred to as A and B until a later date. 

The motion was made to proceed and it carried. 

Housing Accelerator Fund (HAF)

This item carried with no discussion. 

Licensing Committee Terms of Reference and Call for Applications

It seems that there will be a new committee established to deal with any potential disputes about short-term rentals (AirBnBs). The town recently adopted a bylaw to oversee the licensing of such facilities.

There were a few questions but this carried. 

2023 Special Events Approval-Part VIII

There are a few upcoming events schedule and various approvals were needed. 

There was some discussion about possible conflicts for the Legion Week parade and the Uncommon Festival. However, it seems that the parade for Legion Week only lasts about 20 minutes and takes place in the morning, therefore the Uncommon Festival would not affect it. 

Here is the motion with all of the wonderful upcoming events that were approved!!! 

It is recommended that: 

1. The following events BE APPROVED: 

a) Outdoor Family Movie Night at Pat Thrasher Park – September 9, 2023 

b) Amherstburg Uncommon – September 15th – September 17th, 2023 

c) iii) Legion Week Parade 2023 – September 16th, 2023 

d) iv) Truth and Reconciliation – September 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: 

3. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm: a) Amherstburg Uncommon – September 15th, 2023 @ 1500hrs – September 17th, 2023 @ 1800hrs 

b) Legion Week Parade 2023 – September 16th, 2023 – rolling road closure from 1015hrs till 1045hrs 

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) Legion Week Parade 2023 – September 16th, 2023 ($59 Noise Permit)

Procedural By-law Renewal for Greater Civic Participation and Engagement

This item passed and carried with NO questions or discussion! But I am going to write about it since this is a big deal. Council changed their procedural bylaw. 

Here is a copy of the bylaw that was attached to the agenda in draft form, however it was approved without any modifications : 

https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=12024

For those that attend meetings and follow along this is huge. 

It seems that agendas will be provided to the public 10 or 11 days before the next council meeting, since as it stands now, they are provided 4 or 5 days ahead of time. (Except planning meetings will fall under their own legislation). This will allow residents more time to review the agenda and be able to get their delegation requests in on time if there is an item that they wish to speak on. As well, members of council will be able to participate in the meetings electronically, without any limit to that type of participation. (Some jurisdictions limit the number of times per year that a member of council can participate electronically). Council meetings are set to finish at 10:00 PM. They can now only be extended up to 11:00 PM but no later in order to respect labour laws for the staff that are present at such meetings. As well, if there is an item that is not on the agenda and a member of the public wants it addressed, it appears that a member of council will need to ask for a report during new business. It seems that getting answers to simple questions will be done outside of the public meetings rather than taking time during new business to do so. The procedural bylaw also includes a section about decorum for those in attendance of the meetings. 

Going forward this new procedural bylaw will change the structure of the meetings, in particular New Business. (And for that….thank you!!!! New Business should not be a random jackpot of zingers or questions about minutiae that could easily be handled quickly OUTSIDE of a public meeting….)

For delegations, residents will now have ample time to submit their paperwork should they wish to talk about an agenda item. This is a good thing. 

As for the rest of the procedural bylaw? Take a good read. I think we may be (finally) on our way to having efficient and effective meetings. I hope that council has taken the time to be very familiar with the new procedural bylaw and will call points of order as necessary to ensure that it’s followed and respected. 

Official Plan Update Report #1

There was a presentation about the Official Plan update from Dillon Consulting. It gave a detailed growth forecast for Amherstburg. It looks like our population will increase to 36,000 people by 2051, so an increase of about 12,000 people over the next 18 years or so.  Between 2021 to 2051 there will be an increase of about 3,600 jobs in Amherstburg, which is about a 1.6% rate of growth. And the number of households will grow from 9,185 in 2021 to 13,465 by 2051. Very interesting information!!!! (Well it was to me and most of council anyway…..somebody was typing the whole time….odd…..) 

Deputy Mayor Gibb wondered if the official plan included ways to integrate attainable housing or policies for first time home buyers. Dr Aspila said that there were options that administration would look at. 

UNFINISHED BUSINESS

And this is where the tunnel vision took over….

Councillor Allaire asked about the no parking signs on Dalhousie Street (intersection of Dalhousie and Richmond Street) that had now become an unloading/loading zone. Councillor Pouget thought that parking wasn’t allowed within so many meters of an intersection and she felt that it was a surprise that it was a loading/unloading zone and wondered if it was safe. 

Mr Tetler, Manager of Licensing and Enforcement explained that the area was for loading and unloading for businesses that were receiving shipments. He noted that without this area, the transport trucks would take up a laneway which is unsafe. The loading and unloading area is a safer way for the businesses to receive their goods. 

And here is where some members of council went down the rabbit hole of minutia…..Ironically not a single comment or question about changing their own procedural bylaw but an abundance of discussion and questions about a loading/unloading zone…..They can’t see the forest for the trees…..

Councillor Allaire asked about people using it for parking. Mr Tetler explained the area is for loading or unloading. Councillor Allaire wondered how other municipalities deal with loading and unloading. Mr Tetler said that they are currently looking into it to prepare a report. Councillor Allaire wondered if cars were parked there if they could be ticketed. Yes, they could. 

Councillor Pouget felt that when council was told they were removing the area for parking that they had been told that people could not park within so many meters of an intersection. Mr Tetler explained that when semi trucks take up one laneway on the road, they can now stop there and traffic can keep moving, rather than cars having to try to get around a semi truck parked in the road. 

Councillor Courtney felt that it was a safety concern. Mr Tetler felt that it was safer to put trucks in the loading/unloading zone rather than on the road. (I’ve witnessed it first-hand more than once….semi truck stops in laneway on Dalhousie to make a delivery to a local business…..cars trying to get around the semi truck with two directional traffic…..absolute nightmare….). Councillor Courtney went on and on and on…..to the point that Councillor McArthur interjected a point of order that Mr Tetler had answered the same questions 5 times. Mayor Prue agreed that it was a point of order and that Councillor Courtney’s question had been answered. 

There were a few questions about items on the cheque registry. 

There was a motion made to have Mayor Prue write a letter to Chris Lewis MP to try to expedite the removal of the Boblo dock. They decided to also send the same letter to the Minister. 

NEW BUSINESS

Councillor Allaire wanted a survey about Open Air added to the Talk the Burg website and to include a comment section. Councillor Pouget seconded the motion. 

Councillor Crain that there had been many surveys about Open Air to date. Ms Baillargeon, Director of Parks said that that was correct. 

Councillor Allaire wanted a survey available for all of the residents, not just the business owners. Councillor McArthur felt that information is power but that it would have to be a different survey than the ones the businesses receive. Councillor McArthur also said that council was expecting a full report about the strengths and weaknesses of Open Air. He felt that the extra survey should be for residents but asking the right questions for the residents. 

Councillor Allaire felt that a question about the frequency of Open Air was important. She noted that her family uses it “literally every weekend”. I found that interesting that she and her family attend it every weekend when she voted against Open Air and seemed to want it Saturday night only….not much of a family event if it’s only held on Saturday nights in my opinion….

Deputy Mayor Gibb wondered if now was the time for a survey or if they should wait until the event is over to put out a survey. 

Ms Baillargeon felt it would be better to wait until the end of the event and that the public could be notified about the survey. 

There was debate if the Uncommon Festival was part of Open Air or was just its own festival. Councillor Allaire wanted the survey open from September 4th to September 30th in order to make decisions about the budget. She felt that last year, council had “screwed over” the tourism department by changing the dates of Open Air. 

Ms Baillargeon said that residents have been surveyed during Open Air. She said that administration could formulate a survey and send it to council for review. Mayor Prue noted that the next meeting is September 11th. I think it was decided that administration would formulate the questions and that the CAO would review the survey. 

Councilor McArthur said that administration would need time to create the survey, make hard copies accessible, to make the survey accessible etc. 

Councillor Crain felt that he would not support the motion. He felt that it was best to survey ALL events and wondered why council wanted to just survey Open Air. He felt that an all-encompassing survey should be done instead. (And I agree…..because the reality of it all is this…..there are a few businesses/residents that don’t like Open Air….but guess what….there are a few businesses/residents that don’t like the Uncommon Festival….there are a few businesses/residents that don’t like the Gone Car Crazy show….there are a few businesses/residents that don’t like the TRUE Festival…..there are a few businesses/residents that don’t like the Canada Day Festival….Basically, there are a few businesses/residents that don’t like many of the various festivals that we hold….I think the few that don’t like Open Air are just more vocal than the few that don’t like the other festivalsand I think it’s a real shame that certain members of council continue to try to pick apart and target a highly successful event....)

The debate raged on. But ultimately it carried. Councillor Crain was the lone opposition vote. There will be a survey about Open Air. But don’t worry folks! I will let you know in a special edition blog when it’s up and running! Those that love it need to be just as vocal as the few that don’t. Because I know that most people love Open Air! Speaking of which, I’ll see you all there this weekend! It’s supposed to be a beautiful weekend and we will fill it with fun!!! See you there! 🙂 

The meeting dragged on. A few more minor questions and items were discussed under New Business. It will be interesting to see how that will change at the next meeting, with the new procedural bylaw and all. I hope everybody has read it! 🙂  

Then council went in-camera to discuss : 

Special In-Camera Council 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: Infrastructure and investment related to an Economic Development Matter Section 239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; Section 239 (2) (j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; 

Item B: Legal advice regarding Enforcement Activities Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 

When I left the meeting it was pouring rain! I had to change my clothes and blow dry my hair when I got home! LOL! So I delayed writing this blog until Tuesday. 🙂 

Summer is drawing to an end quickly! I hope everyone can get out and enjoy our beautiful town! See you this weekend at Open Air! Friday night is the night market and it was wonderful in June and July! I’m sure August’s night market will be just as great! Maybe better! And of course, there is music and activities all day Saturday and Sunday! Get out there and enjoy it! Have a great week Amherstburg! 

In preparation for Monday August 14th Regular town council meeting

Well the good news about summer is that council doesn’t meet as frequently. The bad news about summer is that the infrequent meetings make for big agendas…..Monday night’s agenda is 607 pages and has quite a few issues that will be addressed. 

First, council will meet at 4:00 for a planning meeting. 

The regular meeting is set to begin at 6:00. 

Here are the highlights : 

RECOGNITIONS

Municipal Plaque Presentation – Amherstburg Freedom Museum – 271 King – Dr. Brenda McCurdy 

There isn’t an attached report for this item but it looks like the Amherstburg Freedom Museum will be receiving a plaque. Generally, an explanation is read by the Mayor before the plaque presentation and then there are some pictures taken afterwards. 

Municipal Plaque Presentation – John Bustra – 109 Gore – John and Myrna Bustard 

It appears that the owners of 109 Gore Street will also be receiving a plaque on Monday night. 

DELEGATIONS

Delegation: Frank Cerasa – OLT Appeals and Hotels

It seems that Mr Cerasa will be delegating about the new proposed boutique hotel that was approved by council a few months ago. (The one next to the Salmoni building). He feels that resolving the differences about this item should be resolved at the local level rather than at the Land Tribunal (provincial level). Mr Cerasa is also proposing the idea that the town swap a piece of the old Duffy’s property with the Peddie’s so that they can put the hotel there. 

Delegation: Greg Nemeth – Emergency Siren System

You may recall that council decided to decommission the emergency siren system. It seems that Mr Nemeth will be delegating to council to request to keep the existing poles up since there are Ospreys that nest on them. 

Delegation : Lorraine Bortolin – Notice of Draft Plan of Subdivision Application 37-T-23005 (supplementary agenda)

This delegation was added on a supplementary agenda on Friday afternoon. It appears that Ms Bortolin will be addressing council with some concerns regarding the Brittany’s Gate Subdivision. The delegation form is quite detailed with what Ms Bortolin will be saying. It seems that she lives near the proposed subdivision that is expected to have 18 homes. It appears that she has spoken with the neighbours and lists the following concerns : additional backyard flooding issues, loss of wooded areas, loss of wildlife, loss of privacy, higher traffic volumes and loss of peacefulness. 

Consolidated Financial Statements of The Town of Amherstburg, Cynthia Swift, Audit Partner, KPMG

Well it looks like the town’s financial statements were audited and verified. There is a lengthy financial report included in the agenda comparing different numbers from 2021 and 2022. For those that are interested, here is the link, but be sure to read the entire document as there are a lot of notes at the end that explain the numbers.  https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=11913

2022 Year End (Q4) Budget to Actual Summaries and Transfers

The year end budget numbers are in for each department. It accounts for deficits and surpluses for each department. This part of the report jumped out at me : “Council & Committees – This budget centre completed the year with a surplus of $67,168 mainly resulting from underspending of Council per diems, training and development, communications expense, and incurred legal fees.” I find this quite concerning. For those of us that watch the meetings regularly, it seems that there are a few members of council that do not seem to understand their role and responsibilities. I hope that members of council will make use of training and development in order to learn their role and responsibilities and hopefully become more effective councillors. The money is there, use it. It’s not doing the taxpayers a service to go without training that seems to be much-needed. 

It also appeared that there were certain budget centers with surpluses since there was a lack of staffing. I hope that that doesn’t repeat itself next year. 

Here are the recommendations of what to do with the money : 

It is recommended that: 

1. The Transfers to Reserves/Reserve Funds made by the Treasurer as outlined in Appendix A, B, and C to the 2022 Year End (Q4) Budget to Actual Summaries and Transfers Report BE AFFIRMED; 

2. That 2022 over-expenditures and reserve transfers BE APPROVED as follows (Appendix B): a. $10,960.22 to the EV project from Contingency Reserve 

b. $7,616.59 from Fleet Reserve 

c. $104,297.57 from Gas Tax Reserve 

d. $65,316.98 from General Reserve 

e. $263,621.00 from Grant Reserve 

f. $492,303.26 from Wastewater Reserve 

3. That the Treasurer BE AUTHORIZED to transfer the taxation-supported surplus $1,271,395 as follows (Appendix A): 

a. $500,000 to General Reserve Fund, and 

b. $500,000 to Drainage Reserve Fund, and 

c. $271,395 (remaining) to Contingency Reserve, and 

4. That the Treasurer BE AUTHORIZED to transfer (Appendix C): 

a. $724,153.39 to Building Reserve 

b. $1,359,527.01 to Water Reserves 

c. $1,297,353.07 to Wastewater Reserves

2022 Year End Reporting: Audited Consolidated Financial Statements, Building Services Annual Statement, Development Charge Reserve Funds Statement, and 2022 Parkland Dedication Reserve Statement

And more accounting LOL! The year-end financial statements have been audited and consolidated. Here are the recommendations : 

It is recommended that: 

1. The report from the Treasurer and the Director of Corporate Services dated Aug 14, 2023 regarding 2022 Year End Reporting: Audited Consolidated Financial Statements, Building Services Annual Statement and Amended Development Charge Reserve Funds Statement BE RECEIVED; 

2. The Audited Consolidated Financial Statements for the year ended December 31, 2022 BE APPROVED; 

3. The Audit Findings Report of KPMG for the year ended December 31, 2022 BE RECEIVED; 4. Administration BE AUTHORIZED to post the 2022 Consolidated Financial Statements on the Town of Amherstburg website; 

5. The Statement of Revenue and Expenses and Accumulated Net Expense for Building Services for the year ended December 31, 2022 BE RECEIVED; 

6. The Development Charges Reserve Funds Statement, for the year ended December 31, 2022 BE RECEIVED; and, 7. The Parkland Dedication Reserve Statement, for the year ended December 31, 2022 BE RECEIVED.

40th Anniversary Legacy Project Partnership Windsor Community Foundation

This looks like a really cool concept for Amherstburg! It seems that the Windsor Community Foundation is celebrating their 40th anniversary this year and has approached each municipality in the region to create a legacy project in each area. The proposal is a large “photo frame” near the tourist information booth on Sandwich Street. This is from the discussion section of the report and I think explains it quite well : 

“Administration has been working with the WECF on potential concepts, ideas and options for a legacy project for Amherstburg that aligns with our community and celebrates their 40th anniversary milestone. The photo frame concept attached under Appendix A is what is proposed to be constructed south of the Tourist Information Centre on the waterfront located at 116 Sandwich St N, Amherstburg, ON. 

The proposed photo frame stands 8’ tall and is 8’ wide with an accessible pathway leading up to and around it. The photo frame is strategically positioned on site to capture a portion of the Livingstone Channel downriver known as the ‘Hole in the Wall’. What is referred to by many nautical charts as the ‘Hole in the Wall’ is a gap that was historically and purposefully left in the creation of the Livingstone Channel dikes to allow for passage to Sugar Island and to the United States. The Amherstburg Echo July 29, 1932, reported that the dam “will be left open in order not to interfere with boats that may want to get to Sugar Island.” 

This project and concept is unique in that the “Hole in The Wall” can be viewed as a historical gateway and is referenced on many nautical maps that indicate the large gap in the Livingstone Channel which was used by rum runners back in the day and is still used by boaters today thereby capturing a piece of Amherstburg’s rich history. The photo frame legacy project will not only capture the beautiful views downriver and the gap in the Livingstone Chanel but will also be a great welcoming attraction for visitors, tourists and even residents to celebrate their arrival or love of Amherstburg.”

It seems that the foundation and other community donors are funding this picture frame. It looks like there will be a celebration at the end of September to mark their 40th anniversary and the project will be completed at that time. As long as council approves it right away on Monday night I guess!

Here is the recommendation : 

It is recommended that: 

1. Council APPROVE the proposed Legacy Photo Frame Project including the design concept and location at Amherstburg North Gateway by the Tourist Information Centre on the waterfront as attached under Appendix A; 

2. Council RECEIVE funding from the WECF in the amount of $15,000 for the project; 

3. Council APPROVE matching funding for the Project in the amount of $15,000 from the Capital New Reserve Fund should the project encounter any unforeseen project site or soil conditions in order to execute the project in full; and,

4. Council DELEGATE authority to the CAO to sign and such agreements or purchase order necessary in order to fully execute the project.

2023 Backhoe Replacement Program

Council had approved the cost of a new backhoe during the 2023 budget deliberations. Here is the recommendation : 

It is recommended that: 

1. An expenditure for the purchase of a 2024 Case 580 WT Backhoe BE APPROVED for a total cost not to exceed $195,403.92 including net HST; 2. The purchase of the 2024 Case 580 WT Backhoe BE AWARDED to Kurcera Group Tecumseh.

Belle Vue Expression of Interest – Planning for Next Steps

In a nutshell, council has issued an Expression of Interest for the Belle Vue house and property. Submissions have been made. It seems that the submissions will go before the Economic Development Committee and the Heritage Committee before they eventually make it in front of council in October. It looks like an in-depth analysis of the submissions will be needed to ensure that the plans are viable and administration is looking for some additional funds from council, however the funding requested is the balance of the previously approved funding. (Hope that makes sense! LOL)

Anyway, I know that many people are following along about Belle Vue so here is the link to the full report for those who want more detail : https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=11890

Endorsement of Brittany’s Gate Subdivision

There seems to be a plan for another subdivision in the Texas Road area that will need some approvals from council. It appears that the proposal has been presented to County Council and there are 18 new homes to be added to the area. Here is the recommendation for Amherstburg town council : 

It is recommended that: 

1. Council ENDORSE the draft approval of a Draft Plan of Subdivision (as per Figure 1) for the subject lands by the County of Essex and that the County of Essex be requested to attach the following conditions to the subject draft plan of subdivision approval: 

a) That the required stormwater management plan be prepared by the Applicant and approved by the Town Engineer and ERCA Staff; 

b) That all identified road allowances be conveyed to the Town; 

c) That a subdivision agreement be entered into with the Town to ensure that all required municipal infrastructure and services are designed and built by the Applicant to the satisfaction of the Town, and that all required financial contributions (including cash in lieu of parkland) be made and/or secured to the Town, including all required letters of credit, cash securities and insurances; 

d) That Block 3 be dedicated to the Town for stormwater management purposes; 

e) That Blocks 1 and 2 be conveyed to the Town for maintenance purposes; 

2. Once the County of Essex has granted draft approval to the Applicant’s Draft Plan of Subdivision that the required subdivision agreement BE PREPARED AND EXECUTED to Council’s satisfaction; 

3. That all comments from the public, and Council with respect to the application for a proposed plan of subdivision (File 37-T-23005) BE RECEIVED; and 2 of 5 4. That all comments and the above conditions BE FORWARDED to the County of Essex (the Approval Authority). 

Housing Accelerator Fund (HAF)

It looks like there is some federal grant money that will be available over the next few years regarding development, with specific criteria. Administration is seeking council’s approval to potentially apply for grants, should we qualify in the future. Here is the recommendation : 

It is recommended that: 

1. Council DIRECT Administration to continue to complete the updates to Official Plan, Zoning and Urban Design Guidelines in order for the Town to be in a position to seek future funding under this grant, or others, should one become available.

Medical Tiered response Agreement – Renewal

It seems that there has been a review done by the County Fire Chiefs and the Essex-Windsor EMS regarding medical tiered responses. There have been some changes proposed. Here is the recommendation : 

It is recommended that: 

1. The revised Medical Tiered Response agreement attached, (Appendix “A”) BE APPROVED, as presented; and, 

2. By-law 2023-086 being a by-law to authorize, Amherstburg’s participation in the amended Medical Tiered Response Agreement between the Essex Windsor Emergency Medical Services (EWEMS) and the County of Essex be taken as having been read three times and finally passed and the Mayor and Clerk BE AUTHORIZED to sign same. 

Licensing Committee Terms of Reference and Call for Applications

I found this interesting. It seems that there will be a new committee established to deal with any potential disputes about short-term rentals (AirBnBs). The town recently adopted a bylaw to oversee the licensing of such facilities. This is from the report and explains why administration is recommending establishing a Licensing Committee : 

“DISCUSSION: With the introduction of the regulation of short term rentals, it was noted that among the best practices for such regulations is to appoint a lay member body that can resolve matters under appeal. 

RISK ANALYSIS: A Licensing Committee provides an avenue of appeal as part of fair and accountable regulation practices. This is strengthened by its use of lay member appointees, to allow the deliberative body to stand apart from the political or administrative levels, and consider each matter on its merits and without the political risk of seeming to support one resident over another in a dispute. Further, the recommendation to adopt the terms of reference that have been prepared helps to mitigate risk involved in lay member appointees by establishing strict standards for those considered for appointment. While the Town has one of the largest Committee structures currently, the addition of this quasi-judicial body is not expected to significantly impact the operations of the Town as it is run largely through the operations of the Licensing and Enforcement Division, meets only as required to address matters under appeal, and fees collected from applications are able to be used to offset administrative costs for its operation.”

2023 Special Events Approval-Part VIII

I love events and it looks like we’ve got some more coming our way to Amherstburg!!! 

It is recommended that: 

1. The following events BE APPROVED: 

a) Outdoor Family Movie Night at Pat Thrasher Park – September 9, 2023 

b) Amherstburg Uncommon – September 15th – September 17th, 2023 

c) iii) Legion Week Parade 2023 – September 16th, 2023 

d) iv) Truth and Reconciliation – September 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: 

3. The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm: a) Amherstburg Uncommon – September 15th, 2023 @ 1500hrs – September 17th, 2023 @ 1800hrs 

b) Legion Week Parade 2023 – September 16th, 2023 – rolling road closure from 1015hrs till 1045hrs 

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) Legion Week Parade 2023 – September 16th, 2023 ($59 Noise Permit)

Procedural By-law Renewal for Greater Civic Participation and Engagement

This is VERY interesting! It looks like council will be updating their procedural bylaw to allow for greater public engagement. It seems that agendas will be provided to the public 10 or 11 days before the next council meeting, since as it stands now, they are provided 4 or 5 days ahead of time. (Except planning meetings will fall under their own legislation). This will allow residents more time to review the agenda and be able to get their delegation requests in on time if there is an item that they wish to speak on. As well, members of council will be able to participate in the meetings electronically, without any limit to that type of participation. (Some jurisdictions limit the number of times per year that a member of council can participate electronically). Council meetings are set to finish at 10:00 PM. They can now only be extended up to 11:00 PM but no later in order to respect labour laws for the staff that are present at such meetings. As well, if there is an item that is not on the agenda and a member of the public wants it addressed, it appears that a member of council will need to ask for a report during new business. It seems that getting answers to simple questions will be done outside of the public meetings rather than taking time during new business to do so. The procedural bylaw also includes a section about decorum for those in attendance of the meetings. 

Again, I will provide the link in order to allow any of my readers that want the entire scoop to take a read. It’s only 9 pages and VERY interesting. For those of you that watch meetings regularly, either in-person or on-line, I encourage you to read through this new procedural bylaw. I was impressed! 

https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=11918

UNFINISHED BUSINESS

Members of council can bring up any unfinished business matters. Oh, they can also ask questions about the June and July cheque registers that have been provided to council. I took a quick look through them but nothing jumped out at me. 

NEW BUSINESS

This week may be the very last meeting that we will have the wild card random items during new business. If the new procedural bylaw is adopted, it seems that these often trivial items/questions will no longer be dealt with during the public meeting but rather via email or phone calls during regular time. WOOO HOO!!! As someone who has sat through 9 years of council meetings (almost always in their entirety!), I know how often issues are brought up under new business that bog down the meeting and could have been easily handled via email or phone call. There was rarely a need for these items to be brought forward publicly. And from someone who reads the agendas and follows along, it could be considered unfair how some items are brought forward under new business yet others aren’t. I know I’ve sent emails in the past that were never brought forward to get my questions answered, yet other emails or phone calls were brought forward by certain members of council.I think this new procedural bylaw will go a long way in keeping things more equitable for members of the public. 

And finally, council will meet in-camera after all of this to discuss : 

Special In-Camera Council 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: Infrastructure and investment related to an Economic Development Matter Section 239 (2) (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; Section 239 (2) (j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; 

Item B: Legal advice regarding Enforcement Activities Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 

And those are the highlights. It’s a pretty big agenda so I am anticipating that Monday night’s meeting will be a long one. I will likely be back sometime Tuesday evening with the post-meeting blog. 

Until then, have a great weekend Amherstburg! I hope everyone can get out and enjoy our Open Air Weekend!!! I plan to! 🙂