Monday night’s meeting was another long one. There was an amended agenda that added a few items to be dealt with. Things move quickly in council meetings. Very quickly. I watch as closely as I can. But more importantly, the seven elected members of council should be paying 100% attention to what is going on. One member of council was so busy typing (again) through many parts of the meeting, that they voted on an item for which they had declared a conflict. (More on that later). The end of the meeting denigrated into some pretty unfair and inappropriate remarks from one member of council to another. (Again, more on that later.) But for the good news, the shoreline restoration and park extension were approved for Duffy’s! Woo hoo!!!!
Here is the link to the revised agenda with the video, just in case you want to check for yourself. (And I encourage everyone to do so!) https://pub-amherstburg.escribemeetings.com/Meeting.aspx?Id=bf587863-6de1-470d-84c0-b8d1b50574d4&Agenda=Merged&lang=English&Item=33&Tab=attachments
First, council met in-camera at 4:00 to discuss :
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 – Organizational and Employment Matters Related to Identifiable Individuals:
Section 239(2)(b) – personal matters about an identifiable individual, including municipal or local board employees;
There was a planning meeting scheduled for 5:00.
The regular meeting started at 6:00. It must’ve been a long night for council.
There were only about 20 people in attendance in the gallery.
DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF
At the beginning of every meeting, the Mayor asks the members of council if they have any disclosures of pecuniary interest regarding any items on the agenda. (A member can also declare a conflict later in the meeting, should an item come forth that wasn’t on the agenda.)
Councillor Courtney declared a conflict with item #19.1 Drainage Board Meeting Minutes – October 3, 2023. He said something about the Lakewood pump and that he lives near there.
Councillor Allaire declared a conflict for item #14.1 2023 Special Events Approval – Part Ten, for section 5 c), which is the following: The fee waiver requests BE APPROVED as follows: c. Santa Run – November 18th, 2023 – $250 road closure fee – waiver requested. (Original approval for this event was on June 23rd, 2023). I don’t believe she stated why she had the conflict, or at least I didn’t catch it.
It was mentioned that Councillor McArthur, Councillor Courtney and Mayor Prue were members of the Legion but that it did not constitute a conflict for item #17.1 The Poppy Campaign.
MINUTES OF PREVIOUS MEETING
Councillor Pouget asked a question regarding one of the sets of minutes for a previous meeting. Then all of the minutes presented were adopted by council.
PRESENTATIONS
ERCA Presentation- Flooding Event August 23-24: James Bryant
This presentation was on the revised agenda. Also, there was a motion made to bring forward the report that went with this presentation : #15.2 August 23 and 24, 2023 Rain Event
Mr Bryant presented to council regarding the significant rain event of August 23rd and 24th 2023. He explained about the various situations of overland flooding and sewer backups that occur in Essex County. He spoke about the intensity, duration and frequency as measures for the rain incidents. He noted that each area of Essex County was hit directly by this significant rainfall and the consequences were more or less severe depending on the area. He showed pictures of various bridges in the county that were flooded and impassable.
The presentation was extremely dry. (Pun intended LOL) I have sat through a lot of presentations in the almost nine years that I’ve been following council meetings. I stopped taking notes and was texting on my phone to keep myself entertained and stave off the boredom.
I went back to taking notes as Mr Bryant explained ongoing work regarding flooding in the area.
When he finished the presentation, Mayor Prue asked if there were any questions. Fortunately, there weren’t any LOL
Then, Councillor Allaire made a motion to receive the presentation AND the report, which was seconded by Councillor Pouget. It carried. (Why is this important? Later in the meeting, members of council didn’t realize that they had also received the report of #15.2 noted above and the item had to be reopened…..things happen fast and it seems that not all members of council were following or paying attention….)
Kings Navy Yard Park Extension Shoreline Pre-Commitment of Funding
This was the big item of the night. Would Duffy’s work finally be approved? The recommendation was to approve the shoreline reconstruction and make the park portion usable with grass and paths. (I wonder if once it’s ready they’ll extend Open Air all the way down the street? Just a thought). The previous council was offered a proposal by Amico, that while they were doing their own shoreline work for the ferry, they could continue along and do the work on the town-owned portion for a locked-in price of $2 Million dollars. The previous council turned it down. (That was July 25, 2022. I missed that meeting, but here is a blog about it written by Lori Wightman if you’re interested in the history of this decision https://amherstburg2.wordpress.com/2022/07/26/monday-july-25th-special-town-council-meeting/ .) So, now here we are, the work can now be done but it’s going to cost us an extra million!
Councillor Allaire said she was curious how much the previous council had spent purchasing the Duffy’s property. (Of course the answer was not instantly available….) Councillor Allaire mentioned that she could have asked in advance. Mayor Prue said that the decision pre-dated everyone on council and administration. However, it was pointed out that Councillor Pouget was on the 2014-2018 council that purchased the property. She said that she forgot how much was paid for it. So, while someone from administration was toiling to find an answer for Councillor Allaire’s question, the debate opened and continued.
Councillor Courtney said that he was going to support the recommendation because he felt he had to. He felt he would support it since there is an appetite for the park to be developed but he felt that this phase didn’t touch the surface. He felt that it was a lot of money for grass.
Councillor McArthur noted that the $3 Million had been budgeted and inquired about the short window to do the shoreline work. Ms Baillargeon, Director of Parks said that approvals had been granted by the Department of Fisheries and Oceans for the in-water work that is necessary. The window to do the work runs from about August to March and the in-water work must be done before anything else can be done with the land. Ms Baillargeon explained that the shoreline work would be done but also the grass area, which includes drainage, services etc. The intention seems to be that it will be ready to be opened to the public once all final approvals are in.
Administration then updated council that Duffy’s property was purchased for $1.675 Million in 2016.
Councillor Crain asked if council moved forward when the park may be ready and if it would be ready for May 2024. Ms Baillargeon said May could be possible if final approvals are received then by the MECP. She explained that all of the work could be done now so that the minute final approvals are received, the park can be opened.
There were some questions about the pricing for tenders. Councillor Allaire asked the Director of Engineering if it would be possible to do the tendering process for the shoreline work with the county to make it cheaper, as is done with the roads. (I thought this was a VERY interesting remark and question…..just a few short weeks ago, Councillor Allaire voted against working with the County for the waste program, yet now wanted to work with them and acknowledged that it makes the process cheaper…..There’s an interesting flip-flop if I’ve ever seen one. Complete 180…..hmmmm….) The Director of engineering said that since this is not road work, the county would not have any specialized interest in water work for the shoreline.
Finally, Councillor Crain made the motion to adopt the recommendation. Councillor McArthur seconded it. (I won’t put the entire recommendation in here since it’s very long, but it’s in the agenda and the pre-meeting blog).
Councillor McArthur thanked staff for their work on this project. He said he was looking forward to tearing down that fence and said he heard how important this property was to the taxpayers while he was out door-knocking during the campaign.
Councillor Crain also mentioned that this was a top initiative for him and he wanted to see the fences taken down and the park opened up.
Deputy Mayor Gibb said he had done a bit of research about the Navy Yard Park land and noted that it was in 1947 that land was first purchased in that area. He felt that this was a once in a generation opportunity to improve one of the best parks in Ontario. He felt that the project is well worth the $3 Million dollars and will serve us well for the next 100 years.
Councillor Pouget said that when she was on the council that purchased the property that they had never expected the delays. She felt that it was a good plan now to extend the park. (And because I have a really good memory…..I was pretty sure that Councillor Pouget had voted against the purchase of Duffy’s in 2016, and she did. Here’s the blog about that meeting, September 12 2016 and it was a recorded vote https://amherstburg2.wordpress.com/2016/09/13/monday-september-12th-regular-town-council-meeting/ Interesting eh?)
Mayor Prue passed the gavel (it went back and forth like a ping pong ball all night) and said that he wanted the shoreline work done before April and that he would support the recommendation. He noted that it won’t take much longer once the park is opened to add in the marina and the fishing wall but that it would take more money.
The motion was put forth and it passed unanimously.
Environmental Services – Electronic Work Order Module
It seems that currently the Environmental Services Division (water and wastewater) uses a paper work order system. It seems that the work orders are hand-written. It looks like it’s time to move to an electronic system.
The Clerk read the recommendations but had made a few changes. There were a few questions but then the motion was made and the item carried.
Considerations regarding Environmental Advisory Committee (supplementary agenda)
This item was added onto the supplementary agenda so it was not included in the pre-meeting blog.
Here is the recommendation:
It is recommended that:
- Council NOT APPROVE the recommendation from the Environmental Advisory Committee as presented, and;
2. Council DIRECT Administration to ensure the current Official Plan update includes policies to allow for the introduction of various climate friendly development requirements to ensure the Town is creating the necessary means in which to require these types of investments in development.
When this item was addressed by council, there was a motion made to bring item #19.2 Environmental Advisory Meeting Minutes – August 16, 2023 forward as well. They would both be dealt with at the same time.
Councillor Courtney spoke first. He said he is on the Environmental Advisory Committee and that the staff report explained it well about why the recommendation should not be approved.
Councillor Pouget said that originally she was against administration’s recommendation but then she called the two councillors on the committee and now understands and will support the staff recommendation. Mayor Prue passed the gavel to share his thoughts about various types of EV chargers.
Ultimately, the motion was made and the recommendation was passed not to approve the recommendation and to include policies in the Offical Plan.
2023 Special Events Approval – Part Ten
So, remember at the beginning of the meeting when Councillor Allaire declared a conflict about item #14.1? This item….right here….. 2023 Special Events Approval – Part Ten, for section 5 c), which is the following: The fee waiver requests BE APPROVED as follows: c. Santa Run – November 18th, 2023 – $250 road closure fee – waiver requested. (Original approval for this event was on June 23rd, 2023).
Councillor Allaire didn’t seem to be following along and didn’t seem to realize that this item was on the floor. Mayor Prue didn’t mention pulling Section 5 C out for a separate vote in order to acknowledge her conflict.
The Mayor asked if there were any questions on this agenda item. There were none. Then the motion as per the recommendation was made by the Deputy Mayor and seconded by Councillor Courtney. Mayor Prue asked if there was any discussion on the motion. Again, there was none. He asked for all those in favour and Councillor Allaire’s hand left her keyboard, went up in the air and voted for the motion. A motion for which she had declared a conflict at the beginning of the meeting. I don’t know what this means ultimately in terms of procedure or violation of rules. But I do believe that it seems that Councillor Allaire seems to have her focus misplaced during the meeting. (And for those that don’t believe it, watch the meeting. It happened.)
All members of council should be 100% focused on the person that is speaking, the current discussion and the agenda item. Not their computer screen. But that’s my opinion, perhaps others are okay with members of council not paying attention and voting on items for which they’ve declared a conflict? I dunno.
But the good news is that we’ve got some more great events coming our way! This was all approved :
1 The following events BE APPROVED:
- Santa Claus Parade – November 25th 2023
- River Lights Opening Night – November 18th 2023
- River Lights Winter Festival – November 18th, 2023 – January 29th, 2024
- Remembrance Day Parade – November 11th 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. Santa Claus Parade – November 25th 2023,
b. 2023 River Lights Opening Night – November 18th 2023
c. Remembrance Day Parade – November 11th 2023
3.The following events BE EXEMPT and PERMITTED for road closures to begin prior to 5pm:
a. Santa Claus Parade – November 25th 2023
b. River Lights Opening Night – November 18th 2023
c..Remembrance Day Parade – November 11th
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.Santa Claus Parade – November 25th, 2023 – $250 road closure fee/ $59 noise exemption – waiver requested
b. Remembrance Day Parade – November 11th, 2023 – $250 road closure fee/ $59 noise exemption – waiver requested
c. Santa Run – November 18th, 2023 – $250 road closure fee – waiver requested. (Original approval for this event was on June 23rd, 2023)
Amendments to the Technology Use Policy
This item passed with no discussion. I hope that members of council really, really read it. Very, very closely….
2023 Special Events Approval – Part Eleven (Supplementary agenda)
Two more events coming to Amherstburg! Here is the recommendation and it was approved:
It is recommended that:
1. The following events BE APPROVED:
a. Winter Night Market – December 2nd, 2023
b. Hot Air Balloon Rides – November 25th, 2023
2. The Special Events Resource Team BE DIRECTED to confirm that the requirements identified by the Team are met prior to the event.
INFORMATION REPORTS
Windsor Police Service – Amherstburg Detachment Activities Report
There were a few questions about tickets given but I won’t bore you with the discussion.
August 23 and 24, 2023 Rain Event
Remember how this information report, above, the rain event was received along with the ERCA presentation? Well, Councillor Pouget now had questions so a vote was taken to re-open the item for discussion. (Things move quickly and it seems that she missed it earlier in the meeting.) There were some questions asked and some discussion about promoting the town’s sewer backup program.
UNFINISHED BUSINESS
Cheque Registry – September 2023
Councillor Pouget asked a couple of questions about some items in relation to the new fire hall that will be built. Councillor McArthur noted that his name was on the cheque register twice. He said that he plays in a band and that they had played twice during the summer, once in the Navy Yard Park and once at the clock. He noted that the town couldn’t issue 5 separate cheques to each band member nor issue one to the band directly so he gave the town’s his name since he felt that would be more transparent than using a different band members name.
Councillor Pouget asked about a report regarding parking in front of the clock at Kings Navy Yard Park. Ms Giofu said she hoped it would be ready for late November.
CAO Critchley advised council that a report about the high school using the field house would no longer be necessary. It seems that administration had met with the high school and that the request to use the field house has been withdrawn. The school has found storage space in their own building.
NEW BUSINESS
Councillor Allaire asked about a date for public consultation regarding Malden Park and Co-An Park. Ms Baillargeon said that they are actively compiling and looking at the survey results and are hoping for more public consultation in late fall or early winter.
Councillor Allaire mentioned that the Open Air Survey on Talk the Burg is now complete and wondered if the report would be available before budget deliberations. Ms Baillargeon mentioned that they had received a large number of surveys and hoped that it would be before council on November 27th. (I’m sure that all of you that I see downtown loving Open Air took a few minutes to take the survey and share your love and appreciation for this fantastic event!)
Councillor Allaire asked a question about the walk-in clinic that was supposed to open in Amherstburg. The Deputy CAO said that there were challenges recruiting physicians. Councillor Allaire made a motion for the Mayor or Deputy Mayor to bring this item forward at County Council to see what can be done to attract physicians. She included in the motion that a letter be sent to MPP Leardi about the issue too. (I think this is the third meeting in a row that Councillor Allaire has wanted something brought to County Council??? Coincidence? Perhaps. Perhaps not. And yet she voted against the County managing the waste system….) Mayor Prue mentioned that the physician recruitment program hasn’t existed for years. Deputy Mayor Gibb mentioned that County Council had just had a presentation made about this issue and that he could find the presentation and send it to council. Councillor Allaire felt that Amherstburg had approved a walk-in clinic and that we need the County’s support. The motion carried.
Deputy Mayor Gibb made a motion in regards to Belle Vue. (Councillor Pouget declared a conflict at that time). Deputy Mayor Gibb’s motion was to add more direction to the previous motion of council. Since direction had already been given to engage the public regarding public use of the space, this motion was to give further direction for administration to seek input from the public regarding ownership of the house, if there were an appetite to retain ownership or to divest ourselves of it.
There was some discussion and confusion regarding the motion above about Belle Vue but ultimately it carried. It looks like part of the public consultation will now include asking about ownership of the house.
Deputy Mayor Gibb made a motion to direct administration to work with the Heritage Committee and the Legion in order to mark the streets that are named after fallen soldiers with a poppy or other fitting tribute. This carried.
NOTICE OF MOTION
Notice of Motion of October 10, 2023 – Complete Tree Report to Committees – Councillor Pouget
This is from the agenda:
To be deliberated October 23, 2023
Council TO DIRECT Administration to provide the Parks and Recreation Advisory Committee and the Environmental Advisory Committee a complete report regarding the 2017 tree study of town property, the amount of trees that were removed in fair to good condition, the fact that they were trying to reduce the percentage of Norway Maples and most importantly that the Town of Amherstburg does not have a maintenance policy for the planting of new trees.
Councillor Pouget then read a notice of motion that was not the motion as stated above. It was still about trees but it was a very different motion. I was following along on the agenda and noticed right away that it was a different motion. And for a moment I thought I was the only one that was catching this error.
Deputy Mayor Gibb seconded the motion that Councillor Pouget read.
Councillor Crain made a point of order that the motion that was read was a different motion than what was in the agenda. (Phew! I’m glad someone was following closely and caught this!) There was some back and forth between Mayor Prue and Councillor Pouget. She then decided to withdraw the motion she had read and then read the motion as submitted above. Councillor Allaire seconded it.
Councillor Pouget talked about the Environmental Committee and the desire to expand our tree canopy. She felt that Amherstburg had the best tree bylaw but a previous administrator had convinced council to change it. She felt that we had lost many trees and talked about cutting down Norway Maple Trees. She mentioned that two what she felt were healthy trees were cut down at Belle Vue. She also felt that three healthy Norway Maple trees had been cut down on Brock Street but that a tree that was dead was left in place. She wanted the report to go to the two committees (Parks and Rec and the Environmental Advisory committee) and she also felt that there was no program in place for tree maintenance of new trees.
Councillor Crain asked if it were true that there was no maintenance policy in place for new trees. Ms Giofu, Director of Engineering noted that the town does have a tree bylaw and there is a maintenance program included in the bylaw. She said that significant money had been invested by council in the budget for maintenance of our trees along with planting new ones. She noted that it can sometimes take a year or two for a new tree to take and start to grow. She noted that most trees do take within a year or two.
Councillor Crain agreed that there was a policy in place and that new trees are added into the tree inventory. He noted that when one tree is removed, two are planted to replace it and that they are included in the inventory. He felt that a new tree may be considered an “old” tree once it was planted and that it would be maintained over time. Ms Giofu noted that trees are inspected annually by the arborist and maintained as required.
Councillor Crain said that he would not be supporting the motion as presented since the way it was worded made it appear that staff and the arborist are taking down fair to good condition trees. In his opinion, he did not feel it was fair and he did not feel that staff was doing such a thing. He wasn’t sure where the assumption was coming from. He felt that wording undermined the work of staff.
Councillor Pouget felt that he was criticizing her and not her motion. She felt that staff are not watering trees that need watering.
Councillor Allaire noted that the City of Windsor uses green bags to water their new trees and wondered if Amherstburg could do the same. Ms Giofu explained that there would be an extra cost for the green bags and that they had historically not been used in Amherstburg. There was more discussion about the green bags, it kind of went on and on….
Councillor McArthur asked if the town was removing trees that were in fair or good condition. Ms Giofu said that no, we are not. She noted that a tree may have been in fair or good condition in 2017 when the tree inventory was done but some of the trees have been downgraded since then to poor condition. (Makes sense….we are a good 6 years out, almost 7, since the list was compiled….I would think that’s enough time for the condition of a tree to change…?)
Councillor McArthur wondered what the problem was with the Norway Maple Trees. Mr Chaimberlain explained that that type of tree has a problem with their roots and the roots turn on each other. (I remember this discussion from two councils ago…..I sat there questioning my life decisions as I listened to it all again….LOL ) Anyway, long story short, the roots choke out the other roots on these types of trees and then a section of the tree will slowly begin to die. (Kind of how my spirits were feeling at that moment but I digress….) Mr Chaimberlain also noted that our town inventory of Norway Maple Trees is 33% and that we shouldn’t have more than 10% of any type of tree in case of disease. (I think this is a basic biodiversity concept but I’m not sure if members of council understand that….) Councillor McArthur confirmed with administration that when one Norway Maple Tree is removed it is replaced with TWO different types of trees. Councillor Allaire asked if good Norway Maple Trees are removed and Mr Chaimberlain said that only the bad ones are removed and they are checked by the contracted arborist for a decision of their condition.
Councillor Allaire then said that she understood the notice of motion but that it seemed that staff were doing a good job and that they were following the rules. She said that she was fine with the study going to the two committees but asked if Councillor Pouget would remove the rest of her motion.
Mayor Prue noted that Councillor Allaire was the seconder and he asked Councillor Pouget if she was okay with the friendly amendment of just the studies going to the two committees.
Councillor Pouget said she couldn’t go with that and then seemed to get quite angry. She felt that she resented Councillor Crain making a statement against her that she was trying to undermine the arborist or public works and then said “Don’t give me that face”. She then asked Mayor Prue to speak to what he witnessed at Belle Vue. Mayor Prue made a comment about not denigrating this and resorting to name-calling or argument and that her point was taken. Councillor Pouget felt that the Mayor shouldn’t have allowed it.
(**Side note….from a procedural standpoint…..Mayor Prue did not allow Councillor Crain to defend himself from this statement. Also, since the friendly amendment was refused, Councillor Allaire ought to have removed her second to the motion since she said she couldn’t support it as written, I think? Oh, and I rewatched the video. I can’t see Councillor Crain’s face in its entirety but it looked like surprise or maybe shock to me….so I am unsure and somewhat concerned about the comments made to him and the level of anger…..Councillor Crain hadn’t spoken again since he explained why he wouldn’t support the motion….Members of council aren’t allowed to disagree with wording in a motion?…..)
Councillor Courtney then spoke and asked about Belle Vue and 14 trees. Mr Chaimberlain explained that when you look at the overall inventory we have over 4,500 trees and around 1,500 Norway Maple Trees. He noted that trees are removed on an annual basis and that 45 were removed this year. He noted that it is a long drawn-out process for the maple trees. He noted that eventually 1,000 Norway Maple trees will need to be removed to get to the proper percentage but that that will take a very very long time. It seems that at Belle Vue, in an April report, 14 trees were identified to be removed since the arborist deemed them in poor condition. He did note that once the EOI had been released for Belle Vue, they ought to have just left the Belle Vue property as is.
Deputy Mayor Gibb asked for a clarification about which reports were to go to the committees, if it were the 2017 tree study or the April 2023 report. Councillor Pouget wanted both to go to the committees and for them to investigate and take an excursion to look at the trees.
Mayor Prue felt that this was a difficult situation. He went on about different species of trees and where they are planted. He actually went on and on and on….He felt that if the town could water the flowers every week why could they not water the new trees that were planted. He felt there were parts of the motion that he liked but other parts that he didn’t like. He felt that the committees could look at the bylaw and the report and make some recommendations.
Councillor Crain said he could support the motion if it was simply for the two committees to look at the two reports.
Councillor McArthur said that words matter and that he couldn’t support this motion as written.
Then Councillor Pouget said that she would accept Mayor Prue’s friendly amendment since it covered it completely and the report would go to both committees. (I’m not really sure that Mayor Prue’s amendment – although he said it wasn’t his amendment – was any different than Councillor Allaire’s amendment – or what Councillor Crain said he could support…..The Mayor weighing into the debate all the time really complicates things…..I thought as per Robert’s Rules of order the chair is supposed to chair the meeting and remain neutral…..)
Councillor Crain asked the Clerk to read back the amended motion. It had morphed into That the two committees (Parks and Rec and Environmental Advisory Committee) receive the information on the tree bylaw and provide feedback and ideas to council. It passed unanimously.
The meeting adjourned at 8:37 PM. Wow! Just WOW!!!!!
So, there it is folks! Duffy’s is moving forward! That’s the GREAT news!!!
I strongly encourage all of my readers to watch this meeting! Actually, I strongly encourage those that are quick to criticize me to watch it as well! It’s all there recorded forever. Are all members of council really doing their due diligence, meeting their professional obligations and following the meeting? I know I find it distracting when I’m sitting in the gallery and residents are talking. I have a harder time following the meeting. I think it’s becoming clearer that typing on a computer and following a meeting of which you are a part of are not conducive to each other.
Ironically, it is the one year anniversary that this council was elected. Many promises were made a year ago and several have already fallen by the wayside.
It looks like the next meeting isn’t until November 13th so that will hopefully give us all a little time to absorb what transpired during this meeting. It is sad that only one year in it has already spiraled into one member of council scolding and speaking harshly to another…..and one member of council more concerned with a computer screen than what is actually happening in the meeting. And voting on an item for which they had declared a conflict. Very troubling indeed.