Well it was like Christmas and my birthday all wrapped into one big happy moment! LOL (OK, yes, an exaggeration, but still…) Monday night’s meeting was efficient and speedy….it wrapped up in just under one hour!!!
First, council met in-camera at 4:00 to discuss the following :
SPECIAL IN-CAMERA MEETING
That Council move into an In-Camera Meeting of Council pursuant to Section 239 of the Municipal Act, 2001, as amended for the following reasons:
Item A – Agreement of Purchase and Sale for Municipal Property Listed for Sale on Victoria Ave. – Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board.
Item B – Offer Regarding Lease or Sale of Real Property to Town of Amherstburg for Administrative Municipal Service Delivery – Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board.
Item C – Offer Regarding Lease or Sale of Real Property to Town of Amherstburg for Infrastructure Municipal Service Delivery – Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board.
Item D – Update on Belle Vue Expression of Interest – Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board; and,
Item E – Liability Assessment Regarding Town Event – Section 239(2)(f) – advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
I decided to go to the 6:00 meeting in-person tonight. When I arrived, Councillor Courtney and Mayor Prue were both on zoom having a conversation. It could be heard in the gallery. It seems that Mayor Prue is on vacation at the moment, I could hear him talking about visiting various islands and ports. At one point Councillor Courtney seemed to think they weren’t being recorded yet, but it seems that they were….You can catch part of the conversation at the beginning of the recording. Deputy Mayor Gibb advised them that the recording had begun.
The meeting was called to order promptly at 6:00. Deputy Mayor Gibb chaired the meeting.
Here is the link to the agenda with the video for those that are interested https://pub-amherstburg.escribemeetings.com/Meeting.aspx?Id=e4ee50bb-8609-479d-8db1-69d3e7944822&Agenda=Agenda&lang=English
And here is the link for the PDF format of the agenda https://calendar.amherstburg.ca/council/Detail/2024-02-26-1800-Regular-Council-Meeting/9447c9a5-d6c8-4ce1-9825-b118015e2933
*****Councillor Courtney was on zoom tonight and appeared to be at home***
****Mayor Prue was on zoom tonight and seemed to be on vacation somewhere****
REPORT OUT FROM IN-CAMERA SESSION
For items A, B and C above, it was noted that administration was given verbal direction from council. For items D and E above, it was said that the items were received for information.
Space Needs Study RFP. No 2023-021 Results
A few months ago, council had sent a space needs study out for RFP. This study would evaluate the spatial needs for various town facilities. It seems that the study would evaluate the spatial needs for staffing and operational requirements for each division of town operations, but also keeping in mind future growth. Basically it appears that it will find the best way to address the space needs of each department, how to improve accessibility provisions and to provide public spaces for town business that is accessible and inclusive.
Councillor Crain asked about the second part of the recommendation where it was noted that the amount to be approved could go up to $200,000. He wondered if administration saw the price going that high or if it would be possible that it would be less. Ms Baillargeon, Director of Parks, said that administration had not yet prepared the RFP and that they don’t know as of yet how high the price may be.
There were some questions about where the consulting firms were located. (I’m not sure why that mattered?) Councillor Courtney wondered if the consultants would be looking at the potential growth in Amherstburg as well as looking for efficiencies with our buildings. Ms Baillargeon said that is exactly what they would be doing. They would be looking at all of our spaces (buildings) and to see where consolidations could occur and what makes sense fiscally in terms of our space.
Councillor Pouget asked if the study was just for buildings but did not include parks. Ms Baillargeon confirmed that the study was only for facility buildings.
There was a motion made to approve the recommendation :
It is recommended that:
1. The Chief Administrative Officer and Clerk BE AUTHORIZED to execute an agreement with Jones Land LaSalle Real Estate Services Inc. (Hunter Facilities Management Inc.) also known as JLL., in the amount of $138,885 plus HST, being funded as outlined in the financial matters section, for services outlined in their proposal documents, subject to approval of content by the Director of Parks, Facilities and Recreation and to financial content by the Director of Corporate Services/Chief Financial Officer; and,
2. The Chief Administrative Officer, or designate, BE AUTHORIZED to amend the agreement with Jones Land LaSalle Real Estate Services Inc. (Hunter Facilities Management Inc.) also known as JLL. if required to expand the scope of the work plan, provided such additional services remain within the total project funding of $200,000 inclusive of HST and subject to approval of content by the Director of Parks, Facilities and Recreation and to financial content by the Director of Corporate Services/Chief Financial Officer.
The motion passed.
Essex County Steam and Gas Engine Museum Building Expansion
It appears that the town received a letter from the Essex County Steam and Gas Engine Museum. They appear to be in the process of putting on an addition to the Steam Building. There seems to be no cost to the Town of Amherstburg (nor the Town of Essex – both municipalities own that park), since it is being paid for by the museum itself. However, it seems that the Museum corresponded with the Town of Essex; a letter of support is needed from the town of Amherstburg to support the expansion.
Councillor Crained asked if the Co-An Park Committee had endorsed the project and been asked for feedback. Ms Baillargeon confirmed that yes, they did endorse the project and the town is working with them.
It was confirmed that there was no cost to the Town of Amherstburg for this building expansion.
The motion was made for the staff recommendation by Councillor Allaire and seconded by Councillor McArthur:
It is recommended that:
1. The letter dated February 12, 2024 from the Essex County Steam and Gas Engine Museum regarding the request to construct an addition to the existing Museum structure within Co-An Park, BE RECEIVED;
2. Conditional approval BE GIVEN to proceed with the location and building addition to the existing Essex County Steam and Gas Engine Museum building for display space and storage of show equipment, subject to a due diligence process ensuring conformity with and subject to Administrative review and approval of all required permits and drawings by both the Town of Essex and The Town of Amherstburg, as appropriate; and,
3. Authority BE GRANTED to the Chief Administrative Officer and Clerk to negotiate, sign and execute any modifications to agreements with the Essex County Steam and Gas Engine Museum that govern their use of lands within Co-An Park, satisfactory in form to the Chief Financial Officer, in technical content to the Director of Parks, Facilities, Recreation and Culture, and in legal content to the Chief Administrative Officer, in collaboration with, and subject to the approval of the Town of Essex, and, in consultation with the Co-An Park Board.
The motion carried.
McGregor Lagoon Expansion – Environmental Assessment – Request for Proposal Results
In October, council authorized a RFP for the McGregor Lagoon Expansion, for an environmental assessment. There was only a very small amount of discussion on this item and then the motion was made :
It is recommended that:
1. The Chief Administrative Officer and Clerk BE AUTHORIZED to execute an agreement with Stantec Consulting Ltd., in the amount of $245,327.48 plus HST, being funded as outlined in the financial matters section, for services outlined in their proposal documents, subject to approval of content by the Director of Infrastructure Services, to legal content by the Chief Administrative Officer and to financial content by the Director of Corporate Services/Chief Financial Officer; and,
2. The Chief Administrative Officer, or designate, BE AUTHORIZED to amend the agreement with Stantec Consulting Ltd. if required to expand the scope of the work plan, provided such additional services remain within the total project funding of $350,000 inclusive of HST and subject to approval of content by the Director of Infrastructure Services, to legal content by the Chief Administrative Officer and to financial content by the Director of Corporate Services/Chief Financial Officer.
The motion carried.
Park Street Storm Sewer Outlet Relocation – Upsizing Costs
Well, the minute that anything remotely having to do with Boblo Island on the agenda, the discussion must rage on and on…..here’s some background :
It seems that there is currently some site servicing work happening in relation to the new ferry dock for Boblo Island. It appears that the developer had approached the town and was requesting to relocate the Park Street municipal storm sewer outlet that currently runs through the property. The developer was paying for all of the relocation work. Once the developer approached the town, the Infrastructure Services department wanted a design engineer to provide analysis to see if there would be a benefit to upgrade the existing sewer to provide improved services in that area.
It seems that by upsizing the relocated piping, that it would provide an immediate level of service upgrade but that also it would put the town in a better position to improve the level of service with future projects.
Councillor Pouget wondered if the extra expenditure would affect capital funding for other projects since this project wasn’t on the town’s radar prior to this report. Ms Giofu, Director of Engineering said it was correct that this project wasn’t on the town’s radar. She explained that all of the work was being done by Amico and paid for by Amico. When the town saw the work that Amico was going to be doing, they looked at the benefits of upsizing the town’s pipes but that the budget process was already proceeding. She felt that it would be a benefit to proceed with the new pipes now since if it were to be done in a few years it would cost over $1 Million to do the work. This project was only costing us the price of the pipe, Amico is doing all of the work at their cost.
Mr Hewitt, Manager of Infrastructure said that Amico had started planning the work in August but administration wasn’t sure about the work being done until December and the project wasn’t ready for the budget process, since it was too late. He felt that this is a great project that would benefit many since there is a large area that drains into this pipe that extends up to the new High School. He reiterated that this was an opportunity to do the work at a much lower cost than if the town were to do it themselves at a later date.
Councillor Pouget wondered how the $300,000 cost would affect future capital projects in the next 5 years. Ms Osborne, Director of Corporate Services explained that another project had come in significantly under budget and that OCIF funding had been returned into the reserve. While OCIF funding can never be guaranteed or known, $275,000 had been returned so this covered almost the entire $300,000 expense to upgrade the pipe.
Mr Hewitt explained that the pipe was for a large catchment area. There were several questions back and forth between Councillor Courtney and Mr Hewitt. Basically, in a nutshell, if council did nothing, the same size pipe would be installed and would maintain the level of service. If council approved the project, they would improve the level of service by having a larger drain pipe installed.
Finally, Councillor Allaire made a motion for the administrative recommendation and Councillor Drain seconded it.
It is recommended that:
1. Approval BE GIVEN for immediate use $300,000 in funding for the Park Street Storm Sewer Outlet Upsizing with $300,000 to be funded from the Ontario Community Infrastructure Fund (OCIF); and,
2. The Chief Administrative Officer and Clerk BE AUTHORIZED to execute an agreement with Boblo Island Development for the costs related to the upsizing, subject to approval of content by the Director of Infrastructure Services and to financial content by the Director of Corporate Services/Chief Financial Officer.
The motion carried.
Amendments to ERCA Non-Mandatory Cost Apportioning Agreement
Councillor Courtney made the motion for the administrative recommendation right away. Councillor Allaire seconded it.
It is recommended that:
1. The report from the CAO entitled “Amendments to ERCA Non-Mandatory Cost Apportioning Agreement” and dated February 12, 2024, (the “Report”), BE RECEIVED;
2. Direction BE GIVEN to Administration to continue to participate in ERCA’s Land Acquisition Fund for 2024; and,
3. The CAO and Municipal Clerk BE AUTHORIZED to sign an Amended Funding Agreement with ERCA for contribution for non-mandatory ERCA programs as set out in the Report, satisfactory as to legal form and content to the CAO, and financial and technical content to the CFO/Treasurer.
Councillor Crain asked some questions regarding the conclusion of the report where it was outlined that the City of Windsor and the Town of Tecumseh had opted out of paying into the ERCA fund. He wondered what the downside of doing what the two areas had done would be for Amherstburg. CAO Critchley explained that the decision is at the discretion of council. She felt that the two other municipalities were waiting for more information to evaluate the program. She felt that the town would have to look at each project individually if we were not to participate.
Councillor Crain asked what would happen to the money if we paid into the fund but if it weren’t spent. CAO Critchley said it would stay in the fund. Councillor Crain expressed some concern if funds were not unutilized and what would happen to that money.
Mayor Prue felt that the program has worked well for 5 years. He felt that the rationale to stay in the program for this was good and that council could reevaluate later. He noted that all areas of the County have used funds for river or stream improvements or woodlot work. He felt he would rather stay in the program than opt out of it.
Councillor Courtney then explained that he sits on the ERCA Board. He noted that it stands for Essex Region Conservation Association, with the key word being Region. He made some type of comment about the “brainiacs” down the road and that when Windsor bowed out of the program it threw a wrench in the program. Councillor Courtney then seemed to address Councillor Crain directly, which I’ve noticed him to do before. I don’t believe members of council are supposed to address each other directly….it’s odd. Councillor Courtney then spoke about if ERCA wanted to make a real estate deal that money would be in the reserve to do so. He pointed out that ERCA owns land in different municipalities that often cross from one municipality to another. He felt that the concept for regional projects to work is that everyone buys in. (And it struck me…..Councillor Courtney opposed regionalizing our waste collection last year, but was full steam ahead for a regional approach to conserving the environment….struck me as pretty contradictory…..but I digress…maybe it’s because he’s on the ERCA board but not the Solid Waste Authority? I dunno…..)
Councillor Pouget expressed her support. She asked if County Council had taken a stand on this issue. Deputy Mayor Gibb did not believe it had been discussed at County Council. Mayor Prue did not recall that it had been discussed either but he noted he did not attend the last County Council meeting, that Councillor Pouget had attended in his absence. Councillor Courtney felt that the County did not have a purview with ERCA and that they do not contribute funds to them. Each municipality contributes funds individually.
Councillor McArthur said that he would support the program with ERCA. He felt that it was disheartening when municipalities pick and chose regional programs. He noted that watersheds do not respect municipal boundaries. He felt that what is good for one is good for all.
The motion then went to a vote and it carried.
Council Compensation Policy and Associated Matters
Council’s pay has not been evaluated or adjusted for many years. It appears that administration is recommending that the pay for members of council be evaluated. As well, it seems that they want to separate Council compensation and the Travel/Business expense into two separate policies to make it clearer.
It is also recommended that once the information comes forward, any changes would be put in place for the 2026 term of council. That way the current council isn’t deciding on their own pay for this term and the new 2026 council wouldn’t have to decide on theirs. Here are the recommendations :
It is recommended that:
1. The proposed amendment to the Council Compensation Policy BE ADOPTED as noted in the report of February 12, 2024;
2. An over-expenditure to the appropriate account in the amount of $9,503.02 BE AUTHORIZED to equalize compensation to all Council Members on a retroactive basis to the start of the term of this Council;
3. Administration BE AUTHORIZED to engage a consultant to perform a Council Salary Market Compensation Review to be funded from the Clerk’s Professional Fees;
4. Recommendations for any change in Council Compensation as a part of the Council Salary Market Compensation Review TAKE EFFECT for the 2026 Term of Council and BE INCORPORATED into the budget for that period;
5. Administration BE DIRECTED to utilize the Travel and Business Expense Policy with regards to Travel and Business Expenses incurred by Members of Council; and,
6. Administration BE DIRECTED to bring back amendments to the Travel and Business Expense Policy for future consideration by Council.
Councillor Crain wanted it clarified and on the record that the compensation matter would be in place for the next council and would not be for this term of council.
The Clerk, Mr Fox, explained that yes, the recommendation was for the next term of council but that one part of the recommendation had to do with retroactive pay for those that are collecting pensions and can’t contribute to OMERS. Councillor Pouget asked if that were her. CAO Critchley said that it applies to anyone that is on council and is over age 71. Councillor Pouget said that she hadn’t contacted the Integrity Commissioner. Mayor Prue said that he also had not contacted the Integrity Commissioner since he felt that there wasn’t a need to do so. He felt that all councils set their wages since no other body can do so and that is part of their role as members of council.
The motion was made (as noted above) and it carried.
UNFINISHED BUSINESS
Councillor Allaire asked about when the price would be ready for the third hard surface court. (When council approved the two hard surfaces for pickleball, they had requested a price for a third surface to be done at the same time, for some efficiency.) Ms Baillargeon said that once the project was tendered, she would come back with actual numbers and a report.
NEW BUSINESS
Mayor Prue said that he had received a memo yesterday from the Chamber of Commerce asking for $500, like last year, to sponsor an award. He made a motion to donate $500 to the Chamber of Commerce to sponsor an award. (Since he wasn’t chairing the meeting, he could make a motion if anyone is confused about that.) The Clerk clarified which award would be sponsored. Then Councillor Courtney said something along the lines that he thought that Councillor Crain would do this because he’s “notorious” for this and asked where the funding would come from. (I couldn’t help but notice some members of council smiled or laughed at this and some people in the gallery laughed too…..I’m not sure if Councillor Courtney thought he was being funny but it kind of came across as mocking Councillor Crain. I noticed that many were laughing, but Councillor Crain wasn’t…..it sort of became a situation of people laughing at somebody, not with them…..it was awkward….And I wasn’t sure if it was just me, but later when I checked my phone, I had a few friends that had texted me since they were watching from home – I guess they have nothing better to do? -…..and they felt that Councillor Courtney’s remarks were unwarranted.)
Councillor Pouget asked about the business bylaw that council had passed last year since council had been receiving complaints about it. CAO Critchley explained that they had always licensed business but had reduced it to 22 classes of business. In Amherstburg, until now, there were no renewals once a business license was issued. She used the example that 10 years could go by, things could change within a business but the town would be unaware. She noted that inspections would now be done annually and that renewals for various types of businesses were staggered throughout the year.
Councillor Pouget noted that she had voted for the bylaw and thought it was reasonable. She asked if the town had let the public and the business owners know. CAO Critchley said that the item was on the public agenda and that they were currently doing public education. She also noted that the Municipal Act is clear that the town can not profit from business license fees that it was only to be used for cost recovery. She noted that in some cases it’s not even cost recovery, it’s a loss.
Deputy Mayor Gibb said that he was not aware that businesses could need multiple licenses and could have three times the cost. CAO Critchley said that when they are doing inspections, they would be looking at different things. For example, if a business is a gas station and preparing food, it would be two licenses with two different inspections. She noted that if council wants to reevaluate the bylaw next year they could do so.
And suddenly it was time for bylaw approvals…..and at 6:56 PM the meeting adjourned. I’m having flashbacks to the “good old days” where I used to type up the blog right after the meeting. It seems like a distant memory yet here I am…..typing up the blog the same night as the meeting! And the added bonus? There isn’t another council meeting now until the end of March! It really is like Christmas and my birthday all wrapped up into one present! LOL!!!
Anyway, that’s it folks! I’ll see you in a few weeks! Thanks for reading! And I just realized I forgot to put the warning at the beginning not to read this blog….oh well. You read it. Even if you shouldn’t have.
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