Monday May 13th Regular town council meeting

I went to watch Monday night’s meeting in person. I wasn’t sure how full the gallery may be since there were three delegations added to the agenda, so I got there early. While the gallery was full up to capacity by 6:00, it was not standing room only, although I don’t think there were any empty seats. Overall, it was a generally boring meeting. That means don’t expect too much from this blog LOL. I didn’t have a lot to work with. This time. There’s always a next time right? 

Council met at 4:00 for an in-camera meeting to discuss : 

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 – Legal Advice regarding Development Agreements and Contractual Obligations

• Section 239(2)(c) – a proposed or pending acquisition or disposition of land by the municipality or local board. 
• Section 239(2)(f) – advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 

Item B –Advice and Information regarding the disposition of Industrial and Economic Development Lands in the Town of Amherstburg

• Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board
• Section 239(2)(f) – advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 

Council then had a 5:00 planning meeting. When I arrived shortly after 5:30, the planning meeting was already adjourned. 

The regular meeting scheduled for 6:00, had a revised agenda. 

Here is the link (with the video) for the revised agenda https://pub-amherstburg.escribemeetings.com/Meeting.aspx?Id=f31a6b64-fd6e-4410-88e0-80b79e97a7d1&Agenda=Merged&lang=English

And here is the PDF format for the revised agenda https://calendar.amherstburg.ca/council/Detail/2024-05-13-1800-Regular-Council-Meeting/31c5e92f-92e7-4ccf-82e9-b16c01534fad

***Councillor Courtney was absent tonight*** The Mayor said that there had been a death in the family and asked that everybody keep Councillor Courtney and his family in their thoughts

DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF

Councillor McArthur declared a conflict of pecuniary interest for item 14.2 which was to waive the bylaw and fees for the Legion for music on their patio. He explained that while he is a member of the Legion, what puts in conflict that he is also in a band that has played music on their patio and their band is booked to play there this year. 

Councillor Pouget declared a conflict of pecuniary interest for item 19.4, which was a drainage board issue. It seems that her daughter’s home drains into the drain that is on the agenda. 

Mayor Pruepassed the gavel. He said that it was suggested that he has a conflict of interest regarding item 14.2, which is the music on the Legion patio. He said that he does not have a conflict, since he does not receive money from the legion, he’s not in a band that plays at the Legion, he is an ordinary member that does not sit on the board or any committees of the Legion. He wanted it noted for the record that he does not have a conflict of interest in regards to the Legion and this item. 

Delegation: Item 14.2 – Noise By-law Exemption for Royal Canadian Legion Branch #157 – Gary & Carmelina Wellman (supplementary agenda)

Mr Wellman addressed council first. He explained that he had been before council many times due to the excessive noise from the patio at the Legion. He noted that not all performances were excessively loud, but most were. He felt that some of the performances were okay and he wondered why the noise level could not be controlled consistently. He noted that the Legion had received noise exemptions in the past. He felt that if they received it this year that they should not be able to abuse that exemption. Mr Wellman spoke about when the acoustical engineer had presented results of a noise study to the previous council, they were shocked to see the noise levels. He said that at times the levels exceeded 100 dB and that it had been suggested that the noise levels be kept at 70 dB or less. He said that this situation had been going on for years, that the request was now being expanded to three days from two and that increased aggravation has been the result. Mr Wellman felt that it would be appropriate for council to grant the exemption if the Legion could keep the volume down and suggested a maximum of 70 dB. He also requested that rather than give an exemption for the entire season, to only give it for the month of June and that if all goes well, the Legion could come back and extend it at that time. 

Councillor Allaire asked out of pure curiosity if other areas caused noise since the building is so closed to the Open Air footprint. Mr Wellman replied no. He said that they enjoy Open Air and that it is the volume at the Legion that is high. He felt that other venues do not have high volume. 

Delegation: Item 14.2 – Noise By-law Exemption for Royal Canadian Legion Branch #157 – David Beneteau (supplementary agenda) 

Mr Beneteau addressed council next. He noted that he had last spoken to council in 2019 regarding waiving the sound bylaw. He said that he had put all of the details about this in his submission that was in the revised agenda. Here is the link to that information for those that want to read it https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=15054

Mr Beneteau noted how noise exemptions are sometimes published in the RTT when it affects people within 60 meters. He also noted that he had seen letters in the RTT from people that live further south and how they are affected by the noise. He felt that the root issue was that the Legion is given an exemption and then there is absolutely no control over the noise levels. He did acknowledge the Legion for trying but noted that as the evening goes on, the crowd gets louder, the noise gets louder and everything gets excessively loud. Mr Beneteau said that he would not be letting the issue go now and that if a blanket exemption were granted by council that he would follow up. He also responded to Councillor Allaire’s question about other events. He noted that during the Cars Gone Crazy there was excessive sound from music being played. He noted it was so loud that people couldn’t even talk but that it was not the Legion that had caused the issue. He also felt that this year, during the True Fest, that things were fantastic but that last year it had been too loud. 

CAO Critchley spoke since there had been reference to the town’s policy. She said that noise exemption applications are printed and advertised if it’s for a private event on private property, such as a wedding or party. She said that this particular decision about the Legion does not fall under that authority since it is a public event and publicized as an agenda item. 

Delegation: Item 14.2 – Noise By-law Exemption for Royal Canadian Legion Branch #157 – Ernie Gazdig (supplementary agenda)

Mr Gazdig addressed council next. He said he was there representing the Legion membership, which has over 420 members, 107 of which are veterans. He said that he appreciated the opinions shared and respected the input given. He said that their special request was for a noise exemption for Open Air weekends 2024. He felt that an exemption for the season would be best since otherwise, they would have to apply repeatedly which would also generate excessive fees. He noted that they are a non profit organization and that during the summer, their primary revenue generators are the bands. He felt that they do try to monitor the noise levels but that the bands do not play at a constant volume. He felt that there were issues with the Queen Charlotte building itself not having proper insulation or being properly constructed and that the Legion was not responsible for that. Mr Gazdig said that if phone complaints are received about excessive noise levels, that the bar stewards do go outside and have the band lower the volume. He talked about changing the direction of the speakers to mitigate the problem but that sound travels. He felt that the Legion needs to book bands at least one month in advance, especially in the summer. 

Deputy Mayor Gibb said that he feared that if they can’t get this neighbour dispute settled, that everyone will lose, in the end, the Legion and the residents. He asked Mr Gazdig if there were anything he could tell us that they will keep the sound levels under 70 dB. Mr Gazdig said that he did not understand where the 70 dB was coming from. He said that they will do everything with the bands to control their noise levels and will deal with any issues immediately. He mentioned that they have been hiring bands with 3 members or less. Mr Gazdig mentioned that some time in the future, they would be looking to acquire a new sound system. 

Councillor Pouget asked where the 70 dB number came from. Mr Gazdig said that he did not know. Mayor Prue explained that at one time, with the previous council, that number had been suggested to incorporate into the bylaw but the bylaw was never passed. 

There was a motion to receive the delegations. 

Noise By-law Exemption for Royal Canadian Legion Branch #157

Since there were delegations about this agenda item, it was brought forward for discussion at this point. The Legion had requested an exemption to the noise bylaw during Open Air weekends as well as a waiver for the fee. For context, here is the recommendation that was given to council : 

Here is the recommendation : 

It is recommended that: 

1. The report from the Manager of Licensing and Enforcement dated April 27, 2024 regarding a noise exemption for Legion Branch #157 BE RECEIVED for information; 

2. THAT a Noise Exemption for Royal Canadian Legion Branch #157 BE APPROVED until September 2, 2024 from Noise By-law 2001-43, table 3-1, section 2 with the respect to the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers to allow for music on Friday from 1800hrs to 2200hrs, on Saturday from 1800hrs till 2200hrs and on Sundays from 1400hrs till 1800hrs at the Royal Canadian Legion #157; and, 

3. That the request for the waiver of the Noise Exemption fee of $61.00 BE RECEIVED and FILED for information

Councillor Pouget asked about the 70 dB number and where it had come from. Mr Tetler, the Manager of Licensing said that there was not any wording in the current bylaw regarding decibel levels. He referenced that it had been debated on May 24th 2022 but it was not passed into a bylaw. Councillor Pouget asked that since there was no noise limit right now, what could be done to resolve this. Mr Tetler said that the way the bylaw is structured right now, that if the noise is disrupting the quality of life of a resident then it can be dealt with. He used an example, if a garbage truck were going around before 6 AM, that would be an increment on the noise bylaw and could be dealt with. Councillor Pouget noted that everyone has different levels of noise that would be tolerable to them. She wondered what can be done to compromise. Mr Tetler agreed that thresholds were different for everyone and that complaints are dealt with on an individual basis. 

CAO Critchley explained that the way the noise bylaw is enforced currently is if a complaint is given. She noted that often complaints happen after hours and that generally, the bylaw officers work until 8PM. She said that if it’s after hours, residents can call the police and that they will deal with it. She spoke about keeping a lot of any issues and what is happening and that that can be used if necessary to testify in court. 

Councillor Crain asked if any other municipalities measure sound levels by decibel readings. Mr Tetler said that some do however many are like the Town of Amherstburg, with no set decibel level. Councillor Crain asked what the reasoning was in 2022 when this was discussed. (Councillor Courtney was absent, Councillor McArthur had declared a conflict about this agenda item, so he could not speak at all about it, but Mayor Prue was on that council yet did not speak to it. It would have been helpful I think if he had offered some context to the history of this debate.) The Clerk believed that enforceability had been a consideration in the debate two years prior. The noise levels would have to be monitored, measured and the data would have to stand up in court. He said that the town did not have the resources to do all of that day and night. Mr Tetler added that the bylaw department is not always an “on demand” service and that they typically look into complaints the next day. A decibel reading the next day would be of no use. CAO Critchley noted that often, if bylaw is able to get there in short order, often the volume has been turned down by the time they arrive. 

Deputy Mayor Gibb said that he had been reading the reports and minutes of the 2019 meetings when the sound engineer presented to council and that is where he saw the 70 dB reading referenced. He noted that the sound engineer had reported that 70 dB was the upper limit of an acceptable level of noise. He noted that the reports had referenced the 70 dB as an upper limit frequently while he was reading. He explained where he had found that number. 

Councillor Allaire was just curious if the town had received any complaints about music at Open Air. Mr Tetler replied that no, no complaints were received regarding noise from Open Air. 

Mayor Prue asked how many complaints had been received specifically about the Legion. That was also zero complaints for 2022 and 2023. 

Councillor Allaire then made the motion to move the staff recommendation and to waive the fee. Councillor Pouget seconded it.  

Mayor Prue wondered if everyone was charged the $61 fee to apply to waive the noise bylaw. Mr Tetler said that yes, that is the case. CAO Critchley also concurred about the fee being a one-time fee for an event. She again used the example of a wedding or private party requesting to waive the noise bylaw and would pay the fee. She also noted that it would depend on how council wanted to treat Open Air, as one event or each weekend. Would they want to waive $61 based on a one-time event for the Legion or $61 per weekend? Mayor Prue asked why the fee was being waived and the CAO said that the Legion had requested that. 

Councillor Pouget felt that it was not clear if council should waive the fee or receive it and file it. The Clerk pointed out that Councillor Allaire had said in her motion to waive the fee and Councillor Pouget had seconded the motion. (Sometimes I really do wonder if I’m the only one in the room that is actually paying attention?….) CAO Critchley said it would be up to council if they wanted to treat Open Air as one event or charge a fee for every weekend. 

Deputy Mayor Gibb said that Councillor Allaire’s motion to waive the fee was clear. He noted that there had been no noise complaints in 2022 or 2023. He said he would not oppose the motion. However, he did say that he is very concerned that if the noise levels are not controlled, that this problem will eventually go beyond Amherstburg town council. He said he was trusting that the Legion will handle this issue with utmost seriousness. 

It went to a vote. It wasn’t recorded but I watched it. Everybody (Deputy Mayor Gibb, Councillors Pouget, Crain and Allaire) all voted in favour. 

Presentation – Aphasia Friendly Canada – University of Windsor

Two professors from the University of Windsor presented to council about Aphasia. It was explained that it is a communication disorder that typically is a result of a stroke or can also be the first step of dementia. It is a cognitive disability that results in problems communicating. They said that it is very common and the numbers are increasing. The professors want Amherstburg to be the first city that would be Aphasia Friendly. They noted that the training program would be free to every business that wants to participate. They said that they chose Amherstburg since we have a lot of tourism and also have many locally owned businesses. It seems that if you receive the training, you receive a type of postcard/symbol to put up so that people know that it is an Aphasia friendly environment. They noted that many cities around the world are on board with this initiative. They also noted that their first stop was Amherstburg and that they had already talked to the Accessibility Committee. 

Mayor Prue shared that he had already done the course and had learned that sometimes people with Aphasia can not speak but have other ways to communicate. Councillor Pouget asked how a person could get the training. They explained that it is done on-line and that they will send brochures with the information. They also said that in-person training is offered if required. They gave an example that an organization like the Sportsmen’s Club could host an event and businesses could attend to get the training. 

Councillor Allaire noted that inclusivity is part of the strategic plan. Councillor Crain hoped that businesses and staff would get involved since there was no cost to the town. 

A motion was made to receive the presentation and endorse a friendly Aphasia Environment in Amherstburg. The motion carried. 

2024 Tractor and Wide Area Mower Replacement

Councillor Pouget had a question for the Director of Engineering. She asked about a part of the report that talked about issues with a confined space. Ms Gioffu replied that that information was in the next report on the agenda about the backhoe. Councillor Pouget then felt it was good news that the tractor and wide area mower had come in $24,000 under budget. While that is good news, it had actually come in $42,000 under budget. Even better news I guess. 

Anyway, after this short misunderstanding about the reports, Councillor Allaire made the motion for the recommendation : 

It is recommended that: 

1. An expenditure for the purchase of a 2024 Tractor and Wide Area Mower BE APPROVED for a total cost not to exceed $197,914.52 including net HST; 

2. The purchase of the 2024 Tractor and Wide Area Mower BE AWARDED to Colvoy Equipment. 

3. Net proceeds from the sale of the current Unit 607 Tractor BE DIRECTED to the Fleet Reserves, along with any surplus funding, to help replenish the reserves for future Fleet purchases.

2023 Case Backhoe Improvements

It looks like some improvements are needed for the backhoe. This is from the discussion portion of the report : “During recent operations, the water/wastewater operators identified a safety concern with the new backhoe. The rear excavating bucket would be safer to operate with a quick disconnect system for switching attachments and buckets. During a watermain and sewer repair project, the backhoe operator could switch buckets and attachments multiple times throughout the course of the work. With the current setup, the ground crew would need to be in communication with the backhoe operator and in contact with the backhoe to assist in pulling and installing pins to swap buckets and attachments as needed. This could cause potential safety issues within the confined work area and would add additional time to perform the work which can be critical during water main repairs. The inclusion of the quick-disconnect equipment will allow the backhoe operator to switch equipment without assistance of the ground crew and in a more timely manner. The cost to install the quick-disconnect function of the excavating bucket is $14,500 excluding HST.”

Councillor Pouget started asking questions about the confined space and safety. My pen ran out of ink…..(I was already on my second pen of the meeting as it was….)….I dug in my purse to find a third pen. By the time I got back to note-taking, the Q&A session was almost over. I guess in the end it didn’t matter much anyway. Councillor Allaire made a motion for the recommendation, Deputy Mayor Gibb seconded it and it carried. 

Cultural Heritage Risk Mitigation – Student Placement Opportunity

With the new provincial legislation looming about heritage properties, it seems that not all potential heritage properties lie in the Heritage Conservation District. It is being recommended to hire a University student in the fall to help with looking at other properties of interest in Amherstburg. Here is the recommendation : 

It is recommended that: 

1. The Administration BE DIRECTED to hire a university student during the fall semester of 2024 to help designate Properties of Cultural Heritage Value or Interest to meet the legislated timeline of Bill 23.

Councillor Allaire mentioned that during budget deliberations it was mentioned that it’s not always enough to hire a student for a job. She was curious if hiring a student would be enough for this position. Somebody from administration explained that in this particular case, it was a low skilled position and that the student would help with administrative duties in regards to heritage properties. 

Councillor Crain mentioned that this issue had been brought to the Heritage Committee. He noted that there are 17 properties outside of the Heritage Conservation District that have to be evaluated before January 1 2025. He appreciated the extra support with this position. 

Mayor Prue passed the gavel. He talked about a letter that had been sent to the Premier and to the Minister about a 5 year extension. It seems that there has been no response from the Premiers office. 

The motion was made and it carried. 

Digital Gateway Signage

Ms Osborne, Deputy CAO explained that when administration was reviewing the age of the digital gateway signs, they found that the warranty would be expiring in a few months. She noted that the signs are not part of the Asset Management Plan and that there is not enough in reserves to sustain them. She felt a different way to handle this would be to hire a third party and allow them to sell advertising for the signs and that this could generate some annual revenue. 

Councillor McArthur had quite a few questions. He wondered if the town could be giving up control and also wondered how we can ascertain local advertisements. Ms Osborne said the policy could be revisited in regards to advertising. Councillor McArthur felt that right now it was someone on town staff that hit the button to confirm what’s on the signage. Ms Osborne said that the policy would protect the town and that our events and non profit organizations would still be advertised on the sign. She noted that there are different ways to write agreements with assurances. Councillor McArthur wondered how much would be local advertising. Ms Osborne said it would all be local and divulged that Starbucks, Taco Bell and Burger King are three of the tenants for the new plaza going up on Sandwich Street near Tim Horton’s. She said that a policy could be made that it must be businesses that are located in Amherstburg, including local franchises. 

Finally Deputy Mayor Gibb made the motion as per the staff recommendation and Councillor Allaire seconded it. Deputy Mayor Gibb felt it was a great idea and that if the signs could pay for themselves, that they would have to try and hopefully generate some revenue. He gave kudos to staff for thinking outside the box. 

The following motion carried : 

It is recommended that: 

1. Administration BE DIRECTED to issue a Request for Proposal for third party partnership on the digital gateway signs as outlined in this report; 

2. Administration BE APPROVED to proceed with the extended 5-year parts warranty for the digital signs, at a cost of $4,430 USD, plus taxes, with all revenue and expenditures to be captured under the Economic Development Division; and, 

3. Administration BE DIRECTED to bring back any changes to the Municipal Digital Signage Policy which may be required as a result of the RFP. 

Designate 179 Victoria Street South as a Municipal Capital Facility

This report is in regards to the building at the corner of Victoria Street and Richmond Street (the former ACS building).  It is being recommended that council declare the building a municipal building for public use. Just a side note here folks….just like the Libro arena, this building will not generate a profit either…..it will be a building for all of the public to use and enjoy. So next time a member of council complains about the Libro Centre budget and wanting it cut…..well, this building too, will have a budget that can be cut, no? 

Councillor Allaire wanted to know, out of curiosity, that this would not affect the Golden Age Club. CAO Critchley explained that this designation would make the building exempt from taxation and then the town would not have to pass on the taxation expense to the tenants. 

Councillor Pouget wondered if the town had been paying taxes on it before. The Clerk said that the building was being currently returned into service and that this exemption was probably in place before. 

Councillor Allaire made the motion for the recommendation and Councillor Pouget seconded it. 

Here’s the recommendation : 

It is recommended that: 

1. The community centre at 179 Victoria Street South BE DECLARED a municipal capital facility for the purposes of the municipality and Council affirms that its facilities are for public use; 

2. By-law 2024-035, being a by-law to designate 179 Victoria Street South as a Municipal Capital Facility, be taken as having been read three times and finally passed, and the Mayor and Clerk BE AUTHORIZED to sign same; 

3. Administration BE DIRECTED to negotiate a Municipal Capital Facility Agreement with the lessee of 179 Victoria Street South; 4. The Mayor and CAO BE AUTHORIZED to execute a Municipal Capital Facility Agreement with the lessee of 179 Victoria Street South; and, 5. Administration BE DIRECTED to pursue changes in the Property Tax Classification of 179 Victoria Street South, as appropriate. 

It carried. 

Motion from Amherstburg Accessibility Advisory Committee Regarding Funding Source for Downtown Sidewalk Repairs

It is recommended that: 

In accordance with the Administrative Report of May 13, 2024, the Amherstburg Accessibility Advisory Committee recommendation regarding reconsideration of the funding source for sidewalk rehabilitation work BE RECEIVED.

For those that have been following, you’ll know that some sidewalk repairs are (finally) being scheduled for downtown Amherstburg. I believe two trees will also be cut down. (They’re growing out of the middle of the sidewalks.) 

This discussion got a little bit long and sometimes hard to follow, so I’ll try to be brief and explain it to the best of my understanding. 

Councillor McArthur spoke first since he is the council representative on this committee. He said that the committee was willing to pay half, $16,000 from the AODA reserve but wanted the town to pay the other half from another reserve such as the capital reserve off the tax stabilization reserve. It seems that the committee felt that the AODA compliance fund was not just for sidewalk repairs, since these repairs would be making the sidewalks accessible for everyone. It seems that the committee also felt that the repairs were not just for accessibility concerns. He said that the vote was unanimous at the committee level to pay 50% from the AODA compliance fund and the other half from reserves. 

Councillor Pouget asked about public consultation in regards to AODA. The Clerk said that a requirement for consultation would be necessary if money were being used to create rest areas, for example, but was not required for sidewalk repair. Councillor Pouget continued to talk about rest areas instead of planters. CAO Critchley said that what Councillor Pouget was talking about was a bigger project and was not in the budget that council had approved. 

The discussion went on and on and on…..I’m not even sure why to be honest. 

Finally it went to a recorded vote to use 50% of the money from the AODA account and 50% from the tax stabilization reserve to repair the Richmond Street sidewalks. Everybody voted in support. 

Then suddenly, it seemed that the wrong reserve had been chosen. They needed a motion to reopen the motion that had just been passed unanimously. This was done while one member of council typed on their computer and smiled at it. So the motion was reopened, then modified to take 50% from the life cycle fund instead of the tax stabilization fund. That carried. It was unanimous but not recorded. 

Councillor Request for Information re. Resident Concern on Encroachment Matter

OK. This is a strange one. If you recall, two meetings ago, there was much discussion about a letter that was given to Councillor Pouget for her to give to council. But it seems that she gave it to the Mayor and the CAO and they acted on it. I think a report was requested, so the report was on Monday night’s agenda. 

From what I can gather from this report, it seems that a resident was encroaching somehow on town property. Members of administration spoke on the phone with the resident and even attended the residence. It seems that the resident wanted just to assume ownership or rights of the town-owned property since they had been maintaining the property and had also erected a gate to close it off to public access. It appears that the resident wants the property “grandfathered” to them. However, the report goes on that this would incentivize others to illegally use town property for their own personal gain. 

It’s hard to make sense of the report since the property in question isn’t specified. I guess that’s to protect whoever the homeowner is ? I don’t know. Anyway, for those of you that want to read it and try to make sense of it, here’s the link https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=15032

As soon as this item was on the floor, Councillor Pouget raised her hand. She started talking about being concerned that information had been withheld from council, that things were inaccurate,…..(it was spiraling downwards and fast….) Mayor Prue interrupted Councillor Pouget and started saying that in the Strategic Plan, one of the pillars is treating staff with respect. (Basically, Councillor Pouget was not. Not even a little bit….) Deputy Mayor Gibb called a point of order. He wanted to close debate on the item. He mentioned that a letter had been given to a councillor, not to council.  (I do recall that from the meeting where this “issue” was aired out….I believe a resident had given a letter to Councillor Pouget, it was addressed to all of council and she gave it to the Mayor and CAO…..) CAO Critchley then spoke and said that when the item was raised at the last meeting, she had apologized then about the oversight and that it was not intentional. She then apologized AGAIN. Mayor Prue made a comment to Councillor Pouget that if she wanted to speak again, she could not malign staff. So, Councillor Pouget didn’t speak. (That says a lot doesn’t it??? Wow….no pun intended….) 

Councillor Allaire asked a couple of questions about certificates of insurance. Finally a motion was made to receive the report. It carried. (That closes Chapter #482 of As Amherstburg Turns….I guess….) 

Ontario Ombudsman Report

It looks like somebody filed a complaint against the town regarding several council meetings and a committee meeting. Here is the full report for those that want the nitty gritty. https://pub-amherstburg.escribemeetings.com/filestream.ashx?DocumentId=15023

Here are the recommendations for the consent correspondence : 

1. The report by the Ombudsman of Ontario, Paul Dube, BE RECEIVED for information;  
2. Members of Council continue to adhere and BE VIGILANT with regards to obligations and responsibilities noted in the Municipal Act;
3. Members of Council ensure that all resolutions to proceed in camera BE PROVIDED in a way that provides the general nature of the matter to be considered in the closed meeting, as required by the Municipal Act; 
4. Council and Committee training sessions shall BE DELIVERED in a way to prevent a meeting from taking place by not materially advancing the business or decision-making of Council or the Local Board.

Councillor McArthur spoke first. He felt that there was a lot of gray in the report. He felt that the town does want to give information but not too much information that could put the town at risk. He felt that it was a fine balance to protect the town as well as share information. 

CAO Critchley felt that Councillor McArthur had hit the nail on the head about the balance required. She noted they want to give enough information but not breach confidentiality. She gave some examples, spoke of always taking advice, how the processes are always evolving and sticking with best practices. 

Councillor Pouget wanted to thank the person that complained. She felt that it helps to keep council on their toes. She felt that the person would have had to exhaust all options. She spoke of the August 8, 2022 meeting that most on the current council weren’t present for that one. She then referenced the February 14th meeting and how she had refused to go in-camera and that council had agreed to stay in session but there was a problem with the audio. 

Deputy Mayor Gibb made the motion as noted above. He felt that any feedback would be taken seriously and that he had full confidence in council and staff. He felt it was time to move on.

Councillor Crain agreed that there was a lot of gray. He does not want to jeopardize the business of the town. He also said that there can be technical glitches at times. 

Mayor Prue then spoke. He noted that the Ombudsman in his report did give 3 or 4 kudos to Amherstburg. He felt that it is a very difficult thing to do, to run meetings perfectly. He felt that 2 or 3 words could have changed it all and made it perfect. He felt that council hadn’t done anything wrong and that the reports were very minor in nature. He talked about the set up for the Ombudsman in Ontario and that he didn’t want to guess how much this investigation and report had cost. He mentioned probably hundreds of thousands of dollars. He said he would take the slap on the wrist for the 2 or 3 words and then commented about how we wonder why the government doesn’t have any money. (Basically, I feel he was insinuating that a huge investigation was done, with a huge report to go along with it…..for some very minor violations…and some things that weren’t found to be violations at all….) 

The motion carried. 

The meeting continued on….very little discussion, if any at all on the next group of items…..until…..

NEW BUSINESS

Councillor Allaire said that a resident had reached out regarding Big Creek. She was asking for a report about what the town is doing for Big Creek. The Clerk asked if she were speaking about the phragmites. He mentioned that a report could be written regarding the phragmites. Ms Gioffu, Director of Engineering concurred that a report could be brought back about what is involved. 

Councillor Crain asked if this couldn’t be addressed in an email rather than a full report. He wondered if this report would be stretching staff thin. (I get it….asking for reports constantly is what created that huge unfinished business list…..just sayin’…..and they take time, which costs money…..but I digress….) 

Councillor Allaire didn’t want an email sent. She said that the person would like to speak, therefore they need a report so that the person can delegate. 

Deputy Mayor Gibb said he wouldn’t oppose getting the report but felt that this item should have gone to the Environmental Committee first. 

(It’s funny how certain members of council want things first to go to the Audit and Finance Committee, or the Accessibility Committee…..but not this item? This should skip straight to a delegation to council? hmmmm) 

Councillor Pouget felt that once council heard this gentleman’s presentation, that they could then send it to the Environmental committee and ERCA. She felt it was important that council hear it. 

Anyway, it carried. There will be a report about phragmites. And when it’s on the agenda, somebody will be delegating about it. 

Councillor Pouget then brought up the naming of the old ACS building (179 Victoria Street). She wanted to name it after H. Murray Smith. She said she had spoken to the Golden Age Club and their support was unanimous. The Clerk mentioned that naming buildings and streets goes to the Heritage Committee. 

Councillor McArthur said that it was important to remember TWO names. He noted that H. Murray Smith already had a park named after him. He then mentioned how the S. Ralph McCurdy Track was now closed and there was a motion from the previous council that if a new track isn’t built, the building would be. 

Councillor Pouget said that she had spoken with the Smith family and that they would be honoured to have the building named after their father. Mayor Prue made a comment that the McCurdy family would be honoured too.  Councillor Pouget felt that Mr McCurdy was dedicated to sports and that perhaps a basketball court could be named after him. She then spoke about Mr Smith and said he had donated the land where the park is now. Deputy Mayor Gibb then spoke and said he must correct the record about that statement. He noted that according to the Marsh Collection documents, the land was acquired from a farmer (Bell farms) and then later named after Mr Smith because he was the citizen of the year. Councillor Pouget accepted the correction and went on about Mr Smith’s donations and how they speak for themselves. (She didn’t specify what the donations were, so I’m really not sure what they were, not sure if any of my readers may know?) Councillor McArthur noted that the two names were already sent to the Heritage Committee. 

Then the subject changed. Councillor Allaire asked a question about traffic calming measures. It seems there will be a report about that at the May 27th meeting. 

The meeting adjourned at 8:32 PM. Overall, not too exciting. I hope this blog wasn’t too boring for you. 

The agenda for the next meeting will be out in a few days….but it’s a long weekend this weekend! Hope everyone takes the time to enjoy it! Before we get back to the next episode of As Amherstburg Turns….