The town would also pick up costs relating to documentation and registering encroachments on title.
“We’re trying to find the proper balance,” said Critchley. “Anything that could be moved are the minor items such as landscaping and fencing.”
Judith Carter, a George St. resident, told town council of her concerns, pointing out that removal of porches or the cost of an encroachment agreement would have been cost prohibitive to her and her partner.
“We are retired and on a fixed income,” Carter told town council.
Carter said they have lived in their George St. home for 16 years. She said they risked losing value of their biggest asset. Carter noted she spoke with a woman on Seymour St. who was upset over possibly losing the front of her property.
“She could barely talk to me. She was crying so loud,” said Carter.
Only one council member went up and down Seymour or George St. to talk to residents about their concerns, she added. Carter stated she sent a letter to each of the seven council members, “only getting a courtesy response from four of you.”
Costs of $7,000 to demolish their porch and haul it away, or $3,000 for agreements with the town and increasing liability insurance are unaffordable, Carter indicated.
“Either way, it’s money we don’t have or won’t have,” she said.
Regarding a line in the report that waiving fees would cost the town $5,700, Carter said it won’t “put the town in the poor house.”
“Just do what all of us have to do – go without something,” said Carter.
Mayor Michael Prue reiterated what Critchley had said, that the porches and steps could stay and no costs be passed on to the residents.
“All of the things you are worried about have been looked after. There won’t be any fees, there won’t be any funding required of you,” said Prue. “It’s all of them. Everything.”
Councillor Diane Pouget said the residents of those streets had to endure a lot of stress and thanked Carter for her input.
“You did everything right in order to get to this point,” Pouget told Carter.
Pouget said fees will be waived but “we still appreciate everything you’ve done” and thanked Carter for expressing her feelings to town council.
Councillor Peter Courtney apologized to Carter for how he responded, noting he often lets Prue respond to concerns when council gets a group e-mail. He said he doesn’t personally respond if he agrees with how the mayor responds.
Gerald Schmidt, another George St. resident, expressed concern with a tree that is in front of his home. When he has to park on that side of the street, he has difficulty opening his car door due to the size of the tree and the proximity of it to the road.
“All of the roots are above the ground,” said Schmidt.
Schmidt called for removal of the tree, believing it is a trip hazard.
“Take the tree out,” said Schmidt. “If I break my leg, I know what it’s going to cost you.”
Schmidt said he has lived on George St. for 40 years and has seen little improvement. He added there is one working street light in his area of the road.
“The only thing that has happened on George St. in the last 40 years is that my taxes have doubled,” said Schmidt.
Blueprints to his home date back to the 1800s, he told town council, and are difficult to read.
Schmidt emphasized the tree should be removed.
“If you don’t get rid of the tree, you know what’s going to happen. It’s going to cost you a lot of money,” said Schmidt.
Clerk Kevin Fox told Schmidt that upon looking at the project, the tree has been identified for removal as part of the project.
Alex Bondy said part of his property has been considered an encroachment by the town. He said the sidewalk in front of his porch is just shy of five feet. He questioned why it would be removed when it is close to what the town is seeking to do. Prue said the AODA (Accessibility for Ontarians with Disabilities Act) standard is just shy of five feet, noting that the recommended option by administration would not impact that area of the sidewalk.
The mayor later added he was confident not much would have to be done in that part of the street in relation to the sidewalk width.
Linda Saxon pointed out her long-standing advocacy for those with disabilities. She said she has pressed for a stronger commitment to accessibility in Amherstburg for decades.
“In this case, rigidly applying the AODA to the detriment of residents is not something I would welcome, especially when AODA exceptions could apply,” Saxon stated.
The first option, which would be more of a “like for like” replacement of assets along the streets, may be a better option.
The second option, which administration recommended, was to replace infrastructure, wherever possible, with compliant widths, something the report states is the approach “administration has been proceeding with up to this point and continues to recommend as the best practice.”
“All that is required is for the town to demonstrate one or more of the applicable exceptions, in this case three,” she told town council.
Saxon listed the Gordon House as an exemption from municipal property audits due to heritage reasons, adding there are also barriers at the police station. She said exceptions have been made when she believed there should not have been. She emphasized she did not support putting hardships in this case on residents when there are exceptions that could be applied.
“If the town can demonstrate these exceptions, that would be acceptable,” she said.
Councillor Peter Courtney asked if “widening where we can and narrow where we can’t” would be a good option but Saxon didn’t believe the “where possible” notion was clear in the report. If there was no financial option, she would lean toward the second option.Barriers that could easily be addressed in Amherstburg are not, Saxon added, questioning why AODA compliance was being asked for to the potential detriment of residents. Councillor Diane Pouget asked about the safety of going back and forth between four and five foot sidewalk widths, with Saxon stating her concern is more with the detriment of the residents.
Prue said the second option “is taken from the Ottawa experience.” He said the town is trying to do what Ottawa did to make streets AODA compliant.
Resident Albert Morency tried to appear before council as a delegate but wasn’t permitted as unanimous consent was not granted, per the town’s procedural bylaw. Prue, Pouget, Courtney, Councillor Don McArthur and Councillor Molly Allaire voted in favour but Councillor Linden Crain and Deputy Mayor Chris Gibb opposed.
Crain said if someone wants to delegate, the town has to be provided adequate public notice. He added that if a person is watching online, they don’t have the same opportunity to be a delegate as someone in-person.
The issue of sidewalk width was discussed at length by town council, leading to the issue to be referred to the accessibility advisory committee. Courtney wanted to know if the town could defend going “like for like” in replacing amenities on the street, with Critchley stating administration reached out to municipalities across the province who specialize in AODA with questions. She said that was how the recommendation to council was developed.
Pouget believed a report from the accessibility committee could be helpful and also asked if there was consultation with the heritage committee. She said it is a historical area of Amherstburg with mature trees, boulevards and porches.
“It’s like stepping back in time in an old, historic neighbourhood,” she said.
Pouget said she was concerned about the safety of fluctuating sidewalk widths. Critchley noted heritage planner Adam Coates was part of the discussions to try and find a solution.
Allaire wanted to ensure the street lights in the area worked better once the work was completed.
McArthur told residents that staff and the mayor did what they could to address “the legitimate concerns” residents raised.
“I don’t think you should be charged for this. It’s a historic area and you’ve been there a long time,” McArthur told residents.
McArthur said “it’s a beautiful street” and he didn’t want to see a lot of disruptions, but noted infrastructure has to be updated and the AODA has to be adhered to. Going to the accessibility committee would help “drill down” on what the best option is, noting the second option was the one preferred in the report from administration.
The town addressed the encroachment issues, McArthur added, also telling there would be no costs to residents for encroachment matters.
Courtney wanted to “get as much information as we can” and agreed the sidewalk issue should go to the accessibility committee. He said he wanted to preserve the historical look and didn’t want to have wavering sidewalk widths such as going back and forth between four and five feet. He was also concerned over safety if sidewalk widths change.
Gibb told the residents that filled the council chambers and spilled out into the lobby that he believed the town did what it could.
“This has been a long, strenuous process for everyone. We all appreciate this has been difficult for you and difficult for us,” Gibb said. “To bring a 100-year-old neighbourhood into today’s legislation is not easy.”
The deputy mayor said residents have been heard and no one has to remove porches or redesigned houses. Sidewalks will “work for your neighbourhood” and acknowledged there would be disruption such as the removal of shrubs and fences.
“I think we’re pretty close to a workable solution,” said Gibb.
Pouget noted there are residents who are concerned about their fences and hedges being removed. She said the work on those made the area historical and unique. Some fences have been up for years, she stated.
“It’s a great motion but it deals specifically with porches and steps. It does not deal with the other issues they are concerned about,” said Pouget.
Critchley said anything that can be moved such as landscaping and fences are still eligible to be moved, with Pouget stating she didn’t think that was fair. She said hedges and fences help make it historical and beautiful.
“I just don’t agree with this at all,” she said.
Pouget questioned what width would be required for sewer tie-ins, hoping that would be a solution, but the CAO stated the new sidewalk would have to have the fences and shrubs out of the way.
“Because they are not permanent structures, that was thought to be the best compromise,” said Critchley.
Critchley stated again they modelled the recommendation after what other municipalities do and they crafted it with the best interests of the town in mind.
Prue said this was “a very difficult decision” and noted sewers have to be done on those streets. He said there are still clay pipes and he hears from a resident upset because her basement has flooded four times in 12 years.
“I don’t want people on these streets to say ‘my basement has flooded, why didn’t you do something’,” the mayor said.
Federal and provincial grant money has been obtained for the project, said Prue.
In addition to replacing the sewer pipes, the roads have to be repaired. He said Seymour St. “is in desperate need of repaving” and he would be shocked if anyone disagreed.
“We want to protect our environment and all of the trees. We’re going to work hard to keep every single tree up,” said Prue, adding the tree Schmidt mentioned will come down but others will stay. “They need to stay there for the aesthetics of the town.”
The sidewalk issue was a contentious issue, Prue acknowledged, adding the town hasn’t done a good job making itself AODA compliant.
“It has to happen now,” he said.
Prue said he didn’t envision widths would fluctuate abruptly and would narrow based on “whatever can be left up” along the street.
“I’ve asked you all to be patient with the town. We’re working through this issue. We’ve worked through the most contentious issue so far – you won’t have to pay,” he said. “Other (issues) will unfold as it should. I’m confident when the sidewalks are put in, everyone is going to have a smile on their face.”
Pouget questioned whether landscaping and fences would still have to be removed by a Nov. 15 deadline, making a motion to delay the timeline until more information comes from the accessibility committee.
Fees waived for residents impacted by sewer project
By Ron Giofu
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