Windsor city council is staying out of the fight over Ojibway Shores.

Council voted 6-3 against supporting a motion from the local environment committee.

The motion asked for a letter to be sent to the federal transport minister, asking him to inform the Windsor Port Authority it cannot proceed with the clear cutting of Ojibway Shores nor accept dirt for infilling purposes.

Mayor Eddie Francis, who voted against the motion, says what's being asked has already been done.

He says federal and provincial ministers have sent letters to the port authority saying it will not be receiving any dirt from the Herb Gray Parkway construction site.

One of the contractors working on the project has even said he will not enter into an agreement with the port authority to transport dirt to Ojibway Shores.

Francis says that has an impact on the authority's business case.

"The port authority has publicly said that without that, their business plan for that site falls apart," Francis said. "What's being asked to be done, has already been done. So the only point of doing it would be to posture."

Coun. Alan Halberstadt is co-chairman of the local environment committee and hopes the mayor is right:

"I'm happy the mayor has said it's been taken care of. I hope he's right. If he isn't, perhaps he can bear some responsibility," Halberstadt said.

The port authority says it won't take any action until an environmental review of Ojibway Shores is complete.