By Pepper Parr
October 11th, 2022
BURLINGTON, ON
We now know a little bit more about why and how the Nelson Quarry decided they were not going to be able to work with JART Joint Administrative and Review Tribunal.
Our source told us that the agencies that have to sign off on the application to extend the life of the current quarry and seek a permit to mine additional space had done their job.
The delay was at the JART – Joint Administrative Review and Tribunal – level where files were just not moving.
Move the cursor over the graphic to enlarge the type
JART – Joint Administrative Review and Tribunal flow chart
We were advised that there were additional problems, and some concerns over the support the JART was getting from outside professional groups.
The main quarry that is reaching the end of its productive days. Once the pumps are shut off the quarry will fill and become a large lake.
Apparently the JART wanted to or has brought in an Air Quality Group from California where air quality issues are a lot different than they are in Ontario; further quarry mining isn’t something that happens in California.
Nelson reached the point where they became concerned just how well the JART process was going to work
An artists rendering of what they believe the mined out quarry cab be turned into when the pit is flooded.
In order to get their situation before the Ontario Land Tribunal the company had to ask the Ministry of Natural Resources and Forests to send the application to the OLT for adjudication.
Nelson Quarry has for some time told the public they they wanted to give the quarry to the city and help them turn it into a massive park.
The shaded areas are land on which the Nelson Aggregate people want to be given an additional license. The green area will be a home for the Jefferson Salamander.
That didn’t go down all that well with the people in rural Burlington, ward 3 for the most part; they see the country as their domain and don’t really want to share it.
Nelson wanted to have a park operator in place to run it when it became a park and to do the prep work that has to be done to take xxx ha of space and turn it into a park.
Once the park operator is in place the city no longer has a seat at the table when it come to the managing of the program and planning the activities.
Pepper, Curious as to why Nelson did not appeal the first OLT decision that rejected the application for expansion, if they believed the OLT decision was wrong.
Last night at the Rosedale Q&A I raised the issue of why our city takes the position it does: it is better to cry undemocratic than appeal the OLT decision.
Appealing is certainly the decision we have a right to expect especially for those decisions pro taller buildings that were made based on a bus stop in the downtown being wrongly classified as a Major Transit Station with its intensification responsibilities. Instead our Council began a name calling campaign that still has not stopped, with MMW’s campaign labelling the OLT undemocratic rather than taking the next logical step we as a democratic province and country have been provided with. The incumbent Mayor finds it too easy to call a badly presented case and a missed opportunity an undemocratic body. .
There are many who have lost at the Ontario Human Rights to go on and win an appeal. Why do we have a Court of Appeal and Divisional Court? It is because we know that lower tier decision makers can and do get it wrong. So why would Nelson with his myriad of advisors give up at the OLT stage. The answer is simple JART and volunteers had done an excellent job and there was nothing to appeal. it was case closed.
There is a principle in law that you cannot retry a matter. I have provided the community, who everyone but Nelson Aggregate agreed would be very badly affected by such an expansion my commitment that I will roll up my sleeves and do whatever I can as Mayor and CEO of Burlington. I will not sit in my very comfortable home and claim undemocratic, must get rid of them. Especially when a sector of my community is going through this highly traumatic and anxiety producing impact on their lives with this second bash at expanding this mining operation. With such a blatant disregard for a carved in stone (no pun intended) principle and the public resources and energy that we will have to use I cannot do that.
We need the energy and resources too much to waste our time and efforts . Energy and resources we need to to get back to the vibrant community we were which seems like a life time ago. A community where families and businesses at one time thrived, rather than the desperation and concern that everyone has written on their faces, that we will never recover. I, however, am a firm believer in “Hope does not disappoint us.” I am copying this to Gord and Janet who currently know exactly where I stand.
My position is our city council has got into the habit of crying foul when things do not go their way instead of working to right the wrongs. There are no other words for their attitude other than defeatist, lazy and ungrateful for the honour and trust they were given last election day. From the conversations I am having in the community the electorate have seen the light in the darkness and are adamant they will do what they have to do to change the face of this council to one that listens and gets on with what they must do to protect the well-being of all families and businesses of our city exactly as the Municipal Act mandates.
What a load of cod’s wallop. At least originating as she does from the UK that is one thing Marsden will understand. She clearly does not understand the planning process, the workings of the OLT, and the need to listen to and more often than not take the advice of professionals (planners and lawyers)
The OLT is an undemocratic, politically appointed developer biased adjudicator of pka Ning decisions. There is no denying that. The OLT has proven that time and time again.
The name calling here by Marsden is so unbecoming and clearly shows she is not mayoral material.
To write “There are no other words for their attitude other than defeatist, lazy and ungrateful for the honour and trust they were given last election day.” is disgusting.
There are no other words to describe Candidate Marsden than rude and uncouth.
To call this council defeatist is utterly ridiculous. If it was defeatist why would it even bother to defend applications at the OLT.
One would be hard pressed to find anyone who is knowledgeable of planning matters who does not see the OLT as a venue where hopes of a positive outcome for a municipality are slim to none.
Having said that I have on this forum a number of times questioned why the City has not resorted to the courts. If the City has a good, sound planning case then the expense might be.justifiable.
It’s good to see she has taken up another of my suggestions. That being her sudden conversion to the idea of a pedestrianized downtown. Something first suggested by me in this forum and directly to Council back in 2019. Marsden being of the Christian faith I guess probably had her conversion took On The Road To Burlington (not Damascus). LOL
Marsden still has not provided her answers to the questions put to her here by myself and others.
Opaque Marsden
Agreed. City is spending too much to fight progress .
Instead of a park that would benefit everyone in Burlington, yes it was a 30 yr. plan but isn’t that one of the beefs with all councils that they don’t look to the future of our children and grandchildren. The taxpayers of Burlington are now on the hook for legal fees to fight Nelson at the OLT. What was the price tag on just one plan going through OLT 3, 4, 500 thousand dollars.
With our City expanding at such an alarming rate you would think a new park would be welcome.
Another lost opportunity for the Citizens of Burlington.
The Gazette writes “Once the park operator is in place the city no longer has a seat at the table when it come to the managing of the program and planning the activities”
Did you read that. Would you be ok with an unaccountable body controlling the park, user fees etc. My opinion is the City was right to decline the offer.
My take is Nelson Aggregate came to the belief the outcome from JART would not be favorable to it. So pulled the plug.
Anyone with actual knowledge and expertise in this area have insight ?