 By Pepper Parr
July 10, 2014
BURLINGTON, ON.
He needed a little while to reset his compass but Frank McKeown has found his bearings and will focus on what he knows best – business. He was appointed Executive Director of the BEDC Inc., the city’s arm’s length operation created to drum up business for the city. And goodness knows we need it.
The organization has been without a rudder since last October when, on All Hallows Eve, then Executive Director Kyle Benham was shown to his parking space and sent home with his keys to the office in someone else’s hands.
McKeown is one of those quiet, very effective guys, who goes about his business asking incisive questions and taking notes.
 Frank McKeown, former Chief of Staff to Mayor Rick Goldring asked about how politicians can handle complex issues, when voters tend not to be informed and don’t have the background needed to arrive at decisions. He was involved in Rick Goldring’s 2010 election campaign and wrote most of the position papers that Goldring put out. McKeown will tell you that the Mayor managed to deliver on most of those.
Shortly after being elected Goldring appointed McKeown as his Chief of Staff, which at the time seemed odd – staff consisted of 4 people. Turns out Frank was really the chief thinker on the 8th floor.
 He was heavily involved in the Strategic Plan discussions in 2011, where he was frequently referred to as the “seventh council member” at times disparagingly by others, who took part in those prolonged meetings.
McKeown’s job was a political one. He was there to think and to run interference for the Mayor. But two years into the job McKeown got despondent and came to the conclusion, he couldn’t get much done with the culture at both city hall and the eighth floor. He gave the Mayor six months’ notice and headed back to the private sector.
There was a period of time when McKeown was talked about as a possible candidate for public office – first as a council member and then as Mayor. McKeown gave it serious thought, but decided instead to take the opportunity to head up the rejuvenated economic development operation.
Much of the rejuvenation that organization is going to get will be driven by McKeown – and he has a mammoth task on his hands.
He has a brand new board that has to learn how it wants to function. That board has to figure out how it wants to operate; what it is going to take to city council to get their rubber stamp placed on – and by the way, who will the BEDC be presenting to? Which councillors will be keeping those seats warm?
There is a small staff that has been poorly led in the past, badly served by the large board that was in place and now wonders what the future holds for them.
McKeown, who fully understands the need to nurture, mentor and grow staff, has his hands full. Nothing wrong with the people on the payroll – they have all done their best. They now need to know, what it is they are going to be expected to do – and that is not yet clear. We are about to see just how good the McKeown skill set is.
McKeown now takes the position that he is no longer a “public” figure and that he doesn’t have a public profile. Nice try – the job McKeown is taking on is one of the most critical and vital to the economic health of the city and what kind of a city Burlington is going to be economically.
In the past the BEDC has not been very good at telling not only their own story, but that of the city to the rest of the world. They got pulled into the same trap as the politicians and touted our being the “best medium sized city in Canada”.
But major corporate organizations were leaving the city and there wasn’t much being said about those that were setting up shop here.
The past iteration of the BEDC focused on networking and producing report after report and telling the public that the new tomorrow was just over the horizon.
McKeown is going to need until the end of this year to get all his ducks lined up. His board has yet to learn to work together as a team and the public needs to know, who they are and why they are there.
The business community tends to get rather shy when it comes to media and public scrutiny – they prefer to issue media releases and say as little as possible.
It is not yet clear as to just how transparent the operation will be. McKeown says he will be fully transparent, but was reluctant to release the names of the new board members. They are known – but for some reason McKeown wants to wait a bit before going public. That doesn’t fit with any definition of transparency we are aware of.
The new board consists of:
Gary Graham, Chair, Partner with Gowling Lafleur Henderson LLP; Rick Goldring, Mayor, Paul Sharman, Councillor; Jack Dennison, Councillor; Ruta Staukas, VP – Human Resources Boehringer Ingelhein; Bonnie Prior Executive Director, Appraisal Institute of Canada; Randall Smallbone, Dealing Representative, Portland Investment Council; J. Michael Hanna, president, Kylin Developments; Gordon Knack, VP operations, MHPM Project Managers Inc.; D. David Conrath, president, Conrath Communications; Pat Moyle interim city manager, Burlington.
In their first public statement The Board of Directors of The Burlington Economic Development Corporation has announced that business executive Frank McKeown has been named the BEDC’s executive director.
“I want to welcome Frank to the position of executive director on behalf of the staff and the board of directors of the Burlington Economic Development Corporation,” said Gary Graham, the BEDC’s board chair. “Frank’s leadership skills match the BEDC’s needs as it takes an invigorated and proactive approach to the recruitment and retention of employers and those willing to invest in the development of employment lands.”
McKeown was chosen by the BEDC board at a June 24 meeting. The BEDC is being transformed to better align with the objectives of the city’s strategic plan, which include meeting the city’s economic prosperity goals and creating more jobs.
McKeown is an experienced business executive, who has held several executive roles, leading companies through restructuring, investment and public offering processes. He is a former chief of staff for Burlington Mayor Rick Goldring.
McKeown is the founder of KnowledgePark Technologies, a business mentor with HalTechRIC, an advisor to CONNEXXUS, and a mentor to Innovate Burlington.
“I am thankful to the board of directors for giving me this opportunity,” McKeown said. “I am committed to the economic development of the city and recognize how important these activities are for the long-term prosperity for residents.”
“Jobs and investment are critical to our future,” McKeown said. “Our economy is changing and we must meet these challenges. I look forward to working with the BEDC staff and Board to achieve our mandate together.”
BEDC is a non-profit, private-public partnership that promotes economic development on behalf of the City of Burlington, by creating a positive business environment that encourages new investment, supports Burlington’s local businesses, and facilitates opportunities for local growth and prosperity. BEDC is the first point of contact for companies seeking assistance, advice, and localized business solutions.
This is the same old baffle-gab that the corporate sector uses, mushy stuff that makes your mother proud, but doesn’t really say very much.
Let’s give them some breathing room and see where they are in a month or so.
 By Pepper Parr
July 9, 2014
BURLINGTON, ON.
The pages, with signatures from more than 3000 Burlingtonians, who signed the Book of Best Wishes, celebrating the first birthday of HRH Prince George Alexander Louis were sent to the book binder in Georgetown.
With everything prepared beforehand the pages were sewn together and the case that holds the pages was completed and couriered to Rideau Hall in Ottawa.
 Everything that goes to Rideau Hall gets x-rayed before anyone opens anything. That kept the Book of Best Wishes out of the hands of the people who will arrange to get it to Prince George for his birthday, which will be celebrated at Kensington Palace in London, England on July 22nd
 A splendid volume with a fine message and the best wishes of thousands of Burlingtonians inside. We don’t know yet just how the Duke and Duchess of Cambridge are going to handle the Book of Best Wishes, when it arrives. We believe Burlington is the only city in Canada that has prepared such a volume.
It was touch and go for the small committee that made this happen and there was some thought to skipping the first year – but we decided that if this was going to be a Burlington tradition, then we had to be there for the first year and every year thereafter.
 Classic binding is an ancient craft – there are few that do this kind of work in Canada. The firm we used, repairs old books as well as binding titles in leather for presentation purposes. They do the binding for the Giller Awards each year.
Keith Felton, the Master Binder who undertook our project, advised on the leather and the approach to the binding. His Georgetown shop is filled with equipment that has been used by the binding trade for centuries.
 Some of the calligraphy used to convey birthday greetings to a Prince. Cora Brittan did the calligraphy for the Book of Best Wishes. She chose the type style she wanted to use and added 22 karate gold decorations to many of the letters. Cora has done work for a number of different denominational Bishops.
She takes on a number of commissions each year and teaches calligraphy as well. Cora and her husband Eric are established, respected artists who hold an annual show in the Beach Blvd community in Hamilton. They have sold at the Art Gallery of Burlington at their annual auction.
By Staff
July 8, 2014
BURLINGTON, ON.
If you want to get it done you go to the guy everyone calls. The fellow that is busy, busy but who somehow always finds the time – and manages to keep his life sane at the same time. Guys like that have a sense of humour and they not only think outside the box – they live outside the box.
 At its annual general meeting, the Burlington Community Foundation (BCF) confirmed the appointment of Ron Foxcroft, Owner of Fox40 International Inc. and Owner of Fluke Transportation since 1982, and Haydn Northey, Vice President, Operations and Chief Privacy Officer, Pioneer Energy, to the board of directors.
2014 is a milestone year for BCF as it celebrates 15 years of strengthening Burlington. Chair Tim Dobbie said he was “ very pleased to welcome Ron to Burlington Community Foundation’s board during our anniversary year.”
Best known for inventing the internationally celebrated Fox 40 whistle – which is officially sanctioned by the NFL, CFL, NCAA and the NBA – Ron was a professional basketball official for three decades. Off the court, he’s also a legend among community supporters – recognized as the 1997 Hamilton Citizen of the Year, 2011 Burlington Entrepreneur of the Year and holds an Honorary Doctor of Law from McMaster University.
The BCF celebrates 15 years of service to Burlington and currently manages more than $8.4 million in assets. Since inception the BCF has provided over $2.7 million in grants to the community – that’s a lot of potential for good for every corner of our community. BCF responds to many of our city’s hidden needs and I’m proud to help advance BCF’s mission to strengthen Burlington, today and for the future.”
  Also joining the board is Haydn Northey, a 28-year veteran of the retail petroleum industry. Currently Vice President of Operations and Chief Privacy Officer at Pioneer Energy, Haydn held leadership roles with Texaco Canada, Imperial Oil and Suncor Energy (Sunoco). An avid hockey and lacrosse coach, Haydn shares, “I’m delighted to join BCF’s board of directors and help connect funds to vital needs across our great city. Each and every Burlington Community Foundation grant truly makes a difference to people’s lives.”
Established in 1999 as a centre for philanthropy, 2014 marks a celebration of Burlington Community Foundation’s 15 years of service to Burlington residents. BCF collaborates with donors to build endowments, address vital community needs and support areas of personal philanthropic interest. To learn more visit the BCF website.
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 By Pepper Parr
July 5, 2104
BURLINGTON, ON.
It was Council showing leadership and venturing into policy that it has not always been comfortable with.
We are hearing the phrase “big city amenities with a small town feel” which plays well into the mindset of most of the Burlington population.
The legal issues surrounding the air park are certainly big city – we don’t find ourselves in front of the Ontario Court of Appeal all that often.
 The property in this photograph has been raised about seven feet – other parts of the air park property have been raised more than 30 feet – all without site plan approval. Last week council found itself being asked to support a Resolution that would have Burlington asking the province to get on with legislation that apparently has all party approval – it died on the Order paper when the election was called.
Should the province enact the legislation – it won’t mean a pinch of difference for the people who face legal claims by the air park and for the average resident who wants to ensure that the school their child will attend has the programs they need and that there will be room on the soccer team as well – the legislation is about as remote as the creation of a Caliphate in the Middle East. Less than 1% of Burlington’s population even knows what a Caliphate is.
But it is nevertheless important and it was time for Burlington to get behind the legislation.
The resolution debated at council last Monday was for the city to urge to province to pass legislation that would prevent SLAPP suits. A SLAPP suit is: “A meritless legal action brought to intimidate opponents, deplete their resources, reduce their ability to participate in public affairs, and deter others from participating in discussion on matters of public interest.”
Burlington had an opportunity to pass such a resolution in the 2008-2009 fiscal year – it chose not to do so.
The SLAPP legislation is a good thing; a very good thing. Ward 6 candidate Vanessa Warren delegated on the issue and gave one of the most stirring delegations I have heard in some time.
It is important enough for the Gazette to publish it in full. Stuff like this matters and Burlington is fortunate to have people like Warren who will fight the good fight.
That it might cost the city a bit of money to support this resolution – we’ve spent much more money for less worthy matters.
Here is what Vanessa Warren had to say:
 Vanessa Warren, one of the three libel suit defendants and perhaps the best delegater this city has seen at a city council meeting, is a candidate for the ward 6 seat – home of the air park. Citizen Advocates have played critical roles in environmental and social protection throughout the post-Kovachik history at the Airpark, and indeed all over our City. In 2008, local residents rallied to stop Vince Rossi’s proposal for an 8000 car auto-auction lot, and then regrouped to stop a 65 m high cell phone tower to be located next to their residences on Appleby Line.
You all know the very recent history at the Airpark, and I think you are also aware of the enormous amount of citizen advocacy that has contributed tireless hours to trying to bring appropriate oversight to the Airpark.
After Justice Murray’s ruling in October 2013 that the Airpark comply with environmental enforcements by the City and Province, there was no cooperation. The seemingly thin legal arguments that were the foundation of the Airpark’s appeal this month didn’t even get the Ontario Court of Appeal judges through to lunch.
That should have been the end of the story, but still, no compliance. Currently, for example, the Region of Halton has hired a consulting firm to investigate the repeated wash outs occurring after rain events on Appleby line, and they are having difficulty getting permission to access Airpark property to complete their review.
However, there is one set of laws that the Airpark does think are valid, and those are Ontario’s onerous libel laws.
 Vince Rossi, president of the Burlington Air Park Inc., and believed to be the sole shareholder of the private company, has sued three Burlington residents who spoke out against the development, which he did without the site plan approval the city said was needed. Rossi has since indicated he will seek site plan approval. On April 16th of this year, the Hamilton Spectator published an opinion piece by Vince Rossi, owner of the Airpark. It seemed almost delusional in its attempt to re brand and spin the grim history he had presided over, and was so misleading and insulting that it stuck in the craw of the community that had been under siege for the previous 5 years.
I published a response the following day on my own blog that addressed the information I believed to be specious, point by point. I felt then, as I do know, that the Airpark could not be allowed to advance a glib “business as usual” promotional policy with the wake of so much damage still rocking our Protected Countryside.
I have never lied, I have merely stood witness and tried to not allow a developer to operate in the absence of scrutiny, and as reward, I get to be a defendant in a lawsuit.
 Monte Dennis, one of the three libel suit defendants. David Donnelly of Donnelly Law, and Brian MacLeod Rogers, a leading libel lawyer and member of the Attorney General’s Anti-SLAPP Advisory Panel, are representing myself, Monte Dennis and the RBGC in this case, and they characterize this claim for libel as a SLAPP suit (Strategic Litigation Against Public Participation). SLAPP suits are meritless legal actions brought to intimidate opponents, deplete their resources, reduce their ability to participate in public affairs, and deter others from participating in discussion on matters of public interest.
Ask yourself how many times you’ve seen advocacy bring about great change in Burlington – or prevent deleterious change. Ask yourself what Burlington looks like if SLAPP suits become a useful tool for developers to silence counterarguments. How could we hope to maintain our green space and our Rural North against development in that reality? How do we maintain our quality of life if we are not allowed to speak to it?
Ask yourself what you would do if a developer was trying to silence all-candidate dialogue on a project by gagging one candidate with a meritless suit?
How damaged does dialogue in the public realm become when discussion on critical issues is muzzled because it is ‘before the courts’?
This amounts to corporate censorship.
I am now faced with the real emotional and financial stress of a $100,000.00 claim. We will, of course, be vigorously defending the lawsuit, and I’m confident that we’ll ultimately be successful, but in the meantime my resources will be taken away from the public and political work that I should be focusing on – which is just what a SLAPP suit is intended to do.
 It is site changes like this – made without site plan approval, that upset rural Burlington residents who then found themselves facing libel claims for speaking out. It took some discussion for the city to decide to support legislation that would prevent such libel claims. The city hasn’t decided if it wants to ask for standing as a friend of the court when there is a trial – some ask – if there is a trial? This is a deeply destructive force, and it must not be allowed to silence other citizens. Quebec and 28 US States have passed anti-SLAPP legislation to protect their journalists and citizen advocates.
Anti-SLAPP legislation provides speedy redress for civil claims against people engaging in legitimate speech and public participation, as is certainly the case here.
Please unanimously support this resolution tonight so that we can send a clear message to the Province on the need for anti-SLAPP legislation. I would also ask that, as our 7 Regional representatives, you champion this type of resolution at the next possible Regional Council.
In addition to this resolution, I would ask that the City intervene in this lawsuit as Amicus Curiae or Friend of the Court. You, the City, are in a unique position to speak to the context of this case, having been engaged with the Airpark over the past 18 months. This does not require you become a party to the case, but it would help to frame the defense of fair public comment and it would send exactly the right message to your advocacy community, perhaps thawing the ‘libel chill’ that threatens public dialogue and engagement.
Just like in the Airpark dispute, I believe right and wrong are very clear here, and by passing this resolution, and becoming a friend of the court, you can take a strong position on this case, but more importantly, you can publicly acknowledge the role that our City’s great advocacy community plays in our mutual well-being.
 Pat Moyle, interim city manager put the rationale for passing a resolution that supported SLAPP legislation being passed by the province. At one point, in the discussion that followed the delegations, it looked as if there was going to be a little difficulty getting the resolution approved. But after interim city manager Pat Moyle spoke on two occasions, council began to come to the conclusion that this was a good thing to do. And it was – and it was passed unanimously on a recorded vote. There were a couple of Council members who may have had to hold their noses when they stood – but there was no way they were going to be on the wrong side of a Motherhood issue.
During the debate Monte Dennis, one of the defendants said there was fear in the minds of many in the community. Councillor Craven said that in his 14 years as a member of Council he had never heard of any intimidation in the community. The people in the Beachway would beg to differ on that score.
Warren has asked the city to consider participating in the libel court case when it takes place as an Amicus Curiae or Friend of the Court, which was another very good idea, but Councillor Dennison wasn’t comfortable with that idea. He wanted to hear what the city’s solicitor had to say – and that indeed would be interesting to hear. There are arguments for and against seeking standing in a court case as a “friend of the court”.
It would be very interesting to hear what solicitor Nancy Shea Nicol would have to say – it would give the public a sense as to the kind of legal mind she has; something that is not always clear, when she makes presentations – far too many of which get heard in closed sessions.
 By Pepper Parr
June 29, 2104
BURLINGTON, ON.
Not a lot being heard about what is happening at the Air Park these days. Other than the damage done to Appleby Line during the May rain storms where parts of the shoulder of the road were washed away there hasn’t been much news.
The Region went after the air park and wanted to know what was being done to manage the flow of water from a site that had been altered without site plan approval from the city. There are reasons for the city asking that a site plan be submitted when the contours and elevations of a property are changed.
 This is the drawing on the air park web site for a heli pad. They report that they are just waiting for potential tenants to sign on the dotted line. When the air park lost their appeal of the decision from a lower court their legal team had to review their options; one of which is to seek leave to appeal the appeal court decision to the Supreme Court. There is some scuttlebutt out there suggesting that Peter E. J. Wells and his colleague Glenn Grenier are no longer “on the case”.
 Glenn Grenier, second from the left, gets an earful from former city manager Jeff Fielding while city solicitor Nancy Shea Nicol and Blake Hurley look on. So now what?
Well if you go to the air park web site Vince Rossi has a notice of his plans for developing a heliport. The following appears on the air park web site:
If you’ve been out to the airport recently, you will notice work starting on the southwest portion of the filed. This area is predetermined as a dedicated heliport area and we’re excited about getting things going on that portion of the field.
Since we started advertising the plans for that phase 2 area, we have been fielding calls from interested tenants, and we are sure that there will be a few helicopters located there soon.
As things develop there, and we actually do secure some tenants we will do our best to keep all informed about traffic and the mix of fixed wing and rotary aircraft.
That is interesting news. The city has pulled together its legal team and is working through their options once the deadline for a Supreme Court appeal has passed.
Given what the city has invested in this file – it is reasonable to expect they will stay the course and do what should have been done five years ago when Rossi was peddling the “we are federally regulated” line that held water for a number of years at both the Regional and city level.
What should give the people of rural Burlington considerable comfort is that General manager Scott Stewart is on this file. Stewart is a bit of a bull dog, he earned his stripes in Hamilton where he was part of that city’s administration. He tends not to take prisoners. H e threw his hat in the ring when the city had to go looking for a new city manager after parting ways with former city manager Roman Martiuk. Scott wasn’t selected – council instead chose to hire Jeff Fielding and while Fielding certainly put a higher level of oxygen in the air at city hall he tended to be a 30,000 foot thinker and relied heavily on Scott Stewart to execute the big picture.
The two worked very well together. With Fielding in Calgary and Pat Moyle serving as interim city manager even more of the decision making falls on Stewart’s shoulders. Moyle will certainly understand the bigger picture and brings his six years as CAO at the Region to the table – but it is Stewart who knows where all the bones are buried.
Expect him to be very smart and very firm. The city probably still has Ian Blue on some form of retainer able to give sound advice.
It is going to be a different game once it is clear the case will not be going to the Supreme Court.
What can the public expect? Is Rossi going to be able to build a heliport that is less than 25 yards away from the driveway of a private residence?
 Is there some additional land assembly that should be done here? Where do the sound by laws come into play here? When Michael Lee Chin flies into his property on Kerns Road with his private helicopter city hall hears about it real quick if the noise is too loud and the necessary accommodations are worked it. The people of Appleby Line deserve the same treatment the good folks over at Tyendaga get.
Our sense is that Michael Lee Chin has a lot more clout than Vince Rossi and if Lee Chin can respect the rights of other, Vince Rossi can learn to do the same thing.
The Sheldon house was built in 1850 on what was then a 200 acres farm. At some point the land was severed into a nice rural lot and the house with a fed pond. The rest is now part of the air park.
The Sheldon house has been there much longer than the air park. If the air park wants to develop their property let them do what every other developer has to do – buy out those properties that are needed for expansion or to be able to comply with regional and municipal planning.
Rossi seems to have decided that he will harass and do work on his property that limits the ability of a property owner to enjoy the rights everyone else in Burlington has with the way they are able to enjoy peace and quiet.
The Rossi development has devalued the property at the edges of the air park. Rossi is doing what slum landlords do – damage the value of property to lower its price and then go in and buy it as a fire sale price.
There are three property owners on Appleby Line who need to be done right by. Let’s see how city hall fights for the rights of these property owners and what it does to ensure that air park development works for the city and not just a developer who has difficulty with the city’s bylaws.
 By Pepper Parr
June 30, 2014
BURLINGTON, ON.
The Rural Burlington Greenbelt Coalition (RBGC) has created a web site to raise funds for what they are calling the Burlington Airpark SLAPP Suit Defense Fund.
A SLAPP Suit (Strategic Litigation Against Public Participation) is a merit-less legal action brought to intimidate opponents, deplete their resources, reduce their ability to participate in public affairs, and deter others from participating in discussion on matters of public interest.
We, the Burlington Gazette and me, Pepper Parr seem to be a part of it – but until a colleague told us about this fund raising web site – we knew nothing about it other than there were plans to put up a web site to solicit funds to help with the legal costs to defend ourselves against the law suit that has been filed against us by the Burlington Executive Air Park Inc.
Support is certainly going to be needed but this is not the way to get it.
First, the web site focuses on what it calls a SLAPP suit, unfortunately in law there is no such thing at this point in time. There should be such a thing but in a court of law what should be and what is – are two very, very different things. Judges go on evidence and precedent.
There is no SLAPP suit; there are no such things as SLAPP suits. The legal counsel representing Vanessa Warren and Monte Dennis have a vested interests in promoting legislation that would prevent SLAPP suits – and good on them. What they are advocating is necessary; should have been done years ago.
David Donnelly of Donnelly Environmental Law, and Brian MacLeod Rogers, a leading libel lawyer and member of the Attorney General’s Anti-SLAPP Advisory Panel have been advocating for SLAPP legislation for some time. Both will become specialists in this niche market and do some good work. We assume some of the funds donated will go to Donnelly and Rogers.
Rogers represents both Warren and Dennis. Parr and the Gazette have different legal counsel and a different legal strategy. The word SLAPP will never leave our lips in our defence arguemts.
What the Gazette, Parr, Warren and Monte are facing is a libel suit where the plaintiff is seeking $100,000 in exemplary damages from the three of us. It’s a significant case and only fools try to pretend the case is something other than what it is.
At some point there may be anti SLAPP legislation. But we do not have that now. What we do have now is a court case – and some financial support fighting that case would be welcome. But from the Gazette’s point of view, not under the terms and conditions the Rural Burlington Greenbelt Coalition is asking for donations.
The RBGC does not say what will be done with the funds; they do not say how any funds received will be distributed; they do not say they will be accountable to the donors and report on exactly where every nickel goes.
It is just a request for financial support – and I guess they are saying trust us. Neither the Gazette nor Pepper Parr will be accepting any funds you may choose to donate until there are solid rules in place for the accounting of funds.
It looks as if the funds are going to the RBGC – but that isn’t clear. Were it not for the fact that I know these people personally I would look upon this as one of the dozens of internet scams that show up in my email box every day.
I expect the highest possible level of transparency and accountability from the people mounting this fund raising campaign. The web site they have up right now is the equivalent of what a couple of high school students might do because they didn’t know any better.
RBGC should know better – the candidate for public office should know better; if this is the way Vanessa Warren is going to conduct herself as a member of city council – she will be worse than the incumbent. The city Clerk has a form available for those who feel they want to withdraw from the election.
The fund raising web site does an excellent job of setting out the problem and what the issues are about – they just lost their focus and are talking about something that doesn’t exist – yet.
The Rural Burlington Greenbelt Coalition fund raising web site .
 By Pepper Parr
June 29th
BURLINGTON, ON
There will be tens of thousands of people strolling along the promenade of Spencer Smith Park on Canada Day as we celebrate our 147 year of existence as a country.
And what a marvelous country we have. We are a wealthy country and we are a free country able to elect who we want to represent us and lead us. Two home grown examples are the seven candidates running in ward 6 and the decision of the voters in Burlington to end more than 70 years of Progressive Conservative rule – with a shot being fired from something as small as a pea shooter.
Contrast that to the hundreds, make that thousands, who are being killed, to day, now, in far off countries. There are a reported five million people in refugee camps in the Middle East because they cannot go home – there homes were destroyed or they face death if they do return.
 Spine of the classically bound book of Best Wishes for Prince George. Tuesday is expected to be a sunny day – so when you stroll along the edge of Lake Ontario – revel in how fortunate we are and realize that the freedom you have was earned by men and woman who paid the ultimate price.
Canada is a constitutional monarchy. This means that the powers of the monarchy in Canada are limited by the Constitution. The Constitution is a set of basic principles, laws and rules that explain the powers and duties of the government and the rights and freedoms of the citizens. Our formal head of state is a monarch. Our monarch is now Elizabeth II, who is also the Queen of the United Kingdom.
 Seven foot banner that will be on the Spencer Smith Park promenade on Canada. It will be hard to miss. A group of Burlington citizens came up with the idea of creating a Book of Best Wishes that would be available for everyone to sign and convey their Best Wishes to the Prince on his birthday.
Thousands of citizens have already signed and provided a greeting. Monday evening, members of Council will sign the Book of Best Wishes. City staff will have an opportunity to sign the Book which will be at city hall during the day on Monday the 30th.
 Commemorative bookmark for those who sign the Book of Best Wishes.
On Canada Day the Book of Best Wishes will be set up in a booth on the waterfront where anyone passing by can sign. You won’t be able to miss the seven foot high banner. Everyone who signs the Book of Best Wishes will be given a commemorative bookmark.
When the pages have been bound the book will be taken by Burlington MP Mike Wallace to Rideau Hall, the home of the Governor General who will have it transported to Kensington Palace, where the Prince currently lives with his parents the Duke and Duchess of Cambridge.
 Cover of the leather bound 14 x 11 inch Book of Best Wishes that will be delivered to the Prince on his first birthday. The group that started this initiative will be organized as a trust – the Burlington Royal Reading Trust, that will exist until the day the Prince dies. Given the length of time his Great Great Grandmother lived Burlingtonians can expect to be signing a Book of Best Wished well into the next century. Queen Elizabeth, the wife of King George VI, known as the Queen Mother in her later years visited Canada many times. Canadians, can expect the Duke and Duchess of Cambridge to visit Canada frequently. When do you think the Prince and his parents will come to Burlington?
 By Staff
June 28, 2014
BURLINGTON, ON.
Burlington’s Art in Action Studio Tour decided a number of years ago to create a scholarship for an art student in the Region and this year awarded the $1500 award to Sarah Tom, a Robert Bateman High School student who will be attending Sheridan College in September for Visual & Creative Studies.
Along with the scholarship is free admission as a participant in the Art in Action tour the first weekend of November
 Darlene Throop, on the right, presents Bateman High School students Sarah Tom with the 2014 Art in Action $1500. scholarship. The award was presented to Ms Tom at the Robert Bateman Commencement, June 26th where Darlene Throop ( Art in Action Scholarship Chair) handed out this year’s Scholarship.
There were seven talented applicants from four schools; two from the public sector and two from the separate sector – all pursuing an arts focused future.
 Sarah Tom uses an interesting approach to normal portrait work – reflects a generation that is more digital than their predecessors. The public is invited to take part in the fall at the Pre Tour Show on October 19th, at Teresa Seaton’s Studio & Gallery, 654 Spring Gardens Road.
Assante Wealth Management, TD Canada Trust, ICCC/Rustol, Just Cremations & Burial, Keith Strong, Sheri Sutherland, Royal LePage, Ardent Motor, Smiths Funeral Home, Rob McKichan at Royal LePAge, The Healing Path, Dr. Beth Nixon, Coulter Building Consultants Ltd, Corby Custom Framing and Burlington Toyota Scion were financial supporters of both he tour and the scholarship program.
 By Pepper Parr
June 26, 2014
BURLINGTON, ON.
Henry Schilthuis got his turn to tell the public what the Brant Street Pier settlement was all about. His picture was a little different than that of the Mayor and interim city manager Pat Moyle, who was acting as a spokesperson for the city.
“Quite frankly” said Schilthuis, in a prepared statement “ we believe this process could have and should have been avoided. We did what we had to do to protect our company, and feel vindicated in all we have done to achieve the settlement. We wish the people of Burlington much enjoyment of their waterfront.”
 Henry Schilthuis works from a nondescript office in Ancaster continuing the hard work, honest delivery approach of the 60 year old family firm. There were numerous occasions, when the dispute could have been settled. Former Mayor Jackson never liked the pier – it was a former Mayor Rob MacIsaac initiative, and anything that had MacIsaac’s finger prints on it, was not something Jackson could digest. He advised newly installed Mayor Goldring to tear the thing down in 2010
The settlement is complex, but it doesn’t take a rocket scientist to figure out who the winner was in all this.
The city sued HSS for $10 million – they didn’t see a dime of that money – despite the Mayor assuring the public on several occasions that the city was going to get back every penny. There were a number of council members, who were adamant throughout the past three years, that the city had a strong case and would prevail.
Councillors Craven, Taylor and Dennison who were at the table, when the pier idea was first proposed, didn’t say all that much in public during the 2011 and 2012 council meetings. There were a number, far too many, closed sessions during which council and its legal advisers had long conversations behind closed doors.
 It was a much more professional team on the city side, when the second attempt to build the pier started. Nothing was left to chance and the hard questions were asked every step of the way. Here city manager Scott Stewart and Craig Stevens meet with the steel beam fabricators to ensure that the job gets done right. When the Post made a Freedom of Information request the city objected, but quickly saw the stupidity behind that move and relented – letting the public know, that they had spent $1.3 million on legal fees to date.
The city recovered $1.5 million and is going to be allowed to keep $500,000 in hold back funds it has. This is all the city will see from the three law suits it filed. They sought $10 million from AECOM their project managers; they sought $10 million from HSS and they sought $3.5 million from Zurich Insurance, the HSS bonding company.
The pool of funds set up to make payments, appears to have gone to just the city and HSS. The total amount the city will see is $2 million, while HSS will see $2.4 million, which is made up of the $1.75 million cash payment and a total of $650,000 that will be paid to HSS by other parties.
Besides the $1.75 million it will be paid, HSS will be given an additional $650,000 – for a total net benefit of $2.4 million for HSS.
“I am proud” said Schilthuis, “ of this entrepreneurial and family owned company. Our concerns about the challenges facing the pier guided us in our actions. We maintained our position with dignity and grace – simply because it was the right thing to do. The result of this settlement is proof of this.”
“I want to thank all of our staff and our community. You stuck with us the entire time despite the stress and burden of this onerous ordeal. We have remained true to our values as a 60 year old company and that makes it all worth it.”
A proud man who stuck to his principles and did what he believed to be right and feels the settlement supports his decision to walk off a project, that could not be built with the plans he was given.
The current city council might look to the way Schilthuis handled himself, throughout what he called a “long and arduous ordeal”. City staff had no problem working with Henry Schilthuis – it was the politicians that made a mess of this one. Hopefully council members will reflect on how this worked out and be honest with themselves – this was not their finest hour.
 The pier in December 2011 stripped of all the steel Schilthuis installed – with nothing but the caissons in place. The trestle to the right of the pier was used for construction equipment to lay down the new beams. During the summer when people talk about how they want to vote come October – they might be persistent and consistent in asking the incumbents, what went wrong.
The $6 million plus that was spent would have done a lot for our transit system and road maintenance work, that we are so far behind on. Hold their feet to the flames.
By Staff
June 24, 2014
BURLINGTON, ON.
During the past ten days the citizens of Burlington have been signing a very unique birthday card for the newest member of the Royal family: George Alexander Louis was born July 22, 2013.
An article in the Gazette shortly after his birth, set out a list of age appropriate books for the young Prince to play with as he grows up to become the monarch of Canada at some point.
 Cover of the Book of Nest Wishes: Gold embossed type on a rich wine coloured leather produced by a master bookbinder. Out of that article grew an initiative to send the Prince a Book of Best Wishes every year of his life. The Book was to be a handsome, craft bound leather book measuring 14 inches wide by 10 inches deep with pages for anyone who wanted to send a Best Wishes.
The Book will be presented to Council at the end of the month, where Council members, and anyone in the audience, can sign the book which will then get turned over to Burlington’s member of Parliament, Mike Wallace, who will take the Book of Best Wishes to Rideau Hall , home of the Governor General. The Governor General will have the book transported to Kensington Palace where the Prince lives with his mother and father; the Duke and Duchess of Cambridge.
Getting the initiative off the ground has been a task. The originator of the idea found that he had to have a hip replaced just as the hard field work had to be done.
Joe Veitch, a recipient of the Rotary Paul Harris award, took on the task of pulling together a group of volunteers who would man the tables at the Seniors’ Centre, Tansley Woods and the public library.
Selina Jane McCall did much of the early design work and selected the type face for the project name” Royal Reading.
Susan Fraser, a nominee for one of the city’s BEST awards in 2012, took on the task of liaising with the Hayden Recreation Centre people, where she enticed people at the Centre, students at Hayden High and at the Alton library to sign the book.
Each person who signs the Book of Best Wishes is given a book mark – with a picture of the prince and wording to signify that they have signed. Expect some of those early book marks to show up on eBay someday – they will take on the value of hockey trading cards. There are those who will collect these book marks, which we will issue each year. Copies will be left with the Historical Society.
The name Royal Reading was used to signify a second part of the initiative which was to have the citizens of Burlington involved in the raising of the Prince as a Canadian.
Each year we celebrate his birthday, a few age appropriate books would be sent, not as a gift, but as a part of the process that gives the Prince a sense as to what Canada is all about.
At some point the Prince will get to read Dennis Lee’s Alligator Pie and Roch Carrier’s The Hockey Sweater. He will be introduced to the work of W.O. Mitchell and Farley Mowat as well as Mordecai Richler and Gabrielle Roy.
 The bookmark that people will take away once they have signed the Book of Best Wishes from the citizens of Burlington to the Prince on his first birthday. Three copies of each book will be purchased with one being sent to whichever Palace the Prince is living in, a second copy that will go into general circulation at the Burlington Public Library with an inscription inside explaining that the title was also sent to the Prince.
A third copy will get placed in a space at the Library that will be known as the Prince’s Bookshelf.
Given the way Royalty travels throughout the Commonwealth and indeed around the world, he will most certainly visit Canada. Our hope, and one of the things we will work towards, is bringing the Prince to Burlington where he just might choose to read from one of his books to a circle of children at the library or perhaps in a public setting at the Performing Arts Centre.
Wouldn’t that be something?
The Book of Best Wishes will be available at city hall on Friday June 3oth and in a booth in Spencer Smith Park on Canada Day. Do drop by and join the thousands that will be taking part in the making of some history.
By Staff
June 24, 2014
BURLINGTON, ON.
Great day in Burlington history.
  After learning that the citizens of the city have paid for their pier twice, the good folks who remit their taxes on time, can take some pleasure in knowing that the Freeman Station is now sitting on its foundation and within day the construction crews will begin their work on the innards of the building.
 During the process of lowering the station onto the foundation, a 2014 Loonie was placed on top of the sill plate prior to the station being lowered.
James Smith, a candidate for the ward 5 council seat said “for some reason 2014 Loonies are hard to come by, but we did get one, and the people who move the station next can reclaim it.”
 That can happen when the railway station gets moved to its rightful location on the Beachway, where the railway track bed is now used as a walking path.
By Staff
June 24, 2014
BURLINGTON, ON.
The shovels will not be going into the ground this year but the people who are building the Delta Hotel portion of the Bridgewater project have announced that the digging will start in 2015
 Delta Hotel releases rendering of what they expect their eight storey hotel to look like. Shovels are expected to go into the ground in 2015 That won’t be in time for the Pan Am Games which was the expectation when the three structure project that is to be built on the Lakeshore Road east of Brant Street and next to the Waterfront Hotel when the project finally came back to life after years of inaction.
 Known as the Bridgewater project, it has been a gleam in the city’s eye since 1985 – it finally got some traction. Hotel portion expect to begin construction in 2015. The hotel expects to open their doors to the public in 2018 with 152 rooms and 8000 square feet of meeting and conference space.
Hotel management is currently in discussion with several high end concept restaurants for the Burlington location.
MADY Developments is in process of constructing the sales and presentation centre that will be used to market the condominiums in the 22 storey structure on the east side of the property and the seven story condominium that will sit to the south of the Delta Hotel on the west side.
By Pepper Parr
June 24, 2014
BURLINGTON, ON.
The full story on the Brant Street Pier settlement is going to come out in bits and pieces. Yesterday the city of Burlington got its story out. The announced that they were awarded $1.5 million from a pool of funds and got to keep an additional $500,000 they had on hand as a hold back from a company; they weren’t prepared to say who the hold-back belonged to.
 It was a unique design, it was going to put the city on the map – all it did was keep everyone in a room with their lawyers. With those numbers on the table, the city declared victory and said it was time to move on. “The city has $500 million in capital projects going on and from time to time some of those projects don’t work out” said the Mayor. The pier was one of those projects that didn’t work out and the public is apparently going to be expected to suck it up and accept the fact that the pier has cost twice the original price.
Later this week Harm Schilthuis and Sons Ltd., (HSS) will tell its side of the story in a press release.
The Gazette can tell you now that HSS will be given $1.75 million cash from the pool of funds that was created plus an additional $650,000 which will be funds other parties have to pay them.
In an early version of this article there was a typo showing the amount as $65,000. The correct amount is $650,000
This settlement is not yet final; two of the nine parties had to get approval from their boards. While these two parties were not named – it seems pretty clear that they are the ones who have had to contribute the bulks of the funds to the pool.
That pool will pay out $1.5 million to the city of Burlington and $1.75 million to HSS which brings the pool total to $3.25 million – so far
Henry Schilthuis, president of HSS said he is “satisfied with the settlements. The city of Burlington sued HSS and AECOM for a total of $10 million each and sued Zurich Insurance for $3.5 million – they didn’t get any of that money – all they got was a sum to cover their legal fees.” Schilthuis never felt the city had a case – but it took more than four years of grinding legal work to make that point.
There was a point at which Schilthuis wasn’t sure he could keep the company alive. Tens of thousands was owed to his sub contractors but they stood by the firm and agreed to wait. The wait has proven worthwhile
It is a real stretch for the city to claim that it “won”. One has to wonder just how gullible this council thinks its voters are.
HSS was given more than enough to cover their legal fees and the additional engineering costs that were incurred when they tried to come up with a solution to the engineering problems.
The amounts they will get allows them to pay the sub-contractors who stood by the company while the city was hammering HSS financially.
During the city’s media briefing on Monday, much was made of the “shuttle diplomacy” that former city manager Jeff Fielding used to try and broker a deal.
Before the examinations for discovery took place Fielding got approval from the Mayor to broker a deal said Schilthuis and “we arrived at a figure we could live with” said Schilthuis. But when fielding took it back to Council – council turned it down.
Fielding made another attempt at brokering a deal – but HSS didn’t like the look of the numbers the second time around. They had a better picture as to who did what when as a result of the examinations for discovery and took a pass on the offering Fielding made.
The final settlement documents will get prepared and signed, cheques will get sent out and bills paid and everyone will move on.
At some point the city and Schilthuis will have to figure out what they want to do with the steel, beams that were taken out of the pier, that is now sitting in the HSS work yard in Ancaster. Schilthuis sold the property and is moving to a new location in Caledonia and the steel will have to be removed
By Pepper Parr
June 23, 2014
BURLINGTON, ON.
In the world of politics what matters most is the spin that can be put on news that is not all that good. And in the world of politics there is a lot of news that is not that good.
 Steel beams are swung into place during the second round of pier construction. The city of Burlington held a media briefing this morning in which they announced that they had settled their disputes with the people they were suing over the delays in the construction of the Brant Street Pier. They made it sound like a victory.
Interim city manager Pat Moyle explained that a pool of funds had been created and that the city was given $1.5 million from that pool of funds to cover their legal costs.
The mediated settlement, which has yet to be ratified, also said the city did not have to return $500,000 in a holdback they had on hand.
What the public has yet to learn is:
Who put money into the pool of funds? The city said they didn’t put in any money.
Who were they holding back money from? The city wouldn’t say.
All we got was an explanation as to what the city got – not a word about what they didn’t get which was the several million they had sued HSS for when they walked off the job when the determined the pier could not be built with the plans they were given.
After issuing the writs the city was given an alternative proposal from Zurich Insurance to complete the building of the pier for an increased amount. The exact amount the insurance company wanted to complete the job was never very clear.
The idea of creating a pool of funds into which different companies would contribute and then see them distributed to the damaged parties is both creative and unique. Of interest to the citizens of Burlington who have had to pay more than $6 million to Graham Infrastructure to strip away steel and put in new steel and pour new cents to complete the deck of the pier which opened officially just over a year ago.
The city is positioning this as a win – and to some degree it is. They could have gotten whacked by the original contractor for the losses he experienced.
What the public does not know yet is who had to put money into the pool of funds and how much did the different parties put in.
And then – who was that money distributed to?
Let’s look at the parties to the dispute: There were nine of them.
Harm Schilthuis and Sons Limited sued the City of Burlington
City of Burlington sued Zurich Insurance Company (Bonding Company for HSS)
City of Burlington who sued HSS, EFCO, Aecom, Lombard, PV &V, Craneway (Insurance Claim)
City of Burlington sued Aecom
HSS sued Lombard, PV &V, City, Craneway (Insurance Claim)
Out of this crowd who is likely to have gotten money from the pool of funds that was created? We know that the city got $1.5 million to cover their legal costs.
While there has not been a public statement sources indicate that Harm Schilthuis and Sons Limited did not contribute to the pool of funds and an unauthorized spokesperson said “Henry was happy” Henry Schilthuis is the president of HSS.
 Re bar in place ready for the concrete pour around the node that is now the observation platform. City skyline in the background That leaves a bunch of insurance companies and AECOM.
We expect to know in the near future what Harm Schilthuis and Sons Limited was paid out of the pool of funds.
City Council was given a full briefing and “approved a settlement related to the Brant Street Pier that totals $2 million for the City of Burlington and more than pays for the city’s legal costs.” That’s a pretty positive spin. No mention of the millions they sued HSS for because he quit the job he felt couldn’t be built with the plans he was given.
The plans came from Totten Sims Hubicki, (TSH) the architects of the pier who were bought out by AECOM.
“The job of the mediator was to try and facilitate a settlement between the parties, whom I believe all came to table with a willingness to resolve their differences,” said Interim City Manager Pat Moyle.
“The settlement” explained Moyle “is still subject to the final approval of two of the parties’ boards, which the city expects will take place within 10 days from the date of settlement and execution of final releases. There is also a confidentiality agreement related to some of the terms.”
That gag order may prevent the public from ever knowing how much money went into the pool – not that knowing would make all that much difference. What we now know for certain is that the city didn’t recover a dime of the cost for the second contractor.
 Did the city’s reputation take a hit during the pier construction fiasco? We made headlines that was certain. Now we have a pier – it is heavily used and was it worth the price? Another condition that was released was this statement: “No contribution in any form to the settlement shall be deemed an admission of liability, and any such liability is denied.”
What the city has also not released is the amount they paid Morrison Hershfield for the quality assurance work and the amount paid the second project manager METTKO for the work they did to ensure they work was properly done the second time around.
The total cost of the Brant Street Pier construction is $14.4 million. (it is actually quite a bit higher than that). The Canada-Ontario Infrastructure Program funded $4.4 million of this amount while Halton Region provided $2.5 million.
Does the settlement remove the pier as an election issue? Let’s see what unfolds in the next few days.
When asked what went wrong with the project Mayor Goldring said “there are some projects that just don’t work out”.
City staff on the legal and financial side did a very good job. Treasurer Joan Ford took part in the negotiations; if there is anyone who know what the numbers were – it was Ms Ford.
Former city manager Jeff Fielding was thanked for the “shuttle diplomacy” he did trying to get a deal from HSS. That didn’t work.
Getting your legal fees paid and then told to go home isn’t much of a victory – not after turning down an opportunity in 2011 to have the pier built for a lot less than the $6million plus we had to pay Graham Infrastructure and then turning down an opportunity in 2013 to settle.
 A lot of steel, a lot of concrete – did the public get value for the money that was spent. And are there lessons to be learned – and will anyone be held accountable? What appears to be clear – though not certain yet, is that there was a problem with the design which moves the liability to AECOM and the TSH firm they purchased.
When some of the other parties make public statements the picture will become clearer. The city did the right thing strategically and politically by putting out a statement and putting the needed spin on their story.
The fact is – we paid for the pier twice.
By Staff
June 22, 2014
BURLINGTON, ON.
Dinner is done, school is over so getting the kids to bed on time doesn’t matter all that much anymore . Taking in an outdoor movie late in the week at a local park sounds like a good idea. The Rocca Sisters and Associates, a local real estate firm, are sponsoring what they are calling a Stars under the Stars family movie night that will take place at Emerson Park located in north east Burlington.
 It is the first FREE outdoor movie night taking place on June 26th at 7:30pm. Several food truck operations will be on hand: SWOT (Sandwiches with a Twist) and Fro Go Xpress are confirmed.
The featured blockbuster film The Lego Movie is a sure hit – even if it has already been see.
Emerson Park is at 2390 Sutton Drive, Burlington
Funds raised through sponsorship dollars, partial proceeds through food truck sales and donations the night of the event will be going to the Joseph Brant Hospital Foundation.
By Pepper Parr
June 21, 2014
BURLINGTON, ON.
It started on Wednesday – It was to be the first day of a three day mediation marathon that on occasion started at 7:00 am and went on into the early evening.
When a crane on the pier site toppled and revealed serious imperfections with the steel being used every one of the cross beans had to be stripped leaving just the steel that formed the lazy S curve that was to make the pier distinct. The only distinct thing about the pier is its costs and the bad taste it has left in the mouths f the people who have to pay the bill.
 When a crane on the pier site toppled and revealed serious imperfections with the steel being used everyone of the corss beans had to be stripped leaving just the steel that formed the lazy S curve that was to make the pier distinct. The only distinct thing about the pier is its costs and the bad taste it has left in the mouths f the people who have to pay the bill. There were between 20and 30 people in the room at times arguing over who owes what to who on the pier construction problems. But for a time all the horses were not in the starting gate and there appeared to be some confusion as to whether or not one of the key players – AECOM – was going to show up and take part in what was scheduled as a three day event to attempt to settle the several million dollar difference of opinion on who owed who what.
While Burlingtonians and the people who visit the city do enjoy the pier – it isn’t fully paid for yet. What was put to the public as a close to $7 million project ballooned to more than $14 million and could go considerable higher when the court cases get worked out.
The city has been in litigation with Harm Schilthuis and Sons Limited (HSS), the original contractor, Zurich Insurance Company (Bonding Company for HSS), Aecom, Lombard, PV &V, Craneway (Insurance Claim)
The mediation ended on Friday. There has not been an announcement as to whether or not the parties were able to come to an agreement.
How will this city council react to whatever news the city solicitor is going to give them Monday on the outcome of the court ordered mediation over the law suits on the costs of the pier? And will council be open, honest and up front with their constituents and tell them the truth, the whole and nothing but the truth. The seven of them will be asking you to re-elect them in October.
 How will this city council react to whatever news the city solicitor is going to give them Monday on the outcome of the court ordered mediation over the law suits on the costs of the pier? And will council be open, honest and up front with their constituents and tell them the truth, the whole and and nothing bt the truth. The seven of them will be asking you to re-elect them in October.. What we do know is that a Special meeting of city council has been called for Monday, June 23rd at 10:30 an when the city’s solicitor will speak to council in a closed session on the Brant Street Pier litigation.
So – something has happened and council is to get a briefing.
here are two possible directions: Mediation was successful and the city has settled with the other parties or mediation failed and the case will then go to trial.
Mediation is a way to keep differences out of a court room. People involved in legal disputes – and in the pier situation there are five law suits – are required to at least attempt to mediate that dispute. It is useful to look at who is suing who:
Harm Schilthuis and Sons Limited (HSS) vs. City of Burlington
City of Burlington vs. Zurich Insurance Company (Bonding Company for HSS)
City of Burlington vs. HSS, EFCO, Aecom, Lombard, PV &V, Craneway (Insurance Claim)
City of Burlington vs. Aecom
HSS vs. Lombard, PV &V, City, Craneway (Insurance Claim)
What is instructive here is that HSS, the original contractor, is suing their insurance company and their insurance broker. You sue when you believe the service you bought was not delivered. HSS is also suing the city of Burlington – they believed they delivered and that the city has not paid for what was delivered.
The city is suing Zurich insurance – this is the company that provided the performance bond for the construction company – HSS. Early in this term of council the insurance company, Zurich, offered the city an alternative construction solution which the city turned down.
If mediation was successful and the parties came to an agreement council may be asked to approve the settlement. Frequently in such settlements one of the conditions is a “confidentiality agreement” often referred to as a gag order. No one is allowed to say anything other than that a settlement was reached.
The city sent more than $1 million on legal fees and didn’t want the public to know until the Post filed a Freedom of Information request which the city at first decided to argue against but saw the error of that idea and held a press conference in January at which they had then city manager Jeff Fielding tell the public that $1,349,952 $1. had been spent to date on just the legal fees. The city would get a rebate on the tax portion of that bill – but a million dollars is still a million dollars.
While no one on city council will admit it today – there was more than one occasion when the city had an opportunity to settle the dispute for a lot less than it is going to cost. Exactly how much the cost will amount to may be known on Monday – in a perfect world council would have the courage of their convictions to tell the public just what that costs is – but we should not hold our breath.
While the pier problems didn’t originate with this council – all that started when Rob MacIsaac became Mayor and wanted a grand legacy project that would put Burlington on the map. And it certainly did that. Things began to go wrong when a crane that was doing work on the pier toppled over.
The contractor at the time HSS and the insurance underwriters took a closer look at the steel that was being used – and there were problems with the product. At first a few beams were to be taken out and then a few more and before the public knew the structure had been stripped of much the steel and the original contractor was of the site.
The city re-tendered the project, a new contractor was brought in along with dozens of inspectors who checked every foot of the steel that was being fabricated to ensure that nothing went wrong the second time around.
The pier officially opened last June.
 It was a grand day. The turnout wasn’t terrific but it was a lively crowd with cup cakes for everyone. some key people were not on hand. Former Mayors Rob MacIsaac and Cam Jackson took passes – MacIsaac had a convocation. There was one person who had more reason than anyone else to be out on that Pier that morning – Henry Schilthuis, a proud man who is close to fierce when it comes to defending his reputation and the man who did the original work but had to walk off the site when he realized it could not be built using the original plans. On Monday city council will learn if Schilthuis was right and if they are going to be able to settle with Schilthuis or if there is going to be a trial. A closing note in a story that may not be over yet. Earlier in the week I had occasion to be having coffee with two people who were both candidates for council in the October municipal election. It was a fine late Spring day and after coffee the two council wanna be’s decided to take a stroll towards the pier. Neither had been out on the pier before, which stunned this reporter.
Is the pier an unpopular place? Is it a $20 million dollar mistake? While the city uses a figure of $14 million + as the cost of the pier – the mediation is going to move that number very very close to $20 million.
The question the Gazette has is this: Will the public ever be given a full detailed accounting as just what Rob MacIsaac’s dream has cost the city?
By Pepper Parr
June 20, 2014
BURLINGTON, ON.
It takes time to get anything done when the wheels of justice are required to move. The making of a judicial system is not a simple or easy process. It is based on years of precedent and the need to adhere to changes in social mores. And they don’t always get it right the first time. It took the city of Burlington a bit of time to get a grip in just what was going on when local residents reports hundreds of trucks rumbling along the northern part of Appleby Line filled with earth that was being dumped on the air park property. Was this a land fill site many wondered.
The air park was seen by almost everyone as a sleepy little rural airport, owned by a local family. But it got sold for a reported $3.1 million to Vince Rossi who had some very big ideas and what he thought was a shield that would protect him from such meddlesome things as municipal bylaws. It was an air park declared Mr. Rossi and regulated by the federal government and anyone at the municipal or Regional government s could basically take a hike and keep out of Rossi’s business.
 This photograph depicts a seminal point in the evolution of public engagement for the city of Burlington. City general manager Scott Stewart talks to members of the Rural Burlington Greenbelt Coalition, two of whom are bing sued for $100,000 bu the Burlington Air Park. Top the left at the rear is Blake Hurley, city lawyer who handled the city side of the two air park court cases. Seated on the left is the lawyer the city hired to argue the court cases and advise the city. Rossi got away with that kind of behaviour for quite some time – but there was a higher quality of civic government at city hall and they wanted to take a look at that “federally regulated” argument – and they found that it really didn’t hold all that much water.
Orders to cease and desist and all the options available to the city were used but when it became very clear that the air park was going to stick to its federally regulated position – off to a court room they all went. The city won the first round – Justice John Murray said the air park had to adhere to the city’s site plan by law.
It took the air park legal counsel less than five days to file an appeal of the Murray decision. The decision of the Appeal Court was even swifter – three hours after proceedings had begun the three Justice appeal panel said the Justice Murray was right – the air park has to comply with the city site plan by law. At some point in the very near future – the city will begin to press its case and demand that the air park present a site plan for work that has been going on for more than five years.
The Region recently hired AMEC, the former Phillips Environmental, to do an assessment of the storm water systems at the air park. Apparently AMEC had some difficulty getting on the site, but we have not been able to confirm that. The heavy rains of a few weeks ago saw small rivers of water running south along Appleby Line that did enough damage to require the Region to come in and repair the road shoulders. The Region now wants to be assured that storm water from the site can be effectively handled.
The local residents want to know ho is going to pay for the road repairs The Rural Burlington Greenbelt Coalition, the organization the air park lawyers call an “unincorporated collection of citizens” has gone public again and asked the city to re-double their efforts and begin ensuring that the soil on that 200 acre air park property be fully and properly inspected – and no more of this fighting tooth and nail to get inspection reports that the air park appears to want kept secret.
In an Open Letter to Mayor Goldring and Regional Chair Gary Carr, Vanessa Warren, a candidate for the ward 6 seat, home to the air park, said the following:
On behalf of the residents of rural north Burlington, the members of the Rural Burlington Greenbelt Coalition and I would like to congratulate you on your enormous victory at the Ontario Court of Appeal. Thank you and City Staff for all your work and leadership on this precedent-setting case. Because of your commitment to protect our rural north and its protected countryside, the City of Burlington now stands as an example to other Ontario communities dealing with airpark fill operations.
The summary nature of the Appeal Court’s dismissal was, for our community, both gladdening and concerning. Gladdening because the City was so clearly vindicated and can now proceed to test and control fill quality on Airpark property through its Site Alteration bylaw, protecting our lands and water table from environmental damage. Concerning because it affirmed our beliefs that the Burlington Airpark and its legal team are unreasonably litigious. Our community continues to be under serious threat from the Burlington Airpark, this time through the use of Ontario’s onerous defamation laws against local advocates.
Their counsel, Brian Rogers, a leading libel lawyer and member of the Attorney General’s Anti-SLAPP Advisory Panel, intends to defend them on the basis this lawsuit is no more than a SLAPP suit (Strategic Litigation Against Public Participation). In short, it is another legal action, without merit, brought to intimidate, silence and exhaust – both emotionally and financially – its opponents.
 The north Burlington citizen’s fight to defend their rights and their property was seen important enough bu the CBC National News to be given some coverage. So, while we are elated with the decision of the Ontario Court of Appeal today, and grateful for the City’s commitment to environmental protection, we need your support now more than ever. We need to defend public engagement and public advocacy – the cornerstones of our democratic system – from the Burlington Airpark’s SLAPP suit, so that this type of legal coercion does not silence the citizens of Burlington.
 Councillors Paul Sharman and Blair Lancaster, both serving their first term on city council were both members of the committee that wrote the Shape Burlington report, the document that marked the beginning of significant community participation. Unfortunately, neither Sharman or Lancaster have been strong advocates for community involvement and while there is an Engagement Charter it is a document that doesn’t get much use. Expecting Burlington to defend public engagement is a bit of a stretch. The city has yet to truly put its engagement charter into the hands of the public. But a public plea is better than nothing – at some point Burlington will get a city council that is attentive and responsive to it electors. We just aren’t there yet.
By Pepper Parr
June 15, 2014
BURLINGTON, ON.
Like many good ideas – it starts out in a basement or someone’s garage and if it is right it grows from there.
The Burlington Chapter of 100 Women Who Care were meeting in a pretty drab looking community room at Tansley Wood and while the number of people involved was growing the rate of growth was a little disappointing.
Then out of the blue, BDO offered to cover the cost of a location that was certainly higher up the food chain. The June 18, 2014, from 7:30 – 8:30 p.m. will be held at the Burlington Golf & Country Club at 422 North Shore Blvd. E., Burlington.
BDO is the fifth largest single national accounting and advisory partnership in Canada with over 100 offices nationwide. It is a member of BDO International Limited, a UK company. The offer to pay for the Golf and Country Club space makes for a much nicer setting.
Marion Goard, one of the Burlington Chapter’s founding members announced that another local business – Dermetics, a firm that offers medical, surgical and cosmetic dermatology services had stepped up and gotten involved.
The Dermetics support is unique and solves a problem that many small local firms have when deciding where and how to support the community. “The office manager at Dermetics” explained Goard, “reached out to me with an offer to support 100 Women. The rationale behind this is that they receive a fair number of requests for support from various sources and have a tough time determining who to support. By being involved with us, they know that their financial contribution is going to great causes, is being spread out across the city and they get their staff involved.
 Dermetics registered 10 memberships with Woman Who Care. This allows 10 of their staff to attend the meetings where they participate fully – as if they were funding their donation themselves however Dermetics will write the cheque to the recipient organization.
This is something a number of organizations might find very useful – it allows the company to support the community without tying up staff in the selection process. It also lets staff attend the meeting and be part of that selection process. It will be interesting to see if anyone else picks up on this.
The 100 Women Who Care model has its roots in the United States with several chapters forming across the U.S. and Canada since 2006. The mandate of the group is simple: 100 women or more meet four times a year to choose from three charities nominated for consideration. Members cast their ballot and then each write a $100 cheque for the charity that gets the winning vote. The goal is to raise a minimum of $40,000 annually ($10,000 x 4 meetings) in support of local initiatives.
The Burlington Chapter, founded by Marion Goard, Pat Grant, Megan Teall and Laurel Hubber, held its first meeting at the beginning of this year raising more than $3,000 for the Burlington Humane Society. At their second meeting they raised $4,000 for Halton Women’s Place.
Part of the appeal of 100 Women Who Care is that at each meeting the beneficiary of the last donation has a chance to address the membership to thank the group and to share how the donation will have an immediate impact in our community. “On Wednesday, Kaitlin Gordon, Development Coordinator from Halton Women’s Place will share with us how our $4,000 donation is making a difference to women’s lives in Halton. After Ms Gordon’s presentation, our members will listen to three 5-minute presentations about three new charities, take a vote and make their donations to the chosen beneficiary immediately afterwards,” says Goard.
Heading into the third meeting, support for 100 Women Who Care Burlington continues to grow. “We always welcome individual members as well as businesses who wish to be corporate sponsors to join us at our June meeting,” says Goard. “And whether you are new to the group or are already a member, we’re sure everyone will be excited to see how a small group of women can make a difference in our community – in just one hour.”
You can RSVP your attendance to info@100womenwhocareburlington.com. Nominations for charities/organizations can be filled out online ahead of the meeting at Nominations will also be accepted the night of meeting.
Registration begins at 7:00 p.m., with the meeting starting promptly at 7:30 p.m.
Goard does point out that the Burlington Chapter has some catching up to do. “I learned that the Greater St. Johns March donation exceeded $29,000 and they have over 900 ‘Likes’ on their Facebook page. We definitely have a ways to go to keep up with them. I’m not sure what’s holding things back here.”
Maybe the Golf and Country setting will make the difference.
By Pepper Parr
June 12- 2014
BURLINGTON, ON.
The bigger picture of the Burlington Air Park Inc., appeal of a lower court decision is now becoming clearer.
There are losses and there are losses – this one was a trouncing.
In the Appeal Court process has each side giving oral arguments based on the documents that were prepared beforehand. That collection of documents is called a Factum.
The appellant, in this case the Burlington Air Park Inc., proceeds first. At any point during the oral arguments either of the three appeal court judges can intercede and ask questions.
Peter Wells spoke for more than two hours and delved into all the reasons why the lower court ruling, the one given by Justice Murray in Milton should not stand. They ranged from inter jurisdictional immunity to the argument that the court case was never about the content of the landfill – which came as a surprise to the 11 Burlingtonians in the court room.
One of the judges asked Wells if the air park could faithfully obey federal laws why could they not obey municipal laws?
Wells later said that Justice Murray misunderstood what the real issues were. Several in the court reported later they they believed this was the point at which Wells lost his case. Several of the observers felt Wells glossed over the environment issues and one appeal court judge asked Wells directly if he thought Justice Murray was wrong. Wells said he believed Justice Murray was wrong.
Prior to the hearing Burlington Air Park Inc., filed a motion to have new evidence submitted. The court accepted the new evidence and then asked Wells what any of this had to do with the Murray decision.
The new evidence was related to an action the city had brought against King Paving that was later dropped; discussions about King Paving being able to bid on future city contracts and the Pinchin Environmental report dated April 7, relating to a “groundwater monitoring program limited environmental site assessment. Terrapex is currently reviewing that report for the city. It is a very, very complex detailed report .
The judges didn’t see it as relevant.
They took another short break, returned to the courtroom and advised Mr. Wells that they were deciding to dismiss his appeal.
Ian Blue didn’t have to say a word. He didn’t have to defend his Factum. The appeal court judges didn’t see a case to be argued and everyone was dismissed. The moment the judges were out of the court room the Burlington crowd burst into spontaneous applause.
It was over
The justices also awarded the city $22,000 in costs. These court cases are fast becoming a profit centre for the city.
The city put out its press release saying the “Court of Appeal for Ontario has upheld the decision that the City of Burlington’s site alteration bylaw applies to the Burlington Executive Airport.
“The city’s bylaw is valid and binding on the Burlington Airpark and the city is able to enforce its bylaw.”
The Mayor is a happy camper: “The city has shown its commitment to the residents of Burlington in keeping the site alteration bylaw in effect, even in challenging circumstances. He congratulated city staff who persevered in doing the right thing for our residents in ensuring that fill does not continue to pile up on the site and that there are some controls in place to help our community when affected by operations such as the airpark.”
Many of those residents are wondering why the land fill was allowed on the site in the first place.
Ward 6 Councillor Blair Lancaster, who has had her problems with the residents directly impacted by the land fill dumping, said “I am pleased for the people who live near the Burlington Airpark that this decision has been upheld by the Court of Appeal. This is an important moment for those residents, and I am hopeful that things will improve for them.”
The city will meet with legal counsel to determine next steps.
The site alteration bylaw allows the city to regulate how a piece of land can be altered, such as through filling, grading or excavation. The city is updating its site alteration bylaw, which regulates how a piece of land can be altered through filling, grading or excavation, and is hosting a public information meeting to review the new version on Thursday, June 19 from 7 to 9 p.m. at City Hall, 426 Brant St., Room 247.
The really critical question is – which version of the bylaw will be used to bring the air park to heel – and are we done with the appeals?
Barbara Sheldon, who has suffered the most damage at this point – but there are neighbouring farms that will not know for years if they will suffer damages and who knows when whatever is in that fill is going to work its way into the water table, has become the “poster girl” for the movement opposed to the air park work. She has done a CBC News interview as well as a CFRB radio interview and is seldom at a loss for words had this to say about the appeal dismissal: “The verdict of the Appellate Judges, upholding Justice Murray’s ruling that the City can enforce its site alteration by-laws, may be the first, real turning point to the restoration of the properties and lives that Rossi has willfully and deliberately damaged since he bought the Airpark.
“Unfortunately, Mr. Rossi’s proven history with this community has destroyed any possible belief from me that Mr. Rossi will ever comply with the City or respect his neighbors.
“What I do have hope for, is that the pilots will now take back their ‘club’ and restore it to the wonderful, recreational airpark that was built and operated for 60+ years by the Kovachiks’, and that it once again co-exists in harmony within the community and the City of Burlington, as it did under their ownership.”
Vince Rossi does not make himself available to the Gazette. He is currently suing this newspaper on a web site along with two north Burlington residents for damaging his reputation and has asked the court to award him $100,000 in exemplary damages.
Defences are being prepared – a court date has yet to be determined.
Rossi said he will be meeting with his legal team to determine how to proceed with the planned expansion of the air park. He apparently expressed hopes that the city ““might be more conciliatory.” Rossi is reported to have said: “We’ve been conciliatory with the city all along up until this recent situation. It’s not like we did anything the city was not aware of.”
City general manager Scott Stewart talks to members of the Rural Burlington Greenbelt Coalition during a council meeting break. On the far right sits Monte Dennis, of of the people being sued by the air park; in the row behind sits Vanessa Warren who is also one of the defendants in the libel suit with the air park. On the left, standing is Blake Hurley, the city legal staffer who handed the air park file for the city. Seated on the left is Ian Blue the lawyer who has done some very good work for the city. Vanessa Warren, founder of the Rural Burlington Greenbelt Coalition and a candidate for the ward 6 council seat in the October municipal election, hopes that this decision will open up the blockages on getting environmentally based information from the province and that the Ministry of the Environment might soon be able to go on site and test the soil “which is the problem.”.
Vince Rossi, president of the Burlington Executive Air Park and believed to be the sole shareholder of the private company, met with north Burlington residents. He took all the comments made “under advisement”.. Right now the city and the MOE are battling over Freedom of Information FOI requests that have been made and denied. They city is either at the mediation or adjudication level on several of these FOI requests.
Where is all this going? It probably isn’t over yet. The air park has a very significant $4.5 million investment and they aren’t just going to walk away from it.
Ideally for the community the land fill will eventually get tested – and if it found to be damaging – then it has to come out.
Who pays for that? The people who own the land. Right now Vince Rossi own the air park and no one can see his bank foreclosing on the mortgage they hold – they don’t want title to the land.
There is a 200 acre piece of prime land up there – at some point someone is going to have to come up with an idea for the property. Vince Rossi believed he had a great idea but he has not managed to sell that idea to anyone.
Don’t expect any innovative ideas from the council you are going to elect in October
 By Pepper Parr
June 11, 2014
BURLINGTON, ON.
Based on an as yet verified report from the Osgoode Hall Ontario Court of Appeal, Burlington Air Park Inc., appears to have lost the second round in efforts to build an air park without having to comply with municipal rules and regulations.
A panel of three judges dismissed the appeal on the spot – which is a bit unusual. Frequently appeal courts take time to review the documents and the pleadings and then write their decision and release it at a later date.
The Burlington Air Park Inc., can seek leave to appeal the decision of the Supreme Court.
We will seek additional details on this matter and follow up.
The tide has certainly turned on this situation. The city can now begin thinking about just what it is going to require of the air park in terms of compliance with the site plan by-law. And residents who have suffered significant property value losses can begin to think in terms of damages they will want to seek.
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