 Ray Rivers
February 18th, 2018
BURLINGTON, ON
It is hardly the greatest show on earth. No, not the Barnum and Bailey show which retired last year. It’s that other circus called the Ontario Progressive Conservative leadership contest. And so far it’s a long way from being entertaining, as anyone watching the first four declared candidates square off for an all-candidates debate on TVO’s The Agenda would have to agree.
 Patrick Brown resigning But perhaps the campaign will get more exciting now that a fifth candidate, former leader Patrick Brown, in the running. Brown is making noises like he was set-up, and he is determined to clear his name from the sexual allegations which forced his resignation in the first place. He points to holes which are already starting to appear in both of the allegations against him.
The first of two TVO debates was among the sleepiest debates of all time. It would have been much better theatre had Brown been there to counter all the slings and arrows… and mud being tossed his way.
 Tanya Granic Allen The latest candidate, before Brown’s re-entry, an angry, ardent, young woman by the name of Tanya Granic Allen, rubbished him for not promising to get rid of the provincial sex-ed curriculum. She also tore into Christine Elliott for not defeating the Liberal ban on the questionable practice of gay sexual conversion therapy.
Granic Allen declared that the recently member-approved election platform called the People’s Guarantee, is now dead – but gave no indication of what would take its place going into an election a little over three months from now. And she grumbled about the last leadership and how the membership lists were rigged. Despite the PCs being well funded and more popular than before he became leader, she accused Brown of destroying the party.
The other three candidates Doug Ford, Caroline Mulroney and Christine Elliott were less committal on the platform, stressing that only the carbon tax was dead, as far as they were concerned and that they would take the federal government to court on this. They also agreed that they’d have to run a deficit to pay for their promised 22% income tax cut, though Elliot was convinced there were saving to be had somewhere.
 Christine Elliott Elliott, a former provincial politician turned civil servant (patient ombudsman) was particularly disappointing in her performance. She had trouble identifying almost any of the issues facing the province, let alone how she would better deal with them. That can happen to politicians once removed from political office – John Turner in the 80s comes to mind. She lost out twice in seeking the leadership so perhaps she was just being guarded about another defeat, or tired of it all.
Mulroney also seemed painfully ignorant of what the job entailed and unable to identify issues, though at least she wouldn’t kill sex-ed, or the minimum wage. She would just figure it all out once she’d looked at the budget line-by-line. One could ask why she hadn’t done that before this debate. Though well composed and calm most of the time she occasionally had that deer-in-the-headlights look about her.
Her lack of depth is likely a consequence of being such a relative newcomer to Ontario politics and Ontario. After all she lived so much of her life in Montreal or the USA, where she also holds citizenship. It was hard not to want to paraphrase Stephen Harper’s quip about his rival Ignatieff – she didn’t come back for us.
 Doug Ford Doug Ford was remarkably reserved, given his reputation. He kept going back to his own and mostly irrelevant experience as a Toronto Councillor, supporting contracted garbage services which arguably saved a billion dollars for the tax payers. He said he’d pare back the layers of bureaucracy and the Green Energy Act in particular. When asked to be more specific he mentioned the grade six math scores and said that sex-ed was to blame.
This is still relatively early in the leadership process since nominations had just closed on Friday. But the winning candidate will be announced March 10th, so there isn’t much time for these characters to whip themselves into shape for the next leadership debate at the end of February. Membership sales also closed on the 16th and it will be interesting to see how many supporters of these candidates have been added to the lists.
 Brown back in the race Winners are rarely made by a debate. With Brown back in the race, assuming his nomination is approved, all bets are off. He, no doubt, is counting on those loyal supporters who picked him in the first place coming back to support him. Brown, having been the principle author of the platform would at least have a much better handle on the issues facing the province than any of his competition.
All of the candidates, in particular Mulroney, talked of the need to be different from the status quo. Change the government just to get rid of Kathleen Wynne. But then it would be helpful to know what they would do better – and there was little sign of that from any of these hopefuls. One only has to look south of the border to see how well change for the sake of change is working there.
 The four candidates in the first debate will be joined by Patrick Brown in the second debate. The leadership ballot will allow members to rank the candidates in order of preference. So expect to see Elliot and Mulroney gang up so that they are each other’s first and second choices. We should expect Ford to mobilize his Ford Nation political organization to get every ultra-conservative marking him as the only candidate. That angry young Allen woman is destined for last spot, given her scary demeanour alone. With Brown back in the race, he might just win again.
 Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking. Rivers was once a candidate for provincial office in Burlington. He was the founder of the Burlington citizen committee on sustainability at a time when climate warming was a hotly debated subject. Tweet @rayzrivers
Background links:
PC Eat Itself – Brown is Back – Brown’s Allegations –
TVO Debate – More Debate – Even More Debate –
Caroline Mulroney – Christine Elliott –
 By Staff
February 16th, 2018
BURLINGTON, ON
 The Halton Regional Police Service is currently investigating a familial related stabbing incident on Bunkerhill Place in Burlington.
One victim has been transported to hospital with serious injuries and one person is in police custody. There are no outstanding suspects or concerns for the community.
No further information available at this time.
By Ray Rivers
February 16th, 2018
BURLINGTON, ON
It is easy to see why a jury of his peers might sympathize with Gerald Stanley. The cattle farmer near Biggar Saskatchewan had shot and killed a young man who had driven onto his land uninvited. Imagine if four strangers suddenly roared up to your farm house in a ratty old SUV, went poking around into your garage and fired up a piece of your equipment as if it was their own. They were trespassing, apparently argumentative and clearly disrespectful.
It is not clear what the youths had in mind when they drove up to the Stanley farm house. Nor is it clear that they hadn’t just wanted Stanley, who operated a small auto repair shop, to fix their flat tire. There is evidence they had been drinking and that they had earlier tried to break into a neighbour’s vehicle. So they may well have been up to no-good.
 Colten Boushie But none of that excuses the killing of young Colten Boushie, who lived on a Cree reserve about an hour’s drive away. Stanley had several weapons in his possession, including the hand gun which killed Boushie, so he clearly understood something about guns. He claims the weapon fired accidentally, an action which couldn’t be replicated in tests by a crime lab. Handguns are restricted weapons requiring registration and have strict storage requirements, but Stanley was also careless about how he stored his guns.
Stanley had used the handgun over the years, he said, to scare wildlife off his farm. Clearly the noise from a starter pistol would have been just as effective, unless he had intended to also kill the wildlife. And it sadly begs the question of whether he regarded these indigenous youth as just more wildlife, which he had hoped to scare off when he fired bullets into the air.
 Gerald Stanley – acquitted. Gerald Stanley was acquitted of responsibility for that killing, something which has outraged the aboriginal community, civil rights lawyers and the federal government. Mr. Trudeau and his justice minister have promised to make changes to our legal prosecution system and/or jury selection process as a result of the trial. But that won’t bring back Mr. Boushie, nor prevent this kind of incident from happening again. Nor will it heal the wounds for Boushie’s family and his fellow band members, nor indeed for the Stanley family who have not escaped this sad event without some kind of trauma.
Improving the fairness of our judicial system is always a good idea. But if that involves mandatory inclusion of indigenous jurors in these kinds of trials, that may precipitate an explosion of demand for culturally populated juries from now on. Muslims for example, may demand representation on a jury when one of their own is accused or victimized. Will that lead to a quota system as the basis for jury selection? And will multiculturalism then take precedence over the blind execution of justice?
Wouldn’t it be better for the Trudeau government to take action to reduce the chances of this kind of incident repeating itself, rather than shifting the discussion to how the courts process the consequences? The government could focus on what killed Mr. Boushie – the gun. The only purpose of a handgun is to kill people. Why not ban all handguns in this country, except those used by law enforcement officers.
Boushie apparently also had a firearm, a 22 calibre rifle in poor condition but still loaded with bullets in the chamber. It was not a part of the actual conflict but it is also telling about the gun culture spreading in this country from the contagion south of the border. One wonders how this incident might have evolved had Boushie had a chance to discharge that weapon in self-defence.
 The sign makes the statement. There is much less regulation and consideration over Canada’s firearms now that the nation’s long gun registry has been destroyed. It’s elimination was a political action to satisfy western gun owners, presumably like Stanley, despite appeals to the contrary by virtually all law enforcement agencies and most of Canada’s provinces. We register our cars and dogs but not our long guns.
Stanley’s ‘scare wildlife’ comment is telling, since it highlights the extent of racism that still exists concerning Canada’s aboriginals, particularly in the western provinces. He may not consider himself a racist but the question remains whether he would have pursued the same aggressive tactics were the invaders non-aboriginals.
The jury declined to pronounce Stanley guilty of even manslaughter, let alone the greater charge of second degree murder which the prosecution had been calling for. Stanley had every right to suspect the trespassers on his property were up to no good and may have felt threatened by their presence. And he had every right to evict them, which it appears he had done as they were in the process of leaving when the incident culminated in Boushie’s death.
 The trigger on this pistol had to be pulled for the gun to fire. The evidence that Stanley’s gun accidentally went off as he claimed was clearly rebutted during the trial, but even if it hadn’t been, the gun that killed Boushie was in his hand the whole time.
The jury may have been motivated to find for the defendant because of the colour of his skin, or not. And they clearly believed Stanley had been in the right, that he had done no wrong. Yet it is hard to understand how any reasonable person would not have called this manslaughter. That is what happened after all – a slaughter of that young man.
Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking. Rivers was once a candidate for provincial office in Burlington. He was the founder of the Burlington citizen committee on sustainability at a time when climate warming was a hotly debated subject. Tweet @rayzrivers
Background links:
What happened – Trial – Response to Verdict –
More response to Verdict – Historic Perspective – Weapon Malfunction –
Background – Even More Verdict – Trudeau Response –
Firearms Charges – Jury Selection –
 By Pepper Parr
February 16th, 2018
BURLINGTON, ON
Thinking of running for council? City Hall has some advice
The municipal election on October 22 brings great opportunities for residents to connect with local government by voting or running for City Council, which is the ultimate civic engagement.
 City has created a smart looking logo for the 2018 municipal election. If you are a potential candidate, here are some tips on where to get helpful information:
Go straight to the source. The City of Burlington, the Province of Ontario and a number of municipal associations, including the Association of Municipalities of Ontario, have great information. Visit Burlington’s Election 2018 web pages.
Attend workshops and information sessions hosted by experts. The municipal clerk’s office at the City of Burlington is your go-to place for election information. The election team will help you prepare for what to expect on a personal and professional level as a council member, how changes to the Municipal Elections Act will affect this year’s election and what your responsibilities are under the Municipal Elections Act.
Mark your calendar for April 18 in Oakville. The City of Burlington is co-hosting an information session for residents who are interested in running in the 2018 Municipal Election. “So you want to run for Council?” takes place at Oakville Town Hall from 6 to 8 p.m. on Wednesday, April 18. The free session will be led by municipal lawyer Fred Dean.
File your nomination papers between May 1 and July 27. You must be 18 years or older, a Canadian citizen and live in Burlington, own land here or be the spouse of someone who does. More information and candidate criteria are available at the Ministry of Municipal Affairs and Housing’s website.
That previous paragraph is highlighted because it isn’t as clear as it should be. Read as it is – it implies that if you are single and live in an apartment you cannot be a candidate.
With the word or placed before the word own it would be clearer.
The AMO web site sets out who can run very clearly.
- 18 years of age or older
- a Canadian citizen; and
- either a resident of the municipality or a property owner or tenant or the spouse or same sex partner of an owner or tenant in the municipality during a specified time just before the election.
The Gazette reached out to the City Clerk for clarification – she didn’t reach back.
Jack Dennison, who is part of the geography in ward 4 has a practice of filing his nomination papers very late in the game – keeping anyone who wants to challenge him at bay for a period of time. In order to defeat Dennison a candidate should be organized by now and ready to hit the road running.
 City Clerk Angela Morgan will oversee the municipal election and sign the document that makes the winners official. Angela Morgan, City Clerk did say that “An election is the ultimate opportunity for residents to engage with local government. I am encouraged by the enthusiasm we see in those who host information sessions or provide information on the web. We also want to ensure that voters and potential candidates get the critical information they need, and that those who wish to run for City Council have a positive experience.”
One Gazette reader said: “It is one thing for an organization like ECoB to be promoting new candidates to run for office, But the City? Could make residents think that the city feels that new faces are needed on Council.
Information links:
City of Burlington Election 2018 web page
AMO – Association of Municipalities in Ontario web site
 By Staff
February 16, 2018
BURLINGTON, ON
Sharing Experiences is a biennial one day capacity-building workshop for individuals and community groups interested in creating positive environmental change.
This year’s workshop will be held on Saturday, March 3, 2018, from 8:30 a.m. to 3:45 p.m. at the Puslinch Community Centre at 23 Brock Road South, Puslinch ON N0B 2J0.
The goal of the workshop is to link like-minded people and groups to facilitate the sharing of ideas and experiences so that participants can build skills, network and share ideas about environmental projects in their respective communities. The workshop includes presentations, panel discussions and small breakout sessions delivered and facilitated by knowledgeable and experienced members of the environmental community.
 Canada C3’s epic journey sailed from Toronto to Victoria via the Northwest Passage to inspire a deeper understanding of our land, our peoples and our country. Learn about the people we met, the places we visited and the conversations that took place across reconciliation, the environment, youth engagement, and diversity and inclusion at CanadaC3.ca This year’s workshop features Keynote Speaker James Raffan, his talk is titled Our Home on Native Land. In 2017, James Raffan was involved in four epic sesquicentennial journeys that included paddling the Rideau Canal from Kingston to Ottawa, a circumnavigation of Canada from Toronto to Victoria via the Northwest Passage, a ship-based youth expedition from Resolute Nunavut to Kangerlussuaq, Greenland and a quick trip to the North Pole from Murmansk, Russia aboard the world’s most powerful nuclear icebreaker.
 Raffan is involved in a student scholarship program that makes it possible for emerging environmentalists to tour the far North. With wonderful people in faraway places, he pondered climate change, canoes, youth engagement, the national anthem, diversity and inclusion, tolerance, reconciliation and home. Join one of Canada’s great storytellers for thought-provoking reflection on Canada 150 and beyond.
There is a fee of $15 for the workshop which includes lunch and breakfast. You can find the link to register on the Sharing Experiences workshop page – www.conservationhalton.ca/sharing-experiences-2018.
The organizing team is comprised of Conservation Halton, Credit Valley Conservation, Friends of Mill Creek, Grand River Conservation Authority, Green Venture, Halton Environmental Network, Hamilton Conservation Authority, and the Iroquoia Bruce Trail Club.
This event is sponsored by Conservation Halton Foundation and Little Mushroom Catering.
 Dr. James Raffan – a Kickass Canadian with a passion for the North. Dr. James Raffan is a writer, geographer and Kickass Canadian (kickasscanadians.ca/james-raffan/) with a passion for the North. He is a Fellow of the Explorers Club, Past Chair of the Arctic Institute of North America as well as a Fellow and Past Governor of the Royal Canadian Geographical Society, earning the Queen’s Golden and Diamond Jubilee medals, the RCGS Camsell Medal, and, most recently, Canada’s Meritorious Service Medal from Governor General Julie Payette
 By Pepper Parr
February 16th, 2018
BURLINGTON, ON
On March 1st there will be a council Workshop about the Code of Conduct for members of city council that the majority of this council just do not want.
A Code of Conduct was discussed at some length on a number of occasions during the first term of this council in 2011.
At a meeting in July of 2015, the last meeting before Council went on their six week summer vacation in the summer of that year, Councillors Craven and Sharman had a discussion in the foyer outside the Council Chamber. Both went to their seats when the conversation concluded; Sharman said a few words to Councillor Lancaster who sits beside Sharman and the meeting began.
Later in the meeting Councillor Lancaster introduced a motion, seconded by Councillor Sharman to replace wording in the Code of Conduct that had been taken out at an earlier meeting.
No one had seen the motion until it was introduced – not the Clerk or the Mayor. All the chatter about professionalism and respect for each other got blown out the window.
The final vote on what to do with the Code of Conduct was to refer what had been done up to that point to the City Manager who assured council he would move with some dispatch; debated under the Governance section of the Strategic Plan. One of the problems is that Strategic Plan meetings are for the most part not recorded or broadcast on the city’s web site.
The firm that provides Ombudsman support services to the city, ADR Chambers prepared a detailed document on this for staff; the City Clerk worked hard to get a document in place – council didn’t let it happen.
Among the issues that cropped up during the 2010-2014 term of office was whether or not the council member for ward 2 could involve herself in the affairs of ward 1. No love lost between those two.
The matter of what was a gift to a council member and what wasn’t a gift got debated as well as what the ramifications to a council member would be should they happen to be off side.
The Gazette published articles on this in in July of 2015 and again in November of 2015 when the issue was discussed on Cogeco cables The Issue.
There was another article on November 16th, 2016 and on January 30th, 2016.
Earlier this week there was a Committee of the Whole meeting that agreed to have a Task Force formed on bullying and harassment in the city. The members of council feel there is just too much harassment being aimed their way and they want to see some rules in place to manage this behaviour.
What a bunch of hypocrites; they are complaining about the way citizens with well founded concerns about the way growth is being managed who will not ensure that there is a Code of Conduct governing their behaviour. There has been a code in place for city staff that is enforced. What’s good for the goose doesn’t appear too appeal to the gander.
Bullying – what does one call the letter sent to ECoB by the City Manager threatening legal action if they did not remove some of the content on their web site. A conversation inviting the ECoB people to meet with the City Manager and talk about the information that was on the web site could have resolved the issue.
No carrots in the office of the City Manager – just big sticks.
In 2012 the then city manager Jeff Fielding said that the behaviour of a council member came very close to sexual harassment. Earlier the council member had been identified as being in a personal relationship with a member of the Planning department – those things are no no’s.
 Councillor Sharman and then Director of Transit Donna Shepherd working through a budget document.  Her body language says it all. Shepherd retired later in the year. At the Committee of the Whole meeting on Monday Councillor Sharman complained of a delegator who eyeballed every member of council in what he felt was a threatening manner before leaving the chamber. Sharman said it was “uncomfortable “.
Dumb behavior is dumb behaviour and it is not to be tolerated. How we manage it is another matter.
During the council meeting on the Task Force Lancaster was proposing Councillor Sharman spoke frequently about misinformation and seemed to be suggesting that what was going on in Nazi Germany during WWII may be now taking place in Burlington; propaganda and misinformation. The Councillor is watching too much television.
 This citizen was unhappy about transit service. At the time the city was doing nothing about transitr until a new staff member did an analysis of some data and told the city manager there were serious problems. The citizens had been right for some time – but they weren’t listened to.  A parent who didn’t want the high school his child was attending closed. As I listened to the debate via the web cast there was never any sense that the harassment council members are getting is something they take any responsibility for – the public is upset, very upset. They don’t like what they see their council doing to them and when they find that their delegations are not being heard they react.
Brian Wrixton, the Chair of the Inclusivity Advisory Committee made a very strong point when he said at Committee “there was a lot of educating to be done”.
This council isn’t talking about educating – they are talking about rules they want to see in place to control what happens. Councillor Craven wants to see something in the Procedural bylaw that permits the chair of a meeting to do something with a delegation that is upsetting the members of council. “All a chair can do now” he said “is adjourn the meeting.”
There is some very nasty racist behaviour coming out of the Alton community and that is not to be tolerated. It takes time to erase racist attitudes – ham fisted responses don’t work – never have.
Change gets brought about by leadership – usually from the top. Citizens are finding that they have a city council that just does not want to hear what their concerns are; that their Council has become close to bloody minded in their behaviour. They seem prepared to let the electorate decide if they are doing their job at the election that will take place at the end of October.
With no one coming forward in wards 1, 4 and 5; a possible candidate that might not be much different than what is there now in ward 6, we stand to end up with a council that will be on the wrong end of 4-3 votes.
 Mike Wallace taking in a city council meeting, wondering perhaps what the Chain of Office will look like on his shoulders. There is more than enough evidence to suggest that the current Mayor is in serious electoral trouble; the question is will the people of Burlington take a leap of faith with Meed Ward or fall back to former city Councillor and Member of Parliament Mike Wallace.
Related articles:
January 30 – 2017 – Clerk gets handed the hot potato issue.
November 16, 2016 – Province begins to nudge the municipalities
November 6, 2015 – Cogeco’s The Issue discuses the lack of a Code of Conduct
July 26, 2015 – New Culture at city hall?
June 2012 Transit director retires
Salt with Pepper are the views, opinions and observations of the publisher of the Burlington Gazette
 By Pepper Parr
February 15th, 2018
BURLINGTON, ON
The Ontario Municipal Board decision to allow the ADI Development at Lakeshore and Martha isn’t the only thing going on in the city.
 It will have a transit stop in front of it. Having said that, Gazette readers are proving to be quite vigilant on this issue; one brought to our attention a piece we published in 2015 when the city was doing its best to recover from the failure to respond to the ADI application within the required 180 days.
Neither the current City manager or the current planner or the current Deputy city manager can be blamed for that mess.
Tom Muir, who has been described as an “acerbic” city hall critic asked Meed Ward what happened. The dialogue between the two of them is instructive.
It points to some of the reasons why this development and the opposition to it went off the tracks before the train got out of the station.
Link to that article:
 By Staff
February 1`5th, 2018
BURLINGTON, ON
Burlington’s Best Committee is reminding anyone who is planning on submitting a nomination for a Burlington’s Best Award that the deadline is Feb. 28, 2018.
Nominations for the Burlington’s Best Awards, formerly known as the civic recognition awards, opened January 2 for eight award categories.
Burlington’s Best Awards is an awards program that honours Burlington’s most outstanding citizens. The winners in all categories are revealed at a celebration held in May of each year.
 Each recipient is given a stained glass piece that is handcrafted by Teresa Seaton. There are eight award categories:
• Citizen of the year
A person whose volunteer activity has made a significant and sustained contribution to the vibrancy and wellbeing of the Burlington community in 2017.
• Junior Citizen of the year
A youth, 14-18 years of age, who has made a significant contribution to the Burlington community in 2017.
• Senior Person of the year
A person, 55 years or older, who has advocated on behalf of seniors and/or made a significant contribution to the Burlington community in 2017.
• Environmental Award
An individual or group that improved and/or protects Burlington’s environment in 2017.
• Arts Person of the Year
An individual who has contributed to the arts in Burlington as an artist, patron or advocate including, but not limited to, visual arts, media arts, musical arts, performing arts and literary arts in 2017.
• Community Service Award
An individual or group whose volunteer activity has contributed to the betterment of the Burlington community in 2017.
• Heritage Award
An individual who has demonstrated a commitment to the preservation of Burlington’s heritage, and has volunteered their time in an effort to support the preservation of Burlington’s heritage in 2017.
• Accessibility Award
An individual, organization or business that has made significant contributions to increase access and participation of people with disabilities in the Burlington community in 2017.
 The 2016 winners pose with their awards. From left to right: Jim Clemens (Heritage), Sylvia Baliko, Tetra Society (Accessibility), Dave Page (Senior), Mayor Rick Goldring, Marion Goard (Community Service), Dorothy Borovich (Citizen of the Year), Mehr Mahmood (Junior), Kale Black (Environmental) Absent: Margaret Lindsay Holton (Arts Person) Visit burlington.ca/best to nominate someone deserving of civic recognition for their hard work, compassion and dedication. Nomination forms can be completed online at burlington.ca/best or by picking up a nomination form at the clerks department at City Hall, 426 Brant St.
Calah Brooks, chair of the Burlington’s Best Committee said: “When preparing your submission, it’s important to have specific examples of how and why your nominee’s impact and contribution deserves civic recognition. Also, be sure to include the required testimonials from folks who have been involved with the nominee so a full picture can be painted of how and why they made a difference in our community. The City Clerk’s office is available to assist with any questions”.
By Pepper Parr
February 15th, 2018
BURLINGTON, ON
Those unhappy with the Ontario Municipal Board decision will look for ways to appeal the decision.
OMB decisions can and have been appealed but only on an error on a question of law.
An appeal cannot be made on a matter of evidence that was presented. If the hearing officer, in this case Susan de Avellar Schiller, made a reference to or relied on some law and was wrong – that can be appealed.
The process for this is a motion to the Divisional Court for an order of the Court allowing the appeal to proceed.
In certain rare circumstances, you may be able to seek Judicial Review in the Divisional Court.
People usually hire a lawyer to appeal to a court or to ask for a Judicial Review because of the complicated procedures and issues.
The starting point for a Judicial Review is a call to the Registrar of the Court for more information about court processes and procedures.
If the Mayor’s blog and the media release from the city are any indication, the city is going to gulp, swallow the decision and move on. The spin, so far, has been that the OMB decision is all the more reason to press on with approving the draft Official Plan.
There is a Statutory meeting at which residents can have their say on the draft Official Plan:
Tuesday, Feb. 27, 2018
1 p.m. and 6:30 p.m.
City Hall, Council Chambers, level 2
426 Brant Street
That draft might want some additional modification based on the OMB decision. Taking their lumps for the failures in the city’s case – and that is what they were, the city now needs to take the time to fully assess what the decision says and figure out how to live with it and work with it going forward.
This isn’t the time for hasty decisions. It is the time to fess up and apologize for mistakes.
Ward 2 Councillor Marianne Meed Ward has set out her position on the decision, the Mayor has thanked staff for all their fine work. The Gazette reached out to Mayoralty candidate Mike Wallace for a comment, they have said they will get back to us – nothing yet.
By Staff
February 14th, 2018
BURLINGTON, ON
 An investigation conducted by the Halton Regional Police Service – Child Abuse and Sexual Assault Unit (C.A.S.A.), resulted in the arrest Frances Maureen McNeil (55 years), of St. Catharines on February 13th, 2018 and charged with: Sexual Assault, Sexual Interference and Invitation to Sexual Touching
McNeil was a babysitter in her home in the City of Burlington between 1996 – 1998, and was known to babysit children within her neighbourhood.
At the time of the offences, the female was known by the name Maureen Crawley
The accused was held for a bail hearing.
Anyone who may have any additional information pertaining to this investigation is asked to contact D/Cst. Matt Cunnington of the Halton Regional Police Service Child Abuse and Sexual Assault Unit at 905-465-8978.
Tips can also be submitted to Crime Stoppers “See Something? Hear Something? Know Something?” Contact “Crime Stoppers” at 1-800-222-8477 (TIPS) or through the web at www.haltoncrimestoppers.ca
By Jim Youn g
February 14th, 2018
BURLINGTON, ON
 Forgive my cynicism but the disappointment expressed by Burlington’s Mayor and City Staff over the OMB decision to allow a 26 storey building on Martha St. seems like just so many crocodile tears. This from a city who already amended their own zoning bylaws to approve 24 storeys a few hundred metres away at 421 Brant St.
The ADI appeal, while complex, was not based on a good building /bad building argument but was based on a “No Decision Appeal” to the OMB which is allowed when City Councils fail to come to a decision on a developer’s building or zoning application.
 Essentially The City of Burlington failed to consider the ADI application within a reasonable time so ADI took their case to the OMB and won. The questions our city, which seems hell bent on intensifying its downtown core at all costs, must now answer are:
Why was there “no decision” by council on the original ADI application, thereby forcing the appeal?
Was this an oversight, in which case shame on them?
Was this a deliberate tactic so that council gets a 26 storey building in line with the other 23 & 24 storey buildings on Brant St. and the 20-25 Waterfront Hotel Development on Lakeshore while hiding behind the developers and the OMB? In which case who are they to be trusted with the New Official Plan which they now tout as a saviour from developers.
The New Official Plan is just as open to amendments and appeals by developers and planners as the old plan and in fact by removing Brant St. from the Official Downtown Core in the New OP, and designating it a “Special Development Precinct” they may in fact leave it open to ever more amendment and modification resulting in more hi-rises.
When the city had the opportunities to control development in the downtown they either failed to decide, leaving the decision to the OMB or voted to amend their own plans allowing ever taller buildings. Their hand wringing and expressions of disappointment sound very hollow to the people of Burlington this morning.
 Jim Young, is a founding member of ECoB, the Engaged Citizens of Burlington
 By Staff
February 14th, 2018
BURLINGTON, ON
For those concerned about what is happening to their city and what the downtown core is going to look like the following numbers are pretty brutal.
22 – 23 – 24 – 26
The Bridgewater condominium will top out at 22 storeys.
The 421 Brant project has been approved for 23 storeys
The 409 Brant project (where Elizabeth Interiors used to operate) is asking for 24 storeys
The ADI Development Nautique has just has its 26 story project approved by the Ontario Municipal Board.
Joe Gaetan, a downtown resident who delegated against more height said: “the city is a goner”
In a prepared statement Meed Ward said:
“The OMB decision to approve the 26-storey ADI proposal at Martha/Lakeshore is devastating for the downtown. This will be the new precedent height.
“The decision referred to the Bridgewater at 22 storeys (and other tall buildings in the area); it also referred to the fact that the city had “received” other 23 storey applications (how is that relevant is anyone’s guess; these were only “applications” with no approval at the time of the OMB hearing).
“I am not confident that by rushing adoption of the proposed new Official Plan we will gain more control over planning; the proposed plan calls for 17 storeys for this site. The OMB approval is nine storeys higher. The Brant and James corners (north and south) are both 17 storeys in the proposed new Official Plan, but council approved 23 storeys on the north side and we just got an application for 24 storeys on the south side.
“Developers can, and will, continue to ask for more than what is permitted in the existing or proposed plan.
“The decision also referred to the downtown as an Urban Growth Centre and transit hub, thus the development needed to meet certain densities appropriate for those designations.
“Until we remove those two designations from the downtown (Urban Growth Centre, Mobility Hub), we will not wrestle control of planning back into the hands of staff, council and the community. (Credit goes to Gary Scobie for suggesting these designations be removed, which is what led to my motion.)
“My motion Jan 24 to move the Urban Growth Centre from the downtown to the existing Burlington GO Station Mobility Hub (as Oakville has done to protect their downtown), and to eliminate the downtown as a Mobility Hub, failed 6-1.
“In light of this OMB decision, we have to reconsider this vote. I will bring a reconsideration motion to the next Official Plan statutory public meeting (starts Feb. 27, 1pm and 6:30, extending to Feb. 28 if another day is needed)
“What can residents do? Use your democratic tools:
“There is a provincial election coming up June 7. Ask all candidates who are running if they will work with the city to remove the Urban Growth Centre and Mobility Hub designations from the downtown.
“There is a municipal election Oct. 22. Ask all candidates who are running if they will work with the region to remove the Urban Growth Centre and Mobility Hub designations from the downtown. There is still time: our new plan isn’t in effect until the Region approves it, which won’t happen until the Region begins its review of its own plan in 2019.”
In its media release the city in part said:
In its decision, … the OMB states that the city’s current land-use policy for the site does not reflect Provincial Policy.
As the OMB noted in its ruling, “the evidence suggests to the Board that the current designation is no longer appropriate for the site and a proposal that is taller and more transit-supportive is both preferable and better implements the transit-oriented and intensification policies of the province.
The OMB further notes that “While the provincial policy regime emphasizes the importance of a municipality’s official plan, there is no suggestion in the provincial policy regime that a municipality’s official plan may undercut provincial policy.”
Mary Lou Tanner, the Deputy City Manager, comments: “In light of the OMB’s ruling, it is even more important that the city move forward with the adoption of the new Official Plan. As this ruling shows, our current OP is a liability; it is out of date and is open to challenge. The area-specific plan for downtown Burlington will strengthen the city’s position on development in the downtown by replacing outdated polices with a plan that better reflects provincial policy, while also protecting the character of the city.
 The black diamond shapes show where the four developments are going to be located.  409 Brant – south of James Street. Application is for 24 storeys. Nautique – Lakeshore at Martha – OMB approved for 26 storeys.  421 Brant, north side if James – city council approved for 23 storeys.  Bridgewater development – under construction at Lakeshore and Elizabeth – 22 storey condominium
 By Staff
February 13, 2018
BURLINGTON, ON
Nautique, the ADI Development project has been approved by the Ontario Municipal Board. The ADI Group has won their argument before the Ontario Municipal Board to build a 26 storey structure at the corner of Martha and Lakeshore Road.
Details to follow.
 By Pepper Parr
February 13th, 2018
BURLINGTON, ON
Well – here is a flash of election news.
The Gazette got a note from Michael Jones, a ward 2 resident who delegated at city hall several weeks ago voicing his opposition to much of the draft Official Plan and pushing for a deferral of the vote until after the October municipal election.
Little did we know that as he stood there at the podium a few weeks ago, he was mulling over whether or not he should run for office.
His note to us this morning:
 Another fresh young face decides to run for council – hoping for an office in city hall. “If Marianne doesn’t run , I’m running for Council. If she does, I am considering Ward 6 where I grew up. Ironically I may get more votes up there.
“I’m not sure if she (Meed Ward) is running, not sure why she is laying in the weeds.”
Another fresh young face.
Leah Reynolds the Wards 1 and 2 school board trustee has been seen as the Marianne Meed Ward favourite and was being groomed to grow into the council seat when Meed Ward announced she was going to run for Mayor. The two of them attended the Mayor’s State of the City address together.
Lisa Kearns, one of the ECoB team is seen as a possible candidate for the seat.
The development community might look for a candidate that would represent their interests.
It will be difficult to find someone from the development community who would be comfortable on a council with Meed Ward as Mayor. Mike Wallace would be a different matter.
By Pepper Parr
February 13th, 2018
BURLINGTON, ON
It was a respectable turn out
The high point had about 35 people in the room along with five staff members from the Planning Department.
Large maps were set up on easels along with copies of the latest versions of the draft of the new Official Plan in 3 inch binders.
 Rendering of a 24 storey structure a developer wants to build across the street from the 23 storey tower already approved by the city. The interest in the Official Plan has been highest in the downtown core where the city is going to see a 23 storey tower rise opposite city hall. For those who live downtown the idea of seeing something so big so close is, to some, frightening.
That there is a 22 story tower under construction a five minute walk from city hall doesn’t seem to be as bothersome.
The city has planned Town Hall type meetings where people can meet informally with Planning department staff to ask questions and seek clarification.
 Andrea Smith, the planner doing much of the heavy lifting getting the new Official Plan written and revised and ready to go before city council on April 4th for approval. Andrea Smith, the planner who has been doing much of the actual writing of the new Official Plan, was the lead person in the room.
Councillors Paul Sharman and Jack Dennison were on hand; Sharman was briefing Mark Carr, host of Cogeco TV’s The Issue, on what the mobility hubs were all about. Not sure Carr was getting the most balanced explanation.
The meeting was held in the Haber Recreation Centre, the most vibrant place in the city where hundreds of kids are on the gym floor practicing basketball or volleyball.
 Councillor Blair Lancaster once sat in for the Mayor during a Council meeting. Missing in action was the ward Councillor Blair Lancaster.
Mark Bales, lead talker for Carriage Gate, the corporation that has city council approval to build that 23 story tower opposite city hall, was working the room and making sure that the message was being delivered.
ECoB, the Engaged Citizens of Burlington, are waiting in the wings to file an appeal to the Ontario Municipal Board arguing that the development doesn’t comply with the Official Plan that the city is working from.
When ECoB met with the Mary Lou Tanner, Deputy City Manager last week they asked if an additional public session could be held during the day time that would allow seniors to get out and take part. Ward 2 Councillor Meed Ward supported that idea – there will be a meeting at the city hall on the 15th from 1:00 pm to 3:00 pm.
The casual – opportunity to ask questions meetings – are being followed by a Statutory meeting required by the provincial Planning Act; an occasion when anyone can delegate and give a ten minute view point on what they like and don’t like about the proposed Official Plan.
Expect this to be another boisterous meeting during which those opposed to the plan press city council to defer the plan until after the October municipal election.
By Pepper Parr
February 13th, 2018
BURLINGTON, ON
It was the call for a Task Force on Bullying and Harassment that got us started on this. Then the note from James Schofield that led to our asking: “Are we part of the problem – we thought we were part of the solution.”
The Gazette opened up a comments section on the newspaper and the response was robust. But we began to notice that people were disrespecting one another and we began to tighten up the rules on what was acceptable.
We then began to look at the comments section of the Gazette and decided that we needed to tighten up on what we were permitting.
 Removing content that is disrespectful is not censorship. We learned that this isn’t going to be a simple process.
We edited a comment from a reader taking out disrespectful language – here is what came back
“I’m out” said Michael Drake. He added: “I appreciate the Gazette trying to cover these issues but can’t abide censorship of any kind. Time to go yell at some clouds.
“Good luck everyone (that includes you too James).”
The comment that we edited removed the name calling. We wanted the comments section to be a place where civil, civic conversations could take place. So Michael will no longer be with us because he feels respect for those we share this planet with is akin to censorship.
James Schofield put it very well when he said in the article that “I think the recognition that commenting on your site is a privilege, not a right, and certainly not a “free speech” right, is also important.”
Civil, civic conversations. If you can’t do that – don’t waste your time writing.
Related content:
Lancaster calls for a Task Force
Whose interests are being served
By Staff
February 13th, 2018
BURLINGTON, ON
There are brands that we place huge amounts of trust in.
 When we see their corporate logo we assume it is a safe place and that the service they provide is rock solid.
Thus it came as a bit of a shock to note that the scam artists were using one of those trusted brands to mislead people and begin the process of stealing their identity and then their money.
 The gullible and the greedy might think some luck has come their way. The telephone company is not going to send you money – there is someone behind this kind of email notice who wants to take advantage of you. The telephone company is not going to be sending you a refund that you had never heard of before.
The internet has made it possible for all kinds of knowledge and ideas to be shared. We can communicate in a way we were never able to communicate before.
The wonderful technology also allows thieves to take advantage of people.
Beware, be cautious, be vigilant.
By Staff
February 12th, 2018
BURLINGTON, ON
When we published the story on the Taylor farm and the house on the property at Appleby Line at Mainway we didn’t have access to much in the way of pictures.
A Gazette reader with a keen interest in heritage had taken some snapshots and made them available to us.
 Backhoe sitting on the plot of land where what became known as the Taylor house existed. Not only was the structure the last farmhouse in what was once called Appleby Village it was demolished without a permit.  Burlington once had many houses like this – they were the homes of farmers who worked the land that is now covered by six lane expressways and factories. Prize Short Horn cattle and proud Clydesdale horses were in the field and milk sold for 10 cents a gallon and one cow earned the farmer $5.34 “We all understand that we need to progress and modernize” said our reader, “ As long as it is done with collaborative stewardship.” Nothing collaborative about the sound of a backhoe tearing away at the walls of a house that is the last piece of what was once a small village.
This is one of the last remnants of the Village of Appleby, which was almost entirely demolished in the 1950s to make way for service roads for the expanded QEW. The house is set back from the road, with a well kept lawn and rows of trees on either side of the house. The landscaping is traditional.
It was built in 1896 for Charles Fothergill; there is a date stone and name found engraved in the chimney.
In 1877 the property was owned by John Fothergill.
 Somewhere in that rubble there is a stone with the date the house was built and who it was built for – the people who arranged for the demolition chose not to collaborate with the city to salvage some of our history – no wonder we know so little about ourselves. According to Memories of Pioneer Days, pp. 171-172, John Fothergill was the only son (of ten children) of Christopher and Frances Fothergill, who immigrated from Applbey, Westmoreland, England to settle on this new world Appleby Line in the early 1830s.
John married Charlotte Tuck and in 1878 purchased the Balsam Lodge farm from Arnanda Baxter.
In 1889 Charles, their eldest son, married Amelia Cole and took over this part of the Fothergill farm property on the east side of Appleby Line. His younger brother Christopher went to the Yukon and is mentioned in Laura Berton’s book, I Married the Klondike…
The third son, Thomas, married Lucy Matthewman of Appleby and farmed the Fothergill property on the west side of Appleby Line.
 The city crest pays homage to a proud past. According to an article by Alana Perkins in the 24 May 1997 issue of the Spectator, their house was the Lucas Farmhouse which was dismantled, moved, and rebuilt at the (former) Ontario Agricultural Museum at Milton.
According to Murray Fisher’s ‘Farewell to the Garden of Canada’ (1984), this farm was owned by H. Featherstone, Mixed farming, sold to J. Taylor, Mixed Farming.
Ruth and Jack Taylor were the last people to live in the house.
The property is identified as “employment land” and given its location that is likely what it will remain as.
One wonders if that stone with the date and name were recovered during the demolition.
There are rules against tearing down a building without a permit. The fine is reported to be $2000 an d it is the city that will have to take any action that is going to be taken.
Expect the city manager to be tough on this one.
By Staff
February 12, 2018
BURLINGTON, ON
Ward 6 isn’t going to have an admirable candidate to contest the council seat in the October municipal election.
 Kathleen White,Chair of the Heritage Advisory committee has decided this is not the time for her to run for public office. Kathleen White said she has “a lot on my plate personally and as such will not be in a position to run for Council this fall.
“It has always been an interest of mine to run for City Councillor but more importantly to serve my community.
“I would hope in the years ahead, I will be in a position to do so.
In the meantime, I will carry on, through Heritage Burlington and perhaps other volunteer opportunities, to continue to have an influence on decisions and opportunities that would affect and strengthen our community.
By Staff
February 11th, 2018
BURLINGTON ON
The issue that has some of the people in Burlington quite upset is the subject of two Open Meetings this week; one at city hall and another in the Alton community at the Haber Recreational Centre.
These meetings are an opportunity for the public to ask questions; in its announcement the city has said there will not be formal presentation at the Open meetings but planning staff will be on hand to answer questions.
The proposed new Official Plan articulates Burlington’s vision to the planning horizon of 2031 and beyond, and has been developed in recognition of the opportunities and challenges ahead as the city continues to evolve.
The 421 Brant development has been approved by city council. The project went through some significant changes and was originally going to be a 12 storey structure that was a rather squat and unattractive looking building. There were also extensive negotiations between the developer and the planners. The issue for some is the high rise towers that are going to be built in the downtown core. A 23 storey structure has already been approved by city council on a 5-2 vote. A second application has been submitted for a 24 storey structure across the street from the 23 storey tower.
 An application for this 24 storey tower was submitted last week – it is across the street from city hall. Two Open House opportunities:
Monday, Feb. 12, 2018
6:30 to 8:00 p.m.
Haber Community Centre, Community Room 2-West
3040 Tim Dobbie Drive
Thursday Feb. 15, 2018
6:30 to 8:00 p.m.
City Hall, Room 247, level 2
426 Brant Street
These two meetings will be followed by a Statutory Public Meeting at which people can delegate and provide comments to City Council on the proposed new Official Plan (February 2018), and for Council to consider the feedback prior to adopting the new Official Plan.
The provincially mandated Statutory Public Meeting will be held on:
 The red outline is the location of the approved 23 storey tower – the black outline is the location for a 24 storey tower application that was filed with the city last week.  This part of the downtown core is under immense development pressure. Most of the property on Brant Street as far north as Fairview has been assembled. The city is dealing with at least ten more that are in the que waiting for a the planners to get to and through all the supporting data. Tuesday, Feb. 27, 2018
1 p.m. and 6:30 p.m.
City Hall, Council Chambers, level 2
426 Brant Street
Delegations are invited to register but are not required to register in advance to speak. All delegations are expected to be accommodated in the afternoon or evening session. Additional time may be scheduled if required.
The Official Plan is a statutory document that sets out land use policy to guide growth, land use planning and development approvals in Burlington. The Planning Act requires that municipalities revise their Official Plans no less frequently than 10 years for a new official plan and every five years for an update to an official plan.
The City initiated an Official Plan Review project in 2011 which included policy, research, analysis, studies, staff reports and community feedback on a number of topics. The review of the City’s current Official Plan demonstrated significant changes were required to the document to reflect the city’s new priorities established through the city’s Strategic Plan. As a result, a new Official Plan was prepared.
The proposed new Official Plan project was undertaken to clarify Burlington’s local vision for the future, as well as to conform to Halton Region’s Official Plan. It also implements Council’s direction to accommodate growth within the urban area and protect Burlington’s rural boundary. The Plan directs growth in Burlington based on the principles of protecting the natural environment and agricultural lands, building healthy communities, increasing travel options, making efficient use of existing and planned infrastructure, and maintaining a strong economy.
The proposed new Official Plan (February 2018) contains revisions based on feedback received at the November 30, 2017 Statutory Public Meeting and January 23, 2018 Public Meeting, and through written submissions. The proposed new Official Plan also contains the proposed new Downtown Precinct Plan and associated polices, resulting from the Downtown Mobility Hub Area Specific Planning process.
The proposed new Official Plan (February 2018) as well as a tracked change version can be accessed:
• online at www.burlington.ca/newop
• for viewing at the Clerks Department (City Hall, 426 Brant Street, Main Floor) from Monday to Friday 8:30am to 4:30pm.
• for viewing at the City’s public libraries.
A staff report concerning the proposed new Official Plan (February 2018) will be available for public review on February 16, 2018. This report will provide an overview of the changes made to the Official Plan based on the feedback received on the proposed new Official Plan (November 2017). The report will be available on the City’s website at www.burlington.ca/calendar by searching for the meeting date for the Planning and Development Committee, which is a standing Committee of Council. Copies of the reports can also be picked up at the City’s Clerks Department on the main level of City Hall.
Since this is a Statutory Public Meeting, you do not have to register in advance in order to speak. Speakers are limited to a maximum of 10 minutes each and are webcast online. If you have presentation materials, they must be submitted to Ms. Rudy by noon the day before the meeting to allow for their distribution and review by all members of the Committee. Please note, the content of all submissions is considered to be public and will be posted to the city’s website.
A staff report recommending adoption of the proposed new Official Plan is scheduled for consideration at the April 4, 2018 Planning and Development Committee meeting.
If you wish to be notified of the decision of Burlington City Council on the proposed new Official Plan, you must make a written request to Jo-Anne Rudy, Committee Clerk, City of Burlington, City Hall, 426 Brant Street, P.O. Box 5013, Burlington, Ontario, L7R 3Z6.
 Citizens listening to or waiting to delegate at city council. If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Burlington before the proposed new Official Plan is adopted, the person or public body is not entitled to appeal the decision of The Regional Municipality of Halton (the approval authority) to the Ontario Municipal Board.
If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Burlington before the proposed new Official Plan is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party.
 City Councillor Marianne Meed Ward has pressed her colleagues to defer the adoption of an Official Plan until after the October municipal election. Two critical meetings have already taken place at city hall on the re-write of the Official Plan – November 20th, 2017 and January 23rd, 2018.
Both were contentious; the January meeting heard 35 delegations of which 34 were opposed to the plan as it was written and the time line. The one in favour of the plan and the time line attached to it turns out to have been the planner who has been hired by the developer, Revenue Properties who submitted an application for a second high rise to go up on Brant Street across from city hall.
Many feel the time line is just too much too fast and have asked that any adoption of an Official Plan be delayed until after the October municipal election. Councillor Marianne Meed Ward was the mover of the motion to defer and the only person who voted for it.
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