 By Pepper Parr
March 6th, 2020
BURLINGTON, ON
It is still coming out in dribs and drabs but at least the people who are going to have to pick up the tab for the legal challenges to the January 30th council decision unanimously approving the revised recommendations from the findings of the Interim Control Bylaw (ICBL) Land-Use Study, including the approval of the proposed Official Plan (OPA) and Zoning Bylaw (ZBA) amendments resulting from that study, now know a little bit more.
The Council decision was made before the one-year ICBL deadline of March 5, 2020.
In remarks in the Mayor’s March Newsletter we learn that:
“The recommended OPA and ZBA are the result of an extensive technical review by third-party consultants and City planning staff, public input (including written and oral submissions from the development industry), and Council deliberation.
 Mayor uses March Newsletter to dribble out a little bit more information on the legal challenges to the recent flood of appeals to LPAT. “Our current Official Plan (OP) is in full legal compliance with all applicable provincial documents, as are its approved updates, after the province’s Places to Grow Act and the density targets that were established and embedded into our OP. This latest update dealt with better defining the Major Transit Station Area (MTSA) that to this point had never been defined.
“Since Council’s decision on Jan. 30, the City’s OPA and ZBA have been appealed to the Local Planning Appeal Tribunal (LPAT). These appeals will extend the ICBL’s development freeze on the downtown and Burlington GO area until they are resolved. It’s important to note, the appeals to the City’s ZBA are what caused the freeze to continue — the OPA appeals would not have.
“The bulk of the number of appeals dealt only with the OPA. If the remaining appeals are resolved quickly, the development freeze would be lifted. It is typical and expected that the most likely course of action may be a grouping of these appeals to LPAT, where they address similar issues. That remains to be seen.
“Official plans are constantly changing. Burlington’s OP has changed 119 times (since 1997). Some of those changes the City initiated, others were developer initiated (those who had applied for OPAs and ZBAs). Plans never stay the same and we have a legal obligation to update our OP every 5 years. Those updates can be through minor tweaks or complete overhauls — Burlington has done both in its history.
“Changing an OP is normal practice, as is the number of appeals and reaction when a significant change to an OP is made.
“In the past, the City of Burlington has found itself in a difficult situation when staff’s and Council’s positions related to our OP differed — that is not the case now. Our City also found itself in a difficult situation when it gave away height and depth to development applications that far exceeded what was in our plans out of fear of being taken to the LPAT. Not only was that precedent-setting, but it sent the message that our City would make significant exceptions at the mere threat of an appeal.
 Mayor Meed Ward: Stay the course — your Council and City staff will be doing just that. “We’re not doing that anymore. We are now making decisions that are founded on sound planning principles based on evidence and a one-year independent consultant study. That is what residents expect us to do. The City of Burlington did not elect me to surrender. We will defend the policies we created — and were unanimously-approved by Council — vigorously.
“These policies also reflect the vision of staff, council and our residents for the future of our city and we will remain steadfast in our commitment to ensuring the right development in the right place at the right scale.
“I recently received a note from a resident that said they knew this wasn’t going to be easy, but to stay the course — your Council and City staff will be doing just that.”
It is now clear that the Mayor, the senior planning people, the city’s solicitor and, perhaps, whatever outside counsel the city has hired, have spent a lot of time going over the documents – which the public has yet to see.
Whenever politicians withhold information, or slip it out on a Friday afternoon, you know that the full story is not being told.
A tighter look at the Newsletter content tells us that “the appeals to the City’s ZBA (Zoning Bylaw Amendment) are what caused the freeze to continue — the OPA appeals would not have. Not sure what the relevance of that is – we will talk that over with our planning consultants.
The “bulk of the number of appeals dealt only with the OPA”, which the Mayor tells us can be dealt with very quickly.
 Politicians tell you what they want you to know – seldom do they tell you everything you are entitled to know. We have a Mayor who touts the importance of media but has yet to call a media conference and make herself available for questions. There was a time when you couldn’t keep the woman away from television camera lights.
Meed Ward was once very fond of using the phrase “truth to power”; haven’t heard that one from her lately have we?
 By Staff
March 6th, 2020
BURLINGTON, ON
The developers who are either building residential towers that are 20 stories plus or have applications to build have a point of view.
Few of them do interviews but they do have trade journals that will publish what are really “canned” paid-for articles setting out their view of developments in Burlington.
Nick Carnicelli, president of the Halton Hamilton Home Builders Association, gave his view on the Outlook for 2020.
Carnicelli is a major Burlington developer with one project completed, another with shovels in the ground and a third that is a concept at this point.
 Nick Carnicelli, President, Carriage Gate Homes He was interviewed by Condo Life, a magazine that promotes developments and provides background information for people in the housing market. We are reprinting that article.
Condo Life: How do you see the outlook for the new home industry in 2020?
Carnicelli: We are going to see a very positive market. Spring will be very strong, with a number of very exciting projects coming forward. A diverse selection of housing will be available that will meet the many needs of new-home buyers. With interest rates remaining relatively low, and a strong influx of immigration, the economy will remain strong.
CL: And for your company?
Carnicelli: We think 2020 will be Carriage Gate‘s biggest year, following a very exciting 2019, with the launch of our Roxborough Park development. This is the largest development we have ever been involved in. The project will feature a dynamic and affordable mix of housing types in Hamilton’s east end – three-storey towns, back-to-back towns, affordable and market rental apartments.
CL: What is your company doing to address the issues facing the home-building industry – namely, affordability and new home supply?
Carnicelli: Carriage Gate continues to innovate and bring new products to market to address housing supply and affordability. We work with a talented team of individuals and many of the industry leaders to meet homeowners’ needs. Our newly expanded construction team will lead, our renowned architects and creative consultants will innovate, and our customer-centric team at Carriage Gate will push the envelope to find new creative approaches to homeownership. The Roxborough Park master-planned community coming in spring 2020 will introduce a wide variety of home styles and address more affordable housing options.
CL: What more could the industry do to address these issues?
 Nick Carnicelli – the man with four towers either built, under construction or at some stage of application Carnicelli: The building industry must not be complacent. We must continue to work with all levels of government to spearhead many of the changes needed to support our ability to provide affordable, high-quality housing to meet the needs of a diverse range of home-buyers. Our industry does more than just build housing. We must work together with our municipal partners to create “whole” communities with a full complement of services and amenities to improve the quality of life, not only for the existing residents but for future generations.
Now more than ever, municipalities must work together to bring forward the changes needed. In many instances, the municipalities may not have a staff complement that is familiar with the types of development and redevelopment proposals that we’ll be bringing forward. These municipalities need our continued support. At Carriage Gate, we work closely with our municipal colleagues to promote the efficient review and consideration of new applications and many of the new and emerging municipal initiatives that fundamentally impact our business. We encourage the building industry to do the same.
CL: What should prospective new-home buyers know about your company for 2020?
 Carnicelli’s proposed development for Lakeshore Road and Pearl Carnicelli: We are committed to continuing to bring innovative and high-quality projects to market. Construction will move into high gear
 The Gallery – under construction opposite city hall at Gallery Lofts + Condos in downtown Burlington, with occupancy planned for 2022. Roxborough’s new master-planned community will come to market, in which Carriage Gate will play an integral role in the revitalization of downtown Hamilton, with the launch of one of the city’s biggest inner-city developments. We will forge ahead with the planning of a number of new condo projects through public engagement and consultation with our key stakeholders, and are looking forward being a part of downtown Burlington’s exciting evolution.
CL: Why should prospective new-home buyers consider buying from Carriage Gate in 2020?
Carnicelli: Burlington may just be the best place to live in Canada. It offers residents a safe and friendly environment as well as fabulous restaurants, shopping, festivals, events, a culturally rich arts community, and access to the Niagara escarpment.
 Sold out – occupied. The development was part of a three phased project – the other two are going nowhere at this point. Carriage Gate’s first downtown condominium, The Berkeley, geared to transitional buyers who appreciate a luxurious hotel-style environment, occupied earlier in 2019.
Our next project, Gallery Condos + Lofts at 421 Brant Street, is now under construction, with occupancy to begin in 2022. Located directly across from City Hall in the heart of downtown, Gallery Condos + Lofts is within walking distance of everything you could imagine.
 On Lakeshore as you enter the downtown core. If built it will be stunning. and change the way Burlington is seen as a city. Available suites range from 500 to more than 1,600 sq. ft., with layouts that will appeal to everyone from young buyers looking for their first home, to mature adults seeking to downsize, but who still want space for entertaining family and friends. Carriage Gate continues to be an integral part of downtown Burlington’s exciting evolution, with a number of projects in the planning stages.
Specializing in the construction of high-quality homes, modern condominiums, commercial developments and urban high rise communities, we embrace the future, appreciate the past and celebrate the dedication that has brought us to this point, where we can ensure our commitment of being “Home to New Living.”
 By Pepper Parr
March 6th, 2020
BURLINGTON, ON
The frantic emails came in at 5:47 pm; then 5:55 pm and again at 6:04 pm
The writer was frightened – the person had written a comment in the Gazette on the Millcroft story and thought she had to provide her full name for authentication.
Her comment, which is published as Name Witheld said:
Where is this developers conscience? How much money is enough? For residents who have their life savings in their home, with respect Mr. developer, how do you sleep?
These are seniors, couples, families who invested in a dream. We live both on and off the golf course. We are not rich, we work hard because we love our community, our schools, and our greenspace.
Safety? Please do not hide behind this pathetic excuse. Sweet dreams, Mr. developer.
You have one hell of a fight coming your way!
The emails to us went:
I am a resident of Burlington who today wrote a Letter in response to the MAD story. I did not know that you would use my full name. Could you please remove my last name and just call me xxxx. I am very frightened as I’m alone with two kids right now. I did not intend for my full name to go out there. Please can you help me. It says it is being reviewed.
Minutes Later
Please do not use my name in the opinions column currently being moderated. I thought I had to put my full name just for you to authenticate. I am a scared mother of 2. Please either remove or change my name to xx.
Thank you! Please let me know ASAP
Later
Hello I mistakenly used my full name in your editorial option section about Millcroft March 4.
Could you please remove the opinion or at least write me as xxx not my full name. I thought I had to leave my name for authentication. I did not want my last name used. Please help me.
Please understand I’m terrified.
Later
Hello, I wrote an opinion on the mad article. My name is xxx xxx can you please not use my last name. I am a scared mother as it is. Please just call me Please. I’m going to lose sleep over this. I thought I had to put in my full name.
Thankyou… please either erase it or just use my name xxx.
 The full colour is part of the housing stock Argo Development wants to add to the Millcroft community. The grey part is development that already exists. We published the comment and find ourselves asking: what kind of a city is this – that a person would fear that they would be harmed for saying what they think.
The number one city in the country eh!
Related news story:
Scope and scale of the development
 By Pepper Parr
March 5th, 2020
BURLINGTON, ON
Those troubling 31 appeals to the city changes in the Official Plan?
Here is what we know.
On January 30th, the city passed an amendment to the Official Plan and made changes in the zoning for some of the property.
The city had the power to do that. Most of the current council was elected to bring about a change in the Official Plan and the zoning bylaw.
 The Mayor declared at the time that it was an historic day for the city. It may well be historic – but for a different reason.
Anyone who doesn’t like the change in the bylaws, in this case the Official Plan and the existing bylaw regimen, has the right to appeal.
No one expected or was prepared for the 31 appeals that were filed within the 20 day appeal window.
 Heather_MacDonald, Executive Director – Planning. Executive Director Heather MacDonald did say that appeals are not unusual and there were hints from some of the planners and legal counsel that were delegating to city council that appeals might be forthcoming.
But 31 of the things? That is astounding and troubling on several levels.
We do not yet know just what the appeal documents say. We do know, or suspect, that they are appeals against the change in the Official Plan and the change to the zoning bylaw. Even that is speculation – the public has not seen the documents. The Mayor has, the Executive Director of Planning Heather MacDonald has, as has Nancy Shea Nicol, the Executive Director – legal.
We know that the members of Council have been briefed – to what degree is not certain. They have all lost their tongues.
The 31 appeals that were filed were delivered to the City Clerk. The Clerk has 15 days to send the appeal documents along to Local Planning Appeal Tribunal ( LPAT), the body that hears the appeals. That 15 days is reported to end on March 12th.
The members of LPAT are appointed by the province who, recently, appointed additional hearing officers and, troubling, decided not to re-appoint some hearing officers who had the reputation of being concerned about the environment but appointing several that come from within the development industry.
 Marianne |Meed Ward: A Mayor with a vision and an agenda that has run into some heavy waves. The Mayor has said she would make the appeals public but has yet to do so.
At some point the specifics of each appeal will become public.
In the meantime people in Burlington who pay attention to these things are concerned about:
1) What is it going to cost the city to fight 31 different appeals?
2) What if the city loses at the LPAT level – going to Cabinet with a request to overrule LPAT isn’t viable with the current government.
3) Will losing the appeal mean that all the work done on a new official plan for the city is now all for naught?
4) And what if, adding insult to injury, the city is stuck with the costs of the appellant?
It is the uncertainty that bothers the people the Gazette is hearing from: “Can’t the Mayor say something” is the phrase we are hearing most often – and not from just a handful of people. Scores is a better unit of measure.
Was the Mayor in over her head with the approach she took?
Did she ask the hard but appropriate questions to staff – like what could go wrong?
Risk is now a hot topic for the bureaucrats at city hall: was the risk on the approach taken by the city fully considered?
These are not polite questions but the answers are critical.
 Meed Ward was superb in the TVO debate – well prepared and new when to pounce. The city isn’t seeing that same person during the troubles with the Official Plan amendment appeals. Marianne Meed Ward talks frequently about the need for media that serves the wider community and makes mention of her experience as a journalist. She was never a journalist – she has been an editor and did write a column for the Toronto Sun. She is very effective on television panel discussion programs. She was stunning on the TVO election debate.
Developers looked at the rules that were put in place when the Urban Growth Centre was accepted back in 2006. The city didn’t have to accept what the province handed out – Oakville didn’t. They negotiated different boundaries for the UGC.
The Mayor has hinted strongly that she intends to approach the province for a shift in the UGC boundary to something that begins at about Caroline Street rather than the current Lakeshore as the southern boundary.
 Nick Carnacelli, centre, listening in on a conversation between Mark Bales on the left and Rosa Bustamente a city Planner. Bales is a senior vice president with the Carnacelli real estate interests. The appeal situation is troubling – we don’t believe anyone expected the volume. The development community is making this their stand on what the current Mayor, and most of her council, want for the city.
The odds at this point are not on the side of the city.
Is the Mayor fiddling while the city burns?
She does use social media to get her story out but has yet to hold a media event where direct questions can be asked. Social media is, unfortunately, a one way tool – the writer says what they want to say and while you can comment there is really no give and take. The politicians love it that way – but it isn’t healthy for a democratic society.
Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.
 By Staff
March 6th, 2020
BURLINGTON, ON
Burlington may have five retail cannabis operations but they aren’t getting all the business. The illegal market appears to be doing quite well.
Some of the illegal competition is having problems with the police.
The Halton Regional Police Service – Burlington Street Crime Unit concluded a three month drug trafficking investigation. On Wednesday March 4, 2020, two males were arrested and charged with the following offences:
Charles Micallef (38) of Burlington
-Possession for the Purpose of Trafficking (Cocaine) (2 counts)
-Possession for the Purpose Trafficking (Psilocybin)
-Possession for the Purpose Trafficking (Clonazepam)
-Possession of a Prohibited Weapon
Andrew Kreston (36) of Oakville
–Trafficking (Cocaine)
 Police version of a photo op A search warrant was conducted at a Burlington residence and the following drugs were seized:
-23 grams of cocaine
-2.1 grams of psilocybin
-129 Clonazepam Pills
Anyone with information in regards to this investigation is asked to contact Detective Scott Heyerman of the 3 District Street Crime Unit at 905-825-4747 ext. 2342.
Tips can also be submitted anonymously 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 Staff
March 4th, 2020
BURLINGTON, ON
When an individual finds that they have become a victim of a fraudulent act or a scam there is embarrassment and shame and often significant loss.
All too often the victim decides not to inform the police. There are very good reasons to keep the police in the loop.
 Towards that end the Halton Crime Stoppers, in partnership with the Halton Regional Police Service, will be hosting a free information session on Frauds and Scams on March 12, 2020.
March is Fraud Prevention Month and Crime Stoppers of Halton and Halton Regional Police Service know that information is the key to preventing these types of crimes.
Recognize, reject and report fraud!
The free Frauds and Scams seminar will take place at the Halton Regional Police Headquarters, Community Room, from 11:00AM – 1:00PM, on Thursday March 12, 2020.
Space is limited and pre-registration is required. Registration and information can be found at www.eventbrite.ca/e/fraud-awareness-seminar-tickets-92725680005
This seminar will highlight tactics utilized by fraudsters to collect your personal information, solicit funds, and/or compromise your security. We will also be providing tips on how to protect yourself and how to avoid becoming a victim of a fraud or scam.
 By Staff
March 4th, 2020
BURLINGTON, ON
Conservation Halton reminds residents of dangers that can exist near streams, rivers, ponds and lakes around this time of year and urges people to keep family and pets away from any water’s edge.
 This is not where you want your children playing. Spring is quickly approaching and with warmer temperatures, people look forward to getting outdoors. Warmer temperatures, however, also usually bring rain, melting snow and shifting ice which can contribute to higher, faster flowing water in watercourses.
Although Conservation Halton’s watershed received a typical amount of snow this winter, the warmer temperatures experienced through January and February has resulted in an early snowmelt.
Notwithstanding, the ground within Conservation Halton’s watershed remains saturated in many places and in periods of intense rain, there could be a higher amount of runoff in a much shorter interval than usual. In addition, slippery and unstable streambanks and extremely cold water temperatures can also lead to very hazardous conditions close to any body of water.
 Be safe this spring and remember the following tips:
- Keep family and pets away from all bodies of water
- Avoid all recreational activities in or around water
- Where you can, move objects such as chairs or benches away from the water’s edge to avoid losing them during the spring high water
By Staff
March 4th, 2020
BURLINGTON, ON
If you live in Millcroft – you know all about this issue – Millcroft Greens is proposing a residential development on the Millcroft golf course. This development has the potential to significantly decrease existing property values, increase traffic, disrupt ecosystems and wildlife, reduce green space, lead to the rezoning of existing school districts, overburden infrastructure, and alter the character of one of Burlington’s most iconic neighbourhoods.
 The residents set out to create a non-profit organization called “Millcroft Against Development” (MAD) with a mission to preserve the integrity of the existing Millcroft golf course and retain its original and current zoning of “Zone O1 – Open Space.
The developer has chosen to portray the development of additional housing on gold course land as a public safety issue – the residents aren’t buying it. They argue that the “recreational green space defines the Millcroft we all chose to make our home. It is the heart of the community and our purpose is to keep it whole. “
The development proposal eliminates the existing 6th and 7th holes entirely, shortens the 1st and 16th holes, and adds 98 new homes and several new roadways to the land. We believe that this proposal is merely the beginning of residential development of the entire golf course, with this phase alone eliminating a staggering 411 mature trees from our neighbourhood.
 It started out as a golf course that housing was built around – the residents loved it and paid a premium to live in Millcroft. The developer held a meeting in February at the Burlington Convention Centre where a development proposal was presented to a select group of residents whose properties would be most adversely affected. The developer cited “safety concerns” of errant golf balls as the impetus for the proposed development – calling it a public safety issue.
The presentation included a compensation package for the invited residents, which many view as a covert attempt to buy approval of its developmental plan.
A public meeting is to take place on March 23rd, at the Burlington Convention Centre.
It will be a doozy. There are 728 people registered on the web site opposing the development.
The City of Burlington has not yet received a formal development application from Millcroft Greens for this property.
Related new articles:
The scope and scale of the proposed development
 By Pepper Parr
March 4th, 2020
BURLINGTON, ON
The Gazette prides itself on maintaining a comment section. It gives space to people who have no other way of voicing their concerns. Are they always right? Hell no – there are a couple that are close to certified crackpots who entertain if nothing else; see it as our comics section.
The current flood of appeals to the LPAT has arguments on both sides of the issue. The following are comments that deserve a wider audience – thus our decision to publish them as opinion pieces.
 Albert Facenda, a small Burlington based developer Albert Facenda responding to Gary and Graham:
Gary and Grahame. You are correct that in 2005/2006 council conceded the downtown to the wishes of the Province. I believe it was the Liberals at the time. Our Mayor ran as a Liberal in 2007. Do we have any evidence that she was opposed to these decisions at the time?
Is she protecting the citizens of Burlington from over development in the downtown core as you have pointed out? I think not.
Environmentalists created the Green Belt with their doom and gloom scenarios. The Greenbelt created the shortage of land, creating Intensification the “Build up not out philosophy.” I don’t like intensification. But I will tell you the town of Grimsby was voted 2nd to Burlington as the best City to live in category. Take a drive through there and you will see construction everywhere. I predict Grimsby will be #1 this year. One of the reasons would be that it is the place to raise your family for those who can’t afford to live in Burlington. Remember what the Mayor said: ”The Downtown is only1% of Burlington” a significant number according to her.
 Tom Muir, once described as “acerbic” Tom Muir in reply to Anne and David Marsden.
The appeals will be made public in due course. That is how it works.
In any case, what would you folks do with all the details of all the appeals?
This is a huge number of appeals at once and I would think that this was in fact expected by the city, or at the least, not a surprise. Didn’t surprise me.
The quality of the appeals at this stage is largely irrelevant. They seek to change the entire approved development rights for likely the entire downtown and GO station planning areas to what the appellants want. They want more at any cost it seems – it’s that simple.
It is possible to appeal an entire OP and Zoning. This is not about specific applications and proposals. It’s a grab for the whole enchilada, a saturation bombing.
By Staff
March 3, 2020
BURLINGTON, ON
Taxes is one of those inevitables.
 Even if you don’t owe any money to the government – you have to file a tax return in order to get the benefits that are available to low income people.
The tax forms do not get any easier.
There is help available.
Burlington MP Karina Gould, who is also the Minister of International Development, has arranged for tax experts to meet with anyone who needs help with completing and filing their income tax return.
 By Pepper Parr
March 3rd, 2020
BURLINGTON, ON
A source advised the Gazette that “We get our quarterly legal update on March 10th I think …. there will be something in there at least to get the ball rolling.”
 Mayor might want to re-think that “historic day for Burlington” comment when the Official Plan amendments were made. Why, one asks, is the ball not rolling much faster, especially after the Mayor said on February 27th, that the “City will share more information on the ICBL appeal process and timelines as they become available, as well as details about the nature of the appeals where we can.”
The documents are public. The city Clerk was the person the documents had to be given to. The Clerk bundles the data and sends it along to the Local Planning Act Tribunal (LPAT) who schedule a Conference to get the process started.
Nothing confusing about that. All the city has to do is issue a Statement setting out the facts and people can settle down and wait. It may well be that LPAT has never run into a situation quite like this – 31 people appealing the Official Plan Amendment 119 and Zoning By-law Amendment 2020.418 that were passed by council on January 30th, a date the Mayor said was an historic one for the city.
We learned this morning that the city has 15 days to get the Appeals it accepts (they have to accept every appeal) into the hands of the LPAT.
That means LPAT is to have the Appeal documents in hand no later than the 12th of March.
Why does the Gazette have to get this information in dribs and drabs from readers? It is when information is withheld that the public gets concerned.
 This is how the system works. It is important to remember that the Official Plan Amendment and the changes in the zoning bylaw came out of a Land Use Study done for the city by Dillon Consulting.
That study was lengthy and full discussed and debated at Standing Committee meetings and at City Council. One of the prime objectives for the city was to come up with Official Plan Amendments that were defensible at LPAT hearings.
The consultants assured Council that in their view the changes being put forward were defensible.
There is no mention that the Gazette is aware of that had the city’s legal department giving an opinion on the defencibilty of the changes nor are we aware of any opinion from outside council on just how defensible the changes are.
Once the LPAT hearings take place we will find out if the consultant was right.
By Pepper Parr
March 3, 2020
BURLINGTON, ON
Many are eagerly awaiting the public release of the corporations or individuals who filed appeals against the amendments and the zoning changes approved by Council January 30th.
The Gazette assumed that it was just a matter of getting the paper work done.
That was until we got the following from a member of council.
“I think you should be digging into why we aren’t allowed to tell who appealed and why. That’s the info I want out.”
Really?
No need to identify the Council member on this one – what is critical is – just why the information isn’t public and who has their thumb on it.
Somewhere within either Planning or Legal (perhaps both) there is a thumb keeping the forms on their desk.
 FormerWard 3 Councillor John Taylor A number of years ago there was an issue that has been discussed in public at the Region that was discussed in Closed Session of Council in Burlington. Then Councillor John Taylor said he would stand in the atrium and release the information publicly if council did not talk publicly.
All it takes is for just one Council member with the courage of their convictions to stand in the atrium and read out the list of names.
 Marianne Meed Ward is on the other side of the podium this time – speaking as the Council member for Ward 2 and using the word transparency. Mayor Meed Ward used to use the word “transparency” at every opportunity – it just might be tattooed somewhere on her. Could the people that voted for her not nudge here and suggest she live up to the promise made on October 18th, 2018
Related news stories:
ICBL not to be repealed – it will just die March 5th.
The 31 appeals are announced with a lengthy explanation.
By Pepper Parr
March 2, 2020
BURLINGTON, ON
In comments made when the Amendments to the Approved but-not-in-force Official Plan were passed by Council they argued that it took some time to get it right to have an Official Plan that could be defended at LPAT hearings.
 Executive Director Heather MacDonald, centre, taking all the questions during discussion on changes to planning policy. In a comment attached to the Media release sent out late last week Executive Director Heather MacDonald, who handles the Planning files, said it is not unusual for there to be appeals to Official Plan changes.
I don’t think she was ready for a total of 31 appeals (and counting?)
Lisa Kearns the Councillor for Ward 2, where much of the planned development is to take place, slipped some comments onto her Facebook page saying it was “important that you know what’s happening at City Hall.” And added that “This week marked the close of the appeal period for the planning policies that were approved by Council on January 30th for the lands in the Interim Control By-law (ICBL) boundaries.
 A detailed explanation on what has and probably will take place – didn’t hear much of this during council debates. When the amendments and the zoning changes were voted on it was hailed as an historic day for the city. “The ICBL (development freeze) will continue as a result of appeals which prevent the policies from going into effect. It is important that your Councillor provides clear and understandable information about the process. Many have keenly followed this year long process as City Hall sought to address issues of growth pressure and how transit designations affect growth
Why are we here today?
“The community asked me to deliver on pushing the city for a more sensible approach to growth and accountability surrounding development. I have been steadfast in keeping residents up to date on the approach Council has undertaken to achieve this.
“We have made it clear there is no simple approach or ‘silver bullet’ to untangle the complex systems that support planning applications that are not compatible with the community vision. A technical process has delivered solid planning policy that tightens zoning controls which address height maximums and podiums, street line setbacks, active transportation elements (ie: bicycle parking, mid-block corridors, streetscaping elements), and community institutional use.
“Through this process, areas within the ICBL boundaries were identified with no zoning designation, particularly near the Burlington GO. This means that the planning process everyone is familiar with through pre-consultation to statutory public meeting, and council decision do not apply to developments in these areas.
“The result is no public engagement, no community benefits, and no limits beyond the Building Code; applications go straight to technical Site Plan Approval. We have brought tighter zoning controls that the community supports in the land generally being downtown and at the Burlington GO.
 Councillor goes long winded then buries her remarks on a Facebook page. What does this mean to Residents?
“Burlington has committed to community responsive growth management that ensures growth respects council approved height and density for land use as set out in its planning instruments. For clarity, this includes the existing municipal planning policies, and any revisions from the Official Plan and Zoning Bylaw (ICBL) studies and recommendations. The resulting policies, that are now appealed, seek to deliver this for residents.
“This means residents can be confident that their elected officials are working in their best interest using the resources and tools best available. We will continue to defend these policies that represent good planning created by independent consultants.”
Councillor Kearns makes no mention whatsoever about what the city is really up against. The public has yet to actually see the appeals that were filed and thus don’t know what the appeal documents say. Nor does the public know who is representing the developers.
Has one law firm taken on the task of asking for the same thing in the appeals or will the city have to face 31 different lawyers?
A resident who managed to have discussions with the developers, said that they are very upset and believe they have a strong case. Only time will tell.
 Mayor’s claim “Burlington is Open for Business.” What we do know for certain is that nothing is going to get built inside the boundaries of the Interim Control Bylaw. And that cannot be good for business despite the Mayor’s claim that “Burlington is Open for Business.”
Councillor Kearns asks if the decision to make the Official Plan amendments and the zoning changes “was rushed”.
Her answer is no. Here’s why: “An interim control by-law is rarely enacted by a municipality because of the sheer magnitude of freezing development. Council voted to support Staff’s recommendation to enact this tool in the Planning Act as a response to:
• Growth pressures that continue to emerge for the lands in the study area where multiple pending developments propose intensities that are significantly higher than those anticipated by the 2018 Adopted Official Plan
• The role and function of the John Street Bus Terminal as a Major Transit Station Area (MTSA). Its designation as a MTSA was relied upon by the Ontario Municipal Board in its decision to allow a 26-storey development that was opposed by Council in 2016, citing that as a MTSA, the terminal could support intensities well in excess of those contained in the Official Plan.”
 Everything in that dotted red line is frozen territory from a development point of view. No cranes in those parts of the city. Kearns said: “I continue to stand by this decision and appreciate the strong position Staff bought forward for consideration. In the clearest terms, Staff would have been mandated to continue accepting and processing planning applications that vastly exceed in-force planning permissions. Essentially, it would be difficult to ever conclude a planning application for final recommendation without creating a new planning precedent. This is not an effective way to manage our city’s growth intentions.
“Were appeals expected?” Some yes but the 31 that came in the door in a few days must have been a shock.
“Did the City decide to extend the ICBL?” No, it didn’t. The moment an appeal came in the ICBL was locked and would stay in place until every last appeal is fully heard.
 A great day for all of them – now they get to sweat out the hard stuff. When the amendments were passed on January 30th, “Two scenarios were possible at the close of the appeal period on February 26th, 2020. The first would see no appeals to either the official plan amendments (OPA#119) or the zoning by-law amendment (ZBA 2020.418) that was approved by Council bringing the new policies into effect, and the subsequent lapse of the ICBL on March 5th, 2020.
“At that time, all new planning applications would be reviewed against said policies, resulting in a planning recommendation report either supporting or refusing the development application.
“… the second scenario has taken place. All it took was a single appeal to the zoning by-law amendment (ZBA 2020.418) approved by Council to extend the ICBL until such time the appeal(s) were dealt with by LPAT. The result is effectively extending the freeze on development for the entire land use study area.
The problem with this explanation by Kearns is that the impact of an appeal was never really discussed, unless Council did so in a closed session. The level of risk Council was taking was never detailed.
City staff did work diligently to meet Council’s commitment to complete the work within one year and lift the freeze on the lands within the ICBL boundary.
Here’s what happens next:
The City Clerk will compile the appeal record for all of the appeals filed and send them to the Local Planning Appeal Tribunal in order to schedule a Case Management Conference (CMC) at a future date under the LPAT which adjudicates conflicts during the process of land use planning.
Transparency:
“This council has committed to integrity and transparency on all issues, including the ICBL. Significant effort has been made to keep the public fully engaged and aware of each step of the process.” That doesn’t explain why Councillor Kearns published these comments on just her Facebook page.
To her credit she did say something. When asked by the Gazette for comments, Councillors Nisan, Sharman, Kearns, Bentivegna and the Mayor went mute.
 Councillor Stolte – listens and speaks when she knows what she is talking about – fiscally prudent as well. Councillor Stolte did send in a comment saying Councillors were informed of the appeals on the 27th and they were told then what that means – the ICBL would stay alive until all the appeals were heard. Councillor Galbraith said the original Gazette report and the clarification set out his position.
This story is far from over. It will plague council and might take a hunk out of their hides.
We will know more when the city releases the content of the appeals. You can bet that there is a lot of strategizing going on at city hall these days. Know too that the Legal department budget either has or will be getting a major boost.
By Staff
March 2, 2020
BURLINGTON, ON
Metrolinx is planning to transform and modernize its rail system with the implementation of the GO Rail Expansion Program – an investment program intended to provide:
More all-day service.
Service in both directions.
Trains every 15 minutes.
Faster and more efficient trains.
More accessible stations, and
An expanded Union Station.
At a well attended public meeting that was held inside the Burlington GO station the audience was told how: “This transformation will bring fundamental changes to GO Transit’s seven operating rail corridors. It will result in the implementation of over 205 km of new track and 680 km of electrified track that will be laid to allow for the more frequent and efficient movement of trains.
“Metrolinx has identified infrastructure requirements (i.e. new tracks, rail facilities, bridge modifications, crossing improvements).
“The organization is completing Environmental Assessments for these items. These EAs, together with their procurement, are called the OnCorridor (OnCorr) Program.
“Specifically, along the Lakeshore West Corridor, Metrolinx is proposing:
New tracks and track upgrades
A new layover facility (in the vicinity of the Burlington GO Station).”
When will all this happen? Not this year.
The biggest immediate concern is what will the new lay-over yard north of Fairview and west of Brant have on the city?
 Those yellow lines represent tracks that trains will sit and wait until they are needed for early morning shifts into to Toronto.
 By Staff
March 2, 2020
BURLINGTON, ON
Ann Marsden has filed an appeal against the January 30th council decision to approve amendments and zoning changes to the city Official Plan and the zoning bylaws.
She is one of a reported 31 appeals filed with the City Clerk.
Ann Marsden is not a developer. She has been a candidate for public office on a number of occasions. When she ran for the position of Regional Chair, against Gary Carr who has held that job for a considerable amount of time she garnered 48,136 votes against the 79,775 votes Carr received.
 The Marsden vote was consistent across the Region. Someone was listening to Marsden
In her appeal document Marsden said in a covering letter: “The reason for my appeal is that the January 30, 2020 Special Council Meeting was known by the Clerk (Angela Morgan) and the Chief Executive Officer of Burlington (Mayor Meed Ward) to be held outside Section 240 of the Municipal Act and City of Burlington Procedure By-laws: 64-2016 – current when the meeting was called and 04-2020- current when the meeting was held and were the legal framework for calling a Special Council Meeting.
Marsden will argue that the meeting was not properly called and that the Clerk took some short cuts that were just not kosher. Marsden’s document, like all appeal documents, is detailed, repetitive and at times confusing – but she does have a point – a technical one but nevertheless a point.
 Ann Marsden during an election debate. It revolves around whether or not the public was properly and full aware that there was going to be a Special Meeting of Council and did the members of Council take all the steps necessary to make the calling of the meeting legal.
Marsden has argued that “The Council, therefore, was without jurisdiction to make the decisions they did that lead to 31 appeals being filed before the end of day February 26, 2020.”
“As I understand it an additional 30 appeals to mine were registered by February 26, 2020. Thirty appeals constitute a very large amount of taxpayer, citizen and property owner monies and time being spent before we the taxpayers of Burlington can move on and begin to enjoy our downtown as we should be able to.
 Ann and David Marsden – delegating at city council. She does the talking, Dave takes copious note. They have been banned for a period of time from both the Regional Council and Burlington city hall. But they are back. “Given my appeal deals with there being no jurisdiction for Council to make the decisions on January 30, 2020 that are being appealed I believe in terms of efficiency it would be prudent to hold my appeal first and before the end of March. If I am successful in my appeal the balance of the appeals dealing with the decisions made on January 30, 2020 will be moot as there will be no decisions to appeal and an appropriate order can be made by LPAT in terms of a properly constituted meeting being held to approve the policies that support the Burlington OP. With the benefit of consideration of the points made in the appeals this may well see a better understanding of what can be mutually acceptable policies for developers and citizens that will work in Burlington.
“Further, perhaps progress will have been made in dealing with the John Street MTSA improper designation and moving the boundaries of the Urban Growth Centre to one that better reflects the needs many have addressed at several public meetings and MPP Jane McKenna assured her constituents long ago, can be done.
“I urge you to give immediate attention to my application and the setting of a date so I can submit a factum for the respondent and the tribunal and subpoena witnesses for an oral hearing.”
 This bus terminal made it possible for the Adi Development Group to get a 24 story tower approved on a site zoned for eight storeys. The John Street bus terminal got defined as a MTSA – Major Transport Service Area, which made it possible to convince an OMB hearing (Ontario Municipal Board) hearing that the existence of a terminal with an MTSA designation justified the building of a 24 story tower on a site that was zoned for 8 stories.
It is those fine, technical points that result in surprising decisions.
The likelihood of Marsden winning her appeal (it may not even be heard) – slim to none – so don’t bet the mortgage money on it. But if you’re the type of person who put $3 on a Lottario 649 ticket – why not?
By Pepper Parr
March 2, 2020
BURLINGTON, ON
The tone of things related to transit has certainly changed in Burlington.
 Bfast, Burlington’s for Accessible, Sustainable Transit, an organization that struggled for years to get something, anything, in the way of traction at city hall on transit.
Elections are amazing things; Burlington now has a transit friendly council and a Director of Transit who has turned that organization into one that actually wants to see more buses on the streets.
While the event is several months away Bfast has announced the sixth annual Forum on Saturday, May 9, 2020, from 9:15-11:45am at the Burlington Seniors’ Centre.
It should be a celebration of what has been achieved in a short period of time and then take a hard look at the direction the city will go in.
 A typical Bfast meeting. Electric is front and centre in the minds of Bfast and city council. The issue is when and where is the money going to come from. Electric buses are expensive and the critical charging stations come in at a Million dollars each – and just one isn’t going to cut it.
Council recently held a workshop on transit and learned about what the future of electric is going to look like. Exciting times ahead for sure.
Doug Brown, Chair, BFAST Steering Committee might well levitate when he calls the meeting to order. Note the date: May 9th.
 By Staff
March 2, 2020
BURLINGTON, ON
It’s a different approach to creating a sense of community – and it could work.
InMemoriam Ceremonies are usually held by churches; given the number of people who don’t attend church regularly, this might serve a purpose.
Mayor Marianne Meed Ward announced today that the city now has a “ population of almost 200,000 people, Burlington loses over 1200 of our residents each year. Each person plays a part in our city’s well-being and their loss impacts many others.
Burlington’s Annual “In Memoriam” Ceremony was created to help recognize members of the community who have passed away in the previous year. All residents who have lost a family member, friend, or loved one are invited to gather in Civic Square along with Mayor Meed Ward to reflect together, as a community, on those we lost.
Mayor Meed Ward will say a few words of support for those in attendance. The flags at City Hall will be lowered on this day in their honour.
Going forward, the annual In Memoriam Ceremony will continue to be held on the last Thursday of March.
The media release from the Mayor’s office didn’t provide much more in the way of detail. Do people just show up or does one register somewhere? Follow up at:
www.burlington.ca/annual-in-memoriam-ceremony
Burlington’s 1st Annual In Memoriam Ceremony
Civic Square, 12-12:30pm on March 26th, 2020
By Pepper Parr
March 1st, 2020
BURLINGTON, ON
The coronavirus disease (COVID-19) has been found in 47 countries.
We may be be close to declaring a pandemic, which is when a whole country or the world is infected. China, Iran and Italy are struggling to control the spread of the disease. The disease is now being spread in the United States.
Ontario has now found 19 people who are infected.
There is much that is not yet known by this virus. It appears that most people do recover from an infection.
The damage to the economy has been significant; the New York Stock Exchange recorded the largest drop in its history.
 Biggest one day drop of New York Stock Exchange prices in its history. “The game has changed with Italy and also with the new case in California,” People have every reason to be concerned – deeply concerned.
Japan has closed all its schools.
It has been suggested that the Tokyo Olympics might be cancelled.
None of this is said to be alarmist – however we do have a serious problem on our hands.
Ontario learned a lot from the SARS outbreak – those lessons are serving us well.
The provincial Medical Officer of Health and the Ministry of Health has a constant flow of information – we are informed at the federal level and the provincial level.
We are not informed at the Regional level.
The disease is now in Canada. It is being passed from person to person. That does not mean the ravages of the 1918 Spanish flu is about to overcome us – but it does mean things have changed and public behavior has to change.
The public expects leadership from the people who we have put in place to lead. The Medical Officer of Health is a critical part of protecting us. Saying nothing is just not acceptable.
In the event that the virus gets completely out of control what does the average uninfected person do?
What does a person who suspects they might be infected do?
What does a person who is infected do?
If there are say 100 people in the Region infected – what do we do?
Is there a plan in place?
We have plans for people to use recreational centers when the weather is sub-zero and dangerous to be out in.
The public is advised when there is a West Nile virus concern – the Gazette publishes those notices regularly as we do with an outbreak of measles.
 Dr. Hamidah Meghani, Halton’s Medical Officer of Heath. The public has not heard a word from the Regional Medical Officer of Health on the COVID19 virus.
The public deserves better.
The Medical Officer of Health for the Wellington-Dufferin-Guelph Public Health board told a local newspaper in that community that “It’s more of a communication event than a medical event for us.”
The communications advisors at the Region said the Medical Officer of Health had no comment when the Gazette asked for a comment.
 A report on Halton’s alcohol consumption took up more than 45 minutes during a Regional Council meeting The Regional Medical Officer of Health did advise Regional Council recently that Halton could well have a alcohol problem; the Regional rate of consumption is 5% higher than the provincial rate.
There is something wrong with the priorities.
Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.
By Staff
February 27th, 2020
BURLINGTON, ON
 The Halton Regional Police Service has been made aware of the presence of a novel substance in association with a fatal overdose in Halton Region. That substance is etizolam.
Etizolam is a synthetically manufactured benzodiazepine derivative (central nervous system depressant) similar in nature to Xanax, but far more potent. Etizolam is not approved by Health Canada for medical use.
Etizolam, when combined with opioids, has contributed to an increasing number of overdoses in Ontario.
Naloxone will not reverse the effects of etizolam.
Nonetheless, the community is encouraged to administer naloxone in the event of any suspected overdose, as you will not know what drugs caused the overdose.
If you use drugs, or have a friend or family member who uses drugs, these tips may help save a life in the event of an overdose:
Know the signs. An overdose is a medical emergency. Know the signs of an overdose and call 9-1-1 right away:
• difficulty walking, talking, or staying awake
• blue lips or nails
• very small pupils
• cold and clammy skin
• dizziness and confusion
• extreme drowsiness
• choking, gurgling or snoring sounds
• slow, weak or no breathing
• inability to wake up, even when shaken or shouted at
Don’t run. Call 9-1-1. Our frontline officers, and other first responders in Halton, carry naloxone and we want to assist. The Good Samaritan Drug Overdose Act provides broad legal protections for anyone seeking emergency support during an overdose, including the person experiencing an overdose. This means citizens, including youth, will not be charged for offences such as simple possession for calling 9-1-1 in an emergency.
Carry naloxone, a drug that can temporarily reverse an opioid overdose. Naloxone is available free-of-charge in Halton at:
• Halton Region Harm Reduction Services (Exchange Works)
• Halton Region Sexual Health clinics
• Most pharmacies in Halton
Never use alone. Don’t use drugs alone, and don’t let those around you use alone either.
If you overdose when you are alone, there will be no one there to help you. If you are using with someone else, don’t use at the same time.
Go slow. The quality of street drugs is unpredictable. Any drug can be cut with, or contaminated by, other agents or drugs (e.g. fentanyl), which in very small amounts can be harmful or fatal. Know your tolerance and always use a small amount of a drug first to check the strength.
By Pepper Parr
February 27th,, 2020
BURLINGTON, ON
Comment on just why the city has to keep the ICBL in place is set out below the city media release.
In a media release from city hall it was announced that
The City of Burlington continues its work to ensure land-use development is well managed as outlined in Council’s Vision to Focus 2018-2020 strategic workplan. The Interim Control Bylaw (ICBL) Land Use Study, which froze development for one year in Downtown Burlington and at the Burlington GO station, is an important action to meet these goals.
On Jan. 30, 2020, Council approved the revised recommendations from the findings of the Interim Control Bylaw (ICBL) Land Use Study, including the approval of the proposed Official Plan and Zoning Bylaw Amendments resulting from the ICBL Land Use Study.
The boundaries of the Urban Growth Centre with the different precincts highlighted in different colours. City staff presented the refined ICBL study report to Council for approval in advance of the initial one-year deadline. The official plan and zoning by-law recommendations are a result of extensive technical review by the City’s external consultants and planning staff, public input including written and oral submissions from the development industry, and Council deliberation.
Urban growth centre
The boundaries of the Urban Growth Centre with the different precincts highlighted in different colours.
The revised recommendations were based on the land-use study undertaken as a result of the ICBL, passed by City Council on March 5, 2019. The purpose of the ICBL was to restrict the development of lands within the study area for a period of one year, including the Downtown Urban Growth Centre (UGC) and lands near the Burlington GO Station to undertake a land-use study.
As per the Planning Act, appeals to the Local Planning Appeal Tribunal (LPAT) must be filed 20-days after notice is given. Notice of Decision for Official Plan Amendment 119 and Notice of Passing of Zoning By-law Amendment 2020.418 was provided on Feb. 6, 2020. The last day of appeal was Feb. 26, 2020.
The City has received 31 appeals to the LPAT for both Official Plan Amendment 119 and Zoning By-law Amendment 2020.418 which have been filed with the City Clerk. As a result, the Interim Control Bylaw (ICBL) remains in effect and will not end on March 5, 2020. The ICBL will remain in effect until the Local Planning Appeal Tribunal has issued a final decision on each appeal of Zoning By-law Amendment 2020.418.
The recommendations from the findings of the ICBL study include proposed amendments to Burlington’s current in-force-and-effect Official Plan and Zoning Bylaw. The staff recommendation report and proposed amendments can be viewed online at burlington.ca/icbl.
The City is also working closely with Halton Region to confirm with the Province the requirements and next steps for approval of changes to the downtown UGC and Major Transit Station Area (MTSA) designations. City Council has directed the Chief City Planner to report back in May 2020 with recommendations.
The City will share more information on the ICBL appeal process and timelines as they become available, as well as details about the nature of the appeals where we can.
City Executive Director Heather MacDonald said at a council meeting that the Interim Control Bylaw, put in place March 5th would be allowed to expire in March 5th, 2020. That was the intention.
Developers impacted by the ICBL had 20 days after the end of the one year ICBL to appeal the decision that was made in 2019.
More than 30 developers chose to do just that – which meant the city could not repeal the bylaw until all the appeals were heard by the Local Planning Appeal Tribunal (LPAT). How long that will take is something over which the city has no control. All the city can do is appear at the LPAT hearings and defend their original decision to put the ICBL in place back in March of 2019.
With all due respect to the person who wrote the media release – it does not explain why the ICBL has to remain in force. It is not something the city actually did – the process made it necessary. Once an appeal is filed – the ICBL remains alive and whatever decisions made come from the LPAT people.
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