 By Pepper Parr
April 12th, 2023
BURLINGTON, ON
Saturday is Earth Day and media around the world will be emoting on what we are up against – and indeed we are up against it.
Burlington declared a Climate Change Emergency and is working its way into various projects that will lessen the amount of Co2 we pump into the environment.
The chart we have set out below set out what has happened and what the scientists think will happen in the decades ahead.
It is not a pretty picture – but it is a picture that we drew.
 By Staff
April 20th, 2023
BURLINGTON, ON
Mapleview Shopping Centre is going to make Mother’s Day (May 11 to 13, 2023) a little more colourful this year with the installation of a whimsical floral wall for photo-worthy opportunities, and chances to win mom-worthy gifts from Mapleview retailers to celebrate Mother’s Day this year.
It could be a perfect backdrop for Mother’s Day memories, guests can snap photos at Mapleview’s stunning flower wall or try their luck at the centre’s Prizing Cart featuring Spring must-have gifts up for grabs.
Guests that spend a minimum of $200 at Mapleview Centre, can take home a custom complimentary spring bouquet from the DIY Bloom Bar, sourced from local Burlington florist Euro Style Flower Market.
 An upscale location with huge parking lots In honour of Mother’s Day, Mapleview will be making a donation to Halton Women’s Place, a local organisation providing shelter and crisis services for women and their children.
A donation will also be made to the Burlington-Oakville chapter of Mamas for Mamas, supporting mothers and caregivers through community programming.
“We’re excited to partner with our retailers and local organisations to celebrate Mother’s Day with guests and the community,” said Rita Donnelly, General Manager, Mapleview. “From memorable photo opportunities with mom, to surprise giveaways, and custom DIY bouquets – it’s a fun way to show appreciation for mom.”
The activation will be located in the Food Court, on the Upper Level and will run from May 11 to 13, 2023 from 2pm – 7pm on Thursday and Friday and 11am – 5pm on Saturday.
 By Pepper Parr
April 20th, 2023
BURLINGTON, ON
Earlier this week Staff did a work shop that included Council.
It was an interesting and refreshing approach that had staff setting out their issues and explaining to council just what they were up against.
The Workshop included 30 graphics, one of which is set out below, that took Council through a very detailed presentation with more depth than usual.
 Changing the setting proved to be a smart idea – there was much better communication once the administrative restrictions were removed. Two two blue boxes: Mindset of open to change and Pause in New Staff Directions are not the kind of thing that was seen in the past.
There is a refreshing change taking place. The leadership at the Executive Director level is much better.
During the half day event Brynn Nheiley, Executive Director of Community Planning, Regulation and Mobility, had Council doing some role playing followed by a very casual, almost family living room setting, where questions were asked and comments made without a Chair in place directing the conversation.
Nheiley went from being Manager of Development & Design in the Community Planning Department to becoming an Executive Director. As the Manager of Development & Design, she led a number of initiatives that has led to improvements in development planning that support better outcomes for Council, residents and staff; these include:
- Establishing a two-stage reporting strategy in order to provide Council with the opportunity to make a decision on an application within the legislated timeline, while also enabling the flexibility for staff to work with applicants to create the best planning outcome for development applications.
- Bringing together staff from key departments to collaboratively build a development review process that gives applicants a single point of contact, and single application to satisfy multiple pre-approvals, from multiple departments, which are required before a building permit can be applied for.
- Bringing together a management team that included staff from building, planning, forestry, site engineering and Information Technology Services departments in order to launch an entirely digital review process for all forms of development applications. The result was that the City’s development review process was delayed by less than two months from the start of the Covid-19 pandemic.
Prior to working at the City of Burlington, Brynn worked for the City of Hamilton as a Senior Planner and as the Acting Director of Planning and Building Services for the Town of Antigonish in Nova Scotia. Brynn has a Masters of Planning from Dalhousie University and a Bachelor of Architectural Science from Ryerson University.
 The Workshop ended with this slide.
 By Staff
April 20th, 2023
BURLINGTON, ON
The scam scum are at it again.
They find that using well know and trusted brand names will attract people.
Look carefully at the email address it came from – that is not Shoppers.
 By Staff
April 19th, 2023
BURLINGTON, ON
On January 16, 2023, Premier Doug Ford announced the first phases in his plan to privatize our public hospitals. His government is opening three new private for-profit clinics, expanding other for-profit clinics and shunting tens of millions in public funding to private clinics and hospitals.
 Photo by William Mewes from Oakville Ontario, Canada The premier said that 50% of the surgeries done in our public hospitals could be cut and privatized.
The Halton Ontario Health Coalition says “There is no question: the Ford government is planning to privatize the vital surgical and diagnostic services from our public community hospitals , unless Ontarians stop them.
They have been very active and plan to hold a Referendum Campaign in the coming weeks.
You might want to log into their web site if the changes taking place in health care matter to you.
Excerpts from their most recent media notice.
This is a reminder that our next meeting is tomorrow evening (Wednesday, April 19) at 7:00 pm.
This will be our permanent Wednesday 7:00 pm link for the duration of the Referendum Campaign so bookmark or save this link. (Though we’ll send it out each week!)
Join Zoom Meeting
https://us06web.zoom.us/j/84339852955?pwd=elo2c0pnQmFRaHZKVmQzR0lYZkZMQT09
Meeting ID: 843 3985 2955
Passcode: 356417
Our agenda:
– Updates; Helen
– Organizing for polling stations and flyer distribution; Susan
– Social Media; Doreen/Trudi
Trudi has organized and created this very easy-to-use site to access all the referendum materials.
And, if you haven’t done so already, could you please fill out the volunteer survey in the above link?
Thank you all for your efforts to preserve our public health care system and see you tomorrow evening.
The Halton Health Coalition Team
Minutes: April 12
OHC and Halton HC Updates: Helen
- the OHC QR code that’s on the flyers is now working and attached to the website https://publichospitalvote.ca/ there is still more work to be done by OHC on their website
- Helen and Trudie will participate in the area leads meeting on Friday.
- The signs are still in development; it is hoped that an illustration will be available very soon.
Polling Stations:
- Helen – please focus on trying to secure polling locations once someone/a business, church, legion, condo etc has signed up please share that information with Judy (JudyRWorks@gmail.com) the information will also be shared with OHC so they can add it to their map so people can find our polling locations.
- Unifor Local 707 has agreed to host a workplace campaign and will allow Judy to set up a voting station at a couple of events they will be hosting over the next few weeks. The goal is to get over 500 votes. The option to host a public polling location on May 26 & 27 is still being explored as there could be a scheduling conflict.
- The Halton Local of The Elementary Teachers’ Federation of Ontario (ETFO) is considering a workplace campaign that could be hosted out of their office at Appleby & the QEW. They represent approximately 3200 area educators.
- We discussed ideas for polling stations including parks, independent businesses
- Shiam will reach out to her mosque
- Hayley will reach out to a high school contact, and a Sheridan contact
There focus is on everything wrong with Ontario’s health care privatization law as a result of Bill 60.
By Staff
April 19th, 2023
BURLINGTON, ON
 The Burlington Chamber of Commerce announces its 2023-24 Board of Directors.
Chair: Randall Smallbone, Smallbone Consulting
Vice-Chair: Shafiq Mohamed, Stratus Building Solutions – Fully Promoted Burlington
Second Vice-Chair: April-Dawn Blackwell, Brock University
Director of Finance: Ravi Dhaliwal, Business Development Bank of Canada (BDC)
 Directors:
- Joseph Apps, Joe Apps Technology Support
- Lynn Beechey, Beechey Management Resources
- Peter Choma, RBC Royal Bank
- Shirlea Crook, Care for Life Support Services
- Daniela Fonseca, KMB Law
- Shaheryar Mian, LJM Developments Inc.
- Kristina Shea, BlueSkys Life + Beauty
 By Staff
April 19th, 2023
BURLINGTON, ON
Janice Atwood, a partner with Principle Integrity explained what the firm did and why they did what they did when a complaint was brought to them about the behaviour of a member of the Committee of Adjustments.
The member is a knowledgeable and no doubt dedicated member of the Committee of Adjustment however, members are appointed to the city’s boards and are required to meet the standards regarding conduct. The parties that come before the committee of adjustment have a very reasonable expectation that they will be treated fairly the complainant reasonably raised her concern through this complaint process and sought to hold the member accountable for the standards set out in the code. And in our view, this is the result well a member of a committee of adjustment has broad jurisdiction under the legislation to consider the evidence and apply the law to the facts.
 Committee of Adjustments member Nick Leblovic  Janice Atwood, Burlington Integrity Commissioner reported on complaint that the member had made statements at the hearing that were unfounded and false. They do not have omnipotent powers to adduce their own evidence, nor to take judicial notice of facts that are heard third hand untested, unchallenged and without notice. If such were the case, the value of a public hearing would be largely defeated. It cannot be correct that there is no recourse regarding conduct of members of the Committee of Adjustment other than an appeal to a land tribunal. If that were the case, the member whose conduct disclosed for example, bias or undue influence or who even had a conflict of interest would be at liberty to engage in such conduct without consequence.
The complaint which we received on December 22, was that the member had made statements at the hearing that were unfounded and false. And that the member was engaging in what she perceived as malicious gossip, which risked influencing the outcome of the matter. And derailing the culmination of what was to her lengthy and costly process.
I won’t belabour the details of the report and drag you tooth and nail through them but suffice to say that this is, in essence a story of a longtime resident now living alone, seeking to turn her detached garage into a secondary suite in the back of the large home and the tribunal member trying to block her because according to an unidentified neighbour who is a friend of the members, she has been illegally renting out a basement apartment for years of fact, which she vehemently denies.
Taken aback by the misinformation, the homeowner wanted the member to resign his role. She discovered that both staff and Council were powerless to intervene in the conduct of members of a committee of adjustment. The tribunal member as a lawyer himself has criticized our investigation as lacking jurisdiction, because in his view, we are presuming to review the conduct of the adjudicator of bodies hearing. We are not. We agree that it is beyond the jurisdiction of an Integrity Commissioner to review the hearing process of the Committee of Adjustment.
However, it is well established that the conduct of members of local boards, including the Committee of Adjustment falls squarely within the jurisdiction of the Integrity Commissioner to review. In fact, it is only the Integrity Commissioner in this instance, who has authority to review and make findings on the conduct of individual members of a committee.
The there’s a lengthy chronology of correspondence back and forth, largely the respondent raising a number of preliminary objections and continuously resisting our investigation. And then our responses back and I will simply read you from one of the very earliest pieces of correspondence back January 5, where we had dealt with some of the preliminary objection objections and said concluded that January 5 letter with if you believe a conversation would be helpful. We would be pleased to arrange that although we would appreciate first receiving your written response to the allegations in the complaint. Never at any time have we declined or refused to have a conversation with a member never has he asked us.
 Janice Atwood: “The member was impugning the professional ethics of the Planning Consultant.”. The code of conduct for local boards sets out that members shall act with honesty and integrity serving in a diligent manner and performing their duties in a manner which promotes public confidence. adjudicate of boards are arm’s length and quasi-judicial and must the members must conduct themselves as such. Referring to what a neighbor has told him was not appropriate. It was nothing more than hearsay. It was not relevant. And even if relevant, it is not the role of the members to adduce their own evidence. A site visit, which often members of Committee of Adjustment are encouraged to make enables members to make observations firsthand. A members own firsthand observations are not hearsay. They are the members own firsthand observations. Hearsay is hearing something third hand from somebody who does not come forward to say it themselves. And this is what happened in this case.
I will read you very briefly from the members written response of January 20 to us.
“We also have some close friends who live in the immediate vicinity of the property and who are aware that I’m a member of the committee several years ago I learned from one of these friends that the complainant was planning to convert the garage on the property into a secondary dwelling unit. They asked me if this was coming to the committee for approval and I told them that I was not aware of an upcoming hearing on the project, but would let them know if and when the matter came forward.”
We have pointed out in the report notably the basement finishes do not even include a kitchen in questioning the integrity of the planning consultant during the hearing, the member was impugning her professional ethics.
He very clearly stated:
“I am questioning the integrity of the planning consultant. There is no video of the meeting. And as far as we are aware, no audio recording, at least none which was available when we sought it.
We don’t doubt that there isn’t an audio recording. However, we did conduct interviews so we are satisfied that our findings are well founded. This is not conduct which promotes public confidence as sometimes happens in our investigations and thankfully it’s very few some respondents take an extremely legalistic adversarial approach.
Our goal in investigating a complaint is aimed at upholding the expectations set by counsel for its appointees. The investigation was conducted following the tenants of procedural fairness, providing the respondent with an open ended opportunity to respond to the allegations and tour findings.
As you know, as part of our process, we provide our preliminary draft findings in complete except we don’t include the final recommendation but the entire report is provided to the respondent in confidence. Well before we finalize it and we seek any further submissions and comments significantly.
 Janice Atwood: We optimistically believe that the member will … conduct himself somewhat differently.” Nowhere does the member justify his discussing the case with others, by which he apparently heard of the gossip and members of adjudicate of tribunals, such as the Committee of Adjustment are not immune from review, for conduct for breaches of their code of conduct. That jurisdiction is well recognized. If no mechanism for complaints were available, there would be no recourse. Ultimately, we did not believe removal was necessary. Although certainly the complainants thought that we think the investigation may be sufficient to remind members to refrain from contributing to or giving credibility to gossip during an adjudication of a hearing and to treat those who appear before them with professionalism and respect. Notwithstanding the lack of awareness or lack of contrition from the member.
We optimistically believe that the member will if circumstances such as these were ever to arise again. We’ll conduct himself somewhat differently. We I’m the optimistic partner in the firm.
 We do also observe that there’s an opportunity for the Integrity Commissioner to provide some ethical training for members of local boards. And we think all of those members would serve would be well served with that. We don’t think that it’s necessarily a legalistic training session on the rules of evidence and hearsay. We really think that there are some very basic principles that members of adjudicate of boards for example ought to be reminded of and that is, you hear the evidence that’s provided you review the report that’s provided you may ask your questions, but you do so in a courteous manner. These are basic principles that they don’t require illustrious Bay Street lawyers to be reciting to your volunteers on your various committees.
These are very basic principles. Most of them fall under the golden rule, treat others as you would have them treat you. So with that said, I’m happy to answer whatever questions you may have.
 By Staff
April 19th, 2023
BURLINGTON, ON
Each day the Globe and Mail publishes a short piece on the second page about an event that was historically significant,
The piece today is something that was certainly significant and something we should be ashamed of and work to change the terrible mistake that was made.
 Another tragic chapter in Canada’s mistreatment of Indigenous people began on this day in 1884 with an amendment to the Indian Act that created residential schools. The change cemented in law the existing boarding schools run by religious groups.
The residential schools’ intent was to end the “Indian problem” by separating children from their parents, and erasing native cultures to assimilate them into Canada. An estimated 150,000 First Nations, Métis and Inuit children were taken from their families and sent to the schools funded by the federal government and the churches.
Physical and sexual abuse, hunger, forced labour, neglect and illness were all parts of the system, victims told the Truth and Reconciliation Commission of Canada, which began in 2008. “We got taken away by a big truck.
I can still remember my mom and dad looking at us, and they were really, really sad looking,” said Alma Scott, taken to a school in Manitoba at the age of 5. “They were there to discipline you, teach you, beat you, rape you, molest you, but I never got an education,” Elaine Durocher said of the Roman Catholics who ran the school she was sent to in Saskatchewan.
The last residential school closed in 1996.
 By Pepper Parr
April 19th, 2023
BURLINGTON, ON
OPINION
During a lengthy city council meeting on Tuesday, Burlington’s Integrity Commissioner found herself having to explain to the members of Council what they should be doing in handling the perception of a bias or a Conflict of Interest.
These seven people have been in office for more than five years; two have been in office for more than 12 years – and they don’t fully understand or comprehend what a Conflict of Interest is and what is involved when they accept election campaign donations?
 The 2022-2026 city Council being sworn in: Ward 4 Councillor Shawna Stolte participated virtually. These people are not stupid but there appears to be a wilful blindness on their part which damages significantly public trust in the administration of the city’s affairs.
 A development that will add significantly to the population growth the city is experiencing. Burlington is going through a form of population growth that it has never experienced before. In a decade it will be a much different city.
The public is having difficulty in adapting to the changes taking place and they look to the people they elected to office to be open, transparent, accountable and honest with them.
Instead what residents of the city get are statements that don’t ring true to many.
 Mayor Meed Ward: The job is not to be liked but to lead. Being elected to office means you are prepared to lead and to give the public not the answers to questions you think they want but answers to questions that reflect the reality the city faces.
City Councillors are not in place to be liked; they are in place to serve the public interest – not their own interests.
This Council is known for its internal bickering with complaints by some Councillors made to the Integrity Commissioner about other Council members.
The city has a Mayor who spent 14 minutes (you can listen to it HERE) doing her best to diminish a fellow Council member to the point where that individual has been pounded so much she has difficulty serving her constituents.
The people of Burlington have a right to expect better of their elected leadership and that leadership has the responsibility to deliver on the promise to serve and not see the photo op as their most effective form of communication.
Related news stories:
Just what is a Conflict of Interest?
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 Pepper Parr
April 18th, 2023
BURLINGTON, ON
Janice Atwood, one of the two partners of Principles Integrity moved the focus of her presentation to council on the matter of Conflicts of Interest saying:
 Janice Atwood Integrity Commissioner for city of Burlington. “I want to address an issue that I know has come up and it’s circulating; and that is where an individual such as the member in this case of the Committee of Adjustment has made campaign contributions under the municipal elections act to candidates who may now be sitting as Counsellors – does that not raise a conflict of interest for those members of council ?
“There is no obligation to recuse or step away and not to participate. So just to clear the air on that one. In order to publicly clear the air and in an effort to address the perception that there may be some conflict of interest, a perception that there may be some bias if you will, or a preconceived preference for a contributor, it is probably is helpful for the members of council to openly indicate that they embrace their responsibilities with an open mind notwithstanding any such contributions, their obligations to serve in the adjudicated capacity that Councillor Sherman mentioned earlier, and that is to hear and make a determination at the conclusion of receiving the integrity commissioners recommendation report.
“So that’s really on that particular subject. I think that’s that’s all that I need to say. If there’s any question on that particular issue. I’m certainly happy to address that and then I’ll launch into my comments on the report. Is there a question just on that ?
“Go ahead, Counsellor Kearns current.
 Councillor Kearns steps in to serve as Deputy Mayor when Meed Ward is found to have a Conflict of Interest. Thanks. So, I want to recognize, of course that I’ve had contributions to my campaign which are disclosed and public information now from the person identified in the report.
“Is there any other concerns that I should be aware of? That I would need to disclose whether they worked on a campaign, or had like gone to their house or anything like that, or is it just the only concern regarding potential or perceived conflict, just the campaign donation?
Atwood: Through the Mayor, that’s, an interesting wrinkle, Counsellor Kearns. Certainly, the perception of a bias or the perception of a, an apparent conflict of interests would arise based on a relationship and that is what we think of as a non pecuniary interest.
 Is there a perception of a bias in this photograph? The Mayor and her husband on the right are having dinner with the Leblovics; he is a member of the Committee of Adjustments “The common law concept would include those relationships which are so close that the public would the reasonable person and not just the objective test, would look at that and say, well, that that individual is unable to really deal impartially with that matter, because of the you know, the profound relationship or the long standing relationship, etc, that kind of thing.
“So we see that from time to time arising as well. It’s a non pecuniary it’s a common law, concept what would that look like?
 Meed Ward: Well, if if an individual were good friends with the member and they had, for example, been to each other’s houses or spent a great deal of time and one of the examples we use as if they’re over in your backyard, having a barbecue from time to time or you might go to their cottage from time to time those kinds of things definitely raise the perception of an inability to deal impartially with the matter and ought to be recognized publicly as giving rise to an apparent conflict of interest.
Atwood: Thank you, Your Worship. The advice of Principles Integrity is that a member say: I hereby state that I did receive a campaign donation from the respondent in this matter, to acknowledge that contribution and make a formal and public commitment to set aside any preconceptions in order to decide the matter with an open mind. I trust that will be sufficient and I would be I do not have any significant relationship above and beyond that with the respondent. Thank you. Would now be the time for anybody to declare that or should we wait until statements ?
Integrity Commissioner: I guess we’re kind of in it now so let’s just dispatch with this. There may be several folks that wish to comment on this. I think it’s a really important item to clarify for the public before we even get started.,
Councillor Galbraith, you are next.
 Councillor Galbraith Yeah, similar to Councillor Nisan and Councillor Kearns, I was also a recipient of a donation from the complainant. But I don’t have any other close relationship or any ties with him whatsoever.
 Councillor Bentivegna Counsellor Bentivegna Do you want to comment on this item only? Go ahead.
“Just a quick question to the Integrity Commissioner on this conflict of interest.
“In my experience, conflict of interest is self directed only I can feel whether I have a conflict of interest with someone and I’m assuming every one of us at this table feel the same way. You know whether it is or it isn’t. My question is if there is no conflict of interest declared can someone bring it forward to the Integrity Commissioner later requesting an investigation on not declaring through the Mayor.
Atwood: Yes. That’s a there’s sort of a blend of of things I would say but that one is the onus is on the individual member to identify a conflict of interest and to declare it and to take appropriate action.
Bentivegna: “Clearly, but anybody can look at a situation and say on those facts that looks to me like a conflict of interest, and then they can raise that as a complaint to the Integrity Commissioner. Now, certainly on the circumstances that has that we’ve just outlined or that I’ve just outlined to you with respect to a simply a contribution under an election campaign that’s properly disclosed under the municipal elections act that in and of itself does not give rise to a conflict of interest and if a complaint came in on that basis, it would get very short shrift. Thank you for that.”
Mayor Meed Ward then said: on this item “I have a relationship with both the complainant in this case and the respondent. So I will declare that the complainant is a friend and neighbour living around the corner from where I live, I’ve been to this person’s house and see them regularly and they also donated to my election campaign.
 Mayor Marianne Meed Ward sitting as Chair of the Council meeting is found to have a Conflict of Interest and turns the gavel over to the Deputy Mayor and sit in the Council Chamber Gallery “With regards to the respondent. I have a personal friendship with the respondent have been to their house and they also made a donation to my election campaign and I am, like my colleague, formally declaring my commitment to maintaining an open mind with respect to the matters before us and doing my best to receive all of the information that is before us, including from the delegations to make a decision ultimately about this matter.
“So I guess a point of clarity from you – does a personal friendship over and above a campaign donation since I have one with both the complainant and the respondent require me to recuse myself from this matter ?
Yes, Madam Mayor, it would.
Meed Ward: “So I will need someone to gavel; the deputy mayor is Counsellor Kearns; you are now in possession of the chair and I guess I will step away entirely from the desk and I will sit in chambers.”
Political power can be lost – just like that; something Council members need to keep in mind
Kearns then asked: “subject to there being any other questions should I proceed? No ?. So I need to say my piece:
 Principles Integrity serves as the Integrity Commissioner for 50 municipalities in Ontario. Kearns: “I want to say that I have donations in 2022 from from Nickolas Leblovic and in 2018. I had donations from the complainant. I have no relationship whatsoever besides anything cordial that I would have with anybody else and I can fully conduct myself without bias.
“So I can stay I guess as the gavel holder for the moment.”
Atwood: Our role as an Integrity Commissioner, as you know, is to independently and impartially, review complaints, make findings where necessary, and make recommendations were warranted and Council’s role is to publicly receive the integrity commissioners report and decide whether to impose sanctions if any are recommended. And in this case, there are no sanctions recommended and whether or not to approve the recommendation.
Principles Integrity serves as the Integrity Commissioner for about 50 municipalities across Ontario, including all of Halton
 By Staff
April 19th, 2023
BURLINGTON, ON
As we pull away from winter and manage to get through spring to begin enjoying summer city council on Tuesday approved directions to the Director of Roads, Parks and Forestry to explore costs and options for enhanced city wide windrow removal program, including:
 Windrows: The bane of hundreds of residents who clear their driveway and sidewalk. – Revised cost and criteria in the existing Windrow Clearing Program
– Increase the program from the current maximum of 200 homes to minimum 500
 Report to Environment Infrastructure & Community Services Committee with costs, options (including those ruled out) and any recommendations by Q3 2023 in advance of 2024 budget deliberations.
If they can keep to the schedule residents might see better service when the snow falls next.
And given climate change we never know just when that will happen next/
 By Shelley Green
April 19th, 2023
BURLINGTON, ON
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 A Canadian prize winner What happens if I win the Wow Pot Progressive Jackpot?
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By Pepper Parr
April 18th, 2023
BURLINGTON, ON
There was some confusion about just what is in the basement of the house on Caroline Street east of Brant that was the subject of an application to the Committee of adjustment to turn a garage that is not attached to the house is as a separate residence.
Was there a separate living unit in the basement?
 Committee of Adjustment in a meeting.
Neither Nick Leblovic nor the Planning Consultant representing the owner of the property has ever been in the residence.
I have been in that basement part of the house on several occasions.
There is a bedroom, a bathroom, a small room where people could sit in chairs and meet.
There is no kitchen, there is laundry washer and dryer and a small shelf on which there is a coffee pot and a couple of cups.
There is a walk out to a very small back yard.
This is not by any stretch an apartment.
It was used is as a place family friends, visitors would use to sleep over.
By Pepper Parr
April 18, 2023
BURLINGTON, ON
It was going to be a bumpy meeting and it didn’t get off to all that good a start.
 Ward 6 Councillor Angelo Bentivegna Nick Leblovic said that he needed additional time to complete his delegation which was added to the agenda. In order to get more time council had to agree to waive the procedural rules.
A two thirds vote of council members was required for the rule to be waived.
Mayor Meed Ward was not able to get a seconder to the motion to waive the rules.
Before that vote was taken ward 6 Councillor Angelo Bentivegna asked:
“Is it the same delegation that will be done verbally? Or will there be other information and the reason why I say that is because I had to read it three or four times. And I actually don’t understand any of it. So I’m concerned about giving the extra 15 minutes and I can’t make out what the issue is so unless you know that maybe paraphrase in five minutes.”
 Jim Thompson reacting to remarks Nick Leblovic was making during his delegation to city council. So Leblovic had to limit himself to just five minutes. However, before it was all over he was at the podium for more than an hour.
The recommendation to Council was that training be provided to members of boards on the ethical framework these boards should be working within – with the training taking up to an hour or an hour and a half in length.
By Pepper Parr
April 18th, 2023
BURLINGTON, ON
Nickolas Leblovic explained to city Council:
I’m here today to address the integrity commissioner’s report related to a Committee of Adjustment meeting on December 12, 2022, related to the proposed conversion of a garage in a historical Burlington home into a secondary dwelling unit.
Following the hearing the owner of the home filed a complaint with the Integrity Commissioner stating that during the hearing I’d made a statement to the effect that she had an undocumented rental unit in her basement.
 Nicholas Leblovic addressing city council I categorically deny that I made that statement and advised the Integrity Commissioner accordingly. What I said was that a house that had five bedrooms already and was increasing it to six could in fact, by a future owner, be converted into a multi residential unit or an Airbnb if you want to use the vernacular.
I’m certain that this matter could have been resolved easily through an informal resolution process specified in the code of conduct. Unfortunately, the matter did not end there.
Because the Integrity Commissioner decided on his own and without any outside complaint, which is required by the code of conduct, to review my entire involvement in the hearing. As a result of this review, he unilaterally, and in my view, improperly expanded the scope of the complaint to include the manner in which I can question the applicant’s representative at the hearing.
 Dianne Leblovic listening intently as her husband addresses city council. The issue arose because of a discrepancy between the description of the basement in site plans tabled by the planners who were representing the applicant and a description in a heritage impact study prepared for an earlier meeting of the Burlington Heritage Committee.
Specifically, the heritage impact study described living facilities in the basement which the site plans did not. In my opinion the material was material to the application.
On the first issue, the planner was clearly unfamiliar with the heritage impact study. Even though her firm had represented the property owner at the heritage committee. Based on my own experience as a lawyer, I believe that my questioning of the planner and my comments on our responses was entirely consistent with what in similar circumstances would have come from a judge or commissioner in a judicial or quasi judicial proceedings.
The Committee of Adjustment is a quasi judicial committee. In addition, I would note that the chair of the meeting, who has the control over the protocol at the meeting, did not raise any objection to the questioning.
On the second issue, the Integrity Commissioner concluded that much of the information and documentation that I had, referred to in my questions was constituted hearsay evidence, and was therefore inadmissible. It should be noted that this opinion was not supported by any citation of applicable case law statute or learned article. I have separately concluded that under Ontario law, hearsay evidence is in fact acceptable in proceedings or quasi-judicial bodies, in contrast to the unsupported opinion of the Integrity Commissioner on this issue,
I’ve included in the material filed with my delegation, which is what Councillor Bentivegna referred to is both statute, the Statutory Powers Procedures Act and a learned article on the issue which conclude that in fact, hearsay evidence is acceptable in statute in what’s called local boards, and statutory committees.
I’ve also took the trouble of getting a separate opinion from an individual who is also an Integrity Commissioner, and a senior partner of Fasken, a Toronto law firm, which further confirms my position.
In light of the above I submit that the Integrity Commissioner is wrong on the issue of hearsay evidence, and as a result his allegations concerning this issue are not supportable.
At this point Nick Leblovic had used up his five minutes. Questions were then put to him by members of Council.
By Pepper Parr
April 18th, 2023
BURLINGTON, ON
Chair of the Halton District School Board Margo Shuttle worth commented yesterday on the statements made by the Minister of Education who apparently wanted the Board to take a clearly defined position on the attire of an Oakville High School teacher who is not currently in a classroom
 Halton District School Board chair Margo Shuttleworth Shuttle worth explained that the Director of Education has been given the task of bringing in some support to guide the trustees but that has yet to happen.
The Board of Education has yet to get its budget back from the Ministry “so we are not sure just what we have to work with” said Shuttleworth.
She added that requiring teachers to have proficiency with math is useful – what she was not able to comment on is where the 1000 additional teachers the Minister mentioned are going to come from.
The selling of school properties is something the government wants to have more of a role in – Burlington City Manager Tim Commisso has a clear plan for what he hopes to be able to do with any surplus property that becomes available. Burlington would appear to be ahead of the province in its thinking.
 Social distancing. Asked what the overriding concern is for the trustees Shuttle worth said “without a doubt – the health of our students – particularly their mental health”
The pandemic hasn’t helped but there is a larger problem – children don’t appear to play anymore – their lives seem to be determined by the number of online friends they have and the number of “likes” they have accumulated.
The Director of Education has sponsored several on line session on mental health issues for parents that have been very well received.
Schools, like every other sector, are dealing with a level of change that is taking to time to understand and then adapt to.
It will be interesting to see who the people in wards 1&2 choose is as their trustee. There are eight candidates.
By Pepper Parr
April 18th, 2023
BURLINGTON, ON
OPINION
Today may prove to be a momentous day in the history of the city.
During a city council meeting a report prepared by the city’s Integrity Commissioner will be put before Council
The report had to do with a complaint made by a citizen over the way her application the Committee of Adjustment (CoA) for a minor variance to a property on Caroline Street was handled.
 Members of the Waterfront Access and Protection Advisory Committee which was sunset by the city in December 2012. Nicholas Leblovic, Chair of the Committee is on the left. A member of the CoA took exception to the application and chose to impugn the reputation of the professional planner who was representing the applicant and to introduce hearsay evidence and put forward a piece of evidence that was not part of the material before the CoA
The member of the CoA, Nicolas Leblovic and his wife were campaign donors to Councillors Nisan ($250), Kearns ($250) Galbraith ($250) and Mayor Marianne Meed Ward ($1200)
Some of the donations were from Nicholas; others were from Nickolas and Diane his wife.
The recommendation in the report is that Leblovic be required to take part in a training session to better understand the ethics of being a CoA member.
Leblovic was strenuous in his objections to the application and continued with his remarks despite being admonished by both the Chair and another member.
The penalty recommended by the Integrity Commissioner was to require CoA members to be trained by the Integrity Commissioner on the ethical framework applicable to local board members.
Leblovic’s hubris might get in the way of that training session ever taking place
Leblovic is a retired lawyer with more than 40 years experience. One would expect that he would be fully aware of what lawyers can and cannot do.
 During the Council meeting today Leblovic will be introducing a 13 page document setting out why he did what he did and the justification for his actions.
Delegations are entitled to 5 minutes; Leblovic has asked for 15 minutes and the sense is that the Mayor is going to support his position.
The four members of Council that received campaign donations from the Leblovic’s should be recusing themselves from the discussion.
Leblovic did take a leave of absence from the CoA during the 2022 election.
His term as a CoA member had ended but he was returned when a new CoA was membership was appointed.
Councillors Bentivegna and Galbraith were part of the committee that approved the appointment decision.
The objective of a council member is not to reward those who donated funds to an election campaign.
The integrity of the current city council is at risk.
Related news story
Integrity Commissioner not tough enough on CoA member
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
April 17th, 2023
BURLINGTON, ON
Donations to the Mayor Marianne Meed Ward 2022 election campaign were down significantly from 2018.
The competition for Mayor the second time around was much easier and likely many people felt they didn’t need to make a donation, and perhaps she didn’t work that hard to seek them out.
 Marianne Meed Ward being sworn in the first time in 2018 However, it is notable that quite a large number of people who donated and were very close supporters in 2018 did not donate in 2022 regardless.
In 2022, she received 35 donations over $100.; 5 of those were from outside Burlington – interestingly, those 5 were among her larger donations: collectively, they total $3900.
The 35 donations in 2022 total $17,907.00
In 2018, she received 99 donations over $100. Only two of those were outside Burlington, and those two totalled $1494.
The 99 donations in 2018 totalled $46,300.00
 Of those 99 donors in 2018, 11 of them donated again in 2022.
Contributions in goods and services in 2022 – 2 donations, totalling $1347.
Contributions in goods and services in 2018 – 27 donations, totalling $5,024.
Meed Ward received the maximum donation of $1200 from the spouse of Nick Leblovic, who sits on the Committee of Adjustment. This is only relevant with respect to the Integrity Commission complaint regarding Leblovic which council now must consider on Tuesday.
 Mayor Meed Ward has always been close to Diane and Nick Leblovic. How she chooses to defend him at the Council meeting on Tuesday when the Integrity Commissioner appears to speak to his report and recommendation is an open question to many. People are asking: Should the Mayor recuse herself due to this conflict?
Similarly, Meed Ward also received donations both in 2018 and 2022 from the resident at the Caroline Street address of the Complainant in this matter.
This address is listed on the relevant Heritage Committee Minutes from June 8, 2022, the date cited in the Integrity Report as the date the Heritage Impact Study was considered and approved by the Heritage Committee.
The Mayor received her 2022 election donation from the female homeowner at that same address on June 13, 2022.
By Staff
April 17th, 2023
BURLINGTON, ON
 Ward 3 Councillor Rory Nisan at one of the few Council meetings he attended in person. Rory Nisan, the candidate for ward 3 in the October municipal election who was returned to office did not contribute any of his own money to his campaign (aside from buying signs).
He received 36 donations over $100. Only 16 of those donors reside in Ward 3. Of those 16, 10 are in rural area, only 6 reside in “urban” Ward 3.
Six live in ward 6 – 4 in Millcroft
Six live outside Burlington (including one erroneously listed as a Burlington address but which is in fact Toronto).
Four donors who donated to him in 2018 donated again in 2022 (one from outside Burlington).
One might ask if Nisan actually prioritizes his Ward 3 residents or is he spending more time and energy on those outside Ward 3? If so, why?
 Rory Nisan retrieving a package from the back seat of his car at a house in ward 2 that he purchased in June of 2022, before he was re-elected in ward 3. Building permits were obtained in December of 2022. We will watch with interest to see what he does or doesn’t do for Ward 3 this term. He does still live there, right?
The Chair of the Heritage Committee donated $300 (Rory sat on Heritage Committee last term but isn’t on it now).
Nick Leblovic, Committee of Adjustment member donated $$250 to the campaign. This is only relevant with respect to the Integrity Commission complaint regarding Leblovic which council now must consider. Will Nisan recuse himself due to this conflict?
 Rory had a fundraising dinner on June 23, 2022, $250/ticket – 8 tickets sold. After expenses, this brought in just under $1000. Dinner touted a “special guest”. Anyone know who the special guest was?
Karl Wulf donated food and beverages the day after this event, at a cost of $748.46. He is the Co-Chair of the Mayor’s Millennial Advisory Committee and understood to be a local realtor. This amount may have been a portion of the $983.30 expense listed under “Food and Beverage” for the June 23 fundraiser.
By Staff
April 17th, 2023
BURLINGTON, ON
 Ward 2 city Councillor Lisa Kearns Ward 2 Councillor Lisa Kearns won more votes of any ward councillor in the 2022 election, with 4453.
Lisa vowed to run a “frugal” campaign, and did so. She didn’t have a fundraiser – instead having attendees of a ward event consider donating instead to charity, and part-way through her campaign she announced that she had enough donations for her campaign, and urged people to donate to charity, if desired.
She had 25 donors, mostly all Ward 2 residents, and took in $4,450 in donations over $100; $175 in donations not exceeding $100.
Nick Leblovic, a member of the Committee of Adjustment, donated (with his spouse) $250 to Lisa, their ward 2 councillor. This is only relevant with respect to the Integrity Commission complaint regarding Leblovic which council now must consider. Should Lisa recuse herself due to this conflict?
When the campaign financial documents were recently posted on the City website, Lisa took to social media with the following message:
“Thank you to Ward 2 residents who contributed their time, talents and financial resources to our inclusive and frugal campaign. A special note of appreciation to those who wished to donate and re-directed those funds to a local charity in our community. By being frugal we were able to help others.
“It’s vital, said Kearns, “to understand the potential biases that may influence actions once in office. This is why full disclosure of campaign contributions can provide clarity around potential conflicts of interest and influence. By understanding where a candidate’s financial support comes from – transparency can be improved. Without transparency in campaign contributions, it becomes much more difficult to hold elected officials accountable for their actions.”
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