 By Staff
February 10th, 2020
BURLINGTON, ON
The City of Burlington is currently recruiting volunteers to be members of the Heritage Burlington Advisory Committee and the Burlington Accessibility Advisory Committee.
 The blue markers indicate heritage properties – a citizen’s committee makes recommendation to city council on what happens to them as developments take place. These two advisory committees are legislated and report to Burlington City Council to provide advice and promote issues related to the conservation of Burlington’s built and cultural heritage, and to identify, remove and prevent barriers to people with disabilities in the municipality’s bylaws, policies, programs and services.
Applications can be submitted online or are available at City facilities. The deadline to apply is Friday, Feb. 28, 2020.
 Is this house a Heritage property? The owners don’t think so and they made a very compelling case to have it removed from the list. These are important committees that need people with a genuine interest in the welfare of people in Burlington and the preservation of its heritage.
Be prepared to learn, work hard and speak truth to power when you report to city council.
Background
• In May 2019, the City of Burlington sought online and in-person feedback from current citizen committee members and members of the public to explore how citizen committees might provide advice to Council and staff.
• A working team of residents are writing a report of their findings from these engagements that will be presented at a Council Workshop on Feb. 25, 2020.
• The Heritage Burlington and Burlington Accessibility committees are legislated and are the only two committees currently recruiting.
• To learn more about the review of Burlington City Council appointed advisory committees, visit getinvolvedburlington.ca
• To apply to become a member of the Heritage Burlington Advisory Committee or the Burlington Accessibility Advisory Committee, visit burlington.ca/committees
By Pepper Parr
February 7th, 2020
BURLINGTON, ON
As court cases go – this one went pretty quickly.
The city filed their application for an injunction on December 11, 2019 and they had a Judgement on January 23rd, 2020.
The reason for the speedy resolution to what was an unconscionable behavior by a property owner was that the property owner didn’t show up and didn’t file a defence.
Five citizens, two were city staff, provided affidavits setting out what the problem was and how it impacted their lives. City staff were providing critical data.
Doug Bishop, Warren Walker, Mary Alice St. James, Silvina Kade and Ibrahim Darjaj Sohebur Rehman Sheikh and Sadia Soheb were the defendants and the owners of the property who had caused so much grief and disruption to the residents in the Lakeshore at Goodram Drive part of the city.
 At one Rave party there were a reported 200 young people in the house – police needed three hours to clear them out. The city wanted an Interim, Interlocutory and Permanent Order restraining the Respondents Sohebur Rehman Sheikh and Sadia Soheb from using the land and building at 4319 Lakeshore Road, Burlington, Ontario in any manner except in accordance with the provisions of Part 2 of By-law 2020.
They also wanted an Order granting permission to Burlington to block or otherwise restrict access to the property at 4319 Lakeshore Road, Burlington, Ontario by any means deemed necessary and reasonable by Burlington or its authorized representatives, including the use of barricades or vehicles to block or restrict access to the property at 4319 Lakeshore Road, Burlington, Ontario, for the purpose of stopping any non-permitted use of the property which may be occurring at the property.
By law enforcement officer, Ibrahim Darbaj, said in an affidavit that he was able to get in touch with the person serving as a wedding co-ordinator who put him in touch with the couple marrying and learned that the Air BnB fee for a wedding that took place in August was reported at $2588.80
Darbaj also identified the property owners as Sohebur Rehman Sheikh and Sadia Soheb from provincial property records.
Neither Sohebur Rehman Sheikh nor Sadia Soheb submitted a defence. They basically walked away from the legal proceedings.
One of the parties involved in the matter reported that there were 200 rentals of the property over two and a half years and that one of the events, basically a Rave, brought the police to the house who proceeded to remove everyone – estimated to be 200 young people in a house with just the one exit in a major room.
Darbaj had a chance meeting with the wedding coordinator who gave him contact information for the couple being married on August 31st. He spoke to the groom and learned what the rental fee was.
Doug Walker, a resident in the immediate area said in his affidavit that he observed non-residential activities being conducted at 4319 Lakeshore Road, Burlington.
Walker said that “for at least the last 18 months, the Property has been used frequently for various events, including weddings, and which events have had many people in attendance, liquor being served and loud music being played. “On August 29, 2019, I wrote to the Mayor of Burlington complaining about the activities occurring at the Property. A large event on August 28th caused me to write my letter to the Mayor.
“There were many people in attendance on this occasion. I heard and observed a loud and large party. Music was being played outside at this event until well past midnight.
“As a result of this event, cars were parked along Oak Crescent, meaning that people leaving the event had to come back to their parked vehicles. As these people returned to their cars later in the evening, I was subjected to persons shouting; I observed vehicles being driven away at high speeds; and I witnessed a male person urinating on my neighbour’s front lawn.
“Ultimately, later that evening, I contacted the police and the police did arrive subsequently to investigate this situation.
“On August 31, 2019 I witnessed a large wedding taking place on the front lawn and inside the Property.
“I would estimate the number of attendees at this wedding to be approximately 100 people.
“On this occasion, I observed liquor being served inside and outside the house on the Property.
“From my residence, I could hear the music being played from the Property at a very loud volume.
“On that date, I again observed that the police arrived at the Property to investigate this situation.
 Mary Alice St.James with her notes and documentation. “On one other occasion, both Mary-Alice St. James and I saw large amounts of liquor being brought onto the Property for an event that was to happen that particular weekend. She and I talked with the person delivering the liquor and he advised Ms. St. James and me that it was for an event at the Property. I do not recall what kind of event for which it was being brought onto the Property.
“I have from time to time approached persons parking their cars on Oak Crescent by my house, and inquired of them the purpose of their attendance at the Property. I was advised by them that they were attending weddings at the Property. I did this on at least three occasions, meaning that there were at least three weddings being held at the Property between approximately June and August, 2019.
“I have observed many events occurring at the property and it is my understanding that persons get access to this Property through internet booking services. Particularly, for the past year or so, many events for the Property were reserved through AirBnB.
“Recently, AirBnB has dropped this Property from its site. However, this Property is now being advertised through AMG Properties and on Instagram and VRBO.”
Mary Alice St James who also lives in the immediate area said in her affidavit much the same, adding that “For well over a year, I have observed the Property being used frequently for various events, including weddings, proms, reunions and parties with many people in attendance, liquor being served and music being played.
“The Property does not have the parking capacity on it for all of the cars that arrive for the event.
“On November 2, 2019, I observed a Hallowe’en party taking place at the Property. On this occasion, I observed many of the party-goers being dropped off at the Property by what I observed to be older adults, whom I believe were their parents or guardians. Given the number of persons at this party and its raucous nature, I had concerns for the young party goers, and telephoned the police around 11:30 pm that night. I learned that the police were already at the Property and over the next two hours, under the direction of the police, the party-goers disbursed onto the streets in the neighbourhood, waiting for their rides, be it from Uber, taxis or parents. Those persons who had cars drove away, honking their car horns.
“On another occasion, I saw so many people at the Property attending an event at the Property that I was truly fearful for my own safety. On that occasion, I telephoned the police and the police subsequently attended to deal with the situation.
 Mary Alice St. James in full flight – delegating to city council “I have experienced noise well beyond midnight on many occasions, and during this past summer this occurred generally on both week-end nights and occasionally on week-nights.
“In conjunction with the events that I have observed, I have seen an open fire pit on the Property on at least one occasion, and I have seen fireworks set off from the Property, with such fireworks being set off on dates that were not associated with Victoria Day or Canada Day.
“From my observations, the people attending at the Property are different people on each occasion. Different people are attending different events at the Property.”
Area residents delegated at city council meetings pleading with council to do something. At the time both bylaw enforcement people and legal services didn’t offer all that much in the way of support.
The bylaw enforcement staff seemed to be taking the position that their hands were tied and the police weren’t seen as being all that pro-active.
 City bylaw enforcement officer. Ward 4 Councillor Shawna Stolte worked diligently behind the scenes to get someone to do something. She appears to have prevailed. On December 12 the owners of the property were served with notice that an application was being made to prevent them from renting the premises to people who were holding noisy parties.
On January 23rd Justice Gibson signed an order that was draconian in what the city, with the help of the police will be able to do.
THIS COURT ORDERS that the Respondents Sohebur Rehman Sheikh and Sadia Soheb be restrained from using the land and building at 4319 Lakeshore Road, Burlington, Ontario in any manner except in accordance with the provisions of Part 2 of By-law 2020.
THIS COURT ORDERS that the Respondents Sohebur Rehman Sheikh and Sadia Soheb be restrained from using or causing or permitting to be used the land and building at 4319 Lakeshore Road, Burlington, Ontario for the purpose of a non-permitted use, namely a commercial premises, in breach of the provisions of Part 2 of By-law 2020, as amended, being the Zoning By law of Burlington.
THIS COURT ORDERS that all expenses incurred by Burlington in relation to the implementation and enforcement of any Order granted herein, inclusive, but not limited to, the cost of Burlington staff and authorized representatives retained by Burlington to block or otherwise restrict access to the property at 4319 Lakeshore Road, Burlington, Ontario, be added to the Tax Roll for 4319 Lakeshore Road, Burlington, Ontario, with such charges to be collected in a like manner as realty taxes
 Park this puppy in the driveway and see what happens. THIS COURT ORDERS that the Applicant be granted permission to block or otherwise restrict access to the property at 4319 Lakeshore Road, Burlington, Ontario by any means deemed necessary and reasonable by Burlington or its authorized representatives, including the use of barricades or vehicles to block or restrict access to the property at 4319 Lakeshore Road, Burlington, Ontario) for the purpose of stopping any non-permitted use of the property which may be occurring at the property,
THIS COURT ORDERS that the Sheriff for the Regional Municipality of Halton (the “Sheriff”) shall do all things reasonably able to be done, with such force and assistance as is required in the circumstances, to prevent or stop breaches of1his Judgment.
THIS COURT ORDERS that in the event that the Sheriff believes that the execution of this Judgment may give rise to a breach of the peace, he or she may require a police officer to accompany him or her and assist in the execution of this Judgment.
THIS COURT ORDERS that the Respondents Sohebur Rehman Sheikh and Sadia Soheb pay to The Corporation of the City of Burlington costs on a partial indemnity basis fixed in the sum of $9,500.
The Court decision sends out a really clear message to the Air BnB community – you can’t do that here anymore.
 Shawna Stolte asked a lot of questions and pushed people who weren’t used to a Councillor working this hard for their constituents Burlington has done not only the province but the whole country a favour by taking a risk and petitioning the courts.
Mary Alice St. James said she was proud of the way her community fought back and pushed the city to take some action. Two years of abusive neighbors was enough.
The ward 4 Councillor worked all the angles and did what had to be done to get some serious action – she is becoming a rock star.
Related news story
Immediate action decided upon in October – by January they had a decision.
Residents keep the pressure up – but action is slow in coming – and the noise prevails.
 By Staff
February 7th, 2020
BURLINGTON, ON
The Itabashi Garden at the Tansley Community Centre has won the Parks and Recreation Ontario 2020 Award of Excellence for Recreational Facility or (non-aquatic) Park Design.
 The stone pagoda and the quiet little, what we would call a gazebo, give visitors a place to sit and just enjoy it all. Photo by Richard-Mandelkorn  A Stone Pagoda is part of the garden setting. The Japanese garden, designed by Virginia Burt Designs, opened on Canada Day 2019 with the official delegation from Itabashi, Japan, members of Burlington City Council, and the Consul-General of Japan in Toronto, Takako Ito.
Burlington and Itabashi, Japan have been twin cities for 30 years.
The Japanese garden’s design was inspired by gardens of the Itabashi area and the local Burlington landscape, including the escarpment and local plants.
Allan Magi, Executive Director, Environment, Infrastructure and Community Services, whose team handled the oversight of the garden ‘construction’ said: “We are very excited about this Award of Excellence. The success of the Itabashi Garden is a result of the collaborative efforts of City staff with Burlington Mundialization Sub-Committee members, Landscape Architect Virginia Burt and the quality construction of the garden by Environmental Design Group.
 The garden is Japanese in design and purpose that chose to use rocks from the Escarpment to give it a Canadian flavour. Here rocks are being put in place. The Burlington team worked closely with the team in Itabashi, Japan which shows in the authenticity of the new Japanese garden. I encourage everyone to go see it for themselves. It truly is a beautiful garden.”
Winter isn’t the best time to appreciate what has been done with the space. When the weather is better we will do a full photo feature of a garden that is tucked away and perhaps not as appreciated as it should be.
 By Pepper Parr
February 7th, 2020
BURLINGTON, ON
Family Day is a relatively new event for the people of Ontario.
Everyone seems to want to exploit the day by offering the public something.
The province has jumped on that bandwagon and is letting people fish for free – by that they mean you don’t need a license.
We didn’t know you needed a license to put a hook at the end of a piece of string and put a worm on the hook, drop it into the water and see if a fish bites.
Apparently you need a license.
Family Day is February 17th – given the weather today there is every reason to believe that it will be just as cold on the 17th.
So if you are fishing – it will be out of a little hut on a frozen lake.
There are hundreds of people who bundle up, head out onto the ice, cut a hole in the ice and drop a fishing line down.
 These people seem to know where the fish are. Most drive out onto the ice in a snowmobile – every year we read of someone who waited a little too long when Spring came around and their snowmobile sunk through what ice was left.
Usually these people have a little hut, sometime with a heating device or something in a bottle that makes you feel warm inside. Ontarians do some strange things to occupy their time.
The provincial government see this as an occasion when they can make spending time with family more affordable and invites families to fish for free on Family Day weekend.
 This is about as Canadian as you can get – especially if they can watch a hockey game while they wait for a fish to bite. From February 15 to 17, Canadian residents of all ages can enjoy fishing in Ontario without having to purchase a licence or carry an Outdoors Card.
“Our government is making it easier for families to spend quality time together while enjoying Ontario’s world-class lakes, rivers and streams,” said John Yakabuski, Minister of Natural Resources and Forestry. “We have made life more affordable by doubling the number of free fishing events to also include the Mother’s Day and Father’s Day weekends.”
Now the Mother’s Day and Father’s Day weekends are not a bad idea – but fishing in February?
Veterans and active Canadian Armed Forces members residing in Ontario can enjoy year-round recreational fishing without having to purchase a fishing licence.
 By Staff
February 7th, 2020
BURLINGTON, ON
The Burlington Foundation last month announced the largest donation in its 20-year history through a legacy gift of $2.7-million by Dr. Wally Pieczonka.
 Dr. Wally Pieczonka.  Establishing the Pieczonka Family Foundation Fund through this remarkable act of generosity, Dr. Pieczonka and family will partner with Burlington Foundation to continue to realize the family’s vision to forever change lives through cultivating a thriving performing and visual arts community in Burlington and surrounding community.
Whether to expand accessibility to the arts for our most vulnerable individuals in the community; fuel innovative arts programming; or to boost sustainability for many beloved arts organizations in need, the establishment of this endowment fund will have the power to transform our arts community for generations.
After many years of supporting his philanthropic work through a private family foundation, with this announcement, Dr. Pieczonka is deepening his long-standing relationship with Burlington Foundation by transferring the stewardship of his life’s giving to the Foundation.
With this new donor-advised fund, the Foundation will partner with the Pieczonka family to ensure its wishes have the greatest impact on community through the arts for generations to come.
“My family and I believe the arts act as a unifying force that brings people together and we have been so proud to be able to raise up community-based arts which have sadly been critically and chronically underfunded,” says Dr. Pieczonka. “By choosing to entrust Burlington Foundation to guide and implement my family’s lifetime of giving through this foundation fund, I know our passion to strengthen the sustainability of the arts will continue to be honoured and importantly, have the greatest impact, well beyond the world of my children and grandchildren.”
 The Performing Arts Centre has been a beneficiary of Pieczonka philanthropy. In 2012, Dr. Pieczonka established his first endowment fund with Burlington Foundation in loving memory of his late wife, Mavis Pieczonka. A founding member of the Burlington Foundation board, the retired Burlington business leader and founder of Gennum Corporation, was honoured by the Foundation in 2017 as Burlington’s Distinguished Philanthropist of the Year for his long-standing impact in our community. He also received an INCITE Award for the Arts in that same year.
Numerous organizations have been beneficiaries of Wally’s giving including The Burlington Performing Arts Centre, Burlington Symphony Orchestra, Southern Ontario Lyric Opera, the Art Gallery of Burlington, Hamilton Philharmonic Orchestra, and his alma maters, McMaster University and the University of Saskatchewan.
 By Staff
February 7th, 20020
BURLINGTON, ON
The Different Drummer Books is going to celebrate Valentine’s Day and the genius of The Burlington Storytellers Guild, which is an association of storytellers in and around Burlington, dedicated to the growth, development and expansion of oral tradition storytelling as an art form.
 The Guild was formed in 1994 “For the furtherance and enjoyment of Storytelling.” Originally, folks met in St. Philip’s Anglican Church in Burlington and over the years there have been many wonderful Storytelling Circles, Festivals, Concerts, Courses and Workshops. Today, the Guild continues to provide a dynamic Storytelling presence in the Burlington area.
With great humour and verve, these marvellous yarn-spinners offer varied tales of love’s misadventures and glories in a captivating program.
Admission is $15. To reserve seats, please contact us at 905 639 0925 or diffdrum@mac.com.
A Different Drummer Books
513 Locust Street Burlington
Sunday February 16 2pm
Admission $15
By Pepper Parr
February 6th, 2020
BURLINGTON, ON
The only tool that matters for anyone serving the public is the ability to communicate – for those who are elected to serve the public the ability to communicate and do it well is critical.
 Much of our communication is done electronically. Email has taken the place of writing a letter.
How this electronic messaging is managed has become a serious issue for both the people sending the message and those getting the message.
City staff and members of council are being overwhelmed with email.
 Ward 2 Councillor Lisa Kearns on the day she was sworn in. This past year, an audit was conducted on the progress of a new system designed to quickly and efficiently address service requests to the city, including the Councillors’ Offices. While this system is intended to work for us, there have been some limitations that are now identified.
In a report to her constituents Ward 2 Councillor Lisa Kearns said the “report tells us that the successful outcome of the Customer Relationship Management (CRM) implementation depends on 100% adoption, usage, and proficiency in the new system.
“Each of these human factors have a direct correlation to the expected benefits from this project. At its current implementation point, the first phase has not delivered the intended benefits and has resulted in a pause to address the model and other initiatives to achieve the Service Brilliance Strategy.”
Kearns adds: “The Councillor offices were the first department to go live with this new technology – if you have emailed Ward2@Burlington.ca, then your request was entered into the CRM system, a case was created, and sent directly to the appropriate department to resolve. It is important to have issues resolved and to have a direct line of communication with your Councillor.
 Lisa Kearns speaking to her constituents. She is great with the one line zingers. “I am not always aware of requests through CRM, nor do I have complete access to the system to see what issues are happening. I received many follow ups asking when or if an issue was resolved and some issues took multiple requests to find out the status. We know that when you take the time to contact your city representative, you deserve the respect to have an answer – we can do better on this and are working on improvements.”
If anything Kearns is proactive. She has said that the following are essentials steps that have to be taken.
• Improved email management across accounts with response acknowledgement.
• I will be re-booting my website www.LisaKearnsWard2.ca to deliver real time information and insight on what’s happening.
• A new social media strategy has been developed to get ahead of broader community issues.
• Newsletters will continue well in advance of Committee Meetings so you can have your say on what’s important.
• Community Update Meetings will continue in 2020 so you can hear and learn about the latest with an open Q&A to follow.
• A new video based approach to give you quick & easy updates on issue or site specific interests.
Kearns wants any ideas you might have.
With a new city Clerk hired and showing up for work in the 18th, current city Clerk Angela Morgan moves in to the Executive Lead-Customer Service for the CRM system now in place.
Many, including the Gazette, wondered if Morgan was the right choice to lead the city into a better way of communicating. Change takes place when the leadership brings an approach and a skill set that aligns with the people who are supposed to benefit from the change.
 City Clerk Angela Morgan Morgan has not always been a champion of a citizen’s need for information. Her interpretation of the rules and the way she chose to implement them has often been suspect.
Several past incidents to make the point.
In 2014, when Rick Goldring was Mayor and running for re-election, he decided to take part in a world-wide environmental issue that had leading public officials from cities around the world meeting with the public.
 City Clerk forced Mayor Goldring to hold his event on a city sidewalk – wasn’t allowed to use the Gazebo at Spencer Smith Park Goldring had planned to use the old Gazebo in Spencer Smith Park as the platform from which he could speak.
Nope, said city Clerk Morgan; that is city property and you can’t use it with an election going on.
Goldring was representing the city on a world level issue – doing his job rather well on the issue. He ended up talking to people on a street corner outside a coffee shop.
Goldring should have told the Clerk she was offside and held his event.
When Marianne Meed Ward was running for re-election in 2014 she rented space at the Art Gallery for an election event. That was permitted – but she was told her team could not wear their election T shirts anywhere else in the Art Gallery other than the space they had rented. Getting to the washrooms became a problem
 The Meed Ward fridge magnet In the 2018 election there was a lot of fussing about how personal vehicles could be used for election purposes. Meed Ward came up with the idea of providing people with small fridge magnets they could place on their cars.
Nope said the city Clerk Morgan; that would be classified as vehicle advertising – the magnets were 5 x 5 inches in size.
 City Clerk Angela Morgan signing the 2010 election returns. Dealing with the public as a civil servant requires a finely-tuned skill set. The people at city hall are not police officers; they are there to help people; to explain what can be done and to help people get things done.
Overseeing and implementing a CRM (Customer Relations Management) system) requires a mindset quite different than we have seen from Morgan in the ten years we have followed her career at city hall.
 By Staff
February 6th, 2020
BURLINGTON, ON
It is not just the traditional and known developers who want to build in Burlington.
Metrolinx operates the GO train system in the province including the three station in Burlington; the GO station on Fairview, the station in the west end in Aldershot and the station in the east end – Appleby Line.
During the council meeting that was deliberating at the “Taking a Closer Look at Downtown report last week, it became clear that the Planning department was quite aware of that Metrolinx had plans for the property owned around each of the stations.
 Entrance on the south side of the Burlington GO station; some are concerned about having to cross that wide roadway with buses coming in one after the other. The focus right now is the station on the north side of Fairview where there are land holding north and south of the railway tracks. Metrolinx has an interest in developing their property.
Jim Young, a transit advocate told the Gazette that Metrolinx will consider development at all its stations where there of profitable potential. They are said to be particularly interested in providing retail space where commuter convenience can be offered.
Metrolinx didn’t spell anything out but is reported to have said that serious consideration being given to additional parking. Currently Metrolinx 77,000 parking spots and plans on adding another 23, 000 system wide …possibly 800 in the Burlington market. It wasn’t clear if this was for all three Burlington stations.
The audience was told that Toronto Star reports that parking fees were in the future were “unsubstantiated and not under serious consideration at this time.
 Electrifying the Lakeshore west line and offering 15 minute service is part of the going forward plan – no dates on either yet. Electrification of the Lakeshore West line is more of a long term plan with no specific dates. The type of electrification has also not been determined. Overhead or diesel/fuel cell hybrid being technically evaluated.
Same with 15 minute service – no specific date; Metrolinx is working with local transit bodies to ensure local support and connections are in place.
Why no Presto scanners on trains like they have on buses? Buses charge per journey. ….. Trains per stop/station.
There was some serious criticism of Wheelchair Access at Burlington GO The distance from Parking to first access ramp and the roundabout route from entry to elevators and back to platforms is a problem issue.
No answer on why old north side bus terminal has 11 bus bays while south only has 6. This causes city buses to drop people on Fairview, on both sides of road with danger of crossing and buses waiting to connect with train causing traffic snags.
 Naming rights for the GO stations – wonder what they will go for? Naming rights for stations is under consideration .. But not committed yet. One wag wondered how popular TD Aldershot or RBC Appleby would be would be after the first derailment or passenger injury on the news at “Named Station”
Related news story:
Metrolinx shows its development hand.
By Staff
February 5th, 2020
BURLINGTON, ON
This is a little like selling umbrellas when it’s raining.
 Museums Burlington, operators of the Joseph Brant Museum and Ireland House have announced a Day camp for tomorrow, Thursday, February 6 (for kids ages 5-12) is open for registration.
It’s a Fairy Tales & Fables themed day at Joseph Brant Museum (1240 North Shore Boulevard E., Burlington), complete with a visit to the Mythic Creatures exhibition visiting from the American Museum of Natural History.
The cost is $40/child and the hours are from 9:00 am to 4:00 pm.
 An added bonus for kids who spend time at the Strike Camp. Kudo’s to the Museum people for this entrepreneurial streak and taking advantage of an opportunity to serve a public need and showing parents how they can come out $20 ahead.
The Day Camp fee is $40 and the government was offering $60 for the trouble parents were being put to in finding day care service.
This is one of those win-win-win situations – isn’t it?
CLICK here for registration
By Pepper Parr
February 5th, 2020
BURLINGTON, ON
Now for the hard part – convincing those seriously opposed to the Private Tree Bylaw that it can work and that the city is going to be both reasonable and understanding.
That is a tough sell at this point. In the past the forestry people h ave not been all that reasonable and not very understanding either.
 Ward 5 Councillor Paul Sharman While Council voted for this bylaw unanimously, Councillor Sharman was very vocal saying that the plan had been rushed and not thoroughly thought through. He fully expects to see this bylaw back before council at some point. His comments are linked below.
Part of the agreement when the bylaw was passed was that the city was going to hold a series of public information sessions to help residents and businesses learn about the newly adopted Private Tree Bylaw.
The information sessions will be held in various parts of the City at both afternoon and evening times to better accommodate people’s schedules.
Tuesday, Feb. 18, 2020
Appleby Ice Centre, Community Room 1
1 to 3 p.m. and 7 to 9 p.m.
Wednesday, Feb. 19, 2020
Central Arena, Auditorium
1 to 3 p.m.
Wednesday, Feb. 19, 2020
Burlington Seniors’ Centre, Freeman and Indian Point Rooms
7 to 9 p.m.
Thursday, Feb. 20, 2020
Aldershot Arena, Community Room
7 to 9 p.m.
Registration is not necessary. Presentation and Q&A will begin 15-minutes after start-times.
 The issue is the tree canopy – saving what we have and growing even more. Interesting to note that there are no presentations for the communities north of the QEW and south of Dundas/407.
The rural communities are exempted from the bylaw until more research is done and a there better understanding of rural needs.
The sessions will cover when a permit is required, when it is not, replacement trees and costs. Participants will also be able to ask questions of Forestry staff.
 Councillors Paul Sharman and Angelo Bentivegna conferring on an issue. Councillor Sharman and Bentivegna were opposed to the approach the city was taking. Bentivegna wanted the city to spend money on planting more trees and not spend money on preventing people from removing trees to improve their property.
About the Private Tree Bylaw
As of Jan. 27, 2020, anyone within the City’s urban boundary will need to apply online for a permit and on-site consultation to remove a tree greater than 20 cm in diameter (8”) measured at 1.4 m from the ground, or if you would like to remove more than five trees between 10 and 20 cm (4-8”) measured at 1.4 m from the ground in a calendar year. Heritage trees and endangered species are also protected.
Permits are also needed for any activity that may injure or damage a tree.
To apply for a permit or to read the full bylaw, including information on permits, protected trees, exemptions and fines, visit Burlington.ca/PrivateTree.
 Steve Robinson, Manager of Forestry Steve Robinson, Manager of Forestry is the lead on this. His challenge is to convince people to work with him. If he does that he could grow professionally and get elevated to one of those Executive Director positions the city has created.
Robinson said: “This bylaw is an important piece of legislation. I encourage any homeowner thinking of doing any backyard or home renovation to attend one of these sessions to learn about what requires a permit, what doesn’t, replacement trees, costs and the process.
Contractors, developers, arbourists, pool companies and landscape tradespeople are encouraged to attend as well.”
 By Andrew Drummond
February 5th, 2020
BURLINGTON, ON
This week, across Halton region there will be three days of education disruption. The elementary teachers will be striking Monday and Thursday while their counterparts in the Secondary system will be striking Tuesday. The reasons for the strikes are many, but the attitude of the Minister of Education has been puzzling throughout. Despite the obvious false nature of many of his comments, the Minister has stuck to the talking point of this being entirely about compensation for teachers. It feels occasionally like the reason we are in such a mess with education in Ontario was that because Minister Lecce and Premier Ford hate teachers, they assumed that everyone hated teachers. Then, once they discovered that to be untrue, they had no backup plan to build a plan that would be palatable to the public.
 Teachers take over the side walks across Halton. Regardless of the reasons, Ontario is now in a state of distress regarding its education systems. For the first time in decades, every union representing educators is in a strike position. And for all the bluster with press releases and accusations, there are only three primary areas of contention between the two sides: class sizes, salaries, and mandatory e-learning. One of these, salaries, has some limited legitimacy as a contentious issue, but the other two are such terrible ideas that the government has been unable to even defend them effectively.
The biggest hole in the government’s plan is the planned implementation of mandatory e-learning. The government’s dictum for students graduating in 2024 and beyond (typically students in Grade 8 today) will be that in order to get a Secondary School Diploma, they will need to have earned 2 e-learning credits, meaning credits taken online rather than in a classroom. The government had previously intended to require 4 credits but reduced the decision in November after public outcry.
When asked to explain the rationale for this requirement, the government stated that mandatory e-learning will allow Ontario to be “a global leader of modern and digital education,”. Unfortunately, there is very little evidence to suggest that making e-learning mandatory will accomplish that goal. Five jurisdictions in North America (Michigan, Alabama, Florida, Arkansas, and Virginia) have experimented with 1 mandatory credit, but none of those programs has been successful with lowered passing rates from every data point available.
In reality, the government is just looking to cut more teaching positions. The e-learning courses would be offered with a teacher to student ratio of 35:1 which would be considerably higher than the in classroom 22.5:1 currently or even the 25:1 proposed. Of note, when e-learning was implemented in Alabama, it was done with LOWER teacher to student ratios in order to give students the best chance of success. If student success was truly the goal in Ontario, there would be additional resources to support the program. However, by presenting it as a reduction in teacher support it is clear that for Ontario, e-learning is only a mechanism to reduce the number of teachers.
 It it’s not just the teachers looking for an increase – educational works take to the picket lines. The second major issue in negotiations is salary. The government’s talking points in this dispute revolve entirely around the strike being an issue of teacher compensation. Minister Lecce has stated repeatedly “We prioritize student investment over compensation.” The government has publicly offered the educators a salary increase of 1% per year for three years. The concern is that the inflation rate in Ontario is 2.3%. Therefore, a compensation increase of 1% is really a cut of 1.3% in purchasing power. The ask of the teachers matches most private sector companies. In the private sector, most offer their employees a minimum of a 2% increase every year as “Cost of Living” and performance dictates any increase beyond that. This is seen as necessary to retain talent, but the government is trying to restrain that expected increase for the teachers.
In November, the government also passed the “Protecting a Sustainable Public Sector for Future Generations Act” to mandate by law that teachers not be eligible for an increase greater than 1%. While not frequent in its talking points, the law is nevertheless used as part of the government’s case (though it is being challenged in court as unconstitutional). The hypocrisy though is that while the legislation would cap increases for teachers and nurses among others, there is a lengthy list of professions that are exempt including:
– OPP officers who won a 2.15% increase in an arbitrated settlement earlier this year
– Doctors, who won an arbitrated settlement to increase fees earlier this year
– Crown Attorneys, who are currently negotiating their next agreement
– Deputy Ministers, whose salary has increased by 14% across the past 4 years
A quick analysis of this list shows the government aggressively fighting wage increases for low earners, but allowing bigger increases for highly paid professions. Limiting compensation is an expected position for the government to take in a bargaining negotiation, but legislation to cap an increase below both inflation and other higher paid positions is not bargaining in good faith.
 Teachers line the sidewalk outside Nelson high school. The last of the primary demands from the government is the increase in secondary class sizes from a student:teacher ratio of 22:1 to a ratio of 25:1. This again, is a retreat from the government as the initial demanded ratio was 28:1. The government nonsensically states that this can be achieved with no teacher layoffs, though the layoffs in every board as a result of increasing to the 22.5:1 ratio in September 2019 shows this to be categorically untrue.
The additional frustrations of this government demand is the clear deception regarding no layoffs (simple math shows that 12% fewer teachers are needed at 25:1 rather than 22:1), but also that the government messaging continues to suggest they prioritize student resources over compensation. It begs the question, what resources are more important to students than their teachers? By essentially removing 1 out of 8 teaching positions, they are depriving students of the very resources they are trying to say they prioritize.
In short, it is clear that the government’s attempts to enforce mandatory e-learning are actually a cover to reduce the number of teaching positions. It is clear that the increase in class sizes will do nothing for student achievement, but will reduce the number of teaching positions. And, it is clear that the government intends to use whatever means necessary to reduce the compensation of whatever teachers remain after these cuts.
 Another photo op for the New Democratic leader. Andrea Horvath with teachers. The government has an obvious hatred for teachers shown in the false and duplicitous nature of Minister Lecce’s public statements. The government is clearly forcing e-learning for the purpose of cutting teachers and classroom support. And the government mandated class size increases, while profitable, will degrade the quality of public education in Ontario. Is it for those reasons and others, that such an unprecedented number of parents, students, and community members have been joining teachers on the picket lines to help fight these cuts, and to fight for the education resources that Ontario’s students deserve.
 Andrew Drummond was the New Democrat candidate in the 2018 provincial election. He placed second behind Jane McKenna who won the seat in a previous election. VOTES in the 2018 election were: 25,504 PC; 18,053 NDP; 15,515 Liberal; 2828 Green
By Staff
February 4th, 2020
BURLINGTON, ON
 Kevin Arjoon was named the new Clerk for the city. He will take up his duties on February 18th.
He has served as Clerk and an assistant Clerk in a number of municipalities across Canada.
Arjoon graduated from the University of Toronto, Trinity College, with a Bachelor of Arts, majoring in Political Science.
He has completed the Municipal Administration Program, offered by the Association of Municipal Clerks and Treasurers of Ontario.
More on Kevin later in the week.
By Staff
February 4th, 2020
BURLINGTON, ON
The city announced earlier today that its Legal Services department was successful in obtaining a permanent injunction against homeowners operating a commercial ‘party house’ in a residential area on Lakeshore Road near Goodram Drive in contravention of the City’s zoning bylaw.
 Wild parties, noises that went well into the early mornings. By law enforcement found their hands tied – a Judge untied them and gave the city a permanent injunction. The City had received numerous complaints about the property being rented for parties, weddings and other events. These events caused residents in the area great amounts of stress and denied them the normal enjoyment of their neighbourhood.
The order obtained by the City prohibits the use of the property for commercial purposes or otherwise in a manner not permitted by City’s zoning bylaw. The City was also awarded costs in favour of $9500.
The order is subject to a 30-day appeal period.
Background:
When the City receives bylaw enforcement related complaints, City staff review and investigate the complaint.
If it is determined that a bylaw infraction has occurred, then City staff begin by working with the property owner to gain compliance, educate the property owner and to ensure it doesn’t occur again.
The vast majority of complaints are dealt with in this manner
In instances where an agreement can’t be reached with the property owner(s) to gain compliance or there are repeat violations, the City may lay charges under the appropriate bylaw or seek to obtain compliance through other means, which may involve Superior Court proceedings, where appropriate.
The City receives over 4000 bylaw related complaints a year.
 Nick Anastasopoulos, Director, Building & By-Law Nick Anastasopoulos, Director, Building & By-Law, the man who has to handle those 4000 complaints said he was “very pleased with the outcome of the hearing. Residents can rest assured that the City will act when homeowners use their residences for commercial purposes such as banquets and other events that are not permitted under the City’s Zoning By-Law.
 Such uses consequently have a severe impact on residents and their neighbourhoods and it’s our responsibility to prevent that from occurring. City staff in Legal Services and our By-Law enforcement team worked closely with the Ward Councillor Shawna Stolte and residents to help bring about this successful outcome.”
Related news stories:
City tries to take action.
Police shut the house down
By Pepper Parr
February 4th, 2020
BURLINGTON, ON
What kind of a city are we going to have three, five or ten years hence?
City council told the SGL consultants that they were content with the work done so far and then endorsed that work with a unanimous vote. The work being done is referred to as the “preferred concept” which sets out what the city would like to see built.
 After months of work with the community and hours of thinking by the SGL, the consultants and Planning staff they were ready to put it all on the table. From the left: Paul Lowes, Catherine xxx, Alison Enns and Charles Walker The reality is – the developer has to look at what the city wants to see and work through what they want to build. The end result is usually somewhere in between.
The consultants, the people from the Planning department working on this file, now return to their desks and begin developing the policy statements that will make the endorsement law sometime in April.
Not actually law quite yet.
When the scope stuff is completed and inserted into the approved but not yet WORD and then gets approved by Council – it then gets sent to the Region where they put their thumb print on the document and send it back – and THEN we have a new bylaw.
Of course everything that was submitted to the planning department under the old, existing and in force bylaw will be judged and interpreted under that Official Plan.
During the discussion and debate on want were presented as “preferred concepts” council made some significant changes.
 Architectural model of Village Square; a part of the city that has heritage designation. and a rich past but has floundered during the past decade. Council wanted to build on the unique feel the Village has. They took a much closer look at the Village Square and at the property on Brant, north of Caroline, where the No Frills Supermarket is located.
They also did a deeper dive on the property at Brant and Ghent where the Molinaro Group owns three of the four corners. Mention is made of a park in this location.
The lands on the north side of Fairview where the Paradigm development is ready to start on the final phase of the five tower development are getting a lot of attention. This is where the GO station is located and is designated as a MTSA with the expectation the high rise will prevail. Metrolinx, the authority that runs the GO train system owns a considerable amount of land within the boundary and, the city planners think Metrolinx is going to want to do some development of their own.
There is a lot of Metrolinx parking space on the north and south side of the railway tracks that could meet the criteria for the kind of development the current city council campaigned for in the October 2018 election.
The area that developers have been crawling all over is bound by Brant on the west, Fairview on the south, the railway tracks on the north and Drury on the east.
The following photo essay focuses on the No Frills location on Brant.
 The land to the immediate south of the plaza property has a city parking lot on the east side and rear entrance to Joe Dogs and a tire dealer plus a convenience store. These could be included creating a very strong commercial centre. John Street runs right into the property. The city has a large parking lot on the south east side of John, which at that point is actually a lane and not a street. Lanes get treated differently.
Council agreed that whatever John is going to be should be extended north to Victoria.
 Rambo Creek could get an upgrade – maybe a place for swans? Rambo creek is the eastern boundary. Plans are to clean up the space along the edge of that creek and turn it into a park like setting with benches.
Mayor Marianne Meed Ward was very keen on the idea of a park in that immediate area. There are currently two banks, a dry cleaner, a nail shop, a Dollarama, a pharmacy and a Tim Hortons along with a building that has office space.
The city has yet to receive a development application from anyone. The Planners are setting out what the city will be asked to approve.
The property from the southern edge of the plaza to Caroline Street has another bank, two hospitality locations (Joe Dogs and an Italian restaurant and the Bell Telephone switching station on the corner of Caroline and Brant.
The switching station isn’t going anywhere soon but everything else has development potential and could become a major commercial focus with high rise residential included.
 A super market would be moved close to the street with higher buildings – up to 17 storeys between the supermarket and Rambo Creek. The planning consultant thinking would move the supermarket to the Brant street side, put parking underground and put residential reasonably close to the edge of Rambo Creek. This of course is all speculative.
In their report to council the consultants, SGL, with Planning staff cheering them on, recommended:
 A transportation corridor, not necessarily a road, would be in the space and a park as well as a trail alongside Rambo Creek. The Mid Brant Precinct will serve as a mixed-use neighbourhood containing a significant amount of retail space including servicing a food store function.
The precinct will function as a major retail centre that serves the day-to-day and weekly shopping needs of Downtown residents.
To support a walkable community the entire area must provide an accessible and attractive pedestrian environment with wide sidewalks, and greenway connections to adjacent residential neighbourhoods.
Future development will also result in the redevelopment of surface parking lots and the intensification of under-utilized buildings.
Brant Street will be enhanced as a Pedestrian Priority Street with wide sidewalks, bringing buildings close to the street and small urban squares adjacent to Brant Street. The extension of John Street will reduce the number of driveways necessary along Brant Street and help to improve the pedestrian priority of Brant Street through this precinct.
An increased open space buffer will be provided along Rambo creek with a walking trail along the west side of the Creek. John Street will be extended north as a local road abutting the open space. Together the open space and John Street will create a significant separation from the low-rise neighbourhood to the east.
To create an appropriate height transition to the neighbourhoods to the east, a 45 degree angular plane will be measured from the western property line of the creek block.
 Rambo Creek is on the right. A new public urban park will also be created in the block. A detailed block plan study will be required prior to applications with the block from Caroline Street to Victoria Avenue to identify the size, location and configuration of the public park; the boundary of the open space along Rambo Creek; the configuration of the John Street extension and the siting of all buildings.
Max. 3 storeys for 20 m. from Brant Street.
3 storeys abutting Rambo Creek
Max. 17 storeys in centre of the block subject to a 45 degree angular plane from the western property line of the creek block.
Later this week we look more closely at the plans for the land around the GO station, the Village Square and then the Brant Ghent intersection.
By Pepper Parr
February 4th, 2020
BURLINGTON, ON
Getting city hall to just be up front and open is very difficult.
 The vehicle had city markings – the parking spot was clearly marked. Someone screwed up. A city vehicle was parked in a handicapped spot at Costco.
The city issued a statement over the weekend and later the Director of Transportation issued a written statement and then was interviewed by CBC radio.
It could have gone like this:
The city contracts some of its parking enforcement work to a third party. The city provides a vehicle with city markings.
When we became aware that someone had used the city vehicle improperly we immediately investigated and asked the third party to take their employee off city work.
Burlington will not tolerate this kind of behaviour.
But that isn’t what the city did.
Director of Transportation Vito Tolone said on CBC radio:
Vito Tolone, the city’s director of transportation services, said in a statement Monday morning, the officer involved is “no longer” working for the city.
“He also says the city is following up with the contractor to ensure the same situation doesn’t repeat itself and adds all parking tickets issued by the officer are being reviewed.”
Much of the parking enforcement work is done by the Corps of Commissioners who have high standards. The Corps tends to hire former Armed Forces personnel.
People screw up – fess up and move on. The email traffic and the telephone calls on this issue must have been wicked Monday morning. The city might think of appointing a spokesperson who does the radio interviews – it is easy to get confused when you know you are on the air and you might be live.
 Vito Tolone, the city’s director of transportation services. For the public it is a matter of trust; ‘can I believe what they say?’ We the city reverts to that “Best city to live in line …” trust gets a little thin.
Print is a little different – there is usually more time and you can follow up.
Heck of a way for Vito Tolone to cap a career – he has been with the city for 30 years – public speaking isn’t one of his strong points.
Related news stories:
The Gazette original story
The city’s first statement.
The city’s second statement
By Staff
February 3rd, 2020
BURLINGTON, ON
Well that’s the end of that story.
A tough city response to a stupid mistake by an employee or someone under contract; whichever – he or she is no longer with the city.
Statement from Vito Tolone, Director of Transportation Services, Vito Tolone issued a statement today saying:
 Director of Transportation Services, Vito Tolone. “This past weekend, several Burlington residents informed city officials through various social media platforms about a member of the City’s Parking Services team abusing accessible parking spaces specifically reserved for persons displaying a valid accessible parking permit.
 City car parked in a handicapped spot at Costco. That was a no no that cost the drive their job, City of Burlington staff and their contractors are well aware of the behaviours and code of conduct expected when performing their jobs.
The actions of the individual in question are completely unacceptable and out of line with the values expected of Burlington city staff. All municipal parking bylaws are to be followed by everyone, with no exceptions.
As a result, the City of Burlington has followed up with disciplinary action and the individual involved will no longer be working for the City of Burlington. Transportation Services staff will be following up with the enforcement contractor to ensure this does not happen again. All parking tickets issued by subject enforcement officer will be reviewed to certify that they were issued in accordance with the City’s policies and procedures.
We’d like thank members of the public for bringing this matter forward and apologize for the inconvenience and distress this may have caused.”
You’re welcome Vito
And that closes that file.
 By Staff
February 3rd, 2020
BURLINGTON, ON
If you have been named in a police report and after going through the judicial procedure and were found not guilty of what you were charged with, or the police dropped the charge, be in touch with the Publisher of the Gazette and we will pull the original report and publish the results of the trial if you wish.
On February 1, 2020, just after 11:00 pm, Halton Police officers responded to a citizen-initiated complaint in the area of Maple Avenue and Main Street South in Halton Hills. As a result of an investigation, Charles Given (57) of Halton Hills was charged with operation while impaired and blood alcohol concentration 80mgs or more, within two hours.
 On February 2, 2020, just before 10:00 am, Halton Police officers responded to a citizen-initiated complaint in the area of Queen Street and Tanners Drive in Halton Hills. As a result of an investigation, Marta Tremblett (33) of Halton Hills was charged with operation while impaired.
On February 2, 2020 just before 3:30 pm, Halton Police officers responded to a collision in the area of Third Line and Speers Road in Oakville. As a result of an investigation, Viktor Zhygadlo (38) of Mississauga was charged with blood alcohol concentration 80mgs or more, within two hours.
On February 2, 2020 just after 7:30 pm, Halton Police officers responded to a collision in the area of Appleby Line and Upper Middle Road in Burlington. As a result of an investigation, Fation Pogace (44) of Burlington was charged with blood alcohol concentration 80mgs or more, within two hours.
The Halton Regional Police Service remains committed to road safety through prevention, education and enforcement initiatives.
Members of the public are reminded that driving under the influence of drugs and/or alcohol is a crime in progress and to call 9-1-1 immediately to report a suspected impaired driver.
The Service’s Twitter and Facebook accounts should not be used for this purpose as they are not monitored 24 hours a day, seven days a week.
People charged with a criminal offence are presumed innocent until proven guilty in a court of law.
 Trumpeter Swan  By Staff
February 3rd, 2020
BURLINGTON, ON
Last year the Gazette sponsored a photography contest in collaboration with the Trumpeter Swan Coalition.
We received a wonderful collection of photographs and winners were chosen by the Coalition
We were getting reading to announce and then promote a photo contest this year when the coalition told us that:
Unfortunately, due to all the construction at LaSalle and the complete obstruction of the parking lot, we decided last week not to hold Family Day this year. Having people park up top and walk down presents too much liability in case of bad weather.
Next year
 Bev Kingdon with swans at LaSalle Park
By Staff
February 2, 2020
BURLINGTON, ON
On its Twitter feed the City of Burlington reports that:
The City is aware of reports of a Parking Services employee parking in an accessible spot while doing their job. We take these reports seriously and are looking into this matter.
A question:
How does the city know the person who parked the city owned car was at Costco on city business on a weekend afternoon?
Related news story:
City owned vehicle parks in handicapped spot.
By Staff
February 2, 2020
BURLINGTON, ON
These photographs appeared on the Facebook page of a Gazette reader.
An electric car, parked in a handicapped space with no permit in the window.  … and it is a city owned car. Ouch! Will the city look into this? The comments that were sent to us read as follows:
Parking enforcement parking in handicap spot at Costco Burlington.
This was on my Facebook. Pics were posted at 2:57pm yesterday. No handicap sticker.
This is what I mean with there is a lot of work to do to clean up the city. The sense of entitlement is overwhelming with City staff, their abuse of power and the continued waste of our tax dollars
Will this person be disciplined or another wipe under the rug?
Not much we can add to that other than that the city now knows.
Related news story:
More on the Burlington Brand.
 Tough for the driver of the car to miss the markings on the parking spot and the sign – given that they backed into the space. Penalty should be whatever the fine is for this infraction plus a note in their HR file.
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