 By Staff
January 15, 2015
BURLINGTON, ON
Getting a visit from the fire fighters is just fine – as long as they are not coming up the driveway with sirens blazing.
During the summer the Burlington Fire Department conducted home visits as part of its rural fire safety program, a public education campaign started in 2013 to test residential smoke and carbon monoxide (CO) alarms. The goal of the program is to keep residents safe by ensuring homes are protected and comply with Ontario smoke and CO alarm laws.
They were back in the rural part of the city with the biggest loot bag you will ever see. The fire department called them “home fire safety prize packs”.
“We were able to visit about 1,700 homes over the course of the program and talk to many residents about home fire safety,” said Chief Fire Prevention Officer Joe Wintar. “Residents that participated in the home visit were entered into a draw to win a home fire protection gift basket valued at $250.”
“We appreciate people taking the time to welcome us into their homes,” said Public Education Officer Kim Sopko. “Winning homeowners received a prize package that includes essential home fire protection items such as a smoke and CO alarm, a home escape ladder and fire extinguisher.”
 Right to left: Acting Captain Dave Meehan, Firefighter Rod Mchaffie, residents Rod and Karen Yuzik, Firefighter Joe Savelli  Right to left: Firefighter Joe Savelli, Firefighter Rod Mchaffie, resident Maurice Davidson, Acting Captain Dave Meehan
 Right to left: Firefighter Tim Hart, Acting Captain Shawn Gilroy, resident Nick Basile, Firefighter Alexander Zijlstra
If residents were not home at the time of the visit, they can still schedule a free in-home fire safety visit by calling 905-637-8207, ext. 6333 or emailing firedepartment@burlington.ca.
Follow @BurlingtonFire on Twitter and visit us on Facebook or at www.burlington.ca/fire or for more information on fire safety.
 By Staff
January 15, 2015
BURLINGTON, ON
Investigators in the Criminal Investigations Bureau have identified and interviewed the individual responsible for leaving a replica hand grenade inside the Metro Grocery Store on January 10th 2015.
 Replica grenade: Why would anyone carry one in their picket? Investigation has found that there was no intent to threaten and/or cause alarm to any persons inside the store and no criminal offence has occurred.
 Police are believed to have interviewed this person about a replica grenade left on the service counter at a grocery store. Why would someone being walking and driving around town with a replica grenade in their pocket?
The Halton Regional Police Service wish to remind members of the public that if they wish to surrender unwanted firearms or weapons that they contact the Police non-emergency telephone number at 905-825-4777. Officers will attend to safely secure and take custody of these items.
Police remind the public to never transport unwanted firearms / weapons inside a vehicle or enter inside a Police station for this purpose.
Investigators wish to thank the public for their attention and interest in this matter.
 By Staff
January 14, 2015
BURLINGTON, ON
There are some phony –counterfeit American $50.00 and $20.00 bills being passed at commercial businesses throughout the Region
Halton Regional Police have issued a warning to the public regarding a rise in the number of American counterfeit $50.00 and $20.00 bills being passed,
Fraud investigators have arrested two people caught passing the counterfeit bank notes in two separate incidents.
Royal Bank of Canada – Milton
On December 3, 2014, a female suspect attempted to exchange a counterfeit American $50.00 bill for authentic Canadian currency at the Royal Bank of Canada at 232 Guelph Street in the Town of Georgetown. The bank employee examined the bank note and determined it was counterfeit and seized it. Investigators identified the suspect who subsequently turned herself into police on January 12, 2015.
Accused:
Elaine SMITH, 58 years, of Milton has been charged with Possession of Counterfeit Money and Uttering Counterfeit Money
Great Canadian Super Store – Milton
On December 22, 2014, a male suspect attended the Real Canadian Super Store at 820 Main Street East in the Town of Milton and purchased two PlayStation consoles using counterfeit American bills. Approximately 30 minutes later, the same suspect returned and purchased two more PlayStation items using counterfeit American bills. Investigators identified the suspect and he turned himself into police on January 13, 2015.
Accused:
Kevon HENRY, 28 years, from Toronto has been charged with two counts of Possession of Counterfeit Money, two counts of Uttering Counterfeit Money and two counts of Proceeds of Crime.
Look closely at American bills that are given to you.
Anyone with information about the circulating counterfeit currency is asked to call the Regional Fraud Unit at 905 825-4747 ext 8739 or anyone with information on this or any other crime is asked to call Crime Stoppers at 1 800 222-8477 (TIPS) or through the web at www.haltoncrimestoppers.com or by texting “Tip201” with your message to 274637 (crimes).
By Staff
January 13, 2015
BURLINGTON, ON
Halton Regional Police investigators have viewed the surveillance video from the Metro grocery store at Appleby Line and Upper Middle Road and are interested in identifying and speaking with an elderly white male depicted in the attached photos.
 Police would like to identify this man. This male was seen at the customer service counter at on Saturday January 10th 2015 at approximately 1:22 pm. Shortly after the male left the counter, the inert grenade was located.
 Person of interest is believed to have driven away in this station wagon. The male was seen leaving the parking lot in a black van also depicted in the attached photo.
Last Saturday, a clerk at the Metro grocery got a huge surprise when what looked like a hand grenade was found on a counter.
The object was spotted at 1:35 pm when a store employee at the customer service desk found a replica inert hand grenade on the counter. The employee looked at the item and found that the bottom of the metal item was drilled out and was hollow. The employee took the item to an open area outside of the store.
Police services officers attended and examined the item and confirmed that the metal item was not an actual explosive device. The item is designed to look like a World War Two era hand grenade and may have been designed as a replica for training purposes only. In this incident there was no actual threat to public safety as the item is not an actual explosive device.
Police are attempting to determine if the replica item was left in the store intentionally or if it was accidentally left behind by some unknown person. There have been no threats to the store or anyone else at this time and this event is very unusual. The found item will be destroyed at a later time by the police service.
 Can you identify this person? Anyone with information that would assist in identifying this male are encouraged to contact Detective Joe Barr of the Burlington Criminal Investigations Bureau at 905-825-4747 Ext. 2385 or Crime Stoppers at 1-800-222-8477 (TIPS), or through the web at www.haltoncrimestoppers.com, or by texting “Tip201” with your message to 274637 (crimes).
 By Pepper Parr
January 13, 2015
BURLINGTON, ON
Different citizens groups south of the QEW are gathering their forces to delegate at the statutory public meeting to consider a proposed Official Plan and Zoning By-Law amendment.
 The ADI group argues that the design of their 28 storey tower will serve as an excellent gateway on the eastern side of the city into the downtown core. Residents argue it will loom over the neighbourhood. The 22 storey Bridgewater project a couple of hundred yards away will reach 22 storeys into the air. On Monday January 19th, the Development and Infrastructure Committee of City Council holds a meeting to consider the recent application made by ADI Developments to build a 28 Story building at the corner of Martha Street at Lakeshore. In order for the building to move forward, the city has to approve changes to the Official Plan and change the By-Laws.
During the meeting they will discuss the staff report on the plan and zoning changes released earlier this week. The Gazette has been informed that the staff Report will not include a recommendation.
There will also be a Statutory Public meeting during the Standing Committee meeting. These Statutory meetings give the public an opportunity to comment on a proposal. Anyone can speak during the statutory meeting – one does not have to pre-register as a delegation.
Council will also listen to the public who wish to speak. They have invited delegations who register in advance in writing to Rosa Bustamante: rosa.bustamante@burlington.ca
There is a downtown Core Residents Association and St. Luke’s Anglican Church “centric” group that has been watching this proposal very closely. They are joined by literally hundreds of ward 2 residents who are very opposed. Most of city council appears to be opposed as well – the Mayor has certainly made his opposition to 28 storeys very clear. What council has not done is give any sense as to what they are prepared to accept.
During one of the St. Luke’s centric meetings, many core residents turned out to voice their opposition to the project – because “we are all inherently tied at the hip — what affects one, certainly does the other.”
Staff have released a report outlining the project in which they report more than 127 people have either telephone, written or email the city opposing the project.
In email comments from the Core Residential group they pointed out that “if you don’t comment in writing or request to say a few words at the Statutory meeting you won’t be able to object to the outcome if this all goes to the Ontario Municipal Board. And you know that if the city refuses the application of zone change it will and the city will need all of our support at the OMB.”
Having this application go to the Ontario Municipal Board is a significant concern to the city. The sense is that developers usually get what they want at the OMB – at least that has been Burlington’s experience.
Ward 2 Councillor Marianne Meed Ward points out that Oakville tends to do better at the OMB than Burlington.
What few people fully understand or appreciate is that any developer can walk into the planning department with a development proposal. The planners are required to listen and to explain how the city’s Official Plan and zoning bylaws would apply. While the public likes to believe the Official Plan and by-laws are written into stone – they are actually dynamic documents that get changed.
The city is required to review their Official Plan every five years and is in the process of reviewing their plan.
When a developer approaches the city and hears what the planners have to say about their proposal they can still submit a development application – even if the planners don’t think it’s all that good a plan.
 The Maranatha project on New Street was approved by Council but a residents group was opposed and they took it to the OMB – the hearing is scheduled for March. In most instances there is some negotiation and changes get made. The Maranatha project on New Street is a good example. The planners negotiated with the developer and council approved a building that was to be six storey’s high and well set back from the street. A handful of residents objected and they have taken their opposition to the project to the OMB.
Opposition to a development or a city council decision does work both ways.
When a planner takes a proposal to the city – the city has 180 days to g take the application to the OMB and ask them to approve the project.
A hearing is held and a decision rendered.
The ADI Group, the company that wants to build the 28 story structure at the intersection of Lakeshore Road and Martha tends to like to go to the OMB.
Rosa Bustamente, the city planner handling this file explains what the city is faced with”
“The 180 day appeal period begins after the applicant has provided the municipality with “a complete application” (as defined in the Planning Act) which includes the posting of the sign on the property. We provided correspondence to the applicant that their application was deemed complete, including the posting of the sign, on September 25, 2014. By my count, that would make the 180th day following that date March 24, 2015. If a Council fails to make a decision within 180 days of receiving a complete application, an applicant can file an appeal to the Ontario Municipal Board. It is my understanding that, in this case, the applicant would have grounds to file an appeal on March 25, 2015 if Council has not made a decision on or by March 24th, 2015.”
The Statutory meeting on January 19th is a part of the “clock ticking”
By Pepper Parr
January 13, 2015
BURLINGTON, ON.
The flood is history – the problems left are financial.
The Burlington Community Foundation is going through the 310 applications for financial assistance. Twenty two (22) have been approved and another 30 will be cleared this Friday.
 Funds for those people who had basements flooded will begin to be sent out early next week. 52 of the 310 claims have been processed to date. Once a Claim has been approved by the Claims committee it gets sent to the city and they issue the cheques on behalf of the Community Foundation.
Claims totaling $6 million have been received – the amount available for distribution is $2.9 million. One doesn’t have to be a rocket scientist to figure out people are not going to get what they were asking for in the way of financial support.
Those claims that have been approved, which will be paid out by the city, will see just 50% of the amount they will be given. The balance will be paid during the last week of the claim settling process.
The Claims committee has to figure out how they are going to spread the $2.9 million they have to distribute to the $6 million in claims that has come in.
Going through the claims is the task that gets managed by four volunteers working with the insurance adjuster hired by the Burlington Community Foundation to oversee the work done by the four Claims Committee volunteers; Mark Preston, Bruce Russell, Rick Burgess and Nancy Swietek.
 It was community organizations that came through as well as individuals who raised just under $1 million in 100 days – a remarkable feat. In the early stages of the fund raising campaign there were relatively few claims being submitted. It wasn’t until the last couple of days that people got their documents in – more than 100 during the last two days. Many people deeply involved in the fund raising and claims processing are still shaking their heads wondering why so many people waited until the last few days to submit documents.
Every nickel of the funds raised in the community is being distributed to the people who suffered from the flood. Every dollar raised in the community is being matched by $2 from the province’s ODRAP program.
The administrative costs are being picked up by the city as are the costs for having the Red Cross do all the work they did.
 By Staff
January 12, 2015
BURLINGTON, ON
The Hamilton Philharmonic Orchestra will do their second performance of its new Gallery Series of chamber concerts to be held at the Art Gallery of Burlington.
Taking place at the Art Gallery of Burlington on Wednesday, January 21 at 7:30pm. The Gallery Series brings our region’s local art galleries and professional orchestra together to create intimate, 60-minute chamber concerts in inspirational and beautiful environments.
 The Hamilton Philharmonic will play within the setting of the current exhibit An Aqueous State by photographer Janusz Wrobel, Within the setting of the current exhibit An Aqueous State by photographer Janusz Wrobel, and This Pocket of Deeds by Warren Hoyano, the HPO Woodwind Trio performs glistening and harmonious works written for flute, clarinet and bassoon.
Principal flutist Leslie Newman, principal clarinetist Stephen Pierre and bassoonist Melanie Eyers show Burlingtonians the beauty of these symphonic instruments in an environment that allows audiences an up-close experience with professional musicians.
“We are delighted to bring our professional musicians to the Art Gallery of Burlington and offer Burlington residents a great chamber music experience in such a unique setting,” says Carol Kehoe, Executive Director of the HPO.
 Hamilton Philharmonic will perform at the Art Gallery of Burlington The performance is hosted by HPO composer-in-residence Abigail Richardson-Schulte who provides context for each musical selection on the program.
Following the performance, Art Gallery of Burlington Chief Curator Denis Longchamps provides an introduction to the exhibit before inviting guests to join HPO musicians and Gallery staff for a reception.
Art Gallery of Burlington is located at 1333 Lakeshore Rd., Burlington
Reception following the concert. Cash bar
The Gallery Series is a FREE concert series with donations gladly accepted at the door. Seating is limited seating and on a first-come, first-served basis. RSVP is recommended by calling 905.526.7756. Doors open one hour prior to the concert starting.
By Pepper Parr
January 12, 2015
BURLINGTON, ON
Brian Dean, General Manager, of the Burlington Downtown Business Association is a happy camper. He has more clients.
Some of those clients are not all that pleased that they are on the client list.
 Purple lines how the new territory added to the BDBA boundary. The addition of the names on the list came about when the city went along with the BDBA request to enlarge their boundaries. They now extend further north on Brant; take in a large chunk on the west and a bit of land on the east.
Every commercial operation within those boundaries is automatically a member of the BDBA which adds to the BDBA revenue base because commercial operations are automatically members of association.
Dean does a good job of representing the commercial interests of the downtown core. His objective is to use BDBA tax levies to make the downtown part of the city look better and to use those resources to promote programs that benefit all the commercial retailers and service providers.
 Brian Dean, top toff at the Downtown Business Association was out drumming up business for those of his members that took part in the Red Bag Sale.
Good business associations add value for their members. There are opportunities to use the collective energy of the commercial sector to create a sense of place and make it a destination. Ottawa has it Byway market, Toronto has a Distillery District – Burlington doesn’t yet have a sense of identity. Strangely enough Spencer Smith Park does have an identity – it is the locale for two of the best events in the province. RibFest and the Sound of Music draw thousands of people.
Napanee has a part of town that, believe it or not, that has become a fashion destination. Napanee? So it can be done.
The BDBA has a member of city council who sits with the association as a liaison; traditionally the member for the ward fills that role – but not always.
In the “putsch” (a secretly plotted and suddenly executed attempt to overthrow a government). that took place at city hall on December 18th Marianne Meed Ward was replaced as the BDBA liaison by ward 6 Councillor Blair Lancaster. The argument given for the change at the time was that ward 6 is kind of separated from the city and it would be a good idea to have someone from that part of the city on the BDBA. And, as Lancaster pointed out, she does have 30 years of downtown business experience.
The city council liaison is not a voting member nor is there presence required to create a quorum. Dean, the general manager, can if he wishes ask anyone at the meeting to serve as a “guest” chair. You can see where this is going; the city council politics are spilling over into the boards, committees and agencies that make so much happen in the city.
 Ward 6 Councillor Blair Lancaster thinking through the answer to a question. Dean is quick to tell people that Meed Ward is a significant asset on his board, no one seems prepared to point out that while Lancaster did have a Spa with her name on it in the downtown core – she didn’t work at the Spa. As she told the Gazette some time ago: “I have professional managers run the place – they use my Miss Canada brand.” The Spa was closed in 2014.
 By Ray Rivers
January 12, 2015
BURLINGTON, ON
Stephen Harper has been PM since 2006, almost a decade. Although there have been longer-lived governments, his is looking particularly tired these days. The enthusiastic thrust to re-engineer Canada’s Senate, by a younger-day Stephen, has fallen off the face of the earth.
 Harper can be very combative – he gives as good as he gets. Canadians have a very significant decision to make in October of this year. Likewise, the PM’s zeal to transform Canadian society and re-mould it into the image of the US Tea-Party has mostly run out of steam. And the consequences of ideologically-driven gutting of the Public Service, to make it smaller, are coming home to us in the form of dangerously poor food inspection, back-logged immigration files, failing rail safety and neglected war veterans.
With an economics graduate at the helm, one would expect Canada’s economy to be cruising along closer to an A rather than the middling C we see today, or the D we expect in the future as oil prices continue to tank. Putting so many of our eggs in the petroleum basket has turned out to be a foolish ploy, even for oil-rich Alberta.
And despite all the ballyhooed cost-cutting, this government has run up as much debt as Pierre Trudeau did in all his years in office, though still not as big a hole as the one Brian Mulroney left us. Should the PM manage to balance the 2015 budget he would still have presided over 7 years of deficit budgets. And the Tories’ only two surplus budgets were handed to them on a platter by former Finance Minister, Paul Martin.
 Senator Wallin and Prime Minister Harper during better times. Yes, there was a recession and Mr. Harper reluctantly opened the national purse when our economy hit the skids in 2008, giving Canada its highest deficit ever the following year. Harper became a convert to Keynesian economics as did other nations which came out of the recession relatively quickly. And Canada’s banking system was able to withstand the kinds of shocks that crippled inferior systems in other places, like the Eurozone.
 Stephen Harper in Calgary earlier in his career. But Keynes would never have advised shameless waste, such as Canadians experienced with the $1.2 billion Harper poured into the one- week G20/G8 party for world leaders in 2010. And the money? Well It pretty much went into that artificial lake, built right on the shore of a real Lake Ontario; into lavish pork-barrel construction projects in Huntsville; and into all that shameful repressive policing that stained Canada’s civil rights record so badly even Rob Ford complained.
 It’s called “tanking” – a procedure the police used to restrain people who just happened to be in a part of Toronto during the G20 conference. It is seen as a major stain on Canada’s civil rights record. The policing alone cost one hundred million dollars, and was overseen by OPP commissioner, Julian Fantino. Fantino, for some reason, had become hot political property after being released as Toronto police chief in the mid-2000s. Both major political parties chased after him like foxes after a rabbit, hoping to snare his apparent star quality. But Fantino was destined to end up in Mr. Harper’s camp. After all, he is the Stephen Harper tough-cop.
Perhaps neither Harper, nor McGuinty who appointed him provincial police commissioner, had spent much time reading his full resume, highlights of which include various accusations of illegal wiretaps, corruption, harassing the LBGT community and incurring the wrath of Ontario’s aboriginals.
But Fantino pleased Harper – he was a lone voice among law enforcement professionals as he opposed the long-gun registry. The two had colluded on Harper’s signature ‘retro’ Safe Streets crime bill. And it was Fantino, of course, who oversaw the security debacle for the federal government’s G8 summit.
 Julian Fantino served as a police chief in several major Ontario communities; went on to become the Commissioner of the Provincial Police and then got himself elected to the House of Commons and became a Cabinet Minister. It all looks good on a resume – but there wasn’t much done that should be remembered. So it is little wonder that Harper welcomed Fantino into Cabinet immediately after he won a 2010 by-election for the Tories. And Fantino dutifully served his master in a number of minor portfolios. That is until he was promoted to be the Minister of Veterans Affairs, a natural and deserved placement for such an experienced security professional.
But last week the PM had to fire his appointee and reassign him back to where he could do less harm. Although Fantino had a nasty habit of insulting his clients – our veterans – it took a scandal, where a billion dollars slipped through his hands while veterans were left in need, to get him removed.
Julian Fantino is symptomatic of what is wrong with Mr. Harper’s government and why the Tories are puttering in the polls, except in Alberta, of course. It’s not just the thuggish behaviour or the lack of compassion, which unfortunately characterizes this Conservative government. It’s about the government’s performance.
 Now in a minor Cabinet role, Fantino will have to pull in the Italian vote in the province – can he even be re-elected? Today’s Conservative political platform is really just so yesterday. After nearly a decade with the same old gang in Ottawa, voters are looking for the ‘refresh’ button. Despite all that budget cutting and public service bleeding, voters are asking where the benefits are.
This upcoming election will be about fairness; about reducing the ever-increasing spread between the rich and the poor; and about the place of the middle class. It will be about building much needed infrastructure and restoring economic prosperity across all regions of Canada. And it will be about preparing to meet the demands on our society from an aging population.
Julian Fantino fits that demographic but he still plans to run again in 2015. Should the voters give him another chance and the Tories win again, it is questionable whether he would be given a new Cabinet position. And if he didn’t get re-elected? Well he has had an outstanding career for someone who started out as a mall cop, and someone who had to volunteer before the police would even hire him.
Fantino should know, however, that he may not even get re-nominated. After all his boss has a nasty reputation for cutting his losses, and throwing those who screw up under the bus – just ask Duffy. So I’m guessing we’ll hear a swan song at an upcoming retirement party, sooner than later.
 Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking. Rivers was a candidate for provincial office in Burlington where he ran against Cam Jackson in 1995, the year Mike Harris and the Common Sense Revolution swept the province.
Background links:
Fantino
G20/8 Veterans Affairs Demoting Fantino Top Ontario Cop
G8 Secret Law G8 Civil Liberties More G8 Even More G8
Fantino in Cabinet Latest Polls Alberta Oil
Economy
By Staff
January 10, 2015
BURLINGTON, ON
A clerk at the Metro grocery located at Appleby Line and Upper Middle Road in the City of Burlington got a huge surprise when what looked like a hand grenade was found on a counter.
The Halton Regional Police Service are investigating the incident that was reported to police on Saturday January 10, 2015 at 1:35 pm when a store employee at the customer service desk found a replica inert hand grenade on the counter. The employee looked at the item and found that the bottom of the metal item was drilled out and was hollow. The employee took the item to an open area outside of the store.
Replica’s of a hand grenade; they are sold in army surplus stores – you can buy them online. But you don’t leave them on a grocery store counter. Police services officers attended and examined the item and confirmed that the metal item was not an actual explosive device. The item is designed to look like a World War Two era hand grenade and may have been designed as a replica for training purposes only. In this incident there was no actual threat to public safety as the item is not an actual explosive device.
Police are attempting to determine if the replica item was left in the store intentionally or if it was accidentally left behind by some unknown person. There have been no threats to the store or anyone else at this time and this event is very unusual. The found item will be destroyed at a later time by the police service.
Replica hand grenades of this type can be purchased at military surplus stores and as on line purchases on the internet. Canada Post has placed a ban on mail delivery of these types of items as they cause unnecessary alarm when found in the mail delivery system. Citizens must be mindful that if a replica item of a weapon is used intentionally to cause fear or harm against any other person then it is a criminal offence in Canada.
Public safety is paramount in cases of this nature and citizens finding any items that possibly may be an explosive device are instructed to not touch the item. Move a significant safe distance away from the object and then notify the police via the 911 emergency communication system.
Due to heightened concern over recent world events citizens are asked to be observant and vigilant in reporting suspicious circumstances that may be a threat to public safety.
The Halton Regional Police Service is looking for any information from the public on this matter. Information can be directed to the Burlington- Criminal Investigations Bureau at 905 825-4747 ext. 2316 or Crime Stoppers at 1-800-222-8477 (TIPS), or through the web at www.haltoncrimestoppers.com, or by texting “Tip201” with your message to 274637 (crimes).
By Staff
January 11, 2015
BURLINGTON, ON
Halton Regional Police report that on Saturday January 3rd 2015 at approximately 6:00 pm, a lone male suspect attended the Apple Store at Mapleview Mall in Burlington and proceeded to steal $4500 worth of Apple products before fleeing the store.
A mall security officer quickly located and chased the suspect through the mall but lost sight of the male as he ran outside.
As the security officer continued to check the parking lot, the suspect emerged from behind a vehicle and pepper sprayed the security officer in the face and made good his escape.
The investigation was continued by members of the Burlington Criminal Investigations Bureau and as a result, the suspect was identified as Qasim Mohamed CHOWDHURY (30 years) of Epps Cr. in Ajax.
On January 6th 2015, the suspect was arrested and held for bail on charges of theft under $5000, assault with a weapon and administering a noxious substance.
The suspect was held for a bail hearing was put over to January 14th at Milton Court.
Any witnesses who have not yet spoken to police or anyone with information about this investigation are asked to contact the Burlington Criminal Investigations Bureau at 905 825-4747 ext. 2316 or Crime Stoppers at 1-800-222-8477 (TIPS), or through the web at www.haltoncrimestoppers.com, or by texting “Tip201” with your message to 274637 (crimes).
By Pepper Parr
January 10, 2015
BURLINGTON, ON
Update: An observant reader advised us that: The City of Burlington tweeted out just a few hours ago that the Mayor was looking for a new Chief of Staff. The tweet linked to that job postings page. Not sure if the job had been posted in the fall or if was an appointment. Maybe there was a problem with the process? Not sure what it means.
Mayor Goldring has staffed up his office and now has Frances Grano serving as Chief of Staff; Tina Depko-Denver, former city hall reporter for the Post now serving as his Communications Assistant and Corry Holloway serving as the Assistant to the Mayor’s Office
 Grano is described as a business performance advisor with two decades of experience with the Ontario government.
She has been with Burlington since 2009 and has worked at the provision of Information Technology strategic consulting services, ensuring that solutions meet the needs of the business. Manages relationships with IT customers and delivers project management services on behalf of the ITS department.
Granos most recent assignment was as part of the team that brought Results Based Accountability to the city. Granos worked with the service owners in departments to align performance measurement and business process improvement with strategic goals and objectives. Her objective was the developing and maintaining performance measurement and business process management frameworks and related networks that link these aspects of the corporation together.
The team the Mayor has supporting him this term is significantly different than the one he had during his first term. Will it make a difference? It could.
By Walter Byj
January 10, 2015
BURLINGTON, ON
The initial 2015 meeting of the Halton District School Board continued the ongoing process of how to make the pursuit of an education easier, more fun and more rewarding.
 Halton District School Board chair Kelly Amos represent constituents in Oakville. Halton School Board Chair, Kelly Amos, recommended that the HSTS (Halton Student Transportation Services) do a study into the start times of high school students from the current time to a new time of between 8:45 and 9:15 am.
Any such change in time would require realigning busing within the system. After a brief discussion, the board passed the motion requesting a report from the HSTS sometime in March.
They then passed an additional motion that called for the Director of Education to establish an ad hoc committee of trustees and staff to investigate a strategy to regularly recognize staff, student, community partnership and volunteer achievements. Recognition and positive feedback are always useful, but the bar should be set high.
This was followed with a presentation from Lucy Veerman, Superintendent of Business Services and Treasurer, on the revised estimates of the 2014/2015 operating budget. Lots of numbers, the good news is that the revised budget is showing a surplus.
 Any change in school starting times will mean major changes to bus schedules. Gerry Cullen, Superintendent of Facility Services followed with the status of the “Close the Gap” program. This program was initiated to realize and address the gaps between older and newer schools to meet program delivery needs. Priority would be given to the following projects:
1. Water bottle filling stations
2. Support for installation of classroom projection equipment (IT)
3. Library Services
4. Air conditioning and electrical upgrades to second and third floor area of schools
5. Special education rooms
Approximately $14.4 million dollars was allocated to the project.
A more detailed article will follow shortly with a dollar breakdown and rationale for the above programs along with the affected Burlington schools.
It was a two and a half hour meeting – that went reasonably well.
By Pepper Parr
January 9, 2015
BURLINGTON, ON.
The promise is being kept.
The Burlington Performing Arts Centre is doing more and more in the way of community programming. June Cash is nice, if you like that kind of stuff, but there are thousands of people in the city that want to do more than buy a ticket and watch. They want to do.
 Bhattacharya and Laberge- Côté’s working the stage And if dance is your thing there are a series of dance classes being offered in the next couple of months. This pilot initiative aims to increase the range and diversity of dance available to communities in Ontario outside of Toronto. From dance classes and workshops to artists in residence to the presentation of dance work from leading Ontario-based professional choreographers, Ontario Dances will offer the public and professionals alike the opportunity to participate in dance at all levels.
You must be registered to take part in any of the classes. You register. Links are set out below for registration. Each class has a different registration link.
Funded by the Ontario Arts Council’s Ontario Dances Program which seeks to have more live dance performances in Ontario communities and more people engaged, interested and invested in dance at a local level in our province.
There are four different classes:
Master Dance Class with Rosemary James
Creative Process Workshop with Christopher House
Contemporary Collaboration –
Contemporary & Classical Bharatanatyam Technique
 Master Dance class The Master Dance class will be led by Toronto Dance Theatre Rehearsal Director Rosemary James for young dancers. Participants must be 14 years of age or older with a minimum of 2 years of dance experience.
Maximum Participants: 20
All participants MUST be registered.
Register for this class here
Creative Process Workshop with Christopher House
Sunday, January 25, 2015 (1pm – 4pm)
in the Marshalling Room
An interactive working session aimed at exploring the creative process underlying the development and production of choreography. Christopher will present his approach to the creative process, particularly as it relates to his experience creating new works. During the session, he will engage participants in a variety of creative and/or choreographic exercises aimed at fostering their artistic development, and may also explore the different performance goals and/or production considerations relevant to various forms of dance and theatre.
Led by Toronto Dance Theatre Artistic Director Christopher House.
Participants must be 16 years of age or older with a minimum of 2 years of dance experience.
Maximum Participants: 20
All participants MUST be registered.
Register for this class here
Choreography & Collaboration
Saturday, February14, 2015 (1pm – 3pm) in the Marshalling Room
This workshop is ideal for dancers with training in EITHER contemporary dance (including jazz, modern, ballet) or classical Indian dance styles. Bhattacharya and Laberge-Côté with backgrounds in bharatanatyam and modern dance have been collaborating for over a decade. They have developed a specialized approach to dance training that transcends perceived boundaries of form and technique. During the afternoon session participants will be led through phrases of Bhattacharya & Laberge- Côté’s work Akshongay, giving them the opportunity to work with established choreographers in a rehearsal like process. The class culminates by delving into the creative process as the participants are guided through tried and tested methods of collaboration.
Participants must be 16 years of age or older with a minimum of two years of dance experience. Ideally participants would take both classes (10am & 1pm).
Maximum Participants: 20
All participants MUST be registered.
Register for this class here.
Contemporary & Classical Bharatanatyam Technique
Saturday, February14, 2015 (10am – 12pm)
in the Marshalling Room
Participants must be 16 years of age or older with a minimum of 2 years of dance experience.
Ideally participants would take all both classes (10am & 1pm).
Maximum Participants: 20
All participants MUST be registered.
Register for this class here.
 There have been some incredible performances on the stage of the Performing Arts Centre, The Performing Arts Centre has put son some wonderful dance productions in the past. Hopefully the Ontario Arts Council pilot Dance Outreach program will prove to be a resounding success – and we will see more dance on that stage.
By Pepper Parr
January 8, 2015
BURLINGTON, ON
City council will meet for the first time this year on Monday morning of next week to review the first draft of the 2015 budget.
It will be interesting to watch how Mayor Goldring manages to bandage the wounds that were inflicted when the council he leads trashed the recommendations he made on appointments to Boards and Committees.
 Does Mayor Goldring now lead a Council that is headed for a string of 4-3 votes with Councillor Dennison being the swing vote. Has it really come to this? Those recommendations were not something the Mayor scribbled on the back of an envelope and gave to the Clerk. They were the result of discussion with every member of council.
While the Mayor has just one vote, he is seen as the first among equals. Citizens expect him to lead and he certainly led when he put together his list.
That his Council trashed his recommendations and put forward three amendments that stripped Councillor Meed Ward of much of her board and committee work is disturbing to say the least. There is the very real possibility that the Mayor will be seen as a lame duck the first month into his four year term.
 Councillor John Taylor may not be waving the draft of the 2015 budget – but he will be guiding it through the Standing Committee he chairs. The budget meeting will be chaired by Councillor Taylor with Meed Ward serving as his vice chair. Taylor at times struggles with detail but he will remember the 18th of December meeting when he was recognized by the provincial government for his 26 years of service.
He will also remember the meeting as the one that stripped Meed Ward of Board and Committee appointments that she wanted to continue doing.
It was also the meeting that had Taylor giving up his appointment to the Conservation Authority so that Meed Ward could serve there.
There is every reason to expect her to become a solid council representative at the Conservation Authority but it will be sometime before she can amass the knowledge Taylor has; losing him at Conservation is a significant loss.
As for Council meetings – we may be looking at a level of fractiousness we have not seen since the Cam Jackson days; that fractiousness was one of the reasons –Rick Goldring ran for Mayor in 2010.
What comes around goes around – maybe Cam Jackson wasn’t the problem after all.
By Pepper Parr
January 8, 2015
BURLINGTON, ON
For those of you who remember the “drive-in” movies – there will be an opportunity to re-live that experience when you are driving along Lakeshore Road and passing the Art Gallery of Burlington between January 16th and February 15th.
 Love – the moment! Jim Riley, a Burlington, based video artist will have a two-channel window installation showing in the evenings. The video installation will be visible after dusk in two windows facing Lakeshore Road at the Art Gallery of Burlington. During other gallery hours, monitors will play the videos in the Community Gallery of the AGB.
 Love – same gender Riley’s art practice involves taking a moment of time, slowing it down, and placing it in a circle for the audience to examine. The circle acts as a portal to that moment, for the viewer to explore. As a non-linear story teller, Riley invites the audience to pause and view the two videos on a winter evening walk or, in a fleeting moment, from their vehicle.
Seven couples were invited to engage in the project. They were given minimal instruction, and they decided how to interpret the directions.
 Janet – self love The main circular image illustrates the couples’ love. The participants reflect a wide span of backgrounds. Images range from young sweethearts to middle-aged duos, interracial lovers, same-gender couples, single parent and child love, and a mature couple that have been lovers for nearly fifty years. Viewers may find their interactions intriguing.
 Lilly – self love. The participants were each asked to bring an object that represented them. These solo images are shown in the smaller Lakeshore window. The contributors are also shown individually, representing self-love. Viewers are invited to connect the dual images of Love Kiss with the solo imagery.
There are several theories as to the origin of a kiss. The kiss has been used as ritual, and to show affection or sexual and romantic love. Kissing between humans may be seen as a form of loving non-verbal communication.
Riley was a participant in the No Vacancy – Cirque event held at the Village Square last September.
 By Pepper Parr
January 7, 2015
BURLINGTON, ON
A four part feature on the city’s decision to sell small parcels of land that it owns that fronts on to Lake Ontario between Market and St. Paul Street. Part 4: The Meed Ward position.
“This is not the end” said Councillor Marianne Meed Ward before members of Council voted to approve the “stop up and closure of Water Street land parcels”, which were steps that had to be taken before the property on the lakefront between Market and St. Paul Streets could be sold to Michael Swartz and his neighbours.
 Councillors Meed Ward and Taylor seemed to see eye to eye on the sale of the waterfront property – but Taylor did vote for the sale of the land. Meed Ward knew hers was going to be the only dissenting vote but she appeared to want to be on the record when she added: “I know the residents in this city, I have heard from people in every ward, and they want us to put public waterfront access at the top of our agenda.”
“They want us to preserve what we have.”
“I know” she continued. ”that if it is not this council there will be a council that will realize the vision”.
“The residents will not change” said Meed Ward, implying that councils come and go. However in Burlington Council members stick around for a long time.
Councillors Taylor and Dennison have warmed their seats for more than 20 years.
 Councillor Meed Ward called the site “magnificent” and “spectacular” It will soon become totally private. The resident’s wants access to the spectacular, magnificent waterfront said Meed Ward. This is no the last chapter. I know the community will see this through. It may take 50 years, it may take 100 but the public will eventually have the trail they want.
When the other members of Council spoke they chose to be defensive. Councillor Dennison said he agreed with a lot of what Meed Ward had to say but as Councillors we have to “pick our battles”.
“This particular piece of land does not fit the vision” Dennison added that he didn’t like being painted as against a waterfront trail – he just didn’t think a piece of land the city already owned was part of the vision; something he didn’t enlarge upon.
Sharman said he too supports a public waterfront but there are circumstances that have not been portrayed correctly.
 The two windows on the Lake on the East and the West will be accessible by the public. The parkette in the middle will become private property. Don’t expect the Windows to be all that inviting. One council member wanted any amenities to be “minimal” There has been a “massive deception” that is the critical issue that has to be recognized by the community.
The problem is the “circumstances” Councillor Sharman refers to were never made available to the public.
Sharman is sticking to his guns and closed his comments saying: “We’re doing the right thing”.
Councillor Lancaster appeared to be reading from the same script Sharman had. “At the end of the day” she said” “given the legal opinion and the complexities of this particular piece of property it didn’t make sense” to keep it.
That wasn’t the view of the Staff report which recommended leasing the property. Senior staff probably did not see the report Swartz had prepared and made available privately to some members of Council.
Mayor Goldring said “this issue has been around for 20 years – this council has addressed the issue and made a decision. “We are showing leadership”.
 Standing up and being counted as they vote to sell city owned waterfront property. The one thing that came across as this sorry episode came to an end is that there were legal opinions and privately commissioned reports that were not made available to the public.
Somehow, the transparency this council speaks about often did not apply to these documents.
Councillor Craven made no comment.
Councillor Taylor said he felt the issues had been personalized and he wanted council to get on with other matters.
Links:
Part 1 How the decision got made
Part 2 The Scobie delegation – it made no difference.
Part 3 The Swartz situation
Part 4 Meed ward position
By Pepper Parr
January 6, 2015
BURLINGTON, ON
A four part feature on the city’s decision to sell small parcels of land that it owns that fronts on to Lake Ontario between Market and St. Paul Street. Part 3: The Swartz situation.
Frederick Michael Swartz will, in the near future, take possession of the property that runs from the edge of the back yard of his Lakeshore property to the edge of the retaining wall on Lake Ontario.
 One dreams about setting like this. It is now private property. He already has a magnificent site – when he takes possession of what is now city and provincially owned property, they will have exclusive access and all the privacy one could ask for.
The public does not yet know what Swartz paid for the property – that will be disclosed when the deal is complete. Swartz is actually buying land from the Ontario Ministry of Natural Resources and the city of Burlington.
The purchase of the land creates a property that has immense potential. When it next changes hands – and property always changes hands – it will see an impressive increase in value.
The property was purchased in September of 2007 for $1,850,000
Getting the small parcels of land was a battle but Fredrick Michael is a tough nut used to getting what he wants. He is described as a very successful retired banker who now spends his time on community projects and is heavily involved in Habitat for Humanity.
 Janice Connell after delegating to city council i committee – She thinks she just might have nailed it! Swartz and his wife Janice Connell did a fine job of delegating at city hall; she did the schmoozing that was needed with members of council. She got into what was pretty close to a spitting match with Councillor Meed Ward but she was just one vote which the Swartz’s didn’t need.
Six of the seven voted for the sale of city owned water front property on a recoded vote. Councillor Marianne Meed Ward was the dissenter. Several of the Councillors couldn’t get their hands up for that YES vote at city Council on December 18, 2014 fast enough.
Some people have a bit of a beef with Swartz and his wife. They did nothing wrong – they saw an opportunity and they went after it and they knew how to do the lobbying and the report writing.
They hired a highly regarded real estate professional who did the research and provided Swartz with a solid case for the city to sell the property. It was an opinion that appears to have been made available to members of Council – not to all of them – but the public is never going to see the document.
While Council appears to have relied heavily on the report – they haven’t said a word about it. Had they done so they would have had to make it public and the understanding in place when the information was made available was that it was never to be made public. Swartz bought and paid for the report.
Janice Connell was the spokesperson for the family. This is a spunky lady – she made her point each time she delegated and did her best to take on Councillor Meed Ward directly.
Connell told city council that selling the property was the best decision the city could make. Many people do not share that view. It was certainly the best decision for the Swartz household and it will be great if at some point that family deeds it to the city – but that isn’t going to happen any time soon.
The villains in this disaster was a city council that let themselves be swayed by some pretty persuasive arguments.
And in doing so they forget about what the city is about; they also managed to overlook more than a dozen sound policies that were in place. Add to that they chose not to go with the pretty solid Staff Recommendation.
This is a city council that is swayed by people with a lot of money. Developers come pretty close to walking all over this council.
 Mike Swartz, delivering a very hard message to city council. We don’t want to sue but we will if we have to. They have already retained legal counsel. This council fears litigation; when it looked like the city was going to balk at a possible sale Frederick Michael slipped up to the podium in the Council chamber and let them know he was quite prepared to take his case to the Courts. Almost every member of Council tucked their tails between their rear legs and moved on to another part of the agenda.
Frederick Michael did what anyone else in the same position would have done. When he saw an opportunity to purchase the property he put together his case, did the lobbying that was needed and had his wife serve as the spokesperson. She did a very good job.
As spokesperson Janice Connell decided to reach a little further than her grasp could accommodate and attempted to tangle with Councillor Mead Ward who chaired the Standing Committee that was hearing the delegations.
Rule 1 when delegating: stick to the subject; rule 1a – don’t try to beat up the chair.
Meed Ward made it evident that she could handle Connell and while some sparks flew – no harm was done. Frederick Michael and his wife had won what thy came for – they didn’t need a scalp in their belt as well.
It was a significant win for Swartz who represented the other two property owners whose homes abutted the strip of land that was going to be and should have become public park land.
 Mayor Goldring and Councillor Meed Ward were on different sides of the decision to sell water front property. History will tell which of the two was right. The long term goal of a continuous waterfront trail has been set back as much as a century. Mayor Goldring took the position that there was “no long term possibility to connect the park at Burloak with Spencer Smith Park”. “If we did” he added “I would look at this much differently.”
It sounded like the Mayor was saying creating a complete Waterfront Trail was like trying to put a man on the moon. We’ve already done that Your Worship.
 A lot three properties to the east of the lots that are adding waterfront land to the homes is on the market. Council seemed oblivious to this news. Except for Meed Ward every member of council saw the position they had taken as one of real leadership. While council was agreeing to the wording of the bylaw that would permit the sale to take place a piece of property three properties to the east of the Market and St. Paul properties came on the market. Meed Ward said she had had discussions with the agent and the property owner and there appeared to at least be some room for discussion.
Council needed both a vision and the will to see the potential – they had neither.
There is a scene in the movie On the Waterfront that has Marlon Brando sitting in the back of a cab saying to his agent: “I could have been a contender” after throwing a fight in the ring.
This newly elected Council threw the fight and ensured that Burlington was not going to be a contender and have something most cities on a body of water yearn for, strive for – a place for its citizens to enjoy nature.
The stretch of waterfront land is now going to be enjoyed exclusively by Frederick Michael and his two neighbours. Good on him.
Links:
Part 1 How the decision got made
Part 2 The Scobie delegation – it made no difference.
Part 3 The Swartz situation
Part 4 Meed ward position – to follow later in the week.
By Gary Scobie
January 5, 2015
BURLINGTON, ON
A four part feature on the city’s decision to sell small parcels of land that it owns that fronts on to Lake Ontario between Market and St. Paul Street. Part 2: The Scobie delegation.
I come here today with some hope in my heart. We have a new Council in session, and though the names and faces remain the same, we on the Waterfront Committee are hoping that perhaps, in the spirit of renewal of your vows to do what is best for all citizens of Burlington, you rethink this issue of selling public waterfront owned by all of us to a few chosen citizens.
 Gary Scobie delegating on behalf of the Burlington Waterfront Committee to stop the sale of waterfront property owned by the city. We have a grand vision; it’s actually a hundred year vision, not unlike the vision of the Waterfront Trust and their Ontario Waterfront Trail. Their vision is to link the public to their waterfront and to establish a contiguous walking trail along the shores of the St. Lawrence and Lake Ontario first and next Lake Erie, followed by all the Great Lakes on our border. Theirs is certainly a long term vision.
Our vision in Burlington is to have a contiguous walking trail along our Lake Ontario and Burlington Bay shorelines. Each Window to the Lake is like a pearl; each trail between them is like a strand, so the end result would be like a strand of pearls along our shoreline. It could be magnificent.
This vision may seem unrealistic, yet big visions have been hatched and developed in our area before, with great success over time. My wife and I belong to the Bruce Trail Conservancy. The Conservancy is celebrating its 50th anniversary of inception in 2014. In 1964, a small group of dedicated visionaries imagined a natural walking path along the entire length of the Niagara Escarpment, from Queenston to Tobermory.
An “Optimum Route” was mapped out and volunteers began to work with local governments, landowners, conservation authorities and other naturalist groups to create this path on a protected from development basis. Their vision was certainly long term and audacious. Fifty years on, half of the 880 kilometer trail is secure in Conservancy hands or in the hands of government agencies.
The other 50% is either trail on private lands with landowner permission or routes on public roads where permission or ownership has not yet been attained. Will it take another 50 years to secure the whole trail? Perhaps, and maybe even longer, but the vision is still intact and progress toward the goal continues every single year.
This is what can happen when there is leadership and there is a grand vision. The same thing can happen over the next hundred years if we in Burlington dedicate ourselves to this mission.
Gary Scobie thought this could become one of the strands in the string of waterfront pearls that would become a complete Burlington Waterfront Trail. We thought last year that we had a chance to put a strand in place between the Market and St. Paul Street Windows to the Lake. It didn’t even seem bold, since the land was already in public hands. A staff recommendation, with advice from the City’s Legal Department, recommended that the lands be retained for a future parkette and Waterfront Trail between the Windows.
This future trail would be similar, yet different to the Waterfront Trail at Sioux Lookout Park between Guelph Line and Walkers Line. It would have a good length, about two-thirds of that at Sioux Lookout, but would be quieter and more natural because it would be away from Lakeshore Road noise and activity, buffered by the houses between the trail and the main road. And instead of having two static “no exit” Windows at St. Paul and Market, the public would get a through trail whether coming from east or west.
An ideal place to walk or cycle through or take a break on a bench beside the trail and the shore while moving along the Waterfront Trail. Again, similar but different than the experience at Sioux Lookout.
But something unexpected happened. For reasons still not adequately explained to the public, the “old” Council discussed the issue in a closed session, then voted to sell the land, against staff and legal recommendations to retain it. Before our first strand had been completed, we saw a knife slice it and dash our hopes for the future.
 Gary Scobie, second from the left, was part of the city’s Waterfront Advisory Committee and went on to be part of the Burlington Waterfront Committee. Councillor Marianne Meed Ward is on the far right. Despite overwhelming numbers of delegates appearing here on October 13, 2013 to ask you to retain this shoreline land versus delegates asking to sell; despite overwhelming emails received urging retention versus sale, the “old” Council reversed the proportions and overwhelmingly voted 6 to 1 to sell the land, without any evidence given whatsoever that the broader public endorsed this view and the denial it imposed, possibly forever, of a public shoreline pathway there.
But a “new” Council may yet listen to our voices and the voices of neighboring residents and citizens who can see and share this vision of a start to the string of pearls that parkettes between Windows can be. We ask that you do not approve the sale of these lands to private interests and that you dedicate yourselves to preserving, not selling public waterfront. We ask that you look to ways to make use of other Water St. shore lands to form future strands. We ask that you look at ways that new development and re-development along our shores can create Waterfront Trail sections for the public. We ask that you consider what Burlington could be a long way down the road and that you buy into this long term vision, not put a dagger in its heart at its very inception.
Yesterday I received up updated advisory email from Marlaine Koehler, Executive Director of the Waterfront Regeneration Trust, amending her Jan 20, 2014 memo to Council. In it she states their position might not have been clear then, in light of newer information.
The Waterfront Regeneration Trust’s position today is:
1. Public lands on the Great Lakes waterfront should stay in the public realm and accommodate the Waterfront Trail. Burlington was one of the founders of the Trail.
2. If in fact, the land sale can be revisited, The Waterfront Regeneration Trust urges the City to do so, and retain ownership/interest in the lands so that they may eventually be incorporated into Burlington’s Great Lakes waterfront system.
So today you will decide to send a clear message that Burlington either supports the Waterfront Trail or that it doesn’t.
 No city signage on this piece of city owned property. Plans are in place to make a proper Window on the Lake at this location. Burlington – Best Mid-Size City. Burlington – Family Friendly. Burlington – Urban and Rural. Burlington – Lake and Escarpment. In Burlington, we celebrate and boast of our waterfront. A decision now to sell means we will be adding a new moniker – Burlington – Public Waterfront For Sale.
Please stop these sales and approve your original staff recommendation to retain the land.
Gary Scobie has been around election issues for a long time. He was raised in Dundas, stayed there until graduating from McMaster, and considers Dundas his home town. He began working in Burlington in 1979 and has resided here since 1980. He has been involved in waterfront issues for the past six years and is a member of the Burlington Waterfront Committee.
Scobie was the lone delegator on the matter of the recommendation to stop up and close Water St. land parcels and sell the property to the three abutting property owners.
Links:
Part 1 How the decision to sell the waterfront property got made.
By Pepper Parr
January 5, 2014
BURLINGTON, ON
A four part feature on the city’s decision to sell small parcels of land that it owns that fronts on to Lake Ontario between Market and St. Paul Street. Part 1: The decision – how it got made.
It all began with a report that was the response to a Staff Direction put forward by ward 2 Councillor Marianne Meed Ward back in 2012.
Direct the Manager of Realty Services to report back to the Budget and Corporate Services Committee regarding the portion of Water Street located between St. Paul Street and Market Street providing the background and history and options available to the city. (Councillor Meed Ward) (SD-30-12)
 Members of the original city sanctioned Waterfront Access Protection Advisory Committee did the early work on just what the city had in the way of windows to the Lake and just how accessible they were. Council liaison to the Committee Marianne Meed Ward is on the right. The Waterfront Access Protection Advisory Committee (WAPA) had done some extensive work on the state of the twelve Windows to the Lake. WAPA members covered the city from one end to other and looked at every “window” location and commented. That mess at Market and St. Paul Street was included in their report.
Councillor Meed Ward did not expect her Staff Direction to result in the sale of the land.
Staff did a thorough job and came back with what appeared at the time to be a reasonable compromise that protected the property the city owned and gave residents whose homes abutted the waterfront property long term protection and the privacy they desired.
 The since sunset Waterfront Access and Protection Advisory Committee produced a report with good graphics that set out what existed in the way of city owned land that could be opened up more effectively to the public. The staff report came back with three options:
1. Create a City Parkette – connecting the St. Paul Street and Market Street road allowances
2. Develop Windows-to-the-Lake at St. Paul Street and Market Street and retain ownership with an exclusive lease to the abutting land owners until required for public use
3. Develop Windows-to-the-Lake and dispose of Water Street parcel.
and recommended option 2, leasing the land.
Council voted 6-1 for option 3 – to dispose of the land.
In a arriving at the decision to sell the land the city had a confidential report from the city solicitor. The public never got to see that document nor did the public get to hear any of the debate. All the discussion was done in a closes session of Council. The Burlington Waterfront Committee was so upset at that process they lodged an official complaint. We will report on how that went.
 The view to the east from the edge of the retaining wall. This property has riparian rights that could have extended the pathway to the east a little further. That decision opened up an opportunity for those people whose property abutted the properties, that were owned by both the city and the Ontario Ministry of Natural Resources, to make an offer to purchase land.
There is a lot of murky legal history surrounding the way the retaining wall was built. When Judges make decisions they become public information. One of the problems with the judicial system is that it wasn’t designed for the average man. Without case numbers and the ability to follow a judicial trail it is very difficult to follow the threads of a case. Just because a decision is made by a Judge does not mean it was a great decision; that is why we have appeal courts.
 The City solicitor lets the public down with her tendency to keep information to herself; lawyers tend to behave that way. The practice is – say nothing unless you have to. Our legal system is an adversarial one. The public tends to get lost or forgotten in that kind of a process. The spirit of community engagement does not yet get much space in the office of the city solicitor and this Council seems to like it that way.
There is nothing preventing this city council from taking a position that every legal document is made public and ensuring that it is posted on the city web site.
The Staff Report with the recommendation that the property be leased was supported by Provincial Policy, Regional Policy, City Official Plan and Parks and Recreation policy.
The Regional Official Plan designates all of Burlington’s shoreline as “Regional Natural Heritage System”. Regional Official Plan Amendment (ROPA 38) Policy 125 (10) states; “To protect and enhance the Halton waterfront as a major resource that is part of the Provincially significant Lake Ontario and Burlington Bay shoreline.”
Policy 118(6) states: “Encourage the development of trails within the Regional Natural Heritage system”
Policy 118(14) states: “Encourage the Local Municipalities to: a) Acquire public open space on tableland adjacent to watercourses and along the waterfront within the Urban Area; b) Identify and designate along or near the waterfront of Lake Ontario and Burlington Bay, a continuous waterfront trail, making use of public road allowances in locations where public waterfront properties are not available”
Burlington Official Plan calls for acquisition of land to create new or add to existing Windows-to-the-Lake/Bay shall be encouraged by City Council, as a means to increase public access to the waterfront.
Corporate Policy – Parks & Recreation – Waterfront Trail (September 27, 1993) is provided as Appendix B – Waterfront Trail specific excerpts pertaining to this report are provided below:
 The acquisition of land adjacent to existing Windows-to-the-Lake and Windows-to-the-Bay, as well as opportunities to create new Windows-to-the-Lake or Windows-to-the-Bay as they become available, will be considered by City Council, where practical and feasible, to increase public access to the waterfront.
It goes on to say: “A continuous Waterfront Trail will be implemented through development and/or redevelopment along Lake Ontario and Burlington Bay where there is sufficient land between that water and a public or private road. This trail may be composed of two components: a shoreline trail immediately abutting the Lake or Bay, and a near shoreline trail located in the general vicinity of the Lake or Bay.
And adds “The Waterfront Trails will be connected to existing waterfront public open spaces and, where appropriate, other points of interest in the general vicinity of the waterfront.
More: “The City will develop specific guidelines and a marketing program for the Waterfront Trail that will include, but may not be limited to, landscaping, fencing, lighting, signage, parking, construction materials and trail furniture, in consultation with the public, Region of Halton, the Halton Conservation Authority, and other public agencies.
And more yet: “Waterfront trail policies were introduced in the 1997 Official Plan. Since that time limited development along the waterfront has occurred. Waterfront Trail policy development objectives have resulted in the city expanding the waterfront trail and public ownership including:
Easterbrook townhouse development near the Royal Botanical Gardens (RBG), is one where the city required public waterfront access through the Official Plan Amendment (OPA) and rezoning application resulting in Spring Garden Trail.
 This is where the the trail will end – it begins at the canal further west. This may well be as far as it goes for the next century. The Bridgewater project, that 22 story condo to be built on the edge of the lake, saw the city swap land so that a trail could be built between the water and the development – it is in place now. This is the eastern part of a stretch that goes west to the canal at the Hamilton border.
The Staff report that recommended leasing the land also set out the categories of public space that could be created when considering options including, Parkettes and Windows- to-the-Lake.
“Parkettes are described in the Parks and Recreation and Cultural Assets Master Plan as: Small landscaped venues intended to contribute to an area’s urban design, provide passive/rest areas and lower level park amenities; can be accessed by walking and cycling. They would have features that may include landscaped areas, rest areas, public art, monuments and related features.
 You wouldn’t know it – but this is public property and anyone can walk out to the end and look over the lake. City will now put signage indicating that the land is public. Great views. “Parkettes typically have Seating area(s), walkway connections to the community, bike racks and refuse containers. Some include creative playground structures, tree and shrub plantings; signage and fencing for demarcation of public and private property.
“Windows-to-the-Lake are described as small public areas located on city road allowances next to Lake Ontario or Burlington Bay; established to increase public access to the waterfront. They tend to have bollards or railings to keep vehicles on the road allowance and signage to identify as Windows-to-the-Lake.
The Staff recommendation was to preserve the land for future public use which meant: A) Purchase of the MNR portions of the waterfront between St. Paul’s Street and Market Street road allowances; retaining the ownership of the water lots; Creation of Windows-to-the-Lake on the existing St Paul Street and Market Street road allowances, Entering into lease agreements with the adjacent home owners for exclusive use of the public land between St. Paul Street and Market Street until which time the city decided to develop a waterfront Parkette.
Pros: Supported by the Waterfront Trail Policy, land remains in public ownership, retention of larger land base to create a future waterfront Parkette, retention of option to connect Market Street to St. Paul’s Street. Would provide formalized public access creating an opportunity for residents and waterfront trail users to enjoy the waterfront. Risks associated with shoreline protection is maintained by the adjacent land owners through agreement.
Costs and Liability issues with shoreline protection constructed by the adjacent residents in 1989 as per confidential Legal report L-20-13 can be accommodated in the lease agreement
Limits the establishment of further encroachments in structures or landscape development
Cons: Restricted public access to publicly owned properties along the waterfront is inconsistent with the Waterfront Trail Policy, Uncertainty for adjacent landowners on timing to develop future Parkette, Residential properties to the east and west of the road allowances limit the opportunity to continue the waterfront access beyond this site. Limited benefit as a continuous connection for the Waterfront Trail, existing properties contain encroachments that would require removal or integration into a future park plan and extension of the waterfront access beyond the site would require further land purchases or through development processes
Option Three to dispose of Water Street Parcel and develop Windows-to-the-Lake instead involved: Selling the city and MNR water lots between St Paul Street and Market Street to the adjacent land owners, creation of Windows-to-the-Lake on the existing St. Paul Street and Market Street road allowances
Pros: Access to waterfront would be formalized through two formally developed
Windows-to-the-Lake, proceeds from sale of property could finance a portion of the Windows to-the- Lake implementation, clear demarcation of land ownership with the formalization of the Windows-to- the-Lake, risks associated with the shoreline protection becomes the responsibility of the purchaser, resolves any potential legal issues as per confidential Legal report L-20-13 (which the public never got to see. Issues of encroachments would be resolved, development of Windows-to-the-Lake is a clear message to residents of the opportunity to enjoy the waterfront
Cons: Could be seen as inconsistent with Official Plan and Waterfront Trail Policy on public access and development objectives, no opportunity to establish a Parkette and waterfront trail with the sale of these public lands
Retaining the land for future consideration allows the city to plan for the purchase of land, capital costs for Parkette and Windows-to-the-Lake development and costs associated with repaying the adjacent land owners with the depreciated value of the shoreline protection works implemented in approximately 1989.
The following provides the capital and current budget impact for each of the options provided for consideration based on 2014 development costs.
 This road allowance will be tidied up and turned into a window on the Lake. A bench will be put in along with a sign telling the public they can use the space. Councillor Dennison did his best to ensure that signage and benches would be minimal. Option One– Create a Parkette on Water Street Parcel
Capital expense of $182,000 plus $7500 per year to maintain the land.
Land costs and shoreline protection were set out in the confidential document.
Option two: Preserve for Future use
Capital cost of $80,000, which includes costs to construct and maintain Windows-to-the-Lake; $3500 per year to maintain the Windows on the Lake. Land costs were hidden in that confidential report.
Option three – Dispose of the land:
Capital cost $80,000 and $3500 per year to maintain the Windows on the lake.
Revenues from the sale of the land are identified in L-20-13; that’s the confidential report council got to read and debate – so they apparently know what the selling price is.
The Gazette has information that it cannot yet corroborate that the deal has already be closed.
Estimated cost for Parkette and Windows-to-the-Lake development, which is the leasing option, is $182,000. This does not include the land costs or costs to repay adjacent landowners for the constructed shoreline protection identified in confidential Legal report L-20-13.
Given that staff did not previously identify the development of this property for parkland, the Finance Department propose the use of Parkland Dedication Reserve Fund (PDRF) toward the development of the Parkette and Windows-to-the-Lake. The PDRF has an uncommitted balance as of June 30, 2013 of $9.8 million. Additionally, this park is not identified in the city’s current development charges study.
Taking ownership of this property will enhance the value of the three homes that abut it. The public will learn what was paid for the land – later. The Staff report also said: “Upon receiving direction from council on an approved option, staff will develop and undertake a community engagement process which outlines the purpose, outcomes and participation goals of any engagement opportunity. Outcomes of the public engagement process will be reported back to council with concept plans for the Windows-to-the-Lake and Parkette development.
There has been absolutely no public consultation other than petitions from the opposing sides – each have radically opposing conclusions.
There is one more surprise – the public will not know how much the buyers pay for the property until the deal is closed.
Don’t you just love the way your council manages your affairs?
Links:
Part 2 The Scobie delegation – it made no difference.
Part 3 The Swartz situation – to follow later in the week.
Part 4 Meed ward position – to follow later in the week.
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