 By Pepper Parr
BURLINGTON, ON. May 28, 2013. It’s never wise to neglect what the old timers think. Yesterday afternoon Ward 3 Councillor John Taylor told his colleagues he didn’t think the Bridgewater project would see the light of day, which came as more than a surprise to Ward 2 Councillor Marianne Meed Ward – the project is in her ward.
 That patch of brown earth in the centre off the Brant Street pier is to be the location for a 22 storey condo, a seven storey condo and an eight storey Delta Hotel. Some think it is having problems. The massive project, the biggest we have going except for the hospital re-build, was supposed to have shovels in the ground by now – but the paper work isn’t getting done quite as quickly as it needs to be if the Delta Hotel is to be open for the Pan Am Games in 2015.
Can the project, which is comprised of a 22 storey condominium, a seven storey condominium and an eight story hotel get done in time for the games sounded like a reasonable question.
 Three structure project has been the “in the works” since 1985 when developers were given the right to build a 22 storey plus building on the property where the Riviera Waterfront Motel used to exist. It can, said a senior city hall official who has enough experience to know if it’s possible, but there are some senior people at Mayrose Tyco, the owners of the property, who have to step aside and let the builder get on with the job.
Meed Ward said she knew that the Sales trailer was about to be set up real soon, once the Waterfront Hotel people worked out their squabbles with the project builders. A Sales trailer is the expression of an intention – it isn’t a sign that something real is going to happen.
The Bridgewater project is the last this city will see built as close to the edge of the lake as this one. Conservation Halton changed the rules and requires a bigger set back – and in the process sucking out the value of many of the properties along the southern side of Old Lakeshore road. Existing structures can stay but no one will ever be able to build as close to the water’s edge in the future.
The city is in the process of hiring consultants to guide them through an exercise of figuring out what’s possible and what is not possible with what many once saw as the most valuable land in the city.
There are property owners on both the north and south sides of Old Lakeshore who are considering their options and wondering if there is a willing buyer out there – and there are. Keep an eye on that part of the city – someone wants to do great things down there – but it might be at your expense. The Riviera Motel is gone but something is going to get built down there.
City Hall wants the public to have access to the lake and now needs to figure out to make that happen. Consultants will be hired to develop some ideas.
 By Staff
BURLINGTON, ON. May 27. 2013 South Hampton Blvd, a city street that runs west off Walker’s Line and has just the one address on it – that being the Burlington detachment of the Halton Regional Police, will have its name changed soon to Constable Henshaw Blvd. to commemorate Bill Henshaw who died while on duty in 2010.
 Street Burlington police station is located on will be renamed to commemorate the late Cst. Bill Henshaw . Henshaw joined the police service in 1977 and was 54 when he collapsed at work and rushed to the Oakville-Trafalgar Memorial Hospital where he died a short time later of what police say appeared to be natural causes.
He was president of the Halton Police Association, and honoured by the Sovereign Chapter of the Burlington IODE for his work with community and youth in 1996.
Nominated by his then commander, Inspector Dan Okuloski, Henshaw was described as “an excellent officer dedicated to the citizens of Burlington and the Region of Halton.”
Henshaw would tell people his commitment to community and police service members through his work with the Halton Police Association stemmed from his family.
The paper work to make the name change is in process.
 By Pepper Parr
BURLINGTON, ON. May 27, 2013 The left hand isn’t exactly talking to the right hand – but they know what the other is up against – and it ain’t pretty.
There are two teams of people at city hall working on the events that will take place in the middle of June when THE Pier is officially opened. There will be two of those official events; one for the politicians who dug up much of the money that made the pier possible and another for the common folk who will have to pay for the Pier along with its legal costs. Two different groups at city hall making sure there are balloons and fireworks and a marching band as well. Lots of hoopla and fun.
The nagging legal matters and those legal costs are still out there and have to be dealt with. City Council will go into a Closed Session this afternoon to hear a report from the city’s solicitor. All we are going to be able to tell you about that report is that it is ten pages long and printed on yellow paper.
 Construction of the pier has gone so well that in the last month of getting it ready for Opening Day Project Manager Craig Stevens was able to get off on some vacation. Here he takes communications intern Ryan through some of the work left to be done. Behind them are two of the balustrades to which bright blue railings will be attached. But we can tell you this: the process of discovery is still going on. An event that was thought to require five days when it started is now closer to twenty days and there is quite a bit more to come.
Discovery is that process where each side of a legal difference gets to pull information from the other side. Often, one document leads to another document which in turn leads to a third document.
There have been all kinds of surprises.
There is every reason to believe that some of those surprises have led the city’s legal department to take a different look at the situation and perhaps change the strategy.
The city had one occasion to get into some serious settlement talks with one of the companies in this battle – they took a pass on that opportunity. It appears that the situation has become a little more fluid – options are being looked at.
Stay tuned for more on the legal front.
Meanwhile the Pier itself is doing just fine. Work proceeds and short of a serious accident or the failure of some parts to arrive on time – the thing will open when they said it will open. One really interesting and remarkable fact: there hasn’t been a single serious accident on the site. No broken bones, just some cuts and bruises. There were several cranes on site – not one of them fell over.
 By Pepper Parr
BURLINGTON, ON. May 26, 2013. It was a sod turning that didn’t see as much as a blade of grass get anywhere near a shovel.
The event was held so that people from Ashland, the Burlington corporation that came forward and offered to lease a patch of their property for a buck a year to the Freeman people, could be officially recognized. That generous offer was what saved the station.
So there was going to be a sod turning event. Then – well the problems crept in. It just wasn’t possible to get the equipment the Freeman Station people wanted on site to clear away some brush and prepare the spot the station is going to be moved to in time for the Thursday morning event which had a kind of soft country get together about it.
It was to be a photo-op, but not one of those that really didn’t have much of a purpose, other than getting someone’s picture in the paper.
 Jane McKenna, MPP for Burlington; John Mello, a Friend of Freeman Station; Joe Cerilli Maintenance and Engineering Team Leader Ashland Canada; John Naughton: Director, NA Operations Ashland, Director, Global Process Technology & Quality; Ward 6 Councillor Blair Lancaster; Scott Thomson, Plant Manager Ashland Canada; Mayor Rick Goldring; Brian Aasgaard; James Smith, president Friends of Freeman Station; Ward 2 Councillor Marianne Meed Ward The Ashland people and the two city council members who fought to keep the saving of the Freeman station from a wrecking ball had to be in the picture – they were. The Mayor was there as well and he is supposed to be at these functions but, truth be told the city was not able to come up with a solution for the station under his leadership and Goldring was one of those prepared to see it lost.
 The shovels can be used to dig out the foundation for the Freeman Station; they certainly weren’t used for a sod turning event. Burlington’s MPP, Jane McKenna was there – goodness knows why, other than to have her picture taken. Our MP Mike Wallace wasn’t there – which was unfortunate. Wallace has a passion for history and comes through every time there is a project with an historical angle. He got federal Stimulus funding for the project and when the city got to the point where they couldn’t find a way to spend that funding Wallace juggled things and got the city permission to spend the money on another project. Kudos to Mike for this one.
Councillors Meed Ward and Lancaster were where they were supposed to be – front and centre because it was their combined tireless efforts that the event last Thursday even took place.
Getting the pictures taken with the station jacked up on steel beams ready for transfer to the new site just yards away was a happy occasion but there was a tinge of regret – one of the people who worked tirelessly on the project was not with her peers. Jane Irwin had passed away earlier in the year and the community was to gather later in the day at the Performing Arts Centre to celebrate her life’s work and have a chance to meet her three children and tell Jane stories to each other.
They filled the Community Studio in the afternoon and listened to music, heard the friends speak of the Jane they knew; the stalwart, short woman who just could not be stopped. She just never quit until the day her heart gave out.
Her husband Richard spoke of “the love of my life” and told the audience of more than 225 people of the experiences and frustrations that were Jane’s life. Few knew that she once worked as a proof reader for a medical publication; there wasn’t a person in the room who didn’t smile knowingly, to use Richard’s word, how “persnickety” she was about language.
Jane completed her doctorate at Cambridge University where the writings of George Elliott were her focus. One of the bigger disappointments in her life was that she did not get the opportunity to do some substantial academic work. She did teach at Trent University. Burlington was the beneficiary of a sharp mind, a strong voice and the courage of her convictions. At her very last public presentation Jane took city council to task for not providing adequate facilities for people who needed to be able to sit while they delegated to their local government. That is just who she was.
Jane is part of the community memory now.
 By Staff
BURLINGTON, ON. May 25, 2013. If you missed the opportunity to plant trees during the city’s Cleanup/GreenUp a few weeks ago when it was cold and rainy – there is a chance for you to get out into some sunshine (hopefully) and plant trees that will provide some firmness to the sand dunes which tend to shift easily.
BurlingtonGreen (BG) obtained a second Great Lakes Guardian Community Fund grant that will allow more than 50 people to take part in removing invasive species and planting even more native plants and grasses.
The event takes place Saturday June 1, from 9:00 a.m. to 12 noon. The grant allows BG to continue its stewardship to further improve the coastal environment of Lake Ontario’s Beachway Park.
 Part of the crew that did the first planting. There is now more funding for more tress. BurlingtonGreen gets its hands dirty digging into the earth to get plants in place to stabilize the shifting sands that are unique to our end of Lake Ontario while the politicians work their way through a massive, dense document of background material on what has been happening to the Beachway Park since 1987. BurlingtonGreen could have grown a lot of plants in that period of time.
On April 20th, approximately 90 dedicated volunteers braved the cold temperatures to pick up litter, remove invasive species and put 300 shrubs and trees and over 3,000 plants in the ground at Beachway Park. BG Executive Director is “extremely grateful to those who have contributed so far, but we are absolutely thrilled to have an opportunity to go back and continue to build on our efforts to restore part of the fragile ecosystem at this location.”
According to Project Coordinator Justin Jones, many invasive species have popped up since the first Green Up event at Beachway Park back in April. “A second green-up will allow us to get in there and remove those “new growth” invasive species and really reinforce the stability of the ecologically sensitive area by adding a few hundred more native plants and grasses.”
For more information or to sign up and participate in the June 1st Green Up event at Beachway Park, please visit www.burlingtongreen.org
BurlingtonGreen Environmental Association is a non-profit, non-partisan, environmental organization. Through raising AWARENESS, ADVOCACY and ACTION, they aim to mobilize individuals, groups, businesses and governments to make Burlington a leader in creating a healthy, environmentally responsible city.
 By Pepper Parr
BURLINGTON, ON. May 25, 2013. If Maurice Desrochers is to ever get the development he has planned for Caroline Street between Hagar and Burlington – one hopes he has a plan B; because the plan he put before his neighbours at a Saturday morning meeting recently doesn’t look as if it is going to make the grade.
 Maurice Desrochers, talking to residents who live near the block long development he is proposing for the St. Luke’s ward. Desrochers met with the community in an informal meeting called by Ward 2 Councillor Marianne Meed Ward. There had been a previous informal meeting at which the residents said they didn’t like the development – so Desrochers took his plans away and came back with a significantly different design.
Turns out it wasn’t the design the neighbours had a problem with – it was his plan to put semi-detached homes on the properties when it is clearly set out as a single family neighbourhood in the Official Plan.
It was a nice spring Saturday morning with more than 70 people in the room differing with Desrochers on one matter – he wants both an Official Plan change and a zoning change – as well as a number of variances and the majority of the people in the room wanted none of it.
When Burlington did its last Official Plan Review, completed in 2008, it created a number of precincts in the city. Brant Street was given a zoning of 7 storey’s as of right now with the possibility of going to 12 storeys. The thinking behind the creation of the Precincts back in 2008 was to create communities with a clearly defined zoning by law set in place to protect the character of the community. They called the land between Brant on the east and close to Maple on the west and from Baldwin on the north down to the Lake – the St. Luke’s Precinct – which was anchored by St. Luke’s Anglican Church which has land that gives it a view to the Lake. That property was given to the Anglican Church by the Joseph Brant family.
The precinct boundary has all kinds of wiggles and squiggles in it but it is basically west of Brant. The community has many styles; some single story, some two and two and a half. There are some apartment buildings as well but the core is single family homes and the residents want to keep it that way. That’s what the Official Plan gave them in 2008 and they don’t want to give that away.
 Residents gather at a city hall board room to hear about a development proposal they didn’t like the first time they heard about it. This does not look like a crowd of happy campers. Desrochers, who will tell you for as long as you want to listen that he “saved” the gingerbread house from demolition and that he has saved a number of other homes as well and that he “thinks out of the box”, which he may well do.
What he hasn’t been able to do is find a way to build single family homes on the properties he has assembled so he is looking for a both Official Plan and zoning amendments to allow him to put up the five structures he has designed.
Desrochers describes himself as the best designer of residential housing in the city, maintains the community is “lucky” to have him. Eric Allan, who lives on Clarke doesn’t see Desrochers in quite that light. He had a number of run ins with Desrochers and his people who he maintains did all kinds of work without the proper permits. “When we went onto the property to take pictures, Desrocher’s people called the police” claims Allan.
The small differences of opinion and the disputes are not the concern of the people leading the opposition to both an Official Plan Amendment or a zoning change. Their concern is simply this: They were given a designation and a zoning that protects the community they have today and they don’t want to see that taken from them.
Barry Imber, one of the people leading the group and also one of the founders of the Organic Farmer’s Market started last year and re-opened for its second season last weekend, explains the concern when he says: “Communities evolve over time during with small changes taking place and are absorbed into the community and a new norm gets created”. “These are incremental changes” he adds. “What Desrochers wants to do is something revolutionary – he want to tear down a complete block and put up housing that is not permitted under the existing Official Plan or the zoning.
Councillor Meed Ward made it clear that she would support the rules that are in place now.
Desrochers is in the business of turning properties into what he calls “luxury executive suites” that are rented out. He currently has 30 properties of his own and brokers 16 others.
The properties along Caroline have been assembled and while nothing has been taken to the planning department yet it was clear that is what Desrochers wants to do.
 The block will disappear and have a number of nicely designed semi-detached houses on it that Maurice Desrochers believes he can market to empty-nesters. Many of the residents in the community see the development as a major change to a zoning they do not want to see being taken away from them. The neighbours are pretty firm on their views and managed to get the ward Councillor to agree to support the zoning and Official Plan as it is now. Meed Ward said she would support the Official Plan and the zoning as they now stand.
What became clear during the community meeting was that Desrochers focuses on the look of the homes in the community while the community is concerned about the kind of housing and the impact that housing will have on the way a community evolves.
Every developer drags out the provincial requirement that calls for Burlington to create a specific number of housing units and jobs in the city – they call the approach to building housing “intensification – putting more housing on the existing land.
Imber and his colleagues think developers can be more imaginative and creative in the kind of housing that gets built.
Developers see an opportunity to buy up houses that haven’t been maintained; tear them down and put more housing on the land.
Albert Facenda, a local developer, once told a city Council meeting that developers look for large lots with small houses that have not been maintained to purchase. “That is pure gold for us” he once said. Facenda sits on the city’s Heritage Burlington Advisory Committee.
The people in St. Luke’s are not opposed to development; they appreciate that people want to upgrade their homes while others want to sell and do so. What they don’t want is a developer buying up properties and building homes that don’t fit in with the character of the community.
Burlington is currently carrying out two ‘neighbourhood character’ studies; one at Indian Point and another in Roseland.
Imber and his colleagues see the evolution of a neighbourhood as something where the interests of all those involved are at the table and asks” Are all the interests represented at these meetings” suggesting that the people who have put up the funding for the development Desrochers wants to do are not known. Imber doesn’t see that as healthy.
It is estimated that the cost of the land assembly is in the $3 million range and the cost of the demolition and then the new construction is going to come in at as much as $5 million. Desrochers told the meeting that he expects his son, who has never done a large construction project, will take on the assignment. That bit of information sent a shiver through the room.
A week later, Maurice Desrochers is still maintaining the view that his project is good for the city and that he doesn’t foresee any problems. This project has not yet been taken to the city’s planning department; Desrochers is off to Paris for some vacation.
 By Staff
BURLINGTON, ON. May 23, 2013. They grow this stuff because people buy this stuff. Who is doing the buying?
Early this morning police, using a Controlled Drugs and Substances Act search warrant raided a home at 940 Glen View Avenue, Burlington.
Found: 34 Cannabis Marihuana Plants in various stages of growth and 30 grams of dried Cannabis Marihuana. Also found: 12 firearms and ammunition that was stored in an unsafe manner.
Police have arrested and charged the following persons:
Christopher Kyle SILVERTHORNE, 39 years of age:
1) Production of a Controlled Substance
2) Possession for the Purpose of Trafficking a Controlled Substance.
3) Careless Storage of Ammunition
Zorica KRASULJA, 34 years of age :
1) Production of a Controlled Substance
2) Possession for the Purpose of Trafficking a Controlled Substance.
3) Careless Storage of Ammunition
SILVERTHORNE was released on a Promise to Appear in Milton Court on June 18th 2013.
KRASULJA was released on a Promise to Appear in Milton Court on June 18th 2013.
What is both surprising and disturbing is accused people being released on their own recognizance – no bail or surety required, with criminal code charges that involve 12 weapons. We aren’t talking about BB guns here. Wrong message being sent here
Anyone with information in relation to these or any other crimes is asked to contact the Integrated Drug, Gun and Gang Unit at 905-825-4747- ext 8732, Crime Stoppers at 1-800-222-TIPS(8477), through the web at www.haltoncrimestoppers.com or by texting “tip201” with your message to 274637(crimes).
 By Pepper Parr
BURLINGTON, ON. May 22, 2013. Thursday afternoon will be a bitter-sweet occasion for many in this city. Friends will gather to celebrate the life of Jane Irwin who passed recently.
How does one describe Jane? The best way to fully appreciate the diminutive woman with the guts of a warrior is to read what she once did at a city council meeting.
At the time the city was struggling with heritage matters and Jane took the occasion to set the record straight.
Because it was a council meeting she had just five minutes to speak and said was going to fo “four scotches in five minutes” which got the immediate attention of Council. Jane proceeded:
 Moments before speaking for the last time – Jane Irwin is supported by her husband. “Watching the recent streamed Community Development Committee meeting,” said Irwin, ”I seemed to hear certain misstatements of fact about the Heritage Property Registry – – which I had heard before, and which I hope to set right tonight.
I want to speak to you before your Workshop because untruthful rumors, whatever their sources, can be very difficult to correct, especially if they circulate unchallenged.
This is a Burlington home on Walkers line that is on the housing inventory and has been given a grade which tells something about the house. That’s all the grade does. There is much confusion about the inventory grades and what they mean.
Councillors hear a lot from spokesmen claiming to represent about 1/5 of owners of properties on the heritage register. Spokesmen, she added are “not sworn to speak the truth to Council” Luther Holton, Ms Irwin advised, “speaks very well for himself and his mother and needs no spokesman”.
I’d like to scotch 4 of them” said Irwin.
1: Registry was not produced by the Heritage Committee, but by Burlington’s Planning staff, initially professional Planner Marilyn Lagzdins. The Director of Planning at the time was Gary Goodman.
2: Inventory was never produced by summer students. That statement is completely and utterly false. It implies that irresponsible students with no experience, no mature judgment for the job put homes on a list. Not true.
 The lake was a favourite spot for both Jane and Richard. 3: There is the belief that the Grades A B C D that were assigned to homes were subjective or impressionistic. Nothing could be further from the truth. The grade assignment criteria were the result of objective evaluations based on meticulously responsible criteria. There were 20 criteria in 5 different categories with a ceiling that could be given in each category. A grade of C represented “ordinary” standard and a grade of D was given to properties for which there was no information. We made an annual presentation of the revised Inventory to Council every year from 1992 until 2001
One of the references used for the development of the criteria was Harold Kalman’s The Evaluation of Historic Buildings and the 1970 Canadian Inventory of Historic Buildings Parks Canada. Click on the link to learn what grades A,B,C and D mean.
The Council Committee meeting was told that the Burlington Historical Society has data on some 80 First Class buildings in the city that are more than 100 years old and there are almost 30 Century Farms in Burlington — living history. Irwin also pointed out that in 1992 the Lakehurst Villa, the La Salle Pavilion and Shore Acres (now Paletta) Mansion were not on the Inventory.
4: There is the hint that Heritage Committee members were unpaid volunteers, amateurs or worse, dilettantes. Heritage Committee members in my experience were lawyers, architects, designers / builders, engineers and planners. People whose ancestors came to Burlington more than 200 years ago.
A Burlington farm-house – thought to be of historical significance and given a grade on the inventory the city keeps of such properties.
To describe the people who sat on that committee the way they have been described is a dis-courtesy to the members of your other volunteer advisory committees
Irwin added that: “Professionals working in Toronto for the Government of Ontario, including one whose responsibility it was to revise the Ontario legislation that has been the most troublesome to property owners, and which has gravely disrespected their right do what they like with their own properties”.
 Council had been given its first primer on what the issues were behind the squabbles over buildings that are on a Heritage Registry. Mayor Goldring was so impressed with her performance that he asked Ms Irwin if she would take part in the workshop session planned to fully brief Council members before a second workshop session takes place with the owners of the homes that are on the Registry. She didn’t take him up on the offer.
It was classic Jane Irwin and underlines just why we miss her so much. It will be bittersweet indeed Thursday afternoon.
 By Pepper Parr
BURLINGTON, ON. May 22, 2013. The surprise wasn’t that Jack Dennison, Councillor for Ward 4, lost his application for a severance and several minor variances to his property on Old Lakeshore Road but how two members of the Committee of Adjustment conducted themselves. We will get to that.
Dennison was applying for a severance to his property that would allow him to create a separate lot on which a two-story house could be built. He required permission to sever the property and needed a number of variances as well.
A staff report did not recommend the application.
The vote went 3-2 against Dennison with Chair Malcolm Ramsay, members Grant Newbury and Robert Bailey voting against and members Dave Kumar and Sam Sarraf voting for.
 Burlington’s Committee of Adjustment. All appointed by city council to serve a four-year term. From left to right chair Ramsay, members Bailey, Newbury, Kumar and Sarraf. Peter Thoem, also a member was absent. Five members of the community delegated starting with Dave McKay who gave the committee an overview of how Roseland got to be the community it is today. He was followed by Diane Gaudaur, president of the Roseland community Association who set out the case for saying no. Gerhard Gerber who lives right across the street from Dennison talked about the impact the requested severance would have on the streetscape which was a major part of the opposition to the application.
Christine Dwivedi followed with a very, very lengthy presentation during which the chair asked if she had anything new to add. Mrs. Dwivedi stuck to her guns even though it was clear that at one point she had the members of the committee following her and taking in the many trenchant points she made but after more than an hour it was clear she had gone too far.
During her delegation we did learn that Dennison attempted to buy 10 feet of the west side of the Dwivedi property for $120,000. Mrs. Dwivedi also reported a nasty dispute over work Dennison had done when he installed a new in-ground pool.
With the clock past 10 pm legal counsel for the Roseland Community Organization summed up the reasons for not granting the severance which included an Ontario Divisional Court ruling which is a binding decision.
Applications like this include levels of detail that can be mind numbing and that was certainly the case Tuesday evening. There were some very interesting points made and they will be covered in detail at a later date making them part of the community record.
The process has the applicant stating their case, the members of the community who oppose the application stating their case. The applicant is then given an opportunity to rebut whatever those opposed have to say.
It then goes to the chair who asks each member if they have questions. Once all the questions of the member of the Committee of Adjustment have been asked each is then asked to make their comments.
It is at this point that members of the Committee make it known if they are going to support or oppose the application.
The chair then polls each member individually to hear them say publicly and for the record that they are supporting the application or opposing that application.
Last night three opposed, two supported – one member was absent. Peter Thoem, a former council member was absent – spending his time at Point Peelee watching birds.
Other than the lengthy presentation made by Mrs. Dwivedi , the hearing was like any other that is contentious with significantly different views on either side.
 Councillor Dennison neighbour Christine Dwivedi and lawyer Mark Nicholson prepare to delegate at a Committee of Adjustment hearing. Where things went off the rails Tuesday evening was when committee member Sam Sarraf began to ask his questions. He first directed a question to David McKay on what the boundaries of the community were and then literally fired a bunch of questions at city planner Jamie Tellier who was on hand to answer technical questions and support the report staff had prepared.
There was question after question on specific definitions. Sarraf had clearly prepared and was directing Tellier to specific parts of the Official Plan and having him read them aloud. On several occasions Sarraf asked Tellier: “Would you not agree.” It became clear that Sarraf had an objective and he began to move from being a committee member asking questions to a person advocating on behalf of the applicant.
At one point Sarraf asked a question on a piece of evidence that had not been introduced by anyone. He asked if the property Dennison was seeking to sever was not at one point three separate lots. Where did Sam Sarraf get that information? Did he research the issue? And if he did – why would he do that? His role is to be an impartial adjudicator who hears evidence presented and makes decisions on the merits of the evidence and adheres to the procedures used by a Committee of Adjustment.
Dave Kumar had questions that were related to how this matter would be seen and treated by the Official Plan. His question was very technical, not something that would normally come from a person with a financial background. Kumar’s questions were also beginning to take on the tone of an advocate.
Committee of adjustment members Bailey and Newbury stuck to the issues. They asked questions of staff that were intended to clarify a point. Bailey had very few questions, Newbury asked for some clarification relating to the original design of the lot when it was first put together.
When Chair Ramsay was about to ask the members of the Committee for their comments, which is the time they get to say if they intend to support the application, Sarraf suggested to the chair that any decision be “deferred” until the applicant had a chance to return and address some of the issues raised, particularly relating to what any house built on the severed lot would look like.
Things like this are done for the applicant by the applicants agent. It is not the role of the committee members to suggest possible actions for an applicant.
There was a time when Ward 2 Councillor Marianne Meed Ward once advocated for a constituent at Committee of Adjustment. The city’s Solicitor was brought in to read the rules to what were then newbie Council members. Might be time for the city Solicitor to have a chat with the boys on what’s kosher and what isn’t kosher in terms of ethical behaviour.
It was a long meeting, the room was far too warm and everyone was getting tired. The hands of the clock were getting close to 11:00 pm and Chairman Malcolm Ramsay was letting things slip a little.
 Jack Dennison usually goes all out for what he wants. Did he go too far at a Committee of Adjustment meeting on Tuesday? One observer with experience in matters like this wondered why the chair did not move the meeting into an “in camera” session and have everyone clear the room and once the doors were closed, turn to the two members who were offside by a country mile and ask them: “What the hell is going on here?”
Was there collusion between Sarraf and the applicant? That was certainly a question on the minds of many as they talked after the meeting.
While Dennison was reading his comments he was working from a document he had not made available to those opposed to what he was asking for. In quasi-tribunal hearings such as Committee of Adjustment opposing parties make documents available to each other. In higher “courts” lawyers are required to do so.
When Dwivedi was making her presentation she asked that Dennison not be given a copy of her comments because he had not shared his. The chair didn’t disagree with Dwivedi but once the documents were in the hands of the committee members, Sarraf immediately passed a copy to Dennison who was sitting next to him.
There was the sense that these two guys were part of the same team. It smacked all of that small town, old boys network stuff.
Both Dave Kumar and Sam Sarraf have run for public office – both in Ward 5. Sarraf ran in 2006, Kumar in 2010. Kumar is also a former city hall employee where he worked in finance.
The political class tend to hang together in Burlington.
 Councillor Jack Dennison’s application to sever his property was not approved by Burlington’s Committee of Adjustment. Two members of the committee came very close to becoming advocates for the application. Did this amount to collusion? When running for public office Sarraf said he had completed five years study at Mohawk College in both Construction and Civil Engineering he worked from 1983 to 1999 as a Land Surveyor and was responsible for surveying many of the development projects in Burlington during that period of rapid growth. These included The Maple Community, Mapleview Mall, Tyandaga, and Millcroft communities as well as The Orchard.
In 2000 Sarraf became Project Manager & Planner for a local Engineering consulting firm and was instrumental in the development of several residential and commercial projects and subdivisions in the GTA including the environmentally sensitive Oak Ridges Moraine.
Kumar ran in Ward 5, hoping to succeed Rick Goldring who was running for Mayor in 2010.
Running for public office is noble – it isn’t easy work. Those elected or appointed are in place to serve the people of the city –they are not there to serve their own interests or those of their chums.
Last night we saw what one observer described as what he expected from a “banana republic”. “I never thought I would see that in this city”.
This observer added that Burlington needed an Ethics Commissioner. That would put us on the same footing as the Senate in Ottawa. Would that help us keep our Best City ranking next year?
 By Staff
BURLINGTON, ON May 23, 2013. The Burlington Bandits coming off three straight losses, traveled to Toronto for an afternoon showdown with the Maple Leafs. They got whipped.
Will Richards had five hits, including a two-run homer, as the Toronto Maple Leafs beat the Burlington Bandits 10-5.
Glenn Jackson also smacked a two-run homer and had two hits with three RBI as Toronto survived a terrible first inning to out-last the Bandits while pounding out 16 hits.
 Not looking all that good are we? Richards went 5-for-5 with three singles, a double and homer, driving in three runs and scoring another two. Cody Mombourquette added two hits, two runs scored and two stolen bases, while Rob Gillis chipped in with two hits and also scored twice.
The day didn’t start well for Toronto, as the Leafs made three crucial errors in the top of the first inning to fall behind 3-0. But Burlington made two errors in the bottom of the first to help the Leafs score three times to tie the game, and it was pretty much all Toronto after that.
Leaf starter Clay Caulfield picked up the win in his season debut, despite not getting much help from his teammates defensively. Caulfield went five innings, allowing five runs – just one earned – on six hits with three strikeouts and one walk. Drew Taylor and Justin Cicatello both contributed two scoreless innings of relief to complete the seven-hitter.
 Home and away schedule for May. Brian Sewell had two hits and scored twice for the Bandits (1-4), who have dropped their last four games. Brad Bedford, Jeff MacLeod and Kyle Morton all added RBI singles.
Starter Alex Gale took the loss. He went four-plus innings and was tagged for eight runs on 12 hits without a strikeout or a walk.
The Burlington Bandits return home Thursday night when they look for redemption from the Maple Leafs; game time 7:00pm; Nelson Park.
The Bandits are home again Saturday to see if they can do any better against the Kitchener Panthers.
 By Pepper Parr
BURLINGTON, ON May 23, 2013 The beach to the west on the west side of the city, up tight against the canal that marks the border between Hamilton and Burlington has been a focus for Burlington for some time. A team of planners from Halton Region, the Conservation Authority and the city of Burlington delivered the report to a council committee meeting. This report follows a 1987 report and a 1994 report – all designed to come up with a Master Plan for Beachway Park.
A Master Plan for the area that was put together in 1987 that included mention of the park being “public open space” in its entirety.
A report with the impossible title of: Burlington Beach Regional Waterfront Park Comprehensive Background Report (hereafter known as CBR) pick up that theme and uses this one peg to hang one of its main points on – get rid of the houses in Beachway Park – to which the residents reply: – Not so fast . Some 30 families live down there and they want to see a community in the Beachway as something that makes the area safer.
 Homes right on the lake’s edge with the rail line behind them and then Lakeshore Road. There were once several hundred homes in this part of the city – now there are 30 left. The CBR is a background paper – it is not policy – yet but unless many of the points made in the report are properly refuted it has the potential to become policy – and should that happen we will all be the poorer.
Housing is just one of the issues set out in the CBR – the others are flooding in the area and what can be done to protect the sand dunes that are unique to the province. And those sand dunes are unique as the dunes in Prince Edward County where there is no housing but thousands of weekend visitors.
In this article we include significant parts of the 250 page plus document and set out those parts in bold italic.
The 1987 Master Plan for the beach provided a long-term vision that included a full-scale marina at Spencer Smith Park and the beach area as public open space in its entirety to accommodate a range of recreational amenities. One of the key objectives was the acquisition of all properties in the former cottage communities along Lakeshore Road including the leasehold lands (former Canadian National Railway lands) and private properties as they became available. Funding for acquisitions came from the Province through Conservation Halton, the Region and the City of Burlington. The acquisition of the properties was seen as a priority to:
 The area to the left is known as the Beachway – Spencer Smith Park is shown on the right. Development of that part of Burlington’s waterfront is complete. The city now has to decide what it wants done with property that comes under Regional policy and Conservation Authority rules. Burlington manages the land and the parks within it. The properties on the west side of Lakeshore Road are not threatened. To help with orientation Lakeshore Road is seen as running north/south with the lake on the east side.
Lakeshore Road cuts sharply towards Lake Ontario at the Maple Street intersection where the Joseph Brant Hospital and the Brant Museum are located. It is a very historic intersection for Burlington that once had a railway line running through it; was yards away from the location of the Brant Inn, once the hotspot for jazz musicians in Ontario.
Today that area is the western entrance to Spencer Smith Park and the eastern end of the Beachway Park.
 By Pepper Parr
BURLINGTON, ON. May 23, 2013. Here is the kind of thing that drives people crazy. The residents of Appleby Line along with those who care deeply about the escarpment and how it is managed, had a concern over the amount of landfill that was being trucked into the Air Park.
Like all good people on the Escarpment, they formed a community group to oppose what was being done and bring their concerns to what they felt were the proper authorities.
 Truck traffic on the Air Park site. Each of those trucks has to travel along Appleby Line to get to the site. Photograph was taken after city of Burlington had issued a STOP order. Roger Goulet, President of PERL (Protect Environment and Rural Life), the organization that fought the battle over a permit being issued for another aggregate mining operation on the Escarpment, wrote us to say that the “Appleby Line at the Burlington Airpark dump truck entrances is an accident waiting to happen. This unacceptable traffic situation has been occurring uncontrolled for years. We need the Halton Region and the City of Burlington to put proper truck traffic management and safety mechanisms in place before it is too late.”
All this is going on claims Goulet ” without… permits, fill quality controls, off-site impact mitigation, groundwater and surface water impacts, ecological impacts, dust management, truck traffic controls, etc.
The Airpark facility he adds is within the Greenbelt Plan “protected countryside”; and adjacent to the Niagara Escarpment Plan Area and in part the Halton NHS; and part of the Bronte Creek headwaters.
Goulet then refers us to his correspondence with the Stirling Todd and Nick Zervos, both with the Region, and says:
“I am writing to you as PERL is a member of the new community group Rural Burlington Greenbelt Coalition. The RBGC is trying to rectify a number of major issues with the Burlington Executive Airpark.
 There is something being done on the west side of the Air Park. Thousands of trucks with landfill are going into the site each day – no one seems to know what’s being done and why – and the Air Park executives are not talking. “Traffic is but one of many serious problems with this Airpark. The Region needs to update its files and enforcement because they don’t have all the current facts, or incorrect facts. For example, the Airpark was never issued a site alteration and fill permit by the City of Burlington. And the Airpark is refusing to obtain a permit, thus is in violation. The City of Burlington is trying to get compliance.
“The truck entrances into the Airpark are an accident waiting to happen…no truck turnoff / turn on lane, no signage, mud on the road, no ‘regular’ cleaning of the road, slippery road when wet, trucks crossing into oncoming side of the road, no flag person, dust, etc.
“A friend of mine drives a school bus on this road and tells me he came very close to having a head on collision due to his school bus skidding on this muddy road at the Airpark truck entrance.
“Hundreds of truck loads a day without proper traffic and road engineering controls is a recipe for an accident, injury or death. This is a Regional road. Appleby Line is a very busy road, over and above truck traffic. The Region must put proper safeguards in place, now, before it’s too late.
“Please investigate and demand that the Burlington Executive Airpark put traffic safeguards into place, immediately.”
Stirling Todd, Senior Planner with the Region, communicated with Burlington Ward 3 Councillor John Taylor, no shrinking violet when it comes to Escarpment matters and on May 13th says:
 Trucks dumping landfill without the permits the city feels they need. Air Park executives say they are federally regulated and don’t need permits. “Councillor Taylor: As requested last night I have looked into the hauling of fill on Regional Roads and the entrance permit issues at the Airpark. Here is what I have found out:
1. From what I understand there was no access permit issued as they are using an existing farm/ property entrance. I have also been advised that King Paving (the hauler of the fill) have been cleaning the road on a regular basis and Transportation Services staff have been monitoring this activity;
2. King paving advised Transportation Services staff when the activity started that they had all the permits required from the City.
3. As there are no truck restrictions on Appleby Line, there is no reason related to the Airpark activity to monitor the truck activity on this road, which is a similar approach taken on other Regional Roads. Truck traffic is permitted on all Regional Roads unless weight restriction are in place due to structural reasons or seasonal load restrictions. There are no restrictions on Appleby Line in this area.
“Should you have any further questions, please contact Nick Zervos, Supervisor Road Operations and Maintenance, Transportation Services, Public Works Department at (905) 825-6000 ext. 7632. He is also copied on this email should you want to follow-up with him directly.”
Two things here. Burlington is saying that the required permits are not in place and is threatening to fine Air Park if they continue. The city has drawn their lawyers into the room.
Air Park has come back with: We don’t need permits from you people – we are a federally regulated business.
On May 15th, Nick Zervos, Supervisor, Road Operations and Maintenance, Transportation Services – Public Works, Region of Halton, replies to Roger Goulet and Stirling Todd with:
“Subject: RE: Appleby Line and the Burlington Airpark trucking of fill to the site
“I appreciate your concerns for the safety of the motoring public along Appleby Line – we share your concerns and take this matter very seriously.
” Staff will be reviewing the area and installing appropriate warning signs as necessary and King paving will be directed to clean up the mud tracking. We will also request that police undertake stepped-up enforcement for possible over load infractions and speeding along the corridor.
” Unfortunately, there was no development application submitted by Burlington Executive Airpark for this activity so the Region was unable to place any conditions upon them. Site alteration and fill permits fall under the City’s zoning/building codes and is not regulated by the Region.
” We will also follow-up with representatives of the Airpark to attempt at arriving at a voluntary solution to these issues. I trust this addresses your concerns at this time.”
The problem appears to be totally out of control with everyone saying they can’t do anything while trucks drive into the Air Park site, dump the land fill which is then spread around by the equipment operators on site.
The work being done is never going to be undone. The different levels of government will bicker back and forth.
Why not just put in a call to the Chief of Police and ask him to stop the traffic until the matter of permits is resolved.
If the street you live on is thought to be a crime scene – police cruisers park on the street and tell you not to go into the area, a crime is being investigated. And you don’t drive in.
Any reason why the police could not be called in and asked to prevent trucks from going into the property while this matter is investigated? . The Air Park people can then take whatever action they wish to have the police stop.
All we are seeing is the bickering back and forth. This evening, Tuesday, May 21, Council will debate the issue, citizens will delegate and trucks will continue to roll in and dump landfill.
Doesn’t have to be this way. The police just say: Stop until we figure out who is right and who is wrong here.
Or is that asking too much?
Burlington’s Mayor, the Mayor of Oakville and the Regional chair are all going to be at a Western GTA Economic development meeting in a joint effort to bring more business into the Region. What will you wager that they feel having an airport in the region is good for economic development – and that may well be the case. If that is the case – take it to the people who live in the area and tell them what’s going on.
Has transparency been thrown under those trucks on this one?
 By Walter Byj
BURLINGTON, ON May 20, 2013. The official opening was a bust – snow in May – but the second Sunday opening of the Centro Farmers Market took place on a cool, sunny morning. Located on the small compact private parking lot at the rear of Centro Garden, the market slowly came to life as the 10 vendors set up shop and customers strolled in.
This is the second year for this market. The first worked through all the problems that something new runs up against. Last year closed with one of the most adventurous “restaurant” events in this city. They got rained out last year – hopefully Barry Imber, Impresario of this event, will pull together another Chef’s ShootOut.
 The place is meant to be social, a place where you take the time to sit and talk with people and look over the organically gown produce that follows the seasons. When Russell Gibbs shows up with his honey – it will be gone in a couple of hours – always sells out. Kathy, who was a customer last year when the market was open on Friday’s, was back eager to patronize the local vendors who grow organic. This is one of our goals said Barry Imber, who along with his wife Leslie, is the driving force behind this market. A downtown Burlington resident, Imber wanted not only a market that stressed locally grown organic food, but also a location that would become a gathering place that brought people into the core. Imber stressed that “this market is based on a voluntary spirit where the vendors do not have to pay for their booths and where no public money is required. Being a relatively small market allowed both vendors and customers to create friendships among themselves and who looked forward to reacquainting on a regular basis.”
Nearby Andrea was slowly sipping her coffee, just purchased from the Tamp Coffee Company that had set up a small booth. A first time visitor, she was drawn by the fact that this market offered locally grown organic food and was enjoying the atmosphere and vowed to become a regular customer.
 Best espresso in town – great way to start a Sunday morning at the Centro Farmer’s Market Tamp, by the way brews one of the best Espresso’s you will ever find in this city. And when Russell Gibbs shows up with his limited supply of honey – get to the market early – he always sells out.
I approached the vendor from Baba Link Farms, Pat Kozowyk, who mentioned that her booth offerings would change week to week as the various fruits and vegetables came to fruition. A certified organic farmer, she promised that her small 10 acre farm would supply a large variety of offerings over the summer. Nearby, chef Damian Wills of Farm to Table Meats, was offering frozen organic meats such as chicken, beef, pork and bison. Damian has established a relationship with a number of farmers in the Waterloo area and represents their product s at the market.
Vandenbroek Farms, The Wandering Locavore , Terra Teas and Days of Harvest were other vendors selling their unique product.
I left at around 10:30 am when there was a steady turnover. Many seemed to be from the immediate area, others arrived from other parts of Burlington. Shoppers such as Darlene emphasized that the organic aspects of the produce was her main draw. But I noticed that there is a bit more than that. This was a social, friendly meeting place. People were taking their time. It is the kind of place where the kids are welcome.
Will this atmosphere continue throughout the summer? That remains to be seen; I for one will pop down later on in the year to observe if and how this market continues to develop.
 By Staff
BURLINGTON, ON May 18, 2013. The Kitchener Panthers, playing against the Burlington Bandits managed just three hits but that’s all they would need to edge the Bandits 3-2.
Keith Kandel hit a three-run homer in the fifth inning to account for all of the Kitchener runs and the Panthers got stellar pitching to improve to 3-1 on the season, while the Bandits slipped to 1-3.
Marcos Reyna started and went seven strong innings, allowing just two runs on four hits with five strikeouts and two walks. Mike McGillvray pitched a perfect eighth before Kyle McKay pitched out of a bases-loaded jam in the bottom of the ninth inning to earn a save.
Mike Andrulis had a hit, a stolen base and scored a run for the Panthers, who had only one hit besides the two they managed to score their three runs in the fifth inning.
 Burlington starter Mathew St. Kitts went five innings, taking the loss. He allowed three runs on two hits with seven strikeouts and three walks before Kyle Bolton finished up with four shutout innings, allowing just one hit with two strikeouts and two walks.
The Burlington Bandits are on the road tomorrow as they take on the Toronto Maple Leafs for a 2:00pm start. The Bandits will return home next Thursday when they host Toronto at 7:00pm.
For more information about ticket prices and game schedule, visit the Bandits online at www.burlingtonbandits.com
 By Pepper Parr
BURLINGTON, ON. May 17, 2013. According to a usually reliable source, there is “a big story developing in rural north Burlington and it will be going to council this Tuesday. “Burlington Airpark has been in existence for about 50 years and has lots of planes / hangers there. It was a relatively benign part of the community.
“In 2007 ownership was purchased by Vince Rossi and the objectives of the business changed significantly. A significant amount of fill began to be deposited on the site and resident concerns began to register with local Councillors.
“During 2012, local Councillor Blair Lancaster facilitated two meet and greet festivities inviting residents to meet the ownership, enjoy a corn roast and enter a draw to get some free flights. She personally told me “there was no real reason for community concern as the owners had no money to expand the operation and that the current fill was simply to support improving existing operations”.
 Fill has been going into this part of the Air Park for many months. Residents say the traffic has reached the 1000 trucks of fill a day level. “Fast forward to today. Approximately 1000, that’s right 1000 trucks arrive every day dumping loads of fill. The traffic on Appleby has become dangerous as there is no turning lane into the site and the road itself is treacherous due to debris and mud on the road especially after a rainfall. The owner receives a fee for every load as any developer wishing to get rid of debris has to send it somewhere and pay fees. Do the math…..I’m speculating but at even $ 50 per load you’re looking at close to $ 50,000 per day. Nice business to be in.
 The trucks were certainly coming from all directions. These pictures taken at 2:40 pm, Friday May 17,when a total of 9 trucks came and went.  A truck would roll in, dump its load, get a piece of paper from someone in a hard hat and leave the area. Then the next truck rolled into place. “The loads arrive from all directions. I’ve watched them coming from a variety of directions. Does anyone know the source of the fill? Does anyone know the content and whether it is toxic free? Apparently there are documented dumps at hours after midnight. It`s not unreasonable to assume that those loads can`t be dumped anywhere that is inspected, so what`s in them. And the ultimate insult.
“On May 03 the City of Burlington issued an order demanding a stop to filling until some of these questions could be answered. But the filling has continued despite the order as the owner states that only the Federal Transport Department has authority over an Airpark. I don’t know those legal details but I find it hard to believe that thousands of trucks of fill can be deposited anywhere without examination, knowledge of source and without determination of effects on watercourses etc.
 Bulldozers would level the earth dumped, and it wasn’t always earth, sometimes shale and small stones and then a grading roller would level out the bumps. This is no small undertaking – the equipment has been working over a large area for many months. This ain’t no cabbage patch. “This is going to be a HUGE issue in the rural north. Some, but not the majority, of what I have stated above is based on rumour, conjecture and reports to me from others that I cannot verify. I can verify the remarks of Councillor Lancaster last summer that seem so incorrect. She was either very fooled by the owners of the airpark or will require another explanation for her actions.”
There you have it. It will be interesting to see how this breaks at the Council meeting on Tuesday.
Here is what Councillors will be dealing with:
 Appleby Line is seen on the left. There is a lot of fill being dumped into the property – residents want to know why and the city says it has to stop – it’s illegal. Let’s see how this one works out. Something is certainly going on. An application has been submitted for a consent to sever for property known municipally as 5431 Appleby Line. This property is located directly north of the existing airport lands, and has frontage on both Appleby Line and Bell School Line, with a total area of approximately 35.25 ha. The consent application was received by the City on January 22, 2013 and was circulated to the public, City staff and external agencies in accordance with the Planning Act and regulations, and City procedures. 5431 Appleby Line is not currently owned by the airport, and the application was submitted by a representative of the airport, on behalf of the property owner. Currently, the application proposes to sever an approximately 12.95 ha portion of land from the easterly portion of the site, so that it can be combined with the airport lands to the south. The current airport owner has stated that the airport wishes to lengthen the existing north -south runway by approximately 1000 feet (305 m), which would be almost the entire width of the property to be severed. No specific details of a runway or airport expansion have been provided with the application, other than to state that the proposed use of the severed lands is “Airport”. No other changes are currently proposed for the retained lands (i.e. remainder of 5431 Appleby Line).
The current consent application is subject to the full range of provisions under the Planning Act, as well as current provincial and municipal planning policies, including:
Provincial Policy Statement
Greenbelt Plan
Region of Halton Official Plan
City of Burlington Official Plan
Conservation Halton Regulations and Policies
City of Burlington Zoning By-law
Currently, the application is on hold in response to comments submitted by Conservation Halton. In those comments, a deferral was requested so that
Conservation Halton staff could visit the site and examine a watercourse and wetland feature to determine the significance and possible regulation of these features. It was also indicated that the applicant may need to prepare various studies to confirm on -ground conditions and delineate the features, regulated areas and any required buffers.Should the application proceed, it will do so in accordance with the Planning Act requirements and provisions for land division. Staff have been advised by the Clerk of the Land Division Committee that a public meeting will be held to decide on the applications as at least one letter of objection has been received from a member of the public. Notification of the meeting would be provided in accordance with provisions of the Planning Act, which require a circulation radius of 60 m from the property boundary.
In addition, a notification sign would need to be erected on the site at least 14 days prior to the hearing date. The meeting would be a public meeting under the Planning Act and could be attended by any member of the public. In addition, any decision made by the Land Division Committee would be subject to appeal provisions of the Planning Act, which state that any person or public body can appeal the decision of the Committee within 20 days of the giving of the notice of decision.
 At least 100 small aircraft are stored in hangers at the Air Park. In the evenings they can be seen landing on the field, one after another. Kind of nice to watch. At present, Planning staff have not provided formal comments on the applications to the Land Division Committee. Staff’s position on the applications will be provided to the Committee through these comments, to be considered by the Committee in conjunction with comments from other agencies (i.e. Region of Halton, Conservation Halton, etc.),the applicant, and members of the public.
The Ward Councillor contacted the Engineering and Planning departments for assistance in responding to ongoing concerns expressed by residents regarding the
deposit of fill on the airport site. Based on advice received from the Legal department, City staff advised the airport owner that the City’s site alteration is applicable and by -law must be complied with. This information was communicated to residents at a meeting held on May 1, 2013.
As a result, on May 3, 2013 the Engineering Department issued an “Order to Comply”,related to the City’s Site Alteration By-law 6-2003, to the Airport owner Mr. Vince Rossi. The serving of the Order to Comply was done in person in a meeting with Mr. Rossi. The Order to Comply included instructions that the current dumping and filling operations were required to stop and that the owner would be required to apply for and obtain a Site Alteration Permit in order to continue the dumping and filling operation.
 It used to be a small, sleepy little airport – then ownership changed hands – and something is going on. The current owners argue they are regulated by the federal government; the city argues that have some control and the residents think their Council member has had some wool pulled over her eyes. The owner was contacted again by phone on Monday, May 6, 2013 and the Order to Comply was reconfirmed and that the dumping and filling operations were to be stopped immediately. Also that the Order to Comply would require the owner to apply for and obtain a Site Alteration Permit in accordance with the Site Alteration By-law in order to continue the filling.
 Escarpment residents seem to feel their Council member has misled them. Did she? The owner has since advised the City that they do not agree that the City has jurisdiction on their operations and thus have instructed their contractor to continue thedumping and filling operations. The Order to Comply required compliance to be achieved (in this case meaning a permit to be obtained) within 10 days (in accordance with our by-law). The owner indicated that he would not apply for a permit. The 10 day period to comply expired on May 13th, and on this date a Notice of Violation was served to the owner. This Notice is the next step in the “Order to Comply” process.
It set out the potential penalty (up to $50,000 for a first offence) and required immediate attention to avoid the laying of charges. The Airport owner has communicated that he is not interested in acquiring a Site Alteration Permit, however he has expressed that they would be cooperative and meet with the City “without prejudice” to discuss the typical conditions required under a Site Alteration Permit. The owner indicated there are approximately 2 months of filling operations remaining at the current fill location.
A meeting with the Airport representatives was held on Wednesday, May 15, 2013 @ 1:30pm at Burlington City Hall. This meeting was held “without prejudice” to the Burlington Executive Airport’s right to assert that it does not require a site alteration permit, and also “without prejudice” to the City’s right to assert that the Burlington
Executive Airport does require a site alteration permit and may be charged for the contravention.
The Airport representatives will convey the typical conditions, as discussed at the meeting, and required under a Site Alteration Permit to the owner for consideration.
It will be an interesting council meeting. The Air Park web site shows their latest newsletter dated April 2011 – not all that communicative are they?
 By Pepper Parr
BURLINGTON, ON. May 16, 2013. City Council has been known to whip through their televised city council meetings in as little as 20 minutes. Ward 4 Councillor Jack Dennison will be able to take part in the first half hour of the Council meeting Tuesday, May 21st – (Council meetings start at 6:30 pm) after that he will be next door in Room 247 speaking to his application before the Committee of Adjustment, to be allowed to sever the property he owns and lives in on Lakeshore Road.
 Councillor Jack Dennison at a community meeting in Roseland that was collecting views on the character of the community. The application has had a bumpy ride in the community. Dennison’s neighbours in the community are opposed to the severance and have been successful in opposing applications from others at the Ontario Municipal Board level.
The Roseland Community Association with a membership at the 125 level in a community with something in the order of 500 homes appears to have a lot of clout and is well-organized. They were well enough organized to refuse membership to Dennison, the Ward Councillor
It should be quite a show. Perhaps Council will choose to adjourn for a period of time so that everyone can take in the Committee of Adjustment hearing. Maybe Committee of Adjustment will move into Council Chambers where their proceedings can be televised live. That just might up the Cogeco ratings a bit.
 Dennison’s property on Lakeshore Road is to be the focus for an application to sever the land into two lots There are different views in the community on this one. Some feel Dennison has the same rights as everyone else in the community while others feel he is held to a higher standard. My colleague, Joan Little who writes a regular column for the Spectator and has served as both a municipal council member and a member of the Regional government and still serves on the one of the Niagara Commissions had this to say about the situation Dennison is in:
Where is the line between being a Councillor and a citizen? Sometime it’s blurry, but the
rights of a citizen are enjoyed by Councillors, except when they pose a conflict of interest.
There is already strong neighbourhood concern about a severance, and variances, applied for by Councillor Jack Dennison. It isn’t a conflict technically, but questionable from an optics perspective. I can’t imagine that he intends to run again in 2014 if he’s alienating an old established (voting) neighbourhood. But then, he was roundly criticized in 2006 for being two years behind in his business taxes, but ran successfully.
City planning staff have to recommend approval or refusal – the same staff Dennison works with daily. And members of the committee of adjustment are appointed by council. Would you like to rule on an application for one of the people who appoints you? One member, Peter Thoem, is a former council colleague. While Thoem and Dennison weren’t close buddies, it’s still awkward for Thoem, as for them all. And what if there is an appeal?
Dennison would be smart to avoid these discomforts for all by putting his application on hold while he’s on council. At best, if he runs again – when he ran the first time, about twenty years ago it was for one term, he said – he’ll face stiff opposition from a key part of his ward, and at worst, could lose.
Dennison has always done what he does his own way. He is aware of the risks and he is also aware that there is at least one very credible candidate ready to run and an also ran who might decide to give it a go again.
 By Ray Rivers
BURLINGTON, ON. May 17, 2013. Justice M. Green put it very well when he said, of the federal governments Safe Streets Act that it represented “…an ideology of unabashed Puritanism marketed through fear-mongering and invidious exploitation of communal differences.”
Justice Green was writing about one of the Harper government’s signature legislative pieces, (Globe and Mail – May 2, 2013). Indeed, if puritanism was the driving passion, then why not just bring back the pillory stocks, the dunking stool and the whipping post. 17th century puritans used to nail their prisoners’ ears to the stocks – so they would have to face their victims. And, the multitude of crimes in those days included treason, sedition, arson, blasphemy, witchcraft, perjury, wife-beating, cheating, forgery, coin clipping, dice cogging, slandering, conjuring, fortune-telling, and drunkenness.
 Putting people in pillory stocks was a common practice in the 1800’s. We have progressed since then; haven’t we? It took four centuries to narrow down the list of crimes and, more recently, two generations of socially progressive efforts, to whittle down the number of criminals in Canadian prisons. And the reality is that crimes, criminals and costs have further fallen over the last two decades. So Mr. Harper’s new law – Bill C-10, ‘The Safe Streets and Communities Act’ can only turn the clock back.
This legislation has the ultimate purpose of expanding the prison population and increasing the number of costly prisons required. Why? A good question. Since, ironically, the changes being instituted are happening while crime rates are falling and streets are generally safer in Canada. It is also ironic that the very government which claims to be promoting safer streets is the same one which shut down the long gun registry and destroyed almost all of its weapons records. It is also the government which has made our country more of a potential target for international terrorism through it’s unbalanced foreign policies.
If US-style laws and US prison systems are the models in Mr. Harper’s mind, then privatized for-profit prisons cannot be far behind. And if profit-oriented US prison providers, like ‘GEO’, are to be engaged, we should expect that higher US-style crime rates will also follow. The US, with the highest incarceration rates in the world is a poor model for us to emulate, by any reasonable person’s assessment.
These American for-profit organizations tend to feed on the underprivileged and the poor, while making greater profit from the increasing number of inmates facing longer sentences. Looking objectively at the prison system in Canada, it is hard to miss the imbalance which already exists – how certain minorities are over-represented. For example, less than 13% of Saskatchewan residents are aboriginal and yet aboriginals make up over 80% of the prison inmates in that province. This is something the so-called ‘Safe Streets and Communities Act’ will do absolutely nothing to improve – it will in fact exacerbate the problem.
‘The Safe Streets and Communities Act’ will be the topic of a Town Hall Meeting I am moderating at McMaster Innovation Park (175 Longwood Rd. S.) in Hamilton, 7 PM, May 22. The event is free and open to the public; it would be nice to see you there.
 Ray Rivers Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat after which he decided to write and has become a political animator. Rivers was a candidate for provincial office in Burlington where he ran against Cam Jackson.
 By Staff
BURLINGTON, ON May 16. 2013 Earlier in the week just past mid-afternoon a resident arrived home to find a vehicle in the driveway and a man descending a flight of stairs from his apartment area. Once at his apartment he recognized it had been broken into and property had been stolen.
The man he had seen on the stairs had taken off running down the street and the suspicious vehicle had hurriedly backed out of the driveway and was seen to pick up the man a short distance away. The victim recalled seeing the same man the day prior when he appeared at his door attempting to sell him CD’s.
The victim had a television and Apple IPOD stolen from his apartment and he recalled seeing a television in the rear seat of the suspicious vehicle when he passed by it.
Suspect #1 (driver) – male, black, 30 years of age, 6’2”, 180 lbs, thin build and dark hair in dreadlocks or braids
Suspect #2 – male, black, mid 20’s in age, 5’5”, 160 lbs, short buzzed hair, wearing a black sport jacket with a green t-shirt and dark blue jeans
Suspect vehicle – beige in colour, possibly a Ford Contour with structural damage to the driver’s front bumper and passenger door area
The scam for these two appears to be going door to door trying to sell DVD’s and checking out a residence then going back and breaking in. Alert your friends to this one.
There are an increasing number of daylight break-ins taking place. Police advise residents to not even attempt to apprehend anyone you see breaking into your home. Stay as calm as you can and look for details you can give the police – but call 911 first.
Look for facial details, license numbers, clothing details. It is this kind of information that helps police catch the culprits.
Anyone with information is asked to contact the Burlington Criminal Investigations Bureau at 905 825-4747 x2315, Crime Stoppers at 1 800 222-TIPS(8477), through the web at www.haltoncrimestoppers.com or by texting “Tip201” with your message to 274637(crimes).
 By Pepper Parr
BURLINGTON, ON. May 16, 2013 RIDE, that program that pulled us over during the Christmas season to do a quick check on just how much we had had to drink; looks like it is being extended to WHAT
Halton Police have bought into the Ontario Association of Chiefs of Police’s 2013 Drive Safe! R.I.D.E. traffic safety campaign developed to focus on rail and road safety issues as police continue to see far too many incidents of serious injury and death related to vehicle and pedestrian interaction with railway lines and railway crossings.
 The grief suffered by people who know those killed at railway crossing never leaves their lives. Better security at the crossing is the first step. City council is working on this – sooner than later would be nice. So far, 2013 has seen three pedestrian deaths on railway lines, two in Burlington and one in Oakville. The prior year saw four pedestrians struck by trains on railway lines in Halton, three of which died.
 Notwithstanding the inherent dangers involved, it is illegal to disobey railway crossing signals or drive around lowered railway crossing gates. It is also illegal to trespass upon railway lines.
The campaign will feature a new public information booklet with information on rail and road safety as well as pedestrian safety, drinking and driving, traffic collision reporting, protecting consumers from fraud when purchasing a vehicle, and Ontario’s “pullover” laws.
This campaign is made possible through the support of a number of partners: VIA Rail Canada, Roy Speed & Ross/Globali.com, Canadian Tire, Smart Serve Ontario, Ontario Motor Vehicle Industry Council, Accident Support Services International, Toronto Blue Jays Baseball Club, the Government of Ontario, Liquor Control Board of Ontario, Trillium Automobile Dealers Association, Canpar, Canadian Energy Pipeline Association, Labatt Brewing Company, and Alcohol Countermeasures Systems.
 While having improved police involvement in railway crossing deaths is a positive sign – keeping people off the railway tracks when there are paths like this all over the city is the real problem. While it is nice to see all these companies stepping up to support such a program – isn’t this something the public services are there to provide?
And, isn’t this something our municipal council members are in place to endorse as well? Ward 4 Councillor Jack Dennison certainly didn’t help when he said publicly that he scoots across the railway tracks at Cumberland where he owns a business all the time. That comment must have made police chief Tanner cringe. Send one of those booklets along to Dennison at city hall, while he is still there.
 By Diane Gaudaur
BURLINGTON, ON May 15, 2013. I understand that Heritage Burlington met yesterday evening and that there was a 6 to 3 vote to support the severance at 3083 Lakeshore Road.
I further understand that derogatory comments were made on the record and offhand about Roseland and the Roseland Community Organization. We are duly incorporated as a non-profit organization to resist egregious development in our neighbourhood, and unapologetically so. We have the right to exist for our own purposes. We are not ‘anti-severance’ but we are against egregious development. We have well over 100 members. We have further ‘non-member’ support from other Roseland residents.
 Diane Gaudaur, president of the Roseland Community Association discusses the kind of community they want during a Neighbourhood Character Study; [part of the Official Plan Review. The community does not see the Councillor Dennison request to sever his property as fitting in with the character of the community. I complained earlier about Jeff Sutcliffe writing an inflammatory and erroneous letter to the editor in the Burlington Post. As a voting member of Heritage Burlington, I feel he should not be inflicting his personal views on the public when there is an active and pending Application for Minor Variance. I understand he not only voted, but was forceful in suggesting that it be brought to a vote and also made comments about our organization. When I complained about his behaviour earlier, I was told he was a private citizen expressing his views. I suggest that everyone at City Hall is a private citizen, but that there should be an appropriate code of conduct when dealing with City business.
That there seems to be none for Committee members is unacceptable. Meetings should be conducted by the Chairperson and in a professional manner. I am told that this was not the case. That there should be questions of procedural issues pertaining to voting and to whom this vote should be expressed to, is clearly unprofessional.
Mr. Sutcliffe has a clear public stance on the rights of property owners. The purpose of this committee should be to protect and respect Heritage in Burlington, not to rubber stamp demolition permits and other issues which they vote on. This Committee has long been disrespected by the public, and continues to be so by a significant number of city residents.
This decision is clearly in defiance of the Staff Report in the Application, with clear and unambiguous judgments by Planning on the appropriateness of this severance from a heritage perspective.
 Ward 4 Councillor Jack Dennison discusses the “character” of the Roseland with residents who don’t want to see the severance to his property he is seeking approved. It is difficult enough to undertake opposition to severances. It is even more challenging on many levels when the applicant is our Ward Councillor. We now proceed to the Committee of Adjustment, one of whose members I understand to be a developer and all voted in by the Ward Councillor.
I am appalled that there was no procedure in place for dealing with an application and further that it was not dealt with within the same time frame as other Staff reports. Furthermore, one’s personal agenda should not be the driving force behind the Committee’s action or non-action.
This committee needs a complete overhaul. Members should be there to protect Heritage not undermine it. If having property rights activists and developers on the Committee is for the sake of balance, I suggest that this is an approach that is not working.
The culture at City Hall should remember why they were hired, nominated or elected to be in the positions they are in. Residents and all parties deserve to be treated respectfully and fairly.
Diane Gaudaur is the President of the Roseland Community Organization.
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