The Lego Movie to be featured at Emerson Park FREE movie night – Thursday.

Event 100By Staff

June 22, 2014

BURLINGTON, ON.

Dinner is done, school is over so getting the kids to bed on time doesn’t matter all that much anymore . Taking in an outdoor movie late in the week at a local park sounds like a good idea.  The Rocca Sisters and Associates, a local real estate firm, are sponsoring what they are calling a Stars under the Stars family movie night that will take place at Emerson Park located in north east Burlington.

Lego movieIt is the first FREE outdoor movie night taking place on June 26th at 7:30pm. Several food truck operations will be on hand: SWOT (Sandwiches with a Twist) and Fro Go Xpress are confirmed.

The featured blockbuster film The Lego Movie is a sure hit – even if it has already been see.

Emerson Park is at 2390 Sutton Drive, Burlington

Funds raised through sponsorship dollars, partial proceeds through food truck sales and donations the night of the event will be going to the Joseph Brant Hospital Foundation.

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McMahon takes to the radio waves with the Premier on Sunday; some see this as a Cabinet seat signal. Really?

Event 100By Staff

June 22, 2014

BURLINGTON, ON.

Burlington Liberals are in a twitter.  Their newly elected MPP will be on a CFRB broadcast on Sunday and they are making it sound like this is close to the second coming.

McMahon in blue jacketWith a Cabinet to be sworn in on Tuesday, the Liberal folk are looking for any sign that Premier Wynne will let one slip telegraphing to the listening audience that Eleanor McMahon  is headed for the Cabinet.

The Premier and McMahon will be part of  “The Province” at 1pm Sunday.

You can catch the broadcast on NewsTalk 1010 (CFRB) at 1pm Sunday.  You can also listen online at https://www.newstalk1010.com/

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Expect a collective gulp at special city council meeting Monday when they learn results of court ordered mediation on the pier?

The Pier 100By Pepper Parr

June 21, 2014

BURLINGTON, ON.

It started on Wednesday – It was to be the first day of a three day mediation marathon that on occasion started at 7:00 am and went on into the early evening.

When a crane on the pier site toppled and revealed serious imperfections with the steel being used every one of the cross beans had to be stripped leaving just the steel that formed the lazy S curve that was to make the pier distinct. The only distinct thing about the pier is its costs and the bad taste it has left in the mouths f the people who have to pay the bill.

Pier - from under beams now removed.

When a crane on the pier site toppled and revealed serious imperfections with the steel being used everyone of the corss beans had to be stripped leaving just the steel that formed the lazy S curve that was to make the pier distinct. The only distinct thing about the pier is its costs and the bad taste it has left in the mouths f the people who have to pay the bill.

There were between 20and 30 people in the room at times arguing over who owes what to who on the pier construction problems.  But for a time all the horses were not in the starting gate and there appeared to be some confusion as to whether or not one of the key players – AECOM – was going to show up and take part in what was scheduled as a three day event to attempt to settle the several million dollar difference of opinion on who owed who what.

While Burlingtonians and the people who visit the city do enjoy the pier – it isn’t fully paid for yet.  What was put to the public as a close to $7 million project ballooned to more than $14 million and could go considerable higher when the court cases get worked out.

The city has been in litigation with  Harm Schilthuis and Sons Limited (HSS), the original contractor,  Zurich Insurance Company (Bonding Company for HSS),  Aecom, Lombard, PV &V, Craneway (Insurance Claim)

The mediation ended on Friday.  There has not been an announcement as to whether or not the parties were able to come to an agreement.

How will this city council react to whatever news the city solicitor is going to give them Monday on the outcome of the court ordered mediation over the law suits on the costs of the pier? And will council be open, honest and up front with their constituents and tell them the truth, the whole and nothing but the truth. The seven of them will be asking you to re-elect them in October.

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How will this city council react to whatever news the city solicitor is going to give them Monday on the outcome of the court ordered mediation over the law suits on the costs of the pier? And will council be open, honest and up front with their constituents and tell them the truth, the whole and and nothing bt the truth. The seven of them will be asking you to re-elect them in October..

What we do know is that a Special meeting of city council has been called for Monday, June 23rd at 10:30 an when the city’s solicitor will speak to council in a closed session on the Brant Street Pier litigation.

So – something has happened and council is to get a briefing.

here are two possible directions: Mediation was successful and the city has settled with the other parties or mediation failed and the case will then go to trial.

Mediation is a way to keep differences out of a court room.  People involved in legal disputes –  and in the pier situation there are five law suits –  are required to at least attempt to mediate that dispute. It is useful to look at who is suing who:

Harm Schilthuis and Sons Limited (HSS) vs. City of Burlington

City of Burlington vs. Zurich Insurance Company (Bonding Company for HSS)

City of Burlington vs. HSS, EFCO, Aecom, Lombard, PV &V, Craneway (Insurance Claim)

City of Burlington vs. Aecom

HSS vs. Lombard, PV &V, City, Craneway (Insurance Claim)

What is instructive here is that HSS, the original contractor, is suing their insurance company and their insurance broker.  You sue when you believe the service you bought was not delivered.  HSS is also suing the city of Burlington – they believed they delivered and that the city has not paid for what was delivered.

The city is suing Zurich insurance – this is the company that provided the performance bond for the construction company – HSS.  Early in this term of council the insurance company, Zurich, offered the city an alternative construction solution which the city turned down.

If mediation was successful and the parties came to an agreement council may be asked to approve the settlement.  Frequently in such settlements one of the conditions is a “confidentiality agreement” often referred to as a gag order.  No one is allowed to say anything other than that a settlement was reached.

The city sent more than $1 million on legal fees and didn’t want the public to know until the Post filed a Freedom of Information request which the city at first decided to argue against but saw the error of that idea and held a press conference in January  at which they had then city manager Jeff Fielding tell the public that  $1,349,952 $1. had been spent to date on just the legal fees.  The city would get a rebate on the tax portion of that bill – but a million dollars is still a million dollars.

While no one on city council will admit it today – there was more than one occasion when the city had an opportunity to settle the dispute for a lot less than it is going to cost.  Exactly how much the cost will amount to may be known on Monday – in a perfect world council would have the courage of their convictions to tell the public just what that costs is – but we should not hold our breath.

While the pier problems didn’t originate with this council – all that started when Rob MacIsaac became Mayor and wanted a grand legacy project that would put Burlington on the map.  And it certainly did that.  Things began to go wrong when a crane that was doing work on the pier toppled over.

The contractor at the time HSS and the insurance underwriters took a closer look at the steel that was being used – and there were problems with the product.  At first a few beams were to be taken out and then a few more and before the public knew the structure had been stripped of much the steel and the original contractor was of the site.

The city re-tendered the project, a new contractor was brought in along with dozens of inspectors who checked every foot of the steel that was being fabricated to ensure that nothing went wrong the second time around.

The pier officially opened last June.

lkmng

It was a grand day.  The turnout wasn’t terrific but it was a lively crowd with cup cakes for everyone.  some key people were not on hand.  Former Mayors Rob MacIsaac and Cam Jackson took passes – MacIsaac had a convocation.  There was one person who had more reason than anyone else to be out on that Pier that morning – Henry Schilthuis, a proud man who is close to fierce when it comes to defending his reputation and the man who did the original work but had to walk off the site when he realized it could not be built using the original plans.  On Monday city council will learn if Schilthuis  was right and if they are going to be able to settle with Schilthuis or if there is going to be a trial.

A closing note in a story that may not be over yet.  Earlier in the week I had occasion to be having coffee with two people who were both candidates for council in the October municipal election.  It was a fine late Spring day and after coffee the two council wanna be’s decided to take a stroll towards the pier.  Neither had been out on the pier before, which stunned this reporter.

Is the pier an unpopular place?  Is it a $20 million dollar mistake?   While the city uses a figure of $14 million + as the cost of the pier – the mediation is going to move that number very very close to $20 million.

The question the Gazette has is this: Will the public ever be given a full detailed accounting as just what Rob MacIsaac’s dream has cost the city?

 

 

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Local stained glass artist to exhibit – she is AGOG

Event 100By Staff

June 21, 2014

BURLINGTON, ON.

Confluence poster - AGOG - SeatonWe don’t normally promote events that don’t take place in Burlington but one of the city’s very talented stained glass artists is showing at the event – she is well worth the drive to Dundas.

Teresa Seaton is one of the driving forces behind the annual Art in Action studio tour and is heavily involved in the Arts and Cultural Collective that has come into being the past 18 months and serves as the voice of the arts community.

AGOG – Artistic Group of Glass was formed to share ideas and work cooperatively to raise awareness of their original art.  As fine glass artists they strive to perfect their craftsmanship and push beyond the limitations of craft stereotypes.

It’s an art form that may not be for everyone but if you want to see what a group of artists has done with what we have all seen in our churches – you might want to put this event on your calendar.

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Open Letter to Regional Chair Carr, Mayor Goldring, and City Council: Help defend public engagement and public advocacy

News 100 blueBy Pepper Parr

June 20, 2014

BURLINGTON, ON.

It takes time to get anything done when the wheels of justice are required to move.  The making of a judicial system is not a simple or easy process. It is based on years of precedent and the need to adhere to changes in social mores.  And they don’t always get it right the first time. It took the city of Burlington a bit of time to get a grip in just what was going on when local residents reports hundreds of trucks rumbling along the northern part of Appleby Line filled with earth that was being dumped on the air park property.  Was this a land fill site many wondered.

The air park was seen by almost everyone as a sleepy little rural airport, owned by a local family.  But it got sold for a reported $3.1 million to Vince Rossi who had some very big ideas and what he thought was a shield that would protect him from such meddlesome things as municipal bylaws. It was an air park declared Mr. Rossi and regulated by the federal government and anyone at the municipal or Regional government s could basically take a hike and keep out of Rossi’s business.

Stewart + Warren + Goulet + woodruff + Monte  + Blue

This photograph depicts a seminal point in the evolution of public engagement for the city of Burlington. City general manager Scott Stewart talks to members of the Rural Burlington Greenbelt Coalition, two of whom are bing sued for $100,000 bu the Burlington Air Park. Top the left at the rear is Blake Hurley, city lawyer who handled the city side of the two air park court cases. Seated on the left is the lawyer the city hired to argue the court cases and advise the city.

Rossi got away with that kind of behaviour for quite some time – but there was a higher quality of civic government at city hall and they wanted to take a look at that “federally regulated” argument – and they found that it really didn’t hold all that much water.

Orders to cease and desist and all the options available to the city were used but when it became very clear that the air park was going to stick to its federally regulated position – off to a court room they all went. The city won the first round – Justice John Murray said the air park had to adhere to the city’s site plan by law. 

It took the air park legal counsel less than five days to file an appeal of the Murray decision.  The decision of the Appeal Court was even swifter – three hours after proceedings had begun the three Justice appeal panel said the Justice Murray was right – the air park has to comply with the city site plan by law. At some point in the very near future – the city will begin to press its case and demand that the air park present a site plan for work that has been going on for more than five years.

The Region recently hired AMEC, the former Phillips Environmental, to do an assessment of the storm water systems at the air park.  Apparently AMEC had some difficulty getting on the site, but we have not been able to confirm that. The heavy rains of a few weeks ago saw small rivers of water running south along Appleby Line that did enough damage to require the Region to come in and repair the road shoulders.  The Region now wants to be assured that storm water from the site can be effectively handled. 

The local residents want to know ho is going to pay for the road repairs The Rural Burlington Greenbelt Coalition, the organization the air park lawyers call an “unincorporated collection of citizens”  has gone public again and asked the city to re-double their efforts and begin ensuring that the soil on that 200 acre air park property be fully and properly inspected – and no more of this fighting tooth and nail to get inspection reports that the air park appears to want kept secret.

In an Open Letter to Mayor Goldring and Regional Chair Gary Carr, Vanessa Warren, a candidate for the ward 6 seat, home to the air park, said the following:

On behalf of the residents of rural north Burlington, the members of the Rural Burlington Greenbelt Coalition and I would like to congratulate you on your enormous victory at the Ontario Court of Appeal.  Thank you and City Staff for all your work and leadership on this precedent-setting case. Because of your commitment to protect our rural north and its protected countryside, the City of Burlington now stands as an example to other Ontario communities dealing with airpark fill operations. 

The summary nature of the Appeal Court’s dismissal was, for our community, both gladdening and concerning.  Gladdening because the City was so clearly vindicated and can now proceed to test and control fill quality on Airpark property through its Site Alteration bylaw, protecting our lands and water table from environmental damage.   Concerning because it affirmed our beliefs that the Burlington Airpark and its legal team are unreasonably litigious. Our community continues to be under serious threat from the Burlington Airpark, this time through the use of Ontario’s onerous defamation laws against local advocates. 

Their counsel, Brian Rogers, a leading libel lawyer and member of the Attorney General’s Anti-SLAPP Advisory Panel, intends to defend them on the basis this lawsuit is no more than a SLAPP suit (Strategic Litigation Against Public Participation).  In short, it is another legal action, without merit, brought to intimidate, silence and exhaust – both emotionally and financially – its opponents.

Sheldon interview scene 1

The north Burlington citizen’s fight to defend their rights and their property was seen important enough bu the CBC National News to be given some coverage.

So, while we are elated with the decision of the Ontario Court of Appeal today, and grateful for the City’s commitment to environmental protection, we need your support now more than ever.   We need to defend public engagement and public advocacy – the cornerstones of our democratic system – from the Burlington Airpark’s SLAPP suit, so that this type of legal coercion does not silence the citizens of Burlington.

Sharman Lancaster - Council April 7-14

Councillors Paul Sharman and Blair Lancaster, both serving their first term on city council were both members of the committee that wrote the Shape Burlington report, the document that marked the beginning of significant community participation. Unfortunately, neither Sharman or Lancaster have been strong advocates for community involvement and while there is an Engagement Charter it is a document that doesn’t get much use.

Expecting Burlington to defend public engagement is a bit of a stretch.  The city has yet to truly put its engagement charter into the hands of the public. But a public plea is better than nothing – at some point Burlington will get a city council that is attentive and responsive to it electors.  We just aren’t there yet.

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Was I given a hint that McMahon might actually make it int Premier Wynne’s cabinet?

SwP thumbnail graphicBy Pepper Parr

June 20, 2014

BURLINGTON, ON.

The jockey of course passed it on to the horse –and the horse told me.

This is that kind of a story because people want to spread the news around – but they don’t want to be the source.

We had occasion to talk to a Cabinet Minister from the region who assured us that this person (deliberately not using gender here) was back in the Cabinet of Ontario Premier Kathleen Wynne – but the member of the legislature wouldn’t say which portfolio – other than the person was very happy with what they had been given.

McMahon at podium

Is this what Cabinet material looks like? word was the McMahon should not be counted out.

We were discussing matters related to an issue germane to Burlington – the air park – what else – and mention was made of what role newly elected Burlington MPP Eleanor McMahan might play in the resolving of this issue.

We opined that while Ms McMahon has that incredible political pedigree with a Rolodex that is to die for, the fact is she doesn’t have any parliamentary experience and we don’t know if she will step up to and actually get over the bar.  Her predecessor Jane McKenna certainly didn’t manage to make it.

Being a member of the legislature means being more than a pretty face – there is a thrust and cut to politics that is seen in the legislature.  Is McMahon made of the “right stuff” and can she do it?

“I wouldn’t write her off quite that quickly” responded my contact.  That got me sitting up in my chair real fast.  Was I being telegraphed something?  The Cabinet Minister I was talking to would be involved in the discussions as to who could and who should be in the Cabinet.

I pointed out that the area already had a Cabinet Minister in Ancaster – Dundas – Flamborough – Westdale and another in Oakville where Kevin Flynn serves as Minister of Labour.  Would the Halton area qualify for three Cabinet posts?  “The issue is not where the person comes from; the issue is what they bring to the table and the Premier has very high hopes for Eleanor McMahon.  Remember the Premier recruited McMahon personally”, explained my source.

The Cabinet gets sworn in on Tuesday – we will be watching that broadcast quite a bit more closely.  If anyone happens to see Eleanor out shopping for a new smartly cut suit – let us know.  That would be a positive sign for sure.

Ribfest Rotary guy + Premier + Mayor

Premier Kathleen Wynne, Centre, knows how to wear an apron – we don’t know if she can bake an apple pie. we will know on Tuesday if she has chosen Burlington MPP Eleanor McMahon to be part of her cabinet.

The Premier visited Burlington a number of times before the election was called and took part in several election events as well.  During my first introduction to the Premier, during RibFest last summer when she was flipping racks of ribs along with Mayor Goldring and then chit chatting with people wearing a Rotary Rib Fest apron, I asked if she did much baking.  She assured me she did and I wondered aloud if that was true. “Well I was baking pies just the other day” said the Premier and I suggested the next time she was in town she might bring me an apple she had made.

She promised she would do just that.  I’ve not seen that apple pie yet – but if the Premier appoints Eleanor McMahon to her Cabinet all of Burlington will send her several bushels of some of the best apples the region grows.

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Climate change and Canada’s new pipeline – will the Northern Gateway in BC ever get built? Should it be built?

Rivers 100x100By Ray Rivers

June 20, 2104

BURLINGTON, ON.

It has taken him six years to finally announce his first concrete action to combat global climate change and it’s still only a little – and a little late.  US President Obama’s Environmental Protection Agency has imposed a 30% carbon emission reduction limit on US coal-powered electricity plants by 2030.  That will mean scrapping some of the older plants and conversion of many others to natural gas.  In addition to the greenhouse gas (GHG) reduction benefits, this will also mean 6600 fewer premature deaths and 150,000 fewer asthma cases, they estimate.

By comparison, Ontario which historically burned coal for up to a quarter of its electrical needs, including at the largest coal-fired plant of its time, had completely shut down and banned coal burning earlier this year.  Ontario’s courageous action is Canada’s single most significant greenhouse gas (GHG) reduction ever.

coal burning energy plant

Smokes stacks like this one dotted the province of Ontario. The government put an end to coal fired electrical generation plants – and we all breath easier now.

The federal government had never really been supportive and had refused to help Ontario with costs of this shift away from coal.   Nevertheless, Mr. Harper was only too proud to point out that Canada was already ahead of the US in cleaning up its coal-burning emissions, when Obama challenged him to follow the US regulatory lead.  Canada’s share of emissions from coal burning are now only about a third of the equivalent in the US.  But unlike the US, our overall GHG emissions are heading skywards making a mockery of Canada’s official reduction targets.

In any case, Obama wasn’t talking about coal, when he challenged our PM, he was referring to our oil sands.  The oil industry claims they can now extract a barrel of oil from the sand without having to burn another full barrel in the process, but mining the tar sands is still the most inefficient and environmentally destructive resource extraction anywhere.

So Obama had the Keystone XL pipeline clearly in his sights.  Approving Keystone would just enable further expansion of the oil sands, something US environmentalists have been decrying.  And since American dependence on Canadian oil is declining thanks to horizontal hydraulic fracturing (fracking) in the US, that Keystone project is looking less and less likely everyday.

Harper and Obama are on different wavelengths.  That became clear as our leader joined with the new Australian PM, recently, promising to thwart carbon pricing and other global attempts to mitigate the effects of climate change, and to oppose efforts such as Obama’s press for climate change through forums like the G20.   Why should we expect dinosaurs to care about fossil fuels?

And Canada isn’t about to be lectured by a lame-duck president.  Mr. Harper has another plan to get the bitumen out of Alberta and into Chinese and other export markets – its called the Northern Gateway project.  Northern Gateway is a pipeline from the tar sands across fragile B.C. terrain, over a thousand kilometres, and to the environmentally sensitive Pacific coast at Kitimat B.C.  Northern Gateway was Harper’s baby form its inception, and just this week he employed the pretense of an energy board review before approving its construction, as everyone was fully predicting he would.

Many Canadians are still unsure about what this means, but not the opposition parties which are united in promising to stop this risky business.  Some pundits think this project could become the PM’s final undoing, since he may lose the crucial support of B.C. voters in next year’s federal election.

The B.C. aboriginal communities, over whose land the pipeline will cross and whose fisheries on the coast would be devastated by the inevitable oil spill, are also unified in their opposition.  And the B.C. government still has conditions and concerns ranging from its desire for compensation to better environmental safeguards, before it consents.  The province does not want to end up saddled with the clean-up costs of any spills.

B.C. residents take their environmental stewardship seriously.  For example, B.C. and Quebec are the only Canadian provinces with carbon taxes to reduce fossil fuel burning and GHG emissions.  And the B.C. economy depends heavily on tourism and its fisheries, both of which are threatened by this project. How is it fair that Alberta gets the royalties while B.C. gets the risk?

Oil pipeline being laid

All he costs related to the transportation of oil through a pipeline have to be taken into account – is that happening?

Early cost estimates of the project which would move the half-million or so barrels of diluted bitumen a day through the Northern Gateway and onto foreign tankers could easily approach twenty billion dollars.  Even if the proponent is in the private sector, there are always federal and provincial subsidies and all the ancillary costs attached to these kinds of mega projects.  One could buy a lot of renewable energy infrastructure for that kind of money.   And damage to the environment from a leak or shipping accident would be… well… just priceless.

Rivers-direct-into-camera1-173x300

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. He developed the current policy process for the Ontario Liberal Party.

Background links:

Ontario Coal Phase-Out         Obama’s Plan       Implications for Canada        Canada’s Response       US Health Benefits      Northern Gateway

 Canada-Australia Coalition         Oil Sands Emissions –        B.C. Carbon Tax

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Email lists – Getting permission – and just when does no mean no?

JumarketingmoneymojoBne 20, 2014

BURLINGTON, ON.

James Burchill is not big on bureaucracy.  He doesn’t like getting tangled up on loose ends.  Define the target, aim, pull the trigger tends to be the Burchill modus operandi.   Here he gets on about having permission to email people.

 By James Burchill

Quick everyone … July 1st is fast approaching and we need to ask everyone we can think of whether we have permission to email them in the future.

Are you freaking kidding me?

Way to go genius … that’s going to cost you dearly.

Why?

Because YOU DON’T NEED TO ASK NOW IF YOU”VE EMAILED THEM BEFORE.

Implied permission is still a legit way to connect via email UNTIL JULY 1st 2017 that’s 3 YEARS FROM NOW!

You’re basically going to burn your email list if you approach things this way. If you ask everyone in a frantic rush for permission you will get maybe 10% say yes. The rest WILL NOT.

This is not news … it’s typically been this way in the past. If you try and get a list to give you consent to sell them stuff – they usual say no … about 9 out of 10 people do anyway.

So stop with the knee-jerk reactions and think this through. Sure, the days of spamming people are over. Nope you can’t rent a list and sell stuff to them post July 1st without getting some grief … millions of it if you’re found wanting!

But, if you have a list and have been emailing it for a while and you have a pre-existing relationship with people that PRE-DATES July 1st then you have 3 MORE YEARS to move from IMPLIED CONSENT to EXPLICIT CONSENT.

And guess what … there are many wrinkles in the “law” that need ironing out before the REAL DROP DEAD DATE of JULY 1ST 2017.

You do not need to be scaring, spooking or generally giving your list the option to tell you to “go away!” … and if you keep asking them, well it serves you right because they will tell you to ***** off!

Stop being such a “fraidy-cat” and man-up. Email permission is getting a face lift for sure, and you should NOT SPAM PEOPLE but you certainly don’t need to commit email suicide either. Begin slowly converting the implied to the explicit by offering them a valuable report or “ethical bribe” that helps them solve a problem you’re in the market to remedy. Then you are totally on side with Bill C-28 and can email all you like.

Why the rant today? Well I’ve seen so many emails begging me for permission to stay connected … are you kidding me? Get real. This approach is wrong and frankly sends out the worst kind of desperate signals to people. So when I got yet another “whiny … please can we stay friends …” type email I lost it.

All ranting aside, seriously … stop shooting yourself in the foot. Work to convert (implied consent) people on your list by emailing them converting (explicit) offers … and USE THE NEXT 3 YEARS TO DO IT!

Again to be clear … you have 3 years to convert implicit to explicit permission and frankly if you can’t figure out a cool way to do that within your business sector … well I’d say maybe you don’t deserve an email list.

Burchill James C

James Burchill runs the Burlington Social Fusion Network that meets regularly at the Ivy Bar and Kitchen.

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Surprise candidate expects to file nomination papers for a ward seat many thought could not be won.

Newsflash 100By Pepper Parr

June 19, 2014

BURLINGTON, ON.

There will be phone calls from the city clerk’s office later today or early Friday when a surprising nomination in one of the city’s six wards gets filed.  It will be a courtesy call advising a council member that there is now another candidate in the race.

COB WARD BOUNDARIES MAIN COUNCIL PAGE

A new name will file nomination papers for one of the six wards later today or on Friday. This one should be a fun race.  Should the new candidate win – it will certainly change the tone of this city council.

A young at heart and very fit citizen with a strong business background and a number of years of community service experience will fill in the forms and pay the $100 fee and be in the race for a seat that some think can’t be won – but after watching 70 years of Tory blue ink slide of the Burlington map anything is possible.

It doesn’t look as if there is going to be a candidate to run against the Mayor; there are now more than six running against incumbent Blair Lancaster in ward 6.

Jack Dennison is back as a candidate in ward 4 – we will have something to say at a later date on the way his Ontario Municipal Board hearing has been handled.

 

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Let’s take a last look at that provincial election before we forget what really happened.

SwP thumbnail graphicBy Pepper Parr

June 18, 2014

BURLINGTON, ON

A more than 70 year run came to an end when Burlington elected Liberal Eleanor McMahon as their MPP.  It was a solid win and  part of a Liberal red sweep through much of the region.

Halton went Liberal after 19 years of Tory blue.

It was clear that the people of the province in general weren’t  buying the Progressive Conservative line that the province had to cut like crazy to get the deficit in line and that 1 million jobs were going to suddenly appear.

The province decided to opt for hope and the belief that Kathleen Wynne could work through the problems.  This despite the mistakes that can fairly be described a gargantuan under Dalton McGuinty’s leadership.

wev

The Liberals found a candidate with both depth and an ability to connect with people.

Wynne managed to convince the voters that there was a lot of waste but that there would not be that kind of waste on her watch.  She asked the people of the province to trust her and enough of them to give Wynne a majority government decided to do just that.

One of our readers had this to say about the McMahon win:

Congratulations to Eleanor McMahon. Clearly, she ran an effective campaign and I’m sure she’s was a qualified candidate. I do, however, find it extremely disheartening that Burlington residents bought into Liberal scare tactics, and were so willing to reward eleven years of cronyism, scandal, reckless spending, debt accumulation, blatant lying, shameless pandering to unions, and incompetence with their vote. The party’s victory begs the question, exactly how bad does a government’s behaviour need to be before they get the boot?

I’m curious what Wynne’s excuse will be when the books aren’t balanced by 2017/18 as promised, but I have no doubt she’ll come up with something!

A few days before the election Ms. McMahon and the Burlington Liberals tweeted out something about how they’ll be investing in local businesses and entrepreneurs. I’m still waiting for an answer regarding the specifics of how that will work. I know the Ontario Liberals will be handing out BILLIONS to Cisco and tens of millions to Open Text, but I haven’t heard one word about how Kathleen Wynne’s Liberals will help Burlington businesses succeed. I’m quite certain they won’t let them succeed TOO much, as corporate taxes are almost certain to be raised, as will personal income taxes on reasonably successful entrepreneurs.

Good luck Ms. McMahon. Your government has its work cut out for it, and we’ll be watching.

Indeed all of the province will be watching – many wish there had been better watching when Dalton McGuinty was leading that party.

Did Eleanor McMahon win – or did Jane McKenna lose and how did these two woman come to be the candidate for their political party of choice.

We are told that Kathleen Wynne recruited McMahon directly; that they lunched in Burlington and Wynne asked McMahon to accept the nomination.

The political tradition of this province has been for the local political party association to find a candidate and present that name to the party for vetting.  The late John Boich spent many hours grooming Brian Heagle to become the Liberal candidate only to have Heagle decide that he was more of a blue blood than a Liberal and he went after the Tory nomination.  Poor Heagle found that his blood wasn’t good enough and he couldn’t get the nod he needed from the Burlington Progressive Conservative Association.

werv

Karmel Sakran was selected by the Liberal riding association – not that it made a big enough difference.

Boich convinced Karmel Sakran to run for office and he put up a good fight against a Tory who brought zilch to her nomination.

Jane McKenna was close to the last Tory nominated in the province in 2011 and despite no experience, other than a run against Rick Craven for the Ward 1 seat on city council – where she did very poorly, she had no experience.

McKenna hand out

Turned out to take more than a good suit to convince the voters that you were able to do the job.

She would appear at local events but never once made a delegation to city council where Councillor Craven remarked on the fact that the city had never heard from its MPP.

When Rick Wilson was doing great work to have a plaque placed on the waterfront that corrected the history  surrounding  what actually took place on our waterfront during the War of 1812 he found that he “blown off” by McKenna’s office when he put a call in to them for some help.  At the time MP Mike Wallace was doing everything he could to get the plaque that is at Burlington Heights in Hamilton corrected but as Wallace said at the time: “it was a provincial matter and there wasn’t much I could do”.

The day the creation of the plaque was announced McKenna was on hand apologizing profusely to Wilson for the goof up at her office.  Part of McKenna’s problem as an MPP was her inability to integrate into the community politically – she just didn’t have the experience and local Tory’s began to distance themselves from her.

You rarely saw Wallace and McKenna standing very close to each other when they were both at the same event.

There were serious problems with the local PC party association where it is reported the executive went through at least two changes.  McKenna didn’t have good working relationships with her constituency executive.  She had difficulty as well getting in on events when Cabinet ministers were in town.

Post front page

It was THE political coup of the provincial election when the Liberals managed to convince the Burlington Post to sell them a “mock” front page. Good for the revenue side of the business – but egg on the face editorially. The Post published a front page apology the following day. It happens.

On one occasion when the city was officially opening the Community Garden in behind the Seniors’ Centre on New Street, McKenna wanted to be on hand and wasn’t able to get an official invite from the city.  A polite call to the Mayor could have solved that problem.  The Gazette wrote about the difficulty and advised McKenna on how she could have a presence at the event.  At the time city hall talked the protocols they had to follow.  It is an unhappy day when the political representative for a large number, probably a majority, of the people in the city cannot be at a socially and politically significant event.  That was always McKenna’s dilemma.

The Burlington Progressive Conservative Association chose an unqualified person who was able to win the first time out because of the strength of the political base.  The member was expected to perform and deliver for the community and that just didn’t happen.

McMahon with birthday cake

McMahon had a strong riding association that was able to get feet on the ground to do that vital door knocking – but the thinkers involved in the campaign all came from the Liberal party head office – Burlington was a seat they believed they could win.

McMahon has a fine pedigree and her connections at the federal level are superb.  She is on a first name basis with at least three former Prime Ministers and is a campaigner that connect with people easily.  There is a humility to the woman who has core values that are more than admirable.  There is nothing sleazy about the MPP for Burlington.  Blessed with good health and a pleasant smile McMahon has leaned not to take herself too seriously.

She will use the next six months to get the feel of the provincial legislature and earn her stripes.  By Spring of next year we will know if Eleanor McMahon is more than a pretty face.

Can she be the first in a 70 year line of Liberals for Burlington?  Is there a Liberal sweep for Burlington at the federal level as well?  Will the local Liberals manage to come up with a solid candidate on their own or will they have to rely on the party to sniff out a winner?

 

 

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Interesting property listing on Appleby Line – $7 million plus for 88 acres – next to the air park.

News 100 redBy Pepper Parr

June 18th, 2014

BURLINGTON, ON.

The folks who lived close to the Burlington Air Park have learned to keep their eyes wide open and be ever vigilant.  It was a call from a north Burlington resident that alerted us to the heavy truck traffic on Appleby Line that got the Gazette involved in this story that went from a delegation at city hall where the lawyer representing or speaking for the air park got turfed to the point where there was a Superior Court case which the city won and then an appeal of that case which the city also won.

Some people expect the Air Park to seek leave to appeal the latest court case to the Supreme Court of Canada.  While the air park argument asking that  the lower court ruling be set aside was decided faster than rabbits make bunnies there is some merit in taking this issue as far as it can go so that both the municipalities across the country can be certain just what authority they have on operations that are governed by federal legislation.  The development industry has an interest in some clarification as well.  Whether or not McMillan LLB or Peter E. J.  Wells is the firm to take this any further is an interesting question that will get discussed by the downtown Toronto legal community at their favourite watering hole.

5431 Applyby Line property front gate 5431 Appleby Line swiming poolGiven not only the principles involved but also the amount of money on the table and a 200 acre piece of land – it is reasonable to conclude that this is far from over.

Everyone watches everything very closely.  While the city waits to learn if there is another appeal – you can bet much more than your lunch money that the city and its legal counsel are looking at all the possibilities.  The air park people are doing exactly the same thing.

Which is what made a real estate listing on Appleby Line more than just a sign on a lawn.  A large property – 88 acres – was listed for a very healthy $7,880,000.The property is described as “near Highway 401- 407, which is true and with  a picturesque view of the Escarpment.  The listing goes on to say there are possible future developments.

This is north Burlington rural property and was the subject of a lot line adjustment application that was needed by Vince Rossi to expand one of his runways.

Expect someone to complain vociferously to the real estate bodies about what has been called by one Burlingtonian as false and misleading advertising.

The property is on protected, greenbelt land – zoned rural, rural residential, rural agricultural.

It is described as: Gated Luxury Custom Built Ranch Style Bungalow Featuring Approx. 9000 Sq Ft Of Living Space. High Quality Finishes With Detail. Blue Lagoon Salt- Water Pool.

Must be nice.  Taxes were shown as $6,880,00

 

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100 woman will take an hour to decide which local charity they want to support – they write the cheques on the spot.

News 100 redBy Pepper Parr

June 15, 2014

BURLINGTON, ON.

Like many good ideas – it starts out in a basement or someone’s garage and if it is right it grows from there.

The Burlington Chapter of 100 Women Who Care were meeting in a pretty drab looking community room at Tansley Wood and while the number of people involved was growing the rate of growth was a little disappointing.

Then out of the blue, BDO offered to cover the cost of a location that was certainly higher up the food chain.  The June 18, 2014, from 7:30 – 8:30 p.m. will be held at the Burlington Golf & Country Club at 422 North Shore Blvd. E., Burlington.

BDO is the fifth largest single national accounting and advisory partnership in Canada with over 100 offices nationwide. It is a member of BDO International Limited, a UK company.  The offer to pay for the Golf  and Country Club space makes for a much nicer setting. 

Marion Goard, one of the Burlington Chapter’s founding members announced that another local business – Dermetics, a firm that offers medical, surgical and cosmetic dermatology services had stepped up and gotten involved.

The Dermetics support is unique and solves a problem that many small local firms have when deciding where and how to support the community. “The office manager at Dermetics” explained Goard, “reached out to me with an offer to support 100 Women.  The rationale behind this is that they receive a fair number of requests for support from various sources and have a tough time determining who to support.  By being involved with us, they know that their financial contribution is going to great causes, is being spread out across the city and they get their staff involved.  

100 woman who care square logoDermetics registered 10 memberships with Woman Who Care. This allows 10 of their staff to attend the meetings where they participate fully – as if they were funding their donation themselves however Dermetics will write the cheque to the recipient organization.  

This is something a number of organizations might find very useful – it allows the company to support the community without tying up staff in the selection process.  It also lets staff attend the meeting and be part of that selection process.  It will be interesting to see if anyone else picks up on this.

The 100 Women Who Care model has its roots in the United States with several chapters forming across the U.S. and Canada since 2006. The mandate of the group is simple: 100 women or more meet four times a year to choose from three charities nominated for consideration. Members cast their ballot and then each write a $100 cheque for the charity that gets the winning vote. The goal is to raise a minimum of $40,000 annually ($10,000 x 4 meetings) in support of local initiatives.

The Burlington Chapter, founded by Marion Goard, Pat Grant, Megan Teall and Laurel Hubber, held its first meeting at the beginning of this year raising more than $3,000 for the Burlington Humane Society. At their second meeting they raised $4,000 for Halton Women’s Place.

Part of the appeal of 100 Women Who Care is that at each meeting the beneficiary of the last donation has a chance to address the membership to thank the group and to share how the donation will have an immediate impact in our community. “On Wednesday, Kaitlin Gordon, Development Coordinator from Halton Women’s Place will share with us how our $4,000 donation is making a difference to women’s lives in Halton. After Ms Gordon’s presentation, our members will listen to three 5-minute presentations about three new charities, take a vote and make their donations to the chosen beneficiary immediately afterwards,” says Goard.

Heading into the third meeting, support for 100 Women Who Care Burlington continues to grow. “We always welcome individual members as well as businesses who wish to be corporate sponsors to join us at our June meeting,” says Goard. “And whether you are new to the group or are already a member, we’re sure everyone will be excited to see how a small group of women can make a difference in our community – in just one hour.”

You can RSVP your attendance to info@100womenwhocareburlington.com. Nominations for charities/organizations can be filled out online ahead of the meeting at Nominations will also be accepted the night of meeting.

Registration begins at 7:00 p.m., with the meeting starting promptly at 7:30 p.m.

Goard does point out that the Burlington Chapter has some catching up to do. “I learned that the Greater St. Johns March donation exceeded $29,000 and they have over 900 ‘Likes’ on their Facebook page.  We definitely have a ways to go to keep up with them.  I’m not sure what’s holding things back here.”

Maybe the Golf and Country setting will make the difference.

 

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The fraud artists continue to attempt to fool people – pay attention and don’t get taken in.

Crime 100By Staff

June 15, 2014

BURLINGTON, ON

They are relentless.

They send the emails out by the hundreds of thousands.

Their costs are minimal.

They need one of two things – people with more greed than common sense or people who don’t fully understand internet technology and what happens when they click on a link.

This is particularly difficult for seniors who can remember the day when they had phones run by a local operator who made the connections.

CIBC notice June 2014

If you click on that box your problems will have just begun.

It means being vigilant – if it doesn’t seem right, it probably isn’t and if you don’t understand what you are being asked to do – then don’t do it.  And if it sounds too good to be true – then it isn’t true.

Set out below is the most recent scam.  We do not bank with CIBC.  How the fraud artists got our email address is beyond me – it’s not hard to get.  That address will get bundled with millions of others and sold to someone who will then use that list to send out millions of email – all they need is one and they make more money with that person than they make in a year.

Some people have been ruined because they clicked on what they saw as a great opportunity.  For the fraud artist it was a great opportunity.

 

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Columnist ecstatic with the election of a Liberal government; beside himself with the end of a 70 year run of Conservative MPP’s

Rivers 100x100By Ray Rivers

June 14, 2014

BURLINGTON, ON.

What a night; what an election!  Ontario voters have rejected the roller coaster, recessionary, austerity program the opposition PC’s were promising.  Instead we have bought into the hope, promise and reconstruction offered in the last provincial budget by Premier Kathleen Wynne.  And the NDP, which had precipitated the election, ended up being marginalized.

Wynne arms wide A

The promise was clear – not to see how well she delivers on that promise.

PC leader Hudak also announced he was stepping down as leader, something which will be music to the ears of the growing number of Ontario conservatives who don’t share his ‘Tea Party north’ vision for this province.  The Globe and Mail, which had been critical of Hudak’s ill-conceived election platform surprised many with its conditional endorsement of the PC leader (Tory minority).  Reports indicate that the Editorial Board may have been coerced by the paper’s owners, apparently causing dissent among editorial board members and making a mockery of the claim of independence for ‘Canada’s so-called national newspaper’.

NDP leader Andrea Horwath needs to consider also stepping down, given her disappointing performance over the last year and during the campaign.  Horwath falsely accused the Premier and her party of ‘corruption’.  Then, having caused the election, she was inept at producing a credible platform of her own – leaving her fellow candidates and party supporters baffled and rebelling.   What was clearly a cynical play to expand her party’s seat count failed miserably and cost us all – paying for an election we neither needed nor wanted.

By her unqualified victory last night Wynne has freed herself from the legacy of the McGuinty era scandals which had plagued her from her first day as Premier.   Moreover she now has a mandate to lead the province onto the path she has promised would restore the provincial economy.  And of course, she will need to grapple with the significant budgetary deficit still ahead as well as a debt-load inherited from the years past.

That will likely mean paying attention to the revenue side of the equation as well as the cost side.  So Ontario residents should expect a return to a more equitable and fulsome taxation regime.  The province has the most efficient (least cost) government in the country.  So while she will need to consider ways to restrain the mushrooming size of government services, that alone will not be enough to remove us from the ‘have-not’ list of provinces.

There were other big changes in this election as well.  Locally, Burlington, where I once ran,  against the odds, finally went Liberal with Eleanor McMahon winning after  70 years of  Tory dominance.  Ted McMeekin, in Ancaster, Dundas, Flamborough and Westdale, retained his seat and can be expected to resume duties in Premier Wynne’s new Cabinet.

Halton voters put an end to the 20 years of Ted Chudleigh’s reign as Liberal Indira Naidoo-Harris pushed him out, convincingly.  Chudleigh’s ouster represents the changing demographics of one of the fastest growing communities in Canada – one that he and his friend Mayor Gordon Kranz created.  Can a similar fate be in the cards for Kranz this upcoming municipal election?

Premier Wynne has been given four years to implement her program of renewal and reconstruction for Ontario.  This is an heroic undertaking given the global world we live in and the lack of support from a federal government best described as anti-Ontario.  To be successful the Premier will need all of our support – after all we are all in this Ontario together.

 Background links:

Voters Decide     Liberal Win      Wynne Settles the Debate      Globe Editorial Board

Rivers-direct-into-camera1-173x300Ray 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. He developed the current policy process for the Ontario Liberal Party.

 

 

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More than seventy years of history changed yesterday – A Liberal will represent Burlington at Queen’s Park

News 100 redBy Pepper Parr

June 13, 2014

BURLINGTON, ON.

Hello Burlington.  An historical day for the city – you’ve elected a member of the provincial legislature from a different political party.  Burlington is no longer Tory Blue.  The earth did move.  We know how it happened – the why might take a little bit of time to understand.

McMahon at podium

Eleanor McMahon, MPP elect for Burlington

McMahon with birthday cakeFor Eleanor the world of politics wasn’t one of those “love at first sight things”  She was given an opportunity to help out and found herself in a place where her mental and physical energy could be used.  An Assumption High school student Eleanor went on to do an arts degree at the University of Windsor and spent a year in France doing graduate work.  She has also done certificate programs at the University of Waterloo and Trent University.

Mom was a woman with a university education, far from common at that time.  Her world was the laboratory where she worked at the thinking end of a microscope.

An opportunity to work in Ottawa came her way and as a shy, inquisitive 23 year old Eleanor headed for Parliament Hill and spent a number of years working with John Turner, who to this day is a close friend.  McMahon worked for Jean Chretien and can recall going to more than one hockey game with the then Prime Minister.

Communications and strategy were the McMahon strengths; where she took the dictum that if you didn’t know your history you were bound to repeat it.

When McMahon was a high school student Model Parliaments were a part of the curriculum – that is probably where the high school baseball player got infected.

McMahon in blue jacket

Burlington can expect to hear a lot from this lady.

Eleanor’s Dad served in the Canadian army taking part in several of the major campaigns in Holland and Italy.  His leadership ability got him to the Royal Military Academy at Sandhurst, the British military leadership school that trained the men and woman who won the second world war.

Dad returned to Windsor after the war and began civilian life in the automotive sector where he handled what we today call logistics.  Getting parts to where they were needed involved a lot of paper shuffling during that time when carbon paper was what you used to make a copy.

He worked with Chrysler and turned down several opportunities to move from Windsor and up the management ranks.  Family was the core value and having everyone at the dinner table mattered most.

When it was suggested that the McMahon dinner table might resemble the television program Blue Bloods where several generations of NYPD officers shared a Sunday meal, McMahon nodded and said – that was pretty much who we were.

Conversation with McMahon is filled with some of the Liberal political greats – she would refer to John when she talked about John Turner or Jean when she talked about Primer Minister Chretien but it was always Mr. Gray when she talked about the late Herb Gray, probably her first and most influential mentor.

McMahon spent a considerable amount of time with the United Way in Ottawa and with Petro Canada where her communications skills were valued.

McMahon - Sea_of_green

Prior to being elected McMahon was the Executive Director of Share the Road, an advocacy organization that worked towards getting bicycles and car drivers to learn to share the road

She took up the challenge and was in the race.  The help that was needed from the Ontario Liberal party was delivered and the local riding association under the leadership of Roland Tanner got the troops into the trenches for a short but intensive campaign.  It was something to watch the way McMahon bonded with people – I knew then that the woman as a natural, I also knew that this was Burlington and there was more than 70 years of history to overcome.

Saturday after Saturday the word would go out  – “we are gathering at Tim Hortons” and working a particular part of the city.  On some occasions McMahon had the Premier with her.  McMahon was the better campaigner.

In the closing days of the campaign the McMahon campaign pulled off a coup that few expected possible in Burlington – they managed to buy the front page of the Burlington Post.  While the advertisement was identified as an “advertorial” it looked like the real thing to a lot of people.  That stiffened up the race and must have generated howls of disdain from the McKenna camp.  It brought a front page apology from the Post to anyone offended by the advertisement.  It was a sign as well of things to come: McMahon took 43.3 % of the vote a sold 5 points more than McKenna.

McMahon now has to build a solid Liberal constituency organization and create the relationships with the various organizations that she is now in place t represent at Queen’s Park.

It might take a bit of time for McMahon to bring about the change Burlington is going to have to adjust to – she will have her plate full with Chamber of Commerce and Rotary Club lunches that want to see the new member of the legislature.

Getting sworn in and learning the ropes at Queen’s Park will keep her busy during the summer and into the fall season.

Getting a grip on what the immediate, near term and long term issues are for Burlington will take time.  There will be those who will want to create their own relationship with the member and determine how much influence they can have.

Eleanor McMahon knows the game of politics as well as anyone and brings an ethic and a set of personal values to public office this city has not seen in some time.  She is in office for four years – time enough to show what she can do.  The timber that makes up the back bone of this woman is the kind of wood cabinets are built with  Not immediately – but in time Eleanor McMahon will serve as a member of cabinet.  And we will be very very proud of her.

The day she stands in the legislature to give her maiden speech will be significant and filled with personal emotions.  It was in that Legislature that Bill 126 “Ontario Road Safety Act” was passed.  It became known as Greg’s Law, in memory of OPP Sergeant Greg Stobbart, Ms. McMahon’s husband, who was killed while on an off duty training ride on his bicycle on June 6, 2006 in Milton, Ontario just north of their home in Burlington.

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Is there yet another air park appeal in the works or will a way be found for everyone to make nice? Don’t bet on that outcome – yet.

News 100 greenBy Pepper Parr

June 12- 2014

BURLINGTON, ON.

The bigger picture of the Burlington Air Park Inc., appeal of a lower court decision is now becoming clearer.

There are losses and there are losses – this one was a trouncing.

In the Appeal Court process has each side giving oral arguments based on the documents that were prepared beforehand.  That collection of documents is called a Factum.

The appellant, in this case the Burlington Air Park Inc., proceeds first.  At any point during the oral arguments either of the three appeal court judges can intercede and ask questions.

Peter Wells spoke for more than two hours and delved into all the reasons why the lower court ruling, the one given by Justice Murray in Milton should not stand.  They ranged from inter jurisdictional immunity to the argument that the court case was never about the content of the landfill – which came as a surprise to the 11 Burlingtonians in the court room.

One of the judges asked Wells if the air park could faithfully obey federal laws why could they not obey municipal laws?

Wells later said that Justice  Murray  misunderstood what the real issues were.  Several in the court reported later they they believed this was the point at which Wells lost his case.  Several of the observers felt Wells glossed over the environment issues and one appeal court judge asked Wells directly if he thought Justice Murray was wrong.  Wells said he believed Justice Murray was wrong.

Prior to the hearing Burlington Air Park Inc., filed a motion to have new evidence submitted.  The court accepted the new evidence and then asked Wells what any of this had to do with the Murray decision.

The new evidence was related to an action the city had brought against King Paving that was later dropped; discussions about King Paving being able to bid on future city contracts and the Pinchin Environmental report dated April 7, relating to a “groundwater monitoring program limited environmental site assessment. Terrapex is currently reviewing that report for the city.  It is a very, very complex detailed report .

The judges didn’t see it as relevant.

They took another short break, returned to the courtroom and advised Mr. Wells that they were deciding to dismiss his appeal.

Ian Blue didn’t have to say a word.  He didn’t have to defend his Factum.  The appeal court judges didn’t see a case to be argued and everyone was dismissed.  The moment the judges were out of the court room the Burlington crowd burst into spontaneous applause.

It was over

The justices also awarded the city $22,000 in costs.  These court cases are fast becoming a profit centre for the city.

The city put out its press release saying the “Court of Appeal for Ontario has upheld the decision that the City of Burlington’s site alteration bylaw applies to the Burlington Executive Airport.

“The city’s bylaw is valid and binding on the Burlington Airpark and the city is able to enforce its bylaw.”

The Mayor is a happy camper:  “The city has shown its commitment to the residents of Burlington in keeping the site alteration bylaw in effect, even in challenging circumstances. He congratulated city staff who persevered in doing the right thing for our residents in ensuring that fill does not continue to pile up on the site and that there are some controls in place to help our community when affected by operations such as the airpark.”

Many of those residents are wondering why the land fill was allowed on the site in the first place.

Ward 6 Councillor Blair Lancaster, who has had her problems with the residents directly impacted by the land fill dumping, said  “I am pleased for the people who live near the Burlington Airpark that this decision has been upheld by the Court of Appeal. This is an important moment for those residents, and I am hopeful that things will improve for them.”

The city will meet with legal counsel to determine next steps.

The site alteration bylaw allows the city to regulate how a piece of land can be altered, such as through filling, grading or excavation. The city is updating its site alteration bylaw, which regulates how a piece of land can be altered through filling, grading or excavation, and is hosting a public information meeting to review the new version on Thursday, June 19 from 7 to 9 p.m. at City Hall, 426 Brant St., Room 247.

The really critical question is – which version of the bylaw will be used to bring the air park to heel – and are we done with the appeals?

Barbara Sheldon, who has suffered the most damage at this point – but there are neighbouring farms that will not know for years if they will suffer damages and who knows when whatever is in that fill is going to work its way into the water table, has become the “poster girl” for the movement opposed to the air park work.  She has done a CBC News interview as well as a CFRB radio interview and is seldom at a loss for words had this to say about the appeal dismissal: “The verdict of the Appellate Judges, upholding Justice Murray’s ruling that the City can enforce its site alteration by-laws, may be the first, real turning point to the restoration of the properties and lives that Rossi has willfully and deliberately damaged since he bought the Airpark.

“Unfortunately, Mr. Rossi’s proven history with this community has destroyed any possible belief from me that Mr. Rossi will ever comply with the City or respect his neighbors.

“What I do have hope for, is that the pilots will now take back their ‘club’ and restore it to the wonderful, recreational airpark that was built and operated for 60+ years by the Kovachiks’, and that it once again co-exists in harmony within the community and the City of Burlington, as it did under their ownership.”

Vince Rossi does not make himself available to the Gazette.  He is currently suing this newspaper on a web site along with two north Burlington residents for damaging his reputation and has asked the court to award him $100,000 in exemplary damages.

Defences are being prepared – a court date has yet to be determined.

Rossi said he will be meeting with his legal team to determine how to proceed with the planned expansion of the air park.  He apparently expressed hopes that the city  ““might be more conciliatory.”  Rossi is reported to have said: “We’ve been conciliatory with the city all along up until this recent situation. It’s not like we did anything the city was not aware of.”

Stewart + Warren + Goulet + woodruff + Monte  + Blue

City general manager Scott Stewart talks to members of the Rural Burlington Greenbelt Coalition during a council meeting break. On the far right sits Monte Dennis, of of the people being sued by the air park; in the row behind sits Vanessa Warren who is also one of the defendants in the libel suit with the air park. On the left, standing is Blake Hurley, the city legal staffer who handed the air park file for the city. Seated on the left is Ian Blue the lawyer who has done some  very good work for the city.

Vanessa Warren, founder of the Rural Burlington Greenbelt Coalition and a candidate for the ward 6 council seat in the October municipal election, hopes that this decision will open up the blockages on getting environmentally based information from the province and that the Ministry of the Environment  might soon be able to go on site and test the soil “which is the problem.”.

Vince Rossi, president of the Burlington Executive Air PArk and beleived to be the sole shareholder of the private company, met with north Burlington residents.  He took all the comments made "under advisement"..

Vince Rossi, president of the Burlington Executive Air Park and believed to be the sole shareholder of the private company, met with north Burlington residents. He took all the comments made “under advisement”..

Right now the city and the MOE are battling over Freedom of Information FOI requests that have been made and denied.  They city is either at the mediation or adjudication level on several of these FOI requests.

Where is all this going? It probably isn’t over yet.  The air park has a very significant $4.5 million investment and they aren’t just going to walk away from it.

Ideally for the community the land fill will eventually get tested – and if it found to be damaging – then it has to come out.

Who pays for that?  The people who own the land.  Right now Vince Rossi own the air park and no one can see his bank foreclosing on the mortgage they hold – they don’t want title to the land.

There is a 200 acre piece of prime land up there – at some point someone is going to have to come up with an idea for the property.  Vince Rossi believed he had a great idea but he has not managed to sell that idea to anyone.

Don’t expect any innovative ideas from the council you are going to elect in October

 

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The provincial election from a Burlington perspective.

SwP thumbnail graphicBy Pepper Parr

June 12, 2014

BURLINGTON, ON.

It was a healthy crowd.  They were attentive and at Nelson High to listen to a debate between Progressive Conservative incumbent Jane McKenna, Liberal candidate Eleanor McMahon in and Janet Mowbray representing the NDP.  All want to be elected as the Burlington representative in the provincial legislature.

Other than the debate sponsored by the Canadian Federation of University Women,  debate this turned out to be the only opportunity to see the candidates debating

The audience was attentive with the focus on what each political party would do for the province in terms of education.

The lines between the policies were as clear as any citizen could possibly want them to be.  The Progressive Conservatives were blunt – they want to see 100,000 fewer civil servants on the public payroll which meant cuts at the educational, medical and public services levels.  While cutting in these sectors was to be brutal – the promise was to create 1 million new jobs in the private sector.

The issue for the PC’s was the level of debt the province is carrying.  The Liberals weren’t as constrained with debt – they saw debt as what was needed to fully recover from the 2008 recession.

The differences in the political party decisions are fundamentally clear – and we don’t hear that many people talking about a “great” program from any of them.

The New Democrats are still fighting the collective agreement battle of the 2011 election – the Liberal government  of the day certainly did themselves no favours when they tinkered with the teacher’s collective agreements.  Liberals now argue that the number of teachers needed problem has been fixed and that jobs were not lost – which the Tories say is part of the problem.   They point to declining enrollments but nothing comparable in the way of lowering of the teaching compliment.

The Liberals believe that the only way the province is going to grow the economy – we still are not fully out of the 2008 recession – is to ensure that we have the labour force with the education needed to take up the good jobs they believe will surely come if the province stays the course.

The Tory’s are obsessed with the size of the provincial deficit and are prepared to cut, slash and burn – whatever it takes to get the civil service reduced.

The Liberals argue that cutting those education, health inspector and hospital staff will significantly reduce the quality of life and the life style Ontarians have come to expect.

Three provincial candidates

If you voted the political party – these were your choices – and the differences are stark.

The campaign locally has been harder fought at the door to door level than most people realize.  The Association of University Woman held their debate during which it is reported McKenna did better than the Nelson High event.

The cancellation of the Chamber of Commerce breakfast (they said no enough tickets had been sold) was a blow to the community.  Many suspected the Tories in this town suggested the Chamber event be cancelled – McKenna wasn’t looking all that good at public meetings.

At some point during the campaign Cam Jackson was seen going door to door with McKenna.  Those must have been really old solid Tory polls.

The brilliant cover page ad the Liberals ran in the Post stunned many.  It sure looked like a real front page – but it was a paid advertorial that has McMahon sweeping the election.

Then she Toronto Star report that had Burlington going Liberal after 71 years of Tory rule- that boosted moral at the Liberal campaign office on Fairview.  Some may have been surprised that the Post sold their “front” page – but a buck is a buck – I guess.

There is a time when the quality of the candidate over rides the party choice – and on that level Eleanor McMahon was the most sensitive to the issues, the most persuasive with her arguments and the most able to listen.

McKenna has been backing away from cuts in the education sector. She is reported to have said the PC’s will not be cutting education spending however she did see a need for better allocation of resources in the educational sector.

Jane McKenna has served one term as the MPP for Burlington.  She was a close to last minute choice for the nomination in 2011 and was surely the most surprised and delighted woman in the city when Keith Strong approached her to accept the PC nomination.

The question many have about McKenna is: What has she done for Burlington?  At a city council meeting recently ward 1 councillor Rick Craven asked why they had never once seen McKenna. “We’re paying her” was Craven’s comment “she should at least appear before us.”

Where the Liberals are weakest  is with the profligate spending during the McGuinty years.  There was nothing wrong conceptually with Ornge except that the government forgot they were supposed to keep an eye on what their agencies do.  Where was the oversight?  E-health was necessary but how did the government get hornswoggled into paying the salaries they paid?

At one point during the lead up the vote it looked as if the Liberals might have squeaked through with a slim two seat majority.  That would not have been because they are the best choice – they are all disappointments and the citizens of this province deserve better.

Leadership is supposed to be about hope, promise,  a better day and a better society – having “chicken little” shout at me saying the sky was going to fall in was not something I needed – thank you.

When Wynne said again and again that she was sorry  about the gas plant decisions during the leaders debate I didn’t feel that we were in good hands.

That the gas plants were going to be cancelled was a given – all three parties knew that  -it was the way the government sent good dollars after bad out the window as they settled with the contracting companies.  The public had a right to better stewardship over public funds

At the Nelson High event candidates were given four questions prepared for the candidates taking part in the Nelson High event – they were given the questions before the event which explained why all of the candidates were reading from documents in front of them

Was it a debate?  Not really but it was certainly a chance to see where each candidate and their party stood on an issue.

Other than door to door visits most of the public had not had a chance to see two of the candidates.  The evening at Nelson High was an opportunity to see how much Jane McKenna had grown as a member of the legislature – unfortunately she hasn’t grown in either stature or a sense as to just what being the member of the legislature for a community is all about.

McKenna did however make it very clear what the Progressive Conservatives would do and many in the room felt the shudder of the Harris days.  However, there were many that recalled all too well what Bob Rae did to the province when he was the NDP Premier.

McKenna, who is usually very quick with facts and numbers, got caught up on her some of the numbers she was putting out.

The politeness and courtesy between Liberal candidate McMahon and NDP candidate Mowbray was so distinct when compared to the brashness and hard words used by McKenna.  At one point Janet Mowbray had run out of time answering a question and McMahon turned to her and said – “use some of my time.  It was noted as well that every candidate for the Burlington seat was female.

For those that went to the event as hard core partisans – McKenna did fine.  For those who were reflective and thoughtful – they would have left the room wondering what kind of a society they want and if McMahon represented that society.  The difference between McMahon and McKenna was palpable.

A speaker brought to the audience’s attention that Mowbray was once a Liberal and did not live in the riding.  McMahon was quick to point out that while she lives in Burlington her residence is about six blocks outside the constituency boundaries.

The issue for the audience was those 100,000 pink slips Progressive Conservative leader Tim Hudak has said he is going to hand out.  McKenna is quick to add that much of that reduction in people on the payroll will come through attrition.

The campaign is over, people are now making their way to the polling stations and by the end of the day we will know what we have in the way of a provincial government for the next four years. 

If it turns out to be Kathleen Wynne – expect her to face two different people the next time out.  Hudak’s leadership will not survive another loss – and the New Democrats will begin looking for a leader who had s a plan and a vision.

Should Tim Hudak prevail and become Premier Ontario then we have to wait and see how far he goes with his plans to significantly change the way the government provides services and support to the taxpayers and how they grow the economy of the province.

Monday of next week A Different Drummer Books and Burlington Public Library will feature a guest with both knowledge and insight on just how parliamentary democracies work.

Michael MacMillan will talk about his book: Tragedy in the Commons that documents the views of former members of parliament who speak out on Canada’s Failing Democracy.   Monday  June 16  7pm at the Central Library.

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Burlington air park appeal is dismissed – city can begin thinking about how it will enforce site plan compliance

Newsflash 100By Pepper Parr

June 11, 2014

BURLINGTON, ON.

Based on an as yet verified report from the Osgoode Hall Ontario Court of Appeal,  Burlington Air Park Inc., appears to have lost the second round in efforts to build an air park without having to comply with municipal rules and regulations.

A panel of three judges dismissed the appeal on the spot – which is a bit unusual.  Frequently appeal courts take time to review the documents and the pleadings and then write their decision and release it at a later date.

The Burlington Air Park Inc., can seek leave to appeal the decision of the Supreme Court.

We will seek additional details on this matter and follow up.

The tide has certainly turned on this situation.  The city can now begin thinking about just what it is going to require of the air park in terms of compliance with the site plan by-law.  And residents who have suffered significant property value losses can begin to think in terms of damages they will want to seek.

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Burlington’s air park will make it to the big screen tonight on CBC; pop corn parties being held at numerous locations to mark the ocasion.

News 100 blueBy Pepper Parr

June 10, 10, 2014

BURLINGTON, ON.

It could not have come at a better time for the north Burlington residents who are looking forward to a second day in court where they hope what they see as an errant, illegal land fill operation finally have the boots put to it.

The Gazette has followed this story since we first got word of the truck rumbling up and down Appleby Line with landfill from quite where no one knew.

Three notices of libel during which we were given an opportunity to retract what we had published, notices to two other north Burlington residents as well and then finally a Statement of Claim from the  Burlington Air Park Inc., that we had damaged their reputations and needed to be punished to the tune of $100,000 by way of exemplary damages,  And this isn`t over yet.

CBC National News has picked up the story which will broadcast this evening on the national network.  The following is a transcript of what the CBC will run.

Rural Ontario residents fear contents of soil dumped near their properties

Anger over some landowners accepting millions of dollars worth of soil dug up in Toronto

Jun 10, 2014 11:43 AM ET

Marnie Luke, CBC News

Residents living in rural communities near Toronto are demanding to know what’s in the thousands of truckloads of soil being dumped on property near them. 

Heavy equipment - View from Kitchen window June 15, 2013Barbara Sheldon’s farmland is located on the edge of Burlington, Ont., and is now walled in by a three-storey berm of dirt brought in by her neighbour, who owns the small  Burlington Executive Airport next door.

She is worried about what might be in the muddy mix.

“We’re sitting ducks waiting for the contaminants to leach,” she said.

Sheldon told CBC’s Diana Swain that anyone in the country could face the same problem.

“They could lose everything. That is what happened to me. I lost everything,” she said.

“I’ve lost my property value. For five years I’ve lost the use of my land, I’ve lost the use of my home. I mean, from sun up to sun down and sometimes at night and on weekends we’re talking back-up beepers, we’re talking about dump trucks surrounding me,” Sheldon said.

Need for places to dump dirt will increase

Rural residents are angry that some landowners are taking in millions of dollars worth of soil dug up from Toronto-area construction sites with little oversight. The City of Toronto estimates nearly four million cubic metres of soil will be dug up in the next 10 years for Toronto water and transit projects alone.

With more and more soil being displaced to make room for condos, transit, Pan Am Games venues and other urban development projects, the need for places to dump that dirt is only going to increase.  

Some municipalities have bylaws about using private property for landfill, but rules around soil testing and the amount of dirt that can be dumped are muddy.  

Ontario environmental commissioner Gord Miller said it’s time for tougher rules as well as clarification on who has jurisdiction.

“We don’t have security on piles, on areas where we know there is contaminated soil … and it can be removed and sort of mixed in and how would we know? So there is legitimate concern when large volumes of soil are being deposited in rural areas with very little checking,” he said.

‘Disingenuously raising concerns’

Sheldon said every level of government she contacted for help since the dumping began five years ago said it wasn’t their responsibility.

Sheldon interview scene 1Court documents obtained by CBC News show Vince Rossi, owner of the Burlington Executive Airport, earned more than $855,000 accepting fill at the Burlington airport between the years 2011 to 2013.

In a statement to CBC News, Rossi accused his neighbours of “disingenuously raising environmental concerns.”

Rossi said the Ministry of the Environment has not found a problem with the fill he is using.

He also said that municipal bylaws don’t apply to his property.

“As for the issue of jurisdiction, our view is that only Transport Canada has a say over the nation’s airports,” he wrote.

The City of Burlington took the airport to court last year and got the dumping stopped. An appeal of that decision will be heard on June 11.

Similar disputes are playing out in other rural communities, like New Tecumseth in Simcoe County, which sits on the environmentally protected Oak Ridges Moraine about an hour north of Toronto.

A caravan of trucks began dumping dirt on the local air strip there four years ago, and concerned residents say they haven’t been able to get answers about what’s in the soil or the potential impact to well water.

Voluntary guidelines

Ontario’s Ministry of the Environment issued voluntary industry guidelines last year on testing and disposing of soil. But a report by the City of Toronto’s chief planner raises concerns that the guidelines do not deal with excess soil moved across jurisdictional boundaries.

“As a result, there continues to be a policy and regulatory gap in this area,” the report says.

Concerned citizens and environmental groups have formed the Ontario Soil Regulation Task Force, and are calling on the province to create an enforceable Clean Soil Act.

“That fill has to go somewhere. Somebody’s going to find a place for it, because it’s got money attached to it,” Sheldon said. “Until that money is removed from the fill, they should charge people. You want to put it here? OK, you pay us, developers. The whole system’s broken from the start.” 

Miller, Ontario’s environmental commissioner, said to tackle the problem, you have to start at the source.

“The people who dig the holes should be responsible cradle to grave to making sure that soil is not only going somewhere where it’s safe, but somewhere where it’s wanted, and deposited in a manner that’s acceptable to the receiving municipality and the local residents,” Miller said.

The CBC is understood to be planning a series of television features on the problem.  The natives north of Dundas will be beating their drums wildly tonight as they prepare for the appeal hearing tomorrow.

 

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The rule of law will prevail at Osgoode Hall on Tuesday – it will be a welcome sight for the citizens of Burlington.

BackgrounderBy Pepper Parr

June10,  2014

BURLINGTON, ON  The structure is majestic.  The hallways are grand; the court rooms ooze of power and authority.  The library is magnificent.  Within the volumes on the shelves is the legal foundation of the province; the decisions the courts have issued which define us as a society that lives by the rule of law that is applied to everyone equally.

Osgoode Hall from Queen Street

View of Osgoode Hal;l from Queen Street West

The building was named to honour of the province’s first chief justice, William Osgoode

It is here that maybe 20 or so people from Burlington will travel Tuesday morning to hear Ian Blue, QC argue the city’s side of an appeal made by Burlington Air Park Inc., against Justice John Murray’s earlier decision that the air park did have to comply with city bylaws, specifically the site alteration bylaw.

The six-acre (24,000 m²) site at the corner of Lot Street (Queen Street West today) and College Avenue (University Avenue today) was acquired by the Law Society in 1828.   The original 2 1⁄2-storey building was started in 1829 and finished in 1832 from a design by John Ewart and W. W. Baldwin.

Between 1838 and 1843, the hall was turned into troop barracks. When the Law Society regained possession in 1844, an expansion was designed by Henry Bowyer Lane; the West Wing and Library were built, with two domes (later removed) over the library to connect the two wings.[5] In 1846 the Law Society entered into an agreement with the government to house the province’s Superior Court at the hall.   Today, the building is jointly owned by the Law Society and the Government of Ontario.

Osgoode hall - law library

Main law library – there is another reserved for judges.

Osgoode wrought iron gates

The belief once was that the wrought iron gates were put in place to keep cattle off the grounds. Not so – but the grounds are truly something to appreciate.

Two libraries are housed within Osgoode Hall: the Great Library of the Law Society of Upper Canada and a smaller library for judges. The Great Library was designed by Cumberland and Storm (1857–1860) and features an ornate plaster ceiling, cork floors, and etched glass windows. A War Memorial by Frances Norma Loring (1887–1968), sculpted in 1928, was added to the Library in honor of Ontario lawyers and law students killed during the First World War. Behind the Great Library (and accessible through it) is the American Room, designed by Burke and Horwood in 1895, a more intimate room with a spiral staircase.

Osgoode - 5 judge panel

A five judge appeal court panel. Ian Blue and Peter E. J. Wells will argue their case before a three member panel. There is the belief in the minds of some that this case will be appealed to the Supreme Court of Canada

For those able to make the trip, I am reluctantly not with that crowd today, soak up the splendour of the setting and the history that literally pervades the walls and know that you are in a building where the rule of law prevails.

Be prepared for an experience.

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