By Pepper Parr
September 27, 2014
BURLINGTON, ON
The Air Park is the most important issue in ward six however it really didn`t get the debate it needed. As publisher of the Gazette I did not choose the questions the panelists asked. I did choose the panelists.
An early photograph of the Airpark property. There are now two runways and a lot more landfill now than there was when this picture was taken. The lines indicate the extent of the Air Park holdings.
The Air Park is not just ward six issue – it is a city wide issue – what happens to that land and that operation will define for a long, long time what rural Burlington looks like in the years ahead.
Our task is not to decide the issues but to help in defining what the issues are. We have some very active (and opinionated readers in whom we delight) who take part in this process.
We got the following from a resident:
I’m a resident of Ward 6, and I was at the debate the other night. One issue I thought might come up was one that has previously been raised by Ms. Hlusko concerning Ms. Warren’s potential conflict of interest regarding the Airpark. Since she has stated in the past that Airpark expansion would negatively impact her equestrian business, there does seem to be a real possibility that she would have to recuse herself from discussion of any airpark expansion plans. It would indeed be ironic if she were elected to council, but was then unable to participate in the issue that brought her to local prominence in the first place.
Do you know if Ms. Warren has ever addressed this issue? I think those who support her with the thought that she would be their champion on the airpark issue should get some clarification on whether her role would be restricted.
Tonnes of landfill were dumped on the Air Park property without the required permits. The public does not know where much of that land fill came from. The Air Park owners claimed they were regulated by the federal government and did not have to comply with municipal bylaws, Justice Murphy said they were wrong and that they did have to comply with city bylaws. How they comply is what your council is going to decide.
We asked Ms Warren to respond and she sent the following:
A Buttonville-like expansion of the Burlington Airpark would negatively affect everyone living in Burlington, including my home and farming operation. The 5 year unregulated fill operation that I fought through the Rural Burlington Greenbelt Coalition and the Ontario Soil Regulation Task Force negatively affected numerous families and properties in Ward 6, and may yet effect all of us if the fill is left untested.
Every decision a City Councillor makes also effects them personally as a resident of this City; what they may not do is have a pecuniary interest in the outcome of a decision. I will in no way financially benefit from a Burlington Airpark that is environmentally safe, or that remains feasible within the context of the Greenbelt Protected Countryside that it has operated on for the last 60 years.
As Ward 6 Councillor, I would never recuse myself from anything to do with the Burlington Airpark, and I would continue to advocate for environmental and social justice on this file. Jennifer Hlusko is plain wrong on this one.
There you have it – two opinions. You now have to think about what you want your Burlington to look like. We would like to add this: the Air Park would not be the issue it is had Ms Warren not brought it to public attention.
And you might want to ask why Vince Rossi is suing Ms Warren (and the publisher of the Gazette) for libel.
Salt with Pepper is a column written from time to time by Pepper Parr the publisher of the Gazette
This COI argument has been raised against another candidate in another ward as well. In both cases, I believe that it is a weak and transparent attempt to diminish the stature of a superior spokesperson. As such, it is more a product of desperation than it is of social conscience. Pick your best representative on the 27th and everything else will fall into line.
I am on record with this publication as well as others that I will fight to stop an expansion of the Airpark. And yes, if elected, I will fight for and with the good people of north Burlington and their private land rights at every single turn.
While Ms. Warren (whom I have a great deal of time and respect for) may not “benefit financially” she could stand to lose financially in terms of potential plummeting land value. Thereby, it could be deemed to be a “pecuniary interest”. I’m no lawyer though.
Pecuniary
(adjective)
1. of or involving money
2. involving a money penalty, or fine: a pecuniary offense
https://www.burlington.ca/clerks/by-laws/html/80-2012.htm
19. DISCLOSURE OF PECUNIARY INTEREST
19.1 Where a Member, either on his own behalf or while acting for, by, with and/or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Council or Standing Committee at which the matter is the subject of consideration, the member shall:
a) prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof.
b)not take part in the discussion of or vote on any question with respect to the matter, except when such interest is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member.
c)not attempt in any way before, during and/or after the meeting to influence the voting on any such question.
19.2 Where a meeting is not open to the public, in addition to complying with the requirements, the Member shall forthwith leave the meeting for the part of the meeting during which the matter is under consideration.
19.3 Where the interest of a Member has not been disclosed by reason of his absence from the particular meeting, the Member shall disclose his interest and otherwise comply at the first meeting of Council or Standing Committee, as the case may be, attended by him after the particular meeting.
19.4 The Clerk shall record the particulars of any disclosure of pecuniary interest made by members of Council or Committees, as the case may be, and any such record shall appear in the minutes of that particular meeting.
19.5 Where the number of members disabled from participating in a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, then the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two.
19.6 A Member may declare an affiliation or personal interest in any item before Committee or Council which is not pecuniary in nature, and such declaration will not preclude the Member from participating in debate nor voting on the item.
https://cms.burlington.ca/AssetFactory.aspx?did=12235
Conflicts of Interest:
An employee will be considered to have a conflict of interest where he or
she or a member of his or her family has a direct or indirect financial
interest in a contract or proposed contract with the City, and where the
employee could influence the decision made by the City with respect to
the contract. A conflict exists where the employee could directly influence the decision made in the course of performing his job duties, and also where he could indirectly influence the decision through exerting personal influence over the decision-maker.
If a potential conflict exists because of an employee’s personal or family interest in a property matter, a business dealing with the City, or similar circumstance, the employee must advise his or her supervisor of the situation, in writing, and the supervisor will then make appropriate alternative arrangements to handle the matter. The Director should notify the Human Resources Department of any serious matters. The Director may in his or her discretion decide that the potential for conflict is not substantial enough to prevent an employee’s continued involvement in the matter.
Employees shall not sell goods, materials or services to the City. An
exception may be made, with the approval of the City Manager, to secure
services from an employee outside of regular hours of employment on a
fee for service basis, provided the opportunity is made available on an
equal basis to other persons and the amount of the payment for such
services is modest.
Employees should not engage in private employment or render services
for any person or corporation which has or may have business dealings
with the City of Burlington. Where an employee is or becomes involved in
such private employment, his or her Director must be informed and the
Director can allow the employee to continue with the activities in question,or prohibit any further involvement.
Employees should recognize that they are seen to exert influence on public policy decisions, or to have positions requiring neutrality and trust in dealing with the public. Where an employee wishes to exercise his or her rights as a citizen in respect of a matter that requires a Council decision or an administrative decision by the appropriate staff, their intentions and appropriate measures to protect the integrity of the Corporation shall be discussed first with their Director.