 By Pepper Parr
July 9th, 2020
BURLINGTON, ON
In her A Better Burlington newsletter Mayor Marianne Meed Ward said: “We received great news from the Province today giving municipal councils the ability to meet electronically and allow proxy votes, allowing court proceedings to be conducted electronically and other measures that will now be permanent post-COVID-19.”
Meeting virtually has limited public participation in the proceedings of council significantly which seems to be acceptable to the current council.
The balance of her newsletter is set out below.
 Mayor Marianne Meed Ward at a Council meeting. “I had the privilege today of joining mayors across Ontario on a conference call with Premier Doug Ford and the Hon. Steve Clark, Minister of Municipal Affairs and Housing, to hear directly from them about the changes, and additional measures outlined in the COVID-19 Economic Recovery Act.
“These were also outlined in a letter sent to heads of council (Minister’s Letter – COVID-19 Economic Recovery Act – 8 July 2020), and a media release available here.
“Last week, the Halton Regional Chair, on behalf of the four mayors and municipalities of Halton, wrote to the Premier to ask for these changes to be made permanent. To read that letter, click here: Halton Region Chair Letter to Premier re Virtual Meetings – June 29 2020.
“Halton municipalities have been holding virtual meetings throughout the pandemic with great success to conduct the business of our municipalities while continuing to serve our residents and provide opportunities for important public input.
“The Province heard us.
“We are still going through the legislation that covers a range of matters on development, economic recovery, and changes to the community benefits charges. Some of these include changes to the existing Minister’s zoning order to provide more certainty when fast-tracking the development of transit-oriented communities; making it faster to update and harmonize the Building Code so that we can break down interprovincial trade barriers; and permanently establishing the office of the Provincial Land and Development Facilitator to help solve complex land-use issues.
“My team and city staff are still going through the legislation and we’ll provide more details in the coming days, but what we’ve reviewed so far shows the Province has listened to mayors and municipal councils and made positive steps forward.
“This is great news, and I would personally like to thank Premier Ford and Minister Clark for consulting with us, listening and making changes.
“Today’s announcement is important in ensuring the safety of members of Councils, staff and the public while we continue our business of serving our communities.”
 By Pepper Parr
June 20th, 2020
BURLINGTON, ON
We received the following over the weekend.
We removed the name of both the writer and the organization that she was writing about.
“Please investigate xxxxxx reak estate Burlington disrupting established neighbourhoods, intimidating residents and building huge two story houses with six foot wooden fences over looking smaller one story homes, planting “neighbours” working as real estate agents living in old neighbourhoods. This company is invasive and needs to stop its present activity.
“Can Burlington Gazette research the above to see who and the corporation in Burlington is allowing the above to take place. How can a resident once again take control of private property. I said no to the six foot fence but the owner builder went ahead anyway! I want to have a neighbour(s)!!! There is no privacy in my back yard or my house because this new two story house is so close.
“Do not use my name, my email address or any identifying indication of this writer in your online write-ups or published articles.”
This is not Burlington at its best.
There is nothing to investigate but there is a citizen who doesn’t have the courage of her convictions. We get several of these a week. There are readers who don’t understand what media does and doesn’t do.
 By Pepper Parr
June 3rd,2020
BURLINGTON, ON
More grief in store of those who depend on or live near New Street.
The final phase of the renewal of the street – from Walkers Line to Burloak where resurfacing is to be completed.
The City of Burlington is making improvements to New Street as well as Shane Court, Patrick Place and Bower Court.
The work to be done is extensive. All the details are set out below.
 New Street west of Walkers Line was done more than a year ago. The biggest concern for many might be the disruption to home internet or telephone service which may occur. The city is aware of the heightened concern with respect to families who are working from home and has raised this concern with utility companies and their need to react quickly to disabled services. Our goal is to have affected internet connections repaired by the utility companies within 24hrs of an issue occurring. The contractor typically contacts the utility company, however if you lose service, please feel free to contact us.
The City of Burlington and Halton Region are working with the contractors to make sure this work is done in a safe and timely way.
This construction site is managed by Associated Paving Ltd (APL). It is APL’s Health and Safety Policies and Procedures that will govern the job site. City of Burlington staff, Halton Region staff and all other consultants that go to the project site will follow APL’s policies for onsite health and safety.
Project Contacts
Inquiry/Concern Contact Contact/Road construction inquiries
Jason Forde
Construction Inspector
905-220-6682
jason.forde@burlington.ca
All other inquiries
Marc Daffre
Contract Administrator
289-208-2606
marc.daffre@burlington.ca
June 2020 Project Scope
New Street – Walkers Line to Burloak Drive
• Resurfacing
• Base repairs as required
• Curb and sidewalk repairs as required
• Bus stop landing pad improvements
• Minor drainage improvements
• Pavement markings
New Street at Walkers Line (in addition to the above noted works)
• Pedestrian accessibility improvements
• Remove traffic island north east corner
• Renew traffic signal
New Street at Longmoor (in addition to the above noted works)
• Widen Longmoor Drive to accommodate right turn lane
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street at Belvenia Road (in addition to the above noted works)
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street at Shoreacres Road (in addition to the above noted works)
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street at Appleby Line (in addition to the above noted works)
• Full depth asphalt replacement
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street at Timber Lane (in addition to the above noted works)
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street at Adams Street (in addition to the above noted works)
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street west of Wedgewood Drive (in addition to the above noted works)
• New Street widening to extend centre turn lane
New Street at Hampton Heath Boulevard (in addition to the above noted works)
• New Street widening to create centre turn lane
• Pedestrian accessibility improvements
• Minor traffic signal improvements
New Street at Amanda Crescent (in addition to the above noted works)
• New Street widening to create centre turn lane
New Street at Burloak Drive (in addition to the above noted works)
• Pedestrian accessibility improvements
Shane Court
• Full depth asphalt replacement
• Curb repairs as required
• Minor drainage improvements
Patrick Place and Bower Court
• Asphalt resurfacing
• Curb repairs as required
• Minor drainage improvements
Project Schedule and Temporary Lane Restrictions
Construction Start: May 2020
Construction Completion: November 2020
New Street works including the road widenings, curb and sidewalk repairs as well traffic signal improvements will be completed weekdays during daytime hours. The removal and replacement of the asphalt surface on New Street will be completed at night.
Work on Shane Court, Patrick Place and Bower Court will be completed weekdays during daytime hours.
The roadworks will progress from east to west over the project duration.
Traffic signal work will be completed in advance of the roadworks.
Single lane restrictions will be in place in the area of the active work.
Sidewalks will be closed where work is being undertaken.
Access to Businesses
Vehicle access to and from businesses will be maintained. Where a business has two driveways, one may be closed temporarily when work is being carried out in the immediate area.
Access to Your Residence
Vehicle access to and from your residence may be affected during normal construction hours, Monday to Friday, 7 a.m. to 7 p.m. Driveways will be temporarily closed when work is being carried out in the immediate area.
Burlington Transit
This project will include upgrading most of the bus stops between Walkers Line and Burloak Drive.
During the construction, Routes 4, 10 and 25 will be impacted with possible delays and stops may be temporarily inaccessible or moved. Signage will be installed at all affected bus stops.
Lawn Irrigation System
If you have a lawn irrigation system where a curb and sidewalk are to be replaced, please disconnect and remove any sprinkler heads within the City’s road allowance. Please flag all other irrigation heads.
Vibration
You may experience some minor vibration in your home during construction. We recommend you remove small, light objects from shelving in your house.
Waste Collection
Please continue to put your garbage and recycling out on the usual day. It is the contractor’s responsibility to move your bags and containers to a location that can be reached by the waste collection vehicles and return your containers. To help the contractor, please mark your house numbers on your garbage cans and recycling bins.
For more information, please contact:
Bob Jurk, C.E.T.
Senior Project Manager, Design and Construction
Capital Works Department
905-335-7600, ext. 7682
bob.jurk@burlington.ca
By Staff
April 14th, 2020
BURLINGTON, ON
Community Development Halton announces the appointment of a new Executive Director.
 “After a thorough and rigorous search process the Board of Directors of Community Development Halton announced that Michael Nixon will become the Executive Director, effective immediately.
 Mike Nixon: newly appointed Executive Director of Community Development Halton. “Nixon is a Halton resident and brings significant business experience and community knowledge.
“Nixon will take over from the recently retired Dr. Joey Edwardh.
“A business entrepreneur during the past couple of years, Mike comes to us from the Canadian Chamber of Commerce. A 30-year veteran of the non-profit sector, Mike holds a BA from McMaster University and has served on several Boards of Directors. He brings a high level of corporate interaction as well as fundraising and donor relations experience.
“Nixon is a highly experienced, successful and well-regarded business leader. He will provide leadership to the organization, oversee program management, community relations, financial planning and management, and support to the board of directors. Mike will serve as the main public contact and spokesperson for the organization and represent the company and all professional business capacities.
“Nixon and his wife, Cindy, have been married for almost 35 years and are the proud parents of two daughters. He is an avid golfer and home renovator and at home has a passion for baking. He and his family have long supported Halton Children’s Aid through the fostering of several babies over the years.
“Over the coming weeks Nixon will be connecting with major stakeholders and officials throughout the Region to introduce himself and to better understand their needs and concerns”.
“Nixon can be reached via email at mnixon@cdhalton.ca or by phone at 905-632-1975, or toll-free at 1-855-395-8807.”
Community Development HAlton is funded by the Region of Halton and the Hamilton-Halton United Way. It has a staff of about seven; some of whom have been laid off during the COVID-19 State of Emergency.
By Pepper Parr
March 31st, 2020
BURLINGTON, ON
We are in perilous times and will have to, on occasion, make important and immediate decisions.
There is nothing easy about any of this.
A short short video clip on how best to approach these situations is HERE
The production values are not all that good but the message is clear.
Please share this information.
By Staff
March 19th, 2020
BURLINGTON, ON
Correction. There were two COVID19 deaths in Ontario; one of which was in Milton
Dr. Hamidah Meghani, Medical Officer of Health, Halton Region and Dr. Neil Rau, Medical Director, Infection Prevention and Control, Halton Healthcare met with media at 1:30 this afternoon to expand on the second COVID-19 related death in Ontario.”
 Dr. Hamidah Meghani, Medical Officer of Health, Halton Region They took questions from the media – the questions the Gazette submitted were not given to the MoH.
When Dr. Hamidah Meghani was appointed as Medical Officer of Health she said it was the job of a life time. She may not be saying that today. These are what can only be described as very difficult circumstances under which Dr Meghani does her best.
When she spoke this morning she was at the podium all by herself for the most part – not a politician in sight.
She was supported by Dr. Neil Rau, Medical Director, Infection Prevention and Control, Halton and a communications staff person who did the introductions.
 Dr.Hamidah Meghani, Medical Officer of Health, Halton Region, standing at the podium by herself – not a politician in sight. Dr. Meghani announced that Halton Region Public Health had been notified of a death related to COVID-19. The individual, a man in his 50s, is the second COVID-19 related death in Ontario.”
The man had an underlying health condition and was being treated first at the Milton District Hospital and then transferred to the Oakville hospital where he died shortly after arriving.
“This is the tragic proof that we need to work together as a community to help stop the spread of COVID-19 by practicing social distancing and taking action to protect yourself and those around you,” said Dr. Hamidah Meghani, Halton Region’s Medical Officer of Health. “This is a larger community issue and I know that everyone joins me in extending their deepest condolences to his family at this time.”
“Halton Healthcare extends our sincere condolences to the family and our thoughts are with them at this time,” said Dr. Neil Rau, Medical Director, Infection Prevention and Control, Halton Healthcare. “We want to reassure our communities that all of our infection, prevention and control policies and procedures were followed during this patient’s stay, consistent with the clinical presentation.”
 Dr.Meghani said “we have one shot” at this and later added that it was her belief this most recent death was the result of contact with someone in the community. The deceased had not traveled outside the country and was not known to have interacted with anyone who was self isolating. The virus is now amongst us.
Dr.Meghani explained that the necessary follow up investigation work is being done to learn who the deceased met with in the last couple of weeks. “These investigations take time” she said.
Dr. Meghani said this is not the time for dinner parties or for play dates for children. The time to hunker down and stay at home is now.
Halton Region Public Health urges residents to take every precaution to stop the spread of COVID-19 and help protect the health of the community, especially those most at risk. The best way to prevent the spread of respiratory viruses, including COVID-19 is to practice social distancing and:
• stay home when ill;
• cover coughs and sneezes with a tissue or sleeve;
• wash hands with soap and water or with alcohol-based hand rub;
• clean and disinfect objects and surfaces;
• do your best to keep at least two metres away from others; and
• if you are able, avoid all non-essential activity recommended and declared by the province.
 Keep a six foot distance between others whenever you can. Halton Region Public Health continues to focus on those most at risk of COVID-19. Our current priority is to hear from these groups only:
• health care providers seeking or reporting information;
• those living or working in a healthcare setting or institution and experiencing symptoms of COVID-19; or
• those who have been in close contact with a confirmed case of COVID-19.
If you have severe symptoms, please call 9-1-1 immediately.
Residents are encouraged to stay informed by regularly reviewing credible sources of information. To get the latest information on cases in Ontario and to learn more about how the province continues to protect Ontarians from COVID-19, please visit ontario.ca/coronavirus.
For more information on COVID-19 including confirmed cases in Halton, symptoms, risks and when to contact Halton Region Public Health, please visit halton.ca/COVID19.
By Pepper Parr
March 5th, 2020
BURLINGTON, ON
In the summer the Tottering Biped Theatre (TBT) creates contemporary, highly physical interpretations of Shakespeare. Since 2016, TBT has presented original takes on Shakespeare at the beautiful Rock Gardens of the Royal Botanical Gardens.
 The cool of a summer evening at the RBG Rock Garden watching a Shakespeare production. The team descends on the Gardens each August to present the contemporary issues they care about with flair to the words of the immortal Bard, marrying the traditional with the issues of today to inspire reflection, new perspectives, and change.
Founded in 2009 as a social justice inspired Theatre Company, they devise contemporary pieces through a workshop process spanning several years to create highly physical works of artistic excellence during the Fall/Winter.
They define their mandate as promoting conscious evolution through Theatre, emphasizing themes of social justice; their works have addressed poverty, Israeli-Palestinian relations, same sex marriage, violence against women, and mental health.
Unfortunately, the RBG has decided not to present the TBT work again after four years of collaboration and despite having the largest audience yet in 2019, so TBT found a new home it will be Shakespeare at the Castle – Dundurn Castle in Hamilton, Ontario.
“There are some things about this change that are incredibly exciting”, said Trevor Copp, Director of TBT. “This shift will radically improve our accessibility. We have always wanted to offer ‘pay what you can’ tickets, but the RBG dictated ticket prices, making this impossible.
 Dundurn Castle will be the new home for the Shakespeare program – more space is one of the advantages. With Shakespeare at the Castle, we will finally be able to make all tickets ‘pay what you can’ so that more people can get in and get their Shakespeare on!
“We will also now be much closer to downtown Hamilton at a location that is much more accessible by public transportation, again allowing more people to enjoy our shows and receive the benefits of the arts.
“We will also now have more artistic control over the work and be able to fully embrace our own Hamilton aesthetic while pursuing our goal of getting living wages into the hands of emerging professional artists in our area.”
 Trevor Copp watching a rehearsal. Trevor Copp has put a brave face on a terribly disappointing decision on the part of RBG. They are going to need some help to make this work.
For those who love Shakespeare and delight in the spin that TBT gives some of the memorable productions; you will see them again – this time with a Hamilton-centric spin, no doubt.
Copps set out the situation is crystal clear language: What We Need & What You Get.
“If we can raise the money to pay our artists this year, we can save the money we raise in ticket sales and put that towards next year’s budget. So, if we can get this money together one time, we will be able to sustainably carry on this project in subsequent seasons.”
“You can help make the transformation possible – Contribute here!
“Our goal is to make this a legacy series for Hamilton and the surrounding region, and this is the make or break year that will decide if that happens.
 Rehearsals for the Merchant of Venice “No amount is too small. Please consider contributing to this fantastic project!
 Michael Harrigan in Merchant of Venice – rehearsal This isn’t just about money. TBT’s take on Mid-summer Night’s Dream was something you will never see again.
Their production of Romeo and Juliet was different yet superb. They did Macbeth and Twelfth Night as well. Nothing shabby about any of them. This was theatre worth watching.
Keep an eye on how they are doing financially – and get on the band wagon.
Got Your Back $10-$99):
A social media shout out for the love! You logged in, filled it all out, and did what you could! It makes such a difference to us!
Patron Sponsor ($100-$499):
Recognition by name on our website and in our Shakespeare at the Castle programs.
Bronze Sponsor ($500-$999):
Above benefits + A poster signed by the cast and a full cast/crew “Thank You” photo
Silver Sponsor ($1K -$2.4K):
Above benefits + Pair of tickets for our dress rehearsal and Q&A talkback and photo op with the cast and director of Shakespeare at the Castle.
Gold Sponsor ($2.5K-$4.9K):
All above benefits +
– If you want to be the slick silent partner type, you get a coffee with one of our cast members before the show to learn about their experience and ask any questions you want!
OR
– If you want to shout it out, a 3-foot sign with your name or company name/logo will be displayed at the Dundurn Castle performances throughout the run + a quarter-page ad or your personal message/dedication in our program.
Platinum Sponsor ($5K-$9.9K):
How do you tell these actors that you want them to be on the stage next summer and for years after? Do something now.Contribute
 By Pepper Parr
February 6th, 2020
BURLINGTON, ON
The only tool that matters for anyone serving the public is the ability to communicate – for those who are elected to serve the public the ability to communicate and do it well is critical.
 Much of our communication is done electronically. Email has taken the place of writing a letter.
How this electronic messaging is managed has become a serious issue for both the people sending the message and those getting the message.
City staff and members of council are being overwhelmed with email.
 Ward 2 Councillor Lisa Kearns on the day she was sworn in. This past year, an audit was conducted on the progress of a new system designed to quickly and efficiently address service requests to the city, including the Councillors’ Offices. While this system is intended to work for us, there have been some limitations that are now identified.
In a report to her constituents Ward 2 Councillor Lisa Kearns said the “report tells us that the successful outcome of the Customer Relationship Management (CRM) implementation depends on 100% adoption, usage, and proficiency in the new system.
“Each of these human factors have a direct correlation to the expected benefits from this project. At its current implementation point, the first phase has not delivered the intended benefits and has resulted in a pause to address the model and other initiatives to achieve the Service Brilliance Strategy.”
Kearns adds: “The Councillor offices were the first department to go live with this new technology – if you have emailed Ward2@Burlington.ca, then your request was entered into the CRM system, a case was created, and sent directly to the appropriate department to resolve. It is important to have issues resolved and to have a direct line of communication with your Councillor.
 Lisa Kearns speaking to her constituents. She is great with the one line zingers. “I am not always aware of requests through CRM, nor do I have complete access to the system to see what issues are happening. I received many follow ups asking when or if an issue was resolved and some issues took multiple requests to find out the status. We know that when you take the time to contact your city representative, you deserve the respect to have an answer – we can do better on this and are working on improvements.”
If anything Kearns is proactive. She has said that the following are essentials steps that have to be taken.
• Improved email management across accounts with response acknowledgement.
• I will be re-booting my website www.LisaKearnsWard2.ca to deliver real time information and insight on what’s happening.
• A new social media strategy has been developed to get ahead of broader community issues.
• Newsletters will continue well in advance of Committee Meetings so you can have your say on what’s important.
• Community Update Meetings will continue in 2020 so you can hear and learn about the latest with an open Q&A to follow.
• A new video based approach to give you quick & easy updates on issue or site specific interests.
Kearns wants any ideas you might have.
With a new city Clerk hired and showing up for work in the 18th, current city Clerk Angela Morgan moves in to the Executive Lead-Customer Service for the CRM system now in place.
Many, including the Gazette, wondered if Morgan was the right choice to lead the city into a better way of communicating. Change takes place when the leadership brings an approach and a skill set that aligns with the people who are supposed to benefit from the change.
 City Clerk Angela Morgan Morgan has not always been a champion of a citizen’s need for information. Her interpretation of the rules and the way she chose to implement them has often been suspect.
Several past incidents to make the point.
In 2014, when Rick Goldring was Mayor and running for re-election, he decided to take part in a world-wide environmental issue that had leading public officials from cities around the world meeting with the public.
 City Clerk forced Mayor Goldring to hold his event on a city sidewalk – wasn’t allowed to use the Gazebo at Spencer Smith Park Goldring had planned to use the old Gazebo in Spencer Smith Park as the platform from which he could speak.
Nope, said city Clerk Morgan; that is city property and you can’t use it with an election going on.
Goldring was representing the city on a world level issue – doing his job rather well on the issue. He ended up talking to people on a street corner outside a coffee shop.
Goldring should have told the Clerk she was offside and held his event.
When Marianne Meed Ward was running for re-election in 2014 she rented space at the Art Gallery for an election event. That was permitted – but she was told her team could not wear their election T shirts anywhere else in the Art Gallery other than the space they had rented. Getting to the washrooms became a problem
 The Meed Ward fridge magnet In the 2018 election there was a lot of fussing about how personal vehicles could be used for election purposes. Meed Ward came up with the idea of providing people with small fridge magnets they could place on their cars.
Nope said the city Clerk Morgan; that would be classified as vehicle advertising – the magnets were 5 x 5 inches in size.
 City Clerk Angela Morgan signing the 2010 election returns. Dealing with the public as a civil servant requires a finely-tuned skill set. The people at city hall are not police officers; they are there to help people; to explain what can be done and to help people get things done.
Overseeing and implementing a CRM (Customer Relations Management) system) requires a mindset quite different than we have seen from Morgan in the ten years we have followed her career at city hall.
 By Staff
January 30th, 2020
BURLINGTON, ON
 Wow!
The words were barely out of her mouth and then there they were – in the land of tweets.
These appeared in the Mayor’s tweet account during the Special City Council meeting that took place after her State of the City address earlier in the day.
Mayor Marianne Meed Ward had her Media and Digital Communications Specialist gathering what the Mayor had to say and sending them out to her twitter followers – the volume ranked right up there with the president of the United States – and look where THAT got THEM.
Here is a portion of the content.
 • For clarity, any policies that reference growth in the MTSA’s should also include reference to the overall MTSA typology which differentiates the characteristics between downtown and the GO station MTSA’s
Direct the Executive Director of Community Planning, Regulation and Mobility to consider the following modification to the proposed Official Plan Amendment:
Approve the proposed Zoning Bylaw Amendment as amended attached in Appendix E (https://burlingtonpublishing.escribemeetings.com/filestream.ashx?DocumentId=38757
) to supplementary staff memo dated Jan. 30, 2020 to community planning report PL-01-20; and
Approve the proposed Official Plan Amendment as amended attached in Appendix D (https://burlingtonpublishing.escribemeetings.com/filestream.ashx?DocumentId=38756
) to supplementary staff memo dated Jan. 30, 2020 to community planning report PL-01-20; and
3/8
 As the Mayor speaks her words are captured and sent out as short tweet bursts of data. Receive the Interim Control Bylaw Land Use Study report prepared by Dillon Consulting as amended and attached as Appendix B (https://burlingtonpublishing.escribemeetings.com/filestream.ashx?DocumentId=38753
) to supplementary staff memo dated Jan. 30, 2020 to community planning department report PL-01-20; and
The motion on the floor for vote follows:
Deem that no further notice is required in respect of the proposed Zoning Bylaw Amendment in accordance with Sect. 34 (17) of the Planning Act concerning a change to a proposed bylaw made after the holding of the public meeting; and 1/8
“… This is merely another step we are taking in this process and we have a lot of miles still to go.” 5/5
“… We saw from the consultant’s report our downtown bus terminal doesn’t function as an MTSA like our Burlington GO station & it won’t, no matter how many transit upgrades occur. This is a transit-friendly council & we will continue improving transportation in our downtown. 4/5
“… That’s our next step, and the consultant’s report positions us with solid planning rationale for these conversations with the Region and Province… 3/5
“… These policies will help us better manage growth in the downtown. There is also an outstanding staff direction to review the appropriateness of the downtown’s Major Transit Station Area & Urban Growth Centre designations at the end of the ICBL/OP review studies…. 2/5
Mayor Meed Ward comments: “This is a really historic moment and I want to thank staff, Council, all members of our community and the consultant. This is a significant milestone for the City in getting a community vision for our downtown & controlling overdevelopment… 1/5
Here is a link to a copy of the ICBL Land Use Study done by Dillon Consulting and revised January 2020: https://burlingtonpublishing.escribemeetings.com/filestream.ash
This is a classic example of what is wrong with the tweet world – no context, just a collection of phrases thrown up into the air hoping they will land somewhere.
Responsible, public leadership meets with media regularly to answer not just questions but follow up questions and is available for clarification. Burlington doesn’t have that level of municipal political leadership.
Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.
 By Pepper Parr
December 23rd, 2019
BURLINGTON, ON
Getting your name in the news.
The Burlington Foundation last week announced the establishment of the Pasquale (Pat) and Anita Paletta Foundation Fund through a generous gift of $500,000.
Recently unveiled at Burlington Foundation’s 20th anniversary celebration, the gift was announced by businessman and philanthropist Angelo Paletta on behalf of the Paletta family. Honoured as Burlington’s 2019 Distinguished Philanthropist, Angelo was joined by family members including mother Anita, and brothers Michael, Paul and Remi as together, they also shared in receiving a posthumous honour awarded to their family patriarch, Pasquale (Pat) Paletta, for his lifetime of community giving.
The Paletta family’s generosity to community has been evident since the early 1970’s. Since immigrating to Canada in 1949, the Paletta family have established many successful business enterprises across meat packing, real estate development and the entertainment industry, achieving local and national success. Through their achievements, the Paletta family have demonstrated a generous commitment to many local charitable needs and causes including notable contributions to Joseph Brant Hospital, Carpenter Hospice, Paletta Lakefront Park and Mansion, and the Tansley Woods Community Centre.
 The Paletta Family at the Burlington Foundation event honouring the $500,000 Leadership endowment. “By establishing this foundation fund, we’re proud to honour the long-term commitment of giving generously to the community in which we live and work, that has been modelled by my father and mother,” says Angelo Paletta. “Through partnering with Burlington Foundation to establish this endowment, we are thrilled that our family’s community legacy will continue to grow for generations beyond.”
“It is an honour for Burlington Foundation to further our long-standing partnership with the Paletta Family and support their desire of continuing to make an ongoing impact in our community,” says Colleen Mulholland, President and CEO, Burlington Foundation. “We look forward to building upon their dedication to philanthropy for many years to come.”
The second news item was different in tone and much different in the number of dollars involved.
A Canadian Tax Court ruling, Paletta v. The Queen, the taxpayers’ attempt to break into the Hollywood movie business was a flop.
In this case, the Tax Court of Canada (TCC) held that the taxpayers’ contractual arrangement was nothing more than an attempt to claim tax losses and so the TCC confirmed the Canada Revenue Agency’s (CRA) decision to disallow US$96 million in partnership losses. The TCC’s basis for its decision was that option agreements – which were key elements of the transactions under appeal – were a sham.
The TCC also considered the government’s alternative argument should the sham doctrine not apply. In that regard, the TCC held that, if the option agreements were not a sham, the TCC would have dismissed the appeal on the basis that the property the appellants purchased was an unregistered tax shelter.
This tax alert focuses on the TCC’s sham analysis, as this was the primary basis for dismissing the appeal.
Relevant facts
 Secret of the Tomb grossed over $363 million at the box office. One of the appellants was Paletta International Inc. (Paletta International), a corporation that operated several businesses including real estate and farming businesses. In 2006, Paletta International borrowed US$212 million from the Royal Bank of Canada (RBC) and invested the borrowed funds, along with US$8 million of its own funds, into a limited partnership (LP). Paletta International was the sole limited partner of the LP. The LP used US$128 million of the capital investment it received from Paletta International to purchase a worldwide perpetual copyright for the movie ‘Night at the Museum’ (the Film) from Twentieth Century Fox Film Corporation (Fox). The Film had not yet been released in theatres.
The LP then used US$82 million of the capital investment it received from Paletta International to pay for the print and advertising expenses related to the Film. As a result, the LP reported non-capital losses of US$82 million from the print and advertising expenses, the majority of which were allocated to the limited partner, Paletta International. As part of these transactions, the parties agreed that Fox would have the option to reacquire the Film at essentially the cost of the Film plus 97 percent of the print and advertising expenses incurred by the LP (the Option Agreement). Fox exercised its option to reacquire the Film shortly before the Film was set to be released in theatres.
Angelo Paletta (Mr. Paletta), the other appellant, completed identical transactions with RBC and Fox for a second movie, ‘The Day the Earth Stood Still’, and similarly claimed non-capital losses in respect of the second movie. Due to the identical nature of the transactions, the TCC focused its analysis on the transactions related to the Film and applied the decision to both series of transactions.
The sham doctrine
The TCC set out the relevant jurisprudence and principles related to the sham doctrine. In particular, sham documents are ones that “give to third parties or to the court the appearance of creating between the parties’ legal rights and obligations different than the actual legal rights and obligations”. Furthermore, The TCC cited that for tax, “the Court will arrive at a finding of sham when the evidence shows that the parties misrepresented their arrangements in a bid to achieve a tax benefit that would be denied if the nature of their arrangements was properly disclosed”.
The government’s position was that the transactions were a sham because Fox “never truly transferred” the Film to the LP. Simply put, the government argued that the LP never owned the copyright to the Film, had no right to earn income from the Film and did not incur expenses for the purpose of earning income.
The TCC’s analysis regarding sham
To determine whether the transactions constituted a sham, the TCC first looked to the conduct of the appellants. Testifying on behalf of the appellants, Mr. Paletta stated that he entered into these transactions to earn revenue from the distribution of the Film. He stated that, although he was aware of the Option Agreement, he hoped Fox would not exercise its option. Mr. Paletta testified that he had estimated the likelihood of Fox exercising its option was 50 percent and he was confident that if Fox did not exercise the option, the appellants could earn a substantial return from the distribution of the Film.
No one from Fox testified as to why Fox entered into these transactions. Based on the evidence, the TCC determined that Fox’s purpose for entering into the transactions was to save three percent on the print and advertising costs that it was going to incur related to the Film. In other words, the TCC held that Fox did not have any intention to sell the Film and that Fox’s benefit from taking part in these transactions was to offset some of its expenses related to the Film.
Finally, the TCC believed that the transaction documents would have resulted in unintended consequences for the parties if Fox did not exercise the options. For example, the distribution agreement (pursuant to which Fox retained distribution rights to the Film) provided that Fox would pay a percentage of the profits from the distribution of the Film to the LP for 15 years. However, the security agreements permitted Fox to hold payments owing to the LP in its collateral account until the expiry of the distribution agreement. In other words, Fox, in its sole discretion, could withhold all payments to the LP for 15 years. When the TCC raised this issue to Mr. Paletta, he stated that he would not have entered into the agreements if he had known that Fox could withhold the profit payments for 15 years.
TCC’s conclusion on sham doctrine
 The film grossed $79,366,978 domestically and $153,726,881 in foreign markets, a total of $233,093,859. The TCC held that the Option Agreement was a sham because, based on the circumstantial evidence, the LP never intended to earn income from the Film due to the TCC’s finding that the parties agreed that Fox was going to reacquire the Film before it was released in theatres. Therefore, the TCC concluded that the LP (and, by extension, the appellants) did not incur the print and advertising expenses for the purpose of earning income. Instead, the appellants entered into the transactions “solely to avail themselves of the tax savings that the promoters led them to believe they could expect and that they felt secure in the knowledge that Fox had agreed to reacquire the films prior to their commercial release”.
In summary, the TCC held that the Option Agreement was a sham because (1) the appellants entered into the transactions to obtain the partnership losses, (2) the appellants expected that Fox would exercise its option to reacquire the Film and (3) Fox had agreed in advance to exercise its option. Interestingly, the TCC’s basis for finding that a sham existed was different than the government’s basis for alleging sham. As set out above, the government’s position was that, notwithstanding the transactions and agreements, Fox did not relinquish the Film and the LP never acquired the Film. The TCC did not find that the LP’s acquisition of the Film was a sham that was designed to misrepresent the parties’ agreement. Instead, the TCC held that the Option Agreement was a sham because it was not, in fact, an option, but a pre-arranged agreement pursuant to which Fox would reacquire the Film. Furthermore, only one element of the Option Agreement was a sham: the purported option element. The TCC therefore treated the Option Agreement as a “reacquisition agreement”.
Will Paletta cause the CRA to increase the use of sham as an assessing basis?
It will be interesting to see if the CRA uses Paletta as a precedent to reassess taxpayers under sham more frequently. Based on the TCC’s application of the sham doctrine in Paletta, the CRA may look to apply the sham doctrine to specific elements of agreements between taxpayers rather than simply applying it to whole transactions. The appellants have appealed the TCC’s decision to the Federal Court of Appeal, so some clarity on the sham doctrine may be obtained in the near future.
The Gazette will report on any decision from the Federal Appeal Court.
The bulk of the information on the tax court case came from RSM: Audit, Tax and Consulting Services to Help Middle Market Leaders Succeed media release.
By Pepper Parr
December 20th, 2019
BURLINGTON, ON
More than eight years ago during a conversation with then Mayor Rick Goldring he remarked on how surprised he was when people would approach him in the supermarket or at some event and chat him up. It wasn’t something he expected when he was elected Mayor.
 There were different views on Rick Golding’s effectiveness as a Mayor – but there was never any doubt that he cared passionately about his city. See him in a Santa Claus parade collecting loonies and twonies in a sock. But it is what people expected of their elected representatives. In Burlington people want to keep that small town feel and know that they can approach their member of city council to talk about a problem or a concern. The practice then, for many of the council members, was to give the citizen their business cards and ask them to call their assistant, explain the problem and the Councillor would follow up and make sure it was taken care of.
Then something changed. Not sure where the change came from. We recall conversations a number of years ago from a General Manager (when Burlington had General Managers) about installing a CSR (Customer Service Response) system – this was supposed to handle all the communications problems.
The Gazette is in touch with members of Council frequently – the level of response varies, most get back quite quickly. There is one who said he had been told “not to talk to you” when we approached and asked a question.
We recently sent a note to a member of Council and used the new system – the one where you enter the ward number – ward4@burlington.ca – if you wanted to reach Shawna Stolte.
Here is what came back to us:
Being referred to as a “case number” didn’t strike me as all that customer friendly.
Maybe times are changing and it will all come down to each of us being a “case” with a number from which all our questions will be answered.
How much did the city spend on the system that assigns me my case number and are we getting value for those dollars?
Perhaps the problem is the Councillors just don’t have the time needed to respond to all the calls.
There is a solution to that problem – add more Councillors. But that is not likely to happen for one reason – it would impact on the financial interests of the current members of Council.
Burlington has seven seats on the Regional government Council. If we added Council member they would not get a seat at the Regional level and not earn the $50,000 +/-
Oakville solved that problem by having members of Council that are Regional Councillors as well as town Councillors and some who are just town Councillors.
 There are seven members of council in Burlington – are they able to meet the needs of the people they represent? It is a direction Burlington should at least be looking at – soon, so they can be in a position to approach the electors in the 2022 municipal election with a council structure that meets the needs of the citizens.
Don’t expect the current council to put that kind of initiative on the table.
Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.
By Pepper Parr
December 16th, 2019
BURLINGTON, ON
Sheila Jones is the successful candidate for the position of Executive Director of Strategy, Risk & Accountability. Prior to her new role, Sheila was the City’s Auditor, a position she has held since she began with the City in 2009.
 Sheila Jones; now the Executive Director of Strategy, Risk & Accountability. From 2013 to 2016, Sheila led the Business Performance Advisory Unit which introduced Service portfolios and business plans to the organization. The introduction of both Service portfolios and the Business Case approach to justifying a new expenditure was new to the city; it took a bit of time for the line people to adjust to the change.
The creation of the new approach set the city up for the much more effective system that is in place.
In 2015 interview Jones explained where Council felt they fit into the Business Plans and Cases, Performance Tracking and Monitoring, Performance Reporting and Continuous Improvements process.
Were they OK with maintaining a strategic view of services by making decisions regarding commissioning and/or decommissioning of services; increasing and/or decreasing service levels and their appetite and/or tolerance for risk and a review of service portfolio?
Examples of de-commissioning a service were seen in the 2014 budget. Do you want leaf collection in the fall as frequently; how often do you want sidewalks plowed ? The leaf collection has been an issue since then,
Jones asked Council rhetorically in 2015: Do you accept Council’s role and responsibilities? 100% they said BUT, …there was still some work to be done to show the link from strategic goals to performance management.
The report that was being discussed set out Senior Management, Service Owner and Staff Role and Responsibilities. Each was to maintain an operational and tactical view of services by:
making decisions regarding how services are delivered within the limits of Council approved service levels and budgets; determining, tracking/monitoring and reporting on performance and identifying risks; determining and implementing opportunities for continuous improvement; reviewing services and maintaining the service portfolio based on the decisions of Council.
It was this level of detailed work that made Sheila a natural for the job.
The work Sheila Jones back in 2015 is a primer for the five new members of the current Council
Shelia Jones does not suffer fools very well. She tends to be a little on the media adverse side but she understands and works well within both accountability and transparency standards
Prior to working at the City, Sheila worked with RBC Financial Group. She holds an MBA from Queen’s University, is a Certified Government Auditing Professional, Certified Fraud Examiner, Certified Internal Auditor and has Certifications in Control Self-Assessment and Risk Management Assurance.
Sheila’s position will have corporate responsibilities for strategy execution, business performance, service reviews, continuous improvement, change and risk management. Sheila will champion the organization’s strategic plan and corporate strategies and related risk mitigation initiatives.
The new role will be effective on Monday. There were more than 90 applications from both the public and private sectors for the position.
The position of Executive Director of Strategy, Risk & Accountability is a new position to the City as part of a new organizational design implemented in September which put more emphasis on strategic management, risk assessment and public accountability.
Filling the Executive Director position will complete a key role and team in the City Manager’s Office. Reporting directly to Sheila will be the positions of Business Performance Manager and Manager of Strategic Initiatives & Corporate Projects. Chief among Sheila’s responsibilities will be to lead this team in monitoring, guiding and reporting back, on a regular basis, on the City’s Vision to Focus work plan. From Vision to Focus is the City’s work plan that prioritizes key strategic directions from Burlington’s long-term 25-year Strategic Plan and details key goals and strategic actions required to move these priorities forward during this term of Council.
City Manager Tim Commisso said Sheila brings a wealth of knowledge in the areas of risk management and accountability. Having Sheila dedicated to working closely with the Burlington Leadership Team and leading our strategic planning and risk management functions, including oversight of the implementation of Council’s Vision to Focus work plan will ensure the goals within the plan are met.”
Sheila Jones is now in a position to get Council to think “strategically” about those leaves.
 By Ashley Worobec
October 16th, 2019
BURLINGTON, ON
It’s officially taper time! Tapering means that the bulk of work is done, and now it’s time to rest and recover from the cumulative effects of training- the idea being that you show up to the start line with rested and refreshed legs, so that you’re ready to go.
For a marathon, the taper period is usually around 3 weeks, and that’s the plan I’m following. This past week was my “peak week” of training, and I totaled 75km out on the roads this week. The next three weeks will have a dramatic decrease in that mileage number, with the week before the marathon being less than 20km of running. I will continue to do Pilates and yoga weekly, but I’ve shut it down on Crossfit right now, and want to give my legs the best chance possible to recover.
 That watch records every km Worobec runs. This run is the last really long one before New York City. On Thanksgiving Sunday, I ran 38km, my longest run in this marathon build. I have had October 13th circled on my calendar since training began back in mid-June; a distance like that can be daunting. But somewhere over the last few months, I have come to embrace these long runs rather than fear them, and I found that by early last week, I was actually looking forward to Sunday’s run to see what my body could do.
 The after-effects of a treatment called “cupping.” I am really happy with how it went- I felt great and kept a strong pace, and I’ve recovered really well; I have no soreness in my legs at all and I can only notice minimal fatigue in my lower legs and feet. Over the last few weeks, I’ve been struggling with some calf tightness after my runs- the red circles in the picture of my legs are the immediate after-effects of a treatment called “cupping.”
This treatment got its claim to fame when Michael Phelps showed up to the 2016 Olympics with circular bruises from cupping, but it’s actually a method of treatment used in Traditional Chinese Medicine that has been modified and adapted by many manual therapy practitioners.
 That stroller has a couple of thousand km on it. The group photo here shows my family and my brother’s family enjoying an apple orchard on Thanksgiving weekend- my nephew is using our running stroller, and I would estimate that stroller probably has a couple of thousand kilometres on it, from all the runs I used to do with my kids when they were little!
 The target is to swallow the 4 liters – she doesn’t always make it. One other thing I’ve been focusing on lately is hydration; I’ve been using a huge 4L refillable water bottle, and my aim every day is to drink the entire thing by the end of the day. I am not succeeding every day (that’s a lot of water!), but I figure if I aim to finish the entire thing and then fall a bit short, I will still be much more hydrated than I would be if I didn’t have this black and white measurement starting me in the face.
Hydration is key for so many things, including recovery and race day performance, so it’s extra-important at this stage of the game.
Less than 20 days to November 3rd – New York City – the Marathon. .
 By Pepper Parr
October 11th, 2019
BURLINGTON, ON
There is a group of people who live on the eastern side of the city, south of New Street, along Lakeshore Road in the tonier part of town where there is a tendency for those flush with cash to want to build what Burlington calls “mega monster” houses. 5,000 square feet seems to be the minimum.
 Located at the corner of Goodram and LAkeshore, the house is for sale and being rented out for events. The problem for those in the Lakeshore – Goodram – Oak Cr neighbourhood is an 8,000 sq. ft. dwelling that is on the market; first offered at $4.9 million now priced at $4.3 million.
There are people who have seen an opportunity with these buildings – they buy them and rent them out for weddings and large family gatherings using the Air BnB platform.
While waiting for the property to change hands the owner (or someone representing them) is renting the space out as a banquet hall.
Renting a house for a large family gathering is one thing – no one is offended by that kind of operation. Where things have gotten out of hand are with those who rent the space – at a fee of $1,250 per night – for graduation parties, wedding parties, family reunions or events when there is excessive drinking and all kinds of noise – at three and four in the morning.
People throw up on the lawn – and on the lawn next door as well. You can only image the behavior.
The area residents have organized as a Committee – ACT – Active Community Team, and have done everything they can think of – they have found the by-law enforcement to be of little use.
They appeared before city council earlier this week asking for an immediate Interim By-law that can be enforced by the city. The Staff report prepared for the meeting didn’t offer much in the way of relief.
Here are the relevant parts of that report:
The City of Burlington’s Zoning By-law 2020 does not specifically address short-term accommodations. The Zoning By-law identifies zones and provides regulations for areas that permit residential uses, but it does not regulate ownership or rental duration of residential dwellings. Dwelling units have historically been rented via monthly or annual leases and there are no current regulations that prohibit the rental of dwelling units for shorter periods of time.
The Zoning By-law also defines Bed and Breakfast Homes as:
An owner-occupied detached dwelling offering short-term lodging for compensation to the travelling and vacationing public. Guest rooms or suites may include a private bath but shall not include cooking facilities. Breakfast and other meals, services, facilities, or amenities may be offered exclusively to guests.”
Regulations under Part 1, Section 2.21 of the By-law, indicate Bed and Breakfast Homes are a use permitted in all zones, in detached dwellings only, on lots greater than 18 m in width, are limited to 3 guest rooms, and require an additional parking space for each guest room in addition to the parking requirements for the dwelling. A short-term accommodation is not currently regulated in such a fashion as it is not currently defined.
In recent years many municipalities have initiated studies to assess the impacts and develop regulations for short-term accommodations in response to issues arising in their respective communities. This includes larger municipalities such as Toronto, Mississauga, Ottawa and Oakville, and smaller jurisdictions like Niagara on the Lake, Prince Edward County and Kawartha Lakes. The studies identified positive impacts such as financial benefits to homeowners struggling with housing affordability and increases in tourism; as well as nuisance issues related to traffic, noise and property maintenance in residential neighbourhoods, and potential negative impacts on the long- term rental market if it is more profitable to rent for short terms. Concerns have also been raised by hotels, motels and businesses traditionally involved in tourist accommodations that different rules and taxation apply to short term accommodations.
The studies also identified the range of stakeholders to be consulted in assessing benefits and impacts, and a variety of tools that could be implemented to regulate short- term accommodations. These include updates to policy documents and enactment of zoning by-laws, and licensing and registration tools. For example, some municipalities have restricted rentals to specific types of units; or only to units where the host is the principal resident; or specific zones or geographic areas. Licensing can be required only for the host or may also be required for the company providing the booking platform.
In Burlington, staff respond to many public inquiries seeking information on requirements to permit short-term accommodations within an existing dwelling unit, as well as questions from neighbours concerned about the potential for short-term accommodation uses when an accessory dwelling unit is approved. Additionally, complaints are received about noise, parking, traffic management, safety and garbage that residents attribute to short-term accommodations; as well as complaints about dwellings that frequently host events such as large parties and weddings.
 By law enforcement officer Burlington needs to develop an approach to short-term accommodations that responds to the issues and concerns raised above, provides the appropriate policy and regulatory framework to accommodate this emerging land-use and minimizes neighbourhood impacts. A study to assess impacts of the sharing economy was initiated by planning and licensing staff several years ago but was suspended to respond to other Council priorities. The specific issue of short-term accommodations was subsequently added to the Comprehensive Zoning By-law Review study that is scheduled to begin in Q3 2020 and will require a multi-year timeframe.
In response to the September 23, 2019 Council motion, options to address development of short-term regulations are presented below.
Immediate:
• Planning, Zoning and licensing staff will continue to gather research on short-term accommodation studies, policies, by-laws and regulations being prepared by other municipalities.
• Planning staff will monitor the outcome of LPAT hearings related to short-term accommodation by-laws enacted by other municipalities.
• By-law Enforcement staff will continue to respond to and investigate complaints and fully enforce current bylaws such as noise, property standards, exterior maintenance and parking.
• By-law Enforcement staff will continue to collaborate with other enforcement agencies/stakeholders and communicate with the Integrated Municipal Enforcements Team (IMET) which consists of Halton Regional Police Services, Halton Public Health, Burlington Building & Bylaw Enforcement, Burlington Fire Services and the Alcohol Gaming Commission of Ontario.
Medium-term (2020):
• Planning staff will initiate work on a Terms of Reference for a Short-Term Accommodation study to be incorporated with the Comprehensive Zoning By-law study with assistance from Zoning, Licensing and By-law Enforcement staff.
• Licensing and By-law Enforcement staff will monitor the effectiveness of licensing and registration by-laws enacted in other municipalities.
Long-term:
• The Terms of Reference for a Short-Term Accommodation study will be presented to Council for approval and the study will be undertaken in conjunction with the Comprehensive Zoning By-law Review.
• The study process will involve stakeholder and public engagement, and address matters including impacts on the rental housing market; housing affordability and tourism; potential policy and zoning by-law amendments that consider types of units, applicable zones, geographic areas, parking impacts and specific regulations; and licensing and registration options.
Options considered
Council could direct staff to proceed immediately with a short-term accommodations study. However, there is no capacity with the current staff complement. Should Council wish to initiate a short-term accommodation study in advance of the Comprehensive Zoning By-law Review, staff would need to report back on additional resource requirements, including one-time funding sources.
 Mary Alice St. James. ACT was stunned – they expected something that would put an end to the problem; they had been living with it for more than a year.
The city has not been able to handle this kind of problem. For one – none of the bylaw enforcement officers are on duty when the behaviour takes place.
There is a lot of confusion within the municipal sector on just how to handle this kind of problem.
The Burlington approach to by law enforcement is to wait until someone complains. They then send someone out to see if they can solve the problems; if that doesn’t work they then issue letters and eventually a ticket.
With the income reaching $1250 per night a ticket would be seen as just part of the cost of doing business.
ACT wanted an Immediate Interim Bylaw
 Mary Alice St. James, a retired elementary school teacher who ran against Councillor Paul Sharman who chaired the meeting at which St. James delegated. They argued that it is Irresponsible to put public safety second when every week we hear about a new shooting, a new throwing of a chair out a building, a new prom party gone wrong, a death.
Act said it was inexplicable to see in writing that citizens should continue to do what they are doing. It is not working. “We have contended with this for over one year and we have spoken with City Staff and every Bylaw service imaginable” said Mary Alice St. James, founder of the community organization.
Inexcusable and Intolerable that nothing would be done immediately. She added.
The Mega Mansion is in ward 4, where Councillor Shawna Stolte has been working with staff to find a way to solve this problem.
 “We have approx. 150 known Short Term Accommodation (STA) arrangements in Burlington. Of these, the Lakeshore property is the most challenging to the surrounding community, but there are 2-3 others that are occasionally causing issues.
“I have been aware of the Lakeshore AirBnB and the neighbours concerns for the past 6 months. The property is not only being advertised as an event venue but has also been rented out almost exclusively for weddings, bachelor parties and other events.
“I have been researching the issue, meeting with residents and advocating on behalf of the neighbourhood since June of this year.
“The police are responding to the best of their ability, but have made it clear that they consider noise and nuisance complaints lower on their “response priority”. Clearly they need to respond to citizen safety and crime related calls first.
“Burlington Bylaw officers have responded repeatedly to this property when neighbours call but they do not have the same mandate or training to engage in difficult or conflictual situations. Their job is not to intervene in a situation, but to educate, advise and enforce bylaw infractions.
“The biggest challenge is that the City of Burlington does not have a Short Term Accommodation Bylaw for our Bylaw officers to actively enforce.
“I have been researching the issue, meeting with residents and advocating on behalf of the neighbourhood since June of this year. I began meeting and corresponding with our Bylaw Dept in June and it quickly became clear that their ability to deal with this particular situation would be limited due to a lack of policy (bylaw) to enforce.
“At that point I engaged our Planning and Legal Departments in an effort to explore what policy amendments we could create to deal with this, and other Short Term Accommodation issues.
“This process was complex and my ability to get all departments on board to collaborate was challenging so at Council in September I brought forth a Staff Direction that read as follows:
Direct the Director of City Building to report back to the Planning and Development Committee meeting of October 8, 2019 with options to regulate operations related to Short-Term Accommodation rentals, including immediate, medium term and long-term options.”
“The report that we received this week somewhat addressed the medium and long term goals but by no means addressed the direction to provide immediate options to address this issue.
“The Committee meeting ended with this agenda item being “referred” to Council with the expectation of staff to report back to Council on October 28 with concrete, actionable, immediate options to deal with this issue.
“I’m trying to not take over Staff’s role but I do look forward to hearing about Temporary Bylaw or Licensing options when staff report back on October 28.
“The suggestion of a Citizen Working Group was an attempt to engage those citizens most impacted by the situation, in an advisory capacity and give them the opportunity to contribute ideas and suggestions as the City moves forward to create a Short Term Accommodation Bylaw.”
There is a similar Airbnb Mega Mansion in Aldershot. It is currently advertised as the Bong Mansion.
Short-term accommodations are a new type of land use that can provide positive impacts to the community. A comprehensive assessment of issues related to short- term accommodations is required to develop the policy and regulatory tools that will best serve the Burlington community. This study is proposed to be undertaken as part of the Comprehensive Zoning By-law review study to be initiated in Q3 2020.
Council wasn’t prepared to sit on this for a year. There will be something that will be immediate at the council meeting on the 28th.
Let’s see just how this council responds to a disgusting problem in a part of the city that is used to getting what it wants.
By Pepper Parr
September 26th, 2019
BURLINGTON, ON
A number of weeks ago the Gazette had an email conversation with city manager Tim Commisso who wrote about some of the changes that would be taking place at city hall.
He mentioned at the time that he had 17 direct reports and that he wanted to reduce those considerably so that he could concentrate on the development of a strategy that would fill the direction he was given by council back in February.
Yesterday Commisso put his plan on the table during a closed session of council. The new organizational structure was adopted by Council during the closed session – the public got word of it when they put out a media release. We have absolutely no idea what council thought of the plan – did they ask for changes? Was there a vigorous debate?
The plan looks to be solid. The Gazette learned from a former senior staff member that it was a “plan that should work”.
 Director of Human Resources Laura Boyd We asked Commisso if the Burlington Leadership Team would continue to operate; recall the Director of Human Resources Laura Boyd wrote in her exceptionally revealing report to council back in July said:
“When the results were further analyzed, it became apparent that communication within the organization diminishes between hierarchical levels.
“Specifically, between the Burlington Leadership Team and the Supervisors/Manager level and then between the Supervisors/Managers level and their direct reports.”
Commisso told us that the “city’s internal leadership/strategic management structure will still encompass: Exec Directors, Directors (Department Heads) and City Mgr. BLT will meet weekly and provide strategic management oversight on day to day City service delivery, review of upcoming Council reports, implementation of Council V2F work plan and other corporate projects. BLT also deals with city policies and procedures, budget development, ongoing council/ staff relations.
He added that “The Strategy and Risk Team (SRT) will meet biweekly and will focus at a more detailed level on corporate strategy execution and related risk mitigation and also reporting on same to Council on a regular basis. SRT is a new leadership team comprised of Exec Directors and City Mgr. SRT will also focus on corporate wide business processes such as customer service, health and safety.
Commisso said “This approach is a best practice for municipal and public sector governance” and added that “We will need to align the new structure with Council’s standing committees and are working on a report to Council on that for Oct.
 The Gazette wondered aloud during a telephone conversation earlier today if this organizational change was not a consolidation of power in the city manager’s office. Commisso doesn’t see it that way. He did reduce the number of direct reports from 17 to 12 and admits that even twelve is a little on the high side.
One of the problems Commisso has is the quality of his bench strength – there are a number of senior people not exactly pulling their weight – at the same time there are a significant number of young people who have done well but find it difficult to see Burlington as a place where they can grow meaningful careers – there have been four city managers in a six year period.
You build a team by ensuring that management stability is in place and that it is going to be there for some time and that there will be opportunities for professional growth.
Getting the new organization in place has been a huge task for Tim Commisso; he loved doing the work – says he loves the city. He’s not a talkative man – without ever having had an opportunity to sit opposite the man it’s difficult to get the measure of him.
Our conversation with him on Wednesday was short – he was swamped.
We wanted to ask: Is this just round one of the blood letting at the staff level. It would have been inappropriate of him to respond but the question remains. Many of the keen observers of city hall matter don’t feel the job has been completed.
Strategy is just one part of what Commisso believes has to be put in place. The other is a change in the culture – that one is going to take years – it will have to start soon for staff to buy into it and then years to make changes and make them stick.
Can MacDonald and Magi instill a different more meaningful sense of confidence in staff? Does Human Resources have a handle on just what the problems are and perhaps some solutions as to how to give the place a shot of something?
The Gazette recalls a citizen who once worked at city hall in a very senior job where he was right in the thick of it all. He gave some thought to running for office – actually came close to deciding he would and then decided that it was “too toxic” (his words) and left the public office job to others.
While Commisso can perhaps pull rabbits out of hats (that is not a skill set he lays any claim to) he has to cope with a city council that does not yet have a full year under its belt.
 Mayor Meed Ward fully understands the power she has when she wears the Chain of Office. Can her colleagues restrain her? They have done just that a few times. He has to deal with a Mayor who has an agenda and she is certainly pushing that agenda. If he doesn’t have a real concern over how reserve accounts are handled – then he should have. He needs to find a way to counsel the Mayor and educate the newer council members on why we have reserves and the way they should be handled. All five of the newbies have turned to the city manager for advice and direction – when their job is to hold the man they are turning to accountable.
Commisso didn’t think that was a problem. The governance people we spoke to told us that it was a serious problem and that Commisso was walking on this ice.
The mention that Burlington is one of the best places to work just isn’t true. The chaos is disturbing.
With Heather MacDonald and Allan Magi serving now as the management level directly beneath the city manager there is a line of authority and direction that has been missing for some time.
 Heather MacDonald, now one of the two leaders working with the city manager to make it all come together in conversation with a citizen at a public meeting. It is going to take a bit of time for the two to get the hang of the job. MacDonald came to Burlington a relatively short time ago to serve as the Planning Director and now finds herself as responsible for the effective administration of a much bigger plate. She was doing just fine with the Planning problems; the Interim Control Bylaw was hers to oversee as well as the re-writing of the Approved Official Plan.
Behind all that there is the pile of development applications that are going to flood the city when the Interim Bylaw gets lifted. There is a lot of work on that table.
Two new positions have been created:
Customer Experience Manager-Business Development
Executive Director of Strategy, Risk and Accountability
They will both be posted on the city’s web site and be open to outsiders.
 City manager Tom Commisso is often the only senior administrative person at council meetings. He says what he has to say in relatively few words. Commisso believes they are both critical – it will be interesting to see the job description when it is posted. The use of the word ‘accountability’ raised an eyebrow- just what does the city mean when they say ‘accountability’.
This is something we will return to once we see the job posting.
Related news stories:
Director of Human Resources lays it all out on the table.
By Pepper Parr
September 25th, 2019
BURLINGTON, ON
Well, local newspapers are making the news.
An avid Gazette reader popped us a note about a survey she was sent by the Toronto Star asking about how and where she got her local news.
The Burlington Post is owned by MetroMedia a subsidiary of the Toronto Star.
The Post got its name in the paper earlier in the week when the Mayor hammered them for getting a story totally wrong. The reporter who wrote the piece was sitting in council chambers at the time. Ouch!
Here is what the survey looked like.
 The reader who sent the survey to us had this to say about the Post: Unfortunately the Burlington Post no longer has any purpose other than holding advertising flyers. Long ago they abandoned any sort of credible reporting and won’t ever say anything remotely controversial, seem to be a place for our elected officials to get free advertising, and they don’t allow or print contrary opinions, or even anything newsworthy. When they covered the 2018 municipal election debate and failed to mention that our current mayor at the time was roundly booed by the audience, we knew they were not a credible news source. I’m glad we have the Burlington Gazette online. The Post at one time was published three times a week- then cut back to twice a week and now it is on the streets just once a week. When it was published twice a week the price was $1. When the dropped to twice a week – the price went up to $2.
Everyone has their favourite newspaper. The Globe and Mail plus the Sunday New York Times work for me.
Cities the size of Burlington rely on local newspapers to tell the local story. The Gazette has been doing this for nine years – and despite a myriad of legal problems with the city we expect to be here for some time to come.
We don’t always get it right and we have been brought before the association we belong to and told to do a better job. The results of those decisions are public.
The saving grace was that the Mayor didn’t whack us in public.
There was a point where former Mayor Rick Goldring thought we were the best thing since sliced bread and had nice things to say about us. Check the video.
 Those are porcupine quills in his snout – wasn’t a happy puppy for the day. There was a time when there was a full sized broadsheet newspaper in Burlington. It was folded and made part of the Spectator.
One of my bigger jobs is to think in terms of monetizing the paper and then looking for people who can do some of the day to day work.
I’d like to spend more time at home taking care of the lady in my life and trying to teach the dog to keep away from the porcupines. He’s cute but not very bright – this is the second time he got his snout full of porcupine quills.
Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council
By Pepper Parr
August 8th, 2019
BURLINGTON, ON
There is a fine Detective Constable in the Halton Regional Police Service who will have become aware of new tools that are now available to police forces in the province.
They allow the police toget more information quickly sothat every effort can be made to find the person who has wandered away from home.
Each day that Detective Constable Joe Barr drives to or from work he is reminded of the case of Helen Robertson who went missing July 5th, 2016.
She was never found. There were bits and pieces of evidence but nothing that gave police the information they needed to successfully find Helen and return her home.
With more than 240,000 Ontario seniors estimated to be living with some form of dementia today, being able to locate seniors in the first 24 hours after they go missing is crucial to saving lives.
Ontario is putting the safety of seniors first by providing police officers with more tools they need to respond quickly and effectively to missing persons investigations.
“Every minute counts when a senior goes missing to help keep them safe. This is another example of how our government is putting seniors and their families first by providing essential front-line services new tools to help find our missing loved ones faster,” said Raymond Cho, Minister for Seniors and Accessibility. “We are protecting what matters most to help seniors live independently in their communities, while also helping to ensure they are safe.”
The Missing Persons Act, proclaimed by the government on July 1, 2019, provides police with three additional tools to use when there is no evidence a crime has been committed. These tools will allow police to:
• Obtain copies of records that may assist in a search;
• Obtain a search warrant to enter a premise to locate a missing person; and
• Make an urgent demand for certain records without a court order.
The Act also includes guidelines on what information police may disclose about a missing person before and after they have been located.
Previously, when a person went missing without evidence of criminal activity, police were limited in the ways they could investigate. With this legislation, police can now respond to missing persons investigations quicker, while balancing concerns for an individual’s privacy.
“Police and family members tell us that the first hours after someone goes missing are the most critical,” said Sylvia Jones, Solicitor General. “That’s why we’re providing our frontline heroes with more tools to quickly find our loved ones.”
Fifty per cent of those who go missing for 24 hours or more risk serious injury or even death.
Sixty per cent of people living with dementia will go missing at some point, often without warning.
There is no requirement to wait 24 hours to report someone missing in Ontario.
Nearly 7,500 people were reported missing in Ontario in 2018.
Most of the media in the western GTA are quick to publish and broadcast information on a missing person. Most of the time they are found before the end of the day or the day after.
Some are never found – and we mourn, terrified that something like this could happen to our loved ones.
Joseph Barr, the Detective that handled the Helen Robertson case knows that he will wonder for the rest of his career what happened and what was that missing piece of information he didn’t have.
 Emits a signal every second 24/7 Since the disappearance of Helen Robertson the Regional Police came up with a service that, if used properly, can be critical in finding someone missing. Project Life Saver was taken to the Regional Police by a parent who has an autistic child. That service is now available to parents in Halton Region. Details in the story linked below.
Related news stories:
Helen Robertson reported missing.
Wallet belonging to missing woman found – nothing else.
Project Life Saver.
 By Pepper Parr
June 25th, 2019
BURLINGTON, ON
Well this isn’t good news.
L3 WESCAM, which currently operates three sites across the Greater Toronto Area, including two in Burlington, will be consolidating into one, 300,000-square-foot facility in Hamilton, in an effort to increase operational efficiency.
 Space will be available Q1 2021 L3 WESCAM is one of the premier high tech operations in North America – this is a class A operation with a great reputation producing a product that keeps the western world safe.
In a media release Mayor Marianne Meed Ward said: “We are sorry to see them go and wish them well in their new home. We are pleased that jobs are staying local within the region — approximately 800 jobs are currently on site at the Burlington location, which will be moved to Waterdown. As a result, no jobs are expected to be lost from the company.
“L3 WESCAM is also completing an expansion and consolidating its operations that should bring an additional 400 jobs to the region at the site at Highway 6 — this will increase its employee base to 1,200.
 Mayor will meet with the L3Wescam president to learn what went wrong. “I have scheduled a meeting with the L3 WESCAM president in two weeks to understand the rationale for their move, so that it can inform our strategy in business retention and attraction in the city. This move has been in the works for a number of years.
“Burlington will not be losing any tax revenue as the City’s vacant property tax rebate was removed in 2018. L3 WESCAM’s current lease in Burlington expires in 2020 and it is hoping to enter its new space in Q1 2021.
“While the Burlington property is not currently officially on the market, the City and Burlington Economic Development Corporation (BEDC) are actively seeking occupants to move in to the 122,000-square-foot facility. The space should be available in Q1 2021 and to lease in its entirety or divisible to fit multiple companies. Once the availability of the space is confirmed and the landlord officially lists it, BEDC and the City will fully promote the property to companies.
“A key focus of the recent Red Tape Red Carpet (RTRC) Task Force I launched this year is to ensure supports are available to retain and attract employers to Burlington. A major obstacle in this is that Burlington currently doesn’t have enough shovel-ready employment land that is unconstrained and available to be developed in an 18-24 month timeframe.
L3 Wescam also rents office space in the former Michael Lee Chin complex on Kerns Road.
The city has known for some time that they needed more space.
Anticipated recommendations from the RTRC Task Force will help ensure that our city does have more of that shovel-ready land and help reduce the timeframes and increase supports for businesses to get in the ground.”
The Gazette wants to know what happened to the land at Bronte Meadows that was being touted as a possible location for the new HQ2 that Amazon was going to set up.
International Harvester got away from us when they found a home in Hamilton.
In a recent Background piece the Gazette told of the successes Welland Ontario has experienced.
Some salesmanship is a tool the city and its economic development people don’t seem to have in their kit.
No word from L3 Wescam on why the move.
 Anita Cassidy, Acting Executive Director of Burlington Economic Development Corporation Anita Cassidy, Acting Executive Director of Burlington Economic Development Corporation explains that: “BEDC has been working with L3 WESCAM for a number of years through our business retention and growth services. Despite BEDC’s extensive efforts to retain L3 WESCAM, it has come down to a financial and business decision for the company to move outside of Burlington.
“L3 WESCAM’s continued growth nearby will create an opportunity for many Burlington residents to still work for the company while creating an opportunity to attract a new employer to the current 122,000-sq.-ft. site. While we are sad to see them go, BEDC is looking forward to working with the property owners to market the space and create new opportunities for Burlington residents to live and work locally.”
Related news story:
Welland has figured out how to make economic development work.
By Staff
April 25th, 2019
BURLINGTON, ON
In the world of politics you send out the bad news media releases late in the day on a Friday. Works even better when there is a long weekend.
Last week Burlington MPP Jane McKenna went even further.
 MPP Jane McKenna at a public event. Late last Thursday, that would be the 18th of April with the Friday being a holiday, “MPP Jane McKenna sent a letter to my office”,said Mayor Marianne Meed Ward, “expressing her concerns with my April 15th statement about the recent provincial budget.
“She also shared her letter with the Burlington Post/Inside Halton where it appeared in a story on April 20th. Having personally received her letter yesterday morning, I then had the opportunity to review it and respond.
The following response was sent to her yesterday:
Dear Ms. McKenna, M.P.P.,
Much discussion is being had in the public domain since the release of the Provincial Budget earlier this month. As a result of the many cuts that were announced by Premier Doug Ford and his government, citizens and communities continue to voice their concerns over the impact they will see and feel to services they count on and priorities they value. From increasing classroom sizes to slashing funding for indigenous affairs to changes in funding for families dealing with autism, there are many issues of concern.
As Mayor of Burlington, I am focused on the list of things that directly impact our municipal bottom line and represent a downloading of costs to our tax payers. Issues of particular concern to our city involve cuts of over $300K to the Conservation Authority that will hurt flood mitigation strategies and impact public safety, recent Province-wide public health funding cuts which were only disclosed late last week and whose impact (both financial and practical) to our residents is yet to be clarified, and the cancelled promise of incremental gas-tax funding increases which would have helped fund essential transit improvements in Burlington and beyond.
As I said in a previous statement, I am particularly disappointed in the government’s decision to cancel the incremental increases in Provincial gas-tax funding over the next 10 years – a promise that was made by the conservative party during the election campaign as reported in a recent article by the CBC. The related numbers you referenced in your letter are incorrect. I would welcome a discussion with you, myself, and Joan Ford, our Director of Finance, who can furnish you with the correct numbers. For example, your letter referenced transit ridership data from 2013 to 2015, and we have already seen increased ridership from 2016-2018 that add new context to this issue. The gas tax increase from 2% to 2.5% would be enough to fund one additional bus purchase each and every year: a substantial impact to our city.
While the Council of the City of Burlington acts prudently and does not budget for any upper-level government transfers promised during election campaigns, federal or provincial, we do get them consistently every year and they amount to millions of critical dollars (originally collected from our own tax payers) being delivered back to us so that we can reinvest in our city’s infrastructure and services. Over the past week, I have spoken with Mayors in neighboring municipalities who share our concerns and we are now discussing a joint response.
Health, the environment, transit and infrastructure are not the places to be making cuts. Ultimately these decisions will download millions in costs to municipalities and their tax payers in order to maintain the services they’ve come to count on.
Once again, I would welcome a further discussion on these issues in person with myself and my team anytime.
Sincerely,
Mayor Marianne Meed Ward City of Burlington
What did the MPP say to the Mayor? We don’t know yet – Ms McKenna doesn’t send her media material to the Gazette – she doesn’t like the stories we right about some of her public behavior.
By Pepper Parr
April 17th, 2019
BURLINGTON, ON
If you haven’t submitted your application for the job of Burlington’s next city manager – you’ve missed out on the chance to pull in close to a quarter of a million each year + a great pension + a pretty easy work schedule.
Applications closed yesterday afternoon.
The Gazette did a story on the process the city was using to hire the next city manager; a number of our readers had comments from those who looked askance at the process the city appears to be using to hire the next city manager.
 It’s a lonely job at times. Interim city manager Tim Commisso The current interim city manager, Tim Commisso who uses the city manager’s office and uses the city manager’s seat at council meetings – made it clear when he was hired that this was a short term assignment.
It didn’t look that way for a bit. Commisso took to using the title Acting City Manager and during the budget deliberations talked in terms of revising the way reserve funds were being looked at and deployed.
When Mayor Marianne Meed Ward did what in the municipal world was unthinkable – raided some of the reserve accounts to ensure that she came in with a budget that was under a 3% increase over the previous year, Commisso said that in future the finance department would group the reserve funds into a “portfolio” of reserves.
Not a bad idea but not something that gets done in a couple of months. Why was Commisso talking about a very significant and strategically important approach to finance when he has just a few months in his short term contract?
When the Gazette first published a piece on the city manager job posting and asking when the public was going to be brought into the picture we got a notice from the Mayor’s office that there would be a media release issued “shortly”.
That shortly turned out to be the same day – the city issued a statement and included a link to the job posting with a Human Resources recruiting operation that was some distance from a first tier operation had posted.
The Gazette got the information on the 12th for a job posting that was to close on the 16th.
There were a number of things about the statements made and the information released that raised more than an eyebrow and prompted some questions:
 Why did it take so long to tell the public what was being done? This Mayor prides herself on being open, transparent and accountable.
When was the job first posted by the head hunters who were given the assignment ?
The whole process that appears to have been used just doesn’t feel all that right.
The Gazette did reach out to the Mayor a day before we wrote the article asking where things were with the hiring of the new city manager – we didn’t get a reply.
Hopefully, whoever the city eventually hires will tighten up the way things get done at 426 Brant Street.
Related news stories.
When was a new city manager going to be hired?
The job posting was to close five days after the public learned about the job,
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