 By Pepper Parr
June 29th, 2018
BURLINGTON, ON
Round two of the race that will determine who will be Mayor of Burlington on October 23rd, has taken place.
 Ward 2 candidate Meed Ward holds her announcement on a dead end street in Aldershot- she was running for Mayor – was there ever any doubt this would happen? The first round had the Mayor making a statement at a golf club, Mike Wallace held a media event on the sidewalk outside city hall and Meed Ward gathered her tribe at a small dead end street in Aldershot.
The second round had Ward 2 city Councillor Marianne Meed Ward holding a fund raiser at Joe Dogs on Brant Street, the Mayor holding an event at Faraway Indoor Golf on Tuesday and Mike Wallace holding his event at Emma’s Back Porch last night.
Our correspondent reports that “The event at Joe Dogs was great, there was a wonderful buzz and energy in the room. People were excited and happy.”
“There were between 105 and 115 people there, people paid $25 to get in and at times we had lineups at the door. There was a real mix of people – all ages, from all parts of the city, all races and genders, all political stripes. The volunteers and supporters seemed to be proud that Meed Ward was not being backed or funded by any party, riding association, current or former MPPs or MPs.
“It appeared to me to be a real grass-roots bunch.
 Some of the entertainment at the Meed Ward fund raiser. “There were some young ladies doing highland dancing, campaign t-shirts and car magnets were on sale – thy almost sold out on those. Slated to end at 9:30, many hung around much longer than that. This correspondent had work to do at home.
“Meed Ward spoke about over-development, losing retail space, losing greenspace, not enough parking, amenity space, and a lack of affordability. She also spoke about the need for more respect from city hall for residents and their input. She stressed that residents must work together to ensure their best interests are being served which is what she committed herself to do as Mayor.”
Meed Ward has plans for events throughout the city. The next one is scheduled for September 13 at the Polish Hall
Rick Goldring had a good turnout – however he didn’t speak at any length. He mentioned that the city had put up $60 million as its share of the transformed Joseph Brant Hospital. Money had been put into culture and the Nelson pool had been replaced.
Goldring added that tax increases were within inflation rates – which just isn’t true. Inflation hasn’t been anywhere near 4%; tax increases have been above 4%
 Goldring explaining intensification at a 2015 event. Goldring explained that his first term of office was a Clean Up phase but he didn’t elaborate on what it was he cleaned up.
The second term of office was the setting up phase. He made mention of the Strategic Plan and the Official Plan but again he didn’t elaborate on what was important about the two initiatives.
Phase three, implementation of the set up but not a word about what that implementation was going to look like.
Goldring made mention of the city being th best Canadian mid sized city to live in. He did mention that a new listing of the best city’s is due out soon. What id Burlington gets a downgrade?
Mike Wallace chose a small space at Emmas Back Porch and packed the space. Sweltering hot.
Dwight Ryan, a CHCH retiree served as Master of Ceremonies and got the laughs he wanted then introduced Connor Clark, a Nelson high school student who is going to represent students on the Halton District School Board.
Clark was positioned as the vision for the future, the bright young man that was raised and educated in Burlington and after university would come back to Burlington where he could work and raise his own family. The audience, that had very few young people, loved it.
Then Keith Strong took to the podium and gave a run down on the other candidates in the race. He did a superb hatchet job on Meed Ward, made the briefest mention possible of the candidate from Aldershot and cut up the Mayor for his lack of leadership.
Strong was direct in his criticism of Meed Ward. She is disruptive, she creates conflict, she always argues, she isn’t a team player and she promises but never completes, said Strong. Strong words indeed.
After doing a classic political hatchet job on the other three candidates Strong got into what Mike Wallace brings to the table.
 Caroline Wallace Caroline Wallace, who was described as Burlington’s next first lady, took to the podium after Strong and read her speech. She said she wanted to make sure she got it all right. She is a solid, supportive candidate’s wife.
Then it was Mike’s turn – and he didn’t disappoint. After telling people that he was running because Mayor Goldring was not doing the job Wallace then laid out two platform planks.
He said he would ask his fellow council members to support him in creating a larger council and suggested that eight members plus a Mayor for a nine member council is what the city needed.
Then he launched into an idea that will surprise many. Mike told the audience about a place in Toronto called Liberty Village. It’s where the entrepreneurial crowd live and work. Some describe the place as almost like a university campus.
Wallace wants young people to be able to stay in Burlington and work in the city – and a Liberty Village is just the ticket he said.
 The Liberty Village community in Toronto is the place to live and work in Toronto for the younger, hip, entrepreneurial set. Mike Wallace wants some of this t exist in Burlington, He wouldn’t say just where this Liberty Village should/could be built; all he was doing was floating an idea. It wasn’t a bad idea, some complications, but at least there was an idea on the table that was more than Mayor Goldring was offering at his campaign kickoff event.
According to Wallace Tansley Wood was a Wallace invention. He said he was the force behind the creation of the Tansley Wood community centre when he got the city and the province to work together.
 Mike Wallace in full campaign mode. Wallace was brutal when it came to describing the Mayor. “There is no vision” said Wallace but there are growth pressures on Burlington from the province. Places to Grow is a provincial policy but we don’t have to let Queen’s Park just run over us” said Wallace.
“We have to push back at the Regional and provincial levels and this Mayor does not have the ability to do that.”
“There is no vision and there is a lack of pride.”
The kicker was when he asked: Who made the New Street decision.
Wallace said he believes he has a better shot at getting results from Queen’s Park than anyone else running for the job of Mayor.
There is no magic wand in the hands of the Mayor said Wallace. He said he believed a Mayor should lead and not just complain. “The demographics are against us in Burlington” said Wallace. “We have to attract the young people back to the city but right now there is no place for them to live.”
 Randall Reff – The second worst environmental waste deposit in the country is pretty close to home isn’t it Wallace said he was Ok with the new city plan and he was just fine with the mobility hubs/ “But we need someone to do those things.”
Wallace took credit for getting millions spent on the Randall Reef in Hamilton Harbour that was polluting the water in Burlington Bay. He pointed to the $250 million he said he brought to Burlington as the Member of Parliament.
It was a tough, no holds barred campaign speech. The Gazette has never heard Mike Wallace sound this aggressive before. Mike was known for his laugh, you heard the laugh before you saw the man.
He wasn’t laughing Wednesday night at Emmas Back Porch. Mike Wallace wants back in and he is going to give the other candidates a rough ride.
Greg Woodruff, the most recent candidate to file nomination papers has yet to hold a public event.
Meed Ward web site is at: https://mariannemeedward.ca”
Goldring’s campaign web site is at: https://www.rickgoldring.ca/
Mike Wallace web site: https://mikewallaceformayor.ca/
By Staff
May 9th, 2018
BURLINGTON, ON
A few more people met with the city Clerks who accepted their nomination papers and their deposit and placed their name on the list of people who want to represent the public at city hall or on school boards.
Two of the seven members of Council have yet to file nomination papers: Councillors Craven of ward 1, and Councillor Lancaster of ward 6 have yet to indicate they plan to seek re-election.
Ward 3 Councillor Taylor has said he is leaving politics and will not seek re-election.
The Mayor, Rick Goldring has filed his nomination papers. Ward 2 Councillor Marianne Meed Ward has filed nomination papers and will run for he Office of Mayor. Ward 4 Councillor Jack Dennison filed his nomination papers and is actively seeking re-election.
There is a handful of young people with very impressive profiles and experience seeking public office which augers well for the city. There are also a few with little in the way of experience and not much in the way of talent to bring to the table who have filed nomination papers; we are a democracy and anyone who meets the requirements of the Municipal Act can run for public office.
Wards 2 and 3 are going to have active contests and there might well be an active contest in ward 6
Jack Dennison faces a newcomer in ward 4
There are a few more people who have appointments with the clerk next week
The Gazette will provide this report each week day and show the latest nominations in red. There were no new nominations filed during the 4th of May
 Boundaries for each of the six wards in the city. Mayor
Rick Goldring
524 Wicklow Rd., Burlington, L7L 2H8
905-320-3656
Marianne Meed Ward
497 Martha St., Burlington, ON, L7R 2R1
905-335-1899
mariannemeedward.ca
marianne4mayor@gmail.com
Mike Wallace
268 Tuck Dr., Burlington, ON, L7L 2R1
Home phone: 905-639-0185
Fax: 905-634-9822
mikewallaceformayor@gmail.com
www.mikewallaceformayor.ca
Councillor / Regional Councillor Ward 1
No one has filed nomination papers to date.
Rick Craven the incumbent has yet to file.
Councillor / Regional Councillor Ward 2
Kimberly Calderbank
905-719-6989
kimberly.solutions
David Cherry
1312 Hammond St., Burlington, ON, L7S 2C2
289-795-9203
info@davidcherry.ca
https://davidcherry.ca
Lisa Kearns
416-414-5335
kearns_lisa@hotmail.com
lisakearns.ca
Councillor / Regional Councillor Ward 3
Lisa Cooper
1299 Princeton Cres.
Home phone: 905-331-8469
Mobile phone: 289-259-9880
Fax: 905-331-8469
lisacooper1299@gmail.com
Rory Nisan
905-464-7195
info@rorynisan.ca
rorynisan.ca
Gareth Williams
289-635-8994
gareth@garethward3.ca
https://garethward3.ca
The incumbent John Taylor announced that he is retiring after 30 years as a member of the municipal council.
Councillor / Regional Councillor Ward 4
Jack Dennison
3087 Lakeshore Rd., Burlington, ON, L7N 1A3
905-634-7102
Shawna Stolte
shawnastolte@gmail.com
Councillor / Regional Councillor Ward 5
Xin Yi Zhang
electxyz@gmail.com
Paul Sharman
5070 Spruce Avenue
289-337-2297
paul@paulsharman.ca
Councillor / Regional Councillor Ward 6
Angelo Bentivegna
905-973-6923
Angelo.Bentivegna@gmail.com
www.AngeloBentivegnaWard6.ca
Angelo Bentivegna
905-973-6923
Angelo.Bemtivegna@gmail.com
www.AngeloBentivegnaWArd6.ca
Regional Chair
(nominations are filed with the Region of Halton)
Gary Carr
chaircarr@gmail.com
www.garycarr.ca
Halton District School Board Trustee – Wards 1 & 2
The incumbent Leah Reynolds has yet to file nominations papers.
Halton District School Board Trustee – Wards 3 & 6
Andrea Grebenc
905-901-2235
contact@trustandrea.com
www.trustandrea.com
Halton District School Board Trustee – Ward 4
Margo Shuttleworth
289-812-0629
shuttleworth.m.a@gmail.com
https://margoward4.wixsite.com/margoshuttleworth
Richelle Papin
3134 Terraview Ct
904-331-7608
Halton District School Board Trustee – Ward 5
Amy Collard
reelectamycollard@gmail.com
https://sites.google.com/view/reelectamycollard
Collard has been acclaimed in every trustee election she has run in.
Halton Catholic District School Board Trustee
Arlene Iantomasi
772 Old York Rd., Burlington, ON, L7P 4X9
905-516-2691
arlo60@sympatico.ca
Maria Lourenco
905-808-5910
Lourenco4trustee@outlook.com
Conseil scolaire Viamonde
(nominations are filed with the City of Hamilton)
Conseil scolaire catholique MonAvenir
(nominations are filed with the Town of Oakville)
 By Staff
February 21st, 2018
BURLINGTON, ON
 Burlington MP Karina Gould – baby due early in March Burlington’s Member of Parliament and federal Cabinet Minister Karina Gould stood in for the Minister of Minister of Employment, Workforce Development and Labour Patti Hadju yesterday and announced the Canada Learning Bond program that funnels funds into Registered Education Savings Plans (RESP)
The total amount the Government deposits can be up to $2,000. Applying for and receiving the Canada Learning Bond will not affect any other benefits that an eligible child receives.
Through the Canada Learning Bond, the Government will add money to the RESP for an eligible child every year, even if you do not add any money.
An RESP is an education savings account set up with a financial institution like a bank or a credit union, or group plan dealer. The money in the RESP will grow tax free until it can be used for expenses related to their studies in:
 Apprenticeship programs
Colleges
Trade schools; or
Universities
The announcement was made at The Centre for Skills Development and Training.
By Pepper Parr
December 26th, 2017
BURLINGTON, ON
 ECoB – Engaging Citizens of Burlington got off to a pretty good start.
There is some money in the bank, the web site is up and running – plans are being put together for a crowd funding page.
All good – and then – nothing or not very much.
In our travels we meet with people who comment on what is taking place in the city – the good stuff, the not so good stuff and the inevitable question: Is she going to run?
Of course she is going to run. Even if they took all her high healed shoes away from her, Marianne Meed Ward would still run for the office of Mayor in October of 2018 – ten months away.
But we digress.
Some of the more serious minded people who are firm in their belief that the city needs a strong citizen based organization ask if the people who got ECoB off the ground are going to be able to give it the momentum it needs.
The group seems very small – are there new people becoming part of the core team?
We were told there is a bigger picture and that the intention to appeal the city council decision to approve a 23 storey tower opposite city hall is not their sole reason for being.
There has been a bit of a timing glitch and any appeal has to be done under the newly created Local Planning Appeal Tribunal (LPAT) which replaces what we knew as the Ontario Municipal Board.
The appeal application is the matter that is on the ECoB front burner right now.
What is being done to reach out to people in the wards that are not part of the downtown core?
When Lisa Kearns took to the lectern at the December 13th meeting she told the audience that they “had to do their homework” and there is a lot of it to do.
 ECoB has a very well designed web site that set out he events their membership needs to pay attention to – the response to the web site has not been overwhelming – to be fair it was launched in the middle of the biggest holiday season of the year. Understanding just what the issues are is the starting point and then stick handling the appeal application as well as building ECoB so that it reflects all of Burlington and not just the downtown core.
At this point the leadership team is three people – the founder spends much of her time in Florida and the co-founder is experiencing some health issues and isn’t going to be as available as he would like to be.
This leaves the organization in the hands of Lisa Kearns, Dania Thurman and Penny Hersh.
Kearns is the conceptual thinker – she fully understands the issues. Thurman is the social media leader who got the web site up and running and is ready to move on the crowd funding level once the holidays are behind them.
Penny Hersh is doing community outreach and is handling the funds that have been raised.
It is going to take far more than these three very capable woman to make this work.
A few people have complained that ideas they have sent the ECoB have not been responded to – that could well be because the team in place at this point is run ragged.
 Is it a doomed project that is going to get tangled up in a bureaucratic quagmire where assets slide down a drain rather than into concrete. The organization has to be both advocates for change, the organization that leads in the education of the public and at the same time do the strategic thinking that is vital.
They have to work with a city hall bureaucracy that many feel has a tin ear and is not capable of listening to the citizens. They have to cajole the existing city council into learning to do things differently.
They have to contend with a developer community who may see projects delayed, their costs increased and disruption to plans that have been in development for some time. Many believe that every piece of property on the east side of Brant Street south of Fairview has either been acquired by a developer or is under an option. There are huge amount invested by the developers and they don’t like to lose. Burlington has been very good for the development community for a long time.
There was a time, about twenty five years ago when the city had a very strong active community group. It worked very well for a period of time but then interest fell, the urgency was gone and it just dried up.
 Two planners, and a Carriage Gate vice president at the first Carriage Gate development public meeting. From the left: Robert Glover, Ed Forthergill and Mark Bales When the 421 Brant project was first put before the public there was very little in the way of objections. At the public meeting held at the Art Gallery there were people asking when they could make deposits.
Some very solid, credible planner spoke of the project with sound explanations as to why Brant Street had to become the “spine” of the city.
When the project got to the Planning and Development committee there was one lone delegation opposed to the project.
Yet when it got to city council where it was approved on a 5-2 vote, the ward Councillor and the Mayor were opposed – there is a dynamic behind those two no votes that needs s bigger understanding – citizens, especially those in the downtown core were almost taking to the streets.
 Residents at the first ECoB public meeting. This shift in opinion and the opposition to the project grew very quickly and caught everyone off guard. It took on a life of its own and now, assuming the appeal is successfully filed a large city shaping development will be put on hold while close to half a million dollars gets spent on legal fees and support from the professionals.
Woven into all this and at the same time feeding it, is a community that is finding its voice while the members of city council prepare to move into election mode.
To add to the mix is the fact that the province changed the turf on the playing field creating a shorter period of time for election campaigning to take place and put new rules into effect on where campaign money could come from.
 Meed Ward with Mayor Goldring. That dynamic between the two city council votes opposed to the project – the ward Councillor and the Mayor, is underscored by the fact that the Mayor has already held his “I am running again” announcement – some thought he was offside on that decision. The only thing Marianne Meed Ward has not done is announce that she is actually going to be a candidate for Mayor.
She has been eyeing the Chain of Office the Mayor wears since the beginning of her first election campaign in 2010 for the ward 2 seat.
Human nature is complicated and in the world of politics anything can happen.
The creation of a city wide citizen’s organization will be a little like trying to herd cats. Each local organization has its own agenda and it will take some gifted ECoB leadership to recognize the individual community group needs and at the same time see, if not create, the bigger picture.
If ECoB can find the oxygen to survive we will see more of them in the New Year. The milieu within which they have to work is daunting.
By Pepper Parr
November 26th, 2017
BURLINGTON, ON
Will the meeting in the Party Room at Buntin’s Wharf Saturday afternoon be seen as the event that changed the way Burlington citizens relate to their elected officials?
 Jim Young chairs the founding meeting of ECOB – Engaged Citizens of Burlington. Just 25 people – but they are determined to make a difference, Just over 25 people met in a building that changed the way the downtown core looked 15 years ago. Buntin’s Wharf, a 14 storey condominium was completed in 2004 – it is part of a collection of condominiums that changed Lakeshore. The people in those buildings – there are five of them don’t want to see much more in the way of high rise development in the downtown core – they would like to see it take place a little further up Brant Street.
It was a chilly afternoon with the Festive Season lights up in Spencer Smith Park. Many of the people who attended were there to find out if this group was real. “I’m here and will be reporting back to my friends who care about what happens downtown”. The people who attended take great exception to the city saying that they truly engage the citizens – they see what the city does as “something of a disgrace”. “When we delegate they just sit there and listen – and seldom ask questions of us. It’s insulting was the way one person described what she had gone through.
The wrong height and in the wrong place was the view of a group – ECOB – that plans to appeal the 5-2 city council approval of a 23 storey tower opposite city hall. It didn’t take long for the direction this group wanted to go in – they had named themselves Engaged Citizen of Burlington – took on the acronym ECOB – elected a set of officers – there will be seven of them.
Resolved to be incorporated by the end of the week, open a bank account and deposit the $5000 they raised on the spot in less than ten minutes.
They put in place a social media pro who headed up the very successful drive Central high school parent drive to keep their school of the to be closed list.
They set up three sub committees – one to take the 421 Brant Street development to the OMB – they expect to file papers at city hall for that initiative very soon – they are fully aware of the ticking clock.
The ECOB people have a bigger agenda – they want to create a city wide residents association that wants to change the way city hall makes development decisions and be a force that holds city council accountable to the people that elected.
This group has had it with this council. “They don’t listen” was the refrain heard again and again.
This is not a group of wild eyed NIMBY types.
There was some very smart talent in the room. When discussion on the incorporation was going on – one of the participants was on the phone to a local lawyer – “he’s in” she said and with that the process of incorporation had begun.
They had financial commitments before they had a treasurer in place. One participant said he came to the meeting with a cheque in his pocket – he just wanted to know who to make it out to.
One of the team briefed them on the “Bay Street lawyer” who was in the process of doing a “conflict review” to ensure that they could represent the group before signing on.
What is it going to take financially – they seemed comfortable with raising $100,000. One of the sharper minds in the room told the group that money wasn’t the issue – that will come – setting out what it is we want is where the attention has to be paid.
Another participant asked: What is it we want the OMB to do – no point in taking our argument to them until we are focused on the objective.
“We can’t just ask the OMB to stop the development” said one participant.
The developer has a 12 story approval on one piece of the properties assembled – “we aren’t going to see anything less than that.
Mediation got talked about – arbitration got talked about. They all realized they had a tough row to hoe – but they were in for the long haul.
The ward Councillor who was not in the room – they didn’t want here there. They don’t want their organization to be seen as a front for a member of council.
There were some very savvy people in the room – they asked that they not be individually identified at this point.
The discussion between the 25 people was a model that city council could emulate.
 Jim Young – the man who did one of the best delegations this city has ever heard. Jim Young, an Aldershot resident chaired the meeting, filling in for Susan Goyer who appears to be the one who got the ball rolling a number of weeks ago. She was in Florida.
Assuming these people get their OMB appeal filed within the deadline – development decisions downtown are going to be different.
 By Staff
November 18, 2017
BURLINGTON, ON
The provincial Ministry of Government and Consumer Services charged a Burlington contractor for unfair practices that took place in September of 2014 – a conviction was handed down in provincial court recently.
 Provincial Court – Burlington. Justin Smith, operating as D & S Electrical Contractors accepted a deposit to supply and install a generator at a consumer’s residence. Work commenced, but was not completed and the generator was never delivered or installed.
On September 21, 2017 at the Ontario Court of Justice in Milton by Justice of the Peace Paul Welsh imposed the following against Mr. Smith:
• Payment of $7,500 in restitution to the consumer
• Two-year probation with terms of restitution, a reporting requirement and reporting an address change
Consumer Protection Ontario suggests deposits should be no more than 10% of the estimated cost.
By Pepper Parr
October 2nd, 2017
BURLINGTON, ON
The process a development proposal has to go through is complex – there are dozens of hoop a developer has to go through and each step is expensive.
The developer is at significant risk – they are putting their money on the line and every penny is lost if they don’t get the approvals they need.
The large 20 storey plus projects draw a lot of attention. The smaller developments raise the ire of the neighbourhood they are to be built in but they don’t get the exposure the big ones get.
The city is compelled to grow its population. The province dictates the growth level and the Regional government does the fine tuning that decides how many more people are to be housed in a community or how many new jobs are to be created.
Burlington has focused on the residential development – the Economic Development Corporation does entice some new jobs to the city – but we aren’t celebrating that many new jobs.
There is a development in ward 5 that is drawing a lot of attention in that part of the city.
 The level of intensification is evident in the drawing. The developer is seeking permission to construct 22 residential dwelling units consisting of 8 semi-detached residential dwelling units and 14 townhouse units on Upper Middle Road where five properties have been assembled. These lands are hold outs from the previous subdivision development that surrounds these properties. These lands are located on the north side of Upper Middle Road, east of Appleby Line. The total area of the development is approximately 0.5 hectares (1.23 acres).
To the north of the subject properties are low density (single detached) residential dwellings; to the east are low density (single detached) residential dwellings; to the south is a high school and vacant employment lands (Bronte Meadows); and to the west is a stormwater management pond and a townhouse development. Description of Applications
There was a community meeting in May of this year –comments from that meeting appear below.
The meeting taking place at city hall tonight is a Statutory Public meeting – something the city is required to hold. It gives the public an opportunity to express their views on the suitability of the project.
The report will be received and filed and then be brought before the Planning and Development Committee on October 10th where the real debate takes place. Then it goes to city council where a final decision is made.
The purpose of the report that will be presented Monday night is to provide background information for the statutory public meeting required under the Planning Act for Zoning By-law amendment applications.
The report provides an overview of the proposed application, an outline of the applicable policies and regulations and a summary of technical and public comments received to date.
 The report sets out the start of the “ticking off” of the boxes.
The report relates to the following objectives of the City of Burlington Strategic Plan:
A City that Grows
Targeted Intensification
Higher densities in key intensification areas (including mobility hubs, downtown, uptown and along major roads and commercial plazas) that will build neighbourhoods that are environmentally friendly, infrastructure-efficient, walkable, bikeable and transit-oriented.
Focused and Directed Population Growth
A City that Moves
Increased Transportation Flows and Connectivity
A Healthy and Greener City
Healthy Lifestyles; every resident of Burlington lives within a 15-20 minute walk from parks or green spaces.
All these are set out in the Strategic Plan the city spent more than a year creating and putting in place. That Plan is a hoop that has to be gotten around if not over.
The application got to the Planning and Building Department on May 4, 2017 to permit 22 residential dwelling units consisting of 8 semi-detached residential dwelling units and 14 townhouse units. The townhouse block includes three separate buildings ranging from four to six units.
The semi-detached dwellings are proposed to be freehold units fronting directly onto an extension of Georgina Court. The townhouse units are proposed to be condominium units that would front onto an internal condominium road that would be accessed from the Georgina Court extension. The townhouse condominium is proposed to include five visitor parking spaces. The townhouse blocks will have access from the proposed internal lane; however, the southern blocks would have frontage and pedestrian access directly to Upper Middle Road.
Technical Reports
Another set of hoops that had to be gotten through included a Cover Letter, Zoning By-law Amendment Application, a Conceptual Site Plan Layout, a Planning Justification Report, an Urban Design Brief, a Building Height Certification, a Noise Impact Assessment, a Traffic Brief & Parking Study, a Functional Servicing & Stormwater Management Report, an Environmental Site Screening Questionnaire; a Land Use Compatibility Assessment, a Phase 1 Environmental Site Assessment, and a Tree Inventory and Preservation Study.
The application along with these materials have been circulated to various departments and agencies for technical review.
The next set of boxes that are going to have to be ticked off are various policy framework documents. The proposed Zoning By-law amendment application is subject to the following policy framework:
The Provincial Policy Statement (PPS), 2014;
Places to Grow, Growth Plan for the Greater Golden Horseshoe, 2017;
Halton Region Official Plan;
City of Burlington Official Plan, Orchard Community Secondary Plan
City of Burlington Zoning By- law 2020.
 Provincial policy determines what a municipality can and must do. The subject lands are designated in the zoning bylaw as Residential – Medium Density.
According to the Residential Areas policies, residential areas are intended to provide housing and other land uses that are part of a residential environment, and may take forms ranging from detached homes to high-rise apartment structures.
One of the objectives of the Residential designation is to encourage new residential development and residential intensification within the Urban Planning Area in accordance with Provincial growth management objectives, while recognizing that the amount and form of intensification must be balanced with other planning considerations, such as infrastructure capacity, compatibility, integration with existing residential neighbourhoods, and protection of the natural environment.
 This is what most of the Orchard community is today. Another objective of this designation is to provide housing opportunities that encourage usage of public transit, pedestrian and bicycle transportation networks and decrease dependence on the car. The designation also encourages the integration of a wide range of housing types and tenure, while requiring new residential development to be compatible with surrounding properties.
 OLYMPUS DIGITAL CAMERA Medium Density designation, either ground or non- ground-oriented housing units with a density ranging between 26 and 50 units per new hectare shall be permitted. Within the Orchard Community, there are site specific policies which permit the following housing forms within the Residential – Medium Density designations: townhouses; street townhouses and stacked townhouses; semi- detached, duplexes, three-plexes and four-plexes. This designation also permits detached dwelling units up to a maximum of 15 percent of the total housing mix on each property.
Draft New Official Plan
The city has been working on a new Official Plan that was presented as a Draft document on April 6, 2017. The document communicates Council’s vision and establishes strategic priorities for the City’s growth management, land use and infrastructure.
 The draft new Official Plan designates the subject lands as Residential Neighbourhood Areas, and more specifically Residential – Medium Density. The Residential Neighbourhood Areas are intended to provide for housing and other residential supportive land uses that are part of an urban residential environment. New residential housing within the Residential Neighbourhood Areas shall be accommodated primarily through infill or intensification, of existing areas, where compatible.
On lands designated Residential – Medium Density, ground and non-ground oriented dwellings including single-detached and semi-detached dwellings, townhouses, street townhouses, stacked townhouses, back-to-back townhouses and low-rise residential buildings may be permitted. Lands within this designation shall be permitted at a density of 26 to 75 units per net hectare,( it was 26 and 50 in the current Official Plan) with a maximum height of three storeys for ground- oriented dwellings and four storeys for non-ground oriented dwellings.
Draft new Official Plan policies were brought to the public and Council for consultation over the spring and summer of 2017. The draft new Official Plan is scheduled to be presented to the Planning and Development Committee and Council in the fall of 2017 for adoption.
Orchard Community Secondary Plan
The Orchard Community Secondary Plan final report, dated February 1995, identified three key elements of the community structure as the transit corridors, residential neighbourhoods and a connected open space system. At the time, the Orchard Community was expected to develop at generally higher densities than those found throughout the existing suburban areas of Burlington.
 The subject lands are located in the southern portion of the Orchard Community and were identified as Residential – Medium Density. In Medium Density Residential areas, either ground or non-ground oriented housing units with a density between 26 and 50 units per hectare shall be permitted. This designation permits housing forms such as street, block and stacked townhouses, semi-detached, duplexes, three-plexes and four- plexes. The designation also permits detached dwelling units up to a maximum of 15 percent of the total housing mix on each property.
City of Burlington Zoning By-law 2020
5219 Upper Middle Road is currently zoned ‘Development (D)’, while the remaining properties subject to this application are zoned ‘Medium Density Residential (RM3-138)’ with a site specific provision. The ‘D’ zone only permits a single detached dwelling. The ‘RM3’ zone permits a variety of dwelling types from a detached dwelling to an apartment building, as well as a retirement home or community institutional use. The site specific provision applying to the vacant parcels (138) sets out zoning regulations for detached dwellings, semi- detached dwellings and street townhouse dwellings, and limits a maximum of 15% of the total of all dwelling units located within all lots and blocks zoned ‘RM3-138’ to be detached units.
The applicants are proposing to amend the Zoning By-law by changing the zoning of the subject properties from ‘D’ and ‘RM3-138’ to a site specific ‘Orchard Community Residential to permit the proposed semi-detached and townhouse development.
Technical Review
On May 5, 2017, staff circulated a request for comments to internal and external agencies, including Halton Region. Agency comments will be addressed in the subsequent recommendation report.
Burlington Economic Development Corporation (BEDC):
BEDC has no comments.
Halton District School Board (HDSB):
HDSB has no objection to the proposed application, as submitted.
Halton Catholic District School Board (HCDSB):
In response to the application which seeks to permit the development of 8 semi- detached and 14 residential townhouse units, the HCDSB has no objection.
Parks and Open Space:
Adequate parkland is available to accommodate this development as Brada Woods Park and Orchard Woodlot are located within the 0.8km distance for a neighborhood park and the 2.4km distance for a community park. As such we recommend cash-in-lieu of parkland dedication be applied for this development.
We note a driveway in the east side of the proposed development. This driveway is immediately adjacent to the existing service road/walkway access around the storm water pond facility. The city will not permit snow to be deposited on the storm pond lands and or trail. We would recommend a buffer between the development and the city storm water facility be incorporated to ensure there is space for snow disposition. We will also require a chain link fence be placed on the city side of the property line. Please note gate opening through the fence will not be allowed.
Site Engineering:
Prior to providing a recommendation, Site Engineering requires further information to be submitted for review.
Finance Department:
Property taxes must be paid in full, including all installments levied.
Transportation Planning:
Transportation Planning has reviewed the Transportation Brief for 5219 Upper Middle Road & 2004-2005 Georgina Crt and is satisfied with the Conclusions.
In response to feedback received at the neighbourhood meeting (May 23rd 2017) regarding the potential for a traffic signal at the intersection of Quinte Street and Upper Middle Road, Transportation Services staff conducted a traffic signal review for this location. Based on the traffic data available for this intersection (taking into account the estimated number of trips proposed to be generated by this development in the AM and PM peak hours), it was determined that a traffic signal is not warranted.
City Forestry / Landscaping:
Urban Forestry has no objection to the rezoning of this site. Additional tree planting should be provided where possible, and tree and landscape planting on site should be carefully considered within the context of the site.
Halton Region:
Regional staff has no objection to the above noted application, subject to the provision of a holding provision, until such time that as servicing and environmental matters have been addressed to the Region’s satisfaction.
All the boxes up to this point have the tick in the box.
That’s how intensification development gets done.
 The developer took this … It was done in the Queensway where six properties were turned into 58 housing units.
 … and put up this. The Burlington that once was – isn’t going to be for much longer.
Not really very much that can be done to prevent it.
By Staff
August 25th, 2017
BURLINGTON, ON
The Regional police thought that most of the scams took place in Oakville but decided to cast the net a little wider and are asking Burlington residents if they have had any dealings with a male who was arrested and charged with:
Fraud Under $5000 x 9
Fraud Over $5000 x 1
 Halton Regional Police are seeking the public’s assistance to speak with Burlington residents who may be victim’s and had contact with Elwood Bowler on their property to complete eaves trough repair, tree cutting, roofing or other home maintenance.
Police are investigating one known occurrence in the City of Burlington and believe there may be more victims who paid for contractor services they did not receive. Bowler generally targeted older adult home owners in Halton Region.
The arrest was the result of a seven month fraud investigation involving a male posing as a handyman.
This male canvassed his victims by traveling door-to-door and offering such services as eaves trough cleaning and offering to conduct miscellaneous work such as chimney repair.
On multiple occasions this male retained cash deposits for the promised jobs which he failed to complete. This male generally targeted the older adult population.
On August 23, 2017 Elwood BOWLER (54 years) from Toronto was arrested and charged.
Anyone who may have information pertaining to this investigation is asked to please contact the Elders Investigator, Detective Constable Tim Nichols at 905-825-4747 ext. 2214.
 By Staff
April 24th, 2017
BURLINGTON, ON
There is a reason media tend not to pay attention to news releases that get sent to us.
For the most part they are filled with information that stretches the truth and stays miles away from the issues. They seldom answer the questions people have on their mind.
 We got the following from the Burlington Herd, Burlington’s entry in the InterCounty Baseball League.
The team got taken out of the playoffs at the quarter final level with just the one win.
Thank you. You made this season special.
You increased average attendance by 26%. You made the Barn (Nelson Park) one of the most amazing atmospheres in the league. You are the reason our staff loves what they do and work so hard to make the Herd what they are.
Our 2018 season starts today and we have some big events and announcements planned for next year. Which is why we are already planning improvements to the ballpark, recruiting our roster, updating our ticket plans and more for the Intercounty Baseball League’s 100th season.
We are overwhelmed with the number of new fans we met this summer that have become hooked with Burlington Herd Baseball that we have decided to take season ticket deposits!
I can promise you that our owners and staff are 100% dedicated to making Nelson Park and Burlington Herd games the most unique and fun experience in the region.
What does one say to that?
 No mention of who did well for the team. No mention of the better players and no humbleness whatsoever on the really poor performance during both the season and the playoffs.
One can say that someone has to be last. Guelph saw that coming their way and suspended operations for the season.
IBL players do not get paid a salary and there are serious limits on what they can accept in the way of gift money. They do get travel money.
Revenue for the teams comes from ticket sales, sponsorship’s, food and beverage revenue. Anyone owning a baseball team has an expensive hobby.
A good team will draw a local audience – and a good team is a winning team. The Barrie Baycats lost just two games during the regular season and there is every reason to believe they will take the finals in four games straight. If that happens this will be the fourth year they have done just that.
What came to Burlington as the Twins in 2011 later became the Bandits and then became the Herd.
No word yet on if the coaching team is going to be invited to return.
By Staff
July 28, 2017
BURLINGTON, ON
In the last week Halton Regional Police Service have seen another variation of the commonly known CRA scam.
Victims are being told that they have outstanding debt with the CRA and in order to avoid arrest they are now being directed to local “BITCOIN” ATM machines to deposit cash funds into anonymous digital wallets, thinking that they are paying off the alleged debt and avoiding arrest.
Investigation into one such digital wallet revealed that 17 deposits had been made in one 24hr period, with an equivalent amount being $11,900 dollars USA. The source of all these deposits is not known, but police suspect they are all victims to fraud related scams.
Many people will have no idea what a “digital wallet” is. The cardinal rule is that if it doesn’t sound right to you – then it is probably wrong. If in doubt – don’t.
The Halton police would like to again warn the public about the CRA scam and remind them that the CRA would never ask for payment to be made through gift cards or Bitcoin and would never use the phone as a first point of contact when dealing with clients.
If contacted by the CRA in such a manor police recommend hanging up the phone, and if in any doubt to source the true number for the CRA and make your own enquiries about the status of your account. Do not call the caller back on any phone numbers that they themselves have provided you.
By Pepper Parr
April 5th, 2017
BURLINGTON, ON
It was the same room, basically the same crowd three years later, but the mood was a lot different.
Last week the Carriage Gate group told the public what they had in mind for the corner of Brant and James Street – across the street from city hall.
They set out a number of charts and large blow ups at the front of the room of the 27 story tower they wanted to build – one got the impression that the developer was going to talk about the project. Everything seemed to be out front.
Three years ago the Adi Development Group was in the same room. There were no large blow ups of the project they were about to explain to the public and the audience was in no mood to listen. That project kept going downhill from the moment the architect began to explain the project and is now before the Ontario Municipal Board.
 Twenty seven storey’s high – directly across the street from city hall. The mood was so positive that if the Carriage Gate people had had some sales agreements on the table there were people in the room quite prepared to sign on the dotted line and put down a deposit.
There were some who thought it was a “terrible” idea and the issue of traffic and parking reared its head. Burlington and cars have always had an awkward relationship.
Ward 2 Councillor Marianne Meed Ward, who is no fan of tall buildings, got the meeting off to a decent start. The Mayor and ward 3 Councillor John Taylor were on hand along with a couple of other people from the city’s planning department.
 Four mobility hubs are in the planning process. The plan appears to be to focus on the downtown hub first. The public got to hear about the group that has been created to study and develop the concept of “mobility hubs” – something that has become the most recent buzz word for planners.
Kyle Plas, the senior city planner on this project explained where the project was from a planners perspective and took the audience through the process of getting it before city council where a decision is made.
Carriage Gate is looking for both Official Plan changes and zoning changes. This project would come under the existing Official Plan which is now more than 20 years old and as Mark Bayles, the Carriage Gate manager who would be overseeing the development of the project, explained in his opening comments “the existing plan no longer reflects where development is going.
From th left, Robert Glover, an urban planner, Ed Fothergill, planer and Mark Bales, project manager with Carriage Gate Carriage Gate has assembled a solid team to shepherd this through the approvals process.
Ed Fothergill, a planning consultant who has advised on many of the Molinaro projects and was the advisor to the Carriage Gate people on this project explained the planning environment that everyone has to work within.
 Policy documents that set out the rules planners have to work within and comply with. It includes the provinces Provincial Policy Statement in which the province sets out where the growth is going to take place; the Greenbelt policy, which for Burlington means the Escarpment and The Big Move which is the framework that the GO transit people work within out of which comes the mobility hub concept.
The GO train service west of Toronto is going to be improved to 15 minute service and eventually it will be electrified.
The improvement in GO frequency is intended to get cars off the QEW and handle the expected population growth.
 Close up of the Brant street side of the building. The city wanted smaller shops at the street level; the developer had no problem complying. The restaurant on the site is to be included in the building. Many in Burlington don’t like the idea of growth – but the population of the city is going to grow – the province has said that is what is in the cards, and because we can no longer grow out, – there isn’t much more left for development within the urban boundary for new development the growth will be up, not out. Thus the high rise.
Given that there are going to be buildings in the 27 story and higher range where should they go?
Robert Glover, an architect and planner with the Bousfields, a community planning firm that has handled some of the more impressive developments in Ontario gave the audience his take on how Burlington and high rise buildings are going to learn to live together.
 Tall buildings in Burlington tend to be away from the downtown core and on either side of Brant Street. He explained that Burlington has a lot of tall buildings – mostly in the 8 to 12 storey range that are set out in different parts of the city with a concentration along Maple Avenue.
Glover said his view was that with buildings all over the city Brant Street was sort of an orphan with very little that would attract pedestrian traffic. The view he put forward was that Brant needed to become the spine that buildings would be anchored along. The Carriage Gate project was to be the first. The development that is known at this point by it’s address – 421 Brant – they have yet to release the name for the project.
 The view from the corner of John and James. Glover set out how he thought the city and the high rise development that is on its way would evolve. Brant Street would become the spine on which development would be anchored. The Street would have one of the four mobility hubs at the bottom one block to the east and a second mobility hub at Fairview – a part of a block to the east.
The public in general doesn’t know all that much about mobility hubs – the city has planned a public meeting for April 12th where people can get to meet the Mobility Hubs Team.
The houses in the city are now so expensive – we are seeing $1 million homes in what are described as normal suburban communities.
 Nick Carnicelli The principles in any development seldom take to the stage. They sit in the audience and listen carefully trying to get a sense of the audience and how they feel about the project that is being explained. Nick Carnicelli sat off to the side and seemed satisfied with the way the meeting had gone.
He had every reason to feel satisfied – his people had put on a good presentation; they answered all the questions and didn’t duck any of the issues.
Parking seemed to be the one that bothered people the most. The plan presented called for 183 parking spots; one for each unit in the building. If there is going to be a problem with this project that is probably where the city will ask for changes. The design calls for four levels of parking.
 By Pepper Parr
March 28, 2017
BURLINGTON, ON
In June of 2016 Justice Gibbons handed down his decision on the law suit between the Burlington Air Park and the city of Burlington. The decision rendered by Justice Gibson on the Air Park case is 50 pages in length.
 The 200 acre Air Park property where 2,000,000 tonnes) of land fill was dumped without a site approval plan from the city. An appeal of that decision is to be heard at the Ontario Court of Appeal at Osgoode Hall in Toronto. A small band of people from the northern part of the city are expected to attend and hear what the Appeal Court has to say.
The city has asked the Appeal Court to uphold Justice Gibbon’s decision.
At issue was an ongoing dispute between Airpark and the City with respect to fill operations conducted by Airpark at the Airport. Between January, 2008 and August 2013, Airpark allowed and profited from the deposit of over 500,000 m3 (approximately 2,000,000 tonnes) of land fill at the Airport.
On May 3, 2013 the City served Airpark with an Order to Comply with its ByLaw. The Airpark did not accede to the order and asserted that it did not need to comply because its fill operation was under federal, not provincial, jurisdiction.
On November 13, 2013, Murray J. ruled against Airpark on the constitutional division of powers issue, and on June 11, 2014, the Court of Appeal for Ontario upheld this ruling.
 Vince Rossi at a community meting held in a barn a couple of hundred yards from the end of one of the airport runways. The Air Park and the city sued each other again when the Air Park failed to apply for a site plan approval.
The city was seeking two orders:
a) a mandatory order requiring the respondent Burlington Airpark Inc. to remove all fill deposited on the site between January 1, 2008 and August 2, 2013 except for soil underlying existing runways and hangars;
b) in the alternative, a mandatory order requiring Airport to file an application under By-law 64-2014 for the 2008-2013 work carried out before By-law 64-2014 had been passed and while the prior By-law 6- 2003 was in effect (the latter by-law having been since repealed in its entirety);
c) an order continuing the terns of an order made by Miller J. on August 2, 2013 respecting the deposit of fill at the Airport;
d) costs on a substantial indemnity basis; and,
e) further and other relief.
Justice Gibson granted the city its application in part.
Airpark, in contrast, seeks an order dismissing the City’s application,
It is the Appeal of the Justice Gibson decision that will be heard on Tuesday.
 By Staff
December 15th, 2016
BURLINGTON, ON
They come in at the rate of about 5 to 10 a day.
The scams – the attempts to dupe people out of their money – playing on that level of greed we all have. This time to angle is to convince you that the United Nations (can’t do much better than that in terms of legitimacy can you?)
 Here was the attempt to learn enough about you identity so they can drain your bank account:
We wish to inform you that the United Nations (UN) has authorized us to remit to you a total amount of Five Hundred Thousand United States Dollars for humanitarian work in your country after the United Nations Summit For Refugees and Migrants held in New York, United states on 19th of September 2016, your email address were nominated among the World email Database in your country as one of the United Nations coordinator in your country.
Your Cash amount was paid out to us by the United Nations, and they have successfully succeeded in depositing your whole funds with us here at Western Union in Italy or payment through our correspondence bank.
They have now ordered us to take full responsibility in the transfer process of your funds and thus commence the immediate remittance of your funds to you. Please find link herein for your perusal https://refugeesmigrants.un.org/summit
Be duly informed that because of our Western Union transfer policy, your funds will be paid to you via our Western Union Daily Transfer limit of $4,400.00 USD. This means that you will Continuously receive a daily amount of $4,400.00 USD, and this amount Can be collected from any of our numerous Western Union outlets in your current location.
To begin the claim process of your daily payment as stated above, kindly furnish us with the following;
Full Name:
Address:
Phone Number:
Upon the receipt of the above mentioned details, your first transaction will be activated and we shall then proceed to provide you with the Money Transfer Control Number (MTCN) for the First installment and we will continue to email you others after 12 hours of receiving each payment.
For more information on your payment status: Contact Person James Mazzini For Dario Pellizzari OR call our 24 hours Helpline @ +39 3511564018, for any inquiries on the above message.
Once these thieves get just some basic information they will pick every inch of skin off your bones. Id it looks to good to be true – it’s because it isn’t true. Be vigilant!
Related story:
Just how they operate.
By Staff
November 8th, 2016
BURLINGTON, ON
We now know what the City Solicitor told members of city council when they went into closed session yesterday afternoon.
The Ontario Superior Court of Justice has ordered Burlington Airpark Inc. to pay City of Burlington court costs in the amount of $118,327.53.
 The Air Park corporation dumped tons of land fill on their property to level out the land and in the process earned thousands of dollars in fees collected for permitting the land fill on the property without an approved site plan, The black line indicates the boundary of the Air Park property. The cost award is related to the June 30, 2016 decision of the Ontario Superior Court of Justice in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the city’s bylaw.
With the court ruling, the Airpark was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before Aug. 31, 2016 and has now been ordered to pay the city’s court costs on a substantial indemnity basis.
 Heavy construction equipment parked on a 30 foot + hill 50 yards from the kitchen window of the Sheldon property on Appleby Line next door to the Air Park landfill operation. Many thought the overnight parking of the equipment overnight was intimidating An appeal by Burlington Airpark Inc. to the June 30, 2016 judgement in favour of the City of Burlington is scheduled to be heard by the Ontario Court of Appeal on March 28, 2017 at Osgoode Hall, 130 Queen St. West in Toronto.
The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.
This is getting to be a very expensive experience for the Air Park and almost a profit center for the city. This is not the first time a Court has ordered the Air Park to pay the city very substantial costs.
 By Pepper Parr
October 23, 2016
BURLINGTON, ON
Here we go again.
The Burlington Air Park appeal of a Superior Court decision handed down June 30, 2016 that found in favour of the City of Burlington is scheduled to be heard by the Ontario Court of Appeal on March 28, 2017 at Osgoode Hall, in Toronto.
 Truck load after truck load was dumped on the air park property without site plan approval. What will the Appeal Court have to say and will that be the end of this story? On June 30, 2016, the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the city’s bylaw. With the court ruling, the Airpark was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before Aug. 31, 2016 and was also ordered to pay the city’s court costs.
The Air Park has submitted a site plan that has yet to be approved.
 Dumped on the land illegally the neighbour wonders if the landfill will ever be removed. The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.
By Staff
September 19, 2106
BURLINGTON, ON
The Gazette slipped a little on this one – the city issued a media release early in August; it took a little time to get caught up.
Here they go again – the Airpark has decided to appeal the Judgement handed down by Justice M. R, Gibson who, on June 30th sided with the city that asked the Court to compel the Airpark to comply with a city bylaw that required them to file a site plan.
The Airpark has dumped tonnes of landfill on the 200 acre air park property as part of a process to level out the land for future development.
The city had been battling this situation since 2013 when the Gazette first brought to city halls attention that trucks were rattling up and down Appleby Line with loads of landfill that was being spread on the property.
 Trucks loaded with land fill that no one really knew where it came from worked for months without any intervention from the city. A Gazette story put the issue on the front burner. At the time the Air Park argued that they came under federal jurisdiction and did not have to comply with municipal bylaws. That argument got shot down when Justice Murphy said that the Airpark did have to comply with city bylaws on those part of the Airpark that were not runway or taxiway features.
The Airpark appealed the Justice Murphy decision – that appeal lasted less than an hour – the Airpark appeal was dismissed and they were required to pay the city’s legal costs.
Heavy construction equipment parked on a 30 foot + hill 50 yards from the kitchen window of the Sheldon property on Appleby Line next door to the Air Park landfill operation. The next step was for the city to chase the Airpark to have them file a site plan. The Airpark hired consultants to prepare the document but they never did file what Justice Murphy and the Court of Appeal said they were required to file.
Many months later the court case asking the court to compel the Airpark to file took place in one of the smallest court rooms one can imagine. Members of the north Burlington community and just about the complete executive of the Rural Burlington Greenbelt Coalition, squeezed into the room where lawyer Ian Blue, acting for the city, marshalled all kinds of court decisions – most which, it appeared, counsel for the Airpark didn’t appear to know anything about.
Justice Gibson handed down a decision that wasn’t quite as clear cut as the Justice Murphy decision. It was complex.
That appears to have been enough for the Airpark to appeal that decision as well.
 This Regional government map shows what the plans were for the Airpark. The Region had bought into the Vince Rossi argument that the Airpark was federally regulated. The City of Burlington is now going to discuss next steps. We looking at another 18 to 24 months for a decision from the Appeal Court.
The appeal, asks that the Gibson judgment be set aside and judgment be granted declaring City of Burlington By-Law 64-2014 to be ultra vires, or inapplicable to the operations of the Appellant, Burlington Airpark Inc., and in particular to the placement of soils in and about aircraft runways and aircraft taxiways at the Burlington Airpark (the “Airpark”) prior to April 27, 2013.”
The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.
 Vince Rossi, president of the Burlington Executive Airpark and believed to be the sole shareholder of the private company, met with north Burlington residents. He took all the comments made “under advisement”.. On June 30, the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the bylaw. With the court ruling, the Airpark was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before Aug. 31, 2016. The court has also ordered the Airpark to pay the city’s court costs.
It is that decision that is now being appealed.
“The city will be looking at its options, and will update the community as soon as more information is available, “said Nancy Shea-Nicol, the city’s solicitor and director of Legal Services. No date has yet been set for the appeal.
A favourable Appeal Court decision is vital to the Airpark. Once all the appeal option are exhausted the air park is expected to have to file a site plan – and that is when their fate is in the hands of the planning department.
There was no love lost between the Airpark and the Planning department who feel they have been jerked around by the Airpark.
 Airpark dumped more than 30 feet of landfill without a Site Plan. Owner of the adjacent property stands on her property line and wonders why anyone can build a “small mountain” next to her property without getting approval. She is also terrified over what the hill is doing to the value of her property and what the leaching out of the landfill is going to do to her well water. One possibility is for the city to demand that some, if not all of the land fill – some of which is believed to be below the required standards – be removed.
That has the potential to put the Airpark out of business – at which point investors who are believed to be waiting in the wings will make an offer for the property.
By Pepper Parr
August 3rd, 2016
BURLINGTON, ON
It will take place – right here in Burlington – a simulcast of the CBC broadcast of the last stop on the farewell tour of the Tragically Hip band; an event that is pregnant with the knowledge that Gord Downie, the band leader lives with an incurable brain cancer.
The Hip resonated with a certain demographic – they were our band and they spoke our language and we believed that like the Rolling stones they would go on forever.
 He is giving it everything he’s got – and then some! But it isn’t going to work out that way. The last song that is played on the simulcast will bring tears to the eyes of many – probably most.
While the tears might be part of a life experience, what is really necessary is a donation to the Canadian Cancer Society.
The Burlington Downtown Business Association, which has been a large part of the driving force behind getting the broadcast to Burlington, where it will be put up on huge screen in Spencer Smith Park, have set up an account at the Royal Bank of Canada Branch downtown at Lakeshore and Pearl.
It is a “deposit only” account; funds collected will be equally divided between JBH Foundation (in support of the Hospital’s cancer care clinic” and The Halton chapter of the Canadian Cancer Society (focusing on education and prevention).
 Gord Downie – The Tragically Hip The event is going to be bitter sweet – there will be a man on the stage suffering. The disease that is eating away at his brain is at this point in time incurable. Cancer treatment has come a long way in the past decade – basically because of the continuing ongoing research – which costs a lot of money.
You get a chance to put your money where your heart is going to be on August 20th. Just walk into the Royal Bank and make a donation. The account and transit number is set out below. Just do it.
Account # 100-427-4
Transit # 00622
The BDBA is working quickly to establish a tool for online donations as well. The Gazette will publish those details as soon as they are available.
By Pepper Parr
July 30th, 2016
BURLINGTON, ON
The Airpark has served notice on the city that it is going to appeal the decision made in the Superior Court of Ontario which decided that they must file a site alteration plan for the air park where thousands of tonnes of land fill was dumped between 2003 and 2008.
And why are we not surprised?
This is what you do when you need to buy time.
The black lines show the size of the Air \Park property. The properties on the left side along Appleby Line suffered significant flooding from run off after the land fill had been dumped on Air Park property. The Air Park had 30 days in which to decide what they wanted to do – file a site alteration plan or appeal the decision.
They chose to appeal – and if this appeal is anything like the results of the last court decision the Air Park appealed it will be a very short court case.
After speaking for close to an hour on why the original decision should be set aside (that was the decision that said the air park did have to comply with municipal bylaws) the Court of Appeal decided they didn’t have to listen to the city’s argument. They recessed for a short period of time and chose not to set aside the Superior Court decision.
This second court case had the city of Burlington asking the court to compel the Air Park to file a site plan for the city to approve – and that of course is where the rubber hits the road – what if the city doesn’t approve the site plan that is filed?
The City will now discuss next steps after learning that the Burlington Airpark Inc. has appealed the decision of Mr. Justice M.R. Gibson dated June 30, 2016 to the Ontario Court of Appeal.
 Vince Rossi, president of the Air Park and believed to be the sole shareholder of the private company, met with north Burlington residents. He took all the comments made “under advisement”. The appeal, attached, states:
“THE APPELLANT ASKS that the judgment be set aside and judgment be granted declaring City of Burlington By-Law 64-2014 to be ultra vires, or inapplicable to the operations of the Appellant, Burlington Airpark Inc., and in particular to the placement of soils in and about aircraft runways and aircraft taxiways at the Burlington Airpark (the “Airpark”) prior to April 27, 2013.”
The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.
 The Air Park at one point had plans to locate a helicopter station on the property. On June 30, the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the bylaw. With the court ruling, the Air Park was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before August 31, 2016.
The court has also ordered the Airpark to pay the city’s court costs.
The Air Park itself is not the issue – it is what the current owner of the air park has dumped on the land. They have argued that the land fill was brought in to level the property for future development.
Most people took the position that the land fill was brought in because it was very profitable to do so – and indeed it appears, with what little evidence there is so far that dumping land fill on the site was profitable.
During the first court case lawyer Ian Blue, acting for Burlington, managed to get on record that there were large sums earned from the land fill that was dumped, but that the corporate records were not available to show just where those millions of dollars had gone.
 All the key players in the Air Park dispute: On the left standing is assistant city solicitor Blake Hurley, seated in front of him is Ian Blue, the lawyer the has hired to represent them in court. Leaning over th chairs is former city general manager Scott Stewart along with Roger Goulet, Ken Woodfruff and Monte Denis. Leaning over th three gentlemen is former ward six candidate Vanessa Warren. At one point in these proceedings the Air Park sued three Burlington residents and a local on line newspaper (the Burlington Gazette) for libel. That case is still churning its way through the judicial system. The defendants, Denis, Warren, Parr and the Gazette have asked the Air Park to show their financial records. The Air Park has refused to do so. A Judge has heard arguments from the Air Park and the defendants on why the Air Park should make its financial records available. They are waiting for a decision.
There are people involved in economic development matters who feel the air park is an important part of what kind of development takes place on the 200 acre site. A small regional airport is seen by these people as a useful and there are reported to be people interested in acquiring the air park which is believed to be wholly owned by Vince Rossi.
There are others who feel the airport should become something owned and operated by the Region. However there does not appear to be much in the way of an appetite at the Region for them to become operators of an Air Park. There are a number of municipalities who have done just that.
Might the air park find itself with new owners? There is more than one individual interested in that possibility.
By Pepper Parr
July 6, 2016
BURLINGTON, ON
The decision rendered by Justice Gibson on the Air Park case is 50 pages in length. Lawyers read documents like this – I am not sure it is something we can expect of our readers.
The following is a condensed version on what the issues were and what Justice Gibson ruled.
The Gazette will publish a more detailed explanation of the decision as well as the complete document.
The issue is far from over but there is at least a sense of direction.
Justice J Gibson delivered his decision on the just what the Air Park was required to do regarding the submitting of a Topsoil Preservation and Site Alteration plan to the city and the removal of the 2,000,000 tonnes of landfill on the 77.77 hectares property.
He was blunt and direct and differed on numerous occasions with the Air Park interpretation of laws that were sited.
 The fill does not have to be removed. At issue was an ongoing dispute between Airpark and the City with respect to fill operations conducted by Airpark at the Airport between January, 2008 and August 2013.
The Airpark, the Judge contended, allowed and profited from the deposit of over 500,000 m3 (approximately 2,000,000 tonnes) of fill at the Airport.
The city was seeking two orders:
a) a mandatory order requiring the respondent Burlington Airpark Inc. to remove all fill deposited on the site between January 1, 2008 and August 2, 2013 except for soil underlying existing runways and hangars;
b) in the alternative, a mandatory order requiring Airport to file an application under By-law 64-2014 for the 2008-2013 work carried out before By-law 64-2014 had been passed and while the prior By-law 6- 2003 was in effect (the latter by-law having been since repealed in its entirety);
c) an order continuing the terns of an order made by Miller J. on August 2, 2013 respecting the deposit of fill at the Airport;
d) costs on a substantial indemnity basis.
The original argument made by the Air Park was that hangers were going to be built on areas that were built up – nothing has been built yet. Airpark, in contrast, sought an order dismissing the City’s application, Justice Gibson granted the city its application in part.
The Court Ordered that:
1. A mandatory order will issue requiring Airpark to file an application under By-Law 64-2014 for the 2008-2013 fill work carried out before By-Law 64-2014 had been passed, and while By-Law 6-2003 was in effect, by August 31, 2016; and,
2, The terms of the consent Order made by Miller J. on August 2, 2013 respecting the deposit of fill at the Airport will continue in effect.
What this amounts to is: The Air Park must file a site plan application but does not at this point have to remove any of the fill. The matter of contaminants in the fill and the impact they could have on the were left for another day.
By Staff
July 4th, 2016
BURLINGTON, ON
The full decision was not on line when this report was published. The city however did get its side of the story out just after 10:30 this morning when they announced that the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with site alteration bylaw.
 Vince Rossi, president of Burlington Executive Airpark Inc., at a meeting with members of the Rural Burlington Greenbelt Coalition that took place in a barn a couple of hundred yards from the end of his largest runway.  Thousands of tonnes of landfill were dumped on the air park property without a site plan approved by the city. With the court ruling, Burlington Airpark Inc is now required to file an application for a site alteration permit for the fill deposited between 2008-2013.
“The City of Burlington is delighted in the decision of the court,” said Nancy Shea-Nicol, the city’s director of legal services and city solicitor. “Staff will be meeting with Council to provide them the next steps going forward to address the site alteration issues. The decision gives the Air Park until August. 31, 2016 to file its application with the city for site alteration permit.
The Court has also ordered the Airpark to pay the city’s court costs.”
On Nov. 10, 2015, the City of Burlington’s application regarding Burlington Airpark Inc. was heard by the Ontario Superior Court of Justice in Milton. The application asked the court to compel Burlington Airpark Inc. to remove all fill deposited at Burlington Executive Airpark between Jan. 1, 2008 and Aug. 2, 2013, not including existing runways and hangars, in contravention of the city’s site alteration bylaw, or submit an application for a site alteration permit to comply with site alteration bylaw.
Airpark dumped more than 30 feet of landfill without a Site Plan. Owner of the adjacent property stands on her property line and wonders why anyone can build a “small mountain” next to her property without getting approval. She is also prettified about what the hill is doing to the value of her property and what the leaching out of the landfill is going to do to her well water. The Gazette will report on the decision when the complete document is available.
The Air Park does have the right to appeal the decision which they have done in the past. They have been as successful with their appeals as they have been with their court cases.
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