What is it that determines when a member of council should declare a conflict of interest?

News 100 redBy Pepper Parr

October 14th, 2020

BURLINGTON, ON

 

Every time the development at the top of Clearview Street in Aldershot comes up Ward 1 Councillor Kelvin Galbraith declares a conflict of interest.

His home is within the 120m distance from the development and he is seen as having a conflict.

Galbraith doesn’t have any problem with having to take this decision – he sees it as the right and proper thing to do.

Clearview from the south

The Clearview development runs the length of the space between Clearview and St. Matthew.

The Clearview development is contentious and has gone through a number of changes. Galbraith takes no part in the debate and does not vote on the matter.

KG house to street end

Kelvin Galbraith’s home is to the right of the tree trunk, one lot to the west, The Clearview development is at the top of the street where the think grey fence is located.

Galbraith knew that when he was elected he would have conflicts. He chose to do the smart thing and meet with the City Solicitor before he was actually sworn, in we understand, to ask what the rules were and what was required of him as a Councillor.

Galbraith has property interests along Plains Road as well and will declare a conflict of interest should that property become part of a development issue.

Galbraith slight smileWhat we are seeing is a sterling example of how a Councillor should behave, which was certainly not the case with at least one member of the 2014-18 council.

During the September 30th Standing Committee meeting Mayor Marianne Meed Ward and Ward 2 Councillor Lisa Kearns put forward nine amendments to the Official Plan that was being debated.

One of the amendments related to the Lions Club property that is bound by New Street, Maria, Martha and Elizabeth.

Lions Park

The Lions Park. The Mayor lives kitty corner from Maria Martha intersection centre top of the illustration,

The Lions Club began buying up pieces of property in the 1920’s. The structure that is currently the Club House for the Lions and home to ROCK – Reach Out Centre for Kids also has space in the building which is due to have a second floor added.

While the land is owned by the Lions Club it operates as a city park and is maintained by the city.

The city also has a right of first refusal should the Lions Club choose to sell the northern portion of the property.

An interesting side note – the building on the southern part of the site was once the barn for the transit cars used by the Radial Railway that used to run along what is now Centennial Trail.

View MMW to park

The Mayors home is approximately where the truck is parked in the driveway. The North East edge of the park is seen on the right hand side

During the debate around how the property would be zoned the Lions delegated and said they would like to see the park zoning designation removed from the property. They felt that zoned as parkland lessened the value of the land should a time come when the Lions wanted to sell and the city chose not to be a buyer.

Living next to a park is usually a plus for a property owner.

The Mayor happens to be a property owner who lives kitty-corner to the park.

At no point during the debate did the Mayor declare a conflict of interest.

The Gazette sent a note to the City Clerk (Does the Mayor not have a conflict – she lives across the street?) asking if there was not a conflict.

The City Clerk sent back a note saying:

Please note that the our Members of Council are bound by the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. In accordance with the Act, it is the duty of the member to disclose an interest. Staff does not provide comment or advice on whether a member may have a potential conflict under the Act. Section 28 of the Procedure By-law outlines the process that must be taken if a member has an interest that they disclose.

We don’t know if the Mayor has a conflict.  Councillor Galbraith said he has a conflict and his house is as close to the Clearview development as the Mayor’s house is to the Lions park.

This is a question that the provincial Ombudsman can answer.

 

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