 By Pepper Parr
July 5th, 2016
BURLINGTON, ON
It was as if there was a very badly behaved boy in the room and no one knew quite what to do with him – so they let him continue misbehaving.
 Ward 5 Councillor Paul Sharman, second from the right, made city council look like a bunch of children in a sand box when he called for recorded votes for everything – including the motion to adjourn. Before the meeting of city council got started Monday evening ward 5 Councillor Paul Sharman spoke up and said he wanted a recorded vote at which point Mayor Goldring looked at him and asked if he wanted a recorded vote on the confirmation of the minutes of the previous city council meeting.
There was a look of almost total incredulity on the Mayor’s face.
 Intense to the point of making delegations uncomfortable ward 5 Councillor Paul Sharman exceeded some of his past boorish behavior at the July 4th council meeting. Sharman then gave one of his ideologically tainted comments about how in the past a member of council had called for recorded votes for political reasons.
And for reasons that he never made clear proceeded to ask for a recorded vote on everything.
And so city council spent 95% of the 25 minute meeting standing and voting then sitting down. Sharman asked for a recorded vote to adjourn the meeting.
There wasn’t a single word on any matter of significance spoken other than a resolution the Mayor announce he was going to be bringing forward related to climate change and the way Burlington was going to be working with Hamilton in the future.
City clerk Angela Morgan was getting ruffled with the behaviour and had on one occasion to explain that procedurally she was having a problem with what they were trying to do
 Paul Sharman who served on the Shape Burlington Committee before being elected to office was described as a a bit of a “bull in a china shop”. He appears to have maintained that personality trait. There were more than 12 recorded votes taken – which meant that the Clerk had to declare what the motion was and ask those in favour of the motion to stand while she read out their names after which they sat down.
The really sad point is that the council meeting was broadcast live by Cogeco cable and will be available on the city web site– anyone will be able to see the broadcast.
It was a disgustingly childish behaviour. Members of Council were grinning like children who seemed to feel they were in on this high school prank.
It is regrettable that the Mayor did not choose to recess the meeting for a period of time. The Procedural bylaw may not have allowed him to do very much.
City council meetings are scheduled but can be called at any time by the Mayor. One wonders what would have happened if the Mayor had put forward a motion to adjourn the meeting for a short period of time while the “children” thought about how poorly they were behaving.
 There are far too many times when Councillor Sharman chooses to be abrasive and needlessly challenges people. It was not a very proud moment for the best mid-sized city in Canada.
The scary thing about it was that Paul Sharman in 2010 filed papers at city hall to run for the office of Mayor – he changed his mind then when Rick Goldring filed his papers to run as Mayor.
The gene pool for politicians in this city is not all that strong – is it?
 By Staff
July 5th, 2016
BURLINGTON, ON
The place is going to the dogs – literally.
The city is inviting residents to celebrate the unveiling of a new public shelter at Norton Leash Free Park on Saturday, July 9 at 10 a.m.
The shelter will complement the park resurfacing done in the park this spring.
Residents are invited to spend the day at the park with their dogs and PetMax, a sponsor of the event, until 4 p.m. The free event will include giveaways, free samples and pet industry professionals who can answer pet owners’ questions.
“It’s great that PetMax offered to do something to enhance our local pet owners experience at the park,” said Chris Glenn, the city’s director of parks and recreation. “Residents had indicated that a shelter would be a welcome feature and then helped determine where the new shelter would be located.”
 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.
By Pepper Parr
July 4th, 2016
BURLINGTON, ON
It didn’t take her long to get her concerns with the way the Ontario Municipal Board changes the will of some decisions made by municipal councils.
Ward 2 Councillor Marianne Meed Ward has always had problems with the way the OMB works; she also thinks the city’s legal department doesn’t do all that well before the OMB and notes that Oakville seems to do much better.
When the Ministry of Municipal Affairs and the Ministry of the Attorney General announced they are working to develop proposed recommendations to improve how the OMB works within the broader system of land use planning, Meed Ward couldn’t move fast enough.
 Marianne Meed Ward earned her spurs as a citizen who delegated again and again for changes in the way the city did things. The province said it was preparing a consultation paper that will be released in the fall 2016 for further comment.
The province added that it would like to hear views on a range of topics, including the jurisdiction and powers of the OMB. This could include what matters can be appealed and who may appeal them, the use of local appeal bodies and how much deference should be given to municipal decisions.
Meed Ward believes Burlington has an opportunity to help shape the upcoming OMB reform discussion and consultation paper. “We can: she said “advance a principle-based approach to OMB reform that endorses the principle that municipal governments are a mature order of government able to make planning and other decisions for our communities.
“By passing a resolution now for input to the province, we have an opportunity to ensure this principle undergirds the upcoming consultation.”
Meed Ward adds that the principle also aligns with the approach taken by the Association of Municipalities of Ontario (AMO).
Meed Ward said she recently spoke with the Director of Policy at AMO., who confirmed AMO will take a “principled approach” to advocacy on OMB reform that starts with the principle that municipalities are a mature order of government in decision-making.
Meed Ward takes the position that as “ a mature order of government, there should be no right of appeal to the OMB of an Official Plan or Zoning Bylaw amendment decision by a local council, where those Official Plans and Zoning Bylaws have already been approved by the municipality, Regional government (where applicable), and the provincial government as conforming to growth plans and other applicable legislation.”
Meed Ward argues that:
 Will Ward 2 Councillor Meed Ward find support for her OMB related resolution from Mayor Goldring ? Municipalities retain the right to initiate their own amendments to Official Plans/Zoning Bylaws, and city councils retain the right to approve recommendations from staff and/or requests from the development community for amendments to the OP/Zoning Bylaw, where these changes are considered in the best long-term interest of the communities they serve. But there would be no right of appeal of a council decision to the OMB.
Removing the right of appeal to the OMB for Official Plans and Zoning Bylaw amendments achieves the following:
- endorses the principle that muncipalities are a mature order of government, and final decision-makers.
- encourages municipalities and members of the development industry to work together to achieve the best land use planning outcome for
- eliminates duplication of work, saving time and money. OMB appeals, whether by municipalities, residents, or members of the development industry, are costly and time consuming, and ultimately built into the price of new homes or property taxes. Local planning staff and various local departments and agencies take months reviewing the merits of a planning application; the process begins all over again when an application is appealed to the OMB, but in a much more costly and time consuming forum. This process, in effect, makes the OMB the local planning departments of the
- frees up much needed resources and time in the OMB calendar to deal with the balance of hearings that come before the
The exception to the right of appeal would be where municipalities did not follow due process or its own procedures in processing an application (for example failure to provide proper notice of a statutory public meeting). The appeal would deal with process issues, not the merits of the application.
To date, more than 100 municipalities have passed resolutions to reform the OMB, including Oakville and Halton Hills. A common theme underlying the resolutions is the principle that municipalities are a mature order of government in decision-making.
A coalition of elected officials from Ontario municipalities recently sponsored a municipal summit on OMB Reform in May that Meed Ward attended. The key principle arising from the summit is that municipalities are a mature order of government and best positioned to make local planning decisions, and as such our Official Plans and Zoning Bylaws – where approved by upper levels of government – should not be appealable to the OMB.
By passing the attached resolution, Meed Ward Burlington has an opportunity to add their voice to those calling for OMB reform; we have an opportunity to encourage the province to shape its consultation around the principle that municipalities are a mature order of government in land use planning and other decisions.
Worth noting is the Mayor Goldring sits on an AMO advisory committee but has not commented (for or against) on the AMO policy
The following is the resolution Meed Ward proposes city council endorse:
 Will city council fully endorse the Meed Ward resolution …  … and will the province hear what city council may have to say? WHEREAS, the Government of Ontario has announced a review of the Ontario Municipal Board and is seeking input from municipalities and members of the community; and
WHEREAS, the City of Burlington has an Official Plan and Zoning Bylaw that set out Council’s policies on how lands should be used, guides and directs future growth, and is developed in consultation with the community; and
WHEREAS, Burlington’s Official Plan and Zoning Bylaw have been approved by the Region of Halton and the Government of Ontario and conform to applicable regional and provincial legislation; and
WHEREAS, Council retains the legislative power to initiate, grant or deny Official Plan and Zoning Bylaw amendments after appropriate review; and
WHEREAS, currently all Burlington land use planning decisions may be appealed to the Ontario Municipal Board (OMB); and
WHEREAS, municipalities are a mature order of government able to make planning and other decisions for our communities;
THEREFORE, BE IT RESOLVED that the City of Burlington requests the Government of Ontario to recognize and respect the rights of municipalities to make decisions regarding adherence to municipally, regionally and provincially approved Official Plans and Zoning Bylaws, which reflect local community needs and visions, by implementing the following OMB reforms:
- Exclude the Board from hearing appeals of applications for amendments to municipally, regionally and provincially-approved Official Plans and Zoning
- Require the OMB to show deference to the decisions of local
Limit appeals to the Board to matters pertaining to following due process or procedure in processing an
BE IT FURTHER RESOLVED that a copy of this Motion be sent to the Honourable Kathleen Wynne, Premier of Ontario; the Honourable Bill Mauro, Minister of Municipal Affairs and Housing; Mr. Patrick Brown, Leader of the Progressive Conservative Party; Ms. Andrea Horwath, Leader of the New Democratic Party; all MPPs in the Province of Ontario; the Regional Municipality of Halton and all Halton Region Municipalities; and
BE IT FURTHER RESOLVED that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO).
It could become an interesting debate’
 Has Councillor Meed Ward managed to gain support from her council colleagues for the resolution she plans to bring before Council? Had the provincial government made this kind of change a few years ago the city would not be involved in an OMB hearing over the proposed ADI Group development at the intersection of Lakeshore Road and Martha Street. City council unanimously agreed that the then proposed 28 story structure (now reduced to 26 storeys) should not be approved.
The city then failed to make a decision on the ADI application within the required time frame and ADI took the application to the OMB.
By Staff
July 4th, 2016
BURLINGTON, ON
If you want to put your name up in lights on a piece of city property – get ready to gulp when you see the cost. And gulp again when you see the deal a local law firm got on the naming rights for the Haber Recreation Centre.
 Funds for the rebuild of the Nelson pool have yet to be found – sponsorship is being looked at seriously. Big bucks! During a discussion on fund raising for the Nelson pool reference was made to the consultant’s analysis which estimated value for a Facility Naming Sponsor could range between $300,000 to $350,000. It is also recommended that the payment terms could be as follows:
• $30,000 – $35,000* annually for an agreement term of 8 to 10 years
• Incentive to pay upfront: 15% discount = $297,500 – $250,500
• Paid within 3 years: 10% discount = $315,000 – $270,000
Additional terms and incentives / interests would also naturally become a part of any negotiations and subsequent agreement.
Based on the staff direction provided to members of city council and the interests of the current project, staff is suggesting that the renaming of Nelson Outdoor Pool be considered as outlined in the Fundraising Plan. For businesses, organizations or individuals not wanting to consider a full naming sponsorship, a donations option may also be available to suit their specific interest and intent.
A potential renaming of Nelson Pool be considered for the following reasons:
• The estimated financial value for a naming sponsor of $300,000 to $350,000 is quite reasonable for a 10-week summer only operation.
• Supports Council interests in finding new revenue sources to support capital projects.
• Sponsorships are primarily about partnerships and how organizations and business can help support local interests. This project is another example that exists to create another partnership within the community.
• The pool is one component within a larger destination known as ‘Nelson Park’. As such, renaming the pool within the park has less impact to the overall name of ‘Nelson’ as it is known (e.g. “ABC Pool at Nelson Park”).
• Currently, all way-finding signage is referenced as Nelson Park. Neither Nelson Recreation Centre, Nelson Pool nor Nelson Arena is referenced within the City of Burlington way-finding program. In addition, there is no signage at the site location that references the pool name, so to change the name would not require a number of sign updates.
• The outdoor pool facility is relatively compact and could easily be marketed as a single asset from a naming perspective.
 A corporate name at one of the busiest recreation centers in the city. The incorrect spelling of Welcome was part of the deal? The consultant’s report noted that a potential naming sponsor would likely be from a local business or organization, similar to the outcome found for the Haber Recreation Centre.
The Haber deal was for $1.36 million for 20 years. Assuming that $1.36 million amounts to $1,360,000.00 – paid out over 20 years amounts to $68,000 a year.
Compare that to the $300,000 being suggested for the Nelson pool that is operational for 10 weeks – and WOW did Haber every get a deal
Organizations who are vested in the community are those who would typically like to support this type of local community interest. National organizations or businesses are more likely to support larger more profile opportunities that have broader national or regional exposure like a major stadium or arena in a large city.
While this particular location has many elements all with the name ‘Nelson’ referenced in some manner – Nelson Pool, Nelson Stadium, Nelson Recreation Centre / Arena, Nelson Park, Nelson Skateboard Park, and Nelson Youth Centre, staff is recommending that only Nelson Pool be considered for potential renaming. Moreover, staff is also not recommending that specific elements within the pool (e.g. amenities or features like a splash pad) be considered for potential naming as it could become quite confusing to the public as well as reduce the value of the overall naming opportunity.
The Haber sponsorship:
 By Staff
July 1st, 2016
BURLINGTON, ON
That domestic disturbance in Plains Road yesterday afternoon has become much more serious for the 22 year old male that police has to restrain with the use of a Taser.
He has been remanded into custody by telephone on charges of attempted murder, assault causing bodily harm (two counts) and assault police (two counts). He remains in Hospital where a psychiatric assessment is ongoing. He is scheduled to appear for a bail hearing on Monday July 4th 2016 in Milton.
The two officers involved were treated at hospital for their injuries and are now resting at home. Both are expected to make a full recovery.
The injured family member was also treated at hospital for a minor injury and released. They too are expected to make a full recovery.
Though early in the investigation, it is apparent that both officers performed their duties in accordance with their training, employing only a minimal amount of force to effect the arrest. The offender sustained a minor injury to his hand, of which he is expected to recover.
He has been remanded into custody by telephone on charges of:
Attempted murder,
Assault causing bodily harm (two counts)
Assault police (two counts).
He remains in hospital where a psychiatric assessment is ongoing. He is scheduled to appear for a bail hearing on Monday July 4th 2016 in Milton.
One police officer was stabbed in the head while police worked at restraining him.
Link to earlier article:
Domestic disturbance at Plains Road residence.
 By Ray Rivers
July 1, 2016
BURLINGTON, ON
Brexit was a simple referendum question – leave or remain. But dumbing down the referendum question doesn’t make the answer any better. Leaving the European Union is a complicated matter involving trade and other economic considerations as well as a broad swath of social issues, including immigration and settlement policy. Is it little wonder that the voters were confused.
 They did get their country back – not much left to work with. Media reports indicated that some Leave voters confessed to regretting their decision as early as the morning after. The truth is that many voters were understandably ignorant of what they were actually voting for, as evidenced by the stampede to a google search for EU. Pity you say – a bit late for voters to struggle trying to figure what the EU actually stands for, after having just voted to leave it. Britain was only part of the EU since the 1970’s after all.
Churchill is reported to have once said that the best argument against democracy is a five minute conversation with the average voter. And this mess is exactly what we should expect when we overlay an ad hoc exercise in direct democracy on top of our normal representative system of governance. So why not make sure that our indirect democracy is as representative as possible.
After all we elect and give license to our MPs to make these complicated decisions so we don’t have to get into the weeds – it’s not our job. And Brexit is about as weedy as it gets. But like Canada, Britain is stuck with an outdated first-past-the-post electoral system. Given voting splits among various parties, the governing Conservatives there came up the middle and were elected by just over a third (36.9%) of the electors.
Canada has had its fair share of grief over referenda in the past. Who could ever forget Mulroney’s divisive Charlottetown Accord. Then there were the two Quebexit plebiscites, the second one coming within a hair off creating a Brexit-like crisis.
 The referendum on Quebec leaving confederation was a very close vote. Imagine if they had won? Had Quebec voted to leave, would aboriginal communities have demanded separation from Quebec, as the Scots may now do? Or what about those English-speaking parts of Montreal and Hull, across the river from Ottawa and dependent on national capital for its livelihood? One might argue that we escaped only through plain luck. But unlike Cameron who had no contingency process, Jacques Parizeau had a secret exit plan. His morning-after involved nationalizing military bases located on Quebec soil.
In the last federal election Justin Trudeau campaigned on electoral reform in order to make our democracy more representative. The loyal opposition is now demanding a referendum to seal any kind of deal on electoral reform. Mostly that is pure survival instinct on their part. Almost any kind of change will make the Tory’s lot in life less favourable – reduce their chances of ever forming government – unless they broaden their appeal beyond the stereotypical right-wing voter.
So the Conservatives are putting their eggs into the referendum basket, having watched the earlier electoral reform campaigns in Ontario and B.C. go down in flames. Still they are part of a parliamentary committee looking at options. One option, some sort of proportional representation, would entail reconfiguring our parliamentary chambers and most likely require a constitutional amendment. Fortunately Canada has a comprehensive constitutional amending formula, arguably superior to any national plebiscite.
And of course representation could be improved, were elected candidates to command the support of a majority of voters, as a first, second or third choice. This kind of change, use of a ranked or preferential balloting process, also referred to as a single transferable vote, would involve a relatively simple modification to ballot counting. In fact ranked ballots are what Ontario has invited municipalities to adopt for their next local elections – without any requirement for a referendum.
New Zealand is a case study for a parliamentary democracy which has also institutionalized some measure of direct democracy. Of course it is a small country with its own ethnic and economic diversity, but on the whole is arguably more homogenous than Canada. That argues for New Zealand as a place to pilot the complementary use of direct democracy. This nation of about four million people introduced its own mixed-member proportional representation system following an overwhelmingly positive referendum, and continuance of that system was confirmed by another.
In fact New Zealand has developed a referendum law and process to guide it. But even a New Zealander might eventually find referenda problematic. For example, thanks to their direct democracy going awry, they totally blew their search for a new flag and are now stuck with the old Australian-looking one.
 Getting this flag was not an easy decision. Contrast that to how Lester Pearson managed to bring in Canada’s new flag while operating with only a minority government. And recall how Kim Campbell defused the abortion debate in this country without any referendum at all. As we celebrate Canada Day today, let us recall that we didn’t need a referendum to adopt a new flag, to re-write our national anthem, to repatriate our constitution, to enter into free trade agreements and a host of other things we entrust to our elected representatives. And they could and will better represent us before long.
Ray Rivers is an economist and author who writes weekly on federal and provincial issues, applying his 25 years of involvement with federal and provincial ministries. Rivers’ involvement in city matters led to his appointment as founding chair of Burlington’s Sustainable Development Committee. He was also a candidate in the 1995 provincial election
Background links:
Scottish Independence – EU Google Search – Electoral Reform –
More Brexit – New Zealand Voting – First Past the Post – Single Transferable Vote –
Proportional Representation – BC Referendum – Electoral Reform – NZ Flag –
 By Pepper Parr
June 30th, 2016
BURLINGTON, ON
They needed all the help they could get – and while Burlington MP Karina Gould put her opening pitch right across the plate – it didn’t count.
Gould had a full week in Ottawa where she said she was sitting ten feet away from United States President Obama who did a “shout out” to Burlington and pointed directly at Gould.
 Burlington MP Karina Gould throwing the “game ball” at a Burlington Bandits game. Gould told the Gazette that she didn’t play any organized baseball – but she did throw a ball around with her Dad when she was little.
“I practiced quite a bit about four weeks ago when I was originally supposed to do this honour” – and added that she felt her arm held up pretty good.
She was given the “game ball” to keep as a souvenir but was asked to return the sweater – which suggests she should not wait for a call up from the coach.
She at least did a lot better than Mayor Goldring when he threw the game ball at the first game the then Burlington Twins played.
Jeff Hunt and Dan Jagdeo each drove in four runs to lead the Brantford Red Sox to a 14-6 win over the Burlington Bandits Thursday night.
As for the game – it was a brutal 14-6 for Brantford.
Hunt finished with two doubles and a triple, while Jagdeo’s only hit was a two-run home run in the Red Sox’s sixth-run fourth.
 Karina Gould, holding the game ball with Ryan Harrison, marketing manager for the Bandits and Scott Johnston team management. Tyler Patzalek had three hits and finished a home run short of the cycle. He drove in a run and scored three times. Benjamin Bostick had two hits and three runs, Nic Burdett drove in a pair, and Mike Burk added two hits and scored once.
Nathan Forer (5-2) went seven innings for the win, giving up two runs on seven hits, walking one and striking out eight.
Justin Gideon had four RBI after a home run and double for Burlington. He also scored twice. Kevin Hussey and Robert Tavone each had three hits, and Julian Johnson had an RBI.
Ryan Beckett (2-3) gave up eight runs (six earned) on seven hits in three innings, walking four and striking out two.
Sixth-place Burlington fell to 6-15.
Fourth-place Brantford improved to 14-10.
By Pepper Parr
June 30th, 2016
BURLINGTON, ON
It certainly took long enough but Justice Gilmour delivered his much awaited decision on the court case that had the city asking a judge to order the Air Park to file a site plan and also to compel the Air Park to remove the fill that was dumped on the property without a site plan being filed.
The case was well argued on the city’s behalf by Ian Blue, legal counsel who was brought in to handle the original court case and the appeal of that case.
 Property boundary of the Air Park This first case established that municipalities had the right to require air parks to comply with municipal bylaws. Up until the Burlington case there as some doubt as to just how deeply that complying had to be.
The appeal made it clear that a municipality had the right to require an air park to file a site plan.
 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. That didn’t seem to make any difference to Vince Rossi and his corporation. They played around at filing documents but there was never a properly completed site plan filed – so the city sued.
The decision that was delivered late this afternoon appears to order the Air Park to file a site plan and perhaps remove some of the fill.
While the city has the decision they have chosen no to release a copy until Monday at which time it will be stored on a web site where anyone can read the document.
Ward 2 Councillor Marianne Meed Ward sent a note to her followers and included a piece in her Newsletter which was published this evening.
In the Newsletter Meed Ward said:
“The courts have ruled in the city’s favour and is requiring the Burlington Airpark to submit a site alteration permit for land fill activities on the site.
The city was notified late Thursday afternoon, June 30. The court decision will be publicly posted the week of July 4 here: https://www.canlii.org/en/
The news came in just as this newsletter was being prepared. More information about the ruling and its implications will be available in the next edition.
 Ward 2 Councillor Marianne Meed Ward works the phone the way few Councillors do. My Take: I’m delighted at this outcome and want to thank area residents and everyone who supported them for their valuable eyes on the street, and patience and perseverance through this. I’d also like to thank staff and council for their support, particularly Councillor John Taylor who has been a strong advocate for action in this matter. The ruling affirms that municipal bylaws apply where they do not encroach into areas of federal jurisdiction. This is a significant decision not just for Burlington but all municipalities where airparks may be engaged in landfill activities. I’ll have more to say on this matter in the next issue, including excerpts from the ruling when available.”
It was an article in the Gazette in 2013 that brought the dumping of landfill to the attention of city hall. North Burlington residents have followed the several court cases very careful and commented frequently in the Gazette.
Two North Burlington residents were sued for libel by the Air Park along with the publisher of the Gazette. That case has yet to make it to a court room.
Meed Ward thanks Ward 3 Councillor for his efforts – we don’t recall Taylor doing all that much – the Air Park isn’t in his ward. We do recall that Ward 6 Councillor Blair Lancaster did precious little other than argue with residents over picayune matters.
Many in ward 6 felt Lancaster was just a little too close to Vince Rossi. During the first trial Councillor Lancaster sat immediately behind Mr. Rossi in the court room.
Rossi appealed the first court case – lost the appeal. During an Examination for Discovery that was related to the libel case counsel for Rossi and Rossi himself complained about the cost of all the hearings which suggested to some that Rossi might be getting close to being tapped out financially.
He has a short period of time to appeal this Superior Court decision.
By Staff
June 30th, 2016
BURLINGTON, ON
Late Thursday afternoon – at 4:23 p.m. – Halton Regional Police officers were called to a family disturbance at a Plains Road residence.
Once inside the residence, officers were immediately attacked by a man armed with a knife.
One officer was pushed to the ground and stabbed in the head. A second officer, while attempting to intervene, received a bite to the arm. During the melee, another family member also sustained minor injuries inflicted by the man.
The man was eventually taken into custody following a struggle and deployment of a conducted energy weapon (taser).
All involved were transported to hospital and are expected to recover from their injuries.
The 22-year-old Burlington man is currently being held for psychiatric assessment.
 By Pepper Parr
June 30th, 2016
BURLINGTON, ON
Now that people have gotten over the shock – the British deciding they no longer want to be part of the European Union – what happens next?
The consequences of such a momentous decision are only beginning to be calculated – it will be some time before the complete cost is worked out and perhaps five years before the change to that society is fully felt.
 The Bistro, the heart of the Seniors’ Centre. The political pundits have explained to us that the older population decided they didn’t want to give up what they thought they had and voted to leave the European Union – and given that there were older people voting in England – they won the day by an acceptable 4% of the votes cast.
Burlington has an aging population – and that part of our demographic is only going to increase. What are those seniors likely to want and how will they make their wishes known to people running for office?
At some point someone who wants to sit on city council badly enough or someone who truly believes he or she represents the interests of the seniors community will get themselves elected. On a city council the size of Burlington’s it wouldn’t take all that much to create a majority.
 More political clout at this table than at city council. Keep an eye on those who are interested in ward 2 and keep a keen eye on the seniors in Aldershot – they have a lifestyle they don’t want to see changed all that much.
Community Development Halton tells us that, based on Statistics Canada’s Taxfiler data, there were about 32,000 seniors living in Burlington in 2013 representing an increase of 28% from 2006. This increase was almost three times higher than the overall population increase.
2016 census data will be available soon and we will have a clearer picture of how many seniors there are in Burlington.
We are at a time when the baby boomers are now at the point where they will have much more influence. How is that influence likely to be expressed?
 Former city manager Jeff Fielding, on the right with Joe Lamb, who negotiated on behalf of the Seniors’ Centre basically took Fielding to the cleaners with the deal he talked the city into. We know this much – those seniors take the time to vote.
A number of years ago the Seniors’ Centre ran into some problems with the federal tax collectors and the then GST tax. They weren’t collecting what they should have been collecting.
The member of the centre started calling their council members – it didn’t take long for council members to cave in and send the then city manager over and work out a deal. The city gave them everything they asked for and then some.
 It was a total rout on the part of the city. The city has this tag line: “Burlington is one of Canada’s best and most livable cities …” and the seniors want to ensure that it stays that way for them.
What are they going to tell us they want in the next five years?
 By Pepper Parr
June 30th, 2016
BURLINGTON, ON
Saying we share the air and we have to work together to keep it clean is one thing – actually doing something about the air we share is something else.
Burlington city Council is planning on passing a motion at its meeting on Thursday to Support a Governance Structure to implement Climate Change Initiatives between the Cities of Burlington and Hamilton.
 This is an issue that is dear to the heart of Mayor Goldring – he would, we are sure, like it to become his legacy issue. He doesn’t have one so far and this is as good a legacy as anyone can hope for – let’s see how it goes at Council on Thursday.
Here is what they want to do – the language is a little stilted – but the intent is clear enough.
GOVERNANCE STRUCTURE FOR COMMUNITY CLIMATE CHANGE ACTION PLAN
Whereas, the Government of Canada’s intent is to protect communities and grow our economy by making significant new investments in green infrastructure and clean technologies as well as to endow a $2 billion Low Carbon Economy Trust to fund projects that reduce carbon that will “support projects in clean energy that can be commercialized, scaled up, and exported”;
Whereas, the Province of Ontario has a Five-Year Climate Change Strategy and has introduced legislation, which aims to formalize a cap-and- trade system and invest those funds into green projects to reduce the amount of greenhouse gas pollution;
Whereas, the Province of Ontario has already announced in 2015, the Green Investment Fund that commits $325 million to projects that will fight climate change;
Whereas, the City of Hamilton has developed a Community Climate Change Action Plan, which directs priority actions that will mitigate greenhouse gases, adapt to the risks associated with climate change and will help make Hamilton a resilient and prosperous community in the face of climate change;
 In an attempt to prove that the water in Hamilton harbour was safe then provincial cabinet minister George went for a swim. Whereas, taking action on climate change will be beneficial to the Hamilton Harbour / Burlington Bay area and will complement the work on greenhouse gas reduction by the City of Burlington;
Whereas, in order to successfully implement the Community Climate Change Action Plan, a formalized governance structure is necessary; and,
Whereas The City of Hamilton already has an internationally recognized participatory governance structure known as the Bay Area Restoration Council (BARC) and the Bay Area Implementation Team (BAIT);
Therefore be it resolved:
 The really dirty stuff is on the right in Hamilton. (a) That staff be directed to develop a governance model similar to the Bay Area Restoration Council and the Bay Area Implementation Team, in collaboration with staff from the Federal and Provincial offices of the Ministries of Environment and Climate Change, and report back to the Board of Health;
(b) That the Mayor correspond with The Honourable Catherine McKenna, Minister of Environment and Climate Change, and The Honourable Glen Murray, Minister of the Environment and Climate Change, to request that the Federal and Provincial Ministries assist the City of Hamilton with the establishment of City of Hamilton’s Community Climate Change Action Plan Implementation Team in identifying the appropriate Federal and Provincial government staff, private sector and community representatives to provide expert advice and financial resources toward the action on climate change, within the funding guidelines for the Low Carbon Economy Trust; and, the Five-Year Climate Change Strategy;
(c) That upon the formation of the governance structure for the Community Climate Change Action Plan Implementation Team, the City of Hamilton seek a partnership with the City of Burlington to coordinate efforts, with respect to the implementation of the Plan; and,
(d) That staff be directed to report to the Board of Health annually, respecting the progress of the Community Climate Change Action Plan.
Is this one of those Motherhood issues that everyone will get their voting hand up to see who can be first? Will it be like the Shape Burlington report passed unanimously in 2011 and forever forgotten?
 The not yet existent Code of Conduct is buried within the 25 year Strategic Plan that city manager James Ridge has put together. Or will it be like the Code of Conduct that city council has yet to adopt. They shuffled that one off to the city manager who buried it in his 20 year Strategic Plan – suggesting that we will perhaps see some within the next 25 years.
Which was probably a smart move – this council doesn’t want a code of conduct.
We will know Thursday night how serious they are about climate change.
 By Staff
June 29, 2016
BURLINGTON, ON
New roads, improvements to parks, murals for public places – all kinds of upgrades and improvements to the city.
 An aerial view of the Paradigm project under construction on Fairview – next to the GO station. Developers are banging away as well; The Bridgewater project is still a hole in the ground as is the ADI Linx project on Dundas. The hospital is well on its way to completion and the Paradigm project on Fairview is reaching into the sky.
Ireland Park has started phase one of the upgrades that will include:
• An accessible splash pad with seating and a pavilion for shade
• Ball diamond amenities, including accessible spectator areas with permanent bleachers
• Reconstruction of the south parking lot to improve the surface and traffic flow
• Accessible pathways and seating areas
• New energy efficient pathway lighting
• New goal posts at three soccer fields, and
• New trees
 Ireland Park. During construction, please expect:
• Pathway closures
• The driveway and the south parking lot, beside the tennis courts, to be closed
• Detours to ball diamonds, soccer fields, washroom facilities, tennis courts and the main playground
• Temporary access restrictions to the washrooms, snack bar and tennis courts
Construction is expected to last approximately six months.
Ireland Park will remain open during construction. We appreciate your patience and co-operation to make sure the park is a safe place during construction. There are other parks available in the community:
Playgrounds:
• Ireland Park – access from Folkway Drive
• Pinemeadow Park – 3171 Pinemeadow Rd.
• Newport Park – 3020 Headon Forest Dr.
Public Tennis Courts:
• Sycamore Park – 3157 Centennial Dr.
• Millcroft Park – 4520 Millcroft Park Dr.
 By Pepper Parr
June 29th, 2016
BURLINGTON, ON
City hall has come up with more cash for artists that want to take part in the creation of murals – the city wants to create three more:
Tansley Woods Community Centre (C$12,000)
Waterfront Parking Garage (C$5,000)
Pearl Street Parking Lot Crosswalk (C$1,500)
Application deadline is Friday, July 29, 2016. Applicants must be a resident of Burlington, Ont.
 Freight trains have always been a large part of the rail traffic through the city. Freeman Station was where produce was put aboard. This mural is on of six that were commissioned by the city. Clair Hall did the mural on the side of the Freeman Station The Burlington Mural Project is now in its second year. It is funded as an annual program designed to tell local stories using local artists. Each year, small to medium-scale murals are commissioned throughout the city. Free professional development opportunities are also offered to assist artists with the application process and project development.
 There was a time when this kind of illustration was Burlington. The then town supplied fresh produce that was shipped around the world. The community grew enough fruit and vegetables to require a second railway line into the city. Those train tracks are now a walking trail in the Beachway community. Tamara Kwapich did the mural in Orchard Community Park. The One-on-One Application Review Session takes place on July 12, 2016, between 1:00 and 4:00 p.m. and 5:00 to 7:00 p.m. in the Transportation Meeting Room at City Hall.
If you are unable to attend on July 12, please contact Kim Selman to discuss alternate dates.
These sessions will be open to all artists who are actively preparing an application to the Burlington Mural Program. Attendance is voluntary and appointments must be booked in advance. To book an appointment please contact: Kim Selman, kim@cobaltconnects.ca or 905-548-0111
Artists planning to submit to the Burlington Mural Project may book a 30-minute session with the Public Art Manager to review a draft of their application package and get constructive feedback.
Online Application: Applications may be submitted by mail or using our online application system. To submit your application online, click the link to the right: LINK. You are asked to read the full Request for Proposal document prior to submitting your application.
 It’s a telephone utility box with a mural that hints at the wharf that was once at “Port Nelson” at the foot of Guelph Line. Hannah Sell and Liam Racine did the art work. It is one of six commissioned by the city. The visual arts are getting funding – the Performing Arts haven’t been as fortunate.
The arts community in Burlington is still working at the creation of a formal Council that they would like to see mandated to operate as the voice and policy body for the arts in the city.
Ain’t ever going to happen.
By Staff
June 29th, 2016
BURLINGTON, ON
The name of the person arrested was incorrect in an earlier version of this story. The HRPS apologize for the error. The name below is correct
At just after 6:00 am this morning a Flora Drive resident noticed a pickup truck parked with the engine running on the street for a period of time. The citizen observed a lone male occupant asleep in the driver’s seat of the motor vehicle.
Emergency services were notified to check on the wellbeing of the male person.
 Members of the Burlington Fire Department arrived on scene and observed a handgun on the lap of the male person sleeping in the driver’s seat of the vehicle. A quick thinking supervisor immediately reached in the open window and removed the firearm away from the male persons reach and put it outside the vehicle for public safety reasons. As this occurred the male person awoke.
The Halton Regional Police Service arrived on the scene moments later; the occupant of the vehicle jumped out and began running. A short foot chase resulted and the person was arrested at gunpoint by the police officers. The man was seen to be very upset and told police officers he wanted to be shot. The male was arrested without any injury to any person.
The first handgun located was a metal pellet gun. A search of the vehicle located a second handgun which was a metal replica firearm.
The investigation determined that the pickup truck was stolen on June 27, 2016 from the City of Mississauga in the Regional Municipality of Peel.
The Halton Regional Police Service has charged a 34 year old male person who will be held in custody for a court bail hearing appearance.
James John FOBERT of the City of Mississauga.
Offences:
1. Possession of stolen property, contrary to the Criminal Code.
2. Disqualified driving, contrary to the Criminal Code
3. Possession of an imitation firearm in the commission of an offence, contrary to the Criminal Code.
4. Failing to comply with a court issued weapons prohibition order, contrary to the Criminal Code.
5. Failing to comply with a court issued weapons prohibition order, contrary to the Criminal Code.
Anyone who may have information about this investigation is asked to call investigators at the Burlington Criminal Investigation Bureau at 905-825-4747 extension 2316, Crime Stoppers at 1-800-222-8477(TIPS), through the web at www.haltoncrimestoppers.com or by texting “Tip201” with your message to 274637(crimes).
By Pepper Parr
June 29, 2016
BURLINGTON, ON
Is this a friendly visit?
Are we looking at three animals getting to know one another?
The dog is perhaps curious but the hunch in the shoulders of those two crows tells a different story.
How does that story end?
The exhibit at the Art Gallery of Burlington in the Dan Lawrie Family Courtyard until September 25th is well worth a visit.
 The approach – who springs up and out first? You will want to ponder the three pieces and wonder – perhaps the friendly posture of the dog will change the intent of the crows.
Does the artist, Mary Philpott, tip her hand with the title of the exhibit: A Murder of Crows.
 Has the dog figured it out? This isn’t a friendly visit is it? Mary Philpott, a noted functional potter whose work has been inspired by Neo-Gothic architecture and William Morris’ Arts and Craft movement, has in recent years taken her decorative motifs of animals and birds and transformed them into live-sized three dimensional sculptures, a perfect synthesis of nature and style set in our garden courtyard.
Inspired by the colour, narration and design of medieval illuminated books, tapestries and architecture, Philpott’s work explores the story of flora and fauna in her surrounding landscape. At her studio, Verdant Tile Co., she designs custom pressed tile in porcelain. The animals and birds depicted in her tiles are frequently referenced in her sculptural pieces.
 Wary eyes – the posture the artist has given each animal is filled with suspense. In addition to receiving a BFA in Art History and Archaeology at the University of Guelph, Philpott is a graduate of the Ceramics and Design program at the School of Craft and Design at Sheridan College. She has also studied Anthropology and Archaeology at McMaster University, and Ceramics Intensives at Alfred University in New York.
She is the 2015 recipient of the Helen Copeland Award from Craft Ontario for an established artist working in her field.
By Pepper Parr
June 29th, 2016
BURLINGTON, ON
The wheels of Justice move slowly – not at a glacial pace but there is no rush to judgement – at least not when it is the city and the Burlington Air Park sending their legal warriors into a Court Room to do battle
On April 4th, the Gazette reported that “a member of the city’s legal staff advised council that a Judge at the Court House advised the city that Justice Gibson anticipates he will be in a position to release his decision by April 30th.
April came and went, we got into May and no decision. A new date was set – a decision will be released June 30th
 Former city manager Jeff Fielding sharing an opinion with Glenn Grenier on what the Air Park was required to do while city lawyers Blake Hurley and Nancy Shea Nicol look on. The Air Park and the city have been going at it for some time. The story came to the public’s attention when the Gazette reported in 2013 on the number of trucks that were roaring up and down Appleby Line and leaving a terrible mess on the road and disturbing the peace and quiet of the country side with the clanging of truck tail gates.
 Hundreds of tucks were hauling landfill onto the Air Park property without any kind of site plan approval from the city. Residents were unhappy; city hall became livid them they became aware of the scope and scale of what was being done. Literally hundreds of trucks were taking landfill onto the Air Park property. City hall wasn’t aware of what was going on nor did anyone at the Region know very much.
When it came to the attention of people at city hall they could find no record of any permits being issued. Turns out the Air Park didn’t seek any permits – they had taken the position that the Air Park was federally regulated and they didn’t have to ask the city for permission to do anything.
The city saw it differently and one court case, and an appeal later – Justice Murphy clarified that situation. The Air park is subject to city regulation.
The city then began to press the Air Park to submit a site plan for approval and to begin providing some data on just what was in that landfill and what impact was it having on the water table. Was it polluted? Many people in northern Burlington thought is was and they wanted water and soil samples taken.
 All the key players in the Airpark libel dispute: Vanessa Warren in the second row and Monte Dennis on the right. The publisher of the Gazette is also a party to the libel case. The good folks at the Air Park were not only taking exception to the demands the city was making but they took exception to what the Gazette and its publisher had written along with the comments of two citizens: Vanessa Warren and Monte Dennis. We were all sued for libel.
The libel case is still before the courts. The defendants are asking for financial data from the Air Park; the Air Park didn’t want to give any data – a Judge has heard arguments as to why the financial data should be made available and why it shouln’t. That decision is due any day now.
Meanwhile the city is awaiting a decision on their request that a Judge compel the Air Park to submit a site plan for approval and that the landfill that was dumped on the property without any kind of permit be removed.
It is the decision on that case that everyone has been waiting for. Many believe that whatever the Judge decides the losing side will appeal and that this case could go all the way to the Supreme Court of Canada
There are those who believe that the Air Park is not in a position to move more than a couple of truck loads of fill if a Judge orders them to do so – they have already spent a reported hundreds of thousands of dollars on the various court cases – and all the bills aren’t in yet.
Might the Air Park be getting close to being tapped out?
 By Staff
June 29th, 2016
BURLINGTON, ON
The Joseph Brant Hospital Emergency Department, the biggest department in the hospital, will open in the fall of 2017.
 Trish Hamilton, Operational Readiness Coordinator. Trish Hamilton, the Operational Readiness Coordinator, sets out five things you need to know about the new ED
1. Patients will receive care faster in the new ED with the help of a new Paired Triage Registration Model. Currently, a patient moves from triage to registration when arriving at the ED. In the new ED, triage and registration will be combined at one station so that a patient is medically assessed and registered at one time.
 The patient examination rooms look a little rough right now – there will be 35 of these rooms. 2. There will be 35 private exam rooms. Each room has a bright, modern space with essential services within easy reach including technology in the head wall above the bed for medical gases; electronic charting stations inside the rooms; and supply alcoves directly outside the rooms that will store linens and cleaning supplies.
3. There will be three private trauma resuscitation rooms and an isolation trauma room featuring glass doors that have the ability to switch from transparent for patient monitoring, to opaque for instant privacy.
4. There will be a dedicated Psychiatry Emergency Services zone with security, three observation rooms, an exam room and a quiet room for families. This area will enhance privacy and dignity for patients who are experiencing a crisis.
5. The Emergency Department will be easily accessible and easy to find, located on the main level beside our new main entrance on Lakeshore Road.
 In a couple of weeks the structure is expected to be weather tight – bridge from parking garage to the hospital is under construction. Staff at the hospital currently work in an environment where an old tired building begins to make room for a shiny new structure that will have all the improvements technology has to offer.
Hopefully you won’t have to make a trip to the emergency department – but if you do – it will be a lot different than anything you have experienced in the past.
By Staff
June 29th, 2016
BURLINGTON, ON
Canada Day – and no fireworks to thrill and entertain my little kids? Get real.
Fire Chief Tony Bavota is getting very real – and very serious.
Remember those fires that devastated large parts of Fort McMurray – the available evidence suggests they were the result of carelessness
 Evidence to date suggests the fire in Fort McMurray, Alberta may have been the result of carelessness. Have you taken a look at the colour of most of the lawns around the city – some pretty brown looking grass.
There hasn’t been enough rain.
All the farmer’s think they are going to be lucky to get two cuts from their hay fields – three cuts are out of the questions. Soybeans are looking a little limp and who know what’s going to happen to the corn silage?
Forest fires are very dangerous – very tough to control – so if the fire chief says don’t light fire crackers given the weather we are having – he needs to be listened to.
A city council that truly leads would pass a bylaw now that gives the authority to ban fire crackers to the fire chief – and make it a stiff, stiff, STIFF fine for those who fail to adhere to the bylaw.
Don’t let your Canada Day Fireworks go up in smoke” says the Chief.
The Fire Department is reminding residents to keep safety top of mind when planning annual Canada Day celebrations, especially those with fireworks.
“With the lack of rain and dry weather lately, we’re discouraging fireworks on Canada Day,” said chief fire prevention officer Joe Wintar. “The city is hosting a full day of activities in Spencer Smith Park, including fireworks. I encourage everyone to think about enjoying this show put on by pyrotechnic professionals.”
To keep your family and property safe, follow these guidelines when setting off fireworks:
• It must be three days before or during Canada Day, on July 1.
• You are at least 18 years old. Keep fireworks and sparklers away from children so they don’t get burned or have their clothing catch fire.
• You are being safe. Read and follow the directions on label carefully.
• You are on private property.
• Keep pail of water or water hose close by for extinguishment.
• Set off fireworks outside in a clear, open area away from doors, windows, buildings, cars, trees and dry grass.
• Light one firework at a time.
• Never re-light a “dud” firework. Wait 15-30 minutes and then soak it in a bucket of water.
• Never light a firework in your hand.
• Keep onlookers at a safe distance and upwind from the area where fireworks are discharged.
• If someone gets burned, run cool water over the wound for 5-10 minutes and seek medical attention.
 It takes but a stray spark to start this kind of fire. As with any emergency, if there is a fire and public safety concern related to fireworks, please call 9-1-1. For more firework safety information, visit www.burlington.ca/fireworks
By Pepper Parr
June 28th, 2016
BURLINGTON, ON
Publication bans are usually put in place to protect people who have been the victims of a criminal act.
Late in May the Gazette published a story on an individual who was arrested for two separate sexual assaults committed on May 24, 2016 at a west end supermarket.
The information came to us from the Halton Regional Police Service (HRPS), Service Child Abuse and Sexual Assault (CASA) Unit.
Late yesterday we received an email telling us that a publication ban had been issued by Judge M. Barnes at the bail hearing for the person charged with the two criminal acts.
We were not aware of the publication ban, apparently the HRPS media people weren’t aware of it either. Detective Constable Matt Cunnington and Detective Constable Alanda, the arresting officers were apparently not aware of the ban either.
The Gazette would like to know why the ban was put in place.
We were advised by the police that the ban came under Sections 517.1 and 486 of the Criminal code.
We have removed the article.
|
|
