Save Our Waterfront got an early Christmas present, thanks to your many emails and phone calls to your elected representatives: agreement in principle to strike a Citizen’s Advisory Committee on the Waterfront. But it’s a present with significant strings attached.

You can read the details of the proposed committee below, developed after a series of meetings with two city councillors and two Save Our Waterfront representatives. We’ll need votes from two more councillors, but this is a step in the right direction. And, as always, we welcome your feedback (either provide a comment below or send us an email).

But a few days ago, we learned about the “strings” attached: when the councillors ran the proposed committee past the city’s lawyer, the advice was to delay its establishment until after a decision in the Ontario Municipal Board hearing on Tim Horton’s waterfront property. The councillors have elected to take this legal advice, and put the committee on hold.

You’ll know from our other posts that Tim Horton’s owns the vacant lot beside Emma’s Back Porch on Old Lakeshore Road and is challenging the city’s definition of a 10-storey building – they want to go higher.

We’ve been told the legal concern is that striking such an advisory committee on the waterfront could be seen as an admission that the city is uncomfortable with its own plans for the waterfront. The mere existence of the committee could be used against the city at the hearing.

That’s the argument, anyway. Save Our Waterfront, respectfully, disagrees. This turn of events represents an unnecessary – and potentially indefinite – delay in citizen consultation.

Delay unnecessary

We don’t believe that seeking the input of citizens on waterfront development in any way compromises the city’s legal position at the OMB. Aren’t cities required by law to consult, not to mention that it’s just good practise?

Also, there’s no guarantee the hearing will proceed as scheduled – it was already postponed from October to Jan. 12-15, a delay of almost three months. Further, there’s no guarantee a decision will be rendered within one month. If we waited, as the lawyer suggests, we won’t even get agreement to strike the committee till March at the earliest. It will be weeks after that before members are chosen and a workplan is established. Meantime, our waterfront is at risk.

Counter-proposal

So Save Our Waterfront has made a counterproposal: that a motion to establish a Citizen’s Advisory Committee on the Waterfront be introduced as soon as possible after the OMB hearing concludes, and not be delayed until a decision is rendered. Only evidence introduced at the hearing can be considered in rendering a decision. So a committee struck after the hearing concludes could in no way negatively influence the city’s position at that hearing.

Assuming the OMB hearing proceeds on time, the earliest opportunity to introduce such a motion would be at the Jan. 18 or Feb. 8 Community Development Committee meeting. Save Our Waterfront has asked for a firm commitment to introduce the motion on one of these dates.

We’ve also asked the two councillors to reconsider their stand if the hearing is once again postponed.

Finally, we’ve reiterated that Save Our Waterfront’s initial request of council was for a motion to, in this order:
1- put a hold on development in the Old Lakeshore Road area, until
2- council conducts city-wide, public consultation on the waterfront
3- including, but not limited to striking a Citizen’s Advisory Committee on the Waterfront.

We’ve asked for an update on the best ways to put a hold on development in Old Lakeshore Road.

Joint Town Hall on waterfront

We’ve also offered to participate in a joint City/Save Our Waterfront Town Hall on the Waterfront in the New Year. It’s something you’ve been asking for, and can be patterned after the recent joint City/Save General Brock Park Committee town hall on the General Brock parklands.

Thank you – and Happy Holidays!

Meantime, have a blessed holiday with family and friends. Thanks for the support you’ve given us over these many weeks and months. We wouldn’t have gotten this far without you speaking up to save our waterfront. We’ll continue to rely on your support to move forward.

What you can do:

1. Tell us what you think about the proposed Terms of Reference for the Citizens Advisory Committee (detailed below).

2. Attend the OMB hearing, Jan. 12-15, 10:30 – 4 pm, at City Hall, Room 247. (Before you come, check here first to ensure there hasn’t been another delay).

Better yet, sign up for a two-hour shift to record notes, so we have a public witness from Save Our Waterfront for the duration of the hearing. Save Our Waterfront is a participant at the hearing and will make a presentation after the City and Tim Horton’s have made their case, toward the end of the week. To sign up for a shift, contact our volunteer co-ordinator Helen Donohoe at: helendonohoe@sympatico.ca or 905-632-7047.

3. Attend the Community Development Committee when the motion to strike the waterfront advisory committee is introduced.

Better yet, register as a delegation to speak to the committee in support of the motion (Save Our Waterfront can help you prepare). We’ll need four votes to get it passed. We’ll let you know which day to come, but save the evenings of Jan. 18 and Feb. 8 just in case. We’ll need to get out in full force to show our support for establishing the advisory committee.

Proposed Citizen’s Advisory Committee on the Waterfront

Members of Save Our Waterfront have met several times with councillors Peter Thoem (Ward 2) and Rick Goldring (Ward 5) to discuss establishing a waterfront advisory committee. At our last meeting, Nov. 30, we achieved agreement in principle to establish a committee, pending consensus on the terms of reference, membership, and other details, as well as resolution of the legal concerns outlined above. We would still need two more votes on council to get the committee started, but we think we might have one more: Councillor Jack Dennison (Ward 4) has publicly stated he has no objection to setting up such a committee, depending on the terms of reference.

Below are the details of the committee and our notes outlining implications or our proposed changes.

Title: Burlington Shoreline Advisory Committee
NOTE: Save Our Waterfront has suggested that “shoreline” be replaced with “waterfront” as being more accurate, since the scope of the committee’s focus will extend a few blocks past the shoreline.

Reporting: Direct to city council, rather than committee.

Scope: Lands from Hamilton (Burlington Beach) in the West, to Oakville (Burloak Park) in the East, and from the shoreline extending back 250 metres (in most places, that’s approximately 1-2 blocks beyond Lakeshore Road).
NOTE: Ward 5 residents will be interested to know that Burloak Park is slated for parkland redevelopment, and Burlington Beach (in Ward 1) is still under negotiation. There is much to talk about, across our city, related to the waterfront.

Membership:

• Since the waterfront is a city-wide asset, 1-2 members from each ward
• Ideally, some members with planning, architectural, environmental, and maybe legal, expertise
• Possibly some members who own waterfront property.

Size of committee:

• About 15 members
• Staggered terms until the committee is established: 5 x one year, 5 x 2 years and 5 x 3 years. Subsequent new members appointed for a three year term.
• Two members of city council, to serve as liaison to the committee
• Potentially a representative from Conservation Halton, which regulates shoreline development and setbacks
• Chair and vice-chair selected by committee members at the initial meeting (as per current practise for city committees).

Purpose of the committee:
Provide input and comments to City Council regarding planning issues affecting lands within 250 metres (1-2 blocks) of the shoreline.

Terms of Reference:

1. Provide input and comments to City Council regarding planning issues affecting lands within 250 metres of the shoreline – including the Official Plan review (next scheduled for 2011), Lasalle Park, Beachway Park, Spencer Smith Park, Old Lakeshore Road District, Burloak Waterfront Park.
2. Review all development applications in a process similar to the Sustainable Development Committee.
3. Work with Heritage Burlington and staff defining heritage properties in the defined area.
4. Liaise with Conservation Halton on shoreline setbacks, preservation and other shoreline issues.
5. Develop and execute a plan for city-wide community consultation on the future of lands in the defined waterfront area.
6. Not to include: Engineering projects, Parks and Recreation maintenance or operational matters, single family home construction, shoreline protection works.

NOTE: Save Our Waterfront has asked for Point #6 to be deleted as potentially, and unnecessarily, restrictive to the committee. These are the kind of matters that would be decided on a case-by-case basis, during the annual development of the committee’s workplan.

Initial selection process:
Normally, advisory committee members are chosen following an application and interview process by the city clerk and members of council who are assigned to that committee. We have agreement to add 1-2 impartial citizen representatives to the selection team, who are considered community leaders with municipal expertise. These people would not serve on the committee, but are there to safeguard community interests.
NOTE: Save Our Waterfront will also seek observer status for one of our members in these proceedings to ensure fairness.

Next Steps:
We are hoping to finalize the above proposal for the Waterfront Advisory Committee, and canvass council members to obtain our four votes, in time to present a motion to strike the committee, with terms attached, at either the Jan. 18 or Feb. 8 Community Development Committee.

We will keep you posted and look forward to your feedback. Like it? Missing something? Tell us what you think about the above proposal for a Citizen’s Advisory Committee on the Waterfront by providing comment below or emailing us here: saveourwaterfront@bell.net.

Save Our Waterfront is an initiative of A Better Burlington, your source for news and debate about what’s happening in our city. To learn about and comment on other issues in Burlington, sign up for our electronic newsletter at: http://abetterburlington.ca.

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